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HomeMy WebLinkAbout15- Personnel CITY OF SAN BERN, ZDINO - REQUEST F I COUNCIL, ACTION BARBARA DILLON RESOLUTION IMPLEMENTING MEMO- From: Subject: RANDUM OF UNDERSTANDING Dept: PERSONNEL BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN Date: AUGUST 18, 1994 THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT REPRESENTED BY Synopsis of Previous Council action: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS' LOCAL 891 kU91N.. OijIkU 24, 1993: The Mayor and Common Council imposed a contract on the Fire Safety Employees' bargaining unit. 9 AU3 94 10:Airi1 4, 1994: Mayor and Common Council (Closed Session) August 15, 1994: Mayor and Common Council (Closed Session) Recommended motion: Adopt resolution. Signature Barbara Dillon 384-5161 Contact person-, Phone: Yes Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Description) Finance: Council Notes: CITY OF SAN BERW IDINO - REQUEST V I COUNCIL -ACTION STAFF REPORT The contract with the Fire Safety Employees expired on June 30, 1993. The City Team and Fire Local 891 held twelve negotiations sessions through July 27, 1994. A tentative agreement was reached by the City Administrator with the Fire Safety Employees during the weekend of August 13-14, 1994. On August 17, 1994, the City Team met with Fire Local 891 to work out MOU language reflecting the tentative agreement. Attached is the Fire Safety Employees' Memorandum of Understanding (MOU). The term of the MOU is from July 1, 1993 through August 31, 1996. The new MOU includes the following key benefits: Reclassification Bonus One-time reclassification bonus of $700 for eligible P-1 Firefighters to P-2 Paramedic/Firefighter. t Health Benefits Increased City contribution to employee's health insurance, based on 1994-95 Kaiser South rates. The City contribution will be $353.58/mo. for employee plus one or more dependents, and $179.84/mo. for employees with no dependents. These benefits will be effective as of the first pay period following approval of the MOU. Retirement Benefits The City will contract with the Public Employees' Retirement System (PERS) to provide Post-Survivors' Retirement benefit, as of August 1, 1996, based on approval from PERS and Mayor and Common Council. Leave Provisions Employees elected to the union board will receive time off to perform official union functions, as of August 1, 1995. In reaching the tentative agreement, Fire Safety Employees gave back bilingual pay and the wellness program. Additional savings are expected from the union's commitment to holiday sellback and the implementation of constant staffing. Attachment: Resolution Implementing Memorandum of Understanding Between the City of San Bernardino and Employees in the Fire Safety Employees' Bargaining Unit Represented by International Association of Firefighters, Local 891 5-0264 1993 - 1996 FIRE SAFETY EMPLOYEES ' MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF PERSONNEL TABLE OF CONTENTS ARTICLE TITLE PAGE Definition of Terms 3 1 Recognition 5 2 Agency Personnel Rules 5 3 Nondiscrimination 5 4 Management Rights 5 5 Employees' Rights 6 6 Wages 7 7 Workweek g 8 Overtime g 9 Holidays g 10 Vacation 9 11 Sick Leave 9 12 Medical Exams 10 13 Workers' Compensation Injury 11 14 Deferred Compensation 11 15 Retirement Plan 11 16 Leave Provisions 12 17 Health/Related Insurance 12 18 Trading Time 13 19 Payroll Deductions 13 20 Paramedic Assignment 14 21 Re-Employment 15 22 Probationary Period 15 23 Work Uniforms 15 24 Seniority 15 25 Related Work Standards 15 26 Tuition Reimbursement 16 27 Safety Committee 16 28 Payment of Unused Sick Leave 17 29 Court Fines 17 30 On-Call, Call-Back, Standby 17 31 Replacing/Repairing Personal Property 18 32 Safety Equipment 18 33 Personnel Files 18 34 Political Activity 19 35 Investigation Rights 19 1 Fire Safety MOU AR TIC TITLE PAGE 36 Financial Disclosure 21 37 Locker Search 21 38 Use of City Resources 21 39 Employee Representatives 22 40 Grievance Procedure 22 41 Polygraph Examination 25 42 Labor Management Committee 25 43 Vacation and Holiday Sell-back 25 44 Constant Staffing 26 45 P-1/P-2 Reclassification 26 46 Severability 27 47 Notice of Intent to Reopen 27 48 Term 27 49 Prevailing Benefits 28 Index 29 2 Fire Safety MOU DEFINITION OF TERMS Administration: Shall include any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Appointing Authority Fire Chief, Deputy Chief or Assistant Chief of the City of San Bernardino Fire Department. it The City of San Bernardino. Classification: Firefighter, Fire Investigator, Engineer, Captain. 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 responsibilities. Department: San Bernardino City Fire Department. Division: Division shall refer to any one of the major Divisions of the Department. Employee Public Safety Officer: The term "employee" shall include all Safety personnel within the Fire Department bargaining unit. Employee Organization: San Bernardino and Rialto Firefighters Union, Local 891. Employer: Shall include the City of San Bernardino, the Fire Department, or any Management or Administrative representative or Elected Official thereof. 3 Fire Safety MOU Mandatory and Permissive: "Shall" is mandatory, "may" is permissive. Member: Shall include Fire Safety Personnel as defined by Section 1120021 of the Government Code in the classifications listed herein. MOU: Memorandum of Understanding. hi • Means a twenty-four hour duty for the Fire Department except for the positions of Fire Chief, Deputy Chief, or 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. Singular and Plural: The singular also includes the plural. t 4 Fire Safery MOU t ARTICLE 1 Recognition 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 Firefighters, Fire Investigators, Engineers and Captains of the San Bernardino Fire Department. ARTICLE 2 Agency 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 Promoting 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 proposed changes, by other than agreement, the Union shall be consulted 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 Memorandum of Understanding (MOU) 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, or political or religious opinions or affiliations. ARTICLE 4 Management Right This MOU 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 MOU except to the extent that the provisions of the MOU specifically curtail or limit 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 5 Fire Safety MOU management rights, which include, but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of 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 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 subcontract 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 performance programs and standards; discharge, suspend, 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 Employees' Rights 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. C. Be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisor, as a result of their exercise of rights indicated in (A) and (B) above. 6 Fire Safety MOU ARTICLE 6 Wages A. During the term of this MOU, the monthly salaries of Local Safety members of the San Bernardino Fire Department included in classifications Firefighter, Fire Investigator, 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 (10) 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 (10) cities used for fixing the monthly salaries shall be those ten (10) cities remaining from an original and complete list of all California cities in the 100,000 to 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 (10) cities remain. The representatives to strike the first name from the list shall be determined by lot. C. In the event one (1) or more of the ten (10) cities does not have one (1) 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 classification 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 (10) 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 Department to advance from the starting steps to the maximum pay steps 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 MOU. F. Any Local Safety member of the Fire Department temporarily acting in a position in a higher rank during a period of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive working days or five (5) 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, to which he would be entitled, were he promoted to that 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. 7 Fire Safety MOU ARTICLE 7 Workweek The average work week for "shift" personnel shall be 56 hours. Shift calendars shall be provided to employees by the City. ARTICLE 8 v im Overtime worked in the 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. Policy: 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 15 minutes and is non- accumulative and non-payable when incurred in units of less than 15 minutes. Holiday leave, sick leave, vacation leave and court time shall be considered as time worked for purposes of computing overtime compensation. C. Compensation: Payment for overtime shall be made on the first 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 Holidays All members within the bargaining unit shall be entitled to 12 holidays per year or six (6) shifts per year. 8 Fire Safety MO U 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 0.833 working days 5 shifts 10 15 days or 1.25 working days 7-1/2 shifts 20 20 days or 10 shifts 1.667 working days No vacation shall be granted if service is less than one year. In the event an employee has been permitted to take vacation which exceeds the number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual. Members will 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, except as modified by this MOU. The Fire DcTartment's prlc;tic:e is to sc he-dull a all wenibers' vacations pi for =:, ?anuary sE1©�r loll<o�rrag c��lcrldar y�e��r. Lerch ca?t )der yoar, in -ters will be permitted to l;avc� 1,o t al #lrs +�f banl ed vacation dais that we not adre:ady scheduled in advance. In carder to use eked va 0ot} der s rnt x must obt }in appro al in advance 'through their immeALte supe�sora :t�r:;. i n h�f,: ARTICLE 11 Sick Leave Definition of Sick Leave, leave means the absence from duty of any employee because of illness or injury (except as noted below), exposure to contagious disease, or attendance upon a member of his/her immediate family who is seriously ill and requires the care 9 Fire Safety MOU of, or attendance of, an employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in- law; stepparents; and, stepchildren. An employee may not use accumulated sick leave in conjunction with an industrial injury. Sick Leave Guidelines: Not more than five (5) days or 2-1/2 shifts of sick leave within any calendar year may be granted to employees for the care of, or attendance upon, members of their immediate family. No employee's absence due to illness in excess of five (5) days or 2-1/2 shifts shall be approved, except after the presentation of satisfactory evidence of illness; and, a certificate from a practicing physician shall be required by the Chief for approval concerning such absence. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor prior to the time set for beginning their daily duties, or as may be specified by the Chief. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal illness, except as otherwise provided herein. All members will be authorized to use earned sick leave after six (6) months of continuous employment with the City. For semi-monthly payroll, sick leave will accrue at the rate of 8.0 hours per month or at a rate of 4.0 hours per pay period for employees scheduled to work 40 hours per week, or 1/2 shift per month or 6.0 hours per pay period for shift employees, with no limit as to the number of days/shifts that may accrue. For purposes of usage, two (2) sick days shall equal one(1) shift. Resolution No. 6433, Section Five, shall remain in effect where applicable to the bargaining unit members, except as modified by this MOU. ARTICLE 12 'The Czty w�Il pay med�ca fees for the physical exam;nation cif a dare Safety member, when c1 exainatiart is required arid-directed by the CitX 1tt sued cases, the Gtr will pad for he::.�xam ?t?hen an employee has been placezl in zr sick leave program an is required tq b€ing< ii 10 Fire Safety MOU A��v 1 TEM <szc ev slFp venfyxng absence due>to zllness, tht<`C ty will pay the mecltcal` etotvo the etnpayee'x medcat tnsaxaaee, 'or the purpose of that+doctor's vtstt n tote event tat a Raton enges tit any ctrtatlment of xestnctian of cvorkfarit . :::.....:....... .M. tox blue one 'ke. the City will regtur # <pr n #can f c ficate fpmotgahs7era stt that an employee off a�n siek leave was atuall ands file toelura tv work, such ca , the �ty wtl not raj? the triedical fees fiat covered by the employee's medFCa inSurAneer `'he �ty €ll nc�t re�rnburse employ far ttme spent at the datarl C ARTICLE 13 Workers' Compensation Injury Members will have a choice of Doctor and Hospital for work-related injuries, in accordance with existing State Labor Code. ARTICLE 14 Deferred Compensation The City shall continue to sponsor a deferred compensation plan which shall be available to employees on a voluntary basis. ARTICLE 15 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 and Military Service Credit. The City shall continue to contract with PERS to provide the 1959 Survivor Benefit, Third Level. The City will pay seven percent (7%) of the members' contribution to PERS credited to the employee's account as a fringe benefit. 11 Fire Safety MOU ARTICLE 16 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, except as they are modified b this MOU. Tn:>czrcoms>< >vhcttherttt >Fedeal>Pa1:: :: 1 y ...........:......:.....:.. a » :: a ::< < ae:>i :c : tfi »s <xd #� t��r utertent » 8 EM eccfi± . o .>tnctu:: t <....::::::tdtie: #vtirili:'Qf#"tciaCltolt ................... :::: .::.:::.:::..:::::::...::.::.::: ::.:>:.;»;;>;;::::;;; ::.;;:::;:;;::.::»::.:;:::1�::.:i:..:'..::.'.;.::::.i.;;.;:.:::.. .:.:.:::.:::.:::.:::::.....: s� f��,t+ens, �nd•se�ttrsa.�ntlav l���;��ay� Ts'�"`3b�r:�€.s��cxi1 ARTICLE 17 Health/Related Insurance A ;:::...... ;:: . . . :............................ :.:...:..:... ;.:...... '... . .:. ..:.:..:..:.:. .:.. 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' ' air>?�€> sx... .e fc�r a 010,ee ortl >for 1994-9 and :thetssfi :........ . ::.....::::.............:..:.:1 :::::.::::::..:.::.::. :: :. .:::::::.:::::::::::.:::::.:::::. : .i :::.i::: ::::: ::::::::::::::::::::..... ........................................ .......... .,.:;..,,;`�.;:,;;;::mss:>:::�act de duets Thy Gpnfinbufi�Qn�s$179 $4fmonfih for 194 �5. '.�'hs��ulk _� �ft�rst a pof�tluvv�r �u�±cit:.:� royal of the Mt�t�. t...tho 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. Included in the contribution described in Section A, the City shall contribute a maximum of$16 per month per month per employee to be used exclusively for the purchase of medical insurance benefits. 12 Fire Safety MOU 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. F. Cafeteria 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 18 Trading Time Subject to the authorization of the Fire Chief :or Deputy Chief, n Battalion Chiefs, members C the bargaining unit should be allowed to trade time with other-'employees of equal ability on the following basiss ithe s probation: A. 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. B. In the event one part of a trade (either first part or second part) is not fulfilled for any reason, the employee not fulfilling his/her part shall owe the department for the amount of time missed. This shall be designated as an owed department payback at straight time. In the event the above does occur, the employee who did not fulfill his/her part may turn down a payback one time but must accept the payback on the second request. ARTICLE 19 Payroll 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 premiums deducted from the pay warrants of employees covered hereby shall be made to the Union within 30 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 13 Fire Safety MOU 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. ARTICLE 20 Paramedic Assignment Pay for paramedic duty shall be paid as listed below to personnel certified as "active" ::>: < :.<: ......................... by the Fire Chief. Pararne ass�gnmertt Pay will pease when paramedics are reclassed from to k' e± _paramedtcs conttrtue . hO lss�gnmei�t ' untll.the az re1e Y:::::.... ::::::::::: ::::::.::::.::::::::::::: .. ... ........:... Year Amount 0-1 $200/month 1-2 $250/month 2+ $300/month Only those individuals approved by the Fire Chief shall receive additional compensation as noted above. In qualifying for paramedic status, paramedics must meet and maintain the following standards: A. Recertify after completion of probation. B. Recertify aerdng �and bounty regulattozs. Paramedics failing to meet the above standards may be subject to termination from employment as a paramedic. The City will pay initial recertification fees charged by the County. Paramedics will pay for a repeat test, if they fail a previous test. $ubect to approval of thetrehef,continu;z�g education for paramedics may be' met ttunng on dutylpttr Irt additicm, w�tlx the: approval of the Fire Chief far each overtime requested,pararnedzcs w 11 be allowed to receive overtime for said:courses taken during off-duty ors but.. .no case wit overtime paid fv off at training exceed eight ) hours peg } ramedze1_ yearY Oflniinuing etlucahon is #Te responsibility o the paramedid: r,�spvns��' �t�`'�sing 'own � fQr earning continuing educatiq�n €inns; 14 Fire Safety MOU ARTICLE 21 Re-Employment A member who has terminated City employment, and who is subsequently rehired in the same classification in a regular position within a 90-day period, may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. ARTICLE 22 Probationary Period The probationary period for positions in this unit shall be 12 months from the date of hire. All newly promoted employees must also serve a one-year probationary period. ARTICLE 23 Work Uniforms The City will furnish, and replace as needed, four (4) work shirts and three (3) pairs of work trousers to each member. Guidelines for Fire Safety Employees include obtaining approval from the Battalion Chief, obtaining a "chit" from the Storekeeper, and going to the vendor, for uniforms. ARTICLE 24 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 to which the employee is presently assigned. The Department may use seniority in vacation scheduling, shift assignments and transfers within classifications. ARTICLE 25 Related Work Standards During the term of this MOU, 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 15 Fire Safety MOU for employees in that unit. ARTICLE 26 Tuition Reimbursement The City will continue, under its formalized procedures, to pay tuition costs for members who complete job-related courses of instruction, with a grade consistent with the City's affirmative action policy, which will increase their value to the City. Eligibility: Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the Board of Education. No mail-order courses will be approved. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program, but may be authorized and funded by the Department upon approval of the City Administrator. Reimbursement: Effective July 1, 1993, the amount of reimbursement shall be 50% of the equivalent of the tuition costs for up to three (3) units per quarter as charged by the California State University, San Bernardino, or one and one-half times that amount, if on a semester system. The Director of Personnel will recommend approval or disapproval based on the availability of budgeted funds for education tuition assistance. 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 tuition is requested. Procedures: Employees will submit copies of their approved applications to the Personnel Department according to City policies and procedures. Employees must include official verification of their final grades, with appropriate receipts for tuition costs. These will be returned to employees upon request. Applications not submitted to the Personnel Department according to City policies following completion of the course become void. ARTICLE 27 Safety 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 16 Fire Safety MOU Board meetings which will review such incidents, at least 48 hours in advance. ARTICLE 28 Payment of Unused Sick Leave After completion of five (5) years of continuous full-time employment with the City, every member shall, upon retirement or death, receive compensation for accumulated, unused sick leave, as follows: A. Fifty percent(50%)of the first 1,120 hours for 40-hour-per-week employees(560 hours) and 50% of the first 1,680 hours for 56-hour-per-week employees (840 hours); B. Twenty-five percent (25%) of all unused sick leave over the above amounts. 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. ARTICLE 30 On-Call, Call-Back Standby Any employee on 'on-call" status will receive a minimum of two (2) hours pay at time and one-half for all or any portion of a 24-hour day. If called back any time within the first two (2) hours of on-call, the time worked will be deducted from the two (2) hours on-call. If the "call-back" occurs after two (2) 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 two (2) hours standby pay at time and one-half. If the employee is called to court and does not go beyond 12:00 hours on that day, it will be considered part of the two (2) hours standby. If the employee has to appear after the noon recess, any additional time will be added to the two (2) hours standby plus one-half hour travel time. In cases where the subpoena is for 17 Fire Safety MOU 13:30 hours, or another time, the standby will start with time stated on the subpoena. In those cases where the subpoena is for 13:30 or later, the employee's time will be computed at the amount of time between the time of subpoena and 17:00, plus 30 minutes travel time. In the event the employee is required to pay parking fees, the employee will be reimbursed. If the employee is required to stay through noon recess, he will be paid for the actual time spent. All on-call, call-back and standby pay will be at the time and one-half overtime rate. ARTICLE 31 RenlacingRepairing Personal Property 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 32 Safety Equipment All employees who are required by state law to have safety equipment will be furnished the required safety equipment. ARTICLE 33 Personnel Files No member shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the member having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, 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 a witness who is a union representative, if the union representative is present. A member shall have 30 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. 18 Fire Safety MOU ARTICLE 34 Political Activity Except as otherwise provided by law, no member shall be prohibited from engaging, or be coerced or required to engage in political activity. No member shall be allowed to engage in political activity when in uniform or on duty. ARTICLE 35 Investigation Rights 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 interrogation shall be conducted under the following conditions. For the purpose of this Article, punitive action is defined as dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. A. The interrogation shall be conducted at a reasonable hour, preferably at the time when the member is on duty, or during the normal waking hours for the member. If such interrogation 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. C. The member under investigation shall be informed of the 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 subjected 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 interrogation 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 19 Fire Safety MOU interrogation to be subjected to visits by the press or news media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. F. The complete interrogation of a member may be recorded. 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 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 a interrogation focuses on matters which are likely to result in punitive action against any member, that member, at his/her request, 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, counseling, 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, Appeal: (1) 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. Nothing in this Article shall preclude a head of any 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 insubordination. (2) 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. 20 Fire Safety MO U ARTICLE 36 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, City policy, 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 desirability of assigning the member to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. ARTICLE 37 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to them, searched, except in the employee's presence, 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 spaces for storage that are owned or leased by the employing agency. ARTICLE 38 Use of City Resources The Union may be granted permission to use Department facilities 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. Permission 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 appointing authority may be used for posting notices. Bulletin Boards may be used for the following notices: A. Scheduled Union meetings, agenda and minutes; B. Information on Union Elections and the results; C. Information regarding Union special, recreational and related bulletins; 21 Fire Safety MOU 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 Department 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 representative. ARTICLE 39 Employee 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 therefor during working hours without loss of time or pay, upon notification and approval of their immediate supervisor with the concurrence of the appropriate Division or De 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 names of each Job Representative each January. Anyone not on the list will not be recognized. A ratio of one (1)Job Representative for every 60 permanent employees in the unit, but not less than four (4) shall be recognized by the City. ARTICLE 40 Grievance Procedure PurMsse 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 processing a grievance is necessary. This procedure is intended to establish a systematic means to process a grievance and to 22 Fire Safery MOU obtain fair and proper answers and decisions regarding employee complaints. The representatives of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. This article supersedes the grievance procedure in Resolution 10585. The initiation of a grievance in good faith by employees shall not cast any adverse reflection on their standing with their supervisors or their loyalty as City employees, nor be a reflection on the employees' supervisors or the department involved, unless it is determined that such department or supervisors have grossly abused management discretion or the employees have grossly abused the grievance process. Definition of a Grievance: A grievance is an alleged violation of this MOU. Only the employee aggrieved by supervisory or management action may file a grievance. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure, or through appeals to the Civil Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. Additionally, allegations of discrimination and harassment shall be submitted to the Affirmative Action Officer. Representation: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one (1) representative for any employee at any one (1) time, unless the person hearing the grievance 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 MOU. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed. The City also has the right to consolidate responses to grievances. If the grievant is a group of three (3) or more employees, the group shall appoint one (1) or two (2) employees, who signed the grievance, to speak for the collective group throughout the grievance process. Time Limitations: Time limits 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 grievance may be entertained in or advanced to any step if the parties jointly 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-supervisor level is required. The grievance must be 23 Fire Safety MOU submitted to the Informal Step within ten (10) working days of the incident causing the grievance, or of the grievant's knowledge of the incident's occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. A. Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. Within ten (10)working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. B. Formal: SSp 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 ten (10)working days of being informed of the supervisor's informal decision. Within ten (10) 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 ten (10) working days after receipt of the written grievance. Stt p 2 Meet with Division Head/Battalion Chief: If the grievance has not been satisfactorily resolved at the supervisor level, it may be appealed within ten (10) working days to the Division Head, who may follow the steps outlined in Step 1 above. In any event, the Division Head/Battalion Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed with ten (10) working days to the Chief. Step 3. Meet with Fire Chief or Designee: Upon receipt of the grievance, the Fire Chief or Designee may follow the steps outlined in Step 2 above. In any event, the Fire Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten (10) working days to the Director of Personnel. Step 4. Review by the Director of Personnel: Within ten (10) working days after receiving the appeal, the Director of Personnel, or his/her designee, shall meet with the employee, and, if the employee desires, the designated Union representative. The Director of Personnel or designee shall deliver his/her answer, in writing, to the employee within ten (10) working days after the meeting. Step 5. Final Step: 1. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or his/her designated representative within ten (10) working days from the date of delivery of said answer. State in writing the desired result. 24 Fire Safety MOU 2. The City Administrator or his/her designated representative shall deliver his/her answer, in writing, within ten (10) working days after receipt of the appeal. 3. The decision of the City Administrator or his/her designated representative is final and binding on all parties, unless reversed by a court decision. 4. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievance. ARTICLE 41 Polygraph Examination No member shall be compelled to submit to a polygraph examination against his/her 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 hearing, trial or proceeding, judicial or administrative, to the effect that the member refused to take a polygraph examination. ARTICLE 42 Labor Management Committee The Union will meet with Fire Department management on a mutually agreeable basis to discuss matters pertinent to the welfare of the Department and the employees. The Union will designate four (4) representatives to sere on Ct?n mltte Either the Union or the City may have additional members present, when mutually agreed upon in advance of a scheduled meeting. Normally, such meetings shall be during regular working hours. ARTICLE 43 Once per year, each person in the bargaining unit; cs has gassed obalaa will be granted the option of selling their vacation and holidays back to the City. Employees may sell back prospective holiday and/or vacation time up to six shifts of holiday and ten shifts of vacation ........etas committed encourage ho 111 self back at an annum savtt s 50,0 (3 or.:mire: Holiday and/or vacation usage picks will be made no later than December 31 st each year. 25 Fire Safety MOU The Fire Department will provide this information to the Finance Department, by February 1st of the following year. The Finance Department will process sell-back information for a lump- sum payment on the first payday in March each year. Individuals who do not use all of the available holidays within the calendar year will have the balance of holiday hours remaining paid by the following March. .................................... i:T:�:A7:�! ���:..�� �:�Ri�blriltiiiaT����4Tkii4t�kli:? 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If there is any conflict between the provisions of this MOU and the provisions of federal, state or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any Article, section or portion of this MOU 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. ART ICLE_ T Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, the City and Union will strive to meet 60 days prior to the expiration of the MOU 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 .4$ Term With the exception of specific it a frames aril effec,--Aates for individual Articles, this MOU shall be effective from July 1, 1993 through August 3I, If negotiations regarding an MOU are in progress on ur19! , this MOU shall remain in effect until a successor MOU is adopted by the a`' ctd>> or'< ric ii 27 Fire Safety MOU AxT1czl a9 Prevailing Benefits All benefits,privileges, and worldng conditions authorized for the members at the present time, which are not included in this MOU, shall remain in full force during the term of this MOU unless changed by mutual consent. 28 Fire Safery MOU INDEX TITLE ARTICLE PAGE Agency Personnel Rules 2 5 Court Fines 29 17 Constant Staffing 44 26 Deferred Compensation 14 11 Definition of Terms 3 Employee Representatives 39 22 Employees' Rights 5 6 Financial Disclosure 36 21 Medical Exams 12 10 Vacation and Holiday Sell-back 43 25 Grievance Procedure 40 22 Health/Related Insurance 17 12 Holidays 9 8 Investigation Rights 35 19 Labor Management Committee 42 25 Leave Provisions (Sick Leave, see Pg. 13 ) 16 12 Locker Search 37 21 Management Rights 4 5 Nondiscrimination 3 5 Notice of Intent to Reopen 47 27 29 Fire Safety MOU TITLE ARTICLE PA E On-Call, Call-Back, Standby 30 17 Overtime 8 8 P-1/P-2 Reclassification 45 26 Paramedic Assignment 20 13 Payment of Unused Sick Leave 28 17 Payroll Deductions 19 13 Personnel Files 33 18 Political Activity 34 19 Polygraph Examination 41 25 Probationary Period 22 15 Prevailing Benefits 49 28 Re-Employment 21 15 Recognition 1 5 Related Work Standards 25 15 Replacing/Repairing Personal Property 31 18 Retirement Plan 15 11 Safety Committee 27 16 Safety Equipment 32 18 Seniority 24 15 Severability 46 27 Sick Leave 11 9 30 Fire Safety MOU TITLE ARTICLE PAGE Term 48 27 Trading Time 18 13 Tuition Reimbursement 26 16 Use of City Resources 38 21 Vacation 10 9 Wages 6 7 Work Uniforms 23 15 Workweek 7 8 Workers' Compensation Injury 13 11 31 Fire Safety MOU 1 Resolution No. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO 4 AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE 5 CITY OF SAN BERNARDINO REPRESENTED BY INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS' LOCAL 891. 6 7 WHEREAS the designated representatives of the Mayor and Common Council met and 8 conferred in good faith with representatives of International Association of Fire Fighters' Local 9 891 representing the unit of Fire Safety employees of the City of San Bernardino, in accordance 10 11 with the provisions of Government Code Sections 3500-3510,to agree upon a new Memorandum 12 of Understanding (MOU); 13 WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of 14 which is attached hereto and incorporated herein) effective July 1, 1993, through August 31, 15 1996. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 17 SAN BERNARDINO AS FOLLOWS: 18 19 SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours 20 and working conditions for employees in the Fire Safety employees' bargaining unit of the City 21 of San Bernardino. 22 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 23 Common Council of the City of San Bernardino at a meeting thereof, held on 24 25 the day of , 1994, by the following vote to wit: 26 27 28 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAINING UNIT OF THE 3 CITY OF SAN BERNARDINO REPRESENTED BY INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS' LOCAL 891. 4 5 COUNCILMEMBERS AYES NAYS ABSENT ABSTAIN 6 NEGRETE 7 CURLIN 8 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 pOPE-LUDLAM 13 MILLER 14 15 City Clerk 16 17 The foregoing resolution is hereby approved this day of , 18 1994. 19 20 Tom Minor, Mayor City of San Bernardino 21 Approved as to 22 form and legal content: 23 JAMES F. PENMAN 24 City Attorney 25 By: 26 27 28 2