RES-8365 MOU Fire Management Association effectiveRESOLUTION NO. 8365
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE
AMENDING AND EXTENDING 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 JUNE 26,1994, THROUGH AND INCLUDING
JUNE 24, 1995.
WHEREAS, the City of Orange, hereinafter referred to as "City" and the Orange Fire
Management Association has 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 amendments and extension of the Memorandum of Understanding Resolution
No. 7672 concerning wages, hours, and other conditions of employment effective June 26,
1994 through June 24,
1995; and WHEREAS, the Orange Fire Management Association has met and ratified the
terms of the agreement as outlined in the attached
addendum; and WHEREAS, such changes as have been agreed upon by both City and the
Orange Fire Management Association represent meaningful efforts on the part of both parties to
address the ongoing financial difficulties and resulting budget shortfall currently faced by
the City.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.ADOPTEDthis ....l2.tl1day of ,Jill
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94.ATTEST:f~~~~City Cler f
the it~
Orange GENE BEYER Mayor of the
City ofOrangeBy:
ali~~Pro em 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
12th day of Tllly ,19.9L by
the
following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS SPURGEON, BP,
RRER",
COONTZ, MURPht
ADDENDUM TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE ORANGE FIRE MANAGEMENT
ASSOCIATION, RESOLUTION NO. 7672
This Addendum is entered into by and between the City of Orange ("City") and the Orange Fire
Management Association ("Unit").
On June 22, 1994, the City and Unit met and discussed alternatives to reduce the ongoing City's
budget shortfall. The discussions resulted in an addendum which will extend the current
Memorandum of Understanding (MOU) between the City and the Unit. Both parties have
agreed to the following:
1. Term of Aareement: Extend the existing MOU, Resolution 7672 to continue through June 24,
1995.
2. Health Insurance - Article VI. Section 6.1: 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). The PERS Health Benefits
Plan shall replace any other health benefits program maintained by the City for eligible
employees, eligible retirees, and their eligible surviving annuitants.a.
Except as provided in Section 4(b) 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 extent required by law, each eligible retiree annuitant of PERS,
an equal contribution of $16.00 per month.b.
Flexible Benefits Plan. The City shall contribute $469.00 for active full time eligible 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
4(a).c.
Any amounts in excess of the amounts designated in Section 4(a) and (b) necessary to
maintain benefits under any benefits plan selected by the employee shall be borne by the employee.
d.
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 $469.00 towards 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.
3. Staffina to Reduce Overtime: The City will utilize a 40-hour staff Battalion Chief to work
up to a maximum of one day (one 12-hour shift) in a five day work week (
Monday through Friday) for sick leave, and/or industrial leave coverage, through June
24, 1995.4. PERS Retirement - Article XVI. Section 12.1. 12.2. and 12.3: In compliance with
Resolution 7672, Article XVI, Section 12.1, 12.2 and 12.3, effective July 1, 1994, the City
will discontinue the current practice of allowing employees to pay their own PERS
contribution during the last year of employment. The City will return to the former practice wherein
the City pays the employee's contribution to
PERS.
FIRE MANAGEMENT ASSOCIATION
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LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE ORANGE CITY FIRE MANAGEMENT ASSOCIATION
This Letter of Understanding (the "LOU" ) is entered into by and between the
City of Orange ( the "City" ) and the Orange City Fire Management Association ( the
Association") on August 8,1995.
1. PREAMBLE / BASIS FOR AGREEMENT
a. In June 1995, the Association and the City engaged in discussions concerningfiscalproblemsthattheCitycontinuestoencounter. Such discussions resulted
in a Letter of Understanding relating to the terms and conditions of the
Memorandum of Understanding between the City and the Association.
2. TERM OF AGREEMENT
a. This letter shall remain in full force and effect for not more than 8 months, to and
including February 28, 1996. Except as set forth herein, the terms of the
Memorandum of Understanding between the City and the Association shall be
extended and remain in full force and effect during this period.
3. SALARY
a. Effective January 1, 1996, the base salaries shall be increased by 2%.
4. AMEND SECTION 5.5. OF THE "M.O.U." TO READ:
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.Page
5.5b - 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.
5. The City agrees that should any other employee unit negotiate for increases in
wages and benefits in excess of those specified in this Letter of Understanding
those increases shall automatically become part of this agreement.
6. The City and the Association acknowledge that this Letter 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 Letter of
Understanding is hereby executed by the authorized representatives of the City
and the Association and entered into this 8th day of August, 1995.
ORANGE CITY FIRE MANAGEMENT
ASSO~~TION
By:
CITYOFO NGE
By:
By:By:
Page 2.
Effective December 24. 1995
Class Title Range
6560FireBattalionChief534
APPENDIX "A"
Fire Management Association
Monthly Salary Ranges
Begin
Step A
Aft 1 yr
Step B
Aft 1 yr
Step C
5116 5376 5651
Aft 1 yr
StepD
5939
Aft 1 yr
Step E
6242
Aft 1 yr
Step F