HomeMy WebLinkAbout11/16/2010, C1 - AGENDA EMPLOYEE AGREEMENTScounci l
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Meet Date 11-16-1 1
Item Numbex
C I T Y O F S A N L U I S O B I S P O
FROM :
Monica Irons, Director of Human Resource s
SUBJECT : Employee Agreements, January 1, 2011 through December 31, 201 1
RECOMMENDATIO N
1.Adopt resolutions for management and confidential compensation and benefits resulting in a n
estimated $323,000 in savings during the term of the agreements, January 1, 2011 throug h
December 31, 2011 .
2.Authorize the City Manager to execute agreements with the International Association o f
Firefighters, Local 3523 (Fire Union) and the San Luis Obispo City Employees' Associatio n
(SLOCEA), upon ratification by their respective memberships, that result in an estimate d
$167,000 in savings during the term of the agreements, January 1, 2011 through Decembe r
31, 2011 .
DISCUSSIO N
Backgroun d
Wages, hours, and benefits are established through memorandums of agreement (MOA) wit h
represented labor units . On December 31, 2010, MOAs with three of the City's five represented
labor units expire . Those units are : the San Luis Obispo City Employees' Associatio n
(SLOCEA), the San Luis Obispo Police Officers' Association (POA), and the Internationa l
Association of Firefighters, Local 3523 (Fire Union). Compensation for unrepresented manager s
and confidential employees is set by resolutions that also expire on December 31, 2010 .
Together, these five employee groups equate to about 94% of the City's regular staff .
The City has an obligation to meet and confer in good faith with its represented employee group s
prior to changing wages, hours, or working conditions . While the City does not have this sam e
obligation with its unrepresented management and confidential employees, it finds that engagin g
employees in matters that affect them serves the organization and community well .
After receiving guidance and negotiating instructions from the City Council, in late Septembe r
each of the above employee groups were asked to meet to discuss the City's interest in reachin g
short-term labor agreements in an expedited manner . During these meetings staff discussed th e
City's current and forecasted financial situation . The information was based on the Interi m
Financial Forecast presented to the City Council in May 2010 and Five-Year General Fund Fisca l
Forecast presented to Council on October 19, 2010 . Knowing these discussions and negotiation s
were going to take place the Five Year Forecast was produced two months earlier than is typical .
That forecast indicates an estimated average annual budget gap of $2 .6 million over the next fiv e
years (2011-12 through 2015-16). Employee groups were asked to consider one year agreement s
that avoid increasing labor costs by forgoing typical items such as cost of living increases or
Employee Agreements 2011
Page 2
increases to the City's health contribution on behalf of employees . This approach helps contai n
labor costs and achieves some savings, while allowing time for further input and Counci l
direction on more comprehensive and longer term labor cost containment strategies .
The City's comprehensive budget process, including enhancements focused on servic e
prioritization, will guide policy direction and longer term actions . In addition, the Financia l
Sustainability Task Force will provide recommendations to the City Manager in December fo r
potential revenue generation as well as cost reduction measures . These activities, along wit h
clear policy guidance from Council will better frame the next round of discussions with
employee groups .
Gaining Agreement with Employee s
Discussions were initiated with all groups that have MOAs or agreements expiring on Decembe r
31, 2010 . Each group voiced a willingness to work productively with the City during thes e
challenging financial times . Productive meetings took place during October and November wit h
the unrepresented management and confidential employees as well as with Fire Unio n
representatives and SLOCEA representatives . Schedules have been challenging for the POA, but
staff expects further feedback from them in mid-November after this Council meeting . An d
while all groups understand that cost of living has been low and is expected to remain low, th e
increase in health insurance premiums will impact employees . Premiums will increase nin e
percent on average . The impact of the increase varies between employee groups and individual s
but some employees could be impacted by as much as $220 per month .
Summary of Tentative Agreements
The following summarizes the proposed tentative agreements with the Fire Union and SLOCEA :
1.The Fire Union agreed to no across the board increases and no increase to the City's healt h
contribution . The City agreed to operational no cost items including a more efficient an d
effective Station Bid process proposed by the Fire Union . The revised process saves time an d
resources while improving service to the community. The open bid process will allow Fir e
suppression employees to stay at a station; gaining intimate familiarity with their assigne d
district, the tools and equipment at the station, and a thorough understanding of the uniqu e
needs and challenges of that location . The proposed bid process brings much improve d
operational efficiency as employees only bid on assignments when a vacancy is identified .
2.The City's general employees,represented by SLOCEA,also agreed to no across the boar d
increases and no increase to the City's health contribution .
The Fire Union has ratified the above tentative agreement and SLOCEA is expected to prior t o
the November 16, 2010 Council meeting .
The following summarizes the attached resolutions with unrepresented management an d
confidential employee groups :
G :\Council\Agenda reports\201O\20I I Labor Agreements 11_16_10\LaborAgreements2011 .doc
Employee Agreements 2011
Page3
1.For the second calendar year in a row, unrepresented management employees will not
receive a cost of living increase . The City's health contribution for these employees will als o
remain unchanged . Other modifications to department head and appointed officia l
compensation contribute to the overall savings .
2.Unrepresented confidential employees will also not receive an across the board salar y
increase, nor an increase in the City health insurance contribution .
FISCAL IMPACT
Agreements with four employee groups (approximately 81% of the employees covered unde r
agreements that expire at year end) to contain employee salary and benefit costs provid e
organization-wide savings of about $490,000 annually compared with initial budget estimates .
ALTERNATIVE S
Do not approve the resolutions or authorize the City Manager to prepare and execute
amendments to Memorandum of Agreement pursuant to the tentative agreements.This
alternative is not recommended, as the resolutions and tentative agreements are consistent with th e
Council's previous direction and the City's employer-employee relations policies .
ATTACHMENT S
1.Management compensation resolution .
2.Confidential employees' compensation resolution .
3.Third Amendment to SLOCEA MOA .
4. Agreement with Fire Union .
G:\Council\ Agenda reports\ 2010\201 I Labor Agreements 11_16_I0\LaborAgreements20I l .doc
Attachment 1
Page 1 of 8
RESOLUTION NO. (2010 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
REGARDING MANAGEMENT COMPENSATION FOR APPOINTED OFFICIAL S
AND MANAGEMENT EMPLOYEES AND SUPERSEDING PREVIOU S
RESOLUTIONS IN CONFLIC T
WHEREAS,the unrepresented management employees of the City of San Luis Obispo me t
multiple times during the month of October to identify short-term cost savings that could b e
accomplished in calendar year 2011 to minimize the City's financial challenges ; and
WHEREAS,the managers acknowledge the fiscal challenges facing the City of San Lui s
Obispo and are committed to working with the City to help achieve long-term solutions in futur e
resolutions ; and
WHEREAS,the managers have agreed to short-term cost containment actions in calenda r
year 2011 ;
NOW, THEREFORE, BE IT RESOLVED,that the Council of the City of San Lui s
Obispo hereby revises management compensation as follows :
SECTION 1 .This resolution shall be in effect from January 1, 2011 through December
31, 2011 .
SECTION 2 . Management will not receive a cost of living increase during calendar year
2011 .
SECTION 3 .Management will not receive an increase to the City's health contribution
during calendar year 2011 .
SECTION 4 .The City Manager will not receive a car allowance of $450 per month a s
provided in Resolution 9440 (2003 Series) during calendar year 2011 .
SECTION 5 .Cash out of administrative leave will be suspended for the resolution term .
SECTION 6 .The City shall continue to provide employees certain fringe benefits as se t
forth in Exhibit "A", fully incorporated by reference .
SECTION 7 . The Director of Finance and Information Technology shall reduce th e
appropriate accounts to reflect the compensation changes .
Attachment 1
Page 2 of 8
Upon motion of , seconded b y
, and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this 16th day of November, 2010 .
Mayor David F . Romero
ATTEST :
Elaina Cano
City Clerk
APPROVED AS T O
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Management Resolutio n
2011 .DOC
Attachment 1, EXHIBIT "A "
Page 3 of 8
MANAGEMENT FRINGE BENEFITS 201 1
Section A
Medical, Dental, Visio n
The City shall establish and maintain medical, dental and vision insurance plans for departmen t
head and management employees and their dependents . The City reserves the right to choose th e
method of insuring and plans to be offered .
The City has elected to participate in the PERS Health Benefit Program pursuant to the Publi c
Employees' Medical and Hospital Care Act (PEMHCA) with the "unequal contribution option "
at the PERS minimum contribution rates, $108 per month for active employees and $97 .20 for
retirees as of January 1, 2011 . The City's contribution toward retirees shall be increased by 5 %
per year of the City's contribution for the active employees until such time as contributions fo r
employees and retirees are equal .
Employees with proof of medical insurance elsewhere are not required to participate in th e
medical insurance plan and may receive the unused portion of the City's contribution (afte r
dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan .
Those employees will be assessed $16 .00 per month to be placed in the Retiree Health Insuranc e
Account . This account will be used to fund the City's contribution toward retiree premiums an d
the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs .
However, there is no requirement that these funds be used exclusively for this purpose, nor an y
guarantee that they will be sufficient to fund retiree health costs, although they will be used fo r
employee benefits .
Employees will be required to participate in the City's dental and vision plans at the employee -
only rate . Should they elect to cover dependents in the City's dental and vision plans, they ma y
do so, even if they do not have dependent coverage for medical insurance .
Employees shall participate in term life insurance of $4,000 through payroll deduction as a par t
of the cafeteria plan .
Section B
Cafeteria Plan Contributio n
The City's contribution to the Cafeteria Plan for regular, full-time employees will remain the
same as the 2010 amounts .
Employee Only
$469 monthl y
Employee + 1
$938 monthl y
Employee + Family
$1254 monthl y
Employees with proof of medical insurance elsewhere my elect to opt out of the City's medica l
plan and receive a $200 cafeteria contribution . Employees who opted out of the City's medica l
insurance coverage and were hired prior to September 1, 2008 were "grandfathered" in at th e
$790 per month contribution level, until that time when they elected to be covered under th e
tiered contribution structure . An employee elects to be covered under the tiered contribution
Resolution No . (2010 Series)
Attachment 1, EXHIBIT "A "
Management Fringe Benefits 2011 Page 4 of8
structure when he or she enrolls as an employee only or with dependents (employee plus one o r
family). At that time the employee would no longer be grandfathered in at the $790 per mont h
contribution, but would receive the tiered contribution amount .
Employees hired prior to September 1, 2008 that had employee only medical insurance coverag e
were "grandfathered" in at the $790 per month contribution level, until such time when the y
added dependents or opted out . At that time the employee would no longer be grandfathered i n
at the $790 per month contribution, but would receive the tiered contribution amount .
Less than full-time employees shall receive a prorated share of the City's contribution .
The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in th e
event that an employee has exhausted all paid time off due to an employee's catastrophic illness .
Section C
Life and Disability Insuranc e
The City shall provide the following special insurance benefits in recognition of managemen t
responsibilities :
1.Long-term disability insurance providing 66 2/3% of gross salary (maximum benefi t
$5,500 per month) to age 65 for any sickness or accident, subject to the exclusions i n
the long-term disability policy, after a 30-day waiting period .
2.
In addition to $4,000 term life insurance purchased by the employee through th e
cafeteria plan a $100,000 term life insurance for department heads and $50,000 ter m
life insurance for management employees, including accidental death an d
dismemberment .
Section D
Retiremen t
The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2 .7 %
at 55 plan to all eligible employees including the amendments permitting conversion of unuse d
sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year fina l
compensation, and pre-retirement Option 2 death benefit .
The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in thei r
departments .
The City agrees to pay the employee's contribution to Ca1PERS (8% for miscellaneous, 9% fo r
safety). These amounts paid by the City are employee contributions and are paid by the City t o
satisfy the employee's obligation to contribute the current percentage of salary to CaIPERS . An
employee has no option to receive the contributed amounts directly instead of having them pai d
by the City to Ca1PERS on behalf of the employee . It is further understood and agreed that th e
payment of the employee's Ca1PERS contribution is made subject to I .R.S . approval an d
reporting procedures .
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_I0\Management Fring e
Benefits 2011 .doc
Resolution No . (2010 Series)
Attachment 1, EXHIBIT "A "
Management Fringe Benefits 2011 Page 5 of8
The City shall report as salary all Employer-Paid Member Contributions (EPMC) to Ca1PER S
for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4).
Section E
Supplemental Retiremen t
The City shall contribute 1% of salary for management employees and 2% of salary for
department heads to a defined contribution supplemental retirement plan established i n
accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 an d
California Government Code sections 53215-53224 .
Section F
Retiree Medical Benefit Trus t
Management employees participate in the San Luis Obispo Employees Retiree Medical Trust .
This trust aims to provide for health insurance and other medical expense reimbursements to Sa n
Luis Obispo City Employees Association (SLOCEA) and management employees afte r
retirement . The Trust is administered separately by SLOCEA and a Board of Trustees . The Cit y
is not involved with the establishment or administration of the Trust . Included in the funding fo r
the Trust will be amounts designated by SLOCEA to be deducted from each employees '
paycheck . The City's sole responsibility is to forward the designated amounts to the Trust . Th e
employee contribution is currently $100 per month and $6 .50 per month to SLOCEA fo r
administration of the Trust . Details of the Trust are found in the Trust Agreement Governing th e
San Luis Obispo Employees Retiree Medical Trust dated July 1, 2004 .
Appointed officials and public safety chiefs have opted not to participate in the Retiree Medica l
Trust .
SectionG
Pay for Performanc e
In 1996 the City Council established the Management Pay for Performance System for managemen t
employees . The system is designed to recognize and reward excellent performance by manager s
and to provide an incentive for continuous improvement and sustained high performance . Instead
of step increases, the management employee moves through his/her salary range solely accordin g
to accomplishment of objectives and job-related behavior . Further information about th e
Management Pay for Performance System can be found in the Management Pay for Performanc e
System Guide .
Section H
Vacatio n
Vacation leave is governed by section 2 .36 .440 of the Municipal Code, except that it may b e
taken after the completion of the sixth calendar month of service since the benefit date . Vacation
leave shall be accrued as earned each payroll period provided that not more than twice the annua l
rate may be carried over to a new calendar year .
However, if the City Manager determines that a department head has been unable to tak e
vacation due to the press of City business, the City Manager may approve a two-month extensio n
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_ 16_10\Management Fring e
Benefits 2011 .doc
Resolution No . (2010 Series)
Attachment 1, EXHIBIT "A "
Management Fringe Benefits 2011 Page 6 of8
of maximum vacation accrual . The City Manager may, within two years of appointing a
department head, increase the rate of vacation accrual to a maximum of 120 hours per year .
Vacation schedules for management employees shall be based upon the needs of the City an d
then, insofar as possible, upon the wishes of the employee . A department head may not deny a
management employee's vacation request if such denial will result in the loss of vacation accrua l
by the employee, except that, a department head may approve a two-month extension o f
maximum vacation accrual . However, in no event shall more than one such extension be grante d
in any calendar year .
Department Head and management employees are eligible, once annually in December, t o
request payment for up to 40 hours of unused vacation leave provided that an employee's overal l
performance and attendance practices are satisfactory .
Section I
Administrative Leave
Department heads and appointed officials shall be granted 80 hours of administrative leave pe r
calendar year . Department heads shall have the option of taking such leave as additional pai d
leave or receiving cash for up to 80 hours at year end upon approval of the City Manager . Fo r
the 2011 calendar year, the cash out provision for department head administrative leave i s
suspended .
Management employees shall be granted up to 48 hours of administrative leave per calenda r
year .
Administrative leave hours shall be pro-rated when a department head or management employe e
is appointed or leaves employment during the calendar year . The employee's final check will b e
adjusted to reflect the pro-rated hours .
Department Heads and Managers are considered exempt from the overtime provisions of the Fai r
Labor Standards Act (FLSA) and not eligible for overtime payment . In general, managemen t
employees are expected to work the hours necessary to successfully carry out their duties an d
frequently must return to work or attend meetings and events outside their normal workin g
hours . However, when specifically authorized by the department head due to extraordinar y
circumstances, a management employee may receive overtime payment of time and one-half fo r
hours worked above and beyond what would be considered normal work requirements during a n
emergency event lasting at least eight (8) hours .
Section J
Holiday s
Department heads and management employees shall receive 11 fixed plus 2 floating holidays pe r
year . The floating holidays shall be accrued on a semi-monthly basis and added to the vacatio n
accrual .
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Management Fring e
Benefits 2011 .doc
Resolution No . (2010 Series)
Attachment 1, EXHIBIT "A "
Management Fringe Benefits 2011 Page 7 of8
Section K Sick Leave
Sick leave is governed by section 2 .36 .420 of the Municipal Code . An employee may take up t o
16 hours per year of sick leave if required to be away from the job to personally care for a
member of his/her immediate family as defined in Section 2 .36 .420 . This may be extended to 4 0
hours per year if the family member is part of the employee's household and to 56 hours if a
household family member is hospitalized and the employee submits written verification of suc h
hospitalization . If the family member is a child, parent or spouse, an employee may use up to 4 8
hours annually to attend to the illness of the child, parent or spouse, instead of the lesse r
maximums above, in accordance with Labor Code Section 233 .
In conjunction with existing leave benefits, department head and management employees wit h
one year of City service who have worked at least 1,280 hours in the previous year may b e
eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family an d
Medical Leave Act and the California Family Rights Act .
Sick leave may be used to be absent from duty due to the death of a member of the employee's
immediate family as defined in Section 2 .36 .420, provided such leave shall not exceed fort y
working hours for each incident . The employee may be required to submit proof of relative's
death before being granted sick leave pay . False information concerning the death o r
relationship shall be cause for discharge .
Upon termination of employment by death or retirement, a percentage of the dollar value of th e
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary o r
beneficiaries according to the following schedule :
(A)Death — 25 %
(B)Retirement and actual commencement of Ca1PERS benefits :
(1)After ten years of continuous employment — 10%
(2)After twenty years of continuous employment — 15 %
Section L
Workers' Compensation Leav e
An employee who is absent from duty because of on-the-job injury in accordance with Stat e
workers' compensation law and is not eligible for disability payments under Labor Code Sectio n
4850 shall be paid the difference between his/her base salary and the amount provided b y
workers' compensation law during the first ninety (90) business days of such temporar y
disability absence . Eligibility for workers' compensation leave requires an open workers '
compensation claim .
Section M Vehicle Assignment
For those department heads requiring the use of an automobile on a regular 24-hour basis t o
perform their normal duties, the City will, at City option, provide a City vehicle or an appropriat e
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Management Fring e
Benefits 2011 .doc
C1-10
Resolution No . (2010 Series)
Attachment 1, EXHIBIT "A"
Management Fringe Benefits 2011 Page 8 of8
allowance for the employee's use of a personal automobile . Department heads who are no t
provided a City vehicle shall receive a car allowance of $236 per month .
The use of a personal automobile for City business will be eligible for mileage reimbursement i n
accordance with standard City policy .
Section N
Uniform Allowanc e
Employees who are required to wear a uniform, including the Fire Chief, Fire Marshal an d
Police Chief, shall receive the same uniform allowance as those they directly supervise .
Section 0
Appointed Official s
The fringe benefits outlined in this exhibit for department heads apply to appointed officials ,
except where they have been modified by council resolution .
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Management Fring e
Benefits 2011 .doc
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Attachment 2
Page 1 of 2
RESOLUTION NO .
(2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
REGARDING CONFIDENTIAL EMPLOYEES' COMPENSATION AN D
SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLIC T
WHEREAS,the City of San Luis Obispo has designated the Administration Executiv e
Assistant, the Human Resources Administrative Assistant, the Legal Assistant/Paralegal an d
the Human Resources Specialist as confidential employees pursuant to the Government Code ,
WHEREAS,confidential employees are precluded from collective bargaining an d
therefore are not governed by a collective bargaining agreement ,
WHEREAS,the wages, hours and other terms and conditions of employment fo r
confidential employees are established by resolution ,
WHEREAS,the confidential employees of the City of San Luis Obispo met multipl e
times during the month of October to identify short-term cost savings that could b e
accomplished in calendar year 2011 to minimize the City's financial challenges ; an d
WHEREAS,the confidential group acknowledges the fiscal challenges facing the Cit y
of San Luis Obispo and is committed to working with the City to help achieve long-ter m
solutions in future resolutions ;
NOW, THEREFORE, BE IT RESOLVED,that the Council of the City of San Lui s
Obispo hereby revises confidential compensation as follows :
SECTION 1 .This resolution shall be in effect from January 1, 2011 through
December 31, 2011 .
SECTION 2 . Confidential employees will not receive a cost of living increase durin g
calendar year 2011 .
SECTION 3 .Confidential employees will not receive an increase to the City's healt h
contribution during calendar year 2011 .
SECTION 4 .All other compensation and benefits afforded confidential employee s
under Resolution No . 10085 (2009 Series) not superseded by the above, shall remain in ful l
force and effect .
SECTION 5 .The Director of Finance and Information Technology shall reduce th e
appropriate accounts to reflect the compensation changes .
Attachment 2
Page 2 of 2
Upon motion of , seconded by
, and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this 16th day of November, 2010 .
Mayor David F . Romero
ATTEST :
Elaina Cano, City Clerk
APPROVED AS TO FORM :
Christine Dietrick, City Attorne y
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Resolution Confidentials 2011 .doc
Attachment 3
Page 1 of 2
THIRD AMENDMEN T
to the January 1, 2006 — December 31, 2009 Memorandum of Agreemen t
Between
the City of San Luis Obispo
and
the San Luis Obispo City Employees' Association ("SLOCEA")
PURPOSE OF THIS AMENDMEN T
The San Luis Obispo City Employees' Association ("Association") recognize s
the financial difficulties facing the City of San Luis Obispo ("City") an d
therefore, agrees to extend the terms and conditions of the MOA, except a s
provided herein, to facilitate the City's financial planning process in thes e
difficult economic times .
II.ARTICLE 3, TERM OF AGREEMEN T
Upon adoption by Council, this Amendment shall become effective January 1 ,
2011, except those provisions which have specific implementation dates shal l
be implemented on those dates, and shall remain in full force and effect unti l
midnight December 31, 2011 .
III.ARTICLE 5, SALARY, Section D, Salary Provision for the Term o f
Agreemen t
The City and SLOCEA agree there shall be no cost of living increase t o
salaries for the term of this Amendment .
IV.ARTICLE 1 6
Insurance and Refund, Section A, Contributio n
The Association agrees to waive its rights to meet and confer to propose a
health care insurance contribution increase in calendar year 2011 . During th e
term of this Amendment from January 1, 2011 through December 31, 2011 ,
there shall be no increase in health care contribution .
The City shall contribute the monthly amounts as set forth below for th e
Cafeteria Plan benefits for each regular, full time employee covered by thi s
Amendment . Less than full-time employees shall receive a prorated share o f
the City's contribution .
Employee Only
$ 469 .00
Employee Plus One
$ 928 .0 0
Family
$1,255 .00
1
Attachment 3
Page 2 of 2
Employees shall be eligible for the City contributions set forth above based on
number of dependents they enroll in the PERS Medical Benefit Program .
Employees hired on or after September 1, 2008 who elect not to be covere d
under a City medical plan will be required to provide proof of medica l
insurance elsewhere and receive a $200 per month cafeteria contribution .
Employees hired prior to September 1, 2008 who elected either employee onl y
medical coverage or who elected to opt out of medical coverage wer e
"grandfathered" in at the $790 per month contribution amount . Any employe e
initially grandfathered in at $790 per month who later changes the number o f
dependents covered loses the grandfather status from that point forward .
All other terms and conditions of the MOA shall remain in effect for the term of thi s
Amendment as specified in Article 3 . This Amendment supersedes any and all previou s
amendments to the MOA .
CITY OF SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATIO N
Katie Lichtig
Ron Fari a
City Manager
SLOCEA Presiden t
Monica M . Irons
Madelyn Paasch
Director of Human Resources
SLOCEA Vice President
Date
Date
2
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Attachment 4
Page 1 of 6
AGREEMENT
Incorporating and Modifying the January 1, 2006 — December 31, 200 9
Memorandum of Agreemen t
Between
the City of San Luis Obisp o
and
the International Association of Firefighters, Local 352 3
PURPOSE OF THIS AMENDMEN T
In response to the City's request to meet with the International Association o f
Firefighters, Local 3523 to discuss a short-term agreement using an expedited
approach, the City and the Association agree to incorporate by reference the January
1, 2006 to December 31, 2009 Memorandum of Agreement, with modifications as se t
forth herein . The City recognizes the Fire Union's willingness to work cooperativel y
and productively with City staff .
II .
ARTICLE 6, REPRESENTATIVE ROLE
Add paragraph below to existing language .
1.Union time bank hours are intended for use by eligible Local 352 3
Executive Board members to conduct official union business .
2. Union members will donate a total of 440 hours per year (inclusive o f
carryover time) of vacation time, holiday time, and compensatory tim e
off (CTO) to a union time bank .
3. The maximum number of hours donated by a union member to the tim e
bank shall not exceed 12 hours per year .
4. Any hours remaining in the time bank on June 30 `h of each year shall b e
carried over to the next year . If no hours were used in the previous yea r
and the maximum hours remain in the time bank, no additiona l
donations by members shall be authorized in the upcoming year .
5. During the first full pay period in July each calendar year, Local 352 3
President along with the Executive Board and the Accountin g
Supervisor shall determine the number of hours remaining in the Unio n
time bank. That number shall be subtracted from the maximum numbe r
of time bank hours of 440 hours . The difference between the actua l
number of hours and the 440 hours maximum will be divided by th e
number of Local 3523 represented employees . Each 56 hour per wee k
employee shall contribute an equal number of leave hours and each 40
G :\Council\Agenda reports\2010\2011 Labor Agreements 11_16_10\Fire Agreement .doc
Attachment 4
Page 2 of 6
hour per week employee will donate 70% of the amount donated by 5 6
hour per week employees to be debited by the City to maintain 44 0
hours in the time bank .
6. Donation of hours shall be non-revocable and not returned to th e
members .
7. Requests for time off that would use time from the bank must b e
authorized by the Executive Board and is subject to final approval pe r
department policies and procedures . Approval for suppression personne l
must be authorized in advance by a Battalion Chief and approval fo r
non-suppression personnel must be authorized in advance by the Fir e
Marshal or designate .
8. Vacancies created by approved requests that affect constant staffing ,
may be filled through mandated overtime .
III. ARTICLE 23, INSURANC E
A . Contributio n
There will be no increase to the Cafeteria contribution for the term of this agreement .
The City shall contribute $849 per month for Cafeteria plan benefits for each regular ,
full-time employee covered by this agreement . Less than full-time employees shall
receive a prorated share of the City's contribution .
E . Long-Term Disability Insuranc e
Safety employees are covered for Long Term Disability Insurance through th e
Union's plan .
Non-safety employees shall be covered under the City's Long Term Disabilit y
Insurance Program . Non-safety employees shall pay the Long Term Disabilit y
premiums by payroll deduction on a pre-tax basis through the City's cafeteria plan .
The Long Term Disability insurance benefit for non-safety employees will provide 6 6
2/3% of gross salary to age 65 for any sickness or accident, subject to the exclusion s
in the long-term disability policy, after a 30-day waiting period .
IV.ARTICLE 44, SENIORITY BIDDING FOR STATION ASSIGNMENT
A .
Intent :
Utilize years of service as an empowerment tool for the employee . Thu s
enhancing their productivity and morale, through their ability to choose statio n
assignment, program assignment and working partners . Station assignmen t
longevity has been proven to deliver higher service levels to the public b y
enhancing knowledge of first in districts, institutional knowledge of facilitie s
and target hazards, and improved skills delivery by crew cohesion resultin g
through consistent training and emergency response experiences .
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B.Effective Date :
An open bid process as defined below will become effective January 1, 2011 .
Each member will remain in their selected bid until they choose to utilize thei r
bid for a vacant position, agree to a mutual, or are distributed based o n
department need as described below .
C.Bid Procedur e
In the event of a vacancy (due to retirement, promotion, etc .) in any rank,
upon determination by the Chief to fill the vacancy, the bid spot shall b e
declared vacant and available for bid from members of the same rank .
•Bid selection will be based on department seniority using th e
department 's master seniority list.
•Each member will only be allowed one bid per year to take affect .
Members who bid and are not selected, may bid again . A n
unsuccessful bid does not count against the one bid selection per year .
•Newly promoted employees will be considered according t o
department seniority.
•Bid assignments will begin the first day of the first full F .L .S .A. perio d
following selection with the intent to eliminate or minimize overtim e
due to personnel movement .
D .
Process :
1.The President and Vice President of Local 3523 will have the opportunit y
for the first and second bid selection during each term as president or vic e
president. Once that bid has been used, future bids during the remaining ter m
will be based on department seniority .
2.The President of Local 3523 shall have the first selectio n
3.The Vice President of Local 3523 shall have the second selection .
4.The remainder of the bid selection will follow department seniorit y
with the most senior member selecting first . The order of selectio n
shall be by rank in the following order : Captains, Engineers, and the n
Firefighters .
Probationary firefighters will not be included in the station selection proces s
until they have completed their probationary period .
E .
Mutual Bi d
Upon request from two members of equal rank and specialty skill designatio n
for a mutual exchange of their bid assignments, the Battalion Chief, Compan y
Officers, and a union representative of the members making the request shal l
meet and evaluate the request for approval or denial . If the request for mutual
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exchange is denied, the applicants can utilize the IRC for review of tha t
decision .
To ensure equity throughout the entire bid process, mutual transfers ar e
subject to the following additional requirements :
1. The bid transfer must be effective for a minimum of 12 months .
2.If within that 12 month period either party involved separates or promotes ,
the remaining party must comply with the following :
a . The original station occupied by the person vacating will be put u p
for bid, and the remaining parties can bid for that position . If th e
mutual member is unsuccessful in obtaining that bid, then tha t
member returns to his/her previous assignment, and recovers bi d
rights after the remainder of the 12 month period .
F .Distributio n
Each crew will have a Paramedic assigned to it from the ranks of the Enginee r
or Firefighter . Captains may fill into the paramedic pool if there are no t
enough Paramedics within the Firefighter/Engineer rank . Each shift will hav e
one of the three Paramedic Coordinators . The Captain taking the position o f
Paramedic Coordinator cannot be the primary paramedic on their selecte d
crew . Each shift will have paramedics evenly distributed depending on th e
size of the paramedic pool (example : pool of 24, 8 medics per shift).
Hazardous Materials Team Members will be evenly distributed to ensure a t
least one Hazardous Materials Team Member is assigned to each shift .
All corrections to completed bids will take place with the Battalion Chief an d
a shop steward to make sure that paramedics, paramedic coordinators, an d
hazardous materials team members are represented on all three shifts .
Individuals bidding for assignment as the Station 1 Captain shall be subject fo r
interview by the Shop Steward and the appropriate Battalion Chief prior to bi d
selections being finalized .
Individuals working out of grade will work at the station at which the vacanc y
is occurring . Selection of the individuals who will work out of grade is t o
remain consistent with existing policies . Vacancies created by promotion o r
retirements are to be filled by the newly promoted individuals .
Administration of the Fire Department recognizes and supports the premis e
that placing employees at stations of their preference is beneficial . The Fire
Department Administration needs a degree of flexibility to accomplish th e
following goal :
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1 .
Allow for mentoring and conflict resolution
Station bid adjustments by Fire Department Administration shall b e
accompanied by written justification as to the perceived need .
After initial placement, movement of personnel shall be for a maximum perio d
of six months . At the end of this six-month period, the effected personne l
shall return to their station of choice . Reasons for moves for more than si x
months or for permanent relocation need to be in writing .
Except in extraordinary circumstances no movement of personnel will b e
initiated during the months of November and December .
When movement of personnel is initiated by the Department and is not due t o
any fault of the individual(s), the Department will honor all approved time off
requests .
G .
Issue Resolution Committee :
Intent :
The intent of the Issue Resolution Committee is two fold :
First, is to deal with the larger issue of how the program works . Does th e
process work ; are we able to meet the goals of the program and th e
department ?
Second, are both labor and management needs being addressed fairly an d
equitably.
Committee membership :
The Issue Resolution Committee (IRC) will consist of two members from
management . The President of Local 3523 will appoint two members fro m
the employee's bargaining unit . A fifth member will be chosen by the abov e
four members . The Fire Chief or the labor President can substitute th e
members from management and labor, respectively, for cause .
Issue Resolution :
Local 3523, through their Board of Directors, or Fire Departmen t
Administration, through the Fire Chief, can bring issues to the Committee .
The IRC will convene within five business days of receipt of an issue o f
concern or a question of process . Issues will be decided based on th e
information presented to the committee . Issues or questions will b e
considered resolved by a vote of 4 out of 5 committee members .
The IRC will review the overall program as it relates to program an d
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department goals annually or as needed . Unresolved issues will be taken t o
the next contract negotiations as a negotiable issue .
The IRC will attempt to resolve issues of a personal nature, i .e . station
placement, or an interpretation of the process, as they come up . If the
committee cannot resolve an issue, the Fire Chief will resolve the issue .
By mutual agreement of Local 3523 and Fire Department Administration, thi s
program can be discontinued at any time .
All committee members performing the duties of this committee while of f
duty will be compensated (at straight time), hour for hour .
V . ARTICLE 50, TERM OF AGREEMEN T
The agreement shall become effective as of January 1, 2011 and continue in full forc e
and effect until expiration at midnight, December 31, 2011 .
All terms and conditions of the 2006-09 Memorandum of Agreement not specifically modifie d
herein shall remain in effect for the term of the agreement as specified above .
CITY OF SAN LUIS OBISPO
FIREFIGHTERS, LOCAL 352 3
Katie Lichtig
Erik Baskin
City Manager
Presiden t
Monica Irons
Mike King
Director of Human Resources
Vice Presiden t
Date
Date
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