CONTRACT 5628 - PERM Memorandum of Understanding Agreement No. 5628
MEMORANDUM OF UNDE IRSTA.NDING
BETWEEN
CIT" OF' EL SEGUNDO
AND
LLQ SEGUNDO FIREFIGHTERS'
ASSOCIATION, . .F.F., LOCAL 3682
OCTOBER 1, 2018 THROUGH. SEPTEMBER 309
2021
Agreement No. 5628
ARTICLE 1 GENERAL PROVISIONS
Section 1 . 01 Preamble Page 1
Section 1 . 02 Recognition Page 1
Section 1 . 03 Management Rights Page 2
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
ARTICLE 2 SALARIES
Section 2 . 01 Salaries Page 4
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 5
Section 2. 05 Base Salary Schedule - Step Advancement Page 5
Section 2. 06 Firefighter Compensation/Probationary
Period Page 6
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 7
ARTICLE 3 Incentive Compensation
Section 3. 01 Paramedic Special Assignment Pay Page 7
Section 3.02 Paramedic License Incentive Page 7
Section 3. 03 Fire Staff Premium Pay Page 8
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 9
Section 3.07 Tiller Premium Pay Page 9
Section 3. 08 Driver' s License Premium Pay Page 9
Section 3. 09 Requesting Incentive Compensation Page 9
ARTICLE 4 EDUCATIONAL PROGRAM
Section 4 . 01 Incentive Pay Page 10
Section 4 . 02 Eligibility Page 10
Section 4 . 03 Continuous Training Page 11
ARTICLE 5 EDUCATIONAL PROGRAMS - TIER TWO
Section 5. 01 Educational Bonus Page 11
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Section 5. 02 Eligibility Page 11
ARTICLE 6 LONGEVITY ACHIEVEMENT PAY
Section 6. 01 Tenure and Compensation Schedule Page 12
ARTICLE 7 LONGEVITY PAY - Tier Two Page 12
ARTICLE 8 INSURANCE ACTIVE EMPLOYEES
Section 8 . 01 Basic Health and Medical Insurance Page 12
Section 8 . 02 Optical Insurance Provider Page 12
Section 8 . 03 Health Insurance Formula Page 12
Section 8 . 04 Dental, Optical and Life Insurance Page 13
Section 8 . 05 Long-Term Disability Insurance Page 13
Section 8 . 06 Catastrophic Leave Program Page 13
Section 8 .07 Long-Term Care Group Insurance Page 14
Section 8 . 08 Medical Insurance Continuation Page 14
ARTICLE 9 INSURANCE RETIRED EMPLOYEES
Section 9. 01 City Sponsored Medical Insurance Plans Page 15
Section 9. 02 Other Medical Insurance Plans Page 15
Section 9. 03 Eligibility Retiree Medical Insurance Page 15
ARTICLE 10 SICK LEAVE
Section 10 . 01 Sick Leave Accrual Page 15
Section 10 . 02 Sick Leave Usage for Family Care Page 16
Section 10 .03 Sick Leave Payment upon Separation Page 16
Section 10 . 04 Sick Leave Pay upon Disability Retirement Page 16
Section 10 . 05 Sick Leave Pay upon Death Page 17
Section 10 . 06 Annual Payment for Hours Over Maximum Page 17
ARTICLE 11 VACATION
Section 11. 01 Accrual - 40-Hour Work Week Page 17
Section 11 .02 Accrual - 24-Hour Shift Page 17
Section 11 . 03 Vacation Eligibility Page 18
Section 11 . 04 Vacation Buy Back Page 18
Section 11 . 05 Vacation Accrual on IOD Page 18
Section 11 . 06 Promotion and Transfer Eligibility Page 18
Section 11 .07 Payout on Termination Page 18
Section 11 . 08 Emergency Use Page 19
ARTICLE 12 OVERTIME
Section 12 . 01 General Page 19
Section 12 .02 Overtime under FLSA Page 19
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Section 12 . 03 Recall/Forced Hire Compensation Page 20
Section 12 . 04 Compensatory Time Off Page 20
ARTICLE 13 DEFERRED COMPENSATION PROGRAM
Section 13. 01 Eligibility / Program Administrator Page 20
Section 13. 02 Deferred Compensation Matching Funds Page 20
ARTICLE 14 RETIREMENT - PERS
Section 14. 01 PERS Retirement Plan Page 21
Section 14 .02 Optional Benefits Page 21
Section 14 . 03 PERS Payment Pick-UP Page 22
ARTICLE 15 UNIFORM AND SAFETY EQUIPMENT
Section 15. 01 Uniform Maintenance Program Page 22
Section 15. 02 Cal OSHA/ Fed OSHA Uniform Requirements Page 22
Section 15. 03 Department Uniform Officer Page 23
ARTICLE 16 BEREAVMENT LEAVE
Section 17 . 01 General Page 23
Section 17 . 02 Use of Other Leaves Page 23
Section 17 . 03 Documentation Page 23
ARTICLE 17 COMPUTER LOAN PROGRAM
Section 17 . 01 General Page 23
Section 17 . 02 Initial Loan Page 24
Section 17 . 03 Eligible Purchases Page 24
Section 17 . 04 Elimination of Computer Loan Program Page 24
ARTICLE 18 SAFETY COMMITTEE
Section 18 . 01 Selecting Members Page 24
Section 18 . 02 Purpose Page 24
Section 18 . 03 Meetings Page 25
ARTICLE 19 TRAINING REIMBURSEMENTS
Section 19.01 Paramedic Training Reimbursement Page 25
Section 19. 02 Department Instructor Training Page 25
ARTICLE 20 EDUCATIONAL REIMBURSEMENTS
Section 20 . 01 Reimbursement for Courses Page 26
Section 20.02 Reimbursement for Tuition and Books Page 27
Section 20. 03 City Reimbursement Agreement Page 27
Section 20 . 04 City Reimbursement Schedule Page 28
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ARTICLE 21 TEMPORARY APPOINTMENTS
Section 21.01 General Page 28
Section 21.02 Method for Filling Vacancies Page 28
Section 21.03 Guidelines Page 28
Section 21.04 Parameters for Conferring Page 29
Section 21.05 Determination of Appointment Page 29
Section 21.06 Intent of Policy Page 29
ARTICLE 22 MAINTENANCE AND REPAIRS
Section 22 . 01 Limited Maintenance and Repair Page 30
Section 22. 02 Administrative Offices (Fire Station #1) Page 30
ARTICLE 23 MATERNITY LEAVE
Section 23. 01 Equal Benefits Page 30
Section 23. 02 Working and Reporting Page 30
Section 23. 03 Light Duty Page 30
Section 23. 04 Leave Page 31
Section 23.05 Notice of Leave Page 31
Section 23.06 Returning to Work Page 32
Section 23. 07 Comparable Position Page 32
Section 23. 08 Rights Page 32
ARTICLE 24 POLICY AND PROCEDURE AGREEMENTS
Section 24 .01 Disability Retirement Appeal Procedures Page 32
Section 24 . 02 Injury on Duty Procedures Page 33
Section 24 . 03 Modified Duty Procedures Page 33
Section 24 . 04 Rehire Policies Page 33
Section 24. 05 Rank for Rank Policy Page 33
Section 24 . 06 Drug-Free Workplace Policy Page 34
Section 24 .07 Layoff and Recall Policy Page 37
Section 24 . 08 Grievance Procedure Page 37
Section 24. 09 Shift Trade Policy Page 40
Section 24 . 10 No Smoking Policy Page 41
Section 24 .11 Medical Examination Policy Page 41
Section 24 . 12 Military Leave Policy Page 41
Section 24 . 13 Election Day Voting Policy Page 41
Section 24 . 14 Jury Duty Page 41
Section 24 . 15 Firefighters Procedural Bill of Rights Page 42
ARTICLE 25 UNION BUSINESS
Section 25. 01 Bulletin Boards Page 42
Section 25. 02 Union Meetings Page 42
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Section 25. 03 Conduct of Union/Association Business Page 42
Section 25. 04 Voluntary Dues Deductions Page 43
ARTICLE 26 HOLIDAYS
Section 26. 01 Accumulation Page 43
Section 26. 02 Annual Payment Page 44
Section 26.03 PERS Pick-Up Page 44
ARTICLE 27 MISCELLANEOUS
Section 27 . 01 Promotional Examination Requirements Page 44
Section 27 .02 Opportunity to Review Materials Page 45
Section 27 . 03 Training Public and Employees Page 45
ARTICLE 28 SCHEDULE
Section 28 .01 Schedule - Suppression Employees Page 46
ARTICLE 29 TERM
Section 29.01 Term Page 46
ARTICLE 30 LIMITED LAYOFFS
Section 30. 01 No Layoffs Page 46
ARTICLE 31 SIGNATURES
Section 31 .01 Signatures Page 47
EXHIBIT I S ple eatel Procedures for Appeals Page 48
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Fire i,jhters of Punitive Action Under
the Feficjhters Procedural. Bili. of Rights
Agreement No. 5628
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.
2 . The parties have met and conferred in good faith regarding
employment conditions and it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1. 08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. Nothing herein prevents the City from meeting and
conferring with the Union on proposed changes to the City' s
Personnel Rules and Regulations, which are within the scope of
representation.
Notwithstanding the above, the Parties agree that during the term of
this Memorandum, either party may re-open this Memorandum and
require the other party discuss the following items :
(a) Modification to the Municipal Code
(b) Arbitration of claims
(c) Worker' s Compensation Carve Out Program
(d) Education Reimbursement Program
However, no changes shall be made with respect to any of the above
items without mutual agreement by the parties.
3. Any and all prior or existing Memoranda of Understanding, Letters
of Agreement, Addendums, Side Letters, and other such documents
between the parties are hereby superseded and terminated in their
entirety, whether or not the specific subject matter of any such
document is addressed herein.
Section 1.02 RECOGNITION
1 . The City hereby confirms its recognition of the Union as
representative of the employees in the representation unit
containing positions specifically set forth below, and has agreed
to meet and confer with the Union on all matters relating to the
scope of representation pertaining to the said employees as
authorized by law. For representation purposes, the unit shall
consist of the following positions: Firefighter, Fire Paramedic,
Fire Engineer, and Fire Captain. The Union was also recognized to
represent the previous position of Special Assignment Paramedic.
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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,
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
(1989) 257 Cal .App. 3rd 1568, 255 Cal .Pptr. 688 regarding pi.,lbllc
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
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Memorandum of Understanding are covered by existing ordinances,
resolutions, policies, and practices of the City, as well as the
Personnel Rules and Regulations presently in effect. Therefore,
for the life of this agreement, neither party shall be compelled
to meet and confer with the other concerning any mandatory meet
and confer issues whether specifically discussed prior to the
execution of this agreement or which may have been omitted in the
discussions which led up to the execution of this agreement,
except as provided in this agreement or by mutual agreement of
parties .
2 . Nothing herein prevents the City and 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
1 . The Union and the City recognize and agree to protect the rights
of all employees to join and/or participate in the protected
Union activities or to refrain from joining or participating in
protected activities in accordance with Government Code Sections
3500 through 3510 .
2 . The City and the Union agree that they shall not illegally
discriminate against any employee because of race, color, sex,
age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal
employee opportunities for all employees . The City and the Union
shall reopen any provision of this agreement for the purpose of
complying with any final order of a Federal or State agency or
court of competent jurisdiction requiring a modification or
change in any provision or provisions of this agreement dealing
with State or Federal anti-discrimination laws .
Section 1.08 NOTICE TO MEET AND CONFER
1. Except in cases of emergency as provided in Government Code
Section 3504 . 5, the governing body of a public agency, and
boards and commissions designated by law or by such governing
body, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule,
resolution, or regulation directly relating to matters within
the scope of representation proposed to be adopted by the
governing body or such boards and commissions and shall give
such recognized employee organization the opportunity to meet
with the governing body or such boards and commissions .
2 . In cases of emergency when the governing body or such boards or
commissions determine that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or
meeting with a recognized employee organization, the governing
body or such boards, and commissions shall provide such notice
and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution, or
regulation.
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ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1 . 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.
2 . Effective November 23, 2018, the base salary of each represented
employee shall be increased by nine percent (9%)
3. Effective the pay period that includes October 1, 2019, the base
salary of each represented employee shall be increased by two and
one-half percent (2 . 5%) .
4 . Effective the pay period that includes October 1, 2020, the base
salary of each represented employee shall be increased by two and
one-half percent (2 . 5%)
5. 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 .
6. The Parties agree to re-open the MOU, at the City' s option, if
the City determines that it is facing a fiscal hardship.
However, no changes shall be made based upon this re-opener
without mutual agreement by the parties .
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 483 Steps A - F
Fire Engineer 497 Steps A - E
Fire Paramedic 497 Steps A - E
Fire Captain 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
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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 USC § 207 (e) within the
Fair Labor Standards Act ("FLSA") . The term "regular rate of
pay" as used in this MOU is intended to be consistent with the
definition assigned in the FLSA as described in 29 USC § 207 (e) .
Therefore, the regular rate of pay is the remuneration paid to or
on behalf of the employee except for those items excluded from
the regular rate of pay as set forth in 209 USC § 207 (e) (1-8 . )
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.
The regular rate of pay is derived by taking all remuneration
paid to or on behalf of the employee except for the excluded
items as set forth in 29 USC 207 (e) (1-8) then dividing this number
by the number of hours regularly scheduled in a standard two week
pay period.
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
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Agreement No. 5628
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.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
1 . 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
1 . In all cases where an employee is promoted to a classification
for which a higher rate of compensation is provided, then such
employee so promoted shall enter into such higher classification
at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of
the base rate of the affected employee.
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) .
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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
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 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 V.
2 . The members qualifying for this incentive may be utilized on
paramedic assessment apparatus. These employees will be used on
rescue ambulances to cover for members in the special assignment
paramedic status when no special assignment paramedic can be
reasonably called in from off duty. When no Fire Paramedic can be
reasonably called in from off duty, then the following procedure
will be used.
a. If the opening occurs on a rescue ambulance, move the
special assignment paramedic from the assessment apparatus
to the rescue ambulance.
b. Move an on-duty qualified paramedic Engineer or Captain to
the assessment apparatus and hire back a Firefighter (the
on-duty Battalion Chief will decide based on operational
need as to which on-duty member would best be moved. )
c. If there is no on-duty qualified paramedic Engineer or
Captain, check availability for an off-duty qualified
paramedic Engineer or Captain who has signed up and attempt
to rehire (Engineers will be considered first then
Captains . )
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d. If there are none on the availability rehire list, then
attempt to force hire an off-duty qualified paramedic
Engineer or Captain (Engineers will be force hired first
before Captains . )
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.
3. Members who have never been certified/licensed or who have
decertified (no longer licensed) and seek certification or
recertification (licensure) will be sponsored by the City at the
member' s request. Certification, recertification or licensure
shall be at the member' s own time and expense including all fees
for testing, licensure and any other associated costs with the
exception of continuing education currently provided by the
City' s EMS Educator. Educational reimbursement will not be
provided for outside training required for the initial
recertification/licensure, 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 (15%)
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.
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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.
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.
2 . The City will provide the training and the means (i.e. ,
equipment) to obtain the Class "C" license with a firefighter
endorsement qualified to operate a class "A" vehicle. In the
event the City elects not to provide the training or means to
obtain the required license, the requirement for the respective
license shall be dropped until such time as the City again
provides the said training and means .
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 Required Proof
Paramedic License Incentive: Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
Educational Program - EMT-D A current EMT-D certification
Educational Program - Units Official or unofficial transcript
listing required units .
Educational Program - Certificate Certificate, or official or
unofficial transcript listing
certificate earned.
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Agreement No. 5628
Educational Program - Degrees Diploma, or official/unofficial
transcript listing degree earned
or showing that the requirements
have been met.
2 . In addition, for incentive items that are renewed (Paramedic and
EMT-D, ) members must provide proof of renewal prior to the date
of expiration of the last provided proof of eligibility.
Failure to provide proof prior to the expiration will result in
the loss of the effected incentive compensation, retroactive
back to the date of expiration. The employee can have the
incentive pay reinstated in the first payroll period following
provision of proof of eligibility. The reinstatement shall be
retroactive to the date the member met the qualifications for an
incentive item as indicated in the proof of eligibility.
ARTICLE 4 - EDUCATIONAL PROGRAMS - TIER ONE
Section 4.01 INCENTIVE PAY
1 . Members of this bargaining unit hired on or before November 28,
2015 shall be eligible for Educational Incentive Pay for
achieving the following education levels in the amountss set
forth in Exhibit III, attached and incorporated into this MOU.
Members of this bargaining unit who achieve one of the following
levels after September 30, 2021 shall not be eligible for the
additional Education Incentive Pay associated with that level.
a. Fire Science Certificate or successful completion of twenty
units of college level courses in Fire Science;
b. Associate of Arts Degree with at least twenty units in Fire
Science;
C. Bachelor' s Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief.
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 described above.
3 .
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.
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Section 4.03 CONTINUOUS TRAINING
1 . The City currently provides the training and the means to obtain
the EMT-D certification and the Class "B" Restricted Driver' s
License. In the event the City elects not to provide the
training or means to obtain the required certification or
license, the requirement for the respective certification or
license shall be dropped and otherwise qualified employees shall
remain eligible for educational incentive pay until such time as
the City again provides the said training and means .
ARTICLE 5 -EDUCATIONAL PROGRAMS -- TIER TWO
Section 5.01 EDUCATION BONUS
Bargaining unit members hired after November 28, 2015, shall be
eligible for a monthly Education Bonus upon achieving the following
education levels in the amounts set forth below. In order to receive
an Education Bonus, the represented employee must have received a
satisfactory score on his/her most recent performance evaluation.
The Education Bonus shall not be reflected on any City pay or salary
schedule and shall not be reported to CalPERS as compensation
earnable:
Bachelor' s Degree $500 monthly
Master' s Degree $900 monthly
The above amounts shall not be cumulative.
Section 5.02 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 the Education Bonus as provided herein. Each employee
who qualifies for Education Bonus shall remain eligible during the
course of his/her employment with the City, with the following
exceptions: After qualifying for the Education Bonus, an employee
shall cease to receive such Bonus during any time period that: the
employee does not meet the requirements for Education Bonus; 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 Education
Bonus under the terms stated above shall have their Education Bonus
reinstated the first payroll period following his/her re-
qualification. The City agrees that it will provide performance
evaluations of individuals receiving below satisfactory evaluation at
least once every six months and that if it does not provide a new
evaluation to such an individual, he/she shall commence receiving the
Education Bonus six months after the below satisfactory evaluation.
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Agreement No. 5628
ARTICLE 6 - LONGEVITY PAY
Section 6.01 TIER ONE
1. Members of this bargaining unit hired on or before November 28,
2015 shall be eligible for Longevity Pay, as set forth in
Exhibit IV, attached and incorporated into this MOU.
ARTICLE 7 - LONGEVITY PAY - TIER TWO
1.. Bargaining Unit members hired on or after November 28, 2015,
shall be eligible for Longevity Pay as follows :
6 years of service - $500 monthly
13 years of service -$700 monthly
20 years of service -$900 monthly
The Longevity payments in this section are as set forth in
Exhibit V, attached and incorporated into this MOU
ARTICLE 8 - INSURANCE ACTIVE EMPLOYEES
Section 8.01 BASIC HEALTH AND MEDICAL INSURANCE
1. The City will consult with employees through the insurance
committee and consider all suggestions and presentations on the
types of insurance plan or plans to be purchased. The City
reserves the right to determine the insurance carrier with whom
the City will contract for coverage.
Section 8.02 OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
Section 8.03 HEALTH INSURANCE FORMULA
1. Effective January 2019 and for the duration of calendar year
2019, the maximum monthly City-paid health insurance premium
contribution for medical health insurance shall be $1, 500.
2 . Effective January 2020 and for the duration of calendar year
2020, the maximum monthly City-paid health insurance premium
contribution for medical health insurance will be $$1, 575.
3. Effective January 2021 and for the remainder of the term of this
MOU, the maximum monthly City-paid health insurance premium
contribution for medical health insurance will be $1, 650 .
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Agreement No. 5628
4 . 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 8.04 DENTAL, OPTICAL AND LIFE INSURANCE
1 . Effective January 2019, the City shall pay 1000 of the premiums
for the agreed-upon dental, optical and life insurance for
employees and eligible dependents to the maximum of $135 per
month. The City will apply the maximum dollar amount to the
payment of the various premiums in the following order: (i)
optical, (ii) life, and (iii) dental. The City will extend
dental coverage for dependents to the age of 26 as is the
current practice for medical insurance.
Section 8.05 LONG-TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 100% of
premiums for California Association of Professional Firefighters
reported to the taxing authorities as ordinary income of the
employees .
2 . An employee who has qualified for Long-Term Disability as a
result of an injury or illness shall be required to implement a
50/50 integration benefit (50% of the available LTD benefit
being funded by any and all accrued leaves) under the LTD Plan
after their FMLA time expires . This 50/50 option will continue
until the employee returns to duty, terminates employment, or
exhausts all accrued Leaves . During use of the integration
benefit process, the City will continue the employee' s medical
insurance and retirement payments as if the employee were not on
Leave.
3 . Employees of the Firefighters Bargaining Unit may participate in
the City' s Catastrophic Leave Program. Members on Long-Term
Disability Leave, upon exhausting all accrued leaves, will be
considered for the use of the City' s Catastrophic Leave Program.
Section 8.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows :
a. Purpose
To establish a program whereby City employees may donate
accumulated time to a catastrophic sick leave bank to be used by
permanent part-time and full-time employees who are
incapacitated due to a catastrophic illness or injury.
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Agreement No. 5628
b. Definition
A catastrophic illness or injury is a chronic or long term
health condition that is incurable or so serious that, if not
treated, it would likely result in a long period of incapacity.
C. Procedures
There is established a joint-employer/employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Employees may transfer sick leave, vacation or compensatory
leave to the Catastrophic Leave Bank to be donated to an
employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made
on July 1 of each year on forms provided by the City of El
Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and
distribution of information regarding his/her situation.
Sick Leave, vacation and compensatory time leave donations will
be made in increments of no less than one day. These will be
hour for hour donations.
Employees must, at the time of donation, have a minimum of one
hundred (100) hours of accumulated illness/injury leave remaining
after a donation has been made.
5. The donation of time is irrevocable. Should the recipient
employee not use all of the donated time for the catastrophic
illness or injury, any balance will remain in the Catastrophic
Leave Bank to be administered by the committee and utilized for
the next catastrophic leave situation.
Section 8.07 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 8 .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.
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Agreement No. 5628
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 9 - INSURANCE RETIRED EMPLOYEES
Section 9.01 CITY SPONSORED MEDICAL INSURANCE PLANS
1. The City will pay 100% of the premium for the agreed upon health
insurance, under the City' s insurance plans, for retired
employees and eligible dependents, to the maximum dollar amount
being equal to the contribution made for current employees with
coverage which is the same as that of the retiree.
Section 9.02 OTHER MEDICAL INSURANCE PLANS
1 . The City shall contribute up to $120 . 00 per month to employees
who service retire while under the employ of the City of El
Segundo toward any medical insurance coverage which the retiree
should select for himself or herself if the selected medical
coverage is not provided under the City' s insurance plans.
Retirees with non-City medical coverage shall submit proof of
their annual coverage for medical insurance to the City at any
time during the year and the City will issue them a reimbursement
check. Partial year coverage shall be compensated on a pro-rated
basis .
2 . The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
City contribution to medical insurance. The monthly limitation
for such employees shall be $75. 00 .
Section 9.03 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 10 - SICK LEAVE
Section 10.01 SICK LEAVE ACCRUAL
1 . Permanent employees shall accumulate sick leave at the rate of
one eight-hour day accumulation for each month' s service not to
exceed a maximum of 1056 hours . Members of the Fire Service in
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Agreement No. 5628
the positions of Firefighter, Fire Paramedic, Fire Engineer, and
Fire Captain who work shifts shall accumulate sick leave at the
rate of one twelve-hour day accumulation for each month' s
service, not to exceed a maximum of 1584 hours . Sick leave
shall be available for immediate use beginning from date of
hire.
Section 10.02 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 10.03 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.
b. 90% after twenty (20) years of service.
2 . Employees with 25 years or more of City service who have reached
age 47 or more may, in each of their final three years of
employment, cash out up to 1/3 of their accrued unused sick
leave up to a maximum of 90% as long as they maintain a 120 hour
post distribution balance during employment. The cash out is
limited to one time per calendar year with the exception of the
final 1/3 cash out to be made on separation. The first two
payments are limited to the maximum dollar value of deferred
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 10.04 SICK LEAVE PAY UPON DISABILITY RETIREMENT
1 . Employees separating from service because of a disability
retirement, after five (5) years of service, will be compensated
at 90% of the employee' s accumulated, unused sick leave at the
same rate the employees would have received had he/she used the
benefits to receive full pay while absent on the date of the
cash-out payment. Effective October 1, 2016, employee' s sick
leave shall be paid at the base hourly rate set forth on the
salary schedule.
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Agreement No. 5628
Section 10.05 SICK LEAVE PAY UPON DEATH
1. Employees who die while under the employ of the City will
receive 75% of their accrued unused sick leave. Benefits shall
be paid to employee' s beneficiaries and/or estate at the
"regular rate of pay". Effective October 1, 2016, employee' s
sick leave shall be paid at the base hourly rate set forth on
the salary schedule.
Section 10.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. On the first day of December of each year, employees who
maintain a balance of 1056 hours (Firefighters assigned to fire
suppression, 1584 hours) of Sick Leave accrual shall be paid at
the %Nregular rate of pay" for one-half the Sick Leave
accumulated and not used during the preceding twelve-month
period. Payment shall be made on or before December 10 .
Effective October 1, 2016, employee' s sick leave shall be paid
at the base hourly rate set forth on the salary schedule.
ARTICLE 11 - VACATION LEAVE
Section 11.01 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;
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 11.02 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.
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Agreement No. 5628
Section 11.03 VACATION ELIGIBILITY
1. One (1) captain, one (1) engineer, one (1) paramedic and one (1)
firefighter per shift shall be granted vacation leave upon
approved application being made and consistent with the needs of
the Department. Effective October 1, 2011, the use of unsecured
vacation shall be allowed, as provided by the rehire policy,
more than one member in a rank per shift will be able to use
accrued vacation time.
2 . Vacation leaves may be taken only after an employee has
completed one year' s continuous service with the City.
Section 11.04 VACATION BUY BACK
1 . Each affected employee shall be provided the option of
converting one hundred percent (100%) of annual accrued vacation
leave to cash, at the base hourly rate of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
Section 11.05 VACATION ACCRUAL ON IOD
1 .. An employee on a City approved industrial disability leave may
exceed his/her maximum vacation accrual by 50% of his/her annual
vacation leave. (Example: employee on IOD with 288 hours accrued
vacation may accrue an additional 72 hours, i.e. 50% of his 144
annual accrual) .
Section 11.06 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 11.07 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.
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Agreement No. 5628
Section 11.08 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 12 - OVERTIME
Section 12.01 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
acknowledgeY pay employee' s12 PERS
memberon °°contribution C and do consequently uentl th employer er a d........... .
q y p y p member
contribution of 4°-12% 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.
In determining an employee' s eligibility for overtime compensation in
a work period, "sick leave" shall be excluded from the total hours
worked.
4 . 56- HOUR SUPPRESSION ASSIGNMENT- The work period for all
employees assigned to a 56-hour suppression assignment (56 hr.
employees) shall be a 56-hour week, consisting of eight (8) ,
twenty-four-hour shifts within a 24-calendar day "FLSA cycle" .
The employer shall pay premium pay of 1. 5 times the regular rate
of pay for all hours worked in excess of 182 hours within the 24-
calendar day cycle. Ten (10) hours of FLSA overtime pay is
considered "regularly scheduled overtime, " thus premium pay
reportable to CalPERS as normal hours worked.
Section 12.02 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
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Agreement No. 5628
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 12.03 FORCED HIRE COMPENSATION
1 . Effective July 1, 2006
a. Notwithstanding Section 10 . 01, employees subject to forced
rehire shall be paid a minimum of four (4) hours at time and
one-half (it is understood that pursuant to the Fire
Department' s practice/procedure, recall is a form of forced
rehire) . The Battalion Chief will release a recalled/rehired
suppression employee when there is no circumstance justifying a
hold-over of the person or whenever scheduling does not justify
a hold-over of the person.
Section 12.04 Compensatory Time Off
Effective November 23, 2018, employees may elect to convert straight
time hours worked in excess of 112 in a 12-day period to compensatory
time off (CTO) . Employees will be paid in cash for the half time
"premium" portion of such hours and will be credited with having
worked these hours for purposes of calculating overtime. Employees
may accrue up to a maximum of 144 hours (6 shifts) of CTO.
ARTICLE 13 - DEFERRED COMPENSATION PROGRAM
Section 13.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1 . Union members are eligible to participate in the City' s approved
deferred compensation programs . The contributions made to this
program shall be borne solely by the employee (i.e. no City
contributions) . In the event the City contemplates changing the
program administrator, the City will first consult with the
Union.
Section 13.02 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.
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Agreement No. 5628
ARTICLE 14 - RETIREMENT - PERS
Section 14.01 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 14.02 OPTIONAL BENEFITS
1. The City of El Segundo has modified its PERS contract to provide
the following Optional Benefits :
a. Post-Retirement Survivor Allowance - in accordance with
Government Code Sections 21624 and 21626
b. Military Service Credit as Public Service - employees may
elect to receive such credit for prior military service in
accordance with Section 21024 of the California Government
Code.
c. Fourth Level of 1959 Survivor Benefits - in accordance with
Government Code Section 21574
d. Pre-Retirement Option 2W Death Benefit - in accordance with
Government Code Section 21548
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Agreement No. 5628
Section 14.03 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 .
3. Effective November 23, 2018, "classic" members, as defined by
the California Pension Reform Act of 2013 (AB340) , shall make an
additional contribution to CalPERS of three percent (3%) of
compensation earnable simultaneously with the salary increase
identified in Section 2. 01 . (These employees shall pay an
amount equal to twelve (12) percent of compensation earnable as
the employee contribution to PERS) . ' These deductions shall be
pre-tax and be pursuant to California Government Code section
20516 (f) until such time as the City amends its contract with
CalPERS to make the deduction pursuant to California Government
Code section 20516 (a) .
ARTICLE 15 -- UNIFORM AND SAFETY EQUIPMENT
Section 15.01 UNIFORM MAINTENANCE PROGRAM
1 . Each newly hired employee within a represented classification
shall be provided at City cost, with three (3) complete
uniforms. A "complete" uniform shall be defined as including
required badges, patches, shirts, pants, boots, jackets, jacket
liner, belt, tie, tie clip, hat, hat piece, collar piece, name
tags and buckles . Further, the City shall at its own cost
replace items fitting within the aforesaid uniform description
where such items are rendered unserviceable through normal wear
and tear. If boots can be re-soled without negatively impacting
integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being
replaced consistent with this section shall be final and binding
and shall not be subject to a grievance procedure or to judicial
review.
2 . Effective November 28, 2015, a uniform allowance shall no longer
be provided to members of this bargaining unit.
Section 15.02 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
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Agreement No. 5628
shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
Section 15.03 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 16 - BEREAVEMENT LEAVE
Section 16.01 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 16.02 USE OF OTHER LEAVES
1 . No other emergency leave shall be provided, except as outlined
in Sections 8 . 02 and 9. 10 .
Section 16.03 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 17 - COMPUTER LOAN PROGRAM
Section 17.01 GENERAL
1 . Contingent upon the City determining that sufficient funds exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. The City' s
determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll
deductions over a three-year period. Outstanding loan balances
must be paid off at the time that an employee separates from
City service and the City shall be authorized to recover any
loan balance by making deductions from the employee ' s final
check.
2 . City shall retain title, as security, to any equipment purchased
with funds from the above-described loans, until such time as
the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
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Agreement No. 5628
3. "After-the-fact" financing is allowed only with prior approval
of the Director of Finance or his/her designee.
Section 17.02 INITIAL LOAN
1. All participants to the loan program will be eligible for an
initial, interest free loan in the amount of $4, 000 (four
thousand dollars) . An employee with an outstanding balance on a
prior computer loan as of July 1, 1997, will have that amount
currently due from the previous loan subtracted from the amount
the employee can borrow interest free under this program.
Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 3% . All
loans would include a 36-month repayment term.
Section 17 .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 .
Section 17.04 ELIMINATION OF COMPUTER LOAN PROGRAM
Effective November 23, 2018, the Computer Loan Program shall be
eliminated for members of this Unit. The City shall honor the
computer loan request from the one Unit member who has submitted
such request prior to November 23, 2018, subject to the
guidelines of the program.
ARTICLE 18 - SAFETY COMMITTEE
Section 18.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall at a minimum consist
of one member from each suppression position: Battalion Chief,
Captain, Engineer, Firefighter/Paramedic, and Firefighter. Each
position shall select their volunteer representative. If there
are no volunteers, the Fire Chief may appoint a position
representative. Review of the representatives shall be made at
approximately 18-month intervals, and/or at the request of the
committee at any time. In addition to being comprised of
suppression personnel, the Safety Committee shall also consist
of one member from the Fire Prevention Division and one member
from the Environmental Safety Division.
Section 18.02 PURPOSE
1 . Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations .
2. Review policies and procedures of the department as they pertain
to safety, and make recommendations for correction or change.
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Agreement No. 5628
3. Review equipment, uniforms, and protective gear to assure their
quality as related to safety considerations .
4 . Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
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 18.03 MEETINGS
1 . The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 19 - TRAINING REIMBURSEMENT
Section 19.01 PARAMEDIC TRAINING REIMBURSEMENT
1 . Employees who participate in the Paramedic Training Program will
be required to reimburse the City, for the cost associated with
training paramedics upon voluntary separation from City service.
The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program
- 100% of the City' s expended costs for training.
Reimbursement is not required if the City receives credit
back from the training program.
b. Voluntary separation during the first year following state
certification as a paramedic - 1000 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.
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Agreement No. 5628
Section 19.02 DEPARTMENT INSTRUCTOR TRAINING
1 . Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
disciplines, shall commit to serve as a department instructor
for a minimum of two (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 - 100% 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) - 100% of the
City' s expended costs for the training.
c. Voluntary separation from department instructor during the
second year following the training course (s) - 50% of the
City's expended costs for the training.
d. Voluntary separation during the third year, and thereafter,
following the training course (s) - no reimbursement.
e. Members who voluntarily separate from the City will be
exempted from this provision, unless the member leaves
within the first six (6) months after completion of the
training.
2 . To determine reimbursement costs, the City' s cost will be
limited to the following:
a. Fees for the course (s) .
b. Travel, per diem and lodging expense.
ARTICLE 20 — EDUCATIONAL REIMBURSEMENT
Effective November 23, 2018, members of this Unit shall no longer be
eligible for Educational Reimbursement under this Article. However,
since there is a re-opener on this subject during the term of this
Agreement, the parties have agreed to retain the language below for
historical reference only.
FOR HISTORICAL REFERENCE ONLY
Section 20.01 REIMBURSEMENT FOR COURSES
1 . For unit employees hired after July S. 1975, the City will pay
the employee $375 for each job related course (3-unit semester
or 4-unit quarter system) the employee completes at an
accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee' s
non-work hours in which a minimum "C" grade or certificate is
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Agreement No. 5628
received in said course. The employee is required to obtain the
prior approval of the Fire Chief. The maximum an employee can
receive in any calendar year period is $2, 000 .
2 .. During the term of this agreement, the parties shall confer
regarding designation of those California State Fire Academy
courses which shall result in eligibility for reimbursement.
The designation of classes shall include, but need not be
limited to those classes that previously have been approved.
Once the initial designation list has been compiled, the Fire
Chief shall first confer with Union representatives and shall
then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
Section 20.02 REIMBURSEMENT FOR TUITION AND BOOKS
1 . An additional benefit will be offered to employees hired after
July 5, 1975. Those employees will have the option of receiving
reimbursement for tuition and books as outlined below. (The
employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing
courses and the time frame required to obtain job-related
Associate or Bachelor degree at an accredited college or
university.
b. The employee must receive approval (prior to enrollment)
from the Fire Chief to receive reimbursement for tuition
and books .
c. Tuition and book reimbursement is not to exceed $2, 000 for
each affected employee per calendar year.
d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fire Chief
and the Director of Administrative Services .
e. The Fire Chief or his/her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
f. Employees must maintain an overall satisfactory department
evaluation to remain eligible for educational
reimbursement.
g.. Once approval has been obtained the employee must meet the
criteria outlined above to receive the reimbursement.
Section 20.03 CITY REIMBURSEMENT AGREEMENT
1 . Employees who participate in the Educational Reimbursement
Program will be required to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully
completed the course (s) , receiving at least a grade of "C"
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Agreement No. 5628
or better. " (Attach copy of grade verification) "Further,
I agree to refund the City or have deducted from my final
paycheck any Educational Reimbursement funds received under
this program if I should leave the City' s employ,
voluntarily or through termination, with cause, within one
year after completion of the course work for which I am to
receive reimbursement, in accordance with the following
schedule. "
Section 20.04 CITY REIMBURSEMENT SCHEDULE
1 . Below is the reimbursement schedule for the full months worked
between course completion and resignation dates and the
percentage of the total reimbursement to be refunded to the
City.
1 100% 7 50%
2 100% 8 40%
3 90% 9 30%
4 80% 10 20%
5 700 11 10%
6 60% 12 0%
ARTICLE 21 -TEMPORARY APPOINTMENTS
Section 21.01 GENERAL
1 . Where an employee is qualified for and is required for an
appreciable period of time to serve temporarily in and have the
responsibility for work in a higher class or position, when
approved by the City Manager, such employee, while so assigned,
shall receive the entrance salary rate of that class or whatever
step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this
section, "appreciable period of time" is defined as ten
consecutive working days (eight working days if on Four/Ten
Plan) or longer.
Section 21.02 METHOD FOR FILLING VACANCIES
1. Rank for rank rehires shall be the standard method used for
filling vacancies with the exception of long term vacancies
expected to be longer than eight (8) weeks .
Section 21.03 GUIDELINES
1 . Long-term vacancies (more than 8 weeks) may be filled with
provisional appointments made at the direction of the Fire
Chief. The following guidelines shall be used when considering
filling a vacancy by provisional appointment.
a. The Fire Department Personnel Officer (FDPO) shall obtain a
diagnosis in writing from the attending physician.
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Agreement No. 5628
b. The FDPO will refer to the Medical Disability Advisor, 2nd
Edition, by Presley Reed, M.D. , to assist in determining
the duration of the employee' s absence. This would be the
average of the minimum and maximum expected length of
disability in the category for very heavy work.
Section 21.04 PARAMETERS FOR CONFERRING
1 . The FDPO will confer with the Union to determine whether or not
a provisional appointment should be made. Provisional
appointments will normally be made when each of the following
statements is true:
a. An employee to be provisionally appointed is reasonably
available and has qualified for the position by competitive
examination.
b. The provisional appointment is needed to relieve an over
burden of staffing replacement hours.
c.. The provisional appointment will not cause an over burden of
staffing replacement hours .
d. The provisional appointment does not fall 45 days prior to a
promotional examination in the same classification as the
provisional appointment.
e. The provisional appointment can be reasonably justified as an
operational necessity.
Section 21.05 DETERMINATION OF APPOINTMENT
1 . The FDPO and the Union will reduce to writing a recommendation
to the Fire Chief as to whether or not a provisional appointment
should be made. The recommendation will be made within ten (10)
days of a known vacancy and include the agreed upon answers to
the statements listed above and/or the agreed upon differences
of opinion of the FDPO and the Union.
2 . The Fire Chief will consider the recommendation and make the
final determination. If the recommendation is not made within
ten (10) days, the Fire Chief will make a decision based on the
information available at that time.
Section 21.06 INTENT OF POLICY
1 . This policy shall not be abused or used outside the intent of
filling longer-term disability positions, except for dynamic
emergency situations that dictate rank for rank rehires .
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Agreement No. 5628
ARTICLE 22 - MAINTENANCE AND REPAIRS
Section 22.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
1.. CARPENTRY
a. Members will perform minor, unskilled carpentry
maintenance and repair. Such carpentry responsibilities
shall not include maintenance or repairs requiring
special skills, knowledge, or tools beyond household
handyman level .
2. PAINTING
a. Members will perform touch-up painting. Such touch-up
painting shall exclude painting of entire walls, rooms,
or structures .
The foregoing Limited Maintenance Agreement shall pertain to all fire
facilities:
Section 22.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
1 . The City will maintain and clean the administrative office area
and greenhouse windows in Fire Station #1. For the purpose of
this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chief's Office, Fire Prevention
Bureau offices, and Conference Room. Unit employees shall
continue to be responsible for the maintenance and cleaning of
all other areas in this facility and all areas of Fire Station
#2 as presently provided.
ARTICLE 23 - MATERNITY LEAVE
Section 23.01 EQUAL BENEFITS
1 . Except as provided herein, a female employee disabled because of
pregnancy, childbirth, or a related medical condition shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non-industrial) medical reasons .
Section 23.02 WORKING AND REPORTING
1. It is the employee' s right to continue to work while she is
pregnant. Members who become pregnant and are physically capable
of performing their jobs may, at their discretion, remain in
active-duty positions, and are not required to report their
condition to the employer.
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Agreement No. 5628
Section 23.03 LIGHT DUTY
1. The City shall transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of the
employee' s pregnancy if she so requests, with the advice of her
physician or the employee' s other licensed health-care provider,
where that transfer can be reasonably accommodated. The position
will have an equivalent rate of pay and benefits. However, the
City shall not be required to create additional employment that
the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job.
Section 23.04 LEAVE
1. A female employee disabled because of pregnancy, childbirth, or a
related medical condition shall be entitled to take up to four
months of leave of absence or the amount of accrued sick leave
and vacation (if such leave is used) , whichever is greater, due
to such disability. The definition of "disabled because of
pregnancy" includes that provided in California Code of
Regulations Section 7291.2 (g) and includes severe morning
sickness or the need for time off for prenatal care. The date on
which the leave should commence and the date on which the
employee shall resume duties, shall be determined by the employee
and her physician or the employee' s other licensed heath-care
provider. Leave may be taken intermittently or on a reduced work
schedule when medically advisable, as determined by the
employee' s physician or her other licensed health-care provider.
At the end of the employee' s period (s) of pregnancy disability or
at the end of four months pregnancy disability leave, whichever
occurs first, a California Family Rights Act ("CFRA") eligible
employee may request to take CFRA leave of up to 12 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 23.05 NOTICE OF LEAVE
1. Any employee who plans to take pregnancy disability leave shall
give the City reasonable notice (generally at least 30 days) of
the date the leave will commence and the estimated duration of
any leave. If 30 days advance notice is impractical (e.g. ,
medical emergency or unforeseen occurrence) the employee shall
inform the City of her need for pregnancy disability leave as
soon as practicable.
a. The City reserves the right to require written confirmation
from the employee' s physician or the employee' s other
licensed health-care practitioner that she is or will be
disabled by pregnancy, childbirth, or related medical
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Agreement No. 5628
conditions as a condition of granting pregnancy disability
leave.
b. The City reserves the right to require written verification
from the employee' s physician or the employee' s other
licensed health-care practitioner that her disability has
ceased before the employee returns to work.
Section 23.06 RETURNING TO WORK
1. When the employee is ready to return from pregnancy leave the
employee shall be entitled to return to her original position
unless either:
a. The job ceases to exist because of legitimate business
reasons unrelated to the employee' s pregnancy disability
leave (e.g. , layoff) ; or
b. Each means of preserving the job for the employee would
substantially undermine the City' s ability to operate safely
and efficiently.
Section 23.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of
either of the foregoing reasons, she shall be entitled to a
comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as
a Family Medical Leave Act ("FMLA") leave, a comparable
position is available, but filling the available position
with the returning employee would substantially undermine
the City' s ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a
position, which is virtually identical to the employee' s
original position in terms of pay, benefits, and working
conditions, including privileges, prerequisites and status .
It must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent
skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite
from where the employee was previously employed. It
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 23.08 RIGHTS
1 . Nothing contained herein shall limit the rights of the employee
under the California Family Rights Act, the Federal Family and
Medical Leave Act or other statutory and/or case law.
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Agreement No. 5628
ARTICLE 24 - POLICY AND PROCEDURE AGREEMENTS
Section 24.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated May 2010 .
Section 24.02 INJURY ON DUTY PROCEDURES
Q 1. The parties have agreed upon an injury on duty procedures dated
June 18, 2003
Section 24.03 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 24.04 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.
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Agreement No. 5628
Section 24.05 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.
Section 24.06 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 24.07 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 Layoff
a. Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce, an employee may be laid
off, reduced in classification or displaced (bumped) by
another employee. Such layoff, reduction or displacement
shall result from action of the City Manager or his/her
designee. The City Manager shall recommend to the City
Council each classification to be affected by any such
change. Employees of the Fire Department shall be laid off
in the following order:
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
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Agreement No. 5628
reduced or displaced (bumped) shall be given five (5)
calendar days notice, eight (8) calendar days if by
certified mail, indicating the circumstances which made the
change necessary. In the event of an emergency, the City
Council may approve a reduction in the notice requirements,
if so recommended by the City Manager.
4 . At-WillEmployees
a. The City Manager retains the right to layoff or alter the
work assignment of the following employees at any time
without notice or right of appeal: Emergency Employees,
temporary or seasonal employees, part-time employees,
original probationary employees, promotional probationary
employees and employees designated at-will. The promotional
probationary employee shall revert to his/her previously
held classification and position without loss of seniority.
5. Benefit Payoff
a. In the event an employee is laid off, he/she shall receive
payment, at the employee' s request, for any earned unused
sick leave (in accordance with the M.O.U. ) , prorated
vacation or holiday time as quickly as possible but not
later than fourteen (14) days after the layoff.
6. Procedures for Layoff
a. Permanent employees shall be laid off in order of seniority
in City service, that is the employee with the least City
service shall be laid off first, followed by the employee
with the second least seniority in City service, etc.
Seniority shall be determined by hire date.
7 . Procedures for Reduction or Displacement
a. Employees shall be reduced or displaced (bumped) in order of
their seniority in the affected classification or special
assignment, that is the employee with the least seniority in
the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the
second least seniority in rank, etc. Seniority shall be
determined by promotion or assignment date. Temporary
appointments or "Acting" assignment dates shall not be used
for the purpose of calculating seniority in rank. For the
purpose of this section Fire Paramedic shall be considered
below Fire Engineer and above Firefighter.
8 . Bumping Rights
a. Employees shall have the right to bump down to a lower
classification or special assignment to which they were
previously assigned, provided that the employee has greater
seniority in that assignment, thus bumping an employee in
that classification or special assignment with the least
seniority to a lower classification or special assignment.
To bump down into a lower classification or special
assignment the employee must qualify for the position
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Agreement No. 5628
including any required certifications or licenses .
Employees properly laid off in the bargaining unit shall not
have bumping rights to any other City departments .
Employees laid off from other departments of the Employer
shall not have any bumping rights to positions within Fire
Department Suppression Division.
9. Breaking Ties
a. In cases where employees have the same date of hire (i.e.
equal seniority) , seniority shall be granted to the employee
with the highest score on the examination in which the
employee participated and received the appointment. The
following criteria shall be used to determine seniority (in
case of a tie or the testing process is not applicable, the
next criteria shall be used) .
1. Overall raw score.
2 . Raw score of the oral interview.
3. Raw score of the Practical (Engineers)
4 . Raw score of the written examination.
5. The earliest date and time of application.
10 . Salary Placement
a. An employee who is assigned to a lower classification as a
result of a displacement (bump) shall be placed on the step
of the salary range of the new classification, which is the
closest to the compensation of the employee in the previous
classification, but in no case higher, and the employee will
be assigned a new salary anniversary date on the effective
date of the appointment. The employee shall, however,
retain seniority while his/her name remains on the
reemployment list or lists.
11 . Reemp].oy.me.ntList.
a. The names of permanent employees who have been laid off
under this section (including employees who have bumped
down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or
any lower classification for which the employee is qualified
by education and/or experience. Persons on such lists shall
retain eligibility for appointment therefrom for a period of
three years from the date their names were placed on the
list. As a vacancy within a classification or lower related
classification becomes available, the name appearing at the
top of the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list
to fill the vacancy who refused the reemployment offer shall
be permanently removed from the reemployment list without
right of appeal . Laid-off employees do not earn seniority
credit or benefits while on the reemployment list.
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Agreement No. 5628
12. Letter of Layoff
a. The City shall provide all employees who were laid off from
the City a service letter setting forth that the employee
was laid off and is eligible for reemployment. Those
employees who were displaced to lower positions will be
granted, upon the employee' s request, a letter from the City
stating the employee was reduced in status as a result of a
layoff and is eligible for reemployment to the higher-level
position.
13. Rights of Reemployment
a. If a person is reemployed by the City within three (3)
years, the employee' s seniority, sick leave and vacation
accrual rates shall be reinstated. Any accumulated sick
leave and/or vacation earnings shall also be reinstated to
the extent that the employee did not receive compensation
for such earnings at the time of layoff. Upon reemployment,
employees will be placed on the same salary step held at the
time of layoff.
14 . Appeal
a. If the above procedures, except for Section B - Grounds for
Layoff and Section D - At-Will Employees, are misapplied and
adversely affect a laid-off or displaced employee, the
adversely affected employee may file an appeal, setting
forth what sections of this Section were violated, to the
City Manager.
Section 24.08 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
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Agreement No. 5628
2 . Any matter involving the violation (s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
policies and/or laws affecting the employees covered
by this agreement; or
4 . Any protests of ratings or performance evaluations.
3. Evaluations
a. If an employee disagrees with their performance evaluation,
Steps 1 and 2 of the grievance procedure shall apply to
challenge the content of the employee' s evaluation or
performance review. If the grievance is not resolved at
Step 2, the issue may be presented to the Director of
Administrative Services within five (5) business days after
termination of Step 2 . A meeting with the employee, Union
representative and the Director of Administrative Services
will be arranged at a mutually agreeable location and time
to review and discuss the grievance. Such meeting will take
place within ten (10) business days from the date the
grievance is received by the Director of Administrative
Services . The Director of Administrative Services may
invite other members of management to be present at such
meeting. The Director of Administrative Services will give
a written reply by the end of the seventh (7th) business day
following the date of the meeting. The findings of the
Director of Administrative Services shall be final.
4 . Discipline
a.. An appeal of discipline is not subject to the grievance
procedure. An appeal of discipline is distinct from a
grievance in that it is an action taken by an employee to
request an administrative review of disciplinary action
initiated against him or her and is subject to the 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.
5. Procedure
1.
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
1. Step 1 - An employee' s grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
violated within fifteen (15) business days after the
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Agreement No. 5628
employee could have been reasonably expected to have
had knowledge of the circumstance (s) giving rise to
the grievance. The supervisor or management
representative shall reply in writing to the employee
by the end of the fifteenth (15th) business day
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 .
4 . 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 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
39
Agreement No. 5628
forms, documents, and materials concerned, to the Los
Angeles County Civil Service Commission, to review
all such evidence and information as it relates to
the specific violation alleged by the employee (s) .
6. Representation
a. Employees may be represented by persons of their choice at
meetings with the Fire Chief, Director of Administrative
Services, City Manager or Los Angeles County Civil Service
Commission. When the grievance is processed with Union
participation, the Union agrees to pay half of the cost of
hearings conducted by the Los Angeles County Civil Service
Commission, to a maximum annual (fiscal year) amount of
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 24.09 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.
40
Agreement No. 5628
Section 24.10 NO SMOKING POLICY
1 . Except as specified below, unit employees shall not be permitted
to smoke and/or use tobacco products on duty in City facilities
at any time.
2 . Any unit employees hired after July 1, 1987, shall, as a
condition of initial and continued employment, refrain from
smoking and/or using tobacco products at any time on or off
duty, except as specified below.
3 . The City agrees to allow represented employees an occasional
off-duty celebratory cigar during his/her employment.
Section 24.11 MEDICAL EXAMINATION POLICY
1. Effective November 28, 2015, the City shall no longer provide
annual medical examinations to members of this bargaining unit.
Section 24.12 MILITARY LEAVE POLICY
1 . City shall provide military leave in accordance with law.
Section 24.13 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 24 .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
41
Agreement No. 5628
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.
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 24.15 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 25 - UNION BUSINESS
Section 25.01 BULLETIN BOARDS
1. The Union shall be provided a bulletin board location at each
fire station for its posting of information concerning official
Union business and activities . All posting shall contain the
date of the posting and the identification of the document as a
Union sponsored publication. All postings shall be done by an
authorized Union representative. Management shall have a right
to remove and/or prevent the posting of materials that contain
personal attacks upon the qualifications, skills, credibility,
honesty or character of any City employee of any rank.
Section 25.02 UNION MEETINGS
1 . The Union shall be limited to ten (10) meetings per year during
regular business hours . Additional meetings can be held after
hours or on weekends .
2 . Meetings held during regular business hours shall begin at 0730
hours and end at 1130 hours with employees returning to work
details by 1145 hours, except that meetings may be longer with
approval of the Fire Chief or his designee.
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Agreement No. 5628
Section 25.03 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
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 25.04 VOLUNTARY DUES DEDUCTIONS
Union Dues
1 . The Union shall provide the City with a list certified by an
authorized Union representative identifying all voluntary dues paying
members from whose salary or wages the dues deduction is to be made
and shall promptly notify the City within 10 days of any change to the
certified list.
1. The City Finance Department shall deduct dues from the wages of
all members identified on the most recent certified list of dues
paying members received from the Union (taking into account any
subsequent modifications received from the Union) .T\
The Union shall notify the
City if the amount of dues will change.
43
Agreement No. 5628
Records
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.
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 article.
ARTICLE 26 - HOLIDAYS
Section 26.01 ACCUMULATION
1. Employees who work shifts and are regularly required to work
holidays shall accumulate holiday pay at the rate of one hundred
forty-four hours per year in lieu of holidays. Employees who
are assigned to work shifts but are not working shifts because
they are assigned to work a light duty assignment or placed on
temporary total disability (IOD) shall continue to accumulate
one hundred and forty-four hours per year in lieu of holiday,
but shall use holiday pay based on the assigned light duty or
IOD work schedule. Employees who terminate employment shall be
paid holiday pay on a pro rata basis .
Section 26.02 ANNUAL PAYMENT
1 . Holiday pay shall be reported to CalPERS as compensation in the
pay period in which the holiday falls. Employees shall be paid
the holiday pay at the employee' s rate of pay. 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.
Utilizing the eligibility criteria noted above, when an employee is
eligible to receive Holiday Pay (known as Holiday Credit) , the payment
of Holiday Pay shall be at the regular rate of pay (Article 2 .02)
which includes the employee' s base salary plus all remuneration
required to be included in the regular rate of pay.
44
Agreement No. 5628
Section 26.03 PERS PICK-UP
Effective November 28, 2015, the City shall no longer pay any of the
members' PERS contribution on Holiday pay.
ARTICLE 27 - MISCELLANEOUS
Section 27.01 PROMOTIONAL EXAMINATION REQUIREMENTS
a.
27.01 Education and Experience General Statement
Formal Education and Certification is highly desirable for
promotion. In addition to formal education, possession of
State Fire Training Company Officer Certification can be
used to substitute one year of experience in preparation of
Fire Captain promotion and possession of State Fire
Training Chief Officer Certification can be used to
substitute one year of experience for Fire Battalion Chief
Fire Paramedic
Candidates for Fire Paramedic shall be required to have
successfully completed probation with the El Segundo Fire
Department.
Fire Engineer
Candidates for Fire Engineer shall be required to have two
(2) years of firefighting experience with the El Segundo
Fire Department and possess a Class A, B, and tiller
endorsement from the El Segundo Fire Department; or four
(4) years of firefighting experience with the El Segundo
Fire Department (Class A, B, and Tiller endorsement will be
required prior to appointment) .
Fire Captain
Candidates for Fire Captain shall be required to have ten
(10) years of fire service experience with the El Segundo
Fire Department or five (5) years fire service experience
with an AA degree.
Fire Battalion Chief
Candidates for Battalion Chief shall be required to have
ten (10) years of experience with the E1 Segundo Fire
Department including three (3) as a Fire Captain or eight
(8) years experience with the El Segundo Fire Department,
including three (3) as a Fire Captain and BA degree.
If the promotional testing is declared to be open-
competitive, the requirements for outside candidates shall
be equivalent to the educational requirement and/or
equivalent to the time in rank in a full-time professional
fire department.
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Agreement No. 5628
Section 27.02 OPPORTUNITY TO REVIEW MATERIALS
1 . No employee shall have any comment adverse to his/her interest
entered into the employee' s personnel file, or any other file
used for any personnel purposes by the employer, without the
employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such
comment, except that such entry may be made if after reading
such instrument the employee refused to sign it. The employee's
signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with
the comment. Should the employee refuse to sign, that shall be
noted on that document, and signed by a witness, not a party to
the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be
included in the Human Resources or Fire Department personnel
file.
Section 27.03 TRAINING PUBLIC AND EMPLOYEES
1 . As part of their duties, suppression personnel may be required to
instruct and participate in training for the public and other
City Personnel. Examples of such training and participation
include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various
public education programs .
2 . The determination as to whether to use on-duty personnel or off-
duty personnel to conduct such training is within the Fire
Administration' s discretion to decide. If on-duty personnel are
used Administration will determine whether to hire back
additional personnel. The decision will be based on operational
reasons . When personnel are hired back from off duty to instruct
or participate in such training they will be paid at a rate
consistent with the MOU.
ARTICLE 28 - SCHEDULE
Section 28.01 SCHEDULE - SUPPRESSION EMPLOYEES
1. The work schedule shall be two (2) consecutive twenty-four (24)
hour shifts on duty followed by ninety-six (96) consecutive
hours off duty, based upon a 24-day work cycle.
ARTICLE 29 - TERM
Section 29.01 TERM
The term of this MOU shall be October 1, 2018 through September
30, 2021. 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.
Article 30 - Limited Layoffs
Section 30.01 No layoffs
46
Agreement No. 5628
Before instituting any layoffs the City will agree to meet and confer
in good faith with the Association to explore alternative cost saving
approaches. Additionally, as the result of the recent reorganization
of the Fire Paramedic position on Engine 32, no existing Fire
Paramedic shall be laid off or demoted as the result of such
reorganization.
ARTICLE 31 - SIGNATURES
Section 31.01 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.
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47
Agreement No. 5628
EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of EI 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 EI 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 EI Segundo Municipal Code and Rules 14 and 15 of the City of EI
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
48
Agreement No. 5628
period in excess of thirty-one (31) workdays, shall be entitled to an appeal hearing
before the City of EI 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.
i, Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii, The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii, The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
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.
49
Agreement No. 5628
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 EI 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 EI
Segundo Municipal Code Section 2.28.070. The decision of the Los
50
Agreement No. 5628
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
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 EI 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
51
Agreement No. 5628
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.
L If the punitive action involves charges of misconduct (i.e.,
allegations that the firefighter has violated one or more federal,
state, or local laws, and/or City or Fire Department regulations,
procedures, or policies), the Department shall have the burden of
proving by a preponderance of the evidence the facts which form
the basis for the charge(s) and that the punitive action was
reasonable under the circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing
shall be to provide the firefighter the opportunity to establish a
record of the circumstances surrounding the action. The
Department's burden of proof shall be satisfied if the Department
establishes by a preponderance of the evidence that the action was
reasonable. The Department's burden of proof may be satisfied
even though reasonable persons may disagree about the
appropriateness of the action.
e. Conduct of Hearing-
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Agreement No. 5628
L 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
53
Agreement No. 5628
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.
i. 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.
54
Agreement No. 5628
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Effective 11/24/2018
*Represented employees hired before 11/28/15 shall have the Agreement No. 5628
opportunity to achieve PERSable educational incentive highlighted in
blue until the end of this contract(09/30/21)(Tier 1)
** Represented employees hired after 11/28/15 shall receive non-PERSable
educational bonus pay highlighted in yellow(Tier 11)
Hired on/after 11/28/15 Hired before 11/28/15 (Tier 1)
(Tier II-NonPERSable)
BA MA FIRE AA BA
RANGE POSITION UNITS
483 FIREFIGHTER $ 500.00 $ 900.00 $182.89 $548.66 $792.51
Hired on/after 11/28/15 Hired before 11/28/15(Tier 1)
(Tier II-NonPERSable)
BA MA FIRE AA BA
RANGE POSITION UNITS
i
497 FIRE PARAMEDIC $ 500.00 $ 900.00 $ 211.36 $634.08 $ 915.89
Hired on/after 11/28/15 Hired before 11/28/15(Tier 1)
(Tier II-NonPERSable)
BA MA FIRE AA BA
RANGE POSITION UNITS
497 FIRE ENGINEER $ 500.00 $ 900.00 $ 211.36 $634.08 $915.89
Hired on/after 11/28/15 Hired before 11/28/15(Tier 1)
(Tier II-NonPERSable)
BA MA FIRE AA BA
RANGE POSITION UNITS
510 FIRE CAPTAIN $ 500.00 $900.00 $ 244.39 $ 733.17 $ 1,059.02
1
Exhibit IV-Longevity Agreement No. 5628
Effective 11/24/2018
* Longevity 19.5 yrs amended to 19 years for members hired before 11/28/15
Hired on/after 11/28/15 Hired before 11/28/15
Longevity 6 Longevity Longevity Longevity Longevity 13 Longevity 19 Longevity 26
RANGE POSITION yrs 13 yrs 20 yrs 6.5 yrs yrs yrs yrs
483 FIREFIGHTER $500.00 $700.00 $900.00 $ 426.73 $1,036.35 $1,645.97 $2,377.52
Hired on/after 11/28/15 Hired before 11/28/15
Longevity 6 Longevity Longevity Longevity Longevity 13 Longevity 19 Longevity 26
RANGE POSITION yrs 13 yrs 20 yrs 6.5 yrs yrs yrs yrs
497 FIRE PARAMEDIC $500.00 $700.00 $900.00 $ 493.17 $ 1,197.70 $ 1,902.24 $2,747.67
Hired on/after 11/28/15 Hired before 11/28/15
Longevity 6 Longevity Longevity Longevity Longevity 13 Longevity 19 Longevity 26
RANGE POSITION yrs 13 yrs 20 yrs 6.5 yrs yrs yrs yrs
497 FIRE ENGINEER $500.00 $700.00 $900.00 $ 493.17 $1,197.70 $1,902.24 $2,747.67
Hired on/after 11/28/15 Hired before 11/28/15
Longevity 6 Longevity Longevity Longevity Longevity 13 Longevity 19 Longevity 26
RANGE POSITION yrs 13 yrs 20 yrs 6.5 yrs yrs yrs yrs
510 FIRE CAPTAIN $500.00 $700.00 $900.00 $ 570.24 $ 1,384.87 $ 2,199.50 $3,177.06
Agreement No. 5628
Exhibit V- PM level 1
Effective 11/24/2018 for
all represented employees
in unit
RANGE POSITION PM LEV 1
483 FIREFIGHTER $ 640.10 '
RANGE POSITION PM LEV 1
497 FIRE PARAMEDIC NA
RANGE POSITION PM LEV 1
497 FIRE ENGINEER $739.76
RANGE POSITION PM LEV 1
510 FIRE CAPTAIN $855.36
2
Agreement No. 5628
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