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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