HomeMy WebLinkAbout05-15-2012 c9 moa city slo and slo police staff assoc and slo battalionA counci lacenba I epoRt
Meeting Date
05/15/1 2
Item Number
C 9
'CITY O F S A N L U I S O B I S P O
FROM :
Monica Irons, Human Resources Directo r
Prepared By :Greg Zocher, Human Resources Manage r
SUBJECT :MEMORANDUM OF AGREEMENTS BETWEEN THE CITY OF SAN LUI S
OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS '
ASSOCIATION AND THE SAN LUIS OBISPO BATTALION CHIEFS '
ASSOCIATION .
RECOMMENDATION
1.Approve the fourth amendment to the July 1, 2007 — June 30, 2012 Memorandum o f
Agreement between the City of San Luis Obispo and the San Luis Obispo Police Staff
Officers' Association .
2.Adopt a resolution adopting and ratifying the Memorandum of Agreement between the Cit y
of San Luis Obispo and the San Luis Obispo Police Staff Officers' Association (SLOPSOA )
for the period of July 1, 2012 through, June 30, 2015 .
3.Approve Letter of Agreement between the City of San Luis Obispo and the San Luis Obisp o
Fire Battalion Chiefs' Association .
4.Approve first amendment to the January 1, 2012 —December 31, 2015 Memorandum o f
Agreement between the City of San Luis Obispo and the International Association o f
Firefighters Local 3523 (Fire Union) correcting conflicting language .
DISCUSSION
Backgroun d
San Luis Obispo Police Staff Officers Associatio n
The San Luis Obispo Police Staff Officers' Association (SLOPSOA) represents 13 safet y
management employees ranging from the ranks of Police Sergeant to Police Captain and four non-
safety supervisors in communications and records . Compensation and benefits for this group of
employees is established by a memorandum of agreement (MOA) and amendments that will expir e
on June 30, 2012 . In December 2011 SLOPSOA President Kerri Rosenblum contacted staff and
requested information on Council's labor relations objectives . The City provided Council's labo r
relations objectives outlined below, in advance of formal negotiations with this group :
1.Implement sustainable actions to reduce total employee compensation costs by 6 .8% or a
total of $3 .1 million annually for all funds ($2 .6 million in the General Fund only) as set
forth in the 2011-13 Financial Plan ; and,
2.Achieve "significant progress" in the area of long-term systemic pension cost containmen t
and reduction, including :
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Police Staff Officers and Fire Battalion Chiefs Page2
o a shift to employees paying the full member contribution required by Ca1PER S
(eight percent for Miscellaneous employees and nine percent for Safety employees);
thus moving away from EPMC for current and future employees ; and ,
o implementation of a second tier retirement benefit, or ,
o other actions that meet this objective .
On January 18, 2012, the City received a request from SLOPSOA to open negotiations an d
authorized the City to delay the contractual 3% COLA that was scheduled for the first full pa y
period of January 2012, pending the outcome of the negotiations . Representatives from SLOPSO A
and the City met on four occasions and reached a tentative agreement on the terms of a successo r
MOA . As is typical for this group, the negotiation sessions were very professional, productive an d
constructive, including an exchange of information and ideas, guided by the Council's labo r
relations objectives . The tentative agreement was ratified by SLOPSOA on April 18, 2012 .
SLOPSOA agreed to waive the January 2012 contractual 3%cost of living adjustment (COLA) fo r
all classifications except Records Supervisor . Over the term of the agreement, SLOPSOA ha s
waived five scheduled increases totaling 11% of the contractually obligated increases . A fourt h
amendment to the current MOA (Attachment 1) reflects the most recent 3% concession .
The compensation for the Records Supervisor has been an ongoing concern for SLOPSOA wh o
believe the salary range is not commensurate with the responsibility and the liability that thi s
position carries for the City . Not including the Records Supervisor in the salary reductions wa s
"netted" against the savings from the other components of the proposal . Excluding the Records
Supervisor from the salary reductions would align this classification with other non-sworn first-lin e
supervisors in the unrepresented management group .
The following summarizes the key terms of the successor agreement :
1 . A three-year MOA term (July 1, 2012 through June 30, 2015).
2 . Salary reductions as follows (with the exception of the Records Supervisor):
a.2 .5% Salary Reduction effective the first full payroll period in January 201 3
b.2% Salary Reduction effective the first full payroll period in January 2014 .
3 . No across the board (e .g . cost of living adjustments) salary increases for the term of th e
agreement.
4 . No increase in the City contribution to health insurance until December 2014 . At that tim e
the City contribution to health insurance will be modified based on an amount equal to one
half of the average percentage change for family coverage in the Ca1PERS health plan s
available in San Luis Obispo County .
5 . This group recognizes the necessity of implementing a second tier retirement benefit an d
have agreed to a second tier formula for Police Safety employees consistent with what th e
City implements with the San Luis Obispo Police Officers Association and a second tier fo r
Police Non-Safety employees consistent with what the City implements with the San Luis
Obispo City Employees Association (SLOCEA) at the conclusion of the negotiation process .
The Safety second tier will be implemented for new employees hired after July 1, 2012 or as
soon as practical in accordance with Ca1PERS and other State regulations .
Police Staff Officers and Fire Battalion Chiefs Page3
6.Minor wording changes to the MOA to more accurately reflect classification titles, current
practices, modify differences in leave accrual and buyback for consistency with other polic e
employees, etc .
7.All other terms and conditions of the MOA remain unchanged for the term of the agreement .
SLOPSOA meets Council's financial labor relations objectives through salary reductions phased-i n
starting in January 2012 (with the waived 3% COLA) and ending in January 2014 when salar y
reductions for this unit total 7 .5%.This unit currently pays the full Member Contribution t o
Ca1PERS and has agreed to a "second tier" pension formula to meet Council's labor relation s
objective . The second tier will be based on what the City implements with the Police Officer s
Association and the San Luis Obispo City Employees Association. By adopting the proposed
Resolution (Attachment 2), Council's labor relations objectives will have been met for this group .
At the end of this agreement, employees represented by SLOPSOA will have gone without a cost of
living adjustment for five years (the last adjustment was a 3% increase received in July 2010) an d
reduced salary by 7 .5%.
San Luis Obispo Fire Battalion Chiefs' Associatio n
The San Luis Obispo Fire Battalion Chiefs' Association (BCs) represents 3 safety managemen t
employees . Compensation and benefits for this group of employees is established by a
memorandum of agreement (MOA) and amendments that expired on December 31, 2011 . In
September 2011, the City requested negotiations with this group and sent information on Council's
labor relations objectives as outlined above. Representatives from BCs and the City met on five
occasions and reached a tentative agreement on March 30, 2012 .
The following summarizes the key terms of the letter of agreement :
1.July 2012 5% salary reduction .
2.July 2013 2 .5% salary reduction .
3.City agrees to recognize Local 3523 as representative of the Battalion Chief classificatio n
and no longer recognize the Battalion Chiefs Association . Coverage of the BCs under th e
Fire MOA will not result in any economic increases .
4.A Fire Safety second tier retirement benefit of 3% at 55 consistent with the March 6, 201 2
agreement with the Fire Union allowing for implementation July 1, 2012 or as soon a s
practical upon approval from Ca1PERS .
5.Four-year term of agreement consistent with Fire Union agreement, January 1, 2012 throug h
December 31, 2015 .
A Fire Department assessment was completed in January 2009 and identified the need for an
unrepresented management Deputy Chief position to assist the Fire Chief in implementing critica l
Fire programs . Recently the Chief received authorization to reorganize to achieve this much neede d
position without adding cost to the department . Several efficiencies are being implemented and th e
current BCs will be operationally focused . During negotiations, the BCs voiced a desire to b e
represented by the Fire Union as the BC association is so small it is inefficient for them to negotiat e
with the City . The addition of the unrepresented management Deputy Chief relieves any potentia l
conflict of these management employees being represented by the same association as th e
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Police Staff Officers and Fire BattalionChiefs Page4
employees they supervise . Therefore, the Letter of Agreement (Attachment 3) authorizes the Fir e
Union to represent the Battalion Chief classification and no longer recognizes the Battalion Chiefs
Association, thus reducing the number of bargaining units . This is consistent with the City's
Employer Employee Resolution 6620 Section 11 .B .3 that states, "Every effort should be made t o
minimize the proliferation of units within the guidelines herein established ."
Several years ago the San Luis Obispo Battalion Chiefs' Association agreed to pay the membe r
contribution to Ca1PERS and received equivalent salary increases . Therefore, the BCs mee t
Council's financial labor relations objectives through a phased-in salary reduction starting in Jul y
2012 and totaling 7 .5%in July 2013, when the Fire Union will be paying the full Membe r
contribution to Ca1PERS .
In preparing a Contract Amendment application with Ca1PERS to begin the process o f
implementing the adopted second tier retirement benefit, staff discovered conflicting language i n
the Fire Union MOA describing the basis for final compensation under the second tier . The MOA
correctly states that the average of three highest years will be used to calculate final compensation ,
but subsequently states that amendments including one-year final compensation are also included .
Obviously these two statements are in conflict and need to be corrected . Through the negotiation s
process a second tier of 3% at 55 with new employees paying the full Member Contribution t o
PERS and final compensation calculated using the average of three years was agreed upon, a s
indicated in the March 6, 2012 agenda report . The first amendment to the January 1, 2012 –
December 31, 2015 Memorandum of Agreement between the City of San Luis Obispo and th e
International Association of Firefighters Local 3523 (Attachment #4) corrects this conflictin g
language .
FISCAL IMPAC T
Effective the first full payroll in July 2013, the total compensation cost reductions will result i n
annual savings of $201,000 which is a 4 .8% reduction for these employee groups . Effective th e
first full payroll in January 2014, the additional reductions will bring the annual ongoing savings t o
$278,000 which results in an ongoing 6 .8% reduction in total compensation costs for these
employee groups . As approved by Council, use of one time savings in the amount of $246,000 wil l
be required as the terms of these contracts are phased in .
Combined with actions taken by the unrepresented management group in January, the Internationa l
Association of Firefighters Local 3523 in March, and the unrepresented confidential employees in
April, these agreements helps the City achieve approximately 52% of the targeted $3 .1 million in
ongoing personnel cost reductions .
ALTERNATIVE S
Do not approve the resolutions and contract amendments .This alternative is not recommended, a s
the resolutions and contract amendments are consistent with the Council's labor relations objective s
and the City's employer-employee relations policies .
Police Staff Officers and Fire Battalion Chiefs P age 5
ATTACHMENT S
Fourth Amendment t:o the JulyU _ _ 2 0) 7
30,201 .2 M
b etween _the City_of San _I uis Obispo fan
Association .
l~e5olu ion adopting, and r t~+;Ong the Meino m
Luis Obispo and the San ►uis Obispo Police Stab .Offic e
2012 throw h .iune 30 2015 .
-ttei of A
naentbetween the Citt of San [tiros Obi p o and tic
Battalion Chiefs' Association .
4 .First amendment to the_J;n ,,ry 1,_2012—
between the City of San Le Obispo and theInt e
3523 eorrcct n~ cosiilictin() k n, uaGe (Fire Union)
AVAILABLE FOR REVIEW IN THE COUNCIL OFFIC E
1 . MOA between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers '
Association, July 1, 2012 through June 30, 2015 .
i .laganda reporttemplatesla-council agenda ceport .doc
,uis Obispo Fire
2045 Pv e orandum of Agre n r
1 Associationoil irefighteis Local
ATTACHMENT 1
FOURTH AMENDMEN T
to the July 1, 2007 June 30, 2012`' Memorandum of Agreemen t
Betvveen
the City of San Luis Obisp o
an d
the San Luis Obispo Police Staff Officers' Associatio n
I .
PURPOSE OF THIS AMENDMEN T
The San Luis Obispo Police Staff Officers' Association (SLOPSOA )
recognizes the severity and ongoing nature of the City's budget shortfall . B y
agreeing to the modifications ofsalary increases outlined in Section II of this
amendment, SLOPSOA demonstrates continued leadership and commitmen t
to the City's financial health and sustainability .
IL MODIFICATION OF SALARY INCREASES FOR THE REMAININ G
TERM OF THE AGREEMENT
The parties agree to all salary increases set forth in the prior amendments a s
modified below:
January 2012
0% ,All ;ciasi'eations except Records Supervisor
All other terms and conditions of the 2007-12 Memorandum of Agreement and
prior Amendments shall remain in effect for the term of the agreement as
specified in Article 31 .
L../Ak
YvtlU~.tc%°~W
Monica Irons, Human Resources Director
Kerr' ose
CITY OF SAN LUIS OBISPO POLICE STAFF OFFICERS '
ASSOCIATION
turn, SLOPSOA Presiden t
61D/-
Date
esources Manager JolrrBiedsoe,SLOPSOA Vice Presiden t
Bri'ap Amoroso, SLOPSOA Negotiato r
Date
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ATTACHMENT 2
Page 1 of 2
RESOLUTION NO .(2012 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEE N
THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO POLICE STAF F
OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2012 THROUG H
JUNE 30,201 5
WHEREAS,representatives of the San Luis Obispo Police Staff Officers' Association me t
multiple times with City representatives to identify sustainable reductions in total compensatio n
costs ; achieving Council's labor relations objectives to reduce total compensation costs and
implement sustainable pension cost containment and reductions ; and
WHEREAS,the San Luis Obispo Police Staff Officers' Association employee s
acknowledge the fiscal challenges facing the City of San Luis Obispo and are committed t o
working with the City to help achieve long-term sustainable solutions ;
NOW,THEREFORE, BE IT RESOLVED ;by the City Council of the City of San Luis Obisp o
as follows :
SECTION 1 . The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Staff Officers' Association, attached hereto as Exhibit "A" an d
incorporated herein by this reference, is hereby adopted and ratified .
SECTION 2. The Director of Finance and Information Technology shall adjust th e
appropriate accounts to reflect the compensation changes .
SECTION 3 . The City Clerk shall furnish a copy of this resolution and a copy of th e
executed Memorandum of Agreement approved by it to : Kerri Rosenblum, San Luis Obispo Polic e
Staff Officers' Association and Monica Irons, Director of Human Resources .
Upon motion of , seconded by
, and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this 15th day of May, 2012 .
Mayor Jan Marx
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ATTACHMENT 2
Page 2 of 2
ATTEST :
Sheryll Schroede r
Interim City Clerk
APPROVED AS TO FORM :
/s/ J . Christine Dietrick
J . Christine Dietric k
City Attorney
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EXHIBIT A
A copy of the MOA is in the Council Reading File an d
available for public review . At the time of this report
deadline, appropriate signatures were being obtained .
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ATTACHMENT 3
Letter of Agreement
Between
the City of San Luis Obispo
and
the San Luis Obispo Fire Battalion Chiefs' Associatio n
Having met and conferred in good faith in accordance with California Government Code sectio n
3500 et,seq ., the City of San Luis Obispo and the San Luis Obispo Battalion Chiefs' Association
hereby agree to the fallowing terms and conditions of employment for the term of th e
International Association of Firefighters, Local 3523 Memorandum of Agreement dated Januar y
1, 2012 December 31, 2015 (hereafter "MOA"). Except as specified below, employees in th e
classification of Battalion Chief will be covered by and subject to the terms and conditions o f
employment contained in the MOA, effective upon the City Council's adoption of this Letter of
Agreement . Further, it is understood and agreed that by execution of this Letter of Agreemen t
the bargaining unit represented by Local 3523 is modified to include the classification o f
Battalion Chief and upon execution of this agreement the City no longer recognizes the San Lui s
Obispo Fire Battalion Chiefs' Association as a designated employee representative .
Article 10
Grievance Procedure
Section F
This section does not apply for the Battalion Chief classification .
Add Section G which only applies to the Battalion Chief classification :
G . If the employee desires a review of the decision the procedure is as follows :
The employee will have ten (10) business days following receipt of the City
Manager's decision to submit a written request to the Personnel Board through th e
Human Resources Director for a review of the decision . The Personnel Board withi n
thirty (30) business days shall review the record and either (1) issue an advisor y
opinion to the City Manager ; or (2) conduct a hearing on the matter . If a hearing i s
held, an advisory opinion shall be rendered by the Board within ten (10) busines s
days of the close of such hearing . If an opinion signed by at least three (3)member s
of the Personnel Board recommends overruling or modifying the City Manager's
decision, the City Manager shall comply or appeal this recommendation to the Cit y
Council . Such appeal shall be filed with the City Clerk within three (3) business day s
of the Board's action . If appealed, the City Council shall review the case on th e
record and render a final decision within thirty (30) business days of submittal .
Article 11
Salary
Section A - Rules Governing Step Increase s
The salary range for Battalion Chief's is a single classification range and is not established by th e
2 .63% methodology . The salary range consists of six steps (1 through 6). Steps 1 through 5
equals 95% of the next highest step, computed to the nearest one dollar .
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Section B — Salary Provisions for Term of Agreemen t
•Effective the first full pay period in July 2012 the Battalion Chief Classification will take
a 5% wage reduction .
•Effective the first full pay period in July 2013 the Battalion Chief Classification will tak e
an additional 2 .5% wage reduction .
Article 12
Paramedic Incentive Pa y
This Article does not apply for the Battalion Chief classification .
Article 13
Station One Captain Incentive Pa y
This Article does not apply for the Battalion Chief classification .
Article 14
Bilingual Pa y
This Article does not apply for the Battalion Chief classification .
Article 15
Hazardous Materials Incentive Pa y
This Article does not apply for the Battalion Chief classification .
Article 16
Training Captai n
This Article does not apply for the Battalion Chief classification .
Page 2 of 6
Range Change Effective July 2012 (5% Reduction )
Step 1 Step 2 :Step 3 ;Step 4 Step 5 Step 6
Salary Position Monthly/ Monthly!Monthly/ Monthly/ Monthly/ Monthly /
Range Title Bi-Weekly ; Bi-Weekly Bi-Weekly Bi-Weekly . B1-Weekly : Bi-Weekl y
505 Battalio n
Chief
8,648!9,104 ;
3,992 :4,202!
9,583 ;10,087 10,618 :11,17 7
4,423 4,656 4,901 ;5,159 '
Range Change Effective July 2013 (2 .5% Reduction )
Step 1!Step 2
Monthly!: Monthly /
B1-Weekly Bi-Weekly
Step3 Step 4 Step 5 Step 6
Monthly!: Monthly/ Monthly!; Monthly/;
Bi-Weekly ; Bi-Weekly . Bi-Weekly ; Bi-Weekl y
Salary ; Position
Range Titl e
505 : Battalion
Chief
8,877 ;9,344 :9,836 .10,353'10,898
4,0971 4,313 ;4,540 :4,779!5,030
8,433 :
3,892
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Article 17 Overtim e
This Article does not apply for the Battalion Chief classification due to their status as FLS A
exempt employees .
Article 18 Emergency Call Bac k
This Article does not apply for the Battalion Chief classification .
Article 19 Work Out of Grade
This Article does not apply for the Battalion Chief classification except for the following :
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be eligibl e
for compensatory time off on the following basis :
Hours assigned CTO Earne d
0-5 hours 59 minutes 0 hours
6 hours — 11 hours 59 minutes 1 hour
12—24 hours 2 hours
Article21Education Incentiv e
This Article does not apply for the Battalion Chief classification .
Article22 Uniform Allowanc e
Section A
Battalion Chiefs will continue to earn an annual allowance of $825 paid semi-annually .
Article 23,Insuranc e
Section A
The City will continue to contribute $443 bi-monthly for Battalion Chiefs' Cafeteria plan
benefits. This amount will remain unchanged for the term of the agreement .
Add Section G - Life Insuranc e
Fire Battalion Chief's shall have term life insurance coverage in the amount of Thirty-Fiv e
Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be paid by the employe e
through the City's Cafeteria Plan and Twenty-Five Thousand ($25,000) shall be paid by the City .
Article 24 Vacation Leave
Section 6 - Vacation Us e
This section does not apply for the Battalion Chief classification .
Sections 7 - 9 apply to only the Battalion Chief classification :
7 . Battalion Chiefs VACATION USE :
A . Coordination of the Battalion Chiefs first,second and third choice vacatio n
selection will be carried out by the Fire Chief.Battalion Chiefs will make thei r
written scheduled vacation requests during the November 1st to December 30t h
period and will coordinate the availability of one Battalion Chief betwee n
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themselves . Battalion Chief scheduled vacation selections will not be based o n
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 includ e
voluntary overtime . All unscheduled vacations must be approved by the Fir e
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 accrue d
above the twice annual rate maximum . In this case, the employee shall have th e
choice of using the vacation at another time or receiving payment for the change d
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 .
8.All employees on this unit are eligible, once annually in December, to request paymen t
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
the last pay period of the month . Requests for all sell-back need to meet payrol l
deadlines consistent with those deadlines of the last pay period of the calendar year .
9.Maximum accrual of vacation leave is two times the annual accrual . It is th e
responsibility of the Battalion Chiefs to manage vacation time below the maximu m
accrual limit through the use of scheduled vacation time or vacation sell back .
Vacation Leave amounts over the two time annual accrual limit at the last pay period o f
the calendar year will be forfeited .
Article 26
Holiday s
Section B
This Section does not apply for the Battalion Chiefs classification .
Section D applies to only the Battalion Chief classification :
Section D .
Battalion Chiefs shall earn 6 .07 hours of holiday leave semi-monthly, in lieu of fixed holidays .
Battalion Chiefs receive payment at straight time hourly rate for a portion of their earned holida y
leave (2 .83 hours) each bi-weekly payroll period . The remainder of the Battalion Chiefs annua l
holiday leave (72 hours) shall be advanced to the employee effective the first payroll period i n
January of each year . Such holiday leave may be taken off by the employee as provided in th e
departmental operations manual .
Each pay period, the Battalion Chief has the option of requesting payment of his/her advance d
holiday leave . The combination . of holiday leave taken off and payment of advanced holida y
time may not exceed 72 hours in a calendar year . Any holiday leave remaining as of the las t
payroll period in December of each year will be paid to the employee at the straight time rate .
If a Battalion Chief terminates for any reason, having taken off hours in excess of his/he r
prorated share, the value of the overage will be deducted from the employee's final paycheck.
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Article 28
Sick Leave
Items #2 and #3 do not apply for the Battalion Chief classification .
Items #4 and #5 only apply to the Battalion Chief classification :
4 .
Retirement and actual commencement of PERS benefits :
a.After twenty years of continuous employment - 20 %
b.After twenty-five years of continuous employment — 25 %
c.After 30 years of continuous employment - 30 %
5 .
Job-related disability retirement and actual commencement of PERS benefits 50% wit h
a maximum of 750 hours payoff (50% of 1,500 accrued hours .) Any balance of sic k
leave that remains after payoff will be forfeited . Sick leave cannot be used to postpon e
the effective date of an industrial disability retirement .
Article 33
Retiremen t
Section A - Item #I
Add to the end of paragraph "Battalion Chiefs are and will continue to pay the full membe r
contribution to PERS ."
Article 42
Staffin g
The current number of authorized positions will include 3 Battalion Chiefs and will delet e
reference to Fire Training Captain .
APPENDIX A
Classifications — The following classification will be added :
Battalion Chief
Code — 5010
Salary Range 50 5
ADDITIONS :
In addition to the modifications outlined above to the International Association of Firefighters ,
Local 3523 MOA, the following items apply only to the Battalion Chief classification :
Administrative Leav e
Battalion Chiefs shall be considered exempt and not eligible for overtime payment or any return -
to-work minimum payments, except as described below or specifically authorized by the Fir e
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 includ e
administrative meetings, etc . In general, Battalion Chiefs are expected to work the hour s
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 an d
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 activel y
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employed in an exempt position with the city during the full year such leave shall be prorated o r
if the yearly amount earned is changed during the year the amounts shall be prorated . Fo r
purposes of computing monthly amounts the rate of 6 .0 hours permonth 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 administrativ e
leave to be paid in cash at the last pay period provided that total taken and paid does not excee d
72 hours during the calendar year .
Shift Coverage
Shift Fire Battalion Chief absences will be covered by an off duty Fire Battalion Chief, throug h
the Call Back options listed below.
A Fire Battalion Chief working shift coverage in excess of 4 hours for another Fire Battalio n
Chief will receive a shift coverage stipend at the rate of 1 .275% of base pay for each hou r
worked.Fire Battalion Chiefs continue to be overtime exempt and will perform all othe r
additional work without additional compensation except as described above unde r
"Administrative Leave" above .
Call Bac k
Shift Coverage call back shall be as follows :
First Option Rank for ran k
Second Option - Certified actors . (Until such program is developed, all member s
currently authorized to act out of grade as Fire Battalion Chiefs shall b e
deemed as certified actors).
Third Option — The Fire Chief may temporarily act as Battalion Chief in situations tha t
would otherwise require mandatory overtime .
Fourth Option - Mandatory rank for rank.
The terms and conditions of this Letter of Agreement replace and supersede in its entirety th e
Memorandum of Understanding by and between the City of San Luis Obispo and the San Lui s
Obispo -Battalion Chiefs' Association, dated January 1, 2006 — December 31, 2010 and any an d
all Side Letters of Agreement executed by the parties after the expiration of the prior MOA .
CITY OF SAN LUIS OBISP O
Richard C . Bolanos, Chief Negotiator
SAN LUIS OBISPO INTERNATIONA L
ASSOCIATION OF FIREFIGHTERS ,
LOCAL 3523
Erik Baskin, President
Monica Irons, Human Resources Director Da e Podhorsky alion Chief Page
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Attachment 4
Page 1 of 1
AMENDMENT
To the January 1, 2012 – December 31, 2015 Memorandum of Agreement
Betwee n
the City of San Luis Obisp o
and
the International Association of Firefighters, Local 352 3
L
PURPOSE OF THIS AMENDMEN T
To clarify conflicting language regarding second tier final compensation calculation .
IL
ARTICLE 33, RETIREMENT -- Section B
For City employees hired on or after July 1, 2012, the City will provide the PER S
Safety 3% @ 55 retirement plan for safety members using the average of the thre e
highest years as final compensation . This second tier formula will include the
following amendments : Post Retirement Survivor Allowance, conversion of unused
sick leave to additional retirement credit, the 1959 Survivor's Benefit, Military Servic e
Credit, and Pre-Retirement Optional Settlement 2 Death Benefit . Non-safety
members will be subject to the same second tier PERS formula implemented with th e
San Luis Obispo City Employees Association (SLOCEA). New Employees hire d
under either second tier formula will pay the full member contribution required under
the plan, presently nine (9%) for the Safety plan and seven percent (7%) for th e
Miscellaneous plan .
All terms and conditions of the 2012-15 Memorandum of Agreement not specifically modified
herein shall remain in effect for the term of the agreement as specified above .
CITY OF SAN LUIS OBISPO
FIREFIGHTERS, LOCAL 352 3
Kat Lichtig
Erik Baski n
City Manager
President
Monica Irons
Director of Human Resources
5-3--1,2
Date
C9-16