RES-10995 Memorandum For Orange City Fire FightersRESOLUTION NO. 10995
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE REPEALING RESOLUTION
NO. 10698 AND APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF
ORANGE AND THE ORANGE CITY FIRE
FIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, AFL -CIO CONCERNING WAGES,
SALARIES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT EFFECTIVE
JULY 1, 2015 THROUGH JUNE 30 2017.
WHEREAS, the City of Orange, hereinafter referred to as "City ", and the Orange City
Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL -CIO
hereinafter referred to as the "Union" have met and conferred in accordance with the
requirements of the Meyers - Milias -Brown Act; and
WHEREAS, the City and the Union have reached agreement on wages, salaries, and
terms and conditions of employment effective July 1, 2015 through June 30, 2017 and have
repealed Resolution No. 10698 thereto for said employees, as more particularly set forth in the
Memorandum of Understanding; and
WHEREAS, on November 10, 2015 the City Council of the City of Orange adopted
Resolution No. 10909, A Resolution of the City Council of the City of Orange Establishing a
Letter of Understanding Between the City of Orange and the Orange City Fire Fighters, Inc.
Local 2384 of the International Association of Fire Firefighters, AFL -CIO effective July 1,
2015 through June 30, 2017; and
WHEREAS, the City and the Union agreed to incorporate the provisions contained in the
Letter of Understanding noted above into a new Memorandum of Understanding once both
parties had an opportunity to review and concur on any and all language changes included in
the new Memorandum of Understanding;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange
that the attached Memorandum of Understanding is approved and incorporated by reference as
Exhibit "A" as though fully set forth herein.
ADOPTED this 14th day of February 2017.
C)W;' a0c, AZ a
Teresa t. Smith, Mayor, City of Orange
ATTEST:
Mary E. Mu y, City Clerk, City of brAge
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 14th day of February 2017, by the following
vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Murphy, Nichols
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Alvarez
ABSTAIN: COUNCILMEMBERS: None
Mary E urph , ity Cler , ity o O ge
Resolution No. 10995 2
Exhibit " A "
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIRE FIGHTERS, LOCAL 2384
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS,
AFL -CIO
JULY 1 2015 THROUGH JUNE 30 2017
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIRE FIGHTERS, LOCAL 2384
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL -CIO
TABLE OF CONTENTS
Article No.Title of Article Page No.
I Recognition of Union 1
11 Non - Discrimination 1
III Salaries 1
IV Work Week - Work Schedule 6
V Overtime Call Back Pay: Shift Exchange 7
VI Health Insurance 10
VII Educational Assistance, Professional Development &12
Incentive Programs
VIII Uniforms 13
IX Holidays 14
X Vacation 15
XI Other Leaves of Absence 17
XII Retirement 22
XIII Travel Expense Allowed 24
XIV Safety Standards 25
XV No Strike - No Lockout 27
XVI City Rights 27
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Article No.Title of Article Page No.
XVII Discipline & Discharge: Rules & Regulations 29
XVIII Probationary Period (New Employees)30
XIX Payroll Deductions 31
XX Union Representation 31
XXI Grievance - Arbitration Procedure 32
XXII Scope & Application 35
XXIII Term of Memorandum of Understanding 35
XXIV Ratification and Execution 36
Appendix A Vacation Benefits - Schedule 1 37
Appendix A Vacation Benefits - Schedule 2 38
Appendix A Vacation Benefits - Schedule 3 39
Appendix A Vacation Benefits - Schedule 4 40
Exhibit B Salary Ranges 41
Exhibit C Operations Staffing Policy 44
Exhibit D Operational Assignment Bid Policy 58
7776749.3 OR020 -056
Article I
RECOGNITION OF UNION
SECTION 1.1. Pursuant to an Exclusive Recognition Election conducted and certified by the
California State Conciliation Service on May 15, 1977 and the Employer - Employee
Relations Policy of the City of Orange, the City of Orange (hereinafter the "City "),
recognizes the Orange City Fire Fighters, Inc. Local 2384 of the International Association of
Fire Fighters, AFL -CIO (hereinafter, the "Union ") as the exclusive representative of
employees in the following unit:
1) Included: All employees of the Fire Department.
2) Excluded: Fire Chief, Executive Assistant, Clerical Employees,
Emergency Medical Services Manager, and Fire Battalion Chief.
SECTION 1.2. Any modification or interpretation of the rights of the parties concerning
recognition set forth above shall only be established in accordance with State law.
Article II
NON - DISCRIMINATION
SECTION 2.1. The parties mutually recognize and agree to protect the rights of all
employees herein to join and/or participate in protected Union 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. In accordance with state and federal law, the City and the Union agree that
they shall not discriminate against any employee on the basis of actual or perceived race,
color, sex, gender, gender identity, age, national origin, religious creed, ancestry, physical
disability, mental disability, medical condition, marital status, or sexual orientation,
pregnancy, childbirth or related medical condition, status as a covered veteran, or service in
the uniformed services (as defined by the Uniformed Services Employment and
Reemployment Rights Act of 1994) or any other lawfully protected class. The City and the
Union shall reopen any provision of this Agreement for the purpose of complying with any
final 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.
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Article III
CAI,AR1Rq
SECTION 3.1. BASIC COMPENSATION PLAN. A schedule of job classifications
together with salary rate ranges is set forth in Exhibit `B" and attached hereto. Said salary
rates shall be effective as indicated. All employees within the bargaining unit shall be
classified in a classification in accordance with the terms of Exhibit "B ".
Base salaries for employees covered by this Agreement, effective November 1, 2015 (for all
represented employees), and June 26, 2016 (for non -sworn employees) and August 7, 2016
for sworn employees) are listed in Exhibit "B ".
SECTION 3.2. BEGINNING RATES. A new employee of the City of Orange shall be paid
the rate shown in Step "A" in the range allocated to the class of employment for which
he /she has been hired, except that on the request of the Fire Chief under whom the employee
will serve, and with authorization of the Human Resources /Employee Relations Director,
such employee may be placed in Step "B ", "C", "D ", or "E ", depending upon the employee's
qualifications. Personnel in classifications that have an assigned rate will be placed at the
assigned rate.
SECTION 3.3. SERVICE. The word service, as used in this Agreement, shall be defined to
mean continuous, full -time service in his /her 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. A lapse of service by any employee for a period of time longer than thirty (30)
calendar days by reason of resignation or discharge, except forced layoff, shall
serve to eliminate the accumulated length of service time 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 /she may be re-
employed within one (1) calendar year and placed in the same salary step in the
appropriate compensation range as he /she was at the time of the termination of
employment.
SECTION 3.4. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall
govern salary advancements within ranges:
A. Merit Advancement Effective January 1, 2001, employees shall be considered
for advancement from Step "A" to Step "B ", or from Step "B" to Step "C ", or
from Step "C" to Step "D ", or from Step "D" to Step "E ", upon completion of the
minimum length of service as specified in Subsection 3) below. A merit increase
shall become effective the first pay period following the completion of the length
of service required for such advancement. Advancement through the salary steps
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7776749.3 OR020 -056
shall be granted when an employee demonstrates ability and proficiency in the
performance of his or her duties. Such merit advancement shall require the
following:
1) The Fire Chief shall file with the Human Resources /Employee Relations
Director a Personnel Action Form and a completed Performance
Evaluation Form recommending the granting or denial of the merit
increase and supporting such recommendation with specific reasons
therefore. Any disapproval of the request shall be returned to the Fire
Chief with a statement of the reasons for disapproval of the request.
2) The recommendation of the Fire Chief and the approval of the Human
Resources /Employee Relations Director shall be forwarded to the Payroll
Division of the Finance Department for change of payroll status.
3) Advancement through the pay range Steps "A" to "B ", "B" to "C ", "C" to
D ", and "D" to "E ", shall occur in yearly increments; provided, however,
that employees promoted or hired prior to November 6, 2011 shall
continue advancement within the salary schedule existing at the date of
their promotion or hire until the date of their next promotion, i.e., Fire
Engineers and Fire Fighters shall advance through pay range Steps `B" to
C" and "C" to "D" in six (6) month increments.
B. Special Merit Advancement. When an employee demonstrates exceptional
ability and proficiency in the performance of his/her duties, the Fire Chief may
recommend to the Human Resources /Employee Relations 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 Human
Resources /Employee Relations Director may, on the basis of a Fire Chiefs
recommendation, approve and effect such advancement.
C. Length of Service Required When Advancement is Denied. When an employee
has not been approved for advancement to the higher salary step, he /she may be
reconsidered for such advancement at any subsequent time. This
reconsideration shall follow the same steps and shall be subject to the same
action as provided in the above paragraph of this section.
SECTION 3.5. WORKING OUT OF CLASS.
A. Employees in the Fire Department temporarily upgraded to the classification of
Battalion Chief, Fire Captain, or Fire Engineer shall receive a five percent (5 %)
pay differential for all hours worked in the higher job classification, if they are
assigned to work in the higher job classification for a period of one -half (%) of
one (1) complete work shift or longer.
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B. In no event shall the employee be paid at a step of the class in which the
employee receives less than a five percent (5 %) increase in pay.
C. Working out of class into a lower ranking position shall only be permitted under
emergency situations (as defined by MOU Article V, Section 5.6 A), or prior to
any mandated overtime (i.e., a draft). Safety members shall be asked to backfill
unfilled positions on the daily roster on an overtime basis through the Telestaff
system if no member is signed up on the voluntary call back list for the
classifications of Fire Engineer and/or Firefighter, as appropriate for that shift.
These safety members shall have the sole discretion to accept or decline the
request. The Fire Department will maintain a daily secondary list of volunteers
who will accept a work down assignment into a lower suppression rank, for
which the member is qualified. Preference for daily backfill assignments shall be
based on accumulated hours, i.e., the member with the least hours signed up for
that date of the backfill assignment shall be given the work down overtime.
Questions regarding situations that are not specifically defined in the MOU shall
be answered using the Department's Staffing Policy.
Safety members who accept the work down assignment shall be compensated for
all such time worked in that capacity at the rate of 1 %2 times the regular rate of
pay of the top step of the classification of the backfilled position. "Volunteers"
shall be paid in cash compensation only, with no compensatory time off provided
in lieu of cash compensation.
SECTION 3.6. PROMOTION.
A. Salary. When an employee is promoted to a position in a higher classification,
he /she 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 /she may be placed in that appropriate
salary range as will grant him/her an increase of at least one (1) salary step. At
the discretion of the Fire Chief and the Human Resources /Employee Relations
Director except for those positions that are paid at a flat rate, an employee may be
granted a two or three salary step increase upon promotion.
B. Probationary Period. An employee who is promoted to a class shall serve a
probationary period during which he /she shall have an opportunity to
demonstrate suitability for the job. For safety members, the probationary period
shall be twenty -six (26) pay periods from the promotion or date of hire for lateral
appointments. For good cause, with the approval of the Human
Resources /Employee Relations Director and concurrence of the Union and the
employee, 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,
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7776749.3 OR020 -056
in writing. Such notice 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.
C. Rate of Pay. If an employee's rate of pay is greater than the rate of pay in the
classification to which he /she is being promoted, said employee shall remain at
their higher rate of pay until their new classification either matches or passes that
employee's rate of pay. For example, if a Fire Fighter /Paramedic is promoted to
Fire Engineer, he /she shall continue to be paid at the Fire Fighter /Paramedic rate,
until such time that the top step of pay for Fire Engineer exceeds the top step rate
of a Fire Fighter /Paramedic.
D. Probationary Period for Temporary Employs_ Employees who are temporarily
promoted for a period of twenty -six (26) straight pay periods shall be deemed to
be permanently promoted and to have fulfilled their probation for that promotion.
Time served by an employee in an "Out of Class" capacity shall count toward the
total probation period, if said employee is formally promoted.
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 provision:
A. The new salary rate must be at the top step of the salary range for the
classification to which demoted.
SECTION 3.8. PARAMEDICS.
A. Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall receive
in addition to their base salary, an additional fourteen (14 %) per month to be
computed based on the "E" step of the Firefighter classification. Moreover, any
Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall
receive, in addition to their base salary, an additional $50 per month upon the
first re- certification; an additional $50 per month upon each subsequent re-
certification up to a maximum of four re- certifications.
B. The City agrees to provide a compensation plan for employees attending
Paramedic training which will provide the student Paramedic a five percent (5 %)
bonus, in addition to their base salary, upon successful completion of the College
final examination prior to the start of the field internship.
SECTION 3.9. ASSIGNMENT PAY.
A. Fire Administrative Captain, Fire Prevention Captain, and Fire Training Captain
shall receive fifteen percent (15 %) above the Fire Captain's pay.
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7776749.3 OR020 -056
B. The Fire Safety Specialist assigned to perform the Plans Examiner function or the
Hazardous Materials Specialist function will receive ten percent (10 %) above
their base pay.
SECTION 3.10. BILINGUAL BONUS. Employees covered under this agreement who meet
the condition below shall receive an additional one hundred forty ($140.00) per month, per
employee, in addition to their regular salary.
Employees shall be required to demonstrate bilingual competency to be eligible for Bilingual
Assignments, and must demonstrate continued proficiency annually, thereafter. The Human
Resources Department shall be responsible for developing and conducting bilingual skill
competency tests. Bilingual Assignments shall be limited to those languages for which there
is a demonstrated need for Fire Department personnel as determined by the City.
SECTION 3.11. EMT RESCUE TRANSPORT BONUS. Effective July 1, 2006, Fire
fighters assigned to rescue /transport shall receive $200.00 per month during the period of
such assignment. EMT -P's are not eligible for this bonus.
SECTION 3.12. CRIME SCENE INVESTIGATOR BONUS. Effective March 1, 2010,
Fire /Arson Investigators assigned to perform duties as Crime Scene Investigators shall
receive $250.00 per month in addition to their base salary during the period of such
assignment. Fire /Arson Investigators may be assigned at the discretion of the Fire Chief or
his designee.
SECTION 3.13. TRAINING COMPANY BONUS. Effective March 1, 2008, personnel
assigned to the Training Company Engine, Squad, and Truck shall receive $100 per month
for the period of said assignment.
Article IV
WORK WEEK - WORK SCHEDULE
SECTION 4.1. SUPPRESSION 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, or four (4) ten
10) hour days, or a 9/80 work schedule. Meal periods will be considered time worked as
provided by FLSA for safety employees on a 4/10 work schedule.
SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule
consisting of twenty -four (24) hour shifts commencing at 0700 shall continue in effect.
7776749.3 OR020 -056
SECTION 4.4. The work cycle for sworn Fire Department suppression personnel will be
nine (9) days within a 27 -day work period.
SECTION 4.5. STAFFING POLICY. The City and the Union shall follow the Staffing
Policies, contained in General Order 200.02 Operations Staffing and 200.11 Operational
Assignment Bid, copies of which are attached hereto as Exhibits C and D, respectively, and
incorporated herein by reference as though set forth in full.
Article V
OVERTIME CALL BACK PAY: SHIFT EXCHANGE
SECTION 5.1. COMPENSATORY OVERTIME. 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 the premium rate of one and one -half
1' /2) hours of compensatory time for each one (1) hour of overtime actually
worked in excess of the employee's regularly scheduled working hours for a work
period.
B. For employees having an average work week of forty (40) hours, compensatory
time shall be accumulated at the premium rate of one and one -half (1' /2) hours 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 at the
premium rate (time and one - half), except for call back in accordance with this
Article.
D. Compensatory time for overtime will be accumulated in one - quarter ( hour per
day increments. Where an employee works less than one - quarter ( hour per
day of overtime, the employee shall not receive compensatory time for overtime
of less than one - quarter ( 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 Human Resources /Employee Relations Director.
Accumulated compensatory time not taken off in the calendar year in which it
was earned may be carried over to the next year in accordance with Section 5.3C.
E. Effective September 30, 1993, Suppression Personnel shall have the opportunity
to accrue "Comp Time" for time worked in the following manner: If the
employee works a 24 -hour overtime shift, he /she may elect to receive up to a
maximum of 24 hours of comp time and 12 hours cash for FLSA premium pay.
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F. At the sole discretion of the Fire Chief, Fire suppression (safety) employees
having an average workweek of 55.9 hours may be granted exemption from
voluntary and involuntary ( "draft ") overtime due to extenuating circumstances.
The exemption period granted will typically be for six months, but can be
extended or shortened at the sole discretion of the Fire Chief, or his/her
designees, due to extenuating circumstances. Exempt employees must exempt
themselves from both voluntary and involuntary ( "draft ") overtime, not one or the
other.
SECTION 5.2. PAYMENT UPON TERMINATION. Employees shall be entitled to receive
payment for all accumulated compensatory time upon their termination.
SECTION 5.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.
A. Accumulated compensatory time off may be taken by an employee upon
appropriate entry in Telestaff or prior approval of the Fire Chief or his designee,
in accordance with the staffing policy.
B. Effective February 10, 2013, accrual of non -FLSA Compensatory Time Off shall
be capped at 96 hours for all employees.
1. Upon promotion, all existing compensatory time off hours shall be paid off
at the pay rate prior to promotion.
2. Employees may convert unused compensatory time off to cash
compensation at any time upon request of the employee.
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 one - quarter (
hour.
SECTION 5.5. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at the
regular rate of pay or equal time off, when authorized by the Fire Chief and approved by the
Human Resources /Employee Relations Director. Overtime shall be paid in accordance with
the existing requirements of the Fair Labor Standards Act ( "FLSA "). All "premium"
overtime hours worked by covered (non- exempt) employees (either regular 40 -hour work
week or 24 -hour day /56 -hour "suppression" work week) shall be compensated at one and
one -half (1' /2) the employee's regular rate of pay. Half -time overtime (premium pay) shall
be calculated on a 27 -day FLSA cycle and will be received during the pay period following
the end of the 27 -day cycle in which it is worked. Regular scheduled hours worked, minus
leave time taken, plus overtime worked, determines actual hours worked. Employees are
entitled to premium pay (half time) on actual hours worked in excess of 204 hours during the
27 -day FLSA cycle.
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SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to
require any employee to perform overtime work pursuant to the current "draft box" rotational
procedure. Such procedure may be changed pursuant to agreement between the Union and
the City. Except in emergency situations (as defined by paragraph "A" below), all overtime
coverage (sick leave, vacation, etc.) will be on a rank- for -rank basis for the ranks of
Firefighter, Engineer and Captain.
A. An "emergency" shall be defined as an event such as a major emergency, unusual
occurrence, or extraordinary displacement of manpower and equipment, that the Fire
Chief or his designee has determined to constitute a call back of a significant portion
or all suppression personnel.
B. On a case by case basis as determined at the sole discretion of the Fire Chief, an
employee may elect to declare himself /herself exempt from "forced hiring" (i.e., the
draft) on an overtime basis for a period of six (6) months on the condition that the
employee agrees not to be eligible to work any voluntary overtime during that time
period.
SECTION 5.7. From time to time, the Fire Department Administration may wish to send
on -duty personnel to Officer's Workshops or special classes. On these occasions, the Fire
Department and the Union agree to permit acting positions on a voluntary basis, not to
exceed one (1) shift in duration for any one platoon for any one class or workshop except by
mutual consent.
A. In those instances involving vacancies in the positions of Engineer or Captain,
and there are no volunteers appearing on the over -time signup sheets, "acting
positions" may be utilized to fill the vacated position(s).
B. "Acting positions" are to be chosen on a voluntary basis from active eligibility
lists.
C. Utilization of "acting" personnel will occur in lieu of "mandatory overtime call
back" (i.e., "draft ") to fill vacant positions.
SECTION 5.8. CALL BACK PAY. 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 3.0 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 the premium rate of time and one -half or equal time off, when authorized by the Fire
Chief and by the Human Resources /Employee Relations Director.
A. During time 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.
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SECTION 5.9. SHIFT EXCHANGE.
A. Employees shall have the right to exchange shifts when the change does not
interfere with the operation of the Fire Department, and upon appropriate entry in
Telestaff or prior approval of the Fire Chief or his designee, in accordance with
the staffing policy. 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.
SECTION 5.10 REIMBURSEMENT FROM CALIFORNIA OFFICE OF EMERGENCY
SERVICES (Cal -OES). The City will compensate its employees overtime in accordance
with the current Memorandum of Understanding while in the course of their employment
and away from their official duty station and assigned to an emergency incident, in support
of an emergency incident, or pre - positioned for emergency response.
Article VI
HEALTHINSURANCE
SECTION 6.1. GROUP HEALTH INSURANCE. Effective July 1, 1994, the City shall
contract with the Public Employees' Retirement System (PERS) 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 or Union for eligible employees, eligible retirees, and their
eligible surviving annuitants. Employees may participate in only one of the health plans
offered by PERS.
A. The City shall contribute toward the payment of premiums under the PERS
Health Benefits Plan to each eligible retiree annuitant of PERS to the extent
required by law a contribution of $122.00 per month. Effective January 1, 2016
this contribution shall be increased to $125.00 per month. This contribution shall
be adjusted annually each January 1 to the amount set by the CalPERS Board of
Administration.
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B. Flexible Benefits Plan. For all active full time eligible employees, the City will
provide the following amounts per month for optional dental plans, vision plans,
health plans, or miscellaneous pay as established by the Internal Revenue
Service, Section 125 Flexible Benefits Plan (this will not eliminate Section 6.2 as
written below):
Effective Date Single
Amount
2 -Party
Amount
Family
Amount
Waiver
Amount
January 1, 2011 525 920 1,150 525
January 1, 2016 1 $625 1,020 1,250 625
January 1, 2017 1 $725 1,120 1,350 725
C. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled with the City 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 PERS Health
Benefits Plan.
D. If an employee chooses not to be enrolled in a health plan, the employee must
provide proof of group medical insurance coverage (e.g., coverage under a
spouse's employer's plan) that is compliant with the Affordable Care Act (ACA),
as determined by the Human Resources /Employee Relations Director. Based
upon the determination that group medical insurance coverage is in full force and
effect, eligible employees shall receive the amount stipulated in Section 6.1 B
above noted as "Waiver Amount." The Human Resources /Employee Relations
Director shall determine the type and frequency of such proof of dependent
coverage. In the event that the employee loses eligibility (with documentation),
the employee may enroll in the PERS Health Benefits Plan pursuant to the PERS
Health Benefits Plan rules and regulations.
E. The City may reopen negotiations at any time during the term of the MOU to
address the impact of the ACA, provided that no changes may be made by the
City unless they are either (1) mandated by the ACA or (2) mutually agreed upon
by the parties.
SECTION 6.2. UNION GROUP BENEFIT PLAN. Effective February 1, 2013, the City
shall contribute to the Union $40.00 per month per regular full time employee toward any
group benefit plan(s) selected by the Union. Included in the union group benefit plan are the
following: Life and Long Term disability insurance. Such plan(s) shall be open to all
bargaining unit employees and the Union shall hold the City harmless, defend and indemnify
the City for any claims regarding the administration or payment of claims under any Union
sponsored plan.
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Article VII
EDUCATIONAL ASSISTANCE, PROFESSIONAL DEVELOPMENT AND
INCENTIVE PROGRAMS
SECTION 7.1. TUITION AND TEXTBOOK REIMBURSEMENT. 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/her specific job and must be approved by the Fire
Chief and the Human Resources /Employee Relations Director prior to registration.
Reimbursement will be based upon the final grade received according to the following
schedule:
GRADE REIMBURSEMENT
A 100%
B 75%
C 50%
D or F 0-
Pass 100%
A. Effective July 1, 1998, educational reimbursement payments to an employee shall
not exceed $1,000 in one (1) fiscal year and he /she must still be employed by the
City when the course is completed.
SECTION 7.2. PROFESSIONAL DEVELOPMENT.
A. The City agrees to allow reimbursement to employees of up to $400 of the $1,000
allotted for activities that aid in their professional development. Reimbursable
activities include the following:
1. Attendance at job - related professional conferences, seminars and
training classes.
SECTION 7.3. EDUCATIONAL INCENTIVE PROGRAM. The City agrees to establish the
following educational incentive program payable on a monthly basis for all employees in the
bargaining unit.
Education Level
Monthly
Incentive
60 Units 145
AA Degree 160
90 Units 210
BA/BS Degree 265
MA/MS Degree 330
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The Human Resources Department will determine whether units are equivalent. Employees,
except those with master's degrees, must maintain eligibility by participating in continuing,
job related, educational courses equivalent to three (3) college units every two (2) years.
Effective upon execution of this agreement, the monthly incentives described herein for
achieving 60 units and /or 90 units shall no longer be available to individuals who have not
yet qualified for those incentives (including employees hired after the effective date of this
agreement). In order to maintain the incentive, individuals currently receiving those
incentives shall establish on or before July 1, 2014 that at least 25 of those qualifying units
are directly job related and /or in Fire Science (Fire Technology, Fire Academy, but
excluding Basic Fire Academy) or any other course that qualifies under Section 7.1 of this
MOU. Employees with 90 units who also have the AA degree may revert to the AA
incentive level.
SECTION 7.4. ICC INSPECTOR CERTIFICATION INCENTIVE. Effective March 1,
2008, non - safety personnel assigned to the Fire Prevention Bureau who become certified by
the International Code Council (ICC) and maintain a Fire Inspector I certification or a higher
level certification shall receive $100.00 per month in addition to their base salary. Said
certification pay shall continue provided the employee maintains his certification current.
SECTION 7.5. URBAN SEARCH AND RESCUE CERTIFICATION INCENTIVE.
Effective March 1, 2009, employees who have successfully completed State Fire Marshal
certified Rescue Systems I, Rescue Systems II, Confined Space Rescue, Trench Rescue, and
Swift Water Rescue classes will receive a $50.00 per month certification pay.
Article VIII
UNIFORMS
SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed
members of the Fire Department. Total expenditures for the Fire Department shall not
exceed $600 per calendar year per uniformed member. All uniforms thus purchased shall
remain the property of the City of Orange. This $600 per calendar year uniform expenditure
is PERS - reportable for "classic" Ca1PERS members. However, this $600 per year uniform
expenditure will not be reported to CalPERS as pensionable compensation for "new
members" hired on or after January 1, 2013, as defined by the Public Employees' Pension
Reform Act of 2013 (PEPRA).
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.
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Article IX
HOLIDAYS
SECTION 9.1. Fire Department employees shall receive the following paid holidays in
accordance with this Article:
1) January 1S (New Year's Day)
2) Third Monday in February (Presidents' Day)
3) Last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) First Monday in September (Labor Day)
6) November 11 (Veterans' Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 25 (Christmas Day)
10) One Floating Holiday
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 holiday
compensatory time pursuant to policies established by the Fire Department and
the Union. Effective November 6, 2011, employees shall no longer be entitled to
receive holiday compensatory time as an alternative to holiday pay in lieu of
holiday time off.
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.
D. As set forth in this Memorandum of Understanding, the terms `holiday pay' or
holiday pay in lieu of time off shall be defined as cash compensation in the
same amount the affected employee would have received had he /she taken the
holiday off with pay, which would include the individual's base pay, plus
premiums that qualify as `special compensation' as defined in the PERL
California Public Employees' Retirement Law).
SECTION 9.3. For those employees whose regular work week is forty hours, in the event
any of the above holidays 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, the preceding Friday will be
deemed a holiday. When any of the above holidays falls on an employee's regularly
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scheduled day off during the week, employees will be credited with ten (10) hours of holiday
compensatory time.
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 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. The floating holiday shall be taken upon appropriate entry in Telestaff or
with the approval of the Fire Chief or his designee, according to the staffing policy.
1) For purposes of this benefit, employees will have credited one (1)
floating holiday as of January 1.
2) This floating holiday shall be taken as time off from work no later
than the end of December 31 sc of the same year.
3) The floating holiday is not accumulative and shall be forfeited
should it not be taken during the calendar year it was earned.
4) Employees under this section who terminate their employment
with the City prior to using the floating holiday shall receive cash
reimbursement for said holiday.
Article X
VACATION
SECTION 10.1. Fire Department employees shall be entitled to vacations as follows: (See
Appendix "A" Vacation Benefits Schedules 1 - 4)
SCHEDULE 1
A. For employees who work an average 55.9 -hour work week.
SCHEDULE 2
B. For Fire Captains who work an average 55.9 -hour work week.
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SCHEDULE3
C. For employees who work a regular forty (40) hour work week.
SCHEDULE4
D. For Fire Captains who work a regular forty (40) hour work week.
SECTION 10.2. Vacation shall be taken by employees upon appropriate entry in Telestaff
or prior approval of the Fire Chief or his designee, according to the staffing policy.
A. Where possible, such vacation should be taken annually and not accumulated
from year to year.
B. 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 Human Resources /Employee Relations
Director.
C. 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 in the first pay
period of the following month. Effective June 30, 2013 this automatic cash out
of vacation hours earned in excess of the "cap" described above shall be
eliminated.
SECTION 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. Such conversion may be so
accomplished 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 of service.
SECTION 10.5. Probationary Firefighters shall not be permitted to utilize their
accumulated Vacation time accrued in their Vacation accounts until successfully passing
their one year probationary test. The Fire Chief shall have discretion, on a case -by -case
basis, to allow an exception to this policy for extenuating circumstances.
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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 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 permanent employee, not under
suspension, may make written application to the Department Head for leave
without pay. No such leave will be considered absent a written application from
the employee requesting leave.
B. If the Department Head and the Human Resources/Employee Relations 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 allowable leave benefits.
C. 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 denoted under the FCML section below. During
such leave in excess of five (5) working days, no seniority shall be accumulated.
D. 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 by the employee is made through and as prescribed by the Payroll
Division of the City. The City will pay up to six (6) months of the Flexible
Benefit Plan contribution for employees who are on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written
application must be made through the Department Head to the Human
Resources /Employee Relations Director at least ten (10) days before the end of
the six (6) month period, stating the reasons why the additional leave is required
and why it would be in the best interests of the City to grant such leave of
absence. If such additional leave is merited and would still preserve the best
interests of the City, he may approve such extension of the leave of absence for a
period up to but not to exceed an additional six (6) months.
F. If the employee does not return to work prior to or at the end of such leave of
absence or extension of leave of absence, the City shall consider that the
employee has terminated his employment with the City.
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G. An employee on leave of absence must give the City at least seven (7) days'
written notice of his intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Human Resources /Employee
Relations Director and Department Head may be subject to termination.
I. Any employee who falsifies the reason for the request for said leave of absence
may be terminated for falsifying a request for leave of absence or extension
thereof.
J. Such leave shall be granted on the same basis for pregnancy, childbirth, adoption,
and other medically related conditions, except that such an employee shall retain
his /her seniority rights.
K. Forms setting forth the benefits available or such other pertinent information
shall be maintained for distribution in the Human Resources Department.
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, all
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 /she shall receive overtime pay. Any witness fees that accrue to the employee for his /her
witness services for the City shall be turned over to the City.
SECTION 11.4. MILITARY LEAVE OF ABSENCE. If an employee is required to take
military training two weeks each year, he shall be entitled to military leave of absence under
the provisions of State law, found in Section 395- 395 -02 of the Military and Veterans Code.
Employees must provide a copy of their military orders to the Human Resources Department
to qualify for a military leave of absence. Any exceptions to this provision shall be
considered on a case by case basis, with final approval of the Human Resources Director.
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.
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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. All non- benefitted employees shall receive sick leave as required by State law.
D. For employees who work an average 55.9 hours 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.
E. For employees working a regular forty (40) hour week, sick leave will be charged
at the rate of one (1) day 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, child -birth and other medically related
conditions excluding a work - related injury or illness.
B. Medical and dental office appointments during working hours, when authorized
by the Fire Chief.
C. 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, registered domestic
partner, child, grandparent, grandchild, brother, or sister of the employee,
regardless of residence. Days of absence due to bereavement leave shall not
exceed three (3) working days for forty (40) hour personnel or two (2) twenty -
four (24) hour shifts for 55.9 hour personnel, and shall not be deducted from the
employee's accumulated sick leave. An employee on bereavement leave shall
inform his /her immediate supervisor of that fact, and the reasons therefore, as
soon as possible. Failure to do so within a reasonable period of time may be
cause for denial of bereavement leave with pay for the period of absence. The
City may require proof of the relationship as a condition to payment of
bereavement leave with pay.
D. Family Leave. Employees working a regular forty (40) hour week may charge 48
hours per calendar year to sick leave for reasons of illness or injury of any
employee's immediate family. Employees who work an average 55.9 hour week
may charge 72 hours per calendar year to sick leave for reasons of illness or
injury of any employee's immediate family. "Immediate family" as used in this
subsection is limited to any relation by blood, marriage, or adoption who is a
member of the employee's household (under the same roof), any parent,
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7776749.3 OR020 -056
substitute parent, parent -in -law, spouse, registered domestic partner, child,
brother, sister, grandchild, or grandparent of the employee, regardless of
residence.
E. For an employee who is a victim of domestic violence, sexual assault, or stalking,
for the purposes described in Labor Code sections 230(c) and 230.1(a).
F. Sick leave may be applied only to absence caused by 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 - quarter (
hour, while additional actual absence of over one - quarter ( hour shall be
charged to the nearest one -half (%2) 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 two (2) 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. The Fire Chief may establish a reasonable sick leave usage,
monitoring and control program, to develop acceptable standards for attendance
and usage, and to take appropriate action when necessary.
G. The Union shall cooperate with the Fire Chief in reducing and curbing sick leave
usage.
H. Service Retirement. Upon retiring from City service and entering the Public
Employees' Retirement System, an employee shall receive no pay for the first
sixty (60) days of accrued sick leave (0 to 720 hours for suppression; 0 to 600
hours for 40 -hour personnel); shall receive twenty -five percent (25 %) pay for the
next thirty (30) days of accrued sick leave after the first sixty (60) days (721 to
1080 hours for suppression; 601 to 900 hours for 40 -hour personnel); and he /she
shall receive fifty percent (50 %) of the accrued sick leave for all accrued sick
leave after said thirty (30) day period (1,081 hours and up for suppression; 901
hours and up for 40 -hour personnel).
I. Disability Retirement. Each employee who receives a work - related permanent
disability retirement pursuant to the Public Employees' Retirement System shall
be paid all accumulated unused sick leave benefits, and is entitled to have such
date of retirement delayed by a crediting of his accumulated sick leave in
accordance with State Law.
J. 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
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deceased employee. Payment will be made when proper authorization is received
from the estate of the decedent employee.
SECTION 11.7. WORKERS' COMPENSATION: Workers' Compensation benefits will be
provided as follows:
A. Safety Personnel: Salary continuance for safety personnel will be provided in
accordance with the current State of California's Department of Workers'
Compensation Laws and regulations.
B. Non - Safety Personnel: Non - safety employees shall be granted temporary
disability leave in accordance with the current State of California's Department of
Workers' Compensation Laws and regulations. When a City employee is entitled
to receive temporary disability payments, the City will contribute additional
compensation to allow the employee to receive 100% of their regular rate of pay,
or provide full salary continuance, for the first 30 days starting from the date of
injury. The employee will then receive 80% of salary for up to an additional 335
calendar days. Temporary disability leave in excess of 365 days will be provided
subject to current State regulations. Thereafter, the regular temporary disability
Workers' Compensation rate will apply.
C. Course of Employ Should it be determined by the employee's doctor, or an
agreed doctor by both parties, or an Administrative Law Judge through the
Workers Compensation Appeals Board that an employee's illness or injury did not
arise in the course of the employee's employment with the City or that the
employee is not temporarily or permanently incapacitated or disabled as a result of
the injury or illness, then the employee's accrued, or if insufficient, future sick
leave shall be charged to reimburse the City for any payments made to the
employee pursuant to above.
D. Physician Pre - Desi Before a work related injury, an employee may elect
to pre- designate a qualified medical provider if done in accordance with the
Department of Workers' Compensation. Pre - designation regulations include but
are not limited to the following criteria:
1) The physician has a previous history of directing the medical treatment of
the employee;
2) The physician retains the medical records and history of the employee; and
3) The physician agrees to treat work - related injuries or illnesses in
accordance with the regulations.
E. Fringe Benefits. The City will continue to provide vacation, sick leave, insurance,
and other fringe benefits for employees who qualify for workers' compensation.
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Any fringe benefits not paid by the City pending the determination of whether an
injury /illness is job - related shall be paid retroactively if the injury /illness is
subsequently determined to be job - related. In such instances the employee shall be
reimbursed for any benefit or premium payments made by the employee prior to
the job - related determination being finalized.
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. Safety PERS Formula. The City shall grant the safety members of PERS who are
not "new members" (i.e., firefighters and fire safety specialists who meet the
requirements) the 3% at age 50 Retirement Formula as set forth in Section
21362.2 of the California Government Code. These individuals are subject to the
one (1) year final compensation measurement period set forth in California
Government Code Section 20042.
B. Miscellaneous PERS Formula. The City shall provide the PERS 2.7% at age 55
Retirement Program for miscellaneous employees who are not "new members" as
defined in California Government Code Section 7522.04(f). These individuals
are subject to the one (1) year final compensation measurement period set forth in
California Government Code Section 20042.
C. PERS Second Tier Retirement Plans. Safety employees hired on or after January
1, 2013, who thereupon become "new members" in Ca1PERS, shall be subject to
the 2.7% @ Age 57 retirement formula mandated by the California Public
Employees' Pension Reform Act of 2013 ( PEPRA) pursuant to Government
Code Section 7522.25(d). These "new members" are subject to the three (3) year
final compensation period to calculate average final compensation for retirement
purposes as set forth in Section 7522.32. In all other respects, safety employees
who are considered "new members" shall be subject to the terms and
requirements of PEPRA.
Miscellaneous employees hired on or after January 1, 2013, who thereupon
become "new members" in Ca1PERS, shall be subject to the 2.0% @ Age 62
retirement formula mandated by PEPRA pursuant to Government Code Section
7522.20. These "new members" are subject to the three (3) year final
compensation period to calculate average final compensation for retirement
purposes as set forth in Section 7522.32. In all other respects, miscellaneous
employees who are considered "new members" shall be subject to the terms and
requirements of PEPRA.
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D. PERS Member Contribution. Effective November 6, 2011, the City no longer
pays the employees' PERS Member Contribution and, as a result, safety
employees who are not "new members" shall contribute 9.0% of their PERS-
reportable income, on a pre -tax basis, toward their PERS Member Contribution
Rate, and non - safety employees who are not "new members" shall contribute
8.0% of their PERS- reportable income, on a pre -tax basis, toward their PERS
Member Contribution Rate. New safety PERS members shall contribute from
their reportable compensation 50% of "normal cost" as dictated by Ca1PERS for
their defined benefit pension plan. The requirement that new members pay at
least %2 of the normal cost is set forth in Section 7522.30(c). New miscellaneous
PERS members shall contribute from their reportable compensation 50% of
normal cost" as dictated by CalPERS for their defined benefit pension plan. The
requirement that new members pay at least 1 /2 of the normal cost is set forth in
Section 7522.30(c).
E. Member contributions paid by all employees covered by this MOU shall be made
pursuant to Section 414(h)(2) of the Internal Revenue Code, to enable the
employee's taxable income to be reduced by the amount of the employee -paid
contribution.
F. The employee will be provided with a biweekly pay stub showing the amount of
contribution as deferred.
G. An increase in the 1959 Survivor's level of benefits to the third level
Government Code Section 21382.4).
SECTION 12.2 POST EMPLOYMENT HEALTH PLAN. The Union agrees to participate
in the Post Employment Health Plan (PEHP) for Collectively Bargained Public Employees
Plan) in accordance with the terms and conditions of the Plan's Participation Agreement
between the Union and their selected investment administrator.
The Union shall reserve the right to select the program and administrator for their post
employment health care needs. The Union will indemnify and release the City from any and
all liabilities.
The Union shall have the option to cause the PEHP Plan to be amended to provide that each
eligible employee shall contribute one hundred fifty dollars ($150.00) each month into the
Insurance Premium Reimbursement Account pursuant to the terms and conditions of the
Plan. This option only can be exercised on the condition that the City will incur no
additional cost. This option must be exercised prior to January 1, 2017.
Upon retirement, the City shall contribute the following compensatory leave amounts, for
each member, into the Insurance Premium Reimbursement Account sub - account pursuant to
the terms and conditions of the Plan:
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A. 100% of accrued eligible sick leave
B. 100% of accrued eligible vacation leave; and
C. 100% of accrued eligible other leave payout (i.e., holiday, comp time, etc.)
Annually, the Union reserves the right to modify the percentage of compensatory leave
and /or contribution to the Plan on behalf of its members. No modification will be effective
without a corresponding amendment to the Plan's Participation Agreement by the City.
Union members who are already eligible for fully paid family retiree medical benefits shall not
be eligible for the Plan.
SECTION 12.3. DEFERRED COMPENSATION PLAN The City shall add Schwab
Personal Choice Retirement Account (PCRA) to its Deferred Compensation Plan, with an
independent advisor selection, on the condition that the City incur no cost as a result of this
action.
Article XIII
TRAVEL EXPENSE ALLOWED
SECTION 13.1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private
automobile 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/her 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/her personal car, he /she may be reimbursed the
amount of the cost of the commercial transportation. A flat rate according to IRS regulations
may be approved for use of personal cars when City cars are not available.
SECTION 13.5. Air, rail, or public transportation used, expense for local transportation
such as taxicabs 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:
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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 XIV
SAFETY STANDARDS
SECTION 14.1. The City shall abide by all applicable federal and state statutes, and local
ordinances relating to health and safety.
SECTION 14.2. The daily minimum staffing level shall be 35 sworn fire department
personnel per 24 -hour shift. In the event that any additional engine, truck, paramedic, or
ambulance companies are added to the complement of staffed emergency response
companies, an increase to the minimum daily staffing level shall accordingly be reflected in
the minimum staffing provision above.
SECTION 14.3. 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 Union and the City agree to the
following Health Fitness Standards:
A. Wei hty 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
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previously scheduled activities. The physical fitness programs presently
recognized are:
1) Individual progressive conditioning programs that improve
strength, stamina and flexibility, may be approved by the Fire
Chief or his designee. Sporting team -type activities such as
basketball, volleyball, football, baseball, hockey, or soccer are
expressly prohibited.
2) Individual Cardio - Vascular conditioning programs that improve
strength and stamina.
3) IAFF Wellness /Fitness Program.
D. Responsibilities.
1) The City shall provide optional physical exams that meet or
exceed NFPA recommendations, for all Department safety
employees. The results of all exams, except that which is required
by law, shall be confidential between the examining physician and
the employee.
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:
a) Exercise mats, 3' x 6' outdoor carpet
b) Weight scale
c) Treadmill
d) Stairstep machine
e) Free - weight set with dumbbells and appropriate benches
E. The employer and Union agree that no employee shall report to work under the
influence of narcotics, drugs, controlled substances, alcohol or any other
substance, which may impair the employee's ability to perform in a safe and
efficient manner.
SECTION 14.4. MODIFIED LIGHT DUTY WORK PROGRAM. Employees may, at the
sole discretion of management, be required to work in a temporary modified light duty
assignment, depending on the employee's medical condition and work restrictions, while
recovering from an injury or illness. The temporary modified light duty assignment will
accommodate the physician's work restrictions on the employee and depend upon the
availability of temporary light duty work in the Fire Department. Such a temporary light duty
work assignment shall be for a maximum of three (3) months, which may be extended based
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7776749.3 OR020 -056
on the employee's health condition and ADA/FEHA regulations and requirements. Off -duty
injuries may be accommodated at the discretion of the Fire Chief and Human Resources
Director.
Article XV
NO STRIKE - NO LOCKOUT
SECTION 15.1. UNION PROHIBITED CONDUCT. The Union, 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. UNION RESPONSIBILITY. In the event that the Union, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 15.1
above, the Union 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 Union acts in good faith to meet its responsibilities as set forth above, the Union, 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
27
7776749.3 OR020 -056
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, and to determine the use of City vehicles during non - working
hours.
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 to negotiate as required by law.
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.
28
7776749.3 OR020 -056
P. To take any and all necessary action to carry the mission of the Agency in
emergencies as set forth in Article XXII, Section 22.4 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. The City agrees to negotiate with the Union regarding
the impact of any joint training agreement or any new mutual response pacts
and /or modifications to current pacts.
SECTION 16.2. Whenever the exercise of Management's rights shall impact on employees
of the bargaining unit, the City agrees to meet and confer with the Union regarding the
impact of the exercise of such rights. If the City discontinues an individual's use of a City
vehicle, the City will negotiate an equivalent benefit.
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 that are arbitrary, and /or capricious, and/or invidiously discriminatory.
SECTION 17.3. The Union and the employee shall receive a copy of any discipline or
discharge of any affected employee.
SECTION 17.4. The City shall have the right to issue reasonable employee rules and
regulations not in conflict with the express terms of this Memorandum of Understanding,
provided that such rules and regulations are,
A. Discussed with the Union prior to adoption. The City will consider any input
and/or feedback that the Union submits.
B. Submitted to the Union prior to adoption
C. Posted in conspicuous places so that employees are advised and have notice of
such rules and /or regulations prior to their implementation
SECTION 17.5. In order to implement the provisions of the Firefighters Procedural Bill of
Rights Act, California Government Code Section 3250 et seq., in harmony with the
29
7776749.3 OR020 -056
provisions of the Memorandum of Understanding between the City of Orange (City) and
Orange Firefighters Association, IAFF Local 2384 (Union), the parties hereby agree as
follows:
A. The City shall comply with the provisions of the Firefighters Procedural Bill
of Rights as set forth in Government Code Section 3250 et seq.
B. Disciplinary actions subject to the grievance procedure set forth in Article
XXI shall include discipline as defined by the Firefighters Procedural Bill of
Rights. If the discipline is of a nature that entitles an employee to a hearing
under the Firefighters Procedural Bill of Rights, that hearing shall be
conducted in conformance therewith. The parties agree that the arbitrator
selected pursuant to the procedures in Section 21.6 shall act in the capacity of
the hearing officer and conduct the hearing in accordance with the Firefighters
Procedural Bill of Rights.
1. The Department and the Union shall endeavor to appraise each other
of potential disciplinary issues and investigations as soon as
appropriate.
2. Employees subject to investigatory interviews may be accompanied by
one representative and legal counsel if requested, as long as legal
counsel is reasonably available and does not cause any significant
delay of the investigation.
C. Any hearing on a grievance alleging a violation of the Firefighters Procedural
Bill of Rights shall be conducted in conformance with the procedure set forth
in Section 17.5.13.
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 Human Resources /Employee
Relations Director and concurrence of the Union and the employee, the Fire Chief may
extend such probationary period.
SECTION 18.3. The Union and the employee involved shall receive a copy of any
discipline or discharge, or any extension of a probationary period. Such change in employee
status shall set forth the basis for such action.
30
7776749.3 OR020 -056
Article XIX
PAYROLL DEDUCTIONS
SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi-
weekly basis of Union dues and assessments, and insurance payments, in the amount
certified to be current by the Treasurer of the Union as authorized in writing by individual
employees. The total amount of deduction shall be remitted by the City to the Treasurer of
the Union within ten (10) calendar days.
SECTION 19.2. The Union 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 to the Union caused by the Union's negligence. The Union shall notify the City within
ten (10) calendar days of any discrepancy(s) concerning Union dues or other payroll
deductions pursuant to this Article. If the Union does not notify the City of any discrepancy
within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.
SECTION 19.3 DIRECT DEPOSIT. Effective March 1, 2008, all new City employees are
required to participate in the City's direct paycheck deposit program. City employees who
do not participate in the direct deposit program will need to appear in person and sign for
release of their paychecks from the City's Finance Department.
Article XX
UNION REPRESENTATION
SECTION 20.1. Employees shall have the right to representation by a Union representative
with respect to all matters within the scope of employee - employer relations, including
procedural due process, in accordance with State law.
SECTION 20.2. The Union shall notify in writing the Human Resources /Employee
Relations Director's office and the Fire Chief, or his designee, or the names of its authorized
Union Representatives.
SECTION 20.3. Union representation, including the investigation and processing of
grievances during working hours, shall be conducted by the Union President and/or his
designee(s).
SECTION 20.4. In accordance with current practice, the on -duty Shift Commander shall be
given sufficient notice by the Union Representative(s) of such on -duty representation during
normal working hours.
31
7776749.3 OR020 -056
SECTION 20.5. Union Representation, including the processing and investigating of
grievances, shall not unreasonably interfere with employees in the performance of their
duties.
SECTION 20.6. Upon notice to the City, and approval of the Fire Chief, or his designee,
Union officials or other designees shall be granted leave from work to attend to Union
business. The Fire Chief, or his designee, is authorized to grant up to a total of eleven (11)
shifts off with pay per calendar year for the Union board in its entirety (not eleven (11) shifts
per board member) for such Union business, as defined by the Union President or his
designee, exclusive of time spent for collective bargaining and grievance processing.
Beginning July 1, 2016, upon notice to the City, and approval of the Fire Chief, or his/her
designee, Union officials or other designees shall be granted leave from work without loss of
compensation to attend to Union business. The Fire Chief, or his/her designee, is authorized
to grant up to a total of 528 hours off with pay, per two fiscal years (i.e. 2016 -2018, 2018-
2020 etc.) for the Union board (and/or its designees) in its entirety (not twenty -two (22)
shifts per board member) for such Union business, as defined by the Union President or
his /her designee, exclusive of time spent for collective bargaining and grievance processing.
Any of the 528 hours which are not used prior to July 1 of the second consecutive fiscal year
i.e. prior to July 1, 2018, July 1, 2020, etc.) will automatically be forfeited.
Article XXI
GRIEVANCE - ARBITRATION PROCEDURE
SECTION 21.1. GRIEVANCE DEFINED. A grievance shall be defined and limited to a
dispute or controversy between an employee, group of employees, and /or the Union and the
City regarding the application or interpretation of this Memorandum of Understanding, City
Personnel policies, and /or departmental rules, regulations or practices.
SECTION 21.2. 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 21.3. 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 /her own grievance provided that any of the grievance is not inconsistent with the
terms of this Memorandum of Understanding, and the Union has been given an opportunity
to be present at all grievance proceedings, including adjustment of the grievance.
SECTION 21.4. 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 timely processed through the next step of the grievance procedure shall be
32
7776749.3 OR020 -056
considered resolved in accordance with the proper answer of the City. Any issue or dispute
concerning the procedures of this grievance procedure, including the timeliness of the filing
or processing of a grievance shall be subject to determination by the Arbitrator pursuant to
Step III of this grievance procedure. The arbitrator shall decide any issue or claim as to
timeliness or whether a filed grievance meets the test of arbitrating, as set forth in this
Agreement. The arbitrator shall proceed to decide such issue before hearing the case upon
its merits; and if possible, shall issue a "bench decision" at the completion of the
presentation of evidence concerning this issue.
SECTION 21.5. STEPS OF GRIEVANCE PROCEDURE. Informal discussion: A grievable
matter shall first be discussed on an informal basis with the immediate supervisor (if he has
the power to adjust the matter) prior to filing a formal grievance.
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 twenty (20) 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 twenty (20) calendar days of the answer or such time when the answer was
due.
Within twenty (20) calendar days or 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 twenty (20) calendar days of receipt of
the written appeal.
C. Step III. Either party to the dispute may request that the dispute be submitted to
Arbitration in accordance with procedure contained herein. Such request shall be
submitted in writing within twenty (20) calendar days after completion of Step II,
with a copy served by mail upon the other party.
SECTION 21.6. ARBITRATION PROCEDURE.
A. The City and the Union shall promptly meet to attempt to mutually select an
Arbitrator. If such selection cannot be accomplished, either the City or the Union
may notify the California Conciliation and Mediation Service to submit nine (9)
names of neutrals that are qualified to serve as an Arbitrator. The Union and the
City shall meet within five (5) working days upon receipt of the list of Arbitrators
to mutually select the Arbitrator to hear the dispute or to alternately strike -off
names until only one person remains. That person shall then serve as the
33
7776749.3 OR020 -056
Arbitrator. In the event that either the Union or the City desires to strike an entire
list submitted by the California Conciliation Service, such parry may do so (not
more than two occasions). In that case, the parties shall mutually and promptly
request a new list from the California Conciliation Service.
B. The Arbitrator shall not have the authority to add to, modify, or subtract from this
Agreement or to take testimony from one party outside the presence of the other.
The Arbitrator's authority is thus limited to deciding whether there has been a
violation of this Agreement pursuant to a grievance as defined in Section 21.1,
and the determination of an appropriate remedy for any such violation. The
Arbitrator shall only have authority to issue recommendations or an advisory
award concerning the interpretation or application of Article XIV, SAFETY
STANDARDS ", and such award shall not be binding upon the parties.
Furthermore the arbitrator shall not have the authority or power to render a
binding decision that requires the City to expend additional funds, to hire
additional personnel, to buy additional equipment or supplies, or to pay wages or
benefits not specifically provided for in this Agreement or to take any action
which would be in violation of Federal or State Laws.
C. The decision of the Arbitrator shall be final and binding upon the City, the
Union, the grievant, and all employees covered by this Agreement in the
following cases:
1) All discipline and discharge cases of employees. In discipline
demotion or suspension or discharge) case, the Arbitrator's
remedy may include reinstatement only, and /or back pay in full or
in part.
2) Disputes regarding the interpretation or application of specific
provisions of this Agreement.
D. Unless extended by mutual agreement of the parties, the Arbitrator shall render
his decision and award within one (1) month after the close of the hearing and the
receipt of briefs, if any.
E. The compensation and expenses of the Arbitrator shall be borne equally by the
parties. All other expenses, including that of a court reporter, shall be borne by
the parry that requests such service; unless the parties agree that such service(s) is
necessary for the arbitration proceeding.
34
7776749.3 OR020 -056
Article XXII
SCOPE AND APPLICATION
SECTION 22.1. SOLE AND ENTIRE AGREEMENT.
A. It is the intent of the parties hereto that this Memorandum of Understanding shall
supersede all prior memorandums of understanding or contrary City contracts and
when approved by the City Council shall govern the entire relationship between
the parties.
B. City Resolution No. 4440 that sets forth a settlement between the City and the
Union of Case No. 237 979 shall remain in effect and be incorporated herein by
reference.
SECTION 22.2. This Agreement is subject to amendment only by subsequent written
agreement between, and executed by, the parties hereto.
SECTION 22.3. SEPARABILITY PROVISION. If any provision of this Agreement, or the
application of such provision, should be rendered or declared invalid by any court action or
by reason of any existing or subsequently enacted legislation, the remaining parts or portions
of the Agreement shall remain in full force and effect.
SECTION 22.4. EMERGENCY WAIVER PROVISION. In the event of circumstances
beyond the control of the City as a result of a declared emergency, national disaster, or
similar circumstances, provisions of this Memorandum of Understanding, and/or the
Personnel Rules or Regulations of the City and/or departmental rules and policies, which
shall be suspended for the duration of such emergency. After the emergency is declared
over, the City shall immediately meet and confer with the Union regarding the impact on
employees of the suspension of these provisions in the Memorandum of Understanding
and/or City and /or departmental rules and policies.
Article XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 23.1. TERM OF AGREEMENT. The term of this Memorandum of
Understanding shall commence on July 1, 2015 and shall continue in effect until June 30,
2017.
SECTION 23.2. REQUEST TO MEET AND CONFER. Upon written notice and request of
either party to modify the terms of this Memorandum of Understanding prior to June 30,
2017 the parties shall meet and confer in good faith for the purpose of reaching a new
35
7776749.3 OR020 -056
agreement. The parties shall make every effort to commence negotiations for a successor
Memorandum of Understanding on or before March 1, 2017.
Article XXIV
RATIFICATION AND EXECUTION
The City and the Union acknowledge that this Memorandum of Understanding shall not be
in full force and effect until ratified by the Union and adopted by the City Council of the
City of Orange. Subject to the foregoing, this Memorandum of Understanding in hereby
executed by the authorized representatives of the City and the Union and entered into this
14th day of February 2017.
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
CITY OF ORANGE AFL -CIO
By: By:
Teresa E. Smith, Mayor Greg Lewin, President
By:
Eric Stuart, Vice President
By:
Scott Conniff, Secretary
Approved as to form:
Laura J. Kalty
Special Counsel for the City
Approved as to form:
Stephen H. Silver
Counsel for the Fire Union
36 /N%
7776749.3 OR020 -056
agreement. The parties shall make every effort to commence negotiations for a successor
Memorandum of Understanding on or before March 1, 2017.
Article XXIV
RATIFICATION AND EXECUTION
The City and the Union acknowledge that this Memorandum of Understanding shall not be
in full force and effect until ratified by the Union and adopted by the City Council of the
City of Orange. Subject to the foregoing, this Memorandum of Understanding in hereby
executed by the authorized representatives of the City and the Union and entered into this
14th day of February 2017.
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
CITY OF ORANGE AFL -CIO
B iLQ+i-y B.
Te esa E. Smith, Mayor
By:4Ett, ' a / rt, e President
By:
Scott Conniff, Secretary
Approved as to form:
Laura J. Kalty
Special Counsel for the City
Approved as to form:
Stephen H. Silver
Counsel for the Fire Union
M
7776749.3 OR020 -056
APPENDIX "A"
VACATION BENEFITS - SCHEDULE 1
FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
ACCRUAL RATE 12.56 HOURS =1 DAY
Years of Hours per Days per Shifts
Service Year Year Per Year
01 -04 138 11 5.75
05 -14 188 15 7.83
15 -24 251 20 10.46
25 -30 314 25 13.08
37
7776749.3 OR020 -056
APPENDIX "A" (CONTINUED)
VACATION BENEFITS - SCHEDULE 2
FIRE CAPTAINS WORKING AN AVERAGE 55.9 HOUR WORK WEEK
Except, however, that 24 -hour shift Fire Captains 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
Service 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, as to all Fire Department personnel
employed on a 24 -hour basis.
38
7776749.3 OR020 -056
APPENDIX "A" (CONTINUED)
VACATION BENEFITS - SCHEDULE 3
FIRE EMPLOYEES WORKING AN AVERAGE 40 HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
Those employees 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
01 -04 0.917 07.333 11.0
05 -14 1.250 10.000 15.0
15 -24 1.667 13.334 20.0
25 & above 2.083 16.667 25.0
39
7776749.3 OR020 -056
APPENDIX "A" (CONTINUED)
VACATION BENEFITS - SCHEDULE 4
FIRE CAPTAINS WORKING AN AVERAGE 40 HOUR WORK WEEK
Except, however, that Fire Captains 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
01 0.917 07.333 11.00
02 0.938 07.500 11.25
03 1.042 08.334 12.50
04 1.146 09.167 13.75
05 1.250 10.000 15.00
06 1.292 10.334 15.50
07 1.333 10.667 16.00
08 1.375 11.000 16.50
09 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 2.295 18.334 27.50
40
7776749.3 OR020 -056
EXHIBIT "B"
ORANGE CITY FIRE FIGHTERS UNION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 29 2014
Range Step A Step B Step C Step D Step E
Classification Title After 1 After 1 After 1 After 1
year year year year
Fire Captain 609 8852 8852 8852 8852 8852
Fire Engineer 578 6238 6550 6878 7222 7583
Fire Fighter 553 5506 5781 6071 6374 6693
Fire Inspector /Investigator 597 8337 8337 8337 8337 8337
Fire Safety Specialist 563 5788 6078 6381 6700 7036
Hazardous Materials Spec.583 6396 6716 7052 7404 7774
EFFECTIVE NOVEMBER 1, 2015
3.0% Salary Increase for Sworn Classifications
2.0% Salary Increase for Non -Sworn Classifications
Classification Title
Range Step A Step B
After 1
year
Step C
After 1
year
Step D
After 1
year
Step E
After 1
year
Fire Captain 615 9122 9122 9122 9122 9122
Fire Engineer 584 6428 6750 7087 7441 7813
Fire Fighter 559 5674 5957 6255 6568 6896
Fire Inspector /Investigator 603 8591 8591 8591 8591 8591
Fire Safety Specialist 567 5905 6200 6510 6836 7177
Hazardous Materials Spec.587 6525 6851 7194 7554 7931
7776749.3 OR020 -056 41
EXHIBIT "B" (CONTINUED)
ORANGE CITY FIRE FIGHTERS UNION
MONTHLY SALARY RANGES
EFFECTIVE JUNE 26 2016
2.0% Salary Increase for Non -Sworn Classifications
Classification Title
Range Step A Step B
After 1
year
Step C
After 1
year
Step D
After 1
year
Step E
After 1
year
Fire Captain 615 9122 9122 9122 9122 9122
Fire Engineer 584 6428 6750 7087 7441 7813
Fire Fighter 559 5674 5957 6255 6568 6896
Fire Inspector /Investigator 603 8591 8591 8591 8591 8591
Fire Safety Specialist 571 6024 6325 6642 6974 7322
Hazardous Materials Spec.591 6657 6990 7339 7706 8091
EFFECTIVE AUGUST 7, 2016
3.0% Salary Increase for Sworn Classifications
Classification Title
Range Step A Step B
After 1
year
Step C
After 1
year
Step D
After 1
year
Step E
After 1
year
Fire Captain 621 9399 9399 9399 9399 9399
Fire Engineer 590 6624 6955 7303 7668 8051
Fire Fighter 565 5846 6139 6445 6768 7106
Fire Inspector /Investigator 609 8852 8852 8852 8852 8852
Fire Safety Specialist 571 6024 6325 6642 6974 7322
Hazardous Materials Spec.591 6657 6990 7339 7706 8091
7776749.3 OR020 -056 42
EXHIBIT "B" (CONTINUED)
ORANGE CITY FIRE FIGHTERS UNION
MONTHLY SALARY RANGES
EFFECTIVE NOVEMBER 9, 2016
Note: New classification as of January 1, 2017 pursuant to Resolution No. 10982.
7776749.3 OR020 -056 43
Range Step A Step B Step C Step D Step E
Classification Title After 1 After 1 After 1 After 1
year year year year
Fire Captain 621 9399 9399 9399 9399 9399
Fire Engineer 590 6624 6955 7303 7668 8051
Fire Fighter 565 5846 6139 6445 6768 7106
Fire Inspector /Investigator 609 8852 8852 8852 8852 8852
Fire Safety Specialist 571 6024 6325 6642 6974 7322
Hazardous Materials Spec.591 6657 6990 7339 7706 8091
Plan Examiner*591 6657 6990 7339 7706 8091
Note: New classification as of January 1, 2017 pursuant to Resolution No. 10982.
7776749.3 OR020 -056 43