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RES-8922 MOU Orange Fire Management Association effective 3_1_98 to 2_28_01RESOLUTION NO. 8922 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING RESOLUTION NO. 8922 AND REPEALING RESOLUTION NO. 8904 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, 1998,THROUGH AND INCLUDING FEBRUARY 28, 2001.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on wages, hours,and other conditions of employment for the period of March 1, 1998 through February 28,2001, and have repealed Resolution No. 8666 and amendments thereto for said employees as more particularly set forth in the Memorandum of Understanding attached hereto.NOW, THEREFORE,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 28th day of April 1998. ATTEST:City Clerk I 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 ...2.8.tll day of April , 1998 by the following vote: AYES: NOES ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Lkti/<<- fi/~~City Clerk of th ity of Orange MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ NONE NONE NONE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE FIRE MANAGEMENT ASSOCIATION MARCH 1, 1998 - FEBRUARY 28, 2001 TABLE OE CONTEfflS Recognition Page No. 1 Article No..Title of Article II Non-Discrimination 1 III Salaries, Merit Advancements, Promotion, Probationary Period, Assignment Pay 1 IV Work Week - Work Schedule 5 V Overtime, Call Back Pay, Shift Exchange 5 VI Insurance Programs 8 VII Educational Reimbursement, Professional Development and Incentive Program 9 VIII Uniforms 10 IX Holidays 11 X Vacation 12 XI Other Leaves of Absence, Jury Duty, Sick Leave, Industrial 13 Illness and Injury XII Retirement 17 XIII Travel Expense Allowed 18 XIV Safety Standards 19 XV No Strike - No Lockout 21 XVI City Rights 22 XVII Discipline & Discharge: Rules & Regulations 23 XVIII Probationary Period (New Employees) 24 XIX Payroll Deductions 24 XX Grievance - Procedure 24 Article N2... Title of Article Page No. XXI Scope and Application 25 XXII Term of Memorandum of Understanding 26 XXIII Waiver of Bargaining During Term of Agreement 26 XXIV Ratification and Execution 27 Appendix "A" Monthly Salary Ranges 28 Appendix "8" Vacation Benefits - Schedule 1 29 Appendix " B" Vacation Benefits - Schedule 2 30 ii ARTICLE I RECOGNITION S.. E.CTION 1.1. Pursuant to the provisions 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 government Code Section 3500 et. seq.), Employee Relations Resolution No. 3611 and this Agreement, has recognized the Orange City Fire Management Association hereinafter called the "Association") as the majority representative 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 recognize 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 CodeSection 3500 et. seq.SE...CTION 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 reli~lious 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 6 month review to "D" Step, 6 month review to "E" Step, and 6 month 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.SECTION 3.5. 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 ( A.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 effective performance of C. A merit increase shall become effective 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: 1) The Fire Chief shall file with the Personnel Director a Personnel Action Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefor. Any disapproval of the request shall be returned to the Fire Chief with a statement of the reasons for disapproval of the request. 2) The recommendation of the Fire Chief and the approval of the Personnel Director shall be forwarded to the Finance Director for change of payroll status. 3) Advancement through the pay range step "D" through step "F" shall occur in 6 month increments. D. Special Merit Advancement. In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in the performance of his 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. 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 subject to the same action as provided in the above paragraph of this section. SECTION 3.6. Promotion and Probationary Period. A. Salary. 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; provided, 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. 3 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 permanent 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 permanent status, shall include the reasons for such action. If permanent 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 provisions 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 provisions:1) Salary rates shall be reduced by at least one (1) step, and 2) The new salary rate must be within the salary range for the classification to which demoted.s.E.CTION 3.8. Assignment Pay. Fire Battalion Chiefs assigned as Division Chiefs by the Fire Chief to the Operations and Support Services Divisions, shall receive a twelve 12%) percent salary increase over the base pay of the Battalion Chief position. Fire Battalion Chiefs assigned to Training shall receive nine (9%) percent salary increase above the Fire Battalion Chiefs base pay. All special assignments shall be made or revoked at the discretion of the Fire Chief. ARTICLE IV WORK WEEK - WORK SCHEDULE SECTION 4.1. Suppression Personnel. Fire suppression personnel will work an average work week of 55.9 hours.SE. CTION4.2. All Other Personnel. The regular work week for all other personnel shall continue to consist of 40 hours, four (4), ten (10) hour days.SE. CTION4.3. 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. SE.CTION 4.4. The work cycle for sworn Fire Department suppression personnel will be nine (9) days within a twenty seven (27) day work period. ARTICLE V OVERTIME. CALL BACK PAY. SHIFT EXCHANGE CQMPENSATORY OVERTIME SECTION 5.1. Compensatory time shall be paid as follows: A. For fire suppression employees having an average work week of 55.9 hours, compensatory time shall accumulate at a rate of one (1) hour compensatory time for each one (1) hour of overtime actually worked in excess of the employee's regularly scheduled working hours for a pay period. B. For employees having an average work week of forty (40) hours, compensatory time shall be accumulated at the rate of one (1) hour of compensatory time for each one (1) hour of overtime actually worked during the employee's regular work week. C. Only time actually worked shall count in the computation of overtime, except for call back in accordance with this Article. 5 D. Compensatory time for overtime will be accumulated in one-half (1/2) hour 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 (1/2) 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. 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 newcalendaryear.s..E.CTION 5.2. Payment upon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upontheirtermination.s..E.CTION 5.3. Usage of Compensatory Time Previously Earned. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of theFireChief.s..E.CTION 5.4. In any instance involving use of a fraction of a day' s compensatory time,the minimum charge to the employee's compensatory time account shall be one-half Y:.) 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. Overtime shall be paid at the regular rate of pay and paid during the pay period in which it was earned. For personnel having an average 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 overtime hours worked, minus leave time (sick leave, vacation, 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 B. For personnel having 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 overtime hours worked minus leave time (sick leave, vacation, 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.SE.GTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work.s.E.CTION 5.7. CALL BACK PAY.A. When a fire suppression employee is required to report back to work after completing a normal work shift, and having left City 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 receive two (2) hours minimum as compensatory time for call back pay. Call back compensatory time shall be paid at straight time rate of payor equal time off, when authorized by the Fire Chief or authorized agent.B. During times of disaster, when so proclaimed by the Mayor of the City,overtime for all fire personnel shall be computed as though the fire personnel worked a forty (40) hour week.s.E.CTION 5.8. SHIFT EXCHANGE.A. Employees shall have 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 vacation or compensatory time of the individual who was unable to report for duty. ARTICLE VI INSURANCE PROGRAMS s.E,CTION 6.1. Health Insurance. A. The City shall contract with PERS (Public Employees' Retirement System) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). B. Except as provided in Section C. Flexible Benefits Plan, the City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible active employee, and to the extent required by law, each eligible retiree annuitant of PERS, an equal contribution of $16.00 per month. C. Flexible Benefits Plan. Effective March 1, 1998, the City shall contribute 560 per month for active employees towards the Flexible Benefits Plan to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay. Effective March 1, 1999, the City shall increase the contribute from $560 per month to $600 per month. The City's payment toward the Flexible Benefit Plan is exclusive of the $16.00 payment in Section 6. D. Any amounts in excess of the amounts designated in Section Band 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 receive the monthly contribution as described in section C above toward the Flexible Benefits Plan. In the event the employee loses eligibility (with documentation), the employee may enroll in the PERS Health Benefits Plan pursuant to their rules and regulations. 8 S,E.CTION 6.2. Life Insurance. The City shall provide a term life insurance plan for employees in the sum of $23,000. The City shall contribute $0.36 for family coverage per month per employee toward life insurance coverage. s.E.CTION 6.3. Disability Insurance. The City shall provide a long term disability plan with a maximum long term disability benefit of $5,000 per month. ARTICLE VII EDUCATIONAL REIMBURSEMENT. PROFESSIONAL DEVELOPMENT AND INCENTIVE PROGRAMS SECTION 7.1. The City will reimburse employees for the cost of tuition and textbooks required for approved community college and college courses. An approved course is one designed to directly improve 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. Reimbursement will be based upon the final grade received according to the following schedule: GRADE A B C D or F REIMBURSEMENT 100% 75% 50% 0- SECTION 7.2. Effective March 1, 1998, educational reimbursement payments to an employee shall not exceed $1,000 in one (1) fiscal year. Effective March 1, 2000, educational reimbursement payments shall not exceed $1,200 in one (1) fiscal year. The employee must still be employed by the City when the course is completed. A. Professional Development. The City agrees to allow reimbursement to employees of up to $500 of the $1,000/$1,200 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following: 1) 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 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 ad 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 Incentive Program. Effective September 25, 1988, the City agrees to establish the following educational incentive program payable on a monthly basis for safety employees in the bargaining unit. AA Degree $ 80 AA Degree (plus 30 college level 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 Bachelor's Degree.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. Effective March 1, 1998, total expenditures for the Fire Department shall not exceed $350 per year per uniformed officer; effective February 28,1999, total expenditures for the Fire Department shall not exceed $365 per year per uniformed officer; effective February 27, 2000, total expenditures for the Fire Department shall not exceed $380 per year per uniformed officer;SECTION 8.2. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the Employer. ARTICLE IX HOLIDAYS s..E...CTION 9.1. Fire Department employees shall have the following paid holidays in accordance with this Article: 1) January 1 2) The third Monday in February 3) The last Monday in May 4) July4 5) The first Monday in September 6) November 11 7) Thanksgiving Day 8) Day after Thanksgiving 9) 1/2 day before Christmas- regular employees receive 5 hours, suppression employees receive 6 hours) 10) Christmas Day 11) 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 equivalent in vacation time pursuant to policies established by the Fire Department and the Association. B. One working day equals twelve (12) hours for suppression personnel. C. Fire employees who have 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 event 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 equivalent time off as compensatory time.Work on a holiday must be approved by the Fire Chief. Employees shall receive no other compensation for working SECTION 9.5. Should one of the holidays listed above fall during the employee's vacation period, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. 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. The floating holidays are not accumulative and shall be forfeited should they not be taken during the year they are earned. For purposes of this benefit, said employee's anniversary year runs January 1 through December 31. 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 work week. 2) SCHEDULE 2: For Battalion Chiefs who work a regular forty 40) hour work week. SECTION 10.2. Vacation shall be taken at the convenience of the City with the approval of the Fire Chief. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation days not in excess of the equivalent 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 vacation in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period. Such excess not taken by the employee, shall be automaticallypaid.s..E.CTION 10.3. An employee may convert up to fifty percent (50%) of his current annual vacation accrual into pay in lieu of time off with pay. An employee requesting such a conversion must meet the eligibility requirements as set forth in Section 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 vacation pay for each full month ARTICLE XI OTHER LEAVES OF ABSENCE s..E.CTION 11.1. Leave of Absence Without Pay For all regular employees as described herein, the following Leave Without Pay procedure shall apply: A. After all available 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. If the department head and the Personnel Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other leave benefits. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as otherwise provided below. During such leave in excess of five working days, no seniority shall be accumulated. Such leave shall be granted on the same basis for pregnancy, child-birth and other medically related conditions, expect that such an employee shall retain her seniority rights. Subject to and consistent with the conditions of the group health, life or disability plan,coverage may be continued during a leave, provided direct payment of the total premium is made through and as prescribed by the Payroll Division of the City. The City will pay up to six months of the Flexible Benefit Plan contribution for employees who are on a long term disability leave.B. At the end of such leave, if the employee desires additional leave, written application must be made to the Personnel Director stating the reasons why the additional leave is required and why it should be in the best interest of the City to grant same. If in the Personnel Director's opinion such additional leave is merited, and would still preserve the best interest of the City, he may approve same for a period not to exceed an additional six (6) months. At the end of that time, employment shall be terminated. 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.C. An employee on leave of absence must give the City at least seven (7) days'written notice of his intent to return to work.D. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Personnel Director and the Fire Chief shall be subject to termination. Any employee who falsifies the reason for request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. sECTION 11.2. Personal Necessity Leave. Employees may be allowed up to one (1) 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 (1) day per month. sECTION 11.3. Jury 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 receive their regular pay while serving on jury duty during their regular working hours, provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over 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.SECTION11.4. 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 leave 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 leave will be accrued for each month of continuous service after January 1,1953.C. For employees who work an average 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 leave will be charged at the rate of one (1) 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 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 one ten (10) hour day per calendar year to sick leave for reasons of family illness. Employees who work an average 55.9 hour week may charge one twelve 12) hour shift per calendar year to sick leave for reasons of family illness. D. Bereavement Leave. 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, spouse, child, brother,or sister of the employee, regardless of residence. Days of absence due to bereavement leave shall not exceed four (4) working days per calendar year for forty (40) hour personnel or three (3) twenty-four (24) hour shifts per calendar year for 55.9 hour personnel, and shall be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of that fact, and the reasons therefor,as soon as possible. Failure to do so within a reasonable period of time may be cause for denial of sick leave with pay for the period of absence. The City may require proof of the relationship as a condition to payment of sick leave with pay for bereavement leave.E. Sick leave 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 leave, the minimum charged to the employee's sick leave account shall be one-half (Yo) hour,while additional actual absence of over one-half (Yo) hour shall be charged to the nearest full hour. The Fire Chief shall be responsible for control of abuse of sick leave 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 receiving sick leave 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 G. Retirement. Upon retiring from City service and entering the Public Employee's Retirement System, an employee shall receive 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 leave after the first sixty ( 60)days, and he shall receive fifty percent (50%) of the accrued sick leave for all accrued sick leave after said thirty (30) day period.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 Iniury. 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 Worker's 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, in lieu of temporary disability payments, (which would be payable under the Worker's Compensation Laws)for the period of such disability, but not exceeding one year, or until such earlier date as such employee is retired on permanent disability pension, in accordance with Labor Code 4850 or as otherwise provided by the State Legislature.B. A Leave of Absence, beyond one year, as approved by the Fire Department and City Manager, until, (1) 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 leave benefits,either during such leave or upon termination of such leave if he has not returned to work.C. Total consecutive time for industrial leave for anyone industrial injury or illness shall not extend beyond twenty-four (24) consecutive months, unless such leave is extended by the Fire Chief and the City Manager.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 are entitled to have such date of retirement delayed by a crediting of their accumulated sick leave in accordance with State E. Employees who have not previously submitted notification of Election of Personal Physician are required to use only physicians and medical facilities approved 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. However, 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 providing 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 (1) change of physician during the first thirty (30) days after the injury or illness is reported. ARTICLE XII RETIREMENT SECTION 12.1. The City shall continue its present participation in the California Public Employees' Retirement System. This participation shall include, but not be limited to: A. One (1) year Final Compensation (Government Code Section 20024.2). B. The City will authorize P.E.R.S. to modify on or before July 1, 1991, the current 1959 Survivor Benefit from the Improved Level to the "Best of Three" or Third Level option. The City will pay the premium to provide employees covered 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 provided with a biweekly paystub showing the amount of contribution as deferred. 17 F. As authorized by the Internal Revenue 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 The City shall contract with PERS to provide the members of the Association the 2% at age 50 retirement formula, as set forth in Section 21252.01 of the California Government Code. SECTION 12.3 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. SECTION 12.4 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 private automobiles must be submitted to. Accounts Payable for reimbursement with department head signature. Such use, if approved, will be reimbursed according to IRS regulations.SECTION 13.2 Out of City Travel. If the estimated expense of contemplated travel 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 travel.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 TION 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, whenever necessary, for the conduct of City business: A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the 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 Administrative Policy. ARTICLE XIV SAFETY STANDARDS s.E.CTION 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 improve 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. Weight/Body Fat: Employees shall maintain their weight/body fat within established standards based upon their age, height and bone structure, as established by recognized medical authority. B. Smoking: As a condition of employment, new employees shall refrain from smoking on duty. 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. C. Physical Fitness: The City shall allow and encourage employees to participate in recognized physical fitness programs while on duty before 0830 and after 1700 which shall not conflict with the Department's ability to provide services or previously scheduled activities. The physical fitness programs presently recognized are: 1) "Good Health Through Physical Fitness", L.A. City Fire Dept. 2) Structured aerobic programs 3) Individual progressive conditioning programs that improve strength, stamina and flexibility, and are non-sporting events in nature (I.e., basketball, volleyball), may be approved.D. Evaluations: Employees shall be evaluated quarterly by their supervisor or the Department Medical Officer in the areas of:1) Weight/body fat 2) Resting heart rate 3) Blood pressure 4) Exercise heart rate (Karch level) as described in the Good Health Through Physical Fitness manual The above will be recorded and forwarded to the Department Medical Officer for file and evaluation. Personnel unable to maintain their weight/body fat will be placed on a weight control program administered by the Department Medical Officer, which consists of:1) Three (3) month weight reduction of at least two (2) pounds per month 2) Monthly progress reports until they reach their maximum allowed weight/body fat 3) Monitored for three (3) months to ensure weight is maintained Personnel not maintaining their proper weight/body fat or progress towards their allowed weight may be placed on a progressive program that includes:1) Mandatory physical fitness program 2) Counseling 3) Progressive disciplinary action, for just cause in accordance with the terms and conditions of the Memorandum of Understanding E. Responsibilities: 1) The City shall continue to provide physical exams for all department safety employees as previously established 2) The department shall designate a "Medical Officer" to coordinate, maintain records and establish compliance 3) The department shall provide the following at each station: Exercise mats, 3' x 6' outdoor carpet Bench step for exercise and evaluation Skip rope Weight scale ARTICLE XV NO STRIKE - NO LOCKOUT s..E.CTION 15.1. Association ProhibitedConduct. 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 SeGtion 15.1 above, and return to work.21 If the Association acts in good faith to meet its responsibilities as set forth above, the Association, its officers, agents, representatives 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 of this Article. ARTICLE XVI CITY RIGHTS SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been abridged by specific provision(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 exclusive 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 activity provided 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 of financing. 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 relieve employees from duties for lack of work or similar non- disciplinary reasons subject to negotiations as required by law. J. 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. L. 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 providing 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 significant 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 provided for in this Memorandum of Understanding. ARTICLE XVII DISCIPLINE AND DISCHARGE: RULES AND REGULATIONS SECTION 17.1. The City shall have the right to discipline (up to and including suspension of employees) and discharge regular employees for " just 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 discriminatory. ARTICLE XVIII PROBATIONARY PERIOD (NEW EMPLOYEES) SECTION 18.1. The probationary period for new employees shall be for a period of one (1) year (26 pay periods from date of hire) in order to demonstrate suitability for the job. SECTION 18.2. For good cause, with the approval 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. s..E.CTION 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 relieved of any asserted discrepancy. ARTICLE XX GRIEVANCE - PROCEDURE SECTION 20.1. Grievance Defined. A grievance shall be defined and limited to a dispute or controversy 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. 24 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 representative 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 the grievance. TION 20.4. Timely Filing and Processing of Grievances. Any grievance not filed within the time limit set forth herein shall be barred and waived. Any grievance not timHly processed through the next step of the grievance procedure shall be considered resolved in accordance with the prior answer of the City. SECTION 20.5. Steps of Grievance Procedure. A. Step I. A grievance must be filed, in writing, with the Fire Chief or his designee within twenty (20) calendar days after the grievant knew, or in the exercise of reasonable diligence should have known, of the event giving 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. Step II. If grievant 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 representative, and shall submit a written response thereto within ten (10) calendar days of receipt of the written appeal. ARTICLE XXI 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 govern 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. 25 SECTION 21.3. Reparability 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.CTION 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 Regulations 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 over, this Memorandum of Understanding will be reinstated immediately. The Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provision in the Memorandum of Understanding during the course of the 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, 1998 and shall continue in effect to and including February 28, 2001.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 covered 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 representatives of the City and the Association and entered into this _ day of _,1998. ORANGE CITY FIRE MANAGEMENT ASSOCIATION By: :euv '.~ By: .;;J,-J fA) l)...v~ 2t' By: By: By: By: 27 FIRE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES THREE PERCENT (3%) SALARY INCREASE EFFECTIVE 06/21/98 CLASSIFICATION RANGE STEP A STEP B STEP C STEP 0 STEP ESTEP F Battalion Chief 551 5568 5852 6151 6464 6794 7141 THREE PERCENT (3%) SALARY INCREASE EFFECTIVE 06/20/99 CLASSIFICATION RANGE STEP A STEP B STEP C STEP 0 STEP ESTEP F Battalion Chief 557 $5737 $6030 $6338 $6661 $7000 $7357 JHREE PERCENT (3%) SALARY INCREASE EFFECTIVE 06/18/2000 CLASSIFICATION RANGE STEP A STEP B STEP C STEP 0 STEP ESTEP F Battalion Chief 563 $5912 $6213 $6530 $6863 $7213 $7581 28 VACATION BENEFITS SCHEDULE 1 Fire Battalion Chiefs who work fire suppression shall accrue vacation on the following basis: ACCRUAL RATE 12.56 HOURS = 1 DAY Years of Hours per Days per Shifts ice Year Year Per Year 1 138.0 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 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 subject to meet and confer. 29 VACATION BENEFITS SCHEDULE 2 Fire Battalion Chiefs who work a regular work week of 40 hours shall accrue vacation on the following basis: Years of Approx. Workdays Hours Per Workdays ice Per Month Month Per Year 1 0.917 7.333 11.00 2 0.938 7.500 11.25 3 1.042 8.334 12.50 4 1.146 9.167 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 2.167 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 30