Resolution - 2015-37RESOLUTION NO.2015-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING A TWO-YEAR MEMORANDUM OF
UNDERSTANDING (MOU) FOR THE WEST COVINA FIRE MANAGEMENT
EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND
BENEFITS FOR THE FIRE MANAGEMENT ASSOCIATION.
The City Council of the City of West Covina does resolve as follows:
WHEREAS, the City of West Covina has met and conferred with representatives for the
West Covina Fire Management Association; and
WHEREAS, the City of West Covina and the Fire Management Employee Association
have agreed upon certain changes to the benefits and terms and conditions of
employment in an agreed upon Memorandum of Understanding (MOU) for
the period of July 1, 2014, through June 30, 2016; and
WHEREAS, this agreement has been referred to the City Council for their consideration of
the terms.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WEST COVINA AS FOLLOWS:
SECTION 1. The two (2) year agreement from July 1, 2014 through June 30, 2016,
between the City of West Covina and the West Covina Fire Management Employee
Association is hereby approved and ratified, and all applicable changes to this agreement
are delineated in the corresponding staff report to this resolution.
SECTION 2. That the Mayor is authorized to sign and the City Clerk shall certify to the
adoption of this resolution and thereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 18" day of August, 2015
APPROVED AS TO FORM:
Kimberly Ha 1 Barlow
1 Brlowloowwf''I
City Attorney
redrick Sykes
Mayor
ATTEST:
N ckolas.S.-Lewis '
City Clerk._
I 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 on the 181h day of August, 2015, by
the following vote of City Council:
AYES:
Spence, Toma, Warshaw, Wong, Sykes
NOES:
None
ABSENT:
None
ABSTAIN:
None
"Q
N ckolas S.,Lewi '
City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
AND
WEST COVINA FIRE MANAGEMENT ASSOCIATION
EFFECTIVE
JULY 1, 2014 THROUGH JUNE 30, 2016
Table of Contents
PREAMBLE................................................................................................................................................ I
I. RECOGNITION/REPRESENTATION UNIT........................................................................ 1
11. SCOPE AND PREVAILING RIGHTS..................................................................................... 1
A. Employee and Employer Rights................................................................................................... 1
B. Maintenance of Benefits............................................................................................................... 1
C. Contracting....................................................................................................................................2
III. SEVERABILITY........................................................................................................................2
ARTICLE 1: SALARIES AND COMPENSATION..............................................................................3
I. SALARY ADMINISTRATION.................................................................................................3
A.
Specific Inforniation in Personnel Rules....................................................................................... 3
B.
Effective Date of Step Increases and Extra Compensation........................................................... 3
II.
FIRE SERVICE LONGEVITY PAY........................................................................................3
111.
FIRE OFFICER CERTIFICATION PAY...............................................................................3
A.
State Fire Officer Certification..................................................................................................... 3
B.
Executive Fire Officer Program Incentive.................................................................................... 3
IV.
FIRE MARSHAL DIFFERENTIAL PAY...............................................................................3
V.
EDUCATIONAL INCENTIVES...............................................................................................4
VI.
BILINGUAL SKILLS PAY.......................................................................................................4
VII.
UNIFORM ALLOWANCE.......................................................................................................4
VIII.
DEFERRED COMPENSATION...............................................................................................4
IX.
PROMOTION PAY (CAPTAIN TO ASSISTANT FIRE CHIEF)........................................5
ARTICLE
2: FRINGE BENEFITS..........................................................................................................6
1.
ADMINISTRATION AND FUNDING OF FRINGE BENEFITS.........................................6
A.
Administration..............................................................................................................................6
B.
Selection and Funding................................................................................................................... 6
if.
CAFETERIA PLAN...................................................................................................................6
A.
Health Insurance...........................................................................................................................6
B.
Dental Insurance........................................................................................................................... 6
C.
Vision Insurance...........................................................................................................................7
►II.
RETIREE HEALTH SAVINGS PLAN(RHS)........................................................................7
IV.
RETIREE HEALTH..................................................................................................................7
A.
Tier 1 Employees..........................................................................................................................7
B.
Tier 2 Employees..........................................................................................................................
7
V.
RETIREE DENTAL...................................................................................................................8
VI.
SECTION 125 PLAN..................................................................................................................8
VILLIFE
INSURANCE....................................................................................................................8
VIII.
TUITION REIMBURSEMENT PROGRAM..........................................................................8
A.
Maximum Reimbursement............................................................................................................
8
B.
Administrative Policy...................................................................................................................
8
IX.
PERS RETIREMENT BENEFITS...........................................................................................8
A.
Tier 1 Retirement Formula ............................................................................................................
8
B.
Tier 2 Retirement Formula (Classic CalPERS Members) ............................................................
8
C.
Tier 3 Retirement Formula (New CaIPERS Members)................................................................
9
D.
Additional CAPERS Retirement Benefits (All Employees).........................................................
9
X.
PARS SUPPLEMENTAL RETIREMENT PLAN..................................................................9
XI.
MILAGE AND EXPENSE REIMBURSEMENT..................................................................
10
XILMISUSE
OF BENEFITS..........................................................................................................
10
I.
HOURS OF WORK POLICY.................................................................................................
I 1
ILWORK
PERIODS.....................................................................................................................
11
A.
48/96 Work Schedule— Shift Duty.............................................................................................11
B.
4/10 Work Schedule — Non -Shift Duty.......................................................................................11
C.
Overtime.....................................................................................................................................11
III.
ANNUAL SHIFT TRANSFER BID SYSTEM.......................................................................
1 I
ARTICLE4: LEAVE POLICIES..........................................................................................................13
I.
TIME OFF BENEFITS FOR SHIFT EMPLOYEES............................................................
13
II.
HOLIDAYS...............................................................................................................................13
A.
Assistant Fire Chiefs (Shift Employees).....................................................................................13
B.
Assistant Fire Chief / Fire Marshal (Non -Shift Employees).......................................................13
C.
Holiday In -Lieu Bank...............................................................................................................
13
III.
VACATION...............................................................................................................................13
A.
Vacation Leave Earned and Accumulated - Assistant Fire Chiefs (Shift Employees) ...............14
B.
Vacation Leave Earned and Accumulated (Non -Shift Employees)............................................14
C.
Limitation - Vacation Leave Accrual..........................................................................................14
D.
Vacation Leave Cash -Out at Termination...................................................................................15
E.
Vacation Leave Cash -Out for Shift Employees..........................................................................
15
F.
Vacation Leave Cash -Out for Non -Shift Employees (Fire Marshal) ...... ....................................
15
G. Advance Payment for Vacation (Shift Employees)....................................................................16
H. Advance Payment for Vacation (Fire Marshal).......................................................................... 16
I. Vacation Leave - Reinstated/Reemployed Fire Management Employees..................................16
J. One Time Deposit of 24 Hours of Vacation/Comp Time...........................................................16
IV. SICK LEAVE............................................................................................................................ 16
A. Allowance/Accumulation for Shift Employees..........................................................................16
B. Allowance/Accumulation for Non -Shift Employees (Fire Marshal)..........................................16
C. Sick Leave Benefit......................................................................................................................
16
D. Sick Leave Earned......................................................................................................................16
E. Reinstatement of Sick Leave.......................................................................................................17
F. Sick Leave Annual Cash -Out Program (Shift Employees).........................................................
17
G. Sick Leave Annual Cash -Out Program (Non -Shift Employees).................................................17
H. Sick Leave Cash -Out upon Termination.....................................................................................
18
I. Use of Sick Leave.......................................................................................................................18
J. Use of Sick Leave - Care of Immediate Family ..........................................................................
18
K. Temporary Disability..................................................................................................................18
L. Sick Leave Limitations...............................................................................................................19
M. Sick Leave during Vacation........................................................................................................ 19
N. Sick Leave during Recognized Holiday......................................................................................19
O. Use of Sick Leave to Offset Disability Retirement.....................................................................19
V. ADMINISTRATIVE LEAVE.................................................................................................. 19
A. Administrative Leave In -Lieu of Overtime.................................................................................19
B. Additional Administrative Leave................................................................................................ 19
C.
Administrative Leave Policy.......................................................................................................
19
VI.
WORK -RELATED DISABILITY LEAVE............................................................................20
A.
Injury/Illness Arising Out Of and In The Course of Job Duties .................................................
20
B.
Paid Leave During Disability......................................................................................................
20
VIL
BEREAVEMENT LEAVE.......................................................................................................20
Vlll.
MILITARY LEAVE.................................................................................................................20
A. State Military and Veteran's Code.............................................................................................. 20
B. Inactive Military Service............................................................................................................. 20
C. Active Military Service............................................................................................................... 21
IX. JURY DUTY..............................................................................................................................21
A.
Jury Duty Policy.........................................................................................................................
21
B.
Jury Fees Returned to the City....................................................................................................
21
C.
Witness Leave.............................................................................................................................
21
X.
FAMILY CARE LEAVE.........................................................................................................22
A.
Birth or Adoption........................................................................................................................
22
B.
FamilyIllness..............................................................................................................................
22
C.
Use of Paid Leave.......................................................................................................................
22
XI.
SPECIAL LEAVE OF ABSENCE WITH PAY.....................................................................22
XIL
LEAVES OF ABSENCE WITHOUT PAY............................................................................22
A.
Unauthorized Absence - Automatic Termination.......................................................................
22
B.
Unauthorized Absence - Other Disciplinary Action...................................................................23
C.
Authorized Absence....................................................................................................................
23
D.
Leave of Absence without Pay - Duration..................................................................................
23
E.
Leave of Absence - Employee Injured on Job............................................................................
23
F.
Accrual of Benefits.....................................................................................................................
23
XIII.
FAILURE TO RETURN FROM LEAVE..............................................................................23
ARTICLE 5: OTHER CONDITIONS...................................................................................................24
I.
DISCIPLINE - FIREFIGHTER BILL OF RIGHTS............................................................24
If.
GRIEVANCE PROCEDURE..................................................................................................24
III.
DISABILITY DISCRIMINATION.........................................................................................24
IV.
WORKERS' COMPENSATION.............................................................................................24
V.
SAFETY EQUIPMENT...........................................................................................................24
VI.
OTHER PROVISIONS NOT COVERED HERE.................................................................24
VIL
NOTICE OF FUTURE MEET AND CONFER.....................................................................24
VIII.
REOPENER CLAUSE .............................................................................................................25
IX.
RATIFICATION AND IMPLEMENTATION......................................................................25
A.
Acknowledgement......................................................................................................................
25
B.
Mutual Recommendation............................................................................................................
25
C.
Ratification..................................................................................................................................25
D.
Tenn of Memorandum of Understanding...................................................................................
25
EXHIBIT A: FIREFIGHTER BILL OF RIGHTS PROCEDURE.....................................................26
APPENDIX
A-1: SALARY RANGES...................................................................................................29
APPENDIX
A-2: HOLIDAY LEAVE TIME/HOLIDAY PAY...........................................................30
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR TFIE CITY OF WEST COVINA
AND WEST COVINA FIRE MANAGEMENT ASSOCIATION
PREAMBLE
In the interest of maintaining harmonious and stable relationships with the City of West Covina (hereinafter
City) and employees represented by the West Covina Fire Management Association, (hereinafter referred
to as the "Association"), representatives of management for the City and representatives of the Association
have met and conferred in good faith regarding wages, hours, fringe benefits, and other terns and conditions
of employment for employees represented by the Association.
The representatives have reached an understanding as to recommendations to be made to the City Council
for the City of West Covina and have agreed that the parties hereto will jointly urge said Council to adopt
one or more resolutions which will provide for the changes in wages, hours, fringe benefits, and other terms
and conditions of employment contained in these joint recommendations.
1. RECOGNITION/REPRESENTATION UNIT
The City hereby recognizes the West Covina Fire Management Association for the tern of the
Memorandum of Understanding, notwithstanding any ordinance, resolution, rule, or regulation to the
contrary as the majority representative of the employees in the bargaining unit which consists of Assistant
Fire Chiefs subject to the right of an employee to represent himself/herself. The recognition requirements
of Rule XVI, Section 16.3 of the Personnel Rules, City of West Covina, are waived for the tern of this
Memorandum. It is further agreed that during the tern of this Memorandum of Understanding, no class
will be removed from the bargaining unit except upon mutual agreement of the City and Association.
IL SCOPE AND PREVAILING RIGHTS
It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and
economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any
misunderstanding or difference, which may arise, and to set forth herein the basic agreement between the
parties concerning wage, hours and other terms and working conditions of employment.
A. Employee and Employer Rights
The parties hereto agree that this MOU does not in any manner abridge, modify or restrict the rights
and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal
Code. It is understood that said rights and prerogatives of the City include, but are not limited to,
determinations as to the levels of service, manning requirements, work schedules, transfers,
overtime assignments and approval, number and location of work stations, nature of work to be
performed, contracting for any work or operations, employee performance standards, discipline
and discharge, and reasonable work and safety rules and regulations in order to maintain the
efficiency and economy desirable, in the performance of City services. It is further agreed that the
City agrees to meet and confer with the recognized bargaining representatives regarding the impact
of such management decisions on matters within the scope of representation.
B. Maintenance of Benefits
All rights and privileges and working conditions within the scope of representation in effect at the
time of the signing of the agreement and not changed herein, in addition to all rights, privileges and
working conditions provided for in the current Memorandum of Understanding, shall remain in full
force and effect during the term of this agreement unless changed subsequent to completion of
required meet and confer process.
C. Contractine
Should the City consider contracting out any bargaining unit work, it shall notify the Association
of its intent for such work and meet and confer in good faith prior to the implementation if it impacts
wages, benefits or conditions of employment. Absent such impacts, management shall be provided
discretion in entering into agreements with other agencies.
III. SEVERABILITY
It is understood and agreed that this MOU is subject to all present and future federal and state laws and
regulations and the provisions hereof shall be effective and implemented only to the extent permitted by
such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable
provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by a
tribunal of competent jurisdiction, such part of provision shall be suspended and superseded by such
applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall
remain in full force and effect.
ARTICLE 1: SALARIES AND COMPENSATION
1. SALARY ADMINISTRATION
Fire Management salaries shall be administered pursuant to the following:
A. Specific Information in Personnel Rules
Specific detailed information dealing with such subject as salary anniversary dates, increases within
the salary range, salary on appointments and other related types of salary administration issues are
set forth in the City Personnel Rules.
B. Effective Date of Step Increases and Extra Compensation
All step increases and extra compensation shall be made effective at the start of the next regular
pay period, except as otherwise approved by management.
II. FIRE SERVICE LONGEVITY PAY
All sworn Fire Management personnel with continuous years of sworn service with the City of West
Covina shall be provided additional compensation for such continuous service in accordance with the
following:
10 years of service: 2.0% of base salary
15 years of service: 3.0% of base salary
20 years of service: 4.5% of base salary
25 years of service: 7.0% of base salary
All sworn fire personnel hired prior to July 1, 2015 and covered by this agreement shall be allowed to
include in their longevity pay calculation up to 5 years of sworn service earned in other full-time paid fire
suppression positions with a comparable fire agency. A maximum of 5 years of service from comparable
fire agencies shall be allowed.
Longevity pay for fire personnel hired on or after July 1, 2015 shall be based on years of full-time sworn
fire service earned with the West Covina Fire Department. The calculation for longevity pay shall not
include years of sworn fire service earned with other fire agencies.
See Appendix A-1 for the corresponding salary schedule.
III. FIRE OFFICER CERTIFICATION PAY
A. State Fire Officer Certification
Employees shall receive four percent (4%) above base salary for maintaining State Fire Officer
Certification.
B. Executive Fire Officer Program Incentive
Unit members shall receive $100/month upon successful completion of the National Fire
Academy's Executive Fire Officer Program. This is a PERS-able item.
IV. FIRE MARSHAL DIFFERENTIAL PAY
The Fire Management employee assigned to work as the Fire Marshal shall be provided 5% additional
compensation.
V. EDUCATIONAL INCENTIVES
Fire Management Employees shall be eligible for the following educational incentives in the month
following the month in which the degree and/or credential 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 II Certificate
$268/month: Bachelor's Degree
$435/month: Bachelors Degree plus State Firefighter II Certificate
$368/month: Master's Degree
$535/month: Master's Degree plus State Firefighter II 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.
The parties agree that to the extent permitted by law, this is special compensation and shall be reported
as such pursuant to Title 2 CCR, Section 571(a) (2) as Educational Incentive.
VI. BILINGUAL SKILLS PAY
Employees with bilingual skills shall receive one hundred dollars ($100) per month provided they possess
and are using a language skill necessary for effective communication within the community, are assigned
by the Fire Chief and have been certified by 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. Fluman 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. The parties agree that this is special
compensation and shall be reported as such, to the extent legally permissible, pursuant to Title 2 CCR,
Section 571(a)(4) as Bilingual Premium.
VII. UNIFORM ALLOWANCE
The City shall provide a uniform allowance of one thousand dollars ($1,000) per year to each employee.
The parties agree that to the extent permitted by law, this is special compensation and shall be reported
as such pursuant to Title 2 CCR, Section 571(a)(5) as Uniform Allowance for the purchase, rental and/or
maintenance of the required uniforms.
VIII. DEFERRED COMPENSATION
Deferred compensation benefits shall be offered to Fire Management employees as follows:
A. The City shall contribute for each Fire Management unit employee, one hundred and fifty dollars
($150.00) per month to a deferred compensation plan.
B. The employees shall select the deferred compensation plan from a list of plans provided by the
City.
IX. PROMOTION PAY (CAPTAIN TO ASSISTANT FIRE CHIEF)
Employees promoted from Captain to Assistant Fire Chief shall receive a salary that, when combined
with special pays, results in a minimum increase of ten percent (10%) above the total amount of salary
and special pays they received in the Captain position. The calculation of this increase will exclude
deferred compensation, overtime pay, and FLSA pay.
ARTICLE 2: FRINGE BENEFITS
I. ADMINISTRATION AND FUNDING OF FRINGE BENEFITS
Fringe benefits shall be administered pursuant to the following:
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
For the administration of fringe benefit programs involving insurance, the City reserves the right
to select any insurance carrier, self -insure, or use other methods of providing coverage to fund the
benefits provided, as long as the benefits of the plan are substantially the same.
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. CAFETERIA PLAN
Unless otherwise noted, effective July 1, 2014, Medical, Dental and Vision Insurance will be provided as
set forth below for all bargaining unit members: To comply with the Public Employees' Hospital and
Medical Care Act (PEHMCA) the City will contribute the PEHMCA statutory minimum amount for the
provision of medical insurance. In addition, the City will contribute an additional amount for current
bargaining unit members into a cafeteria plan in accordance with IRS Code section 125. Those additional
amounts will be as follows:
A. Health Insurance
An amount that when added to the PEHMCA statutory minimum amount is up to the Kaiser Full
Family premium rate. If an employee chooses a plan that is less than Kaiser Full Family premium
rate (e.g., Blue Shield two party), the amount provided for health insurance through the cafeteria
plan will be the PERS statutory minimum plus the additional amount to pay for Blue shield two-
party premium rate. If an employee chooses a plan that is more than Kaiser Full Family premium
rate (e.g., PERS Care Family), the amount provided for health insurance through the cafeteria plan
will be the PERS statutory minimum plus the additional amount to pay Kaiser Full Family. The
employee would pay the additional amount for the PERS Care Family plan premium through a
payroll deduction.
An employee who selects a single party plan with a monthly premium of less than $600, will receive
the difference between the amount of that premium and $600 in cash. An employee who does not
take the City's health insurance and can demonstrate that he/she has health insurance from another
source will receive $600 per month. Under either of these scenarios, the amount can be received
as cash, placed in the employee's deferred compensation account, or used to purchase dental or
vision insurance above the amounts provided through the cafeteria plan as described in subsequent
items B and C.
B. Dental Insurance
In addition to the above amount, the cafeteria amount shall also include up to $62.23 per month for
dental insurance for the member and eligible dependents. If the monthly premium for the dental
insurance plan chosen by the member is less than $62.23, the amount the City pays shall be equal
to the dental insurance chosen. If the dental insurance plan chosen is equal to or more than $62.23
per month, the amount the City pays shall be $62.23.
C. Vision Insurance
In addition to the above amounts for medical and dental insurance, the cafeteria amount shall also
include up to $40.04 per month for vision insurance for the member and eligible dependents. If the
monthly premium for the vision insurance plan chosen by the member is less than $40.04, the
amount the City pays shall be equal to the vision insurance chosen. If the vision insurance plan
chosen is equal to or more than $40.04 per month, the amount the City pays shall be $40.02.
III. RETIREE HEALTH SAVINGS PLAN (RHS)
Employees will contribute $50 per month to the RHS plan. The RHS plan will be subject to regulatory
and provider regulations.
IV. RETIREE HEALTH
The City contracts with CalPERS for the provision of health insurance. To comply with the Public
Employees' Hospital and Medical Care Act, the City will contribute the PEHMCA statutory minimum
amount for the provision of retiree medical insurance for all retirees in the bargaining unit.
In addition to the provision of the statutory minimum amount for all retirees, to comply with PEHMCA,
the City will provide a retiree longevity stipend to offset the cost of retiree medical benefits as follows:
A. Tier 1 Employees
1. Effective January 1, 2013, for employees hired prior to July 1, 2012 with a minimum of five
years sworn service with the West Covina Fire Department, when they retire from the City,
each month the City will contribute up to one thousand four dollars and eighty cents
($1,004.80) minus the PERS statutory minimum for that year into a qualified Health
Reimbursement Account (HRA). The money placed into the HRA by the City on behalf of
the retiree will be available to be used to purchase health insurance. The City will cover all
administrative costs associated with the HRA and benefits will not be reduced to retirees as a
result of administrative fees/costs. For retirees that do not use PERS Medical, the amount
placed into the HRA will not be reduced by the PERS statutory minimum.
2. Effective January 1, 2013, if the retiree chooses a plan that is less than $1,004.80, the amount
the City will contribute into the HRA per month will be the amount of the plan chosen minus
the PERS statutory minimum for that year. If the retiree chooses a plan that is $1,004.80 or
more, the amount the City will contribute into the HRA per month will be $1,004.80 minus
the PERS statutory minimum for that year. The City will cover all administrative costs
associated with the ERA and benefits will not be reduced to retirees as a result of
administrative fees/costs. For retirees that do not use PERS Medical, the amount placed into
the HRA will not be reduced by the PERS statutory minimum.
3. Employees hired prior to July 1, 2012 with less than five years sworn service with the West
Covina Fire Department are not eligible for the retiree longevity stipend, until they reach five
years of service.
B. Tier 2 Employees
Employees hired on or after July 1, 2012 will not receive the retiree longevity stipend, but like all
retirees of the City, as set forth above, the City will contribute the PERS statutory minimum amount
on the retiree's behalf.
V. RETIREE DENTAL
Upon retirement from the City, unit employees may purchase retiree dental insurance at their own cost.
The City shall bear no cost or make any monetary contribution to the retiree's dental insurance premium.
VI. SECTION 125 PLAN
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.
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 for employees to participate in
the plan.
VII. LIFE INSURANCE
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.
VIII. TUITION REIMBURSEMENT PROGRAM
The City shall provide tuition reimbursement for the cost of tuition and books for job -related courses that
earn college credit and lead to a degree or certification. The provisions of the program are as follows:
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 and provisions of the Tuition Reimbursement Program are set forth in the City's
Administrative Policy for tuition reimbursement, approved on March 10, 2008, and as amended
thereafter.
IX. PERS RETIREMENT BENEFITS
Retirement benefits shall be provided in accordance with the contract between the City and the California
Public Employees' Retirement System (CalPERS). Benefits shall be provided as follows:
A. Tier 1 Retirement Formula
For employees hired on or before July 1, 2012, the retirement formula shall be three percent (3%)
at age fifty (50). The retirement formula shall be based on the one-year final compensation option
pursuant to Government Code 21367.53. Each employee shall pay the full, statutorily required
employee contribution to the CalPERS system. The employee contribution shall be made on a pre-
tax basis.
B. Tier 2 Retirement Formula (Classic CaIPERS Members)
For employees hired after July 1, 2012 and who are determined to be classic CalPERS members,
the retirement formula shall be three percent (3%) at age fifty-five (55). The retirement formula
shall be based on the one-year final compensation option pursuant to Government Code 21367.53.
Each employee shall pay the full, statutorily required employee contribution to the CalPERS
system. The employee contribution shall be made on a pre-tax basis.
C. Tier 3 Retirement Formula (New CalPERS Members)
For employees hired on or after January 1, 2013 and who are determined to be new CalPERS
members, the retirement formula shall be two and seven -tenths percent (2.7%) at age fifty-seven
(57). The retirement formula shall be based on the three-year average final compensation option
pursuant to Government Code Section 20037. Each employee shall pay the full, statutorily required
employee contribution to the CalPERS system. The employee contribution shall be made on a pre-
tax basis.
D. Additional CaIPERS Retirement Benefits (All Employees)
The contract between the City and CAPERS shall provide the following benefits to all Fire
Management employees:
1. Fourth Level of 1959 Survivor Benefits pursuant to Government Code 21574.
2. Service Credit for unused sick leave pursuant to Government Code 20862.8.
3. One-half (1/2) pay continuance pursuant to Government Code 21263. (Post Retirement
Survivor)
4. Retiree death benefit of $600 dollars pursuant to Government Code 21367.53.
5. Military service credit as public service pursuant to Government Code 21024.
6. Continuation of Pre -Retirement Death Benefits after Remarriage of Survivor pursuant to
Government Code 21551.
7. Pre -Retirement Optional Settlement 2 Death Benefit pursuant to Government Code 21548.
X. PARS SUPPLEMENTAL RETIREMENT PLAN
The City will replace the Employer Paid Member Contribution (EPMC) gross up amount that has been
historically reported to CalPERS with a PARS Supplemental retirement plan. This supplemental plan will
make the employees whole in consideration for the loss of the incremental stipend amount due to the
"West Covina Plan" method of calculation no longer being allowable under CAPERS regulations.
The PARS plan will pay a retirement amount for all years of service to those unit employees retiring from
the City based on .89% of total PERS eligible compensation. At the time of retirement, the employee
can make a one-time election to receive either an ongoing monthly stipend or a lump sum amount at the
time of retirement based on an actuarially determined net present value of the annual stipends. The
monthly stipends will contain the same benefit options as the City's PERS plan including 2% annual
COLA's and survivor benefits. This plan will be available to all future retirees, and any past retirees who
retired after July 1, 2004 who can provide documentation to the City that the .89% of compensation was
disallowed by CalPERS in determining their retirement stipend.
The City retains the responsibility to fund this plan with actuarially determined contributions.
New employees hired on or after July 1, 2012, will not be eligible to participate in the benefits provided
in this Section.
XI. MILAGE 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.
XII. 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.
10
ARTICLE 3: WORK PERIODS & SCHEDULES
1. 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 non -represented 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.
IL WORK PERIODS
A. 48/96 Work Schedule— Shift Dutv
1. The 48/96-work schedule is a three -platoon system in which employees work two (2)
consecutive twenty-four (24) hour shifts for a total of forty-eight (48) hours, and have ninety-
six (96) consecutive hours off.
A typical work schedule is as follows: X = work day, and O = day off.
For example, a schedule may read as XXOOOOXXOOOOXXOOOO and so forth.
2. The 48 hour cycle is in reality two (2) 24-hour shifts. Therefore, 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).
3. In the event one shift is scheduled to work both December 24th and December 25th of the
same year, the shift assigned to work on December 23rd will be reassigned to work
December 24th. The shift originally scheduled to work on December 24th will be reassigned
to work December 23rd.
B. 4/10 Work Schedule —Non-Shift Duty
The Fire Management employee assigned to work as the Fire Marshal shall be assigned a 4/10 work
schedule which will consist of a seven (7) day work period of forty (40) hours that begins on Sunday
at 12:00 a.m. and ends on Saturday at 1 L59 p.m., except as modified by management.
C. Overtime
Overtime will only be paid for overtime worked while on shift duty. Overtime will not be paid for
time spent tending to work -related functions that fall outside of the normal work shift (i.e. non -
shift work).
The non -shift Fire Management employee assigned to Fire Marshal duties will only be paid for
overtime if backfilling shift work. In such instances, the computation of the overtime rate will be
based on the fifty-six (56) hour pay scale and it will not include the 5% Fire Marshal Differential
Pay.
III. ANNUAL SHIFT TRANSFER BID SYSTEM
Shift assignments shall be open for bid according to the following provisions:
1. All Assistant Chiefs assigned to shift work shall have the option of bidding for a shift
transfer, which if approved, shall be effective in January of each year.
2. All amoral shift transfer requests shall be submitted to the City via the Fire Chief no later than
1700 hours on December I". Bids submitted after the deadline shall not be considered.
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3. If more than one Fire Management member submits a bid for the same shift, seniority in rank
will be used to determine which member will be awarded the requested shift.
4. In addition to the annual shift transfer request system, any two Assistant Chiefs assigned to
shift work may mutually request to switch shifts at any time during the year with the approval
of the Fire Chief.
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ARTICLE 4: 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 a ten (10) hour day.
II. HOLIDAYS
A. Assistant Fire Chiefs (Shift Employees)
Holidays shall be granted to all shift employees 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. On an annual calendar year basis, employees
can elect to take said time as follows:
1. Holiday Pay = 12 hours (per month)
2. Holiday Leave Time (Comp) = 8 hours/per month (non-PERSable)
Election must be made by December I` of the previous calendar year. See attached Appendix A-
2, Holiday Leave Time/1-loliday Pay Request Form.
B. Assistant Fire Chief / Fire Marshal (Non -Shift Employees)
The City shall recognize the following days as official paid holidays for Fire Management
employees assigned to non -shift work (i.e., Fire Marshal duties):
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*
*If the City closes from December 25' through January I", these holidays will not apply to
the paid time off and holiday in -lieu provisions of this section.
Each recognized holiday granted to non -shift unit employees shall be ten (10) hours of time off
with pay. Any additional time taken off above the ten (10) hours of each paid holiday must be
deducted from the employee's other leaves, such as vacation, floating holiday leave, or
compensatory time.
C. Holiday In -Lieu Bank
For both shift and non -shift Fire Management employees, holiday leave accruals shall be capped
at the same amount the Fire Fighters Association (FFA) agrees to in its FY 14-16 Memorandum of
Understanding with the City.
IIL VACATION
It is the policy of the City that when possible, Fire Management Employee vacations shall be taken
annually in the year earned. The time during the year at which a Fire Management Employee may take
vacation shall be detennined by the Fire Chief, with due regard for the wishes of the Fire Management
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Employee and particular regard for the service needs of the City.
A. Vacation Leave Earned and Accumulated - Assistant Fire Chiefs (Shift Employees)
Usable after 6 months of employment, eligible Assistant Fire Chiefs (shift employees) 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
157-167
9.23
20.00
480
168-179
9.69
21.00
492
180-191
10.15
22.00
504
192+
10.62
23.00
516
*At the completion of 60 months add 60 hours of vacation time.
B. Vacation Leave Earned and Accumulated (Non -Shift Employees)
Usable after 6 months of employment, employees 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
157-167
6.15
13.33
320
168-179
6.46
14.00
328
180-191
6.77
14.67
336
192+
7.08
15.34
344
C. Limitation -Vacation Leave Accrual
Fire Management Employees shall not be allowed to accrue vacation leave beyond the stated
maximums. Exceptions to vacation leave accrual limits shall be made under the following
conditions:
Fire Management Employees called into duty under work urgency orders by management
shall not lose earned vacation leave. 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.
2. Fire Management Employees that have reached the maximum amount of unused vacation
leave, and who are unable to take vacation leave due to work urgency, industrial injury,
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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.
D. Vacation Leave Cash -Out 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 and who is terminating his/her employment, shall be paid for
accrued vacation leave time on the effective date of termination.
E. Vacation Leave Cash -Out for Shift Emplovees
Vacation leave cash -outs for Assistant Fire Chiefs regularly assigned to shift work shall be made
in accordance with the following provisions:
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 tune in any one calendar
year upon filing a written request with the Finance Department five (5) business days prior
to requested date of issuance of the check, upon the 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) business days prior
to requested date of issuance of the check, upon approval of the Fire Chief.
F. Vacation Leave Cash -Out for Non -Shift Employees (Fire Marshal)
Vacation leave cash -outs for Assistant Fire Chiefs regularly assigned to non -shift work shall be
made in accordance with the following provisions:
1. Assistant Fire Chiefs with less than five (5) years of 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 (5) business days prior to
requested date of issuance of the check, upon the approval of the Fire Chief.
2. Assistant Fire Chiefs with five (5) or more years of 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 (5) business
days prior to requested date of issuance of the check, upon the approval of the Fire Chief.
G. Advance Payment for Vacation (Shift Employees)
Any Fire Management Employee regularly assigned shift duty who is authorized to take sixty (60)
or more hours of vacation with pay at one time may apply for the payment of salary in advance for
any pay period occurring during the period of the employee's authorized vacation. The following
conditions shall apply:
1. The application for advanced payment 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.
2. 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.
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H. Advance Payment for Vacation (Fire Marshall
Any Fire Management Employee regularly assigned Fire Marshal duties who is authorized to take
forty (40) or more hours of vacation with pay at one time may apply for the payment of salary in
advance for any pay period occurring during the period of the employee's authorized vacation. The
following conditions shall apply:
1. The application for advanced payment 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.
2. 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.
1. Vacation Leave - Reinstated/Reemployed Fire Management Emplovees
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.
One Time Deposit of 24 Hours of Vacation/Comp Time
Fire Management employees shall be given a one-time deposit of twenty-four (24) hours of
vacation time to be used as compensation. All twenty-four (24) hours must be cashed -out in
December 2015. This one-time deposit is not allowed to be used for time off.
IV. SICK LEAVE
A. Allowance/Accumulation for Shift Employee
Fire Management employees regularly assigned to shift duty 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. Allowance/Accumulation for Non -Shift Employees (Fire Marshal)
Following completion of thirty (30) calendar days of continuous full-time service, Fire
Management employees regularly assigned to non -shift duties shall be credited with eight (8) hours
of sick leave. 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.
C. Sick Leave Benefit
Sick leave shall be administered pursuant to the following conditions:
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.
2. Sick leave maybe used by new Fire Management Employees after thirty (30) calendar days
of employment.
D. Sick Leave Earned
Sick leave shall be earned in accordance with the following:
Shift employees shall accrue twelve (12) hours per month; Non -Shift employees shall
accrue eight (8) hours per month.
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2. Unused sick leave may be accumulated without limit.
E. Reinstatement of Sick Leave
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 tenmination.
F. Sick Leave Annual Cash -Out Program (Shift Employees)
The Sick Leave Annual Cash -Out Program for Fire Management employees regularly assigned to
shift duty 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. Qualified sick leave shall only be cashed out at the employee's hourly rate.
3. The maximum amount of sick leave allowed to be cashed -out per calendar year (i.e.,
January 1 — December 31) shall be eighty (80) hours.
4. Mandatory sick leave carry-over. On a calendar year basis, each Fire Management
employee must carry over a minimum of sixty-four (64) hours of unused sick leave from
December to January. Shift employees may request cash payment for any unused hours
above the sixty-four (64) hour minimum during this time. Unused hours above the sixty-
four (64) hour minimum in December of each calendar year may also be carried over to
the January sick leave bank (i.e., the following calendar year's sick leave bank).
5. Sick leave used by a Fire Management Employee during each calendar year will be charged
against the Fire Management Employee's current year earnings.
6. If sixty-four (64) hours of unused sick leave are not available in December of each calendar
year, the number of unused hours must be carried over to the sick leave bank for the
following calendar year.
7. To qualify for this program, Fire Management Employees shall not be allowed to charge
sick leave to other forms of paid leave.
G. Sick Leave Annual Cash -Out Program (Non -Shift Employees)
The Sick Leave Annual Payoff Program for Fire Management employees regularly assigned to
non -shift work 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. Qualified sick leave shall only be cashed out at the employee's hourly rate.
3. The maximum amount of sick leave allowed to be cashed -out per calendar year (i.e.,
January 1 — December 31) shall be forty (40) hours.
4. Mandatory sick leave carry-over. On a calendar year basis, each non -shift Fire
Management employee must carry over a minimum of fifty-six (56) hours of unused sick
leave from December to January. Non -Shift employees may request cash payment for any
unused hours above the fifty-six (56) hour minimum during this time. Unused hours above
17
the fifty-six (56) hour minimum in December of each calendar year may also be carried
over to the January sick leave bank (i.e., the following calendar year's sick leave bank).
5. Sick leave used by a Fire Management Employee during each calendar year will be charged
against the Fire Management Employee's current year earnings.
6. If fifty-six (56) hours of unused sick leave are not available in December of each calendar
year, the number of unused hours must be carried over to the sick leave bank for the
following calendar year.
7. To qualify for this program, Fire Management Employees shall not be allowed to charge
sick leave to other forms of paid leave.
H. Sick Leave Cash -Out 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.
1. Use of Sick Leave
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. The
following conditions may apply:
1. 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 three (3) 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.
2. 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.
J. Use of Sick Leave - Care of Immediate Family
Use of sick leave for the care of immediate family shall be restricted to the following:
I. No more than seventy-two (72) hours for Assistant Fire Chiefs (shift employees), 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, as spouse, parent, grandparent, brother, sister, child, stepchild,
grandchild, and in-laws.
K. Temporary Disability
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 of his/her full salary. When his/her accumulated sick leave, or
vacation, or both are exhausted, he/she is still entitled to receive disability indemnity.
In
L. 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.
M. Sick Leave during 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.
N. Sick Leave during Recognized Holiday
For non -shift Fire Management employees, paid holidays that occur while out on sick leave shall
not be charged to the non -shift employee's sick leave bank.
O. 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 perforni the duties of his/her or
an alternate position.
V. ADMINISTRATIVE LEAVE
Beginning on January I, 2015, all Fire Management employees shall earn a minimum of sixty (60) hours
per year of administrative leave. The annual provision of administrative leave shall be effectively
deposited in each unit employees' leave bank on January I" of each year.
A. Administrative Leave In -Lieu of Overtime
In -Lieu of overtime, administrative leave shall be provided to unit employees to compensate for
non -payable time spent tending to work -related functions that fall outside of the normal scope of
duties and work shift. Assistant Fire Chiefs will no longer be paid overtime for attending trainings,
meetings, and other work -related functions that fall outside of the normal work shift. The Fire
Chief may make exceptions to this overtime rule.
B. Additional Administrative Leave
On an annual basis, additional administrative leave may be granted by the Department Head (Fire
Chief). Additional administrative leave shall be calculated at the rate of twenty-five percent (25%)
of the employee's annual earned vacation rate as of January I` of each year. The Fire Chief shall
determine the warrant of additional administrative leave and such leave is subject to the final
approval of the City Manager.
C. Administrative Leave Policy
The specific details and provisions governing the application of administrative leave are set forth
in the City's Administrative Leave Policy, approved on October 1, 1996, and as amended thereafter.
19
VI. WORK -RELATED DISABILITY LEAVE
A. Injury/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 Labor Code 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 Fire Department, 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.
VII. BEREAVEMENT LEAVE
Fire Management employees shall be granted bereavement leave in the event of the death of an immediate
family member. Bereavement leave shall be provided according to the following:
1. Fire Management employees regularly assigned to shift work shall be allowed up to
seventy-two (72) hours of bereavement leave, per each occurrence.
2. Fire Management employees regularly assigned to non -shift work shall be allowed up to
forty (40) hours of bereavement leave, per each occurrence.
3. Immediate family member is defined as a grandparent, parent, spouse, brother, sister, child,
stepchild, grandchild, or in-law. Proof of immediate family relationship may be required
for approval.
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-
B. Inactive Military Service
I. Any Fire Management employee that 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
1. 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 United
States for such service and the gross wages that said Fire Management employee would
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.
3. 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 section 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.
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 forjury 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 Citv
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 Fire Chief. The employee
shall remit to the City Treasurer all fees received except mileage.
C. Witness Leave
A Fire Management 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.
21
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.
B. Family Illness
Leaves due to serious health condition of a child, spouse, parent or registered domestic partner 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, or 12945.2 of the California Government Code. California law shall prevail unless
preempted by federal law.
C. Use of Paid Leave
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.
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.
XIL LEAVES OF ABSENCE WITHOUT PAY
A. 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 have automatically terminated
his/her employment with the City, unless such leave is extended as approved by the Fire Chief for
mitigating circumstances.
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B. Unauthorized Absence - Other Disciplinary Action
Any unauthorized absence may be cause for disciplinary action.
C. Authorized Absence
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.
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 Fay - Duration
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. The approval and duration of leave without pay shall be conditioned on the
following:
1. The Fire Chief may approve the requests for leave of absence without pay if requests are
for one hundred twenty (120) calendar days or less.
2. The City Manager may approve requests of more than one hundred twenty (120) calendar
days, not to exceed one (1) full year.
3. The City Manager may later, due to mitigating circumstances, extend such leave of absence
without pay for one (1) additional full year.
4. 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.
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 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 days taken.
X11I. FAILURE TO RETURN FROM LEAVE
Failure of a Fire Management employee to return to his/her employment upon the termination of any
authorized leave of absence shall constitute an automatic termination of said Fire Management employee,
unless such leave is extended. The City further reserves the right to revoke or cancel any authorized leave
for reasons which the City finds to be sufficient.
FAI
ARTICLE 5: OTHER CONDITIONS
L DISCIPLINE - FIREFIGHTER BILL OF RIGHTS
Personnel rules XIV, Section 14.4 is hereby set forth in the attached Exhibit A, and amended thereafter.
II. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, "Grievance and Complaint Procedure."
III. DISABILITY DISCRIMINATION
The City's policy shall be to snake such efforts as are consistent with federal and state laws to place
physically or mentally disabled employees in such positions that can be made available in the City service
where their disabilities will not affect the performance of their duties. This policy will extend to all terms,
conditions and privileges of employment.
The Americans with Disabilities Act (ADA) requires accommodation for individuals on a case -by -case
basis. Prior to the City providing an accommodation on a case -by -case basis, which would be contrary
to negotiated agreements, the City shall provide written notice of intent to disregard provisions and shall
meet and confer over options prior to implementation.
The City has a legal obligation to meet with individual employees as necessary to discuss possible
accommodation before any adjustments are made to working conditions. The Association shall be
notified prior to the implementation of proposed accommodations by the City, which affects an employee
or group of employees within their respective bargaining unit. Accommodations provided to an
individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence
of past practice in any grievance process.
No employee shall hold any position in a class where such individual poses a risk to the health or safety
of the individual or others.
IV. WORKERS' COMPENSATION
The City will recognize applicable current Workers' Compensation Law.
V. SAFETY EQUIPMENT
The City agrees to furnish or otherwise provide all safety equipment for each fire safety employee as may
be required by law, judicial mandate, or administrative regulation.
VI. OTHER PROVISIONS NOT COVERED HERE
It is understood that all other items relating to employee salaries and benefits not covered in this MOU,
are covered by existing ordinances, resolutions, and policies of the City Council, as well as the Personnel
Rules and Regulations presently in effect.
VIL NOTICE OF FUTURE MEET AND CONFER
If the Association desires to meet and confer with representatives of the City of West Covina concerning
improvements or changes in wages, hours, or other conditions of employment for the employee members
represented by the Association, which would take effect on or after July 1, 2016, the Association shall
serve upon the City Manager a written request to meet and confer.
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VIII. REOPENER CLAUSE
In the event that the City agrees'to a more lucrative total compensation package for the Fire Fighters
Association, this agreement will be reopened for negotiations with the Fire Management Association.
IX. RATIFICATION AND IMPLEMENTATION
A. Acknowleduement
The City and Association acknowledge that this Memorandum of Understanding shall not be in full
force and effect until ratified by those Association members voting who are in classifications
represented by the Association set forth in this Agreement and adopted in the fore of a resolution
by the City Council.
B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to the City council,
that one or more ordinances and/or resolutions be adopted accepting its provisions and effecting
the changes enumerated herein relating to wages, hours, fringe benefits, and other terms and
conditions of employment for unit employees represented by the Association.
C. Ratification
Subject to the foregoing, this Memorandum of Understanding, is hereby ratified by the authorized
representatives of the City'and the Association and entered into on this IS' day of August 2015.
D. Term of Memorandum of Understandine
The tern of this Memorandum of Understanding shall be for a period of twenty-four months,
commencing on July I, 2014, and terminating after June 30, 2016.
WEST COVINA FIRE MANAGEMENT
ASSOCIATION
ao
Bart Brewer, Chief Negotiator
�ujs—"%
Mike Fountain, President
n cD nott, Vice President
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CITY OF WEST COVINA
C207e
Chris Freeland, Chief Negotiator
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C'Trrista Buhagiar, Finance Director
Tom Bokosky, Human Resourc Director
EXHIBIT A: FIREFIGHTER BILL OF RIGHTS PROCEDURE
The following appeals procedures are adopted pursuant to Government Code § 3254.5 of the Firefighters
Procedural Bill of Rights Act.
1. DEFINITIONS
a. The tenn "firefighter" means an employee who is considered a "firefighter" under Government
Code § 3251(a) except for the Fire Chief who is identified as such. The classifications of
employees who are firefighters include: Firefighters, Firefighter/Paramedics, Fire Engineers,
Fire Captains and Assistant Fire Chiefs.
b. The tern "punitive action" means any action defined by Government Code § 3251(c), i.e., "any
action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand,
or transfer for purposes of punishment."
2. APPEAL OF A PUNITIVE ACTION NOT INVOLVING DISCHARGE DEMOTION OR
SUSPENSION OF A FIREFIGHTER FOR MORE THAN FIVE (5) SHIFTS/DAYS
Pursuant to Government Code § 11445.20, the following informal hearing procedure shall be
utilized for an appeal by a firefighter of a punitive action not involving a discharge, demotion or a
suspension greater than five (5) shifts/days.
a. Notice of Appeal- Within five (5) calendar days of receipt by a firefighter of notification of
punitive action as set forth above, the firefighter shall notify the Fire Chief in writing of the
firefighters intent to appeal the punitive action. The notice of appeal shall specify the action
being appealed and the substantive and procedural grounds for the appeal.
b. Presiding Officer- In an informal hearing, the Fire Chief or his/her designee shall be the
presiding officer. The Fire Chief or his/her designee shall conduct the informal hearing in
accordance with these procedures. The determination of the Fire Chief shall be final and
binding. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice
or interest as defined by Government Code § 1 1425.40, then the City Manager or his/her
designee shall serve as the Presiding Officer. In such cases, the deterniination of the City
Manager shall be final and binding.
c. Burden of Proof- The employer shall bear the burden of proof at the hearing
i. If the action being appealed does not involve allegations of misconduct by the employer,
the limited purpose of the hearing shall be to provide the officer the opportunity to establish
a record of the circumstances surrounding the action.
The Department's burden of proof shall be satisfied if the Department establishes by a
preponderance of the evidence that the action was reasonable. The Department's burden of
proof may be satisfied even though reasonable persons may disagree about the
appropriateness of the action.
ii. However, if the punitive action involves charges of misconduct, the Department shall have
the burden of proving by a preponderance of the evidence the facts, which form the basis
for the charge and that the punitive action was reasonable under the circumstances.
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d. Conduct of Hearing -
The formal rules of evidence do not apply, although the Presiding Officer shall have
discretion to exclude evidence, which is incompetent, irrelevant or cumulative, or the
presentation of which will otherwise consume undue time.
ii. The parties may present opening statements.
iii' The parties may present evidence through documents and testimony.
as Witnesses shall testify under oath.
bb Subpoenas may be issued pursuant to Government Code §§ 11450.05- 11450.50.
cc Unless the punitive action involves a loss of compensation, the parties shall not be
entitled to confront and cross-examine witnesses.
iv. Following the presentation of evidence, if any, the parties may submit oral and/or written
closing arguments for consideration by the hearing officer.
e. Recording of the Hearing- If the punitive action involves the loss of compensation, then the
hearing shall be recorded by stenograph by a certified court reporter. Otherwise, the hearing
may be tape recorded. The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be home by the party requesting the
transcript.
Representation- The firefighter may be represented by an association representative or attorney
of his or her choice at all stages of the proceedings. All costs associated with such
representation shall be borne by the firefighter.
g. Decision- The decision shall be in writing pursuant to Government Code §11425.50. The
decision shall be served by first class mail, postage pre -paid, upon the firefighter as well as
his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing,
and shall advise the firefighter that the time within which judicial review of the decision may
be sought is governed by Code of Civil Procedure § 1094.6.
3. APPEAL OF A DISCIPLINARY DECISION INVOLVING DISCHARGE, DEMOTION OR
SUSPENSION OF A FIREFIGHTER FOR MORE THAN FIVE (5) SHIFTSMAYS
a. In those instances where the procedures in Government Code §§ 11400, et seq. are inapplicable
to an administrative appeal, the administrative appeal shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California
Government Code.
b. Notice of Discipline as Accusation- The final notice of discipline which may be issued at the
conclusion of any pre -disciplinary procedures shall serve as the Accusation as described in
Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with
the requirements of Government Code §§ 11500, et seq.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City has determined
that appeals shall continue to be heard by the Human Resources Commission with the
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administrative law judge presiding at the hearing, pursuant to Government Code § 1 1512(b).
The administrative lawjudge shall rule on the admission and exclusion of evidence and advise
the Human Resources Commission on matters of law. The Human Resources Commission shall
exercise all other powers relating to the conduct of the hearing.
d. Time and Place of Hearing- Pursuant to Government Code § 11508, unless otherwise decided
by the Hunan Resources Commission, a hearing shall be conducted at West Covina City Hall
at a time to be determined by the Human Resources Commission.
e. Notice of the Hearing- Notice of the hearing shall be provided to the parties pursuant to
Government Code § 11509.
f. The Human Resources Commission (known formerly as, and sometimes referred to as, the
Personnel Commission) may recommend to sustain or modify the disciplinary action taken
when it appears in the record that there was a substantial violation or omission of procedure or
where the specific evidence produced in the hearing warrants such recommendation. In all
instances, the Human Resources Commission shall certify copies of its findings and
recommendations to the City Manager, and to the appellant employee. The City Manager, shall
then affirm, revoke or modify the original action taken. Such affirmation, revocation, or
modification taken shall be final. Judicial review of the City Manager's decision may be had
pursuant to Government Code § 11523.
U-11
APPENDIX A-1: SALARY RANGES
CITY OF WEST COVINA
FIRE MANAGEMENT ASSOCIATION
EMPLOYEE CLASSIFICATIONS AND SALARY RANGES
EFFECTIVE JANUARY 1, 2012
Salary Range
FM 275 Assistant Fire Chief $ 103,872 annually $ 140,268 annually
$ 8,656 monthly $ 11,689 monthly
FIeI
APPENDIX A-2: HOLIDAY LEAVE TIME/IiOLIDAY PAY
- Request Form -
Employee
Indicate your preference for Holiday Leave time to be ether credited to your Holiday Leave Time record
as 8 hours per month or payment of 12 hours of Holiday Pay per month. Holiday Pay is paid at straight
time, but is subject to PERS.
Return this form to your Payroll Timekeeper no later than December Ist of the prior year to which the
leave will be taken.
THIS SELECTION CANNOT BE CHANGED ONCE IT IS MADE
I ELECT:
❑ Holiday Pay
❑ Holiday Leave Time
Employee Signature
Date
Z: Forms Holiday Comp Time Holiday Pay Request Form - Fire
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