CC RESOLUTION 5467RESOLUTION NO. 5467
A RESOLUTION IMPOSING THE CITY'S LAST, BEST, AND FINAL
OFFER TO THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION,
IAFF, LOCAL 3682 (ESFA), PURSUANT TO GOVERNMENT CODE
SECTION 3505, ET SEQ. AND IMPLEMENTING THE RELATED
TERMS AND CONDITIONS OF EMPLOYMENT
The City of El Segundo does resolve as follows:
SECTION 1. The City Council finds and declares as follows:
A. The City of El Segundo ("City") and the El Segundo Firefighters' Association,
IAFF, Local 3682 ("ESFA") have terms and conditions governing the wages,
hours and terms and conditions of employment for members of the ESFA
bargaining unit.
B. The City is required by the Meyers-Milias-Brown Act (Government Code §
3500, et. seq.) to meet and confer in good faith with ESFA regarding wages,
hours, and other terms and conditions of employment.
C. The City's negotiation team representatives began meeting and conferring with
ESFA in October 2022 in an attempt to negotiate a successor agreement to the
Memorandum of Understanding which expired on September 30, 2021.
D. The representatives of the City and ESFA held eight (8) formal meet and confer
sessions and at least two supposal discussions/meetings, where five rounds of
proposals were exchanged over a period of ten (10) months but have not
reached agreement.
E. On June 23, 2023, the representatives of the City presented the City's last,
best, and final offer to ESFA.
F. ESFA did not accept the City's last, best and final offer, and on September 1,
2023, the representatives of the City declared impasse.
G. The City Council finds that the City of El Segundo and the El Segundo
Firefighters' Association, IAFF, Local 3682 are at impasse in these
negotiations.
H. On September 28, 2023, ESFA requested a factfinding hearing under
Government Code § 3505.5 and the City and ESFA participated in a factfinding
hearing on November 20, 2023.
The chairperson issued the findings and recommendations on December 20,
2023 and the City made the findings and recommendations publicly available
on December 21, 2023.
RESOLUTION 5467
PAGE 1 of 5
J. In accordance with Government Code § 3505.7 and no earlier than 15 days
after the factfinders' written findings of fact and recommended terms of
settlement were submitted, the City Council held a public hearing on February
20, 2024, and has considered the impasse between the City and ESFA, along
with the report and recommendations from the panel.
K. The City Council of the City of El Segundo is vested by law with the
responsibility for making a final determination regarding wages, hours and
other terms and conditions of employment for employees of the City and the
City Council is desirous of making such final determination and resolving the
impasse.
L. If any of the terms of the City's last, best, and final offer and/or related terms
and conditions of employment, or the application of any provision of said last,
best, and final offer to any person or group, are enjoined, stayed, restrained or
suspended in any legal or administrative proceeding, then said provision(s) of
the last, best, and final offer adopted by this Resolution shall be deemed
immediately, automatically and completely suspended and of no further force
and effect for any purpose, until such point as the matter is fully and finally
adjudicated.
SECTION 2. The Council further finds and declares as follows:
A. The City Council finds and declares that in accordance with the Meyers-
Milias-Brown Act, the City has met and negotiated in good faith with the El
Segundo Firefighters' Association, IAFF, Local 3682 for a reasonable period
on matters within the scope of representation.
B. The City Council finds and declares that the City presented the El Segundo
Firefighters' Association, IAFF, Local 3682 with the City's last, best, and final
offer.
C. The City Council finds and declares that the El Segundo Firefighters'
Association, IAFF, Local 3682 did not accept the City's last, best, and final offer.
D. The City Council finds and declares that the City and the El Segundo
Firefighters' Association, IAFF, Local 3682 are at impasse in these
negotiations.
E. The City Council finds and declares that the City and the El Segundo
Firefighters' Association, IAFF, Local 3682 have participated in the factfinding
process and the factfinding chairperson issued the findings and
recommendations, which the City made publicly available.
RESOLUTION 5467
PAGE 2 of 5
F. The City Council finds and declares that the terms of the City's last, best, and
final offer to the El Segundo Firefighters' Association, IAFF, Local 3682 are
hereby approved and adopted, and the related Terms and Conditions of
Employment are implemented. A copy of said last, best, and final offer and
related Terms and Conditions of Employment are attached to this Resolution,
labeled "Exhibit A," and is hereby incorporated by reference.
SECTION 3. Severability. If any of the terms of the City's last, best, and final offer
and/or related terms and conditions of employment, approved and adopted by Section 6
of this Resolution or the application of any provision of said last, best, and final offer and/or
related terms and conditions of employment to any person or group, are enjoined, stayed,
restrained or suspended in any legal or administrative proceeding, then said provision(s)
shall be deemed immediately, automatically and completely suspended and of no further
force and effect for any purpose, until such legal and/or administrative proceeding is
concluded by a final adjudication including exhaustion of any and all appellate
proceedings.
SECTION 4. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 5. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 6. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED AND ADOPTED this 20th day of February 2024,
ATTEST:
(JA"f�(
Tracy "lea , City Clerk
APPROVED AS TO FORM:.
Mark D. Hensley, City Att hey
Chris Pimentel, Mayor Pro Tern
RESOLUTION 5467
PAGE 3 of 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5467 was duly passed and adopted by said City Council, approved and
signed by the Mayor Pro Tem, and attested to by the City Clerk, all at a regular meeting
of said Council held on the 20th day of February, 2024, and the same was so passed
and adopted by the following vote:
AYES: Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member
Giroux, and Council Member Baldino
NOES: None
ABSENT: Mayor Boyles
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of February,
2024.
Tr y Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION 5467
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EXHIBIT A
City of El Segundo Last Best and Final Offer to
the El Segundo Firefighters' Association and related Terms and Conditions of Employment
RESOLUTION 5467
PAGE 5 of 5
Effective: a ruary 20, 20,2
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
ARTICLE I- GENERAL PROVISIONS
SECTION1.01- Preamble...............................................................................M............. .................1
SECTION 1.02- Recognition............................................................................................. .....1
SECTION1.03- Term.................................................................................................... ........ ...........1
SECTION 1.04- Management Rights ........................ _._........................ ......................... ,.., ...........2
SECTION 1.05- Savings Clause ....................................................... ......... ........... ............... .......... 2
SECTION1.06- No Strike Clause....................................................................................... ..........2
SECTION 1.07- Maintenance of Existing Benefits ...... ..............__....,............ ....,... ........ ,..........2
SECTION 1.08- Notice to Meet and Confer .......................... ......................... ................ „............. 3
ARTICLE 2- SALARIES
SECTION2.01- Salaries ..................................................... .,................... __.......... ............... ............ .3
SECTION 2.02- Schedule of Classes by Series.............................................................. _.....,......4
SECTION 2.03- Salary Schedule Calculation Methodology............................................................4
SECTION 2.04- Regular Rate of Pay.................................................................................................4
SECTION 2.05- Base Salary Schedule- Step Advancement...........................................................5
SECTION 2.06- Firefighter Compensation/Probationary Period....................................................5
SECTION 2.07- Change in Anniversary Date & Range Number.....................................................5
SECTION 2.08- Salary Placement on Promotion..........................................................................„.. 5
ARTICLE 3- INCENTIVE COMPENSATION
SECTION 3.01- Paramedic Special Assignment Pay ...................... ............... ............................ ...,.6
SECTION 3.02- Paramedic License Incentive.................................................................................. 6
SECTION 3.03- Fire Staff Premium Pay............................................................................ .........7
SECTION 3.04- Hazardous Materials Incentive Pay ...__ ............. ................., ....,......7
SECTION 3.05- Light -Duty Pay........................................................................ ........ ..................... 7
SECTION 3.06- Fire Investigator Premium Pay ...,...... ,................. ................. .... 7
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION 3.07- Tiller Premium Pay ....................... .... ....«........................ ___ ........ ,,........... «.............8
SECTION 3.08- Driver's License Premium Pay .. ......... ............. ..«.«............... ....... , ,............. ,...... 8
SECTION 3.09- Requesting Incentive Compensation .......... .«....................... ...,.............. ........ 8
SECTION 3.10- Temporary Upgrade Pay .......................... ......«................... ,....««,.................... ...,«.«...9
ARTICLE 4- EDUCATIONAL PROGRAM
SECTION4.01- Incentive Pay .................. ......... ............... .........«,........ ............. ..«..,..,.. ....................9
SECTION4.02- Eligibility ....................... ___ ........... ....,.......... ................«................................9
SECTION 4.03- Continuous Training .....««..................... ___ .......... .....,...«...«..,.,..........................9
ARTICLE 5-EDUCAITONAL PROGRAMS- TIER TWO
SECTION 5.01- Educational Bonus.... ........ ................... ....... ......... ....... ......... ............................. ..10
SECTION5.02- Eligibility ................ ....... ,........................ ,..«.,«««........ ............. ,....., ...,«, ...,...,,..........10
ARTICLE 6-LONGEVITY PAY
SECTION6.01-Tier One ................ ..... ..,................. ...... .............. ......... ......... ___ .... ............. ,.... «.10
ARTICLE 7-LONGEVITY PAY- TIER TWO ........... ..................................... .................. ..............,.11
ARTICLE 8- INSURANCE- ACTIVE EMPLOYEES
SECTION 8.01- Basic Health and Medical Insurance .,..,....,..«.,« ................... ..........«...................... 11
SECTION 8.02- Health Insurance Formula ..................«........................ ««,«.................... 11
SECTION 8.03- Dental, Optical, and Life Insurance .... ................. ................ .«........ ........... ............ 11
SECTION 8.04- Long -Term Disability Insurance ....,,...«...««.«.« ........................ ___ .......... ............... 12
SECTION 8.05- Catastrophic Leave Program .......... .........«,...,«....,.................... «,««,........................ 12
SECTION 8.06- Long -Term Care Group Insurance ............ ........................... ........ «..««.«.................. 13
SECTION 8.07- Medical Contribution- On Duty Death,..................................«..««.......................,,.« 13
SECTION 8.08- Flexible Spending Account ......................... ............ ........ .... ....... ......... .... ....... ..... 13
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
ARTICLE 9- INSURANCE — RETIRED EMPLOYEES
SECTION 9.01- City Sponsored Medical Insurance Plans ..............................„. „....,,...................13
SECTION 9.02- Other Medical Insurance Plans ................... .............. ..................„...........,............. 14
SECTION 9.03- Retiree Dental and Vision ......................... ...................... ,.,................. ........14
ARTICLE 10- SICK LEAVE
SECTION 10.01- Sick Leave Accrual ... ........ ...... ..................... ____ ...... ....... ............... ....... ,...,...... 14
SECTION 10.02- Sick Leave Usage for Family Care... ... ............................... .... ..................15
SECTION 10.03- Sick Leave Payment Upon Separation ...,„... _...................................................15
SECTION 10.04- Sick Leave Payment Upon Disability Retirement ........ ..................„.................... 15
SECTION 10.05- Sick Leave Payment Upon Death .... ...... .......................... ................16
SECTION 10.06- Annual Payment for Hours Over Maximum........................................................16
ARTICLE 11-VACATION
SECTION 11.01- Accrual- 40 Hour Work Week .......... ........ ..........M,,,,.,.....................,.,..,,..,,....16
SECTION 11.02- Accrual- 24-Hour Shift ... ................................ .....................................................16
SECTION 11.03- Vacation Eligibility ..................................... .......................... ......... ........... ....... 17
SECTION 11.04- Vacation Buy Back ....................................................... ,,........,.................... ...,,17
SECTION 11.05- Vacation Accrual on IOD.....................................................................................17
SECTION 11.06- Promotion and Transfer Eligibility .,,.,,..„..„........ ............ .........„.,........ ................ 17
SECTION 11.07- Payout on Termination .................... ............ ....,.. ..................17
SECTION 11.08- Emergency Use ............................................ ........... __......... ,....... ... ......, ......,..17
ARTICLE 12- OVERTIME
SECTION 12.01-General ......................... ____ ........„.......................___.......,.......................,.,,.18
SECTION 12.02- Overtime Under FLSA........................................ ................. ..,.. ........18
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION 12.03- Forced Hire Compensation ..... ____ ....................................... .......... __... ..... 18
SECTION 12.04- Compensatory Time Off ......................... ........... .. ........................... ....,.............19
SECTION 12.05- No Prescribed Staffing Levels............. ...................................... ..................... ....19
ARTICLE 13- DEFERRED COMPENSATION PROGRAM
SECTION 13.01- Eligibility/Program Administrator ................... .......... ............ .............................. 19
SECTION 13.02- Deferred Compensation Matching Funds..........................................................19
ARTICLE 14- RETIREMENT- PERS
SECTION 14.01- PERS Retirement Plan .......................... ............................ .................... .... ........20
SECTION 14.02- Optional Benefits........................................................................... ........ ........ 20
SECTION 14.03- PERS Payment Pick -up ........................................................ ...... ..............__ 21
ARTICLE 15- UNIFORM AND SAFETY EQUIPMENT
SECTION 15.01- Uniform Maintenance Program............................................................................21
SECTION 15.02- Cal OSHA/ Fed OSHA Uniform Requirements....................................................21
SECTION 15.03- Department Uniform Officer ...............................,..,..... ........ ............. .M.............22
ARTICLE 16- BEREAVEMENT LEAVE
SECTION16.01-General ............................................................. ___ ............................ ............... 22
SECTION 16.02- Use of Other Leaves ........................................... ......... ........ ..,.,...................22
SECTION 16.03- Documentation ............................................ .....................................................22
ARTICLE 17- SAFETY COMMITTEE
SECTION 17.01-Selecting Members ................................................................................. .......... 22
SECTION17.02- Purpose............................................................................................................. 22
SECTION17.03- Meetings ................................. .................. ................ ........ .... ............. ............ _23
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
ARTICLE 18- TRAINING REIMBURSEMENTS
SECTION 18.01- Paramedic Training Reimbursement.. .... ............ .... _,__ .. ............ __ .... __,_23
SECTION 18.02- Department Instructor Training........ ................... ____ ....,„......................,..„.„ _ 24
ARTICLE 19- EDUCATIONAL REIMBURSEMENTS
SECTION 19.01-Reimbursement for Courses ............. .........„............ .................. ......,................... 24
SECTION 19.02- Reimbursement for Tuition and Books „ .............. ......................„...,.„......... ..... ....25
SECTION 19.03- City Reimbursement Agreement ......... ..................... ... ..M...., .......... ....... _ 25
SECTION 19.04- City Reimbursement Schedule ..................................... ........................,... 26
ARTICLE 20- TEMPORARY APPOINTMENTS
SECTION20.01- General............................„.,..,..............,,.............„..............................................26
SECTION 20.02- Method for Filling Vacancies ............................. ........................... . ..____ ,.., 26
SECTION 20.03- Guidelines ........................................... ....................... .................. .„, .,,............. 26
SECTION 20.04- Parameters for Conferring ..... .........................................___ ............ .......... ..27
SECTION 20.05- Determination of Appointment„............................................................ ....._ 27
SECTION 20.06- Intent of Policy ...................................................___ ...... ..„.........., .,.....,„....„.„27
ARTICLE 21- MAINTENANCE AND REPAIRS
SECTION 21.01- Limited Maintenance and Repair.... ... ..................................... ......... ___ ..... ,...... ...27
SECTION 21.02- Administrative Offices (Fire Station #1).............................................................. 28
ARTICLE 22- MATERNITY LEAVE
SECTION 22.01- Equal Benefits ............... ............. ...„.................... .......... ..... ..... __........... ....... .„...28
SECTION 22.02- Working and Reporting ..,......„„.............................................„..,.....,...............28
SECTION 22.03- Light Duty .......... ___ ... ___ .......................... ,................,,.......„..............,......,....28
SECTION22.04- Leave ............................... __ ........................ ........,,.............,....... .............. ......... 29
SECTION 22.05- Notice of Leave ................... ....... ___ ...... ............ ............. „............ ......... .....,.....„„29
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
SECTION 22.06- Returning to Work ..... --- ................. ................................. .,....,.... ..................29
SECTION 22.07- Comparable Position., ....... ........ ............ -- ... .......................... 30
SECTION22.08- Rights ................................ ................ ............... ..,............................................30
ARTICLE 23- POLICY AND PROCEDURE AGREEMENTS
SECTION 23.01- Disability Retirement Appeal Procedures.......................................................... 30
SECTION 23.02- Injury on Duty Procedures ...... .................. ........ ................ .................. 30
SECTION 23.03- Modified Dutv Procedures ......................... ............................ .................. 30
SECTION 23.04- Rehire Policies .............................................. �....................... .......... ......,......... 31
SECTION 23.05- Rank for Rank Policv...................................................................... ..................31
SECTION 23.06- Layoff and Recall Policy .......... .........................................,..............................31
SECTION 23.07- Grievance Procedure ................................... ............. -..................................... 34
SECTION 23.08- Shift Trade Policy............................................................ ........... .......... ...... .....37
SECTION 23.09- No Smoking Policy ..................................................... ....... ....... ............., 38
SECTION 23.10- Medical Examination Policy, ........................................................ ........ ........ 38
SECTION 23.11- Military Leave Policy............................................................. ....... ................38
SECTION 23.12- Election Day Voting Policy .............. ..._.........................................................38
SECTION23.13- Jury Duty.............................................................................. ............................ 38
SECTION 23.14- Firefighters Procedural Bill of Rights.................................................................39
SECTION 23.15- Residency Requirement ............................................ ....... ......................... 39
ARTICLE 24- UNION BUSINESS
SECTION 24.01- Bulletin Boards.................................................................................................39
SECTION 24.02- Union Meetings ......................................... ....... ................... .,...,...... ..............39
SECTION 24.03- Conduct of Union/Association Business............................................................40
SECTION 24.04- Voluntary Dues Deductions................................................................................40
ESFA TERMS AND CONDITIONS
TABLE OF CONTENTS
ARTICLE 25- HOLIDAYS
SECTION 25.01-Accumulation ............................................ ......... .............................. ...,.,...........41
SECTION 25.02- Annual Payment. ................................................ ..................... ,..,... .,.,............ .41
SECTION25.03- PERS Pick-Up........................................................................................ .......41
ARTICLE 26- MISCELLANEOUS
SECTION 26.01- Opportunity to Review Materials .................... ...... ......... ........ .. ...... .,...... ,........ .....41
SECTION 26.02- Training Public and Employees ...................... _... ,................... ......... ................ 42
ARTICLE 27- SCHEDULE
SECTION 27.01- Schedule- Suppression Employees ... ......... ............ ......... __ ........ .............,...,.42
ARTICLE 28- LIMITED LAYOFFS
SECTION28.01- No Layoffs ......................................................................................................42
EXHIBIT I- Supplemental Procedures for Appeals by Firefighters of Punitive Action Under the
Firefighters Procedural Bill of Rights
EXHIBIT II- Salary Schedules
EXHIBIT III- Educational Incentive Pay Schedule
EXHIBIT IV- Paramedic License Incentive Pay Schedule
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 1 of 42
ARTICLE 1 — GENERAL PROVISIONS
Section 1.01 PREAMBLE
1. These Terms and Conditions of Employment apply to the El Segundo Firefighters'
Association, affiliated with the International Association of Firefighters, hereinafter,
referred to as "Union", and the management representatives of the City of El Segundo,
hereinafter referred to as the "City", pursuant to the California Government Code Section
3500 et seq.
2. The parties have met and conferred in good faith regarding employment conditions and
these Terms and Conditions of Employment shall be effective as described in Section
1.03, below. There will be no other negotiations for salaries, benefits, and working
conditions for the term covered by these Terms and Conditions unless both parties
agree otherwise. Nothing herein prevents the City from meeting and conferring with the
Union on proposed changes to the City's Personnel Rules and Regulations, which are
within the scope of representation.
Notwithstanding the above, the Parties previously agreed that either party may re -open these
Terms and Conditions and require the other party discuss the following items:
(a) Modification to the Municipal Code
(b) Arbitration of claims
(c) Worker's Compensation Carve Out Program
(d) Education Reimbursement Program
However, no changes shall be made with respect to any of the above items without mutual
agreement by the parties.
3. Any and all prior or existing Memoranda of Understanding, Letters of Agreement,
Addendums, Side Letters, and other such documents between the parties are hereby
superseded and terminated in their entirety, whether or not the specific subject matter of
any such document is addressed herein.
Section 1.02 RECOGNITION
The City hereby confirms its recognition of the Union as representative of the employees in the
representation unit containing positions specifically set forth below, and has agreed to meet and
confer with the Union on all matters relating to the scope of representation pertaining to the said
employees as authorized by law. For representation purposes, the unit shall consist of the
following positions: Firefighter, Fire Paramedic, Fire Engineer, and Fire Captain. The Union was
also recognized to represent the previous position of Special Assignment Paramedic.
Section 1.03 TERM
These Terms and Conditions shall be effective February 20, 2024. These Terms and Conditions
shall remain in full force and effect until such time as a new agreement is reached.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 2 of 42
Except as limited by specific and express terms herein, the City hereby retains and
reserves unto itself all rights, powers, authority, duty and responsibilities conferred on
and vested in it by the laws and the Constitution of the State of California and/or the
United States of America.
2. The management and the direction of the workforce of the City is vested exclusively in
the City, and nothing herein is intended to circumscribe or modify the existing rights of
the City to direct the work of its employees; hire, promote, demote, transfer, assign and
retain employees in positions within the City, subject to the rules and regulations of the
City; suspend or discharge employees for proper cause; maintain the efficiency of
governmental operations; relieve employees for lack of work; take action as may be
necessary to carry out the City's mission and services in emergencies; and to determine
the methods, means and personnel by which the operations are to be carried out within
the scope of representation.
Section 1.05 SAVINGS CLAUSE
If any provision or the application of any provision of these Terms and Conditions of
Employment as implemented should be rendered or declared invalid by any final court action or
decree, or by reason of any preemptive legislation, the remaining sections of these Terms shall
remain in force and effect.
Section 1.06 NO STRIKE CLAUSE
1. California Labor Code Section 1962 provides that firefighters shall not have the right to
strike, or to recognize a picket line of a labor organization while in the course of the
performance of their official duties. Therefore, and irrespective of the term or existence
of any Memorandum of Understanding or other rule or regulations, the parties
acknowledge that such activity is unlawful.
2. Additionally, any other job action, including but not limited to slow downs, speed ups,
"sick outs" and other activity actually or potentially having a negative impact upon the
public health and welfare, is deemed illegal and is prohibited, irrespective of the term or
existence of any Memorandum of Understanding e.g. see City of Santa Ana v, Santa
Ana Police Benevolent Association (1989) 207 Cal.App. 3rd 1568, 255 Cal.Rptr. 688
regarding public safety organization "sick outs").
Section 1.07 MAINTENANCE OF EXISTING BENEFITS
1. The Terms and Conditions of Employment contain all of the covenants, stipulations and
provisions applicable to the parties. It is understood that all items relating to employee
wages, hours and other terms and conditions of employment not covered in these Terms
and Conditions of Employment are covered by existing ordinances, resolutions, policies,
and practices of the City, as well as the Personnel Rules and Regulations presently in
effect. Therefore, for the life of these Terms, neither party shall be compelled to meet
and confer with the other concerning any mandatory meet and confer issues whether
specifically discussed prior to the implementation of these Terms or which may have
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 3 of 42
been omitted in the discussions which led up to the implementation of these Terms,
except as provided or by mutual agreement of parties.
2. Nothing herein prevents the City and Union from meeting and consulting on the City's
Personnel Rules and Regulations, which are within the scope of representation.
However, the mutual agreement of both the City and Union are required to effect any
change.
Section 1.08 NOTICE TO MEET AND CONFER
Except in cases of emergency as provided in Government Code Section 3504.5, the
governing body of a public agency, and boards and commissions designated by law or
by such governing body, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the
governing body or such boards and commissions and shall give such recognized
employee organization the opportunity to meet with the governing body or such boards
and commissions.
2. In cases of emergency when the governing body or such boards or commissions
determine that an ordinance, rule, resolution or regulation must be adopted immediately
without prior notice or meeting with a recognized employee organization, the governing
body or such boards, and commissions shall provide such notice and opportunity to
meet at the earliest practicable time following the adoption of such ordinance, rule,
resolution, or regulation.
ARTICLE 2 — SALARIES
Section 2.01 SALARIES
Effective October 14, 2008, the past practice of "compounding" base salaries shall
terminate, whereby base salaries were previously supplemented and increased in
amounts determined by the percent of incentives/special compensation pay.
2. Effective February 24, 2024, the base salary of each represented employee shall be
increased by one and one-half percent (1.5%)
3. Attached to these Terms and Conditions of Employment as Exhibit II, and incorporated
herein by reference as though set forth in full, is the actual computation of base salaries
as reflected by the above provisions of this Section 2.01.
4. The Parties agree to re -open the Terms and Conditions of Employment, at the City's
option, if the City determines that it is facing a fiscal hardship. However, no changes
shall be made based upon this re -opener without mutual agreement by the parties.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 4 of 42
Section 2.02 SCHEDULE OF CLASSES BY SERIES
1. The following respective range numbers are hereby allocated and assigned to the
following respective positions in the service of the City, hereinafter set forth:
Firefighter
Fire Engineer
Fire Paramedic
Fire Captain
483 Steps A — F
497 Steps A — E
497 Steps A - E
510 Steps A - E
2. Effective November 28, 2015, a new classification of Fire Paramedic shall be
established. The assigned salary range is 497, Steps A — E.
Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY
1. The methodology used in computing adjustments in monthly salary shall be as follows:
2. Adjustments are to be computed from the amount shown in the base salary columns,
step A through F of Range 483, and step A through E of Ranges 497 and 510 of the
Base Salary Schedule. Multiply each step by the percent of the new salary adjustment.
Once all of the salary steps have been computed, each salary figure shall be rounded off
to two (2) decimal places, and this amount will comprise the new base salary schedule.
Taxable pay will be calculated by subtracting the Public Employee Retirement System
(PERS) picked up by the employer in accordance with Internal Revenue Code Section
414(h)(2), (which is calculated at 9% of the resulting regular rate of pay). Hourly rates for
each step are calculated by multiplying the respective unrounded salary step plus
applicable incentives (regular rate of pay) by twelve (12) and then dividing by two
thousand nine hundred twelve (2,912) and rounding off the result to the nearest two (2)
decimal places.
Section 2.04 REGULAR RATE OF PAY
These Terms and Conditions periodically refers to the "regular rate of pay." The "regular rate of
pay" is defined in 29 USC § 207(e) within the Fair Labor Standards Act ("FLSA" ). The term
"regular rate of pay" as used herein is intended to be consistent with the definition assigned in
the FLSA as described in 29 USC § 207(e). Therefore, the regular rate of pay is the
remuneration paid to or on behalf of the employee except for those items excluded from the
regular rate of pay as set forth in 209 USC § 207(e)(1-8.) The parties acknowledge that the
City does not pay the employee's 9% PERS member contribution and consequently employer
paid member contribution of 9% does not apply to this bargaining unit and is not to be
calculated as part of the regular rate of pay. Such acknowledgement shall not cause any
reduction of pay as the result of this language.
The regular rate of pay is derived by taking all remuneration paid to or on behalf of the
employee except for the excluded items as set forth in 29 USC 207(e)(1-8)then dividing this
number by the number of hours regularly scheduled in a standard two week pay period.
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Effective February 20, 2024
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Section 2.05 BASE SALARY SCHEDULE -STEP ADVANCEMENT
1. The advancement of a new employee from Step A shall be on the new employee's
anniversary date which is established as the day immediately following satisfactory
completion of his/her first six months service; Steps B, C, D and E (F for Firefighters
only) contemplate one year's service in each of such classification subject to the
limitations of the paragraph below and the advancements there from shall be on the
anniversary date of the employee; Step E (F for Firefighters only) contemplates
continued service in such step until further advancement is indicated by reason of
longevity.
2. If the employee's anniversary date falls in the first week of the pay period, the effective
date of the increase will be the first day of that pay period; if the anniversary date falls in
the second week of the pay period, the effective date of the increase will be the first day
of the following pay period. An employee in the fire service shall be presumed to merit
an increase in pay unless his or her current performance evaluation on file rates him or
her below standard or unsatisfactory and the Fire Chief notifies the Personnel Officer
and employee in writing at least ten days in advance of the scheduled increase that the
increase in pay should be withheld, stating reasons. If employee's performance
subsequently improves to a satisfactory level, the pay will be granted upon the issuance
of a satisfactory performance report.
Section 2.06 FIREFIGHTER COMPENSATION/PROBATIONARY PERIOD
Fire service employees shall be appointed to the position of Firefighter and compensated at
Step A of the range assigned to Firefighter (483) for the first six (6) months from their date of
hire. They shall be on probation during the first twelve (12) months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
An employee advanced from one range to another, shall receive a new anniversary date, which
is the date of the change. Other changes in salary, unless specifically directed by the Council
or as provided in the second paragraph of the Section herein entitled "Base Schedule -Step
Advancement" herein shall not change the anniversary date, except for promotions made in
accordance with the Personnel Merit System ordinance and the Personnel Rules and
Regulations. The City Council reserves the right at any time, and in its sole discretion, to
change the range number assigned to any officer or employee and to determine the particular
step in any range number which is to be thereafter assigned to any such officer or employee.
Section 2.08 SALARY PLACEMENT ON PROMOTION
1. In all cases where an employee is promoted to a classification for which a higher rate of
compensation is provided, then such employee so promoted shall enter into such
higher classification at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of the base rate of the
affected employee.
2. All supervisors shall be paid a base rate not less than the next higher base rate than
any of their subordinates. In the event that a supervisor is paid a base rate of pay equal
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Effective February 20, 2024
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to or lower than one of his/her subordinate's base rate, the supervisor's base rate shall
be advanced to a step in his/her salary range which is next higher than any
subordinate's base pay exclusive of longevity pay, educational incentive pay, and
special assignment pay.
3. Any affected employee assigned to and performing the duties of a Fire Paramedic and
who is promoted, shall suffer no decrease in base salary (pre -promotion base salary
being measured by base salary plus any paramedic bonus). This Section shall not
apply to paramedics who suffer a salary decrease because of a reassignment out of the
paramedic program (as opposed to a promotion).
ARTICLE 3 — INCENTIVE COMPENSATION,
Section 3.01 PARAMEDIC SPECIAL ASSIGNMENT PAY
Effective the pay period beginning November 28, 2015, Paramedic Special Assignment Pay
shall no longer be provided to members of this bargaining unit. Rather, employees currently
performing special assignment paramedic duties shall be reclassified to the newly created
classification of Fire Paramedic.
Section 3.02 PARAMEDIC LICENSE INCENTIVE
Effective October 14, 2008, permanent sworn employees that possess a California
Paramedic License and have Accreditation by the County of Los Angeles will be
compensated at the monthly amount set forth in Exhibit V.
2. The members qualifying for this incentive may be utilized on paramedic assessment
apparatus. These employees will be used on rescue ambulances to cover for members
in the special assignment paramedic status when no special assignment paramedic can
be reasonably called in from off duty. When no Fire Paramedic can be reasonably called
in from off duty, then the following procedure will be used.
a. If the opening occurs on a rescue ambulance, move the special assignment
paramedic from the assessment apparatus to the rescue ambulance.
b. Move an on -duty qualified paramedic Engineer or Captain to the assessment
apparatus and hire back a Firefighter (the on -duty Battalion Chief will decide
based on operational need as to which on -duty member would best be moved.)
c. If there is no on -duty qualified paramedic Engineer or Captain, check availability
for an off -duty qualified paramedic Engineer or Captain who has signed up and
attempt to rehire (Engineers will be considered first then Captains.)
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d. If there are none on the availability rehire list, then attempt to force hire an off -
duty qualified paramedic Engineer or Captain (Engineers will be force hired first
before Captains.)
e. If no off -duty qualified paramedic Engineers or Captains can reasonably be
called in from off -duty, then a firefighter will be force hired to fill the vacancy.
3. Members who have never been certified/licensed or who have decertified (no longer
licensed) and seek certification or recertification (licensure) will be sponsored by the City
at the member's request. Certification, recertification or licensure shall be at the
member's own time and expense including all fees for testing, licensure and any other
associated costs with the exception of continuing education currently provided by the
City's EMS Educator. Educational reimbursement will not be provided for outside
training required for the initial recertification/licensure, or in situations where the
employee did not attend classes provided in-house by the City's Nurse Educator or other
City provided resource. Once a member has in his/her possession a California
Paramedic License and Accreditation from Los Angeles County and makes those
documents available for inspection by the City, they shall be compensated as per the
provisions in these Terms and Conditions of Employment.
4. The City shall continue to provide an EMS Educator,
Section 3.03 FIRE STAFF PREMIUM PAY
Effective October 14, 2008, uniformed personnel who are assigned Fire Department work
outside of the Suppression Division shall receive fire staff premium pay equal to Fifteen percent
(15%) above the employee's regular rate of pay to which they are entitled.
Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL INCENTIVE
PAY
Effective the pay period beginning November 28, 2015, Hazardous Materials Pay shall no
longer be provided to members of this bargaining unit.
Section 3.05 LIGHT -DUTY PAY
When an employee is assigned to light duty because of a temporary physical disability or
condition, she/he shall be paid at the rate of her/his normal duty assignment without regard to
the temporary duty schedule.
Section 3.06 FIRE INVESTIGATOR PREMIUM PAY
The assignment of cause and origin/arson investigators (also described as "fire investigators")
shall be created with the assignment requirements being designated by the Fire Chief.
Employees selected to serve in this assignment shall receive a $50.00 per month stipend. The
stipend shall commence with the employee providing evidence of having successfully
completed mandated training and qualification to be certified to perform the duties of the
assignment.
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Section 3.07 TILLER PREMIUM PAY
Employees classified as Firefighters and tiller certified by the City shall receive a monthly
stipend of $50.00.
Section 3.08 DRIVER'S LICENSE PREMIUM PAY
1. Effective the pay period beginning November 28, 2015, Driver's License Premium Pay
shall no longer be provided to members of this bargaining unit.
2. The City will provide the training and the means (i.e., equipment) to obtain the Class "C"
license with a firefighter endorsement qualified to operate a class "A" vehicle. In the
event the City elects not to provide the training or means to obtain the required license,
the requirement for the respective license shall be dropped until such time as the City
again provides the said training and means.
Section 3.09 REQUESTING INCENTIVE COMPENSATION
1. Members eligible to receive incentive compensation shall make a request in writing in
order to receive such compensation (NOTE: through an approved form through
channels to the Fire Department Personnel Officer. They shall also provide copies of
the necessary proof of their eligibility to receive the incentive as outlined below:
Paramedic License Incentive.
Educational Program — EMT-D
Educational Program — Units
Educational Program — Certificate
Educational Program — Degrees
Re uired Proof
Accreditation, license and certification by
County of Los Angeles and State of California
as a Paramedic.
A current EMT-D certification
Official or unofficial transcript listing required
units.
Certificate, or official or unofficial transcript
listing certificate earned.
Diploma, or official/unofficial transcript listing
degree earned or showing that the
requirements have been met.
2. In addition, for incentive items that are renewed (Paramedic and EMT-D,) members
must provide proof of renewal prior to the date of expiration of the last provided proof of
eligibility. Failure to provide proof prior to the expiration will result in the loss of the
effected incentive compensation, retroactive back to the date of expiration. The
employee can have the incentive pay reinstated in the first payroll period following
provision of proof of eligibility. The reinstatement shall be retroactive to the date the
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Effective February 20, 2024
Page 9 of 42
member met the qualifications for an incentive item as indicated in the proof of
eligibility.
Section 3.10 TEMPORARY UPGRADE PAY
Employees who are assigned to work for at least a minimum of twelve (12) hours in a higher
position/classification on a temporary basis shall receive temporary upgrade pay equal to five
percent (5%) of their current base salary for all hours worked in the higher
position/classification.
ARTICLE 4 —,EDUCATIONAL PROGRAMS — TIER ONE
Section 4.01 INCENTIVE PAY
1. Members of this bargaining unit hired on or before November 28, 2015 shall be eligible
for Educational Incentive Pay for achieving the following education levels in the
amounts set forth in Exhibit III, attached and incorporated herein. Members of this
bargaining unit who achieve one of the following levels after September 30, 2021 shall
not be eligible for the additional Education Incentive Pay associated with that level.
a. Fire Science Certificate or successful completion of twenty units of college level
courses in Fire Science;
b. Associate of Arts Degree with at least twenty units in Fire Science;
C. Bachelor's Degree in Public Administration, Political Science, Chemistry or other
major course of study approved by the Fire Chief.
d. The above amounts shall not be cumulative.
2. Bargaining unit members hired after November 28, 2015, shall not be eligible for the
Education Incentive Pay described above.
Section 4.02 ELIGIBILITY
Prior to an employee engaging in a major course of study, he/she must receive written
approval from the Fire Chief for the eligibility of the specific type of College Degree to
guarantee his/her eligibility for incentive pay as provided herein.
Section 4.03 CONTINUOUS TRAINING
The City currently provides the training and the means to obtain the EMT-D certification and
the Class "B" Restricted Driver's License. In the event the City elects not to provide the training
or means to obtain the required certification or license, the requirement for the respective
certification or license shall be dropped and otherwise qualified employees shall remain eligible
for educational incentive pay until such time as the City again provides the said training and
means.
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Effective February 20, 2024
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ARTICLE 5 —EDUCATIONAL PROGRAMS — TIER TWO
Section 5.01 EDUCATION BONUS
Bargaining unit members hired after November 28, 2015, shall be eligible for a monthly
Education Bonus upon achieving the following education levels in the amounts set forth below.
In order to receive an Education Bonus, the represented employee must have received a
satisfactory score on his/her most recent performance evaluation.
The Education Bonus shall not be reflected on any City pay or salary schedule and shall not be
reported to CaIPERS as compensation earnable:
Bachelor's Degree $500 monthly
Master's Degree $900 monthly
The above amounts shall not be cumulative.
Section 5.02 ELIGIBILITY
Prior to an employee engaging in a major course of study, he/she must receive written
approval from the Fire Chief for the eligibility of the specific type of College Degree to
guarantee his/her eligibility for the Education Bonus as provided herein. Each employee who
qualifies for Education Bonus shall remain eligible during the course of his/her employment
with the City, with the following exceptions: After qualifying for the Education Bonus, an
employee shall cease to receive such Bonus during any time period that: the employee does
not meet the requirements for Education Bonus; the employee is suspended without pay; or the
employee's most recent performance evaluation is rated below standard or unsatisfactory. An
employee who has lost his/her eligibility to receive this Education Bonus under the terms stated
above shall have their Education Bonus reinstated the first payroll period following his/her re -
qualification. The City agrees that it will provide performance evaluations of individuals
receiving below satisfactory evaluation at least once every six months and that if it does not
provide a new evaluation to such an individual, he/she shall commence receiving the
Education Bonus six months after the below satisfactory evaluation.
ARTICLE 6 — LONGEVITY PAY
Section 6.01 TIER ONE
Members of this bargaining unit hired on or before November 28, 2015 shall be eligible for
Longevity Pay, as set forth in Exhibit IV, attached and incorporated herein.
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Effective February 20, 2024
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ARTICLE 7 — LONGEVITY PAY —TIER TVd"IPO
Bargaining Unit members hired on or after November 28, 2015, shall be eligible for Longevity
Pay as follows:
6 years of service — $500 monthly
13 years of service —$700 monthly
20 years of service —$900 monthly
The Longevity payments in this section are as set forth in Exhibit V, attached and incorporated
herein.
ARTICLE 8 — INSURANCE ACTIVE EMPLOYEES
Section 8.01 BASIC HEALTH AND MEDICAL INSURANCE
The City will consult with employees through the insurance committee and consider all
suggestions and presentations on the types of insurance plan or plans to be purchased. The
City reserves the right to determine the insurance carrier with whom the City will contract for
coverage.
Section 8.02 HEALTH INSURANCE FORMULA
Effective January 2021, the maximum monthly City -paid health insurance premium
contribution for medical health insurance will be $1,650.
2. Effective March 2024, the maximum monthly City -paid health insurance premium
contribution for medical health insurance will be $1,700.
3. Employee Assistance Program — The City shall provide a basic level of service to
employees at City cost. Basic level shall consist of three (3) sessions per member/per
incident/per year. Employees may voluntarily enroll in the EAP/Outpatient tier at their
own cost; the 2016 monthly rate is $9.52 and is subject to change.
Section 8.03 DENTAL OPTICAL AND LIFE INSURANCE
Effective January 2019, the City shall pay 100% of the premiums for the agreed -upon dental,
optical and life insurance for employees and eligible dependents to the maximum of $135 per
month. Effective March 2024, the maximum will increase to $184.25 per month. The City will
apply the maximum dollar amount to the payment of the various premiums in the following
order: (i) optical, (ii) life, and (iii) dental. The City will extend dental coverage for dependents
to the age of 26 as is the current practice for medical insurance. Effective as soon as
practicable following implementation of these Terms and Conditions, the City shall pay basic
life premiums to increase coverage to $50,000.
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Effective February 20, 2024
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Section 8.04 LONG-TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 100% of premiums for
California Association of Professional Firefighters reported to the taxing authorities as
ordinary income of the employees.
An employee who has qualified for Long -Term Disability as a result of an injury or
illness shall be required to implement a 50/50 integration benefit (50% of the available
LTD benefit being funded by any and all accrued leaves) under the LTD Plan after their
FMLA time expires. This 50/50 option will continue until the employee returns to duty,
terminates employment, or exhausts all accrued Leaves. During use of the integration
benefit process, the City will continue the employee's medical insurance and retirement
payments as if the employee were not on Leave.
2. Employees of the Firefighters Bargaining Unit may participate in the City's Catastrophic
Leave Program. Members on Long -Term Disability Leave, upon exhausting all accrued
leaves, will be considered for the use of the City's Catastrophic Leave Program.
Section 8.05 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. Purpose
To establish a program whereby City employees may donate accumulated time to a
catastrophic sick leave bank to be used by permanent part-time and full-time
employees who are incapacitated due to a catastrophic illness or injury.
b. Definition
A catastrophic illness or injury is a chronic or long term health condition that is incurable
or so serious that, if not treated, it would likely result in a long period of incapacity.
C. Procedures
There is established a joint-employer/employee committee composed of an individual
from each recognized employee organization and a representative of City
Administration charged with administering the Catastrophic Leave Bank.
Employees may transfer sick leave, vacation or compensatory leave to the Catastrophic
Leave Bank to be donated to an employee who is experiencing catastrophic illness and
has exhausted all personal sick leave. Such a transfer can be made on July 1 of each
year on forms provided by the City of El Segundo. The employee to receive the
donation will sign the "Request to Receive Donation" form allowing publication and
distribution of information regarding his/her situation.
Sick Leave, vacation and compensatory time leave donations will be made in
increments of no less than one day. These will be hour for hour donations.
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Effective February 20, 2024
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Employees must, at the time of donation, have a minimum of one hundred (100)hours
of accumulated illness/injury leave remaining after a donation has been made.
5. The donation of time is irrevocable. Should the recipient employee not use all of the
donated time for the catastrophic illness or injury, any balance will remain in the
Catastrophic Leave Bank to be administered by the committee and utilized for the next
catastrophic leave situation.
Section 8.06 LONG. TERM CARE GROUP INSURANCE
Effective November 28, 2015, the City shall no longer pay on behalf of each qualifying
employee any premiums for California Association of Professional Firefighters Supplemental
Long Term Care Rider Composite Plan.
Section 8.07 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
If it is determined by the Workers' Compensation Appeals Board and/or the Public
Employees' Retirement System that an Association member has died as a direct and
proximate result of the performance of duties in the course and scope of his/her
employment, then the City shall continue to make group medical insurance premium
payments on behalf of the surviving spouse until age 65, Medicare eligibility, whichever
comes first, and to the children of the deceased member until age 18. Said medical
premium payments on behalf of the children of a deceased member shall continue if at
age 18, the child commences uninterrupted college enrollment, but not to exceed the
age of 23.
2. The City -paid medical insurance premiums described herein shall be in an amount
required to fund the level of medical insurance benefits, which the deceased member
was receiving at the time of his/her death. For example, if at the time of death, the
member was enrolled in a specific HMO Plan, then future premium payments made
pursuant to this Section shall be in an amount required to maintain comparable plan
benefits.
Section 8.08 FLEXIBLE SPENDING ACCOUNT
The City shall allow employees to participate in the Flexible Spending Account pursuant to the
terms and conditions of the Internal Revenue Code.
ARTICLE 9 — INSURANCE RETIRED EMPLOYEES
Section 9.01 CITY SPONSORED MEDICAL INSURANCE PLANS
The City will pay 100% of the premium for the agreed upon health insurance, under the City's
insurance plans, 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.
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Effective February 20, 2024
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Section 9.02 OTHER MEDICAL INSURANCE PLANS
1. The City shall contribute up to $120.00 per month to employees who service retire while
under the employ of the City of El Segundo toward any medical insurance coverage
which the retiree should select for himself or herself if the selected medical coverage is
not provided under the City's insurance plans. Retirees with non -City medical coverage
shall submit proof of their annual coverage for medical insurance to the City at any time
during the year and the City will issue them a reimbursement check. Partial year
coverage shall be compensated on a pro -rated basis.
2. The above limitation shall not apply for retirees who retired before December 1989 and
in December 1989 were not receiving a City contribution to medical insurance. The
monthly limitation for such employees shall be $75.00.
Section 9.03 RETIREE DENTAL AND VISION
Upon retirement, an employee and their spouse, registered domestic partner, and/or their
eligible dependents who are actively enrolled in the City's dental and vision insurance plans
may remain enrolled in such plans as a retiree should such plans continue to remain available
to current employees, but shall be responsible for full payment of the associated insurance
premiums.
In order to be eligible to be covered by such plans, the retiring employee and their spouse,
registered domestic partner, and/or and their eligible dependents must be actively enrolled in
the plan(s) under which they are seeking continued coverage.
If, upon retirement, the employee declines continued coverage under either plan, they may not
enroll at a later time.
Upon the retiree's death, the surviving spouse, registered domestic partner and/or eligible
dependent(s) who are actively enrolled in the City's dental and vision insurance plans may
remain enrolled in such plans as surviving dependents should such plans continue to remain
available to current employees, and shall be responsible for full payment of the associated
insurance premiums.
This provision is not intended to vest either retirees or current employees once retired with any
right to remain enrolled in the City's dental and vision insurance plans. The City may decide to
change dental or vision insurance plans without regard to the impact that such a decision
would have on retirees' eligibility to enroll in such plans.
ARTICLE 10 — SICK LEAVE
Section 10.01 SICK LEAVE ACCRUAL
Permanent employees shall accumulate sick leave at the rate of one eight -hour day
accumulation for each month's service not to exceed a maximum of 1056 hours. Members of
the Fire Service in the positions of Firefighter, Fire Paramedic, Fire Engineer, and Fire Captain
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Effective February 20, 2024
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who work shifts shall accumulate sick leave at the rate of one twelve-hour day accumulation for
each month's service, not to exceed a maximum of 1584 hours. Sick leave shall be available
for immediate use beginning from date of hire.
Section 10.02 SICK LEAVE USAGE FOR FAMILY CARE
1. Affected employees are eligible to utilize a maximum of six (6) days (three shifts) of sick
leave per calendar year in order that care may be provided to immediate family
members suffering from illness or injury.
2. Immediate family member includes an employee's spouse, registered domestic partner,
child, parent, grandparent, grandchild, sibling, and a "designated person" (an employee
may designate one person per 12-month period at the time the employee requests sick
leave).
Section 10.03 SICK LEAVE PAY UPON SEPARATION
Upon separation from service of an employee, the City shall pay for the employee's
unused sick leave accumulation according to the following schedule at the same rate
the employee would have received had he/she used the benefit to receive full pay while
absent on the date of the cash -out payment:
50% after ten (10) years of service.
b. 90% after twenty (20) years of service.
2. Employees with 25 years or more of City service who have reached age 47 or more
may, in each of their final three years of employment, cash out up to 1/3 of their
accrued unused sick leave up to a maximum of 90% as long as they maintain a 120
hour post distribution balance during employment. The cash out is limited to one time
per calendar year with the exception of the final 1/3 cash out to be made on separation.
The first two payments are limited to the maximum dollar value of deferred
compensation "catch up" permitted by law for the calendar year in which the cash out is
received. In no event can an employee cash -out a cumulative total greater than that
permitted above.
3. Effective October 1, 2016, employee's sick leave pay for 8.03(1) and 8.03(2) shall be
paid at the base hourly rate set forth on the salary schedule.
Section 10.04SICK LEAVE PAY UPON DISABILITY RETIREMENT
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, unused sick leave at the
same rate the employees would have received had he/she used the benefits to receive full pay
while absent on the date of the cash -out payment. Effective October 1, 2016, employee's sick
leave shall be paid at the base hourly rate set forth on the salary schedule.
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Effective February 20, 2024
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Section 10.05SICK LEAVE PAY UPON DEATH
Employees who die while under the employ of the City will receive 75% of their accrued
unused sick leave. Benefits shall be paid to employee's beneficiaries and/or estate at the
"regular rate of pay". Effective October 1, 2016, employee's sick leave shall be paid at the base
hourly rate set forth on the salary schedule.
Section 10.06ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
On the first day of December of each year, employees who maintain a balance of 1056 hours
(Firefighters assigned to fire suppression, 1584 hours) of Sick Leave accrual shall be paid at
the "regular rate of pay" for one-half the Sick Leave accumulated and not used during the
preceding twelve-month period. Payment shall be made on or before December 10. Effective
October 1, 2016, employee's sick leave shall be paid at the base hourly rate set forth on the
salary schedule.
ARTICLE 11 —VACATION LEAVE
Section 11.01 VACATION ACCRUAL 40-HOUR WORKWEEK
1. Members of the Union who work 40 hours a week shall accumulate vacation time not to
exceed the total aggregate of two years accumulation in accordance with the following
schedule:
a. Twelve (12) working days per year with full salary for the first seven years of
continuous service with the City;
b. Eighteen (18) working days per year with full salary after seven (7) years and
until the completion of fourteen years of continuous service;
c. Twenty-four (24) working days per year with full salary after fourteen (14) years
of continuous service.
Section 11.02 VACATION ACCRUAL 24-HOUR SHIFT
1. Employees who work on a shift basis shall accumulate vacation time not to exceed the
total aggregate of two years accumulation in accordance with the following schedule:
a. Six (6) shifts per year with full salary for the first seven (7) years of continuous
service with the City.
b. Nine (9) shifts per year with full salary after seven years and until the completion
of fourteen (14) years of continuous service.
c. Twelve (12) shifts per year with full salary after fourteen (14) years of continuous
service.
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Effective February 20, 2024
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Section 11.03VACATION ELIGIBILITY
1. One (1) captain, one (1) engineer, one (1) paramedic and one (1) firefighter per shift
shall be granted vacation leave upon approved application being made and consistent
with the needs of the Department. Effective October 1, 2011, the use of unsecured
vacation shall be allowed, as provided by the rehire policy, more than one member in a
rank per shift will be able to use accrued vacation time.
2. Vacation leaves may be taken only after an employee has completed one year's
continuous service with the City.
Section 11.04VACATION BUY BACK:
Each affected employee shall be provided the option of converting one hundred percent
(100%) of annual accrued vacation leave to cash, at the base hourly rate of pay existing at the
time of distribution, during one (1) calendar year pay period as selected at the discretion of the
employee.
Section 11.05 VACATIOIN ACCRUAL ON IOD
An employee on a City approved industrial disability leave may exceed his/her maximum
vacation accrual by 50% of his/her annual vacation leave. (Example: employee on IOD with
288 hours accrued vacation may accrue an additional 72 hours, i.e. 50% of his 144 annual
accrual).
Section 11.06 PROMOTION' AND TRANSFER ELIGIBILITY
Vacations shall be honored with respect to all transfers even if that vacation period has already
been taken by another member. In addition, vacations shall be honored with respect to
promotions, however this is contingent on volunteer members being available to work.
Vacations honored under this provision that allow two members to be on vacation during the
same period shall not be available to other members should the transferred or promoted
member cancel said vacation period.
Section 11.07 PAYOUT ON TERMINATION
Upon termination of employment during a pay period, pay shall be prorated and paid for each
day worked in said pay period and the terminal salary warrant shall include accrued vacation
pay to the time of termination.
Section 11.08 EMERGENCY USE
For personal emergencies, that is, a serious illness of an "immediate family" member of the
employee or the employee's spouse and for cases of extreme and unusual hardship of an
emergency nature, employees, upon request, shall be entitled to utilize accumulated vacation
leave or compensatory time -off, for which prior notification is required; however, in certain
instances notification requirements may be waived.
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Effective February 20, 2024
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ARTICLE 12 —OVERTIME
Section 12.01 GENERAL
1. All of the members of the Fire Department shall be subject to call for service at any time.
2. All employees working a 182 hour/24 day work period shall receive premium overtime
compensation at the rate of one and one-half (1.5) times their "regular rate of pay," for all
time worked in excess of 182 hours in a 24 day work period. These Terms and
Conditions periodically refer to the "regular rate of pay." The "regular rate of pay" is
defined in 29 CFR § 778.108 et. seq. The parties acknowledge that the City does not
pay the employee's 12% PERS member contribution and consequently employer paid
member contribution of 12% does not apply to this bargaining unit and is not to be
calculated as part of the regular rate of pay. Such acknowledgement shall not cause
any reduction of pay as the result of this language.
3. All employees working a 40 hour/7-day work period, a 9/80 or other modified 40 hour
schedule shall receive premium overtime compensation at the rate of one and one-half
(1.5) times their regular rate of pay for all time worked in excess of their daily work shift
or in excess of 40 hours in a 7-day work period.
In determining an employee's eligibility for overtime compensation in a work period, "sick leave"
shall be excluded from the total hours worked.
4. 56- HOUR SUPPRESSION ASSIGNMENT- The work period for all employees assigned
to a 56-hour suppression assignment (56 hr. employees) shall be a 56-hour week,
consisting of eight (8), twenty -four-hour shifts within a 24-calendar day "FLSA cycle".
The employer shall pay premium pay of 1.5 times the regular rate of pay for all hours
worked in excess of 182 hours within the 24-calendar day cycle. Ten (10) hours of FLSA
overtime pay is considered "regularly scheduled overtime," thus premium pay reportable
to CalPERS as normal hours worked.
Section 12.02OVERTIME UNDER FLSA
a. The City shall compensate personnel who temporarily work an 8-hour day at their
regular rate of pay based on a 56-hour per week work schedule. The employee's
hourly rate shall be modified to a 40-hour per week rate if the Fire Chief reassigns the
employee to that shift for an extended term.
Section 12.03 FORCED HIRE COMPENSATION
1. Effective July 1 2006
a. Notwithstanding Section 12.01, employees subject to forced rehire shall be paid a
minimum of four (4) hours at time and one-half (it is understood that pursuant to the Fire
Department's practice/procedure, recall is a form of forced rehire). The Battalion Chief
ESFA Terms and Conditions of Employment
Effective February 20, 2024
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will release a recalled/rehired suppression employee when there is no circumstance
justifying a hold -over of the person or whenever scheduling does not justify a hold -over
of the person.
Section 12.04 Corn ensato Time Off
Effective November 23, 2018, employees may elect to convert straight time hours worked in
excess of 112 in a 12-day period to compensatory time off (CTO). Employees will be paid in
cash for the half time "premium" portion of such hours and will be credited with having worked
these hours for purposes of calculating overtime. Employees may accrue up to a maximum of
144 hours (6 shifts) of CTO.
Section 12.05 No Prescribed Staffing Levels
Consistent with El Segundo Fire Department Policy 208, the City does not have prescribed
staffing levels. As set forth in Section 1.04, the City has the exclusive management right to
increase or decrease staffing levels and assign employees, and maintain the efficiency of
governmental operations. Effective February 24, 2024, the City will end its practice of
backfilling overtime for thirteen (13) unit employees for each shift and will have the sole
discretion to determine safe and appropriate staffing levels and the type and number of
apparatus staffed.
Should the City exercise its right to make a permanent change to staffing levels, the City shall
provide notice and an opportunity to bargain any negotiable impacts.
ARTICLE 13 — DEFERRED COMPENSATION PROGRAM
Section 13.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
Union members are eligible to participate in the City's approved deferred compensation
programs. The contributions made to this program shall be borne solely by the employee (i.e.
no City contributions). In the event the City contemplates changing the program administrator,
the City will first consult with the Union.
Section 13.02 DEFERRED COMPENSATION MATCHING FUNDS
Effective November 28, 2015, the City shall no longer match contributions made by the
employee to the City's Deferred Compensation Plan established under Section 457 of the
Internal Revenue Code to a maximum of 5% of the employee's regular rate of pay. However,
the City shall deposit a final match to reflect the employee contributions made from January
2015 through the pay period ending November 27, 2015. The City shall deposit the final
matching funds on behalf of the employee into the City's Deferred Compensation Plan
established under section 401(a) of the Internal Revenue Code.
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Effective February 20, 2024
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ARTICLE 14 — RETIREMENT - PERS
Section 14.01 PER$ RETIREIVIENT' PLAN
1. For all members, except those defined as "New Members" within the meaning of the
California Public Employees' Pension Reform Act of 2013:
a. All sworn firefighting employees currently represented by the Union who are
safety members of PERS shall have their retirement benefits calculated
pursuant to the three percent (3%) at age 55 formula set forth in Section
21363.1 of the California Government Code.
b. One -Year Final Compensation option "single highest year" (Government Code
Section 20042).
2. For "New Members" within the meaning of the California Public Employees' Pension
Reform Act of 2013:
a. The provisions of AB 340 (The California Public Employees' Pension Reform Act
of 2013) will be applicable to new members hired into this bargaining unit on or
after January 1, 2013.
b. Retirement Formula: Per Government Code Section 7522.25(d), also known as
2.7% @ 57 retirement formula.
c. Final compensation will be based on the highest annual average compensation
earnable during the 36 consecutive months immediately preceding the effective
date of his or her retirement, or some other 36 consecutive month period
designated by the member.
d. Effective January 1, 2013, employees shall pay one half of the normal cost rate,
as established by CalPERS.
Section 14.02 OPTIONAL BENEFITS
1. The City of El Segundo has modified its PERS contract to provide the following Optional
Benefits:
a. Post -Retirement Survivor Allowance — in accordance with Government Code
Sections 21624 and 21626
b. Military Service Credit as Public Service — employees may elect to receive such
credit for prior military service in accordance with Section 21024 of the California
Government Code.
c. Fourth Level of 1959 Survivor Benefits — in accordance with Government Code
Section 21574
d. Pre -Retirement Option 2W Death Benefit — in accordance with Government Code
Section 21548
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Effective February 20, 2024
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Section 14.03 PERS PAYMENT PICK-UP
The employees shall pay their required nine percent (9%) contribution to PERS. In
accordance with Resolution No. 4497 The City shall pick-up this nine percent (9%)
contribution, meaning that while employees pay their own nine percent (9%) member
contribution, the City shall treat this contribution as an employer contribution for
purposes of employee federal and state income tax withholding as authorized by
Internal Revenue Code(IRC) Section 414(h)(2).
2. The City's pick-up of the contribution shall be limited to the percentages noted herein.
Increases in the City's pick-up percentage shall not occur without mutual agreement of
the parties.
3. Effective November 23, 2018, "classic" members, as defined by the California Pension
Reform Act of 2013 (AB340), shall make an additional contribution to CalPERS of three
percent (3%) of compensation earnable simultaneously with the salary increase
identified in Section 2.01. (These employees shall pay an amount equal to twelve
percent (12%) of compensation earnable as the employee contribution to PERS).
These deductions shall be pre-tax and be pursuant to California Government Code
section 20516(f) until such time as the City amends its contract with CalPERS to make
the deduction pursuant to California Government Code section 20516(a).
ARTICLE 15 — UNIFORM AND SAFETY EQUIPMENT
Section 15.01 UNIFORM MAINTENANCE PROGRAM
Each newly hired employee within a represented classification shall be provided at City
cost, with three (3) complete uniforms. A "complete" uniform shall be defined as
including required badges, patches, shirts, pants, boots, jackets, jacket liner, belt, tie, tie
clip, hat, hat piece, collar piece, name tags and buckles. Further, the City shall at its
own cost replace items fitting within the aforesaid uniform description where such items
are rendered unserviceable through normal wear and tear. If boots can be re -soled
without negatively impacting integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being replaced consistent with this
section shall be final and binding and shall not be subject to a grievance procedure or to
judicial review.
2. Effective November 28, 2015, a uniform allowance shall no longer be provided to
members of this bargaining unit.
Section 15.02 CAL OSH'AIFED OSHA UNIFORM REQUIREMENTS
In the event that Cal OSHA, Federal OSHA or an equivalent body changes the uniform
requirements for unit employees, the City shall provide or pay the cost of the newly mandated
item(s) up to 2 uniforms and 1 pair of shoes per employee.
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Effective February 20, 2024
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Section 15.03 DEPARTMENT UNIFORM OIFFICER.
The duties of the Department Uniform Officer may be assigned in the Firefighters' bargaining
unit. The assigned personnel will manage the purchase, replacement and distribution of
uniforms and turnout gear.
ARTICLE 16 — BEREAVEMENT LEAVE
Section 16.01 GENERAL
A maximum of four (4) days (which shall be defined as two (2) shifts or 48 hours) paid
bereavement leave per incident of death in the immediate family is provided separate and
distinct from sick or other leave benefits. "Immediate family" shall be defined as spouse,
registered domestic partner, child, mother, father, grandparents, grandchildren or sibling of the
employee or their spouse/registered domestic partner/significant other.
Section 16.02 USE OF OTHER LEAVES
No other emergency leave shall be provided, except as outlined in Section 11.08.
Section 16.03 DOCUMENTATION
Members who use bereavement leave or emergency leave shall be required to write a fire
department correspondence through channels to the Fire Chief indicating the reason they
requested the leave. The Fire Chief shall sign the letter and include it in the member's fire
department personnel file.
ARTICLE 17 — SAFETY COMMITTEE
Section 17.01 SELECTING MEMBERS
The Fire Department Safety Committee shall at a minimum consist of one member from each
suppression position: Battalion Chief, Captain, Engineer, Firefighter/Paramedic, and
Firefighter. Each position shall select their volunteer representative. If there are no volunteers,
the Fire Chief may appoint a position representative. Review of the representatives shall be
made at approximately 18-month intervals, and/or at the request of the committee at any time.
In addition to being comprised of suppression personnel, the Safety Committee shall also
consist of one member from the Fire Prevention Division and one member from the
Environmental Safety Division.
Section 17.02 PURPOSE
Using a proactive risk management approach, make recommendations for abating
unsafe conditions in order to prevent accidents and improve safety in all department
operations.
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Effective February 20, 2024
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2. Review policies and procedures of the department as they pertain to safety, and make
recommendations for correction or change.
3. Review equipment, uniforms, and protective gear to assure their quality as related to
safety considerations.
4. Review accidents related to equipment, apparatus, and facilities, as well as make
recommendations regarding any corrective measures needed to limit future
occurrences.
5. Issue department safety bulletins at the direction and approval of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. He will take any final actions,
ensuring compliance with local policies or ordinances, and/or any state or federal
regulations.
Section 17.03 MEETINGS
The committee shall meet at the discretion of their selected chairperson.
ARTICLE 18 —TRAINING REIMBURSEMENT
Section 18.01 PARAMEDIC TRAINING REIMBURSEMENT
1. Employees who participate in the Paramedic Training Program will be required to
reimburse the City, for the cost associated with training paramedics upon voluntary
separation from City service. The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program - 100% of the
City's expended costs for training. Reimbursement is not required if the City
receives credit back from the training program.
b. Voluntary separation during the first year following state certification as a
paramedic - 100% of the City's expended costs for training.
c. Voluntary separation during the second year following state certification as a
paramedic - 50% of the City's expended costs for training.
d. Voluntary separation during the third year, and thereafter, following state
certification as a paramedic - no reimbursement.
2. The City's costs will be limited to the following:
a. Primary Paramedic Training.
b. State Accreditation Fee.
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Effective February 20, 2024
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c. L.A. County Accreditation Fee,
Section 18.02 DEPARTMENT INSTRUCTOR TRAINING
1. 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 (2) 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:
a. 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.
b. Voluntary separation from department instructor during the first year following
the training course(s) - 100% of the City's expended costs for the training.
c. Voluntary separation from department instructor during the second year
following the training course(s) - 50% of the City's expended costs for the
training.
d. Voluntary separation during the third year, and thereafter, following the training
course(s) - no reimbursement.
e. 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.
2. To determine reimbursement costs, the City's cost will be limited to the following:
a. Fees for the course(s).
b. Travel, per diem and lodging expense.
ARTICLE 19 — EDUCATIONAL REIMBURSEMENT
Effective November 23, 2018, members of this Unit shall no longer be eligible for Educational
Reimbursement under this Article. However, since there is a re -opener on this subject, the
parties have agreed to retain the language below for historical reference only.
FOR HISTORICAL REFERENCE ONLY
Section 19.01 REIMBURSEMENT FOR COURSES
1. For unit employees hired after July 5, 1975, the City will pay the employee $375 for
each job related course (3-unit semester or 4-unit quarter system) the employee
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Effective February 20, 2024
Page 25 of 42
completes at an accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee's non -work hours in which
a minimum "C" grade or certificate is received in said course. The employee is required
to obtain the prior approval of the Fire Chief. The maximum an employee can receive
in any calendar year period is $2,000.
2. During these Terms, the parties shall confer regarding designation of those California
State Fire Academy courses which shall result in eligibility for reimbursement. The
designation of classes shall include, but need not be limited to those classes that
previously have been approved. Once the initial designation list has been compiled, the
Fire Chief shall first confer with Union representatives and shall then be authorized to
add newly designated courses which the Fire Chief considers appropriate.
Section 19.02 REIMBURSEMENT FOR TUITION AND BOOKS
An additional benefit will be offered to employees hired after July 5, 1975. Those
employees will have the option of receiving reimbursement for tuition and books as
outlined below. (The employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing courses and the
time frame required to obtain job -related Associate or Bachelor degree at an
accredited college or university.
b. The employee must receive approval (prior to enrollment) from the Fire Chief to
receive reimbursement for tuition and books.
c. Tuition and book reimbursement is not to exceed $2,000 for each affected
employee per calendar year.
d. Reimbursement requires obtaining a grade of "C" or higher, and submission of
appropriate receipts to the Fire Chief and the Director of Human Resources.
e. The Fire Chief or his/her designee shall keep a log of employees requesting and
receiving educational reimbursement.
f. Employees must maintain an overall satisfactory department evaluation to
remain eligible for educational reimbursement.
g. Once approval has been obtained the employee must meet the criteria outlined
above to receive the reimbursement.
Section 19.03dCITY REIMBURSEMENT AGREEMENT
1. Employees who participate in the Educational Reimbursement Program will be required
to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully completed the
course(s), receiving at least a grade of "C" or better." (Attach copy of grade
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Effective February 20, 2024
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verification) "Further, I agree to refund the City or have deducted from my final
paycheck any Educational Reimbursement funds received under this program if
I should leave the City's employ, voluntarily or through termination, with cause,
within one year after completion of the course work for which I am to receive
reimbursement, in accordance with the following schedule."
Section 19.04 CITY" REIMBURSEMENT SCHEDULE
Below is the reimbursement schedule for the full months worked between course completion
and resignation dates and the percentage of the total reimbursement to be refunded to the City.
1 100%
7
50%
2 100%
8
40%
3 90%
9
30%
4 80%
10
20%
5 70%
11
10%
6 60%
12
0%
Section 20.01 GENERAL
Where an employee is qualified for and is required for an appreciable period of time to serve
temporarily in and have the responsibility for work in a higher class or position, when approved
by the City Manager, such employee, while so assigned, shall receive the entrance salary rate
of that class or whatever step thereof that is not less than five percent above his or her present
rate, whichever is higher. For the purpose of this section, "appreciable period of time" is
defined as ten consecutive working days (eight working days if on Four/Ten Plan) or longer.
Section 20.02 METHOD FOR FILLING VACANCIES
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.
Section 20.03 GUIDELINES
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.
a. The Fire Department Personnel Officer (FDPO) shall obtain a diagnosis in
writing from the attending physician.
The FDPO will refer to the Medical Disability 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.
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Effective February 20, 2024
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Section 20.04 PARAMETERS FOR CONFERRING
1. 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 is 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 overburden of staffing
replacement hours.
c. The provisional appointment will not cause an overburden 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.
Section 20.05 DETERMINATION OF APPOINTMENT
1. 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 of a known vacancy and include the agreed upon answers
to the statements listed above and/or the agreed upon differences of opinion of the
FDPO and the Union.
2. 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.
Section 20.06INTENT OF POLICY
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.
ARTICLE 21 — MAINTENANCE AND REPAIRS
Section 21.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair such as outlined
below:
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Effective February 20, 2024
Page 28 of 42
1. CARPENTRY
a. Members will perform minor, unskilled carpentry maintenance and repair.
Such carpentry responsibilities shall not include maintenance or repairs
requiring special skills, knowledge, or tools beyond household handyman
level.
2. PAINTING
a. Members will perform touch-up painting. Such touch-up painting shall
exclude painting of entire walls, rooms, or structures.
The foregoing Limited Maintenance Agreement shall pertain to all fire facilities:
Section 21.02ADMIINISTRATIVE OFFICES FIRE STATION #1
The City will maintain and clean the administrative office area and greenhouse windows in Fire
Station #1. For the purpose of this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chiefs Office, Fire Prevention Bureau offices, and Conference
Room. Unit employees shall continue to be responsible for the maintenance and cleaning of all
other areas in this facility and all areas of Fire Station #2 as presently provided.
ARTICLE 22 — MATERNITY LEAVE
Section 22.01 EQUAL BENEFITS
Except as provided herein, a female employee disabled because of pregnancy, childbirth, or a
related medical condition shall have the same benefits as are provided to other employees who
are temporarily disabled for (non -industrial) medical reasons.
Section 22.02WORKING AND REPORTING
It is the employee's right to continue to work while she is pregnant. Members who become
pregnant and are physically capable of performing their jobs may, at their discretion, remain in
active -duty positions, and are not required to report their condition to the employer.
Section 22.03 LIGHT DUTY
The City shall transfer a pregnant female employee to a less strenuous or hazardous
position for the duration of the employee's pregnancy if she so requests, with the advice
of her physician or the employee's other licensed health-care provider, where that
transfer can be reasonably accommodated. The position will have an equivalent rate of
pay and benefits. However, the City shall not be required to create additional
employment that the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with more seniority, or
promote any employee who is not qualified to perform the job.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 29 of 42
Section 22.04 LEAVE
A female employee disabled because of pregnancy, childbirth, or a related medical
condition shall be entitled to take up to four months of leave of absence or the amount of
accrued sick leave and vacation (if such leave is used), whichever is greater, due to
such disability. The definition of "disabled because of pregnancy" includes that provided
in California Code of Regulations Section 7291.2(g) and includes severe morning
sickness or the need for time off for prenatal care. The date on which the leave should
commence and the date on which the employee shall resume duties, shall be
determined by the employee and her physician or the employee's other licensed heath -
care provider. Leave may be taken intermittently or on a reduced work schedule when
medically advisable, as determined by the employee's physician or her other licensed
health-care provider. At the end of the employee's period(s) of pregnancy disability or at
the end of four months pregnancy disability leave, whichever occurs first, a California
Family Rights Act ("CFRA") eligible employee may request to take CFRA leave of up to
12 workweeks for the birth of her child, if the child has been born by that date. There is
no requirement that either the employee or child have a serious health condition in order
for the employee to take CFRA leave. There is also no requirement that the employee
no longer be disabled by her pregnancy before taking CFRA leave for reason of the birth
of her child.
Section 22.05 NOTICE OF LEAVE
1. Any employee who plans to take pregnancy disability leave shall give the City
reasonable notice (generally at least 30 days) of the date the leave will commence and
the estimated duration of any leave. If 30 days advance notice is impractical (e.g.,
medical emergency or unforeseen occurrence) the employee shall inform the City of her
need for pregnancy disability leave as soon as practicable.
a. The City reserves the right to require written confirmation from the employee's
physician or the employee's other licensed health-care practitioner that she is or
will be disabled by pregnancy, childbirth, or related medical conditions as a
condition of granting pregnancy disability leave.
b. The City reserves the right to require written verification from the employee's
physician or the employee's other licensed health-care practitioner that her
disability has ceased before the employee returns to work.
Section 22.06 RETURNING TO 'WORK.
1. When the employee is ready to return from pregnancy leave the employee shall be
entitled to return to her original position unless either:
a. The job ceases to exist because of legitimate business reasons unrelated to the
employee's pregnancy disability leave (e.g., layoff); or
b. Each means of preserving the job for the employee would substantially
undermine the City's ability to operate safely and efficiently.
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Effective February 20, 2024
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Section 22.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of either of the foregoing
reasons, she shall be entitled to a comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as a Family Medical
Leave Act ("FMLK) leave, a comparable position is available, but filling the
available position with the returning employee would substantially undermine the
City's ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a position, which
is virtually identical to the employee's original position in terms of pay, benefits,
and working conditions, including privileges, prerequisites and status. It must
involve the same or substantially similar duties and responsibilities, which must
entail substantially equivalent skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite from where the
employee was previously employed. It ordinarily means the same shift or the
same or an equivalent work schedule.
Section 22.08 RIGHTS
Nothing contained herein shall limit the rights of the employee under the California Family
Rights Act, the Federal Family and Medical Leave Act or other statutory and/or case law.
ARTICLE 23 — POLICY AND PROCEDURE AGREEMENTS
Section 23.01 DISABILITY RETIREMENT APPEAL PROCEDURES
The parties have agreed upon a disability retirement appeal procedure dated May 2010..
Section 23.02INJURY ON DUTY PROCEDURES
The parties have agreed upon an injury on duty procedures dated June 18, 2003.
Section 23.03 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupational injury and illness policy.
2. When an employee is assigned to light duty the employee shall be assigned to a 40-hour
workweek schedule (9-80 schedule). The attending physician will identify any work
restrictions and limitations. The fire administration will determine if an appropriate
temporary light duty assignment is available meeting the restrictions detailed by the
attending physician. Final approval for temporary light duty assignments rests with the
Fire Chief. Temporary light duty assignments shall be for thirty (30) days. The Fire Chief
may grant extensions as needed or requested.
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Effective February 20, 2024
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3. While on light duty the employee will wear the department -approved uniform.
Exceptions to the requirement to wear the department -approved uniform may be granted
by the Fire Chief based on the nature of the injury and the work to be performed.
4. In order to return to full duty the employee must provide written documentation per City
Practices authorizing the return to unrestricted duty.
5. An employee assigned to temporary light duty may make a request to the Fire Chief for
a modified 40-hour workweek and/or work location. The nature of available assignments
and the needs of the employee will be considered in the decision. The Fire Chief will
consider each request for a modified schedule/location on a case -by -case basis.
Section 23.04REHIRE POLICIES
City officials and Association representatives met and agreed to Rehire/Staffing Policy and
Procedures. That agreement is reflected in a revised Rehire/Staffing Policy and Procedures
dated December 19, 2003. Either party may cause a reopening of the meet and confer process
regarding proposed changes to the Rehire/Staffing Policy and Procedures incorporated herein.
There shall be no modification to the Rehire/Staffing Policy and Procedures absent an
agreement of the parties to do so.
Section 23.05RANK FOR RANK POLICY
The City agrees that when it rehires employees of the Fire Department it will rehire in rank, in
accordance with the Rehire/Staffing Procedures, if there is available for rehire an employee
holding the same rank as the absent employee.
Section 23.06 LAYOFF AND RECALL POLICY
1. Definitions
a. Layoff - A reduction in the workforce, resulting in temporary or permanent
unemployment, of one or more employees.
b. Bumping - Moving to a lower classification or special assignment in which there
is no vacancy and displacing an employee who has less seniority in that
classification or special assignment as determined by appointment date to the
affected classification.
a. Whenever, in the judgment of the City Council, it becomes necessary to reduce
the workforce, an employee may be laid off, reduced in classification or displaced
(bumped) by another employee. Such layoff, reduction or displacement shall
result from action of the City Manager or his/her designee. The City Manager
shall recommend to the City Council each classification to be affected by any
such change. Employees of the Fire Department shall be laid off in the following
order:
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Effective February 20, 2024
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1. Temporary, part-time and seasonal employees;
2. Probationary employees;
3. Employees who have finished their probationary period.
3. Notice to Employees
a. An Employee filling a full-time position shall be given fourteen (14) calendar days
notice of layoff, seventeen (17) calendar days if by certified mail, indicating the
circumstances, which made the layoff necessary. Employees reduced or
displaced (bumped) shall be given five (5) calendar days notice, eight (8)
calendar days if by certified mail, indicating the circumstances which made the
change necessary. In the event of an emergency, the City Council may approve
a reduction in the notice requirements, if so recommended by the City Manager.
4. At -Willi Employ9es
a. The City Manager retains the right to layoff or alter the work assignment of the
following employees at any time without notice or right of appeal: Emergency
Employees, temporary or seasonal employees, part-time employees, original
probationary employees, promotional probationary employees and employees
designated at -will. The promotional probationary employee shall revert to his/her
previously held classification and position without loss of seniority.
a. In the event an employee is laid off, he/sh
employee's request, for any earned unused si
M.O.U.), prorated vacation or holiday time as
than fourteen (14) days after the layoff.
e
shall receive payment, at the
ck leave (in accordance with the
quickly as possible but not later
a. Permanent employees shall be laid off in order of seniority in City service, that is
the employee with the least City service shall be laid off first, followed by the
employee with the second least seniority in City service, etc. Seniority shall be
determined by hire date.
a. Employees shall be reduced or displaced (bumped) in order of their seniority in
the affected classification or special assignment, that is the employee with the
least seniority in the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the second least
seniority in rank, etc. Seniority shall be determined by promotion or assignment
date. Temporary appointments or "Acting" assignment dates shall not be used
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 33 of 42
for the purpose of calculating seniority in rank. For the purpose of this section
Fire Paramedic shall be considered below Fire Engineer and above Firefighter.
a. Employees shall have the right to bump down to a lower classification or special
assignment to which they were previously assigned, provided that the employee
has greater seniority in that assignment, thus bumping an employee in that
classification or special assignment with the least seniority to a lower
classification or special assignment. To bump down into a lower classification or
special assignment the employee must qualify for the position including any
required certifications or licenses. Employees properly laid off in the bargaining
unit shall not have bumping rights to any other City departments. Employees laid
off from other departments of the Employer shall not have any bumping rights to
positions within Fire Department Suppression Division.
M M
a. In cases where employees have the same date of hire (i.e. equal seniority),
seniority shall be granted to the employee with the highest score on the
examination in which the employee participated and received the appointment.
The following criteria shall be used to determine seniority (in case of a tie or the
testing process is not applicable, the next criteria shall be used).
1. Overall raw score.
2. Raw score of the oral interview,
3. Raw score of the Practical (Engineers).
4. Raw score of the written examination.
5. The earliest date and time of application.
10. Sala Placement
a. An employee who is assigned to a lower classification as a result of a
displacement (bump) shall be placed on the step of the salary range of the new
classification, which is the closest to the compensation of the employee in the
previous classification, but in no case higher, and the employee will be assigned
a new salary anniversary date on the effective date of the appointment. The
employee shall, however, retain seniority while his/her name remains on the
reemployment list or lists.
11, Reem to ment List
a. The names of permanent employees who have been laid off under this section
(including employees who have bumped down) shall be placed, in order of
seniority from highest to lowest, on a reemployment list for their classification or
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 34 of 42
any lower classification for which the employee is qualified by education and/or
experience. Persons on such lists shall retain eligibility for appointment
therefrom for a period of three years from the date their names were placed on
the list. As a vacancy within a classification or lower related classification
becomes available, the name appearing at the top of the list shall be offered the
opportunity to fill the vacancy. The name of an individual selected from the list to
fill the vacancy who refused the reemployment offer shall be permanently
removed from the reemployment list without right of appeal. Laid -off employees
do not earn seniority credit or benefits while on the reemployment list.
12. Letter of Layoff
a. The City shall provide all employees who were laid off from the City a service
letter setting forth that the employee was laid off and is eligible for reemployment.
Those employees who were displaced to lower positions will be granted, upon
the employee's request, a letter from the City stating the employee was reduced
in status as a result of a layoff and is eligible for reemployment to the higher -level
position.
a. If a person is reemployed by the City within three (3) years, the employee's
seniority, sick leave and vacation accrual rates shall be reinstated. Any
accumulated sick leave and/or vacation earnings shall also be reinstated to the
extent that the employee did not receive compensation for such earnings at the
time of layoff. Upon reemployment, employees will be placed on the same salary
step held at the time of layoff.
14. Appeal
a. If the above procedures, except for Section B - Grounds for Layoff and Section D
- At -Will Em to ees, are misapplied and adversely affect a laid -off or displaced
employee, the adversely affected employee may file an appeal, setting forth what
sections of this Section were violated, to the City Manager.
Section 23.07GRIEVANCE PROCEDURE
Effective October 1 2011
a. 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.
b. To provide that grievances shall be settled as near as possible to the point of
origin.
c. To provide that the grievance procedures shall be as informal as possible.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 35 of 42
2. Definition
a. A "Grievance" shall be defined as a controversy between the City and the Union
or an employee or employees covered by these Terms. Such controversy must
pertain to any of the following:
1. Any matter involving the application of any provision of these Terms; or
2. Any matter involving the violation(s) of any provision or intent of these
Terms; 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 these Terms; or
4. Any protests of ratings or performance evaluations.
3. Evaluations
a. 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 within five (5)
business days after termination of Step 2. A meeting with the employee, Union
representative and the Director of Human Resources will be arranged at a
mutually agreeable location and time to review and discuss the grievance. Such
meeting will take place within ten (10) business days from the date the grievance
is received by the Director of Human Resources. The Director of Human
Resources may invite other members of management to be present at such
meeting. The Director of Human Resources will give a written reply by the end of
the seventh (7th) business day following the date of the meeting. The findings of
the Director of Human Resources shall be final.
,
a. 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 following procedure, which shall supersede contrary
provisions in Ordinance 586,. Where necessary, the City shall propose
necessary modifications to bring the Ordinance into compliance with Government
Code § 3254.5 (FBOR.). Pursuant to Government Code Section 3254.5, the
administrative appeal shall be conducted in procedural compliance with Section
11500 et. seq.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 36 of 42
5. Procedure
a. 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 these Terms alleged to have been violated
within fifteen (15) business 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) business day following the presentation of the grievance
and giving of such answer will terminate Step 1.
2. Step 2 - If the grievance is not settled in Step 1, the grievance will be
presented to the Fire Chief within ten (10) business 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.
3. Such meeting will take place within ten (10) business 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)
business day following the date of the meeting, and the giving of such
reply will terminate Step 2.
4. Step 3 - If the grievance is not settled in Step 2, the grievance will be
presented to the City Manager within five (5) business days after
termination of Step 2. The Grievant(s) or Union Representative and the
City Manager shall, within seven (7) business 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) business 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) business 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.
5. 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 within two (2) working days, request submission of the issue
to the Los Angeles County Civil Service Commission, Public Employee
Relations Board (PERB), or Los Angeles County Employee Relations
Commission (ERCOM), whichever may apply, stating specifically the
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 37 of 42
paragraphs of the Ordinance, Resolution, Rules or Memorandum of
Understanding which the Grievant(s) alleges are being violated. The
Director of Human Resources 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).
6. Representation
a. Employees may be represented by persons of their choice at meetings with the
Fire Chief, Director of Human Resources, 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 addition, Union shall pay half
the cost of any FBOR mandated Administrative Law Judge. In such a case
where a grievance is processed without the Union's approval or participation, the
individual(s) shall not incur the same cost.
7. Witnesses
a. 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.
8. Time Limits
a. 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 grievance.
Section 23.08 SHIFT TRADE POLICY
1. During this negotiation process fire department officials and Association representatives
met and agreed to the Rehire/Staffing Policy and Procedures that included shift trades.
That agreement is reflected in a revised Rehire/Staffing Policy and Procedures dated
November 11, 2003.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 38 of 42
Section 23.9 NO SMOKING POLICY
1. Except as specified below, unit employees shall not be permitted to smoke and/or use
tobacco products on duty in City facilities at any time.
2. Any unit employees hired after July 1, 1987, shall, as a condition of initial and continued
employment, refrain from smoking and/or using tobacco products at any time on or off
duty, except as specified below.
3. The City agrees to allow represented employees an occasional off -duty celebratory
cigar during his/her employment.
Section 23.10 MEDICAL EXAMINATION POLICY
Upon request, the City shall provide annual medical examinations to members of this
bargaining unit.
Section 23.11 MILITARY LEAVE POLICY
City shall provide military leave in accordance with law.
Section 23.12 ELECTION DAY VOTING POLICY
Covered employees who are assigned to work on the day of any Federal, State or Municipal
elections, who desire to vote, shall be obligated to cast absentee ballots whenever legally
available. The parties agree that this provision is not intended to infringe upon any employee
voting rights set forth in Section 14000 et. seq. of the California Elections Code. If any portion
of this provision is found to violate Section 14000 et. seq., as part of a final adjudication by a
court of competent jurisdiction, then the parties agree to discuss alternative voting
arrangements for covered employees forthwith which balances employee voting rights and the
legitimate scheduling needs of the Fire Department.
Section 23.13JURY DUTY
1. Employees shall be entitled to a leave of absence for jury Duty, subject to compliance
with all of the following conditions:
a. The employee must provide written notice of the expected Jury Duty to his or her
supervisor as soon as possible, but in no case later than 14 days before the
beginning of Jury Duty (defined as the date on which the employee is directed by
jury summons to either commence telephone contact with the jury administrator
and/or appear in court.)
b. During the first two weeks of Jury Duty, an employee shall be entitled to receive
his or her regular compensation.
c. For any portion of Jury Duty that extends beyond the first two weeks, such
extended Jury Duty period shall be without pay unless, the employee presents
written evidence that the court estimated during voire dire that the trial would be
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 39 of 42
of two or less weeks duration, or in the alternative the employee presents written
evidence that he/she advised the court that City compensation was limited to two
weeks, that the employee asked to be excused because of this hardship, and the
request was denied.
Any compensation for the first two weeks of Jury Duty, except travel
reimbursement pay, must be deposited with the Director of Human Resources.
e. While on Jury Duty, the employee must report to work or use vacation leave for
the remainder of the employee's scheduled duty days, when relieved of jury duty
for the day and prior to the end of the scheduled duty day.
f. The employee must provide documentation of his or her daily attendance on Jury
Duty.
Section 23.14 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
Attached to these Terms and Conditions as Exhibit I, is the discipline -related policy and
procedure which has been drafted in accord with the requirements of Government Code § 3250
et. seq., the Firefighters Procedural Bill of Rights Act.
Section 23.15 RESIDENCY REQUIREMENT
In order to ensure prompt response times in an emergency situation, all personnel hired by the
El Segundo Fire Department after February 20, 2024, may reside no further than one hundred
(100) road miles from Fire Headquarters. This presumes that a substantial portion of that
distance will be traveled at freeway speed and that personnel can report to Fire Headquarters
within 90 minutes of the request for call back. Any request to live outside this limit will be
evaluated individually to determine the impact on ability to respond in an emergency situation.
ARTICLE 24 — UNION BUSINESS
Section 24.01 BULLETIN BOARDS
The Union shall be provided a bulletin board location at each fire station for its posting of
information concerning official Union business and activities. All posting shall contain the date
of the posting and the identification of the document as a Union sponsored publication. All
postings shall be done by an authorized Union representative. Management shall have a right
to remove and/or prevent the posting of materials that contain personal attacks upon the
qualifications, skills, credibility, honesty or character of any City employee of any rank.
Section 24.02 UNION MEETINGS
1. The Union shall be limited to ten (10) meetings per year during regular business hours.
Additional meetings can be held after hours or on weekends.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 40 of 42
2. Meetings held during regular business hours shall begin at 0730 hours and end at 1130
hours with employees returning to work details by 1145 hours, except that meetings
may be longer with approval of the Fire Chief or his designee.
Section 24.03 CONDUCT OF UNION/ASSOCIATION BUSINESS
Effective July 1, 2000, each fiscal year, representatives designated by the Union shall
collectively be entitled to seven (7) twenty-four (24) hour shifts of time with pay in order to attend
related conferences, seminars, workshops, meetings, etc. No more than four (4) shifts, or the
equivalent number of hours may be taken by any one representative on any one occasion.
Time used to participate in the processing of grievances or during the formal "Meet and Confer"
process shall be in addition to, and shall not count against, the time off with pay granted above.
A maximum of four (4) of these shifts not used during a calendar year may be carried over into
the next year, however, in no circumstance shall the Union or its representatives be entitled to
more than eleven (11) shifts per fiscal year. Employees requesting to utilize this paid leave
shall secure approval from the President of the Association and submit the request to the Fire
Chief ten (10) days in advance of the requested time off. Employees shall not be penalized any
hours for utilizing this time, for the purpose of calculating FLSA compensation.
Section 24.04 VOLUNTARY DUES DEDUCTIONS
Union Dues
1. The Union shall provide the City with a list certified by an authorized Union
representative identifying all voluntary dues paying members from whose salary or
wages the dues deduction is to be made and shall promptly notify the City within 10
days of any change to the certified list.
2. The City Finance Department shall deduct dues from the wages of all members
identified on the most recent certified list of dues paying members received from the
Union (taking into account any subsequent modifications received from the Union).
3. The Union shall notify the City if the amount of dues will change.
Records
On an annual basis, the Union shall provide the Human Resources Director with a copy of the
Union's certified financial report. The City shall provide the Union a list of all unit members and
dues paying status with each union dues check remitted to the Union.
Indemnification
The Union shall provide full protection to the City by indemnifying, defending and holding the
City harmless from and against all claims and liabilities as a result of implementing and
maintaining this article.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 41 of 42
ARTICLE 25 — HOLIDAYS
Section 25.01 ACCUMULATION
Employees who work shifts and are regularly required to work holidays shall
accumulate holiday pay at the rate of one hundred forty-four hours per year in lieu of
holidays. Employees who are assigned to work shifts but are not working shifts
because they are assigned to work a light duty assignment or placed on temporary total
disability (IOD) shall continue to accumulate one hundred and forty-four hours per year
in lieu of holiday, but shall use holiday pay based on the assigned light duty or IOD
work schedule. Employees who terminate employment shall be paid holiday pay on a
pro rata basis.
Section 25.02ANNUAL PAYMENT
1. Holiday pay shall be reported to CalPERS as compensation in the pay period in which
the holiday falls at the employee's hourly rate at the time the holiday is earned.
Employees shall be paid the holiday pay at the employee's rate of pay via direct deposit
annually, inclusive of sick leave pay and holiday pay in November, but not later than on
or about December 10.
Utilizing the eligibility criteria noted above, when an employee is eligible to receive Holiday Pay
(known as Holiday Credit), the payment of Holiday Pay shall be at the regular rate of pay
(Article 25.02) which includes the employee's base salary plus all remuneration required to be
included in the regular rate of pay.
Section 25.03 PERS PICK-UP
Effective November 28, 2015, the City shall no longer pay any of the members' PERS
contribution on Holiday pay.
ARTICLE 26 — MISCELLANEOUS
Section 26.01 OPPORTUNITY TO REVIEW MATERIALS
No employee shall have any comment adverse to his/her interest entered into the
employee's personnel file, or any other file used for any personnel purposes by the
employer, without the employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such comment, except that
such entry may be made if after reading such instrument the employee refused to sign
it. The employee's signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with the comment. Should
the employee refuse to sign, that shall be noted on that document, and signed by a
witness, not a party to the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be included in the Human
Resources or Fire Department personnel file.
ESFA Terms and Conditions of Employment
Effective February 20, 2024
Page 42 of 42
Section 26.02 TRAINING PUBLIC AND EMPLOYEES
1. As part of their duties, suppression personnel may be required to instruct and participate
in training for the public and other City Personnel. Examples of such training and
participation include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various public education programs.
2. The determination as to whether to use on -duty personnel or off -duty personnel to
conduct such training is within the Fire Administration's discretion to decide. If on -duty
personnel are used Administration will determine whether to hire back additional
personnel. The decision will be based on operational reasons. When personnel are
hired back from off duty to instruct or participate in such training they will be paid at a
rate consistent with these Terms and Conditions of Employment.
ARTICLE 27 — SCHEDULE
Section 27.01 SCHEDULE — SUPPRESSION EMPLOYEES
1. The work schedule shall be two (2) consecutive twenty-four (24) hour shifts on duty
followed by ninety-six (96) consecutive hours off duty, based upon a 24-day work cycle.
ARTICLE 28 - LIMITED LAYOFFS
Section 28.01 NO LAYOFFS
Before instituting any layoffs the City will agree to meet and confer in good faith with the
Association to explore alternative cost saving approaches. Additionally, as the result of the
recent reorganization of the Fire Paramedic position on Engine 32, no existing Fire Paramedic
shall be laid off or demoted as the result of such reorganization.
EXHIBIT I
SUPPLEMENTAL. PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of El Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of El Segundo Municipal Code.
DEFINITIONS
a. The term "firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
2.28 of the City of El Segundo Municipal Code and Rules 14 and 15 of the City of El
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
period in excess of thirty-one (31) workdays, shall be entitled to an appeal hearing
before the City of El Segundo City Council ("City Council'), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty-one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ("Commission") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
a. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre -disciplinary procedures shall serve as
the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
requirements of Government Code § 11505.
1 The Los Angeles County Civil Service Commission and the El Segundo City Council
shall be referred to collectively in these rules as "Commission/ City Council" inasmuch
as the same procedures apply to each. Which body conducts the hearing will depend
upon the punitive action being appealed.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code §
11506. Failure to file a timely Notice of Defense shall constitute a waiver of
the respondent's right to a hearing, unless the City Manager (or designee) in
his or her discretion nevertheless grants a hearing.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508, unless
otherwise decided by the Commission/ City Council, a hearing shall be
conducted at the City of El Segundo City Hall at a time to be determined by
the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the parties
at least 10 days prior to the date of the hearing and in a form consistent with
Government Code § 11509.
The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of El
Segundo Municipal Code Section 2.28.070. The decision of the Los
Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR.
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of El Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non -disciplinary transfers resulting
in a loss of compensation (e.g., non -disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action.
a. Effective Date of Punitive Action — Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighter's intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c. Presiding Officer — In an informal hearing, the Fire Chief or his/her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
d. Burden of Proof- The Fire Department ("Department") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e., allegations
that the firefighter has violated one or more federal, state, or local
laws, and/or City or Fire Department regulations, procedures, or
policies), the Department shall have the burden of proving by a
preponderance of the evidence the facts which form the basis for the
charge(s) and that the punitive action was reasonable under the
circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing shall
be to provide the firefighter the opportunity to establish a record of
the circumstances surrounding the action. The Department's
burden of proof shall be satisfied if the Department establishes by a
preponderance of the evidence that the action was reasonable. The
Department's burden of proof may be satisfied even though
reasonable persons may disagree about the appropriateness of the
action.
e. Conduct of Hearing-
i. The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§
11450.05 - 11450.50.
cc. If the punitive action being appealed is a written reprimand
and/or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross-examine witnesses.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration by the
Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne by
the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
proceedings. All costs associated with such representation shall be
borne by the firefighter.
h. Decision- The decision shall be in writing pursuant to Government Code
§ 11425.50. The decision shall be served by first class mail, postage
pre -paid, upon the firefighter as well as his/her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code of
Civil Procedure § 1094.6. Where the cross-examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
Exhibit II
CITYWIDE PUBLIC PAY SCHEDULE - EFFECTIVE OCTOBER 4, 2011
REVISION DATE - FEBRUARY 20, 2024
IAFF
El Segundo Firefighters Association, I.A.F.F, Local 3682 Salary Schedule
SALARY
EFFECTIVE REVISION AGREEMENT JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL
DATE EFFECTIVE NUMBER
DATE
2/24/2024 2/20/2024 Firefighter ESFA - IAFF 483 Hourly 27.34 6635.38 79624.56
28.66
6954.87
83458.46
30.04
7290.32
87483.82
31.49
7642.54
91710.53
33.02
8012.35
96148.19
34.62
8400.67
100808.01
2/24/2024
2/20/2024
Fire Paramedic
ESFA -IAFF
497
Hourly
33.08
34.69
8028.28
8417.41
96339.42
101008.86
36.37
8825.96
1 105911.56.
38.14
9254.96
111059.55
39.99
9705.42
116465.04
2/24/2024
2/20/2024
Fire En ineer
ESFA - IAFF
497
Hourl
33.08
8028.28
96339.42
34.69
8417.41
101008.86
36.37
38.14
8825.96
9254.96
105911.56
111059.55
39.99
9705.42
116465.04
2/24/2024
2/20/2024
Fire Captain
ESFA - IAFF
510
Hourly
38.21
9273.45
111281.35
40.07
9724.81
116697.68
42.03
10198.76
122385.13
44.08
10696.39
128356.74
46.23
11218.91
134626.88
Exhibit III - Educational incentive
Effective 11/24/2018
* Represented employees hired before 11/28/15 shall have the
opportunity to achieve PERSable educational incentive highlighted in
blue until the end of this contract (09130/21) (Tier 1)
** Represented employees hired after 11/28/15 shall receive non-PERSable
educational bonus pay highlighted in yellow (Tier 11)
Hired on/after 11/28/15 Hired before 11/28/15 (Tier 1)
(Tier II - NonPERSable)
RANGE POSITION BA MA FIRE UNITS AA BA
483 1 FIREFIGHTER 1 $ 500.00 1 $ 900.00 L $ 182.89 1 $ 548.66 1 $ 792.51
Hired on/after 11/28/15 Hired before 11/28/15 (Tier 1)
(Tier II - NonPERSable)
RANGE POSITION BA MA FIRE UNITS AA BA
497 FIRE $ 500.00 $ 900.00 $ 211.36 $ 634.08 $ 915.89
PARAMEDIC
RANGE POSITION
7
FIRE
49 ENGINEER
Hired on/after 11/28/15 Hired before 11/28/15 (Tier 1)
(Tier II - NonPERSable)
BA MA FIRE UNITS AA BA
$ 500.00 1, $ 900.00 N $ 211.36 1 $ 634.08 1 $ 915.89
Hired on/after 11/28/15 Hired before 11/28/15 (Tier 1)
(Tier II - NonPERSable)
RANGE POSITION BA MA FIRE UNITS AA BA
510 FIRE CAPTAIN $ $900.00 $ 244.39 $ 733.17 $ 1,059.02
500.00
Exhibit IV - Longevity
Effective 11/24/2018
* Longevity 19.5 yrs amended to 19 years for members hired before 11/28/15
Hired on/after 11/28/15 Hired before 11/28/15
RANG Longevity Longevity Longevity Longevity Longevity Longevity Longevity
E POSITION 6 yrs 13 yrs 20 yrs 6.5 yrs 13 rs 19 yrs 26 rs
483 FIREFIGHTER $ 500.00 $ 700.00 $ 900.00 $ 426.73 $ 1,036.35 $ 1,645.97 $ 2,377.52
Hired on/after 11/28/15 Hired before 11/28/15
RANG Longevity Longevity Longevity Longevity Longevity Longevity Longevity
E POSITION 6 yrs 13 yrs 20 yrs 6.5 rs 13 yrs 19 yrs 26 vrs
497 FIRE $ 500.00 $ 700.00 $ 900.00 $ 493.17 $ 1,197.70 $ 1,902.24 $ 2,747.67
PARAMEDIC
Hired
on/after 11/28/15
Hired before
11/28/15
RANG
Longevity
Longevity
Longevity
Longevity
Longevity
Longevity
Longevity
E
POSITION
6 yrs
13 yrs
20 rs
6.5 yrs
13 yrs
19 yrs
1 26 yrs
497
FIRE
$ 500.00
$ 700.00
$ 900.00
$ 493.17
$1,197.70
$ 1,902.24
$ 2,747.67
ENGINEER
Hired
on/after 11/28/15
Hired before
11/28/15
RANG
Longevity
Longevity
Longevity
Longevity
Longevity
Longevity
Longevity
E
POSITION
6 rs
13 yrs
20 yrs
6.5 yrs
13 yrs
19 yrs
26 yrs
510
FIRE CAPTAIN
$ 500.00
$ 700.00
$ 900.00
$ 570.24
$ 1,384.87
$ 2,199.50
$ 3,177.06
Exhibit V - PM level 1
Effective 11/24/2018 for
all represented
employees in unit
RANGE
POSITION
PM LEV
1
483
FIREFIGHTER
$ 640.10
RANGE
POSITION
PM LEV
1
497
FIRE
NA
PARAMEDIC
---------------
PM LEV
RANGE
POSITION
1
FIRE
$
497
ENGINEER
739.76
RANGE
POSITION
PM LEV
1
510
FIRE CAPTAIN
$855.36