RES-8708 MOU Fire Management Association effective 3-01-1996 to 02-28-1998RESOLUTION NO. 8708
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING THE TERMS OF
THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE FIRE MANAGEMENT ASSOCIATION
CONCERNING WAGES, HOURS, AND WORKING
CONDITIONS OF EMPLOYMENT FOR THE
PERIOD OF MARCH 1, 1996 THROUGH AND
INCLUDING FEBRUARY 28,1998.
WHEREAS, the City of Orange, hereinafter referred to as "City"
and the Orange Fire Management Association have met and consulted in
accordance with the requirements of the Meyers-Milias-Brown
Act; and WHEREAS, City and the Orange Fire
Management Association have agreed upon amending the Memorandum
of Understanding Resolution No. 8666 concerning wages, hours, and other
conditions of employment effective March 1, 1996 through and including
February 28,
1998; and WHEREAS, the City offered to reverse the order
of salary increases for Fire Management to match those provided to the
Fire Union and to maintain internal alignment of salary
structures; and WHEREAS, the Orange Fire Management Association
has met and ratified the terms of the agreement as outlined in
the
attached addendum.NOW, THEREFORE, BE IT RESOLVED that the City
Council of the City of Orange does hereby adopt the changes to
the existing Memorandum of Understanding between City and the
Orange Fire Management Association as set forth in the
attached addendum.November
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 ~tday of
Nov"mh,," ,
19 3fL by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ii
INDEX
Article No. Title of Article Pace No.
r-
Recognition 1
II Non-Discrimination
1 III Salaries
1 IV Work Week - Work Schedule 4
V Overtime Call Back Pay; Shift Exchange 5
VI Insurance Program 7
VII Educational Reimbursement and Incentive Program 8
VIII Uniforms 9
IX Holidays 9
X Vacation 11
XI Other Leaves of Absence 12
XII Retirement 16
XIII Travel Expense Allowed 17
XIV Safety Standards 17
XV No Strike - No Lockout 20 XVI
City Rights 20 XVII
Discipline & Discharge: Rules & Regulations 22 XVIII
Probationary Period (New Employees) 22 XIX
Payroll Deductions 22 XX
Grievance - Procedure 23 iii
Article No. Title of Article Pace No.
XXI Scope and Application 24
XXII Term of Memorandum of Understanding 25
XXIII Waiver of Bargaining During Term of Agreement 25
XXIV Ratification and Execution 25
Appendix "A" Monthly Salary Ranges 27
Appendix "B" Vacation Benefits - Schedule 1 28 Appendix "
B" Vacation Benefits - Schedule 2 29 iv
Article I
RECOGNITION
SECTION 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
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 Comoensation
Plan. A Schedule of job classifications together with salary rate ranges is set forth in
Appendix "A" and attached hereto. Said salary
SECTION 3.2. Hourlv Rate.
A. Suooression 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. Becinninc 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.
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.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
his duties.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
1) The Fire Chief shall file with the Personnel Director a statement
recommending the granting or denial of the merit increase and
supporting such recommendation with specific reasons therefor.
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. Any disapproval of the request shall be
returned to the Fire Chief with a statement of the reasons for
disapproval of the request.
3) Advancement through the pay range step "A" through step "F" shall
occur in yearly increments.
B. Soecial 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.
C. Lencth of Service Recuired 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.
A. Salarv. 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.
B. Probationarv 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.
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:
A. Salary rates shall be reduced by at least one (1) step, and
B. The new salary rate must be within the salary range for the classification to
which demoted.
SECTION 3.8. Assicnment Pay. Fire Battalion Chiefs assigned as Division
Chiefs by the Fire Chief to the Operations and Support Services Divisions, shall
receive a ten (10%) percent salary increase over the base pay of the Battalion Chief
position. Fire Battalion Chiefs assigned to Training shall receive a seven and one-
half 7.5%) 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. Suooression Personnel. Fire suppression personnel will work
an average 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, five (5) consecutive eight (8) hour
days.
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
shall continue in
effect.SECTION4.4. The work cycle for sworn Fire Department
suppression personnel will be twenty seven (27)
days.
Article V
OVERTIME CALL BACK PAY: SHIFT EXCHANGE
COMPENSATORY 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.
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 and approved by the City Manager. 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.SECTION 5.2. Payment uoon Termination. Employees shall
be entitled to receive payment for all accumulated compensatory time
upon their termination.SECTION 5.3. Usace of Comoensatorv Time
Previously Earned. Accumulated compensatory time off may be taken by an employee upon
reasonable notice and prior approval of
the Fire Chief.SECTION 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
OVERTIME (PAID OVERTIME)
SECTION 5.5. Compensatory time shall be paid at the regular rate of payor
equal time off, when authorized by the Fire Chief and approved by the City Manager.
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 eligible
for premium"
pay.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.SECTION 5.6. Nothing herein is intended to limit or restrict the authority
of the City to require any employee to perform
overtime work.CALL
BACK PAY SECTION
5.7.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 and by the
City Manager.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
T.T .SHIFT
EXCHANGE SECTION
5.8.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
PROGRAM SECTION
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 October 1, 1992, the City shall contribute $
469 per month for active employees towards the Flexible Benefits Plan
to provide funds for optional dental plans, vision plans, health plans, or miscellaneous
pay. The City's payment toward the Flexible Benefit Plan is exclusive
of the $16.00 payment in Section B above.D.
Any amounts in excess of the amounts designated in Section B and
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 7
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 $469 per month 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.
SECTION 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.
SECTION 6.3. Disability Insurance. The City shall contribute 0.9% of the
employee's monthly salary for the employees described herein towards a long term
disability plan with a maximum long term disability benefit of $3,333 per month.
Article VII
EDUCATIONAL REIMBURSEMENT AND INCENTIVE PROGRAM
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. Educational reimbursement payments to an employee shall not
exceed $400 in one (1) year and he must still be employed by the City when the
course is completed.
SECTION 7.3. Educational Incentive Procram. 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.
8
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
aBachelor's
Degree.Article
VIII
UNIFORMS SECTION 8.1. The City of Orange shall purchase uniforms for all
regular uniformed members of the Fire Department. Effective October 1, 1992,
total expenditures for the Fire Department shall not exceed $300 per year per
uniformed officer. All uniforms thus purchased shall remain the property of the City of
Orange.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 SECTION 9.1. Fire Department employees shall have the following ten (
10)legal holidays, plus two floating holidays, in accordance with this
Article:1) January
1 2) The third Monday in
February 3) The last Monday in
May 4) July
4 5) The first Monday in
September 6) November
11 7) Thanksgiving
Day 8) Day after
Thanksgiving 9) 1/2 day before
Christmas 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 such legal holidays off with pay.
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 a holiday.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 City shall provide two (2) floating holidays for all employees
in this unit effective September 29, 1996 which are required to be utilized by
December 31, 1996.Effective December 22, 1996, the City shall provide an additional
two (2) floating holidays for all employees in this unit, which must be utilized by
December 31, 1997.Effective December 21, 1997, the City will again provide two (2) floating
holidays to all employees in this unit, which must be utilized by
December 31, 1998.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 wno terminate their employment with the City prior to
using their floating holidays shall receive cash reimbursement
for
Article X
VACATION
SECTION 10.1. Fire Department Management employees shall be entitled to
vacations as follows:
See Appendix "B", Vacation Benefits
SCHEDULE 1: For Battalion Chiefs who work an average 55.9
hour work week.
SCHEDULE 2: For Battalion Chiefs who work a regular forty (40)
hour work week.
SECTION 1 0.2. 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 City
Manager.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
automatically paid.SECTION 10.3. An employee may convert up to fifty percent (50%)
of his current annual vacation accrual into pay in lieu oftime off with pay.
Such conversion may be so accomplished once in each
calendar year.SECTION 10.4. Employees who terminate their employment with the
City prior to one (1) year of full-time employment shall not accrue any vacation
benefits either in cash reimbursement or time off prior to their termination, except
as
otherwise provided bylaw.SECTION 10.5. Employees who terminate their employment with
the City after one (1) year of full-time employment shall receive the pro-
rata portion of their vacation pay in cash reimbursement. Employees who terminate
their employment with the City after one (1) continuous year of full-time
employment shall
receive
Article XI
OTHER LEAVES OF ABSENCE
SECTION 11.1. Leave Without Pay. A regular employee, not under
suspension, may make application for leave without pay. If the Fire Chief 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, excluding sick leave. No employment benefits
shall accrue to any employee on leave of absence without pay. 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.
An employee on leave of absence must give the City notice of his intention to
return to work five working days prior to the next scheduled shift.
Any employee who engages in outside employment during said leave of
absence without prior approval of 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.
SECTION 11.2. Personal Necessitv 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. Jurv Dutv. 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. Militarv 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
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, eight (8) hours for each working
day an employee is
absent.SECTION 11.6. Sick leave Usace. 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
one eight (8) 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 five (5) 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
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 (%) hour,
while additional actual absence of over one-half (%) 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 and curbing
sick leave usage.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 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 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
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
Law.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.
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.
16
Article XIII
TRAVEL EXPENSE ALLOWED
SECTION 13.1. Automobile Allowance. Expense claims for the use of private
automobiles must be submitted to the City Manager through the Fire Chief via the
Finance Director. Such use, if approved, will be reimbursed at the rate of thirty ($0.30)
cents per mile.
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 of thirty ($0.30) cents per mile may be approved for use of personal
cars when City
cars are not available.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, 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 at
actual cost.
Article
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 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", LA 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
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 19
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 Resoonsibilitv. 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 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:20
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.
21
P. To take any and all necessary action to carry the mission of the
Agency in emergencies as set forth in Article XXI, Section 21.4 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
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
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.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 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.SECTION 20.3. Aoolication 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.SECTION20.4. Timely Filinc and Processina of Grievances. Any
grievance not filed within the time limit set forth herein shall be barred and waived.
Any grievance not timely 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. Steos 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 Aqreement. 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.
SECTION 21.3. Seoarabilitv 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.SECTION21.4. Emerqency 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 Acreement. The term of this Memorandum of
Understanding shall commence on March 1, 1996 and shall continue in effect to and
including February 28, 1998.
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 _' 1996.
25
CITY OF ORANGE ORANGE CITY FIRE MANAGEMENT ASSOCIATION
By: By:
By: By:
By: By:
By: By:
26
APPENDIX "A"
FIRE MANAGEMENT ASSOCIATION
MONTHLY SALARY RANGES
After After After After After
Begin. 1 Yr. 1 Yr. 1Yr. 1 Yr. 1 Yr.
Classificalion Tille Effeclive Dale Ranqe SlepA Slep B SlepC SlepD Slep E Slep F
Fire Battalion Chief 12/24/95 534 $5116 5376 5651 5939 6242 6560
Fire Battalion Chief 12/22/96 540 $5271 5540 5822 6119 6431 6759
Fire Battalion Chief 12/21/97 545 $5404 5680 5969 6274 6594 6930
27
APPENDIX "B"
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
Service
Hours per
Year
Days per
Year
Shifts
Per Year
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
138.0
141.3
157.0
172.7
188.0
194.3
200.6
206.9
213.2
219.5
225.8
232.1
238.4
244.7
251.0
257.3
263.6
269.9
276.2
282.5
288.8
295.1
301.4
307.7
314.0
320.3
326.6
332.9
339.2
345.5
11.00
11.25
12.50
13.75
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
20.50
21.00
21.50
22.00
22.50
23.00
23.50
24.00
24.50
25.00
25.50
26.00
26.50
27.00
27.50
5.75
5.88
6.54
7.20
7.83
8.10
8.36
8.62
8.88
9.15
9.41
9.67
9.93
10.20
10.46
10.72
10.98
11.25
11.51
11.77
12.03
12.30
12.56
12.82
13.08
13.35
13.61
13.87
14.13
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.
28
APPENDIX "B"
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
Service Per Month Month Per Year
1 0.917 7.333 11.00
2 0.938 7500 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
29