CONTRACT 3928A - PERM Amendment CLOSEDSIDE LETTER AGREEMENT TO THE
JULY 1, 2008 —SEPTEMBER 30, 2011
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF EL SEGUNDO AND THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION,
I.A.F.F., LOCAL 3682
EFFECTIVE UPON CITY COUNCIL APPROVAL
This side letter memorializes an agreement reached between the City of El
Segundo ( "City ") and the El Segundo Firefighters' Association, I.A.F.F. Local 3682
( "ESFA "), to reflect agreed upon amendments to the July 1, 2008 — September 30, 2011
Comprehensive Memorandum of Understanding ( "MOU ") entered into between the City
and ESFA. All other terms and conditions of the existing MOU shall remain in full force
and effect. The changes in terms set forth in this side letter shall sunset at 11:59 p.m. on
September 30, 2011. Unless replaced by a successor MOU or imposed terms and
conditions, the terms of the MOU prior to the side letter shall be effective and shall
remain in effect until replaced by a successor MOU or imposed terms and conditions.
The changes are as follows:
Section 8.06 shall be replaced with the following:
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 at the "regular rate of pay" for one -half
the Sick Leave accumulated and not used during the preceding twelve -month
period. Payment shall be made on or before December 10. In December 2010,
employees otherwise eligible for cash out under this section will forego the cash
out and receive limited use time -off equal to the number of hours eligible.
Limited use time off is time off that can be taken only when no overtime backfill
is required or upon separation from City employment. Limited use time may not
be cashed out, although any unused limited use time in one calendar year may be
carried over to the next calendar year.
Section 9.02 shall be replaced with the following:
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.
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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.
Effective November 15, 2010, employees as part of their individual concession
may choose to reduce their accrued leave banks permanently up to one hundred
four (104) hours.
Section 9.04 shall be replaced with the following:
Section 9.04 Vacation Buyback
1. Each affected employee shall be provided the option of converting
one hundred percent (100 %) of annual accrued vacation leave to cash, at the
regular rate of pay existing at the time of distribution, during one (1) calendar
year pay period as selected at the discretion of the employee. For the remainder
of the term of this MOU, no vacation buy back will be allowed.
Section 11.02 shall be replaced with the following:
Section 11.02 Deferred Compensation Matching Funds
1. 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 regular
rate of pay. 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 before December 10`h of each year. The
matching contribution shall be based on the contributions made by the employee
to the 457 plan for the calendar year. No matching contributions shall be paid by
the City for the calendar year 2010.
Section 24.01 shall be replaced with the following:
Section 24.01 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. For calendar year 2010, employees may choose
to forego up to all of their holiday pay and shall receive limited use time off (as
defined in Section 8.06 above) on an hour - for -hour basis with the number of
holiday hours forgone. Any employee who chooses to forgo any or all holiday
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pay for calendar year 2010 shall not have those forgone hours reinstated at the end
of the term of the MOU.
Article 30 is added to the MOU as follows:
ARTICLE 30 FURLOUGHS
Section 30.01 Unpaid Furloughs
During the remainder of the term of this MOU, each unit employee may
elect to take up to 288 (two hundred eighty - eight) unpaid furlough hours. These
unpaid furlough hours shall be scheduled by each employee in conjunction with
his or her immediate supervisor and shall be approved by the Battalion Chief.
The employee and the supervisor shall work with each other to schedule furlough
hours that, to the extent possible, take into account the service needs of the city
and the employee's wishes.
During any furlough period the employee shall not receive his or her base pay, but
shall receive all special pay's and other forms of compensation, as well as
maintain all insurance benefits. Furlough days shall be regarded as time worked
for purposes of eligibility for overtime and FLSA payments.
Furlough days taken by the employee shall not directly result in any overtime.
This includes must offer, availability, and force hires. In lieu of receiving
overtime payment, the Employee will receive limited use time off at a rate of one
and one half (1.5) hours for every hour worked.
Article 31 is added to the MOU as follows:
Article 31 Limited Layoffs
Section 31.01 No layoffs Before September 30, 2011
The City agrees to rescind the seven (7) layoff notices that were issued to
the ESFA employees on November 3, 2010. Also the City agrees to
guarantee that no layoffs of unit members will occur during the remainder
of fiscal year 2010/2011 unless at any time during the remainder of the
fiscal year general fund revenues fall ten percent (10 %) below the adopted
budgets as to any quarter in the fiscal year.
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Article 32 is added to the MOU as follows:
ARTICLE 32 MONITORING OF COST SAVINGS
Section 32.01 Individual choice on concessions, City monitoring of cost savings on
Furlough days
Each unit employee shall forgo 401(A) matching contributions in
December 2010 under section 11.02, Vacation buyback for the remainder
of the term of the MOU under section 9.04, and annual payment for hours
over maximum under section 8.06. Concessions under section 24.01
(holiday pay), Section 30.01 (furloughs) and 9.02 (accrued vacation) are
optional to individual employees. Employees must inform the finance
department of the options selected, in writing, on or before November 18,
2010. Once made, the choice is irrevocable.
2. The City shall monitor the number of furlough hours taken during the
remainder of the MOU. If the City determines that it is unlikely that the
number of furlough hours will meet the agreed upon amount for each
employee before the September 30, 2011 deadline, employees shall
authorize the City to reduce the employee's check by the amount needed
to cover the unpaid furlough hours.
3. If any ESFA member does not select their individual concession, the City
has the right to make the individuals concession based off mandatory
401(A) money, accrued vacation hours, holiday pay, or furloughs.
El Segundo Firefighters' Association,
I.A.F.F, Local 3682
Chris T -o- fiason. President ESFA
Date: // --16 — /C
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