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CC RESOLUTION 3992RESOLUTION NO. 3992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA, AND THE EL SEGUNDO FIREFIGHTER'S ASSOCIATION. WHEREAS, the City has met and conferred in good faith with representatives of the El Segundo Firefighter's Association; and WHEREAS, discussions which have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Association; NOW, THEREFORE, be it resolved, by the City Council of the City of El Segundo as follows: SECTION 1. That staff is authorized to implement all terms and conditions of the Memorandum of Understanding (entitled "Agreement ") between the City of El Segundo and the El Segundo Firefighter's Association. iPASSED, APPROVED AND ADOPTED this 5th day of November 1996. Sandra Jacobs, yor of the City of El Segundo, California ATTESTED: APPROVED AS TO FORM: Tom Almayer, Assistant City Attorney =U.ffa 0 E 4 CERTIFICATION STATE OF CALIFORNIA ] COUNTY OF LOS ANGELES ] SS CITY OF EL SEGUNDO ] I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing resolution, being RESOLUTION NO. 3992 was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 5th day of November, 1996, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman Friedkin, Councilman Weston, and Councilman Gordon NOES: None ABSENT: None ABSTENTION: None NOT PARTICIPATING: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 8th day of November, 1996. el- Lo a Freeman, Deputy City Clerk of the City of El Segundo, California (SEAL) 0 �ONTRA�T; 14 80 CITY OF EL SEWI400 EL SEGUNDO FIREFIGHTERS ASSOCIATION I.A.F.F. LOCAL 3682 COUNTER PROPOSAL MEMORANDUM OF UNDERSTANDING OCTOBER 22, 1996 C V? 2 11"r- - - 00 ............... 41 * Items that still need resolve. 1 C(3NMCT 2430 CONTENTS CITY OF EL SEGUNDO Errousals St_ atus uage 1.) *DURATION OF AGREEMENT ................. .................COUNTER 2 2.) *SALARY ADJUSTMENTS .............. ............................... COUNTER 2 3.) *REOPEN - MERIT SYSTEM SECTIONS COUNTER 4.) ............................ *RANK FOR RANK REPLACEMENT 2 ......... ........................COUNTER 3 5.) *GRIEVANCE PROCEDURE ............ ............................... COUNTER 3 6.) *PERS PAYMENT .......................... ............................... COUNTER 3 7.) DENTAL ...................... ......................... TVA, 10/3/96 8.) OPTICAL ..................... ..... ............................... T /A, 8/26/96 9.) EDUCATIONAL REIMBURSEMENT ................................. T /A, 10/3/96 3 10.) LONG TERM DISABILITY INSURANCE ...... .................T /A, 9/3/96 4 11.) SICK LEAVE PAY UPON SEPARATION 12.) ............................ T /A, 9/16/96 SICK LEAVE USAGE FOR FAMILY CARE T 4 13.) ......................... /A, 8/26/96 OPPORTUNITY TO REVIEW MATERIALS 5 14.) .......................... T /A, 9/12/96 LAYOFF AND RECALL 5 ................................................. T /A, 10/3/96 15.) PREGNANCY LEAVE ................................................... T /A, 8/26/96 7 16.) LIGHT DUTY PAY ....................................................... T/ A, 8/26/96 17.) SPECIAL ASSIGNMENT PAY 18.) .......................................... /A, 26/96 PERS SURVIVOR BENEFIT ............ ............................... T /A, 826/96 7 19.) TRIAL PERIOD 48/96 SCHEDULE 20.) ..................................... T /A, 9/16/96 MANAGEMENT RIGHTS 8 21.) ................ ............................... T /A, 826/96 NO 8 REDUCTION ............................... ...........................T /A, 826/96 8 22.) MEDICAL TO AVERAGE OF HMO' S 23.) ....... ...........................T /A, 1021/96 ASSOCIATION MEETINGS 9 24.) ............................................. T /A, 1021/96 REPAY 9 EDUCATIONAL REIMBURSEMENT 25.) ..................... T /A, 9/9/96 REPAY PARAMEDIC TRAINING COST 9 26.) ............................. T /A, 9/9/g6 DISABILITY RETIREMENT PROCEDURES 9 27.) ......................... T /A, 10!3/96 REOPEN - COMPREHENSIVE 10 28.) MOU ... ............................... T /A, 8/26/96 COST OF PROPOSAL ............ 10 ............................... 10 ............... 41 * Items that still need resolve. 1 CONTRACT 24 SO 1.) *DURATION OF AGRF M NT CITY OF 3 SEGUNDQ (A) This agreement shall be in effect October 1, 1996 and shall expire on June 30, 1997, successor negotiations for a successor agreement shall begin in April of 1997. This Agreement shall remain in effect during any negotiations and shall continue to remain in full force and effect until such time as a new agreement is reached 2.) *SAL_ARI hS A _V45* (A) EffectiveYniy 1, 1996, the salary range for the classification of Engineer (control point) shall be adjusted so as to be 16% over and above the salary range for the classification of Firefighter (control point). is adjustment shall occur prior to other adjustments contained in this Agreement Firefigh Engineer 4043.76607363 S 4690.7686454 ' (B) Effective it 1, 1996, the salary range for the classification of Captain (control point) shall be adjusted so as to be 16% over and above the salary range for the classification of Engineer (control point), as adjusted above in paragraph (A). This adjustment shall occur priorrother adjustments contained in this Agreement. sc q,j n 'n 4690.7686454 512916287 (C) Effective October 1, 1996 the City shall increase the Paramedic bonus a b 5 %. First year Paramedic will be at 12.5% above the control P pay y will be at 15.5% above the control point of Firefighter. f Firefighter and second year paramedic (D) Effective October 1, 1996 salaries shall be increased 5.79 %. New base salary schedule: Firefighter 3050.18 3202.69 3362.83 3530.97 3707.52 3892.89 Paramedic lstyr. 3431.46 3603.03 3783.18 3972.34 4170.96 4379.51 Paramedic 3522.96 3699.11, 3884.07 4078.27 4282.18 Engineer 3515.12 3900.88 4095.92 4300.72 4515.76 4496.29 Captain 4309.54 4525.02 4751.27 4988.84 5238.28 ---- - - - - -- New control points: 4278.3045059 4962. 8332471 5756.8865431 (A) The City and the Association shall meet and confer during the term of this MOU and beyond to reach mutual agreement on the revisions to the City's Merit System, as set forth in the City 's Municipal Ordinance, which are mandatory subjects of bargaining. The City will not implement any new provision during the term of a Memorandum of Understanding. T MI T 2 P' CONTRACT 2430 4.j "gANK FOR RANK R P A EMIENT CITY OF EL SEGUNDO (A) Rank for rank rehires shall be made with the following exceptions: The Fire Chief make a provisional appointment consistent with city may expected to last over 20 shifts. In dynamic emergency situations ntthe rank for rank policy may be avoided. (A) The Grievance Procedure currently in existence in the City's Personnel Rules and Regulations (Rule 18) as they pertain to the Firefighter's Bargaining Unit shall remain unchanged. (B) Rule 20.7 (Protests of ratings) of the same rules shall be modified to read as follows: 20.7 Protests of Ratin s In any case of protest to a report of performance, the provisions of Rule 18 shall apply to challenge the content of the employee's evaluation or performance review to the level of the Personnel Officer. (A) (B) 5.) (A) 431 = The City shall continue to provide as dfffered-compensation a set dollar amount to be paid towards the employee's contribution to the Public Employees' Retirement System equal to nine percent (9%). In the event that this method of deferred compensation is declared illegal by a court of competent jurisdiction, by the Internal Revenue service, or by administrators of the Public Employees' Retirement system, the City agrees to apply the percentages referred to herein to the salary schedule as a salary increase equal to the then current total pay for each salary range in lieu of the wed- compensation. In such case, the City shall be relieved of its contractual obligation 1to pay any employees' PERS contributions and instead, the obligation to matte such ntribution shall revert to each individual employee. DENTAL During the term of this agreement, the ACityi p ay $61.8wmo. for Delta Dental Insurance. The City shall offer any city-wide improvements to the dental benefit, to the Firefighters' Association. 8.) D- EIMA,L (A) During the term of this agreement, the City will pay 100% of the premium for City contracted optical insurance for employees and eligible dependents. 9.) EDU 'ATIONAi RFIMBURS1FMFNT (A) The Educational Incentive Pay Program will continue as described in the City's h� CONTRACT 24 S0 - TY OF EL Administrative Code, dated 7/89, Chapter IM - Fire Safety Service SeriesC�Se cons SEGUNDO 1A4.040, 1A4.045, 1A4.050, 1A4.060, 1A4.070, 1A4.080 and 1A4.085. (B) 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 yam) 1) 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. 2) The employee must receive approval (prior to enrollment) from the Fire Chief to receive reimbursement for tuition and books. 3) Tuition and book reimbursement is not to exceed $2,000 for each effected employee per calendar year. 4) Reimbursement requires obtaining a grade of "C" or higher, and submission of appropriate receipts to the Fire Chief and the Director of Human Resources/Risk management. 5) For the term of this agreement funds for this program and reimbursement under 1A4.085 of the City's Administrative Code will be limited to $15,000. 6) The Fire Chief or his designee shall keep a log of employees requesting and receiving educational reimbursement. The employee that has received the least dollar amount and who qualifies for the benefit shall be offered the reimbursement first. Qualifying employees being equal shall be determined by City Seniority. 7) Employees must maintain an overall satisfactory department evaluation to remain eligible for educational reimbursement. 8) Once approval has been obtained the employee must meet the criteria outlined above to receive the reimbursement. If they do not meet the criteria the reimbursement shall be offered to the next qualifying employee. � ► : u 1 1.114 1 161A 11MIN AMOCO (A) Effective October 1, 1996, the City will pay 100% of premiums for California Association of Professional Firefighters group Long Term Disability Insurance. i (A) Upon separation from service of an employee, the city shall pay for the employees' 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; 1.) 50% after ten (10) years of service. 2.) 90% after twenty years of service. 4 ///�- oZ� 017 CONTRACT, 24 80 120 SICK LEA SA ,F FOR FAb- Y ARF CITY OF EL SEC[INDQ (A) Affected employees are eligible to utilize a maximum of six 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. The city shall require each effected employee utilizing sick leave for said purpose to provide in writing a sworn statement evidencing the facts justifying the use of sick leave in this regard. 13.) OPPORTIJN ITY TO RFVTFW McTFRIAr e (A) 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. 14.) LAYOFF -ANp R CAT T • (A) Definitions 1.) Layoff - A reduction in the workforce, resulting in temporary or permanent unemployment, of one or more employees. 2.) 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 effected classification. (B) Grounds for layoff - 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 designee. The City Manager Shall recommend to the City Council each classification to be effected by any such change. Employees of the Fire Department shall be laid off in the following order; 1.) Temporary, part-time and seasonal employees; 2.) Probationary employees; 3.) Employees who have finished their probationary period. (C) Notice to Fmnlov es - 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 5 2430 CITY OF EL SEGUNDO of an emergency, the City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. (D) At -Will Ern loves - 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 classification apromotional probationary employee shall revert to his/her previously held position without loss of seniority. (E) Benefit it Pavoff - In the event an employee is laid off, he/she shall receive payment, at the employee's request, for any earned unused sick leave (in accordance with the M.O.U.), prorated vacation or holiday time as quickly as possible but not later than fourteen (14) days after the layoff. (F) Procedures for .°voff - 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. (G) Procedures for i n o icn Dlacement - Employees shall be reduced or displaced (bumped) m order of their seniority in the effected 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 use for the purpose of calculating seniority in rank. For the purpose of this section Paramedic . Assignment shall be considered below Fire Engineer and above firefighter. (H) Bumping Ri h s - 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 certi fications 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. (I) Break_ ing_TM - 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. (J) Salary 52SVMM - 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 reemployment list or lists. 6 -V.I z ItlAwt 2480 CITY OF EL SEGtIND0 (K) Reemployment uqt 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 form highest to lowest, on a reemployment list for their classification or 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 faEm 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 list without right of appeal. Laid_ off employees do not earn seniority credit or benefits while on the reemployment list. (L) Letter oof_ "off - 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. (NI) Rights of Reemolovme.,t - If a person is reemployed by the City within three 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. (N) A jz°eal - If the above procedures, except for section B - - QMU0ds for avoff and Section D - At Will .r, R1LW P _ , 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 article were violated, to the City Manager. • 15.) PREGNANC'V (A) The City and the Association shall meet throughout the term of this Agreement to establish a Maternity Policy, which permits the member to transfer to a light duty assignment, at any point during the pregnancy, with physician verification of a need for placement on a light duty assignment, Additionally, the policy shall permit an employee, upon return from leave of absence, to resume her previous assignment. 16.) LIGHT-DU TY PAY (A) When an employee is assigned to light duty because of a temporary condition, she/he shall be paid at the rate of her/his normal duty assignment disability d or to the temporary duty schedule. t gnrrrent without regard 17.) SPEcrAL ASSIGNM NT PAY (A) Uniformed personnel who are assigned Fire Department work outside of the Suppression Division shall be paid their base salary plus ten percent (10 %). 18.) PERK v1VOR BENEFIT (A) Effective with the implementation of this contract, the City shall file an application to /� - ��s°s'= 0/0 I a e f iVlw 3, 2480 CITY OF EL SMINQO amend its' P.E.RS. contract to include level 3 of the survivors benefits for employees . covered by this agreement.. (A) The City and the Association agree that effective January 1, 1997, the City shall begin a one -year trial period of a 48/96 work schedule. The trial period shall be implemented as follows: 1 • The trial period shall commence on or about January 1, 1997 to December 31, 1997, based upon a 24 -day work cycle. The City and the Association shall meet to ensure a smooth transfer of the Fair Labor Standards Act C F.L.S.A.') periods, with the goal that the members shall not lose or gain compensation due to this tidal period or transfer of F.L.S.A. Cycles. The City and the Association may meet during the trial period to assess the trial work schedule. 4. In September 1997, the Fire Chief and the Association shall meet to determine whether the trial work schedule shall continue beyond December 31, 1997. 5. The trial work schedule shall continue through December 31, 1998, per mutual agreement of the Association and Fire Chief. 6. In the absence of a mutual agreement between the Association and Fire Chief to S continue the 48/96 work schedule, the schedule in effect preceding the implementation of the trial work schedule shall be reinstated on January 1, 1998. 7. The City and the Association agree that the 48/96 work schedule may be ratified separately from the Memorandum of Understanding. is (A) Except as limited by specific and express terms of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California and/or the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in the agreement is intended to circumscribe or modify the existing rights of the City to direct the work of it's 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. WCONTRACT 2430- 21.) NO R F DjjCTTON CITY Of EL SEGUNDO • (A) Except as provided herein, all existing wages, hours and other terms and conditions of employment of employees represented by the Association shall remain unchanged during the entire term of this agreement, including any extensions; provided, however, that the Parties may mutually agree to amend any provision of this agreement. ui 1 ► :: a (A) Change the City medical insurance contribution formula to be based on the average of available Southern California HMO's. i i► u � (A) The Firefighter's Association shall be limited to eight (8) meetings per year during regular business hours. Additional meetings can be held after hours or on weekends. (B) Meetings held during regular business hours shall begin at 0730 hours and end at 0930 hours with employees returning to work details by 0945 hours, except that meetings may be longer with approval of the Fire Chief or his designee. \ r. •► %f it � / \PJ y \ %J.A \�1 (A) Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: Educational Reimbursement - "I certify that I successfully completed the course(s), receiving at least a grade of "C" or better." (Attach copy of grade verification) "Further, I agree to refund the City or have deducted from my final paycheck any Education Reimbursement funds received under this program if I should leave the City's employ, voluntarily or though 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. " (B) 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 funded 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% 25.) ARAMEDI TRAINING REIMB T SEMENT (A) Employees who participate in the Paramedic Training Program will be required to 41 reimburse the City, for the cost associated with trainin separation from the City service. The rate of reimbursemen g paramedics upon voluntary t is as follows: ii0 i V 1 C7 1 9 a VVit 9fli 1V 6 2480 - CITY OF EL SEGUNDO (1) Voluntary separation during the Paramedic Training Program - 100% of the City's expended costs for training, *,, (2) Voluntary separation during the first year following state certification as a paramedic- (3) 100% of the City's expended costs for training, Voluntary separation during the second year following state certification as a paramedic - 509:0 of the City's expended costs for training, (4) Voluntary separation during the third year, and thereafter, following state certification as a paramedic - no reimbursement. (B) The City's costs will be limited to the following Primary Paramedic Training. (2) State Accreditation Fee. (3) L.A. County Accreditation Fee. 26.) DIS�n, y ENT PROCEDURE (A) The City and the Association shall meet during the term of this MOU to create a mutually agreed upon disability retirement procedure for safety employees. 27.) C0MpgFT4ENS1VR MEMORANDUM OF UNDERCT NDIN 10 (A) The City and the Association shall meet throughout the term of this Agreement Comprehensive Memorandum of Understanding, which includes, in one docment, pare ll of the provisions of current and past agreements which the City and Association are bound to. (A) Split in ranks and paramedic increase = ................................................... (B) Long Term Disability Insurance = ........................................................... (C) 5.79% salary increase = .......... ......$233,574 ...................... (D) Total Cost = ....................... ............ ..............$280,927 (E Total amount offered by City = ...........................$281 ,205 REIMBURSEMENT IS NOT REQUIRED IF THE CITY RECEIVES CREDIT BACK FROM THE TRAINING PROGRAM. 10 For the: • EL SEGUNDO FIREFIGHTER'S ASSOCIATION reek Slover, 1st Vice President for Kevin Rehm, President /Z�'- z3 Date 4 Is CONTRACT For the: 2480 CITY OF EL SEGUNDO SEGUNDO City Manager Robert Hyland, Director ofi Human Resources /Risk Management Date 0 0185