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HomeMy WebLinkAbout10-Personnel CITY OF SAN ..RI ~RbINO ~R.QUEST [ )II COUNCIL ACTION [)ept: Personnel - .,.,........ REC'O. -AOMIH. ~ject: t9S0 fEB 2 8'<.j '3: 2 I Resolution Establishing Wages, Hours- Insurance Benefits and Working Conditions f~r Fire Safety Employees workinq in Job Classifications Represented by Fire Fi~hters, Local 891 From: Gordon R. Johnson Date: February 19, tlDo Synopsis of Previous Council action: Approved several frinqe benefit enhancements by motion on January 8, 1990. Recommended motion: Adopt resolution. ~~ Contact person: Gordon R. Johnson Phone: 384-5161 Supporting data attached: Yes Ward: n/a FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: Council Notes: Agenda I tem No /0 75.0262 CITY OF SAN BIERr' \RDINO - RIEQUEST r )R COUNCIL ACTION STAFF REPORT .... On Jan~, 1990, the Mayor and Common Council granted.'Fire Safety ~oye.. in job classifications represented by Local 891 additional benefits to those provided in Resolution No. 88-475. The attached resolution contains the provisions of Resolution No. 88-475 plus those benefits granted by Council on January 8, 1990. The benefit package changes are as follows: 1. Health Insurance contributions the contribution will be increased to the below: city's amounts maximum listed Effective Date Employees with no deDendents Employees with one or more deDendent. August 1, 1990 $125/month $160jmonth $180/month $240/month _':OJ January 1, 1990 2. PERS contributions - the City's payout will be increased to the amounts listed below. Effective Date city Payment January 1, 1990 6% July 1, 1990 7% 3. Paramedic Pay - amounts made available to Paramedics effective December 1, 1989: YEAR FROM TO 0-1 1-2 2+ $200/month $200jmonth $200/month $200/month $250/month $300/month A Recertification Bonus is offered starting January 1, 1990, as follows: a. For paramedics recertifying after completion of probation; b. Paramedics use own time for earning continuing Education units; c. city reimburses paramedic for recertification fees upon successful recertification; d. If candidate fails, the repeat testes) will be paid by the individual; e. Paramedic receives $250 upon successful completion of each three month period in the program during the first year following recertification for a maximum available bonus of $1000. 75-0264 4. 1959 SurvL.Jr Benefits The contract with PERS to add this following completion of the accordance with PERS rules. Sic~~ave payoff - the maximum amount of sick leave hou~available for sot payoff in accordance with exi.tlftq policy shall be as follows: City shall amend its benefit to be effective amendment process in 5. 56 hr/week emDlovees 40 hr/week emDlovees lBQtI IQ lBQtI IQ 1440 1680 960 H2O PD FlREMOU jyr 2/19/90 RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO 2 WAGES, HOURS, INSURANCE BENEFITS AND WORKING FIRE SAFETY EMPLOYEES WORKING IN JOB 3 REPRESDl'TED BY FIRE FIGHTERS, LOCAL 891. ESTABLISHING CONDITIONS FOR CLASSIFICATIONS 4 WHEREAS, Resolution No. 88-475 establishing wages, hours, 5 insurance benefits and working conditions for fire safety 6 employees in job classifications, represented by fire fighter 7 Local 891, expired on November 30, 1989; and 8 WHEREAS, the City's representatives have met and 9 conferred with representatives of Fire Fighters Union, Local 10 891, to negotiate a Memorandum of Understanding, in 11 accordance with the provisions of the Meyers-Milias-Brown Act 12 of the state of California; and 13 WHEREAS, the City's representatives and the Union's 14 representatives did not reach agreement on a Memorandum of 15 Understanding; and 16 WHEREAS, the city's representatives invoked the impasse 17 resolution procedures contained in section 13 of city 18 Resolution No. 10584; and 19 WHEREAS, an impasse hearing was conducted by the Mayor 20 and Common Council on December 18, 1989, and, January 8, 21 1990; and 22 WHEREAS, following the hearing, the Council granted Fire 23 Safety employees additional benefits to those provided in 24 Resolution No. 88-475. 25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 26 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 27 28 Page 1 of 3 02/19/90 ::f-J () I I 'I iRESOLUTION 01 ~HE HOURS, INSURANCE SAFETY EMPLOYEES 1 . BY FIRE FIGHTERS, ',"" CITY OF SAN BERNARDIN, ESTABLISHING WAGES, BENEFITS AND WORKING CONDITIONS FOR FIRE WORKING IN JOB CLASSIFICATIONS REPRESENTED LOCAL 891 The wages, hours, insurance benefits and ions for fire safety employees working in job 5 6 7 8 9 10 classifications represented by Fire Fighters Union, Local 891 have been reduced to writing and are contained in Exhibit A, which is attached hereto and is incorporated by reference into this Resolution. provisions Exhibit A contains the of SECTION 2. on January 8, 1990. 11 Resolution No. 88-475 plus those benefits granted SECTION 3. The Mayor of the City of San Be 12 authorized and directed to implement the 13 Exhibit A for and on behalf of the City of San 14 I HEREBY CERTIFY that the foregoing resolution was duly 15 adopted by the Mayor and Common Council of the City of San 16 Bernardino at a meeting hereof, 17 18 , 1990, by day of held on the the following vote, to wit: 19 AYES: 20 21 22 23 24 25 26 27 NAYS: AaSENT : City Clerk The foregoing resolution is hereby approved this day of , 1990. 28 Page 2 of 3 02/19/90 1 2 3 4: 5 6 7 8 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED ~~, LOCAL 891 :~:i"~,*'<. W.R. "Bob" Holcomb, Mayor City of San Bernardino Approved as to form 9 and legal content: , < /:~~~\-!";i,.;"',~~li_l ... "~,:':~".t(.~.~*., ,.<~;i(" _:"~,' ~,'- ~',./'(~":; ..., ';" ~" . i' ,~,*~~<~ ii.';:~1: ..;.i.< . :;;:~;~,~{;; 10 JAMES F. PENMAN City Attorney 11 12 ;~ By: 13 14 PD jyr 1/26/90 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3 02/19/90 FIRE .SAFETY RESOLUTION ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i..-.".- TITLE Table of Contents Definition of Terms Recognition Agency Personnel Rules Nondiscrimination Management Rights Employees' Rights Wages Workweek Overtime Holidays Vacation Sick Leave Workers' Compensation Injury Deferred Compensation Retirement Plan Leave provisions Health Related Insurance Trading Time Payroll Deductions Pay for Paramedic Assignment Re-employment Probationary Period Work Uniforms seniority Related Work Standards Books and Tuition Allowance EXHIBIT A ~ i 1 4 4 5 5 7 8 10 11 12 12 13 12 14 14 15 15 17 18 19 20 20 20 21 21 21 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ,~ '.~ safety Committee Payment of Unused sick Leave Educational/Longevity Pay Court Fines 22 22 23 23 On call,Call-back,stand-by 24 Physical Fitness 25 Replacing/Repairing Personal Property Safety Equipment 25 25 Personnel Files 25 Political Activity 26 Investigation Rights 26 Financial Disclosure 31 ;: t Locker Search 32 Use of city Resources Employee Representatives 32 33 Grievance Procedure 34 polygraph Examination Labor Management Committee Severability 40 41 41 Notice of Intent to Reopen 42 Term 42 Prevailing Benefits 43 Index 44 PD FIRETOC jyr i i RESOLUTIO.... --FIRE S~ ,~ . Administration: Appointina Authoritv: city: Classifications: PD F-1 MOU 12-11-89 I DEFINITION OF TERMS Shall include any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Fire Chief, Deputy Chief or Assistant Chief of the city of San Bernardino Fire Department. Shall mean the City of San Bernardino. Fire Fighter, Fire Inspector, Engineer, Captain, Assistant Fire Prevention Engineer. Additional titles may be established by the Mayor and Common council, but titles for local safety members of the Fire Department shall be placed in the classification having the most nearly equal duties and responsi- bilities. PAGE 1 RESOLUTION --FIRE SAFETY ~ Departm.s Division: Emplovee Public Safety Officer: Emplovee Oraanization: Emplover: Gender: PD F-1 MOU 12-11-89 San Bernardino City Fire Department. Division shall refer to anyone of the major Divisions of the Department. The term "employee" shall include all Safety personnel within the Fire Department bargaining unit. San Bernardino and Rialto Fire Fighters Union, Local 891. Shall include City San of the Bernardino, the Fire Department, or any Management Administrative or representative Elected Official or thereof. The masculine gender also includes the feminine. PAGE 2 RESOLUTION --FIRE SAFETY ::::::r Member: Shift: Sinqular and Plural Tense: PD F-1 MOU 12-11-89 "Shall" is is mandatory, "May" permissive. Shall include Fire Safety Personnel as defined by Section *20021 the of Government Code in the classifications listed herein. Means a twenty-four hour duty for the Fire Department except for the positions of Fire Chief, Chief, or Deputy Assistant Chief, local safety members working in the Fire Prevention Bureau, and such members as may hereafter be granted a forty hour average work week. For pay purposes only, one twenty-four hour shift is equivalent to twenty-four hours. The singular also includes the plural. The present tense shall also include the past and future. PAGE 3 RESOLUTION --FIRE SAFETY Union: :;1:, -~. ~.-.... ~ '~ San Bernardino and Rialto Fire Fighters' Union, Local 891. ARTICLE 1 Recocmi tion Formal recognition of the Union is acknowledged for purposes of meeting and conferring on wages, hours and other terms and conditions of employment and of general representation of its members. The Union has been recognized formally as the majority representative of Fire Fighters, Fire Prevention Inspectors, Engineers and Captains of the San Bernardino Fire Department. ARTICLE 2 AqencV Personnel Rules It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits; Resolution No. 10584, Establishing Uniform and orderly Methods of Communications between the City and its Employees for the Purpose of Pro- moting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, adopting Rules and Regulations relating to employer-employee relations, as amended, which documents will continue in effect, except for those provisions modified by the Common Council in accordance with State Laws, orders, regulations, official instructions or policies. In case of PD F-1 MOU 12-11-89 PAGE 4 RESOLUTION --FIRE SAFETY proposed ~.., consul ted "wi th by other than agreement, the Union shall be prior to these changes. In cases of emergency, the Union and city will meet as soon as possible after the change. ARTICLE 3 Nondiscrimination The provisions of this Resolution shall be applied equally by the City and the Union, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, political or religious opinions or affiliations. ARTICLE 4 Manaqement Riqhts This Resolution shall not be deemed to limit or curtail the city in any way in the exercise of the rights, powers, and authority which the city had prior to adopting this Resolu- tion, except to the extent that the provisions of the Resolution specifically curtails or limits such rights, powers, and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions, State and Federal Law, and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the PD F-1 MOU 12-11-89 PAGE 5 RESOLUTION --FIRE SAFETY boards; of its constituent ~ standards of departments, commissions, and mission selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons subject to applicable Civil Service Rules and procedures; maintain the efficiency of governmental operations; determine the methods, means, and numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted provided, however, that no such measures as threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations, and types of operations, processes and materials to be used in carrying out all city functions including, but not limited to, the right to contract for or sub-contract any work or operations of the city; assign work to and schedule employees in accordance with requirements as determined by the City and establish and change work schedules and assignments upon reasonable notice; establish and modify prOductivity and PO F-l MOU 12-11-89 PAGE 6 RESOLUTION --FIRE SAFETY performan~ proqrams and standards: discharge, susp~nd, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law: establish employee performance standards including, but not limited to, quality and quantity standards: and carry out its mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 5 Emolovees' Riqhts Employees shall have all the rights which may be exercised in accordance with State Law, the Charter, and applicable ordinances, resolutions, rules and regulations including the right to: (a) Form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. (b) Refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the city. PD F-1 MOU 12-11-89 PAGE 7 RESOLUTION --FIRE SAFETY (c) Ie free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above. ARTICLE 6 Waaes A. During the term of this Resolution, the monthly salaries of Local Safety members of the San Bernardino Fire Department included in classifications Firefighter, Fire Inspector, Engineer, Assistant Fire Prevention Engineer, captain, and additional classifications within as may be established by the Mayor and Common Council shall be fixed annually on August 1 of each year at the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to Local Safety members of like or most nearly comparable positions of ten California cities with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California cities published by the State Controller. B. The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and complete list of all California cities in the 100,000 to PD F-1 MOU 12-11-89 PAGE 8 RESOLUTION --FIRE SAFETY 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State controller after representatives of the city and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten cities remain. The representatives to strike the first name from the list shall be determined by lot. C. In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification shall be computed as the arithmetic average of the next highest and next lowest comparable position classifica- tion of that city. D. The salaries paid in step "A" shall be the same as the arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in step "E" shall be the same as the arithmetic average of the top salaries paid in comparable positions in the ten cities. The salaries paid in step "B", "C" and "D" shall be fixed at amounts which will cause the Local Safety members in the San Bernardino Fire Depart- ment to advance from the starting steps to the maximum PD F-1 MOU 12-11-89 PAGE 9 RESOLUTION --FIRE SAFETY pay a~ in approximately equal salary advances. ('- -- E. New employees shall be hired at the "A" step of the established base salary range except as otherwise provided in this Resolution. F. Any Local Safety member of the Fire Department temporarily acting in a position in a higher rank during period of absence of the incumbent or during a vacancy in the position for more than ten consecutive working days or five consecutive shifts, shall receive the same salary for the higher rank to which he would be entitled, were he promoted to that rank during the period in which the employee is acting in the higher rank. The Fire Chief shall certify as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. ARTICLE 7 Workweek The average work week for "shift" personnel shall be 56 hours. Shift calendars shall be provided to employees by the city. PD F-l MOU 12-11-89 PAGE 10 RESOLUTION --FIRE SAFETY ARTICLE 8 '.:;,-- overtime overtime worked in excess of the above average work week shall be paid at the applicable time and one-half overtime rate under either the Fair Labor Standards Act or Charter section 186. (a) policv: It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Fire Chief, Deputy Chief and Battalion Chiefs, will make every effort to assign overtime evenly among the employees with similar skills or assignments. (b) Definition: overtime is defined as all hours worked in excess of the regularly scheduled work week. All overtime shall be reported in increments of fifteen minutes and is non accumulative and nonpayable when incurred in units of less than fifteen minutes. Holiday leave, sick leave, vacation leave and court time shall be considered as time worked for purposes of computing overtime compensation. PD F-1 MOU 12-11-89 PAGE 11 RESOLUTION --FIRE SAFETY (c) co.a~ation: Payment for overtime shall be made on the ~Bt regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case overtime will be paid on the next regular payday after such computation can be made. ARTICLE 9 Holidavs All members within the bargaining unit shall be entitled to twelve holidays per year or six shifts per year. ARTICLE 10 Vacation All members within the bargaining unit shall be entitled to annual paid vacation as follows: Completed Years of Days/Shifts of Rate of Accrual continuous service Paid Vacation Per Month 1 10 days or 5 shifts 0.833 working days 10 15 days or 7 1/2 1.25 working days shifts 20 20 days or 10 1.667 working days PD F-1 MOU 12-11-89 PAGE 12 RESOLUTION --FIRE SAFETY ;0;;: . ~. Members wtli be permitted to carry over all or a portion of vacation credit into the next succeeding year with the concurrence of the Fire Chief, provided that accrued vacation credit does not exceed vacation credit for two years at any time. Resolution No. 6433, section Eleven, shall remain in effect where applicable to the bargaining unit members. ARTICLE 11 sick Leave All members will be authorized to use earned sick leave after six months of continuous employment with the city. sick leave will accrue at the rate of one day per month or at a rate of 3.7 hours per pay period for employees scheduled to work forty hours per week, or 1/2 shift per month or 5.538 hours per pay period for shift employees, not to exceed twelve days per year or six shifts per year, with no limit as to the number of days/shifts that may accrue. For purposes of usage, two sick days shall equal one shift. Resolution No. 6433, section Five, shall remain in effect where applic- cable to the bargaining unit members. ARTICLE l2 Workers' Compensation Iniurv Members will have a choice of Doctor and Hospital for work PO F-1 MOU 12-11-89 PAGE 13 RESOLUTION --FIRE SAFETY related ~uries, in accordance with existing state Labor ;:".io'.'_ Code. ~ '. ARTICLE 13 Deferred ComDensation The City shall continue to sponsor a deferred compensation plan which shall be available to employees on a voluntary basis. ARTICLE 14 Retirement Plan The City shall continue to participate in an employees' retirement plan for Public Safety Officers, by contract with the California Public Employees' Retirement system (PERS) under the current "2% at age 50" formula. The City will contract with PERS to additionally provide the "highest 12 month" retirement formula. The city shall amend its contract with PERS to add the 1959 survivor Benefit to be effective following completion of the amendment process in accordance with PERS rules. The City will pay the following percentage of the members' contribution to PERS credited to the employee's account as a fringe benefit: PD F-1 MOU 12-11-89 PAGE 14 RESOLUTION --FIRE SAFETY ,..-....~- ~ citv pavment December 1, 1989 4% 6% 7% January 1, 1990 July 1, 1990 ARTICLE 15 Leave provisions The provisions of City Resolution No. 6433, as amended, as of April 6, 1978, concerning sick leave, injury leave, vacation, holiday leave, leave of absence without pay and other leave, as they apply to Fire Safety personnel, shall remain in effect. Employees elected to the Union Board shall be granted time off to perform official Union functions, including attendance at conventions, conferences, and seminars, without loss of pay up to a maximum of 288 hours total time per calendar year in the aggregate for such employees. This time is cumulative up to a maximum of 576 hours. ARTICLE 16 Health/Related Insurance A. Effective on the date listed below, the City shall contribute the amounts listed for the purchase of PD F-1 MOU 12-11-89 PAGE 15 RESOLUTION --FIRE SAFETY in.u~ trib.n ,-:4 the city. benefits offered by the city. Any con- not utilized by an employee shall revert to Employees with Employees with one Effective Date no deDendents or more deDendents December 1, 1989 $ 64 month $109 month $144 month $119 month $164 month January 1, 1990 August 1, 1990 $224 month B. Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability, and accidental death and dismemberment insurance. c. An employee must purchase medical insurance offered through the city in order to utilize the contributions described in Section A. D. In addition to the contribution described in section A, the city shall contribute a maximum of $16.00 per month per employee to be used exclusively for the purchase of medical insurance benefits. E. Employees may use any of the amounts described in Section A to purchase any or all of the insurance benefits described in Section B. PD F-1 MOU 12-11-89 PAGE 16 RESOLUTION --FIRE SAFETY -.-',-- .-'.......... ~ F. Caf~ria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. G. The City shall provide each employee with $3,000 life insurance. H. An employee may not add another City employee as a dependent, or be added to another employee's city health plan as a dependent, in order to receive "double coverage". ARTICLE 17 Tradinq Time subject to the authorization of the Fire Chief, Deputy Chief, or Battalion Chief, members in the bargaining unit should be allowed to trade time with other employees of equal ability on the following basis: 1. Trading time shall be with persons of equal ability and be agreeable with both parties and shall be requested in a memo signed by both employees. 2. Since this is done for the convenience of the employee, in no case shall a trade arrangement or PD F-1 MOU 12-11-89 PAGE 17 RESOLUTION --FIRE SAFETY ~.payaent of trading time be considered in ..-putation of overtime or certification to a '":.'1-.... higher rank. ARTICLE 18 Pavroll Deductions It is agreed that Union membership dues, insurance and premiums for plans sponsored by the Union shall be deducted by the City from the pay warrant of each employee covered hereby who files with the city a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance pre- miums deducted from the pay warrants of employees covered hereby shall be made to the Union within thirty days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The city shall not be liable to the Union, employees, or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Union shall hold the city harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the city under this Article. PO F-1 MOU 12-11-89 PAGE 18 RESOLUTION --FIRE SAFETY ARTICLE 19. ....... Pay for p....edic Assianment Pay for paramedic duty shall be paid as listed below to personnel certified as "active" by the Fire Chief: ~ Amount 1-2 $200/month $250/month $300jmonth 0-1 2+ Only those individuals approved by the Fire Chief shall receive additional compensation as noted above. No pay for paramedic service will be received for extended period of absence from paramedic duties due to injury, illness or re- assignment to non-paramedic duties. A Recertification Bonus is offered starting January 1, 1990, as follows: a. For paramedics recertifying after completion of probation; b. Paramedics use own time for earning continuing Education units; c. city reimburses paramedic for recertification fees upon successful recertification; d. If candidate fails, the repeat test(s) will be paid PD F-1 MOU 12-11-89 PAGE 19 RESOLUTION --FIRE SAFETY n ~ the individual; e. Piramedic receives $250 upon successful completion of each three month period in the program during the first year following recertification for a maximum available bonus of $1000.00. ARTICLE 20 Re-emDlovment A member who has terminated City employment, and who is subsequently rehired in the same classification in a regular position within a ninety day period, may receive restoration of salary step. seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as on the date of rehire. ARTICLE 21 Probationary Period The probationary period for positions in this unit shall be twelve months from the date of hire. ARTICLE 22 Work Uniforms The City will furnish, and replace as needed, four work shirts and three pairs of work trousers to each member. PD F-1 MOU 12-11-89 PAGE 20 RESOLUTION --FIRE SAFETY ARTICLE 23- seniority ...':'~ seniority is herein defined to be an employee's length of service, with no break in service, within the Fire Department and/or classification in which the employee is presently assigned. The Department may use seniority in vacation scheduling, shift assignments and transfers within classi- fications. ARTICLE 24 Related Work Standards During the term of this Resolution, the City and the Union agree to meet and confer on related work standards as used in job descriptions in an effort to establish reasonable guidelines for employees in that unit. ARTICLE 25 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay tuition costs for members who complete with a satisfactory grade of "B" or better prior-approved, job related courses of instruction, which will increase their value to the city. Reimbursement for books required for the approved course or courses may be authorized, provided such books are tendered to the City at the time reimbursement for PO F-2 MOU 12-11-89 PAGE 21 RESOWTION -- FIRE SAFETY tuition i8:.:~quested. /..r- ARTICLE 26 Safetv Committee The City Incident Review Board meets at least monthly to review vehicular accidents/incidents which, after initial assessment by the Risk Management Division, may have been preventable. The Union may select one of its members to participate as a member of the Incident Review Board when the Board reviews an accident/incident in which Fire personnel are involved. The Chairman of the Review Board will inform the Union of the date and time of Board meetings which will review such incidents, at least forty-eight hours in advance. ARTICLE 27 Payment of Unused sick Leave After completion of five years of continuous full time employment with the City, every member shall, upon retirement or death, receive compensation for fifty percent of accumulated, unused sick leave, not to exceed payment for the number of hours listed below: PD F-2 MOU 12-11-89 PAGE 22 RESOLUTION -- FIRE SAFETY Effective ~ 40 hour/week emDlovee 56 hour/week emDlovee . ~ 12/~ 1/1/90 480 720 560 840 ARTICLE 28 Educational/Lonaevitv Pay The city will pay $75.00 per month Educational/Longevity pay above base rate to each member who has had a minimum of ten years of continuous full time employment with the City and has presented adequate proof that he has earned 20 semester units or 30 quarter units of Fire Science courses, as defined by the California state Department of Education Fire Science Curriculum or other job related courses as defined by the Fire Chief. ARTICLE 29 Court Fines The city shall pay for court fines imposed upon each member as a result of his conviction of a traffic violation when such member was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. PD F-2 MOU 12-11-89 PAGE 23 RESOLUTION -- FIRE SAFETY ARTICLE 30,__ 4 On call.~back.stand-bV Any employee in "on-call" status will receive four hours pay for all or any portion of a twenty-four hour day. If "called back" any time within the first four hours of "on-call", the time worked will be deducted from the four hours "on call". If the "call-back" occurs after four hours expire, "call back" time will be clocked from the time the employee receives the call to report. Compensation for that time is in addition to the "on call" status. In the event an employee is placed on "standby" for court subpoena, the employee will receive three hours "standby" pay. If the employee is called to court and does not go beyond 1200 hours on that day, it will be considered part of the three hours "standby". If the employee has to appear after the noon recess, any additional time will be added to the three hours "standby" plus one-half hour travel time. In cases where the subpoena is for 1330 hours, or another time, the "standby" will start with time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of subpoena and 1700, plus thirty minutes travel time. In the event the employee is required to pay parking fees, the employee will be reimbursed. If the PD F-2 MOU 12-11-89 PAGE 24 RESOLUTION -- FIRE SAFETY employ..~equir.d to stay through noon recess, he will be paid for .actual time spent. All "standby", "on call". and "call back- pay will be at the regular straight rate. ARTICLE 31 phvsical Fitness The city shall pay medical fees for the physical examination of any fire safety member when such examination is required and directed by the city. ARTICLE 32 Reolacina/Reoairina Personal Prooertv The City shall continue to provide for the cost of replacing or repairing personal property, of any employee, which is lost or damaged in the performance of duty, as provided in Administrative Directives. ARTICLE 33 Safety Eauioment All employees who are required by state law to have safety equipment will be furnished the required safety equipment. ARTICLE 34 Personnel Files No member shall have any comment adverse to his interest PD F-2 MOU 12-11-89 PAGE 25 RESOLUTION -- FIRE SAFETY entered i~. personnel file, or any other file used for any personnel ~..s by his employer, without the member having first read and signed the instrument containing the adverse comment indicating he is aware of such co..ent, except that such entry may be made if after reading such instrument the member refuses to sign it. Should a member refuse to sign, that fact should be noted on the document, and signed or initialed by such member. A member shall have thirty days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. ARTICLE 35 Political Activitv Except as otherwise provided by law, or whenever on duty or in uniform, no member shall be prohibited from engaging, or be coerced or required to engage in political activity. ARTICLE 36 Investiaation Riahts When any member is under investigation and subjected to interrogation by the Fire Chief, or any other member of the Fire Department, which could lead to punitive action, such PD F-2 MOU 12-11-89 PAGE 26 RESOLUTION -- FIRE SAFETY interroga~ aha 1 1 be conducted under the fOllowing ~ condition~'por the purpose of this Article, punitive action ",-",- is defined as any action which may lead to dismissal, demo- tion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reason- able hour, preferably at a time when the member is on duty, or during the normal wakinq hours for the member. If such interroqation does occur during off-duty time of the member being interrogated, the member shall be compensated for such off-duty time in accordance with regular department procedures, and the member shall not be released from employment for any work missed unless the seriousness of the investigation requires otherwise. (b) The member under investigation shall be informed prior to such interrogation of the rank, name and command of the official in charge of the interrogation, the interrogating official, and all other persons to be present during the interrogation. All questions directed to the member under interrogation shall be asked by and through no more than two interrogators at one time. PD F-2 MOU 12-11-89 PAGE 27 RESOLUTION -- FIRE SAFETY (c) iii;" ,~ member under investigation shall be informed of nature of the investigation prior to the interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. (e) The member under interrogation shall not be sub- jected to offensive language or threatened with punitive action, except that a member refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interro- gat ion may result in punitive action. No promise of reward shall be made as an inducement to answer any question. The employer shall not cause the member under interrogation to be subjected to visits by the press or news media without his express consent nor shall his home address or photogragh be given to the press or news media without his express consent. PD F-2 MOU 12-11-89 PAGE 28 RESOLUTION FIRE SAFETY (f) ~- complete interrogation of a member may be :;-, - flCorded. If a tape recording is made of the interrogation, the member shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The member shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the member's personnel file. The member being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation. (g) If prior to or during the interrogation of a member it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. (h) Upon the filing of a formal written statement of charges or whenever an interrogation focuses on matters which are likely to result in punitive PO F-2 MOU 12-11-89 PAGE 29 RESOLUTION -- FIRE SAFETY ~ion against any member, that member, at his ~Iu..t, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This Article shall not apply to any interrogation of a member in the normal course of duty, counsel- ing, instruction, or informal verbal admonishment by, or other routine or unplanned contact with a supervisor or any other member, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. Lawful exercise of rights; insubordination; administrative appeal: (a) No member shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this Article, or the exercise of any rights under any existing administrative grievance procedure. PD F-2 MOU 12-11-89 PAGE 30 RESOLUTION -- FIRE SAFETY ~thing in this Article shall preclude a head of ~ agency from ordering a member to cooperate with other agencies involved in criminal investigations. If a member fails to comply with such an order, the agency may officially charge him with insubordina- tion. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the member with an opportunity for administrative appeal. ARTICLE 37 Financial Disclosure No member shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (inClUding those of any member of his family or household) unless such information is obtained or required under a state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties, or is necessary for the employing agency to ascertain the desir- ability of assigning the member to a specialized unit in which there is a strong possibility that bribes or other PD F-2 MOU 12-11-89 PAGE 31 RESOLUTION -- FIRE SAFETY improper ~nts may be offered. 'J ARTICLE 38 Locker Search No member shall have their locker, or other space for storage that may be assigned to them, searched except in their pre- sence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. ARTICLE 39 Use of citv Resources The Union may be granted permission to use Department facil- ities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with city needs. Per- mission to use facilities must be obtained by the Union from the Chief or designated representative. The Union shall be held fully responsible for any damages and for the security of any facility that is used by the Union. The Department will furnish adequate bulletin board space where currently available. Only areas designated by the PD F-2 MOU 12-11-89 PAGE 32 RESOLUTION -- FIRE SAFETY appoint~__authority may be used for posting notices. Bulletin Baird. may be used for the following notices: ~ A. Scheduled Union meetinqs, aqenda and minutes. B. Information on Union Elections and the results. C. Information regardinq Union special, recreational and related bulletins. D. Reports of official business of Union including reports of committees or the Board of Directors. E. Pay scales, job announcements, promotion lists, etc. F. Such other items as may be approved by the Depart- ment management upon request of the Union. Posted notices shall not be obscene, or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Union and should have the prior written approval of the Chief or his authorized repre- sentative. ARTICLE 40 Emplovee Representatives When requested by a member of the unit, a job representative may investigate any alleged grievance in the Department and assist in its presentation. The representatives shall be allowed reasonable time therefore during working hours PD F-2 MOU 12-11-89 PAGE 33 RESOLUTION -~ FIRE SAFETY without l~. of time or pay, upon notification and approval of their ~a.ediate supervisor with the concurrence of the appropriate Division or Fire Chief. The privilege of a Job Representative to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Representatives will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Representative will not be granted time-off, or compensation, for the purpose of handling grievances outside this unit. The Union shall notify the city of the names of each Job Representative. Anyone not on the list will not be recognized. A ratio of one Job Representative for every sixty permanent employees in the unit, but not less than four shall be recognized by the city. ARTICLE 41 Grievance Procedure PURPOSE: The city of San Bernardino and the Union realize the importance of a viable Grievance Procedure to aid in the resolution of disputes among employees, supervisors, and management. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of pro- PD F-2 MOU 12-11-89 PAGE 34 RESOLUTION -- FIRE SAFETY ces8inq .~~.vance is necessary. .."... Ji:- -:~ This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representatives of employees and management at all levels will make contin- uing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee .~ . shall not cast any adverse reflection on his standing with his supervisor or his loyalty as a city employee, nor be a reflection on the employee's supervisor or the department involved unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. DEFINITION OF A GRIEVANCE: A grievance is an alleged violation of the terms of this Resolution. Appeals arising out of civil Service examinations shall be submitted directly to the Civil Service Board. Allegations of discrimination shall be submitted to the Affirmative Action Officer. Once one of the above processes has begun, it shall be the exclu- sive one for the Union. PD F-2 MOU 12-11-89 PAGE 35 RESOLUTION -- FIRE SAFETY - REPRES~:ION: to be re~.ented. The aggrieved employee shall have the right This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organi- zation only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at anyone time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of this Resolution. CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed. TIME LIMITATIONS: Are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of this Grievance Procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal PC F-2 MOU 12-11-89 PAGE 36 RESOLUTION -- FIRE SAFETY grievanca~ be entertained in or advanced to any step if the parti~1ointlY so agree. STEPS IN THE GRIEVANCE PROCEDURE: The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee's grievance. An attempt to settle a grievance in the informal structure at the employee-super- visor level is required. The grievance must be submitted to the Informal Step within ten working days after the employee is aware of the conditions precipitating the grievance. 1) Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. within 5 working days, the supervisor shall give the decision to the employee orally. 2) Formal: Step 1. Written Grievance to Supervisor If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within 10 working days of PD F-2 MOU 12-11-89 PAGE 37 RESOLUTION -- FIRE SAFETY bei~Informed of the supervisor's informal decision. Withm 5 working days of receiving the written notification of the employee's grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within 5 working days after receipt of the written grievance. step 2. Meet with Division Head If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Division Head who may follow the steps outlined in step 1 above. In any event, the Division Head shall give a written decision to the employee within five working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Chief. step 3. Meet with Fire Chief If the grievance has not been satisfactorily resolved at this level, it may be appealed within 5 working days to the Chief who may follow the steps outlined in step 2 PD F-2 MOU 12-11-89 PAGE 38 RESOLUTION -- FIRE SAFETY abOV~ In any event, the Chief shall give a written deci.tDn to the employee within 5 workinq days after receipt of the grievance. If the qrievance has not been satisfactorily resolved at this level, it may be appealed within five working days to the Director of Personnel. step 4. Review bv the Director of Personnel within 5 working days after receiving the appeal, the Director of Personnel shall review the matter and give a decision. If the grievance has not been satisfactorily resolved by the Director of Personnel, the appeal may be made within 5 working days to the next step. step 5. a. If Final step the grievance has not been satisfactorily resolved, the employee may appeal to the City Administrator. Such appeal must be made within five working days, in writing, accompanied by the report of the Director of Personnel. b. The City Administrator will be advised of the general nature of the case and will set a time, date and place for hearing the grievance within 30 calendar days. The grievant and the Department will be notified of the PD F-2 MOU 12-11-89 PAGE 39 RESOLUTION -- FIRE SAFETY dat.~. and place of the hearing. ~ ~ c. Pre-hearing conferences will be held as necessary. witnesses or documentary evidence will be provided by each of the parties prior to the hearing. d. The decision of the City Administrator will be in writing and transmitted to the parties within 7 working days after the close of the hearing. The City Administrator's decision is final and binding on all parties, unless reversed by court decision. e. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievance. ARTICLE 42 polyqraoh Examination No member shall be compelled to submit to a polygraph exam- ination against his will. No disciplinary action or other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent PD F-2 MOU 12-11-89 PAGE 40 RESOLUTION -- FIRE SAFETY hearinq, t~.l or proceedinq, judicial or administrative, to ~ the eff.~ that the member refused to take a polygraph examination. ARTICLE 43 Labor Manaaement Committee The Union will designate four representatives who will meet with representatives of the Fire Department manaqement on a mutually agreeable basis to discuss matters pertinent to the welfare of the Department and the employees. The Union may have additional representatives present when appropriate for the discussion of scheduled matters. Normally such meetings shall be during regular working hours. ARTICLE 44 Severability If any provision of this Resolution is held by the proper legislative or judicial authority to be unlawful, unenforce- able, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter Cities, all other provisions of the Resolution shall remain in full force and effect for the duration of this Resolution. If there is any conflict between the provisions of this Resolution and the provisions of federal, state or local government regulations, the provisions of the federal, state or local government PD F-2 MOU 12-11-89 PAGE 41 RESOLUTION -- FIRE SAFETY -- regulati~.hall be controlling. Upon the issuance of a ....~ decision deClaring any Article, section or portion of this Resolution to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those Articles, sections or portions. ARTICLE 45 Notice of Intent to ReoDen The parties agree that, if either party desires to propose changes in the terms or conditions of this Resolution for the 1 period following expiration of this Resolution, the City and Union will strive to meet 60 days prior to the expiration of the Resolution and discuss their intent to negotiate. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. ARTICLE 46 Term This Resolution shall be effective from December 1, 1989 through November 30, 1990. If negotiations regarding a Memorandum of Understanding are in progress on November 30, 1990, this Resolution shall remain in effect until a PO F-2 MOU 12-11-89 PAGE 42 RESOLUTION -- FIRE SAFETY - succe..orliaorandum of Understanding or successor Resolution is adopted'~by the city. ARTICLE 47 prevailina Benefits All benefits, privileges, and working conditions authorized for the members at the present time, which are not included in this Resolution, shall remain in full force during the term of this Resolution unless changed by mutual consent. PD F-2 MOU 12-11-89 PAGE 43 RESOLUTION -- FIRE SAFETY - ._-- I N 0 E X ,~, "c-' TITLE Agency Personnel Rules Books and Tuition Allowance Court Fines Deferred Compensation Educational/longevity Pay Employee Representatives Employees' Rights Financial Disclosure Grievance Procedure Health Related Insurance Holidays Investigation Rights Labor Management Committee Leave provisions (Sick Leave see Page 13) Locker Search Management Rights Notice of Intent to Reopen Nondiscrimination On Call, Call-back, Standby PD F-2 MOU 12-11-89 ARTICLE ~ 2 4 25 21 29 23 13 14 28 23 40 33 5 7 37 31 41 34 16 15 9 12 36 26 43 40 15 15 38 32 4 5 45 42 3 5 30 24 PAGE 44 RESOLUTION -- FIRE SAFETY .- overtiJle ., Pay for Partaedic Assignment Payment of Unused sick Leave Payroll Deduction Personnel Files Physical Fitness Political Activity polygraph Examination Probationary Period Prevailing Benefits Re-employment Recognition Related Work Standards Replacing/Repairing Personal Property Retirement Plan Safety Committee Safety Equipment Seniority Severability sick Leave Term Trading Time Tuition Allowance (see "Books" ) PD F-2 MOU 12-11-89 8 11 19 19 27 22 18 18 34 25 31 25 35 26 42 40 21 20 47 43 ~ 20 20 1 4 24 21 32 35 14 14 26 22 33 25 23 21 44 41 11 13 46 42 17 17 25 21 PAGE 45 RESOLUTION -- FIRE SAFETY Use of ci ~_:".ources 39 32 Vacation ,~ ~ 10 12 Wages 6 8 Work Uniforms 22 20 Work Week 7 10 Workers Compensation Injury 12 13 PD F-2 MOU 12-11-89 PAGE 46