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CONTRACT 4951 - PERM Memorandum of Understanding CLOSEDAgreement No. 4951 BETWEEN EL SE ZUNI FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3682 OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2017 Agreement No. 4951 ARTICLE 1 GENERAL PROVISIONS Section 1.01 Preamble Page 1 Section 1.02 Recognition Page 1 Section 1.03 Management Rights Page 1 Section 1.04 Savings Clause Page 2 Section 1.05 No Strike Clause Page 2 Section 1.06 Maintenance of Existing Benefits Page 2 Section 1.07 Non- Discrimination Clause Page 3 Section 1.08 Notice to Meet and Confer Page 3 TICLE 2 SALARIES Section 2.01 Salaries Page 3 Section 2.02 Schedule of Classes by Series Page 4 Section 2.03 Salary Schedule Calculation Methodology Page 4 Section 2.04 Regular Rate of Pay Page 4 Section 2.05 Base Salary Schedule - Step Advancement Page 5 Section 2.06 Firefighter Compensation /Probationary Period Page 5 Section 2.07 Change in Anniversary Date & Range Number Page 6 Section 2.08 Salary Placement on Promotion Page 6 Section 2.09 Flexible Spending Account Page 6 ARTICLE 3 Incentive Coax ensation Section 3.01 Paramedic Special Assignment Pay Page 6 Section 3.02 Paramedic License Incentive Page 7 Section 3.03 Fire Staff Premium Pay Page 7 Section 3.04 Hazardous Material Incentive Pay Page 8 Section 3.05 Light -Duty Pay Page 8 Section 3.06 Fire Investigator Premium Pay Page 8 Section 3.07 Tiller Premium Pay Page 8 Section 3.08 Driver's License Premium Pay Page 9 Section 3.09 Requesting Incentive Compensation Page 9 TICLE 4 EDUCATIONAL PROGRAM Section 4.01 Incentive Pay Page 10 Section 4.02 Eligibility Page 10 Section 4.03 Continuous Training Page 11 Agreement No. 4951 ARTICLE 5 LONGEVITY ACHIEVEMENT PAY Section 5.01 Tenure and Compensation Schedule Page 11 Section 5.02 Eligibility Page 11 TICLE 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 TICLE 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 TICLE $ 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 TICLE 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 TICLE 10 OVERTIME Section 10.01 General Page 18 Section 10.02 Overtime under FLEA Page 19 Section 10.03 Recall /Forced Hire Compensation Page 19 ARTICLE 11 DEFERRED COMPENSATION PROGRAM Section 11.01 Eligibility / Program Administrator Section 11.02 Deferred Compensation Matching Funds ARTICLE 12 RETIREMENT - PERS Section 12.01 PERS Retirement Plan Section 12.02 Optional Benefits Section 12.03 PERS Payment Pick -UP Agreement No. 4951 Page 19 Page 20 Page 20 Page 20 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 Agreement No. 4951 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 #1) Page 29 TICLE 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 TICLE 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 TICLE 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 Section 24.01 Section 24.02 Section 24.03 ARTICLE 25 Section 25.01 Section 25.02 Section 25.03 ARTICLE 26 Section 26.01 ARTICLE 27 Section 27.01 ARTICLE 28 Section 28.01 ARTICLE 29 Section 29.01 EXHIBIT I EXHIBIT II -A EXHIBIT II -B EXHIBIT III Agreement No. 4951 HOLIDAYS Accumulation Annual Payment PERS Pick -Up MISCELLANEOUS Promotional Examination Requirements Opportunity to Review Materials Training Public and Employees SCHEDULE Schedule - Suppression Employees TERM Term LIMITED LAYOFFS No Layoffs Signatures Supplemental Procedures for Appeals B y Firefighters of Punitive Action Under the Firefighters Procedural Bill. of Ri hts Salary Schedule effective 11/28/15 Salary Schedule effective 10/1/16 Flat Rate Incentives effective 11/28/15 EXHIBIT IV FFA Longevity Page 44 Page 44 Page 44 Page 44 Page 44 Page 45 Page 45 Page 45 Page 45 Page 46 Page 47 Agreement No. 4951 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, 1 Agreement No. 4951 transfer, assign and retain employees in positions within the City, subject to the rules and regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees for lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out within the scope of representation. Section 1.04 SAVINGS CLAUSE 1. If any provision or the application of any provision of this Memorandum as implemented should be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this Memorandum shall remain in force and effect for the duration of said Memorandum. Section 1.05 NO STRIKE CLAUSE 1. California Labor Code Section 1962 provides that firefighters shall not have the right to strike, or to recognize a picket line of a labor organization while in the course of the performance of their official duties. Therefore, and irrespective of the term or existence of any Memorandum of Understanding or other rule or regulations, the parties acknowledge that such activity is unlawful. 2. Additionally, any other job action, including but not limited to slow downs, speed ups, "sick outs" and other activity actually or potentially having a negative impact upon the public health and welfare, is deemed illegal and is prohibited, irrespective of the term or existence of any Memorandum of Understanding e.g. see City of Santa Ana v. Santa Ana Police Benevolent Association ... ... .... ... ... .... ......... ------ ----- I -- (1989) 207 Cal.App.'­Trd ---- 1-5­6-8 . . ........ 2­575 ...... C,a-l'7"Rp"t-r­.­ . .... 6­8,8 ---- r`e'g'a­r'd'ing p u"b 1"i"c safety organization "sick outs"). Section 1.06 MAINTENANCE OF EXISTING BENEFITS 1 The Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Memorandum of Understanding are covered by existing ordinances, resolutions, policies, and practices of the City, as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issues whether specifically discussed prior to the execution of this agreement or which may have been omitted in the discussions which led up to the execution of this agreement, except as provided in this agreement or by mutual agreement of parties. 0 Agreement No. 4951 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 The Union and the City recognize and agree to protect the rights of all employees to join and/or participate in the protected Union activities or to refrain from joining or participating in protected activities in accordance with Government Code Sections 3500 through 3510. The City and the Union agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employee opportunities for all employees. The City and the Union shall reopen any provision of this agreement for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this agreement dealing with State or Federal anti-discrimination laws. Section 1.08 NOTICE TO MEET AND CONFER 1. Except in cases of emergency as provided in Government Code Section 3504.5, the governing body of a public agency, and boards and commissions designated by law or by such governing body, shall give reasonable written notice to each recognized employee organization affected of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the governing body or such boards and commissions and shall give such recognized employee organization the opportunity to meet with the governing body or such boards and commissions. 2. In cases of emergency when the governing body or such boards or commissions determine that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the governing body or such boards, and commissions shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation. ARTICLE 2 - SALARIES Section 2.01 SALARIES Effective October 14, 2008, the past practice of "compounding" base salaries shall terminate, whereby base salaries were previously supplemented and increased in amounts determined by the percent of incentives/special compensation pay. I Agreement No. 4951 2. Effective November 28, 2015, the base salary of each affected employee shall be increased by two percent (2 %) 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 2. Effective November 28, 2015, a new classification of Fire Paramedic shall be established. The assigned salary range is 497, Steps A - E. Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY 1. The methodology used in computing adjustments in monthly salary shall be as follows: 2. Adjustments are to be computed from the amount shown in the base salary columns, step A through F of Range 483, and step A through E of Ranges 497 and 510 of the Base Salary Schedule. Multiply each step by the percent of the new salary adjustment. Once all of the salary steps have been computed, each salary figure shall be rounded off to two (2) decimal places, and this amount will comprise the new base salary schedule. Taxable pay will be calculated by subtracting the Public Employee Retirement System (PERS) picked up by the employer in accordance with Internal Revenue Code Section 414(h)(2), (which is calculated at 9% of the resulting regular rate of pay) . Hourly rates for each step are calculated by multiplying the respective unrounded salary step plus applicable incentives (regular rate of pay) by twelve (12) and then dividing by two thousand nine hundred twelve (2,912) and rounding off the result to the nearest two (2) decimal places. Section 2.04 REGULAR RATE OF PAY 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 C! Agreement No. 4951 does not override the specific definitions set forth in the FLSA. Therefore, as used in this MOU, the "regular rate of pay" is the remuneration paid to or on behalf of the employee except gifts, travel expenses, other reimbursable expenses, payments not mandated by the MOU or other rules /regulations, retirement and insurance contributions by the City, overtime and holiday pay. These are examples only and not intended to be an all-inclusive definition of the "regular rate of pay-if 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% PERS member contribution and consequently employer paid member contribution of 9% does not apply to this bargaining unit and is not to be calculated as part of the regular rate of pay. Such acknowledgement shall not cause any reduction of pay as the result of this language. Section 2.05 BASE SALARY SCHEDULE-STEP ADVANCEMENT 1. The advancement of a new employee from Step A shall be on the new employee's anniversary date which is established as the day immediately following satisfactory completion of his/her first six months service; Steps B, C, D and E (F for Firefighters only) contemplate one year's service in each of such classification subject to the limitations of the paragraph below and the advancements there from shall be on the anniversary date of the employee; Step E (F for Firefighters only) contemplates continued service in such step until further advancement is indicated by reason of longevity. 2. If the employee's anniversary date falls in the first week of the pay period, the effective date of the increase will be the first day of that pay period; if the anniversary date falls in the second week of the pay period, the effective date of the increase will be the first day of the following pay period. An employee in the fire service shall be presumed to merit an increase in pay unless his or her current performance evaluation on file rates him or her below standard or unsatisfactory and the Fire Chief notifies the Personnel Officer and employee in writing at least ten days in advance of the scheduled increase that the increase in pay should be withheld, stating reasons. If employee's performance subsequently improves to a satisfactory level, the pay will be granted upon the issuance of a satisfactory performance report. Section 2.06 FIREFIGHTER COMPENSATION/PROBATIONARY PERIOD 1. Fire service employees shall be appointed to the position of Firefighter and compensated at Step A of the range assigned to Firefighter (483) for the first six (6) months from their date of hire. They shall be on probation during the first twelve (12) months from their date of hire. I Agreement No. 4951 Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER I An employee advanced from one range to another, shall receive a new anniversary date, which is the date of the change. other changes in salary, unless specifically directed by the Council or as provided in the second paragraph of the Section herein entitled "Base Schedule-Step Advancement" herein shall not change the anniversary date, except for promotions made in accordance with the Personnel Merit System ordinance and the Personnel Rules and Regulations. The City Council reserves the right at any time, and in its sole discretion, to change the range number assigned to any officer or employee and to determine the particular step in any range number which is to be thereafter assigned to any such officer or employee. Section 2.08 SALARY PLACEMENT ON PROMOTION In all cases where an employee is promoted to a classification for which a higher rate of compensation is provided, then such employee so promoted shall enter into such higher classification at the lowest rate of compensation provided for such higher classification which exceeds by not less than five percent of the base rate of the affected employee. 2. All supervisors shall be paid a base rate not less than the next higher base rate than any of their subordinates. In the event that a supervisor is paid a base rate of pay equal to or lower than one of his/her subordinate's base rate, the supervisor's base rate shall be advanced to a step in his/her salary range which is next higher than any subordinate's base pay exclusive of longevity pay, educational incentive pay, and special assignment pay. 3. Any affected employee assigned to and performing the duties of a Fire Paramedic and who is promoted, shall suffer no decrease in base salary (pre-promotion base salary being measured by base salary plus any paramedic bonus). This Section shall not apply to paramedics who suffer a salary decrease because of a reassignment out of the paramedic program (as Opposed to a promotion). 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 Agreement No. 4951 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.) e. If no off-duty qualified paramedic Engineers or Captains can reasonably be called in from off-duty, then a firefighter will be force hired to fill the vacancy. W Agreement No. 4951 City's EMS Educator. Educational reimbursement will not be provided for outside training required for the initial recertification /licensure, or in situations where the employee did not attend classes provided in -house by the City's Nurse Educator or other City provided resource. Once a member has in his /her possession a California Paramedic License and Accreditation from Los Angeles County and makes those documents available for inspection by the City, they shall be compensated as per the provisions in this MOU. 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 1. The assignment of cause and origin /arson investigators (also described as "fire investigators ") shall be created with the assignment requirements being designated by the Fire Chief. Employees selected to serve in this assignment shall receive a $50.00 per month stipend. The stipend shall commence with the employee providing evidence of having successfully completed mandated training and qualification to be certified to perform the duties of the assignment. 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. Agreement No. 4951 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 INNEWUNW0, Educational Program - Certificate 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. 6 Agreement No. 4951 ARTICLE 4 - EDUCATIONAL PROGRAMS Section 4.01 INCENTIVE PAY 1. Members of this bargaining unit hired on or before November 28, 2015 will be eligible for one additional Education Incentive if the degree/units is conferred /completed by September 30, 2017; Master's degree excluded. 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, 2017 shall not be eligible for the additional Education Incentive Pay. 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 1. Prior to an employee engaging in a major course of study, he/she must receive written approval from the Fire Chief for the eligibility of the specific type of College Degree to guarantee his/her eligibility for incentive pay as provided herein. Each employee who qualifies for educational incentive pay shall remain eligible during the course of his/her employment with the City, with the following exceptions: After qualifying for educational incentive pay, an employee shall cease to receive such pay during any time period that: the employee does not meet the requirements for educational incentive pay; the employee is suspended without pay; or the employee's most recent performance evaluation is rated below standard or unsatisfactory. An employee who has lost his/her eligibility to receive this incentive under the terms stated above shall have their incentive pay reinstated the first payroll period following his/her re-qualification. 10 Agreement No. 4951 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 Exhibit 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. 11 Agreement No. 4951 Section 6.02 OPTICAL INSURANCE PROVIDER 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. 2. The 2016 monthly City-paid health insurance premium contribution for medical health insurance will be $1425.02. This rate is equal to the average dollar cost of the 2016 premiums for an employee and two (2) or more dependents under the HMOs available to the employees under the Public Employees' Medical and Hospital Care Program in the "Los Angeles Area", as that term is defined by CalPERS. The 2016 rate of $1425.02 shall remain in effect for the term of this MOU. 3. Employee Assistance Program - The City shall provide a basic level of service to employees at City cost. Basic level shall consist of three (3) sessions per member/per incident/per year. Employees may voluntarily enroll in the EAP/Outpatient tier at their own cost; the 2016 monthly rate is $9.52 and is subject to change. Section 6.04 DENTAL, OPTICAL AND LIFE INSURANCE 1. The City shall offer dental, optical, and life insurance to bargaining unit members, premiums to be fully paid by employees. Insurance premiums paid by the employee will be deducted from the employee's paycheck and if eligible through the City's established flex plan under section 125 of the Internal Revenue Code. The City will extend dental coverage for dependents to the age of 26 as is the current practice for medical insurance. Section 6.05 LONG-TERM DISABILITY INSURANCE 1. The City will pay on behalf of each qualifying employee 1000 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 (500 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 17FA Agreement No. 4951 Section 6.06 CATASTROPHIC LEAVE PROGRAM The Catastrophic Leave Program is as follows: a. Purpose 0 Agreement No. 4951 Section 6.07 LONG TERM CARE GROUP INSURANCE 1. Effective November 28, 2015, the City shall no longer pay on behalf of each qualifying employee any premiums for California Association of Professional Firefighters Supplemental Long Term Care Rider Composite Plan. Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH 1, If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees' Retirement System that an Association member has died as a direct and proximate result of the performance of duties in the course and scope of his/her employment, then the City shall continue to make group medical insurance premium payments on behalf of the surviving spouse until age 65, Medicare eligibility, whichever comes first, and to the children of the deceased member until age 18. Said medical premium payments on behalf of the children of a deceased member shall continue if at age 18, the child commences uninterrupted college enrollment, but not to exceed the age of 23. 2, The City-paid medical insurance premiums described herein shall be in an amount required to fund the level of medical insurance benefits, which the deceased member was receiving at the time of his/her death. For example, if at the time of death, the member was enrolled in a specific HMO Plan, then future premium payments made pursuant to this Section shall be in an amount required to maintain comparable plan benefits. ARTICLE 7 - INSURANCE RETIRED EMPLOYEES Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS 1. The City will pay 1000 of the premium for the agreed upon health insurance, under the City's insurance plans, for retired employees and eligible dependents, to the maximum dollar amount being equal to the contribution made for current employees with coverage which is the same as that of the retiree. Section 7.02 OTHER MEDICAL INSURANCE PLANS 2. The above limitation shall not apply for retirees who retired before December 1989 and in December 1989 were not receiving a no Agreement No. 4951 City contribution to medical insurance. The monthly limitation for such employees shall be $75.00. Section 7.03 ELIGIBILITY RETIREE MEDICAL INSURANCE 1. Effective July 1, 1989, employees shall have a minimum of five (5) years of City service as a prerequisite to receive from the City service retiree medical insurance contributions and continued participation in the City's group insurance plans except as may be mandated by law (e.g., COBRA). ARTICLE 8 - SICK LEAVE Section 8.01 SICK LEAVE ACCRUAL 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 1. Upon separation from service of an employee, the City shall pay for the employee's unused sick leave accumulation according to the following schedule at the same rate the employee would have received had he/she used the benefit to receive full pay while absent on the date of the cash-out payment: a. 50% after ten (10) years of service. 10. 90% after twenty (20) years of service. W Agreement No. 4951 compensation "catch up" permitted by law for the calendar year in which the cash out is received. In no event can an employee cash-out a cumulative total greater than that permitted above. 3. Effective October 1, 2016, employee's sick leave pay for 8.03(1) and 8.03(2) shall be paid at the base hourly rate set forth on the salary schedule. Section 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 750 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; M Agreement No. 4951 b. Eighteen (18) working days per year with full salary after seven (7) years and until the completion of fourteen years of continuous service; c. Twenty-four (24) working days per year with full salary after fourteen (14) years of continuous service. Section 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 year's 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 (1000) 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 500 of his/her annual vacation leave. (Example: employee on IOD with 288 hours accrued vacation may accrue an additional 72 hours, i.e. 500 of his 144 annual accrual). WrA Agreement No. 4951 Section 9.06 PROMOTION AND TRANSFER ELIGIBILITY 1. Vacations shall be honored with respect to all transfers even if that vacation period has already been taken by another member. In addition, vacations shall be honored with respect to promotions, however this is contingent on volunteer members being available to work. Vacations honored under this provision that allow two members to be on vacation during the same period shall not be available to other members should the transferred or promoted member cancel said vacation period. Section 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 1. For personal emergencies, that is, a serious illness of an "immediate family" member of the employee or the employee's Spouse and for cases of extreme and unusual hardship of an emergency nature, employees, upon request, shall be entitled to utilize accumulated vacation leave or compensatory time-off, for which prior notification is required; however, in certain instances notification requirements may be waived. ARTICLE 10 - OVERTIME Section 10.01 GENERAL 1. All of the members of the Fire Department shall be subject to call for service at any time. 2. All employees working a 182 hour/24 day work period shall receive premium overtime compensation at the rate of one and one-half (1.5) times their "regular rate of pay," for all time worked in excess of 182 hours in a 24 day work period. 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 parties acknowledge that the City does not pay the employee's 9% PERS member contribution and consequently employer paid member contribution of 9% does not apply to this bargaining unit and is not to be calculated as part of the regular rate of pay. Such acknowledgement shall not cause any reduction of pay as the result of this language. 3. All employees working a 40 hour/7-day work period, a 9/80 or other modified 40 hour schedule shall receive premium overtime compensation at the rate of one and one-half (1.5) times their regular rate of pay for all time worked in excess of their daily work shift or in excess of 40 hours in a 7-day work period. "M Agreement No. 4951 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 Section 10.02 OVERTIME UNDER FLSA 1. Effective July 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. 19 Agreement No. 4951 Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS Effective November 28, 2015, the City shall no longer match contributions made by the employee to the City's Deferred Compensation Plan established under Section 457 of the Internal Revenue Code to a maximum of 5% of the employee's regular rate of pay. However, the City shall deposit a final match to reflect the employee contributions made from January 2015 through the pay period ending November 27, 2015. The City shall deposit the final matching funds on behalf of the employee into the City's Deferred Compensation Plan established under section 401(a) of the Internal Revenue Code. 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: a. All sworn firefighting employees currently represented by the Union who are safety members of PERS shall have their retirement benefits calculated pursuant to the three percent (3%) at age 55 formula set forth in Section 21363.1 of the California Government Code. b. One-Year Final Compensation option "single highest year" (Government Code Section 20042) 2. For "New Members" within the meaning of the California Public Employees' Pension Reform Act of 2013: a. The provisions of AB 340 (The California Public Employees' Pension Reform Act of 2013) will be applicable to new members hired into this bargaining unit on or after January 1, 2013. b. Retirement Formula: Per Government Code Section 7522.25(d), also known as 2.70 @ 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: we, Agreement No. 4951 Section 12.03 PERS PAYMENT PICK-UP 1. The employees shall pay their required nine percent (9%) contribution to PERS. In accordance with Resolution No. 4497 The City shall pick-up this nine percent (9%) contribution, meaning that while employees pay their own nine percent(9%) member contribution, the City shall treat this contribution as an employer contribution for purposes of employee federal and state income tax withholding as authorized by Internal Revenue Code(IRC) Section 414(h)(2). 2. The City's pick-up of the contribution shall be limited to the percentages noted herein. Increases in the City's pick-up percentage shall not occur without mutual agreement of the parties. ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT Section 13.01 UNIFORM MAINTENANCE PROGRAM 2. Effective November 28, 2015, a uniform allowance shall no longer be provided to members of this bargaining unit. Section 13.02 CAL OSHA/FED OSHA UNIFORM REQUIREMENTS 1. In the event that Cal OSHA, Federal OSHA or an equivalent body changes the uniform requirements for unit employees, the City 21 Agreement No. 4951 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' bargaining 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 maximum of four (4) days (which shall be defined as two (2) shifts or 48 hours) paid bereavement leave per incident of death in the immediate family is provided separate and distinct from sick or other leave benefits. "Immediate family" shall be defined as spouse, child, mother, father, grandparents or sibling 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 1. Contingent upon the City determining that sufficient funds exist for said purpose, provision to each affected employee of a maximum of $4000 cumulative interest free loan to purchase personal computer hardware and software. The City's determination in this regard is not subject to administrative or judicial appeal. Loans shall be repaid through payroll deductions over a three-year period. Outstanding loan balances must be paid off at the time that an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. 2. City shall retain title, as security, to any equipment purchased with funds from the above-described loans, until such time as 22 Agreement No. 4951 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 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 recommendations for abating unsafe conditions in order to prevent accidents and improve safety in all department operations. 2. Review policies and procedures of the department as they pertain to safety, and make recommendations for correction or change. 3. Review equipment, uniforms, and protective gear to assure their quality as related to safety considerations. W Agreement No. 4951 4. Review accidents related to equipment, apparatus, and facilities, as well as make recommendations regarding any corrective measures needed to limit future occurrences. 5. Issue department safety bulletins at the direction and approval of the Fire Chief. 6. All recommendations will be forwarded to the Fire Chief. He will take any final actions, ensuring compliance with local policies or ordinances, and/or any state or federal regulations. Section 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 - 1000 of the City's expended costs for training. Reimbursement is not required if the City receives credit back from the training program. b. Voluntary separation during the first year following state certification as a paramedic - 100% of the City's expended costs for training. c. Voluntary separation during the second year following state certification as a paramedic - 50% of the City's expended Costs for training. d. Voluntary separation during the third year, and thereafter, following state certification as a paramedic - no reimbursement. 2. The City's costs will be limited to the following: a. Primary Paramedic Training. b. State Accreditation Fee. c. L.A. County Accreditation Fee. Section 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 K11 Agreement No. 4951 disciplines, shall commit to serve as a department instructor for a minimum of two (2) years. Any member who chooses not to honor this commitment will be required to reimburse the City for costs associated with the training according to the following schedule: a. Voluntary separation during the training program - 1008 of the City's expended costs for the training. Reimbursement is not required if the City receives credit back from the training program. b. Voluntary separation from department instructor during the first year following the training course(s) - 1000 of the City's expended costs for the training. c. Voluntary separation from department instructor during the second year following the training course(s) - 500 of the City's expended costs for the training. d. Voluntary separation during the third year, and thereafter, following the training course(s) - no reimbursement. e. Members who voluntarily separate from the City will be exempted from this provision, unless the member leaves within the first six (6) months after completion of the training. 2. To determine reimbursement costs, the City's cost will be limited to the following: a. Fees for the course(s). b. Travel, per them and lodging expense. ARTICLE 18 - EDUCATIONAL REIMBURSEMENT Section 18.01 REIMBURSEMENT FOR COURSES MR Agreement No. 4951 then be authorized to add newly designated courses which the Fire Chief considers appropriate. Section 18.02 REIMBURSEMENT FOR TUITION AND BOOKS 1. An additional benefit will be offered to employees hired after July 5, 1975. Those employees will have the option of receiving reimbursement for tuition and books as outlined below. (The employee may select only one reimbursement option during a calendar year) a. The employee must submit a memo to the Fire Chief detailing courses and the time frame required to obtain job-related Associate or Bachelor degree at an accredited college or university. b. The employee must receive approval (prior to enrollment) from the Fire Chief to receive reimbursement for tuition and books. c. Tuition and book reimbursement is not to exceed $2,000 for each affected employee per calendar year. d. Reimbursement requires obtaining a grade of "C" or higher, and submission of appropriate receipts to the Fire Chief and the Director of Administrative Services. e. The Fire Chief or his/her designee shall keep a log of employees requesting and receiving educational reimbursement. f. Employees must maintain an overall satisfactory department evaluation to remain eligible for educational reimbursement. g. Once approval has been obtained the employee must meet the criteria outlined above to receive the reimbursement. Section 18.03 CITY REIMBURSEMENT AGREEMENT M Agreement No. 4951 Section 18.04 CITY REIMBURSEMENT SCHEDULE 1. Below is the reimbursement schedule for the full months worked between course completion and resignation dates and the percentage of the total reimbursement to be refunded to the City. 1 1000 7 500 2 1000 8 400 3 900 9 30% 4 800 10 20% 5 70% 11 10% 6 60% 12 0% ARTICLE 19 -TEMPORARY APPOINTMENTS Section 19.01 GENERAL 1. Where an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "appreciable period of time" is defined as ten consecutive working days (eight working days if on Four/Ten Plan) or longer. Section 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 FD•O will refer to the Medical Disabilitv Advisor, 2nd Edition, by Presley Reed, ff'-.D.,to as s, i- -s' T 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. 27 Agreement No. 4951 Section 19.04 PARAMETERS FOR CONFERRING 1. The FDPO will confer with the Union to determine whether or not a provisional appointment should be made. Provisional appointments will normally be made when each of the following statements is true: a. An employee to be provisionally appointed is reasonably available and has qualified for the position by competitive examination. b. The provisional appointment is needed to relieve an over burden of staffing replacement hours. c. The provisional appointment will not cause an over burden of staffing replacement hours. d. The provisional appointment does not fall 45 days prior to a promotional examination in the same classification as the provisional appointment. 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 provisional appointment should be made. The recommendation will be made within ten (10) days of a known vacancy and include the agreed upon answers to the statements listed above and/or the agreed upon differences of opinion of the FDPO and the Union. 2. The Fire Chief will consider the recommendation and make the final determination. If the recommendation is not made within ten (10) days, the Fire Chief will make a decision based on the information available at that time. Section 19.06 INTENT OF POLICY 1. This policy shall not be abused or used outside the intent of filling longer-term disability positions, except for dynamic emergency situations that dictate rank for rank rehires. ARTICLE 20 - MAINTENANCE AND REPAIRS Section 20.01 LIMITED MAINTENANCE AND REPAIR Fire Department members shall perform limited maintenance and repair such as outlined below: N1 Agreement No. 4951 a. Members will perform minor, unskilled carpentry maintenance and repair. Such carpentry responsibilities shall not include maintenance or repairs requiring special skills, knowledge, or tools beyond household handyman level. a. Members will perform touch-up painting. Such touch-up painting shall exclude painting of entire walls, rooms, or structures. The foregoing Limited Maintenance Agreement shall pertain to all fire facilities: Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1 1. The City will maintain and clean the administrative office area and greenhouse windows in Fire Station *1. For the purpose of this provision, the administration office area is defined as the lobby, secretarial area, Fire Chief's Office, Fire Prevention Bureau offices, and Conference Room. Unit employees shall continue to be responsible for the maintenance and cleaning of all other areas in this facility and all areas of Fire Station #2 as presently provided. ARTICLE 21 - MATERNITY LEAVE Section 21.01 EQUAL BENEFITS 1. Except as provided herein, a female employee disabled because of pregnancy, childbirth, or a related medical condition shall have the same benefits as are provided to other employees who are temporarily disabled for (non-industrial) medical reasons. Section 21.02 WORKING AND REPORTING 1. It is the employee's right to continue to work while she is pregnant. Members who become pregnant and are physically capable of performing their jobs may, at their discretion, remain in active-duty positions, and are not required to report their condition to the employer. Section 21.03 LIGHT DUTY 1. The City shall transfer a pregnant female employee to a less strenuous or hazardous position for the duration of the employee's pregnancy if she so requests, with the advice of her physician or the employee's other licensed health-care provider, where that transfer can be reasonably accommodated. The position will have an equivalent rate of pay and benefits. However, the WO Agreement No. 4951 City shall not be required to create additional employment that the City would not otherwise have created, nor shall the City be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job. Section 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 disability. The definition of "disabled because of pregnancy" includes that provided in California Code of Regulations Section 7291.2(g) and includes severe morning sickness or the need for time off for prenatal care. The date on which the leave should commence and the date on which the employee shall resume duties, shall be determined by the employee and her physician or the employee's other licensed heath-care provider. Leave may be taken intermittently or on a reduced work schedule when medically advisable, as determined by the employee's physician or her other licensed health-care provider. At the end of the employee's period(s) of pregnancy disability or at the end of four months pregnancy disability leave, whichever occurs first, a California Family Rights Act ("CFRA") eligible employee may request to take CFRA leave of up to 12 workweeks for the birth of her child, if the child has been born by that date. There is no requirement that either the employee or child have a serious health condition in order for the employee to take CFRA leave. There is also no requirement that the employee no longer be disabled by her pregnancy before taking CFRA leave for reason of the birth of her child. Section 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 unforeseen occurrence) the employee shall inform the City of her need for pregnancy disability leave as soon as practicable. a. The City reserves the right to require written confirmation from the employee's physician or the employee's other licensed health-care practitioner that she is or will be disabled by pregnancy, childbirth, or related medical conditions as a condition of granting pregnancy disability leave. b. The City reserves the right to require written verification from the employee's physician or the employee's other licensed health-care practitioner that her disability has ceased before the employee returns to work. 30 Agreement No. 4951 Section 21.06 RETURNING TO WORK 1. When the employee is ready to return from pregnancy leave the employee shall be entitled to return to her original position unless either: a. The job ceases to exist because of legitimate business reasons unrelated to the employee's pregnancy disability leave (e.g., layoff); or b. Each means of preserving the job for the employee would substantially undermine the City's ability to operate safely and efficiently. Section 21.07 COMPARABLE POSITION 1. If the employee cannot return to her original position because of either of the foregoing reasons, she shall be entitled to a comparable position unless either: a. There is no comparable position available; or b. For employees whose pregnancy disability does not qualify as a Family Medical Leave Act ("FMLA") leave, a comparable position is available, but filling the available position with the returning employee would substantially undermine the City's ability to operate safely and efficiently. c, "Employment in a comparable position" means employment in a position, which is virtually identical to the employee's original position in terms of pay, benefits, and working conditions, including privileges, prerequisites and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority. It must be performed at the same or geographically proximate worksite from where the employee was previously employed. it ordinarily means the same shift or the same or an equivalent work schedule. Section 21.08 RIGHTS 1. Nothing contained herein shall limit the rights of the employee under the California Family Rights Act, the Federal Family and Medical Leave Act or other statutory and/or case law. ARTICLE 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. 31 Agreement No. 4951 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 occupational injury and illness policy. 2. When an employee is assigned to light duty the employee shall be assigned to a 40-hour workweek schedule (9-80 schedule) . The attending physician will identify any work restrictions and limitations. The fire administration will determine if an appropriate temporary light duty assignment is available meeting the restrictions detailed by the attending physician. Final approval for temporary light duty assignments rests with the Fire Chief. Temporary light duty assignments shall be for thirty (30) days. The Fire Chief may grant extensions as needed or requested. 3. While on light duty the employee will wear the department- approved uniform. Exceptions to the requirement to wear the department- approved uniform may be granted by the Fire Chief based on the nature of the injury and the work to be performed. 4. In order to return to full duty the employee must provide written documentation per City Practices authorizing the return to unrestricted duty. 5. An employee assigned to temporary light duty may make a request to the Fire Chief for a modified 40-hour workweek and/or work location. The nature of available assignments and the needs of the employee will be considered in the decision. The Fire Chief will consider each request for a modified schedule/ location on a case-by-case basis. Section 22.04 REHIRE POLICIES 1, City officials and Association representatives met and agreed to Rehire/Staffing Policy and Procedures. That agreement is reflected in a revised Rehire/Staffing Policy and Procedures dated December 19, 2003. Either party may cause a reopening of the meet and confer process regarding proposed changes to the Rehire/Staffing Policy and Procedures incorporated herein. There shall be no modification to the Rehire/Staffing Policy and Procedures absent an agreement of the parties to do so. Section 22.05 RANK FOR RANK POLICY 1. The City agrees that when it rehires employees of the Fire Department it will rehire in rank, in accordance with the Rehire/Staffing Procedures, if there is available for rehire an employee holding the same rank as the absent employee. WJ Agreement No. 4951 Section 22.06 DRUG-FREE WORKPLACE POLICY 1. The City of El Segundo Drug-Free Workplace Statement and Substance Abuse Policy (dated July 1, 2008) is accepted by the Union. During the term of this agreement the city shall assess the need for revisions to the Drug-Free Workplace Statement and meet and confer with the Association for any proposed modifications to cause compliance with Lanier v. City of Woodburn. 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. Bumping - Moving to a lower classification or special assignment in which there is no vacancy and displacing an employee who has less seniority in that classification or special assignment as determined by appointment date to the affected classification. 2. Grounds for Lavoffl ........................ a. Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, an employee may be laid off, reduced in classification or displaced (bumped) by another employee. Such layoff, reduction or displacement shall result from action of the City Manager or his/her designee. The City Manager shall recommend to the City Council each classification to be affected by any such change. Employees of the Fire Department shall be laid off in the following order: 1. Temporary, part-time and seasonal employees; 2. Probationary employees; 3. Employees who have finished their probationary period. 3. Notice to Employees a. An Employee filling a full time position shall be given fourteen (14) calendar days notice of layoff, seventeen (17) calendar days if by certified mail, indicating the circumstances, which made the layoff necessary. Employees reduced or displaced (bumped) shall be given five (5) calendar days notice, eight (8) calendar days if by certified mail, indicating the circumstances which made the change necessary. In the event of an emergency, the City Council may approve a reduction in the notice requirements, if so recommended by the City Manager. -93 Agreement No. 4951 4. At-Will Employees a.. The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: Emergency Employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated at-will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. 5. Benefit 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 Lavoff 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 DisiDlacement a. Employees shall be reduced or displaced (bumped) in order of their seniority in the affected classification or special assignment, that is the employee with the least seniority in the classification or special assignment shall be reduced or displaced (bumped) first, followed by the employee with the second least seniority in rank, etc. Seniority shall be determined by promotion or assignment date. Temporary appointments or "Acting" assignment dates shall not be used for the purpose of calculating seniority in rank. For the purpose of this section Fire Paramedic shall be considered below Fire Engineer and above Firefighter. a. Employees shall have the right to bump down to a lower classification or special assignment to which they were previously assigned, provided that the employee has greater seniority in that assignment, thus bumping an employee in that classification or special assignment with the least seniority to a lower classification or special assignment. To bump down into a lower classification or special assignment the employee must qualify for the position including any required certifications or licenses. Employees properly laid off in the bargaining unit shall not have bumping rights to any other City departments. Employees laid off from other departments of the Employer shall not have any bumping rights to positions within Fire Department Suppression Division. M Agreement No. 4951 9. Breaking Ties a. In cases where employees have the same date of hire (i.e. equal seniority), seniority shall be granted to the employee with the highest score on the examination in which the employee participated and received the appointment. The following criteria shall be used to determine seniority (in case of a tie or the testing process is not applicable, the next criteria shall be used). 1. Overall raw score. 2. Raw score of the oral interview. 3. Raw score of the Practical (Engineers) 4. Raw score of the written examination. 5. The earliest date and time of application. 10. Salary Placement 11.Reemployment List 12. Letter 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 M Agreement No. 4951 stating the employee was reduced in status as a result of a layoff and is eligible for reemployment to the higher-level position. 13 2� I o y me nt L a. If the above procedures, except for Section B - Grounds for Layoff and Section D - At ill En LLoyees, are misapplied and adversely affect a laid-off or displaced employee, the adversely affected employee may file an appeal, setting forth what sections of this Section were violated, to the City Manager. Section 22.08 GRIEVANCE PROCEDURE Effective October 1, 2011 1. Purpose a. To promote improved employer-employee relations by establishing procedures for the fair and orderly resolution of disputes between the City and the Union and/or the City and employees represented by the Union. b. To provide that grievances shall be settled as near as possible to the point of origin. c. To provide that the grievance procedures shall be as informal as possible. 2. Definition a. A "Grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this agreement. Such controversy must pertain to any of the following: 1. Any matter involving the application of any provision of this agreement; or 2. Any matter involving the violation(s) of any provision or intent of this agreement; or 3. Any matter that affects the working conditions of the employee or the application of all rules, regulations, Me Agreement No. 4951 policies and/or laws affecting the employees covered by this agreement; or 4. Any protests of ratings or performance evaluations. 3. Evaluations 4. Discipline a. An appeal of discipline is not subject to the grievance procedure. An appeal of discipline is distinct from a grievance in that it is an action taken by an employee to request an administrative review of disciplinary action initiated against him or her and is subject to the following procedure, which shall supersede contrary provisions in Ordinance 586, . Where necessary, the City shall propose necessary modifications to bring the Ordinance into compliance with Government Code § 3254.5 (FBOR.) . Pursuant to Government Code Section 3254.5, the administrative appeal shall be conducted in procedural compliance with Section 11500 et. seq. a. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. 37 Agreement No. 4951 following the presentation of the grievance and giving of such answer will terminate Step 1. 2. Step 2 - If the grievance is not settled in Step 1, the grievance will be presented to the Fire Chief within ten (10) business days after termination of Step 1. A meeting with the employee, Union representative and Fire Chief will be arranged at a mutually agreeable location and time to review and discuss the grievance. 3. Such meeting will take place within ten (10) business days from the date the grievance is received by the Fire Chief. The Fire Chief may invite other members of management to be present at such meeting. The Fire Chief will give a written reply by the end of the seventh (7th) business day following the date of the meeting, and the giving of such reply will terminate Step 2. Step 3 - If the grievance is not settled in Step 2, the grievance will be presented to the City Manager within five (5) business days after termination of Step 2. The Grievant(s) or Union Representative and the City Manager shall, within seven (7) business days after receipt of a grievance initiated at this Step, arrange a meeting to be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) business days from the date the grievance is referred to Step 3. The City Manager will give a written reply by the end of the seventh (7th) business day following the date of the meeting, and the giving of such reply will terminate Step 3. The findings of the City Manager shall be final and binding except as provided in Step 4 below. 5. Step 4 - In cases, and only in such cases, which involve i— -- the alleged violation of the Personnel Ordinance, the Classification and Salary Resolution, the Personnel Rules or a Memorandum of Understanding, the employee may, by written notification to the Director of Administrative Services within two (2) working days, request submission of the issue to the Los Angeles County Civil Service Commission, Public Employee Relations Board (PERB), or Los Angeles County Employee Relations Commission (ERCOM), whichever may apply, stating specifically the paragraphs of the Ordinance, Resolution, Rules or Memorandum of Understanding which the Grievant(s) alleges are being violated. The Director of Administrative Services shall then submit said request, together with copies of all the pertinent forms, documents, and materials concerned, to the Los Angeles County Civil Service Commission, to review all such evidence and information as it relates to the specific violation alleged by the employee(s). W Agreement No. 4951 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 in a paid status, the employee shall not suffer any loss of pay as a result of that appearance. 8. Time Limits a. Time limits and procedures, as set forth above for each of the Steps, may be extended or waived by mutual agreement between the parties, but neither party shall be required to so agree. The parties agree that in the event the Union or any member should fail to comply with any of the time limitations set forth in this Procedure, such failure shall constitute a waiver of its right to prosecute the grievance further, unless good cause exists for the failure and the City has suffered no prejudice as a result. In the event the City or any of its representatives should fail to comply with any of the time limits prescribed in this Procedure, such failure shall compel the City to grant the remedy requested in the grievance. Section 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 M Agreement No. 4951 smoking and/or using tobacco products at any time on or off duty. Section 22.11 MEDICAL EXAMINATION POLICY 1. Effective November 28, 2015, the City shall no longer provide annual medical examinations to members of this bargaining unit. 1. City shall provide military leave in accordance with law. Section 22.13 ELECTION DAY VOTING POLICY 1. Covered employees who are assigned to work on the day of any Federal, State or Municipal elections, who desire to vote, shall be obligated to cast absentee ballots whenever legally available. The parties agree that this provision is not intended to infringe upon any employee voting rights set forth in Section 14000 et. seq. of the California Elections Code. if any portion of this provision is found to violate Section 14000 et. seq., as part of a final adjudication by a court of competent jurisdiction, then the parties agree to discuss alternative voting arrangements for covered employees forthwith which balances employee voting rights and the legitimate scheduling needs of the Fire Department. 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 summons to either commence telephone contact with the jury administrator and/or appear in court.) b. During the first two weeks of Jury Duty, an employee shall be entitled to receive his or her regular compensation. c. For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty period shall be without pay unless, the employee presents written evidence that the court estimated during voire dire that the trial would be of two or less weeks duration, or in the alternative the employee presents written evidence that he/she advised the court that City compensation was limited to two weeks, that the employee asked to be excused because of this hardship, and the request was denied. d. Any compensation for the first two weeks of Jury Duty, except travel reimbursement pay, must be deposited with the Director of Human Resources. Wo Agreement No. 4951 e. While on Jury Duty, the employee must report to work or use vacation leave for the remainder of the employee's scheduled duty days, when relieved of jury duty for the day and prior to the end of the scheduled duty day. f. The employee must provide documentation of his or her daily attendance on Jury Duty. Section 22.15 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT 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 1. The Union shall be provided a bulletin board location at each fire station for its posting of information concerning official Union business and activities. All posting shall contain the date of the posting and the identification of the document as a Union sponsored publication. All postings shall be done by an authorized Union representative. Management shall have a right to remove and/or prevent the posting of materials that contain personal attacks upon the qualifications, skills, credibility, honesty or character of any City employee of any rank. Section 23.02 UNION MEETINGS 1. The Union shall be limited to ten (10) meetings per year during regular business hours. Additional meetings can be held after hours or on weekends. 2. Meetings held during regular business hours shall begin at 0730 hours and end at 1130 hours with employees returning to work details by 1145 hours, except that meetings may be longer with approval of the Fire Chief or his designee. Section 23.03 CONDUCT OF UNION/ASSOCIATION BUSINESS 1. Effective July 1, 2000, each fiscal year representatives designated by the Union shall be entitled to seven (7) twenty- four (24) hour shifts of time with pay in order to attend related conferences, seminars, workshops, meetings, etc. No more than four (4) shifts, or the equivalent number of hours may be taken by any one representative on any one occasion. Time used to participate in the processing of grievances or during the formal "Meet and Confer" process shall be in addition to, and shall not count against, the time off with pay granted above. A maximum of four (4) of these shifts not used during a calendar year may be carried over into the next year, however, in no circumstance shall the Union or its representatives be entitled to more than so Agreement No. 4951 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 Union Dues /Agency Fee Collection 3. The Union shall notify in advance all affected employees and the City if the amount will change. New Hire Notification 42 Agreement No. 4951 1. Should an employee fail to make an election and provide the City a signed copy of the Agency Shop employee election form, the Union shall notify the City, requesting the employee be terminated from employment for failure to make an election. Within ten (10) working days of each new hire in the bargaining unit, the City shall notify the Union of all new hires, providing the Union the employee's name, classification and date of hire. Religious Exemption 1. An employee who is a member of a bona fide religion, body or sect that has historically held conscientious objections to joining or financially supporting a union shall not be required, as a condition of employment, to join the union and pay union dues or pay an agency fee for representation. An employee claiming religious exemption status shall be required to provide to the Union proof of affiliation with such a religious 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 charitable organizations: South Bay Police & Fire Memorial Foundation; Alisa Ann Ruch Burn Foundation; Muscular Dystrophy Association; El Segundo Education Foundation. 1. On an annual basis, the Union shall provide the Human Resources Director with a copy of the Union's certified financial report. The City shall provide the Union a list of all unit members and dues paying status with each union dues check remitted to the Union. Rescission of Agreement Indemnification 1. The Union shall provide full protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of implementing and maintaining this agreement. MR Agreement No. 4951 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 Julv 1, 2003 2. Effective Julv 1, 2006 Section 25.02 OPPORTUNITY TO REVIEW MATERIALS L. No employee shall have any comment adverse to his/her interest entered into the employee's personnel file, or any other file WA Agreement No. 4951 used for any personnel purposes by the employer, without the employee having first read and signed the instrument containing the adverse comment indicating the employee is aware of such comment, except that such entry may be made if after reading such instrument the employee refused to sign it. The employee's signature on the instrument indicates notice of the adverse comment, but does not indicate agreement by the employee with the comment. Should the employee refuse to sign, that shall be noted on that document, and signed by a witness, not a party to the issuance of the instrument. The employee may attach a rebuttal to the instrument containing the adverse remark to be included in the Human Resources or Fire Department personnel file. Section 25.03 TRAINING PUBLIC AND EMPLOYEES 1. As part of their duties, suppression personnel may be required to instruct and participate in training for the public and other City Personnel. Examples of such training and participation include first aid, CPR, CERT, Confined Space Rescue Awareness, breathing apparatus, fire extinguisher operation, and various public education programs. 2. The determination as to whether to use on-duty personnel or off- duty personnel to conduct such training is within the Fire Administration's discretion to decide. If on-duty personnel are used Administration will determine whether to hire back additional personnel. The decision will be based on operational reasons. When personnel are hired back from off duty to instruct or participate in such training they will be paid at a rate consistent with the MOU. ARTICLE 26 - SCHEDULE Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES 1. The work schedule shall be two (2) consecutive twenty-four (24) hour shifts on duty followed by ninety-six (96) consecutive hours off duty, based upon a 24-day work cycle. ARTICLE 27 - TERM Section 27.01 TERM The term of this MOU shall be October 1, 2014 through September 30, 2017. This Agreement shall remain in effect during any negotiations and shall continue to remain in full force and effect until such time as a new agreement is reached. Section 28.01 No layoffs Before instituting any layoffs the in good faith with the Association approaches. Additionally, as the -z of the Fire Paramedic position Paramedic shall be laid off or reorganization. City will agree to meet and confer to explore alternative cost saving esult of the recent reorganization on Engine 32, no existing Fire demoted as the result of such W Agreement No. 4951 ARTICLE 29 - SIGNATURES Section 29.01 SIGNATURES 1. This Memorandum of Understanding, October 1, 2014 to September 30, 2017 including the cover, index, Exhibits I -IV and signature pages, is made and entered into between the Union and the City as amended November 18, 2015. For the" .Union . ,,,` 'Atfdrew Powell President rffre r Y w., e '?� Y Vice - President Clayton Holt .ice President Secretary the Ci: Greg Ca pente r/ Cityr Martha ' D j kstra Director of Human Resources 46 Agreement No. 4951 EXHIBIT I SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS OF PUNITIVE ACTION IINnFR 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 M Agreement No. 4951 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. H. 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 1 The Los Angeles County Civil Service Commission and the El Segundo City Council shall be referred to collectively in these rules as "Commission/ City Council" inasmuch as the same procedures apply to each. Which body conducts the hearing will depend upon the punitive action being appealed. 1111110 Agreement No. 4951 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 I • Agreement No. 4951 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 50 Agreement No. 4951 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- 51 Agreement No. 4951 i. The formal rules of evidence do not apply, although the Presiding Officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. ii. The parties may present opening statements, iii. The parties may present evidence through documents and testimony. aa. Witnesses shall testify under oath. bb. Subpoenas may be issued pursuant to Government Code §§ 11450.05 - 11450.50. cc. If the punitive action being appealed is a written reprimand and /or does not involve a loss of compensation, the parties shall not be entitled to confront and cross - examine witnesses. iv. Following the presentation of evidence, if any, the parties may submit oral and /or written closing arguments for consideration by the Presiding Officer. f. Recording of the Hearing- If the punitive action involves the loss of compensation, then the hearing shall be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript. g. Representation- The firefighter may be represented by an association representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the firefighter. h. Decision- The decision shall be in writing pursuant to Government 52 Agreement No. 4951 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. 53 Agreement No. 4951 EXHIBIT II -A CITY OF EL SEGUNDO FIREFIGHTERS ASSOCIATION Salary Schedule Effective 11/28/2015 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 A 6,705.72 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 Agreement No. 4951 EXHIBIT II -B CITY OF EL SEGUNDO FIREFIGHTERS ASSOCIATION Salary Schedule Effective 10/1/2016 GRADE POSITION STEP BASE Step A 7,978.13 5,708.55 Step B Step B Step C 5,983.41 510 FIRE CAPTAIN Step C 6,272.00 483 FIREFIGHTER Step E 9,651.84 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 Step C 8,774.19 510 FIRE CAPTAIN Step D 9,202.32 Step E 9,651.84 r r > h N h IO W O N r V "It O r IO M W J w O 0 N w N O W O r O v NNO4 h b O O N RO tO to h h w N 'a h to h 00 h > ao r N N W ao a1 to h Zw h.0 N LO _ = z W CI p J N n X 0-1 h J N co W J N' In N O r = d V) t r r M eI E 00 W of i� w �lN � h It N J O O a N to T D r 1 0N r J M r N O M T N N 00 0 7 > In M � CA 0 N O ZW OM 00 O J V E p J o 0 J T a+ r O a+ O aO d 3 t0 r h Oi'tA � h > h In Cl N O r M z W 0 "I I- 0 I`''00 C O J t. 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M h O M r M O r 00 1n '(, > h t0 CA IO 01 W r O as 01 Os '0 J 00 a7 O> O r J r e- r N N M T O r Kf h r N N T h N 00 O > IV d 00 O -4 Z W le 0 O N 00 p J N N Cl) M J r r r r Lq tD r OO ID 01 M � > r r N t0 N z W r V W M O 0 J h M T V h �t eF N O O a 0 n � IO O m O h r W 0 0 r 00 O1 0) � r U) O tO 00 O h a } 00 M M 01 r Q W) LO to0oCl) In O M to 0> M h to W W Wt- w M 00 M W a) w H a1 h r O M Z T T N N LL N CD N N N 94 a¢ m Ulm w w Q U) ice+ r Y Y W z O ~ �a N LL ¢ O V a w ¢ It- LO Agreement No. 4951 Note: Amounts above are monthly longevity rates. EMPLOYEES SCHEDULED FOR NEXT LONGEVITY LEVEL _ . ....... Name _ Current Level Next Level Anniversary Date Allee, Ryan EXHIBIT IV 3 7/12/2021 Level Level Level Level Carpenter, Kevin 1 6.5 Years 13 Years 19.5 Years 26 Years ........... Firefighter ___ ... uuuu _. $426.73 $1036.35 .......... $1645.97 $2377.52 Fire Engineer & Step A $407.77 $990.30 $1572.87 $2271.87 _._ � _ _ w Fire Paramedic _..... Ste B p $427.59 $1038.42 ...._ ......� $1649.26 ,_. -8-2.2 � $2382.26 Engler, Daniel _ Step C $448.39 $1088.95 $1729.51 $_2498.17 __ 2 Step D $4_7_0.24 $1142.00 $1813.76 $2619.88 Heronema, Kevin Step E $493.17 $1197.70 $1902.24 $2747.67 -- ....................v Fire Captain Step A $471.18 � .......... $1144.29 $1817.39 $2625.13 Kruse, Adam Step B $494.16 $1200.10 $1906.05 $2753.18 2 ... . Step C $518.29 $1258.71 $1999.13 $2887.64 Lees, Mark Step D $543.63 ...___.._ _ $1320.25 $2096.87 $3028.82 .� ----------- . 2 Step E $570.24 $1384.87 $2199.50 $3177.06 Note: Amounts above are monthly longevity rates. EMPLOYEES SCHEDULED FOR NEXT LONGEVITY LEVEL _ . ....... Name _ Current Level Next Level Anniversary Date Allee, Ryan 2 3 7/12/2021 Bonfield, Shawn 3 4 11/3/2017 Carpenter, Kevin 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 2 3 3/9/2016 Emerson, Mitchell 1 2 3 10/1/2016 Engler, Daniel _ 1 2 2/6/2019 ___. _._._.m.w__ Gerny, Geoffrey 1 __ 2 ...............- 2/6/2019 Gritzmacher, John ...................... W.... 3 4 3/23/2018 Heronema, Kevin _._. 2 3 11/22/2018 Holt, Clayton 2 3 7/12/2021 Inez, Joseph 1 2 ___ ............... 2/10/2016 Kruse, Adam 1 2 2/6/2019 Larkin, Levi_ 1 2 3/18/2020 Lee, Deena 1 2 _ 2/10/2016 Lees, Mark 3 4 4/11/2017 Mackpra ............................ ..............................w ng, Geoffrey - 1 .� ----------- . 2 9/23/2020 Martinez, Scott 3 4 3/23/2018 Mcllroy, Nathan 2 3 7/12/2021 Partlow, Bryan 1 2 3/18/2020 Agreement No. 4951 Name Current Level Next Level Anniversary Date Powell, Andrew 2 3 7/12/2021 m.... Santagata, Brian ......... 2 .._� _m�..... 3 11/22/2018 Schultz, Kenneth 3 4 ......... van 2 3 .................. � _________ �7/12/2021 .... -- ......_..._.... Stack, Steven 2 3 11/22/2018 Stephens, James 3 ....... . ...... ......... W 4 4/1/2017 Towne, Richard 3 4 11/3/2017 Tulette, James ................................. 3 4 82017 ........... West, Evan N/A 1 12/8/2015 .........__ ............. Zambrano, Jose N/A 1 12/8/2015