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HomeMy WebLinkAbout12/03/2002, C8 - MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION council da., j aGEnaa nEpoin CITY OF SAN LUIS OBISPO FROM: Ann Slate, Director of Human Resources Prepared By: Karen Jenny, Risk Manager SUBJECT: MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION CAO RECOMMENDATION Adopt a resolution approving the Memorandum of Agreement between the City and the San Luis Obispo Fire Battalion Chiefs' Association for the period of July 1, 2002 through June 30, 2004. DISCUSSION The Memorandum of Agreement (MOA) between the City of San Luis Obispo and the San Luis Obispo Fire Battalion Chiefs' Association (BC's) expired on July 1, 2002, after a term of two years. In closed session on May 7, the City Council authorized staff to begin negotiations with the BC's to develop a successor agreement. The City's bargaining team of Karen Jenny and Wendy George met with the BC's on May 3,June 7 and 22, July 26, September 12 and 25, and November 19. At each meeting the City's negotiating team found the BC's ready and willing to meet in a collaborative and problem-solving manner. A tentative agreement has been reached, which has been ratified by the Association membership. The two-year agreement is consistent with previous Council instructions and similar public safety MOA's. The agreement includes: Salary Increases: Year 1 3% effective 7/02 2% 1/03 Year 2 3% 7/03 2% 1/04 Medical Insurance:. Effective November 2002, the contribution to the City's cafeteria plan for health insurance premiums will increase from $420 per month to$490 per month. This is the same as what the Fire Union is currently receiving. The agreement includes a re-opener to discuss changes to the City's contribution when negotiations with the Fire Union regarding the City's 2003 contribution are concluded. Council Agenda Report—San Luis Obispo Fire Battalion Chiefs'Association Page 2 Memorandum of Agreement Uniform Allowance: The annual uniform allowance will be increased from$775 to$800 effective 1/03. Sick leave payouts at retirement: 20% after 20 years of service with City of San Luis Obispo 25% after 25 years of service with City of San Luis Obispo 30% after 30 years of service with City of San Luis Obispo Elimination of the current benefit of 10% payout after ten years of service and reduction of the payout upon job related disability retirement from 75% to 50%. Reopener: The City and the Association agree to reopen negotiations during the term of the contract to discuss post-retirement health contributions on a cost-neutral basis to the City in the context of potential City- wide programs/impacts. FISCAL IWACT Total compensation for the BC's is currently $346,600 per year. The package as described above costs approximately $16,800 in year one and $21,000 in year two, for a two-year total of$37,800. Funding required to support FY 2002-2003 is available in the existing fund balance. The second year costs will be included in the two-year financial plan for 2003-05. ALTERNATIVES Because the MOA complies with previous Council direction, is similar to contracts recently approved for other units (including the Fire Union), and demonstrates the City's and BC's willingness and ability to craft a mutually satisfactory agreement in a timely and collaborative manner, no alternatives are presented for Council consideration. ATTACHMENTS Resolution A copy of Exhibit 1, the MOA, is in the Council Reading File. G:\agenda reports\BC2002.doc Ma ATTACHMENT 1 RESOLUTION NO. (2002 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 JULY 19 2002—JUNE 309 2004 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"1" 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 fumish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Warren Stephenson, San Luis Obispo Fire Battalion Chief Officers' Association President and Ann Slate, Director of Human Resources. Upon motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 3rd day of December, 2002. Mayor David F. Romero ATTEST: Lee Price, City Clerk c�-3 i Resolution No. (2002 Series) Page 2 APP D AS TO FORM: d effrey G. Jor nsen, City Attorney cg-'� f MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO FIRE BATTALION CHIEFS'ASSOCIATION JULY 1, 2002 -JUNE 30, 2004 ��IIiII�nIMIBlllil�i 'Ilili�ll�'il�l' I►►�IIINIIhd n�� city O� r j' San luis OBISPO TABLE OF CONTENTS ARTICLE NO. TITLE PAGE N0. 1 PARTIES TO AGREEMENT..................................................1 2 RECOGNITION.....................................................................2 3 EMPLOYEE RIGHTS ............................................................3 4 MANAGEMENT RIGHTS ......................................................4 5 REPRESENTATIVE ROLE....................................................5 6 RENEGOTIATIONS...............................................................6 7 COMMUNICATION............................:...................................7 8 SALARY................................................................................8 9 SALARY SURVEY AGENCIES ...........................................10 10 PAYDAY..............................................................................11 11 GENERAL PROVISIONS ....................................................12 12 HEALTH CARE INSURANCE..............................................13 13 RETIREMENT.....................................................................17 14 UNIFORM ALLOWANCE ....................................................18 15 HOLIDAYS..........................................................................19 16 VACATION LEAVE..............................................................21 17 ADMINISTRATIVE LEAVE..................................................24 18 SICK LEAVE .......................................................................26 19 FAMILY LEAVE...................................................................27 20 BEREAVEMENT LEAVE.....................................................29 21 HOURS ...............................................................................30 22 HEALTH/FITNESS ..............................................................31 ARTICLE NO. TITLE PAGE NO.. 23 GRIEVANCE PROCEDURE................................................32 24 RESOLUTION OF IMPASSES ............................................34 25 DISCIPLINARY ACTIONS...................................................35 26 FULL AGREEMENT.,..........................................................36 27 SAVINGS CLAUSE.............................................................37 28 AUTHORIZED AGENTS......................................................38 29 TERM OF AGREEMENT.....................................................39 APPENDIX "A" -Classification ............................................40 APPENDIX "B "-Work Schedule Illustration ........................41 APPENDIX "C" Employee Responsibilities and Benefits.........................42 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this third day of December 2002, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Fre Battalion Chiefs' Association, hereinafter referred to as Association. 1 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. 2 1/ ARTICLE 3 EMPLOYEE RIGHTS 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. 3 j ARTICLE 4 MANAGEMENT RIGHTS 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. 4 i 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. 5 1 I 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 April and 1 May. If notice is properly and timely given, negotiations shall commence no later than 15 May. 6 i 7 it 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. 7 i 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 8 I 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. Effective the first day of the first full pay period of July, 2002, salaries shall be increased by three (3) percent. 6. Effective the first day of the first full pay period of January, 2003, salaries shall be increased by two (2) percent. 7. Effective the first day of the first full pay period of July, 2003, salaries shall be increased by three (3) percent. 8. Effective the first day of the first full pay period of January, 2004, salaries shall be increased by two (2) percent. 9 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. 10 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. 11 I i ARTICLE 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 INCENTIVE PAY - 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. 12 ARTICLE 12 HEALTH CARE INSURANCE A. CONTRIBUTION Effective in November 2002, the City agrees to contribute $490.00 per month for medical, dental, vision and life insurance for each regular, full-time employee covered by this Agreement. The City and the Association agree to meet and confer on the adjustment to the City's contribution to the cafeteria plan in 2003, following the conclusion of negotiations with the Fre Union on this same topic. B. INSURANCE COVERAGE 1. PERS Health Benefit Prooram The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently$16.00 per month for active employees and $1.00 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 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 13 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 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/Deaendent Coveraoe 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. 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 14 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 completion of meet and confer requirements between the City and Association. C. 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 15 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). G. The City and the Association agree to meet and confer during the term of the contract to discuss post-retirement health contributions on a cost-neutral basis to the City in the context of potential City-wide programs/impacts. 16 ARTICLE 13 RETIREMENT The City agrees to provided PERS 3%at 55 for sworn personnel with four amendments, namely, Post Retirement Survivor Allowance, conversion of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit (Third Level), one-year final compensation, and military service credit. All employees hired as sworn officers on or after July 1, 1986, shall have their final compensation for retirement purposes figured on their highest three (3) years. 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. Effective December 31, 2005, the City will implement the 3% at 50 retirement formula for sworn employees. Plan options will remain unchanged except that the one year final compensation amendment will apply to all sworn employees. 17 i ARTICLE 14 UNIFORM ALLOWANCE A. Each sworn employee shall be required to wear an approved uniform to promote the departments public image, except for the positions designated by the Fire Chief as only requiring occasional uniform usage. Effective January 2003, 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 Chief's office, in each fire station, and in the Personnel Director's office. D. Employees will be responsible to purchase and maintain health/fitness clothes, including appropriate athletic footwear as required by the Fre Chief. 18 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 19 leave may be taken off by the employee as provided in the departmental operations manual. For calendar year 2002 only, employees shall receive 36 hours of holiday leave credited the first payroll period in July. This partial crediting is to allow the transition for a fiscal year to a calendar year holiday system 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. 20 ARTICLE 16 VACATION LEAVE 1. 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 21 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 or 360 hour 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. All 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 22 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. 23 i ARTICLE 17 ADMINISTRATIVE LEAVE All members of the unit shall be considered exempt and not eligible for overtime payment or any retum-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. 24 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. 25 r- 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 PERS 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 PERS 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. 2. The City and the Association agree to meet and confer during the term of this agreement on the subject of sick leave incentive programs. 26 ARTICLE 19 FAMILY LEAVE 1. 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, 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, 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, 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, may be 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 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 family leave purposes or personnel illness will be subtracted from the 12 weeks allowed 27 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". 28 ARTICLE 20 BEREAVEMENT LEAVE 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,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. 29 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.) 30 ARTICLE 22 HEALTH/FITNESS 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. 31 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 32 seven (7) business days of receiving the department head's decision. The 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 for a 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. 33 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. 34 i ARTICLE 25 DISCIPLINARY ACTIONS 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. 35 ARTICLE 26 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the.Association. This Agreement supersedes all 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 parry desire to modify its terms or to meet and confer with respect to matters within the scope of representation, such parry 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 parry 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. 36 i 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) daywork 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. 37 l 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. 38 l ARTICLE 29 TERM OF AGREEMENT This Agreement shall become effective upon adoption of 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 June 30, 2004. 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 on December 3, 2002, by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO FIRE BATTALION CHIEFS' ASSOCIATION Karen Jenny, Risk Manager Warren Stephenson Fire Battalion Chief Wendy George, Assistant C.A.O. Tom Zeulner Fire Battalion Chief Bob Rutledge Fire Battalion Chief 39 APPENDIX A CLASSIFICATION CLASSIFICATION CODE SALARY RANGE Fire Battalion Chief 5010 505 40 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 41 l APPENDIX 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. Tick 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, 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. 42 2. Sick leave may be used after the completion of the month of service in which it was earned. 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 43 physically incapable of meeting normal requirements of their positions may 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. 44 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) 45