HomeMy WebLinkAboutR-6711 ADOPTING MOA BETWEEN THE CITY and THE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION FOR 7-1-1989 - 6-30-1994RESOLUTION NO .6711 (1989 SERIES )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUI SOBISPO ADOPTING AND RATIFYING THE MEMORANDUM O FAGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AN DTHE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION FOR TH EPERIOD JULY 1, 1989 - JUNE 30, 1994 .
BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
Section 1 . The Memorandum of Agreement between the City o f
San Luis Obispo and the San Luis Obispo Firefighters Association ,
attached hereto as Exhibit "A" and incorporated herein by thi s
reference, is hereby adopted and ratified .
Section 2 . The Finance Director shall increase the Personne l
Services appropriation accounts to reflect the negotiate d
compensation changes .
Section 3 . The City Clerk shall furnish a copy of thi s
resolution and a copy of the executed Memorandum of Agreemen t
approved by it to : Dan Wunsch, President SLO FFA ; Ann McPike ,
Personnel Director ; Bill Statler, Finance Director .
On motion of Councilman Settle, seconded by Councilwoman Rappa an d
on, the following roll call vote :
AYES : Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Duni nNOES:Non e
ABSENT :Non e
the foregoing Resolution was passed and adopted this 14th day o f
November, 1989 .
6711
Resolution No . 6711 (1989 Series )
ATTEST :
Cit Clerk, Pam a oge s
APPROVED :
O(IttoakI.Personnel Director
CITY OF SAN LUIS OBISP O
MEMORANDUM OF AGREEMEN T
SAN LUIS OBISPO FIREFIGHTERS' AGREEMEN T
July 1,1989 through June 30, 1994
TABLE OF CONTENT S
Article No .Title Paste No .
1 Parties to Agreement 1
2 Recognition 2
3 Dues Deduction .3
4 Employee Rights 4
5 Management Rights .5
6 Representative Role .6
7 Communication Process 7
8 Job Descriptions 8
9 Promotional Opportunities 9
10 Grievance Procedure .1 0
11 Salary 1 4
12 Pay Incentives .1 7
13 Overtime .1 8
14 Emergency Call Back .2 0
15 Work Out of Grade .2 1
16 Standby .2 2
17 Educational Incentive 2 3
18 Uniform Allowance .2 6
19 Insurance .2 8
20 Retiree's Medical Insurance 3 0
21 Vacation Leave 3 1
22 Leave Of Absence 3 4
23 Holidays .3 5
24 Bereavement Leave 3 7
25 Sick Leave ..3 8
26 Family Leave 3 9
27 Workers' Compensation Leave 4 0
28 Light Duty 4 1
29 Safety 4 2
30 Reserve Firefighters 4 3
31 Retirement 4 4
32 Hours 4 6
33 Health/Fitness 4 8
34 Salary Survey Cities 49
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Article No .Title Pape No .1 35 Work Actions .5 0
2 36 Full Agreement .5 2
3 37 savings Clause .5 3
38 Renegotiations 5 44
39 Authorized Agents 5 55
40 Term of Agreement 5 66
Appendix "A" - Classification .5 77
Appendix "B" - Work Schedule Illustration 5 88
Appendix "C" - Sick Leave - Municipal Code 5 99
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ARTICLEI
PARTIES TO AGREEMENT
This Agreement is made and entered into this fourteenth day o f
November, 1989, by and between the City of San Luis Obispo ,
hereinafter referred to as the City, and the San Luis Obisp o
Firefighters' Association, hereinafter referred to a s
Association .
Nothing in this Agreement between the parties shall invalidat e
nor be substituted for any provision in City Resolution No . 662 0
(1989 Series) unless so stipulated to by provision(s) containe d
herein and agreed to .
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ARTICLE2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and Cit y
Resolution No . 6620 (1989 Series), the City hereby recognizes th e
San Luis Obispo Firefighters' Association as the bargainin g
representative for purposes of representing regular an d
probationary employees, occupying the position classification s
set forth in Appendix A, in the Fire Unit with respect to thei r
compensation, hours and other terms and conditions of employmen t
for the duration of this Agreement .
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ARTICLE3
DUES DEDUCTIO N
The City shall deduct dues from City employees and remit sai d
dues to the Association on a monthly basis for the duration o f
this Agreement, which dues shall not include assessments .
Monthly dues deduction additions and/or deletions shall b e
recorded by the City's Finance Officer and a notification of al l
dues transactions shall be sent monthly to the Associatio n
President .
The Association shall hold the City harmless from any and al l
claims, and will indemnify it against such claims and any unusua l
costs .
The Association shall refund to the City any amount paid to th e
Association in error, upon presentation of supporting evidence .
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ARTICLE4
EMPLOYEE RIGHT S
Employees of the City shall have the right to form, join an d
participate in the activities of employee organizations of thei r
own choosing for the purpose of representation on all matters o f
employer-employee relations including but not limited to, wages ,
hours and other terms and conditions of employment . Employees o f
the City also shall have the right to refuse to join o r
participate in the activities of employee organizations and shal l
have the right to represent themselves individually in thei r
employment relations with the City . No employee shall b e
interfered with, intimidated, restrained, coerced o r
discriminated against because of the exercise of these rights .
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ARTICLE5
MANAGEMENTRIGHTS
The rights of the City include, but are not limited to, th e
exclusive right to determine the mission of its constituen t
departments, commissions and boards ; set standards of service ;
determine the procedures and standards of selection fo r
employment and promotion ; direct its employees ; take disciplinar y
action ; relieve its employees from duty because of lack of work
or for other legitimate reasons ; maintain the efficiency o f
governmental operations ; determine the methods, means an d
personnel by which government operations are to be conducted ;
determine the content of job classifications ; take all necessary
actions to carry out its mission in emergencies ; and exercis e
complete control and discretion over its organization and th e
technology for performing its work .
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ARTICLE6
REPRESENTATIVE ROL E
Members of any recognized employee organization may, by a
reasonable method, select not more than three employee members o f
such organization and one employee observer to meet and confe r
with the Municipal Employee Relations Officer and othe r
management officials (after written certification of suc h
selection is provided by an authorized official of th e
organization) on subjects within the scope of representatio n
during regular duty or work hours without loss of compensation o r
other benefits . The employee organization shall, wheneve r
practicable, submit the name(s) of each employee representativ e
to the Municipal Employee Relations Officer at least two workin g
days in advance of such meeting .
Provided further that no employee representative shall leave hi s
or her duty or work station or assignment without specifi c
approval of the department head or other authorized Cit y
management official . If employee representatives cannot b e
released for good reason, the date of meeting will be reschedule d
to a mutually acceptable day .
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ARTICLE7
COMMUNICATION PROCES S
Pursuant to City Resolution 6287 (1989 Series) the City agree s
with the Association to improve communications and provide fo r
the following :
A Monthly Conference s
There will be a monthly meeting between the departmen t
head and management member(s) and a least two (2 )
association representatives to discuss problems or othe r
subjects of mutual interest . Minutes of the meeting wil l
be maintained to reflect topics discussed, actions to b e
taken, the party responsible for any action and th e
expected completion date .
B Quarterly Meeting s
Two to four representatives of the Association, the Cit y
Administrative Officer (or designee), department head (o r
designee), and management representative(s) designate d
by the City will meet quarterly if there are issues o f
concern to the parties . No issues will be brought t o
this quarterly meeting without first having bee n
discussed with the department head at a scheduled monthl y
meeting .
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ARTICLE8
JOB DESCRIPTION S
The Personnel Department will revise the job descriptions fo r
classifications represented by the Association within twelve (12 )
months of adoption of this agreement, and will forward draf t
copies to the Association for review .
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ARTICLE9
PROMOTIONAL OPPORTUNITIE S
Announcements for promotional opportunities for members of th e
Association will list testing and scoring processes that will b e
followed . Once defined, testing and scoring processes will no t
be modified .
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ARTICLE 1 0
GRIEVANCE PROCEDUR E
A.A grievance is an alleged violation, misinterpretation o r
misapplication of the Employer-Employee Resolution, th e
Personnel Rules and Regulations, any memorandum of agreemen t
with an employee association or any existing written polic y
or procedure relating to wages, hours or other terms an d
conditions of employment excluding disciplinary matters .
B.Any employee may file and process a grievance by providin g
the time, place and circumstances of the action promptin g
the grievance . Employees may be accompanied by a
representative at each step of the process . If a specifi c
action to be grieved affects several employees, thos e
employees may consolidate their grievance and b e
represented .
C.Each Grievance shall be handled in the following manner :
1.The employee who is dissatisfied with the response o f
the immediate supervisor shall discuss the grievanc e
with the supervisor's immediate superior . If th e
matter can be resolved at that level to th e
satisfaction of the employee, the grievance shall b e
considered terminated .
2.If still dissatisfied, the employee may immediatel y
submit the grievance in writing to the department hea d
for consideration, stating the facts on which it wa s
based, including the provision of the rules ,
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regulations or agreement said to be violated, and th e
proposed remedy . This action must take place withi n
fifteen business days of the occurrence of th e
grievance . The department head shall promptly conside r
the grievance and render a decision in writing withi n
fifteen business days of receiving the writte n
grievance . If the employee accepts the departmen t
head's decision, the grievance shall be considere d
terminated .
D.If the employee is dissatisfied with the department head's
decision, the employee may immediately submit the grievanc e
in writing to the personnel director within five busines s
days of receiving the department head's decision . Th e
personnel director shall confer with the employee and th e
department head and any other interested parties, and shal l
conduct such other investigations as may be advisable .
E.The results or findings of such conferences an d
investigations shall be submitted to the City Administrativ e
Officer in writing within fifteen business days of receivin g
the employee's written request . The city administrativ e
officer will meet with the employee if the employee s o
desires before rendering a decision with respect to th e
complaint . The city administrative officer's decision shal l
be in writing and given to the employee within fiftee n
business days of receiving the personnel director's result s
and findings . Such decision shall be final unless th e
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employee desires a review of the decision .
If the employee desires a review of the decision th e
procedure is as follows :
1 .Hearing Officer (for employees represented by SLOPOA o r
S LOFA )
a.The employee will have five business day s
following receipt of the city administrativ e
officer's decision to submit a written request t o
the personnel director for review of the decision .
The personnel director will obtain a list of fiv e
potential hearing officers from the Stat e
Mediation and Conciliation Service . The n
following a random determination of which part y
(city or appellant) begins, parties shal l
alternately strike one name from the list unti l
only one remains .
b.Within 30 business days, the hearing officer shal l
review the record and conduct a hearing on th e
matter . Within ten business days the hearin g
officer shall render a decision which shall b e
final .
c.Any dispute regarding the eligibility of an issu e
for the grievance process may be appealed throug h
the process ultimately to the hearing officer wh o
shall decide on the eligibility prior to ruling o n
the merits .
d.Any fees or expenses of the hearing officer shal l
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be payable one-half by the city and one-half by
the Association . All other expenses shall b e
borne by the party incurring the expense .
e .The city reserves the right to make the hearin g
officer's opinion advisory or to replace th e
hearing officer position in the grievance proces s
with the personnel board for an employe e
organization after July 1993 provided that :
1.The hearing officer has ruled on at leas t
five separate grievances of the Association ;
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2.The city has been sustained in at least 65 %
of the determinations on grievances filed b y
members of the Association .
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ARTICLE 1 1
SALARY
Section A Rules Governing Step Increase s
The rules governing step increases for employees covered by thi s
MOA are included in the current Salary Resolution with th e
following modification : The Fire Chief shall be authorized t o
reevaluate employees who reach Step 5 in their pay range . An
employee who is not performing up to standard for the fifth ste p
shall be notified in writing that the department head intends t o
reduce him one step unless his job performance improve s
significantly within a 60-day period . Unless the employee's jo b
performance improves to an acceptable level by the end of 6 0
days, the pay reduction shall then become effective . The fift h
step may be reinstated at any time upon recommendation of th e
department head . If the Fire Chief deems it necessary to agai n
remove the fifth step during the same fiscal year, he may mak e
the change at any time with three business days written notice .
Each salary range consists of five steps (1 through 5). Steps 1
through 4 equal 95% of the next highest step, computed to th e
nearest one dollar .
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 - 95% of Step 2
Each across-the-board percent salary increase shall raise step 5
of range 321 by that percent . Step 5 of each successive salar y
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range shall be 2 .63% above step 5 of the next lower range . Afte r
all step 5's of salary ranges have been established, each step 5
shall be rounded off to the nearest dollar and the remainin g
steps established in accordance with the above formula .
Employees who are eligible for advancement to Step 4 or 5 mus t
receive at least a "competent" rating on their most recen t
performance evaluation prior to or coincident with their bein g
eligible for advancement by time in grade . Competent is define d
as "Performance meets standards of a qualified employee ."
Section B Salary Provisions for Term of Agreemen t
Effective the first full pay period in the following months, th e
following salary increases shall be implemented :
July,1989 5 %
January,1990 5 %
July,1990 5 %
January, 1991 3 %
July,1991 4 %
January, 1992 4 %
July,1992 4 %
January, 1993 3 %
July,1993 4 %
January, 1994 3%
Section C "Y" Ratin q
An employee who is not performing up to established job standard s
may be "Y" rated, freezing his salary until such time- as there i s27
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an improved job performance . The department head shall give 6 0
days written notice to any employee he intends to "Y" rate ,
giving the employee an opportunity to correct any deficiencies .
A "Y" rating procedure shall not result (then or later) in th e
employee being frozen below the next lower step of the new range .
Section D Payda y
Paychecks will be disbursed on a bi-weekly schedule . Payday wil l
be every other Thursday . This disbursement schedule i s
predicated upon normal working conditions and is subject t o
adjustment for cause beyond the City's control .
Section E Paychecks Prior to Vacatio n
If an employee is taking vacation leave and wishes to receive hi s
regular paycheck before payday, the employee must notify th e
Finance Department in writing at least two weeks prior to th e
start of vacation, provided the employee has sufficient vacatio n
time coming to cover the pay period .
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ARTICLE 1 2
PAY INCENTIVE S
SectionA :Paramedic Incentiv e
Effective the first full pay period in July 1989, the City shal l
pay three hundred twenty five dollars ($325 .00) per month pa y
incentive to those firefighters or other approved fire personne l
assigned to EMT Paramedic duties by the Fire Chief .
Effective the first full pay period in July of 1991, the EM T
Paramedic incentive shall be increased to $375 .00 per month .
Paramedics required to recertify shall be granted four (4) hour s
training time per month for six (6) months prior to th e
recertification . Such hours shall be scheduled by the Departmen t
during the normal working day .
Section B :Station I Captain Incentiv e
Effective the first full pay period following July 1, 1989, fir e
captains regularly assigned to Station I shall receive a $100 pe r
month pay incentive . Should Station I have fewer than 2 piece s
of staffed emergency response equipment, this incentive shall b e
eliminated . Mandatory assignments to Station I for Captain s
shall not exceed two consecutive years .
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ARTICLE 1 3
OVERTIM E
1.Firefighters, Fire Engineers and Fire Captains assigned t o
24 hour shift duty shall receive overtime pay at time-and -
one-half computed at their base salary for those hour s
worked in excess of regularly scheduled shifts .
2.Firefighters, Fire Engineers and Fire Captains assigned t o
24-hour shift duty are assigned to work one hundred an d
twenty (120) hours in a fifteen (15) day pay cycle .
Employees in these classifications who work more than on e
hundred and fourteen (114) hours during a pay cycle, shal l
be paid time and one-half (1 1/2) for all hours worked i n
excess of one hundred and fourteen (114) hours worked in th e
fifteen (15) day pay cycle . Paid time-off shall not b e
counted as time worked when calculating this overtime pay .
3.All other personnel shall receive overtime pay at time-and -
one-half computed at their base salary for all hours worke d
in excess of forty (40) hours per week including holiday ,
sick leave and vacation unless they elect to tak e
compensating time off at straight time .
4.All overtime shall be authorized in writing by the Fir e
Chief prior to being compensated .
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5 . All overtime shall be paid to the nearest quarter hou r
worked where no minimum is authorized .
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ARTICLE 1 4
EMERGENCY CALL BAC K
1.The minimum call back hours provided below shall be paid a t
straight time pay .
2.Shift personnel who are unexpectedly called back to work
after completing their shift and having left the worksit e
shall be paid a 6-hour minimum guarantee .
3.Inspectors who are unexpectedly called back to work afte r
completing their shift and having left the worksite shall b e
paid a 3-hour minimum guarantee when acting in the capacit y
of an Inspector at the scene or in immediate follow-u p
investigative work .
4.The Fire Vehicle Mechanic shall receive a minimum of 4 hour s
for emergency call back or time and one-half for hour s
actually worked, whichever is larger .
5.Employees who are called back as defined above shall receiv e
the minimum provided by this article or pay for the wor k
performed, whichever is larger .
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ARTICLE 1 5
WORKOUTOFGRAD E
Employees temporarily assigned to work in a higher classificatio n
will receive one step additional pay but in no case more than th e
top step for the higher classification under the followin g
conditions :
1.The assignment exceeds ten (10) consecutive work days, o r
five (5) consecutive shifts for all shift employees ; i n
which case the step increase becomes effective on th e
eleventh (11) work day or in the sixth (6th) shift .
2.The person being temporarily replaced is on extended sick o r
disability leave or the position is vacant and a n
examination is pending .
Employees not eligible for the step increase (under 10 days )
shall receive credit for compensating time off (CTO) on th e
following basis :
Hours Worked CTO Earne d
2-12 1/2 hou r
12-24 1 hou r
Effective January 1, 1990, credit for compensating time off (CTO )
for working out of grade shall be increased as follows :
Hours Worked CTO Earne d
0-6 0 hour s
6-12 1 hou r
12-24 2 hour s
Each calendar quarter, employees may elect to receive payment fo r
accrued CTO at straight time . CTO earned before January 1, 199 0
is not eligible for payment .
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ARTICLE 1 6
STANDB Y
Employees below the rank of Fire Marshal/Battalion Chief o n
standby shall be compensated one hour's pay for each eight . (8 )
hour incident with a minimum of two (2) hours straight time pa y
for each assigned standby period .
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ARTICLE 1 7
EDUCATIONALINCENTIV E
The City agrees to establish an educational incentive pay plan .
The educational incentive pay will be paid pursuant to one of th e
two plans outlined below :
PLANA
1 .Definition of Eligibilit y
A.All Employees currently receiving educational incentiv e
pay as of 6/30/81 .
B.All employees in the unit meeting the followin g
requirements :
(1)Have been employed by the department for at leas t
one year as of 9/30/81 .
(2)Have completed by June 30, 1981 at least 3 0
semester units toward an approved degree includin g
having successfully completed a minimum of si x
semester units within the last 18 months .
(3)Successfully completed at least six semester unit s
per year until degree is complete ; and
(4)Must receive degree by December 31, 1983 .
2 .Basic Benefits .Educational incentive pay shall not star t
for one year after employment with the City of San Lui s
Obispo, but credit will be given for approved educatio n
obtained prior to that time . The basic benefit will consis t
of $50 per month for possession of an A .A ., or equivalen t
degree from an accredited community or junior college ; an d
one hundred dollars per month for a B .A . or equivalen t
degree from an accredited four year college or university .
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Total incentive pay shall in no case exceed one hundre d
dollars per month .
3.Job Related Fields .Degrees must be in fields which ar e
directly job related and if not, at least 30 semester unit s
leading toward the appropriate degree with a grade of "C" o r
better must be included .
4.Application and Approval .Application for the incentive pa y
shall be made by the employee to the department head a t
least 30 days before the date the payment of the incentiv e
pay is to be effective . Approval of the department head an d
the Personnel Director shall be required .
5.Unsatisfactory Performance .In the event an employe e
receiving the incentive pay is not performing up to th e
established standards set for the job, the department hea d
with the concurrence of the City Administrative Officer, ma y
suspend payment of the incentive pay until such time as th e
employee's work performance comes up to the standard level ,
in the opinion of the department head and concurred in b y
the City Administrative Officer .
6.Non-Applicability .It is the City's intention not to pa y
the educational incentive for any degree which is require d
for the position held by the employee . Educationa l
incentives shall not be paid for education received on Cit y
time . The education incentive shall be removed if th e
employee is promoted to a position which does not entitl e
employee to such incentive .
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PLANB
1 .Definition of Elicibility .
A.All current employees not eligible for Plan A .
B.All employees hired on or subsequent to June 30, 1981 .
2 .Eligibility .
A.Employees eligible for Plan B must be employed by th e
City of San Luis Obispo for one year before any paymen t
will be made .
B.Must successfully complete within a 12-month period ,
commencing on or after July 1, 1980, 6 semester units ,
or 9 quarter units, in college level course work i n
fire science courses or classes approved by the Fir e
Chief . Provided such courses shall be completed at th e
employee's own expense and during off-duty hours .
3 .Incentive Pay .The educational incentive pay shall b e
$50 .00 per month for a period of 12 months .
Tuition and Book s
If an employee holds a position which does not qualify him fo r
incentive pay, the employee will be eligible to receive paymen t
for 50% of tuition and books for approved job-related course s
upon satisfactory completion of same with a grade of "C" o r
better .
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ARTICLE 1 8
UNIFORM ALLOWANC E
A.Each sworn employee shall be required to wear an approve d
uniform to promote the department's public image, except fo r
the positions designated by the Fire Chief as only requirin g
occasional usage . Such positions shall receive one-half o f
the regular allowance .Effective July 1, 1989, eac h
employee shall receive an annual allowance of $600 pai d
semi-annually to be spent on the purchase and maintenance o f
department-approved uniforms . Effective July 1, 1992, th e
allowance shall increase to $700 .00 Said allowance shall b e
paid directly to each eligible employee on or about the 7t h
of July and the 7th of January . The Fire Chief or his/he r
designated representative shall conduct an inspection a t
least once a year to ensure that each employee has th e
minimum number of uniforms and that all uniforms mee t
department standards regarding safety and appearance .
Employees whose uniforms do not meet standards may b e
subject to disciplinary action .
B.A uniform allowance cash advance will be given to ne w
employees for purchase of their uniforms . If the employe e
severs employment with the City or is terminated within on e
(1) year, the cash advance shall be deducted from th e
employee's last paycheck .
C.Where the agreement refers to uniform standards, it shal l
mean the following : The Fire Chief shall establish an d
maintain a set of standards for the maintenance, care an d
wearing of employee uniforms . Such standards shall b e
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on file in the Fire Chief's office, in each fire station ,
and in the Personnel Director's office .
D .Employees will be responsible to purchase and maintai n
health/fitness clothes, including appropriate athletic ,
footwear . Appropriate health/fitness clothing will b e
determined through agreement between the Association and th e
Department .
E . 1 .The City shall reimburse the cost in excess of te n
($10 .00) dollars, for repairing or replacing Department
approved uniforms which are damaged within the cours e
of employment . No reimbursement shall be made if th e
damage was due to negligence on the part of th e
employee . At the time of damage, the employee wil l
submit a report documenting where and how the unifor m
was damaged .
2 .The Fire Chief shall determine the use and extent o f
wear of damaged items . Replacement amounts shall b e
prorated . The Department will establish administrativ e
regulations consistent with this section .
F.The City will bear any additional costs resulting from Cit y
mandated changes in required uniform items during the ter m
of this agreement .
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ARTICLE 1 9
INSURANCE;,
A .Effective December 1, 1989, the City shall contribut e
$300 .00 per month for medical, dental, and life insuranc e
for each regular, full time employee in the Unit . Thi s
amount shall be increased annually during the term of thi s
agreement as follows :
December 1,1990 $325 .0 0
December 1,1991 350 .0 0
December 1,1992 375 .0 0
December 1,1993 400 .00
B.City shall have the right to change insurance costs durin g
the term of this Agreement . Any costs in excess of th e
established contribution rates shall be paid by th e
employee .
C.City shall pay to each full-time regular employee b y
December 22, an annual lump sum payment (subject t o
appropriate taxation) for the difference between the amoun t
provided under Section A, or the prorated share for les s
than full-time employees, and any lesser sum expended by th e
employee for medical and dental coverage for the period o f
January 1 through December 31 . Parties agree that City
payment of this lump sum is based on favorable tax treatmen t
by the IRS and the State Franchise Tax Board . Should suc h
tax treatment change, the Association and the employees hol d
harmless the City,its officers and agents, including bu t
2 8
not limited to, liability for back taxes, arising out o f
this Agreement to pay such lump sum . Should tax treatmen t
change, the Association shall have the opportunity to mee t
and confer regarding the impact of such changes .
D.Each employee shall be required to carry both medical an d
dental insurance for self . The City agrees to maintain th e
current level of benefits but reserves the right to choos e
insurance carriers and/or the method of insuring and fundin g
these benefits .
E.The Association shall actively participate in the Medica l
Plan Review Committee . Such committee shall review medica l
plans and may recommend medical plans .
29
ARTICLE 2 0
RETIREE'S MEDICAL INSURANCE
Employees covered by this Agreement who meet all of th e
conditions set forth below may continue group medical coverage a t
group rate paid totally by the employee . The qualifyin g
conditions are :
A.The employee must retire from City service, apply for an d
actually receive retirement benefits through the City's
retirement system .
B.The employee must be at least 50 years of age .
C.The employee must have at least ten (10) years of servic e
with the City .
D.The employee may have dependent coverage only for thos e
dependents covered for the last year of employment with th e
City .
l;•All employee and dependent coverage will cease upon th e
death of the employee or upon the employee reaching age 65 .
This benefit only applies to employees who retire during the ter m
of this Agreement . This benefit shall continue beyond June 30 ,
1994, if, and only if, there is mutual agreement of the partie s
to continue such benefit .
30
ARTICLE 2 1
VACATION LEAV E
1.Each incumbent of a 40-hour a week line-item position shal l
accrue vacation leave with pay at the rate of 12 days pe r
year of continuous service since the benefit date for th e
first five years ; 15 days per year upon completion of fiv e
years ; 18 days per year upon completion of ten years ; and 2 0
days per year upon completion of twenty years . Employee s
scheduled for more that 40 hours per week shall receive th e
equivalent number of vacation days prorated to the number o f
regularly scheduled work hours .
2.An incumbent is not eligible to use accrued vacation leav e
until after the completion of the sixth calendar month o f
service since the benefit date .
3.An employee who leaves the City service shall receiv e
payment for any unused vacation leave .
4.Department Heads shall be responsible for arranging a
vacation schedule, first with the needs of the City as th e
determining factor and, second, insofar as possible, with
the wishes of the employee .
5.There will be no accrual of vacation leave to non-shif t
employees in excess of 200 hours or 25 accrued days .
Maximum accrual of vacation leave for shift employees is 30 0
hours except as noted in Section E .
6.VACATION USE :
A .Vacation shall be selected by seniority based on shif t
assignment for shift employees and by seniority for no n
shift employees . The employee with the most seniorit y
31
shall select first, with the following choices made i n
descending order of seniority .
B.First choice vacation shall be made durin g
November/December each year . The first choice shall b e
a minimum of five (5) shifts off within one (1) cycle .
C.First choice vacation selected for the months of Ma y
through October must be taken in blocks of five (5 )
shifts off within one (1) work cycle .
D.The maximum first choice vacation that may be selecte d
for the months of May through October is ten (10 )
shifts off taken within two (2) work cycles .
E.Employees who don't select first choice vacation to b e
taken during the months of May through October, shal l
have vacation that is accrued over 300 maximum paid of f
bi-weekly . Vacation accrued by such employees outsid e
of the May through October time period shall not excee d
the 300 hour maximum .
F.Employees have the right to have one (1) employee of f
on scheduled vacation per shift .
G.Employees have the right to unscheduled vacation a s
provided in the current departmental Operations Manual .
H.Time off by Battalion Chiefs is not included in th e
determination of the number of employees on vacatio n
per E and F above .
I.If an employee's first choice vacation is changed b y
direction of the department, such change shall no t
cause an employee to lose vacation that may be accrue d
above the 300 hour maximum . In this case, the employe e
32
shall ha 7c tti cho 4 r of using the vacation at anothe r
time or receiving payment for the changed vacation .
J.If an employee must cancel vacation for good reason, a s
defined by management, the vacation above the 300 hou r
maximum shall be paid as accrued .
K.Employees may cancel scheduled vacation for any reaso n
with a minimum of 30 days advance written notice to th e
Fire Chief or his/her designated representative .
Maximum vacation accruals will not be waived fo r
vacation cancelled pursuant to this section .
33
I i
ARTICLE 22,
LEAVE OF ABSENCE,
Leave without pay for up to one week per year may be granted b y
the Department Head . When possible, such leave requests shall b e
in writing and approved in advance . All other leave of absenc e
requests shall be handled in accordance with Section 2708 .9 o f
the Personnel Rules and Regulations .
34
ARTICLE 2 3
HOLIDAY S
A.The following days of each year are designated as pai d
holidays :
January 1 - New Year's Da y
Third Monday in February - Washington's Birthda y
Last Monday in May - Memorial Da y
July 4 - Independence Da y
First Monday in September - Labor Da y
November 11 - Veteran's Da y
Fourth Thursday in November - Thanksgiving Da y
Friday after Thanksgivin g
December 25 - Christma s
One-half day before Christma s
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only )
When a holiday falls on a Saturday, the preceding Friday shall b e
observed .
When a holiday falls on a Sunday, the following Monday shall b e
observed .
B.Each employee on 24-hour shift duty shall earn 5 .6 hours o f
holiday leave semi-monthly, in lieu of fixed holidays .
Such employees shall receive payment at straight time hourl y
rate for a portion of their earned holiday leave (2 .4
hours) each bi-monthly payroll period .
The remainder of the employee's annual holiday leave (7 2
35
hours ; chill be advanced to the employee effective 1 July o f
each year . Such holiday leave may be taken off by th e
employee as provided in the current departmental operation s
manual .
Each calendar quarter, an employee has the option o f
receiving payment for one-forth (1/4) of his/her advance d
holiday leave . The combination of holiday leave taken of f
and payment of advanced holiday time, may not exceed 7 2
hours .
If an employee terminates-for any reason, having taken of f
hours in excess of his/her prorated share, the value of th e
overage will be deducted from the employee's final paycheck .
C .Floating (8 hour) holidays for non-shift employees . Th e
accrual dates are 1 January and 1 July . If not used in th e
calendar year in which earned, they are lost . it is th e
responsibility of the employee to make the request for a
floating holiday reasonably in advance of the requested da y
off .
36
ARTICLE 2 4
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death o f
a member of the employee's immediate family, meaning spouse ,
child, brother, sister, parent, parent-in-law, step-parent, step -
brother, step-sister, grandparent, or any other relative livin g
in the same household, provided such leave as defined in thi s
section shall not exceed five (5) working days or the shif t
equivalent (56 hrs .) from each incident . The employee may b e
required to submit proof of relative's death before being grante d
sick leave pay . False information given concerning the death o f
relationship shall be cause for discharge .
37
ARTICLE 2 5
SICK LEAV E
Sick leave is governed by Section 2 .36 .420 of the Municipal Code .
(See Appendix C attached). Upon termination of employment b y
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 or beneficiaries, according to th e
following schedule :
(1) Death - 50% Such payment shall be made within seventy -
two hours of notice to the City of an employee's death .
(2) Retirement and actual commencement of PERS benefits :
(a)After ten years of continuous employment - 10 %
(b)After twenty years of continuous employment - 15 %
(3) Job-related disability retirement and actua l
commencement of PERS benefits - 75% with a maximum o f
1000 hours payoff (75% of 1333 .3 accrued hours .)
38
ARTICLE 2 6
FAMILY LEAVE
1.An employee may take up to two (2) days (16 hours) or th e
shift equivalent for shift employees (22 .4 hours) of sic k
leave per year if required to be away from the job t o
personally care for a member of his/her immediate family .
2.An employee may take up to five days (forty hours) or th e
shift equivalent for shift employees (56 hours) of sic k
leave per year if the family member is a part of th e
employee's household .
3.An employee may take up to seven (7) days (56 hours) of sic k
leave per year or the shift equivalent (78 .4 hours) if th e
family member is part of the employee's household and i s
hospitalized .
The employee shall submit written verification of suc h
hospitalization .
4.The amounts shown in 1, 2, and 3 above are annual maximums ,
not maximums per qualifying family member . A member of th e
employee's immediate family, shall mean spouse, child ,
brother, sister, parent, parent-in-law, step-parent, step -
brother, step-sister, grandparent, or any other relativ e
living in the same household .
39
ARTICLE 2 7
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injur y
in accordance with state workers' compensation law and is no t
eligible for disability payments under Labor Code Section 4850 ,
shall be paid the difference between his base salary and th e
amount provided by workers' compensation law during the first 9 0
days of such disability absence . The only position currentl y
eligible for this benefit is the Fire Vehicle Mechanic .
40
ARTICLE2 8
LIGHT DUT Y
The City and the Association agree that a light duty/return t o
work policy will be established . The Fire Chief, the Associatio n
and the Personnel Department will work together to establish a
form to cover this policy .
41
ARTICLE 29 .
SAFETY
The Association and the City agree to address Departmental an d
citywide safety concerns through the City's Safety committee an d
the communication Process outlined in Article 7 .
42
ARTICLE 3 0
RESERVE FIREFIGHTER S
The City and the Association agree that in the event the Cit y
adopts a firefighter reserve program, the city will meet an d
confer over any impact(s) of the proposed program falling withi n
the scope of representation .
43
S
ARTICLE 3 1
RETIREMEN T
A.The City agrees to provide the Public Employees' Retiremen t
System's 2% at age 50 plan to all sworn personnel and the 2 %
at age 60 plan to all non-sworn personnel . The 2% at age 5 0
plan includes four amendments, namely, Post Retiremen t
Survivor Allowance, conversion of unused sick leave t o
additional retirement credit, the 1959 Survivor's Benefit ,
and one-year final compensation . The 2% at 60 plan has tw o
amendments, 1959 survivor's Benefit and one year fina l
compensation .
B.For employees hired after 1 July 1986, the PERS 2% at 5 0
plan shall include the modifications shown in Section A ,
above, except that it shall provide three-year fina l
compensation .
C.(1) Effective 1 July 1987, City agrees to contribute up t o
5% of safety member's obligation to contribute to PERS .
(2)Effective 1 July 1988, City agrees to contribute up t o
9% of safety member's obligation to contribute to PERS .
(3)City agrees to contribute up to 7% of the Fire Vehicl e
Mechanic's obligation to contribute to PERS .
(4)The amount paid by the City is an employee contributio n
and is paid by the City to partially satisfy th e
employee's obligation to contribute to PERS . An
employee has no option to receive the contribute d
amounts directly instead of having them paid by th e
City to PERS on behalf of the employee . Th e
Association understands and agrees that employees bea r
44
the risk of payment of any increases in the employe e
contributions above the amount provided in thi s
Agreement which may result by action of PERS or th e
state legislature . Parties further agree that Cit y
payment of PERS contributions is made based upon ta x
treatment currently permitted by the State Franchis e
Tax Board and the IRS . Should current tax treatmen t
change, the Association and the employees hold harmles s
the City, its officers and agents from any and al l
claims or costs of any type, including but not limite d
to, liability for back taxes, arising out of thi s
Agreement to pay part of the employee's PER S
contribution . Should current tax treatment change, th e
Association shall have the opportunity to meet an d
confer regarding any such changes .
It is understood and agreed to by the parties that th e
City "pick up" of a portion of the employee's PER S
contribution is in lieu of wages . Therefore, in al l
comparisons made with other agencies, a percent equa l
to the City "pick up" of the employee's PER S
contribution will be added to the total compensatio n
provided by the City to the employees .
45
ARTICLE 3 2
HOURS
A.Employees assigned to a 24-hour shift schedule, shall work a
shift schedule which, over a period of one year, shal l
average approximately fifty-six (56) hours per week .
For purposes of illustration only, a copy of the shif t
schedule pattern is set forth in Appendix B .
The Department shall give no less than 15 days notice prio r
to changing a shift assignment for non-emergency reasons .
A work shift is defined as a work period of twenty-four (24 )
hours, commencing at 0800 hours and continuing until th e
next day, ending at 0800 hours (8 a .m . to the following 8
a .m .)
Within 60 days of adoption of this agreement, the Personne l
Director, the Chief, or his/her designee and a
representative from the Association shall form a committe e
to discuss and establish a reasonable system that wil l
address the needs of the Department and the concerns of th e
Association about the work schedule .
B.Shift Exchange - The Fire Chief or his/her representativ e
may authorize employees covered by this Agreement t o
exchange shift assignments with other department employee s
of equal rank or qualifications for the position .
46
C.Vacation Exchange -The Fire Chief or his/her representativ e
may authorize employees covered by this Agreement t o
exchange vacation leave with other department employees o f
equal rank or qualifications for the position .
D.Early Relief -The Fire Chief or his/her representative ma y
authorize employees covered by this Agreement to reliev e
another department employee of equal rank or qualification s
for the position prior to the end of the scheduled shift .
47
ARTICLE 3 3
HEALTH/FITNES S
The City, the Department and the Firefighters Association ar e
desirous of implementing measures to promote the well being o f
employees and reduce the incidents of preventable accidents ,
illnesses, and disabilities, and have, and shall continue to ,
work cooperatively to encourage and develop an appropriat e
program to enhance physical fitness and health and to establis h
required physical standards to be met by all employees . Th e
parties have agreed to implement the physical fitness progra m
outlined in the "Health and Fitness Maintenance Program" an d
dated 9-28-89 . Provisions for adopting required maintenance o f
the target fitness standards will be addressed in January 1991 .
The Association recognizes that it is the policy of the City t o
hire non smokers in the Fire Department . The Association furthe r
recognizes there is a fire department policy concerning smokin g
in departmental facilities and vehicles . The parties agree tha t
smoking poses health risks to non-smokers as well as smokers .
48
ARTICLE 3 4
SALARY SURVEY CITIE S
Cities to be used for review of salaries shall include :
Chic o
Davi s
Lompo c
Montere y
Nap a
Pleasanto n
Reddin g
Salina s
San Clement e
Santa Cru z
Santa Mari a
It is agreed that, during the negotiations to produce a successo r
Agreement, either party may propose changes to the above list o f
cities . A revised, mutually agreed upon list, may be used durin g
the negotiations to produce a successor Agreement .
49
ARTICLE 3 5
WORKACTION S
Participation by an employee in a strike or a concerted wor k
stoppage shall be deemed to pose an imminent threat to publi c
health or safety and is unlawful, furthermore, it shall terminat e
the employment relation . Provided however that nothing herei n
shall be so construed as to affect the right of any employee t o
abandon or to resign his employment .
(a)Employee organizations shall not hinder, delay ,
interfere with, nor coerce employees of the City t o
hinder, delay, or interfere with, the peacefu l
performance of City services by strike, concerted wor k
stoppage, cessation of work, slow-down, sit-down, stay -
away, or unlawful picketing .
(b)In the event that there occurs any strike, concerte d
work stoppage, or any other form of interference wit h
or limitation of the peaceful performance of Cit y
services prohibited by this Article, the City, i n
addition to any other lawful remedies or disciplinar y
actions, may, by action of the Municipal Employe e
Relations Officer cancel any or all payroll deductions ,
prohibit the use of bulletin boards, prohibit the us e
of City facilities, and withdraw recognition of th e
employee organization or organizations participating i n
such actions .
(c)Employee members of any employee organization shall no t
be locked out or prevented by'management officials fro m
performing their assigned duties when such employee s
50
are willing to perform such duties in the customar y
manner and at a reasonable level of efficiency .
Any decision made under the provisions of this Sectio n
may be appealed to the City Council by filing a
written Notice of Appeal with the Cit y
Clerk,accompanied by a complete statement setting fort h
all of the facts upon which the appeal is based . Suc h
Notice of Appeal must be filed within ten (10) workin g
days after the affected employee organization firs t
received notice of the decision upon which the
complaint is based, or it will be considered closed an d
not subject to any other appeal .
51
ARTICLE3 6
FULLAGREEMENT
It is understood this Agreement represents a complete and fina l
understanding on all negotiable issues between the City and th e
Association . This Agreement supersedes all previous Memoranda o f
Understanding or Memoranda of Agreement between the City and th e
Association except as specifically referred to in this Agreement .
The parties, for the term of this Agreement, voluntarily an d
unqualifiedly agree to waive the obligation to negotiate wit h
respect to any practice, subject or matter not specificall y
referred to or covered in this Agreement even though suc h
practice, subject or matter may not have been within th e
knowledge of the parties at the time this Agreement wa s
negotiated and signed . In the event any new practice, subject o r
matter arises during the term of this Agreement and an action i s
proposed by the City, the Association shall be afforded notic e
and shall have the right to meet and confer upon request .
52 .
ARTICLE 3 7
SAVINGS CLAUS E
If any provision of this Agreement should be held invalid b y
operation of law or by any court of competent jurisdiction, or i f
compliance with or enforcement of any provision should b e
restrained by any tribunal, the remainder of this Agreement shal l
not be affected thereby, and the parties shall enter into a mee t
and confer session for the sole purpose of arriving at a mutuall y
satisfactory replacement for such provision within thirty (30 )
day work period . If no Agreement has been reached, the partie s
agree to invoke the provision of impasse under Section 13 of Cit y
Resolution No . 6620 (1989 Series )
53
ARTICLE 3 8
RENEGOTIATION S
Pursuant to Resolution No . 6287, (1989 Series): If either part y
wishes to make changes to this agreement, that party shall serv e
upon the other its written request to negotiate as well as it s
initial proposals for an amended Agreement . Such notice an d
proposals must be submitted to the other party no more than 13 5
days nor less than 105 days prior to the end of the Agreement .
If notice is properly and timely given, negotiations shal l
commence no later than 90 days prior to the end of the Agreement .
54
ARTICLE 3 9
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of thi s
Agreement :
A.The Association's principal authorized agent shall b e
the President (address : 748 Pismo Street, San Lui s
Obispo, California 93401 ; telephone : (805) 549-7380).
B.Management's principal authorized agent shall be th e
Personnel Director or his/her duly authorize d
representative (address : P .O . Box 8100, San Lui s
Obispo, California 93403-8100 ; telephone : (805) 549 -
7252).
55
ARTICLE 4 0
TERM OF AGREEMEN T
This Agreement shall become effective as of July 1, 1989 an d
continue in full force and effect until expiration at midnight ,
June 30, 1994 .
SIGNATURE S
1.Classifications covered by this Agreement and include d
within this unit are shown in Appendix "A".
2.This Agreement does not apply to Temporary Employees o r
Part-time employees .
This Agreement was executed on November 14, 1989 by the followin g
parties .
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO
FIREFIGHTERS' ASSOCIATIO N
Bill Avery, City Consultant Tony Spitaleri, FFA Consultan t
AeS
Ann McPike, Personnel Director Dan Wunsch, Presiden t
56
1 APPENDIX A
2 CLASSIFICATIO N
3 CLASSIFICATION CODE SALARY RANG E
4 Firefighter 705 32 1
5 Fire Vehicle Mechanic 444 32 2
6 Fire Engineer/Inspector 707 32 4
7 Fire Captain 715 33 0
8
9
1 0
1 1
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
22
23
24
2 5
2 6
2 7
28
5 7
2
3
4
5
6
7
8
9
1 0
1 1
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
26
27
28
APPENDIXB
WORKSCHEDULEILLUSTRATIO N
For purposes of illustration only, the shift schedule pattern fo r
employees working a fifty-six (56) hour work week consists o f
five (5) twenty-four (24) hour on-duty periods within a fiftee n
(15) day cycle which is worked in accordance with the followin g
chart :
X = 24-hour on-duty perio d
0 = 24-hour off-duty perio d
SCHEDULE : XOXOXOXOX00000 0
58
APPENDIXC
EMPLOYEE RESPONSIBILITIES ANDBENEFITS -SICKLEAV E
Sick leave is governed by Section 2 .36 .420 of the Municipal Cod e
and reads as follows :
2 .36 .420 Employee responsibilities and benefits - Sick leave .
A .Sick Leave Defined . "Sick leave" shall be defined a s
follows :
1.Absence from duty because of illness or off-the-jo b
injury, or exposure to contagious diseases as evidenc e
by certification from an accepted medical authority ;
2.At each employee's option, absence from duty due to th e
death of a member of the "employee's immediate family,"
meaning spouse, child, brother, sister, parent, parent -
in-law, step-parent, step-brother, step-sister, or an y
other relative living in the same household, provide d
such leave as defined in this subsection shall no t
exceed five working days from each incident . Th e
employee may be required to submit proof of relative's
death before being granted sick leave pay ;
3.An employee whose memorandum of understandin g
incorporates a provision for "family leave" may us e
sick leave not to exceed three days per year i f
required to be away from his/her job to personally car e
for a member of the employee's immediate family a s
defined in this subsection .
B .Rules Governing Sick Leave .
1 .Each incumbent of a line-item position shall accru e
sick leave with pay at the rate of twelve days or th e
59
shift equivalent per year of continuous service sinc e
the benefit date .
2.Sick leave may be used after the completion of th e
month of service i n
which it was earned .
3.Sick leave shall begin with the first day of illness .
4.Department heads shall be responsible to the cit y
administrative officer for the uses of sick leave i n
their departments .
5.A department head shall require written proof o f
illness from an authorized medical authority at th e
employee's expense for sick leave use in excess of fiv e
consecutive working days by personnel in his/he r
department . Such proof may be required for periods o f
less than five consecutive working days where ther e
exists indication of abuse .
6.Any employee who is absent because of sickness or othe r
physical disability shall notify his/her immediat e
supervisor or department head as soon as possible bu t
in any event during the first day of absence . An y
employee who fails to comply with this provisio n
without having a valid reason will be placed on leav e
of absence without pay during the unexcused absence an d
be subject to disciplinary action in accordance wit h
procedures established by this chapter .
7.Any employee absent for an extended illness or othe r
physical disability may be required by the personne l
director to have an examination by the city's medica l
60
examiner at city expense prior to reinstatement to th e
city service .
8.An appointing authority, subject to approval of th e
personnel director, may require any employee to b e
medically examined where reasonable cause exists t o
believe that an employee has a medical condition whic h
impairs his/her job effectiveness or may endanger th e
health, safety or welfare of the employee, othe r
employees or the public . Employees who are judged t o
be physically incapable of meeting normal requirement s
of their positions may be placed in a classification o f
work for which they are suitable when a vacancy exists ,
or may be separated for physical disability .
9.In the event that an employee's sick leave benefit s
become exhausted due to illness or exposure t o
contagious disease, the employee shall revert to a
status of leave of absence without pay and be subjec t
to the provisions of Section 2 .36 .460 .
10.The right to benefits under the sick leave plan shal l
continue only during the period that the employee i s
employed by the city . This plan shall not give an y
employee the right to be retained in the services o f
the city,or any right of claim to sickness disabilit y
benefits after separation from the service of the city .
When an employee receives compensation under th e
Worker's Compensation Act of California, suc h
compensation received shall be considered part of th e
salary to be paid to the employee eligible for suc h
payments as required by state law . The amount paid b y
61
the city shall be the difference between the amoun t
received by the employee from the city's compensatio n
insurance coverage and the eligible employee's regula r
rate of pay .
11.Notwithstanding anything contained in this section, n o
employee shall be entitled to receive any payment o r
other compensation from the city while absent from dut y
by reason of injuries or disability received as a
result of engaging in employment other than employmen t
by the city for monetary gain or other compensation, o r
by reason of engaging in business or activity fo r
monetary or other compensation other than business o r
activity connected with his/her city employment .
12.A public safety employee shall not receive sick leav e
payments while receiving Worker's Compensatio n
payments .-
13.Accumulation of sick leave days shall be unlimited .
(Prior code 2708 .5)
62