HomeMy WebLinkAboutR-9821 Adopting and Ratifying the MOA Between the City and the SLO Fire Battalion Chief’s Association 01-01-2006 – 12-31-2010RESOLUTION NO. 9821(2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
FIRE BATTALION CHIEFS' ASSOCIATION FOR THE PERIOD OF
JANUARY 1, 2006 — DECEMBER 31, 2010
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Fire Battalion Chiefs' Association, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement to Warren Stephenson, San Luis Obispo Fire Battalion
Chief Officers' Association President and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1st day of August 2006.
Mayor David F. Romero
ATTEST:
&44 -�4z
Audrey H o er
City Cle
APPROVED AS TO FORM:
J P. Lowell
City Attorney
R 9821
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
FIRE BATTALION CHIEFS' ASSOCIATION
JANUARY 1, 2006 = December 31, 2010
city or
i San luis OBISPO
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TABLE OF CONTENTS
ARTICLE NO.
TITLE
PAGE N0.
1
PARTIES TO AGREEMENT .............................. ...............................
1
2
RECOGNITION ................................................. ...............................
2
3
EMPLOYEE RIGHTS ......................................... ..... .I.........................
3
4
MANAGEMENT RIGHTS ................................... ...............................
4
5
REPRESENTATIVE ROLE ................................ ...............................
5
6
RENEGOTIATIONS ............................................ ..............................6
7
COMMUNICATION ............................................. ..............................7
8
SALARY ............: ..... :..................................................................
........ 8
9
SALARY SURVEY AGENCIES ........................ ...............................
11
10
PAYDAY .......................................................... ...............................
12
11
GENERAL PROVISIONS., ...........................................................
...... 13
12
HEALTH CARE INSURANCE .......................... ...............................
14
13
RETIREMENT ................................................. ...............................
18
14
UNIFORM ALLOWANCE ................................. ...............................
19
15
HOLIDAYS ...................................................... ...............................
20
16
VACATION LEAVE .......................................... ...............................
22
17
ADMINISTRATIVE LEAVE .............................. ...............................
25
18
SICK LEAVE .................................................... ...............................
27
19
FAMILY LEAVE ............................................... ...............................
28
20
BEREAVEMENT LEAVE ................................. ...............................
30
21
HOURS .............................................................. .............................31
22
HEALTH/ FITNESS ............................................. .............................33
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ARTICLE NO. TITLE PAGE NO
23
GRIEVANCE PROCEDURE ............................ ...............................
34
24
RESOLUTION OF.IMPASSES .......................... .............................36
25
DISCIPLINARY ACTIONS ................................. .............................37
26
FULL AGREEMENT ........................................ ...............................
38
27
SAVINGS CLAUSE ............................................ .............................39
28
AUTHORIZED AGENTS .................................. ...............................
40
29
TERM OF AGREEMENT ............... :....................... ....................
..... 41
APPENDIX "A" - Classification ......................... .........:.....................
42
APPENDIX "B "- Work Schedule Illustration ..... ...............................
43
APPENDIX "C"
Employee Responsibilities and Benefits — Sick Leave
............. 44
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this first day of August, 2006, by and between the
City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Fire
Battalion Chiefs' Association, hereinafter referred to as Association.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City
hereby recognizes the San Luis Obispo Fire Battalion Chiefs' Association as the exclusive
bargaining representative for purposes of representing regular and probationary employees
occupying the position classification of Fire Battalion Chief for the duration of this Agreement.
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ARTICLE 3
EMPLOYEE RIGHTS
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Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer - employee relations including, but not limited to, wages, hours and other
terms and conditions of employment. Employees of the City also shall have the right to
refuse to join or participate in the activities of employee organizations and shall have the right
to represent themselves individually in their employment relations with the City. No
employee shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 4
MANAGEMENT RIGHTS
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The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action; relieve its employees from duty because of lack of
work or for other legitimate reasons; maintain the efficiency of government operations;
determine the methods, means and personnel by which government operations are to be
conducted; determine the content of the job classifications; take all necessary actions to
carry out its mission in emergencies; and exercise complete control and discretion over its
organization and the technology for performing its work.
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ARTICLE 5
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not
more than three employee members of such organization and one employee observer to
meet and confer with the Municipal Employee Relations Officer and other management
officials (after written certification of such selection is provided by an authorized official of the
organization) on subjects within the scope of representation during regular duty or work
hours without loss of compensation or other benefits. The employee organization shall,
whenever practicable, submit the name(s) of each employee representative to the Municipal
Employee Relations Officer at least two working days in advance of such meetings.
Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other authorized
City management official. If employee representatives cannot be released, date of
meeting will be rescheduled in accordance with item (2) below.
(2) That any such meeting is subject-to scheduling by City management consistent with
operating needs and work schedules. Nothing provided herein, however, shall limit
or restrict City management from scheduling such meetings before or after regular
duty or work hours.
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ARTICLE 6
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make changes to this
Agreement, that party shall serve upon the other, its written request to negotiate, as well as
its initial proposals for an amended Agreement. Such notice and proposals must be
submitted to the other party between 15 October and 1 November. If notice is properly and
timely given, negotiations shall commence no later than 15 November.
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ARTICLE 7
COMMUNICATION
The City and the Association agree to maintain and improve communication throughout the
term of this agreement. Therefore, meetings may be held, at the request of either party, on
an as- needed basis to discuss problems or other subjects of mutual interest. These
meetings are intended to serve as opportunities to enhance communication or discuss
unanticipated problems, and therefore will not be considered formal meet and confer
sessions.
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ARTICLE 8
SALARY
RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through E equal 95% of
the next highest step, computed to the nearest one dollar.
Step E = 95% of Step F
Step D = 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
Each across -the board % salary increase shall raise step F of the respective range by
the %. After all step F's of salary ranges have been established, each step F shall be
rounded off to the nearest $1.00 and the remaining steps established in accordance
with the above formula.
2. The time in step progression for employees with satisfactory performance will be as
follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
. 1 year at Step E
3. Employees who are eligible for advancement to step E or F after July 1, 1988, must
receive a "Meets Performance Standards" or better on the overall rating on their most
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recent Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
4. The department head shall be authorized to reevaluate employees who reach Step F in
their pay range. An employee who is not performing up to standard for the sixth step
shall be notified in writing that the department head intends to reduce him one step
unless his job performance improves significantly within a 60 -day period. Unless the
employee's job performance improves to an acceptable level by the end of 60 days, the
pay reduction shall then become effective. The sixth step may be reinstated at any
time upon recommendation of the department head. If the department head deems it
necessary to again remove the sixth step during the same fiscal year, he may make the
change at any time with three business days' advanced written notice.
5. The parties agree to salary increases as set forth below to be effective on the first day
of the first full payroll period in the month listed, for all employees in the Union
employed by the City on the date this agreement is formally approved by the City
Council. Excepted from this requirement are all employees honorably retired from the
City between the expiration date of the preceding contract (12/31/05) and the date this
agreement is formally approved by the City Council.
The Battalion Chiefs and the City agree that the above language (all the language in
the paragraph above) shall not exceed beyond July 1, 2010.
January 2006 3%
July 2006 2%
July 2007 4%
July 2008 5%
July 2009 5%
July 2010 . 5%
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In addition to the above - listed salary increases, employees shall receive equity salary
increases on the following dates:
July 2006 2%
January 2007 2%
April 2008 1 %
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ARTICLE 9
SALARY SURVEY AGENCIES
For purposes of external comparisons the agencies to be used for review of compensation
shall be determined by mutual agreement prior to the next negotiations. It is the intent of the
parties to use the same survey agencies as used by the Firefighters' Union.
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ARTICLE 10
PAYDAY
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control.
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ARTICI F 11
GENERAL PROVISIONS
WORKING_ CONDITIONS:
An officer's place of residence shall be within a forty (40) minute driving radius from San Luis
Obispo proper.
EDUCATION INCENTIVEPAY-_LONGEVITY PAY:
All positions shall be considered Mid- Management and not eligible for educational incentive
pay, longevity pay, or other special pays. Employees may participate in the city -wide Tuition
Reimbursement Program at the currently authorized reimbursement rate.
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ARTICLE 12
HEALTH CARE INSURANCE
A. CONTRIBUTION
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Effective in December 2005, for the January 2006 premium, the City agrees
to contribute $764.00 per month for medical, dental, vision and life
insurance for each regular, full -time employee covered by this Agreement.
The City's total Cafeteria Plan contribution will be modified in December of
each year of this contract by an amount equal to one -half of the average
percentage change in PERS health plans available in San Luis Obispo
County. For example: if three plans were available and the year to year
changes were +10% +15% +20% respectively, the City's contribution would
be increased by 7.5% (10% + 15% + 20% _ 3 = 15% x 1/2).
B. INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option" at the PERS minimum contribution rate,
currently $64.60 per month for active employees and $16.26 per month for
retirees. The City's contribution toward retirees shall be increased by five
(5 %) percent per year of the City's contribution for the active employees until
such time as the contributions for employees and retirees are equal. The
City's contribution will come out of that amount the City currently contributes
to employees as part of the Cafeteria Plan. The cost of the City's
participation in PERS will not require the City to expend additional funds
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toward health insurance beyond what is already provided for above in Section
A. In summary, this cost and any increases will be borne by the employees.
2. Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision is deducted) in cash
in accordance with the City's Cafeteria Plan. Those employees will also be
assessed $16.00 per month to be placed in the Retiree Health Insurance
Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no
requirement that these funds be used exclusively for this purpose nor any
guarantee that they will be sufficient to fund retiree health costs, although
they will be used for negotiated employee benefits.
3. Dental and Vision Insurance/Dependent Coverage
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 may do so, even if they do not have
dependent coverage under PERS.
C. LIFE INSURANCE.
Employees in the Fire Battalion Chiefs' Association shall have life insurance
coverage, of Ten Thousand Dollars ($10,000) paid by employee through the City's
Cafeteria Plan.
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D. MANAGEMENT BENEFIT
Employees filling these positions shall receive $25,000 term life insurance paid
directly by the City, for recognition of their management responsibilities.
E. MEDICAL PLAN REVIEW COMMITTEE
The Associations shall appoint one voting representative to serve on a Medical
Plan Review Committee. In addition, the Association may appoint one non - voting
representative to provide a wider range of viewpoint for discussion. The vote of
each voting representative shall be weighted according to the number of
employees represented by the Association.
1. Duties and Obligations of the Medical Plan Review Committee
a. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA.
b. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
C. Disseminate information and educate employees about the City's
flexible benefits plan and the insurance plans offered under the MOA.
d. Participate in other related assignments requested by the city and its
employees associations.
2. Miscellaneous
a. The actions of the Medical Plan Review Committee shall not preclude
the Association and the City from meeting and conferring.
b. No recommendations of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
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completion of meet and confer requirements between the City and
Association.
G. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and
confer in good faith.
d. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees
incurred for this consultation, provided that the City has approved the
consultation and fees in advance.
F. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero (0).
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ARTICLE 13
RETIREMENT
The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at age 50
plan to all sworn personnel. The 3% at age 50 plan includes the following amendments:
Post- Retirement Survivor Allowance, the 1959 Survivor's Benefit - Level Three, military
service credit, one -year final compensation, conversion of unused sick leave credit to
additional retirement credit, and Pre - Retirement Optional Settlement 2 Death Benefit.
The City has discontinued paying the employees' share of the PERS Contribution (9 %). The
9% is included in the base salary schedule, and reported as compensation to PERS. The
employee will pay directly to PERS their contribution amount on a pre -tax basis pursuant to
Section 414 (h) (2) of the Internal Revenue Code (IRC).
The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid after November 17, 1994.
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ARTICLE 14
UNIFORM ALLOWANCE
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A. Each sworn employee shall be required to wear an approved uniform to promote the
department's public image, except for the positions designated by the Fire Chief as only
requiring occasional uniform usage. Each employee shall receive an annual allowance
of $825 paid semi - annually to be spent on the purchase and maintenance of
department approved uniforms. Said allowance shall be paid directly to each eligible
employee on the first pay day in July and January. The Fire Chief or his designated
representative shall conduct a uniform inspection at least once a year to ensure that
each employee has the minimum number of uniforms and that all uniforms meet
department standards regarding safety and appearance. Employees whose uniforms
do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance will be given to new employees for purchase of their
uniforms. If the employee severs employment with the City or is terminated within one
(1) year, the cash advance shall be deducted from the employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and
wearing of employee uniforms. Such standards shall be on file in the Fire Chiefs office,
in each fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health /fitness clothes,
including appropriate athletic footwear as required by the Fire Chief.
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ARTICLE 15
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January -Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One -half day before Christmas
One -half day before New Year's
Two Floating (8 hour) Holiday (non -shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed. When a
holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24 -hour shift duty shall earn 6.07 hours of holiday leave semi -
monthly, in lieu of fixed holidays. Such employees shall receive payment at straight
time hourly rate for a portion of their earned holiday leave (2.83 hours) each bi=weekly
payroll period. The remainder of the employee's annual holiday leave (72 hours) shall
be advanced to the employee effective the first payroll period in January of each year.
Such holiday leave may be taken off by the employee as provided in the departmental
operations manual.
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Each pay period, an employee has the option of requesting payment of his /her
advanced holiday leave. The combination of holiday leave taken off and payment of
advanced holiday time may not exceed 72 hours in a calendar year. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his /her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
C. Floating (8 hour) holidays for non -shift employees shall be accrued on a monthly basis
and added to the vacation accrual. Use, carry-over, accumulation, etc., of such
vacation shall be subject to the same rules and procedures that cover all accrued
vacation.
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ARTICLE 16
VACATION LEAVE
Each incumbent of a 40 -hour week line -item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the
first five years, 15 days per year upon completion of five years, 18 days per year upon
completion of ten years, and 20 days per year upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days prorated to the number of regularly scheduled work hours.
2. A regular employee who leaves the City service shall receive payment for any unused
vacation leave..
3. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
4. Maximum accrual of vacation leave is two times the annual accrual. It is the
responsibility of the employee to manage vacation time below the maximum accrual
limit through the use of scheduled vacation time only.
5. All scheduled vacation requests must be approved by the Fire Chief. Immediately
following the November 1 st to December 30th vacation request period, the Fire Chief
will review and consider final approval of the scheduled vacation list
6. VACATION USE:
A. Coordination of the Battalion Chiefs first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make their
written scheduled vacation requests during the November 1 st to December 30th
period and will coordinate the availability of one Battalion Chief between
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themselves. Battalion Chief scheduled vacation selections will not be based on
shift employees' vacations. The Fire Chief will consider and approve the request.
B. Unscheduled vacations will be made in writing to the Fire Chief and will require
the availability of one Chief Officer and relief personnel which may include
voluntary overtime. All unscheduled vacations must be approved by the Fire
Chief. (Mandatory overtime is not allowed for unscheduled vacation.)
C. If an employee's scheduled vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above the twice annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
D. If an employee must cancel vacation for good reason, as defined by
management, the vacation above the twice annual maximum shall be paid as
accrued.
7. Any employee who is on approved vacation leave and becomes eligible for sick leave
as defined in Section 2.36.420A may have such time credited as sick leave under the
following conditions.
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor upon returning to work.
B. The vacation leave immediately ends and the employee reports to work following
the end of sick leave usage. (Ordinance No. 782 - 1978 Series)
8. AIL employees on this unit are eligible, once annually in December, to request payment
for up to seventy -two (72) hours of unused vacation leave provided that an employee's
attendance practices are satisfactory. Vacation sell -back shall be paid to employees at
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the last pay period of,the month. Requests for all sell -back need to meet payroll
deadlines consistent with those deadlines of the last pay period of the calendar year.
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ARTICLE 17
ADMINISTRATIVE LEAVE
All members of the unit shall be considered exempt and not eligible for overtime payment
or any return -to -work minimum payments or compensatory time off, except as described
below or specifically authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief to
return for more than four (4) hours.. It does not include administrative meetings, etc. In
general, managerial employees are expected to work the hours necessary to successfully
carry out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
In recognition of these requirements and the 24 -hour staffing requirements of Fire
Departments, all members of this unit shall be afforded flexibility in managing their work
load and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Such leave may be taken at any time during the year, however, in
cases where a person is not actively employed in an exempt position with the city during
the full year such leave shall be prorated or if the yearly amount earned is changed
during the year the amounts shall be prorated. For purposes of computing monthly
amounts the rate of 5.33 hours per month may be used. There shall be no carryover of
such leave from year to year or any payoff for unused leave except that during the month
of December employees may request up to 40 hours of unused administrative leave to be
paid in cash at the last pay period provided that total taken and paid does not exceed 72
hours during the calendar year.
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Employees temporarily assigned as the acting Fire Chief on their days off will be eligible
for compensatory time off on the following basis:
Hours assigned CTO Earned
0 -5 hours 59 minutes 0 hours
6 hours —11 hours 59 minutes 1 hour
12 -24 hours 2 hours
During the term of this agreement the Association and the City agree to develop
language which addresses ways to prevent the taking of Administrative Leave from
triggering overtime in another unit.
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ARTICLE 18
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C
attached)
1. Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or the
designated beneficiary or beneficiaries, according to the following schedule:
(a) Death - 50% Such payment shall be made within seventy -two hours of notice to
the City of an employee's death.
(b) Retirement and actual commencement of PIERS benefits:
(1) After twenty years of continuous employment - 20%
(2) After twenty -five years of continuous employment— 25%
(3) After 30 years of continuous employment — 30%
(c) Job - related disability retirement and actual commencement of PIERS benefits -
50% with a maximum of 750 hours payoff (50% of 1,500 accrued hours.) Any
balance of sick leave that remains after payoff will be forfeited. Sick leave cannot
be used to postpone the effective date of an industrial disability retirement.
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ARTICLE 19
FAMILY LEAVE
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An employee may take up to three days per year of sick leave or the shift equivalent for
shift employees (33.6 hours) if required to be away from the job to personally care for a
member of his /her immediate family. A member of the employee's immediate family
shall mean spouse /registered domestic partner, child, brother, sister, parent, parent-in-
law, step - parent, step- brother, step- sister, grandparent, or any other relative living in
the same household.
2. If the family member is a child, parent or spouse /registered domestic partner, an
employee may use up to 48 hours (67.2 hours for shift employees) annually to attend to
the illness of the child, parent or spouse /registered domestic partner, instead of the
annual maximum in paragraph 1. above in accordance with Labor Code Section 233..
3. In conjunction with existing leave benefits, Unit employees with one year of City service
who have worked at least 1280 hours in the last year, maybe eligible for up to 12
weeks of Family /Medical Leave within any 12 month period. Family /Medical Leave can
be used for:
A. A new child through birth, adoption or foster care (maternal or paternal leave.)
B. A seriously ill child, spouse /registered domestic partner or parent who requires
hospitalization or continuing treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to perform the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four
month Pregnancy - Disability Leave provided by California law. Paid leave, if used for
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family leave purposes or personnel illness will be subtracted from the 12 weeks allowed
by the Family /Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family /Medical Leave.
Employees on Family /Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive cash
'back under the City's Flexible Benefit Plan will not receive that cash during the
Family /Medical Leave. Only City group health insurance premiums will be paid by the
City.
If an employee does not return to work following leave the City may collect the amount
paid for health insurance by the City during the leave. There are two exceptions to this
rule.
1) The continuation of a serious health condition of the employee or a covered family
member prevents the return.
2) Circumstance beyond the employee's control.
Further details on Family /Medical Leaves, are available through the City's "Guide to
Family /Medical Leave Program ".
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ARTICLE 20
BEREAVEMENTLEAVE
At each employee's option, sick leave may be used to be absent from duty due to the death
of a member of the employee's immediate family, meaning spouse /registered domestic
partner, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step- sister,
grandparent, or any other relative living in the same household, provided such leave as
defined in this section shall not exceed five (5) working days from 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 or relationship shall be cause for discharge.
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ARTICLE 21
HOURS
Employees assigned to a 24 -hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty -six (56) hours per week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in Appendix
B.
A work shift is defined as a work period of twenty -four (24) hours, commencing at 0800 hours
and continuing until the next day, ending at 0800 hours (8 a.m. to the following 8 a.m.)
Unscheduled time off, shift exchanges, vacation exchanges and early reliefs shall be
approved by the Fire Chief and will require the availability of a chief officer and relief
personnel of equal rank and or qualifications for the position. (Availability of a chief officer
shall be defined as: immediately available to respond with two way radio communications to
an emergency and arriving in the city limits within 15 minutes.)
A. Shift Coverage
Shift Fire Battalion Chief absences will be covered by an off duty Fire Battalion. Chief,
through the Call Back options listed below.
A Fire Battalion Chief working shift coverage in excess of 4 hours for another Fire
Battalion Chief will receive a shift coverage stipend at the rate of 1.275% of base pay
for each hour worked. Fire Battalion Chiefs continue to be overtime exempt and will
perform all other additional work without additional compensation except as described
in Article 17, Administrative Leave and the California Fire Assistance Agreement.
B. Call Back
Shift Coverage call back shall be as follows:
First Option — Rank for rank
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Second Option — Certified actors. (Until such program is developed, all members
currently authorized to act out of grade as Fire Battalion Chiefs shall be deemed as
certified actors).
Third Option — The Fire Chief may temporarily act as Battalion Chief in situations that
would otherwise require mandatory overtime.
Fourth Option — Mandatory rank for rank.
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ARTICLE 22
HEALTH /FITNESS
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The City, the department and the Association are desirous of implementing measures to
promote the well being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities and shall work cooperatively to encourage and develop appropriate
programs to enhance physical fitness and health of all fire department employees.
The Association recognizes that it is the policy of the City to hire non - smokers in the Fire
Department. The Association further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses health
risks to non - smokers as well as smokers.
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0 0
ARTICLE 23
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of the
personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary
matters, or any existing written policy or procedure relating to wages, hours or other terms
and conditions of employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's. immediate superior. The
employee shall have the right to choose a representative to accompany him /her at
each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. if still dissatisfied, the employee may submit the grievance in writing to the
department head for consideration, stating the facts on which it was based,
including the provision of the rules, regulations, or agreement said to be violated,
and the proposed remedy. This action must take place within fifteen (15)
business days of the response of the supervisor's immediate superior but in no
event later than thirty (30) calendar days after the occurrence of the event giving
rise to the grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of receiving the
written grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
C. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the Personnel Director within
seven (7) business days of receiving the department head's decision. The
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Human Resources Director shall confer with the employee and the department
head and any other interested parties, and shall conduct such other investigations
as may be advisable.
D. The results or findings of such conferences and investigations shall be submitted
to the City Administrative Officer in writing within fifteen (15) business days of
receiving the employee's written request. The City Administrative Officer will meet
with the employee if the employee so desires before rendering a decision with
respect to the complaint. The City Administrative Officer's decision shall be in
writing and given to the employee within twenty (20) business days of receiving
the Human Resources Director's results and findings. Such decision shall be final
unless the employee desires the Personnel Board to review the decision. If such
is the case, the employee will have ten (10) business days following receipt of the
City Administrative Officer's decision to submit a written request to the Personnel
Board through the Personnel Director fora review of the decision. The Personnel
Board within thirty (30) business days shall review the record and either (1) issue
an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on
the matter. If a hearing is held, an advisory opinion shall be rendered by the
Board within ten (10) business days of the close of such hearing. If an opinion
signed by at least three (3) members of the Personnel Board recommends
overruling or modifying the City Administrative Officer's decision, the City
Administrative Officer shall comply or appeal this recommendation to the City
Council. Such appeal shall be filed with the City Clerk within three (3) business
days of the Board's action. If appealed, the City Council shall review the case on
the record and render a final decision within thirty (30) business days of submittal.
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0 0
ARTICLE 24
RESOLUTION OF IMPASSES
Impasse procedures may be invoked only after the possibility of settlement by direct
discussion has been exhausted. The impasse procedures are as follows:
A. DETERMINATION BY THE CITY COUNCIL —after a hearing on the merits of the
dispute.
B. Any other dispute resolving procedures to which the parties mutually agree or which the
City Council may order. Any party may initiate the impasse procedure by filing with the
other party (or parties) affected a written request for an impasse meeting together with
a statement of its position on all disputed issues. An impasse meeting shall then be
scheduled to be held in executive session by the Municipal Employee Relations Officer
forthwith after the date of filing of the written request for such meeting, with written
notice to all parties affected. The purposes of such impasse meeting is twofold: (1) To
permit a review of the position of all parties in a final effort to reach agreement on the
disputed issues, and (2) if agreement is not concluded, to mutually select the specific
impasse procedure to which the dispute shall be submitted; in the absence of
agreement between the parties on this point, this matter shall be referred to the City
Council. The fees and expenses, if any, of mediators or of any other impasse
procedure, shall be payable one -half by the City and one -half by the employee
organization or employee organizations.
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ARTICLE 25
DISCIPLINARY ACTIONS
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Battalion Chiefs are exempt from the overtime provisions of the Fair Labor Standards Act.
As such, they may be terminated, demoted, reduced in compensation or suspended for more
than one work week (the shift equivalent of 56 hours) for any of the grounds set forth in
Section 2.36.320 of the Personnel Rules and Regulations. They may also be suspended for
less than one work week (the shift equivalent of 56 hours), but only for a violation of City
safety rules of major significance.
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ARTICLE 26
FULL AGREEMENT
O
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes ail
previous Memoranda of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request in
writing to meet and confer on such. item(s), which item(s)<shall be specified in writing. During
the life of this Memorandum of Agreement, either party may refuse such a request without
explanation, and no unilateral action may be taken on the matter within the scope of
representation during the term of this agreement.
1
ARTICLE 27
SAVINGS CLAUSE
If any provisions of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and
the parties shall enter into a meet and confer session for the sole purpose of arriving at a
mutually satisfactory replacement for such provision within a thirty (30) day work period. If
no agreement has been reached, the parties agree to invoke the provision of impasse under
Section 13 of City Resolution No. 3405 (1977 Series) or as may be amended.
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ARTICLE 28
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President (address:
2160 Santa Barbara Avenue, San Luis Obispo, California 93401; telephone:
(805) 781 -7380.
B. Management's principal authorized agent shall be the Human Resources Director
or his /her duly authorized representative (address: 990 Palm Street, San Luis
Obispo, California 93401; telephone: (805) 781 -7250.
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ARTICLE 29
TERM OF AGREEMENT
This Agreement shall become effective upon adoption by Council, except that those
provisions which have specific implementation dates, shall be implemented on those dates
and shall remain in full force and effect until midnight December 31, 2010.
SIGNATURES
1. The classification covered by this Agreement and included within this unit is Fire
Battalion Chief.
2. This Agreement does not apply to Temporary Employees or Part -time Employees.
This Agreement was executed, by the following parties:
CITY OF SAN LUIS OBISPO
Monica Irons
Director of Human Resources
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achael Hendricks
Human Resources Analyst
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SAN LUIS OBISPO FIRE
BATTALION CHIEFS ASSOCIATION.
Warren Ste enson
Fire Battal' n Chief
Tom Zeulne
Fire Battalion Chief
Bob Rutledge
Fire Battalion Chief
CLASSIFICATION
Fire Battalion Chief
.9.:
CLASSIFICATION
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CODE SALARY RANGE
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APPENDIX B
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty -six
(56) hour work week consists of eight (8) twenty -four (24) hour on -duty periods within a
twenty -four (24) day cycle which is worked in accordance with the following chart:
X = 24 -hour on -duty period
O = 24 -hour off -duty period
SCHEDULE: XOXOXOXOOOOOOXOXOXOXO000
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C
APPENDIX C
C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420 Employee responsibilities and benefits- Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off- the -job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member
of the "employee's immediate family," meaning spouse /registered domestic
partner, child, brother, sister, parent, parent -in -law, step - parent, step- brother,
step- sister, or any other relative living in the same household, provided such
leave as defined in this subsection shall not exceed five working days from
each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a provision
for "family leave" may use sick leave not to exceed three days per year if
required to be away from his /her job to personally care for a member of the
employee's immediate family as defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line -item position shall accrue sick leave with pay at the
rate of twelve days or the shift equivalent per year of continuous service since
the benefit date.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
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3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the city administrative officer for
the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five consecutive working days by personnel in his /her department. Such
proof may be required for periods of less than five consecutive working days
where there exists indication of abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify his /her immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee who
fails to comply with this provision without having a valid reason will be placed
on leave of absence without pay during the unexcused absence and be
subject to disciplinary action in accordance with procedures established by
this chapter.
7. Any employee absent for an extended illness or other physical disability may
be required by the personnel director to have an examination by the city's
medical examiner at city expense prior to reinstatement to the city service.
8. An appointing authority, subject to approval of the personnel director, may
require any employee to be medically examined where reasonable cause .
exists to believe that an employee has a medical condition which impairs
his /her job effectiveness or may endanger the health, safety or welfare of the
employee, other employees or the public. Employees who are judged to be
physically incapable of meeting normal requirements of their positions may
09
be placed in a classification of 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 benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of
Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give any
employee the right,to be retained in the services of the city, or any right of
claim to sickness disability benefits after separation from the service of the
city. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount. paid by the city shall be the
difference between the amount received by the employee from the city's
compensation insurance coverage and the eligible employee's regular rate of
pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the city while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the city for monetary gain
or other compensation, or by reason of engaging in business or activity for
monetary or other compensation other than business or activity connected
with his /her city employment.
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12. A public safety employee shall not receive sick leave payments while
receiving Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
47
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