Loading...
Resolution - 2005-78RESOLUTION NO. 2005-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION 8288, 2002-23, AND 2002-69 RELATING TO ASSISTANT FIRE CHIEFS COMPENSATION AND BENEFITS WHEREAS, the City of Wet Covina provides salary adjustments and benefits deemed 40 appropriate to attract and retain qualified Fire Management Employees; and WHEREAS, the City and the Fire Management Employees have agreed upon certain changes to salary and benefits, as outlined below and detailed in Attachment A: SECTION 1. Term: 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 Fire Management 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 agreement. 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 agreement. SECTION 5. Longevity: Effective July 1, 2004 all sworn Fire Management 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 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 SECTION 7. Vacation Accrual: Effective July 1, 2005, the monthly vacation accrual will increase one hour from 19 to 20 hours for 14 years of service, and each year after that up to a maximum of 23 hours per month for 16 or more years of service. SECTION 8. 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. SECTION 9. Fire Marshal Special Pay: Assistant Fire Chiefs who are appointed to serve as Fire Marshal shall receive a 5% increase in pay while serving in this role, inconsideration for the loss of Holiday Pay that they will loose while serving as Fire Marshal. Resolution No. 2005-78 November 15, 2005 SECTION 10. Administrative Leave: This item will be removed effective January 1, 2006, in exchange for longevity pay and salary increases commensurate to that received by the Firefighter Association. SECTION 11. Deferred Compensation: This item will be removed effective January 1, 2006, in exchange for longevity pay and salary increases commensurate to that received by the Firefighters Association. • SECTION 12. Other Benefits: All other benefits will remain unchanged and are listed in the Fire Management Compensation and Benefits Booklet. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. APPROVED and ADOPTED on this 15th day of November 2005. Mayor Shelley Sanderson ATTEST: City Clerk La -e Carrico 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 15`h day of November 2005, by the following vote of the City Council: AYES: Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: Herfert Non ABSTAIN: None r City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney ArrjAd Alvarez-Glasman PA Attachment A • CITY OF WEST COVINA FIRE MANAGEMENT BENEFITS JULY 19 2004 - JUNE 309 2007 n U • ARTICLE ARTICLE ONE ARTICLE TWO ARTICLE THREE APPENDIX A - 1 INDEX • TABLE OF CONTENTS SUBJECT PAGES SALARIES AND COMPENSATION ............... 1-2 FRINGE BENEFITS .................................... 3-7 LEAVE POLICIES ...................................... 8 -10 SALARY SCHEDULE .................................. 11 - 25 Is ARTICLE ONE SALARIES AND COMPENSATION L SALARY RANGE SCHEDULE — July 1, 2004 through June 30, 2005 Effective the first day of the pay period beginning on or after July 1, 2004, Fire Management Employees shall receive a four percent (4%) cost of living adjustment retroactive to the first day of the pay period beginning on or after July 1, 2004. IL SALARY RANGE SCHEDULE — July 1, 2005 through June 30, 2006 Effective the first day of the pay period beginning on or after July 1, 2005, Fire Management Employees shall receive a two and one-half percent (2.5%) cost of living adjustment. III. SALARY RANGE SCHEDULE - January 1, 2007 through June 30 2007 Effective the first day of the pay period beginning on or after January 1, 2007, Fire Management Employees shall receive a two and one-half percent (2.5%) cost of living adjustment. See Appendix "A-1" for the corresponding salary schedule. VI. PERS Retirement Benefits The contract between the City and Public Employees' Retirement System (PERS) shall provide the following benefits: 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) 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. 1 • 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) 0 • ARTICLE TWO • I. FRINGE BENEFITS ADMINISTRATION PROVISION A. Administration The City reserves the right to select, administer, or fund any fringe benefits programs involving insurance that now exist or may exist in the future. B. Selection and funding 1. In the administration of fringe benefits programs involving insurance, the City shall have the right to select any insurance carrier, self insure, or other method of providing coverage to fund the benefits provided, as long as the benefits of the plan are substantially the same. 2. The City may choose to exercise its right to select the insurance carrier and select Medicare as the City's Retirement Insurance Carrier for eligible Fire Management Employees and retirees. In such case, the Fire Management Employees and retirees who are eligible will be required to enroll in Medicare and continue to be eligible to participate in other City medical plans. II. MEDICAL INSURANCE A. City Monthly Medical Insurance Premium Contribution Effective July 1, 2004, 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 Cap - $600.00 1. 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 3 • 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. 2. Fire Management 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 III. RETIREE HEALTH BENEFIT — CITY'S MONTHLY CONTRIBUTION A. City Contribution Amount Provided that Fire Management Employees have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the City, the amounts in the following retiree premium payment should be paid by the City per month per eligible retiree towards the payment of premiums for retiree health insurance under the Program. 1. The City shall contribute towards the payment of health insurance premiums, for eligible retirees four hundred dollars ($400) per month. 3. 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. 4. 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. 5. These changes will be effective through enacting a resolution pursuant to the Public Employees Retirement System (PERS) requirements and procedures. 6. 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. n • IV. DENTAL INSURANCE BENEFIT A. Dental Insurance Monthly Premium —City Contribution The City shall pay up to a maximum of $30.00 per month for the cost of a dental plan for Fire Management Employees and their qualified dependents. V. SECTION 125 PLAN A. The City has established a program consistent with Section 125 of the IRS Code, which enables employees to voluntarily use pre-tax earnings for medical, dental, and dependent care expenses. B. It is understood by the parties that participation in the plan is voluntary for Fire Management Employees and the City will not be obligated to contribute to pay any employee costs who participate in the plan. VI. LIFE INSURANCE Term Policy The City shall provide all Fire Management Employees a term life insurance policy in the amount of $100,000 while employed, and $100,000 AD&D while on duty, and a post -retirement death benefit of $10,000. VII. TUITION REIMBURSEMENT PROGRAM A. Maximum Reimbursement Fire Management Employees' maximum annual tuition reimbursement (including books) shall be one thousand one hundred and thirty dollars ($1,130.00) per fiscal year. B. Administrative Policy The specific details of the Tuition Reimbursement Program is set forth in Administrative Policy approved on August 13, 1992, and amended thereafter. VIIL PERS EMPLOYEE'S CONTRIBUTION — PAID BY CITY A. Added to Base Salary Reported to PERS 1. There shall be added to each unit employee's base taxable compensation paid by the City on behalf of unit employee, an amount known as the member's contribution reportable to the Public Employees Retirement • System. 5 0 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. 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. IX. UNIFORM ALLOWANCE 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. X. EDUCATIONAL INCENTIVE Fire Management Employees shall be eligible for the following educational incentives in the month following the month in which the degree is obtained: $168/month - Associate of Arts Degree or equivalent (60 semester or 90 quarter units) $335/month - Associate of Arts Degree or equivalent plus State Firefighter H Certificate $268/month - Bachelor's Degree $435/month - Bachelor's Degree plus State Firefighter H Certificate $368/month - Master's Degree $535/month - Master's Degree plus State Firefighter 11 Certificate 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. 0 • XI. BILINGUAL SHILLS 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 Human Resources. 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. Human Resources 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. XII. LONGEVITY PAY Effective July 1, 2004 all sworn Fire Management 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 XIII. 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. XIV. MISUSE OF BENEFITS Assistant Fire Chiefs who fraudulently gain or fraudulently attempt to gain for themselves or others by deception, omission, or fraud the benefits of the City's Workers' Compensation, retirement, medical, dental, or other insurance policies or any other benefit which they would not otherwise be entitled to shall be subject to: a) denial of requested benefits; and/or b) disciplinary action up to and including termination. XV. FIRE MARSHAL DIFERRENTIAL The Fire Management Employee assigned to work as the Fire Marshal shall be provided • 5% additional compensation. 7 E • ARTICLE THREE WORK PERIODS/SCHEDULES I. HOURS OF WORK POLICY It is the policy of the City that the hours of work, as negotiated by unit employees or determined by the City Council for nonrepresented employees, shall constitute a week's work for all full-time employees, except that work days and work weeks of a different number of hours may be established in order to meet the varying needs of the different City departments. Criteria for Trial Period 48/96-work schedule The City Council Agrees to a 12-month trial 48/96-work schedule with the following conditions: Section I: 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. Day 2 of the cycle is the same as day one, out of bed by 0700 hours and properly groomed by 0800 hours. 0 CJ • 5. During the change over to a new schedule or if the schedule should revert back, the department shall not incur any overtime expenditures. 6. 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 23ra will be reassigned to work December 241h. The shift originally scheduled to work on December 241h will be reassigned to work December 23`a 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. XOXOXOOOO 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; 9 u 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; 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. 10 L� 0 ARTICLE FOUR LEAVE POLICIES L TIME OFF BENEFITS FOR SHIFT EMPLOYEES Leave benefits for fire safety employees working a twenty-four (24) hour shift shall be calculated on the basis of one -and -one half times the hourly benefit granted to employees working an eight (8) hour day. II. HOLIDAYS A. Assistant Fire Chiefs (Shift Employees) - Holidays shall be granted on the basis of one holiday (12 hours) per month with no specific date. If an employee terminates prior to the effective date of the traditional holiday, the holiday pay will be deducted from the final check. B. Fire Marshal (Non -Shift Employee) 1. Official Fixed Holidays The City shall recognize the following days as official City fixed holidays for Fire Management Employees assigned to non -shift work (i.e., Fire Marshal): New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve (unless Christmas falls on a Saturday, Sunday, or Monday) Christmas Day 2. Fixed Holidays — 8 Hours Leave With Pay Each fixed holiday granted to employees shall be eight (8) hours of time off with pay. Any additional time taken off above eight (8) hours per each fixed holiday must be deducted from the employee's other leaves, such as vacation, floating holiday leave, or compensatory time. 11 • is III. ADMINISTRATIVE LEAVE — FIRE MARSHAL A. Amount of Administrative Leave Effective January 1, 2004, and each January 1 thereafter, Fire Management Employees assigned to non -shift work will receive a maximum of fifty-six (56) hours per year in administrative leave. B. Additional Administrative Leave Additional Administrative Leave, based upon annual vacation accruals, may be granted at the discretion of the Fire Chief. Such additional leave time shall be calculated at the rate of twenty-five percent (25%) of employee's annual earned vacation rate as of January 1 of each year. C. Administrative Leave Policy The specific details of the Administrative Leave Policy is set forth in Administrative Leave Police approved October 1, 1996, and amended thereafter by the City Manager. IV. VACATION A. Vacation Policv It is the policy of the City that when possible, Fire Management Employee vacations be taken annually in the year earned. The time during the year at which a Fire Management Employee may take vacation shall be determined by the Fire Chief, with due regard for the wishes of the Fire Management Employee and particular regard for the service needs of the City. Vacation Leave Earned and Accumulated — Assistant Fire Chiefs (Shift Employees) Usable after 6 mos. of employment, eligible Assistant Fire Chiefs shall earn and accumulate to a maximum vacation leave 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 + 9.23 20.00 480 12 • At the completion of 60 months, add 60 hours of vacation leave. Effective July 1, 2005, Assistant Fire Chiefs 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. C. Vacation Leave Earned and Accumulated - Fire Marshal (Non -Shift Employee) Usable after 6 mos. of employment, Fire Management Employee assigned to non - shift work shall earn and accumulate to a maximum vacation leave as follows: Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum Accruals 1 - 12* 3.08 6.67 240 13 - 108 4.62 10.00 280 109 - 120 4.92 10.67 288 121 -132 5.23 11.33 296 133 -144 5.54 12.00 304 145 -156 5.85 12.67 312 157 + 6.15 13.33 320 *At completion of 12 months add 40 hours 13 • Effective July 1, 2005, Fire Marshal shall earn and accumulate to a maximum vacation leave rate as follows: Months of Service Hours Accumulated Per Pay Period Hours Accumulated Per Month Maximum Accruals 1 —12* 3.08 6.67 240 13 — 108 4.62 10.00 280 109 —120 4.92 10.67 288 121 — 132 5.23 11.33 296 133 — 144 5.54 12.00 304 145 —156 5.85 12.67 312 157 — 167 6.15 13.33 320 168 —179 6.46 14.00 320 180 —191 6.77 14.67 320 192 + 7.08 15.34 320 D. Limitation — Vacation Leave Accrual 1. Fire Management Employees shall not be allowed to accrue vacation leave beyond the stated maximums. 2. No Fire Management Employee shall lose earned vacation leave because of work urgency as approved by management. Work urgency is defined as the department's need to have the Fire Management Employee at work to perform duty assignments for a specified period of time. 3. If a Fire Management Employee has reached the maximum allowed unused vacation leave balance, and is unable to take vacation leave due to work urgency, industrial injury, extended medical leave, special or pre - scheduled leave as authorized by management, the Human Resources Director will approve a waiver of the maximum allowed unused balance for a period not to exceed six (6) months per fiscal year. E. Payment for Unused Vacation Leave Time at Termination Any Fire Management Employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is terminating his/her employment, shall be paid for accrued vacation leave time on the effective date of termination. 40 14 0 F. Payment for Unused Vacation 1. Elidbility Upon request from the Assistant Fire Chief and approval from both the Fire Chief and City Manager, in order to address unusual or emergency conditions, an employee may be paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such payments shall be for no more than forty (40) hours in any one calendar year, except as otherwise provided herein. 2. Vacation Cash -Out — Assistant Fire Chiefs 1. Assistant Fire Chiefs with less than five (5) years City service, may receive payment in lieu of up to one hundred twenty (120) hours of accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of the Fire Chief. 2. Assistant Fire Chiefs with five (5) or more years of City service, may receive payment in lieu of up to one hundred eighty (180) hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five (5) days prior to requested date of issuance of the check, upon approval of the Fire Chief. 3. Vacation Cash -Out — Fire Marshal 1. Fire Marshal with less than five (5) years City service, may receive payment in lieu of up to eighty (80) hours of accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five days prior to requested date of issuance of the check, upon approval of the Fire Chief. 2. Fire Marshal with five (5) or more years of City service, may receive payment in lieu of up to one hundred twenty (120) hours accumulated vacation time in any one calendar year upon filing a written request with the Finance Department five (5) days prior to requested date of issuance of the check, upon approval of the Fire Chief. 0 15 • G. Advance Payment for Vacation 1. Any Fire Management Employee who is authorized to take sixty (60) or more for Assistant Fire Chiefs (forty (40) or more for Fire Marshall) hours of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the Fire Management Employee's authorized vacation. 2. The application must be approved by the Fire Chief and filed with the Finance Director at least seven (7) days before the vacation period for which the salary advance is requested. 3. In cases of extreme emergency where the Fire Management Employee is unable to give the required notice, approval for an advance vacation check may be given where such request can be justified to, and approved, by the Fire Chief and Finance Director. H. Vacation Leave — Reinstated/Reemployed Fire Management Employees Any Fire Management Employee who is reinstated or reemployed under the provisions of these rules shall accrue vacation at the same rate as prior to his/her termination. V. SICK LEAVE A. Allowance/Accumulation 1. Fire Marshall: Following completion of thirty (30) calendar days of continuous full-time service, each City employee paid upon a monthly basis shall be allowed 8 hours of credit to sick leqve pay. Thereafter for each calendar month of service in which the employee has worked or has been paid for more than two-thirds (2/3) of the actual number of working days of such month, he/she shall be allowed 8 hours of credit for sick leave with pay. Unused sick leave may be accumulated without limit. 2. Fire Management: 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 Benefit 1. Sick leave is a benefit and not a right and is to be utilized by Fire Management Employees who are unable to work because of an injury or illness not arising out of the course of their employment, except as provided otherwise in this article. • 16 . 2. The sick leave benefit should be thought of as an insurance policy; it insures and protects Fire Management Employees from a loss in wages when they are unable to work because of an illness or injury. C. Sick Leave Earned 1. Shift employees accrue twelve (1`2) hours per month; Non -Shift employees accrue eight (8) hours per month. 2. Sick leave may be used by new Fire Management Employees following thirty (30) calendar days of employment. 3. Unused sick leave may be accumulated without limit. D. Reinstatement of Sick Leave 1. Any Fire Management Employee who is reinstated to full-time City employment shall be given full credit for his/her unused accumulated sick leave at the time of termination, provided, however, that no payoff for accumulated sick leave was received upon termination. E. Sick Leave Annual Payoff Program The employee Sick Leave Annual Payoff Program shall be administered as follows: 1. By November of each calendar year, the City will determine the amount of unused sick leave for each regular Fire Management Employee. 2. The maximum amount of sick leave hours cashed each calendar year at the Fire Management Employee's hourly rate is sixty (60) hours (40 hours for Fire Marshall). 3. Each Fire Management Employee must carry over to a sick leave "bank" a minimum of eighty-four (84) hours (56 hours for Fire Marshall) current year unused hours in December, and may request cash payment for any hours above eighty-four (84) hours (56 hours for Fire Marshall)current year unused hours or may add it to the sick leave bank. 4. Sick leave used by an Fire Management Employee during each calendar year will be charged against the Fire Management Employee's current year earnings. 5. If eighty-four (84) hours (56 hours for Fire Marshall)per calendar year of unused sick leave are not available, the number of unused hours must be carried over to the sick leave bank. 0 17 0 6. To qualify for this program, Fire Management Employees shall not be allowed to change sick leave to other forms of paid leave. F. Sick Leave Payoff Upon Termination Upon termination of over three years of full-time salaried City service, other than by discharge, Fire Management Employees shall be paid for one third (1/3) of all sick leave accrued to the time of such termination at current compensation to a maximum of 400 hours. G. Use of Sick Leave 1. Approval Fire Management Employees sick leave can only be granted upon the approval of the Fire Chief in the case of bona fide illness or injury of the Fire Management Employee or in the event of the care or attendance of serious illness of the Fire Management Employee's immediate family. 2. Physician's Certificate on Use of Sick Leave The Fire Chief may require evidence in the form of a physician's certificate, or written statement, as to reason for any Fire Management Employee's absence of two (2) or more consecutive working days for which sick leave was requested. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. 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. 3. Physical Examination May be Required Any Fire Management Employee absent from work, due to illness or accident, may be required by the Fire Chief to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City. 0 18 • H. Use of Sick Leave — Care of Immediate Family 1. No more than seventy-two (72) hours for Assistant Fire Chiefs (shift employees), and forty-eight (48) hours for Fire Marshal (non -shift employee) of sick leave within any calendar year may be granted to a Fire Management Employee for the care or attendance upon members of his/her immediate family. 2. The phrase "immediate family," for the use of sick leave, is defined under Bereavement Leave of this Article Five, as spouse, parent, grandparent, brother, sister, child, stepchild, grandchild, and in-laws. I. Temporary Disability 1. A Fire Management Employee who is entitled to temporary disability indemnity under Div. 4, Div. 4.5 of the State Labor Code may elect to take that number of days or portions of days of his/her accumulated sick leave, or his/her accumulated vacation, as when added to his/her disability indemnity will result in payment to him/her of his/her full salary. 2. When his/her accumulated sick leave, or vacation, or both are exhausted, he/she is still entitled to receive disability indemnity. I Sick Leave Limitations No Fire Management Employee shall be entitled to sick leave with pay while absent from duty on account of the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by any of his/her own willful misconduct. 2. Sickness or disability sustained while on leave of absence, other than regular vacation leave or sick leave. 3. Disability or illness arising from compensated employment other than with the City of West Covina. K. Sick Leave Durine Vacation Sick leave shall not be used in lieu of or in addition to vacation leave. However, a Fire Management Employee who becomes seriously ill on an approved vacation may contact the Fire Chief and request that sick leave be granted in lieu of vacation for the period of illness. The Fire Chief has discretion in approving or disapproving such request. is 19 • L. Holiday During Sick Leave Observed holidays occurring during sick leave shall not be deducted from the Fire Management Employee's sick leave time. M. Use of Sick Leave to Offset Disability Retirement No Fire Management Employee shall use sick leave days to offset the date of disability retirement. The effective date of disability retirement shall be as soon as practicable after the City's physician has determined that the Fire Management Employee can no longer perform the duties of his/her or an alternate position. VI. WORK RELATED DISABILITY LEAVE A. Iniury/Illness Arising Out Of and In The Course of Job Duties Whenever Fire Management Employees of the City are disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall be entitled, regardless of their period of service with the City, to leave of absence while temporarily disabled, without loss of salary, per L.C. 4850. The period of such disability, shall not exceed one (1) year, or until such earlier date as they are determined to be permanent and stationary and unable to return to their usual and customary duties. B. Paid Leave During Disability No sworn members of the Police and Fire Departments, while on or entitled to industrial disability leave of absence, shall suffer the loss of any vacation, sick leave, or increase in compensation which would have accrued, or to which he/she would have been entitled, if he/she were actually performing his/her duties. VIL BEREAVEMENT LEAVE Bereavement leave up to seventy-two (72) hours for Assistant Fire Chiefs (shift employees), and forty (40) hours for Fire Marshal (non -shift employee) per occurrence in the event of the death of said Fire Management Employee's immediate family member, which is defined as a grandparent, parent, spouse, in-laws, child, stepchild, grandchild, brother, or sister. Evidence of proof may be requested. VIII. MILITARY LEAVE A. State Military and Veteran's Code Military leave with pay shall be granted in accordance with Section 395 of the State Military and Veteran's Code. 0 20 • B. Inactive Military Service 1. Any Fire Management Employee is on inactive duty such as scheduled reserve drill periods, and who has been in the service of the public agency from which leave is taken for a period not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his/her salary or compensation as such public employee for the first thirty (30) calendar days of any such absence. 2. Pay for such purposes shall not exceed thirty (30) days in any one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service. 3. The City may grant a military leave of absence without pay for an indefinite period of time to any Fire Management Employee who is called into active military service even though the Fire Management Employee does not meet the one (1) year of continuous service requirements. C. Active Military Service Each full-time Fire Management Employee of the City who has been or is called to active military service with the Armed Forces of the United States in connection with the activation of the Military Reserves shall be entitled to military leave with full pay for the period of absence on military service in excess of the period covered by said Rule 10, Section 10.26. 2. The amount of pay each such Fire Management Employee shall be entitled to receive from the City for said additional period of military leave shall be the difference between the gross pay and allowances actually received by the officer or employee from the Unites States for such service and the gross wages that said Fire Management Employee have received from the City Of West Covina if he or she had not been called to active military duty, subject to all necessary and appropriate deductions and withholdings. The City shall also provide continued health and dental benefits to the Fire Management Employee's dependents, provided that the dependents were covered for those benefits prior to the Fire Management Employee being called to active duty. Further, contributions to deferred compensation from the Medical and Dental Insurance benefit shall not be made during the time of activation. 4. The City shall not pay any wage or benefit provided for in this resolution until and unless the Fire Management Employee who requests such payment provides satisfactory proof and documentation of eligibility to receive payment in accordance with procedures established by the City Manager. 21 • IX. JURY DUTY A. Jury Duty Policy No deductions shall be made from the salary of a Fire Management Employee while on jury duty if he/she has waived or remitted to the City the fee for jury duty paid for hours the Fire Management Employee is scheduled to work. If he/she has not so waived or remitted the jury fee, he/she shall be paid only for the time actually worked in his/her regular position. A Fire Management Employee accepted for jury duty shall immediately notify the Fire Chief in writing whether or not he/she waives or remits his/her jury fee to the City. B. Jury Fees Returned to the City The City will grant a Fire Management Employee required to serve on jury duty, or to report for examination to serve on jury duty, one (1) time for a maximum of 160 hours, paid leave for such purposes during any three (3) consecutive years of employment. All fees received by the Fire Management Employee for jury duty, exclusive of mileage, shall be remitted to the City. City Administrative procedures will govern further details of this program. A professional fire employee who is subpoenaed or required to appear in court as a witness on job related matters shall be deemed to be on paid leave of absence, while actually in court. Any notification of such appearance shall immediately be reported to the duty Battalion Chief. The employee shall remit to the City Treasurer all fees received except milage. C. Witness Leave A sworn fire employee who is subpoenaed or required to appear in court as a witness on job -related matters shall be deemed to be on paid leave of absence while actually in court. X. FAMILY CARE LEAVE A. Birth or Adoption Leaves due to pregnancy or subsequent to the birth or adoption of a child for parental care purposes, will be granted for a reasonable period of time by the Fire Chief, provided such period, including paid leave and leave without pay, shall not exceed four months. Such leave shall not be conditioned on whether the Fire Management Employee is medically disabled but must be directly associated with the birth or adoption of a child. Only those Fire Management Employees with at least one (1) year of continuous City employment shall be eligible. 0 22 0 B. Family Illness Leaves due to serious health condition of a child, spouse or parent of a Fire Management Employee may be granted for a reasonable period of time by the Fire Chief, provided such period including paid and unpaid leave, shall not exceed twelve (12) weeks in any twelve (12) month period. Only those Fire Management Employees with at least one year of continuous City employment shall be eligible. Certification from a health care provider that the Fire Management Employee's leave is necessary and the prospective length of such leave may be required upon request. Family care leave shall be administered in a manner consistent with Sections 12945, 12945.2 and 19702.3 of the California Government Code. California law shall prevail unless preempted by federal law. C. Use of Paid Leave 1. Paid benefit time such as vacation, personal leave days, and compensatory time leave may be taken during any family leave period so long as the total time off does not exceed twelve (12) weeks. Such leave must be used prior to a Fire Management Employee taking leave without pay except during the disability period of a female employee, which is in conjunction with the birth of a child. Sick leave may only be used during the disability period or as provided under Personnel Rules. All Fire Management Employees on family care leave are entitled to return to the same or comparable position. 2. More specific details on the Family Medical Leave Policy is set forth in the City's Administrative Policy on the subject (dated 1/3/94 & 4/6/94). XI. SPECIAL LEAVE OF ABSENCE WITH PAY When a Fire Management Employee has exhausted all sick leave and vacation time to which he/she is entitled, the City Council may, upon showing of good cause and justifiable and deserving circumstances, grant to such Fire Management Employee a leave of absence with pay for a period not exceeding six months and subject to such conditions as the City Council may deem advisable. If temporary disability payments are paid to such Fire Management Employee during any such leave of absence with pay, they shall be credited to and considered a part of his/her salary, and the City shall pay only the difference which when added thereto would equal his/her full salary. The aggregate of all such leave shall not be more than one year. XII. LEAVES OF ABSENCE WITHOUT PAY A. I Unauthorized Absence — Automatic Termination Any Fire Management Employee absent from his/her job for more than two (2) working days without prior permission of the Fire Chief, shall be considered to 23 • have automatically terminated his/her employment with the City, unless such leave is extended as approved by the Fire Chief for mitigating circumstances. B. Unauthorized Absence — Other Disciplinary Action Any unauthorized absence may be cause for disciplinary action. C. Authorized Absence 1. Upon the request of the Fire Management Employee, a leave of absence without pay may be granted by the Council or City Manager to a Fire Management Employee who, immediately preceding the effective date of such leave, shall have completed at least one year of continuous service. 2. A Fire Management Employee shall not be entitled to a leave of absence as a matter of right, but only upon good and sufficient reason. D. Leave of Absence Without Pay - Duration 1. Request for leave of absence without pay shall be submitted to the Fire Chief, and shall state specifically the reasons for the request, the date when leave is desired to begin, and the probable date of return to work. 2. The Fire Chief may approve the request of leave of absence without pay, of one hundred twenty (120) calendar days or less. 3. The City Manager may approve requests of more than one hundred twenty (120) calendar days, not to exceed one (1) full year. 4. The City Manager may later, due to mitigating circumstances, extend such leave of absence without pay for one (1) additional full year. 5. A physician statement shall be required of any Fire Management Employee who requests leave of absence without pay as a result of medical conditions. E. Leave of Absence — Employee Injured on Job The City Council may grant a leave of absence without pay for an indefinite period of time to any Fire Management Employee who is injured on the job, or has a serious illness even:though the Fire Management Employee does not meet the one-year of continuous service requirements. F. Accrual of Benefits Leave of absence without pay granted by the City shall not be construed as a break in service of employment, and rights accrued at the time leave is granted • 24 • shall be retained by the Fire Management Employee; however, vacation credits, sick leave credits, increases in salary and other similar benefits shall not accrue to a person granted such leave during the period of absence. A Fire Management Employee reinstated after leave of absence without pay shall receive the same step in the salary range he/she received when he/she began his/her leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the Fire Management Employee's salary anniversary date shall be set forward one month for each thirty (30) consecutive daystaken. • XIII. FAILURE TO RETURN FROM LEAVE A. Failure of the Fire Management Employee to return to his/her employment upon the termination of any authorized leave of absence shall constitute an automatic termination from City service of that Fire Management Employee, unless such leave is extended.] B. The City reserves the right to revoke or cancel any authorized leave for reasons, which the City finds to be sufficient. 25 Fire Management Salary Ranges July 2004 to January 2007 Appendix A-1 Effective the first day of the pay period beginning on or after Effective Effective Effective Effective 1/01/04 7/1/04 7/1/05 1/1/07 4% Salary 2.5% 2.5% Salary Adjustment Salary Adjustment Adjustment Job Title Beginnin Top Beginning Top Beginning Top Beginning Top Range Range Range Range Ran a Range Range Range Assistant $6,872 $9,281 $7,147 $9,652 $7,326 $9,893 $7,509 $10,140 Fire Chief* *Effective 11/15/05, the Assistant Fire Chief assigned to work as Fire Marshal will receive a 5% pay differential. 0