HomeMy WebLinkAbout1997-12-15 City Council (31)TO:
City
City of Palo Alto
Manager’s Report
HONORABLE CITY COUNCIL
13
FROM:CITY MANAGER DEPARTMENT:HUMAN
RESOURCES
AGENDA DATE: DECEMBER 15, 1997 CMR:497:97
SUBJECT:APPROVAL OF INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS (IAFF, LOCAL 1319) MEMORANDUM OF
AGREEMENT, COMPENSATION PLAN, AND BUDGET
AMENDMENT ORDINANCE
RECOMMMENDATION
Staff recommends Council approval of the attached resolutions amending Section 1501 of the
Merit System Rules and Regulations regarding the Memorandum of Agreement between the
City of Palo Alto and the International Association of Fire Fighters (IAFF, Local 1319), and
adoption of a Compensation Plan, and Budget Amendment Ordinance (BAO) for
nonmanagement Fire Department personnel.
BACKGROUND
A three-year Memorandum of Agreement with City firefighters represented by IAFF, Local
1319, expired June 30, 1997. Negotiations for a successor agreement continued into the fall of
1997 and ultimately ended with a tentative agreement, which has been ratified by the
Association membership. The Agreement covers the City’s 119 nonmanagement fire employees
for the period beginning July 1, 1997 and ending June 30, 2000.
DISCUSSION
The Memorandum of Agreement (attached) includes all previously negotiated provisions with
new changes indicated by shading and strikeout. New provisions of the agreement are as
follows:
Effective with the pay period including July 1, 1997, the agreement provides for a first year
salary increase of 5.0 percent to all represented nonmanagement employees. The second year
provides for a salary increase to all represented nonmanagement classifications of 3.0 percent
effective with the pay period including July 1,1998. The second year of the contract also
provides for reopening negotiations on the issues of the nepotism policy and truck company
staffing.
CMR:497:97 Page 1 of 2
The third year of the agreement provides for reopening negotiations on the issue of wages to
determine comparable survey agencies and salary ranges for represented classes, effective with
the pay period including July 1, 1999.
Other provisions to the agreement include: a change on overtime scheduling procedures;
adjusted compensation for standby duty; changes in station and shift assignment procedures;
approval procedure for continuous hours of service; inclusion of domestic partners eligibility
for vision care, dental benefits, and health plan premium reimbursement; a PERS contract
amendment to provide for Section 20930.3 for employee-paid Military Service Credit;
adjustment of vacation accrual for employees completing 19 or more years of continuous
service; minor modification in the policy for leaves of absence relating to death in the
immediate family; and an adjustment in the house fund fees. The full text of the agreement is
attached with changes indicated.
RESOURCE IMPACT
The total cost of the first year agreement provisions is $ 497,153, with second year costs totaling
$329,796. Funding for the first year is provided in the 1997-98 Budget and a Budget
Amendment Ordinance (BAO) in the amount of $192,000; funding for the second year will be
included in the Proposed 1998-99 Budget.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This is not a project for purposes of the Califomia Environmental Quality Act.
ATTACHMENTS
1.Resolution Amending Section 1501 of the Merit System Rules and Regulations
2.Resolution Adopting a Compensation Plan for Fire Department Personnel
3.Budget Amendment Ordinance (BAO) for FY 1997-1998 Proposed Funding
Rar~da/1 Rafoth
DEPARTMENT HEAD REVIEW: ,
JAY--C. I~OUNDS
Director of Human Resources
CITY MANAGER APPROVAL:
City
CMR:497:97 Page 2 of 2
PALO ALTO PROFESSIONAL FIRE
960 N. SAN ANTONIO ROAD * SUITE 291
LOS ALTOS,CALIFORNIA 94022
FIC, HTERS
November 21, 1997
Jay Rounds, Director
Human Resource Department
250 Hamilton Avenue
Palo Alto, California 94301
Dear Jay,
This letter is to inform you that the contract as purposed for the Palo Alto Firefighter and the
City of Palo Alto has been ratify. The vote was 50 for and 34 against out of 85 ballots casted.
We are hoping that there will be little delay getting the contract before the City Council for
approval.
Sincerely,
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1501 OF THE MERIT SYSTEM RULES
AND REGULATIONS REGARDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL
1319, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION i. Section 1501 of the Merit System Rules and
Regulations is hereby amended to read as follows:
1501. Memorandum of agreement incorporated by
reference. That certain Memorandum of agreement
by and between the City of Palo Alto and Local
1319, International Association of Fire
Fighters, consisting of Preamble and Article I
through XLIII, being 26 pages in length, for a
term commencing July I, 1997, and expiring
June 30, 2000, is hereby incorporated into these
Merit System Rules and Regulations by reference
as though fully set forth herein. Said
memorandum shall apply to all employees in
classifications represented by said Local 1319,
International Association of Fire Fighters,
except where specifically provided otherwise
herein.
In the case of conflict with this chapter and
any other provisions of the Merit System Rules
and Regulations, this chapter will prevail over
such other provisions as to employees
represented by said Local 1319, International
Association of Fire Fighters.
SECTION 2. The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
1
971210 lac 0031891
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
APPROVED:
City Manager
Director of Human Resources
Acting Director of
Administrative Services
Fire Chief
2
971210 lac~ 0031891
MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and LOCAL 1319, I.A.F.F.
July 1, 1997 - June 30, 2000
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as
the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred
as the "Union", has been prepared and entered into in accordance with Title I, Division 4,
Chapter 10, Sections 3500-3510 of the California Government Code and Chapter 12 of the
City of Palo Alto Merit System Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. The City recognizes the Union as the exclusive representative of an employee
group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire
Captain, Fire Inspector, Hazardous Materials Specialist, and Hazmat Investigator, who are
regularly employed by the City and others as amended into the representation unit from
time to time under existing law and the Merit System Rules and Regulations.
ARTICLE II - NO DISCRIMINATION
Section 1. The Union and the City hereby agree that there shall be no discrimination
because of race, color, age, handicap, sex, national origin, sexual orientation, political or
religious affiliation under this Agreement. There shall be no discrimination in employment
conditions or treatment of employees on the basis of membership or nonmembership in
the Union, or participation in the lawful activities of the Union.
Section 2. The Union and the City hereby agree to protect the rights of all employees to
exercise their free choice to join the Union and to abide by the express provisions of
applicable State and local laws.
Section 3. Human Relations Committee. A joint committee for Human Relations will be
established during the term of this agreement. The committee will include up to five
members appointed by the Union executive board and at least two members of
management with representation from the Fire and Human Resources Departments. The
committee may make recommendations to management regarding recruitment outreach,
equal employment opportunity and career development programs.
ARTICLE III - PAYROLL DEDUCTIONS
Section 1. The City shall deduct Union membership dues and pay other mutually agreed
upon payroll deduction from the bi-weekly pay of member employees. The dues deduction
must be authorized in writing by the employee on an authorization card acceptable to the
City and the Union. The City shall remit the deducted dues to the Union as soon as
possible after deduction.
All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the
tenth day following signing of this Memorandum of Agreement must remain on payroll
deduction for the life of the Memorandum of Agreement, or so long as they remain
members of the representation unit. Union members who establish dues payroll deduction
during the term of the Memorandum of Agreement must remain on payroll deduction for
the life of the Memorandum of Understanding, or so long as they remain members of the
representation unit. Union members on dues payroll deduction may declare their intention
to terminate such payroll deduction following expirationof this Memorandum of Agreement
during the thirty-day period between sixty and ninety days prior to expiration of the
Memorandum of Agreement.
ARTICLE IV - UNION ACTIVITIES
Section 1. Local 1319 officers may use a reasonable amount of on-duty time to attend to
Union business specifically related to representation of employees so long as:
a. Staffing is available
b. Operations are not interrupted
c. Advance approval is obtained from the Battalion Chief or Operations Chief
Section 2. Interoffice Mail and Bulletin Boards. The Union shall have access to
interoffice mail and existing bulletin boards in unit employee work areas for the purpose of
posting, transmitting, or distributing notice or announcements including notices of social
events, recreational events, Union membership meetings, result of elections and reports
of minutes of Union meetings. Any other material must have prior approval of the Battalion
Chief or Operations Chief. Action on approval will be taken within 24 hours of submission.
Section 3. Use of Meetinq Places. The Union shall have the right to reserve City
meeting and conference rooms for use during non-working hours or as subject to Battalion
Chief approval. Such meeting places will be made available in conformity with City
regulations and subject to the limitations of prior commitment.
2
ARTICLE V - NO STRIKES
Section 1. The Union, its representatives, or members, shall not engage in or cause,
instigate, encourage, sanction, or condone a strike, withholding of services, leave of
absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto
or its citizens by employees covered under this Agreement. No employee shall refuse to
cross any picket line in the conduct of Fire Department business, nor shall the Union, its
representatives or members discriminate in any way toward anyone who refuses to
participate in a strike, or any of the job actions cited above.
ARTICLE VI - PROBATIONARY PERIOD
Section 1 All original appointments to regular or part-time municipal service positions
shall be tentative and subject to a probationary period, fixed by the appointing authority at
the time of appointment, or twelve months.
Section 2. The probationary period shall be regarded as part of the testing process and
shall be utilized for closely observing all aspects of the employee’s qualifications, for
ensuring the effective adjustment of a new employee to the position and for rejecting any
probationary employee who, in the opinion of management, is not suitable to attain
permanent status.
Section 3. During the probationary period a new employee may be suspended or
terminated at any time by the appointing authority without cause and without right of appeal
or to submit a grievance. Said employee shall not have the right to proceed to arbitration
on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those
of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit
relating to the termination of a probationary employee.
ARTICLE VII - SALARY PROVISlON~
.Section 1.
3
a.Effective with the pay period including July 1, 1997, a 5% increase at the E-Step
will be applied to the salary ranges of all represented classes.
Effective with the pay period including July 1, 1998, a 3% increase at the E-Step
will be applied to the salary ranges of all represented classes.
There will be a salary only reopener to determine comparable survey agencies and
salary range rates for represented classes, effective with the pay period including
July 1, 1999. This reopener does not include determination of or changes to
differentials such as EMT, Paramedic, or Haz Mat, or any other economic or non-
economic issue.
/4\
Section 2. ,Out-of-Class compensation. All represented employees who are assigned
work in a higher classification for longer than four (4) continuous hours will be
compensated at a higher pay rate for all hours worked during the out-of-class assignment.
This provision applies as follows:
Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher
classification: Step to step. Representation unit class working as a Battalion Chief,
10% above E-Step Captain, but not to exceed 93% of Battalion Chief control point.
Representation unit class working in any other management position, within the
range of the management position.
4
Section 3. Pay for Court Appearance. Sworn Fire personnel appearing in court for the
People shall be compensated as follows:
Period Rate Minimum
a. Appearance on scheduled Time and one-half at 4 hours
day off 40-hour rate
b. Any or all court time Straight time during None
during scheduled shift shift at 56-hour rate
Appearance on scheduled
work day but not during
scheduled shift
Time and one-half, at
40-hour rate
2 hours
(2 hour minimum, may
not run into shift time)
The employee shall remit all fees received for such appearances to the City within thirty
days from the termination of his/her services. Compensation for mileage or subsistence
allowance shall not be considered as a fee and shall be retained by the employee.
ARTICLE VIII - PAY DIFFERENTIALS
Section ’1. Paramedic Differential. Paramedics who have completed the required
training and have been certified in accordance with the program will receive a ~ 12.5%
differential in addition to their base salary effective beginning with the date of assignment
di ty "-^-p’,-’-: .....""- -" "^’-’-’--^’ " .....-’:- -"’""to rotational Parame c du . ,-,v~,,, cc,,’n, ctlc, n ~,, ,~,,, ,,,,.,,,,,,., ,.,, ,,.,,,=,,,~,,,=,, =,,=,,,~,.,,,, ,-,~,,x,
’--" The Paramedic
salary differential will terminate with the cessation of assignment to rotational Paramedic
duty, except that paramedics with six or more years of Palo Alto Paramedic service will be
Y-rated upon cessation of assignment.
Section 2. Haz Mat Differential. Effective beginning with the pay period including July 1,
1990, a maximum of nine positions who are primarily assigned to rescue and who are Haz
Mat trained and certified will receive a 5% differential in addition to their base salary. This
differential does not apply to minimum staffing replacements.
Section 3. EMT Differential. Effective beginning with the pay period including
September 1, 1991, represented classifications, except the Hazardous Materials
Investigator, who maintain EMT certification will receive a 2% differential in addition to their
base salary. EMT certification for all suppression personnel is mandatory.
5
ARTICLE IX - ANNUAL ADJUSTMENT
Section 1. Annually, each employee who holds a regular full-time appointment in the
municipal service on or before July first and continues in such status through the first day
of Pay Period No. 25 (in December) shall receive, in addition to the salary prescribed
herein, a salary, adjustment equal to one. percent of the employee’s current annual salary.
Annual adjustments shall be prorated to reflect appointment from January 1 through July
1 of the current year, or interrupted service during the year.
Section 2. Effective with 1995 pay period no. 01., beginning December 24, 1994, the
provisions of Article IX will be discontinued, and base pay will be increased by 1% for
classifications within the representation unit. No annual adjustment will be paid after pay
period no. 25 in December 1994, or thereafter.
ARTICLE X - HOLIDAYS
Section 1. Representation unit fire suppression personnel in pay status shall receive 5.75
hours straight time regular pay per pay period in lieu of holidays to a maximum payment
of 149.5 hours per year.
Section 2.
a0 Personnel assigned to a 40-hour work schedule will receive paid holidays in
accordance with Sections 517 and 518 of the Merit System Rules and Regulations.
Personnel assigned to a 40-hour work schedule will receive floating days off with
pay in each of the following months: August, September, March, April, and June.
The following conditions will hold:
(1)Management will designate the schedule of the paid day off under this section
at least thirty days in advance.
(2)If, in conformance with this section, Management is unable to schedule a day
off in the month indicated for reasons of shift operations, work scheduling or
any other reason, the day will be added to the employee’s vacation accrual.
(3)If an employee fails to take a day off as scheduled by Management under this
section, the day off so scheduled will be forfeited.
ARTICLE Xl - OVERTIME COMPENSATION
Section 1. Shift personnel assigned to overtime relief duty in addition to their regular 56-
hour shift schedule shall receive overtime compensation at a rate of one and one-half times
the employee’s basic 56-hour rate, or out-of-class rate if such applies, for all hours of the
relief duty shift. Required off-duty training will be compensated at the rate of one and one-
half times the basic 40-hour rate, and emergency callback will be compensated at a rate
of one and one-half times the basic 40-hour rate to a maximum of 8 hours, and at a rate
of one and one-half times the basic 56-hour rate for those hours in excess of 8 hours.
’-,"F-’,’..".,"’...’-.~ FGCG;’,,’;G~ ~,.=,,,.,,.,.y p~.y ,,,,.,o,. ,.,,.. =,,,~,,,~,.,,,~ ,.,.., "~e’.."~’-" ’-’." ’ ~"..’ ’-"’.’-’ ,..,,v,,-. ,..,,~,,,.,~,
vv,,,..~ ore ~,.,u~ ,., ~~.. ,.,~,~.
Overtime duty assignments will first be made from the voluntary overtime list. If such
assignments c.annot be filled from the voluntary overtime list, the vacant position will be
filled by moving up on-shift personnel through out-of class assignment. Any remaining
vacancy will then be filled by overtime duty assignment made in reverse order of hire date
seniority according to specialty and qualifications required to be assigned. The overtime
duty assignment seniority list will be adjusted to clear record of assignments semi-annually
on .April 30 and October 31.
Section 2. Fire Inspectors performing standby duty for the purpose of fire/arson eeuse
investigations shall be compensated at the rates established below:
Pay Period Including
7/1/97 7/1/98 7/1/99
Regular scheduled work day
Regular days off and holidays
$42 $43 $45
$63 $65 $68
Employees receiving fire/arson investigation pay must be available to,respond to Palo Alto
Civic Center within one hour of call out. (Moved from Section 1)
Aft$-~,,
ARTICLE Xll - MINIMUM STAFFING
Section 1. Fire Department administration and the Union have agreed to the following for
clarification of minimum suppression staffing:
7
Thirty-one (31) fire suppression personnel (exclusive of the Battalion Chief) shall be
scheduled per shift (when station 8 is open). Replacement personnel will be recalled
when absences will cause staffing to fall below 31, except in the instances of:
(1)Emergency illness or absences occurring after 11:00 p.m. in which case staffing
may be at 30 until 8:00 a.m.
(2)Whenever absences will cause staffing of the Truck company to fall below three
persons for five hours or less, and such absences are not anticipated to exceed five
hours.
It is further agreed that in achieving minimum staffing set forth herein, engine, truck and
combination rescue companies shall not be reduced from the level of one Fire Captain,
one Fire Apparatus Operator and one Fire Fighter, except as indicated in Sections
1.a.(1) and (2) of this article. Paramedic unit minimum staffing shall be two certified
Paramedics. The Foothill Fire Station #8, when activated by the Fire Chief, shall be
staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter.
c. The minimum recall for suppression minimum staffing shall be four (4) hours.
ARTICLE Xlll - FIRE DEPARTMENT PROGRAMS
Section 1. The Union agrees to continue its cooperation and participation in existing
weather station and community blood pressure screening and measurement programs.
ARTICLE XlV - WORK ASSIGNMENTS AND TRANSFERS
It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments
and transfers will reflect the best interests of the Fire Department and the City. The Fire
Department will maintain a constant state of readiness to defend against fire and other
disasters. It is therefore imperative that all Fire Department divisions assign personnel in
the best manner to respond to the needs of the City and the Department. It is also
acknowledged that the Fire Chief is responsible to make and/or approve the work
assignments or transfers of Fire Department personnel.
The Fire Chief or designee will maintain a three-year station and shift assignment,
seniority-based bid system covering the following classifications within Fire Operations on
a rotational basis: Fire Captain, Apparatus Operator and Fire Fighter.
8
The Fire Chief, or his designee, shall initiate personnel assignments and transfers to
balance platoon or division strength, fill permanent or temporary vacancies and provide
required training to individual personnel. Such assignments will be based on seniority,
except where career development, training, special assignments, skills and documented
performance issues are specifically identified in writing, management may make
assignments based on such issues. For purposes of this article, seniority shall be
computed from the date of entry into the current classification.
Section 1. Shipouts. When possible, least senior Fire Fighters will be
#I snd w;J’, be given short term or shipout relief duty. in order to maintain training
continuity, shipouts of probationary personnel will not be permitted during the first three-
month training cycle. Probationary fire fighters will be assigned to Stations 3, 4, 5, or 6
during their probationary period, filling vacancies first, when possible. Upon completion of
the first three-month training cycle, the probationary fire fighter will be eligiblefor short term
or shipout relief duty. If after completion of the first three-month-training cycle, a
probationary employee fails any monthly testing process, or is the subject of identified
training needs, the probationary employee will be removed from short term or shipout relief
duty for a 60-day period. ’
Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced
more quickly and to reduce the need for excess overtime, two positions will be designated
for vacation relief. These positions will be the lowest two on the Department seniority list
who have completed their probationary period.
a.The vacation relief personswill be assigned to one station when not on relief
assignment.
eo
Relief assignment can be made to any Station or shift where a shortage of
personnel will cause unnecessary overtime.
Shortages may be caused by vacation, sick leave, disability or any leave of
absence that causes a shift to be short of personnel while another has a surplus.
Shift transfers will be made so as not to cause the relief person to work more than
the prescribed number of hours in the prescribed period.
Relief assignments will be made and hours will be coordinated by the Battalion
Chief’s office.
Section 3. Transfer Re~.uests. Non-probationary fire personnel may submit transfer
requests to their-immediate supervisor to be forwarded to the appropriate chief officer.
Providing that Departmental needs are satisfied, such transfers will be administered using
first a mutually agreeable exchange, secondly seniority.
9
The transfer requests shall remain on file during the year and may be granted when a
vacancy occurs, providing the requesting employee possesses the experience and
performance ability required to fill the vacancy.
Section 4. Special Assignments..Management reserves the right to assign personnel
to career development opportunities, special projects, seminars, programs and selected
educational and/or training courses, based on Fire Department needs and the performance
of the employee. Minimum staffing levels shall be maintained.
Section 5. Continuous Hourly Service. Continuous hours of service in excess of 72
hours are subject to approval by the Fire Chief or designee. Approval may be granted
when an employee has not been engaged in a greater than usual level of activity or is not
ARTICLE XV - TRAINING COORDINATION
Section 1. Three shift employees per platoon may be assigned to assist the Training
Officer in the coordination, preparation and scheduling of the training program. It is agreed
that volunteers will first be sought for such assignment, and further agreed that the details
of this section shall be established by mutual agreement between the Fire Chief and the
Union.
ARTICLE ,,XVI - PARAMEDIC ASSIGNMENT
Section 1. The City reserves the right to limit eligibility for the Paramedic Program to the
Fire Fighter classification.
Section 2. As the Program progresses, Management will assess the need for training
additional Paramedic candidates. It is Management’s intention to provide for such
additional training as necessary for Program continuity.
Section 3. Paramedics will receive a one-time cash payment of $500 for each biennial
recertification. This provision applies only to active incumbents of authorized paramedic
positions who remain in the paramedic assignment for at least one additional year after
recertification. The one year requirement after recertification does not apply to those
paramedics who may leave the program because of work-related injury or illness, or
promotion, nor does it apply when a paramedic is asked by management to recertify in
order to voluntarily extend their paramedic service to meet special departmental needs for
a period of less than one year.
10
ARTICLE XVII - FIRE FIGHTER APPRENTICE PROGRAM
Section 1. The Union agrees to assist the City in the implementation of an apprentice,
training and affirmative action program. Trainees under such programs shall be provided
with all benefits, including retirement benefits, of other fire fighters except salary.
Section 2. Employees hired under the apprentice training program may begin fire fighting
suppression work after they have reached the Trainee II level. Minimum staffing levels as
set forth above shall be determined by excluding all trainees.
Section 3, Local 1319 shall be represented and entitled to participate in all stages of the
testing process, and representatives from Local 1319 shall make recommendations to the
department concerning the qualifications of any apprentice.
ARTICLE XVIII - PROMOTION
Section 1. All regular promotions from classifications within the representation unit to the
classification of Fire Captain will be made at the fifth step on the salary range.
Section 2. For promotions to positions within the representation unit, promotion process
information will be available in the Human Resources Department office at the time of
posting. Information will include applications, minimum qualifications, study material
reference information, if appropriate, and information on passing scores. Any changes in
an established testing process must be submitted in writing to the Union for review and
input no fewer than 60 days prior to the beginning of the process.
ARTICLE XlX - REDUCTION IN FORCE
Section 1. If the work force is reduced (reduction in force) within a represented
classification, unit employees having the shortest length of service with the Fire
Department will be laid off first so long as employees retained are fully qualified, trained
and capable of performing remaining work.
ARTICLE XX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. Management may use selective call back with regard to residency in cases of
emergency.
11
ARTICLE XXI - HEALTH BENEFITS
Section 1. Except as otherwise set forth herein, the City will maintain the present level of
benefits on all City-sponsored medical programs.
Section 2. Vision Care. Effective beginning October 1, 1990, the City will offer vision
care coverage for employees and dependents. Coverage is equivalent to $20 Deductible
Plan A under the Vision Service Plan, with monthly premiums paid by the employer.
Effective July 1, 1997, dependents will include domestic partners, as defined under Section
3(b).
Section 3. PEMHCA Health Plan.
Benefits will be provided in accordance with provisions of the PEMHCA Health Plans.
Monthly City-paid premium contributions for an employee-selected PEMHCA optional
plan will be made to the maximum amount indicated in each Category.
Eligible Active
Employees
Number of Parties
Covered Monthly City Contribution
Employee Only Premium for plan selected
Employee Plus Premium for plan selected
One
Premium for plan selectedEmployee Plus
Two or More
b Effective July 1, 1997, active employee domestic partners who meet the
requirements of the City of Palo Alto Declaration of Domestic Partnership, and -are
registered with the Human Resources Department, will be eligible for
reimbursement of the actual monthly premium cost of an individual,health plan, not
to exceed the average monthly premium cost of individual coverage under the
PEMHCA health plans. Evidence of premium payment will be required with request
for reimbursement.
ARTICLE XXII - DENTAL BENEFITS
Section 1. The City will maintain the present level of benefits on the City-sponsored dental
program, except that the maximum benefits per calendar year shall be $2,000 effective
beginning with 1987.
12
Section 2. Dental Plan the City shall pay all premium payments or equivalent self-insured
program charges on behalf of employees and dependents who are eligible and enrolled
for coverage under the existing dental plan. Effective July 1,1997, dependents will include
domestic partners, as defined under Article XXl, Section 3(b).
Section 3. Effective July 1, 1986, the City will provide a 50% of reasonable charges,
$1,500 lifetime maximum orthodontic benefit for representation unit employees and their
dependents.
ARTICLE XXlll - LIFE INSURANCE
Section 1
personnel:
The City will pay up to the following amounts of premium on behalf of Fire
Per Pay Period Per Month (Approx.) -
Basic Life Insurance
(per $1,000 of coverage)
$ .13 $ .289
ARTICLE XXIV - RETIREMENT BENEFITS
Section 1. The current Public Employees’ Retirement System (PERS) benefits, known as
the "2 percent at 50" Plan (2% at 60 for the classification of Hazardous Materials
Investigator) shall continue in effect. Employees in represented classes will make PERS
member contributions by payroll deduction. The City will provide for member contributions
to be made as allowed under provisions of IRS Code Section 414(h)(2).
13
,,.)%
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Section 2. Military Service Credit. Effective as soonas possible, the City will amend its
contract with the. Public Employees’ Retirement System to provide for Section 20930.3,
Military Service Credit as Public Service.
14
ARTICLE XXV - RETIREMENT MEDICAL PLAN
Section 1. Monthly City-paid premium contributions for a retiree-selected PEMHCA
optional plan will be made in accordance with the Public Employees’ Medical and Hospital
Care Act Resolution.
ARTICLE XXVl - DEPENDENT CARE ASSISTANCE PROGRAM
Section t. The City will provide a dependent care assistance program for employees
according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections
125 and 129. The program will be available to representation unit employees beginning
with pay period number I of 1994, and remain in effect subject to a reasonable minimum
participation level and availability of third party administrative services at a reasonable cost.
ARTICLE XXVII - VACATION ACCRUAL
Section 1. All eligible fire suppression persons shall accrue vacation at the following rate
for continuous service performed in a pay status. Non-shift representation unit employees
shall accrue the 40-hour equivalent--one shift equals sixteen hours.
a.For employees completing less than four years continuous service, the accrual rate
shall be five duty shifts per year.
b.For employees completing four but not more than nine years continuous service,
the accrual rate shall be eight duty shifts per year.
c.For employees completing nine but not more than 14 years continuous service, the
accrual rate shall be 10 duty shifts per year.
d.For employees completing 14 but less than 19 er--mere years continuous service,
the accrual rate shall be 11 duty shifts per year.
e.For employees completing 19 or more years continuous service, the accrualrate
shall be 12 duty shifts per year.
Section 2. Represented employees who fail to use all vacation as accrued may continue
the accrual balance and be entitled to all accrued but unused vacation upon termination,
except as limited below.
15
Section 3. Vacation accrual balances shall be limited to three times the annual accrual
rate. Accrual credit beyond this limit shall not be recognized or compensated, except that
for employees of record as of January 1, 1984 who have vacation excess on a one-time
basis shall be set aside (banked) to be subsequently used as vacation or paid at
termination. No additions may be made to the bank after January 1, 1984. The bank is
established only to facilitate changeover from unlimited to three times annual accrual rate
limitation on vacation accrual as herein provided.
ARTICLE XXVIII - USE OF VACATION
Section 1. The maximum number of vacation scheduling slots for representation unit
suppression employees is four (4) per platoon on a year-round basis.
Section 2. Vacation scheduling must be approved by the Battalion Chief or Fire Chief.
The minimum is twelve (12) hours or more for suppression employees. Advance vacation
schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m.
Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular
pay day provided that employee requests such advance in writing to the Finance
Department at least two weeks prior to his/her vacation date. The employee’s supervisor
must verify vacation date on the request.
Section 4. ,,Illness on Vacation. When an employee becomes ill while on vacation and
such illness can be supported by a statement from an accredited physician or the
employee is hospitalized for. any period, the employee shall have the period of illness
charged against sick leave and not against vacation leave.
Section 5. When to be Taken. The time at which an employee may use accrued
vacation leave and the amount to be taken at any one time shall be determined by the
Chief with particular regard for the needs of the City, but insofar as possible, considering
the wishes of the employee.
Section 6. Limitation on Use. Employees may not use more than three times their
annual rate of accrual in any calendar year period provided, however, that the Chief may
grant exceptions to this limitation.
Section 7. Waitinq Period. Employees shall complete six months continuous service
before using accrued vacation leave.
,Section 8. Double Compensation Prohibited. Employees shall not work for the City
during their vacation.
16
ARTICLE XXIX - SICK LEAVE
Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of
actual personal sickness or disability, medical or dental treatment, or as authorized in
Section 9. Up to five days (56 shift hours for suppression personnel) sick leave per year
may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law,
brother, sister, registered domestic partner, or close relative residing in the household of
the employee.)
Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave.
Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has
been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be
accrued at the rate of six shifts per year.
Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except
as provided in Section 8 below.
Section 5, Use. Sick leave may be used as needed and approved, to the point of
depletion, at which time the employee will no longer receive pay for sick leave. A new
employee may, if necessary, use up to forty-eight (48) hours or shift equivalent of sick
leave at any time during the first six months of employment. Any negative balances
generated by such utilization will be charged against future accrual or deducted from final
paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days and who is otherwise eligible
both for payment under the long-term disability group insurance coverage and accrued sick
leave benefits may, at his/her option, choose either to receive the long-term disability
benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-
term disability benefits.
Sick leave will not be granted for illness occurring during any leave of absence other than
sick leave, unless the employee can demonstrate that it was necessary to come under the
care of a doctor while on such other leave of absence.
When an employee finds it necessary to be absent for any reason, he/she should cause
the facts to be reported to the department within 45 minutes prior to his/her regular starting
time on the first working day of absence, and shall regularly report on, or account in
advance for each work day thereafter unless hospitalized or otherwise indisposed. Such
reports may be subject to written documentation. Sick leave shall not be granted unless
such report or advance accounting has been made, provided, however, that the
department head may grant exception to this policy where the circumstances warrant.
17
Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the
beginning of the period to be covered by payments under long-term disability group
insurance coverage, whichever comes first, an employee may be granted a medical leave
of absence without pay for a period not exceeding sixty days. If the employee is unable
to return to work at the end of this period, he/she must request further medical leave which
will be subject to the approval of the City Manager. If further leave is granted, the
employee must notify the City of intent to return to work every thirty days. If further leave
is not granted, the employee’s service with the City shall be considered terminated.
Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall
forfeit all accumulated sick leave, except as otherwise provided by law and Section 8. In
the event that notice of resignation is given, sick leave may be used only through the day
which was designated as the final day of work by such notice.
Section 8. Payment for Accumulated Sick Leave. Eligible employees who leave the
municipal service in good standing, or who die while employed in good standing by the
City, and who have fifteen or more years of continuous service, shall receive compensation
for unused sick leave hours in a sum equal to two and one-half percent of their unused sick
leave hours multiplied by their years of continuous service and their basic hourly rate of
pay at termination. Full sick leave accrual will be paid in the event of termination due to
disability. For new employees hired after December 31, 1983, sick leave accrual
accumulation will be limited to 1,000 hours with no payoff provisions for unused balance
at termination.
Section 9. Personal Business Leave Charcjeable to Sick Leave. It is agreed between
the parties that all shift personnel represented by the Union shall have the right to charge
up to twenty-four hours personal business leave per year to sick leave, and that all non-
shift personnel shall have the right to charge up to sixteen hours personal business leave
per year to sick leave. Such personal business leave shall be allowed only on a staffing
available basis and where the provisions of the minimum staffing agreement are not
affected. "Staffing available" means at or above minimum staffing levels as defined in
Article Xll.
Section 10. Return to Work or Continue Work With Limited Duty. In cases of non-
work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and
the City Safety Officer, may return to work or continue work with doctor-approved limited
duty. Approval for such limited duty shall be based upon department ability to provide work
consistent with medical limitations and the length of time of the limitations. Shift employees
must be willing to accept any non-shift limited duty schedule work location and may be
subject to the reasonable availability of limited duty assignments. The City doctor may be
consulted in determining work limitations.
18
ARTICLE XXX - SUBPOENAS
Employees required to answer subpoenas as a witness for the City of Palo Alto or for a
plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work
time lost to answer depositions or to appear in court.
ARTICLE XXXl - WORKERS’ COMPENSATION
Section 1. Status Reporting While on Disability. Persons on disability will be required
to appear or otherwise report at regular two-week intervals to the Fire Chief or designate
to discuss his/her status of medical treatment therapy and physical condition. This section
is not meant to unreasonably .restrict employee’s activities so long as such activities are
cleared by the treating physician, treating program or alternative treatment program is
maintained and employee is available for full or restricted duty as soon as medical
clearance can be received.
ARTICLE XXXII - PHYSICAL FITNESS MEDICAL EXAMINATIONS
Physical fitness medical examinations for all represented employees shall include chest
x-rays every three years unless otherwise directed by a physician, eye examination and
hearing examination.
ARTICLE XXXlII - LEAVES OF ABSENCE WITHOUT PAY
Section 1. Disability. Leaves of absence without pay may be granted in cases of
disability not covered by sick leave. Pregnancy will be considered as any other disability.
Leaves of absence for disability are subject to physician’s verification including diagnosis
and medical work restriction.
Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of
personal emergency or when such absences would not be contrary to the best interest of
the City. Non-disability prenatal andLor postpartum leave is available under this provision,
but such leave shall not begin more than six months prenatal nor extend more than six
months postpartum.
Section 3. During unpaid leaves of absence for disability or other reasons, the employee
may elect to use accrued vacation credits. Requests for leaves without pay shall not be
unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be
in writing to be effective.
19
Section 4. Approval of Department Head. Leave of absence without pay for one week
or less may be granted by the department head, depending on the merit of the individual
case.
Section 5. Approval by City Manager. Leave of absence without pay in excess of one
week’s duration may be granted by the City Manager on the merit of the case, but such
leave shall not exceed twelve months’ duration.
Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered
to be without pay, and reductions in the employee’s pay shall be made accordingly.
Unauthorized leave of absence may result in termination of employment.
Section 7. Leave of Absence;, Death Outside the Immediate Family. Leave without
pay may be granted a regular employee by his/her department head in the event of death
to family members other than one of the immediate family, such leave to be granted in
accordance with Section 2 and Section 4.
Section 8. Military Leave of Absence. State law shall govern the granting of military
leaves of absence and the rights of employees returning from such absence.
ARTICLE XXXIV - LEAVES OF ABSENCE WITH PAY
Section 1. The City Manager may grant a regular employee under his control a leave of
absence with pay for a period not exceeding thirty calendar days for reasons he deems
adequate and in the best interest of the City.
.Se.ction 2. The City Council may grant a regular employee a leave of absence with pay
for a period not to exceed one year for reasons the Council considers adequate and in the
best interest of the City.
Section 3. Employee’s Time Off to Vote. Time off with pay to vote at any general or
direct primary election shall be granted as provided in the State of California Elections
Code, and notice that an employee desires such time off shall be given in accordance with
the provisions of said Code.
Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay
of one shift with provision for approval of one additional shift for travel outside the area may
be granted an employee by the Chief in the event of death in the employee’s immediate
family, which is defined for purposes of this section as wife, husband, son, son-in-law,
daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law,
mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother,.grandmother~in-
law, uncle, aunt, registered domestic partner, or a close relative residing in the household
2O
of the employee. Such leave shall be at full pay and shall not be charged against the
employee’s accrued vacation or sick leave. Requests for leave in excess of two shifts shall
be subject to the approval of the City Manager.
Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty
shall be granted a leave of absence with pay from their assigned duties until released by
the court, provided the employee remits to the City all fees received for such duties other
than mileage or subsistence allowances within thirty days from the termination of his or her
jury service.
ARTICLE XXXV - TUITION REIMBURSEMENT
Section 1. The City will reimburse expenses for tuition, books, lecture tapes and
curriculum fees, including course-related computer software programs, incurred by
employees within the representation unit, to a maximum of $1,000 per fiscal year for
-classes given by accredited institutions of learning or approved specialized training
programs. The City will also reimburse professional association memberships and
conference registration fees, professional books and periodicals. Programs must either
contribute to the employee’s job performance or prepare the employee for other City
positions and must be approved in advance.
ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES
Section 1. Unless other mutually agreeable arrangements are made, representation unit
employees who are required to travel away from the City on City business will receive
travel expenses, according to City policies which are currently in effect.
ARTICLE XXXVII - HOUSE FUND ITEMS
Section 1. Station House Fund. The station house fund per year, per shift employee
shall be:
Effective 7-1-94 97
Effective 7-1-95 98
Effective 7-1-96 99
$,44) $43
$44 $44
,$4£ $45
Section 2. The City agrees to furnish and maintain each fire station with non-food house
fund items: "IV purchase and repair, the San Jose Mercury News, and either the San
.Francisco Chronicle or E×aminer to be selected on an annual basis. Kitchen cooking
utensils, small kitchen appliances and other specific items to be determined by mutual
21
agreement of the parties will be purchased from the station house fund. The Fire Fighters
agree to maintain the voter registration program, "":’~ ...... "~ -^--~" ....... ""^-^’ ^-"
ARTICLE XXXVIII - PARKING
Section 1. Employees in represented classes assigned to Civic Center or adjacent work
locations shall be entitled to free parking in the Civic Center Garage, or a commute
incentive which will be subject to meet and confer. New employees hired after July 1,
1994, may initially receive a parking permit for another downtown lot, subject to availability
of space at the Civic Center Garage. Light duty employees assigned to the Civic Center
will receive Civic Center parking temporary permits for the duration of the light duty
assignment.
ARTICLE XXXlX - GRIEVANCES
The City and the Union agree to establish a grievance procedure as follows:
Definition: A grievance is any complaint or dispute regarding the application of
interpretation of this Memorandum of Understanding, rules, regulations, policies or
procedures relating to wages, hours or other terms and conditions of employment.
Any non-probationary employee represented by the Union may file and process a
grievance. Such aggrieved employees may be represented by the Union or may
represent themselves in preparing and presenting their grievance at any level of
review. The Union may file a grievance when a Union right not directly related to an
individual employee becomes subject to dispute.
Any retroactivity on monetary grievances shall be limited to the date of occurrence,
except in no case will retroactivity be granted prior to three months before the
grievance was filed in writing.
4.Written grievances shall be submitted on forms provided by the City or on forms which
are mutually agreeable to the City and the Union.
The time limits specified in this section may be extended by mutual agreement in
writing of the aggrieved employee or Union and the reviewer concerned. Should a
decision not be rendered within a stipulated time limit, the aggrieved employee may
immediately appeal to the next step. The grievance will be considered settled if the
decision of any step is not appealed within the specified time limit.
22
If a grievance is related to a promotional process to positions within the representation
unit, Step I shall be directed to the ~"~:-:-~, ,,~,, ,,, ,u ,.,,’~’:-’,,~, Deputy Fire Chief (or Fire Marshal
for FPB positions ,-,,~w II ^~’^" "
Step_J. The aggrieved employee will first attempt to resolve the grievance through
informal discussions with the immediate supervisor by the end of the seventh calendar
day following the discovery of the incident upon which the grievance is based. Every
attempt will be made to settle the issue at this level.
.Step II. If the grievance is not resolved through informal discussion, it may be
submitted in writing to the Battalion Chief (~ Deputy Fire Chief for Captain
grievances) within seven calendar days of the informal discussion. The Battalion
Chief/Assistant Fire Chief will have seven calendar days from receipt of the grievance
to review the matter and prepare a written response. If the grievance is denied, the
response shall contain the reasons therefor.
,Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the
Fire Chiefwithin seven calendar days of receipt of the Battalion Chief’s/~
Deputy Fire Chief’s written response. The Fire Chief will have seven calendar days
from receipt of the grievance to review the matter and prepare a written response. If
the grievance is denied, the response shall contain the reasons therefor.
Step IV. If the grievance is not resolved in Step III, the aggrieved employee may
submit the grievance to the City Manager for final determination or to binding grievance
arbitration. All Step IV appeals must be filed in writing at the Human Resources
Department Office within seven working days of receipt of the Fire Chief’s response
under Step II1. All hearings before the City Manager shall be pursuant to the rules and
regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings
before an arbitrator will be as set forth below.
In the event the aggrieved employee decides to proceed to arbitration, he/she shall
select jointly with the Director of Human Resources an arbitrator. If the parties are
unable to agree on an arbitrator, they shall jointly request a panel of five qualified and
experienced arbitrators from the State Conciliation Service. Upon receipt of the list of
arbitrators, the names shall be alternately struck until one name remains who shall
serve as arbitrator. The arbitrator shall be jointly contacted by the parties.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of the Memorandum of Agreement and such Merit
System rules, regulations, policies, procedures, City ordinances or regulations relating
to terms or conditions of employment, wages or fringe benefits, as maY hereafter be
in effect in the City insofar as may be necessary to the determination of grievances
appealed to the arbitrator. The arbitrator shall be without power to make any decision:
23
a. Regarding matters of interest.
b. Contrary to, or inconsistent with or modifying in any way, the terms of this
Memorandum of Agreement.
c. Granting any wage increases or decreases.~
d. Granting pay or benefits for any period of time prior to the execution date of this
Memorandum of Agreement.
Where either party seeks arbitration and the other party claims the matter is not subject
to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability
shall first be decided by the arbitrator using the standards and criteria set forth in this
Memorandum of Agreement.
The arbitrator shall be without authority to require the City to delegate or relinquish any
powers which by State law or City Charter the City cannot delegate or relinquish.
Copies of the arbitrator’s decision shall be submitted to the City and the aggrieved
employee. All direct costs emanating from the arbitration procedure shall be shared
equally by the City and the aggrieved employee or the Union.
It is further agreed that the provisions of this section shall be incorporated as part of
Chapter 11 of the City of Palo Alto Merit System Rules and Regulations. Existing
procedures set forth in Chapter 11, to the extent they are inconsistent with the
provisions contained herein, are superseded.
ARTICLE XL - SAFETY COMMITTEE
Section 1 ~’- ’-’-- ""^- ~ " .... "-" .... :__ ..^ 4_.^ _.,.: ......... , A Safety
Committee comprised of four representation unit members appointed by the Union, et-lee~
--- f,,.,,,, ,..=,.h s~ppr~sslor, .."~’;~ and at least two members of Management, will be
established. The Committee may make safety recommendations to the Fire Chief
regarding equipment, vehicles and apparatus and may review all accidents involving
represented personnel. Management shall inform the Safety Committee of all accidents
involving injuries to represented personnel.
ARTICLE XLI - MISCELLANEOUS
Section 1. T-Shirts. The City will issue four T-shirts to each uniformed employee during
July ~99G- 1997, and an additional four T-shirts during July ~ 1998 and 1999. These
T-shirts are for use on duty only and will be maintained by the employee.
24
Section 2. Emergency Response by Foothills Park Personnel. Dqring the term of this
agreement, representatives of Management and the Union will meet to discuss and resolve
issues related to emergency response by Foothills Park personnel.
Section 3. Benchmark Agencies. During the term of this agreement, Union and
Management will meet for the purpose of jointly developing a list of comparable agencies
to be used for survey bench marking. The parties may elect to develop comparability
criteria and retain a consultant to make recommendations regarding comparable agencies.
Any costs arising from such a study will shared equally by the parties. The target date for
completing development of the list of comparable agencies is December 31, 1998.
Section 4, July 1, 1998, the parties will reopen negotiations regarding the City Nepotism
Policy.
Section 5. July 1, 1998, the parties will reopen negotiations regarding ARTICLE Xll,
Section 1 (a), (2)--Truck company staffing below three for five hours or less.
.Section 6. Records of disciplinary actions shall be removed from the personnel file of a
representation unit employee upon written request by the employee after a period of three
years, or sooner if mutually agreed by the Fire Chief and the employee.
ARTICLE XLII - FULL UNDERSTANDING
Section 1 The Memorandum of Agreement contains the full and entire understanding of
the parties regarding the matters set forth herein.
Section 2. Fair Labor Standards Act. Management will implement provisions of the Fair
Labor Standards Act effective April 15, 1985. Compensatory time off with Management
approval may be used as an alternative to overtime compensation only within the 27-day
work period within which the overtime is worked. During the term of this agreement, either
party may invoke meeting and conferring on those specific sections of Articles of the
Memorandum of Agreement which are affected by implementation of the Fair Labor
Standards Act, including where City costs are increased or employee rights are modified
as a result of Fair Labor Standards Act provisions.
Section 3. Severability. Should any of the provisions herein contained be rendered or
declared invalid by reason of any existing State or Federal legislation or by reason of State
or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum
of Agreement shall not invalidate the remaining portions hereof, and they shall remain in
full force and effect, insofar as such remaining portions are severable.
25
Section 4. It is the intent of the parties that ordinances, resolutions, rules and regulations
enacted pursuant to this Memorandum of Understanding be administered and observed
in good faith.
Section 5. Merit System Rules and Regulations. During the term of this Memorandum
of Agreement, Management may propose certain changes in the City Merit System Rules
and Regulations. With regard to such changes which pertain to the representation unit,
the parties agree to review, and upon request, meet and confer regarding the changes.
Section 6. During the term of this agreement, at management request, the parties agree
to meet and confer with regard to issues pertaining to fire station consolidation or
relocation.
Section 7. Nothing in this agreement shall preclude the parties from mutually agreeing to
meet and confer on any subject within the scope of representation during the term of this
agreement.
ARTICLE XLIII - DURATION
This Memorandum of Agreement shall become effective July ~ 1, 1997 and remain
effective until June.,,,,’~’~ ", .,~,,’~’ 30, 2000.
EXECUTED: October 9, 1997
FOR:FOR:
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
CITY OF PALO ALTO
s/Tony Spital6ri
s/Dan Lindsey
s/David Shum
s/Angela Sullivan
s/Gary Petretto
s/Barry Marchisio
s/Jay Rounds
s/Judy Jewell
s/Linda Craig
s/Randall Rafoth
26
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR FIRE DEPARTMENT
PERSONNEL AND RESCINDING RESOLUTION NO. 7641
follows:
The Council of the City of Palo Alto does RESOLVE as
SECTION I. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto and
made a part hereof by reference, is hereby adopted for Fire
Department personnel effective retroactively to the pay period
including July i, 1997 through June 30, 2000.
SECTION 2. The Compensation Plan adopted herein shall be
administered by the City Manager in accordance with the Merit
System Rules and Regulations.
SECTION 3. The Compensation Plan shall continue in effect
until amended or revoked by the Council.
SECTION 4. The Director of Administrative Services hereby
is authorized to implement the Compensation Plan adopted herein in
the preparation of forthcoming payrolls.
SECTION 5.Resolution No. 7641 is hereby rescinded.
II
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SECTION 6. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. gity Attorney
APPROVED:
City Manager
Director of Human Resources
Acting Director of
Administrative Services
Fire Chief
900831 la¢ 0031892
2
EXHIBIT A
CITY OF PALO ALTO
COMPENSATION PLAN
FIRE EMPLOYEES
EFFECTIVE:Pay Period including July 1, 1997
through June 30, 2000
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Fire Personnel
SECTION I. SALARY
A. Salary Range Tables
Personnel covered by this plan shall receive ,compensation within the salary ranges set forth in the Salary
Range Tables that follow Section II. The salary range for each position classification title and number
is expressed in hi-weekly and/or hourly rates along with the approximate monthly and/or annual
equivalent.
B..Establishment of Salary
The City Manager is authorized to make appointments to or advancements within the prescribed ranges
upon evaluation of employee qualification and performance.
Merit advancements from the first salary step to the second salary step shall be granted at six-month
intervals and between the second and subsequent steps at one-year intervals if the affected employee has
demonstrated continued improvement and efficient and effective service. For the purpose of determining
step time requirements, time will commence on the first day of the month coinciding with or following
entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in
which the time requirements have been met. The City Manager, in recognition of unusual circumstances
or extraordinary performance, may authorize special merit advancement.
In the event that a downward adjustment of a salary range indicates a reduction in the established salary
of an individual employee, the City Manager may, if circumstances warrant, continue the salary for such
employee in an amount in excess of the revised range maximum for a reasonable period of time. Such
interim salary rates shall be defined as "Y-rates". Additionally, paramedics with six or more years of
Palo Alto paramedic service will be Y-rated upon cessation of assignment.
1.Effective with the pay period beginning July 1,1997, a 5% increase at the 5th Step will be applied
to the salary ranges of all represented classes.
2.Effective with the pay period including July 1, 1998 a 3 % increase at the 5th Step will be applied
to the salary ranges of all represented classes.
There will be a salary only reopener to determine comparable survey agencies and salary range rates
for represented classes, effective with the pay period including July 1, 1999. This reopener does
not include determination of or changes to differentials such as EMT;. Paramedic, Haz Mat, or any
other economic or non-economic issue.
.4
COMPENSATION PLAN
FIRE PERSONEL
Page 2
SECTION II. SPECIAL COMPENSATION
Personnel covered b~ this compensation plan, in addition to the salary set forth in Section I above, may
receive special compensation as follows. Eligibility shall be in conformance with the Merit Rules and
Regulations and Administrative Directives issued by the City Manager for the purposes of classification and
interpretation.
B.A.Overtime Premium Rate and Standby Pay.
Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall
receive overtime compensation at a rate of one and one-half times the employee’s basic 56-hour rate, or
out-of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training will be
compensated at the rate of one and one-half times the basic 40-hour rate and emergency callback will be
compensated at a rate of one and one-half times the basic 40-hour rate to a maximum of 8 hours, and at
a rate of one and one-half times the basic 56 hour rate.for those hours in excess of 8 hours. ~
Overtime duty assignments will first be made from the voluntary overtime list. If such assignments
cannot be filled from the voluntary overtime list, the vacant position will be filled by moving up on-shift
personnel through out-of class assignment. Any remaining vacancy will then be filled by overtime tluty
assignment made in reverse order of hire date seniority according to specialty and qualifications required
to be assigned. The overtime duty assignment seniority list will be adjusted to clear record of
assignments semi-annually on April 30 and October 31.
Fire Inspectors performing standby duty for the purpose of fire/ermine arson investigations shall be
compensated at the rates established below:
Pay-Period including
7-1-97 %1-98 7-1-99
COMPENSATION PLAN
FIRE PERSONEL
Page 3
Regular scheduled work day $3-842 $4043 $45
Regular days off and holidays $~:~63 $6065 $68
Employees receiving fire/arson investigation pay must be available to respond to Palo Alto Civic Center
within one hour of call out.
Working Out of Classification
All represented employees who are assigned work in a higher classification for longer than four (4)
continuous hours will be compensated at a higher pay rate for all hours worked during the out-of-class
assignment. This provision applies as follows:
Firefighter, Apparatus Operator, Captain or Inspector working in a higher.classification: Step to
step.
Representation unit classification working as a Battalion Chief, 10 % above E-Step Captain, but not
to exceed 93 % of Battalion Chief control point. Representation unit classification working in any
other management position, within the range of the management position.
~ B.Haz Mat Differential
Effective beginning with the pay period including July 1, 1990, a maximum of nine positions who are
primarily assigned to Rescue 1 and who are Haz Mat trained and certified will receive a 5 % differential
in addition to their base salary. This differential does not apply to minimum staffing replacements.
E-rC.EMT Differential
Effective beginning with the pay period including September 1, 1991, represented classifications, except
the Hazardous Materials Investigator, who maintain EMT certification will receive a 2 % differential in
addition to their base salary. EMT certification for all suppression personnel is mandatory.
D. In-Lieu of Holiday Pay
Representation unit fire suppression personnel in pay status shall receive 5.75 hours straight time regular.
pay per pay period in lieu of holidays to a maximum payment of 149.5 hours per year.
E. Pay for Court Appearance
Sworn Fire Personnel appearing in court for the People shall be compensated as follows:
Period
Appearance on scheduled day
off
Rate
Time and one-half at 40-hour
rate.
Minimum
4 hours
COMPENSATION PLAN
FIRE PERSONEL
Page 4
Any or all court time during
scheduled shift. ~
Appearance on scheduled work
day but not during scheduled
shift.
Straight time during shift at
56-hour rate.
Time and one-half 40-houi" rate.
None
2 hours (2-hour
minimum may not run
into shift time)
F.Paramedic Differential
Paramedics who have completed the required training and been certified in accordance with the program
will receive a 12.55% differential in addition to their base salary effective beginning with the date of
ass nment to rota onal Parame c du . ,.,~ .... ,,,.v,,.,~,. ............................. , ............ .~,
"’-~ ":"’ .....:~’ "":" "~f ’" 5% i -"-’:’: ....’- .....’ ....Th P medi al y,x,. u.x,.t,..,az ,.1 incFca3c .A~,_, a ....tutaz’.,..n auuztxuiz ~, u,o,. oaxat.r .e ara c s ar
differential will terminate with the cessation of assignment to rotational Paramedic duty, except that
paramedics with six or more years of Palo Alto paramedic service will be Y-rated upon cessation of
assignment.
Paramedics will receive a one-time cash payment of $500 for each bi-annual recertification. This
provision applies only to active incumbents of authorized paramedic positions who remain in the
paramedic assignment for at least one additional year after recertification. The one year requirement after
recertification does not apply to those paramedics who may leave the program because of work-related
injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify
in order to voluntarily extend their paramedic service to meet special departmental needs for a period of
less than one year.
G.Retirement Medical Plan
Monthly City-paid premium contributions for a.retiree-selected PEMHCA optional plan will be made in
accordance with the Public Employees’ Medical and Hospital Care Act Resolution.
H. Group Insurance
1.PEMHCA Health Plan
(a)Benefits will be provided in accordance with provisions of the PEMHCA Health Plans. Monthly
City-paid premium contributions for an employee- selected PEMHCA optional plan will be made
to the maximum amount indicated in each category.
COMPENSATION PLAN
FIRE PERSONEL
Page 5
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus One "
Employee Plus Two or
More
Monthly City Contribution
Premium for plan selected.
Premium for plan selected.
Premium for plan selected.
Effective July 1, 1997, active employee domestic partners who meet the requirements of the City
of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources
Department, will be eligible for reimbursement of the actual monthly premium cost of an individual
health plan, not to exceed the average monthly premium cost of individual coverage under the
PEMHCA health plans. Evidence of Premium payment will be required with request for
reimbursement.
2. Dental Plan
(a)The City shall maintain the present level of benefits on the City-sponsored dental program, except
that the maximum benefits per calendar year shall be $2,000 effective beginning with 1987.
(b) Effective July 1, 1986, the City will provide a 50% of reasonable charges, $1500 lifetime maximum
orthodontic benefit for representation unit employees and their dependents.
(c)The City shall pay all premium payments or equivalent self-insured program changes on behalf of
employees and dependents who are eligible and enrolled for coverage Under the existing dental plan.
Effective July 1, 19997, dependents will include domestic partners, as defined under Section H 1
(b).
I.Vision Care
Effective beginning October 1, 1990, the City will offer vision care coverage for employees and
dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with
monthly premiums paid by the employer. Effective July 1, 1997, dependents will include domestic
partners as defined under Section H 1 (b).
J. Life Insurance
The City will pay the following amounts of premium on behalf of Fire personnel:
COMPENSATION PLAN
FIRE PERSONEL
Page 6
Per Pay Period Per Month (approx)
Basic Life Insurance
(per $1,000 of Coverage)
$.13 $.289
K.Tuition Reimbursement
City will reimburse expenses for tuition, books, lecture tapes, and curriculum fees including course-
related computer software programs, incurred by employees within the representative unit, to a maximum
of $1,000 per fiscal year for classes given by accredited institutions of learning or approved specialized
training programs. The City will also reimburse professional association memberships and conference
registration fees, professional books and periodicals. Programs must either contribute to the employee’s
job performance or prepare the employee for other City positions and must be approved in advance.
Retirement,, Benefits
A
COMPENSATION PLAN
FIRE PERSONEL
Page 7
The current Public Employees’ Retirement System (PERS) benefits, known as the ’2 percent at
50" Plan (2 % at 60 for the classification of Hazardous Materials Investigator) shall continue in effect;
Employees in represented classes will make PERS member contributions by payroll deduction. The
City will provide for member contributions to be made as allowed under provisions of IRS Code
Section.414(h)(2).
2.Military Service Credit. Effective as soon as possible, the City will amend its contract with the
Public Employees’ Retirement System to provide for Section 20930.3, Military Service Credit as
Public Service.
M. Dependent Care Assistance Program
The City will provide a dependent care assistance program for employees according to the provisions of
the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available
to representation unit employees beginning with pay period number 1 of 1994, and remain in effect
subject to a reasonable minimum participation level and availability of third party administrative services
at a reasonable cost.
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ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1997-98 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR SALARY AND
BENEFIT INCREASES BEGINNING JULY I, 1997 FOR EMPLOYEES
REPRESENTED BY THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS LOCAL 1319 AND FOR A STUDY OF
COMPARABLE FIRE SERVICE AGENCIES
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
23, 1997 did adopt a budget for fiscal year 1997-98; and
WHEREAS, the City of Palo Alto and IAFF have completed
negotiations for salary and benefit increases for fiscal years
1997-2000; and
WHEREAS, additional funding of $167,000 is required, in
addition to the appropriation included in the 1997-98 Adopted
Budget, for salary and benefit increases; and
WHEREAS, the City of Palo Alto and IAFF have agreed to
conduct a study of which fire service agencies are comparable to
the City of Palo Alto for the purposes of establishing salary
range rates for represented classes effective with the pay period
including July I, 1999; and
WHEREAS, additional funding of $50,000 is required for the
study; and
WHEREAS, the IAFF has agreed to reimburse the City for 50%
of the cost of the study of comparable agencies; and
WHEREAS, City Council authorization is needed to amend the
1997-98 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of One Hundred Sixty Seven Thousand
dollars ($167,000) is hereby appropriated to the General Fund
salary contingency. The General Fund Budget Stabilization
Reserve is correspondingly reduced.
SECTION 2. The sum of Fifty Thousand dollars ($50,000)
is hereby appropriated to the Employee Compensation and Benefits
Functional Area in the Human Resources Department. The General
Fund Budget Stabilization Reserve is correspondingly reduced.
SECTION 3. Other Miscellaneous Revenue in the Employee
Compensation and Benefits Functional Area in the Human Resources
Department is increased by the sum of Twenty-five Thousand
dollars ($25,000) The Genera! Fund Budget Stabilization Reserve
is correspondingly increased.
SECTION 4. These transactions will reduce the Budget
Stabilization Reserve from $16,983,253 to $16,791,253.
SECTION 5. As specified in Section 2.28.080 (a) of the
Palo alto Municipal Code, a two-thirds vote of the City Council
is required to adopt this ordinance.
SECTION 6. The Council of the City of Palo Alto hereby
finds that the enactment of this ordinance is not a project under
the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
SECTION 7. As provided in Section 2.04.350 of the Palo
Alto Municipal Code, this ordinance shall become effective upon
adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor