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CONTRACT 2520 - PERM Memorandum of Understanding CLOSED,YO �2s' NOT CONTRACT LANGUAGE AGREEMENT BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION 2510 IAF'rj �11 The term of this MOU shall commence on July 1, 1997 and end on June 30, 2000„ 2. The City and the Union shall incorporate the terms of this MOU into a Comprehensive MOU which shall contain all currently effective agreements between the City and the Union as set forth in MOU's from prior years. 3. The City shall increase salaries by 8% on July 5, 1997, 4.8% on July 4, 1998 and 3% on July 3, 1999. 4. Effective July 1, 1998, the City will pay 100% of the premium for the agreed upon health insurance for retired employees and eligible dependents, to the maximum dollar amount being equal to the contribution made for current employees with coverage which is the same as that of the retiree. 5. The City shall be permitted to fill long-term vacancies with provisional appointments in accordance with Attachment "A". 6. The City shall equalize sick leave payoffs upon retirement in accordance with Attachment 6113„ 7. The City shall be entitled to reimbursement of costs associated with instructor training in accordance with Attachment "C". 8, Effective July 5, 1997, the City will pay 100% of the premiums or the agreed upon dental, optical and life insurance for employees and eligible dependents to the maximum dollar amount of $100 per month. 9. The City shall modify its Computer Loan Program in accordance with Attachment "D". 10. The City shall modify the existing Grievance Procedure in accordance with Attachment "E". FOR THE: EL SEGUNDO FIREFIGHTERS' ASSOCIATION - IAFF LOCAL 3682 Kevin Rehm, President Breck Slover, st President IJOB ibee, 2nd Vice President Date BH/SSh: chron97jegmH-ff.697 FOR THE: CITY OF EL SEGUNDO, C:I''FORNIA mes W. Morrison, City Manager G. Nielson, Fire Chief Robert Hyland, Direct.. Human Resources/Risk Management Date -7-/-Z'y ,_0 i ATTACHMENT "A" "'TV OF F.A II PROVISIONAL APPOINTMENTS Firefighters' Association A. Rank for rank rehires shall be the standard method used for filling vacancies with the exception of long term vacancies expected to be longer than eight (8) weeks. B. Long term vacancies (more than 8 weeks) may be filled with provisional appointments made at the direction of the Fire Chief. The following guidelines shall be used when considering filling a vacancy by provisional appointment. 1. The Fire Department Personnel Officer (FDPO) shall obtain a diagnosis in writing from the attending physician. 2. The FDPO will refer to the Medical Disabil"fty Advisor, 2nd Edition, by Presley Reed, M.D., to assist in determining the duration of the employee's absence. This would be the average of the minimum and maximum expected length of disability in the category for very heavy work. 3. The FDPO will confer with the Union to determine whether or not a provisional appointment should be made. Provisional appointments will normally be made when each of the following statements are true. a. An employee to be provisionally appointed is reasonably available and has qualified for the position by competitive examination. b. The provisional appointment is needed to relieve an over burden of staffing replacement hours. C. The provisional appointment will not cause an over burden of staffing replacement hours. d. The provisional appointment does not fall 45 days prior to a promotional examination in the same classification as the provisional appointment. e. The provisional appointment can be reasonably justified as an operational necessity. 4. The FDPO and the Union will reduce to writing a recommendation to the Fire Chief as to whether or not a provisional appointment should be made. The recommendation will be made within ten (10) days or a known vacancy and include the agreed upon answers to the questiorfa statements listed above and/or the agreed upon differences of opinion of the FDPO and the Union. 5. The Fire Chief will consider the recommendation and make the final determination. If the recommendation is not made within ten (10) days, the Fire Chief will make a decision based on the information available at that time. 6. This policy shall not be abused or used outside the intent of filling longer term disability positions, except for dynamic emergency situations that dictate rank for rank rehires. 0 091 AIM +y O 0 W-3 Z Y4.' w FA -6 WM ATTACHMENT B SICK LEAVE PAYMENT UPON DISABILITY RETIREMENT Firefighters' Association I. A) The sick leave payment upon disability retirement clause of the Union's M.O.U., as G adopted by Resolution 3405 by the City Council of the City of EI Segundo, California, shall be replaced completely with item "B" below. B) Employees separating from service because of a disability retirement, after five (5) years of service, will be compensated at 90% of the employee's accumulated, °R unused sick leave at the same rate the employee would have received had he/she used the benefits to receive full pay while absent on the date of the cash -out payment. A BH/ss h Ac h ro n 971s l-rt-py. ffa 1 1 Z f -N NT AOT--L,AN 'UAE—Va, 25 A Q FIF ATTACHMENT "C" ^""^� �"� 17- DEPARTMENTAL INSTRUCTOR TRAINING REIMBURSEMENT Firefighters' Association A. Employees sent to training at City expense, for the purpose of training and instructing members of the department in training disciplines, shall commit to serve as a department instructor for a minimum of two years. Any member who chooses not to honor this commitment will be required to reimburse the City for costs associated with the training according to the following schedule: 1. Voluntary separation during the training program - 100% of the City's expended costs for the training. Reimbursement is not required if the City receives credit back from the training program. 2. Voluntary separation from department instructor during the first year following the training course(s) -100% of the City's expended costs for the training. 3. Voluntary separation from department instructor during the second year following the training course(s) - 50% of the City's expended costs for the training. 4. Voluntary separation during the third year, and thereafter, following the training - course(s) - no reimbursement. 5. Members who voluntarily separate from the City will be exempted from this provision, unless the member leaves within the first six (6) months after completion of the training. To determine reimbursement costs, the City's cost will be limited to the following: 1. Fees for the course(s). 2. Travel, per diem and lodging expense. BWu H;\duon971mau2atb.8a 0 093 01 ATTACHMENT D 25� Firefighters' Association Eliminate the current practice of "refinancing" to the maximum allowable loan amount. d B. As of July 1, 1997, all participants to the loan program will be eligible for an initial, interest free loan in the amount of $4,000 (four thousand dollars). An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under. this program. C. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at an interest rate of 3%. All loans would include a 36 -month repayment term. u D, Eligible purchases shall be expanded to include ergonomic -related furniture and equipment. E. Anti-viral software shall be required as a prerequisite in granting requested loans F. City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. City is to be notified of any exchange or updating of equipment. G. "After -the -fact" financing is allowed only with prior approval of the Director of Finance or his/her designee. BFuss I h:thmn971comloan2.ffa 0 094 A. PURPOSE: B C. ATTACHMENT "E" GRIEVANCE PROCEDURE Firefighters' Association 1. To promote improved employer-employee relations by establishing procedures for the fair and orderly resolution of disputes between the City and the Union and/or the City and employees represented by the Union. 2. To provide that grievances shall be settled as near as possible to the point of origin. 3. To provide that the grievance procedures shall be as informal as possible. DEFINITION - A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this agreement. Such controversy must pertain to any of the following: 1. Any matter involving the application of any provision of this agreement; or 2. Any matter involving the violations of any provision or intent of this agreement; or 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, policies and/or laws affecting the employees covered by this agreement; or 4. Any protests of ratings or performance evaluations. EVALUATIONS: If an employee disagrees with their performance evaluation, Steps 1 and 2 of the grievance procedure shall apply to challenge the content of the employee's evaluation or performance review. If the grievance is not resolved at Step 2, the issue may be presented to the Director of Human Resources/Risk Management within five (5) calendar days after termination of Step 2. A meeting with the employee, Union representative and the Director of Human Resources/Risk Management will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Director of Human Resources/Risk Management. The Director of Human Resources/Risk Management may invite other members of management to be present at such meeting. The Director of Human Resources/Risk Management will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting. The findings of the Director of Human Resources/Risk Management shall be final. /(k 0 095 11 cufi 5 `0 P%rVV or. r7 �trlqmlo, D. DISCIPLINEt An appeal of discipline is not subject to the grievance procedure. An appeal of discipline is distinct from a grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her and is subject to the City's Disciplinary Appeal Procedure (Resolution 586). E. PROCEDURE - There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. STEP 1 - An employee's grievance must be submitted in writing by the employee, fully stating the facts surrounding the grievance and detailing the specific provisions of this agreement alleged to have been violated within fifteen (15) calendar days after the employee could have been reasonably expected to have had knowledge of the circumstance(s) giving rise to the grievance. The supervisor or management representative shall reply in writing to the employee by the end of the fifteenth (15th) calendar day following the presentation of the grievance and giving of such answer will terminate Step 1. STEP 2 - If the grievance is not settled in Step 1, the grievance will be presented to the Fire Chief within ten (10) calendar days after termination of Step 1. A meeting with the employee, Union representative and Fire Chief will be arranged at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is received by the Fire Chief. The Fire Chief may invite other members of management to be present at such meeting. The Fire Chief will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 2. STEP 3 - If the grievance is not settled in Step 2, the grievance will be presented to the City Manager within five (5) calendar days after termination of Step 2. The Grievant(s) or Union Representative and the City Manager shall, within seven (7) calendar days after receipt of a grievance initiated at this Step, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) calendar days from the date the grievance is referred to Step 3. The City Manager will give a written reply by the end of the seventh (7th) calendar day following the date of the meeting, and the giving of such reply will terminate Step 3. The findings of the City Manager shall be final and binding except as provided in Step 4 below. STEP 4 - In cases, and only in such cases which involve the alleged violation of the Personnel Ordinance, the Classification and Salary Resolution, the Personnel Rules or a Memorandum of Understanding, the employee may, by written notification to the Director of Human Resources/Risk Management within two (2) working days, request submission of the issue to the Los Angeles County Civil Service Commission, stating specifically the paragraphs of the Ordinance, Resolution, Rules or Memorandum of Understanding which the Grievant(s) alleges are being violated. The Director of Human Resources/Risk Management shall then submit said request, together with copies of all the pertinent forms, documents, and materials concerned, to the Los Angeles County Civil Service Commission, to review all such evidence and information as it relates to the specific violation alleged by the employee(s). F. REPRESENTATION - Employees may be represented by persons of their choice at meetings with the Fire Chief, Director of Human Resources/Risk Management, City Manager or Los Angeles County Civil Service Commission. When the grievance is processed with Union participation, the Union agrees to pay half of the cost of hearings conducted by the Los Angeles County Civil Service Commission, to a maximum annual (fiscal year) amount of three -thousand dollars ($3,000). In such a case where a grievance is processed without the Union' aproval or participation, the individual(s) shall incur the L same cost G. WITNESSESt In the event an employee represented by the Union is required by any party to appear at any meeting in any Step in this Procedure while otherwise in a paid status, the employee shall not suffer any loss of pay as a result of that appearance. H. TIME LIMITS- ` Time limits and procedures, as set forth above for each of the Steps, may be extended or waived by mutual agreement between the parties, but neither party shall be required to so agree. The parties agree that in the event the Union or any member should fail to comply with any of the time limitations set forth in this Procedure, such failure shall constitute a waiver of its right to prosecute the grievance further, unless good cause exists for the failure and the City has suffered no prejudice as a result. In the event the City or any of its representatives should fail to comply with any of the time limits prescribed in this Procedure, such failure shall compel the City to grant the remedy requested in the 0 grievance.�I 0 097 RESOLUTION NO. 4025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO FIREFIGHTER'S ASSOCIATION WHEREAS, the .City has met and conferred in good faith with representatives of the EI Segundo Firefighter's Association; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of EI Segundo and this Association; as follows: NOW, THEREFORE, be it resolved, by the City Council of the City of EI Segundo SECTION 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "Agreement") between the City of EI Segundo and the EI Segundo Firefighter's Association. SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED AND ADOPTED this 1st day of July 1997, ATTEST: Cin y Morten„' Cify Clerk (SEAL) APPROVED AS TO FORM: Mark D. Hensley, City Attorney reso2mou.fia Sandra Jacobs,o yor of the City of EI Segun CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO I, Cindy Mortesen, City Clerk of the City of EI Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 4025 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all 'at a regular meeting of the said Council held on the 1 st day of July, 1997, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilman Weston, and Councilman Gordon NOES: Councilwoman Friedkin ABSENT: None ABSTENTION; None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 3rd day of July,1997. nd Mo even C,t�Clerk � y y �of the City of EI Segundo, California (SEAL)