CC Resolution 7979RESOLUTION N0. 7979
A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS
FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE
EMPLOYEE ORGANIZATION ENUMERATED BELOW
WHEREAS, the provisions of Title 4, Section 36506 of the Government Code of
the State of California provide that the salaries of employees of General Law
cities may be fixed or increased by resolution; and
WHEREAS, Title 2, Section 2.16.020 of the Campbell Municipal Code provides
that the City Council may, from time to time, by resolution change the
compensation of employees of said City, and may by resolution adopt salary and
wage scale; and
WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code
requires the City Manager to prepare and submit an annual salary plan to the
City Council for its approval; and
WHEREAS, a Memorandum of Understanding for salaries, benefits and working
conditions has been approved and executed by the authorized representatives of
the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939 and City Council
representatives; and
WHEREAS, as the City Council of the City of Campbell desires to ratify and
adopt the provisions included in the Memorandum of Understanding attached.
NOW, THEREFORE, BE IT RESOLVED that the City Council does approve and
ratify the Memorandum of Understanding attached hereto, and made a part hereof.
PASSED AND ADOPTED this 7th day of August, 1990, by the following roll call
vote:
AYES Councilmembers: Watson, Conant, Burr, Ashworth
NOES Councilmembers: None
ABSENT: Councilmembers: xotowski
APPROVED:
f ~~~ ..
~fn S. Ashworth, Mayor
ATTEST:
MEMORANDUM OF
UN
WAGE, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT
PARTIES TO UNDERSTANDING
This Memorandum of Understanding is between the authorized representatives
of the City Council of the City of Campbell, hereinafter-referred to as
"First Party," and the authorized representatives of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS LOCAL #1939, hereinafter referred to as
"Second Party."
STATE LAW COMPLIANCE
This Memorandum of Understanding complies with the provisions of the State
of California Public Employee Representation Law, as contained in Section
3500 of the Government Code of the State in that the employer-employee
representatives noted here did meet and confer in good faith and did reach
agreement on those matters within the scope of representation.
This Memorandum of Understanding also complies with Resolution 6647,
relating to employer-employee relations, as adopted and amended by the
City Council of the City of Campbell.
GENERAL CONDITIONS
A. Personnel Rules and Regulations
This Memorandum of Understanding does not modify or change the
provisions of the Personnel Rules and Regulations of the City unless
a specific reference is made herein to modify or add to the existing
Personnel Rules and Regulations.
B. Terms of Understanding
This Memorandum of Understanding embodies all modifications on
salaries, hours, employee benefits, and other terms and conditions of
employment, for a 36-month term beginning July 1, 1990, continuing
through June 30, 1993, at which time the Memorandum of Understanding
terminates.
C. Existing Benefits Continued
This Memorandum of Understanding does not modify existing salaries,
benefits, hours, or terms and conditions of employment contained in
the currently adopted Pay and Classification Plan, except as noted
herein. Such benefits and terms of employment remain unmodified and
shall continue in full force and effect throughout the term of this
Memorandum of Understanding.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Two
I
A. July 1990
Effective the first day of the first pay period of July 1990,
the salaries of all classifications represented by the Second
Party shall be increased five percent (5$).
B. January 1991
Effective January 7, 1991, the salaries of all classifications
represented by the Second Party shall be increased by four
percent (4~).
Effective the first pay period in October 1990, the following
special salary adjustments will be made:
Fire Captain 2~ Firefighter/Paramedic 2is
Effective the first pay period of October 1990,
Firefighter/Paramedics and Firefighters shall be of equal rank
in callback procedures.
C. July 1991
Effective the first pay period of July, 1991, salaries of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred .percent (1000 of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one year
period from May 1, 1990 through April 30, 1991, with a maximum
salary increase of seven percent (7~) and a minimum increase of
four percent (4~).
D. July 1992
Effective the first pay period of July, 1992, salaries of all
classifications represented by the Second Party shall be
increased by an amount equal to one hundred percent (1000 of
the increase in the San Francisco/Oakland/San Jose Urban Wage
Earner and Clerical Worker Consumer Price Index for the one year
period from May 1, 1991 through April 30, 1992, with a maximum
salary increase of seven and one-half percent (7.5~) and a
minimum increase of four and one-half percent (4.5~).
Represented Classifications
Fire Captain
Fire Engineer
Firefighter
Firefighter/Paramedic
Firefighter Trainee/Paramedic
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Three
II. OTHER PROVISIONS
A. Benefit Cost Increases
July 1990: The First Party will be responsible for any increase
to the PERS employer contribution rate. The First Party will
contribute $45.00 per month to cover the rate increases for
dental ($5.35 per month) and health insurance ($39.65 per
month). This additional contribution will increase the First
Party's contribution for health insurance from $318.38 per month
to $358.03 per month.
July 1991: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP, and LTD
insurance programs. The First Party will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $388.03 per
month.
July 1992: The First Party will be responsible for increases in
the PERS employer contribution rate, dental, life, EAP and LTD
insurance programs. The First Party will contribute $30.00 per
month to cover health insurance rate increases, bringing the
First Party's contribution for health insurance to $418.03 per
month.
B. Lifeguard Prescription Druc Coveraoe
The City will offer Lifeguard prescription drug coverage to be
funded by the employee through the health allocation. Should
this benefit not be accepted by all represented groups, the
coverage will not be made available; however, the health
allocation as proposed will reamain unchanged.
C. Tuition Reimbursement
The current $500 per fiscal year tuition reimbursement maximum
will be increased to $525 effective July 1990, to $550 effective
July 1991, and to $575 effective July 1992.
D. Vision Plan
A voluntary vision plan will be offered, to be purchased on an
individual basis and paid for by payroll deduction. Should
initial enrollment not meet the minimum requirement of 15
enrollees, the program will not be offered.
INTERNATIONAL ASSOCIATION OF FIj2EFIGHTERS LOCAL #1939
Page Four
E. Retiree Medical Program
Effective July 1990, the City will implement a City funded
retiree medical program with the following components;.
- 25 years of service with the City of Campbell required to
receive benefit
- Minimum retirement age of 50 and retired from City of Campbell
- Future retirees and prior retirees who meet specified criteria
will be eligible to receive benefits
- Payment for medical coverage for retiree only (not dependents)
on a reimbursement basis, to a maximum of $75 per month
- Employees who become Medicare eligible will no longer be
eligible for benefits
- Bills must be submitted to the City in January and July of
each year beginning January 1991 for reimbursement for the
prior 6 months cost
F. Uniform Allowance
Effective July 1990, uniform allowance for all personnel
represented by the Second Party will be increased to $550 per
year; to $575 in July 1991; to $600 in July 1992.
G. Recertification Pay
Effective July 1, 1990, upon successful completion of paramedic
recertification requirements, represented employees receiving
recertification will receive $400.
Upon successful completion of EMT-d accredidation, each
represented employee receiving accredidation will receive a
one-time payment of $50. Upon successful completion of EMT-d
recertification requirements, represented employees receiving
recertification will receive $150.
Defibrillators have been requested for funding in the proposed
1990/91 fiscal year budget. If funded during the term of this
agreement, all EMT-I certified employees will be required to
become EMT-I (D) certified within 1 year of receipt of this
equipment.
Section 17.13 of the Personnel Rules and Regulations will be
modified to reflect these changes. Other provisions of Section
17.13 will remain unmodified.
H. Residency Requirement
Effective July 1, 1990, Section 17.14 of the Personnel Rules and
Regulations will be modified to eliminate the current residency
requirement for employees hired after July 1, 1984. Other
provisions of this section will remain unchanged.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Five
I. Working In Higher Class Pay
Effective July 1, 1990, Section 17.5 of the Personnel Rules and
Regulations will be modified as follows: The City will-pay $24
per shift for a Firefighter acting as Engineer or Captain, a
Fire Engineer acting as Captain or a Firefighter/Paramedic
acting as Captain, or .a Captain acting as EMS Officer, Fire
Marshal or Battalion Chief for more than four (4) hours of a
shift. Other provisions of Section 17.5 will remain unchanged.
Effective July 1, 1991, the pay for these provisions will be
increased to $25 and effective July 1, 1992, the pay for these
provision will be increased to $26.
J. Medical Screening
The City will continue to provide pulmonary and audiology
screening on alternate years. In the event that a new procedure
appears more desireable during the term of this MOU, a meeting
will be held with representatives of IAFF, the City Manager's
Office and Department Administration, to determine which
procedure will be of most value within the annual budget
allocation.
Annual physicals will continue to be provided to employees over
40 years of age. Effective July 1990, this physical exam will
also be provided to employees at the age of 30 and 35.
K. Fire Prevention Officer
Effective with the next vacancy that occurs in a Captain's
position,. the Department will no longer assign a Captain to the
Fire Prevention Bureau on a rotating basis. At that time
Department Administration will determine the position's
classification; duties, responsibilities, status and job
specification.
L. Protective Clothing
During the 1990-91 fiscal year, the Department will replace
additional sets of protective clothing. Upon replacement, a
representative of IAFF will assist in determining which 5 sets
of surplus clothing are of most value to save for use by on duty
employees, bringing the total surplus set of protective clothing
to i5.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Six
M. Actino Battalion Chief
Purpose: To provide an alternative method, in addition to
.coverage by another Battalion Chief or other Chief Officer, by
which an absent Battalion Chief's position may be covered by a
Captain, certified to work higher classification. In accordance
with Section 17.5 of the Personnel Rules and Regulations, a
formalized training and certification program will be developed
for acting Battalion Chief.
In accordance with Section 17.5 of the Personnel Rules and
Regulations, a formalized training and certification program will be
developed for acting Battalion Chief. ,
Under supervision of the Fire Chief, the training officer will
develop and deliver a training course for captains who wish to be
involved in a certification process. To be certified, the employee
must demonstrate that he/she has reached an acceptable level of
knowledge and experience to function as an acting Battalion Chief.
Certification is subject to approval of the Fire Chief and is valid
for a period not to exceed three years at which time the employee
must be re-certified to continue acting as Battalion Chief.
The need for an acting Battalion Chief will be determined by the Fire
Chief or other Chief Officer of the department. Actual selection may
be delegated to the station 2 Captain if a call back is involved.
When coverage is needed for only one shift, the normal call back
procedure shall be adhered to, with the restriction that a member can
only be selected if he/she is on a certified list.
When a longer term selection is necessary due to a vacant management
position, the Fire Chief may appoint a captain for an extended period
to cover emergency response and program assignments. Appointments
will be voluntary, and will be made first from an eligibility list
among those candidates which have received certification, and
secondly by seniority in rank from the certification list.
Compensation will be in accordance with the City Rules and
Regulations Section 17.5.
Training and testing will be conducted every two years if a minimum
of two eligible personnel have expressed interest in participating.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Seven
N. RESERVE FIREFIGHTER PROGRAM
It is proposed that the Fire Department General Order Division,
article 16 to be revised as follows:
RF.CTT(1N T
POLICY
Item 4 - The residency requirement will be increased to a radius
of five miles.
SECTION II
PROCEDURE
Item S -Reserve firefighters may be periodically assigned to a
company officer for training purposes and to augment minimum staffing
during routine company operations. This assignment may be made for
the entire 24 hour shift from 0800 to 0800 hours on any given days.
Reserve firefighters who cannot report for a scheduled assignment
shall contact the Station 2 Captain prior to 0800 hours on the day of
the assignment to advise him of the reason for the absence. The
reserves may not be used to displace on duty personnel from their
normally assigned duties. Reserve firefighters shall be incorporated
into the daily activities of the company including the scheduled
training assignment.
The training officer may request that the company officer supervise a
special training assignment for the reserve firefighter if required.
Item 9 - Fire companies may be assigned to assist the on site
training officer in providing reserve firefighter training programs.
An on-site training officer will be in addition to minimum staffing.
This assignment may be made one night a week, (generally a week
night), between 6:00 and 10:00 p.m. From 1:00 to 5:00 p.m. those
companies identified for the drill shall be assigned only emergency
or urgent activities similar to the standby time normally associated
with company activities after 5:00 p.m. on non-drill days. The
assignment of engine companies shall be made by the Fire Chief or his
designee.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Eight
Item 11 - Reserves shall respond to their assigned station upon
notification of an emergency. They are to stand by for direction and
respond as necessary by the ranking regular member (non probationary)
of the department. This ranking regular member shall assume duties
as the company officer on a reserve engine and advise communications
when ready for a code three assignment.
In the event that no regular members are available the Duty Chief may
approve a reserve company to be placed into service to response to
the emergency incident. The code of response will be at the
discretion of the Duty Chief.
At the Emergency incident scene a combining of regular and reserve
personnel will occur so that the reserve company can be placed into
full service. When such a combination does occur the first company
released from the scene should generally be a regular (full-paid)
company. That company would initiate a telephone callback procedure
upon return to quarters if the reserve company is anticipated to
remain inservice for an extended period of time.
Reserve firefighters shall not be used to replace members of the
Second Party who are receiving compensation for special programs such
as mapping, run cards, and the babysitter training program. However,
reserve firefighters may be used for special events such as fire
prevention standbys, public relations activities, first aid booths
and routine errands.
III. MODIFICATIONS TO PERSONNEL RULES
The following sections of the Personnel Rules and Regulations will be
modified as follows:
1. Section 12.6 Pre-Disciplinary Hearing Procedures:
Second paragraph to be changed to read "For the purposes of
paragraph 12.6, "disciplinary action" shall be defined as salary
step reduction, suspension, demotion or dismissal."
Modifications to this section do not modify the employee's right
to appeal of disciplinary measures as provided in Section 20 of
the Personnel Rules and Regulations.
2. ADD Section 12.8 Just Cause For Discipline as follows:
"The following list of causes are provided as a guideline for
supervisors, department heads and employees as to what may
constitute the proper basis for disciplinary action. Just cause
for discipline may include but not be limited to the following:
A. Absence from duty without approval including: abandonment of
position; abuse of sick leave; neglect of duty; failure to keep
required work hours.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Nine
B. Failure. to adhere to or comply with approved operational or
safety guidelines including: unauthorized use of time,
equipment or material; unauthorized use of City property, funds,
records.
C. Being under the influence of any illegal drug, narcotic or
alcoholic beverage during working hours.
D. Acts which in the determination of the City Manager reflect
negatively on the operation of the City including: dishonesty;
insubordination; fraud, misrepresentation, false information in
securing appointment or promotion; any form of intentional
harassment.
E. Intentional abusive treatment of a citizen, supervisor, or
fellow employee.
F. Conviction of a serious criminal offense, which in the
determination of the City Manager reflects negatively on the
City."
3. Section 16.2 Vacation Accrual Rates
Effective the first pay period of July 1990, vacation accrual rates
will be modified as follows:
Miscellaneous and Safety Employees with a 40 Hour Week
Years of Service (uninterrupted)
Start of year 1 through completion of year 5
Start of year 6 through completion of year 10
Start of year 11 through completion of year 15
Start of year 16 and thereafter
Hours Accrued
Per Pav Period
3.38 (11 days)
4.92 (16 days)
5.85 (19 days)
6.46 (21 days)
Safety Personnel scheduled to work on 24 hour shifts:
Years of Service (uninterrupted)
Hours Accrued
Per Pay Period
Start of year 1 through completion of year 5 5.54 (6 shifts)
Start of year 6 through completion of year 10 8.31 (9 shifts)
Start of year 11 through completion of year 15 9.23 (10 shifts)
Start of year 16 and thereafter 11.08 (12 shifts)
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Ten
4
Section 16.4 Vacation Scheduling and Retention of Unused Vacation:
The times during a calendar year at which an employee may take
vacation shall be determined by the department head with due regard
for the wishes of the employee, and particular regard for the needs.
of the service. If the requirements of the service are such that an
employee cannot take part or all of this annual vacation in a
particular calendar year, such vacation either shall be taken during
the following calendar year, or paid for at the discretion of the
appointing power subject to the approval of additional funds by the
City Manager. In those years where it is impractical for classified
non-management personnel to schedule a vacation, vacation as of
December 31 each year may be retained as follows:
Accrual Rate - 40 hour
work week employees Number of Hours Retainable
3.38 hours 192 (24 days)
4.92 hours 232 (29 days)
5.85 hours 256 (32 days)
6.46 hours 280 (35 days)
Accrual Rate - 24 Hour
Shift Employees
5.54 hours
8.31 hours
9.23 hours
11.08 hours
Number of Hours Retainable
320
344
352
400
Payout of hours which exceed the number of hours retainable on
December 31 of each year, will not exceed the number of hours of
vacation time taken by the employee during the preceding 12
months. Hours in excess of the number of hours retainable which
are not eligible for payout may be carried over into the next
calendar year and must be scheduled for use by the employee
prior to March 31 of that calendar year. Excess vacation hours
which are not used by the employee during that three month
period will be scheduled as mandatory vacation time off at a
time to be determined by the department head.
IV.
This memorandum of Understanding will be made retroactive to the
first day of the pay period in which ratification by a majority vote
of. the employee organization is received.
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL #1939
Page Eleven
Y. RATIFICATION
This Memorandum of Understanding is subject to ratification by a
majority vote of the employee organization represented herein within.
ten (10) days of execution by the Second Party and by approval of a
majority of the City Council of Campbell within twenty (20) days of
the date of execution.
EXECUTED THIS 11TH DAY OF JULY, 1990 BY THE EMPLOYER-EMPLOYEE
REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW, FOR THEIR RESPECTIVE
ORGANIZATION.
CITY REPRESENTATIVES
C ~~
INTERNATIONAL ASSOCIATION OF
MEMORANDUM
To:
From:
ZAFF Negotiating Committee
City Negotiating Committee
Date
July 17, 1990
CITY OF CAMPBELL
Subject: Understanding on Certain Issues Not Covered in July 1990 MOU Between the
City and IAFF
1. Relief at afire: This issue will be referred to the Departmental
Health and Safety Committee. The conQnittee will prepare and submit
recott¢nended guidelines to the Fire Chief regarding this issue.
2. The City will provide $35 per year to the IAFF to assist with
provision of shift calendars. IAFF will continue to provide the
calendars to Reserve Firefighters and to Department Administration.
3. The City will provide 45 copies of the MOU.
4. Abuse of sick leave, as listed in the "just cause" guidelines, Section
12.8 of the Personnel Rules and Regulations shall be determined on a
case by case basis. Any mention of more than normal use of sick leave
on an employee's evaluation shall not be in itself considered abuse of
sick leave.
CITY REPRESENTATIVES
Vim.
!a
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS LOCAL #939