RES-9358 Letter of Understanding Orange City Fire Fighters effective March 2001 through February 2004RESOLUTION NO. 9358
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE
ESTABLISHING A LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE ORANGE CITY FIRE FIGHTERS, LOCAL 2384,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL.CIO
EFFECTIVE MARCH 1, 2001 THROUGH FEBRUARY 29,2004
This Letter of Understanding ("LOU") is entered into by and between the
City of Orange (the "City") and the Orange City Fire Fighters, Local 2384,
International Association of Fire Fighters, AFL-CIO, (the "
Union.")In October 2000, the City and Union met and engaged in the Meet
and Confer process to establish its next new contract. These discussions resulted
in this LOU between the City and the Union, who have agreed to the
following:Term of
Aareement Man~h 1, 2001 through February 29,
2004 Salarv Increases - Exhibit "B" of the Memorandum of Understandina
21.0% Across the Board Salary Increase Effective 2/25/2001. In addition, by
March 1, 2001 one representative from the City and the Union shall jointly
survey the total pensionable compensation (e.g., PERS reportable
compensation) for all professional fire departments within Orange County by
reviewing the effective collective bargaining agreements, salary schedules,
etc. and shall adjust the base salary for employees covered by this
Agreement, on a rank basis by that percentage necessary to place each rank
at the figure equal to the third highest in total pensionable compensation from
the survey. For example, if the department with the third highest pensionable
compensation for the rank of Fire Captain equals the amount "X," the base
salary for Orange City Fire Captains will be increased by that percentage
necessary to equal the amount "X." The ranks of Fire Engineer, Fire Fighter,
Fire Safety Specialist, Fire Inspector/Investigator, and Hazardous Materials
Specialist will also be surveyed, separately, as outlined above. In no event,
however, shall any employee receive less than 3% base increase effective
UZ5/2001. This provision shall not apply thereafter.
a.O% Across the Board Salary Increase Effective 2/24/2002
a.O% Across the Board Salary Increase Effective 2/23/2003
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PERS 3% ((i! 50 Retirement Benefit - Article XII, Section 12.5 of the Memorandum
of Und,rstan9ing The
City shall amend its contract with PERS to grant the safety members of PERS
effective no later than June 30, 2001 (Le., firefighters and fire safety specialists
who meet the requirements) the 3% at age 50 retirement formula as :l setforthinSection21362.2 of the California Government Code. For the term of :.,... .this
Agreement, the City shall bear all costs associated with this amendment up .to
seven percent (7%) of bargaining unit cost. In the event that the contract amendment
exceeds 7% of bargaining unit cost, the amount in excess of 7%shall
be shared equally between the City and the bargaining unit members.ComDensatorv
Time - Article V. Section 5.3C of the Memorandum of Understandina shall
state the followina:Effective January
1, 2001:1. For
all employees hired after January 1, 2001, an employee's accrual of non-FLSA
Compensatory Time Off shall be capped at 180 hours per calendar
year. Any compensatory time accrued over 180 hours will be automatically
paid in the following pay period.2.
For employees hired prior to January 1, 2001, an employee's accrual of non-
FLSA, non-holiday Compensatory Time Off shall be capped at
360 hours per calendar year. Any compensatory time accrued over
360 hours will be automatically paid in the following pay
period.3. Effective January 1, 2002, the cap shall be reduced to 220 hours
per calendar year. Any compensatory time accrued over 220 hours will
be automatically paid in the following pay
period.In addition, the parties agree to change the language in Article V, Section 5.1 D
of the MOU as
follows:D. Compensatory time for overtime will be accumulated in one-half (
1/2)hour per day increments. Where an employee works less
than one-half (1/2) hour per day of overtime, the employee shall
not receive compensatory time for overtime of less than one-half (
112) hour per day work. In order to be entitled to
compensatory time, such compensatory time must be authorized by the
Fire Chief and approved by the Personnel
Director. Accumulated compensatory time not taken off in the calendar year in which it was
earnedmaybe .,.n"..... .carried over to the next year in accordance with
Section
Health Fitness Standards
The City agrees to ret'T1CiWe Ahe following language from Article XIV Safety
Standards, Section 14.3, #0;.3, c of the current MOU:
n c) Progressive disciplinary action, for just cause in accordance with the
terms and conditions of the Memorandum of Understanding.
Salary SleD Increases
The parties agree to change the language in Article III, Section 3.4 Advancement
Within Schedule of the Memorandum of Understanding as follows:
SECTION 3.4 ADVANCEMENT WITHIN SCHEDULE. The following
regulations shall govern salary advancements within ranges:
A. Merit Advancement. An employee shall be considered for
advancement from Step "A" to Step "B," or from Step "B" to Step "CO,
or from Step "c" to Step "D", or from Step "D" to Step "E", upon
completion of the minimum Iengtn of service as specified in section 3)
below. A merit increase shall become effective the first pay period
following the completion of the length of service required for such
advancement. Advancement through the salary steps shall be
granted when an employee demonstrates ability and proficiency in
the performance of his or her duties. Such merit advancement shall
require the following:
1) The Fire Chief shall file with the Personnel Director a
Personnel Action Form and a completed Performance
Evaluation Form recommending the granting or denial of the
merit increase and supporting such recommendation with
specific reasons therefore. Any disapproval of the request
shall be returned to the Fire Chief with a statement of the
reasons for disapproval of the request.
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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 Steps "A" to "B" and "D"
to "E" shall occur in yearly increments. Advancement through
pay range steps "B" to "C" and "CO to "D" shall occur in six (6)
month increments.
B. SDecial Merit Advancement. When an employee demonstrates
exceptional ability and proficiency in the performance of his/her
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duties, the Fire Chief may recommend to the Personnel Director that
said employee be advanced to a higher pay step without regard to
the minimum length. of service provisions contained in this
Agreement. The Personnel Director may, on the basis of a Fire
Chiefs recommendation, approve and effect such an advancement.
C. Lenoth ofSelVice Reouired When Advancement 'is Denied. When an
employee has not been approved for advancement to the higher
salary step, he/she may be reconsidered for such advancement at
any subsequent time. This reconsideration shall follow the same
steps and shall be subject to the same action as provided in the
above paragraph of this section.
Other Issues
The parties agree to meet and discuss several issues per the parties' request
during the term of the contract including:
1. Union Release Time.
2. Tracking of Transport Bonus Pay:,
3. Acting Assignments (Section 5.7B of the MOU).
4. Educational Pay Incentives for Fire Safety Specialists.
New Memorandum of Understandina
The City and the Association agree to incorporate the provisions contained in this
Letter of Understanding into a new Memorandum of Understanding once both
parties have had an opportunity to review and concur on any and all language
changes included in the new MOU.
Ratification and Execution
The City and the Union acknowledge that this Letter of Understanding shall not
be in full force and effect until ratified by the Union and adopted by the City
Council of the City of Orange. Subject to the foregoing, this Letter of
Understanding is hereby executed by ~ttuthOrlZed~ .representative of the City
and the Union and entered into this day of '''o.Jelf\ber ,2000.
City of Oran e Orange City Fire Fighters,
Local 2384, International Association
of Fire Fighters, AFL..cIO
B~ 2t,:f ~N~
By: ~C;;L:Jl~
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ADOPTED this 28th day of November, 2000.
I
c ATI'
EST:City
Clerk of the City of Orange I
certify that the foregoing Resolution was duly and regularly ado~ted by the City Council
of the City of Orange at a regular meeting thereof held on the 28 day of November,
2000 by the following vote:AYES:
COUNCILMEMBERS: Murphy, Slater, Mayor Coontz, Spurgeon, Alvarez NOES:
COUNCILMEMBERS: None ABSENT:
COUNCILMEMBERS: None ABSTAIN:
COUNCILMEMBERS: None Reso:
9358