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CC RESOLUTION 5114 RESOLUTION NO. 5114 A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO, CALIFORNIA AND THE EL SEGUNDO FIREFIGHTERS' ASSOCIATION BARGAINING UNIT The City Council of the City of El Segundo does hereby resolve as follows: Section 1: Discussions have taken place in the meet and confer process have resulted in a mutually agreeable Memorandum of Understanding between the City of El Segundo and this Bargaining Unit. Section 2: Staff is authorized to implement all terms and conditions of the Memorandum of Understanding between the City of El Segundo and this Bargaining Unit. A copy of the Memorandum of Understanding is attached as Exhibit "A". Section 3: The City Clerk is directed to certify the adoption of this Resolution; record this Resolution in the book of the City's original resolutions, and make a minute of this adoption of the Resolution in the City Council's records and minutes of this meeting. Section 4: This Resolution will become effective immediately upon adoption. PASSED AND ADOPTED RESOLUTION No. 5114 this 20"' day of November, 2018. Dre :.::. s. Mayor ATTEST: 0 `r Aj Tra / . ' City °lerk � APPROVED AS TO FORM. Ma01, D. Hensley, its, ttorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) 1, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5114 was duly passed, approved and adopted by said City Council at a regular meeting held on the 20th day of November, 2018, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council Member Pimentel and Council Member Nicol NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this . day of November, 2018. �.*a Weaver, ::at �' n of tl e City of y: I°.:e p,t�ttcic�, California EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN CITY 01F EL SEGUNDO AN I.A.F. 3 2 OCTOBER 19 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 Agreement No. 5628 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 Agreement No. 5628 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 26 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 Agreement No. 5628 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 Agreement No. 5628 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 EHpRlemental Procedures for Appeals. Page 48 By Firefighters of Punitive Action Under the Firefighters Procedural Bill of Ri�ts Agreement No, 5628 ARTICLE I — GENERAL PROVISIONS Section 1.01 PREAMBLE 1. This Memorandum of Underst.anding is made and entered into between the El Segundo Firefighters' Assoc'Lat.Jon, affiliated with the International Association of Firefighters, here3nafter, 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. he no other n e g c,t ia t I'o n s for salaries, benefits, ind working conditions for the term covered by this Memorandum unless both parties agree otl-ierwise; and the parties shall submit this Memorandum to the Ci '�y Council with a joint recomrrendarion 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 pr.ior or existing ing Memoranda of Understanding, Letters of Agreement, Addendums, Side Letters, and other s°ach documents between the parties are hereby superseded and terminated in their entirety, whether or not the speci-fic 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, positioris specifically set forth below, and has agreed to meet and confer with the Union on all matters relating to the scope of representation perta.ining to the, saJi.d 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. Agreement No. 5628 Section 1.03 MANAGEMENT RIGHTS 1. Except as limited by specific and express terms of this agreement, the City i,rcreby retains and reserves unG.,o itspif all rights, powers, authority, duty and responsibil i ties conferi,,ed on and vested in it by the laws a:-.,d the Constitution cf the, State of California and/or the United States of America. 2. The management and the direction of the work fol-ce of the City is vested exclusively in the City, and nothing .-Ln 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 Cizy; suspend or discharge employees for prcper cause; mainLa.in 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 rema-in in force and effect for the dur-ation of said Memorandum. Section 1.05 NO STRIKE CLAUSE 1. California Labor Code Section 1-962 provides that firefighters shall not have the right to strike, or to recognize a picket line of a labor organization while in r-*A,,Ie 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) 2V Cal .App. 3rd 2,568, 255 Cal.Rptr. 688 regarding public safety organization "sick outs") . Section 1.06 MAINTENANCE OF EXISTING BENEFITS 1. The Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this 2 Agreement No. 5628 Memorandum of Understanding are covered by existing ordinances, resolutions, policies, and pr-actices of the City, as well as the Personnel Rules and P.,oqu2aticn,,-7 presently in effect. The.refore, for the life of this agreement, neither party shall be c-ompe-led to meet and confer with the other corcerning any mandatory meet. and confer issues whether specifically discussed prior 'to the execution of this agreement or whicft 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 cons0ting 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 re�::cqnize and agree to protect the fights of all employees to join and/or participate in the protected Union activities or to refrain from joining cr participating in protected activities in accordance with Government Code Sections 3500 through 3510. 2. The City and the Union agxee 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 r,')pportuni-0,es 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 Ln 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 regulazion directly rela;ing 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 orgarization, the governing body or such boards, and commissions shall. provide such notice and opportunity to meet at the earliest practicable time foliowi,ng the adoption of such ordinance, rule, resolution, or regulation. 3 Agreement No. 5628 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 (90) 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 .50) . 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 (2.50) 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 4 Agreement No. 5628 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 90 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 S 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 5 Agreement No. 5628 unless his or her current performance evaluation on file rates him or her 'beloe,, standard 02: Unsat 4,- � sfactory ad - eFJ 1�,e "hief notifies the Personnel off-' cer and employee in writing at least ten days in .advance of he scheduled, increase that the increase in pay s h a,u I d be w d.t h he 1,d, s t at i rig reasons. If em p I o y C.,,,e" s performance subsequently -_'mproves to a satisfactory !eve-: , the pay will to g anted capon he i s s u anc e of a s a s f a ctory performance report. Section 2.06 FIREFIGHTER COMPENSATION/PROBATIONARY PERIOD 1 . Fire service em.p.loyees shall be appointed to the position of Firefighter and compensated aT_ SLep A of the range assigned to Firef.ighter (483) for the first six (6) month,,-, froat 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 An employee advarOced from one range to another, shall receive a now anniversary date, which is the date of the change. Other chariges in salary, unless specifically directed by the Council or as provided i,n Lhe second paragraph of the Section herein enti'lled "Base Schedule-Stop Advancemont" 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 ri#�.t at any time, and in its sole discretion, to change the range n UTrLb e r assigned to any officer or employee and to det-.ermlne 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 proitioted to a class,' Fj cation for which a higher rate of compensation is provided, than such employee so promoted shall enter into such higher c^assj.fication at the lowest rate of compensation provi.dud for such higher classification which exceeds by not less than five percent of the base rate of the affected employee. 2. All SUperViSQTS steal.]. 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 Tower than one of his/tier subord4nate' s base rate, the su�pervisorl 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, educationai incentive pay, and special assignment pay. 3. Any affected employee assigned to and performing the duties of a Faire suffer no decrease in Paramedic and who is pl-omioted, shall. 11 base salary (pre-promotior. 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) . 6 Agreement No. 5628 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. ) 7 Agreement No. 5628 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 conti-nuing educa t 4,op currently provided by the City' s EMS Pducator. Educational reimbursement will not be provided fcr outside training required for the initial rece,r t.,L f I.ca t ion/1 i cen sure, 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 outs.ide of the Suppression D-Lvis-Lon shall receive fire staff premium pay equal zo Fifteen pe-rcent (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 shaU be paid at the rate of her/his normal duty assignment without regard to the temporary duty schedule. 8 Agreement No. 5628 Section 3.06 FIRE INVESTIGATOR PREMIUM PAY 1. The assionment of cause, and origin/ar50.1 inVeSt.igatO.tS (also desc:j.1:,Ned as "fire investigators-) shall be crea�,ed, with the assigriment roqu-.Irements being designated by the Fire Chief. Employees se"! ected to serve j.Ta th.Js assigrumnoL si-ail zvceivca per :nonth stipend. The stivend shall commence with the employee providing evidence of havi.ng 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. 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 i a s T- provided proof of eligibility. Failure to provide proof prior to the expiration wll result in the loss of the effected incentive compensation, retroactive back to the date of expiration. The employee can have the incentive pay re:lnstated in the first payroll period following provision of proof of eligibility. The reinstatement shall be retroactive to the date the meTrLbe-,,- aiet the qual'-' ficat-Lons ±or an incentive item as indicated in the nroof 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 amourtss set forth in Exhibit III, attached and i.ncorporated inLo 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 specl, fic type of College Degree to guarantee his/her eligibility for incentive pay as provided herein. 10 Agreement No. 5628 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 5uspended without pay; or the employee' s most recent performance evaluation is rated below standard or unsatisfactory. An employee who has lost hl;s/her eiligibili ty to zeceive this Fducation 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 satisf-actory 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. 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 co.risult with employees thrc,.igh the insurance Committoe and corsider all suggest-ions and presentations on the types of insurance plan or plans to he 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. 12 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 enrollin 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 100% 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 she 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 Cali .fornia A.ssociati.c' n 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 Integra',,.ion 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 l.reave, upon exhaust_ng all accrued leaves, will be considered for the use of the C:iTy' 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. 13 Agreement No. 5628 b Definition A catastrophic illness or injury is a chronic or long term health coridD-ion that is incurable or so serious that, if not treated, it would likely result in a long period of incapacity. C. Procedures There is es-, abi,i shed a joint-(-,,rrp-aoye2:/einplovee committee composed of an individuate from each recognized employee organization and- a representative of City Admi.nistration charged with adminisLering L-Ine Catastrophic Leave F,�ank. Employees may transfer sick leave, vacation or comp ersatory leave to the Catastrophic Leave Bank to be donated to an employee who is experi.encing 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 omployee to receive the donation will sign the "Request to Preceive Donation" form allowing publication and distribution of 'U'iformation 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 t-inie of donation, have a minimum of one hundred (1C0)hours of arcur-,ulated 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 rerriair in the Catastrophic Leave Bank to be administered by the coamiitzee 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 qual.ify,-'Lng employee any premiums for California Association of Professional F11' refighters 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 Associ.ation membw: taus diled as a d4 re,,::+- a,-d proximate result of the performance of duties in the, course: and scope of his/her employment' , then the City shall continue to inakp grojp med,ical insurance premium payments on behalf of the surviving spouse unrill age 65, Medicare elig-ibility, whichever comes first., and to the children of the deceased member until age 18. Said -nedical premium pay ,,ents on behalf of the, chi-ldren of a deceased member shall c,.)ntinue if at age 18, the child commences uninterrupted college enrollment, but not to exceed the age of 23. 14 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 comI:)arable plan benefits. ARTICLE 9 - INSURANCE RETIRED EMPLOYEES Section 9.01 CITY SPONSORED MEDICAL INSURANCE PLANS 1.. The City will pay 1008 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 pa.rticipat: on a.n 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 15 Agreement No. 5628 the positions of Firefighter, Fire Paramedic, Fire Engineer, and Fire Captain who work shifts Shall ac­.ui:,tulate sick leave at the rate of one tWel.Ve-IIOUr day accumu"'1 ation 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 mern.hers 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 un-used sic], 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 ,.o, 1./3 of their accrued unused sick leave up to a max-'�,mum of 90% as long as they mairitain 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 couipensation "Catch up" permitted by -law for the calendar year in which he 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 900 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-cut payment. Effective October 1, 2016, employee' s sick leave shall be paid at the base hourly rate set forth on the salary schedule. 16 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 7. .. On the first day of December of each year, employees who maintain a balance of 1056 hours (Firefighters assigned to fire suppression, 1584 hours) of Sick Leave accrual shall be paid at the "regular rate of pay" for one-half the Sick Leave accumulated and not used during the preceding twelve-month period. Payment shall be made on or before Decerr,�ber 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. 17 Agreement No. 5628 Section 11.03 VACATION ELIGIBILITY One (1 ) capr-ain, one ' 1) Ieer, one (1) paramedic and one (1) � eng.Ln firefighter, per shift shall, be granted vacation leave upon appioved applicat.Jon being made and consistent with the needs of the Der)artrr.ert. 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 shad be prcvidled t n e option of converting one hundred percent (1000) of annual accrued vacation leave to cash, at. the base hourly raze of, pay existing at, the time of distr$biution, 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 industriai disability leave may exceed his/her maximum vacation accrual by 50% of his/her annual vacation leave. (Example: employee an 10D with 288 hours accrued vacation may accrue an additional 72 hours, i.e. 500 of his 144 annual accrual) . Section 11.06 PROMOTION AND TRANSFER ELIGIBILITY 1. Vaca-ions shal'i be honored with respect to all transfers even if that vacation per cd 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. 18 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 a acknowledge that the City does not pay the employee' s PERS member contribution and consequently employer paid member ` 12s contribution does not apply to this bargaining unit and inottocu = 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 wit?' In a 24-calendar day "FLSA cycle" . The employer shall pay premium pay of 1 . 5 t .mes the reg7u1ar 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 19 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, errpioyees 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 -,5attaliun Cl-iief 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 maxim,,irrt of 5% of the em'ployee' s regular rate of pay. However, the City shall deposit a final match to reflect the employee contributions made from January 2015 Whrouqh the pay period ending 11ovember 27, 2015. The City shall deposit the final matchi.ng funds on behalf' of the employee into the City' s Deferred Compensation Plan established under section 401 (a) of the Internal Revenue Code. 20 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 21 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 (TRC) 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 REQUIREMNTS 1. In the event that Cal OSHA, Federal OSHA or an equivalent body changes the uniform requirements for unit employees, the City 22 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. 23 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 subti..acted 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 sU'ppressio'n position: Battalion Chief, Captain, Engineer, Fa re'righ"ter'/Paramedic, and Firefighter. Each position shall. select hc,i it "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. 24 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 - 500 of the City' s expended costs for training. d. Voluntary separation during the third year, and thereafter, following state certification as a paramedic - no reimbursement. 2 . The City's costs will be limited to the following: a. Primary Paramedic Training. b. State Accreditation Fee. c. L.A. County Accreditation Fee. 25 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 t_ra�ining disciplines, shall commit to serve as a department instructor for a mi,nimum of two (2) years. Any member who chooses riot to honor this commitment, w-1 11 be required to reimburse the, City for costs assocz'.ated with the training according to the following schedule: a. Voluntary separation during the training program - 1000 of the City's expended costs for the tnaining. 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 separat,"Lon from department instructor during the second year, fcl1n,%,.,in9 :he training courso (s) - 500 of the City's expended costs for the tra,ining . d. Voluntary separation during the third year, and thereafter, following the training course (s) - no reimbursement. e. Members who voluntarily sel.,)arate from the City will be exempted from this provision, unless the mezwer leaves within the first six (6) months after completion of the training. 2 . To determine reimbursement costs, the City's cost will be limited to the following: a- Fees for the course (s) . b. Travel, per them and lodging expense. ARTICLE 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 5, 1975, the City will pay the employee $375 for each job related course (3-unit semester or 4-unit quarter system) the employee completes at an accredited college, university, or Cal4fornia 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 26 Agreement No. 5628 received Ln said course. The employee is required to obtain the prior approval the Fire Chief. The maximum an employee can receive in any calendar year period is $2,000. 2. During the term of this ag reerment, the parties shall confer regarding desiqnaT__" on of those California Si-,.ate 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, ..he 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 offe:r.'ed no employees hired after July 5, 1975. Those employees will have the option of receiving reimbursement for tu-Ltion and books as outlined below. (The employee may se-'ect only orle reiarbursement 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. Reiml)ursement 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" 27 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 70% 11 10% 6 60% 12 0% ARTICLE 21 -TEMPORARY APPOINTMENTS Section 21.01 GENERAL, 1. Where an employee is qualified for and is required for an appreciable period of time to serve temporarily in and have the responsibility for work in a higher class or position, when approved by the City Manager, such employee, while so assigned, shall receive the entrance salary rate of that class or whatever step thereof that is not less than five percent above his or her present rate, whichever is higher. For the purpose of this section, "appreciable period of time" is defined as ten consecutive working days (eight working days if on Four/Ten Plan) or longer. Section 21.02 METHOD FOR FILLING VACANCIES 1. Rank for rank rehires shall be the standard method used for filling vacancies with the exception of long term vacancies expected to be longer than eight (8) weeks. Section 21.03 GUIDELINES 1 . Long-term vacancies (more than 8 weeks) may be filled with provisional appointments made at the direction of the Fire Chief. The following guidelines shall be used when considering filling a vacancy by provisional appointment. a. The Fire Department Personnel Officer (FDPO) shall obtain a diagnosis in writing from the attending physician. 28 Agreement No. 5628 b. The FDPO will refer to the Medical Disability Advisor, 2nd Edition, by Presley Reed, FKD. , to assist it°� dete.rrrti.ning 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 FDPC 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 . 29 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. 30 Agreement No. 5628 Section 23.03 LIGHT DUTY G. . 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 (q) 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 31 Agreement No. 5628 conditions as a condition of granting pregnancy disability leave. b. The City reserves the zight to require written verification from the employee' s pllysician 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 fcr the em-o-Joyee 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") J.eave, a comparable position is available, but f Uling the available position with the retuining employee would substantially undermine the City' s ability to operate safely and efficiently. c. "Employment in a comparable position" mc-ans employment in a position, which is virtually identical to the er�ployee' s original posit on in terms of pay, benefits, and working conditions, including privii,eges, prereqUiSites and status. It must involve the same or substantially similar duties and responsibilities, which must entail substantial1v equivalent skill, effort, responsibili,Ly, and aut'hority, It must, be performed at the same or geographically proximate work-site 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 ;fights Act, the Federal Family and Medical Leave Act or other statutory and/or case law. 32 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 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. 33 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 displaciriq 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 34 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-Will Employees a. The City Manager retains the right to layoff or alter the work assignment of the following employees at any time without notice or right of appeal: Emergency Employees, temporary or seasonal employees, part-time employees, original probationary employees, promotional probationary employees and employees designated at-will. The promotional probationary employee shall revert to his/her previously held classification and position without loss of seniority. 5. Benefit Payoff a. In the event an employee is laid off, he/she shall receive payment, at the employee's request, for any earned unused sick leave (in accordance with the M.O.U. ) , prorated vacation or holiday time as quickly as possible but not later than fourteen (14) days after the layoff. 6. Procedures for Layoff a. Permanent employees shall be laid off in order of seniority in City service, that is the employee with the least City service shall be laid off first, followed by the employee with the second least seniority in City service, etc. Seniority shall be determined by hire date. 7. Procedures for Reduction or Displacement a. Employees shall be reduced or displaced (bumped) in order of their seniority in the affected classification or special assignment, that is the employee with the least seniority in the classification or special assignment shall be reduced or displaced (bumped) first, followed by the employee with the second least seniority in rank, etc. Seniority shall be determined by promotion or assignment date. Temporary appointments or "Acting" assignment dates shall not be used for the purpose of calculating seniority in rank. For the purpose of this section 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 35 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 ff'ron, other departments of the Employer shall not have any bUMPing rights to pos.ilions 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 anniversai'-y 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. ll . Reemployment List a. The names of permanent employees who have been laid off under this section (including employees who have burr.ped 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 perliod of three years from the da-,,.e their names, were placed on the list. As a vacancy withli.n 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 selectod from ttie list to fill the vacancy who refused the reemployment offer shall be permanenuly removed from the reemployment '91ist without right of appeal . �.id-off employees do not earn seniority credit or benefits while on the reemployment list. 36 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 la::.d off and is eligible for reeiTtployment. Those employees who were displaced to lower poset: ions 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. RiqhIts of Reemplo Gent 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 . Apta1 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-ofd 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. Dur..) o, 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 37 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 woo king conditions of the employee or the application of a-1 rules, regulations, policies and/or laws affec'.-ing the erq-,',-'oyE.,GZ-: covered by this agreement; or 4 . Any protests of ratings or performance evaluations. 3. Evaluations a. If an ertip.loyee disagrees with their performance evaluation, Steps I and 2 of the grievance procedure shall. apply to challenge the, ,,,�onten,,-- of the omployce's evaluaC:bcar. or performance review. If the grievance is not resolved at Step, 2, the issue may be presented to, the Director, of Administrative Services withl'.n 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 membei.s 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 S 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 a. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below. 1. Step I - An employee's grievance must be submitted in writing L Lng by the employee, fully stating ;--he facts surrounding the grievance and deta,' 1J' ng the specific provisions of this agreement alleged to have been violated within fifteen (15) business days after the 38 Agreement No. 5628 employee could have been reasonably expected to have had knowledge of the circu-instance (s) giving rise to the grievance. The supervisor—or management representative shall reply in writing to nhe 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 -,.s not sett1ed in Step 1, the grievance will be presented to the Fire, Chief within ten (10) business days after termination of Step 1. 11 meeting with the employee, Unior representative and Fire Chief wail, be arranged at a mutually agreeable location and thne to review and discuss the grievance. 3. Such meeting will take place within ten (10) business days from the date the grievanc-e is received by the Fire Chief. The, F:.r,e Chief may invite other, me�fmbers of management to be present at such meet ing. The Fire Chief will give a written repiy 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 vermination of ,Step 2. The Grievant (s) or Union Representative and the City Manager shall, within seven (71 business days after receiptc)f a grievance initiated at this Step, arrange a meeting to be hold at a mutuo.ly 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 wii'tten reply by the end of the seventh (77th) business day following the date of the meeting, and the giving of such iepiy will terminate Step 3,. The findings of the City manager shall be final and binding except as provided in Step 4 below. 5. 2:,�tep _j - 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 notificatioll 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 (?ERB) , or Los Angeles County Employee Relations Commi s s ion (ERCOM) , whichever may apply, stating S p e c i f i ca 11 y 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. 42 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 ho7idays shall accumulate holiday pay at the rate of one hundred forty-f.`cur 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 C,'-' ty 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 andI possesslo'n of State Fire Training Chief Officer Cert i fi cation 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 Enginee 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 experienice with the El Segundo Fire Department (Class A, B, and TilIer 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 El Segundo Fire Department including r-hree (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 reqiirement. and/or equivalent to the time in rank in a full-t.ime professional fire department. 45 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. For U' o .� �e *r Greg r°pen r Pres City anag Curt Crowson David err no V i7o silent __w...... fir for axrtian s urces orgy Cas o < ill,io io 1 e Fres" nt Di rec or of Finance 1 � -Dan Eng�.er Treasurer Mike Davies, Secretary 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, OR SUSPENSION FOR MORE THAN FIVE WORKDAYS Appeals from punitive actions other than suspensions for more than five workdays, demotion, or dismissal, shall be conducted in accordance with the appropriate procedures set forth in Rule 14 of the City of 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. i. 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- 52 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 Blank Page 55 �± rment No. 5628 N Ol 00 O -;r N d r-1 m O1 0) r-I m I Ol 0) O 0) V N c-I mO Ln LD m Ln �q O LA -! 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Ln N `t 00 ry) LD 00 .-I '"I ct m Ln N ry N m LD c-1 n N m Lb N N 0� f` n O l0 M O O ry Ln 00 .-I Ln 00 � Ql� 00 ^ 00 rl In 00 N l0 e-1 01 ei LD O N m Lp l0 Ln LO I� n n ^ N n r 00 00 0) r-1 Ln O C 00 q O1 1 00 O1 a1 ei00 O iA AA to Ll' inVY ih M iR in in V} tA• V? i/T a Q m U ❑ w w Q m U ❑ w Q m U ❑ w Q m U ❑ w a. a a, a m a a a s a s a a a a a a' a a a, a al a1 N a) N w a) al N N aJ a1 al aJ a) aJ a) aJ W N 0 LA LA N LA N N In V1 lA N N N N N Ln LA m Vi H LA N I.mmT_.�W U LLJLLJ Z c H w Z Q o = a C7 Q LL Z LU 0�0 dLU W LU lY O LL C LL LL LL N O .1 a1 U aJ :ID 01 tOO 000 Onl Cl) 11 m r a a Ln LL LU 3; 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 11-NonPERSable) BA MA FIREAAAA BA RANGE POSITION 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 497 FIRE PARAMEDIC $ 500.00 $ 900.00 $ 211.36 $634.08 $ 915.89 I Hired on/after 11/28/15 (Tier 11-NonPERSable) Hired before 11/28/15(Tier I) 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 11-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 y rs 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 U , 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 V Hired on/after 11/28/15 Hired before 11/28/15 I 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 V RANGE POSITION PM LEV 1 497 FIRE PARAMEDIC NA RANGE POSITION PM LEV 1 497 FIRE ENGINEER $739.76 i RANGE POSITION PM LEV 1 n 510 FIRE CAPTAIN $855.36 s 2 Agreement No. 5628 Blank Page—END of Document 3