Loading...
HomeMy WebLinkAboutResolution No. 07-6983 - MOU with Downey Firemen's Association, July 1, 2006 to June 30, 2010.RESOLUTION NO. 07-6983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION. WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers- Milias-Brown Act and Employee Relations Ordinance No. 1118; and WHEREAS, the City and the Association have reached agreement; and WHEREAS, the City and the Association have memorialized the agreement in a written Memorandum of Understanding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Memorandum of Understanding between the City of Downey and the Downey Firemen’s Association, attached hereto, is hereby approved in substantially the form thereof, together with any additions thereto or changes therein deemed necessary or advisable by the City Manager. The term of this agreement is from July 1 , 2006 to June 30, 2010. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and provide for the distribution thereof. APPROVED AND ADOPTED this 10th day of April, 2007 RICmm5no ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the10th day of April, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : 5 Council Members: Bayer, Cartozian, Gafin, Guerra, Mayor Trejo 0 Council Member: None 0 Council Member: None 0 Council Member: None q&MoV. WEMa" KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 07-6983 PAGE TWO MEMORANDUM OF UNDERSTANDING BETWEEN IIII.= VIII VI IJVVWXL!•ll AND THE DOWNEY FIREMEN'S ASSOCIATION IAFF Local 3473 July 1, 2006- June 30, 2010 RESOLUTION NO. 07-6983 PAGE THREE ( MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN'S ASSOCIATION IAFF Local 3473 ARTICLE NO TITLE OF ARTICLE PAGE NO I 11 111 RECOGNITION NON-DISCRIMINATION BASIC COMPENSATION PLAN 2 2 2 2 3 3 4 4 4 Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9. Salary Increases/Adjustments/Retroactive Pay Plan of Salary Schedules Eligibility for Merit Salary Advancement Salary Schedule Step Reduction Merit Longevity Uniform Allowance Fire Station Linens Out-of-Rank Pay Bonus Pay for Sworn Fire Employees Paramedic Program Fire Prevention and/or Criminal Investigation Bureau Assignment A B C. Fire Prevention & Haz. Mat. Specialist Assign. D. Shift Training Officer E. Paramedic Coordinator, F. Deputy Fire Marshal/Haz. Mat Supvr. G. Fire Mechanic H. Equipment Supervisor Technical Development Incentive Pay Class B Allowance Bilingual Pay EMT Certificate Pay 4 5 5 5 5 6 6 6 6 7 7 7 Section 10 Section 11 Section 12 Section 13. IV V VI WORK WEEK 7 8 9 9 9 10 10 10 10 10 h41NtMUh4 MANNING OVERTIME PROVISIONS Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Compensation for Overtime Policy Emergency Service Condition Call-Back Overtime Administration Training Compensatory Time Off (i) RESOLUTION NO. 07-6983 PAGE FOUR VII VIII IX HOLIDAYS VACATION LEAVE OF ABSENCE Section 1. Leave of Absence Without Pay Section 2. Written Notice of Return Section 3. Outside Employment Section 4. Sick Leave Section 5. Emergency Leave Section 6. Workers' Compensation I.O.D. Section 7. Employee Disability Leave Section 8. Military Leave Section 9. Jury Duty FRINGE BENEFIT ADMINISTRATION HEALTH DENTAL AND LIFE INSURANCE Section 1. Medical Insurance Section 2. Dental Insurance Section 3. Life Insurance Section 4. Medical Insurance Widow's Continuance Section 5. Citywide Medical Committee RETIREMENT Section 1. PERS Coverage Section 2. Employee's PERS Contribution Section 3. Retiree Medical Annuity Section 4. 3% at Age 50 Retirement Benefit Section 5. Optional PERS Plans TUITION REIMBURSEMENT PROBATIONARY PERIOD SENIORITY CITY RIGHTS EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES NO STRIKE - NO LOCKOUT 10 11 12 12 12 12 12 13 14 14 15 15 15 16 16 16 16 17 17 17 17 17 17 18 18 18 18 19 19 21 X XI XII XIII XIV XV XVI XVII XVIII 21 (ii) RESOLUTION NO. 07-6983 PAGE FIVE XIX XX GRIEVANCE PROCEDURE MISCELLANEOUS Section 1. Substance Abuse Policy Section 2. 125 Plan Section 3. Filling and Vacating Assignments Section 4. Examination Observer SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT EMERGENCY WAIVER PROVISION SEPARABILITY TERM OF THIS MEMORANDUM OF UNDERSTANDING RATIFICATION AND EXECUTION 22 24 24 25 25 25 26 26 26 27 27 27 XXI XXII XXIII XXIV XXV XXVII (iii) RESOLUTION NO. 07-6983 PAGE SIX MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMEN’S ASSOCIATION IAFF Local 3473 ARTICLE I RECOGNITION Pursuant to the provisions of the Employee Relations Ordinance No. 394 and the Supplemental Employee Relations Rules and Regulations of the City of Downey, the City of Downey (hereinafter called the "City") has recognized the Downey Firemen's Association/l AFF Local 3473 (hereinafter called the "Union") as majority representative of sworn fire department personnel including Firefighter classification, Fire Engineer classification and Fire Captain, and excluding all management employees of the Fire Department. The City has recognized the Union for the purpose of meeting its obligations under the Meyers-Milias-Brown Act, Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City when City rules, regulations or laws affecting wages, hours or other terms and conditions of employment are amended or changed. ARTICLE 1 NON-DISCRIMINATION Section 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with the Employee Relations Resolution and Government Code Sections 3500 and 3511. Section 2. The Union and the City agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti-discrimination laws. Section 3. Whenever the masculine gender is used in this Agreement, it shall be understood to include the feminine gender. Section 4. The City and Union agree to comply with applicable federal and state laws and regulations regarding the employment of the handicapped. (1) RESOLUTION NO. 07-6983 PAGE SEVEN ARTICLE III BASIC COMPENSATION PLAN Section 1. Salary Increases/Adjustments/Retroactive Pay. A. All employees covered by this Memorandum of Understanding shall receive the following salary increases: 1. Effective June 19, 2006 - five per cent (5%). Only employees who are on payroll the date of the adoption of the agreement or retired after July 1, 2006 shall be eligible for the retroactive adjustment. 2. Effective July 2, 2007 - four per cent (4%). 3. Effective June 30, 2008 – four per cent (4%) 4.Effective June 29, 2009 – four and one half percent (4.5%) Section 2. Plan of Salary Schedules. [ A. Description of Schedules. The pay plan consists of a set of monthly salary schedules. Each of such schedules is designated by a schedule number. Each step shall be a 5.5% increment. Each schedule consists of five (5) steps of monthly compensation, each of which is designated by step letter. B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly rate shall be computed by multiplying 56 hours per week by 52 which results in an annual figure, 2912 hours. The monthly rate shall be multiplied by 12 and divided by 2912 to arrive at an hourly rate. For purposes of calculating the hourly rate for personnel assigned to a forty (40) hour work week, the hourly rate shall be computed by multiplying 40 hours per week by 52 which results in an annual figure of 2080 hours. The monthly rate shall be multiplied by 12 and divided by 2080 to arrive at an hourly rate. Section 3. Eligibility for Merit Salary Advancement. A. Eliqibility for Salary Step Increase. 1. Salary step increases shall be considered on a merit basis only, and then only at the following times, and in accordance with subsection B below. 2. All full time appointments, temporary and permanent, shall be made at the first step of the salary schedule assigned that class, unless prior written approval of the City Manager is obtained for appointments at a higher step in the assigned schedule. In the event of a promotion where the starting salary schedule is below that of the employee's present salary classification, the employee shall receive a minimum of 5.5% salary increase or to the next full salary step. (2) RESOLUTION NO. 07-6983 PAGE EIGHT 3. No salary advancements shall be made so as to exceed the maximum rate established in the salary schedule for the class to which the employee’s position is allocated B Qualification for Salary Step Advancement. 1. Advancement shall not be automatic but shall be based upon merit, dependent upon increased service value of an employee to the City as exemplified by recommendations of his supervisor, length of service, performance record, special training undertaken, and other objective evidence. 2. Only employees rated as meeting the standards of fully effective work performance shall be qualified to advance to the salary steps B, C, D and E. C. Merit Evaluation 1. Every employee shall receive an objective, written job performance rating, no sooner than three (3) weeks before, no later than five (5) working days before the date of eligibility for each salary step, merit longevity or hourly increase, and annually thereafter, and upon a change of employment status. Nothing in this section shall prohibit the department head, or an authorized supervisor, from giving an additional objective rating to an employee between those periods of time described in this section. 2. It shall be the duty of the department head to delegate the responsibility of every employee's rating to that level of supervision having immediate knowledge of the employee's work. An employee shall be rated by his immediate supervisor, and that rating shall be reviewed by the division head as well as the department head. Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance falls below the level for which a step increase was granted, an employee's authorized pay may be reduced to the employee’s previous step rate under written procedures established by the City for demotions and reductions in pay. This section shall not apply to employees on disability leave, sick leave or any other approved leave of absence. Section 5. Merit Longevity. A. Eligibility for Merit Lonqevity. Upon approval of the City Manager, permanent employees who have completed ten (10) continuous years of service; and upon receipt of a "meets standards" merit evaluation, shall be paid in addition to their respective regular prescribed salary one step above their monthly base rate; and after twenty (20) years shall be paid one and one-half step above their monthly base rate. For employees who qualify for merit longevity after 20 years of continuous service, computations will be made in the following manner. Any longevity payment presently being paid will be subtracted from the employee's present rate of compensation and the new longevity rate shall be applied. B. Qualification for Merit Longevity. Merit longevity is to be provided as continuing incentive to career employees. Such payment shall continue with approval of the City Manager, only during such period as an eligible employee continues to meet standards, evidenced by performance ratings regularly submitted by the Fire Chief to the City Manager; and may be terminated at any time by the City Manager when the quality of service, as evidenced by the performance rating such employee receives, does not merit such additional compensation. (3) RESOLUTION NO. 07-6983 PAGE NINE Section 6. Uniform Allowance A. Two sets of station uniforms (pants, shirt) will be issued to all sworn personnel as safety equipment each year. Other uniform items may be replaced due to damage at the discretion of the Battalion Chief. B. Sworn fire personnel will receive $175.00 yearly for the purchase of uniform accessories, physical fitness attire and night wear clothing, as defined by the General Order covering uniforms. The Fire Chief will establish a list of accepted uniforms for all activities. C. All sworn fire personnel shall receive $15.00 per month for uniform and accessory maintenance, as defined by the Fire Chief. D. Sworn fire personnel assigned to the Fire Prevention Bureau shall be paid $200.00 each year for uniform purchases and $20.00 per month for uniform and accessory maintenance, in lieu of B & C above. E. Scheduled uniform purchases and maintenance checks will be issued in December of each year. L F. Upon promotion to the rank of Fire Captain, the City will provide one (1) full dress uniform. Section 7. Fire Station Linens. Each member shall provide their own sheets, pillowcases and bath towels for their personal use at the City's Fire Stations. The City will continue to provide each Fire Station with dish towels. Linens and towels shall be maintained in a clean and sanitary condition Section 8. Out-of-Rank Pay. Any employee covered by this Agreement, who is assigned out of classification to responsibilities and duties of a position or rank above that which he normally holds for a minimum of twelve (12) hours, shall be paid at the next full step above the employee's normal rate; and at no time less than bottom step of the position or rank for which he is acting. Section 9 Bonus Pay for Sworn Fire Employees. A. Paramedic Proqram 1. Paramedic Bonus Effective February 17, 2003, upon certification an employee assigned as a paramedic shall receive seventeen per cent (17%) as additional compensation. In order to receive this bonus the employee must sign a two-year contract that requires the employee to reimburse the City for tuition and mileage costs for paramedic training, if the employee should leave the program for other than promotion or disability. 2. Paramedic Phase Out Procedure. The following procedure provides an opportunity for individuals to be "phased out" of the Paramedic assignment without experiencing sudden financial hardship. The "Phase Out" procedure may be entered into voluntarily at the request of an individual with at least eight (8) years of service as a Paramedic with the Downey Fire Department; or an individual with at least eight (8) years of service in a Paramedic assignment may be placed into the following "Phase Out" procedure by assignment of the Fire Chief (4) RESOLUTION NO. 07-6983 PAGE TEN a. After receipt of a request from the concerned employee, or after providing the concerned employee with 60 days prior notice, the Fire Chief may place an employee with a Paramedic assignment in the "Phase Out" procedure. b. The Fire Chief shall provide the employee with a definite target date for removal of the Paramedic assignment not to exceed one (1) year from the date of notice. c. Upon removal of the Paramedic assignment, the Paramedic Bonus shall be continued for a period not to exceed three (3) years; however, such Paramedic Bonus pay shall be removed on an incremental basis as follows: 1 ) The amount of the concerned employee's Paramedic Bonus pay shall be reduced by an amount equal to any salary increase that may be granted to such employee until such time that the salary increase(s) has/have eliminated or replaced the Paramedic Bonus Pay 2) in no case, however, shall Paramedic Bonus pay be continued beyond a period of three (3) years following removal of the paramedic assignment. Nothing in this "Phase Out" procedure prevents or prohibits an employee from withdrawing from a Paramedic assignment prior to the eight-year interval with immediate loss of Paramedic Bonus pay. Nor does this procedure prevent or prohibit the removal of an employee from a Paramedic assignment with immediate loss of Paramedic Bonus Pay by the Fire Chief for disciplinary purposes (for cause) or reduction of paramedic manning levels. B. Fire Prevention and/or Criminal Investigation Bureau Assignment. Firefighters and Fire Engineers who are assigned to the Fire Prevention and/or Criminal Investigation Bureau shall receive an additional 11 % of salary for as long as they are so assigned. Firefighters/Paramedics who are assigned to the Fire Prevention and/or Criminal Investigation Bureau shall receive either an additional 11% or their existing Paramedic Bonus, whichever is greater, as long as they are so assigned, C. Fire Prevention and Hazardous Material Specialist Assignment. Firefighters and Fire Engineers who are assigned to the Fire Prevention and/or Criminal Investigation Bureau and are designated the Hazardous Materials Specialist shall receive compensation equivalent to Fire Captain at the same step they occupy. The Fire Chief has the sole discretion of assignment and nothing in this provision shall require him to fill such assignment. D. Shift Training Officer. The Fire Chief shall have the authority and discretion to designate and/or remove any Fire Captain as a Shift Training Officer. Up to three (3) Fire Captains may be designated as a Shift Training Officer. In no event shall Shift Training Officers work the same shift. The Fire Chief will also have the authority to establish job requirements and duties for the assignment of Shift Training Officer. Fire Captains designated and assigned as Shift Training Officers shall receive 5.5% per month as additional compensation above their regular scheduled rate of pay while being assigned as Shift Training Officers. Removal from the assignment of Shift Training Officer shall not be considered disciplinary action. E. Paramedic Coordinator. The Fire Chief shall have the authority and discretion to designate and/or remove any Fire Captain as a Paramedic Coordinator. Only one Fire Captain may be so designated. The Chief will also have the authority to establish job requirements and duties for the assignment of Paramedic Coordinator. A Fire Captain designated and assigned (5) RESOLUTION NO. 07-6983 PAGE ELEVEN as the Paramedic Coordinator shall receive 5.5% per month as additional compensation above their regular scheduled rate of pay while being assigned as the Paramedic Coordinator. Removal from the assignment of Paramedic Coordinator shall not be considered disciplinary action F. Deputy Fire Marshal/Hazardous Materials Supervisor. The Fire Chief shall have the authority and discretion to designate and/or remove any employee of the Fire Prevention Bureau as the Hazardous Materials Supervisor. Only one employee may be so designated. The Chief will also have the authority to establish the job requirements and duties for the assignment of Hazardous Materials Supervisor. An employee designated and assigned as the Hazardous Materials Supervisor shall receive 5.5% per month as additional compensation above their regular scheduled 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. G. Fire Mechanic. One member of the Fire Department, when assigned by the Chief Engineer to the mechanical repair and maintenance of fire apparatus and vehicles for over 50% of his hours on duty in each week; and actually engaged in such work over 20 hours each week, shall be compensated at his regular step of the next pay schedule above the schedule for his class for each pay period during which such assignment is made. L H. Equipment Supervisor. The Fire Chief shall have the authority and discretion to designate and/or remove any employee covered by this agreement as the Equipment Supervisor. Only one employee may be so designated. The Chief will also have the authority to establish job requirements and duties for the assignment of Equipment Supervisor. The employee designated and assigned the Equipment Supervisor shall receive 5.5% per month as additional compensation, above their regular scheduled rate of pay while being assigned as the Equipment Supervisor. Removal from the assignment of Equipment Supervisor shall not be considered disciplinary action. Section 10. Technical Development Incentive Pay To acknowledge and recognize the individual efforts of employees as they seek to improve their performance, these incentives are available to those employees, covered by this agreement, who have successfully passed their probationary period and meet the following criteria: A. Technical Development Pay Level One An employee covered by this agreement who 1) has an Associates Art Degree from an accredited college or university with course work related to the fire service OR 2) has completed the California State Fire Officer Certification curriculum and received the certificate AND has completed 15 units of fire technology, fire science, fire administration, or fire engineering courses as defined in the course catalogue of an accredited college or university, shall receive a salary additive of 2.75% (effective July 2, 2007 , this salary additive percentage will become 4%) B. Technical Development Pay Level Two An employee covered by this agreement who 1) has a Baccalaureate 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 15 units of fire technology, fire science, fire administration, or fire engineering courses as defined in the course catalogue of an accredited college or university AND completed the California State Chief Officer Certification curriculum, shall receive a salary additive of 5.5% (effective July 2, 2007, this salary additive percentage will become 7.5%) (6) RESOLUTION NO. 07-6983 PAGE TWELVE C. Additional Requirements and/or Substitutions 1. General education units may be substituted two for one for the equivalent of one fire technology course in Pay Level One and Two. 2. Fire Officer and Chief Officer courses may not be used for units in Pay Levels One and Two. 3. An employee must complete one college or certificate course each year to remain eligible for this Pay (One or Two). It is the responsibility of the employee to keep up with this requirement. 4. Twenty years of service to the City may be substituted for four technology courses 5 Employees are eligible to receive Level One or Two, but not simultaneously. Section 11. Class B Allowance. Effective January 1, 1998, covered employees who hold a Class B or Class A Driver's License, issued by the California Department of Motor Vehicles and who have successfully completed their probationary period thereafter shall prospectively receive a monthly allowance of $75.00. 1n order to be eligible for this allowance, employees must maintain any license requirements and show their driver's license during their evaluation review. Employees shall notify their supervisor should their Class B or Class A license lapse, become suspended, revoked, or restricted and impacted job duties for any reason. Effective June 23, 2003. Class B Allowance will be discontinued in lieu of an increase in EMT Certificate pay. Section 12. Bilingual Pay. Effective June 26, 2000, employees required to speak or translate Spanish, or other language designated by the City Manager, as part of their regular duties will be compensated $46.15 per bi-weekly pay period in addition to their regular salary. The Fire Chief has the authority and discretion to assign and/or remove this bonus up to budget authority. To be eligible for this assignment, the employee must pass a conversational examination administered by a court certified interpreter, or an employee who has been certified by the Fire Chief to administer such examination. Employee must recertify at least every eighteen (18) months to maintain the eligibility. Section 13. EMT Certificate Pay. Employees covered by this agreement shall receive additional compensation at the following rate upon attainment of an EMT Certificate. Effective June 24, 2002, EMT certificate pay shall be two per cent (2%). Effective June 23, 2003, an additional 2% shall be paid (for a total of 4%). Effective June 21, 2004, an additional 1% shall be paid (for a total of 5%). In order to be eligible for this pay, employees must maintain their certificate as required. Employees shall notify their supervisor should their certificate lapse, become suspended, revoked, or restricted for any reason. ARTICLE IV WORKWE EK Section 1. The regular work week for suppression personnel covered by this Agreement shall be an average of fifty-six (56) hours per week under a three (3) platoon 24- hour shift schedule as now exists. Fire Prevention Bureau and administrative personnel shall (7) RESOLUTION NO. 07-6983 PAGE THIRTEEN work a forty (40) hour work week. The Fire Chief has the authority to assign employees to Fire Prevention Bureau and/or administrative duties. Section 2. The Chief will establish an experimental shift known as the "9/80" or the 4/10" for the Fire Prevention Bureau. The Chief reserves the right to alter this shift assignment to provide adequate coverage. The Chief may, at his sole discretion, elect to revert back to the traditional 5-day, 40-hour workweek. Sick leave and vacation accrual will remain the same. Sick leave and vacation usage will be on an hour-for-hour basis. Overtime pay practices will remain the same; eligibility for overtime pay will be based on hours worked in excess of normal 80-hour schedule in a two-week work period. ARTICLE V MINIMUM MANNING Section 1. Minimum fire suppression platoon strength shall be as specified in this section. It is the intent of the City to maintain current levels of sworn personnel and current rninirnurn manning standards throughout the term of this agreement. Before any change in rninirnurn Fire Suppression Platoon strength is made by the City, the City shall meet and confer in good faith with the Fire Union regarding such change or changes. L 4 Engine Companies with:1 Captain or qualified relief 1 Engineer or qualified relief 1 Firefighter 1 Truck Company with: 1 Captain or qualified relief 1 Engineer or qualified relief 2 Firefighters 2 Paramedic Vehicles with:2 Certified Firefighter/Paramedics Section 2. Filling of Temporary Positions. A. When an employee has filed for retirement benefits through proper channels and has officially been placed on 1.O.D., said position shall be filled from the appropriate eligibility list on a temporary basis. B. Promotions from temporary to permanent status shall not occur after the expiration date of such eligibility list. (An exception is specified in Section 3 below.) C. Anniversary dates shall be computed for merit increases from the temporary appointment date. D. Promotional examination dates shall be as follows: A Fire Engineer examination and certification of an eligibility list will be completed by March 31 ;t of each even numbered year. A Fire Captain examination and certification of an eligibility list will be completed by March 31 st of each odd numbered year. (8) RESOLUTION NO. 07-6983 PAGE FOURTEEN E. An interim eligibility list for Fire Engineer or Fire Captain may, at the discretion of Fire Chief, be established under either of the following conditions: 1. The current eligibility list(s) is exhausted prior to June 1 ;t of the year preceding the regularly scheduled exam. 2. The Fire Chief has knowledge, prior to June 1 ;t, that the list will be exhausted and a vacancy will occur or exist prior to the next regularly scheduled exam. In such event, the Fire Chief shall notify the Union. F. When an interim examination occurs pursuant to Subsection E above, the following conditions will be followed: 1. The regularly scheduled exam for that classification will be held by March of the appropriate year pursuant to Section D above. 2. Three months notification will be given prior to the written exam date. Notification will follow same format as a regularly scheduled exam. 3. The exam will have the same components as the most recent examination given for that classification (e.g. for Fire Engineer exam the components would be: Written, Driving & Pumping Exercise, and Technical Interview). 4. The interim eligibility list will expire upon certification of the eligible list created from the regularly scheduled exam. Remaining candidates from the interim list must take and successfully complete the regularly scheduled exam to be eligible for promotion. Lists will not be merged. Section 3. Promotion from Temporary Fire Engineer to Fire Engineer. Notwithstanding the provisions of Article III of the Personnel Management Rules and Regulations to the contrary, this clause shall govern the certification and promotion of individuals who have been appointed by the Fire Chief from a certified eligibility list to the position of Temporary Fire Engineer on a long-term basis; other than for the purpose of temporarily replacing an employee off duty due to disability, shall be eligible to fill the next regular Fire Engineer vacancy without obligation to retest for certification to the subsequent eligibility list. Actual appointment from Temporary Fire Engineer to Fire Engineer shall be made at the discretion of the Fire Chief. ARTICLE VI OVERTIME PROVISIONS Section 1. Compensation for Overtime. All authorized overtime for employees shall be paid at time and one-half the regular hourly rate of pay for such employees. Overtime shall be paid on all hours worked in excess of a normal shift(s). Hours worked in shift trades shall be excluded as hours worked. Section 2. Policy. 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 (9) RESOLUTION NO. 07-6983 PAGE FIFTEEN shall be approved in advance by the City Manager; except in the event of emergency or to maintain minimum manning overtime may be authorized by the department head or his designee Section 3. Emergency Service Condition. In the event of a declared emergency or national or State disaster in the City of Downey, the City shall not be required to pay overtime. Regardless of any of the provisions of this Agreement, employees shall not be entitled to receive overtime during the first seven (7) calendar days of the severe emergency or disaster. Section 4. Call-Back Overtime. A. Employees covered by this Agreement who are called in to perform work at times other than those normally required for the employee's schedule shall receive and be paid for a minimum of four hours at the overtime rate of time and one-half. Hours worked in excess of the 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 of a regular shift shall not be eligible for the call-back minimum but shall be paid for hours actuallyworked . i Section 5. Administration. Overtime work shall be distributed as equitably as practicable over the term of this Agreement among those employees in the same classification. Section 6. Training. City designated job training on employee's time off or on employee's work time shall be compensated in accordance with FLSA. No overtime shall be paid where safety personnel are designated to participate which requires the employee to remain over night, and the City pays per diem expenses in accordance with departmental policy. Section 7. Compensatory Time Off. A. Compensatory time may be granted to employees in lieu of overtime pay in accordance with, Fire Department Administrative Policy, volume 1, chapter 3, section 5 dated December 4, 2002 that is hereby incorporated as though fully set forth herein. An employee wishing to take compensatory time off must obtain the prior approval of his supervisor. When a supervisor requests that an employee take compensatory time off, employee needs must be considered and reasonable notice given by the supervisor to the employee. The need for calling in personnel for minimum manning shall not alone justify disapproval of the employee's compensatory time off. B. Upon retirement, an employee may request that unused accumulated compensatory time be applied to pay premiums for employee and dependent City health insurance coverage. C. Compensatory hours may be accumulated without limit. Employees may cash in their compensatory hours by giving sufficient notice to the Fire Chief and Finance Department. The City-shall pay off all CTO hours in excess of 300 hours (480 hours for 56 hour employees) as of December 1 , 2005. Excess will be paid in the following January. (10) RESOLUTION NO. 07-6983 PAGE SIXTEEN ARTICLE VII HOLIDAYS Section 1. In lieu of receiving holidays off, each 56-hour employee covered by this Agreement, shall receive 132 hours off with pay each year that shall be scheduled in accordance with Fire Department Administrative Policy, volume 1, Chapter 3, section 9 dated May 1, 2002. Holiday hours may be accumulated. As an option to using their holiday time, employees may cash in their holiday time by giving sufficient notice to the Fire Chief and Finance Department. Section 2. Employees assigned to a 40 hour schedule will receive eleven holidays per year. For each holiday, the employee will receive 8 hours of holiday pay if the holiday falls on the employee’s schedule workday and 8 hours of compensatory time if the holiday falls on a day the employee is not scheduled to work. Actual holidays will be those days on which City Hall is closed in recognition of the holiday. ARTICLE VIII VACATION Section 1. Employees covered by this Agreement shall accrue vacation hours on a monthly basis as follows: Years of Service 56-hour employees 40- hour employee 0 - 3 4 - 5 6 -10 11 -15 16 -20 10 hours 12 hours 15 hours 17 hours 20 hours 6.7 hours 8.0 hours 10.0 hours 11.3 hours 13.4 hours Section 2. Vacation shall be taken as per Fire Department Administrative Policy volume 1, chapter 3, section 10 dated June 28, 2002. All eligible employees, however, shall be allowed to accumulate two (2) years allowance of vacation with written prior approval of the Fire Chief, If an employee is prohibited by the supervisor from taking vacation because of manpower shortages or operational needs, the employee shall be paid all scheduled vacation hours cancelled at the rate in effect at the time the employee would have taken his or her vacation. All accumulated vacation in excess of two (2) years shall be taken off within ninety (90) days, at a time mutually agreeable to both the supervisor and the employee. If at all possible the supervisor shall accommodate the employee’s desires as to the taking of vacation. If the employee does not take the excess time off within the ninety (90) days, the employee will not accrue additional vacation time until the accumulation drops below the two-year cap. Section 3. When an employee who has become entitled to receive vacation under this Article separates from City service, either by retirement, permanent layoff, or termination, the employee shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of separation. Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of work hours per year to which the employee is eligible to receive based upon the employee’s years of service with the City. (11) RESOLUTION NO. 07-6983 PAGE SEVENTEEN Section 5. Employees who are separated from their employment with the City, after completion of the probationary period, shall be paid all accrued vacation, if any, on a pro-rata portion of their unused vacation at the rate in effect at the time of termination. Pro-rata vacation shall be based upon the basis of one-twelfth (1/12th) of the employee's annual vacation pay for each full month of service worked by the employee during the employee’s employment with the City Section 6. Workday for the purpose of this Article shall be construed to be twelve (12) hours of pay, for 56-hour personnel and eight (8) hours of pay for 40-hour personnel. ARTICLE IX LEAVE OF ABSENCE Section 1. Leave of Absence Without Pay. The City Manager may grant a permanent employee a leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1) year. The City Council may grant a permanent employee a leave of absence for a specific purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Personnel Office of the City. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. The employee shall report 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 health, dental and life insurance premiums directly to the City in order to maintain those benefits during an approved leave of absence.i Section 2. Written Notice of Return. An employee on leave of absence must give the City at least seven (7) days written notice of the employee's intent to return to work. Section 3. Outside Employment. An employee who engages in outside employment during said leave of absence shall be subject to termination. Any employee who falsified a reason for the request for said leave of absence or any extension of such leave of absence, may be terminated for falsifying such request. Section 4. Sick Leave A. Sick leave shall be defined as absence from duty because of illness or off-the-job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Sick leave shall be paid to covered employees at the following monthly rate: 56-hour per week personnel - 12 hours accrual each month 40-hour per week personnel - 8 hours accrual each month Unused sick leave shall be accrued without a limit on accumulation. When an employee is transferred from a 56 to a 40-hour workweek, all accruals shall be reduced by one-third; when an employee is transferred from a 40-hour workweek to a 56-hour work week, accruals shall be increased by one-half. (12) RESOLUTION NO. 07-6983 PAGE EIGHTEEN C. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor prior to or within thirty minutes of the time set for beginning duty. For any such absence, the employee shall file a statement with the City Manager through channels stating the cause of the absence. When the absence is for one and one-half (1.5) work shifts or more, the department head concerned may require a physician's certificate stating the cause of absence before said leave shall be approved for compensation by the City Manager. D. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. E. At the written request of the Fire Chief, the City Manager may require an employee to submit to an examination by the City’s physician; and if the results of the examination indicate the employee is unable to perform his duties, or in the performance of his duties, exposes others to infection, the employee shall be placed on sick leave until adequate medical evidence is submitted that the employee is competent to perform his duties or will not subject others to infection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his own selection, and at his own expense, in addition to the report submitted by the City's physician. In the event of a conflict of opinion and/or recommendation of the two physicians, a third physician shall be selected by the first two physicians and be paid jointly by the City and the employee, the final decision shall be made by the City Manager based upon medical evidence. F. Sick Leave Payoff on Retirement Upon retirement of an eligible employee, 90% of the employee’s unused accumulated sick leave shall be deposited into the City Retirement Health Savings Plan to be used for eligible medical expenses. The maximum number of hours that will be deposited is, for a 56-hour per week employee, 1,944 2,363 hours (90% of 2,160 2,625) or, for a 40-hour per week employee, 1,296 1 ,575 hours (90% of 1 ,440 7 ,750) , G. For employees hired on or after July 1, 1974, accrued sick leave shall be valued for the purposes of Section F above, on the following basis: 1. Sick leave earned for such employees shall be costed at the rate prevailing at the end of the fiscal year in which it was earned. 2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave first, provided however, when an employee takes sick leave, the employee shall receive for each day of sick leave one (1) day's pay at the employee's rate in effect at the time of taking sick leave H. Employees who have accumulated 960 hours of sick leave for 56-hour personnel (640 hours for 40-hour personnel), may convert two (2) hours of accumulated sick leave for one (1 ) hour of vacation; provided that no more than one hundred twenty (120) hours (eighty (80) hours of sick leave for 40-hour personnel) of sick leave can be converted in any one (1 ) fiscal year. Section 5. Emergency Leave. A. With the approval of the Fire Chief, any employee who is absent from work by reason of attendance upon members of the immediate family whose incapacitation requires the care of such employee; or death in the immediate family of the employee, may be allowed (13) RESOLUTION NO. 07-6983 PAGE NINETEEN emergency leave with pay, not to exceed 72 hours per incident, which is deducted from accumulated sick leave. Immediate family shall include and be limited to mother, father, brother, sister, spouse, or child of any eligible employee of the City, or of the spouse of the employee. For the purpose of this Section, workday shall be defined as a twelve (12) hour work day for 56-hour personnel. B. For absences under this Section exceeding a total of 48 consecutive hours for 56- hour personnel in any six-month period, a physician’s certificate verifying the leave basis may be required by the City Manager. For absences under this section exceeding a total of 24 consecutive hours for 40-hour personnel in any six-month period, a physician's certificate verifying the leave basis may be required by the City Manager, or the department head. C. All such claims for emergency leave are subject to verification by the City Manager. D. Should emergency leave be required for purposes other than set forth in A above, vacation or comp time off may be used with the approval of the department head, consistent with the general personnel rules of the City. E. Administrative Regulation # 403 governs the leave taken under the Family and Medical Leave Act and the California Family Rights Act. ( Section 6. Workers' Compensation Injury on Duty. Employees covered by this Agreement shall be entitled to all rights provided under Section 4850 of the State of California Labor Code, Government Code 21025.2, and other pertinent codes and ordinances adopted by the City of Downey. A. Reclassification of Injured Worker. If in the opinion of the City, an employee has been found to be permanently physically incapable of performing the duties of the currently held position, the City may place the employee into another vacant position of equal level or lower within the bargaining unit; provided such placement is consistent with the City's affirmative action program and is approved by the appointing authority. Nothing herein shall be construed to prevent said employee from applying for and competing for positions of a higher class or positions represented by other bargaining units. Section 7. Employee Disability Leave. A. This section establishes a disability leave plan at seventy-five percent (75%)of the base salary for employees having more than (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and compensatory time due to a non- industrial illness or injury under the following eligibility schedule: Maximum Time Allowance (Workinq Days) Years of Service Before Reimbursement Additional After Reimbursement Total 1 through 5 6 through 10 Over 10 30 45 60 15 23 30 45 68 90 (14) RESOLUTION NO. 07-6983 PAGE TWENTY B. Application for disability leave shall be made by the employee through the department head, to the City Manager, accompanied by full medical justification from a physician chosen by the City at the discretion of the City. Failure to submit to such an examination shall be a basis for terminating disability leave. For purposes of this Section, twelve (12) hours shall constitute one workday for 56-hour personnel. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. C. After the employee returns to work, the employee shall reimburse the City one-half (1/2) of the time used for such employee disability leave at a minimum rate of one-half (1/2) day of sick leave per month; or may contribute vacation or holiday time to accelerate employee's reimbursement to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1) day's leave for each half (1/2) day reimbursed to the City; provided that no employee shall receive more than the "total" set forth above for his length of service during his entire employment with the City E. Grounds for termination of disability leave by City Manager shall include, but not be limited to, the following reasons: 1. The employee has recovered from his illness or injury. 2. The disability leave was procured by fraud, misrepresentation, or mistake. 3. The employee has not cooperated fully in supplying all information and submitting to any examination requested by the City to determine the existence or continuing nature of the employee's disability. Section 8. Military Leave. Military leave shall be granted in accordance with the provisions of state and/or federal law. All employees entitled to military leave shall give the Fire Chief an opportunity, within the limits of military regulations, to determine when such leave shall be taken Section 9. Jury Duty. Effective November 1, 1991, the City will not provide paid release time for jury duty to employees in classifications represented by this Union. If the State and/or Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury service to persons who do not receive paid release time for jury duty from their employers, so as to require jury service despite the absence of such pay from their employer; then the City's practice of providing paid release time to employees for jury duty shall be reinstated immediately upon the effective date of such change for the applicable State and/or Federal Court. A. In the event that an employee is called for jury duty and wishes to serve, accrued vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the scheduling requirements of the City. B. In the event that the court fully reimburses the City for the full salary of an employee on jury duty, the City will immediately reinstate the practice of providing paid release time to employees for jury duty. (15) RESOLUTION NO. 07-6983 PAGE TWENTY-ONE ( C. In the event that an employee is called for jury duty and the court does not excuse jury service based on the non-payment of salary by the employer, the City shall grant said employee paid release time for the required jury duty. However, it is mandatory that the employee advise the judge and/or appropriate court personnel of the City’s non-payment policy. While on paid release time for required jury duty, employees will not work any fire shifts or work the evening before or the evening after release from jury duty. ARTICLE X FRINGE BENEFIT ADMINISTRATION Section 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exists or may exist in the future during the term of this Agreement. The City agrees to reopen the contract for the expressed purpose of providing PERS medical insurance should all city employee groups request and agree to the change Section 2. Selection and Funding. In the administration of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of providing coverage to fund the benefits included under the terms of this Agreement; provided that the benefits of the employees shall be no less than those in existence as of the implementation of this Agreement. [ Section 3. Changes. If, during the term of this Agreement, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Union prior to any change of insurance carrier or method of funding the coverage. Effective November 1, 2000, the City agrees to add to the Kaiser Plan the benefit of eyeglass lenses every twenty-four months with a $70 frame allowance. ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section 1. Medical Insurance. A. The City shall continue to contribute 100% to a medical benefit package for the employee and his/her dependents for the term of this Agreement. B. Employee withdrawal from City health plan. The City agrees to permit an employee to withdraw from the City health plan as follows: 1 The employee is either enrolled in the Kaiser Plan, or 2. The employee had claims for the year prior to the open enrollment in an amount equal to or greater than the employee premium rate, and 3. The employee presents written proof that the employee is covered by another health plan, and (16) RESOLUTION NO. 07-6983 PAGE TWENTY-TWO 4 The employee notified the City during the open enrollment period. The City agrees that an employee who is qualified to withdraw from the medical plan shall receive $81.00 per month if the withdrawal is for employee only coverage; $162 per month if the withdrawal is for employee plus one coverage; or $229 per month if the withdrawal is for family coverage, to be added to the employee's paycheck or to be placed in the City’s deferred compensation plan. Section 2. Dental Insurance. The City will continue to pay up to $31.95 per month for a dental plan for the employee and family. Effective upon the execution of this agreement (benefit year 2007), the City agrees to increase the maximum benefit under the Delta Dental coverage from $1,000 to $2,000 for each enrollee per calendar year. The city agrees to absorb any increase in cost and the association agrees that the employee’s contribution will continue to be $44.45 per month. The City and Association agree that the City’s contribution amount will be capped at the amount equal to the premium to be effective July 1, 2008 minus the employee contribution of $44.45. Section 3. Life Insurance. Each employee covered by this Agreement shall be provided with a group term life insurance benefit of $10,000. Section 4. Medical Insurance Widow's Continuance. The City's self-funded medical insurance contract shall allow the spouse and minor dependents of a deceased employee to maintain eligibility on the policy indefinitely or until such time that the spouse remarries or obtains another paid group medical insurance policy. Section 5. Citywide Medical Committee. A Committee, consisting of one representative appointed from each Employee Association, will be created for the purpose of studying the City Medical plans with the goal of reducing the cost of the plans and developing improved retiree medical benefits. No changes to the existing health benefits will be made without written approval of both parties. ARTICLE XII RETIREMENT Section 1. PERS Coverage. Employees covered by this Agreement participate in the Public Employees' Retirement System. Employee options are described in a contract between the City of Downey and the Public Employees' Retirement System. Section 2. Employee's PERS Contribution. Nine (9) percent of the base salary shall be applied to the employee's contribution towards retirement. Section 3. Retiree Medical Annuity. An employee who retires from the City of Downey shall be entitled to participate in the City sponsored medical plans; for employees who retire after July 1, 1987, the City shall contribute up to a maximum of $98.00 per month toward the premium for employee only coverage under the City sponsored medical plans; and for employees who retire after July 1, 2002, the City shall contribute up to a maximum of $200.00 per month toward the premium for employee and dependents; and for employees who retire (17) RESOLUTION NO. 07-6983 PAGE TWENTY-THREE after July 1 , 2003, the City shall contribute up to a maximum of $235.00 per month toward the premium for employee and dependent; and for employees who retire after July 1 , 2004, the City shall contribute up to a maximum of $270.00 per month toward the premium for employee and dependents provided: A. At the time of retirement the employee has a minimum of ten (10) years of service, or is granted a service-connected disability retirement; and B. At the time of retirement the employee is employed by the City; and C. Effective the day after official separation from the City the employee has been granted a retirement allowance by the California Public Employees' Retirement System. D. The City's obligation to pay said monthly contributions shall be modified downward or cease during the lifetime of the retiree upon the happening of any one of the following: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer the payment will be suspended. "Another employer" as used herein means private employer or public employer or self-employed or the employer of a spouse. As a condition of being eligible to receive the premium contribution set forth above, the City shall have the right to require any retiree to annually certify that the retiree is not receiving any such paid health insurance benefits from another employer. If it is later discovered that misrepresentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive benefits will cease. [- 2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in Medical or Medicare, the City's plan shall provide secondary coverage only and the City’s contribution rate set forth above shall be adjusted downward accordingly. 3. In the event the Federal government or State government mandates an employer funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public plan) for retirees, the City's contribution rate set forth above shall be first applied to that plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance owing for such coverage if any. 4. Upon the death of the retired employee, the monthly contributions shall cease. The surviving spouse shall be able to continue coverage by paying the appropriate premium. It is understood and agreed that the annual amount contributed by the City to fund the Retiree Medical Annuity on behalf of the employees, shall be included as an item of compensation in total compensation suIvey comparisons. Section 4. 30/, at age 50 Retirement Benefit. Effective July 23, 2001, the City shall amend the contract with the Public Employee’s Retirement System PERS) to implement the benefits of Government Code Section 21362.2, to provide the 3% at 50 retirement formula. (18) RESOLUTION NO. 07-6983 PAGE TWENTY-FOUR Section 5. Optional PERS Plans The City will agree to meet with the association to consider retirement payment options under the PERS plan should new options be established in the future (e.g. DROP plan) provided that such options are clearly cost neutral. ARTICLE XIII TUITION REIMBURSEMENT Section 1. With prior approval of the City Manager, employees may be reimbursed for tuition and books for courses taken to improve their value to the City. Tuition shall be reimbursed for courses as recommended by the department head with job related justification and approved by the City Manager. Employees must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at Los Angeles State University for courses on the quarter system; and Long Beach State University for courses on the semester system. Reimbursement for books shall only be made if employees turn such books in to the Downey Fire Library system for use in the system. ARTICLE XIV PROBATIONARY PERIOD Section 1. An original appointment will be tentative and subject to a probationary period of not less than eighteen (18) months; except that the City Manager may extend the probationary period for a class up to an additional six (6) months or for a marginal employee up to an additional three (3) months. Should the Fire Chief desire to terminate any original probationary employee prior to the end of the probationary period, the Fire Chief shall notify the employee prior to termination. Promotional probationary period shall be for a period of six (6) months I Section 2. If the service of the original probationary employee has been satisfactory to the Fire Chief; then the Fire Chief shall file with the Personnel Office within two (2) weeks of the end of the probationary period, a merit rating including a statement, in writing, to such effect and stating that the retention of such employee in the service of the City is desired. If such a statement is not filed within two weeks of the end of the probationary period and the employee notified, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. Section 3. All probationary periods shall extend to the first day of the month following the period of probation. Section 4. Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appointment, or at the conclusion of the probationary period by reason of failure of the Fire Chief to file a statement that his services have been satisfactory, shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in the Personnel Ordinance and these rules for positions in the classified service. If there is no vacancy in the classification from which the employee was promoted, the most recently hired employee shall be terminated without prejudice. (19) RESOLUTION NO. 07-6983 PAGE TWENTY-FIVE Section 5. The probationary period may be extended by the length of time the employee is absent during the probationary period except for vacation and regular days off. ARTICLE XV SENIORITY Section 1. Seniority is defined as the length of an employee's continuous service within rank from his last date of promotion, and shall apply in the manner and to the extent set forth in the remainder of this article. Section 2. Probationary employees shall have no seniority rights, but shall acquire seniority from their last date of hire upon completion of their probationary period. Section 3. Seniority shall apply between employees in a rank for purposes of layoff and recall if in the objective determination of the Fire Chief the employee’s abilities and performance are substantially equal. Section 4. An employee who is subject to layoff may exercise his seniority in another rank within the Fire Department provided that the employee has satisfactorily held the same position in the rank in which the employee seeks to exercise seniority. The employee with the earliest promotion date to that rank will be considered to have seniority for that position. [ ARTICLE XVI CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: (19) A. To manage the City generally and to determine the issues of policy. B. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. C. To determine the nature, manner, means, and technology, and extent of services to be provided to the public. D. Methods of financing. E Types of equipment or technology to be used. F. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. (20) RESOLUTION NO. 07-6983 PAGE TWENTY-SIX 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. J.To establish and modify productivity and performance programs and standards. K To discharge, suspend, demote, or otherwise discipline employees for proper cause. L To determine job classifications and to reclassify employees. M. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City N. To determine policies, procedures and standards for selection, training and promotion of employees O. To establish employee performance standards, including but not limited to, quality and quantity standards and to require compliance therewith. P To maintain order and efficiency in its facilities and operations. Q. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. R. To take any and all necessary action to carry out the mission of the Agency in emergencIes. Section 2. The Fire Chief has the authority to establish and change shift schedules to meet the needs of the department in an emergency. The Fire Chief has the authority to establish reporting times for shift changes in an emergency. The City has the right to enter into mutual or automatic aid agreements. Section 3. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management’s rights shall impact on employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the exercise of such rights; unless the subject matter of the exercise of such rights is provided for in this Agreement or in the Personnel Rules and Salary Resolutions and/or affecting written departmental rules and regulations which are incorporated in this Agreement. By agreeing to meet and confer in good faith with the Union as to the impact and the exercise of any of the foregoing City rights, Management’s discretion in the exercise of these rights shall not be diminished (21 ) RESOLUTION NO. 07-6983 PAGE TWENTY-SEVEN ( The City shall not exercise the foregoing rights in an arbitrary, capricious, invidiously discriminatory manner or in such a manner as to imperil the health and/or safety of the employees. ARTICLE XVII EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of all employees in the classifications and positions recognized to be represented by the Union, who voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided for this purpose. The City shall remit such funds to the Union within thirty (30) days following their deduction. Section 2. Indemnification. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions or transmittal of such funds to the Union; except the intentional failure of the City to transmit to the Union monies deducted for the employees pursuant to this Article. ARTICLE XVIII L-NO STRIKE - NO LOCKOUT A. PROHIBITED CONDUCT Section 1. The Union, its officers, agents, representatives and/or members agree that during the term of this Agreement they will not cause or condone any strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform services. Section 2. The City agrees that it shall not lockout its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law. Section 3. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject to termination by the City. Section 4. In addition to any other lawful remedies, or disciplinary actions available to the City, if the Union fails, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of the rights and privileges accorded to the Union under the Employee Relations Ordinance in this Agreement including, but not limited to, right of access, check-off, the use of the City's bulletin boards and facilities. B. UNION RESPONSIBILITY Section 1. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1, above; the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A, Section 1, above, and return to work (22) RESOLUTION NO. 07-6983 PAGE TWENTY-EIGHT Section 2. If the Union performs all of the responsibilities set forth in Section 1 above, its officers, agents, or representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. ARTICLE XIX GRIEVANCE PROCEDURE Section 1. Grievance. Grievance shall be defined as a dispute between the Union, 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. Section 2. Conduct of the Grievance Procedure. An employee may request the assistance of another person of his own choosing in preparing and presenting his grievance at any level of review, or may be represented by a recognized employee organization or may represent himself. A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior to the date that the grievance was filed, in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. B. All time limits specified may be extended to a definite date by mutual agreement of the employee or his Union representative, and the decision-making Management representative involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in writing and signed by the employee or Union representative and management representative. Section 3. Grievance procedure shall provide for the following steps: Step One. Informal Procedure. An employee must first attempt to resolve a grievance without delay through discussion with a supervisor on an informal basis. The grievance shall begin at the level of supervision that ultimately took the action that resulted in the grievance. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's immediate superior, if any, and through the chain of command to the Fire Chief if necessary. Every effort shall be made to find an acceptable solution by these informal means at the most immediate level of supervision. At no time may an informal process go beyond the Fire Chief. In order that this informal procedure may be responsive, all parties involved shall expedite this process In no case may more than fourteen (14) calendar days elapse from the date of the alleged incident or action giving rise to the grievance; 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 be barred and waived. Appeals of disciplinary action begin one level of supervision above the supervisor taking the disciplinary action. Terminations are appealed directly to the Personnel Advisory Board (Step Four). (23) RESOLUTION NO. 07-6983 PAGE TWENTY-NINE Step Two. 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. The Fire Chief shall review the written material submitted by the employee and may require the employee's supervisor and/or superior officers to submit written material regarding this grievance. Copies of these materials will be given to the employee prior to meeting with the Fire Chief. The department head shall render a decision and comments in writing which shall be given to the employee within ten (10) calendar days of the meeting between the employee and the department head. Step Three. Employee Relations - Personnel Director. If the grievance is not resolved in Step Two, the employee may, within ten (10) calendar days present the grievance in writing to the Employee Relations/ Personnel Director for processing. Failure of the employee to take this action will constitute termination of the grievance. In the event the employee is not being represented by a recognized employee organization, the Employee Relations/Personnel Director shall forward the grievance to the designated management representative who shall attempt to resolve the grievance with the employee. If the employee is being represented by a recognized employee organization, the Employee Relations/Personnel Director shall convene a joint meeting of the recognized employee organization and management representative who shall attempt to resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, both parties shall advise each other, in writing, as to their respective positions. [ Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the employee may, within ten (10) calendar days of the receipt of the written position from management representatives, present a “request for hearing” in writing to the Personnel Director. Failure of the employee to take this action will constitute termination of the grievance. With the approval of the Personnel Advisory Board, the Personnel Director shall request from the State Mediation and Conciliation Service, or mutually agreed upon alternative organization, a list of seven (7) neutral hearing officers. In the event that the parties cannot agree upon a mutually acceptable hearing officer from the list of seven, the parties shall alternately strike names from the list, with the City striking the first name. The identity of the last remaining individual on the list will be selected as the hearing officer. The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30) calendar days of its conclusion, render a written decision that includes findings of fact and a recommendation to the City Manager. That decision shall be served jointly upon the grieving party and the City Manager Step Five. City Manager’s Decision. Within thirty (30) calendar days of receipt of the decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that decision. The decision of the City Manager shall be the final administrative decision. [ (24) RESOLUTION NO. 07-6983 PAGE THIRTY ARTICLE XX MISCELLANEOUS Section 1. Substance Abuse Policy. The City of Downey and the Union 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 Union recognize that their future is dependent on the physical and psychological well being of all employees. The City and the Union mutually acknowledge that a drug and alcohol-free work environment benefits Downey’s employees and citizens. The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation. A. Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers that are undertaken in accordance with the direction of the Police Department. B. When reasonable suspicion exists, the City may require an employee to submit to a medical examination, including, but not limited to, a substance screening. Substance screening means the testing of urine or other body fluids as reasonably deemed necessary by a physician to determine whether an employee has a restricted substance in their system. 1. Reasonable suspicion is cause, based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol; so that the employee's ability to perform the functions of the job is impaired, or so that the employee's ability to perform his/her job safely is reduced. C. Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination. D. The supervisor, or designee, shall transport the suspected employee to the testing facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system which includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute of Drug Abuse and comply with established guidelines for "chain of custody" to insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and storage process. (25) RESOLUTION NO. 07-6983 PAGE THIRTY-ONE E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An employee who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if he or she so chooses, a positive test result. F. While use of medically prescribed medications and drugs is not per se a violation of this policy; this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability, to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances. G. Employees with substance abuse problems are encouraged to participate voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to his/her employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated. Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City may refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement." An example of the type of terms and conditions the City may require is included in Attachments I and II. 1. It is the City's intent to use the EAP option for first offenders except the City reserves the right to discipline for those offenses which are a significant violation of City/department rules and regulations or where violation did or could have resulted in serious injury or property damage. Section 2. 125 Plan. Employees covered by this agreement are eligible to participate in the City's 125 Plan. Section 3. Filling and Vacating Assignments Department assignments and transfers will be done in accordance with Fire Department Administrative Policy, Volume 1, Chapter 3, Section 15, dated December 18, 2002. Section 4. Examination Observer A person from a City Personnel Office, preferably the Personnel Analyst from the Downey Personnel Office, will audit the Fire Captain departmental evaluation process, Fire Captain interviews, and Fire Captain and Fire Engineer written examinations. The role of this person will be to evaluate the time, examination content, and testing environment/technologies for each candidate. The person will not be a grader. The Person will also be present when interviews are held for Training Officer, EMS Coordinator, and Apparatus Coordinator. This section will terminate June 1, 2005 2010 (26) RESOLUTION NO. 07-6983 PAGE THIRTY-TWO ARTICLE XXI SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memorandums of understanding, or memorandurns of agreement, or contrary salary and/or personnel resolutions and ordinances of the City, oral or written, expressed or implied, agreements between the parties or understandings between the parties; and shall govern their entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with federal or state law or City Charter. Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of Downey, certain personnel resolutions, ordinances and departmental rules, regulations and orders. To the extent that this Agreement does not specifically contravene provisions of these personnel resolutions, ordinances, departmental rules, regulations and orders; such personnel resolutions, ordinances and departmental rules, regulations and orders are specifically incorporated herein. Section 3. Fire Department General Orders, rules and regulations issued by the Fire Chief shall become a part of this Agreement provided they do not contravene any other provision of this Agreement; and further provided the City shall meet and confer in accordance with state law regarding the adoption of such general orders. ARTICLE XXII WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT During the term of this Agreement, the parties mutually agree that they will not seek to meet and confer with regard to wages, hours, and terms and conditions of employment, whether or not covered by this Agreement or in the meet and confer process, except as otherwise provided for in this Agreement; thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the meet and confer process leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter not specifically provided for in this Agreement during the term of this Agreement. ARTICLE XXIII EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, flood, insurrection, civil disorder, national emergency, or similar circumstances; provisions of this Agreement or the Personnel Rules or Resolutions of the City, that restrict the City's ability to respond to these emergencies shall be suspended for the duration of such emergency. After the emergency is over, the Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the Agreement and any Personnel Rules and Policies (27) RESOLUTION NO. 07-6983 PAGE THIRTY-THREE ARTICLE XXIV SEPARABILITY Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by reason of any existing or subsequent enacted legislation, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. This Agreement shall be binding upon the successors and/or assigns of both City and the Union to the extent permitted by law. ARTICLE XXV TERM OF THIS MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 1, 2006 and shall continue in full force and effect until June 30, 2010. ARTICLE XXVI RATIFICATION AND EXECUTION [ The City and the Union acknowledge that this Agreement shall not be in full force and effect until ratified by the Union and adopted by the City Council of the City of Downey. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Union and entered into this day of , 2007. CITY OF DOWNEY:THE DOWNEY CITY FIREMEN’S Association (IAFF Local 3473): By:. By: By: By: By:, By: Lee Powell, Assistant City Manager Daryl Boyd, President Mark Sauter, Fire Chief Michael Scannell By: Irma Youssefieh. Personnel Director Edward Haupt Craig Petersen (28) RESOLUTION NO. 07-6983 PAGE THIRTY-FOUR EXHIBIT A CLASSIFICATIONS REPRESENTED BY THE DOWNEY FIREMEN'S ASSOCIATION Firefighter Fire Engineer Fire Captain (29)