CC RESOLUTION 4954RESOLUTION NO. 4954
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND
THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does resolve as follows:
Section 1: Discussions which have taken place in the meet and confer process have
resulted in a mutually agreeable Memorandum of Understanding between the
City of El Segundo and this Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding (entitled "agreement ") between the City of El Segundo and
this Bargaining Unit on November 28, 2015. A copy of that agreement is
attached as Exhibit "A" and is incorporated by reference.
Section 3: The City Clerk is directed to certify the adoption of this Resolution; record this
Resolution in the book of the City's original resolutions, and make a minute of
this adoption of the Resolution in the City Council's records and the minutes of
this meeting.
Section 4: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this ls` day of December, 2015.
6 fir°
91
'
rizati Fuentes, Mayor
ATTEST:
Tracy y Weever, City Clerk'
APPROVED AS TO FORM:
Mark D. Hensley, t�Ptorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No.4954 was duly passed and adopted by said City Council, approved and signed
by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held
on the 1St day of December, 2015, and the same was so passed and adopted by the following
vote:
AYES: Mayor Fuentes, Mayor Pro Tem Jacobson, Council Member Atkinson,
Council Member Fellhauer, Council Member Dugan
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 28th day of December,
2015.
i AW40
cy Weaver, City Clerk
of the City of El Segundo,
California
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
Cil"'T OF EL SEX"I"UNDO
AND
Fjtj SEGUNDO RREFIGHTERS9
ASSOCIATION, I.A.F.F.9 LOCAL 3682
OCTOBER 19 2014 30,
.2017
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
Section
1.02
Recognition
Page
Section
1.03
Management Rights
Page
Section
1.04
Savings Clause
Page
Section
1.05
No Strike Clause
Page
Section
1.06
Maintenance of Existing Benefits
Page
Section
1.07
Non-Discrimination Clause
Page
Section
1.08
Notice to Meet and Confer
Page
ARTICLE 2
SALARIES
Section
2.01
Salaries
Page
Section
2.02
Schedule of Classes by Series
Page
Section
2.03
Salary Schedule Calculation Methodology
Page
Section
2.04
Regular Rate of Pay
Page
Section
2.05
Base Salary Schedule - Step Advancement
Page
Section
2.06
Firefighter Compensation/Probationary
Period
Page
Section
2.07
Change in Anniversary Date & Range Number
Page
Section
2.08
Salary Placement on Promotion
Page
Section
2.09
Flexible Spending Account
Page
ARTICLE 3
Incentive Compensation
Section
3.01
Paramedic Special Assignment Pay
Page
Section
3.02
Paramedic License Incentive
Page
Section
3.03
Fire Staff Premium Pay
Page
Section
3.04
Hazardous Material Incentive Pay
Page
Section
3.05
Light-Duty Pay
Page
Section
3.06
Fire Investigator Premium Pay
Page
Section
3.07
Tiller Premium Pay
Page
Section
3.08
Driver's License Premium Pay
Page
Section
3.09
Requesting Incentive Compensation
Page
ARTICLE 4
EDUCATIONAL PROGRAM
Section
4.01
Incentive Pay
Page
Section
4.02
Eligibility
Page
Section
4.03
Continuous Training
Page
2
2
2
3
3
I
i
6
7
7
8
8
8
8
9
9
10
10
11
ARTICLE
5
LONGEVITY ACHIEVEMENT PAY
Section
5.01
Tenure and Compensation Schedule
Page
11
Section
5.02
Eligibility
Page
11
ARTICLE
6
INSURANCE ACTIVE EMPLOYEES
Section
6.01
Basic Health and Medical Insurance
Page
11
Section
6.02
Optical Insurance Provider
Page
12
Section
6.03
Health Insurance Formula
Page
12
Section
6.04
Dental, Optical and Life Insurance
Page
12
Section
6.05
Long-Term Disability Insurance
Page
12
Section
6.06
Catastrophic Leave Program
Page
13
Section
6.07
Long-Term Care Group Insurance
Page
14
Section
6.08
Medical Insurance Continuation
Page
14
ARTICLE
7
INSURANCE RETIRED EMPLOYEES
Section
7.01
City Sponsored Medical Insurance Plans
Page
14
Section
7.02
Other Medical Insurance Plans
Page
14
Section
7.03
Eligibility Retiree Medical Insurance
Page
15
ARTICLE
8
SICK LEAVE
Section
8.01
Sick Leave Accrual
Page
15
Section
8.02
Sick Leave Usage for Family Care
Page
15
Section
8.03
Sick Leave Payment upon Separation
Page
15
Section
8.04
Sick Leave Pay upon Disability Retirement
Page
16
Section
8.05
Sick Leave Pay upon Death
Page
16
Section
8.06
Annual Payment for Hours Over Maximum
Page
16
ARTICLE
9
VACATION
Section
9.01
Accrual - 40-Hour Work Week
Page
16
Section
9.02
Accrual - 24-Hour Shift
Page
17
Section
9.03
Vacation Eligibility
Page
17
Section
9.04
Vacation Buy Back
Page
17
Section
9.05
Vacation Accrual on IOD
Page
18
Section
9.06
Promotion and Transfer Eligibility
Page
18
Section
9.07
Payout on Termination
Page
18
Section
9.08
Emergency Use
Page
18
ARTICLE 10
OVERTIME
Section
10.01
General
Page
18
Section
10.02
Overtime under ELSA
Page
19
Section
10.03
Recall/Forced Hire Compensation
Page
19
ARTICLE
11
DEFERRED COMPENSATION PROGRAM
Section
11.01
Eligibility / Program Administrator
Page
19
Section
11.02
Deferred Compensation Matching Funds
Page
20
ARTICLE
12
RETIREMENT - PERS
Section
12.01
PERS Retirement Plan
Page
20
Section
12.02
Optional Benefits
Page
20
Section
12.03
PERS Payment Pick-UP
Page
21
ARTICLE
13
UNIFORM AND SAFETY EQUIPMENT
Section
13.01
Uniform Maintenance Program
Page
21
Section
13.02
Cal OSHA/ Fed OSHA Uniform Requirements
Page
21
Section
13.03
Department Uniform Officer
Page
22
ARTICLE
14
BEREAVMENT LEAVE
Section
14.01
General
Page
22
Section
14.02
Use of Other Leaves
Page
22
Section
14.03
Documentation
Page
22
ARTICLE
15
COMPUTER LOAN PROGRAM
Section
15.01
General
Page
22
Section
15.02
Initial Loan
Page
23
Section
15.03
Eligible Purchases
Page
23
ARTICLE
16
SAFETY COMMITTEE
Section
16.01
Selecting Members
Page
23
Section
16.02
Purpose
Page
23
Section
16.03
Meetings
Page
24
ARTICLE
17
TRAINING REIMBURSEMENTS
Section
17.01
Paramedic Training Reimbursement
Page
24
Section
17.02
Department Instructor Training
Page
24
ARTICLE
18
EDUCATIONAL REIMBURSEMENTS
Section
18.01
Reimbursement for Courses
Page
25
Section
18.02
Reimbursement for Tuition and Books
Page
26
Section
18.03
City Reimbursement Agreement
Page
26
Section
18.04
City Reimbursement Schedule
Page
26
ARTICLE 19
TEMPORARY APPOINTMENTS
Section
19.01
General
Page
27
Section
19.02
Method for Filling Vacancies
Page
27
Section
19.03
Guidelines
Page
27
Section
19.04
Parameters for Conferring
Page
28
Section
19.05
Determination of Appointment
Page
28
Section
19.06
Intent of Policy
Page
28
ARTICLE 20
MAINTENANCE AND REPAIRS
Section
20.01
Limited Maintenance and Repair
Page
28
Section
20.02
Administrative Offices (Fire Station 41)
Page
29
ARTICLE 21
MATERNITY LEAVE
Section
21.01
Equal Benefits
Page
29
Section
21.02
Working and Reporting
Page
29
Section
21.03
Light Duty
Page
29
Section
21.04
Leave
Page
30
Section
21.05
Notice of Leave
Page
30
Section
21.06
Returning to Work
Page
31
Section
21.07
Comparable Position
Page
31
Section
21.08
Rights
Page
31
ARTICLE 22
POLICY AND PROCEDURE AGREEMENTS
Section
22.01
Disability Retirement Appeal Procedures
Page
31
Section
22.02
Injury on Duty Procedures
Page
32
Section
22.03
Modified Duty Procedures
Page
32
Section
22.04
Rehire Policies
Page
32
Section
22.05
Rank for Rank Policy
Page
32
Section
22.06
Drug-Free Workplace Policy
Page
33
Section
22.07
Layoff and Recall Policy
Page
33
Section
22.08
Grievance Procedure
Page
36
Section
22.09
Shift Trade Policy
Page
39
Section
22.10
No Smoking Policy
Page
39
Section
22.11
Medical Examination Policy
Page
40
Section
22.12
Military Leave Policy
Page
40
Section
22.13
Election Day Voting Policy
Page
40
Section
22.14
Jury Duty
Page
40
Section
22.15
Firefighters Procedural Bill of Rights
Page
41
ARTICLE 23
UNION BUSINESS
Section
23.01
Bulletin Boards
Page
41
Section
23.02
Union Meetings
Page
41
Section
23.03
Conduct of Union/Association Business
Page
41
Section
23.04
Agency Shop Clause
Page
42
ARTICLE
24
HOLIDAYS
Section
24.01
Accumulation
Section
24.02
Annual Payment
Section
24.03
PERS Pick-Up
ARTICLE
25
MISCELLANEOUS
Section
25.01
Promotional Examination Requirements
Section
25.02
Opportunity to Review Materials
Section
25.03
Training Public and Employees
ARTICLE
26
SCHEDULE
Section
26.01
Schedule - Suppression Employees
ARTICLE
27
TERM
Section
27.01
Term
ARTICLE
28
LIMITED LAYOFFS
Section
28.01
No Layoffs
ARTICLE
29
SIGNATURES
Section
29.01
Signatures
EXHIBIT
I
S22plemental Procedures for
:AMeals
By Firefighters of Punitive
Action Under
the Firefighters Procedural
Bill of Ri hts
EXHIBIT
II-A
Salary Schedule effective
11/28/15
EXHIBIT
II-B
Salary Schedule effective
10/1/16
EXHIBIT
III
Flat Rate Incentives effective 11/28/15
EXHIBIT
IV
FFA Longevity
Page 44
Page 44
Page 44
Page 44
Page 44
Page 45
OMMINIS
ARTICLE 1 - GENERAL PROVISIONS
Section 1.01 PREAMBLE
1. This Memorandum of Understanding is made and entered into between
the El Segundo Firefighters® Association, affiliated with the
International Association of Firefighters, hereinafter, referred
to as "Union", and the management representatives of the City of
El Segundo, hereinafter referred to as the "City", pursuant to
the California Government Code Section 3500 et seq.
Section 1.02 RECOGNITION
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
City to direct the work of its employees; hire, promote, demote,
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 CLAUSE
Section 1.06 MAINTENANCE OF EXISTING BENEFITS
a
2. Nothing herein prevents the City and Union from meeting and
consulting on the City ®s Personnel Rules and Regulations, which
are within the scope of representation. However, the mutual
agreement of both the City and Union are required to effect any
change.
Section 1.07 NON-DISCRIMINATION CLAUSE
Section 1.08 NOTICE TO MEET AND CONFER
ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1. Effective October 14, 2008!, 1' he past pracI!,J,ce of "compounding"
base salaries sha 11, terminate, w h (, i,- e 1) y bas, salaries were
previously supplemented and increased in amount " s determined by
the percent of incentives/special compensation pay,
19
2. Effective November 28, 2015, the base salary of each affected
employee shall be increased by two percent (20)
3. Effective October 1, 2016, the base salary of each affected
employee shall be increased by three percent (3%).
4. Attached to this Memorandum of Understanding as Exhibit II, and
incorporated herein by reference as though set forth in full, is
the actual computation of base salaries as reflected by the above
provisions of this Section 2.01.
Section 2.02 SCHEDULE OF CLASSES BY SERIES
1. The following respective range numbers are hereby allocated and
assigned to the following respective positions in the service of
the City, hereinafter set forth:
Firefighter
Fire Engineer
Fire Paramedic
Fire Captain
483
Steps A - F
497
Steps A - E
497
Steps A - E
510
Steps A - E
1. The methodology used in computing adjustments in monthly salary
shall be as follows:
Section 2.04 REGULAR RATE OF PAY
1. This MOU periodically refers to the "regular rate of pay." The
`regular rate of pay" is defined in 29 CFR § 778.108 et. seq.
The "definition" used in this MOU is for general reference and
M
does not overr.i.de the specific definitions set forth in the FLSA.
Therefore, as used in this MOU, the "regular rate of pay" is the
reinur.,i.eratiori paid to or on behalf of the employee except gifts,
travel expenses, other reimbursable expenses® payments no t
mandated by the MOU or other rules /regulations, retirement and.
insurance contributions by the City, onertime and holiday pay.
These are examples only and not intended to be an a].I-inclusive
definition of the NAregular rate of pay." Applicable
statutes/case law shall prevail over any MOU definitions
inconsistent with statues/case law. The parties acknowledge that
the City does not pay the employee's 9% PEPS rriernber contribution
and consequently employer paid member contribution of 9% does not
apply to this bargaining unit and is not to be calculated as part
of the regular rate of pay. Such acknowledgement shall riot cause
any reduction of pay as the result of this language.
Section 2.05 BASE SALARY SCHEDULE-STEP ADVANCEMENT
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
FirefighLer (483) for the first six (6) months from their date
of hire. They shall be on probation during the first twelve (12)
months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
Section 2.08 SALARY PLACEMENT ON PROMOTION
1. In all cases where an employee is promoted to a classification
for which a higher rate of compensation is provided, then such
employee so promoted shall enter into such higher classification
at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of
the base rate of the affected employee.
Section 2.09 FLEXIBLE SPENDING ACCOUNT
1. The City shall allow employees to participate in the Flexible
Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 3 — INCENTIVE COMPENSATION
Section 3.01 PARAMEDIC SPECIAL ASSIGNMENT PAY
1. Effective the pay period beginning November 28, 2015,
Paramedic Special Assignment Pay shall no longer be provided
to members of this bargaining unit. Rather, employees
I
currently performing special assignment paramedic duties
shall be reclassified to the newly created classification of
Fire Paramedic.
Section 3.02 PARAMEDIC LICENSE INCENTIVE
1. Effective October 14, 2008, permanent sworn employees with a
minimum of two years with the El Segundo Fire Department that
possess a California Paramedic License and have Accreditation by
the County of Los Angeles will be compensated at the monthly
amount set forth in Exhibit III.
a. If the opening occurs on a rescue ambulance, move the
special assignment paramedic from the assessment apparatus
to the rescue ambulance.
b. Move an on-duty qualified paramedic Engineer or Captain to
the assessment apparatus and hire back a Firefighter (the
on-duty Battalion Chief will decide based on operational
need as to which on-duty member would best be moved.)
c. If there is no on-duty qualified paramedic Engineer or
Captain, check availability for an off-duty qualified
paramedic Engineer or Captain who has signed up and attempt
to rehire (Engineers will be considered first then
Captains.)
A
4. The City shall continue to provide an EMS Educator.
Section 3.03 FIRE STAFF PREMIUM PAY
1. Effective October 14, 2008, uniformed personnel who are assigned
Fire Department work outside of the Suppression Division shall
receive fire staff premium pay equal to Fifteen percent (150)
above the employee ®s regular rate of pay to which they are
entitled.
Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL
INCENTIVE PAY
1. Effective the pay period beginning November 28, 2015, Hazardous
Materials Pay shall no longer be provided to members of this
bargaining unit.
Section 3.05 LIGHT-DUTY PAY
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.
Section 3.06 FIRE INVESTIGATOR PREMIUM PAY
Section 3.07 TILLER PREMIUM PAY
1. Employees classified as Firefighters and tiller certified by the
City shall receive a monthly stipend of $50.00.
I
Section 3.08 DRIVER'S LICENSE PREMIUM PAY
1. Effective the pay period beginning November 28, 2015, Driver's
License Premium Pay shall no longer be provided to members of
this bargaining unit.
Section 3.09 REQUESTING INCENTIVE COMPENSATION
1. Members eligible to receive incentive compensation shall make a
request in writing in order to receive such compensation (NOTE:
through an approved form through channels to the Fire Department--
Personnel Officer. They shall also provide copies of the
necessary proof of their eligibility to receive the incentive as
outlined below:
Incentive Compensation
Paramedic License Incentive:
Educational Program -- EMT-D
Educational Program -- Units
Educational. Program -- Certificate
Educational Program -- Degrees
Required Proof
Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
A current EMT-D certification
Official or unofficial transcript
listing required units.
Certificate, or official or
unofficial transcript listing
certificate earned.
Diploma, or official/unofficial
transcript listing degree earned
or showing that the requirements
have been met.
I
ARTICLE 4 - EDUCATIONAL PROGRAMS
Section 4.01 INCENTIVE PAY
Members of this bargaining unit hired on or before November 28,
201.5 will be eligibie for one additional. Ed.�.i.ca.tion Incentive if
the degree/units is conf erred/comple Led. by September, 30, 2017;
Master's degree excli.i.d.ed. The amount of compensation shall. be
as set forth in the applicable range in Exhibit III, attached.
and. incorporated into this MOU., The one additional. Incentive
will be held in abeyance until the required years of service are
met (if :not met prior to September 30, 2017) Members of this
bargaining unit who are conferred a. degree after September '30,
201.7 s h a 1.1 not be e I i g i b.l. e for the additional- Education
Incentive Pa.y.
a.. Fire Science Certificate or successful completion of twenty
units of college level courses in Fire Science and two
years of service with the El Segundo Fire Department -
pursuant to Schedule 1, Fire Units;
b. Associate of Arts Degree with at least twenty units in Fire
Science and 7.5 years of service with the El Segundo Fire
Department - pursuant to Schedule 1, AA Degree;
c. Bachelor ®s Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief and 10 years of service with the El
Segundo Fire Department - pursuant to Schedule 1, BA
Degree.
d. The above amounts shall not be cumulative.
2. Bargaining unit members hired after November 28, 2015, shall not
be eligible for the Education Incentive Pay.
Section 4.02 ELIGIBILITY
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Section 4.03 CONTINUOUS TRAINING
ARTICLE 5 - LONGEVITY ACHIEVEMENT PAY
Section 5.01 TENURE AND COMPENSATION SCHEDULE
1. Members of this bargaining unit hired on or before November 28,
2015 will be eligible for one additional Longevity Pay increase,
as set forth in F.,xhibit IV, attached and incorporated into this
mou. Once the next Longevity level has been reached, the
employee shall not be eligible for any future Longevity levels.
2. Bargaining Unit members hired on or after November 28, 2015,
shall not be eligible for the Longevity Pay.
Section 5.02 ELIGIBILITY
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.
M
Section 6.02 OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
Section 6.03 HEALTH INSURANCE FORMULA
1, For the duration of calendar year 2015, the maximum medical
contribution shall be $1334.91.
3. Employee Assistance Program -- The City shall provide a basic
level of service to employees at City cost. Basic level shall
consist of three (3) sessions per member/per incident /per year.
Employees may voluntarily enroll in the EAP/Outpatient tier at
their own cost; the 201.6 monthly rate is $9.52 and is subject to
change.
Section 6.04 DENTAL, OPTICAL AND LIFE INSURANCE
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.
2, . An employee who has qualified for
Long-Term Disability as a
result of an injury or illness shall
be required to implement a
50/50 integration benefit (50% of
the available LTD benefit
being funded by any and all accrued
leaves) under the LTD Plan
after their FMLA time expires. This
50/50 option will continue
until the employee returns to duty,
terminates employment, or
exhausts all accrued Leaves. During
use of the integration
benefit process, the City will continue the employee's medical
M
insurance and retirement payiT.ients as i..f the employee were not on.
Leave.
3. Emp]..oyees of the Fire f..igh ters Barga.J..ning Umi..t may partil-c-1-pat:e in
the C.i..ty's Catastroph.i.-c Leave Program. Members on Long Term
Disa.b.iLl.J.-ty Leave, upon exhausting all accrued leaves, wil.1. be
cons.d.d.ered. :Eor the u.se of t::.he City's Cat asp:--roph.J..c Lea.\Te Program.
Section 6.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. Purpose
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Section 6.07 LONG TERM CARE GROUP INSURANCE
1. Effective November 28, 2015, the City shall no longer pa.y on
behalf of each qualifying employee any premium.s for California
Association of Professional- Fire f igh.Lers Suppl-emental Long Term
Care Rider Composite Plan.
Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS
Section 7.02 OTHER MEDICAL INSURANCE PLANS
2, The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
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City contribution to medical insurance. The monthly limitation
for such employees sha.1.1. 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).
ARTICLE 8 - SICK LEAVE
Section 8.01 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, Fire 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.
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1. Affected employees are eligible to utilize a maximum of six (6)
days (three shifts) of sick leave per calendar year in order
that care may be provided to immediate family members suffering
from illness or injury.
Section 8.03 SICK LEAVE PAY UPON SEPARATION
City .L. Upon separatior� from servi,ce of an employe�.,-!, the C shall pay
for the (-,�mrdoyee's ua'liused sick leave accumulatio[-i 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 (10) years of service.
b. 90% after twenty (20) years of service.
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compensation "catch up" permitted by law for the calendar year
in which the cash out is received. In no event can an employee
cash--out a cumulative total greater than that permitted above.
3. Effective October 1, 2016, employee's sick leave pay for 8.03(l)
and 8.03(2) shall be paid at the base hourly rate set. forth on
the salary schedule.
Section 8.04 SICK LEAVE PAY UPON DISABILITY RETIREMENT
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 at the
"regular rate of pay". Effective October 1, 2016, employee ®s
sick leave shall be paid at the base hourly rate set forth on
the salary schedule.
Section 8.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
ARTICLE 9 - VACATION LEAVE
Section 9.01 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:
a. Twelve (12) working days per year with full salary for the
first seven years of continuous service with the City;
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Is. Eighteen (18) working days per year with full salary after
seven (7) years and until the completion of fourteen years
of continuous service;
c. Twenty--four (24) working days per year with full salary
after fourteen (14) years of continuous service.
Section 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
2. Vacation leaves may be taken only after an employee has
completed one yearFs continuous service with the City.
Section 9.04 VACATION BUY BACK
1. Each affected employee shall. be provided the option of
converting one hundred percent (100%) of annual accrued vacation
leave to cash, at the base hourly rate of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
Section 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).
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Section 9.06 PROMOTION AND TRANSFER ELIGIBILITY
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 9.08 EMERGENCY USE
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
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4. In determining an employee's eligibility for overtime
compensation in a work period, paid leaves of absences and unpaid
leaves of absences shall be excluded from the total hours worked.
Paid leaves of absences that are to be excluded from total hours
worked are the following:
a. Vacation Leave
b. Sick Leave
5. 56- HOUR SUPPRESSION
ASSIGNMENT- The work period for
all
employees assigned to a
56-hour suppression assignment (56
hr.
employees) shall be a
56-hour week, consisting of eight
(8),
twenty -four -hour shifts
within a 24--calendar day "FLSA cycle".
The employer shall pay premium pay of 1.5 times the regular
rate
of pay for all hours worked in excess of 182 hours within the
24-
calendar day cycle. Ten (10) hours of FLSA overtime pay is
considered "regularly
scheduled overtime," thus premium
pay
reportable to CalPERS as
normal hours worked.
Section 10.02 OVERTIME UNDER FLSA
1. Effective Julv 1, 2006
a. The City shall compensate personnel who temporarily work an 8-
hour day at their regular rate of pay based on a 56-hour per
week work schedule. The employee's hourly rate shall be
modified to a 40-hour per week rate if the Fire Chief reassigns
the employee to that shift for an extended term.
Section 10.03 FORCED HIRE COMPENSATION
1. Effective July 1, 2006
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.
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Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS
. ....... ... --
ARTICLE 12 - RETIREMENT - PERS
Section 12.01 PERS RETIREMENT PLAN
1. For all members, except those defined as "New Members" within
the meaning of the California Public Employees' Pension Reform
Act of 2013:
2. For "New Members" within the meaning of the California Public
Employees' Pension Reform Act of 2013:
a. The provisions of AB 340 (The California Public
Employees' Pension Reform Act of 2013) will be
applicable to new members hired into this bargaining
unit on or after January 1, 2013.
b. Retirement Formula: Per Government Code Section
7522.25(d), also known as 2.7% @ 57 retirement formula.
c. Final compensation will be based on the highest annual
average compensation earnable during the 36 consecutive
months immediately preceding the effective date of his
or her retirement, or some other 36 consecutive month
period designated by the member.
d. Effective January 1, 2013, employees shall pay one half
of the normal cost rate, as established by CalPERS.
Section 12.02 OPTIONAL BENEFITS
1. The City of El Segundo has modified its PERS contract to provide
the following Optional Benefits:
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Section 12.03 PERS PAYMENT PICK-UP
ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT
Section 13.01 UNIFORM MAINTENANCE PROGRAM
Section 13.02 CAL OSHA/FED OSHA UNIFORM REQUIREMENTS
L. In the event that Cal OSHA® Federal OSHA or an equivalent body
changes the uniform requirements for unit employees® the City
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shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
Section 13.03 DEPARTMENT UNIFORM OFFICER
1. The duties of the Department Uniform Officer may be assigned. in
the Firefighters' bargainin.g unit. The assigned. personnel will
manage the purchase, replacement and distribution of uniforms
and turnout gear.
ARTICLE 14 - BEREAVEMENT LEAVE
Section 14.01 GENERAL
1. A maxirnuiTi 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 of the employee or their spouse/significant other.
Section 14.02 USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 14.03 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 15 - COMPUTER LOAN PROGRAM
Section 15.01 GENERAL
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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 Finance or his/her designee.
Section 15.02 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, wil]. havr.,,� that amount
currently due from the previous loan sW:)l ' ract(,'=,d from t' ' he amount
the employee can borrow interest f reo under tliis 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 15.03 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.
ARTICLE 16 - SAFETY COMMITTEE
Section 16.01 SELECTING MEMBERS
Section 16.02 PURPOSE
1. Using a proactive risk management approach, make recornmendat ions
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.
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4. Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
5, Issue department safety bu-11-et:i-n.s at th.e direction and. approval.
of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. Ile
will take any final actions, ensuring compliance with local
policies or ordinances, and/or any state or federal regulations.
Section 16.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 17 - TRAINING REIMBURSEMENT
Section 17.01 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 - 500 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 17.02 DEPARTMENT INSTRUCTOR TRAINING
1. Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
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disciplines, shall commit to serve as a. department instructor
for a. minAmum of two (2) years. Any member who chooses not to
honor this commitment will be required to reimburse the City for
costs associated with the traind:r-ig according to the foll.ow.i_ng
s c h e d. u.1 e :
i-.i . Vol-untary separation. during the tra.Lr.i.J._ng program. .-- 100%
of
the City's expended. costs for the training. Reimbursement
..is not. requ.J..red if the City receives credit back. from.
the
training program.
b, Volunt.ary separation Ero:rr.i. department instructor dijring
the
first year following the training course (s) 100% of
the
City's expended costs for the t.r a i nd I _ng.
c , Voluntary separation f.rom department instructor during
the
second year following the train.J..ng course (s) 50% of
the
City's expended costs for the tra.J.-nd-n.g.
d. Voluntary separation during the third year, and thereafter,
following the training course(s) no reimbursem.ent.
e. Members who vo.lu:r.ita.rily separate from.
exe:r.T.i.pted from. this provision, unless
within the first six (6) months after
t r a. i n.J.. n g .
2.. To determine reiT.Yi.bursement costs, the Ci t
1J.-T.Yi.ited. to the fol.].-owing:
a.. Fees for the course (s) .
b. Travel, per diem and. lodging expense,
the City wJ-11 be
the member leaves
completion of the
y's cost will be
ARTICLE 18 - EDUCATIONAL REIMBURSEMENT
Section 18.01 REIMBURSEMENT FOR COURSES
1 . For unit employees hired after Ju.1y 5, 1975, the City wil.1 pay
the employee $375 for each job related course (3-unit semester
or 4-unit quarter system.) the em.p-loyee completes at an.
accredited. college, university, or California State Fire Academy
accredited state or regional class taken during the emp-loyee's
non-work hours in. wh...tcll a. minim.um. "C" grade or certificate is
received in. said course. T'he employee is required. to obtain the
prior approval of the Fire Chief. The maximum an employee can
receive in. any calendar year period is $2,000.
2. During the term. of this agreement, the Parties sha.1.1- confer
regard.A..n.g designa.t.J.-on. of those California State Fire Academy
courses which. shall resul-t in eligibility for reim.bUrsement.
The designation. of classes shall include, but need not be
limited to those cl-asses that previously have been approved.
Once the initial designation. list has been compiled, the Fire
Chief sh.all first confer with Tinion representatives and shall
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then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
Section 18.02 REIMBURSEMENT FOR TUITION AND BOOKS
K An additional benefit will be offered to employees hired after
July 5. 1975. Those employees will have the opt ;icui of receiving
reimbursement fir tuition and books as outlined below. Me
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 ca.len.d.ar year.
d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fdre Chief
and the Director of Admi-nistrati.ve Services.
e. The Fire Chief or his/her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
!E. Em.ployees must maintain an overall satisfactory department
evaluation to remain eligible for educationa-1-
reimbursement.
g. Once approval has been obtained the employee must meet the
criteria. outlined above to receive the reimbursement.
Section 18.03 CITY REIMBURSEMENT AGREEMENT
➢, Employees who participate in the Edu(,.,,,a1J.on.a1 Reimbursement
Progra.m. will- be required to sign the f().J.Jowirog 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, ini accordance with the following
schedule. "
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Section 18.04 CITY REIMBURSEMENT SCHEDULE
I... Be.low is the rei.r.n.bUr'seirinent schedule for the ful.l. reiionths wor..ked
between course completion and resi gnat:Lon date a. nd the
perc(,-aintaqe of the total.. re iff.AbLlrsement to be r(.:,,funded to the
Cl , _ty.
1 100%
7
50%
2 1.00%
8
40%
3 90%
9
30%
4 80%
10
20%
5 '70%
11
10%
6 60%
12
0%
ARTICLE 19 -TEMPORARY APPOINTMENTS
Section 19.01 GENERAL
Section 19.02 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 19.03 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.
a
Section 19.04 PARAMETERS FOR CONFERRING
1. The FDPO will confer with the Uni.on to deteratine whether or riot
a provisional appo.J.-ritment should. be made. Provisional
appOintirtents will normally be made when each of the fo.l.lowirig
staterrients is t.rue:
a. An employee to be provisional.1y appointed is reasonably
available and. has qualified for the position. by competitive
examination.
b. The provisional appointment is needed. to rel.ieve aria. over
burden of staffing repl.a.ceni.en.t hours.
c. The provisional appointment will not cause an over burden of
sta.ffir-i.g replacement hours.
d. The provisional appo.i.-ri.tm.ent does riot fall.- 45 d.a.ys prior to a.
promotional- exa.m.inatiori. in the same class.i.-ficat.Lon as the
provisional appoir.itm.ent.
e. The provisional. appointment can. be reasonably justified as an
operational necessity.
Section 19.05 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.
prov]-siorial
appointment
should. be inade.
The recorarriendation will
be made
within ten (10)
days of a. known.
va.cancy arid, in.clude the
agreed.
upon. answers to
the statements listed
above and/or the
agreed
upon differences
of opinion of the
FDPO and. the Uri.J.-on.
2. Th.e Fire Chief will. cons.J.-der the reconuneridation and make the
final determination. If the recommen.d.a.t.ion J.-s not. made within.
ten. ('1.0) days, the Fire Chief will make a decision based. on the
information available at that time.
Section 19.06 INTENT OF POLICY
I . This policy shall not be abused or used outside the intent of
filling longer term disabi-l-ity pos.1-tions, except for dynamic
emergency situations that dictate rank for rank. rehii-•es.
ARTICLE 20 - MAINTENANCE AND REPAIRS
Section 20.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited ntairiten.ance arid repair
such. as outliried. below-.
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1 CARPENTRY
a. Members WJ..1-1- perform minor, unskilled carpentry
maJ.-n.tenance arid. repair. Such carperitry responsibi.lities
s h a. 1.1- not include maintenance or repairs r e q u.]...rii.. n g
special. skills, knowledge® or Lools beyond household
handyman level.
2. PAINTING
a.. Members perform touch. -up painting. Such touch-up
paintin.g shall exclude painting of ent..i-re wal.1-s, rooms,
or structures.
The foregoing Limited. Maintenance Agreement shall pertain to a.11 fire
facilities:
Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
1. The City will maintain and clean. the ad.rainistrat.i.-ve office area.
arid greenhouse windows in Fire Stat.Lori #1. For the purpose of
this provision, the adm.J.-rii-stration. office area. .is defined as tare
lobby, secretar.i.-a.1 area, Fire Chief's Office, Fire Prevent.i..on
Bureau offices® and Conference Room. Unit employees shal-L
continue to be responsible for, the ma in ten ar..i.ce ari.d. cleaning of
all other areas in this facility ari.d all areas of F'.i-re Station
:42 as presently provided.
ARTICLE 21 - MATERNITY LEAVE
Section 21.01 EQUAL BENEFITS
1, Except as provided herein., a female employee disabled. because of
pregriari.cy, childbirth, or a. related medical- condition. shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non-industr.i..al) medical reasons.
Section 21.02 WORKING AND REPORTING
-1- It is the err.iyA.-oyee's right to continue to work while she is
pregnant. Me:m,-jers who become pregn.ant and are physically capable
of perforniing their 'jobs may, at- their d_:i..scret.:i..orl.® remain in
active duty positions, arid. are not required to report their
condition to the employer.
Section 21.03 LIGHT DUTY
1. The City shall transfer a. pregn.a.rit 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 reason.ably accommodated. The position.
will have an equivalent rate of pay and. benefits. However, the
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City shall not be required to create additional employment that
the City would not otherwise have created, nor sh.a.11 the City be
required to discharge any employee, transfer any employee with.
more seniority, or promote any employee who is not quali.fied to
perform the job.
Section 21.04 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. ddsabilitye 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 pr,eriata ti. cal(,a. VJ(_,, da,t-e on
which the leave should conunence and W date onwhich 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 mon.ths pregnancy disability leave, whichever
occurs first, a California Family Rights Act (°"CFRA") eligible
employee may request to take CFRA leave of up to 1.2 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child. have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 21.05 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 untoreseen 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 requi.re
written. conf irmation,
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 h.er disability has
ceased before the employee returns to work.
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Section 21.06 RETURNING TO WORK
1. When the erriployee is ready to return. frorri pregnancy leave the
employee shall- be entitled. to return. to her original position
un.1-ess either:
a. 'I'lie -job ceases .-.,, t ' o ex i s t ' because of legitimate business
reasoru,� UFII'E�J..ated to the employee's pregnancy disabi-I.J..ty
1. eave (e. g. , 1 a.yo f f ) ; o r
b. F,ach meay.-i.s of preserving the job for the employee would
substantially undermine the City's ability to operate safely
and efficiently.
Section 21.07 COMPARABLE POSITION
1. If the employee cannot return. to her original- position because of
either of the foregoing reasons, she shall be en.tit.]..ed to a
co:rnpara.ble position unless either:
a. There is no comparable Position. available; or
b. For en.iployees whose pregna.n.cy disability does not qualify as
a. Family Medical. Leave Act ' ("FMLA") leave, a coinparable
position is available, bu fi
t. l-ling the available position.
with the returning employee would. substantially undermine
the C.:i..ty ®s ability to operate safely and. efficien.tly.
c.. "Er.T.ipl-oyrri.ent in. a. co:r.r.iparab.le position." rrtean.s einployment J.-n. 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 subs tan tia.1.1 y sini.i.1-ar duties and
responsibilities, which must entail- substantially equivalent
skill, effort, responsibility, and. authority. It must be
performed at the same or geographicall-y proximate worksite
from where the erri.p.1-oyee was previously emp.loyed.. it
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 21.08 RIGHTS
1.. Noti-iing contained. herein shal.1- limit the rights of the en.ip.loyee
under the California Famil-y Rights Act, the Federal Family and
Medical I.,eave Act or., other statutory and/or case law.
ARTICLE 22 - POLICY AND PROCEDURE AGREEMENTS
Section 22.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon. a disability retirement appeal
procedure dated May 2010.
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Section 22.02 INJURY ON DUTY PROCEDURES
1. The parties have agreed. upon a injury on. duty procedures dated.
,June 18, 2003
Section 22.03 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupati..onal.
injury and. i-1.1-ness policy.
2. When an eniplayee is assigned to light duty shall be
assigned to a 40-1' our workweek schedule (9-80 schedule) The
attending physician will identify any work restrictions and
1. i. mi t a t i c , ' ) ri s - The fire a dm i n i s t r a t i cui will determine if an
appropriate temporary light duty assignmerit is availabl.e meeting
the restrictions detailed by the attending physician. Final
approval for temporary light duty assigniverms rensts witA the Fire
Chief. Temporary light duty assignments shall be for thirty (30)
days. The Fire Chief may grant extensions as �rie(,ded or r(',-�',quested.
3 . While an light duty the e�mployee All wear the (Jr-,�,',�partmerit-
approved uniform. Exceptions to the requirwma"; to wear the
department- approved unii:orm may be granted fay thr,'� Fire Chief
based on tµhe nature of the injury and the work to 1,-.)e performed.
4. In order to return to full duty the employee must provide written
documentation per City Practices authorizing the return to
unrestricted duty.
E" An employee assigned to temporary light duty may make a request
to the FIre Chief for a nmdified 40-hour workweek and/or work
location. The nature of available assignmentz'i and the needs of
the employee will be considered in the KKK= The Fire Chief
will consider each request for a modified sched.ule/location on a
case-by case basis.
Section 22.04 REHIRE POLICIES
in city officials and Association representatives met and agreed to
Rehire/Staffing Policy and Procedures. That agreement is
reflected in a revised Rehire/Staff.ing Policy and ["rocedures
dated December 19, 2003. Edther party may cause a reopening of
the meet and confer pxocess regarding proposed changes to the
Rehire/Staffing Policy and Procedures incorporatod herein. There
shall be no modification to the Rehire IS taf fi-rig Policy and
Procedures absent an agreement of the parties to do so.
Section 22.05 RANK FOR RANK POLICY
1. The City agrees that when. it rehires employees of the Fire
Department it wil-l_ 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.
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Section 22.06 DRUG-FREE WORKPLACE POLICY
Section 22.07 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. Burnping -- 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 appointrnent date to the
affected classification.
2. Grounds for T,aVoff
3. Notice to Em 1 : es
W
4. At-Will Employees
--- ---- ------ ----- - — 1.
50 Benefit Pavoff
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
8. Bumping Rights
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9. Breaki-ng Ties
a . In cases
where emp.l.oyees have the same da.te of h...Ire (i.e.,
equa] senior]-ty), seniority
shall be
granted. to the emp]..oyee
,vv..!..Lh i:::.,f.ie
hJ ghest score on
the exam...I.. riat..i.. on -.Ln which th(..,
employee
part]..c,:,J..pated and.
received.
the appoint.T.R.ent... The
fo.I.A.-owi.ng
criteria shall. be
used to
determl-ne seniority (in
case of a
tie or the testing
process
is not applicable, the
next criJ::'Ieria shall.. be used.)
.
and time of application.
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
11.Reemployment List
12. Let-ter of Lavoff.
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
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stating the employee was reduced in. status as a. result of a
layoff and is eligible for reemployment to the higher-level
position.
13. Right's of Reentplovinent
a , If a person is ree:r.riployed. by the City within. three (3)
years, the employee's seniority, sick leave and vacation.
accrual rates sha.11 be reinstated.. Any accuntulated sick
leave and/or vacation earnings shall also be reinstat.-led to
the extent that the employee did not receive compensation
for such earnings at the time of layoff. tJp(.)n reemployment,
employees will be placed on the same salary step held at the
time of layoff.
a.. If the above procedures, except for Section, B -- GrounAs for
Layoff arid. Section. D - At mill Empl.. . . oyees, are miapplied arid.
adversely affect a. la_1d'.-offo_ --- r . .... dil—sp—laced s e�rflployee, the
adversely affected. e:rnployee may :t=ile an appeal, s e t in g
forth what sections of this Section were violated., to the
City Manager.
Section 22.08 GRIEVANCE PROCEDURE
Effective October 1, 2011
I . pulaose
a. To promote unproved. em-p 1 o ye r - e-ff i. p,.L o ye e relations by
establishing procedi.i.res for the fair and orderly resolution
of disputes between the City and the 11nion an.d./or the City
an.d. employees represented by the Union.
b. To provide that grieva:races shall be settled. as near as
possible to the point of origin.
c. To provide that t.he grievance procedures shall be as
informal as possible.
2. Definition
a., A "Grievance" shall be defined as a coritroversy between the
City arid. the Union or an employee or employees covered by
this agreement. Such controversy :must pertain to any of the
following:
1. Any matter involving the application of any provision
of this agreement; or
2. Any mat-ter involvin.g 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 applicatio:n. of all rules, regulations,
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policies and/or laws affecting the employees covered
by this agreement; or
Any protests of ratings or performance evaluations.
3. Eval..uati.ons
4. Discipline
........... -." ''. I
5. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
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6. Re. resentati
"1 . .......... 11111 - I
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
three-thousand dollars ($3,000) . In addition, Union shall
pay half the cost of any FBOR mandated Administrative Law
Judge. In such a case where a grievance is processed
without the Union's approval or participation, the
individual (s) shall not incur the same cost.
7. Witnesses
a. In the event an employee represented. by the Union is
required by any party to appear at any meeting in any Step
in this Procedure while otherwise A 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 fai.1 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 22.09 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 22.10 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
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smoking and/or using tobacco products at any time on or off
duty.
Section 22.11 MEDICAL EXAMINATION POLICY
1. Effecti.ve, Nov&r.r.iber 28, 2015, the City shall no lo.nger r.:)rovide
a.n.nt..i.al medical examinations to rri.embers of this bargaining unit.
Section 22.12 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
Section 22.13 ELECTION DAY VOTING POLICY
Section 22.14 JURY DUTY
1, Employees shall be entitled to a leave of absence for jury Duty,
subject to compliance with all of the following conditions:
a. The employee must provide written notice of the expected
Jury Duty to his or her supervisor as soon as possible, but
in no case later than 14 days before the beginning of Jury
Duty (defined as the date on which the employee is directed
by jury s�,)rnmons to eithe commence telepl-icn e contact with
the jury �,,u.,imJ,nistrator ai-id/or appear in
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e. While on Jury Duty, the employee must report to work or use
vacation leave for the remainder of the employee's scheduled
duty days, when relieved of jury duty for the day and prior
to the end of the scheduled duty day.
f. The employee must provide documentation of his or her daily
attendance on Jury Duty.
1. Attached to this MOU as Exhibit I, is the discipline-related
policy and procedure which has been drafted in accord with the
requirements of Government Code § 3250 et. seq., the Firefighters
Procedural Bill of Rights Act.
ARTICLE 23 - UNION BUSINESS
Section 23.01 BULLETIN BOARDS
Section 23.02 UNION MEETINGS
Section 23.03 CONDUCT OF UNION/ASSOCIATION BUSINESS
1. Effective July 1, 2000, each
fiscal year representatives
designated by the Union shall be
ei"ititled to seven (7) twenty-
four (24) hour shifts of time wil :h
1,,,)ay it-i order to attend related
conferences, seminars, workshops,
fn(,,�et ings, etc. No more than
four (4) shifts, or the equivalent
number of hours may be taken
by any one representative on �,iny
one occasion. TiAIW� used to
participate in the processing of grievances
or during the formal
"Meet and Confer" process shall be,
in addition to, and shell].. 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
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eleven
(11) shifts per
fiscal year. Employees
requesting to
utilize
this paid leave
shall secure approval from the President
of the
Association and
submit the request to the
Fire Chief ten
(10) days
in advance of
the requested time off.
Employees shall
not be
penalized any hours for utilizing this
time, for the
purpose
of calculating FLSA
compensation.
Section 23.04 AGENCY SHOP CLAUSE
b. With a bona fide religious exemption, pay a fee equal to the
agency fee to be donated to selected charities.
Union Dues /agency Fee Collection
New Hire Notification
E'a i. I U r e L. o P a v D u e a / Fe e s
1. Should. an employee frail to make an election and provide the City
a signed. copy of the Agency Shop employee e.1-ection form, the
Union. shall.. notify the City, requesting the employee be
terminated from employment for fai.Lure to make an election.
Within. ter). (10) working days of each new hire in the bargaining
unit, the City shall notify the Union of a..11 new hires,
providing the Union the employee's name, classification and date
o f h, i r e .
lReligious Exej.nptJ..()n
1. . An employee who is a member of a bona. fide re-ligion., body or
sect that has historically held co:riscientious objections to
Joining or financially supporting a. union shal.1 riot be required,
as a condition of employment® to join the union and pay union
dues or pay an agen.cy fee for representation.
2. An employee c.1-ai.m.Ln.g religious exempt.iLon. status shall be
required to provide to the Union. proof of affiliation with such
a. re.2-i-gious body or sect.
3. In lieu of union dues or agency fee, the employee claiming
religious exemption shall be required to make a contribution
equal to the Agency Fee, to one of the following non - labor, non
religious charitab.1-e orga.-nizations: South Bay Police & Fire
Memorial- Foundation; Al..;Lsa. Ann Ruch Burn Foundation; Muscular
Dystrophy Association; El Segundo Education Foundation.
1. On. an. annual basis, the Union. shall provide the fluman Resources
Director with a. copy of the Un.:i.on ®s certified :financial report.
The City shall provide the Union a 1.ist of all. unit members and
dues paying status with. each union dues check remitted to the
Union.
Rescission. of Agreement
- -- - - ------------
1 . The Agency shop agreement may be rescinded. at any time during
the term. of the Memorandum. of Understanding by a majority vote
of all employees in the bargaining unit. A. request :for such
vote must be supported by a petition. containing the signatures
of at least thirty percent (30%) of the employees in th.e unit.
The election shall be by secret bal.Lot arid conducted. by
California State Mediat.J.-on a.:rid. Conc.J..liat..Lon. and. in. accordance
with. state law.
In deran i f i c a t i on.
1. 7.'he Union sha.1.1 provide full protection to the City by
i..n.d.erri.n.i.:f'.ying® defending and. h.o.1-ding the City harmless from arid.
against all, claims and liabilities as a. result of in.1plem.enting
and maintaining this agreement.
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ARTICLE 24 - HOLIDAYS
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.
Section 24.02 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. Benefits
shall be
paid
at the employee's regular
rate of pay existing at
the time
the check
is processed.
Section 24.03 PERS PICK-UP
Effective November. 28, 2015, the City shall no longer pay any of the
members' PERS contribution on Holiday pay.
ARTICLE 25 - MISCELLANEOUS
Section 25.01 PROMOTIONAL EXAMINATION REQUIREMENTS
1. Effective July 1, 2003
2. Effective July 1, 2.006
Section 25.02 OPPORTUNITY TO REVIEW MATERIALS
1. No employee shall have any comment adverse to his/her interest
entered into the employee's personnel file, or any other file
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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 instrunient 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 Departr.nent personnel
file.
Section 25.03 TRAINING PUBLIC AND EMPLOYEES
1.. As part of their duties, suppression person.:r.iel_ may be required to
instruct and. participate in training for the pub.1-ic and other
City Personn.e.J... Examples of such training and participation
include first a.J.-d, 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-d.uty Personnel- or off
duty personnel to conduct such. training is within, the F'J..re
Administration's discretion. to decide. If on.-duty personnel- are
used Administration wi 1 -1 determine whether to hire back
additional personnel. The decision will be based. on operationa.1
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 26 - SCHEDULE
Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES
1. The work schedu.Le sh.a1_1 be two (2) consecutive twenty-four (24)
hour shifts on duty followed by ainety-six (96) consecutive
hours off duty, based upon, a 24-day work cycle.
ARTICLE 27 - TERM
Section 27.01 TERM
The term of this MOU shall be October 1, 20.14 through. September
30, 2017. ThJ._s Agreement shall remain in effect dur.]..n.g any
negotiations and shall.. continue to remain in. Eu1.1 force and
effect until such time as a new agreement is reached.
Article 28 - Limited Layoffs
Section 28.01 No layoffs
Before instituting any layoffs the City will agree to meet and confer
in good faith with. the Association to explore alternative Cost saving
approaches. Additionally, as the result of the recent reorganization
of the Fire Paramedic Position on. Engine 32, no existing Fire
Paramedic sha1A_ be laid off or demoted. as the resu.Lt of such
reorganization.
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ARTICLE 29 - SIGNATURES
Section 29.01 SIGNATURES
1. Th.i.s Memorandum of I.Jnderstan.ding, October 1., 2014 to Sept-lember 30,
2017 J.-ncluding the cover, index, Exhibits I IV and signature pages,
is :made and. entered into between the UnLon and the City as amended
November 18, 2015.
For the" Union:`
. ... . ...... ...
Atidr'ew Powell
President
0 f f r e G
Y '1r'pi y
vice-Pres]-dent
Clayton Ho.1t
"'.ice President
[)Nniel Englei'll
T:All a s u r e r
Lee,
Secretary
the Ci
t5l *1
Greg '1benter(
Ci. ty 1�,141 l,i r ((rj e r
Dijkstra
Director of Human Reso�..a.rces
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EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of El Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of El Segundo Municipal Code.
1. DEFINITIONS
a. The term "firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
2.28 of the City of El Segundo Municipal Code and Rules 14 and 15 of the City of El
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
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period in excess of thirty -one (31) workdays, shall be entitled to an appeal hearing
before the City of El Segundo City Council ( "City Council "), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty -one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ( "Commission ") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code. 1
a.. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre - disciplinary procedures shall serve
as the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii. The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
I The Leos Angeles County Civil Service Commission and the El
Segundo City Council shall be referred to collectively in these
rules as "Commission/ City Council" inasmuch as the same
procedures apply to each. Which body conducts the hearing w.1..11..
depend upon the punitive action being appealed.
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requirements of Government Code § 11505.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code
§ 11506. Failure to file a timely Notice of Defense shall constitute a waiver
of the respondent's right to a hearing, unless the City Manager (or
designee) in his or her discretion nevertheless grants a hearing.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508,
unless otherwise decided by the Commission/ City Council, a hearing shall
be conducted at the City of El Segundo City Hall at a time to be determined
by the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the
parties at least 10 days prior to the date of the hearing and in a form
consistent with Government Code § 11509.
f. The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of El
Segundo Municipal Code Section 2.28.070. The decision of the Los
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Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL, DEMOTION, OR
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of El Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non - disciplinary transfers
resulting in a loss of compensation (e.g., non - disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action.
a. Effective Date of Punitive Action — Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
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notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighter's intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c, Presiding Officer— In an informal hearing, the Fire Chief or his /her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
d. Burden of Proof- The Fire Department ( "Department ") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e.,
allegations that the firefighter has violated one or more federal,
state, or local laws, and /or City or Fire Department regulations,
procedures, or policies), the Department shall have the burden of
proving by a preponderance of the evidence the facts which form
the basis for the charge(s) and that the punitive action was
reasonable under the circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing
shall be to provide the firefighter the opportunity to establish a
record of the circumstances surrounding the action. The
Department's burden of proof shall be satisfied if the Department
establishes by a preponderance of the evidence that the action was
reasonable. The Department's burden of proof may be satisfied
even though reasonable persons may disagree about the
appropriateness of the action.
e. Conduct of Hearing-
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i The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii, The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath,
bb. Subpoenas may be issued pursuant to Government Code §§
11450.05 - 11450.50.
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and /or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross - examine witnesses,
iv. Following the presentation of evidence, if any, the parties may
submit oral and /or written closing arguments for consideration by
the Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne
by the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
proceedings. All costs associated with such representation shall be
borne by the firefighter.
h. Decision- The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre -paid, upon the firefighter as well as his /her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code
of Civil Procedure § 1094.6. Where the cross - examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
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EXHIBIT II -A
CITY OF EL SEGUNDO
FIREFIGHTERS ASSOCIATION
Salary Schedule Effective 11/2812015
GRADE
POSITION
STEP
BASE
Step A
5,542.28
Step B-
5,809.14
Step C
6,089.32
483
FIREFIGHTER
Step D
6,383.52
Step E
6,692.41
Step F
7,016.76
Step
6,705.72
-A��—
Step B
7,030.74
497
FIRE PARAMEDIC
Step C
7,371.99
Step D
7,730.31
Step E
8,106.56
Step A
6,705.72
Step B
7,030.74
497
FIRE ENGINEER
Step C
7,371.99
Step D
7,730.31
Step E
8,106.56
Step A
7,745.76
Step B
8,122.76
510
FIRE CAPTAIN
Step C
8,518.63
Step D
8,934.29
Step E
9,370.72
EXHIBIT II -B
CITY OF EL SEGUNDO
FIREFIGHTERS ASSOCIATION
Salary Schedule Effective] 10/1/2016
GRADE POSITION I STEP BASE
Step A
5,708.55
Step B
5,983.41
Stop C
6,272.00
483
FIREFIGHTER
Step D
6,575.03
Step E
6,893.18
Step F
7,227.26
Step A
6,906.89
Step B
7,241.66
497
FIRE PARAMEDIC
Step C
7,593.15
Step D
7,962.22
Step E
8,349.76
Step A
6,906.89
Step B _
7,241.66
497
FIRE ENGINEER
Step C
7,593.15
Step D
7,962.22
Step E
8,349.76
Step A
7,978.13
Step B
8,366.44
510
FIRE CAPTAIN
Step C
8,774.19
Step D
9,202.32
Step E
9,651.84
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Note: Amounts above are monthly longevity rates.
EMPLOYEES SCHEDULED FOR NEXT LONGEVITY LEVEL
Name
Current Level
Next Level
EXHIBIT IV
Anniver _.. _
sary Date
.
Allee, Ryan
_.Level 1
° Leve12......
Level 3 �..
Level 4 ...._�_,.,
7/12/2021
6.5 Years
13 Years
19.5 Years
26 Years
w_.....
Firefighter .. ..�,_.. .
_
$426.73 �. .....,
$1036.35
�...
......_
$1645 97
_ .......
m . �......
$237 7.52
^
Fire Engineer &
Step A .....1111-11-1
$407.77
m., ....
$1572.87
_
$2271.87
......... .....m...._.
._
Fire Paramedic
Step B
$427..-_-_...
59
$10038 42
$164 9.26
$2382.26
Step C
$448.39
$1088.95
$1729.51
$2498.17
Del Castillo, Antonio
Step D
$470.24
$1142.00
_$1813.76
$2619.88
........... .... ...,
_......�.._
_.._..
Step E
$493.17
$1197.70
$1902.24 Wm
$2747.67
..._._ �.
Fire Captain
IT
St p �
18 _
.�....
$1144.29
�.
$1817.39
$181
$2625.13
_. ..e..Y
Step B
$494.16
$1200.10
� $190��
6.05
$275318
Step
$518.29
$1258.71
. .
$1999.13
$µ2887.64m
__...
- ._ �.
Step D
63
$132.m
$1320.25
$2096.87
$30:
�
Step E
$570 24 ...-
$1384.87
$2199.50
7 7 06
$31.......
Note: Amounts above are monthly longevity rates.
EMPLOYEES SCHEDULED FOR NEXT LONGEVITY LEVEL
Name
Current Level
Next Level
_.._..._
Anniver _.. _
sary Date
.
Allee, Ryan
...m.
2
3
7/12/2021
Bonfield, Shawn
3
4
11/3/2017
Carpenter, Kevin.
I 1-
2
6/9/2021 _ ....
.._
Carr, Dina
2
3
11/22/2018
Crowson, Curt
2
3
7/12/2021
Del Castillo, Antonio
2
' 3
11/22/2018 _...._ -__
Dennis, Donald ..._._�.�...�_......_ w......�....._.�
..__.__
2
�. W_....._..
3
�
3/9/2016
Emerson
2
3
10/1/2016
.. ......_...�....�.�.�__�Mitchell
Engler, Daniel
.__......_.. �
1
2
...
2/6/2019
�Gerny, Geoffrey
y
� 2
2/6/2019
h
John Gritzmacher, on
�
3
4 _........_
3/23/2018 ... _...
_
Heronema, Kevin
2
3
11/22/2018_
.m�.
Holt, Clayton
2 ��6 �.........._
3 ..
�.
7/12/2021 mm. ........
Inez, Joseph
1
2
2/10/2016
Kruse, Adam
1
2
2/6/2019
Larkin, Levi
1
2 � . .................�..
3/18/2020 �....
Lee, Deena._......_
��...�
2
.._._�
2/10/2016
Lees, Mark
3 ........ r....._
4 ..��..._
4/11/2017
m._
Mackprang, Geoffrey
1
2
9/23/2020 _ ..
Martinez, Scott
3
_
4
3/23/2018
M c l l ro ....._...�
y Nathan
2
3
7/12/2021
Partlow, Bryan
1
2
3/18/2020
Name _ _. �.
-. __.- --
�.
Current Level
�u»
..._
....................... _......__.w
Next level
�. � � .. ...._.�
_w
�. �
.....
i r Pate
Powell, Andrew
2
..,.m,_. �..:. _ .._
7/12/2021
Santa.
- - -- _.. ,... _ .............
.........
. ..u...
Schultz, Kenneth
..._..
. ........ _ _______
3
.........
.....mm....-
4
_ ..... _... ,..
6/15/2018
w...... .. .......
Siefke, Evan
....... ._._..... _
2
....
........ .... ...
3
......... ........................
7/12/2021
Stack, Steven ....
....� ....
..,_.._
2
,......�w
3
11/22/2018
- - - - -_
Stephens, James
_ ....
m_.... ..�...
3
4
.....
4/1/2017
...�� _
Towne, Richard
....
.......... _ ..... �......
3
4
.
......_... __�� ......_� ,.
11/3/2017
Tulette, James
3
4
8/4/2017
West, Evan
N/A
1
12/8/2015
Zarnbrano, Jose
N/A
1
12/8/2015