HomeMy WebLinkAbout09. Firemen's Assn MOUAGENDA MEMO
TO: Mayor and Members of the City Council
FROM: Office of the City Manager
By: Irma Youssefieh, Human Resources Director
SUBJECT: ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S
ASSOCIATION
RECOMMENDATION
Staff requests the City Council adopt the attached resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY FIREMEN'S ASSOCIATION (July 1, 2010 — December 31, 2012)
DISCUSSION:
Staff has reached agreement with the Downey Firemen's Association. This Association
represents the classifications of Fire Captain, Firefighter, and Fire Engineer totaling 62
employees. The term of Agreement is from July 1, 2010 to December 31, 2012. There
are no salary increases or benefit enhancements, except for an 18 -month trial period on
a new work schedule that will take effect on or about June 29, 2011. In addition, the
Memorandum of Understanding (MOU) contains the following negotiated provisions:
1. The 3% @ 55 second tier retirement formula for newly hired employees with the
employee paying the full nine percent (9 %) member contribution.
2. An increase in the Kaiser HMO Medical Plan co -pay from $5 to $10.
3. Effective June 13, 2011, limiting medical insurance coverage for newly hired
employees limited to the Kaiser Medical HMO Plan only.
Item #1 and #2 shall take effect as soon as practicable once the City has reached
agreement with all affected bargaining units to implement these benefit changes.
Other non - substantive changes have been made in the MOU to update or clarify
contract provision(s) with current personnel practices. The attached MOU reflects all
revised contract language. This MOU will be placed in final form soon after Council
adoption.
The 30 -month contract has been ratified by the Association membership. The new
MOU was negotiated with mutual intent to avoid increased personnel costs and to
maintain current pay and benefits for existing employees during a period of an uncertain
economy.
CITY OF DOWNEY, CALIFORNIA
DATE: June 13, 2011
The new MOU is a product of a labor negotiation process involving the Downey
Firemen's Association and representatives of City management. This process was
completed in accordance with State law and the City's Personnel Rules and
Regulations.
FISCAL IMPACT: The City will obtain significant employee cost savings in future years
from implementation of the second tier retirement formula and requirement for new
employees to pay the full 9% member contribution.
S: /Agenda Memos. CC.2010 - 11/06- 13- 11 /DFA.MOU.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY FIREMEN'S ASSOCIATION (July 1, 2010 - December 31,
2012).
WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers -
Milias -Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
ATTEST:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Downey and the
Downey Firemen's Association, attached hereto, is hereby approved in substantially the form
thereof together with any additions thereto or changes therein deemed necessary or advisable
by the City Manager.
SECTION 2. The Human Resources Director is authorized to sign the Memorandum of
Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 13 day of June, 2011.
JOYCE E. DOYLE, Interim City Clerk
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
LUIS H. MARQUEZ, Mayor
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting held on the 13 day of June, 2011 by the following vote,
to wit:
JOYCE E. DOYLE, Interim City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY FIREMEN'S ASSOCIATION
LIAFF Local 3473)
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance No. 394 and the
Supplemental Employee Relations Rules and Regulations of the City of Downey, the City of
Downey (hereinafter called the "City ") has recognized the Downey Firemen's Association /IAFF
Local 3473 (hereinafter called the '® Association ") as majority representative of sworn fire
department personnel including Firefighter classification, Fire Engineer classification and Fire
Captain, and excluding all management employees of the Fire Department. The City has
recognized the association for the purpose of meeting its obligations under the Meyers- Milias-
Brown Act, Government Code Section 3500 et seq, and the Employee Relations Ordinance of
the City when City rules, regulations or laws affecting wages, hours or other terms and
conditions of employment are amended or changed.
ARTICLE II
NON - DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and /or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employee Relations
Resolution and Government Code Sections 3500 and 3511.
Section 2. The Association and the City agree that they shall not discriminate against
any employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations. The City and the association shall reopen any provision of this Agreement for the
purpose of complying with any final order of a federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreement in
compliance with state or federal anti - discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and ,Association agree to comply with applicable federal and state
laws and regulations regarding the employment of the handicapped.
1
Deleted: Union
Deleted: Union
r
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increase
A. „ There are no salary increases scheduled for represented classes during
the term of this Memorandum of Understanding,
Section 2. Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly salary
schedules. Each of such schedules is designated by a schedule number. Each step shall be a
five and one -half percent (5.5 %1 increment. Each schedule consists of five (5) steps of monthly
compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
monthly rate shall be computed by multiplying fixty -six (561 hours per week by fifty -two (521
weeks in a_rear which results in an annual figure of two thousand_nine hundred twelvel,9121
hours. The monthly rate shall be multiplied by twelve (121 and divided by two thousand nine
hundred twelve 2,9121 to arrive at an hourly rate. For purposes of calculating the hourly rate
for personnel assigned to a forty (40) hour work week, the hourly rate shall be computed by
multiplying forty (401 hours per week by fift -two 52 weeks in a ear which results in an annual
figure of two thousand ei.ht 2 080) hours. The monthly rate shall be multiplied by twelve (121
and divided by two thousand ei. ht 2,0801 to arrive at an hourly rate.
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increase.
1. Salary step increases shall be considered on a merit basis only, and then only at
the following times, and in accordance with subsection B below.
2. All full time appointments, temporary and permanent, shall be made at the first
step of the salary schedule assigned that class, unless prior written approval of the City
Manager is obtained for appointments at a higher step in the assigned schedule. In the event of
a promotion where the starting salary schedule is below that of the employee's present salary
classification, the employee shall receive a minimum of five and one -half percent (5.5 %1 salary
increase or to the next full salary step.
3. No salary advancements shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position is allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but shall be based upon merit, dependent
upon increased service value of an employee to the City as exemplified by recommendations of
his supervisor, length of service, performance record, special training undertaken, and other
objective evidence.
Deleted: /Adjustments /Retroactive
Pay
Deleted: All employees covered by
this Memorandum of Understanding
shall receive the following salary
increases:
Deleted: ¶
¶
. 1.. Effective June 19, 2006 - five
per cent (5 %). Only employees
who are on payroll the date of the
adoption of the agreement or
retired after July 1, 2006 shall be
eligible for the retroactive
adjustment.¶
¶
2.. Effective July Z 2007 - four per
cent (4 %).11
¶
3.. Effective June 30, 2008- four
per cent (4 %)11
¶
4. Effective June 29, 2009 - four
and one half percent (4.5 %)
Deleted: .::..
2. Only employees rated as meeting the standards of fully effective work
performance shall be qualified to advance to the salary steps B, C, D and E.
C. Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating, no sooner
than three (3) weeks before, no later than five (5) working days before the date of eligibility for each
salary step, merit longevity or hourly increase, and annually thereafter, and upon a change of
employment status. Nothing in this section shall prohibit the department head, or an authorized
supervisor, from giving an additional objective rating to an employee between those periods of time
described in this section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the employee's work.
An employee shall be rated by his immediate supervisor, and that rating shall be reviewed by the
division head as well as the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance
falls below the level for which a step increase was granted, an employee's authorized pay may be
reduced to the employee's previous step rate under written procedures established by the City for
demotions and reductions in pay. This section shall not apply to employees on disability leave, sick
leave or any other approved leave of absence.
Section 5. Merit Longevity.
A. Eligibility for Merit Longevity. Upon approval of the City Manager, permanent employees
who have completed ten (10) continuous years of service; and upon receipt of a "meets standards"
merit evaluation, shall be paid in addition to their respective regular prescribed salary one step
above their monthly base rate; and after twenty (20) years shall be paid one and one -half step above
their monthly base rate. For employees who qualify for merit longevity after twentyj20) years of
continuous service, computations will be made in the following manner. Any longevity payment
presently being paid will be subtracted from the employee's present rate of compensation and the
new longevity rate shall be applied.
B. Qualification for Merit Longevity. Merit longevity is to be provided as continuing
incentive to career employees. Such payment shall continue with approval of the City Manager,
only during such period as an eligible employee continues to meet standards, evidenced by
performance ratings regularly submitted by the Fire Chief to the City Manager; and may be
terminated at any time by the City Manager when the quality of service, as evidenced by the
performance rating such employee receives, does not merit such additional compensation.
Section 6. Uniform Allowance
A. Two sets of station uniforms (pants, shirt) will be issued to all sworn personnel as
safety equipment each year. Other uniform items may be replaced due to damage at the
discretion of the Battalion Chief.
B. Sworn fire personnel will receive one_ hundred_ and_ seventy- five_ dollars _($175.00)
,yearly for the purchase of uniform accessories, physical fitness attire, and night wear clothing,
as defined by the General Order covering uniforms. The Fire Chief will establish a list of
accepted uniforms for all activities.
3
Deleted: yearly for
C. All sworn fire personnel shall receive fifteen dollars ($15.00) per month for uniform
and accessory maintenance, as defined by the Fire Chief.
D. Sworn fire personnel assigned to the Fire Prevention Bureau shall be paid two
hund red ..... dollars ($200.00) each year for uniform purchases and twenty .... dollars ..... ($20.00) per
month for uniform and accessory maintenance, in lieu of B & C above.
E. Scheduled uniform purchases and maintenance checks will be issued in December of
each year.
F. Upon promotion to the rank of Fire Captain, the City will provide one (1) full dress
uniform.
Section 7. Fire Station Linens, Each member shall provide their own sheets, pillowcases Formatted: Font: Bold
and bath towels for their personal use at the City's Fire Stations. The City will continue to provide
each Fire Station with dish towels. Linens and towels shall be maintained in a clean and sanitary
condition.
Section 8. Out - of - Rank Pay Any employee covered by this Agreement, who is assigned
out of classification to responsibilities and duties of a position or rank above that which he normally
holds for a minimum of twelve (12) hours, shall be paid at the next full step above the employee's
normal rate; and at no time less than bottom step of the position or rank for which he is acting.
Section 9. Bonus Pay for Sworn Fire Employees.
A. Paramedic Program
1. Paramedic Bonus. Effective February 17, 2003, an employee assigned as a
paramedic shall receive seventeen percent (17 %) as additional compensation upon paramedic
certification. In order to receive this bonus the employee must sign a two -year contract that requires
the employee to reimburse the City for tuition and mileage costs for paramedic training the
employee should leave the program for other than promotion or disability.
2. Paramedic Phase Out Procedure. The following procedure provides an
opportunity for individuals to be "phased out" of the Paramedic assignment without experiencing
sudden financial hardship. The "Phase Out" procedure may be entered into voluntarily at the
request of an individual with at least eight (8) years of service as a Paramedic with the Downey
Fire Department; or an individual with at least eight (8) years of service in a Paramedic
assignment may be placed into the following "Phase Out" procedure by assignment of the Fire
Chief:
a. After receipt of a request from the concerned employee, or after providing the
concerned employee with sixt r (60) days prior notice, the Fire Chief may place an employee
with a Paramedic assignment in the "Phase Out" procedure.
b. The Fire Chief shall provide the employee with a definite target date for
removal of the Paramedic assignment not to exceed one (1) year from the date of notice.
c. Upon removal of the Paramedic assignment, the Paramedic Bonus shall be
continued for a period not to exceed three (3) years; however, such Paramedic Bonus pay shall
be removed on an incremental basis as follows:
Formatted: Font: Bold
Deleted: ,
1) The amount of the concerned employee's Paramedic Bonus pay shall be
reduced by an amount equal to any salary increase that may be granted to such employee until
such time that the salary increase(s) has /have eliminated or replaced the Paramedic Bonus
Pay.
2) In no case, however, shall Paramedic Bonus pay be continued beyond a
period of three (3) years following removal of the paramedic assignment.
Nothing in this "Phase Out" procedure prevents or prohibits an employee from
withdrawing from a Paramedic assignment prior to the eight (8) year interval with immediate
loss of Paramedic Bonus pay. Nor does this procedure prevent or prohibit the removal of an
employee from a Paramedic assignment with immediate loss of Paramedic Bonus Pay by the
Fire Chief for disciplinary purposes (for cause) or reduction of paramedic manning levels.
B. Fire Prevention Bureau Assignment. Firefighters and Fire Engineers who are
assigned to the Fire Prevention ® Bureau shall receive an additional eleven .ercent 11 %) of
salary above their regular rate of pay for as long as they are so assigned.
Firefighters /Paramedics who are assigned to the Fire Prevention Bureau shall receive either an
additional eleven percent (11 %) or their existing Paramedic Bonus, whichever is greater, as
long as they are so assigned_
C. Fire Prevention and Hazardous Material Specialist Assignment. Firefighters and Fire
1 Engineers who are assigned to the Fire Prevention ® Bureau and are designated the Hazardous
Materials Specialist shall receive compensation equivalent to Fire Captain at the same step they
occupy. The Fire Chief has the sole discretion of assignment and nothing in this provision shall
require him to fill such assignment.
D. Shift Training Officer. The Fire Chief shall have the authority and discretion to
designate and /or remove any Fire Captain as a Shift Training Officer. Up to three (3) Fire
Captains may be designated as a Shift Training Officer. In no event shall Shift Training Officers
work the same shift. The Fire Chief will also have the authority to establish job requirements
and duties for the assignment of Shift Training Officer. Fire Captains designated and assigned
as Shift Training Officers shall receive five and ... one-half percent %) ® as additional
compensation above their regular ® rate of pay while being assigned as Shift Training Officers.
Removal from the assignment of Shift Training Officer shall not be considered disciplinary
action.
E. ,EMS Coordinator. The Fire Chief shall have the authority and discretion to designate
and /or remove any Fire Captain as„ an EMS Coordinator. Only one (1) Fire Captain may be so
designated. The Chief will also have the authority to establish job requirements and duties for
the assignment of ® EMS Coordinator. A Fire Captain designated and assigned as the ® EMS
Coordinator shall receive five and one -half (5.5 %) ® as additional compensation above their
regular ® rate of pay while being assigned as the , EMS Coordinator. Removal from the
assignment of ® EMS Coordinator shall not be considered disciplinary action.
F. Deputy Fire Marshal /Hazardous Materials Supervisor. The Fire Chief shall have the
authority and discretion to designate and /or remove any employee of the Fire Prevention
Bureau as the Hazardous Materials Supervisor. Only one employee may be so designated.
The Chief will also have the authority to establish the job requirements and duties for the
assignment of Hazardous Materials Supervisor. An employee designated and assigned as the
Hazardous Materials Supervisor shall receive five and one -half percent (5.5 %) , as additional
Formatted: Indent: First line: 0"
Deleted: and /or Criminal
Investigation
Deleted: and /or Criminal
Investigation
Deleted: and /or Criminal
Investigation
Deleted: and /or Criminal
Investigation
Deleted: per month
Deleted: scheduled
Deleted: Paramedic
Deleted: a Paramedic
Deleted: Paramedic
Deleted: Paramedic
Deleted: per month
I Deleted: scheduled
Deleted: Paramedic
Deleted: Paramedic 1
- -i Deleted: per month
Formatted
... [6]
1 compensation above their regular rate of pay while being assigned as the Hazardous Materials Deleted: G Fire Mechanic.
Supervisor. Removal from the assignment of Hazardous Materials Supervisor shall not be Deleted: H
considered disciplinary action.
G. E• ui •ment Coordinator. The Fire Chief shall have the authority and discretion to
esignate and /or remove any employee covered by this agreement as the Equipment
oordinator. Only one employee may be so designated. The Chief will also have the
uthority to establish job requirements and duties for the assignment of Equipment
oordinator. The employee designated and assigned the Equipment ® Coordinator shall
r-ceive five and one -half •ercent (5.5%), as additional compensation above their regular,
rate of pay while being assigned as the Equipment , Coordinator. Removal from the
ssignment of Equipment ® Coordinator shall not be considered disciplinary action.
Section 10. Technical Development Incentive Pay. To acknowledge and recognize
the individual efforts of employees as they seek to improve their performance, these incentives
are available to those employees, covered by this agreement, who have successfully passed
their probationary period and meet the following criteria:
A. Technical Development Pay Level One Effective July 2, 2007, ..an employee
covered by this Agreement who 1) has an � ssociate's of Art de ree from an accredited college
or university with course work related to the fire service ® OR 2) has completed the California
State Fire Officer Certification curriculum and received the certificate ,AND has completed
fifteen (15) units of fire technology, fire science, fire administration, or fire engineering courses
as defined in the course catalogue of an accredited college or university, shall receive four
ercent 4% as additional compensation above their regular rate of .a
B. Technical Development Pay Level Two.. Effective Jul 2 2007 employee
covered by this Agreement who 1) has a Bachelor's degree from an accredited college or
university with course work relative to the fire service 2) completed the requirements of Pay
Level One SAND completed fifteen L15,), units of fire technology, fire science, fire administration,
or fire engineering courses as defined in the course catalogue of an accredited college or
university AN D, completed the California State Chief Officer Certification curriculum, shall
receive seven and one -half .ercent 7.5% additional compensation above their regular rate of
a.
C. Additional Requirements and /or Substitutions
fire technology course in Pay Level One and Two.
2. Fire Officer and Chief Officer courses may not be used for units in Pay Levels One
and Two.
3. An employee must complete one college or certificate course each year to remain
eligible for this Pay (One or Two). It is the responsibility of the employee to keep
up with this requirement.
Deleted: scheduled
Deleted: Supervisor
Deleted: Supervisor
Deleted: Supervisor
Deleted: Supervisor
Deleted: per month
Deleted:
Deleted: scheduled
Deleted: Supervisor
Deleted: Supervisor
Deleted: A
Deleted: a
Deleted: Associates Art Degree
Deleted: a salary additive of 2( [4]
r ..
Formatted [5]
Formatted
Formatted
Formatted ,,, [8]
Formatted [9]
Formatted
Deleted: A
r
Formatted
Formatted
Deleted: a
Formatted 1... [13]
I Deleted: Baccalaureate Degree
Formatted [ 14] :.
Formatted
Formatted
Formatted
EMI
... [15]
Formatted
Formatted
Formatted [ 18]
1. General education units may be substituted two for one for the equivalent of one I Formatted 1 ... [19]
Formatted ... [20]
Deleted: a salary additive of
Formatted
Formatted
...[23]J
[24]
... [25]
Formatted [26]
Formatted ,,, [27]
4. Twenty (20) years of service to the City may be substituted for four 4 technolo
courses.
5. Employees are eligible to receive Level One or Two, but not simultaneously.
Section 11. Bilingual Pay. Effective June 26, 2000, employees required to
speak or translate Spanish, or other language designated by the City Manager, as part
of their regular duties will be compensated forty -six dollars and fifteen cents ($46.151
per bi- weekly pay period in addition to their regular salary. The Fire Chief has the
authority and discretion to assign and /or remove this bonus up to budget authority. To
be eligible for this assignment, the employee must pass a conversational examination
administered by a court certified interpreter, or an employee who has been certified by
the Fire Chief to administer such examination. Employee must recertify at least every
eighteen (18) months to maintain the eligibility.
Section,12. EMT Certificate Pay. Effective June 21 2004 -mployees covered
by this Agreement shall receive additional compensation at five •ercent 5% above
their regular rate of •a for a valid EMTpertificate. ® In order to be eligible for this pay,
employees must maintain their certificate as required. Employees shall notify their
supervisor should their certificate lapse, become suspended, revoked, or restricted for
any reason.
a•ree to be•in an el.hteen 18 month trial • eriod for fire su••ression ersonnel to
Deleted: a
... [29]
ARTICLE IV
WORK SCHEDULE
Section 1. Hours of Work — Suppression Personnel. Suppression personnel covered
by_ this Memorandum_of Understanding__shall work an average offifty_- six__(56_) hours__per work
week under a three platoon twenty -four (24) hour shift basis. Meal periods will be considered
time worked as provided by the Federal Labor Standards Act (FLSA
. "48/96 Schedule" — Effective on or about June 29 2011 the Cit and the Association®
work the schedule known as the "48/96 Schedule." The "48/96 Schedule" is
re resented b two 2 twent -four 24 hour consecutive da s of scheduled work
followed b ninet -six 96 hours of consecutive off dut in a twent -four 24 da
FLSA work period. This established twenty -four (24) day work period is subject to
the •artial overtime •a exem•tion set forth in Section 7 k of the FLSA.
Components o f this work schedule duri ng theeighteen(18)month trialperiodareas
follows:
i. ......_ There .... change .. _ to ... _ overtime .... pay .... practices .. _ as .. _ described ..... n Article VI of®
this Memorandum of Understanding.
Deleted: technology
I Deleted: Section 11.. Class B
'1 Allowance. Effective January 1,
1998, covered employees who hold a
Class B or Class A Driver's License,
issued by the California Department
of Motor Vehicles and who have
successfully completed their
probationary period thereafter shall
prospectively receive a monthly
allowance of $75.00. In order to be
eligible for this allowance, employees
must maintain any license
requirements and show their driver's
license during their evaluation review.
Employees shall notify their
supervisor should their Class B or
Class A license lapse, become
suspended, revoked, or restricted and
impacted job duties for any reason.
Effective June 23, 2003, Class B
Allowance will be discontinued in lieu
of an increase in EMT Certificate pay.¶
Deleted: 12
Formatted: Not Highlight
r
Deleted: 13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :
Deleted: E
Deleted: the following rate upon
attainment of an
Deleted: C
Deleted: Effective June 24, 2002,
EMT certificate pay shall be two per
cent (2 %). Effective June 23, 2003,
an additional 2% shall be paid (for a
total of 4 %). Effective June 21, 2004,
an additional 1% shall be paid (for a
total of 5 %).
Formatted: Font: Bold
Deleted: WORKWEEK
Deleted: Section 1.. The regular
work week for suppression personnel
covered by this Agreement shall be
an average of fifty -six (56) hours per
week under a three (3) platoon 24-
hour shift schedule as now exists.
Fire Prevention Bureau and
administrative personnel shall work a
forty (40) hour work week. T
Deleted: ¶
... [ 28 ]
Deleted: Section 2.. The Chief will
establish an experimental shift known
as the "9/80" or the 4/10" for t
Formatted: Centered
Formatted: Left
Formatted ... [30]
Formatted [31]
ii. From the start date of the trial .eriod a Committee consistin of desi.nated •
Association and fire at the end of six (6),
twelve (12 and (18) month marks to assess the impact to .
department logisti cs, traini ng, employee performance, emp l oyee
safety, employee morale, employee retention /recruitment overtime, .
em lo ee fati ue and sick leave usa e
eriod ma
b either
art
be terminated b
ei.hteen 18 months if either
art .rovides the other .art with such
•
5:00 ..m. on December 27 2012.
If notice is
to terminate the work schedule then the
•
Schedule" shall become the resular work schedule for fire su..ression
ersonnel. In the event the trial .eriod is terminated the fift -six 56
iii. The trial
written notice b
time
"Kelly Schedule" described in subsection (b) below shall be re- implemented
as soon as practicable, but by no later than March 4, 2013.
iv. The daily work activity schedule for the "48/96 Schedule" shall be included in•
Fire Department Administrative Policy, Volume 1 — Rules, Regulations and
Responsibilities, Chapter 8, Section 1, which is hereby incorporated by
reference_ __The__policy_shall_provide the_ Fire_ Chief_ the_ discretion_ to_change
start and end times of the daily work activity schedule, including the list of
assigned_ duties _their allocated_ times_ and the_order of performance of said
duties. Such change(s) shall be subject to meet and confer.
. "Kell Schedule" — If the trial period for the 48/96 Schedule is terminated pursuant to •
Schedule " represented b one twent 24 hour shift of scheduled work followed b
twent -four 24 hours off dut and another twent -four 24 hour shift of scheduled
work followed b another twent -four 24 hours off dut and then another twent
four
24 hour shift of scheduled work followed b
seven 27 da
FLSA work
eriod.
ninet
-six
96
off dut
This established twent -seven 27 da
in a twent
the terms of Section 1 a iii above fire su..ression .ersonnel shall work the "Kell
period is subject to the partial overtime pay exemption set forth in Section 7(k) of the
FLSA.
c. Sick leave and vacation usage will be hour-for-hour basis.
an hour for hour bass.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either .art at the conclusion of
not made
"48/96
hour
work
Section 2. Hours of Work — Fire Prevention Bureau and Administrative Sworn
Personnel. Fire Prevention Bureau and administrative .ersonnel shall work a fort 40 hour
work week under a 4/10, 5/40, or 9/80 work schedule at the Fire Chief's discretion. Meal
p eriods will be considered time worked as provided b the FLSA.
a. "5/40 Schedule" — Unless authorized by the Fire Chief to work an alternative work•
schedule known as the "9/80 Schedule" or the "4/10 Schedule," as set forth below,
Fire Prevention Bureau and administrative sworn personnel shall work the traditional
five 5 eight 8 hour da s of scheduled work within a seven 7 da work .eriod
which begins at 12:00 a.m. on Monday and ends at 11:59 p.m. on Sunday.
b. "9/80 Schedule" — If authorized by the Fire Chief, Fire Prevention Bureau and•
administrative sworn_ personnel shall work the_alternative_work_schedule known as
the "9/80 Schedule," represented by eighty (80) hours of scheduled work in a two -
week pa .eriod: The first week consists of four 4 nine 9 hour scheduled da s of
work and one eight (8) hour scheduled day of work and the second week consists of
four 4 nine 9 hour scheduled da s of work with one 1 da off dut . The FLSA
Formatted: Bullets and Numbering
Formatted: Indent: Left: 1.13 ",
Hanging: 0.19 ", Numbered + Level:
1 + Numbering Style: i, ii iii ... +
Start at: 1 + Alignment: Left +
Aligned at: 1.08" + Tab after: 1.58"
+ Indent at: 1.58 ", No
widow /orphan control, Tabs: Not at
1.58"
r
Formatted: Indent: Left: 0.44 ",
Hanging: 0.31 ", Numbered + Level:
1 + Numbering Style: a, b, c, ... +
Start at: 1 + Alignment: Left +
Aligned at: 0.44" + Tab after: 1.1"
+ Indent at: 1.1 ", No widow /orphan
control, Tabs: 0.75 ", List tab + Not
at 1.1"
Formatted: Indent: First line:
0.44 ", Tabs: 0.75 ", Decimal aligned
+ 1.13 ", Decimal aligned
Formatted: Indent: Left: 0.44 ",
Hanging: 0.31 ", No bullets or
numbering, No widow /orphan control,
Tabs: 1.58 ", List tab
Formatted: Indent: First line: 0.75"
Formatted: Indent: Left: 0.5 ",
Hanging: 0.25"
work .eriod for this work schedule is seven 7 da s and shall be 'n four 4 hours
into the eig ht.(8.) hour schedu l edwork day,
c. ......... "4/10 Schedule" — If authorized by the Fire Chief, Fire Prevention Bureau and-
administrative sworn personnel shall work a "4/10 Schedule represented by four (4)
ten 10 hour da s of scheduled work in a seven 7 da FLSA work .eriod.
d. The Fire Chief reserves the ri.ht to alter the shift assi.nment for Fire Prevention
Bureau and sworn administrative .ersonnel to .rovide ade.uate covera.e.
e. Sick leave and vacation usa.e will be on an hour - for -hour basis.
ARTICLE V
MINIMUM MANNING
Section 1. Minimum fire suppression platoon strength shall be as specified in this
section. It is the intent of the City to maintain current levels of sworn personnel and current
minimum manning standards throughout the term of this agreement. Before any change in
minimum Fire Suppression Platoon strength is made by the City, the City shall meet and confer
in good faith with the Firep,ssociation regarding such change or changes.
4 Engine Companies with:
1 Truck Company with:
2 Paramedic Vehicles with:
1 Captain or qualified relief
1 Engineer or qualified relief
1 Firefighter
1 Captain or qualified relief
1 Engineer or qualified relief
2 Firefighters
2 Certified Firefighter /Paramedics
Formatted: Indent: Left: 0.5"
Hanging: 0.25 ", Numbered + Level:
1 + Numbering Style: a, b, c, ... +
Start at: 1 + Alignment: Left +
Aligned at: 0.44" + Tab after: 1.1"
+ Indent at: 1.1 ", No widow /orphan
control, Tabs: 0.75 ", List tab + Not
at 1.1"
Formatted: Indent: Left: 0.5 ",
Hanging: 0.19"
Formatted: Indent: First line: 0.5"
Deleted: ¶
Deleted: Union
Section 2. Filling of Temporary Positions.
A. When an employee has filed for retirement benefits through proper channels and has
officially been placed on .... "Injury ..... Duty" ...... ("LO.D" said position shall be filled from the
appropriate eligibility list on a temporary basis.
B. Promotions from temporary to permanent status shall not occur after the
expiration date of such eligibility list. (An exception is specified in Section 3 below.)
C. Anniversary dates shall be computed for merit increases from the temporary
appointment date.
D. Promotional examination dates shall be as follows:
A Fire Engineer examination and certification of an eligibility list will be completed by
March 31 of each even numbered year. Such eligibility list shall expire on the
administration date of the next scheduled promotional written exam.
A Fire Captain examination and certification of an eligibility list will be completed by
March 31 of each odd numbered year. Such eligibility list shall expire on the
administration date of the next scheduled .romotional written exam.
E. An interim eligibility list for Fire Engineer or Fire Captain may, at the discretion of Fire
Chief, be established under either of the following conditions:
1. The current eligibility list(s) is exhausted prior to June 1 of the year preceding the
regularly scheduled exam.
2. The Fire Chief has knowledge, prior to June 1 that the list will be exhausted and
a vacancy will occur or exist prior to the next regularly scheduled exam. In such event, the Fire
Chief shall notify the,Association.
F. When an interim examination occurs pursuant to Subsection E above, the following
conditions will be followed:
1. The regularly scheduled exam for that classification will be held by March of the
appropriate year pursuant to Section D above.
2. Three months notification will be given prior to the written exam date. Notification
will follow same format as a regularly scheduled exam.
3. The exam will have the same components as the most recent examination given
for that classification (e.g. for Fire Engineer exam the components would be: Written, Driving &
Pumping Exercise, and Technical Interview).
4. The interim eligibility list will expire upon certification of the eligible list created
from the regularly scheduled exam. Remaining candidates from the interim list must take and
successfully complete the regularly scheduled exam to be eligible for promotion. Lists will not
be merged.
10
Deleted:
Deleted:.
Deleted: Union
Section 3. Promotion from Temporary Fire Engineer to Fire Engineer.
Notwithstanding the provisions of Part VIII, Article III of the Personnel Management Rules and
Regulations to the contrary, this clause shall govern the certification and promotion of
individuals who have been appointed by the Fire Chief from a certified eligibility list to the
position of Temporary Fire Engineer on a long -term basis; other than for the purpose of
temporarily replacing an employee off duty due to disability, shall be eligible to fill the next
regular Fire Engineer vacancy without obligation to retest for certification to the subsequent
eligibility list. Actual appointment from Temporary Fire Engineer to Fire Engineer shall be made
at the discretion of the Fire Chief.
ARTICLE VI
OVERTIME PROVISIONS
Section 1. Compensation for Overtime. All authorized overtime for employees shall
be paid at time and one -half (1 ® 51the regular hourly rate of pay for such employees. Overtime
shall be paid on all hours worked in excess of a normal shift(s). Hours worked in shift trades
shall be excluded as hours worked.
Section 2. It is the policy of the City that overtime work is to be discouraged. However,
in cases of emergency or whenever public interest or necessity requires, any department or
division head may require any employee in such department or division to perform overtime
work. The projects and types of work for which overtime may be authorized shall be approved
in advance by the City Manager; except in the event of emergency or to maintain minimum
manning overtime may be authorized by the department head or his designee.
Section 3. Emergency Service Condition. In the event of a declared emergency or
national or State disaster in the City of Downey, the City shall not be required to pay overtime.
Regardless of any of the provisions of this Agreement, employees shall not be entitled to
receive overtime during the first seven (7) calendar days of the severe emergency or disaster.
Section 4. Call Overtime.
A. Employees covered by this Agreement who are called in to perform work at times
other than those normally required for the employee's schedule shall receive and be paid for a
minimum of four (4) hours at the overtime rate of time and one -half (1.5). Hours worked in
excess of the four (4Ehour guarantee shall be counted toward the computation of overtime pay.
Employees shall be entitled to call -in pay in the event the employee is required to report back to
work after completing his normal work shift, left the City premises and /or on their day off.
B. Employees who are "held over or called in less than four (4) hours before the start of
a regular shift shall not be eligible for the call -back minimum but shall be paid for hours actually
worked.
Section 5. Administration. Overtime work shall be distributed as equitably as
practicable over the term of this Agreement among those employees in the same classification.
Section 6. Training. City designated job training on employee's time off or on
employee's work time shall be compensated in accordance with FLSA. No overtime shall be
1 paid where safety personnel are designated to participate in training which requires the
11
employee to remain overnight, and the City pays per diem expenses in accordance with
departmental policy.
Section 7. Compensatory Time Off.
A. Compensatory time may be granted to employees in lieu of overtime pay in
accordance with Fire Department Administrative Policy, Volume 1, Chapter 3, Section 5,
herein incorporated „ by reference. An employee wishing to take compensatory time off must
obtain the prior approval of his supervisor. When a supervisor requests that an employee take
compensatory time off, employee needs must be considered and reasonable notice given by the
supervisor to the employee. The need for calling in personnel for minimum manning shall not
alone justify disapproval of the employee's compensatory time off.
B.
g. Employees may cash in their compensatory hours by giving sufficient notice to the
Fire Chief and Finance Department. The City shall pay off all ® compensatory time hours in
excess of three hundred__(300) hours (four_hundred eighty__(480) hours for fifty_- six_(56) hour
employees) as of December 1, 2005. Excess will be paid in the following January.
ARTICLE VII
HOLIDAYS
Section 1. In lieu of receiving holidays off, each fift -six 56) hour employee covered by
this Agreement shall receive one hundred thirt two 132) hours off with pay each year that shall
be scheduled in accordance with Fire Department Administrative Policy, Volume 1, Chapter 3,
Section 9, herein incorporated by reference Holiday hours may be accumulated. As an option
to using their holiday time, employees may cash in their holiday time by giving sufficient notice
to the Fire Chief and Finance Department.
Section 2. Employees assigned to a forty ..... schedule will receive eleven (11
holidays per year. For each holiday, the employee will receive eight hours of holiday pay if
the holiday falls on the employee's schedule workday and ei.ht 8) hours of compensatory time
if the holiday falls on a day the employee is not scheduled to work. Actual holidays will be those
days on which City Hall is closed in recognition of the holiday.
12
Deleted: dated December 4, 2002
Deleted: that
Deleted: as though fully set forth
herein
Deleted: Upon retirement, an
employee may request that unused
accumulated compensatory time be
applied to pay premiums for
employee and dependent City health
insurance coverage.
.r Deleted: C
Deleted: Compensatory hours may
be accumulated without limit.
Deleted: CTO
Formatted: Font: Bold
Formatted: Font color: Red
Formatted: Font color: Red
Formatted: Font color: Red
Formatted: Font color: Red
ARTICLE VIII
VACATION
Section 1. Employees covered by this Agreement shall accrue vacation hours on a
monthly basis as follows:
Years of Service 56 -hour employees 40 hour employee
0 -3
4 -5
6 -10
11 -15
16 -20
10 hours
12 hours
15 hours
17 hours
20 hours
Section 2. Vacation shall be taken as per Fire Department Administrative Policy Volume
1, Chapter 3, Section 10 herein incorporated_byreference. All eligible employees, however,
shall be allowed to accumulate two (2) years allowance of vacation with written prior approval of
the Fire Chief. If an employee is prohibited by the supervisor from taking vacation because of
manpower shortages or operational needs, the employee shall be paid all scheduled vacation
hours cancelled at the rate in effect at the time the employee would have taken his or her
vacation. All accumulated vacation in excess of two (2) years shall be taken off within ninety
(90) days, at a time mutually agreeable to both the supervisor and the employee. If at all
possible the supervisor shall accommodate the employee's desires as to the taking of vacation.
If the employee does not take the excess time off within the ninety (90) days, the employee will
not accrue additional vacation time until the accumulation drops below the two -year cap.
Section 3. When an employee who has become entitled to receive vacation under this
Article separates from City service either by retirement, , layoff, or termination, the employee
shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of
separation.
Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the
number of work hours per year to which the employee is eligible to receive based upon the
employee's years of service with the City.
ARTICLE IX
LEAVES OF ABSENCE
Section 1. Leave of Absence Without Pay. The City Manager may grant a permanent
employee a leave of absence for a specific purpose, without pay, for a period not to exceed up
to one (1) year. The City Council may grant a permanent employee a leave of absence for a
specific purpose, with pay, not to exceed one (1) year. No such leave shall be granted except
upon written request of the employee. Approval shall be in writing and a copy filed with the
Personnel Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time leave was granted. The employee shall report
13
6.7 hours
8.0 hours
10.0 hours
11.3 hours
13.4 hours
Formatted: Font: Bold
Deleted:
Deleted: dated June 28, 2002
r
Deleted: permanent
Deleted: Section 5.. Employees
who are separated from their
employment with the City, after
completion of the probationary period,
shall be paid all accrued vacation, if
any, on a pro -rata portion of their
unused vacation at the rate in effect
at the time of termination. Pro -rata
vacation shall be based upon the
basis of one - twelfth (1/12th) of the
employee's annual vacation pay for
each full month of service worked by
the employee during the employee's
employment with the City.¶
If
¶
Section 6.. Workday for the purpose
of this Article shall be construed to be
twelve (12) hours of pay for 56 hour
personnel and eight (8) hours of pay
for 40 hour personnel.¶
promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24)
hour period after expiration of leave shall be considered a voluntary resignation. ,The employee
may elect to pay „med dental,,,and employee assistance program (EAP directly
to the City in order to maintain those benefits during an approved leave of absence without pay..
Section 2. Written Notice of Return. An employee on leave of absence must give the
City at least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment. An employee who engages in outside employment
during said leave of absence shall be subject to termination. Any employee who falsified a
reason for the request for said leave of absence or any extension of such leave of absence may
be terminated for falsifying such request.
Section 4. Sick Leave.
A. Sick leave shall be defined as absence from duty because of illness or off - the -job
injury, or exposure to contagious diseases as evidenced by certification from an accepted
medical authority.
B. Sick leave shall be accrued at the following monthly rate:
56 -hour per week personnel,- twelve (12) hours accrual each month
40 -hour per week personnel - eight (8) hours accrual each month
Unused sick leave shall be accrued without a limit on accumulation.
When an employee is transferred from a fifty -six (56) hour to a forty (40) hour work week,
all accruals shall be reduced by one - third; when an employee is transferred from a fort (40_) hour
workweek to a fift ry -six 56) hour work week, accruals shall be increased by one -half.
C. In order to receive compensation while absent on sick leave, the employee shall notify
a designated supervisor prior to or within thirty . (30) .. minutes of the time set for beginning duty.
For any such absence, the employee shall file a statement with the City Manager through
channels stating the cause of the absence. When the absence is for one and one -half (1.5)
work shifts or more, the ® Fire Chief . may require a physician's certificate ® verifyinq the Deleted: department head
em lo ee's inabilit to work before said leave shall be approved for compensation by the City Deleted: concerned
Manager.
Deleted: stating the cause
D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City.
E. At the written request of the Fire Chief, the City Manager may require an employee to
submit to an examination by the City's physician; and if the results of the examination indicate
the employee is unable to perform his duties, or in the performance of his duties, exposes
others to infection, the employee shall be placed on sick leave until adequate medical evidence
is submitted that the employee is competent to perform his duties or will not subject others to
infection. Any employee so examined shall have the right to submit the reports of a competent
medical authority of his own selection, and at his own expense, in addition to the report
submitted by the City's physician. In the event of a conflict of opinion and /or recommendation of
the two physicians, a third physician shall be selected by the first two physicians and be paid
jointly by the City and the employee, the final decision shall be made by the City Manager based
upon medical evidence.
14
Formatted: Not Highlight
Deleted: health
Formatted: Not Highlight
Deleted: life insurance
Formatted: Not Highlight
Formatted: Not Highlight
Deleted: paid to covered employees
Deleted: -
Deleted: of absence
F. Sick Leave Payoff on Retirement. Upon retirement of an eligible employee, ninety
percent (90%) of the employee's unused accumulated sick leave shall be deposited into the City
Retirement Health Savings Plan to be used for eligible medical expenses. The maximum
number of hours that will be deposited is as follows: ......... two ... thousand ..... six hundred twenty-five
2 625 hours for a fifty -six (56) hour per week employe and one thousand seven hundred fifty
ours for a forty (40) hour per week employee,
750
1
h
G. For employees hired on or after July 1, 1974, accrued sick leave shall be valued for
the purposes of Section F above, on the following basis:
1. Sick leave earned for such employees shall be costed at the rate prevailing at the
end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided however, when an employee takes sick leave, the employee shall receive
for each day of sick leave one (1) day's pay at the employee's rate in effect at the time of taking
sick leave.
H. Employees who have accumulated, nine_hundred sixty (960) hours of sick leave for
fifty -six (56) hour personnel and six hundred forty (640) hours for forty (40) hour personnel, may
convert two (2) hours of accumulated sick leave for one (1) hour of vacation; provided that no
more than one hundred twenty (120) hours (and eighty (80) hours of sick leave for forty (40)
hour personnel) of sick leave can be converted in any one (1) fiscal year.
Section 5. Emergency Leave.
A. With the approval of the Fire Chief, any employee who is absent from work by reason of
attendance upon members of the immediate family whose incapacitation requires the care of
such employee; or death in the immediate family of the employee, may be allowed emergency
leave with pay, not to exceed seventy-two (72) hours per incident, which is deducted from
accumulated sick leave. Immediate family shall include and be limited to mother, father,
brother, sister, spouse, or child of any eligible employee of the City, or of the spouse of the
employee.
B. For absences under this Section exceeding a total of fort - ei.ht 48) consecutive
hours for fift -six 56) hour personnel in any six (6) month period, a physician's certificate
verifying the leave basis may be required by the City Manager. For absences under this section
exceeding a total of twenty -four (24) consecutive hours for forty (40) hour personnel in any six
(6) month period, a physician's certificate verifying the leave basis may be required by the City
Manager, or the department head.
C. All such claims for emergency leave are subject to verification by the City Manager.
D. Should emergency leave be required for purposes other than set forth in A above,
vacation or comp time off may be used with the approval of the Fire Chief, consistent with the
general personnel rules of the City.
E. Administrative Regulation # 403 governs the leave taken under the Family and
Medical Leave Act and the California Family Rights Act.
15
Deleted: , 4-944
Deleted: 2,363 hours (90% of 2,160
Z625)
Deleted: or,
Formatted: Font: Not Bold, Not
Italic
Deleted: 1,296
Deleted: 1,575 hours (90% of 4
: 1,750)
Deleted:
Deleted: For the purpose of this
Section, workday shall be defined as
a twelve (12) hour work day for 56-
hour personnel.
Formatted: Font: 11 pt
Formatted: Font: 11 pt, Font color:
Red
Deleted: department head
Section 6. Workers' Compensation Injury on Duty. Employees covered by this
Agreement shall be entitled to all rights provided under Section 4850 of the State of California
Labor Code, Government Code 21025.2, and other pertinent codes and ordinances adopted by
the City of Downey.
A. Reclassification of Injured Worker. If in the opinion of the City, an employee has been
found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the bargaining unit; provided such placement is consistent with the City's affirmative
action program and is approved by the appointing authority. Nothing herein shall be construed
to prevent said employee from applying for and competing for positions of a higher class or
positions represented by other bargaining units.
•
•
all
accrued leave vacation
can be advanced sick
75% of the em lo ee's re ular salar accordin
leave
time
at
to the followin
•
ear of continuous service with the Cit and
sick -leave com.ensator time due to non-
ercent
s
the rate of sevent -five
lo ee
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
EMI
Section 7. Employee Disability Leave .
A. n em to ee that has at least one
who has exhausted
industrial illness or in ur
Maximum Time Allowance Workin
Years of Service
1 throu. h 5
6 through 10
Over 10
1
Da
Total
45
68
90
table:
B. ? pplication_ for_disability_leave_shall_be_ made __by__the_employ_eeto_the_City_ Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the_direction of the City._ Failure to submit to such an_examination shall be a basis
for terminating disability leave. If the City Manager approves the application he shall notify the
em lo ee of such a..roval in writin
C. After the em lo ee returns to work the em lo ee shall reimburse the Cit for the
value of the advanced sick leave time by having the employee's sick leave accrual for sick-
leave reduced by one- half month or the employee may contribute vacation leave to
accelerate reimbursementto City providing the benefits under this Article
D. ® When the "maximum time allowance" has been reimbursed as set forth above, the
em.lo ee shall be eli.ible to a..I for additional disabilit leave •rovided that no em.
shall receive more than the "total" set forth above for his length of service during his entire
employmentwith_the_City.
16
Deleted: A.. This section
establishes a disability leave plan at
seventy -five percent (75 %)of the base
salary for employees having more
than (1) year continuous service with
the City and who have exhausted all
accumulated sick leave, vacation and
compensatory time due to a non-
industrial illness or injury under the
following eligibility schedule:¶
Deleted: Maximum Time Allowance
(Working Days)¶
Before
Additional After¶
Years of Service .
Reimbursement .
Reimbursement . Total¶
¶
1 through
5 30....15..45¶
6 through
10 45....23.68¶
Over 10 60 .... 30 .. 901j
¶
B.. Application for disability leave
shall be made by the employee
through the department head, to the
City Manager, accompanied by full
medical justification from a physician
chosen by the City at the discretion of
the City. Failure to submit to such an
examination shall be a basis for
terminating disability leave. For
purposes of this Section, twelve (12)
hours shall constitute one workday for
56 -hour personnel. If the City
Manager approves the application, he
shall notify the employee, in
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
E. Grounds for termination of disabilit leave b the Cit Mana.er shall include but not
be limited to, the following reasons:
The employee has recovered from his illness or injury.
2. The leave is bein used as a .re- retirement leave for .ur.ose of •ost.onin.• Formatted: Bullets and Numbering
retirement or pension.
3. The disabilit leave was procured by fraud, misrepresentation or mistake.
4. The em lo ee has not coo.erated full in su..l in all information and Formatted: Bullets and Numbering
submitting to any examination requested by the City to determine the existence
or continuin nature of the em lo ee's disabilit
E. In the event an em
lo ee becomes ineli.ible to accrue sick leave or is scheduled
to end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
,Section 8. Military Leave. Military leave shall be granted in accordance with the
provisions of state and /or federal law. All employees entitled to military leave shall give the Fire
Chief an opportunity, within the limits of military regulations, to determine when such leave shall
be taken.
Section 9. Jury Duty. Effective November 1, 1991, the City will not provide paid release
time for jury duty to employees in classifications represented by thi ;Association. If the State
and /or Federal Court Jury Commissioners rescind their present policy of granting exemptions
from jury service to persons who do not receive paid release time for jury duty from their
employers, so as to require jury service despite the absence of such pay from their employer;
then the City's practice of providing paid release time to employees for jury duty shall be
reinstated immediately upon the effective date of such change for the applicable State and /or
Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to
the scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee
on jury duty, the City will immediately reinstate the practice of providing paid release time to
employees for jury duty.
C. In the event that an employee is called for jury duty and the court does not excuse
jury service based on the non - payment of salary by the employer, the City shall grant said
employee paid release time for the required jury duty. However, it is mandatory that the
employee advise the judge and /or appropriate court personnel of the City's non - payment policy.
While on paid release time for required jury duty, employees will not work any fire shifts or work
the evening before or the evening after release from jury duty.
ARTICLE X
17
r
Formatted: Font: 11 pt
Formatted: Bullets and Numbering
Formatted: Bullets and Numbering
1 Formatted: Bullets and Numbering
Formatted: Font: 11 pt, Not Bold
Deleted: ¶
Deleted:
Deleted: Union
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exists or may exist in the future during the term
of this Agreement. The City agrees to reopen the contract for the expressed purpose of
providing PERS medical insurance should all city employee groups request and agree to the
change.
Section 2. Selection and Funding. In the administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the terms of this Agreemen rovided that the
benefits of the employees shall be no less than those in existence as of the implementation of
this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance
carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or method of funding the coverage. ®
ARTICLE XI
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance.
A. The City shall continue to contribute one hundred percent (I00 %1 to a medical benefit
package for the employee and his /her dependents for the term of this Agreement.
1. Effective November 1
lass lenses ever
twent -four
24 months with a sevent
•
dollar
70.00
frame
of e e
allowance
4
2. An employee hired on or after June 2011 shall have the election to enroll
him/herself in the Kaiser Plan only
10
ainin
00
units to chan
such chan
e
the
e shall be
a
Kaiser Plan co-
IM
lemented
on
a
a
from
the first
five dollars
of
the
month
5.00
to
ten
followin
Deleted: withdraw from the City
Deleted: health plan
affected bar
dollars
authorization b
3. The Cit
and the Association
Kaiser Permanente.
B. Employee Waiver of Medical Covera
waive City - sponsored ® medical covera
FRINGE BENEFIT ADMINISTRATION
2000 the Cit a. rees to add to the Kaiser Plan the benefit.
e as follows:
ree that once an
1. The employee ® presents written proof to the Human Resources Office that he and
his qualified dependent(s) is covered by another non -City sponsored medical plan; and
. The employee notified the City on his election to waive_ medical_covera e_upon
hire or during the open enrollment period.
3. The City agrees that an employee who is qualified to ® waive coverage ® shall
receive eighty -one dollars ($81.001 per month if ® waiver eligibility is for employee only coverage;
one hundred sixty -two dollars ($162.00) per month if ® waiver eligibility is for employee plus one
coverage; or two hundred twenty -nine dollars ($229.00) per month if ® waiver eligibility is for
18
eement is reached with all.
The City agrees to permit an employee to,
Deleted: Union
r
Deleted: Effective November 1,
2000, the City agrees to add to the
Kaiser Plan the benefit of eyeglass
lenses every twenty -four months with
a $70 frame allowance.
Formatted: Indent: First line: 0.69"
Formatted: Indent: Left: 0.69 ",
First line: 0"
Formatted: Indent: First line: 0.69"
Deleted: ¶
Deleted: withdrawal from City health
plan
Deleted: is either enrolled in the
Kaiser Plan, or
Deleted: 2.. The employee had
claims for the year prior to the open
enrollment in an amount equal to or
greater than the employee premium
rate, and¶
¶
3.. The employee presents written
proof that the employee is covered by
another health plan, and¶
¶
4
Deleted: withdraw
Deleted: from the medical plan
Deleted: the withdrawal
Deleted: the withdrawal
r
Deleted: the withdrawal
1 family coverage. The eli.ible amount will be added to the employee's paycheck or ® will be
placed in the City's deferred compensation plan.
Section 2. Dental Insurance. The Cit will continue to make a maximum contribution
of thirty-one dollars and ninety -five cents ($31 955 month per employee for the dental
insurance coverage. Effective Janua 1 2006 benefit ear 2006 the Cit a.rees to increase
the maximum benefit under the Delta Dental coverage from one thousand dollars '.1 000.00
rees to
2 000.00
increase in cost and the
for each enrollee
ssociation a
be thirt -seven dollars and fift -two cents
er calenda
$37.52
ree that the Cit 's contribution amount will be ca
rees that the em
ear
Th
e
C
a
lo ee's contribution will
•
er month. The Cit
to
and
ed at the amount e.ual to the
remium to be effective Jul 1 2007 minus the em lo ee contribution of thirt -seven dollars and
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
two thousand dollars
absorb an
continue to
Association a
fifty -two cents ($37.52). For the Delta Dental rate that will be effective July 1 2008 and each
year thereafter, the Cit shall calculate the City and employee contribution as follows: In May of
each year the City shall calculate the overall premium increase based on claims experience
administrative fees and an indust trendin• •roection. The difference between the Cit
contribution in effect at the time of the rate calculation and thirty -one dollars and ninety -five
cents__ [$31_.95)_wi l l _be_mu ltip l ied__by_the_percent_of _the__overa l l__p semi u m _rate_i n crea se_fro m_th e
year before. The number will then be added to the previous City contribution to become the
new City contribution._ The new amount will be communicated _ to_ all_ employees during the open
enrollment period in the month of June.
An example of the calculation is shown below:
C urrent Cit
Current Em lo
Total
A s of July 1 2006
® Increase for new cap $10.00
N ew Cit
New Em lo ee
• Total
ee
s of Jul 1 2007
Increase in costs
N ew City
A New . Employee
Total
A s of July 1, 2008
$31.95
$37.52
$69.47
Current
rate Increase
$ 31.95 10.00
$ 37.52
$ 10.00
New Amts
$ 41.95
$ 37.52
$ 79.47
$ 41.95 $ 10.00 $ 51.95
19
New Amts
Deleted: to
Deleted: to
Deleted: The City will continue to
pav up to $31.95 per month [33]
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt, Not Bold
- - - - - - -- - - - - - -- -- - - - - --
Formatted: Font: 11 pt, Not Bold
Formatted
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt, Not Bold
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
.r Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
79.47 $ 89.47 Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
I Formatted: Font: 11 pt
% increase 5 %0 $ .......... 93 . .94
cost Increase
New city $ 51.95 $ 20.00 $ 1.00 $ 52.95
New Employee $ 37.52 $ 40.99
Total
,s of July 1, 2009
% increase 5%
New Cit $ 52.95
New Employee $ 40.99
Total
Ca
21.00 $ 1.05 $ 54.00
$ 44.64
Section 3. Life Insurance. Each employee covered by this Agreement shall be provided
with a group term life insurance benefit of ten thousand - dollars__ ($10,000.00).
Section 4. Medical Insurance Widow's Continuance. The City's self- funded medical
insurance contract shall allow the spouse and ® eligible dependents,) of a deceased employee„to
maintain eligibility on the policy indefinitely or until such time that the spouse remarries or
obtains another paid group medical insurance policy.
Section 5. Citywide Medical Committee. A Committee, consisting of one
representative appointed from each Employee Association, will be created for the purpose of
studying the City Medical plans with the goal of reducing the cost of the plans and developing
improved retiree medical benefits. No changes to the existing health benefits will be made
without written approval of both parties.
ARTICLE XII
RETIREMENT
$ 98.64
Section 1. California Public Employees' Retirement System (CaIPERS) Coverage.
Employees covered by this Agreement participate in the California Public Employees'
Retirement System CaIPERS . Employee options are described in a contract between the City
of Downey and ® CaIPERS.
Section 2. Employee's PERS Contribution, Nine percent (9%) ® of the base salary
shall be applied to the employee's contribution towards retirement.
Section 3. First Tier Retirement Formula. Effective Jul 23 2001 the Cit amended
the CaIPERS contract for fire safety personnel to provide the benefit known as 3% 50
retirement formula.
Section 4. Second Tier Retirement Formula. Effective June 13 2011 the Cit and the
Association agree that the benefit known as 3% 0 55 retirement formula shall apply to
em lo ees hired or who become eligible for enrollment in the CaIPERS Retirement Plan on or
after the effective date of the City's contract amendment with CaIPERS to implement this
benefit. The Cit shall amend its CaIPERS contract as soon as .racticable once an a.reement
20
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
r
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
$ 98.64 Formatted: Font: 11 pt
® " Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt, Not Italic
Formatted: Normal, Left, Tabs: Not
at 0.44"
Deleted: minor
Deleted:
Formatted: Font: Bold
Deleted: the Public Employees'
Retirement System
Formatted: Font: Bold
Deleted: percent
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold
Formatted: Font: Bold
is reached with the Downe Fire Mana.ement Association to im.lement the 3% . 55 second
tier retirement formula as described in this Section.
Section 5. Em lo ee Member CaIPERS Contribution — First Tier Formula. In
accordance with existing practice and Government Code Sections 20636 (c)(4), and 20691, the
Cit will a the CaIPERS member contribution e. ual to nine
enrolled in the 3%
•
ees
•
•
referred to as re ortin the value of Em .lo er Paid Member Contribution EPMC as s
compensation).
50 first tier formula and re
ort
the
ercent 9%
contribution as com
Section 6. Em ee Member CaIPERS Contribution — Second Tier Formula. U.on
the effective
55 retirement formula all employees hired on or after the amendment date will pay the full nine
percent (9% member contribution for the entire term of their employment. Such pa ment will be
handled on a pre -tax basis by way of a bi- weekly payroll deduction.
Section 7. Retiree Medical Annuity. An employee who retires from the City of Downey
shall be entitled to participate in the City sponsored medical plans; for employees who retire
after July 1, 1987, the City shall contribute up to a maximum of ninety -eight dollars ($98.00) per
month toward the premium for employee only coverage under the City sponsored medical
plans; and for employees who retire after July 1, 2002, the City shall contribute up to a
maximum of two hundred dollars $200.00) per month toward the premium for employee and
eligible dependents; and for employees who retire after July 1, 2003, the City shall contribute up
to a maximum of two hundred thirt -five dollars ($235.00) per month toward the premium for
employee and qualified dependents; and for employees who retire after July 1, 2004, the City
shall contribute up to a maximum of two hundred seventy dollars ($270.00) per month toward
the premium for employee and qualified dependents provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service- connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
for em
lo
ensation earnable
ecial
C. Effective the day after official separation from the City the employee has been granted
a retirement allowance by ,,CaIPERS.
D. The City's obligation to pay said monthly contributions shall be modified downward or
cease during the lifetime of the retiree upon the happening of any one of the following:
1. During any period the retired employee is eligible to receive or receives health
insurance coverage at the expense of another employer the payment will be suspended.
"Another employer as used herein means private employer or public employer or self - employed
or the employer of a spouse. As a condition of being eligible to receive the premium
contribution set forth above, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving any such paid health insurance benefits from another employer.
If it is later discovered that misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive
benefits will cease.
21
Formatted: Font: Bold
Formatted: Font: 11 pt, Bold
Deleted: 3
Deleted: the California Public
Employees' Retirement System
2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in
Medical or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an employer
funded health plan or program for retirees, or mandates that the City make contributions toward
a health plan (either private or public plan) for retirees, the City's contribution rate set forth
above shall be first applied to that plan. If there is any excess, that excess may be applied
toward the City medical plan as supplemental coverage provided the retired employee pays the
balance owing for such coverage if any.
4. Upon the death of the retired employee, the monthly contributions shall cease.
The surviving spouse shall be able to continue coverage by paying the appropriate premium.
It is understood and agreed that the annual amount contributed by the City to fund the Retiree
Medical Annuity on behalf of the employees, shall be included as an item of compensation in
total compensation survey comparisons.
ARTICLE XIII
TUITION REIMBURSEMENT
Section 1. With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department head with job related justification
and approved by the City Manager. Employees must receive a passing grade in order to be
reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at Los
Angeles State University for courses on the quarter system; and Long Beach State University
for courses on the semester system.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1. An original appointment will be tentative and subject to a probationary period
of not less than eighteen (18) months; except that the City Manager may extend the
probationary period for a class up to an additional six (6) months or for a marginal employee up
to an additional three (3) months. Should the Fire Chief desire to terminate any original
probationary employee prior to the end of the probationary period, the Fire Chief shall notify the
employee prior to termination. Promotional probationary period shall be for a period of six (6)
months.
Section 2. If the service of the original probationary employee has been satisfactory to
the Fire Chief; then the Fire Chief shall file with the Personnel Office within two (2) weeks of the
end of the probationary period, a merit rating including a statement, in writing, to such effect and
stating that the retention of such employee in the service of the City is desired. If such a
statement is not filed within two weeks of the end of the probationary period and the employee
22
Deleted: Section 4.. 3% at age 50
Retirement Benefit. Effective July
23, 2001, the City shall amend the
contract with the Public Employee's
Retirement System PERS) to
implement the benefits of
Government Code Section 21362.2,
to provide the 3% at 50 retirement
formula.¶
¶
Section 5. Optional PERS Plans
The City will agree to meet with the
association to consider retirement
payment options under the PERS
plan should new options be
established in the future (e.g. DROP
plan) provided that such options are
clearly cost neutral.¶
Formatted: Font: 11 pt
Deleted: Reimbursement for books
shall only be made if employees turn
such books in to the Downey Fire
Library system for use in the system.
i Deleted: ¶
notified, the employee will be deemed to be unsatisfactory and his employment terminated at
the expiration of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following the
period of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment, pr at the conclusion of the
probationary period by reason of failure of the Fire Chief to file a statement that his services
have been satisfactory, shall be reinstated to the position from which he was promoted unless
charges are filed and he is discharged in the manner provided in the Personnel Ordinance and
these rules for positions in the classified service. If there is no vacancy in the classification from
which the employee was promoted, the most recently hired employee shall be terminated
without prejudice.
Section 5. The probationary period may be extended by the length of time the employee
is absent during the probationary period except for vacation and regular days off.
ARTICLE XV
SENIORITY
Section 1. Seniority is defined as the length of an employee's continuous service within
rank from his last date of promotion, and shall apply in the manner and to the extent set forth in
the remainder of thisArticle.
Deleted:
r
Deleted: a
Section 2. Probationary employees shall have no seniority rights, but shall acquire
„seniority from their last date of hire upon completion of their probationary period. Deleted: seniority from
Section 3. Seniority shall apply between employees in a rank for purposes of layoff and
recall if in the objective determination of the Fire Chief the employee's abilities and performance
are substantially equal.
Section 4. An employee who is subject to layoff may exercise his seniority in another
rank within the Fire Department provided that the employee has satisfactorily held the same
position in the rank in which the employee seeks to exercise seniority. The employee with the
earliest promotion date to that rank will be considered to have seniority for that position.
ARTICLE XVI
CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights
of Management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights existed prior to the
execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include, but not be
limited to, the following rights:
23
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
C. To determine the nature, manner, means, and technology, and extent of services to
be provided to the public.
D. Methods of financing.
E. Types of equipment or technology to be used.
F. To determine and /or change the facilities, methods, technology, means, and size of
the work force by which the City operations are to be conducted.
G. To determine and change the number of locations, relocations, and types of
operations, processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operation of the City.
H. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
I. To relieve employees from duties for lack of work or similar non - disciplinary reasons,
such as lack of funds.
J. To establish and modify productivity and performance programs and standards.
K. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
L. To determine job classifications and to reclassify employees.
M. To hire, transfer, promote and demote employees for non - disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
N. To determine policies, procedures and standards for selection, training and promotion
of employees.
0. To establish employee performance standards, including but not limited to, quality
and quantity standards and to require compliance therewith.
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and /or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Agreement.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
24
Section 2. The Fire Chief has the authority to establish and change shift schedules to
meet the needs of the department in an emergency. The Fire Chief has the authority to
establish reporting times for shift changes in an emergency. The City has the right to enter into
mutual or automatic aid agreements.
Section 3. Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the exercise of Management's rights
shall impact on employees of the bargaining unit, the City agrees to meet and confer in good
faith with representatives of the ,Association regarding the impact of the exercise of such rights;
unless the subject matter of the exercise of such rights is provided for in this Agreement or in
the Personnel Rules and Salary Resolutions and /or affecting written departmental rules and
regulations which are incorporated in this Agreement. By agreeing to meet and confer in good
faith with the ,Association as to the impact and the exercise of any of the foregoing City rights,
Managements discretion in the exercise of these rights shall not be diminished.
The City shall not exercise the foregoing rights in an arbitrary, capricious, invidiously
discriminatory manner or in such a manner as to imperil the health and /or safety of the
employees.
ARTICLE XVII
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES
Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the
pay of all employees in the classifications and positions recognized to be represented by the
Association, who voluntarily authorize such deduction, in writing, on a mutually agreed upon
form to be provided for this purpose. The City shall remit such funds to the ssociation within
thirty (30) days following their deduction.
Section 2. Indemnification. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions
or transmittal of such funds to the, Association; except the intentional failure of the City to
transmit to the,Association monies deducted for the employees pursuant to this Article.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
A. PROHIBITED CONDUCT
Section 1. The.,Association, its officers, agents, representatives and /or members agree
that during the term of this Agreement they will not cause or condone any strike, walkout,
slowdown, sick -out, or any other job action by withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout' is hereby defined so as not to include the discharge,
suspension, termination, layoff, failure to recall, or failure to return to work of employees of the
25
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
Deleted: Union
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above,
shall be subject to termination by the City.
Section 4. In addition to any other lawful remedies, or disciplinary actions available to
the City, if the ,Association fails, in good faith, to perform all responsibilities listed below in B,
Section 1, the City may suspend any and all of the rights and privileges accorded to the
Association under the Employee Relations Ordinance in this Agreement including, but not
limited to, right of access, check -off, the use of the City's bulletin boards and facilities.
B. ,ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A, Section 1, above; the ® Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A, Section 1, above, and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Section 1
above, its officers, agents, or representatives shall not be liable for damages for prohibited
conduct performed by employees who are covered by this Agreement in violation of Section 1
above.
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Grievance. Grievance shall be defined as a dispute between the,
Association, employee or employees and the City, regarding interpretation or application of
specific provisions of this Memorandum of Understanding and departmental rules and
regulations or as an appeal of a disciplinary action.
with Government Code
to an
. .
administrative a
3254.5 of the Firefi. hters Procedural Bill of Ri. hts Act and shall a ..l
eal
of a disci
linar
rocedures are a
unitive action that is re
firefi.hter under the Act. The . rocedures are intended to su
Grievance Procedure in this Memorandum of Understandin
as related to disci line.
licable in accordance
uired to be afforded to a
. .
lement an re uirements of the
OS
A. Procedural Due Process Ri.hts.
eal
Section 2. Conduct of the Grievance Procedure. An employee may request the
assistance of another person of his own choosing in preparing and presenting his grievance at
any level of review, or may be represented by a recognized employee organization or may
represent himself.
A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior to
the date that the grievance was filed, in writing, except in cases where it was impossible for the
employee to have had prior knowledge of an accounting error.
26
Deleted: Union
Deleted: Union
Deleted: UNION
Deleted: Union
I Deleted: Union
Deleted: Union
Deleted: Union
Formatted: Font: Arial, 11 pt
Formatted: Font: Arial, 11 pt
Formatted: Font: Arial, 11 pt
Deleted: ¶
B. All time limits specified may be extended to a definite date by mutual agreement of
the employee or his , Association representative, and the decision - making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or „Association representative and
management representative.
Section 3. Grievance procedure shall provide for the following steps:
Step One. Informal Procedure. An employee must first attempt to resolve a
grievance without delay through discussion with a supervisor on an informal basis. The
grievance shall begin at the level of supervision that ultimately took the action that resulted in
the grievance. If, after such discussion, the employee does not believe the problem has been
satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's
immediate superior, if any, and through the chain of command to the Fire Chief if necessary.
Every effort shall be made to find an acceptable solution by these informal means at the most
immediate level of supervision. At no time may an informal process go beyond the Fire Chief.
In order that this informal procedure may be responsive, all parties involved shall expedite this
process.
In no case may more than fourteen (14) calendar days elapse from the date of the
alleged incident or action giving rise to the grievance; pr fourteen (14) calendar days from the
date the employee should have reasonably known about the alleged incident and the first
meeting with the supervisor discussed in this Section. The employee shall have up to seven (7)
additional days for each level of supervision; however, the time shall not be cumulative. Failure
to meet any of these time lines shall mean that the grievance shall be barred and waived.
Appeals of disciplinary action begin one level of supervision above the supervisor
taking the disciplinary action.
Step Two. Formal Procedure. If the grievance is not resolved through the informal
process and the employee has complied with all time limit; the employee shall have the
right to file the grievance in written form and present it to the Fire Chief within ten (10) calendar
days from the decision or completion of the informal process. The written grievance shall state
all facts plus the specifics of the alleged dispute. Failure of the employee to take action within
the time limit set forth above will constitute termination of the grievance.
The Fire Chief shall review the written material submitted by the employee and may
require the employee's supervisor and /or superior officers to submit written material regarding
this grievance. Copies of these materials will be given to the employee prior to meeting with the
Fire Chief. The ® Fire Chief shall render a decision and comments in writing which shall be given
to the employee within ten (10) calendar days of the meeting between the employee and the
Fire Chief.
Step Three. Employee Relations/personnel Director. If the grievance is not resolved
in Step Two, the employee may, within ten (10) calendar days from receipt of the Fire Chief's
written decision present the grievance in writing to the Employee Relations /personnel Director
for processing. Failure of the employee to take this action will constitute termination of the
grievance. ® If the employee is being represented by a recognized employee organization, the
Employee Relations /Personnel Director shall convene a joint meeting of the recognized
employee organization and management representative who shall attempt to resolve the
27
Deleted: Union
Deleted: M
Union
Deleted:
Deleted: s
Deleted: Terminations are appealed
directly to the Personnel Advisory
Board (Step Four).
Deleted: ;
Deleted:
Deleted: department head
Deleted: department head
Deleted: -
Deleted:
Deleted: In the event the employee
is not being represented by a
recognized employee organization,
the Employee Relations /Personnel
Director shall forward the grievance to
the designated management
representative who shall attempt to
resolve the grievance with the
employee
grievance. In the event the grievance is not satisfactorily ® settled through discussion at this
level, both parties shall advise „each othecin writing, as to their respective positions.
Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the
employee may, within ten (10) calendar days of the receipt of the written position from the .
management representative, present a "request for hearing" in writing to the Personnel Director.
Failure of the employee to take this action will constitute termination of the grievance. The
Personnel Director shall request from the State Mediation and Conciliation Service, or mutually
agreed upon alternative organization, a list of seven (7) neutral hearing officers. In the event
that the parties cannot agree upon a mutually acceptable hearing officer from the list of seven,
the parties shall alternately strike names from the list, with the City striking the first name. The
identity of the last remaining individual on the list will be selected as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30)
calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager
Step Five. City Manager's Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
ARTICLE XX
MISCELLANEOUS
Section 1. Substance Abuse Policy. The City of Downey and the,Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co- workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. On the job" means while on City premises, at work locations, or while on duty or
being compensated on an on call status."
The City of Downey and the,Association recognize that their future is dependent on the Deleted: union
physical and psychological well being of all employees. The City and the,Association mutually 'Deleted: Union
acknowledge that a drug and alcohol -free work environment benefits Downey's employees and
citizens.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
28
Deleted: adjusted or
Deleted: each other
Deleted:
Deleted: s
Deleted: With the approval of the
Personnel Advisory Board, t
Deleted: Union
1. Reasonable suspicion is cause, based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence of drugs or
alcohol; so that the employee's ability to perform the functions of the job is impaired, or so that
the employee's ability to perform his /her job safely is reduced.
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or
other body fluids, will be collected in a DOX Security Container System or other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility
used for testing shall be certified by the National Institute of Drug Abuse and comply with
established guidelines for "chain of custody' to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing, and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy; this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his /her supervisor, before beginning work, when taking such medications or drugs.
In the event there is a question regarding an employee's ability, to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his /her employment. Employees should be aware, however, that a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and /or other violation of this policy or other City /department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete
rehabilitation and /or counseling program and other terms and conditions in a "Last Chance
Agreement."
29
Deleted: a rehabilitation
Deleted: An example of the type of
terms and conditions the City may
require is included in Attachments I
and 11.
1. It is the City's intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant violation of
City /department rules and regulations or where violation did or could have resulted in serious
injury or property damage.
Section 2. 125 Plan. Employees covered by thisAgreement are eligible to participate in Deleted: a
the City's Section125 Plan Flexible S.endin. Account for Health Care and De•endent Care
Section 3. Filling and Vacating Assignmentsepartment assignments and transfers
will be done in accordance with Fire Department Administrative Policy, Volume 1, Chapter 3,
Section 15 herein incor•orated b referenc
dut
Re
celebrato
welfare of its
Section 4. Examination Observer, A person from a City Personnel Office, preferably Formatted: Font: Not Bold
the Personnel Analyst from the Downey Personnel Office, will audit the Fire Captain
departmental evaluation process, Fire Captain Interviews, and Fire Captain and Fire Engineer
written examinations. The role of this person will be to evaluate the time, examination content,
and testing environment /technologies for each candidate. The person will not be a grader. The
person will also be present when interviews are held for Training Officer, EMS Coordinator, and
Equipment Coordinator.
Section 5.
No Smokin Polio
CI
, The Cit • rees to allow em.
sar durin• their term of em•lo ment as an exce.
ulation No. 420. This exce•tion shall not diminish the Cit 's concern for the health and
em
lo ees to be fit for dut
•
ees an occasional off
tion
to Administrative
a
lo
Deleted:
Formatted: Font color: Red
Deleted:
Deleted: Apparatus
Deleted: This section will terminate
June 1, 2905 2010
Formatted: Font: Not Bold, Not
Italic
Formatted: Indent: First line: 0.44"
Formatted: Font: Not Bold
Deleted: 11
Formatted: Font: Bold
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of understanding, or
memorandums of agreement, or contrary salary and /or personnel resolutions and ordinances of
the City, oral or written, expressed or implied, agreements between the parties or
understandings between the parties; and shall govern their entire relationship and shall be the
sole source of any and all rights which may be asserted hereunder. This Memorandum of
Understanding is not intended to conflict with federal or state law or City Charter.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City
of Downey, certain personnel resolutions, ordinances and departmental rules, regulations and
orders. To the extent that this Agreement does not specifically contravene provisions of these
personnel resolutions, ordinances, departmental rules, regulations and orders; such personnel
resolutions, ordinances and departmental rules, regulations and orders are specifically
incorporated herein.
Section 3. Fire Department administrative "policies, rules and regulations issued by the
Fire Chief shall become a part of this Agreement provided they do not contravene any other
provision of this Agreement; and further provided the City shall meet and confer in accordance
with state law regarding the adoption of such general orders.
ARTICLE XXII
WAIVER OF BARGAINING
DURING TERM OF THIS AGREEMENT
During the term of this Agreement, the parties mutually agree that they will not seek to
meet and confer with regard to wages, hours, and terms and conditions of employment, whether
or not covered by this Agreement or in the meet and confer process, except as otherwise
provided for in this Agreement; thereto, and irrespective of whether or not such matters were
discussed or were even within the contemplation of the parties hereto during the meet and
confer process leading to this Agreement. Regardless of the waiver contained in this Article, the
parties may, however, by mutual agreement, in writing, agree to meet and confer about any
matter not specifically provided for in this Agreement during the term of this Agreement.
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, flood,
insurrection, civil disorder, national emergency, or similar circumstances; provisions of this
Agreement or the Personnel Rules or Resolutions of the City, that restrict the City's ability to
respond to these emergencies shall be suspended for the duration of such emergency. After
the emergency is over, the Association shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of these provisions in the Agreement and
any Personnel Rules and Policies.
31
' Formatted: Font: Bold
Deleted: General Orders
r
Formatted: Font: Bold
Formatted: Font: Bold
Deleted: Union
Should any provision of this Agreement be found to be inoperative, void, or invalid by a
court of competent jurisdiction, or by reason of any existing or subsequent enacted legislation,
all other provisions of this Agreement shall remain in full force and effect for the duration of this
Agreement. This Agreement shall be binding upon the successors and /or assigns of both City
and the ® Association to the extent permitted by law.
ARTICLE XXV
TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2010 and
shall continue in full force and effect until ® December 31, 2012.
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the ,Association acknowledge that this Agreement shall not be in full force
and effect until ratified by the ® Association and adopted by the City Council of the City of
Downey. Subject to the foregoing, this Agreement is hereby executed by the authorized
1 representatives of the City and the Association and entered into this 13th day ofJune,,2011.
,CITY OF DOWNEY:
By:
v Lonald Croom Fire Chief
ARTICLE XXIV
SEPARABILITY
® By:
Sal Piscitelli
Approved as to form:
Y
ette Abich Garcia City Attorney
32
DOWNEY FIREMEN'S ASSOCIATION
(IAFF Local 3473):
By: By:
Irma Youssefieh Human Resources Director Mike Scannell President
By:
J Steve Davis
Vice President
Secreta
By:
v Rob Landers,
Treasurer
r Formatted: Font: Bold
Deleted: Union
Formatted: Font: Bold
Deleted: 2006
Deleted: June 30, 2010
't Formatted: Font: Bold
Deleted: Union
r
Deleted: Union
Deleted: 2007
Formatted: Font: Bold
Deleted: Lee Powell, Assistant City
Manager
I Deleted: Daryl Boyd, President¶
Deleted: Mark Sauter
Deleted: Michael Scannel
Deleted: By:
Deleted: Irma Youssefieh, Personnel
Director
Deleted: Edward Haupt
Deleted: Craig Petersen
Formatted: Tabs: 0.13 ", Bar
Deleted: Union
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE DOWNEY FIREMEN'S ASSOCIATION
Firefighter
Fire Engineer
Fire Captain
Formatted: Centered, Tabs: 0.13 ",
Bar
Page;, 6: [1] Deleted ; iyoussefieh 6/7/2011 10:34 :00 AM
G. Fire Mechanic. One member of the Fire Department, when assigned by the
Chief Engineer to the mechanical repair and maintenance of fire apparatus and vehicles
for over 50% of his hours on duty in each week; and actually engaged in such work over
20 hours each week, shall be compensated at his regular step of the next pay schedule
above the schedule for his class for each pay period during which such assignment is
made.
Page 6: [2] Formatted
Font: Not Bold
Page,! 6: [3] Formatted
Font: Not Bold
Page 6: [4] Deleted iyoussefieh 11/29/2010 1:12:00 PM
a salary additive of 2.75% (effective July 2, 2007, this salary additive percentage
will become 4 %)
Page 6: [5] Formatted
Font: Not Bold, Not Italic
Page 6: [6] Formatted
Font: Not Bold
Page,! 6: [7] Formatted
Font: Not Bold
Page'! 6: [8] Formatted
Font: Not Bold
Page'! 6: [9] Formatted
Not Highlight
Page 6: [ 10] Formatted
Not Highlight
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Page 6: [11] Formatted
Not Highlight
...................................... ...............................
Page 6: [12] Formatted
Not Highlight
Page 6: [13] Formatted
Not Highlight
Page,! 6: [ 14] Formatted
Not Highlight
Page 6: [ 16] Formatted
Not Highlight
Page,! 6: [ 15] Formatted
Font: Not Bold, Not Highlight
Page 6: [17] Formatted
Font: Not Bold, Not Highlight
Page 6: [18] Formatted
Not Highlight
Page 6: [19] Formatted
iyoussefieh 11/29/2010 1:15 :00 PM >.!
iyoussefieh
iyoussefieh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iyoussefieh
iyoussefieh
iyoussefieh
iyoussefieh
iyoussefieh
iyoussefieh
iyoussefieh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iyoussefieh
iyoussefieh
iyoussefieh
11/29/2010 1:15 :00 PM >.!
6/7/2011 10:37:00 AM !'
6/7/2011 10:37:00 AM
6/7/2011 10:37:00 AM
11/29/2010 1:14:00 PM
11/29/2010 1:14 :00 PM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11/29/2010 1:14:00 PM
................................... ...............................
11/29/2010 1:14 :00 PM
11/29/2010 1:14:00 PM !',!
11/29/2010 1:14 :00 PM >.!
11/29/2010 1:16 :00 PM >.!
11/29/2010 1:14:00 PM
11/29/2010 1:16 :00 PM
11/29/2010 1:14 :00 PM
11/29/2010 1:14:00 PM
Not Highlight
Page 6: [20] Formatted
Not Highlight
Page 6: [21] Formatted
Font: Not Bold, Not Highlight
Page 6: [22] Formatted
Page 6: [24] Formatted
Font: Not Bold, Not Highlight
Page 6: [25] Formatted
Font: Not Bold
Page 6: [26] Formatted
Font: Not Bold
Page 16: [32] Deleted
iyoussefieh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iyoussefieh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iyoussefieh
Not Highlight
Page 6: [23] Deleted !', iyoussefieh !', 11/29/2010 1:16:00 PM !'>
a salary additive of 5.5% (effective July 2, 2007, this salary additive percentage
will become 7.5 %)
iyoussefieh
iyoussefieh
iyoussefieh
iyoussefieh
11/29/2010 1:14:00 PM ?'
6/7/2011 10:42:00 AM
6/7/2011 10:42:00 AM
6/7/2011 10:42 :00 AM
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6/7/2011 10:42:00 AM
Page 6: [27] Formatted
Not Bold, Not Italic
......................................... ...............................
Page 7: [28] Deleted iyoussefieh 6/7/2011 10:46:00 AM
Section 1. The regular work week for suppression personnel covered by this
Agreement shall be an average of fifty -six (56) hours per week under a three (3) platoon
24 -hour shift schedule as now exists. Fire Prevention Bureau and administrative
personnel shall work a forty (40) hour work week. The Fire Chief has the authority to
assign employees to Fire Prevention Bureau and /or administrative duties.
Page! 7: [29] Deleted iyoussefieh 6/7/2011 10:46:00 AM >.!
Section 2. The Chief will establish an experimental shift known as the "9/80" or
the 4/10" for the Fire Prevention Bureau. The Chief reserves the right to alter this shift
assignment to provide adequate coverage. The Chief may, at his sole discretion, elect
to revert back to the traditional 5 -day, 40 -hour workweek. Sick leave and vacation
accrual will remain the same. Sick leave and vacation usage will be on an hour - for -hour
basis. Overtime pay practices will remain the same; eligibility for overtime pay will be
based on hours worked in excess of normal 80 -hour schedule in a two -week work
period.
Page 7: [30] Formatted iyoussefieh 6/7/2011 11:50:00 AM
Indent: Left: 0.44 ", Hanging: 0.31", Numbered + Level: 1 + Numbering Style: a,
b, c, ... + Start at: 1 + Alignment: Left + Aligned at: 0.44" + Tab after: 1.1" +
Indent at: 1.1", No widow /orphan control, Tabs: 0.75 ", List tab + Not at 1.08" +
1.1"
Page 7: [31] Formatted iyoussefieh 6/7/2011 11:49:00 AM
Indent: Left: 1.13 ", Hanging: 0.19 ", Numbered + Level: 1 + Numbering Style: i,
+ Start at: 1 + Alignment: Left + Aligned at: 1.08" + Tab after: 1.58" +
Indent at: 1.58 ", No widow /orphan control, Tabs: 1.38 ", List tab + Not at 1.58"
iyoussefieh 11/29/2010 2:14 :00 PM
Maximum Time Allowance (Working Days)
Before Additional After
Years of Service Reimbursement Reimbursement Total
1 through 5 30 15 45
6 through 10 45 23 68
Over10 60 30 90
B. Application for disability leave shall be made by the employee through the
department head, to the City Manager, accompanied by full medical justification from a
physician chosen by the City at the discretion of the City. Failure to submit to such an
examination shall be a basis for terminating disability leave. For purposes of this
Section, twelve (12) hours shall constitute one workday for 56 -hour personnel. If the City
Manager approves the application, he shall notify the employee, in writing, of such
approval.
C. After the employee returns to work, the employee shall reimburse the City
one -half (1/2) of the time used for such employee disability leave at a minimum rate of
one -half (1/2) day of sick leave per month; or may contribute vacation or holiday time to
accelerate employee's reimbursement to the City for providing the benefits under this
Article.
D. When the "maximum time allowance" has been reimbursed as set forth above,
the employee shall be eligible to apply for additional disability leave on the basis of one
(1) day's leave for each half (1/2) day reimbursed to the City; provided that no employee
shall receive more than the "total" set forth above for his length of service during his
entire employment with the City.
E. Grounds for termination of disability leave by City Manager shall include, but
not be limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The disability leave was procured by fraud, misrepresentation, or mistake.
3. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence or
continuing nature of the employee's disability.
Page 19: [33] Deleted iyoussefieh 6/7/2011 2:15 :00 PM
The City will continue to pay up to $31.95 per month for a dental plan for the
employee and family. Effective upon the execution of this agreement (benefit
Year 2007), the City agrees to increase the maximum benefit under the Delta
Dental coverage from $1,000 to $2,000 for each enrollee per calendar year. The
city agrees to absorb any increase in cost and the association agrees that the
employee's contribution will continue to be $44.45 per month. The City and
Association agree that the City's contribution amount will be capped at the
amount equal to the premium to be effective July 1, 2008 minus the employee
contribution of $44.45.
Page 19: [34] Formatted iyoussefieh 6/7/2011 2:16:00 PM
Font: 11 pt, Not Bold, No underline