HomeMy WebLinkAboutResolution No. 22-8073 - Adopting MOU btwn City and DFA (2023-2025)OW9111AWK61110[ld I we]= 9: l_:KGJkWM01=1 0
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WHEREAS, the City of Downey, hereinafter referred to as "City," and the City of Downey
Firemen's Association hereinafter referred to as "DFA" have met and conferred in accordance
with the requirements of the Meyers-Milias-Brown Act and Employee Relations Ordinance 1118;
and
WHEREAS, the City and the DFA have memorialized the Agreement in a written
Memorandum of Understanding.
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SECTION 2. The Director of Human Resources is authorized to sign the Memorandum
of Understanding.
APPROVED AND ADOPTED this 14 1h day of June, 2022.
NC ACHECO, Mayor
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular meeting held on the 14 th day of June, 2022, by the following
vote, to wit:
AYES:
Council Members:
Frometa, La Plante, Trujillo, Alvarez, Mayor Pachect
NOES:
Council Members:
None.
ABSENT:
Council Members:
None.
ABSTAIN:
Council Members:
None.
111111 1 FIRMS EIK�
ii
MEMORANDUM OF D - Ar
ua
Table of Contents
ARTICLEI ...................................... ......
1
RECOGNITION ............................ ......
1
ARTICLE11 ....................................... ____ ......
1
NON-DISCRI MI NATION ............ ......... ........
1
ARTICLE III ...................................
2
BASIC COMPENSATION PLAN ..................................... ......
2
Section 1. Salary Increases ................................................. ......
......... 2
Section 2. Plan of Salary Schedules .............................................
2
Section 3. Eligibility for Merit Salary Advancement . ...............
3
Section 4. Salary Schedule Step Reduction ........................ ......
......... 3
Section 5. Special Pay and Assignment .......................................
4
A. Longevity Pay ................................................................. .....
........ 4
B. Uniform Allowance .............................................................
4
C. Out -of -Rank Pay ........... ...................................... ......................
5
D. Paramedic Pay ............................................................. ......
5
E. Fire Prevention Bureau Assignment .......................
6
F. Shift Training Officers ....................................................... ......
...... 6
G. Emergency Medical Services (EMS) Coordinator ........
6
H. Deputy Fire Marshal/Hazardous Materials
6
I. Arson Investigator .......................................................... _ .............
6
J. Equipment Coordinator ......................................................................................
7
K. Training Coordinator ..................................................................... ...........
. _.. _. 7
L. Technical Development Incentive Pay ...........................................................
7
M. Bilingual Pay ............................................................................................
8
N. Emergency Medical Technician (EMT) Certificate Pay ............................
8
0. Calculating the Value of Reportable Special Compensation to CalPERS...,.....
8
ARTICLE IV ........................................
9
WORKSCHEDULE .........................................................................
9
Section 1. Suppression Personnel ...................................................................
9
Section 2. Fire Prevention Bureau and Administrative Sworn Personnel ..........
9
ARTICLEV .................................................. ...............................................................
- 10
MINIMUMMANNING ............................................................................................
.... 10
Section 1. Minimum Fire Suppression Platoon Strength .................................
_,_ 10
Section 2. Filling of Temporary Positions .........................................................
." _ 11
Section 3. Promotion from Temporary Fire Engineer to Fire Engineer .............
__. 12
Section 4. Promotion from Temporary Fire Captain to Fire Captain .......................
12
ARTICLEVI ..............................................................................................................
12
OVERTIMEPROVISIONS .................................................................. .................
12
Section 1. Compensation for Overtime ......................................................... ........
12
Section2. Policy.................................................................... ................... ......
__ 12
Section 3. Call -Back Overtime . .......................................................................
__ ... 12
Section4. Administration ....................................................................... .........
- .... 13
Section5. Training .............................................................................................
. ... 13
Section 6. Compensatory Time Off ........................ ................... I— ... I .......
. 13
ARTICLEV11 ................................ - ....... ....... _ ...........
...... 13
HOLIDAYS .............................................................. .........
13
ARTICLE Vill ................................................................
14
VACATION................................................................ .....................14
ARTICLE IX .................................................................
14
LEAVE OF ABSENCE .............................................
14
Section 1. Leave of Absence Without Pay ...........
14
Section 2. Written Notice of Return ............................
...... .... 15
Section 3. Outside Employment ...........................
15
ARTICLE X .................................................................
15
OTHER LEAVES OF ABSENCE .............................
...... 15
Section 1. Sick Leave ................................................... ...... ........
15
Section 2. Use of Protected Sick Leave ............... ---- ....... ...........
15
Section 3. Sick Leave Deposit at Retirement. .........
16
Section 4. Bereavement Leave . ............................. ...... .......
17
Section 5. Leave Entitlements ...............................
17
Section 6. Workers' Compensation Injury on
17
Section 7. Employee Disability Leave . ....................... ....... ............
17
Section 8. Military Leave ..........................
18
Section 9. Jury Duty .................................
18
ARTICLEXI ..................................................................... ............
........ 19
FRINGE BENEFIT ADMINISTRATION... .....
19
Section 1. Administration . ............... ......... ........
19
Section 2. Selection and Funding ............. ...... .........
19
Section 3. Changes .................................. ..........
19
ARTICLE XII....................................................... ......
19
HEALTH, DENTAL AND LIFE INSURANCE.-........- ...
19
Section 1. Medical Insurance ................... .................................
19
Section 2. Dental Insurance .....................
21
Section 3. Life Insurance .......................... .......... .......
21
ARTICLE Xill .................................................... .......
21
RETIREMENT ..............................................
....... .... 21
Section 1. California Public Employees' Retirement System Coverage.
21
Section 2. Retirement Formula and Contributions ...................................
21
Section 3. City Contribution to Retirement Health Savings (RHS) Plan—...,....
22
ARTICLEXIV ..................................................................................................
--- 24
TUITION REIMBURSEMENT .......................................................................
...... 24
Section 1. Reimbursement Rates ...........................................................
...... 24
ARTICLEXV ................................................................ ..................................
...... 24
PROBATIONARY PERIOD .......................................................................
24
ARTICLEXVI ....................................................................................................
25
SENIORITY.................................... ....................................................................
25
ARTICLEXVII ..................................................................................................
....... 25
CITY RIGHTS ....................................................... ................ ....................
25
ARTICLEXVIII .............................................................................................. --
27
EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ......
...... ..... . 27
Section1. Dues Deductions ...........................................................................
--- 27
Section 2. Indemnification. .,.. - . ............... ....... 27
ARTICLE XIX............................... . ...... -
— - — — 27
NO STRIKE - NO LOCKOUT........ .................. ....... ...... ..........
27
ARTICLEXX ............................ ....... ......
GRIEVANCE PROCEDURE--.. ......... ......
28
Section 1, Grievance ................ ...........
28
Section 2. Conduct of the Grievance Procedure. ....
29
Section 3. Grievance Procedure Steps .................... ........
.......... 29
ARTICLEXXI ...................................... ...................... — ........ ...... ......
31
MISCELLANEOUS ..... ............... .............................
31
Section 1. Substance Abuse Policy ............ ........
31
Section 2. 125 Plan ...................................................
32
Section 3. Filling and Vacating Assignments ....... .......................................
32
Section 4. Examination Observer .................. --- ......
32
Section 5. No Smoking Policy ................... ......... - ......
33
Section 6. Court Time Pay.. .... — ..........................................................
33
ARTICLEXXII ........................................................... ...................................
33
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ................
33
ARTICLEXXIII.............................................. .................... ....................... . .
34
WAIVER OF BARGAINING DURING TERM OF THIS MEMORANDUM OF
UNDERSTANDING ........ - ............
....... 34
ARTICLE XXIV ......................................... ......
........ 34
REOPENER....................................... ............ ........
34
ARTICLE XXV ........................................
34
EMERGENCY WAIVER PROVISION..... ....
34
ARTICLE XXVI ........................................ --- .......
........ .35
SEVERABILITY .....................................
35
ARTICLE XXVII ...................................... ...... ...............
... 35
TERM OF THIS MEMORANDUM OF UNDERSTANDING ....................
35
ARTICLEXXVIII................................................. ................ .................
36
RATIFICATION AND EXECUTION.. ...... - .......... .......... ......... ............. ......
36
EXHIBITA.... ......... .................... -- ...... ........................ .................
37
CLASSIFICATIONS REPRESENTED BY THE DOWNEY FIREMEN'S
ASSOCIATION................... - ..... .............. .................... -- .......................
37
PAYSCHEDULE ................... ........... ......................... .................. --- ......
......... 37
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
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 Aeaooiabon/lAFF
Local 3473 (hereinafter oo||ed the ''Ammociabon")emmejorityrepresentative of smornfire
department personnel including the n|ooeificeUone of Firefighter, Fire Engineer, Fire Ca[dein,
and excluding all management onnp|oyemn of the Fine Department. The City has recognized the
Association for the purpose of meeting its obligations under the Meyers- K8i|/ma'Brom/n A(t,
Government Code Section 3500 et eeq., and the Employee Relations Ordinance of the City
when City ru|em, noQu|abnnn or laws affecting wages, hours or other terms and conditions of
employment are amended orchanged.
U.-tKOTM
Section 1' The parties mutually recognize and agree to protect the rights of all
employees to join and/or participate in protected Association onbxides or to refrain from joining
orparticipating inprotected activities inaccordance with the Employee Relations Resolution and
Government Code Sections 35DOand 3511.
Section 2. The Association and the City agree that they ohe|| not discriminate against
any employee because of nace, religious creed, oo|or, national origin, annesbry, physical
dioabi|ity, mental dieabi|ih/, medical condition, genetic infonmebon, marital etabua, oeu, gender,
gender identih/, gender expression, ago, sexual orien(mdmn, or military and veteran status. The
City and the Association mhe|| reopen any provision of this Memorandum of Understanding for
the purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring m modification or change in any provision or provisions of this
Memorandum of Understanding in compliance with State or Federal anti -discrimination laws.
The City and Association also agree to comply with applicable Federal and State laws and
regulations regarding the employment ofthe disabled.
Section 3' Whenever the masculine gender is used in this Memorandum of
nNLO1;1I24 K;M PIOL I ("MOU1111 IN 1 0 IM-71 H Sol IMUMVIM-0171-
A. Salary Increases
1 . Effective the start of the pay period that includes January 1, 2023, a four percent
(4%) • the board •. range increase.
2. Effective the start of the •. period that includes January 1, 2024, a '• percent
(4%) across the board pay range increase.
3. Effective the start of the pay period that includes January 1, 2025, a four percent
(4%) • the ••.:• pay •- increase.
4. The City shall make a • ad • lump sum payment of twenty-five hundred
dollars ($2,500.00) to each member of the Association covered by this MOU who
are actively employed • the City • the date the MOU is adopted by the City
• and remain employed at the •. • the payment. The •. shall •'
•- • • r-•• during the workweek beginning January 16, 2023. The
one-time ad hoc payment paid is unconnected to performance and shall not be
reflected on any City pay or salary schedule, shall not be the basis for any future
negotiated salary increases, and shall not be reported as compensation
earnable.
A. Description • • The • plan • of a set • month ' sa
schedules. Each of such schedules is designated by a schedule number. Each step ga I I bl:
five • one-half percent (5.5%) increment. Each schedule •: of five (5) steps of •
compensation, each • which is designated • step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a
• rate shall •- computed by • fifty-six (56) • •- week • fifty-two (52)
weeks in a year which results in an annual figure of two thousand nine hundred twelve (2,912)
• The monthly rate shall •- multiplied • twelve (12) and divided • two thousand nine
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1. Salary step increases shall beconsidered onamerit basis only, and then only at
the following times, and in accordance with B below.
2. All full-time appointments, temporary and permanent, shall temade adthe first
step of the oo|arV schedule assigned that o|aos, unless prior written approval of
the City Manager is obtained for appointments at a higher step in the assigned
schedule. In the event of promotion where the starting salary schedule is below
that of the employee's present salary c|aaeifioation, the employee mhoU receive o
minimum-offive-andone-half pancant(5'596) salary increase-ortonext full
salary step.
3. No salary advancements shall be made to exceed the maximum rate established
in the salary schedule for the class to which the employee's position is allocated.
Y. Advancement shall not be automatic but shall be based upon nnerd, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of aen/ica, performance naoonJ.
special training undertaken, and other objective evidence.
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.
IL Every employee shall receive an objective, written job performance retnQ, no
sooner than three (3) mxaeho befnre, and no later than five (5)vvodking days
before the date of eligibility for each salary step or hourly increase, and annually
thereafter, and upon a change ofemployment status. Nothing in this Section
shall prohibit the deportment heod, or an authorized supen/isor, 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. Anemployee shall be rated by his immediate supervisor and
that rating shall be reviewed bythe division heed as well osthe department
head.
Section 4. Salary Schedule Step Reduction. Whenever enemployee's work
performance ha||e below the level for which a step increase was grenh*d, an employee's
authorized pay may be reduced to the employee's previous step naba 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.
OR. Ii. 11712 0
A. Longevity Pay. As early as at least July 1, 2011, regular employees who ha
completed ten (10) and twenty (20) years of service with the City of Downey have and sh
continue to receive longevity pay calculated at a percentage of the base hourly rate of pay
follows:
Service Cgrrivensation "gi
10 years 5.5000%
20 years 8.4020%
Effective February 13, 2017, the completed service levels of five (5) years and twenty-
five (25) years shall be added as follows:
5 years 2.7500%
25 years 13.0000%
Eligible employees shall only receive one of the above referenced Longevity Pay
adjustments at any one time.
1. The City shall provide two sets of station uniforms (pants and shirt) every year
and one Class A uniform to all sworn personnel. The City may replace uniform
items due to damage at the discretion of the Fire Chief or his designee. Upon
promotional placement, the City will provide employee with additional uniform
accessory items as authorized by the Fire Chief. The parties agree that effective
July 1, 2011, the average annual cost incurred by the City for the purchase
and/or rental, and maintenance of employee uniforms will be reported as special
compensation pursuant to Section 571(a)(5) of the CalPERS regulations. The
amount reportable for the purchase and/or rental and maintenance of uniforms is
$418.27 per employee. This amount is based on the average annual cost paid for
by the City for each employee over the previous three fiscal years (FY 2014-
2015, FY 2015-2016, and FY 2016-2017). The annual amount shall be reported
at the rate of $16.09 per bi-weekly pay period.
2. Sworn fire personnel will receive one hundred and seventy-five dollars ($175.00)
per year for the purchase of uniform accessories, physical fitness attire, and night
wear clothing, as defined by the Department's administrative procedure covering
uniforms. The Fire Chief will establish a list of accepted uniforms for all activities.
3. All sworn fire personnel shall receive fifteen dollars ($15.00) per month for
uniform and accessory maintenance, as defined by the Fire Chief.
4. Sworn fire personnel assigned to the Fire Prevention Bureau shall be paid two
hundred dollars ($200.00) per year for uniform purchases and twenty dollars
($20.00) per month for uniform and accessory maintenance, in lieu of 2 and 3
above.
5. In addition to the reportable amount in Section B. 1 above, in December 2014, the
parties agreed that a change in the payment method for uniform allowance from
yearly to bi-weekly was necessary to comply with CaIPERS regulations for
reporting purposes; therefore, effective the pay period that began December 22,
2014, the annual uniform allowance total of three hundred fifty-five dollars
($355.00) (total of Sections B.2 and B.3 above) converted to thirteen dollars and
sixty-five cents ($13.65) bi-weekly and will be included in the employee's regular
bi-weekly payroll. For an employee assigned to the Fire Prevention Bureau in
accordance with 4 above, the yearly amount converts to sixteen dollars and
ninety-two cents ($16.92) bi-weekly.
6. Uniform allowance will be included in the employee's regular bi-weekly payroll
paid —via direct- deposit.- The parties understand that —uniform --allowance,—as
provided in Sections B.1 and 6.5 above, for employees who are "new members"
under the Public Employees' Pension Reform Act of 2013 ("PEPRA")
Government Code Section 7522 et. seq.) is not reportable to CalPERS as
7. Each member shall provide their own linens hsheetn, pillowcases 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.
C. Out -of -Rank Pay' Any employee covered by this Memorandum of Understanding,
who is assigned out of classification to noo9Vnoibi|iUen and duties of position or rank above
that which they normally hold for a minimum of one (1) hmur, 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.
i. An employee assigned as a Paramedic shall receive seventeen percent (17%) as
additional compensation upon paramedic certification and licensing.
It is the responsibility of the employee to maintain a valid paramedic license
under this provision to qualify for this pay. Should an employee receiving
Paramedic Pay no longer maintain e valid qualifying |icense, he must
immediately contact the shift Battalion Chief to provide such notification.
3.The City will pay the cost ofrecertification with the State and Los Angeles County
accreditation for all ernpkzVaen regardless of whether they are currently
functioning as a Paramedic. For those employees who are not actively
functioning as a Porennediu, the cost does not include continuing education or
any related nwedinno.
E. Fire Prevention Bureau Assignment. Firefighters and Fire Engineers who are
assigned to the Fire Prevention Bureau shall have his base salary increased by eleven percent
(111%) for as long as they are so assigned. Firefighters/Paramedics who are assigned to the Fire
Prevention Bureau shall receive either eleven percent (111 %) or their existing Paramedic Bonus,
whichever is greater, if they are so assigned.
F. Shift Training Officers. 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 (5.5%) 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. The Shift
Training Officer is a three (3) year commitment. The Shift Training Officers are required at all
times for the success of the department. Any new vacant Shift Training Officer position shall
have an open selection process- The Fire Chief shall have the authority to modify the term of
this assignment based on operational needs.
G. Emergency Medical Services (EMS) Coordinator. The Fire Chief shall have the
authority and discretion to designate and/or remove any Fire Captain as an EMS Coordinator.
The Fire Chief mw�j designate Qnl;�, one .11), Fir -
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 his regular rate of pay while being assigned as the EMS
Coordinator. Removal from the assignment of EMS Coordinator shall not be considered
disciplinary action. An EMS Coordinator is required at all times for the success of the
department.
H. Deputy Fire Marsha I/Haza rdous 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
'K;��oTarlwirz ?Fit
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 compensation
above his regular rate of pay while being assigned as the Hazardous Materials Supervisor.
Removal from the assignment of Hazardous Materials Supervisor shall not be considered
disciplinary action.
1. Arson Investigator. The Fire Chief may in his discretion designate any employee to
serve as an Arson Investigator. One employee per shift may be so designated. The Chief will
also have the authority to establish the job requirements and duties for this assignment. An
employee designated and assigned as Arson Investigator shall receive five and one-half percent
(5.5%) as additional compensation above the base hourly rate of pay while so assigned.
Employees designated as Arson Investigator shall serve at the discretion of the Chief and
removal from the assignment shall not be considered disciplinary action. Any new vacant Shift
Arson Investigator position shall have an open selection process. The Fire Chief shall have the
authority to modify the term of this assignment based on operational needs.
The employee designated and assigned the Equipment Coordinator shall receive, five and on
half percent (5.5%) as additional compensation above his regular rate of pay while I
assigned as the Equipment Coordinator. Removal from the assignment of Equipme
Coordinator shall not be considered disciplinary action. The Equipment Coordinator is a thr
iucc
(3) year commitment. An Equipment Coordinator is required at all times for the success of t
K.Training Coordinator. The Fire Chief shall have the authority
designate and,lor remove any Fire Captain as a - 40-Hour Training- Coordinator, The Fire Chief
may designate only one (1) Fire Captain as a 40-Hour Training Coordinator. The Chief will also
have the authority to establish job requirements and duties for the assignment of the 40'Hour
Training Coordinator. A Fire Captain designated and assigned as the 40-Hour Training
Coordinator shall receive five and one-half percent (5.5%) as additional compensation above his
regular rate of pay while being assigned as the Training Coordinator. Removal from the
assignment of Training Coordinator oho(| not be considered disciplinary action. The 40 Hour
Training Coordinator is m three (3) year commitment. The 40 Hour Training Coordinator is
required otall times for the success ofthe Department.
L. Technical Development Incentive Pay. To acknowledge and recognize the
individual efforts nfemployees aa they seek to improve their perfonnamce, these incentives are
available to those employees covered by this Memorandum of Understanding who have
successfully passed their probationary period and meet the following criteria:
f. Technical Developme,nI Level One. Effective the start of the pay period
that includes January 1, 2015, an employee covered by this Memorandum of
Understanding who (1) has anAssociate's degree from on 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 techno|o0y, five mckanoe, fire
administration, or fire engineering courses as defined in the course catalogue of
an accredited college mruniversity, mheU receive five percent (596) as additional
compensation above his regular rate ofpay.
2. Technical Development Pay Level Two. Effective the start of the pay period
that includes January 1. 2015, on employee covered by this Memorandum of
Understanding who (1) has Bachelor's degree from an accredited college or
university with course work relative to the fire service OR (2) completed the
requirements of Pay Level One AND completed fifteen (15) units of fire
tmohno|ogy, fire ec/ence, fin* adnminimtration, or fire engineering courses as
defined in the course catalogue of on accredited college or university AND
completed the California State Chief Officer Certification ouniou|um, shall receive
eight and one-half percent (8'596) as additional compensation above his regular
rate ofpay.
3. Additional Reguh*rrt"Ls jpgLorjjft��
a. General education units may be substituted two for one for the equivalent of
one fire technology course in Pay Level One and Two.
lb. Fire Officer and Chief Officer courses may not be used for units in Pay Levels
One and Two.
c. 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 maintain this requirement.
d. Twenty (20) years of service to the City may be substituted for four (4)
technology courses.
e. Employees are eligible to receive Level One or Two, but not simultaneously.
M. Bilingual Pay. Effective February 13, 2017, employees required to speak or
translate Spanish, or other language designated by the City Manager, as part of their regular
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 certified interpreter, or an employee who has
been certified by the Fire Chief to administer such examination.
N. Emergency Medical Technician (EMT) Certificate Pay. Employees covered by this
Memorandum of Understanding shall receive additional compensation of five percent (5.0%)
above their regular rate of pay for a valid EMT certificate. 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.
0. Calculating the Value of Reportable Special Compensation (Spec Comp) to
CalPERS. Beginning or earlier than July 1, 2011, the value of the following special
compensation items have been calculated using a compounding method that calculates them in
the following order: (1) Longevity Pay (10 & 20 years); (2) Emergency Medical Technician
(EMT) Pay; (3) Technical Development Pay; (4) Paramedic Pay; (5) Special Assignment [a.
Shift Training Officer Pay; b. Fire Prevention Bureau Assignment Pay; c. Emergency Medical
Services (EMS) Coordinator Pay; and d. Equipment Supervisor Pay]. Any other special
compensation items are not included in the compounding calculation.
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first, as
the applicable percent of the base hourly rate of pay. For each additional special compensation
item on the list above, the value shall be determined by multiplying the next one received in the
above order as a percentage of the base hourly rate of pay plus the value of the special
compensation items already calculated under this method.
For purposes of calculating the value of special compensation for those items that ac
reportable to CalPERS using the compensation method, an example of a two week pay peri
(112 hours) is as follows: I
1. Longevity Pay (8.4020%) Reportable Spec Comp Earnings $ 340.02
2. EMT Pay (5.00%) Reportable Spec Comp Earnings $ 219.34
I BA Tech Dev Pay (8.50%) Reportable Spec Comp Earnings $ 391.53
4. Shift Training Officer Pay (5.5%) Reportable Spec Comp Earnings $ 274.88
Section 1.Hours mf Work — Suppression Personnel. Suppression personnel covered
by this Memorandum of Understanding shall vmrh on average of fifty-six (56) hours per work
week under a three (3) platoon twenty-four (24) hour shift basis. Meal periods will be considered
time worked pursuant hmthe Fair Labor Standards Act (FLSA).
A. "48/96 Schedule." Fire suppression personnel shall continue to work the schedule
known as the ^48/86 Gnheduhn.^ The ^48/98 Schedule" consists of two (Z) twenty-four (24) hour
consecutive days of scheduled work followed by ninety-six (9&6) hours of consecutive time off
duty. The parties agree to o twenty-four(24) day FLSAwork period that is subject to the partial
nvedirna pay exemption met forth in Section 7(h) of the FLGA. Components of this work
schedule are eafollows:
Y' There is no change to overtime pay practices as described in Article V1 of this
Memorandum of Understanding.
The daily work activity schedule for the "48/96Schedule" shall beincluded in Fire
Department Administrative Policy, Volume 1 — Rules, Regulations and
Flesponeibi|idem. Chapter 8, Section 1, which is hereby incorporated by
reference. The policy ehm|| provide that the mded and end times of the daily work
activity schedule, the list of assigned duties, their allocated times and the order of
performance of said duties may be changed only pursuant to the meet and
confer process.
B. Sick leave and vacation usage will be on an hour -for -hour basis, irrespective of what
work schedule is employed,
Section 2. Hours of Work — Fire Prevention Bureau and Administrative Sworn
Personnel. Fine Prevention Bureau and administrative personnel shall work mforty (40) hour
work week under a 4/10 weekly work schedule that consists of four (4) consecutive work days of
ton (10) working hours each excluding the meal perind, followed by three (3) consecutive days
off. At the Fire Chief's discretion an employee who so requests may be permitted to work either
a 5/40work schedule ora 9/8Owork schedule.
A. "5/40 Schedule." The 5/40 weekly schedule consists of five (5) consecutive W012
it of eight (8) working hours each not including the meal period, followed by two
B. 119180 Schedule." The 9/80 weekly schedule consists of alternating weekly
schedules, one of which consists of four (4) consecutive work days of nine (9) working hours
each not including the meal period, followed by three (3) consecutive days off, and the other of
which consists of five (5) consecutive work days of which four days consist of nine (9) working
hours each not including the meal period and one consists of eight (8) working hours each not
including the meal period, followed by two (2) consecutive days off. The FLSA work period for
this work schedule is seven (7) days and shall begin four (4) hours into the eight (8) hour
scheduled work day.
D. Sick leave and vacation usage will be on an hour -for -hour basis, regardless
�chedule worked.
3
WMEE�'�
MINIMUM MANNING
1 Captain or qualified relief
1 Engineer or qualified relief
1 Firefighter
1 Captain or qualified relief
1 Engineer or qualified relief
2 Firefighters
The minimum Fire Suppression Platoon strength for the Paramedic Engine service
delivery model is the following:
Engine Companies with: 1 Captain or qualified relief
1 Engineer or qualified relief
2 Licensed Firefighter/Paramedics
iTruck Company with: 1Captain orqualified relief
1 Engineer orqualified relief
2 Firefighters
The two Firefighters staffed on the Truck Company shall not be separated from the
Truck Company for non -emergency assignments unless the Battalion Chief determines an
emergency operational need exists.
A. When an employee has filed for retirement benefits through proper channels and has
officially been placed on "Injury On Duty" ("KJOl, said omedon shall be filled from the
appropriate eligibility list on a temporary basis. -
B. Promotions from temporary to permanent status ohoU 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 nnard increases from the temporary
appointment date.
D. Promotional examination dates shall be as follows:
A Fire Engineer examination and certification ofaneligibility lisdviUbeconnoletedbv
March 311 of each even numbered year. Such eligibility |hd shall expire on the
administration date of the next scheduled promotional written exam.
examination and certification of an eligibility list will be completed by
K8arth31m of each odd numbered year. Such eligibility list shall expire on the
administration date of the next scheduled promotional written exam.
E. An interim eligibility list for Fire Engineer or Fire Captain may, at the discretion of Fire
Chief, be established if the current eligibility list(s) in exhausted prior to June 1st of the year
preceding the regularly scheduled exam.
F. When an interim examination occurs pursuant to E oboue, the following conditions
will be followed:
Y. The regularly scheduled exam for that classification will be held by March of the
appropriate year pursuant toOabove.
2. Three (3) months notification will be given prior to the written exam date.
Notification will follow the same format asmregularly scheduled exam.
3. The exam will have the same components as the most recent examination given
for that classification (e.g. for Fine 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 aunoeomfu||y complete the regularly scheduled exam to be eligible
for promotion. Lists will not be merged.
Section 3. Promotion from Temporary Fire Engineer to Fire Engineer.
Notwithstanding the provisions of Part Vill, Article III of the Personnel Management Rules and
Regulations to the contrary, this provision 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.
Lei 41 1 16W W] I Ito 10"41110111w- Iloilo 11 11, IWIN-11 1 61 w I all Air-] a) a I go] A i
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-VenWMVZWt t p't
those calculations. Overtime shall be paid on all hours worked outside of an employee's
regularly assigned work schedule. 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 Fire Chief or his designee.
A. Employees covered by this Memorandum of Understanding 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 is (4) hours at the overtime rate of time and one-half
(1.5) the employee's regular rate of pay. Hours worked in excess of the four (4) hour 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
12
of a regular shift shall not be eligible for the call-back minimum but shall be paid for hours
actually worked.
Section 4. Administration. Overtime work shall be distributed as equitab!y EN
practicable over the term of this Memorandum of Understanding among those employees in tri
same classification.
Section 5' Training. City designated
employee's work time shall be compensated in
paid where safety personnel are designated
employee to remain ovarnight, and the City
departmental policy.
Qection 6. Compensatory Time Off.
job training on am time off or on
/ accordance with FLSA. No overtime shall be
to participate in training which requires the
pays per diem expenses in accordance with
A. Compensatory time may be granted to employees in lieu of overtime pay in
accordance with Flna Department Administrative Po|ioy, Volume 1, Chapter 3, Section 5, which
is hereby incorporated by reference. An employee wishing to bake compensatory time off must
obtain the prior approval of his supervisor. When o supervisor requests that mn employee take
compensatory time off, employee needs must beconsidered and reasonable notice given bythe
supervisor tothe employee. The need for calling in personnel for minimum manning shall not
alone justify disapproval ofthe employee's compensatory time off.
B.Employees may cash out earned compensatory hours bygiving sufficient notice to
the Fire Chief and the Finance Department. The maximum amount that a forty (40) hour per
week employee may accumulate is three hundred (300) hours. Pursuant to FLSA, the maximum
amount that a fifty-six (56) hour employee may accumulate is four hundred eighty (480) hours.
Section 1. In lieu of receiving holidays off, each fifty-six (58) hour employee covered by
this Memorandum of Understanding shall receive one hundred thirty-two (132) hours off with
pay each year that ehmU be scheduled in accordance with Fine Department Administrative
Po|ioy, 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
bygiving sufficient notice hothe Fire Chief and the Finance Department.
Section 2. Employees assigned to aforty (40) hour schedule will receive eleven (11)
holidays per year. For each ho|idoy, the employee will receive eight (8) hours of holiday pay if
the holiday falls on the employee's scheduled work day and eight (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 onwhich City Hall isclosed inrecognition ofthe holiday.
13
•
Section 1. Employees covered by this Memorandum of Understanding shall accr
vacation • • a monthly basis as follows:
Years of Service Wliour enI0qygg $0-hour e
0-3
10 hours
6.7 hours
4-5
12 hours
8.0 hours
6-10
15 hours
10.0 hours
11 -15
17 hours
11.3 hours
16-20
20 hours
13.4 hours
Section 3. Maximum • An employee who has a balance • accumulat]
vacation that exceeds the Maximum Accrual shall not be entitled to accrue additional vacati
until the employee's vacation balance falls below • at least their monthly annual accrual rat
but • no greater than the Maximum Accrual.
Section 4. When an employee, who has become entitled to receive vacation under this
Article, separates from City service either • retirement, layoff, or termination, the employee
separation.
Section 1. Leave of Absence Without Pay. The City Manager may grant a permanent
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
Human Resources Office of the City. Upon expiration of a regularly approved leave, the
department shall reinstate the employee in the position held at the time leave was granted. The
employee shall report 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 medical, dental, and employee assistance program
14
(EAP) premiums directly bothe City to maintain those benefits during an approved leave of
absence without pay.
Section 3. Outside Employment. An employee who engages in outside e e
during said leave of absence shall be subject to termination. Any employee who falsifie
reason for the request of said leave of absence or any extension of such leave of absence m
be terminated for falsifying such request.
A. Sick Leave Accrual. As soon as practicable, sick leave shall be accrued bi-weekly
based on the following monthly rates:
56-hourper week personnel — twelve (12) hours accrual each month
40-hour per week personnel - eight (8) hours accrual each month
B. Sick leave ohmU accrue without any limit on the number nfhours an employee is
permitted to accumulate. When an employee is transferred from n fifty-six (56) hour work week
to a forty (40) hour work week, all sick leave accrued shall be reduced by one-third (.333); when
an employee is transferred from a forty (40) hour work week to a fifty-six (50) hour work week,
all sick leave accrued shall beincreased byone-half (.5O).
Section 2' Use of Protected Sick Leave. Effective the start ofthe pay period which
includes July 1' 2015, the first three (3) shifts or hours equivalent [e.g. thirty (30) hours for
employees assigned to a 4/10 work schedule or seventy-two (72) hours for an employee on the
48/96 work schedule] of paid sick leave taken each twelve (12) month period, for any authorized
purpooe, will be considered mioh leave used pursuant to the Healthy VVorkp|aneo, Healthy
Families Act pf2014(California Labor Code Sections 245-249).The twelve (12)month period io
July 1 through June 3Ofor employees hired prior to July 1, 2015. For employees hired on or
after July 1' 2O15'the twelve (12) month period iethe twelve (12) month period beginning on the
employee's hire dahe, until the following July 1 at which point the employee's twelve (12) month
period will begin the start of the pay period which includes July 1 to the pay period that includes
June3Q.
A. Employees can use sick leave for themselves for preventive care (such as flu shots
qrphysical exams) orcare ofanexisting health condition;
B. Employees can use one-half of all sick leave accrued in the twelve (12) month period
for the diagnosis, care, or treatment of an existing health condition of, or preventive care for, an
employee's ohi|d, panant, spouse or registered domestic partner, sib/ing, panenta-in'|ovv,
grandparent or grandchild. For fifty-six (56) hour per week personnel, seventy-two (72) hours of
sick leave per twelve (12) month period is eligible for such use. For forty (40) hour per week
personnel, forty-eight (48) hours of sick leave per hae|wa (12) month period is eligible for such
use.
C. Employees can use sick leave for specified purposes if they are victims of domestic
violence, sexual assault or stalking as set forth in California Labor Code Section 230(f) and
230.1 (a).
D. To receive compensation while absent on sick leave, the employee shall notify a
designated supervisor prior to or within half an hour of the time set for beginning duty. In all
instances, if an employee is incapacitated, notification shall be waived until a reasonable period
has elapsed. For any such absence, the employee shall file a written statement with the Fire
Chief stating the cause of the absence. When an employee has taken more than three (3)
consecutive work shifts or hours equivalent, the Fire Chief may require a physician's certificate
stating the cause for any subsequent absence before said leave shall be approved by the Fire
Chief unless the absence is for a statutorily protected leave.
E. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the service of the City, except as required by Federal or State law.
F. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment other than employment by
the City for monetary gain or other compensation, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
G. At the written request of the appointing authority, based upon job -related grounds
and consistent with business necessity, the City Manager may require an employee to submit to
an examination bo the Cito's wh &Mt
shall have the opportunity 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 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 the final decision shall be made by the City
Manager based upon the medical evidence submitted to him.
Section 3. Sick Leave Deposit at Retirement. Effective February 10, 2017, an eligible
11TWOrMORIN M-1 i 6 1
- = 6
awarom--romin-UrAgg-g-
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 sicH
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. For covered employees who retire from
the City with twenty (20) years of full-time service, or who retire from City service
due to a physical disability or a psychological disability resulting from a job-
16
related 'injury orillness that renders the employee unable to perform inhis usual
and customary duties of his position, sick leave shall bepaid at the prevailing
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 ofvacation; provided that no
more than one hundred twenty (120) hours [end eighty (SO) hours of sick leave for forty (40)
hour personnel] ofsick leave can beconverted inany one (1)fiscal year.
Section4. Bereavement Leave.
A. Any employee who has suffered m death of an immediate family nnember, may be
allowed bereavement leave with pay not tnexceed six (0)work days per incident onthe basis of
one half(1/2) work day for each month ofregular employment, which is deducted from the
employee's accumulated sick leave. Immediate family aho# include and be limited to the
employee's mmther, fother, bnother, aimter, spouse, chi|d. Qnandchi|d,en, grandparents and
current parent -in-laws.
B. All such claims for bereavement leave are subject to verification by the Fire Chief or
designee.
Section 5. Leave Entitlements. The City will comply with Administrative Regulation #
430 which governs leave that may be taken under the Family and Medical Leave Act (FK8LA)
and the California Family Rights Act (CFRA).
Section 6. Workers' Compensation Injury on Duty' Employees covered by this
Memorandum of Understanding shall be entitled to all rights provided under Section 4850 of the
. K State of California Labor Code, Government Code 21025.2. and other pertinent codes and
ordinances adopted by the State ofCalifornia and 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'o affirmative
action program and is approved by the appointing authority. Nothing herein aheU be construed
to prevent said employee from applying for and competing for positions of higher class or
positions represented by other bargaining units in accordance with applicable laws.
A. An employee that has at least one (1) year ofcontinuous service with the City and
who has exhausted all accrued leave (veoetion, sick -leave, compensatory Unna) due to e non-
industrial illness or injury can be advanced sick kaomm time at the rate of seventy-five percent
(7596) ofthe employee's regular salary according to the following table:
Years of Service Total
1through 5 45
Gthrough 1O 88
Over1U 90
IM
1W
rik"Wel 421,Gyr
111W
terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick -leave time by having the employee's sick leave accrual reduced by
one-half (5) per month or the employee may contribute vacation leave to accelerate
reimbursement to the City for providing the benefits under this Article.
D. When the employee has reimbursed the City the "maximum time allowance" as set
for�
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 the City Manager shall include, but not
be limited to, the following reasons:
3AP
2. The leave is being used as a pre -retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation, or mistake,
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.
F. In the event an employee becomes ineligible 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
W ON NiA"l
L I 1"111ILaly IVY11dLions, Yo Oexermine Tmen sicri MUM briall
be taken.
Section 9. Jury Duty. The City will not provide paid release time for jury duty to
employees in classifications represented by this Association. If the State and/or Federal Court
Jury Commissioners rescind their present policy of granting exemptions from jury service to
79"ril UPS Vdllt 1e1CdZSO L1111CrTf 111111MMINRy VAorl 1ril-
effective date of such change for the applicable State and/or Federal Court.
A. If 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.
18
B. If the court fully reimburses the City for the full salary of an employee on jury duty,
the City will immediately nainetobo the practice of providing paid release time to employees for
jury duty.
C. K on employee is called for jury duty and the court does not excuse jury service
based on the non-payment ofsalary by the ennpoyer, the City shall grant said employee paid
release time for the required jury duty. Hoxvemmr, it in mandatory that the employee advise the
judge and/or appropriate court personnel of the City'a non-payment policy. While on paid
release time for required jury duty, mnnp|oymee will not work any fire shifts orwork the evening
before orthe evening after release from jury duty.
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 Memorandum of Understanding. This Article does not apply to health inmunanoe, which is
administered by Cm|PERS pursuant to the Public Employees' Medical and Hospital Care Ant
(PEK8HCA)and related regulations.
Section 2.SeKeckhon and Funding. |nthe administration ofthe fringe benefit programs,
the City ehoU have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the terms of this Memorandum of UnderotmndinQ,
provided that the benefits of the employees shall be no less than those in existence as of the
� implementation ofthis Memorandum ofUnderstanding.
^ �
Section 3' Changes. If, during the term of this Memorandum of Understanding, any
change of insurance carrier or method of funding for any benefit provided hereunder occurs, the
City ehoU notify the Amemoiedon prior to any change of insurance carrier or method of funding
the coverage.
A.Effective October 1.2O12.the City contracted with [aIPEFSfor the provision of
medical hnmmnanoa benefits under the California Public Employers' Medical and Hospital Care
Act (PEMHCA). The parties agreed to make any necessary and legal modification to the retiree
medical benefits provisions in the Memorandum of Understanding necessary for conversion to
the PEyNHCA program that are consistent with the benefits set forth in Article X111. Section 3.
City Contribution to Retirement Health Savings (RHS) Plan.
B. Effective the start of the pay period that includes January 1. 2023 and through
December 31. 2025. the City agrees to pay one hundred percent (100%) of the premium for
medical insurance for employees hired by the City prior to February S. 2017. Such City paid
medical coverage will include employee plus their qualified dependent(o) up to the highest
premium rates (Los Angeles Region) for a Preferred Provider Option (PPO) medical plan
offered by CaIPERS. If an employee elects a higher cost CalPERS plan, he must pay the
difference in premium between that plan and the highest premium PPO (Los Angeles Region)
medical plan for his respective eligible level of coverage.
C. Effective the pay period that includes January 1, 2023 and through December 31,
2025, the City agrees to pay one -hundred percent (100%) of the premium for medical insurance
for employees hired on or after February 9, 2017. Such City paid medical coverage will include
employee plus their qualified dependent(s) up to the premium rates (Los Angeles Region) for
the Kaiser Health Maintenance Organization (HMO) medical plan offered by CalPERS. If an
employee elects a higher cost CalPERS plan, he must pay the difference in premium between
that plan and the Kaiser HMO plan premium (Los Angeles Region) for his respective eligible
level of coverage.
D. The stated amounts of City paid medical premiums are inclusive of the CalPERS
statutory minimum employer contribution under PEMHCA,
E. Employee Opt Out of Medical Coverage. The City agrees to permit an employee to
opt out of City -sponsored medical coverage as follows:
1. The employee must present proof to the Human Resources Director or designee
that he and his qualified dependent(s) are covered by another group non -City -
sponsored medical plan for the plan year;
2. The employee must sign a statement acknowledging the opt out of City offered
medical insurance coverage and agreement to hold the City harmless for any
consequences, whatsoever, that result from the employee's waiver of City
offered medical insurance coverage for employee and/or qualified dependent(s);
and
3. The employee must sign a statement acknowledging his understanding that his
qualified dependent(s) are not eligible to re -enroll in City sponsored medical
coverage until the next Open Enrollment period or as otherwise required by law
under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
provisions.
4. Effective the first pay cycle in June 2018 in which the medical opt out payment is
due, the City agrees that the employee who is approved to opt out of medical
coverage shall receive compensation for one of the following, depending on the
level of non -City sponsored coverage the employee has provided proof of having:
Three hundred dollars ($300.00) per month if waiver eligibility is for
11 employee only" coverage.
b. Four hundred and fifty dollars ($450.00) per month if waiver eligibility is for
11 employee plus one" coverage.
c. Six hundred and fifty dollars ($650.00) per month if waiver eligibility is for
.1 employee plus two or more dependents" coverage.
go]
5. The eligible amount will bmpaid to the employee as taxable earnings, Amedical
opt out election may only bemade during anannounced Open Enrollment period
for medical insurance changes effective January 1.
A. Dental Maintenance Organization (DMO) Dental Plan. The City ohoU continue its
contribution of thirty-one do|hmnm and ninety-five cents ($31.95) per month tovxmnda e []N?(] dental
benefit plan for employee and his qualified dependerd(s). Any amount necessary to cover the
monthly premium in excess of the City's contribution is the responsibility of the employee.
B. Delta Dental Preferred Provider Option (PPO) Plan. The City eheU maintain its
Delta Dental PPOplan, which /soself-funded plan administered byDelta Dental, and agrees bo
maintain the employee's contribution rate of percent (52Y6) towards the total monthly
premium.
1' Flan premiums are calculated annually based on the prior year's claims
expehenoe, administrative heem, and an industry trending projection. This
calculation shall be conducted by Delta Dental for communication by the City
during the announced annual Open Enrollment period.
2- For cost effectiveness that is mutually beneficial to the City and the Association,
the City will continue to evaluate other Delta Dental plan coverage options for
implementation to reduce premiums and/or employee out of pocket costs for
consideration of a change from a current composite rate to a three-tier rate
structure ("Employee only"; "Employee plus one dependent"; and, "Employee
plus two or more dependents") for monthly premiums effective January 1. In
addition, the City changes from a June Open Enrollment to the Open Enrollment
Period that coincides with Ce|PER@ nnediom| plan for changes effective January
i. There will be no changes in dental plan coverage without agreement of the
parties. The annual Ca|PERG medical Open Enrollment Period is held generally
during September through October.
Section 3.Life Insurance. Effective June 1.2O10.the City shall provide each employee
covered by this Memorandum of Understanding with a group term life insurance benefit ofone
hundred thousand dollars ($1O0.DU0.0U).
Section 1. California Public Employees' Retirement System (Ca|PERS)
Employees covered by this Memorandum ofUnderstanding participate inthe California Public
Employees' Rmbn*nlent System ACa|PERS>. Employee options are described in a contract
between the City ofDowney and Co|PERG.
A. First Tier Formula. Employees hired prior to December S.3O11. the effective date
of the CUy'acontract amendment with Ca|PERSfor fire safety members, shall beprovided the
3% at age 50 retirement formula, as set forth in California Government Code Section 21362.2.
1 . Effective the pay period that includes January 1, 2023, employees shall begin to
have deducted, on a pre-tax basis, six and one-half percent (6.5%) of CalPERS
reportable compensation, pursuant to California Government Code Section
20516(f).
2. Effective the pay period that includes January 1, 2024, employees shall have
deducted, on a pre-tax basis, seven and one-half percent (7.5%) of CalPERS
reportable compensation, pursuant to Government Code Section 20516(f).
3. Effective the pay period that includes January 1, 2025, employees shall have
deducted, on a pre-tax basis, eight and one-half percent (8.5%) of CalPERS
reportable compensation, pursuant to Government Code Section 20516(f).
4. Should an employee be mandated by a change in law or other action to
contribute any portion of the required employee contribution to CalPERS, the City
shall take all action necessary to reduce the deduction then being made pursuant
to California Government Code Section 20516(f), above, by the amount of the
mandated employee contribution.
6. The City shall act, if necessary, to pass a resolution setting forth that all
deductions or contributions under the Section shall be regarded as a pick-up of
retirement costs pursuant to IRC 414(h)(2).
NI-Tal 16*1 IN I II Rmol 11 MI F1 a I a (a aw-111 Lei I a I
1. Employees covered hereunder shall pay, on a pre-tax basis, the nine percent
(9%) required employee contribution to CalPERS.
2. The City shall act, if necessary, to pass a resolution setting forth that all
deductions or contributions under this Section shall be regarded as a pick-up of
retirement costs pursuant to IRC 414(h)(2).
A. City Contribution to RHS Plan. The City will contribute the following monthly
amount toward an employee's RHS account less the Public Employees' Medical and Hospital
Care Act (PEMHCA) statutory minimum employer contribution as specified in California
Government Code § 22892(c):
-:mployees who retire after July 1, 1987 - $ 98.00
7mployees who retire after July 1, 2002 - $ 200-01
F-mployees who retire after July 1, 2003 - $ 235.01
"Fmployees who retire after July 1, 2004 - $ 270M�
22
These City contribution amounts shall bereferred to herein as the "retiree medical
As a result of the City contracting for CaIPERS medical insurance pursuant to PEMHCW
provisions effective October 1, 2012, the following revisions are in effect to avoid an increa
cost to the City's mandated contribution for retirees: I
the retiree's RHS account for the reimbursement of qualified medical expenditures. To be
must satisfy the following eligibility criteria:
f' At the time of retirement the employee has a minimum of ten (10) years of
service, nriogranted oservice-connected disability retirement; and
2' Retire within one hundred twenty (120) days of separation from employment with
the City; and
3' Adthe time ofretirement, the employee is employed by the City; and
4' Effective the day after official separation from the City, the employee has been
granted e retirement allowance bythe Ca|pER8.
C. The Cdy'sobligation tocontribute toward the retiree's RH8aocount shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of the
1' During any period the retiree 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 orpublic employer
or self-employed or the employer of o spouse. As a condition of being eligible to
receive the RHG 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 source. If it is later discovered that
misrepresentation has occurred, the retiree will be responsible for reimbursement
to the City of those amounts inappropriately deposited and the retiree's eligibility
to receive future RHS deposits will cease.
In the event the Federal government orState government mandates an
employer -funded health plan orprogram for retirees, ormandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the Qty's rate set Yohb above shall be converted from an RH8 deposit and
applied to that plan. If there is any excess, that exm*oo may be applied toward
the retiree's RH8 account provided the retiree pays the balance owing for any
such coverage.
3. Upon the death of the retiree, the City's obligationtodeposit into the retiree's
F|HS account shall neomm. The surviving spouse shall be ebhw to continue
Ca|PERS medical insurance coverage pursuant to PEKXHCA provisions and
23
provided the surviving spouse pays the appropriate premiums minus the City's
mandated retiree contribution amount.
D. An eligible retiree covered by this Section who no longer elects coverage under any
i le iie� 9 V9 1 6 L
•M Ma-1-11 I q I I wig 14 kyMR I I I a 917-11 a 1 r, 1 a LZI 0 1
1. The retiree fails to submit or respond to the City's request (via certified mail to the
last known mailing address of the retiree) to provide appropriate proof of
alternate health insurance coverage at the end of sixty (60) days from the date of
the City's written request.
kfIIk#XIZM I - Ii AZI
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees
may be reimbursed for tuition and required 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 or their designee. An employee must
receive a passing grade in order to be reimbursed for the course. Reimbursement shall be
made at the rate of tuition charged at California State University, Long Beach for courses on the
r.emester system. Courses on the quarter system shall be reimbursed at the unit equivalent
California State University, Long Beach tuition amounts.
F-11 Z4 traiw4m
IQ:101: 0 1 LN � W WA Q A N
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 tN�
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. All Fire Engineers shall be subject to a promotional probationary period of twelve (12)
months.
41
Section 2- If the service of the original probationary employee has been satisfactory to
the Fire Chief; then the Fine Chief shall file with the Human Resources Office within two (2)
xvemNs of the end of the probationary pehmd, a merit rating including o statemment, in whdnQ, 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 (2) weeks of the end of the probationary period and the
employee notUied, the employee will be deemed to be unsatisfactory and his employment
terminated atthe expiration ofthe 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 appointmant, or at the conclusion of the
probationary period by reason of failure of the Fine Chief to file g statement that his services
have been ooUmfmntory, 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 o|ooaifiad service. If there is no vacancy in the classification from
which the employee was pnomnted. the most recently hired employee shall be terminated
without prejudice.
Section 6.The probationary period may beextended bythe length oftime the employee
is absent during the probationary period except for vacation and regular days off.
me
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 nfthis Article.
Section 2' Probationary employees shall have no seniority hghba, but shall acquire
seniority from their last date of hire upon completion of their probationary period.
Section 3. Seniority eho|| apply between employees in a rank for purposes of layoff and
recall if in the objective determination of the Fine Chimf, the employee's abilities and
performance are substantially equal.
Section 4' An employee who is subject to |eynff 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 mmerniam seniority. The employee with the
earliest promotion date to that rank will be considered to have seniority for that position.
N-- W-- - - �
Section Y' The City remenxue, retoins, and is vested vvith, mn|o|y and exclusively, all
25
•A 6 - If - A MOM
V-41ILL61vifla . 1 11 - rz I a Is 11719TUA on a a di ram N -
Mamigall GGMI - a
T1t7jF1t__jT_fffMT HiTrarillinui AnueTsTaTfurng or DJ' MIT, snaTrunlcru-5777ut n
be limited to, the following rights: I
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
be provided to the public.
snam���
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.
1. To relieve employees from duties for lack of work or similar non -disciplinary reasons,
such as lack of funds.
I
I
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.
Q. To establish and promulgate and/or modify rules and regulations to maintain ordP4MI
and safety in the City which are not in contravention with this Memorandum of Understanding.
W.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2'The Fire Chief has the authority to establish and change andt schedules to
meet the needs of the department in an emergency. The Fire Chief has the authority to
establish reporting times for shift changes inanemergency. The City has the right toenter into
mutual or automatic aid agreements.
Section 3' Except in annergenoieo, or where the City is required to make changes in its
operations because of the requirements of |avv, 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 nepm*menbaUxeo of the Association regarding the impact of the exercise of such rights;
unless the subject nna#ar of the exercise of such rights is provided for in this Memorandum of
Understanding or in the Personnel Rules and Salary Resolutions and/or affecting written
departmental rules and regulations which are incorporated in this Memorandum of
Understanding. By agreeing to meet and confer in good faith with the Association as to the
impact and the exercise of any of the 8ona0min0 City rights, Management's discretion in the
exercise of these rights shall not bediminished.
The City ehe|| not exercise the foregoing rights in on orbitnzry, omprioioua, invidiously
discriminatory manner o, in such a manner as to imperil the health and/or safety of the
employees.
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 whdnQ, on mutually agreed upon
honn to be provided for this purpose. The City shall remit such funds to the Association within
thirty (30) days following their deduction.
Section 2' Indemnification. The Association agrees to hold the City hann|eno 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.
Section tThe Association, its officers, agents, representatives and/or members agree
that during the term of this Memorandum of Understanding they will not cause or condone any
athka, xvo/huut, e|owdovvn, siok-out, wrany other job action by withholding or refusing to perform
men//oeo.
27
Section 2. The City agrees that it shall not lockout its employees during the term of this
Memorandum of Understanding. 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 City in the exercise of its rights as set forth in any of the provisions of this
Memorandum of Understanding or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 abovnd
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
Section 1, the City may suspend any and all of the rights and privileges accorded to the
Association under the City's Employee Relations Ordinance in this Memorandum of
Understanding including, but not limited to, right of access, check -off, the use of the City's
bulletin boards and facilities.
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 Memorandum of Understanding 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
above, its officers, agents, or representatives shall not be liable for damages for prohibit
conduct performed by employees who are covered by this Memorandum of Understanding
olati vion of Section 1 above. I
UTZ409UW10
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.
A. Procedural Due Process Rights. Appeals of punitive action pursuant
Government Code §3254.5 (the Firefighters Procedural Bill of Rights Act) shall be conduct
pursuant to the procedures set forth in Government Code Sections 11512-11519.
Except, however, that appeals of written reprimands only, shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2
which provides for an informal hearing procedure.
it If idtlorl 0CF111ces. Irl Ine L1116110W
-11 11im- OWN, 111911611 W
28
B. Non -retaliation. An employee who has initiated a grievonne, or assisted another
employee in initiating and/or processing a grievance, shall not in any may be ooeroed,
inUnnidmted, or discriminated against. All time periods in this Section may be extended by mutual
consent ofthe employee and the management representative involved inwriting.
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, ormay be represented by recognized employee organization or may
represent himself.
A. Any retroactivity on monetary grievances shall be limited to ninety (QD) days prior to
the date that the grievance was filed, in writing, except in cases where it was impossible for the
employee tohave had prior knowledge ofanaccounting error.
B. All time limits specified may be extended to o definite date by mutual agreement of
the employee or his Association mapnymenbative, and the decision -making management
representative involved at each nbsp mfthe grievance procedure. Such mutual agreement shall
U be evidenced in writing and signed by the employee or Association representative and
management representative.
Ste One. Informal Procedure. Anemployee must first attempt toresolve ogrievance
without delay through discussion with his immediate supervisor on an informal basis.
The grievance nhm|| begin at the level of supervision that ultimately took the action
that resulted in the grievance. If, after such diaouaoion, the employee does not
believe the problem has been satisfactorily n*su|ved, he shall have the right and
obligation to discuss it with his supervisor's immediate auporior, if any, and through
the chain of command to the Fire Chief, if necessary. The Fire Chief shall meet with
the employee and the employee's representative to attempt to resolve the grievance.
Every effort shall be made to find an mcoapbmb|a solution by these informal means at
the most immediate level of supervision. At no time may an informal process go
beyond the Fine Chief. In order that this informal procedure may be naaponoive, 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; or 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 bebarred and waived.
29
ftg�� Formal Procedure. If the grievance is not resolved through the informal
process and the employee has complied with all time limits, then 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.
§1ftQJ1M Employee Relations/Human Resources Director. If the grievance
not resolved in Step Two, the employee may, wn ten (10) calendar days fro
receipt of the Fire Chief's written decision present the grievance in writing to t
Employee Relations/Human Resources Director for processing. The Employ
Relations/Human Resources Director will use his discretion to decide whether
investigate the grievance. Failure of the employee to take this action will constitu
termination of the grievance. If the employee is being represented by a recogniz
employee organization, the Employee Relations/Human Resources Director sh
convene a joint meeting of the recognized employee organization and manageme
representative who shall attempt to resolve the grievance. In the event the grievan
is not satisfactorily settled through discussion at this level, both parties shall advi -
each other in writing, as to their respective positions. I
Step F2ur. 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
Human Resources Director. Failure of the employee to take this action will constitute
termination of the grievance. The Human Resources 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 (7),
the parties shall alternately strike names from the list, with the City strng the first
name. The identity of the last remaining individual on the list will be selected as the
hearing officer.
§tqR�.� City Manager's Decision. Within thirty (30) calendar days of recei pt
decision of the hearing officer, the City Manager shall, in writing, adopt, modl9if�ytis
S
reject that decision. The decision of the City Manager shall be the final administrati
decision. I
901
Section 1. Substance Abuse Policy. The City 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
physical and psychological wellbeing of all employees. The City and the Association mutually
acknowledge that a drug and alGohol-free work environment benefits Downey's employees and
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.
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
1' Reasonable suspicion is cause, based upon objective facts sufficient to lead e
neeaonmbk/ prudent supervisor to suspect that an employee is under the
influence of drugs or alcohol; so that the employee's ebi|hs to perform the
functions of the job in irnpmined, or mu that the employee's ability to perform
his/her job safely iareduced.
C. Any manager or supervisor requesting on employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee acopy. The employee shall begiven anopportunity boprovide additional facts, An
employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time in of the essence in drug eonyeninQ, m representative must be
available within ereasonable time orthe employee will then beordered hmsubmit hosubstance
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 bythe City. Employee uhmo sennpkam, or
other body Ouidn, will be collected in a OD>{ Security Container System or other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility
used for basting shall be certified by the Substance Abuse and Mental Health Services
Administration of the Department of Health and Human Services and comply with established
guidelines for "chain of custody" to ensure 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 sou
method. An employee who tests positive on a confirmatory test will be given the opportunity
discuss the results with a •: to be designated • the City. The employee should •
or to otherwise explain, if he or she so chooses, a positive test result.
F. While use of `• prescribed medications and drugs is not • se a violation •
I a a A_VmWQAs_ xr-. ibnv,
rr-, WIN, 0 -0 611-11M 116 215101roffillf
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 • while using such medications or drugs, clearance from a • 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 • an employee with complete confidentiality and without adverse consequences to
his •''.i 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."
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 •`•. rules and regulations • where violation did or could have
resulted in serious injury or property damage.
Section 2. 125 Plan. Employees covered by this Memorandum of Understanding al
2nd Dependent Care).
Section 3. Filling and Vacating, Assignments. Department assignments and transfers
will be done in accordance with Fire Department Administrative Policy, Volume 1, Chapter 3,
•: 15, herein incorporated • reference.
• 2111wo Igo NEI NITr-1.1 I If- tg • St. I
K5
Section S. No Smoking Policy. The City agrees toallow employees an occasional off
duty celebratory cigar during their term of employment as an exception to Administrative
Regulation No. 420. This exception ohe|| not diminish the Cdx's concern for the health and
welfare nfits employees bobmfit for duty.
A. Court time is time required to be spent by employees of the Fire Department on
behalf ofthe City in response to a mubpoena, a coroner's inquest, e hearing or trial on a civil
actimn, or ohmnine| case at a time other than that regularly required of such employee for his
ernp|oynmant, for the purpose of testifying as to knowledge acquired in the course of his
employment with the City. This definition shall also apply to subpoenas issued for taking of
depositions in such City related matters. Employees who are off duty on authorized sick leave or
when testifying at any grievance proceeding, City Cnunci|, or other hearing on behalf ofhimself
or another employee of the AeeoniaUmn, shall not accrue additional time or compensation as
court time.
B. Court Time shall becompensated esfollows:
1' Criminal Witness. The employee shall be paid at the applicable hourly rate of
pay-
2. Civil Witness (in line of duty). The employee shall receive his applicable hourly
rate of pay for time at court and to and from court while testifying in any civil case
on behalf of the City.
3. Ifthe employee kacalled into court per this Section, the employee shall bepaid a
minimum of four WQ hours or the actual number of hours in ooud, whichever is
Section 1'It is the intent ofthe parties hereto that the provisions ofthis 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 Cih/, oral or whUen, expressed or innp|ied, 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 orCity Charter.
Section 2' Notwithstanding the provisions of Section I abowe, there exists within the
City, certain personnel reoo|ubone, ordinances and departmental ruhes, regulations and orders.
To the extent that this Memorandum of Understanding does not specifically contravene
provisions of these personnel neso|udonm, ondinenceo, departmental ru|oa, regulations and
orders; such personnel neoo|ubone, ordinances and departmental ru/em, regulations and orders
are specifically incorporated herein.
33
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orders.
F-11 Z4 11 PLINK M�
During the term of this Memorandum of Understanding, the parties mutually agree that
they will not seek to meet and confer with regard to wages, hours, and terms and conditions of
Cal fy-�rraTvrtTeat-&-rg
confer process, except as otherwise provided for in this Memorandum of Understanding;
thereto, and irrespective ♦ whether or not such matters were discussed • were even within the
contemplation of the parties hereto during the meet and confer process leading to this
Memorandum • Understanding. Regardless • 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 Memorandum of Understanding during the term of this
Memorandum of Understanding.
IT1100F=FXIM
•
Section 1. The parties agree that the City can re -open negotiations to achieve labor cost
savings during the term of this Agreement, however, there shall be no changes unless mutually
agreed to in •
In the event • circumstances beyond the control of the City, such as acts • God, flood,
insurrection, civil disorder, national emergency, or similar circumstances; provisions of this
Memorandum of Understanding or the Personnel Rules or Resolutions of the City, that restrict
the City's .• to respond to these emergencies shall • suspended i• 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
Memorandum • Understanding and any Personnel Rules and Policies.
34
SEVERABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative,
void, or invalid • a court of competent jurisdiction, or • reason of any existing • subsequent
enacted legislation, all other provisions of this Memorandum of Understanding shall remain in
full force and effect for the duration of this Memorandum of Understanding. This Memorandum
• Understanding shall be binding upon the successors and/or assigns of .• City and the
Association to the extent permitted by law.
ARTICLE XXVII
•
The term of this Memorandum of Understanding shall commence on January 1, 2023
and shall continue in full force and effect until December 31, 2025.
35
ARTICLE XXVIII
• k' F--1 0 1 614A *61111 NI 0 1
The City and the Association acknowledge that this Memorandum of Understanding
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 Memorandum of Understanding is
hereby executed by the authorized representatives of the City and the Association and entered
• this 14th day • June, 2022.
�Qa 1 0
ICIM
nders, Treasurer
Kerry 1Q, a •f
B ar Member
@2
4N:"- i
-Ull i Di I i A ;49;J V Ad 9 GTIJ FN d rol 0
--- ---------
Firefighter (56 hr)
Firefighter (40 hr)
Fire Engineer (56 hr)
Fire Engineer (40 hr)
Fire Captain (56 hr)
Fire Captain (40 hr)
Firefighter
Fire Engineer
Fire Captain
E61 8 wAk Ed
w