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
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CITY OF WEST COVINA
FIRE MANAGEMENT BENEFITS
JULY 19 2004 - JUNE 309 2007
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ARTICLE
ARTICLE ONE
ARTICLE TWO
ARTICLE THREE
APPENDIX A - 1
INDEX
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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.
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• 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)
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• ARTICLE TWO
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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
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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.
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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
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• 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
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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.
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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.
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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.
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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.
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• 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.
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• 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.
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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