RES-9977 Memorandum of Understanding Orange Fire Management AssociationI
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RESOLUTION NO. 9977
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING RESOLUTION NO.
9977 AND REPEALING RESOLUTION NO. 9388
IMPLEMENTING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE ORANGE FIRE MANAGEMENT
ASSOCIATION CONCERNING WAGES, HOURS,
AND OTHER CONDITIONS OF EMPLOYMENT FOR
THE PERIOD OF MARCH 1, 2005, THROUGH AND
INCLUDING FEBRUARY 29, 2008.
WHEREAS, the City of Orange (hereafter CITY) and the Orange City Fire Management
Association (hereafter Association) have met and conferred in accordance with the requirements of the
Meyers-Milias-Brown
Act; and WHEREAS, the CITY and the Association have reached agreement on wages, hours,
and other conditions of employment for the period of March 1,2005 through February 29,2008 and
have repealed Resolution No. 9388 and amendments thereto for said employees as more particularly set forth
in the Memorandum of Understanding attached
thereto; and WHEREAS, on May 10, 2005, the City Council of the City of Orange adopted
Resolution No.9955 a Resolution of the City Council of the City of Orange Establishing a Letter
of Understanding Between the City of Orange and the Orange Fire Management Association Effective March
1, 2005 through February 29,
2008; and WHEREAS, the City and the Association agreed to incorporate the proyisions contained
in the Letter of Understanding noted above into a new Memorandum of Understanding once both
parties had an opportunity to review and concur on any and all language changes included in the
new Memorandum
of Understanding;NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the attached Memorandum of Understanding is approved and incorporated by reference as Exhibit "
A", as fully set
forth herein.ADOPTED this 14th day of
June, 2005.Mark . Murphy, Ma)j r, ity
ATTEST: '
Clerk, City e
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certifY that the
foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a
regular meeting thereof held on the 14th day of June, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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Exhibit "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
MARCH 1,2005 THROUGH FEBRUARY 29, 2008
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
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TABLE OF CONTENTS
Article Page
Number Title of Article Number
I Recognition I
II Non-Discrimination
I III Salaries (Basic Compensation Plan, Merit
Advancements,Promotion, Probationary Period, Assignment Pay)
I IV Work Week - Work Schedule 4
V Overtime, Call Back Pay, Shift Exchange 5
VI Insurance Programs 7
VII Educational Reimbursement, Professional Development, and 8
Incentive Programs
VIII Uniforms 10
IX Holidays 10
X Vacation 11
XI Other Leaves of Absence (Leave without Pay, Jury Duty, 12
Military Leave, Sick Leave, Bereavement Leave, Industrial
Illness or Injury)
XII Retirement 16
I XIII Travel Expense Allowed 17
XIV Safety Standards 18
XV No Strike - No Lockout 19 XVI
City Rights 20
Article Page
Number Title of Article Number
XVII Discipline & Discharge: Rules & Regulations 21
I XVIII Probationary Period (New Employees) 22
XIX Payroll Deductions 22
XX Grievance - Procedure 22 XXI
Scope and Application 23 XXII
Term of Memorandum of Understanding 24 XXIII
Waiver of Bargaining During Term of Agreement 24 XXIV
Ratification and Execution 24 Appendix "
A" Monthly Salary Ranges 26 Appendix "
B" Vacation Benefits - Schedule I 28 Appendix "B"
Vacation Benefits - Schedule 2 29 I 11
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Article I
RECOGNITION
SECTION 1.1. Pursuant to the proyisions of the Employer-Employee Relations Resolution
No.3611 of the City of Orange, the City of Orange (hereinafter called the City), for the purpose
of meeting its obligations under the Meyers-Milias-Brown Act (goyernment Code
Section 3500 et.seq.), Employee Relations Resolution No. 3611 and this Agreement, has
recognjzed the Orange City Fire Management Association (hereinafter called the Association)
as the majority representatiye of the management employee classifications of the Fire Department as
set forth
in Appendix
A.
Article II NON-DISCRIMINATION SECTION 2.1. The parties mutually recognjze and agree to protect the
rights of all employees hereby to join and/or participate in protected Association activities or to
refrain from joining or participating in protected activities in accordance
with the Employer-Employee Relations Resolution and Government
Code Section 3500 et. seq.SECTION 2.2. The City and the Association agree that they
shall not discriminate against any employee because of race, color, sex, age, national origin,
political or religious opinions or affiliations. The City and the Association shall reopen any provision
of this Agreement for the purpose of complying with any order of a federal or state
agency or court of competent jurisdiction requiring a modification or change in any provision
or provisions of this Agreement in compliance with
state or federal anti-discrimination laws.SECTION 2.3. Throughout this Memorandum of
Understanding the masculine gender shall be used, it shall
be understood
to
include feminine gender.Article III SALARIES SECTION 3.1. Basic Compensation Plan. A Schedule
of job classifications together with salary rate ranges is set forth in Appendix "A" and attached hereto.
Said salary
rates
SECTION 3.2. Hourly Rate.
A. Suppression Personnel. For all employees who have a weekly work schedule of 55.9
hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided by
2906 annual hours.
B. All Other Personnel. For all employees who have a regular weekly work schedule of
40 hours, the equivalent hourly rate of pay shall be the monthly rate times 12 divided
by 2080 annual hours.
SECTION 3.3. Beginning Rates. The Personnel Director shall start new Battalion Chiefs at "C"
Step, with a minimum I year reyiew to "D" Step, I year review to "E" Step, and I year review to
F" Step. However, on the request of the Fire Chief under whom the employee will serve, and
with authorization of the Personnel Director, such employee, upon appointment to a Battalion
Chief position, may be placed in Step "D", "E" or "F", depending upon the employee's
qualifications.
A. Temporary Promotion to Fire Battalion Chief. Employees appointed to a temporary
Fire Battalion Chief position shall receive beginning rates as described in Section 3.3
above.
SECTION 3.4. Service. The word service, as used in this Agreement, shall be defined to mean
continuous, full-time service in his present classification, service in a higher classification,
or service in a classification allocated to the same salary range and having generally similar
duties and requirements. A lapse of service by any employee for a period of time longer than thirty (
30)calendar days by reason of resignation or discharge, shall serve to eliminate the
accumulated length of service of such employees for the purpose of this Agreement. Such employees
re-entering the service of the City, shall be considered as a new employee, except that he may be
re-employed within one (1) calendar year and placed in the same salary step in the
appropriate compensation range as he was at the time of the termination of
employment.SECTION3.5. Advancement within Schedule. The following regulations shall govern
salary advancements within
ranges:A. Merit Advancements. An employee shall be considered for advancement through
the salary ranges upon completion of the minimum length of service as specified
in Section 3.5 (C.3)
below.B. Advancement through the salary range may be granted only for
continuous,meritorious and efficient service, and continued improvement by the employee in
the effectiye performance of his
duties.C. A merit increase shall become effectiye on the first day of the pay period
following completion of the length of service required for such advancement. Such
merit advancement shall require the
following:
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I) The Fire Chief shall file with the Personnel Director a Personnel
Action Form and a completed Performance Eyaluation form
recommending the granting or denial of the merit increase and
supporting such recommendation with specific reasons therefore. A
disapproyal from the Personnel Director, together with the reasons
therefore, shall be returned to the Fire Chief.
2) The recommendation of the Fire Chief and the approval of the
Personnel Director shall be forwarded to the Payroll Division of the
Finance Department for change of payroll status.
3) Advancement through the pay range step "c" through step "F" shall
occur in yearly increments.
D. Special Merit Adyancement. When an employee demonstrates exceptional ability and
proficiency in the performance of his duties, the Fire Chief may recommend to the
Personnel Director that said employee be adyanced to a higher pay step without
regard to the minimum length of service proyisions contained in this Agreement. The
Personnel Director may, on the basis of the Fire Chiefs recommendation, approve and
effect such an advancement.
E. Length of Service ReQuired When Advancement is Denied. When an employee has
not been approved for advancement to the higher salary step, he may be reconsidered
for such advancement at any subsequent time. This reconsideration shall follow the
same steps and shall be subj ect to the same action as provided in the above paragraph
of this section.
SECTION 3.6. Promotion and Probationary Period.
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A. fullilry. When an employee is promoted to a position in a higher classification, he may
be assigned to Step "A" in the appropriate range for the higher classification;
proyided, however, that if such employee is already being paid at a rate equal to or
higher than Step "A", he may be placed in that appropriate salary range as will grant
him an increase of at least one (1) salary step. At the discretion of the 'Fire Chief and
the Personnel Director, an employee may be granted a two or three salary step
increase upon promotion.
B. Probationary Period. An employee who is promoted to a class shall serve a
probationary period during which he shall have an opportunity to demonstrate
suitability for the job. The probationary period shall be twenty-six (26) pay
periods from the date of promotion or date of hire for lateral appointments. For good
cause,with the approval of the Personnel Director, the Fire Chief may extend
such probationary period up to an additional six months. The employee shall attain
regular status in the class upon successful completion of the probationary period.
An
employee who does not satisfY the standards of the class during the probationary
period, shall be notified, in writing. Such notice, if the employee has achieved regular
status, shall include the reasons for such action. If regular status to the class is not
achieved, such employee shall be demoted to the appropriate step in his former
classification unless the reasons warrant termination from City employment.
C. Probationary Period for Temporary Fire Battalion Chief. The probationary period for
employees appointed to the position of Temporary Fire Battalion Chief shall be
twenty six (26) pay periods from the date of the temporary promotion. If there is a
break in serving as a Temporary Fire Battalion Chief which is more than twenty six
26) pay periods from the date of the temporary promotion, than the probationary
period starts over. If there is a break in serving as a Temporary Fire Battalion Chief
which is less than twenty six (26) pay periods from the date of the temporary
promotion, than all time served during the probationary period will count toward the
probationary period.
SECTION 3.7. Demotion. If, pursuant to the proyisions of this Memorandum of Understanding,
an employee is demoted to a position in a lower classification, the new salary rate shall be fixed
in the appropriate salary range for the lower classification, in accordance with the following
prOY1Slons:
1) Salary rates shall be reduced by at least one (I) step, and
2) The new salary rate must be within the salary range for the
classification to which demoted.
SECTION 3.8. Assignment Pay. Fire Battalion Chiefs assigned as Division Chiefs by the Fire
Chief shall receive a twelve (12%) percent salary increase over the base pay of the Battalion
Chief position. Effective December 25, 2005, this twelve (12%) percent shall increase to
fourteen (14%) percent. Effective December 24,2006, this fourteen (14%) percent shall increase
to sixteen (16%) percent. Fire Battalion Chiefs assigned to Training shall receive a nine (9%)
percent salary increase above the Fire Battalion Chiefs base pay. All special assignments shall
be made or reyoked at the discretion of the Fire Chief.
Article IV
WORK WEEK - WORK SCHEDULE SECTION
4.1. Suppression Personnel. Fire slIppression personnel will work an ayerage work week
of 55.9 hours.SECTION
4.2. All Other Personnel. The regular work week for all other personnel shall continue
to consist of 40 hours, four (4), ten (10) hour days.4
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SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule
consisting of twenty-four (24) hour shifts commencing at 7:00 a.m. shall continue in
effect.SECTION4.4. The work cycle for sworn Fire Department suppression personnel will be
nine 9) days within a twenty seyen (27) day work
period.Article
V OVERTIME. CALL BACK PAY. SHIFf
EXCHANGE COMPENSATORY
OVERTIME SECTION 5.1. Compensatory time shall be paid as
follows:A. For fire suppression employees having an ayerage work week of 55.9
hours,compensatory time shall accumulate at the premium rate of one and one-half (
I Yz)hours of compensatory time for each one (I) hour of overtime actually
worked in excess of the employee's regularly scheduled working hours for a 27 -day
work cycle.B. For employees having an average work week of forty (40) hours,
compensatory time shall be accumulated at the premium rate of one and one-half (1
Yz) hours of compensatory time for each one (I) hour of oyertime actually
worked during the employee's
regnlar work week.C. Only time actually worked shall count in the computation of overtime,
except for call back in accordance
with this Article.D. Compensatory time for overtime will be accumulated in
one-quarter (\4) hour increments. Where an employee works less than one-quarter (\
4) hour per day of oyertime, the employee shall not receiye compensatory time
for overtime of less than one-quarter (\4) hour per day work. In order to
be entitled to compensatory time, such compensatory time must be authorized by
the Fire Chief or authorized agent.Effectiye January 1, 2001, all
compensatory time, except holiday compensatory time,shall be subject to a 240 hour cap at any
given time. Any compensatory time accrued oyer 240 hours shall be automatically paid
in the following pay period. Accumulated compensatory time not taken off in the calendar year in
which it was earned may be carried over to the next year up to a maximum
of eighty (80) hours. Any accumulated compensatory time carried over to a succeeding calendar
year must be used during the calendar year or it shall be automatically paid on the
first pay
period of the new calendar year.E. Upon promotion to Battalion Chief, the City shall
pay 100% of all prior compensatory time earned at the Fire Captain
salary
SECTION 5.2. Payment upon Termination. Employees shall be entitled to receive payment for
all accumulated compensatory time upon their termination.
SECTION 5.3. Usage of Compensatory Time Preyiously Earned. Accumulated compensatory
time off may be taken by an employee upon reasonable notice and prior apprOYal of the Fire
Chief.
SECTION 5.4. In any instance inyolving use of a fraction of a day's compensatory time, the
minimum charge to the employee's compensatory time account shall be one-quarter (\I.)
hour.SECTION 5.5. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at
the regular rate of payor equal time off, when authorized by the Fire Chief or authorized
agent.A. Oyertime shall be paid at the regular rate of pay and paid during the pay period
in which it was earned. For personnel haying an ayerage work week of 55.9
hours,premium" pay shall be calculated at one-half (1/2) the employee's regular rate
of pay for actual hours worked in excess of 204 hours during a 27 day work
cycle. Hours eligible for "premium" pay shall equal regular hours, plus oyertime
hours worked,minus leaye time (sick leaye, yacation, compensatory time off),
minus 204.Premium" pay shall be paid in the pay period following the end of the 27
day cycle.Compensatory time may be accrued in lieu of receiving pay for those hours
eligible for
premium" pay.B. For personnel haying an average work week of forty (40) hours, "premium"
pay shall be calculated at one-half (1/2) the employee's regular rate of pay for
the actual hours worked in excess of forty (40) hours in a 7 day work week.
Hours eligible for premium" pay shall equal regular hours plus oyertime hours
worked minus leaye time (sick leave, yacation, compensatory time off), minus forty (
40). "Premium" pay shall be paid in the pay period in which it was earned. Compensatory
time may be accrued in lieu of receiving pay for those hours eligible
for "premium" pay.SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the
City to require any employee to
perform overtime work.SECTION 5.
7. CALLBACK PAY.A. When a fire suppression employee is required to report back to
work after completing a normal work shift, and having leftCity premises and/or work
locations, the fire suppression employee shall receive a minimum of 2.8 hours of
compensatory time as call back pay. Forty (40) hour personnel will receiye two (2)
hours minimum as compensatory time for call back pay. Call back compensatory time shall
be paid at the premium (time and one-half) rate of payor equal time off,
when authorized by the Fire
Chief
B. During times of disaster, when so proclaimed by the Mayor of the City, oyertime for
all fire personnel shall be computed as though the fire personnel worked a forty (40)
hour week.
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SECTION 5.8. SHIFT EXCHANGE.
A. Employees shall haye the right to exchange shifts when the change does not interfere
with the operation of the Fire Department, except in the case of emergency. No
obligation shall accrue to the City as a result of the operation of this provision.
B. It shall be the responsibility of the individual who has agreed to work to report for
duty or, if unable to report for duty, make arrangements for his replacement. In the
event he is unable to find a replacement, the City may hire an overtime replacement
and charge the yacation or compensatory time of the indiyiduaI who was unable to
report for duty.
Article VI
INSURANCE PROGRAMS
SECTION 6.1. Health Insurance.
A. The City shall contract with PERS (public Employees' Retirement System) to make
ayailable those health insurance benefits provided under the Public Employees'
Medical and Hospital Care Act (pEMHCA).
B. The City shall contribute toward the payment of premiums under the PERS Health
Benefits Plan to each eligible retiree annuitant ofPERS to the.extent required by law,
a contribution of $48.40 per month. Effective January 1, 2006 this shall be increased
to $64.60 per month. Effective January 1, 2007, this shall be increased to $80.80 per
month. Effectiye January 1, 2008, this shall be increased to $97.00 per month.
C. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan
for active full-time and part-time eligible employees and pay the following
amounts to provide funds for optional dental plans, vision plans, health plans,
or
miscellaneous pay:I
Monthly Contributions
Effective Dates March
1, 2005 March
I, 2006 March
1, 2007 If
Covered by
City Insurance
875.00
919.00
965.00 If
Waiving
City Insurance
859.00
903.00
949.
D. Any amounts in excess of the amounts designated in Section C necessary to maintain
benefits under any benefits plan selected by the employee shall be borne solely by the
employee.
E. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled in the same agency or enrolled in an agency with PERS health, unless the
employee (or the spouse) is enrolled without being covered as a family member.
Additionally, an employee may choose to not be enrolled in the Health Benefits Plan.
If an employee chooses not to be enrolled in a health plan, the employee must provide
proof, as determined by the Personnel Director, that comparable medical insurance is
in full force and effect. Based upon determination that insurance is in full force and
effect, eligible employees shall receiye the monthly contribution as described in
section C noted under "If Waiying City Insurance" above toward the Flexible Benefits
Plan. In the eyent the employee loses eligibility (with documentation), the employee
may enroll in the PERS Health Benefits Plan pursuant to their rules and regulations.
SECTION 6.2. Life Insurance. The City shall contribute the full premium towards a $23,000
life insurance benefit. The City shall have the right to change life insurance carriers and
administer the life insurance benefits provided herein.
SECTION 6.3. Disability Insurance. The City shall proyide a long term disability plan with a
maximum long term disability benefit of $5,000 per month. Effective January I, 2006, the City
shall increase the long term disability benefit to 66.6% of salary with a maximum benefit of
6,000 per month.
Article VII
EDUCATIONAL REIMBURSEMENT. PROFESSIONAL DEVELOPMENT AND
INCENTIVE PROGRAMS
SECTION 7.1. The City will reimburse employees for the cost of tuition, textbooks, parking
fees, and health fees required for approyed community college and college courses. An approyed
course is one designed to directly improye the knowledge of the employee relative to his specific
job and must be approved by the Fire Chief and the Personnel Director prior to registration. Full
reimbursement up to the amount specified below will be provided based upon completion of the
approyed course(s) with a final grade of"C" or better.
SECTION 7.2. Educational reimbursement payments to an employee shall not exceed $1,200 in
one (1) fiscal year. Effective July 1, 2006, educational reimbursement payments to an employee
shall not exceed $1,500 per fiscal year. The employee must still be employed by the City when
the course is completed.
A. Professional Deyelopment. The City agrees to allow reimbursement to employees of
up to $500 of the $1,200 allotted per fiscal year for activities which aid in their
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professional deyelopment. Effective July 1, 2006, the City shall increase this amount
to $800 of the $1,500 alloted per fiscal year for activities which aid in their
professional development. Reimbursable activities include the following:
I) Attendance at job-related professional conferences and
seminars;2) Payment of membership dues in community and professional
organizations;3) Purchase of job-related professional journals, books, and
other written materials which further their knowledge and improve their
effectiveness in
their duties.B. Participation and/or purchase must be approved in advance by the
department head and the
Personnel Director.C. The above modifications are made to recognize and encourage staff
to pursue educational and public relations oriented activities beyond those
normally budgeted for them by their departments and in which they are directed to
participate. Approved activities are those which may be expected to further their knowledge of
their jobs and the Orange community and which contribute to their
improved effectiveness.Individual departments may continue to budget funds for staff
attendance at professional conferences and seminars for payment of professional
membership dues and for the purchase of books, journals, and related written materials
which enhance the
staffs knowledge.SECTION 7.3. Educational Incentiye Program. Effective September 25, 1988, the City
agrees to establish the following educational incentiye program payable on a monthly basis
for safety employees in the
bargaining unit.AA
Degree $ 80 AA Degree (plus 30 college leyel
units). $120 BA
Degree $160 MA
Degree $220 At least one-half of the "college level" units are to be job related or required for a
Bache/
or's Degree.Effective July I, 2006, the City agrees to provide the following
educational incentiye program payable on a monthly basis for safety employees in
the
bargaining
unit.
AADegree
BADegree
MADegree
150
Article VIII
UNIFORMS
SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed members
of the Fire Department. All uniforms thus purchased shall remain the property of the City of
Orange. -
A.
Effectiye February 27, 2000, total expenditures for the Fire Department shall not exceed $
380 per year per uniformed officer.B.
Effectiye July I, 2005, this amount shall not exceed $500 per year per uniformed officer.
C.
Effective July I, 2006, this amount shall not exceed $600 per year per uniformed officer.
SECTION
8.2. All protective clothing or protectiye devices required of employees in the performance
of their duties shall be furnished without cost to the employees by the Employer.Article
IX HOLIDAYS
SECTION
9.1. Fire Department employees shall have the following paid holidays in accordance with
this Article:I)
January 1st (New Year's Day)2)
The third Monday in February (President's Day)3)
The last Monday in May (Memorial Day)4)
July 4th (Independence Day)5)
The first Monday in September (Labor Day)6)
Noyember 11 th (Veteran's Day)7)
Fourth Thursday in November (Thanksgiving Day)8)
Fourth Friday in Noyember (Day after Thanksgiving)9)
One-half day before Christmas (Christmas Eye) - (regular employees receive 5 hours,
suppression employees receive 6 hours)10)
December 25th (Christmas Day)II)
A total of two (2) Floating Holidays SECTION
9.2.A.
Fire suppression employees who work an average work week of 55.9 hours, shall receive
holiday pay in lieu of holiday time off or the equiYalent in vacation time pursuant
to policies established by the Fire Department and the Association.10
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B. One working day equals twelve (12) hours for suppression personnel.
C. Fire employees who haye a regular forty (40) hour work week, shall receive. Ten (10)
hours off with pay for such holidays.
SECTION 9.3. For those employees whose regular work week is forty hours, in the eyent any of
the above holidays, except one-half day before Christmas, fall on a Sunday, the
following Monday will be taken in lieu of the holiday. When any of the above holidays fall on a
Saturday,except one-half day before Christmas, the preceding Friday will be deemed a holiday. If
the day before Christmas falls on a Saturday or Sunday, forty (40) hour personnel shall
receive an additional
one-halfday.SECTION 9.4. Should an employee whose regular work week is forty (40) hours
be required to work on a holiday, the employee shall receive holiday pay and straight time pay
for all hours worked on the holiday or the equiyalent time off as compensatory time. Work on
a holiday must be approved by the Fire Chief. Employees shall receive no other compensation
for
working a holiday.SECTION 9.5. Should one of the holidays listed above fall during the
employee's vacation period, the employee shall receiye holiday pay and no charge shall be
made against the employee'
s accumulated yacation.SECTION 9.6. For employees having an average work week of forty (40) hours,
the two (2)floating holidays shall be taken at the convenience of the City with approval of the
Fire Chief or his duly authorized agent. Employees promoted into this bargaining unit after
January 1st shall receive a prorated portion of the two (2) floating holidays during their first calendar
year in this bargaining unit. The floating holidays are not accumulative and shall be forfeited
should they not be taken during the year they are earned. Employees under this section
who terminate their employment with the City prior to using their floating holidays shall
receive cash reimbursement
for said
time.
Article X VACATION SECTION 10.1. Fire Department Management employees shall be entitled
to vacations as follows (see Appendix "B", Vacation
Benefits for detail)1) SCHEDULE 1: For Battalion Chiefs who work an average
55.
9 hour workweek.2) SCHEDULE 2: For Battalion Chiefs who work a
regular forty (40)
hour
SECTION 10.2. Vacation shall be taken at the conyenience of the City with the approyal of the
Fire Chief. Where possible, such yacation should be taken annually and not accumulated from
year to year. Vacation days not in excess of the equiyalent number of days earned in the
immediately preceding twenty-four (24) month period may be accumulated with the
permission of the Fire Chief and the Personnel Director. Employees shall not accumulate yacation in
excess of the equiYalent number of days earned in the immediately preceding twenty-four (
24) month period. Such excess not taken by the employee, shall be
automatically paid.SECTION 10.3. An employee may conyert up to fifty percent (50%) of his
current annual yacation accrual into pay in lieu oftime off with pay. An employee requesting such
a conyersion must meet the eligibility requirements as set forth inSection 10.1 and may only convert
once in each
calendar year.SECTION 10.4. Employees who terminate their employment with the City shall be
paid for accrued vacation, if any, and the prorated portion of their final accrual. Prorated'
vacation shall be on the basis of one-twelfth (1/12) of the employee's annual yacation pay for
each full
month of
service.Article XI OTHER
LEAVES OF ABSENCE SECTION 11.1. Leaye of Absence Without Pav For all regular employees
as described herein,the following Leave Without Pay
procedure shall apply:A. After all ayailable leave benefits, including vacation, compensatory
time, and other leave benefits have been completely used, a regular employee,
not under suspension,may make written application to the department head for leave without
pay. No such leave will be considered absent a written application from
the
employee requesting leave.B. If the department head and the Personnel Director agree that such leave
is merited and in the interest of the City, leaye may be granted for a period not to
exceed six (6)months following the date of expiration of all other
allowable leaye benefits.C. No employment or fringe benefits such as sick leaye,
vacation, health insurance,retirement, or any other benefits shall accrue to any employee on
leaye of absence without pay except as denoted under the City's Family Care
and Medical Leaye provisions. During such leave in excess of five working days, no
seniority
shall be accumulated.D. Subject to and consistent with the conditions of the group health,
life or disability plan, coyerage may be continued during a leave, provided direct payment
of the total premium by the employee is made through and as prescribed by
the Payroll Diyision of the City. The City will pay up to six months of the
Flexible Benefit Plan contribution for employees who are on long
term
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E. At the end of such leave, if the employee desires additional leave, written application
must be made through the department head to the Personnel Director at least ten (10)
days before the end of the six (6) month period, stating the reasons why the additional
leave is required and why it would be in the best interests of the City to grant such
leave of absence. If such additional leave is merited and would still preserve the best
interests of the City, he may approye such extension of the leave of absence for a
period up to but not to exceed an additional six months.
F. If the employee does not return to work prior to or at the end of such leave of absence
or extension of leave of absence, the City shall consider that the employee has
terminated his employment with the City.
G. An employee on leaye of absence must giye the City at least seven days' written
notice of his intent to return to work prior to retUrning to work.
H. Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Personnel Director and department head
may be subject to termination.
1. Any employee who falsifies the reason for the request for said leave of absence may
be terminated for falsifying a request for leave of absence or extension thereof.
1. Such leave shall be granted on the same basis for pregnancy, childbirth, and other
medically related conditions, except that such an employee shall retain her seniority
rights.
K. Forms setting forth the benefits ayailable or such other pertinent information shall be
maintained for distribution in the Personnel Services Department.
SECTION 11.2. Personal Necessity Leave. Employees may be allowed up to one (I) working
day per month without pay for personal business with approval of the Fire Chief. Employees
shall accrue no employment benefits for any personal necessity leave in excess of one (I) day per
month.
SECTION 11.3. Jurv Duty. When required to serve on a jury while on duty, employees shall
have time off for a period of actual service required on the jury. Employees shall receiye their
regular pay while serving on jury duty during their regular working hours, proyided all jury fees
paid to the individual employee, less automobile expenses allowed, are turned oyer to the City.
If an off-duty employee is called as a witness on behalf of the City, he shall receive overtime
pay.Any witness fees that accrue to the employee for his witness services for the City shall be
turned over to the
City.
SECTION 11.4. Military Leave of Absence. If an employee is required to take military training
two weeks each year, he shall be entitled to military leave of absence under the provisions of
State law, found in Section 395-395.02 of the Military and Veterans
Code.SECTION 11.5. Sick Leave. Sick leaye with pay shall be allowed, credited, and accumulated
in accordance with the
following:A. For employees who work an average of 55.9 hours, twelve (12) hours of sick
leave will accrue for each month of continuous service after December,
1973.B. For employees who work a regular forty (40) hour week, eight (8) hours of sick
leaye will be accrued for each month of continuous service after January I,
1953.C. For employees who work an ayerage 55.9 hour work week, sick leave will be
charged at the rate of one (1) shift, twenty-four (24) hours for each work shift an
employee
is absent.D. For employees working a regular forty (40) hour week, sick leaye will be
charged at the rate of one (I) day, ten (10) hours for each working day an employee
is absent.SECTION 11.6. Sick leave Usage. Any employee eligible for sick leave with pay
shall be granted such leave for the
following reasons:A. Personal illness or physical incapacity resulting from causes beyond the
employee's control, including pregnancy, childbirth and other medically
related conditions.B. Medical and dental office appointments during working hours, when
authorized by the
Fire Chief.C. Employees working a regular forty (40) hour week may charge 48 hours
per calendar year to sick leave for reasons of family illness. Employees who work an average
55.9 hour week may charge 72 hours per calendar year to sick leave for reasons
of
family illness.D. Bereayement Leaye. The death or critical illness where death appears to
be imminent of a member of the employee's immediate family. "Immediate family" is used
in this Agreement as limited to any relation by blood, marriage, or adoption, who
is a member of the employee's household, under the same roof, and any
parent, substitute parent, parent-in-law, legal guardian, spouse,
child, brother, sister, grandparent,grandchild, brother-in-law, sister-in-law,
aunt, or uncle of the employee, regardless of residence. Days of absence due
to bereavement leave shall not exceed three (3)working days per incident for forty (
40) hour personnel or two (2) twenty-four (24)hour shifts per incident for 55.9
hour personnel, and shall not be deducted from the employee's accumulated
sick leaye. An employee on bereavement leave shall inform his immediate supervisor of that
fact,
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Failure to do so within a reasonable period of time may be cause for denial of
bereavement leave with pay for the period of absence. The City may require proof of
the relationship as a condition to payment of bereavement leave. Employees wishing
to take additional time off for bereavement may use sick leave, vacation, or
compensatory time, with approval ofthe Fire Chief.
E. Sick leaye may be applied only to absence caused by illness or injury (including
industrial illness or injury as set forth in Section 11.7) of an employee and may not
extend to absence caused by illness or injury of a member of the employee's family,
except as set forth in (C) and (D) above. In any instance involving use of a fraction of
a day's sick leaye, the minimum charged to the employee's sick leaye account shall be
one-quarter (Y.) hour, while additional actual absence of oyer one-quarter (
Y.) hour shall be charged to the nearest one-half (Yz) hour. The Fire Chief
shall be responsible for control of abuse of sick leaye privileges if such absence exceeds
four (4) working days for 40 hour work week personnel or three (3) twenty-four (
24) hour shifts for suppression personnel. An employee may be required, as
a condition to receiying sick leaye pay, to furnish a certificate of illness issued by
a licensed physician or nurse, or other satisfactory evidence of illness, in writing, on a
form
supplied for this purpose.F. The Association shall cooperate with the Fire Chief in
reducing and
curbing sick leave usage.G. Retirement. Upon retiring from City service and entering
the Public Employee's Retirement System, an employee shall receiye no pay for the first
sixty (60) days of accrued sick leave; shall receive twenty-five percent (25%) pay
for the next thirty (30)days of accrued sick leaye after the first sixty (60) days,
and he shall receiye fifty percent (50%) of the accrued sick leaye for all accrued sick
leave after said thirty (30)day period. Effective January 1, 2006, upon
retirement from employment with the City and entering the Public Employees' Retirement
System, an employee with a minimum of five (5) years of continuous service to the City
shall receiye pay for 50%of
all unused sick leave hours.H. Upon the death of an employee while employed by
the City, one hundred (100%)percent of all accrued sick leave benefits shall be paid
to the beneficiary of the deceased employee. Payment will be made
when proper authorization is received from the
estate of the decedent employee.SECTION 11.7. Industrial Illness or Iniurv. An employee
who is temporarily or permanently disabled, as a result of injury or illness arising out of and in the course
of his duties pursuant to the Workers' Compensation Laws of the State of California
shall be granted Industrial
Leave pursuant to the following:A. A Leave of Absence without loss of salary, as provided under
Labor Code 4850 or as otherwise may be
amended
B. A Leaye of Absence, beyond one year, as approved in writing by the Fire Chief and
Personnel Director until, (I) such employee is retired on permanent disability
pension; (2) such employee returns to work; or (3) it is determined that such
employee's disability will preclude him from returning to work to perform his regular
work duties. Such leave will be granted for not more than six (6) month intervals.
Such employee may utilize accumulated sick leaye benefits, either during such leave
or upon termination of such leaye ifhe has not returned to work.
C. Total consecutive time for industrialleaye for anyone industrial injury or illness shall
not extend beyond twenty-four (24) consecutiye months, unless such leaye
is extended in writing by the Fire Chief and the Personnel
Director.D. Each employee who receives a work-related permanent disability
retirement pursuant to the Public Employees' Retirement System shall be paid all
accumulated unused sick leave benefits, and is entitled to haye such date of retirement delayed
by a crediting of his accumulated sick leave in accordance with
State Law.E. Employees who have not previously submitted notification of Election
of Personal Physician are required to use only physicians and medical facilities approyed
by the City during the first (30) days after an occupational injury or illness is
reported. After the first thirty (30) day period, an employee may change to a physician
specified by him provided that the physician has the expertise to treat the injury or
illness and agrees to provide timely reports to the City. Howeyer, if an employee has
notified the City in writing, prior to the date of injury that he has a personal
physician, the employee shall have the right to be treated by such physician from the date
of injury
proyiding that:1) The physician has previously directed the medical treatment
of
the employee.2) The physician retains the medical records and history
of
the employee.An employee may request one (I) change of physician during the first thirty (30) days
after the injury or illness
is reported.
Article
XII RETIREMENTSECTION 12.1. The City shall continue its present participation in the
Califomia Public Employees' Retirement System. This participation shall include, but not be
limited to:A. One (1) year Final Compensation (Goyernment Code Section
20024.
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B. The City will authorize P.E.R.S. to modify on or before July 1, 1991, the current 1959
Survivor Benefit from the hnproved Level to the "Best of Three" or Third Level
option. The City will pay the premium to provide employees coyered under this
agreement with the Third Level of 1959 Survivor Benefits.
C. The employees' base pay, as set forth in Exhibit "A" does not include that portion of
the employees' Public Employees' Retirement System contribution paid by the City.
The City will pay 100% of the employees' total contribution.
D. The City's report to the Public Employees' Retirement System will show this amount
as the employees' contribution, and will include it as part of the employee's
compensation.
E. The employee will be proyided with a biweekly paystub showing the amount of
contribution as deferred.
F. As authorized by the Internal Reyenue Service and from the California Franchise Tax
Board, that portion of the employees' Public Employees' Retirement System
contribution paid for by the City will be treated as deferred income.
SECTION 12.2. Effective May 20, 2001, the City agrees to provide the PERS 3% @ Age 50
benefit program, as set forth in Section 21362.2 of the California Goyernment Code. Effective
June 29 2003 employees shall contribute a cap of 3.1 % of salary, on a pre-tax basis, toward
the City's PERS Employer Contribution Rate to offset some of the costs of the PERS 3% @Age
50 Retirement Program. The City shall pay all remaining costs toward the retirement program
for employees coyered
herein.SECTION12.3. The City will discontinue any practice of allowing employees to pay their
own PERS contribution during the last year of employment. The City's practice will be for the City
to pay the employee's contribution to
PERS.SECTION12.4. Part-time temporary employees not covered under the
Public Employees'Retirement System shall participate in a defined contribution retirement plan in lieu
of social security contributions. The City shall contribute 3.75% of the employee's
eligible earnings toward the retirement plan. Employees shall contribute 3.75% of his eligible earnings
toward the
retirement plan.
Article XIII TRAVEL
EXPENSE ALLOWED SECTION 13.1. Automobile Allowance. Expense claims for the use of
priyate automobiles must be submitted to. Accounts Payable for reimbursement with department
head signature.Such use, if approved, will be reimbursed according to
IRS
SECTION 13.2. Out of City Trayel. If the estimated expense of contemplated trayel out of the
City is too great to expect the employee to finance the trip and be reimbursed upon his return, the
City Manager may authorize advance payment of the estimated amount of the travel expense to
the employee.
SECTION 13.3. Tourist class airplane passage will be considered standard for out-
of-
town trayel.SECTION 13.4. Use of personal cars for out-of-town trips, within the State,
may be approved by the City Manager when use of commercial transportation is not available
or practical. If an employee prefers to use his personal car, he may be reimbursed the amount of
the cost of the commercial transportation. A flat rate according to IRS regulations may be
approved for use of personal cars when City
cars are not ayailable.SECTION 13.5. Air, rail, or public transportation used, expense for
local transportation such as taxi cabs and bus fare, will be allowed whenever such transportation is
necessary for conduct of City business. In addition, the following expenses and charges
will be allowed, wheneyer necessary, for the
conduct of City business:A. Expense will be allowed for adequate lodging.
Hotel accommodations shall be appropriate to
the purpose ofthe trip.B. Telephone and telegraph charges will be allowed for
official calls and telegrams.C. Expenses for meals will be reimbursed according to
the Finance
Department's
Administratiye Policy.
Article XIV SAFETY STANDARDS SECTION 14.1. The City shall abide by all applicable federal and
state statutes, and local ordinances relating
to health and safety.SECTION 14.2. Health Fitness Standards. In an effort to improye and
maintain the physical and mental well being of all fire safety personnel, and to reduce the frequency
and intensity of work related injuries and illness, the Association and the City agree to
the
following Health Fitness Standards:A. Smoking: As a condition of employment, new employees
shall refrain
from
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1) Existing employees will be encouraged to become non-smokers;
be provided with information and/or training to assist such effort
and,the City may provide medical assistance as
required.2) Designated smoking/non-smoking regulations and areas
will be established in all Fire
Department buildings.B. PhySical Fitness: The City shall allow and encourage employees to
participate in recognized physical fitness programs while on duty which shall not conflict
with the Department's ability to provide services or previously
scheduled activities.
C. Responsibilities:I) The City shall continue to provide physical exams for
all department safety employees as
previously established SECTION 14.3. Physical Fitness Incentiye Program. Effectiye July 1, 2006,
employees may receive up to $200 per fiscal year towards reimbursement for itemsA and/or B
below. This amount shall increase to $395 per fiscal year effective July
I, 2007.a. Membership in a health/
fitness club.b. Participation in a weight loss/stop smoking/wellness/
fitness program.
Article XV NO STRIKE - NO
LOCKOUT SECTION 15.1. Association Prohibited Conduct. The Association, its officers,
agents,representatives and/or members agree that during the term of this agreement, they will not
cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding
or refusing to perform services. A violation of this section by any employee shall constitute
just cause for discharge pursuant to Article
XVII.SECTION 15.2. City Prohibited Conduct. The City agrees that it shall not lockout its
employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include
the discharge, suspension, termination, layoff, failure to recall or failure to return to work of
the employees of the City in the exercise of its rights as set forth in any of the provisions of
this Agreement or applicable ordinance or
law.SECTION 15.3. Association Responsibility. In the event that the Association, its
officers,agents, representatives, or members engage in any of the conduct prohibited in Section 15.
1 above, the Association shall immediately instruct any persons engaging in such conduct that
their conduct is in violation of this Memorandum of Understanding, and request that all such
persons immediately cease engaging in conduct prohibited in Section 15.1 above, and return to
work.
If the Association acts in good faith to meet its responsibilities as set forth aboye, the
Association, its officers, agents, representatiyes and its members shall not be liable for damages
for prohibited conduct engaged in by employees who are covered by this Agreement in violation
of Section 15.1.
SECTION 15.4. The City shall have the right to bring suit for damages and/or equitable relief in
the Courts for breach ofthis Article.
Article XVI
CITY RIGHTS
SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusiyely, all rights
of Management which have not been abridged by specific proyision(s) of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exc1usiye rights of Management, as they are not
abridged by this Agreement or by law, shall include the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or actiyity proyided by law
as conducted by the City.
C. To determine the nature, merit, and technology of services to be provided to the
public.
D. Methods offmancing.
E. Types of equipment or technology to be used.
F. To determine and/or change the location of facilities, through which the City
operations are to be conducted.
G. To determine types of operations, processes and materials to be used in carrying out
City functions.
H. To assign work to and schedule employees in accordance with the terms of this
Agreement.
I. To relieye employees from duties for lack of work or similar non-disciplinary
reasons subject to negotiations as required by
law.
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1. To discharge, or otherwise discipline the employees for just cause, subject to
procedural due process pursuant and provisions of Article XVII.
K. To determine new job classifications as a result of a new operation subject to
negotiations as required by law.
1. To hire, transfer, promote and demote employees for non-disciplinary reasons
in accordance with this Memorandum of
Understanding.M. To determine standards for selection, and training and promotion of
employees pursuant to current City
policy.N. To continue current Fire Department policy with respect to the establishment
of performance
standards.O. To promulgate reasonable rules and regulations to maintain order and safety in
the City which are not in contravention with this
Agreement.P. To take any and all necessary action to carry the mission of the Agency
in emergencies as set forth in Article XXI, Section21.4 Emergency Waiver
Provision.Q. To continue those mutual response pact(s) outside the corporate limits of the City
that are currently in effect and to subcontract and enter into agreements with other
cities for the purpose of proYiding a multi-purpose training facility
and
communications centers.SECTION 16.2. Except in emergencies, or where the City is required to make changes
in its operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a signjficant number of employees of the
bargaining unit,the City agrees to meet and confer in good faith with representatives of the
Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights,
unless the matter of the exercise of such rights is proYided for in this Memorandum
of Understanding.
Article XVII DISCIPLINE AND DISCHARGE: RULES
AND REGULATIONS SECTION 17.1. The City shall haye the right to discipline (up to and including
suspension of employees) and discharge regnlar employees for "
just cause".SECTION 17.2. Probationary employees shall not be disciplined up to and
including discharge for reasons which are arbitrary, and/or capricious, and/or
invidiously
Article XVIII
PROBATIONARY PERIOD (NEW EMPLOYEES)
SECTION 18.1. The probationary period for new employees shall be for a period of one (I) year
26 pay periods from date of hire) in order to demonstrate suitability for the job.
SECTION 18.2. For good cause, with the approyal of the Personnel Director the Fire Chief may
extend such probationary period.
Article XIX
PAYROLL DEDUCTIONS
SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi-
weekly basis in the amount certified as authorized in writing by individual
employees.SECTION 19.2. The Employee agrees to hold the City harmless and indemnify the City
against any claims, causes of actions, lawsuits arising out of the deductions or transmittal of such
funds.The Employee shall notify the City within ten (10) calendar days of any discrepancy(
s)concerning other payroll deductions pursuant to this Article. If the Employee does not notify
the City of any discrepancy within ten (10) calendar days, the City shall be relieyed of any
asserted
discrepancy.Article
XX
GRIEVANCE-PROCEDURE SECTION 20.1. Grieyance Defined. A grieyance shall be defined and limited to a
dispute or controyersy between an employee, or a group of employees and the City
regarding the application or interpretation of this Memorandum of Understanding, City
Personnel policies,and/or departmental rules, regulations
or practices.SECTION 20.2. Procedural Due Process. Concerning pre-disciplinary
matters, the grievance procedure shall not act as a substitute for procedural due process rights
for individual employees.SECTION 20.3. Application of Procedure. All grievances shall be adjusted
in accordance with the procedure set forth in this Article and shall constitute the exclusive means
and procedure for the settlement and disposition of all grievances. An employee may process
his own grievance provided that any of the grievance is not inconsistent with the terms of
this Memorandum of Understanding, and a representatiye has been given an opportunity to be present
at all grievance proceedings, including adjustment of the grievance. The grieving party must state
in writing the remedy sought to
resolve
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SECTION 20.4. Timely Filing and Processing of Grievances. Any grievance not filed within the
time limit set forth herein shall be barred and waiyed. Any grieyance not timely processed
through the next step of the grieyance procedure shall be considered resolved in accordance with
the prior answer of the City.
SECTION 20.5. Steos of Grievance Procedure.
A. Steo I. A grievance must be filed, in writing, with the Fire Chief or his designee
within twenty (20) calendar days after the grieyant knew, or in the exercise of
reasonable diligence should haye known, of the event giying rise to the grievance.
Within ten (10) calendar days of receipt of the grievance, a Department designee shall
meet with the grievant and his representative and submit a written response thereto.
B. Steo II. If grieyant is not satisfied with the decision of the Fire Chief or his designee,
or if he has not received a written decision within the time specified, the grievant may
file a written appeal with the City Manager or his designee within ten (10) calendar
days of the answer or such time when the answer was due. Within five (5) calendar
days of receipt of written appeal, the City Manager, or his designee(s), shall meet with
the grievant and his representatiye, and shall submit a written response thereto within
ten (10) calendar days of receipt of the written appeal.
ArticleXXJ
SCOPE AND APPLICATION
SECTION 21.1. Sole and Entire Agreement. It is the Intent of the parties hereto that this
Memorandum of Understanding shall supersede all prior memorandums or understanding or
contrary City contracts and when approved by the City Council shall goyern the entire
relationship between the parties.
SECTION 21.2. This Agreement is subject to amendment only by subsequent written agreement
between, and executed by, the parties hereto.
SECTION 21.3. Reoarabilitv Provision. If any provision of this Agreement, or the application
of such provision, should be rendered or declared invalid by any court action or by reason of any
existing or subsequently-enacted legislation, the remaining parts or portions of the
Agreement shall remain in full force and
effect.SECTION 21.4. Emergency Waiver Provisions. In the event of circumstances beyond
the control of the City, such as acts of God, fire, flood, insurrection, civil disorder,
national emergency, or similar circumstances, provisions of this Memorandum of Understanding or
the Personnel Rules or Regnlations of the City, which restrict the City's ability to respond to
these emergencies, shall be suspended for the duration of such emergency. After the emergency
is
declared Oyer, this Memorandum of Understanding will be reinstated immediately. The
Association shall haye the right to meet and confer with the City regarding the impact on
employees of the suspension of the proyision in the Memorandum of Understanding during the
course ofthe emergency.
Article XXII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 22.1. Term of Agreement. The term of this Memorandum of Understanding shall
commence on March 1, 2005 and shall continue in effect to and including February 29,2008.
Article XXIII
WAIVER OF BARGAINING DURING TERM OF AGREEMENT
SECTION 23.1. During the term of this Memorandum of Understanding, the parties mutually
agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and
conditions of employment, whether or not coyered by the Memorandum or in the negotiations
leading thereto, and irrespective of whether or not such matters were discussed or were even
within the contemplation of the parties hereto during the negotiations leading to this
Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by
mutual agreement, in writing, agree to meet and confer about any matter during the term of this
Memorandum.
Article XXIV
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Memorandum of Understanding shall not be
in full force and effect until ratified by the Association and adopted by the City Council of the
City of Orange. Subject to the foregoing, this Memorandum of Understanding is hereby
executed by the authorized representatiyes of the City and the Association and entered into this
25th day of May, 2005.
24
chael D. Harary, Personnel Servi es Manager
ORANGE CITY FIRE MANAGEMENT
ASSOCIATION
e 4.By:
Frank ickhoff, President, Fire Mgt. Assoc.
By:
Patrick Dibb, Vice President, Fire Mgt. Assoc.
25
I
APPENDIX "A"
ORANGE FIRE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
EFFECTIVE FEBRUARY 20, 2005
Five Percent (5.0%) Salary Increase)
Classification Title
NEW STEP STEP STEP STEP STEP STEP
RANGE ABC D E F
Fire Battalion Chief 592 6831 7181 7545 7931 8336 8760
EFFECTIVE AUGUST 21, 2005
Three Percent (3.0%) Salary Increase)
Classification Title
NEW STEP STEP STEP STEP STEP STEP
RANGE ABC D E F
Fire Battalion Chief 598 7039 7399 7775 8172 8589 9026
EFFECTIVE FEBRUARY 19, 2006
Five Percent (5.0%) Salary Increase)
NEW STEP STEP STEP STEP STEP STEP
Classification Title RANGE A B C D E F
Fire Battalion Chief 608 7399 7777 8172 8590 9028 9488
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EFFECTIVE FEBRUARY 18, 2007
Minimum Three Percent (3.0%) Across the Board Salary Increase. Additional Salary
Increases May Be Granted Based on Labor Market Salary Survey - see language below).Classification
Title NEW
RANGE
STEP
A
STEP
B
STEP
C
STEP
D
STEP
E
STEP
F
Fire
Battalion Chief 614 7624 8013 8421 8851 9302 9776 Orange
Fire Management Association and the City will conduct a salary survey by or before February 28,
2007 of all Fire Departments throughout the County to determine the maximum (top step) base salary for
Fire Battalion Chief The median calculation will exclude Orange Fire Department salaries. The contractual
March 2007 salary data from the survey agencies will be utilized for any necessary adjustments.
In the event the Orange Fire BC salary top step is below the median of the surveyed agencies.
the City shall increase the entire salary range of that classification in 0.5% increments at a minimum
of 3.0% to a maximum of 6.0% to bring the salary level to the survey median. The effective date
for any applicable salary increases will be February 18, 2007. The salary table above reflects a 3.
0% minimum salary increase. This salary table will be amended should the salary range increase exceed
3.0% This provision shall not apply thereafter.27
APPENDIX "B"
VACATION BENEFITS
SCHEDULEl
I Fire Battalion Chiefs who work fire suppression shall accrue vacation on the following basis:
ACCRUAL RATE 12.56 HOURS = I DAY
Years of Hours per Days per Shifts
Service Year Year Per Year
I 138.0 11.00 5.75
2 141.3 11.25 ' 5.88
3 157.0 12.50 6.54
4 172.7 13.75 7.20
5 188.0 15.00 7.83
6 194.3 15.50 8.10
7 200.6 16.00 8.36
8 206.9 16.50 8.62
9 213.2 17.00 8.88
10 219.5 17.50 9.15
11 225.8 18.00 9.41
12 232.1 18.50 9.67
13 238.4 19.00 9.93
14 244.7 19.50 10.20
15 251.0 20.00 10.46
16 257.3 20.50 10.72
17 263.6 21.00 10.98
18 269.9 21.50 11.25
19 276.2 22.00 11.51
20 282.5 22.50 11.77
21 288.8 23.00 12.03
22 295.1 23.50 12.30
23 301.4 24.00 12.56
24 307.7 24.50 12.82
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25 314.0 25.00 13.08
26 320.3 25.50 13.35
27 326.6 26.00 13.61
28 332.9 26.50 13.87
29 339.2 27.00 14.13
30 345.5 27.50 14.40
Except, however, if the fire suppression hours should drop below 55.9 hours per week, vacation
accrual shall be subj ect to meet and confer.
28
APPENDIX "B"
VACATION BENEFITS
SCHEDULE 2
Fire Battalion Chiefs who work a regular work week of 40 hours shall accrue yacation on the
following basis:
Years of Approx. Workdays Hours Per Workdays
Service Per Month Month Per Year
I 0.917 7.333 11.00
2 0.938 7.500 11.25
3 1.042 8.334 12.50
4 1.146 9J67 13.75
5 1.250 10.000 15.00
6 1.292 10.334 15.50
7 1.333 10.667 16.00
8 1.375 11.000 16.50
9 1.417 11.334 17.00
10 1.458 11.667 17.50
11 1.500 12.000 18.00
12 1.542 12.334 18.50
13 1.583 12.667 19.00
14 1.625 13.000 19.50
15 1.667 13.334 20.00
16 1.708 13.667 20.50
17 1.750 14.000 21.00
18 1.792 14.334 21.50
19 1.833 14.667 22.00
20 1.875 15.000 22.50
21 1.917 15.334 23.00
22 1.958 15.667 23.50
23 2.000 16.000 24.00
24 2.042 16.334 24.50
25 2.083 16.667 25.00
26 2.125 17.000 25.50
27 2J67 17.334 26.00
28 2.208 17.667 26.50
29 2.250 18.000 27.00
30 2.292 18.334 27.50
29