CONTRACT 3270 - PERM Memorandum of Understanding CLOSED1
3 2- 7 0
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 3682
JULY 19 2003 THROUGH JUNE 309 2008
TABLE OF CONTENT
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
7
Section
1.02
Recognition
Page
7
Section
1.03
Managements Rights
Page
7
Section
1.04
Savings Clause
Page
8
Section
1.05
No Strike Clause
Page
8
Section
1.06
Maintenance of Existing Benefits
Page
8
Section
1.07
Non - Discrimination Clause
Page
9
Section
1.08
Notice to Meet and Confer
Page
9
ARTICLE 2
SALARIES
Section
2.01
Schedule of Classes by Series
Page
10
Section
2.02
Salary Schedule Calculation Methodology
Page
10
Section
2.03
Basic Total Salary Schedule
Page
11
Section
2.04
Salaries
Page
12
Section
2.05
Basic Salary Schedule - Step Advancement
Page
12
Section
2.06
Compensation / Probationary Period
Page
13
Section
2.07
Change in Anniversary Date on Promotion
Page
13
Section
2.08
Salary Placement on Promotion
Page
13
Section
2.09
Garnishments
Page
14
Section
2.10
Flexible Spending Account
Page
14
ARTICLE 3
Incentive Compensation
Section
3.01
Paramedics Special Assignment
Page
14
Section
3.02
Paramedic License Incentive
Page
15
Section
3.03
Assignment Out of Suppression
Page
16
Section
3.04
Hazardous Material Incentive
Page
16
Section
3.05
Light -Duty Pay
Page
16
ARTICLE 4
EDUCATIONAL PROGRAM
Section
4.01
Levels
Page
16
Section
4.02
Effective January 1, 2004
Page
17
Section
4.03
Effective July 1, 2005
Page
17
Section
4.04
Eligibility
Page
18
Section
4.05
Continuous Training
Page
18
ARTICLE
5
LONGEVITY ACHIEVEMENT PAY
Section
5.01
Step Advancement
Page
18
Section
5.02
Tenure and Compensation Schedule
Page
19
Section
5.03
Eligibility
Page
20
K
4
Section 5.04
Section 5.05
ARTICLE 6
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
TABLE OF CONTENT
Promotion Step Placement
Supervisors Salary Step Placement
INSURANCE - ACTIVE EMPLOYEES
Basic Health Insurance Provider
Optical Insurance Provider
Health Insurance Formula
Dental Optical and Life Insurance
Long Term Disability Insurance
Long Term Care Insurance
Medical Insurance Continuation
ARTICLE 7 INSURANCE - RETIRED EMPLOYEES
Section 7.01 City Sponsored Plans
Section 7.02 Other Medical Insurance Plans
Section 7.03 Eligibility
3 ^70
Page 20
Page 20
Page 20
Page 20
Page 21
Page 21
Page 21
Page 21
Page 21
Page 22
Page 22
Page 22
ARTICLE 8
SICK LEAVE
Section
8.01
Sick Leave Accrual
Page
22
Section
8.02
Sick Leave Usage for Family Care
Page
23
Section
8.03
Payment upon Separation
Page
23
Section
8.04
Payment upon Disability Retirement
Page
23
Section
8.05
Payment upon Death
Page
23
Section
8.06
Annual Payment for Hours Over Max
Page
23
ARTICLE 9
VACATION
Section
9.01
Accrual - 40 Hour Work Week
Page
23
Section
9.02
Accrual - Twenty -Four Hour Shift Work
Page
24
Section
9.03
Eligibility
Page
24
Section
9.04
Buy Back
Page
24
Section
9.05
Accrual - Injury on Duty
Page
24
Section
9.06
Promotion and Transfer Eligibility
Page
25
Section
9.07
Payout on Termination
Page
25
Section
9.10
Emergency Use
Page
25
ARTICLE 10
OVERTIME
Section
10.01
General
Page
25
Section
10.02
Fair Labor Standards Act
Page
26
Section
10.03
Recall Forced Hire Compensation
Page
26
Section
10.04
July 1, 2006 Overtime Provisions
Page
26
3
ARTICLE 11
Section 11.01
Section 11.02
ARTICLE 12
Section 12.01
Section 12.02
Section 12.03
Section 12.04
ARTICLE 13
Section 13.01
Section 13.02
Section 13.03
Section 13.04
Section 13.05
Section 13.06
Section 13.07
TABLE OF CONTENT
DEFERRED COMPENSATION PROGRAM
Eligibility / Program Administrator
Page
27
City Matching Funds
Page
27
RETIREMENT - PERS
30
Section 14.02
Three Percent at Fifty -Five
Page
27
Survivors Benefit
Page
28
Retirement Formula
Page
28
PERS Payment Pick -Up
Page
28
CONTINGENCY COMPENSATION
General Page 28
Financial Incentive Limitation Page 29
Sales Tax Page 29
Accumulation Page 29
One Percent Calculation Page 29
Payment Page 29
Compensation Page 30
ARTICLE 14
UNIFORM AND SAFETY EQUIPMENT
Section 14.01
Maintenance Program
Page
30
Section 14.02
Cal OSHA/ Fed OSHA Uniform Requirements
Page
30
Section 14.03
Uniform Officer
Page
30
ARTICLE 15
BEREAVMENT LEAVE
Section 15.01
General
Page
30
Section 15.02
Use of Other Leaves
Page
31
Section 15.03
Documentation
Page
31
ARTICLE 16
COMPUTER LOAN PROGRAM
Section 16.01
General
Page
31
Section 16.02
Initial Loan
Page
31
Section 16.03
Eligible Purchases
Page
31
ARTICLE 17
JURY DUTY LEAVE
Section 17.01
Jury Duty Leave
Page
32
ARTICLE 18 SAFETY COMMITTEE
Section 18.01 Selecting Members Page 32
Section 18.02 Purpose Page 32
Section 18.03 Meetings Page 33
4
i
'
22.03
TABLE OF CONTENT
Page
37
ARTICLE 23
MATERNITY LEAVE
r
ARTICLE 19
TRAINING REIMBURSEMENTS
Equal Benefits
Page
Section
19.01
Paramedic Training
Page
33
Section
19.02
Department Instructor Training
Page
33
ARTICLE 20
EDUCATIONAL REIMBURSEMENTS
23.04
Leave
Section
20.01
Reimbursement for Courses
Page
34
Section
20.02
Reimbursement for Tuition and Books
Page
34
Section
20.03
City Reimbursement Agreement
Page
35
Section
20.04
City Reimbursement Schedule
Page
35
ARTICLE 21
TEMPORARY APPOINTMENTS
ARTICLE 24
POLICY AND PROCEDURES AGREEMENTS
Section
21.01
General
Page
36
Section
21.02
Method for Filling Vacancies
Page
36
Section
21.03
Guidelines
Page
36
Section
21.04
Parameters for Conferring
Page
36
Section
21.06
Determination of Appointment
Page
37
Section
21.07
Intent of Policy
Page
37
ARTICLE 22 MAINTENANCE AND REPAIRS
Section 22.01 Carpentry Page 37
Section 22.02 Painting Page 37
Section
22.03
Administrative Offices
Page
37
ARTICLE 23
MATERNITY LEAVE
Section
23.01
Equal Benefits
Page
38
Section
23.02
Working and Reporting
Page
38
Section
23.03
Light Duty
Page
38
Section
23.04
Leave
Page
38
Section
23.05
Notice of Leave
Page
39
Section
23.06
Returning to Work
Page
39
Section
23.07
Comparable Position
Page
39
Section
23.08
Rights
Page
40
ARTICLE 24
POLICY AND PROCEDURES AGREEMENTS
Section
24.01
Disability Retirement Appeal Policy
Page
40
Section
24.02
Annual Fitness for Duty Procedures
Page
40
Section
24.03
Injury on Duty Procedures
Page
40
Section
24.04
Modified Duty Procedures
Page
40
Section
24.05
Rehire Policies
Page
41
Section
24.06
Rank for Rank Policy
Page
41
Section
24.07
Drug -Free Workplace Policy
Page
41
_i
Section 24.08
Section 24.09
Section 24.10
Section 24.11
Section 24.12
Section 24.13
Section 24.14
TABLE OF CONTENT
Layoff and Recall Policy
Grievance Procedures
Shift Trade Policy
No Smoking Policy
Medical Examination Policy
Military Leave Policy
Election Day Voting Policy
ARTICLE 25 UNION BUSINESS
Section 25.01 Bulletin Boards
Section 25.02 Union Meetings
Section 25.03 Conduct of Union /Association Business
3 -2,®.
Page 41
Page 44
Page 47
Page 47
Page 47
Page 47
Page 48
Page 48
Page 48
Page 48
ARTICLE 26
HOLIDAYS
Section
26.01
Accumulation
Page
49
Section
26.02
Annual Payment
Page
49
Section
26.03
PERS Pick -Up
Page
49
ARTICLE 27
MISCELLANEOUS
Section
27.01
Promotional Examination Requirements
Page
49
Section
27.02
Opportunity to Review Materials
Page
50
Section
27.03
Class "A" Driver License
Page
50
Section
27.04
Sharing of Health Insurance Costs
Page
50
Section
27.05
Reopen on Health Care Provider
Page
51
Section
27.06
Training Public and Employees
Page
51
ARTICLE
28
SCHEDULE
Section
28.01
Workweek
Page
51
ARTICLE
29
TERM
Section
29.01
Term
Page
51
ARTICLE
30
RETROACTIVITY
Section
30.01
Retroactivity
Page
52
ARTICLE
31
SIGNATURES
Section
31.01
Signatures
Page
52
C
ARTICLE 1 - GENERAL PROVISIONS 327 O • , .
Section 1.01 PREAMBLE
1. This Memorandum of Understanding is made and entered into between
the E1 Segundo Firefighters' Association, affiliated with the
International Association of Firefighters, hereinafter, referred
to as "Union ", and the management representatives of the City of
E1 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 it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1.08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. 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.
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
1. 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 purpose, the unit shall
consist of the following positions: Firefighter, Firefighter
Special Assignment Paramedic, Fire Engineer, and Fire Captain.
Section 1.03 MANAGEMENT RIGHTS
1. 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 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 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
7
r' n
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 1.04 SAVINGS CLAUSE
1. If any provision or the application of any provision of this
Memorandum 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 this Memorandum
shall remain in force and effect for the duration of said
Memorandum.
Section 1.05 NO STRIKE
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 Ca1.App.3rd 1568, 255 Ca1.Rptr. 688 regarding public
safety organization "sick outs ").
Section 1.06
MAINTENANCE OF EXISTING BENEFITS
1. The Memorandum of Understanding contains all of the covenants,
stipulations and provisions agreed upon by the parties. It is
understood that all items relating to employee wages, hours and
other terms and conditions of employment not covered in this
Memorandum of Understanding 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 this agreement, 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
execution of this agreement or which may have been omitted in the
discussions which led up to the execution of this agreement,
except as provided in this agreement or by mutual agreement of
parties.
2. Nothing herein prevents the City and
consulting on the City's Personnel Rule
are within the scope of representation
agreement of both the City and Union ar
change.
Section 1.07 NON - DISCRIMINATION CLAUSE
Union from meeting and
Rules and Regulations, which
However, the mutual
e required to effect any
1. The Union and the City recognize and agree to protect the rights
of all employees to join and /or participate in the protected
Union activities or to refrain from joining or participating in
protected activities in accordance with Government Code Sections
3500 through 3510.
2. The City and the Union agree that they shall not illegally
discriminate against any employee because of race, color, sex,
age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal
employee opportunities for all employees. The City and the Union
shall reopen any provision of this agreement for the purpose of
complying with any final order of a Federal or State agency or
court of competent jurisdiction requiring a modification or
change in any provision or provisions of this agreement dealing
with State or Federal anti - discrimination laws.
Section 1.08
NOTICE TO MEET AND CONFER
1. 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.
M
9
Section 2.01
ARTICLE 2 — SALARIES
SCHEDULE OF CLASSES BY SERIES
3270
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:
Positions
Range Number
Firefighter / HAZ MAT
483 / 483 -HM
Firefighter - 20 Units / HAZ MAT
483 -6 / 483 -6 -HM
Firefighter - AA/AS / HAZ MAT
483 -7 / 483 -7 -HM
Firefighter - BA/BS / HAZ MAT
483 -8 / 483 -8 -HM
Firefighter - Master / HAZ MAT
483 -9 / 483 -8 -HM
FF /Paramedic - Vt Yr. / HAZ MAT
483 -P1 / 483 -P1 -HM
FF /Paramedic - V Yr. 20 Units / HAZ MAT
483 -6 -P1 / 483- 6 -P1 -HM
FF /Paramedic - 15` Yr. AA/AS / HAZ MAT
483 -7 -P1 / 483- 7 -P1 -HM
FF /Paramedic - 15` Yr. BA/BS / HAZ MAT
483 -8 -P1 / 483- 8 -P1 -HM
FF /Paramedic - 151 Yr. Master / HAZ MAT
483 -9 -P1 / 483- 9 -P1 -HM
FF /Paramedic - 2 "d Yr. / HAZ MAT
483 -P2 / 482 -P2 -HM
FF /Paramedic - 2 "d Yr. 20 Units / HAZ MAT
483 -6 -P2 / 483- 6 -P2 -HM
FF /Paramedic - 2 "d Yr. AA/AS / HAZ MAT
483 -7 -P2 / 483- 7 -P2 -HM
FF /Paramedic - 2 "d Yr. BA/BS / HAZ MAT
483 -8 -P2 / 483- 8 -P2 -HM
FF/Paramedic - 2" d Yr. Master / HAZ MAT
483 -9 -P2 / 483- 9 -P2 -HM
Fire Engineer / HAZ MAT
497 / 497 -HM
Fire Engineer - 20 Units / HAZ MAT
497 -6 / 497 -6 -HM
Fire Engineer - AA/AS / HAZ MAT
497 -7 / 497 -7 -HM
Fire Engineer - BA/BS / HAZ MAT
497 -8 / 497 -8 -HM
Fire Engineer - Master / HAZ MAT
497 -9 / 497 -9 -HM
Fire Captain / HAZ MAT
510 / 510 -HM
Fire Captain - 20 Units / HAZ MAT
510 -6 / 510 -6 -HM
Fire Captain - AA/AS / HAZ MAT
510 -7 / 510 -7 -HM
Fire Captain - BA/BS / HAZ MAT
510 -8 / 510 -8 -HM
Fire Captain - Master / HAZ MAT
510 -9 / 510 -9 -HM
Section 2.02 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 box
located at Step F of Level 0 of Range 483, and Step E of Level 0
of Ranges 497 and 510 of the Basic Total Salary Schedule, which
shall be multiplied by the percent of the adjustment, e.g. 5%
increase = F x 1.05 (Range 483) or E x 1.05 (Ranges 497 and 510)
using a 12 -digit calculator. All other calculations shall be
based on this new amount. Each salary step shall be calculated by
using the raw unrounded figure in the calculator for the previous
salary step. Once all of the salary steps have been computed,
each salary figure shall be rounded off to two (2) decimal places
(i.e. if the third decimal place is 5 or greater, the second
digit is rounded up 1 cent; if 4 or lower the second digit would
remain unchanged) which then shall comprise the new basic total
salary schedule. Other steps within the various ranges shall be
10
m
' calculated by multiplying or dividing the appropriate step by the
one being calculated as indicated below. Base taxable pay will
be calculated by subtracting the Public Employee Retirement
System (PERS) employer paid member contribution picked up by the
employer in accordance with Internal Revenue Code Section
414(h) (2) , (which is calculated at 9% of the resulting unrounded
total salary step) from the resulting unrounded total salary
step. Hourly rates for each step, base taxable and base total
salary, may then be calculated by multiplying the respective
unrounded salary step, taxable or total, by twelve (12) and then
dividing by two thousand nine hundred twelve (2,912) and rounding
off the result to the nearest four (4) decimal places as
described above.
Section 2.03 BASIC TOTAL SALARY SCHEDULE
(Range 483)
Level I Steps
A B C D E F W X Y Z
0 B /1.05 C /1.05 D /1.05 E /1.05 F /1.05 CNTRL Fx1.06 Wx1.06 Xx1.06 Yx1.06
A -6 B -6 C -6 D -6 E -6 F -6 W -6 X -6 Y -6 Z -6
6 Ax1.00 Bx1.02 Cx1.02 Dx1.02 Ex1.02 Fx1.02 Wx1.02 Xx1.02 Yx1.02 Zx1.02
A -7 B -7 C -7 D -7 E -7 F -7 W -7 X -7 Y -7 Z -7
7 Ax1.00 Bx1.00 Cx1.00 Dx1.00 Ex1.00 Fx1.00 Wx1.06 Xx1.06 Yx1.06 Zx1.06
A -8 B -8 C -8 D -8 E -8 F -8 W -8 X -8 Y -8 Z -8
8 Ax1.00 Bx1.00 Cx1.00 Dx1.00 Ex1.00 Fx1.00 Wx1.10 Xx1.10 Yx1.10 Zx1.10
A -9 B -9 C -9 D -9 E -9 F -9 W -9 X -9 Y -9 Z -9
9 Ax1.00 Bx1.00 Cx1.00 Dx1.00 Ex1.00 Fx1.00 Wx1.15 Xx1.15 Yx1.15 Zx1.15
(Ranges 497/510)
Level I Steps
A
B
C
D
E
W
X
Y
Z
0 B /1.05
C /1.05
D /1.05
E /1.05
CNTRL
Exl.06
Wx1.06
Xx1.06
Yx1.06
A -6
B -6
C -6
D -6
E -6
W -6
X -6
Y -6
Z -6
6 Axl.02
Bx1.02
Cx1.02
Dx1.02
Ex1.02
Wx1.02
Xx1.02
Yx1.02
Zx1.02
A -7
B -7
C -7
D -7
E -7
W -7
X -7
Y -7
Z -7
7 Axl.06
Bx1.06
Cx1.06
Dx1.06
Ex1.06
Wx1.06
Xx1.06
x1.06
Zx1.06
A -8
B -8
C -8
D -8
E -8
W -8
X -8
Y -8
Z -8
8 Ax1.10
Bx1.10
Cx1.10
Dx1.10
Ex1.10
Wx1.10
Xx1.10
Yx1.10
Zx1.10
A -9
B -9
C -9
D -9
E -9
W -9
X -9
Y -9
Z -9
9 Ax1.15
Bx1.15
Cx1.15
Dx1.15
Ex1.15
Wx1.15
Xx1.15
Yx1.15
Zx1.15
11
Section 2.04 SALARIES
1. July 2003 Resulting Calculated Base Taxable Hourly Rates, Without
Enhancements
Position Starting Hourly Rate Maximum Hourly Rate
Firefighter 14.9699 19.0876
Paramedic 16.9074 22.1310
Engineer 18.2189 22.1310
Captain
21.1234 25.6614
a. Effective the first day of the first payroll period in
October 2004, the base salaries of employees covered herein
shall be increased by the percentage amount in accordance
with the contingency agreement herein.
b. Effective the first day of the first payroll period in
October 2005, the base salaries of employees covered herein
shall be increased by the percentage amount in accordance
with the contingency agreement herein.
c. Effective the first day of the first payroll period in July
2006, the base salaries of employees covered herein shall be
increased by 1.43 %.
d. Effective the first day of the first payroll period in
October 2006, the base salaries of employees covered herein
shall be increased by the percentage amount in accordance
with the contingency agreement herein.
e. Effective the first day of the first payroll period in July
2007, the base salaries of employees covered herein shall be
increased by 2.54 %.
f. Effective the first day of the first payroll period in
October 2007, the base salaries of employees covered herein
shall be increased by the percentage amount in accordance
with the contingency agreement herein.
g. Effective the first day of the first payroll period in
October 2008, the base salaries of employees covered herein
shall be increased by the percentage amount in accordance
with the contingency agreement herein.
Section 2.05 BASIC 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, and D (E 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.
12
3 -/0 • .
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
1. Fire service employees shall be appointed to the position of
Firefighter and compensated at Step A of the range assigned to
Firefighter in the Basic Total Salary Schedule for the first six
months from their date of hire. They shall be on probation
during the first twelve months from their date of hire.
Section 2.07
CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
1. An employee advanced from Range 483 to Range 497 or 510, or from
Range 497 to Range 510, 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 "Basic Salary
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 PROMOTIONS
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 the
base rate of the Basic Total Salary Schedule, Level 0 salary
step to which employee is entitled compensation, not to exceed
Z -Step of Level 0 of the Basic Total Salary Schedule, excluding
special assignment pay received by said employee in such
classification at the time of such promotion, unless otherwise
ordered by the City Council.
2. Example: Multiply the 0 level of the salary schedule to which
the employee is currently entitled by one and five one
hundredths (1.05). The employee shall be placed at the 0 level
13
of the salary schedule to which the employee is promoted that is
the lowest step greater than the result of the multiplication
above. Once the proper 0 level placement is ascertained the
employee is moved to the educational incentive level for which
they are entitled in conjunction with this new level. Upon
satisfactory performance the employee will be entitled to the
next pay step annually until the employee has reached the
longevity step that matches their tenure.
3. 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 to or lower
than one of his /her regularly assigned 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.
4. Any affected employee assigned to and performing the duties of a
paramedic and who during the term of this agreement 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).
Section 2.09 GARNISHMENTS
1. Effective July 1, 1989, employees whose City paychecks are
garnished shall have caused to be deducted from their paycheck a
one time per occurrence set -up fee of $35 and $10 for every
paycheck in which their wages are garnished.
Section 2.10
1.Effective
employees
pursuant
Code.
Section 3.01
FLEXIBLE SPENDING ACCOUNT
July 1, 1989, the City shall continue to allow
to participate in the Flexible Spending Account
to the terms and conditions of the Internal Revenue
ARTICLE 3 - INCENTIVE COMPENSATION
PARAMEDIC SPECIAL ASSIGNMENT PAY
1. Paramedics shall be entitled to receive special assignment pay
as follows:
a. While assigned to the trainee level *, no paramedic special
assignment pay shall be provided;
b. During the first year of paramedic service after
accreditation, special assignment pay equal to thirteen
percent (13 %) above the Basic Total Salary Schedule step in
Range 483 to which they are entitled;
14
3270 • . 0 #'
c. During the second year and following years of paramedic
service, paramedic special assignment pay equal to sixteen
percent (16 %) above the Basic Total Salary Schedule step in
Range 483 to which they are entitled.
d. Paramedics working under any of the staffing policies to
replace a firefighter position shall be compensated at pay
equal to eight percent (8 %) above the Basic Total Salary
Schedule step in Range 483 to which they are entitled.
*Trainee level is completed upon accreditation as a paramedic by the
County of Los Angeles.
Section 3.02
PARAMEDIC LICENSE INCENTIVE
1. Effective July 1, 2006, permanent sworn employees with a minimum
of two years with the E1 Segundo Fire Department not assigned to
special assignment paramedic duties that possess a California
Paramedic License and have Accreditation by the County of Los
Angeles will be compensated at eight percent (8 %) above the
salary step to which they are entitled.
2. The members qualifying for this incentive may be utilized on
paramedic extension or assessment apparatus. These employees will
be used on rescue ambulances to cover for members in the special
assignment paramedic status only in emergency situations and for
short periods where no special assignment paramedic can be called
in from off duty. The fire department will pursue calling in off
duty members during the interim.
3. Unit members fitting the description above shall, in addition to
the criteria above, be approved and certified for use as a
paramedic by the Paramedic Coordinator and EMS Educator prior to
being utilized or compensated. Members that are not approved
will be able to seek approval again under the following
conditions: (1) It has been 12 months from the date of denial.
(2) They have acquired an additional 20 hours of continuing
education from the date of denial. (3) They have all mandated EMS
training updates.
4. 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. 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 this MOU.
5. The City shall continue to provide an EMS Educator.
15
3970.
Section 3.03 ASSIGNMENT OUT OF SUPPRESSION
1. Uniformed personnel who are assigned Fire Department work
outside of the Suppression Division shall receive special
assignment pay equal to ten percent (10 %) of the Basic Total
Salary Schedule step in Range 483, 497 and 510 to which they are
entitled.
Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL
INCENTIVE PAY
1. Unit members will receive incentive pay for possession of
hazardous materials certification (operational level - first
responder).
2. Pay for operational level of hazardous material certification
(FRO) shall be calculated using the "SALARY SCHEDULE CALCULATION
METHODOLOGY" section of the MOU.
3. Effective the first day of the first payroll period in July 2003,
the base salaries of qualifying employees covered herein shall be
increased by 1.91 %.
4. Effective the first day of the first payroll period in July,
2004, the base salaries of qualifying employees covered herein
shall be increased by an additional .41% for a total incentive
pay of 2.32 %.
5. Effective the first day of the first payroll period in July,
2005, the base salaries of qualifying employees covered herein
shall be increased by an additional .40% for a total incentive
pay of 2.72 %.
6. Effective the first day of the first payroll period in July,
2006, the base salaries of qualifying employees covered herein
shall be increased by an additional .28% for a total incentive
pay of 3 %.
Section 3.05
LIGHT -DUTY PAY
1. 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.
ARTICLE 4 - EDUCATIONAL PROGRAMS
Section 4.01 LEVELS
1. Levels 6, 7, 8, and 9 of the Basic Total Salary Schedule are
educational incentive provisions and are to be used in applying
the educational incentive pay policy.
16
Section 4.02 INCENTIVE PAY
1. EFFECTIVE JANUARY 1, 2004
3`70
1. Effective January 1, 2004 employees; having satisfactorily
served at least twenty -four months in the El Segundo Fire
Department possessing a valid Commercial Class "B" Restricted
Driver's License, a fire fighters restricted noncommercial Class
"B" Driver's License, or equivalent, possessing a valid EMT -D
certification or Los Angeles County Paramedic Accreditation, and
meeting any one of the following educational requirements shall
be compensated for their services at two percent (2 %) above the
step of level 0 of the applicable Basic Total Salary Schedule to
which they are entitled:
a. Fire Science Certificate;
b. Successful completion of twenty units of college level
courses in Fire Science;
C. Associate of Arts Degree with at least twenty units in Fire
Science;
d. California State Fire Marshal, Chief Officer Certificate;
e. Bachelor's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief and City Manager; or
f. Master's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief and City Manager.
2. EFFECTIVE JULY 1, 2005
1. Effective July 1, 2005, employees possessing a valid Commercial
Class "B" Driver's License, a Fire fighters restricted
noncommercial Class "B" Driver's License, or equivalent, and
possessing a valid EMT -D certification or Los Angeles County
Paramedic Accreditation shall be compensated for their services
at the step of level 0 of the applicable Basic Total Salary
Schedule to which they are entitled plus the applicable percent
of salary shown below upon fulfilling the respective educational
and City fire service longevity requirements:
a. Two percent (2 %) - Fire Science Certificate or successful
completion of twenty units of college level courses in Fire
Science, and two years of service. This level of
compensation is depicted in steps A -6 through Z -6 of the
applicable Basic Total Salary Schedule;
b. Six percent (6 %) - Associate of Arts Degree with at least
twenty units in Fire Science or California State Fire
Marshal, Chief Officer Certificate, and seven and one half
years of service. This level of compensation is depicted
in steps A -7 through Z -7 of the applicable Basic Total
Salary Schedule;
17
32
C. Ten percent (10 %) - Bachelor's Degree in Public
Administration, Political Science, Chemistry or other major
course of study approved by the Fire Chief and City
Manager, and ten years service. This level of compensation
is depicted in steps A -8 through Z -8 of the applicable
Basic Total Salary Schedule; or
d. Fifteen percent (15 %) - Master's Degree in Public
Administration, Political Science, Chemistry or other major
course of study approved by the Fire Chief and City
Manager, and fifteen years service. This level of
compensation is depicted in steps A -9 through Z -9 of the
applicable Basic Total Salary Schedule.
Section 4.03 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. Each
employee who qualifies for educational incentive pay shall
remain eligible during the course of his /her employment with the
City, with the following exceptions: After qualifying for
educational incentive pay, an employee shall cease to receive
such pay during any time period that: the employee does not meet
the requirements for educational incentive pay; 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
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
Section 4.04
CONTINUOUS TRAINING
1. 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.
Section 5.01
ARTICLE 5 - LONGEVITY ACHIEVEMENT PAY
STEP ADVANCEMENT
1. Steps W, X, Y and Z of the Basic Total Salary Schedules are
longevity provisions and are to be used in applying the
following policy.
18
-270. ..
Section 5.02 TENURE AND COMPENSATION SCHEDULE
1. Effective July 1, 2000, employees shall be compensated for their
services at the step of level 0 of the applicable Basic Total
Salary Schedule to which they are entitled plus the applicable
percent of salary shown below upon fulfilling the respective
continuous city fire service longevity requirements and
intermediate step requirements:
a. Upon completion of six and one -half years of service and of
one year in step E of current classification an increase of
six percent (6 %). This level of compensation is depicted
in steps W through W -9 of the applicable Basic Total Salary
Schedule;
b. Upon completion of thirteen years of service, of one year
in step E of current classification, and one year in step W
of current classification an additional six percent (6 %) .
This level of compensation is depicted in steps X through
X -9 of the applicable Basic Total Salary Schedule;
C. Upon completion of nineteen and one -half years of service,
of one year in step E of current classification, one year
in step W of current classification, and one year in step X
of current classification an additional six percent (6 %) .
This level of compensation is depicted in steps Y through
Y -9 of the applicable Basic Total Salary Schedule; or
d. Upon completion of twenty -six years of service, of one year
in step E of current classification, one year in step W of
current classification, one year in step X of current
classification and one year in step Y of current
classification an additional six percent (6 %). This level
of compensation is depicted in steps Z through Z -9 of the
applicable Basic Total Salary Schedule.
e. Effective July 1 2005, upon completion of six and one -half
years of service and of one year in step E of current
classification an increase of eight percent (8 %). This
level of compensation is depicted in steps W through W -9 of
the applicable Basic Total Salary Schedule;
f. Effective July 1 2005, upon completion of thirteen years of
service, of one year in step E of current classification,
and one year in step W of current classification an
additional eight percent (8 %). This level of compensation
is depicted in steps X through X -9 of the applicable Basic
Total Salary Schedule;
g. Effective July 1 2005, upon completion of nineteen and one -
half years of service, of one year in step E of current
classification, one year in step W of current
classification, and one year in step X of current
classification an additional eight percent (8 %). This
level of compensation is depicted in steps Y through Y -9 of
the applicable Basic Total Salary Schedule; or
h. Effective July 1 2005, upon completion of
of service, of one year in step
classification, one year in step
classification, one year in step
classification and one year in step
classification an additional eight perc,
twenty six years
E of current
W of current
X of current
Y of current
=nt (8 %). This
� �e
19
level of compensation is depicted in steps Z through Z -9 of
the applicable Basic Total Salary Schedule.
Section 5.03 ELIGIBILITY
1. After qualifying for longevity pay, an employee shall cease to
receive such pay during any time period that: the employee does
not meet the requirements for longevity pay; 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
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
Section 5.04 PROMOTION STEP PLACEMENT
1. An employee receiving longevity pay in a particular
classification may not be immediately eligible to receive
longevity pay upon promotion to a higher classification.
Section 5.05
SUPERVISORS SALARY STEP ADVANCEMENT
1. When necessary to comply with the requirements of the section
entitled "Promotions" herein, the requirements above for
employees to have served a minimum amount of time in an
intermediate step may be waived by the City. However, under no
circumstances may an employee be placed in a longevity step for
which the employee does not meet the respective continuous City
fire service longevity requirement.
ARTICLE 6 - INSURANCE ACTIVE EMPLOYEES
Section 6.01 BASIC HEALTH AND MEDICAL INSURANCE
1. 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 6.02 OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamster's proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
20
Section 6.03
HEALTH INSURANCE FORMULA
1. The monthly City -paid health insurance premium contributions
will be equal to the average dollar cost of the premium for an
employee and two (2) or more dependents under the HMOs available
to the employees under the Public Employees' Medical and
Hospital Care Program in the Southern California area.
Section 6.04 DENTAL, OPTICAL AND LIFE INSURANCE
The City will pay 100% of the premiums for the agreed upon
dental, optical and life insurance for employees and eligible
dependents to the maximum dollar amount of $100 per month. The
City will apply the maximum dollar amount to the payment of the
various premiums in the following order of precedence: optical
insurance first, then life insurance, and finally dental
insurance.
2. Effective July 1, 2004 the City will pay 100% of the premiums
for the agreed upon dental, optical and life insurance for
employees and eligible dependents. The entire dollar amount of
those premiums will be provided to each employee in the form of
additional salary in a flat dollar amount. Any insurance
premiums the employee becomes obligated to pay will be deducted
from the employee's paycheck and if eligible through the City's
established flex plan under section 125 of the Internal Revenue
Code.
Section 6.05 LONG TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 100% of
premiums for California Association of Professional Firefighters
group Long Term Disability Insurance. These payments shall be
reported to the taxing authorities as ordinary income of the
employees.
Section 6.06 LONG TERM CARE GROUP INSURANCE
1. Effective July 1, 2003 the City will pay on behalf of each
qualifying employee 100% of premiums for California Association
of Professional Firefighters Supplemental Long Term Care Rider
Composite Plan.
Section 6.07 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
1. 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 7.01
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
CITY SPONSORED MEDICAL INSURANCE PLANS
1. 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.
Section 7.02
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 E1
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 7.03
ELIGIBILITY RETIREE MEDICAL INSURANCE
1. Effective July 1, 1989, employees shall have a minimum of five
(5) years of City service as a prerequisite to receive from the
City service retiree medical insurance contributions and
continued participation in the City's group insurance plans
except as may be mandated by law (e.g., COBRA).
Section 8.01
ARTICLE 8 - SICK LEAVE
SICK LEAVE ACCRUAL
1. 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, paramedic, fire engineer, and fire
captain 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.
22
3270
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1. 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 affected
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 in compliance with the
California Family Rights Act, Labor Code Section 233.
Section 8.03
SICK LEAVE PAY UPON SEPARATION
1. 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:
a. 50% after ten years of service.
b. 90% after twenty years of service.
Section 8.04 SICK LEAVE UPON DISABILITY RETIREMENT
1. 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.
Section 8.05
SICK LEAVE PAY UPON DEATH
1.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.
Section 8.06
ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. 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 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.
Section 9.01
ARTICLE 9 - VACATION LEAVE
VACATION ACCRUAL 40 -HOUR WORK WEEK
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:
23
i
a. Twelve working days per year with full salary for the first
seven years of continuous service with the City;
b. Eighteen working days per year with full salary after seven
years and until the completion of fourteen years of
continuous service;
c. Twenty -four working days per year with full salary after
fourteen years of continuous service.
Section 9.02
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.
Section 9.03
VACATION 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. When the Fire Chief authorizes the use of
unsecured vacation, 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 9.04 VACATION BUY BACK
1. Each affected employee shall be provided the option of
converting fifty percent (50 %) of annual accrued vacation leave
to cash, at the hourly rate existing at the time of
distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
Section 9.05
VACATION ACCRUAL ON IOD
1. 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).
3270.. .;-
Section 9.06 PROMOTION AND TRANSFER ELIGIBILITY
1. Vacations shall be honored with respect to all transfers and
promotions. However, no vacations vacated shall be taken as
additions, unless staffing permits.
Section 9.07
PAYOUT ON TERMINATION
1. 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 9.10 EMERGENCY USE
1. 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.
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
1. Until July 1, 2006
a. All of the members of said Department shall be subject to call
for service at any and all times.
b. 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, as defined in
the Fair Labor Standards Act (FLSA), for all time actually
worked in excess of 182 hours in a 24 -day work period.
c. All employees working a 40 hour /7 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 actually
worked in excess of 40 hours in a seven day work period.
2. Effective July 1, 2006
a. All of the members of the Fire Department shall be subject to
call for service at any time.
b. 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 or regarded as having been worked because of a paid leave
of absence in excess of their daily work shift or in excess of
182 hours in a 24 day work period.
25
c. 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 or regarded as having
been worked because of a paid leave of absence in excess of
their daily work shift or in excess of 40 hours in a 7 day work
period.
Section 10.02 OVERTIME UNDER FLSA
1. Until July 1, 2006
a. The City shall compensate personnel who temporarily work an 8-
hour day at their normal hourly fire suppression pay rate 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. The time worked
on a 40 -hour per week schedule shall be considered as hours worked
within the work period designated by the City for FLSA overtime
calculation purposes.
2. Effective July 1, 2006)
a. The City shall compensate personnel who temporarily work an 8-
hour day at their normal hourly fire suppression pay rate 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 10.03 RECALL /FORCED HIRE COMPENSATION
1. Until July 1, 2006
a. Employees subject to recall shall be paid a minimum of four (4)
hours at straight time and employees subject to forced rehire shall
be paid a minimum of four (4) hours at time and one -half (only when
recalled for suppression duties). The Battalion Chief 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.
2. Effective July 1, 2006
a. Employees subject to recall shall be paid a minimum of four (4)
hours at time and one -half. Employees subject to forced rehire
shall be paid a minimum of four (4) hours at time and one -half.
The Battalion Chief 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.
VQ
3270 . .
ARTICLE 11 - DEFERRED COMPENSATION PROGRAM
Section 11.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1. 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 11.02 DEFERRED COMPENSATION MATCHING FUNDS
1. Effective July 1, 2004 the City shall 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 1% of the employee's salary. The City shall deposit
the matching funds on behalf of the employee into the City's
Deferred Compensation Plan established under section 401(a) of
the Internal Revenue Code on or around December 10th of each
year. The matching contribution shall be based on the
contributions made by the employee to the 457 plan for the
calendar year.
2. Effective July 1, 2006 the City shall 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 2% of the employee's salary. The City shall deposit
the matching funds on behalf of the employee into the City's
Deferred Compensation Plan established under section 401(a) of
the Internal Revenue Code on or around December loth of each
year. The matching contribution shall be based on the
contributions made by the employee to the 457 plan for the
calendar year.
3. Effective July 1, 2007 the City shall 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 salary. The City shall deposit
the matching funds on behalf of the employee into the City's
Deferred Compensation Plan established under section 401(a) of
the Internal Revenue Code on or around December 10th of each
year. The matching contribution shall be based on the
contributions made by the employee to the 457 plan for the
calendar year.
ARTICLE 12 - RETIREMENT - PERS
Section 12.01 THREE PERCENT AT FIFTY FIVE
1. 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 21362 of the California Government
27
o.
Code. In addition, each such employee shall be entitle 'C 7the
Level 3 Survivors' Benefits and entitled to elect to receive
credit for prior military service in accordance with Section
21024 of the California Government Code.
Section 12.02 SURVIVORS BENEFIT
1. Effective upon adoption of this agreement by the City of E1
Segundo City Council, City management shall proceed as soon as
practicable to modify its PERS contract to provide level four
survivors benefit for unit members.
Section 12.03
RETIREMENT FORMULA
1. Employees shall have their retirement calculated on single
highest year in accordance with Section 20042 of the California
Government Code.
Section 12.04 PERS PAYMENT PICK -UP
1. The employees shall pay their required nine percent (9 %)
contribution to PERS. The City shall pick -up this nine percent
(9 %) contribution. The contribution, so picked -up, shall be
treated as an employer contribution for purposes of employee
federal and state income tax withholding.
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.
ARTICLE 13 - CONTINGENCY COMPENSATION
Section 13.01 GENERAL
1. 10% additional compensation over the last 4 years of the contract
contingent upon new business license revenues and new net sales
tax revenues (collectively "New Revenues ") . New revenues are
defined as business license revenues and sales tax revenues
generated from businesses entering and doing business in the City
for the first time after September 30, 2003 and does not include:
businesses doing business in the City as of September 30, 2003
that expand or transfer locations within the City or consolidate
their business from locations outside the City to within the
City; or new businesses that are formed after September 30, 2003
but are controlled or owned (majority interest) by businesses
located in the City as of September 30, 2003; or mergers and
acquisitions that in anyway involve businesses that were located
in the City as of September 30, 2003 even if the resulting entity
is an entity that was not located in the City as of September 30,
2003.
28
Section 13.02
FINANCIAL INCENTIVE LIMITATION
-1 oe r7 �
/j ss
J pv ` b
1. Additionally, financial incentives of any type whatsoever to any
business generating New Revenues and payments the City is
required to make to any entity based upon the providing of such
incentives shall be deducted from the New Revenues for purposes
of determining the amount of revenues eligible for the contingent
payments contemplated hereunder. The City agrees that any tax
sharing /reduction agreement it enters into will be undertaken in
good faith and will not be used as a pretext to avoid payment of
the contingency increase.
Section 13.03 SALES TAX
1. New sales tax revenue will be determined by confirming with the
City's sales tax consultant a list of new sales tax producers
generated after September 30, 2003 and evaluated at the end of
each fiscal year. For purposes of this Agreement "new sales tax
producers" shall mean the same thing as new businesses, as
described above. Any new sales tax counted toward the 10%
contingency will be net of any revenue or offsetting costs that
may be required by, or as a part of, a development or other tax
sharing agreement. The Association agrees that it will not
interfere with or otherwise impede the City's ability to enter
into a tax sharing/ reduction agreement or similar arrangement
with new businesses.
Section 13.04 ACCUMULATION
1. Contingency is cumulative and any eligible revenue generated
beginning in year one will be designated to the contingency over
the term of the contract.
Section 13.05
ONE PERCENT CALCULATION
1. Employees are eligible to receive contingency increases beginning
in the second year of this Agreement. The unit will receive a 1%
compensation increase for each $120,000 in increased new revenue
(as described above). Increases will be pro -rated as necessary.
The determination regarding funding for these increases will be
made following the receipt of revenue figures for the applicable
fiscal year.
Section 13.06 PAYMENT
1. Contingency is capped at 4.0% each year beginning with the
October 2004 payment date. Although contingency increases, if
any, will be effective on the first day of the first pay period
in October of each year (beginning October 2004 and ending after
any payment due is made for the October payment of 2008), the
actual payment may be delayed due to the need to determine
available funding (see above) and the processing of the
appropriate payroll documents.
29
XAY
Section 13.07 COMPENSATION
1. Members of this unit will receive contingency compensation in an
across the board salary increase in accordance with the "SALARY
SCHEDULE CALCULATION METHODOLOGY" section of the MOU.
ARTICLE 14 - UNIFORM AND SAFETY EQUIPMENT
Section 14.01 UNIFORM MAINTENANCE PROGRAM
1. 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. Additionally, each member of a represented classification shall
be provided with an annual uniform maintenance allowance of
$325, distributed quarterly on a prorated basis.
Section 14.02 CAL OSHA /FED OSHA UNIFORM REQUIREMENTS
1. 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.
Section 14.03 DEPARTMENT UNIFORM OFFICER
1. 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 15 - BEREAVEMENT LEAVE
Section 15.01 GENERAL
1. 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, child, mother, father, grandparents or
sibling.
30
001"
Section 15.02
USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 15.03 DOCUMENTATION
1. 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 16 - COMPUTER LOAN PROGRAM
Section 16.01 GENERAL
1. Contingent upon the City determining that sufficient funds exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. The City's
determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll
deductions over a three -year period. Outstanding loan balances
must be paid off at the time that an employee separates from
City service and the City shall be authorized to recover any
loan balance by making deductions from the employee's final
check.
2. City shall retain title, as security, to any equipment purchased
with funds from the above - described loans, until such time as
the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
3. "After- the - fact" financing is allowed only with prior approval
of the Director of Administrative Services or his /her designee.
Section 16.02 INITIAL LOAN
1. All participants to the loan program will be eligible for an
initial, interest free loan in the amount of $4,000 (four
thousand dollars). An employee with an outstanding balance on a
prior computer loan as of July 1, 1997, will have that amount
currently due from the previous loan subtracted from the amount
the employee can borrow interest free under this program.
Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 3 %. All
loans would include a 36 -month repayment term.
Section 16.03
ELIGIBLE PURCHASES
1. Eligible purchases shall be expanded to include ergonomic -
related furniture and equipment and anti -viral software shall be
required as a prerequisite in granting requested loans.
31
4t' r-
3270.
ARTICLE 17 - JURY DUTY LEAVE
Section 17.01 JURY DUTY LEAVE
1. The City will not provide jury duty leave pay to employees. If
the State or Federal Court jury commissioners change, amend,
alter or otherwise rescind the policy of granting exemptions from
jury service to persons who do not receive jury duty pay from
their employer, so as to require jury service despite the absence
of jury duty pay from such employer, then the City's practice of
paying the City's full salary, if jury pay is returned to the
City, shall be reinstated effective immediately upon the first
implementation of such changed exemption policy for all
classifications represented by the Union.
2. In the event an employee is called to jury duty, and wishes to
serve accrued vacation leave time or a leave of absence without
pay, his /her request shall be granted subject to scheduling
requirements by the City.
3. In the event that the City's practice of paying the City's full
salary if jury pay is returned to the City is reinstituted
pursuant to the aforementioned provisions, the provision for
unpaid jury duty leave shall be considered null and void.
ARTICLE 18 - SAFETY COMMITTEE
Section 18.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall 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.
Section 18.02 PURPOSE
1. Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations.
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.
S. Issue department safety bulletins at the direction and approval
of the Fire Chief.
32
^�0
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 18.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 19 - TRAINING REIMBURSEMENT
Section 19.01 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.
c. L.A. County Accreditation Fee.
Section 19.02
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 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.
_ 33
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.
Section 20.01
ARTICLE 20 - EDUCATIONAL REIMBURSEMENT
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 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 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 $1,500.
Section 20.02 REIMBURSEMENT FOR TUITION AND BOOKS
1. 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 Administrative Services.
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 20.03
CITY 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 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 20.04 CITY REIMBURSEMENT SCHEDULE
1. 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%
ARTICLE 21 - TEMPORARY APPOINTMENTS
Section 21.01 GENERAL
1. 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 21.02
METHOD FOR FILLING VACANCIES
1. 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 21.03 GUIDELINES
1. 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.
b. 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.
Section 21.04
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 over
burden of staffing replacement hours.
c. The provisional appointment will not cause an over burden of
staffing replacement hours.
d. The provisional appointment does not fall 45 days prior to a
promotional examination in the same classification as the
provisional appointment.
36
3270.
e. The provisional appointment can be reasonably justified as an
operational necessity.
Section 21.05 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 21.06 INTENT OF POLICY
1. 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 22 - MAINTENANCE AND REPAIRS
Section 22.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
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 (small jobs
handled with 1" brush and quart can) . 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 22.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
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 Chief's Office, Fire Prevention
37
3270.. .
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 23 - MATERNITY LEAVE
Section 23.01 EQUAL BENEFITS
1. 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 23.02 WORKING AND REPORTING
1. 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 23.03 LIGHT DUTY
1. 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.
Section 23.04 LEAVE
1. 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
38
3?70.
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 23.05 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 23.06 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.
Section 23.07
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 ( "FMLA ") 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.
ON
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 23.08 RIGHTS
1. 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 24 - POLICY AND PROCEDURE AGREEMENTS
Section 24.01
DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated July 15, 2003.
Section 24.02 ANNUAL FITNESS FOR DUTY PROCEDURES
1. The parties have agreed upon an annual fitness for duty policy
and associated forms as indicated by initialing and dating the
forms and policy on June 9, 2003.
Section 24.03
INJURY ON DUTY PROCEDURES
1. The parties have agreed upon a injury on duty procedures dated
June 18, 2003
Section 24.04 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.
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.
40
AP
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 24.05 REHIRE POLICIES
1. During this negotiation process fire department officials and
Association representatives met and agreed to the Rehire /Staffing
Policy and Procedures. That agreement is reflected in a revised
Rehire /Staffing Policy and Procedures dated December 19, 2003.
Section 24.06
RANK FOR RANK POLICY
1. 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 24.07
1. The City
Substance
Union.
Section 24.08
DRUG -FREE WORKPLACE POLICY
of El Segundo Drug -Free Workplace Statement and
Abuse Policy (dated July 25, 1994) is accepted by the
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.
2. Grounds for Layoff
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:
41
3270.
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 -Will Employees
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.
5. Benefit Payoff
a. 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.
6. Procedures for Layoff
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.
7. Procedures for Reduction or Displacement
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
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.
42
8. Bumping Rights
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.
9. Breaking Ties
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. Salary 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.Reemployment 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
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
43
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.
13. Rights of Reemployment
a. 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.
14. Appeal
a. If the above procedures, except for Section B - Grounds for
Layoff and Section D - At -Will Employees, 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 24.09 GRIEVANCE PROCEDURE
1. Purpose
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.
2. Definition
a. A "Grievance" shall be defined as a controversy between the
City and the Union or an employee or employees covered by
this agreement. Such controversy must pertain to any of the
following:
44
3270.
Any matter involving the application of any provision
of this agreement; or
2. Any matter involving the violation(s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
policies and /or laws affecting the employees covered
by this agreement; or
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
Administrative Services within five (5) calendar days after
termination of Step 2. A meeting with the employee, Union
representative and the Director of Administrative Services
will be arranged at a mutually agreeable location and time
to review and discuss the grievance. Such meeting will take
place within ten (10) calendar days from the date the
grievance is received by the Director of Administrative
Services. The Director of Administrative Services may
invite other members of management to be present at such
meeting. The Director of Administrative Services will give
a written reply by the end of the seventh (7th) calendar day
following the date of the meeting. The findings of the
Director of Administrative Services shall be final.
4. Discipline
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 City's
Disciplinary Appeal Procedure (Resolution 586).
5. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
1. Step 1 - An employee's grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
violated within fifteen (15) calendar days after the
employee could have been reasonably expected to have
had knowledge of the circumstance(s) giving rise to
the grievance. The supervisor or management
representative shall reply in writing to the employee
by the end of the fifteenth (15th) calendar day
following the presentation of the grievance and
giving of such answer will terminate Step 1.
45
3270.
2. Step 2 - If the grievance is not settled in Step 1,
the grievance will be presented to the Fire Chief
within ten (10) calendar days after termination of
Step 1. A meeting with the employee, Union
representative and Fire Chief will be arranged at a
mutually agreeable location and time to review and
discuss the grievance.
Such meeting will take place within ten (10) calendar
days from the date the grievance is received by the
Fire Chief. The Fire Chief may invite other members
of management to be present at such meeting. The
Fire Chief will give a written reply by the end of
the seventh (7th) calendar day following the date of
the meeting, and the giving of such reply will
terminate Step 2.
3. Step 3 - If the grievance is not settled in Step 2,
the grievance will be presented to the City Manager
within five (5) calendar days after termination of
Step 2. The Grievant(s) or Union Representative and
the City Manager shall, within seven (7) calendar
days after receipt of a grievance initiated at this
Step, arrange a meeting to be held at a mutually
agreeable location and time to review and discuss the
grievance. Such meeting will take place within ten
(10) calendar days from the date the grievance is
referred to Step 3. The City Manager will give a
written reply by the end of the seventh (7th)
calendar day following the date of the meeting, and
the giving of such reply will terminate Step 3. The
findings of the City Manager shall be final and
binding except as provided in Step 4 below.
4. 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 Administrative Services within two (2)
working days, request submission of the issue to the
Los Angeles County Civil Service Commission, stating
specifically the paragraphs of the Ordinance,
Resolution, Rules or Memorandum of Understanding
which the Grievant(s) alleges are being violated.
The Director of Administrative Services 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 Administrative
Services, 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
46
1 0
three - thousand
grievance is
participation,
7. witnesses
dollars ($3,000). In
processed without the
the individual(s) shall
3270.
such a case where a
Union's approval or
incur the same cost.
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 24.10 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.
Section 24.11 NO SMOKING POLICY
1. Effective July 1, 1987, 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.
Section 24.12 MEDICAL EXAMINATION POLICY
1. Firefighters shall be annually examined by a local medical
doctor selected by the City, except Fire Fighters under thirty -
five years of age, who shall be examined every two years.
Section 24.13 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
47
3270.
Section 24.14 ELECTION DAY VOTING POLICY
1. 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.
ARTICLE 25 - UNION BUSINESS
Section 25.01 BULLETIN BOARDS
1. 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 25.02 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.
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 25.03 CONDUCT OF UNION /ASSOCIATION BUSINESS
Effective July 1, 2000, each fiscal year representatives
designated by the Union shall 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
48
Ar
3270
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.
ARTICLE 26 - HOLIDAYS
Section 26.01 ACCUMULATION
1. 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
terminate employment shall be paid holiday pay on a pro rata
basis.
Section 26.02 ANNUAL PAYMENT
1. The City shall have the option to issue eligible employees one
check annually inclusive for sick leave pay, and holiday pay in
November, but not later than on or about December 10.
Section 26.03 PERS PICK -UP
1. The City will pay 100% of the members' PERS contribution on
Holiday pay.
ARTICLE 27 - MISCELLANEOUS
Section 27.01 PROMOTIONAL EXAMINATION REQUIREMENTS
1. Effective July 1, 2003
a. Candidates for Fire Captain promotional examinations shall
be required to have 4 years firefighting experience and
possess an AA or AS Degree, which includes a curriculum in
Fire Science or 10 years of firefighting experience with
the E1 Segundo Fire Department. If the promotional testing
is declared to be open- competitive the requirements for
outside candidates shall be equivalent to the educational
requirement and /or equivalent to the time in rank in a full
time professional fire department.
2. Effective July 1, 2006
a. Candidates for Battalion Chief promotional (or closed
promotional) examinations shall be required to have eight
(8) years experience in the fire service including 4 years
as a captain, possess a Bachelors Degree or 10 years of
service as a Fire Captain with the E1 Segundo Fire
Department. If the promotional testing is declared to be
open- competitive the requirements for outside candidates
shall be equivalent to the educational requirement and /or
equivalent to the time in rank in a full time professional
fire department.
49
X270.
Section 27.02 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.
Section 27.03 CLASS "A" DRIVER'S LICENSE
1. If the City decides to purchase equipment that requires
possession of a class "A" license to operate the equipment, the
minimum qualifications for the Engineer classification will be
modified to include the required license. Engineers will be
required to obtain the Class "A" license within six months of
delivery of the equipment.
2. The City will provide unit members reasonable notice of the
decision to purchase this equipment(i.e., upon Council approval
to purchase the equipment).
3. All employees, whether in the rank of engineer or not, who
possess a Class "A" Driver's License will be paid a $50 /month
stipend (inclusive of PERS retirement). This stipend will
commence with the purchase of the equipment and submission by
the employee of proof of the license.
4. The City will provide the training and the means (i.e.,
equipment) to obtain the Class "A" Driver's License. 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 and otherwise qualified employees shall
remain eligible for the stipend until such time as the City again
provides the said training and means.
Section 27.04 SHARING OF MEDICAL INSURANCE COSTS
Medical Insurance - In recognition of the anticipated increased
cost of City paid insurance premiums, particularly those
beginning in the 2007 and 2008 calendar years, the compensation
increases in this package will reflect a charge of .84 %.
Accordingly, the guaranteed compensation increases in the fourth
and fifth years of the Agreement will be reduced by .42% each
year (i.e., July 2006, July 2007).
f
50
Section 27.05 REOPEN ON HEALTH CARE PROVIDER
327
1. During the term of this agreement, either party may reopen the
contract in order to consider alternatives to the PERS medical
plan. The City agrees that it will only propose plans that
provide for a cost - effective, comprehensive medical package for
employees and their families (i.e., provides comparable benefits
to current plan including portability). There will be no change
in insurance plans prior to the January 2006 plan year without
agreement of the parties.
Section 27.06 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 the MOU.
ARTICLE 28 - SCHEDULE
Section 28.01 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 29 - TERM
Section 29.01 TERM
1. The term of this MOU shall be July 1, 2003 through June 30, 2008
except as set forth in Article 13.
2. 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.
51
It
APPENDIX
R.N A
B
The parties have signed a Statement of Intent regarding Minimum
Staffing (Signed & dated June 3, 2004 by the City and June 18, 2004 by
the Union). This Statement of Intent is not regarded as a part of
this MOU and any alleged violation of the Statement of Intent will not
be subject to the grievance procedure.
_.
53
ARTICLE 30 -,RETROACTIVITY r,)
Section 30.01 RETROACTIVITY
1. All compensation and benefit allocations in year one to be
provided retroactive to July 1, 2003.
ARTICLE 31 - SIGNATURES
Section 31.01 SIGNATURES
1. This Memorandum of Understanding, July 1, 2003 to June 30, 2008
consisting of fifty two (52) initialed pages, including the
index and signature pages, is made and entered into between the
Union and the City as amended January 1, 2004:
For the Union:
Kevin Rehm, Pre ident
Breck Slover, 1st Vice President
I C5-n. A-�
Jo n Bibee, 2n Vice President
For the City:
Bruce Barsook, Chief Negotiator
Bret Plumlee, Director of
Administrative Services
Bob Hyland, Human R o rces
Manager
W
Jo filbert, Administrative
Bates pion Chief
52
Fire Department Staffing Statement of Intent Between the City of El Segundo and
the El Segundo Firefighters' Association IAFF Local 3682
Page 1 of 2
During the term of this Agreement, The City will make a diligent effort to maintain
minimum staffing in the Fire Department. During the annual budget review process if
the city determines that its financial resources are inadequate to maintain minimum
staffing, the City shall notify the Fire Association in writing on or around June 15th
Upon written request, the City shall meet with the Association regarding the reasons for
the cessation of minimum staffing. If the parties meet regarding the staffing, such
meetings will commence promptly following the Association's request to meet. Upon
completion of the meeting process, the City retains the right to make changes to
(minimum) staffing.
Among the topics to be addressed during these meetings will be 1) the financial resources
of the City; 2) the potential allocation of personnel; and 3) the impact on the working
conditions of the employees, particularly the safety of unit members.
The parties agree that they will share pertinent information regarding this subject during
the meeting process including documents available under the public records act. The
Administrative Services Department shall supply staff reports on the mid -year financial
status and revenue and appropriation assumptions to the Union on or around June 15th,
but in no case less than 45 days prior to the submission of the preliminary budget to the
City Council. The Union shall have 45 days to review the documents. During this time
the Union may present to staff alternative budget recommendations to solve a situation of
inadequate financial resources. If staff does not adopt the Union's alternative
recommendations, the Union may submit alternative recommendations to the ' City
Council simultaneously with staff recommendations. The Union shall forfeit its ability to
present alternative recommendations to staff and City Council if they are not submitted to
staff at least seven working days prior to staff's submission of the preliminary budget to
the City Council. By signing this agreement the Union does not forfeit any rights to
address the council as private citizens.
For purposes of this Statement of Intent, a guideline of "inadequate financial resources"
shall mean that in a;y fiscal year the projected total of the following
revenues /expenditures is 5% or more;
a. The projected percentage decrease in the City's General Fund revenues
realized in the immediately preceding fiscal year and
b. The projected percentage increase in only those General Fund
expenditures that are not directly controlled by the City over the same
expenditures incurred in the immediately preceding fiscal year.
Examples of General Fund expenditures that are beyond the City's control include health
and other insurance premiums, Worker's compensation costs, retirement costs, utility
costs, debt services payments, litigation expenditures, Liability insurance charges to the
General Fund, infrastructure failures, and the City of Los Angeles Hyperion wastewater
charges.
3?70
Fire Department Staffing Statement of Intent Between the City of El Segundo and
the El Segundo Firefighters' Association IAFF Local 3682
Page 2 of 2
If the City does not utilize minimum staffing during a fiscal year the City will make a
diligent effort to reinstate minimum staffing for the next fiscal year if the financial
resources are no longer inadequate as described above.
For the purpose of this statement of intent "minimum staffing" shall refer to both the
staffing of the department at levels varying between 51 and 54 unit members, as well as
daily staffing of the department at 18 unit members (4 captains, 4 engineers, 5 firefighter
special assignment paramedics, and 5 firefighters).
As a result of inadequate financial resources there will be no minimum staffing for the
FY 2003 -2004. Accordingly, this statement memorializes the notice to the Association as
set forth above regarding the use of minimum staffing.
Signed:
FOR THE CITY
_- A�/yl,� po
Bret Plumlee, Director of
Administrative Services
Bob Hyland, Human Reso
President
Manager
J Gilbert, Administrative Battalion Chief
Date:
Signed:
FOR TH ASSOCIATION
1�
Kevin Rehm, President
Breck Slover, l' Vice
gj)-C�
J Bibee, 2 "d Vice
P s'dent
Date 6 v l8' oq
3270 • . ,
MODIFIED DUTY ASSIGNMENT
(FIRE DEPARTMENT)
Temporary Light Duty Procedure as part of Occupational Injury and Illness Policy:
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.
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.
In order to return to full duty, the employee must provide written documentation per City
practices authorizing the return to unrestricted duty.
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.
Signed:
FOR THE CITY
'kz�7 4'�Vvl�
ret Plumlee, Director of
Administrative Services
Bob Hyland, Human urces
Manager
Jon ilbert, Administrative
Battalion Chief
Signed:
FOR THE ASSOCIATION
Kevin Rehm, President
Breck Slover, 1St Vice President
g
n Bibee, 2 nd Vice President
('7 - ( ��- 01�
327® .
OCCUPATIONAL INJURY AND ILLNESS POLICY
(FIRE DEPARTMENT)
The purpose of this policy is to establish departmental policies and procedures dealing with
occupational injury and illness. The following will provide guidance to employees and
supervisors who may become injured/ill due to a job related activity or for those that must
supervise an employee with an occupational injury or illness.
I. EMPLOYEE'S RESPONSIBILITY
When an employee is injured or becomes ill due to job related activities, no matter
how slight, the following procedures shall apply:
A. An employee who sustains an on -duty injury or illness shall report the
circumstances to his/her supervisor or the on -duty Battalion Chief as soon as
possible. Except where impractical, notification shall be made no later than the end
of the employee's shift.
B. If the injury or illness is non - emergent, the employee shall notify his/her supervisor
or the on -duty Battalion Chief prior to seeking medical attention and receive
approval to receive treatment by a designated physician or medical facility.
1. If an employee has notified Human Resources, in writing, prior to the date
of the injury or illness that they eat the employee pre-designated
date of the injury
physician, that physician may
or illness.
2. Approval from the City's third party Workers' Compensation Claims
Administrator is mandatory in those cases where treatment
should administered
by other than a licensed physician. The pp procedure be
coordinated through Human Resources.
C. Employees requiring medical attention when off -duty for an incident that occurred
on duty, but not examined initially, shall immediately report the circumstances to
their supervisor or the on -duty Battalion Chief prior to seeking medical attention
and receive approval to receive treatment by a designated physician or medical
facility when practical.
1.' If an employee has notified Human Resources, in writing, prior to the date
of the injury or illness thatnta et treat the employee licensed
fromthe date of the injury
physician, that physician y
or illness.
2. Approval from the City's third party Workers' Compensation Claims
Administrator is mandatory in those cases where treatment is administered
by other than a licensed physician. The approval procedure should be
coordinated through Human Resources.
D. When receiving medical treatment for a work related injury or illness, the
employee shall comply with the physician's legal and reasonable instructions.
Failure to do so may result in appropriate legal recourse being taken.
E. When no medical treatment appears to be necessary at the time of the documented
injury, and the employee later finds that treatment is necessary, they shall notify
their supervisor or the on -duty Battalion Chief and obtain approval to being
examined at a designated medical facility if practical.
F. An employee shall notify Human Resources of the name, address and telephone
number of the attending physician and keep the Human Resources or their designee
apprised throughout the period of treatment.
G. During the recovery period the employee shall respond to telephonic contacts
within one hour, and if called to work, the employee shall report to work within 24
hours. An employee on approved vacation is not subject to these response
requirements. Employees shall notify the Department of the phone number where
they can be reached during normal business hours (0730 — 1730).
H. A shift employee who is unable to report to work due to a work related injury or
illness for more than two consecutive shifts shall be placed on a Monday through
Friday work schedule from 0800 to 1600 each day.
I. Prior to returning to work, the employee shall obtain a physician's release
authorizing the return to work and, as soon as possible, notify their Battalion Chief
or their designee of the contents of the medical release. The release shall be
submitted to the employee's Battalion Chief and to Human Resources prior to the
employee's first shift upon return to work. Approval for return to work shall be
contingent upon review of the medical release.
II. SUPERVISOR'S RESPONSIBILITY
A. In all cases of emergencies involving serious injury or illness, supervisors shall
have the employee treated by the nearest physician or medical facility or the
employee's physician at the employee's option. In cases where a Paramedic has
been called however, the employee will be transported to a medical
facility /physician in accordance with Paramedic Protocols.
B. In cases of emergency, whenever possible, a supervisor shall accompany the
employee to the medical facility. The supervisor shall ascertain the extent of the
injury or incapacitation, as well as the attending physician's opinion regarding the
employee's ability to return to work full status or a modified light duty assignment.
C. The supervisor shall, with all due diligence and priority, conduct a thorough
investigation into the facts surrounding the employee's injury. Statements from
witnesses, photographs, video, site and equipment inspection, employee
3? %0.
statements, and any supporting documents should all be considered as part of a
complete investigation.
D. When the injury or illness is non - emergent but requires medical treatment, the
supervisor shall provide the employee with the name of the City's designated
medical facility.
1. If an employee has notified Human Resources, in writing, prior to the date
of the injury or illness that they have a pre - designated licensed personal
physician, that physician may treat the employee from the date of the injury
or illness.
E. In all cases of reported on -duty injuries or illnesses, supervisors shall provide the
injured cr il! employee with an Employee's Claim for Worker's Compensation
Benefits fonn (DWC Form 1) within 24 hours.
F. When an employee refuses medical treatment following an industrial injury or
refuses treatment by a physician authorized by the City, a notation of this fact
shall be made in the supervisor's accident investigation.
III. BATTALION CHIEF'S RESPONSIBILITY
A. In any fatal or serious injury case, the employee's Battalion Chief or their designee
shall be responsible for immediately reporting all relevant information concerning
the occurrence to the Fire Chief and Human Resources.
B. The Battalion Chief or their designee, as soon as it is medically permissible, shall
personally contact the employee to determine their condition and if any assistance
might be rendered.
C. The Battalion Chief or their designee shall cause the injured or ill employee to be
notified telephonically and confirmed by letter that the employee shall be
personally available to respond to any official telephonic and/or direction to report
to work by the Department. Permission to be excused from the requirement to
remain available may be given by the Battalion Chief or their designee.
D. The Battalion Chief or their designee shall make regular contact with personnel off
work due to a work related injury or illness. In all cases where an employee is
absent from work for five (5) days or more (or more than two (2) shifts for 24 hour
shift employees), the Battalion Chief or their designee shall contact the effected
employee and determine the status of their injury or illness and document the
anticipated recovery time. The contacts may be made telephonically or, when
appropriate, in person. The Battalion Chief or their designee shall also have the
responsibility of establishing and maintaining liaison between the concerned
employee and Human Resources. It will be the goal of this liaison to expedite the
return to work of injured or ill personnel upon recovery.
327® .
E. When an employee is off -duty recovering from an off -duty injury or illness, the
Battalion Chief or their designee should make regular contact with the employee
throughout the recovery process. If available benefits are in question, the issue
shall be coordinated with Human Resources.
IV. INJURED ON -DUTY - CERTIFICATION
In order for an employee to be posted in the payroll book as being off -duty due to an
IOD, the employee must have been:
A. Injured on -duty or contracted an illness determined to be work related and be
unable to work, sent to the appropriate doctor, and relieved of further duty for a
period of time specified by the examining doctor, or;
B. The supervisor of the injured on -duty employee must complete appropriate procedures
and reports, and had any additional time certified as having been due to the prior incident.
Note: Until such certification is made, employees shall be posted as being off sick and
upon such certification shall have their sick time restored.
C. The employee's supervisor shall post the employee's time in the payroll book in
accordance with the approved monthly assignment schedule in such a manner
that:
• Approved days off remain intact, and;
• Any work related sick leave or IOD notations appear during periods when
the employee would have been scheduled to work. A
• For purposes of payroll and schedule notations, a work related illness will
be listed as IOD. Non -work related illness or injury will be posted as
sick.
Signed:
FOR THE CITY
Bret Plumlee, Director of
Administrative Services
�::2�
Bob Hyland, Human Resources
Manager
'V,A A A�&_ -
J filbert, Administrative
Battalion Chief
Signed:
FOR T E ASSOC TION
Kevin Rehm, President
, b_ _� lko�
reck Slover, ls` Vice President
J Bibee, 2nd Vice President