HomeMy WebLinkAboutStaff Report 151-07City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:
SUBJECT:
MARCH 5, 2007 CMR: 151:07
APPROVAL OF RESOLUTIONS AMENDING THE MERIT SYSTEM
RULES AND REGULATIONS TO ADOPT A MEMORANDUM OF
AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS (IAFF, LOCAL 1319) AND ADOPTING A NEW
COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL
RECOMMENDATION
This report recommends Council approval of the attached resolution adopting a new Memorandum
of Agreement between the City of Palo Alto and the International Association of Fire Fighters (IAFF,
Local 1319) effective for the pay periods including July 1, 2006 through June 30, 2010. Also
recommended is approval of the attached resolution amending the Merit System Rules and
Regulations to adopt a new compensation plan for non-management Fire personnel.
BACKGROUND
The City’s agreement with IAFF expired on June 30, 2006. The City commenced negotiations with
IAFF on May 26, 2006 regarding the terms and conditions of employment for this represented unit.
City staff and members of IAFF have reached an agreement within Council authorization, the details
of which are contained in the attached Memorandum of Agreement.
During the past several years, the City has continued to work towards containing the escalating cost
of health plan benefits. In 2003, IAFF members assisted in addressing the City’s financial situation
by taking a 0% salary increase and by capping the City’s contribution for healthcare premiums at
the Police Officer Research Association of California (PORAC) plan rates, a Preferred Provider
Organization that costs approximately $956 less per month for the family rate than PERS Care. In
addition, IAFF was the first bargaining group to agree to a two-tier retiree health program which
reduces the City’s future liability for retiree health costs by requiting 20 years of PERS service, 5
years which must be served in Palo Alto, inorder to be eligible for full retiree health benefits. These
actions taken together have significantly reduced healthcare costs for this bargaining unit.
DISCUSSION
This year the City Manager is recommending a compensation plan adjustment for IAFF Local
CMR: 151:07 Page 1 of 3
1319 employees based on labor market data and retention issues:
A 13 percent base salary increase over the 4-year contract. The latest Bay Area Consumer
Price Index reported in December 2006 was 3.4%. This is the factor that is generally
considered the benchmark for salary increases. Under the IAFF Memorandum of Agreement,
control point adjustments are not automatically passed on to employees. Individual
employee salaries are based on performance. The annual salary increases are as follows:
a)A 3% control point increase to all IAFF Local 1319 classifications effective in each year
of this agreement beginning July 1, 2006, except that the increase for Fire Captain’s shall
be 4%;
b)A 3% control point increase to all IAFF Local 1319 classifications effective in each year
of this agreement beginning July 1, 2007 except that the increase for Fire Captain’s shall
be 4%;
c)A 3% control point increase to all IAFF Local 1319 classifications effective in each year
of this agreement beginning July 1, 2008, except that the increase for Fire Captain’s shall
be 4%;
d) A 4% control point increase to all IAFF Local 1319 classifications effective in each year
of this agreement beginning July !, 2009, except that the increase for Fire Captain’s shall
be 5%.
Continuing the 9% reversal of PERS retirement contribution payments until the last pay
period in 2009 which results in a saving of $1.3 million over the term of this agreement.
Under the current 9% PERS reversal program, the City reduces salaries by 9% and directly
pays the employee’s pension contribution (9%) to PERS..This program results in a savings
of approximately $360,000 a year in overtime costs and employer’s PERS contribution
because both overtime and PERS contributions are based on the reduced salary.
Reduce the maximum medical premium payment for future retirees from the highest health
plan (PERSCare) to the second most expensive plan offered (currently Blue Shield HMO)
effective January 1, 2007.
Protect active employees and families who exceed $2 million lifetime benefit under the
PERSChoice health plan.
Effective January 1, 2007, increase orthodontic coverage from $1,500 to $2,000 and add
composite fillings to posterior teeth.
Other changes in the memorandum of agreement have been made to clarify existing benefits,
policies, or processes.
CMR: 151:07 Page 2 of 3
RESOURCE IMPACT
The proposed recommendations do not require a budget adjustment for fiscal year 2006-07 due to
savings from the continued 9% PERS reversal and sufficient funding in the adopted budget. The
impacts of the future years will be included in the proposed budgets submitted for fiscal years
2007-2010. The net impact to the base compensation for IAFF is $2.0 million or 13.93 percent
for the four year agreement, which translates to 3.48 percent per year.
POLICY IMPLICATIONS
The action recommended by this report is consistent with City Council direction.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Attachment A -
Attachment B -
Attachment C-
Resolution Adopting a Compensation Plan for Fire Department Personnel
(IAFF).
Resolution 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.
Final version of Memorandum of Agreement
PREPARED BY: Sandra T.R. Blanch, Risk and Benefits Manager
DEPARTMENT HEAD:
CITY MANAGER APPROVAL:
RUSS CARLSEN
Director
Assistant City Manager
CMR: 151:07 Page 3 of 3
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO ADOPTING A COMPENSATION PLAN FOR FIRE
DEPARTMENT PERSONNEL (IAFF)AND RESCINDING
RESOLUTION NO. 8451
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
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, 2006 through June 30, 2010.
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
effect until amended or revoked by the Council.
continue in
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. 8451 is hereby rescinded.
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070202 jb O130056
SECTION 6.
under the California Environmental Quality Act and,
no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
The Council finds that this is not a project
therefore,
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Human Resources
Director of Administrative
Services
Fire Chief
070202 jb O130056
Exhibit A
CITY OF PALO ALTO
COMPENSATION PLAN
Fire Employees
EFFECTIVE:Pay period including July 1,2~)42006
Through June 30, -20062010
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Fire Personnel
SECTION I. SALARY
A. Salary Ran.qe Tables
Personnel covered by this plan shall receive compensation within the salary ranges set forth in the
Salary Range Tables that follow Section III. The salary range for each position classification title
and number is expressed in bi-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 subseq, uent 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. Paramedic, Haz Mat and EMT
Differentials do not constitute entrance into a salary step for the purpose of determining step time
requirements. 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".,
with s~x or ~ ......... ~ ~a~o ~ ~ ............................... ~,,
al )Effective with the pay period including July 1,20042006, a three percent (3%)- increase
-tJqe-8~h~ep-will be applied to : the sala---~ ~nges of all represented classes=.
except that the increase for Fire Captains Shall be four percent (4%).
132)Effective with the pay period including July 1,243082007, a three percent-_(3%)_increase
¯ ~:~5~h-step-will be applied to the salary ranges of all represented classes, except that the
increase for Fire Captains shall be four percent (4%).
2
G_3)Effective with the pay period including July 1,20062008, a three percent (-1-3%)_ increase
at-the-5~h-ste~will be applied to the salary ranges of all represented classes~, except that
the increase for Fire Captains shall be four percent (4%).
bo
~ .-.,., -~,~.. .~.u, .--~,,,.~,,--.,--..,,--,,, ~,~.,-. ,~, ,-.~,...,-.,-, ,.-.~,.-.,, ~,,,~.,-.,,.....,, ~...n
~14)Effective with the pay period includin.q July 1,2009, a four percent (’4%) increase will be
applied to the salary ran.qes of all represented classes, except that the increase for Fire
Captains shall be five percent (5%).
~{;~*; ......*; ....*o ~ ~ .......~{ a~ ~aa;~;~; .......f ’~* .....~ (1/2%)
~ ~ ~ ~ the ~ o ~t ; .......~ .......onn~
SECTION II. SPECIAL COMPENSATION
Personnel covered by 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.
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 or as
otherwise agreed. 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 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.
Employees receiving fire/arson investigation pay must be available to respond to Pale Alto Civic
Center within one hour of call out.
B.Workinq 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 l~5th-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.
C.Haz Mat Differential
Effective 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.
D.EMT Differential
Represented classifications, who maintain EMT certification, will receive a 3% differential in
addition to their base salary. The EMT differential includes compensation for EMT paramedic
support. EMT certification for all suppression personnel is mandatory.
E.Fire Inspector Differential
Effoctive~January !, 2003~-, Fire inspector personnel includinq HazMat Inspectors and HazMat
Specialists who have been trained as fire investigators and who are regularly assigned to fire
investigation duties by the Chief shall be compensated with premium pay in the amount of $500
per month. The Chief reserves the right to determine who is regularly assigned to such duties.
F.In-Lieu of Holiday Pay
Shift personnel may-eleet4eshall receive pay in lieu of taking paid leave for accrued holidays.
Such paid hours are in addition to the normal biweekly base pay-ap, d-shou!d bo rocorded~s~."
87~500!0 .!,~1~. Shift personnel will accumulate a biweekly amount of 5.75 hours. -Hours are
prorated and accrued based on hours actually worked. If employees elect to be paid for these
hours at any time before the scheduled payoff, they must make sure they have sufficient hours in
their Holiday account and record the hours on their timecard in the total columns of the timecard
only.
4
Accrued Holiday balances will be automatically paid off if ,~,-,t t’~ ~’,-,,~ ~,,, tim ....,4 ,~,~t~,, ~¢-,~,4,~ 41 F)
in the months of June and December,
Go Pay for Court Appearance
Sworn Fire Personnel appearing in court for the People shall be compensated as follows:
Period
Appearance on
scheduled day off
Any or all court time
during scheduled shift.
Appearance on scheduled
workday but not during
scheduled shift.
Rate
Time and one-half at 40-hour
rate.
Straight time during shift at
56-hour rate.
Time and one-half 40-hour
rate.
Minimum
4 hours
None
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 30 days from
the termination of his/her services. Compensation for mileage or subsistence allowance should
not be considered as a fee and shall be retained by the employee.
H.Paramedic Differential
Paramedics who have completed the required training and 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 to rotational Paramedic duty. 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. For
purposes of this section, "Y-rated" means that the employee’s wa.qe rate includinq the Paramedic
premium is frozen until the rate the employee would have earned without the Paramedic premium
equals the employee’s frozen rate
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.
Paramedic proctoring assignments will be made by the Chief from among qualified volunteers.
Payment of $600 will be made to the primary proctoring paramedic at the conclusion of each
proctoring assignment.
The Chief or his or her desiqnee will establish-maintain a list of qualified proctors from among
volunteers on an annu~. Personnel will be selected by the E-MS-Fire Chief or his or her
desi.qnee from the list to serve as paramedic proctors. If a conflict arises between the City and
the Union regarding the Proctor Program, either side may suspend the program at the annual
renewal period and shall remain suspended until a resolution or agreement is reached.
Retirement Medica! P!an
Month!y Cay-paI’4 ....~ ......tHh,,H:,,~o {,~ a rotated PEM~4C^ ,-,,~n:,,~o~
R ....ut .....
....... ,~ ......, .....af~te~:q4m:~qmy~04 shall be modifiod-a£
J.Group !nsuranee-SECTION III. BENEFITS PROGRAMS
-I-A.PEMHC,~Active Employees Health Plan
1 .~-~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 below throuqh December 31,2006. Effective
January 1,2007 the City will pay up to the monthly medical premium for the 2nd most expensive
plan amonq the existinq array of plans durinq the contract term. If PERS chanqes the plans it
offers, the City and the Union will meet and confer over the City continuinq to provide an
equivalent benefit at an equivalent cost.
Durinq the term of this Aqreement, if CalPERS no Ionqer offers the PORAC health plan and, as a
result, an affected employee enrolls in an alternative CalPERS health plan, the City will
reimburse or provide insurance to such employee or his or her dependents for documented
medical expenses incurred that exceed the two million dollar ($2,000,000.) lifetime maximum, if
6
any, provided that such expense would have otherwise been covered and paid by the health
plan. Such reimbursement shall be made once per fiscal year.
-Eligi[
Employees
Number of Parties
Covered Monthly City Contribution
Employee Only
Employee Plus One
Employee Plus Two or
More
Premium for plan selected
Not to exceed the PORAC or
I~h ~ Cth;~l,,4 nrz-,mh ~m
expensive plan
Premium for plan selected
Not to exceed the PORAC or
l~h ~ qhlalrt nramh ~m
~ghe~second most
expensive plan
Premium for plan selected
Not to exceed the PORAC or
~second most
expensive plan
(b)2. Active employee domestic partners whose domestic partnership is registered with the
California Secretary of State will be eliqible for medical benefits under this section. Active
employee domestic partners whose domestic partnership is not re.qistered with the State but
whowhe meet the requirements of the City 0f Pale Alto Declaration of Domestic Partnership, and
are registered with the Human Resources Department, are 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 PEMCHA health plans. Evidence of premium
payment will be required with request for reimbursement.
B. Alternate {c) Alternate Medical Benefit Proqram
If a regular employee and/or the employee’s dependent(s) are eligible for medical insurance
through another employer-sponsored or association medical plan, the employee may opt~for
alternative medical insurance coverage through the other employer-sponsored or association
plan and waives his/her right to the City of Palo Alto’s medical insurance coverage for same
individuals.
Employees electing alternative coverage and no City coverage will receive cash payments of
approximately half of the "averaged monthly premiums" for their medical insurance coverage.
"Averaged monthly premiums" are the average of the Kaiser HMO, Blue Shield HMO and PERS
Choice PPO premiums for the employee’s City medical coverage available through the Public
Employee Retirement System (PERS).
The rates for 2430S-2006 are as follows:
One Party:
Two Party:__.
Family:
___$480205.00
-_$~410.00
-$470530.00
The rates for 2007 are as follows:
One party:$230.00
Two party:$460.00
Family:$595.00
The Alternative Medical Benefit Proqram rates for subsequent years covered by this a.qreement
will be determined when the California Public Employees Retirement System formally announces
the health plan rates applicable for the year in which they are to apply.
2C. --Dental Plan
(a)Section 1. --The City will maintain the present level of benefits on the City-sponsored dental
program. Maximum benefits per calendar year shall be $2,000. Effective January 1,2007, the
dental program shall be amended to allow for coveraqe of composite (tooth colored) fillin.qs for
posterior teeth.
<4~)Section 2.- The City will provide a 50% of reasonable charges, $1500 lifetime maximum
orthodontic benefit for representation unit employees and their dependents, except that effective
January 1,2007 the lifetime maximum shall increase to two thousand dollars ($2000).
{@Section 3. --The City shall pay all premium payments or equivalent self-insured program
changes on behalf of employees and dependents that are eligible and enrolled for coverage
under the existing dental plan. Dependents will include domestic partners, as defined under
Section III, z~ 9qz~.{~t~n ~ I [1~
KD.--Vision Care
The City offers 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. Dependents include domestic partners as defined under Section ~III.A.2.
Life Insurance
The City wi!! paycurrently pays the following amounts of premium on behalf of Fire personnel:
Per Pay Period Per Month (approx)
Basic Life Insurance and
Basic ADD
(per $1,000 of coverage)
$.-14-5085 $.2-5185
The basic life insurance provided by the City shall equal the employee’s base monthly salary
multiplied by twelve.
MF.
NG
Tuition Reimbursement
Effective July 1, 2004 the tuition reimbursement program provides the option of receiving the
$1000 as taxable cash dr as a contribution to deferred compensation. This selection shall be
made each May to be effective throughout the following fiscal year~,~,,,~.~,,t ..... t ,,~’~, 2r~0,~ .... ~ sh314-be
........ ~ Once the election is made for the
fiscal year it is irrevocable.
Retirement Benefits
1. The current Public Employees’ Retirement System (PERS) benefits, known as the "3 percent
at 50" Plan shall continue in effect. Employees in represented classes will make PERS member
contributions by payroll deduction. Effective when employees resume payin.q their employee
PERS contribution pursuant to section 5 below, :Fhe-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. The City will provide the Public Employees’ Retirement System benefit
known as "Section 20930.3, Military Service Credit as Public Service".
3. EPMC The City will continue payin_q the employees 9% PERS contribution. This payment_-will
be reported to PERS as special compensation making the 9% "PERSable". The City will
continue to pay the employee’s PERS contribution throuqh the end of the first pay period in
January 2010. On the first day of the next pay period employees shall resume responsibility for
paying the full employee PERS contribution and the City will simultaneously increase base waqe
rates by nine and nine hundred eiqhty nine one thousands percent (’9.989%).
4. 4. Option 2 Death Benefit. The City provides the Pre-Retirement Option Settlement
-2 Death Benefit. The Pre-Retirement Optional Settlement 2 Death Benefit provides the spouse
of a deceased member, who was eligible to retire for service at the time of death, with an
alternate option to the lump sum Basic Death Benefit whereby the surviving spouse can elect a
monthly allowance equal to the amount the member would receive if he/she had retired from
service on the date of death and elected Optional Settlement 2 (the highest monthly allowance a
member can leave a spouse).
5. PERS Retirement Formula. The City will maintain a "3% @ 50 formula for IAFFrepresentation
unit members.
6. Retirement Medical Plan
Retiree medical coveraqe for Unit employees hired before January 1,2004 shall be as follows:
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 for
employees that retire on or before December 31, 2006. Effective January 1, 2007 for an
employee retirinq on or after that date the City will pay up to the monthly medical premium for the
2’~d most expensive plan amonq the existinq array of plans durinq the contract term. If PERS
changes the plans it offers, the City and the Union will meet and confer over the City continuinq
to provide an equivalent benefit at an equivalent cost.
Retiree Medical coveraqe for Unit employees hired after January 1,2004 shall be as follows:
Twenty (20) year vestinq in PERS system for the full retiree medical benefit
specified in the preceding para.qraph, including a minimum of five (5) years
with City of Pale Alto. Eliqible employees receive Fifty (50) percent of
benefit after ten (10) years; each additional service credit year after Ten (10)
years will increase employer credit by Five (5%) percent until Twenty (20)
years is reached at which time employee is eliqible for One Hundred (100%)
percent and Ninety (90%) percent for dependents. Notwithstandinq any
other term of this section, the City of Pale Alto’s health premium contribution
for eli.qible post January 1,2004 hires shall not be less than the minimum
contribution set by PERS under Government Code Section 22893 based on
a weiqhted averaqe of available health plan premiums.
]0
OH. Dependent Care Assistance Proqram
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 ~’.....il~l~l~............... ~" ......................~’,"~ .....~ ........~ ....~-’W period .........1, ~,’~{ ~, aaA,~,~, ,~,° ,~,~,,~ remain in effect subject to a reasonable minimum participation level and availability
of third party administrative services at a reasonable cost.
P-l. Commute Incentives and Parking
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.
Represented employees who qualify may voluntarily elect one of the following commute
incentives:
Public Transit. The City will provide monthly Commuter Checks worth the value of:
$60 for employees participating in a City of Palo Alto employee administered commuter highway
vanpoolehiete,
$40 for employees traveling ~,,a-three or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train or a public commuter
highway vehicle;
$35 for employees traveling within onoless than three zones__~on Caltrain;
$35 for employees using VTA, and other buses.
These checks are pre-taxed and may be used toward the PUrchase of monthly transit passes, or
the cost of participation in commuter highway vehicles.
Carpool. The City will provide ~$30 per month (taxable income) to each eligible employee in
a carpool with two or more licensed drivers.
Bicycle. The City will provide up to $20 per month (taxable income) to eligible employees who
ride a bicycle to work.
Walk. The City will provide up to $20 per month (taxable income) to eligible employees who walk
to work.
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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
NOW, THEREFORE, 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 Articles I
through XLIII, for a term commencing July i,
2006, and expiring June 30, 2010, 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.
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070202 jb 0130055
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:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
.City Manager
Director of Human Resources
Director of Administrative
Services
Fire Chief
070202 jb O130055 2
DRAFT 5 TA
MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and LOCAL 1319, I.A.F.F.
July 1, 20046 - June 30, 200610
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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 Captain (forty-hour assignment), Fire Inspector, Hazardous
Materials Specialist, and Hazmat Inspector, who are regularly employed by the City and
others as amended into the representation unitfrom 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 non-
membership 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 Human Relations 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.
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ARTICLE III - PAYROLL DEDUCTIONS - AGENCY SHOP
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 expiration of this
Memorandum of Agreement during the thirty-day period between sixty and ninety days
prior to expiration of the Memorandum of Agreement.
Section 2. Aqency Shop - Pursuant to legislation enacted by SB 739 and amendment
to the Meyers-Milias-Brown Act, the City and the Union agree to abide by the following
provisions as they relate to an agency shop and an agency shop election.
~1. Agency Shop as defined under Meyers-Milias Brown means "an arrangement
that requires an employee, as a condition of continued employment, either to join
the recognized employee organization, or to pay the organization a service fee in
an amount not to exceed the standard initiation fee, periodic dues, and general
assessments of the organization." The City and the Union agree that an agency
shop arrangement between the City and the Union shall be placed in effect upon
ratification of this agreement.
2. Any employee who is a member of a bona fide religion, body, or sect that has
historically held conscientious objections to joining or financially supporting public
employee organizations shall not be required to join or financially support any public
employee organization as a condition of employment. The employee may be
required, in lieu of periodic dues, initiation fees, or agency fees, to pay sums equal
to the dues, initiation fees, or agency fees to a nonreligious, nonlabor charitable
fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code,
chosen by the employee from a list of at least three organizations, or if the
memorandum of understanding between the City and the Union fails to designate
the funds, then to any such fund chosen by the employee. Proof of the payments
shall be made on a monthly basis to the City as a condition of continued exemption
from the requirement of financial support to the Union.
3. Covered employees shall execute written authorization for either Union dues
deductions, the agency fee, or, if eligible, the charitable contribution. In the absence
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of a written authorization the City shall deduct the agency fee from the employees
paycheck.
4. If implemented, an agency shop provision may be rescinded by a majority vote
of all the employees in the unit covered by the Memorandum of Understanding
Pursuant to the Meyers-Milias-Brown Act.
5. The Union shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the City and to the employees who are
members of the organization, within 60 days after the end of its fiscal year, a
detailed written financial report thereof in the form of a balance sheet and an
opening statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or a certified public accountant.
6. The Union shall indemnify and hold the City harmless against any liability arising
from any claims, demands, or other action relating to the City’s compliance with the
agency shop obligation. The Union shall comply with all statutory and legal
requirements with respect to Agency Shop.
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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, Bulletin Boards, and E-Mail. 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 Operations Chief or Fire Chief. Action on approval will be taken within
24 hours of submission. "
The Union may send e-mail messages only for the purposes set forth above. The I.T.
Division will maintain the IAFF list. The Union access to e-mail is based on the
following conditions:
1)E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at
distribution.
2) E-Mails to the IAFF list will only be sent by the Executive Board Members.
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Section 3. Use of Meeting 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.
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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 PROVISIONS
Section 1.
a.Effective with the pay period including July 1, 20046, a three percent (3%)=
increase ~t"~Steta-will be applied to the salary ranges of all represented
classes, except that the increase for Fire Captains shall be four percentS4%=).
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b.Effective with the pay period including July 1, 200~7, a three percent (3%)
increase at-the~t"-Step-will be applied to the salary ranges of.all represented
classes, except that the increase for Fire Captains shall be four percent (4%).
Co Effective with the pay period including Jaauar~Julv 1, 20068, a 4=three percent
~%) increase at the 5th--Step-will be applied to the sa~ry ranges of all
represented classes° except that the increase for Fire Captains shall be four
percent (4%). Tdai~in6rease~epresentsqhe~ef~t4adjus~
on unit c!assificat!ons being in excess-e °f~=584~laelew4etal-6empensatien data for
..... ,4 upon comparison agea6ies "~ ~’~ Jun~2O04~.
The-Git4/-wil~mp!ete a total compensation survey for unit c!assifi6aSea-ia
06teber-24)05. If unit c!assifi6at4eF~seF~inue-t~e,~ewma~#~dit4eF~ql
in6reaee-efqa p4e-e ne -half-(-1724/~)-p e r-6eFtt~M4Pl3 e~ ~le d-te4h e4~ ne-(-1-e/~-pe~
ia6reaee~anuary~9430~ Effective with the pay period including Jul~09, a
four percent (4%) increase will be applied to the salary ranges of all represented
classes except that the increase for Fire Captains shall be five percent (5%~
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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 classification working as a Battalion
Chief, 10% above 5th-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.
Section 3. Pay for Court Appearance. Sworn Fire personnel appearing in court for
the People shall be compensated as follows:
Period Rate Minimum
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
Time and one-half at
40-hour rate
Appearance on scheduled
work day but not during
scheduled shift
2 hours
(2 hour minimum, may
not run into shift time)
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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.
Section 4. Classifications. The Haz Mat Inspector position will be paid at the same
level as the Fire Inspector (603).
One Fire Captain position will be assigned to a Fire Captain (Forty-hour Assignment)
with the pay set at 5% above the Fire Captain.
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 to rotational Paramedic duty. 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. For purposes of this section "Y-rated" means that the
em~~e rate inctudinq the Paramedic premium is frozen until the rate the
~ee would have earned without the Paramedic premium equals the employee’s
frozen rate
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. Represented classifications, who maintain EMT
certification will receive a 3% differential in addition to their base salary. The EMT
differential includes compensation for EMT paramedic support. EMT certification for all
suppression personnel is mandatory.
o Section 4. Fire Inspector Differential.
Fire inspector personnel including HazMat inspectors and HazMat specialists who have
been trained as fire investigators and who are regularly assigned to fire investigation
duties by the Chief shall be compensatedwith premium pay in the amount of $500 per
month. The Chief reserves the right to determine who is regularly assigned to such
duties.
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Section 1.
ARTICLE IX - HOLIDAYS
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The following holidays are recognized as municipal holidays for pay purposes, and
regular, employees shall have these days off with pay, except as otherwise provided in
these rules:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
Either December 24, or December 31 as provided
below
149.5 hours is the total amount of holiday hours paid annually to an employee divided
by 26 payroll periods which equals 5.75. Shift personnel may-elec4qe-shall:receive pay
in lieu of taking paid leave for accrued holidays. Such paid hours are in addition to the
normal biweekly base pay4and-sheuldqae-~e6erded as: 877500~0-4¢F. Shift personnel
will accumulate a biweekly amount of 5.75 hours. Hours are prorated and accrued
based on hours actually worked. If employees elect to be paid for these hours at any
time before the scheduled payoff, they must make sure they have sufficient hours in
their Holiday account and record the hours on their timecard in the total columns of the
timecard only.
Accrued Holiday balances will be automatically paid off-if4~et4akea-by-timec~r41-ent~y
(C=;ede !50) or payment in-li~ in the months of June and December.
Section 2.
a. 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.
b.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.
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ARTICLE X - 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 or as otherwise agreed. 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 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.
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ARTICLE Xl - MINIMUM STAFFING
Section 1. Fire Department administration and the Union have agreed to the following
for clarification of minimum suppression staffing:
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.
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c. The minimum recall for suppression minimum staffing shall be four (4) hours.
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ARTICLE Xll - 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 Xlll - 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 t4~eetwo-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.
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 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 eligible for 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.
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a.The vacation relief persons will be assigned to one station when not on relief
assignment.
b.Relief assignment can be made to any Station or shift where a shortage of
personnel will cause unnecessary overtime.
c.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.
d.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.
e.Relief assignments will be made and hours will be coordinated by the Battalion
Chief’s office.
Section 3. Transfer Requests. 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.
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 Assiqnments~ 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 fatigued.
ARTICLE XlV - 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.
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at 0.27"
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ARTICLE XV - PARAMEDIC ASSIGNMENT
Section 1. The City reserves the right to limit eligibility for the Paramedic Program to
the Fire Fighter classification. The City may, at its discretion, add other classifications
within the represented bargaining unit to meet the need of program changes.
Differentials for other classifications will be as provided in Article VIII, Section 1.
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.
Section 4. Paramedic proctoring assignments will be made by the Chief from among
qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic
at the conclusion of each proctoring assignment.
The Chief or his or her designee will establish-maintain a list of qualified proctors, from
among volunteers~mannualq~asis. Personnel will be selected by the EMS-Fire
Chief or his or her desi~from the list to serve as paramedic proctors. If a conflict
arises between the City and the Union regarding the Proctor Program, either side may
suspend the program at the annual renewal period and shall remain suspended until a
resolution or agreement is reached.
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ARTICLE XVl - 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.
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ARTICLE XVII - 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 XVlll -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 XlX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. Management may use selective call back with regard to residency in cases
of emergency.
ARTICLE XX - 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. The City offers 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.Dependents include domestic
partners, as defined under Article XX Section 3(b).
Section 3. 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 below throuqh December 31, 2006. Effective January 1, 2007 the City
will pay up to the monthly medical premium for the 2n~ most expensive plan
amonq the existing_array of plans durino~ the contract term. If PERS chan eso~e~!~
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Hanging: 0.25", Tabs: Not at 0.27"
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DRAFT 5 TA "
plans it offers, the City and the Union will meet and confer over the City
continuing to provide an equivalent benefit at an equivalent cost.
~ Fo~mrmatted: Left
I
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus
One
Employee Plus
Two or More
Monthly City Contribution
Premium for plan selected
Not to exceed the PD~hield
p remium-whic, hever~s4~ig her- ~c_~ ~sl.
Premium for plan selected
Not to exceed the P~RAC:~e~Blue~Shield
Premium er whiGheverqs4qigher~coJld_r~os.t
Premium for plan selected
Not 1o exceed the P~DRAC~t, lue~ghield
P4emiu m-er-whic=heverqs4~ig her secotld I~o.st
e~xpensive plan
Active employee domestic partners whe--whose domestic partnership is
r~ec~istered with the State of California will be elicjible for medical benefits under
this section. Active em_~_yee domestic partners wh6se domestic partnership is
not reqistered with the State but who meet the requirements of the City of Pato
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.
c. Alternate Medical Benefit Proqram.
If a regular employee and/or the employee’s dependent(s) are eligible for medical~
insurance through another employer-sponsored or association medical plan, the
employee may opt for alternative medical insurance coverage through the other
employer-sponsored or association plan and waives his/her right to the City of
Palo Alto’s medical insurance coverage for same individuals. Employees
electing alternative coverage and no City coverage will receive cash payments of
approximately half of the "averaged monthly premiums" for their medical
insurance coverage. "Averaged monthly premiums" are the average of the
Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the
employee’s City medical coverage available through the Public Employee
Retirement System (PERS).
,~FFormatted: ]ndent: Left: 0.5",
Tabs: Not at 0.75" .
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The rates for 20066 are as follows:
One Party:$44~O~0 205.00
Two Party:$36000__410.00
Family:$474300 530.00
The rates for 2007 are as follows:
__One party:$230.00
Two #arty:$460.00
_Three party:$595.00
The Alternative Medical Benefit Program rates for subsequent years covered by,
this agreement will be determined when the California Public Employees
Retirement System formally announces the health plan rates applicable for the
year in which they are to app~v~.
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Formatted: Tabs: 1", Left
Formatted: ]ndent: Left: I", Tabs:
1", Left
Formatted; Indent: Left: 0.5"
ARTICLE XXI - DENTAL BENEFITS
Section 1. The City will maintain the present level of benefits on the City-sponsored
dental program. Maximum benefits per calendar year shall be $2,000._ Effective
Januar 1~ the dental pr_E0~qram shall be amended to allow for coverage of
composite (tooth colored) fillings for posterior teeth.
Section 2. 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. Dependents will include domestic partners, as
defined under Article XX|, Section 3(b).
Section 3. The City will provide a 50% of reasonable charges, $1,500 lifetime
maximum orthodontic benefit for representation unit employees and their dependents_,
except that effective January, 2007 the lifetime maximum shall increase to two
thousand dollars ~.
ARTICLE XXII - LIFE INSURANCE
Section 1. The City will-pay4~t~te-~~JL~_the following amountsof premium on
behalf of Fire personnel:
Per Pay Period Per Month (Approx.)
Basic Life Insurance and
Basic ADD
(per $1,000 of coverage)
14
DRAFT 5 TA
The basic life insurance provided by the City shall equal the employee’s base monthly
~ multiplied~
~ormatted: Left
ARTICLE XXlll - RETIREMENT BENEFITS
Section 1. The current Public Employees’ Retirement System (PERS) benefits, known
as the "3 percent at 50" Plan shall continue in effect. Employees in represented classes
will make PERS member contributions by payroll deduction. Effective when employees
resume pa iyjEg their employee PERS contribution pursuant to section 5 below, [-T-it_he
City will provide for member contributions to be made as allowed under provisions of
IRS Code Section 414(h)(2).
~ the term of this A~g£_eement, if CalPERS no longer offers the PORAC health plan
and, as a result, an affected employee enrolls in an alternative CalPERS health plan,
~~will reimburse or provide insurance to such employee or his or her dependents
for documented medical expenses incurred that exceed the two million dollar
($2,000,000.) lifetime, maximum if any, provided that such expense would have
__otherwise been covered and paid by the health plan. Such reimbursement shall be
_made once per fiscal year_.
Section 2. Military Service Credit. The City will provide the Public Employees’
Retirement System benefit known as "Section 20930.3, Military Service Credit as Public
Service."
Section 3. PERS Retirement Formula. The City will maintain a "3% @ 50" formula for
IAFF representation unit members.
,Section 4. Option 2 Death Benefit. Neqater-thar~luae-30,-20064he4T~itywvilFameF~d4ts
~nt-ra6t-te-The CihL provides the Pre-Retirement Option Settlement 2 Death
Benefit. The Pre-Retirement Optional Settlement 2 Death Benefit provides the spouse
of a deceased member, who was eligible to retire for service at the time of death, with
an alternate option to the lump sum Basic Death Benefit whereby the surviving spouse
can elect a monthly allowance equal to the amount the member would receive if he/she
had retired from service on the date of death and elected Optional Settlement 2 (the
highest monthly allowance a member can leave a spouse).
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15
DRAFT 5 TA
Section 5. EPMC. The City will continue paying the employees 9% PERS contribution.
This payment will be reported to PERS as special compensation making the 9%
"PERSable". E~ffec-tive~JuP~e--30,~,°nn~ v,~’r the~qesest~ate~-4he-Gity-witl
d4£6entinue-paying-the-empteyeesZ-9%-PERS co,qvers~eu~rent~ies wi!! be
iae~ease~.The City will continue to pay the employee’s PERS contribution
throu~ hghjb~end of the first pa~period in January_ 2010. On the first day of the next pax_.
period employees shall resume responsibility for p_aying the full employee PERS
contribution and the City will simultaneously increase base waqe rates by nine and nine
hundred eighty nine one thousan~ds_percent (9.989%):.
Section 6. 1959 Survivor Benefit. The City will continue to provide the basic level of
,1959 PERS Survivor Benefit to eliqible employees in accordance with Government
Code section 21571.
ARTICLE XXlV - RETIREMENT MEDICAL PLAN
Section 1. Retiree medical coverage for Unit employees hired before January 1,,
2004:.-
- Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plato
will be made in accordance with the Public Employees’ Medical and Hospital Care Act
Resolution for employees that retire on or before December 31, 2006. Effective
~ 1, 2007 for an employee retiring on or after that date the Cit w’L~_l?_a_y up to the
monthly medical premium for the 2nd most expensive plan among the existing array of
plans during the contract term. If PERS changes the plans it offers the City and the
Union will meet and confer over the City continuing to provide an equivalent benefit at
an equivalent cost.
For 2006 calendar year, the City’s contribution toward dependent coverage is 65% of
the difference between the "applicable "Employee and One Dependent" or "Family"
maximum em Iop~_0Y~_er contribution for active manaqement and professional personnel and
the maximum employer contribution for "Employee Only" coverage. For 2007 the City’s
contribution will increase to 70%. This contribution for dependents will increase
annually_by 5% of the difference between the single party premium and the two party or
family_premium, until such time as the premium of the affected dependent(s) is fully
covered.
Section 2. Retiree Medical coveraqe_ for Unit ,employees hired after January 1,,
2004~be~s-~ e~,~s- :
a) Twenty (20) year vesting in PERS system for the full retiree medical benefit~ecified
in the precedin~gj~ra~_q~, including a minimum of five (5) years with thee City of
Palo Alto. Eligible employees t~te receive Fifty (50) percent of benefit after ten
(10) years; each additional service credit year after Ten (10) years will increase
employer credit by Five (5%) percent until Twenty (20) years is reached at which
time employee is eligible for One Hundred (100%) percent and Ninety (90%)
percent for dependents= ef-the~State. Notwithstanding any other term of this
section, Tthe City of Palo AIto’s health premium contribution for eligible post
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1.35" + 1.63" + 1.9" + 2.17" +
2.4’~" + 2.71" + 2.98" + 3.25" +
3.52" + 3.79" + 4.06" + 4.33" +
’t.6" + 4.88" + 5.15" + 5.,t2" +
5.69" + 5.96"
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DRAFT 5 TA
January 1, 2004 hires shall be-not be less than the minimum contribution set by
PERS under Government Code Section ~22893 based on a weighted
average of available health plan premiums.
~ Formatted: Left
ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM
Section 1. 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 beavailable~e-repFesentction unit emp!oyccs
,,;ith pay p,~r;,.,, .... h,=~ 1 of !99"!,, an~l-remain in effect subject to a
reasonable minimum participation level and availability of third party administrative
services at a reasonable cost.
ARTICLE XXVI - 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.
For employees completing nine but not more than 14 years continuous service,
the accrual rate shall be 10 duty shifts per year.
For employees completing 14 but tess than 19 years continuous service, the
accrual rate shall be 11 duty shifts per year.
e.For employees completing 19 or more years continuous service, the accrual rate
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.
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~fier~anu~. The bank is
established only to facilitate changeover from unlimited to three times annual accrual
rate limitation on vacation accrual as herein provided:
17
DRAFT 5 TA Formatted: Left
ARTICLE XXVll - 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 Chiefl
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.
Section 9. Cash out Option. Once each calendar year an emplo~vee may cash out
e=jght (8) or more hours of vacation accrual in excess of ei htcl~Ly~80) hours.to a maximum
of one hundred twenty~120) hours; PROVIDED, that the emf)l~vee has taken eighty
(80) hours of vacation off with pay in the previous twelve (12) months.
ARTICLE XXVlll - 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 (,~-72 shift hours for suppression personnel) sick
leave per year may be used for illness in the immediate family (wife, husband, child,
18
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DRAFT 5 TA
parent, parent-in-law, brother, sister, registered domestic partner, or close relative
residing in the household of the employee.)
Section 2. Eli_qibiliff. 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.
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.
~Formatted:Left
19
DRAFT 5 TA
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 Charqeable 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-feup-~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 XII.
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.
Section 11. Pilot Sick Leave Incentive Benefit. The parties adopt the following sick
leave incentive benefit for employees hired on or after January 1 1984 that shall
automatically terminate at the close of business June 30 2010 unless the parties
otherwise a~ree in writin~
a.Plan Year. For purposes of this section "Plan Year" means the period of July 1
~b_the following June 30 in which an el~_i_i_igible employee may elect and vest
in an incentive Ea~_ment under this rp!pgram, subject to the terms set forth in this
section.
2O
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DRAFT 5 TA
b.Minimum Accumulation Thresholds for Initial and Continued Eliqibility.
Sick leave accumulation thresholds for determining eligibility to elect an incentive
payment under this program are as follows:
720 hours
792 hours
864 hours
936 hours
1000 hours
c. How Accumulation Thresholds Operate.,
An employee must have accumulated at least seven hundred twenty (720) hours
of unused sick leave at the beginning of the Plan Year in which he or she desires
to elect an initial incentive pa~yment under this program. If the employee’s_
unused hours as of July_!,_2006, or on July 1 of a subsequent Plan Year if the
employee has not previously elected and vested in an initial incentive payment,
the em I~Lo_yee’s initial threshold shall be the highest threshold his balance has
met as of the beginning of that Plan year. Every time the employee elects and
vests in an incentive payment, his or her eligibility threshold shall move to the
~her threshold specified in subsection b of this subsection. However if
the em_p~ee does not timely elect an incentive payment while at an
accumulation threshold but accumulates enough sick leave to reach a hiqher
accumulation threshold ~j~ of the next Plan Year, his or her
minimum accumulation threshold shall be the hiqher threshold.
EXAMPLE 1: Employee Summers has 720 hours of sick leave accumulated as
of Jul,&!,l 2006. Summers files a timely election for an incentive payment and
meets all other requirements to quali~fy for the payment by the end of the plan
year, thus vestin~ht to that payment Summers’ new minimum
accumulation eli~_ty~breshold to elect an incentive p_ayment is 792 hours.
Summers then uses enough sick leave that Summers’ unused sick leave balance
at the beginning of the next Plan Year is only 770 hours. Summers may not elect
an incentive payment because Summers does not meet Summers’ threshold o~f
792 hours.
EXAMPLE 2: Em~l__lg~yee Summers has 850 hours of sick leave accumulated as
of July 1, 2006. Summers’ initial threshold is 792 hours. If Summers elects and
vests in an incentive payment for that y~_ar, Summers’ new threshold will be 864
hours in the next Plan Year. If Summers works and does not use sick leave in
the next Plan Year and does not elect an incentive payment in the Plan Year, his
or her accumulation balance at the beginning of the next Plan year will be 994
hours and his or her minimum eligibility threshold will be 936 hours. If Summers
then uses 400 hours of sick leave, his or her threshold remains 936 hours until
Summers has elected and vested in an incentive payment at that level or
reached the 1000 hour level at the commencement of a Plan Year.
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21
DRAFT 5 TA
d.Election Right - Amount of Payment. An employee who has met his or her
applicable minimum accumulation threshold for the Plan year may elect to
quest to convert sick leave accumulated durinq that Plan Year into an incentive
payment for that plan year. Except as provided in subsections d and e below of
this section, the_payment shall be calculated as of June 30 of the Plan Year usinq
the followinq formula, which reflects an incentive equal to 50% of the book value
of unused sick leave accrued in excess of 72 hours durinq the Plan Year:
Minus
Minus.
Equals
Divided by.
nl (number of sick leave hours accrued during the Plan Year)
n2 (number of sick leave hours used durinq the Plan Year)
n3(net hours accumulated durinq the Plan Year, .....
72 (.hours)
n4 (number of hours that may be converted to incentive pay)
n5 (employee’s base hourly wage rate at end of Plan Year)
n6 J~dollar value of convertible hours if paid at 100%)
2 (50% payment conversion factor)
~Gross incentive payment to the employee)
EXAMPLE: Employee Summers has 720 hours of unused sick leave as of the
beqinning of the Plan Year. During the Plan Year Summers accrues 144 hours
of sick leave and uses 12 hours. Summers files a timely election to convert sick
leave to incentive pay in the Plan Year. Summers’ base hourly wage rate is $30
as of June 30 of the Plan Year. The formula for determininqL.qross incentive pay
operates as follows:
144
Minus 12 (n2)
Equals 132 (n3)
Minus 72
~uals 60 (n4)
Multiplied by~$~
Equals $1800
Divided by 2
Equals $900 (n7 - Payment due to emp~e on payment date).
e..Special Modifications ~ment Calculation for 936 Hour Threshold.
To compensate for the effect of the 1000 hour sick leave accumulation ceilincL~
the employee’s threshold is 936 hours,, he or she meets the threshold at the
b_b~g~ of the Plan Year and elects to receive incentive pay, the formula set
forth in subsection c above of this subsection shall be modified so that the
~ee’s incentive p~yment is calculated as thoucjh he or she accrued one
hundred forty-four (144) hours of sick leave during the Plan Year less any ¯
accumulation that would not have occurred due to an _u_npaid leave of absence
during the Plan Year.
22
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DRAFT 5 TA
Incentive for Employees meetin~j 1000 Hour Threshold. If the employee’s
threshold at the beginnincl_o~f the Plan year is 1000 hours he or she shall
automatically accumulate one incentive pay unit in lieu of unused sick leave that
would otherwise cause the employee’s unused accumulation balance to exceed
the 1000 hour sick leave accumulation ceilinq These units will accumulate
during the Plan Year. On the p~ment date~the em~£yee shall be paid for each
incentive pay unit accumulated durin9 the Plan Year at fifty percent (50%) of the
employee’s base hourly wage rate as of June 30 of the Plan Year. The creditinq
of incentive p~y units under this subsection is automatic and will occur when the
conditions for creditinq have been met. Similarly, the~ment for accumulated
incentive PAY units is automatic on the payment date. No election is required for
either event. The Payment provided under this subsection is the only incentive
Ea~vment to which an em~_loyee with a 1000 hour threshold may receive incentive
p=~= The terms of subsections c and d of this section shall not apply to such
EXAMPLE: Summers starts the Plan Year with 1000 hours on the books. In the
first month, Summers does not use sick leave and will accumulate twelve
incentive pay units. The next month Summers uses twenty-four hours of sick
leave and accumulates twelve hours of sick leave. Summers does not
accumulate incentive pay units in this month. In the next month Summers does
not use sick leave and accumulates twelve hours. Because Summers’
accumulation balance only reaches the 1000 hour threshold this month.
Summers does not accumulate incentive Easy units. In the fourth month
Summers does not use sick leave. Therefore Summers accumulates another
twelve incentive pay units. On the payment date Summers’ accumulated
incentive Ea2 units at the end of the Plan Year are.paid off at fifty percent) of
Summers’ base hourt w~w~ge rate as of June 30 of the Plan Year. Thus if
Summers has 48 incentive p~units by the end of the Plan Year Summers will
be paid a total incentive payment that equals 24 hours of straight time base
heurl_~=%&g_es for those units (48 x 50% of rate~
Effect of Payment of Incentive Pay for Sick Leave Hours and Incentive Pay
Units. Sick leave hours converted to incentive pay and paid at a threshold below
1000 hours or incentive pay units paid pursuant to this section at the 1000 hour
threshold are rendered null and void and are removed from an employee’s sick
leave or incentive unit account whichever applies.
Pay Date. The pay date for ~ment of incentive pa_&,vments under this section
shall be no later than Auclust 31 of the fiscal ~/ear following the Plan Year in
which the pa~v=ment vested. Notwithstanding the termination date of this rp~o~ r~_
~)~ents that vest under this section in the Plan Year endinq
6/30/10 shall nonetheless_be paid to the applicable employees by Augus~
2010.
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DRAFT 5 TA ~
Election Procedures and Timetable. Except as provided in subsection e above-
of this subsection, an employee who meets his or her threshold as of the
~inning of the Plan Year who desires to convert sick leave to receive incentive
I~a~wshall complete and deliver to the Payroll Processinq Section of the
Accountinq Division of the City’s Administrative Services Department an election
form designed~and provided by the City during March of that Plan Year. An
incomplete or untimely form shall be deemed invalid and have no effect.
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! Tab after: 0.75" + Indent at: 0.75",
i No widow/orphan control, Tabs: Not
at 0,75"
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ARTICLE XXlX - 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 XXX - 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 XXXl - 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 XXXII- 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 and/or 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.
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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.
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.
~ Formatted: Left
ARTICLE XXXIII - 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.
Section 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,
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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 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. Ju~ 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 XXXlV - VOLUNTEER LEAVE PROGRAM
The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide
members of Local 1319 International Association of Fire Fighters (IAFF) employees the
opportunity to donate their accrued vacation time to assist fellow members of IAFF
either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or
injury (as defined herein) or (b) in order to care for a member of the employee’s
immediate family (spouse, child, parent or registered domestic partner suffering from a
verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all
of their paid leave.
In order to be eligible to receive donated leave, an employee must have a catastrophic
illness or injury or an employee’s immediate family member must have a catastrophic
illness or injury that requires the employee to provide full-time care for this family
member. Care will be taken to emphasize the voluntary nature of the plan and to insure
confidentiality of employee participants and medical conditions (where applicable).
A Firefighter Vo’luntary Leave Sharing Program has been established to accept
donations of vacation in accordance with the Program’s guidelines. All donations shall
be:
1.Voluntary
2.Irrevocable
3.Confidential, unless disclosure is required by law
4.In whole hour increments of at least four (4) hours, with the hours donated being
converted to donee hours based on the donee’s salary rate (so that there will be
no cost to the City due to salary differential).
5. The employee shall be required to exhaust all other types of leave to request
donated leave
6. It is understood that employees seeking or receiving leave under this program
will apply for long-term disability benefits for which they may be eligible
7.Where any of the period during which an employee receives donated leave is
designated as family leave underthe California Family Rights Act (CFRA/Family
Formatted: Left
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DRAFT 5 TA
Medical Leave Act (FMLA), the employee will be eligible for continuation of
medical a0d other available benefits during that the family leave period (for up to
12 weeks), in accordance with the requirements of those laws. If the employee
receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or
after the employee has exhausted the available CFRA/FMLA leave period, the
employee will need to pay the premiums for continued medical and other
available benefits if the employee chooses to continue such coverages through
the City
8. If the donation request is based on the need for an employee to care for an
immediate family member, as defined above, the family member must require
full-timg care by the employee. Certification of this requirement by a health care
professional is required
9. The maximum donated time a donee may receive is 12 months (if available).
10.Applications to donate leave or receive leave under this Program are made to the
Human Resources Department
11 .This is a pilot program and is subject to cancellation by either party
IAFF members interested in donating leave or in applying to receive donated leave shall
complete forms provided by the Human Resources Department. If an applicant for
leave is found to meet the criteria set forth herein, Human Resources will determine the
availability of and (as applicable) allocation of donated paid leave. Payroll will be
notified in writing of the number of hours to be deducted from each donating employee’s
vacation balance and transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Injury (also referred to as "medical emergency" in Revenue
Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non-
occupational medical condition of an employee that will require the prolonged absence
of the employee from duty and which will result in a substantial loss of income to the
employee because the employee will have exhausted all paid leave available apart from
the Voluntary Employee Leave sharing Program. Non-disability postpartum leave as
referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury
under this Policy.
[ Formatted~" Le~
ARTICLE XXXV- TUITION REIMBURSEMENT
Section 1.
Effective July 1, 2004 the tuition reimbursement program was amended to provide each
employee the option of receiving the $1,000 as taxable cash or as a contribution to
deferred compensation. This selection shall be made each May to be effective
throughout the following fiscal year-(exc-ept-4a-2004 it sh~l~ be made~’ithin 30 d~ys
fellewing-ratifi6ation of this 3#reement). Once the election is made for the fiscal year, it
is irrevocable.
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ARTICLE XXXVl - 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.
Formatted: Left
ARTICLE XXXVll - HOUSE FUND ITEMS
Section 1. Station House Fund. The station house fund per year, per shift employee
shall be $48.00.
Section 2. The City agrees to furnish and maintain each fire station with non-food
house fund items: TV purchase and repair, the San Jose Mercury News, and the San
Francisco Chronicle to be selected on an annual basis. Kitchen cooking utensils, small
kitchen appliances and other specific items to be determined by mutual agreement of
the parties will be purchased from the station house fund. The Fire Fighters agree to
maintain the voter registration program.
ARTICLE XXXVlII - 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. 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:
1.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.
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3.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.
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 Union shall deliver a
copy of a written grievance to the Human Resources Department Director on the
same date that it is first filed with another City representative under the provisions of
the below e, rievance procedure.
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.
6.If a grievance is related to a promotional process to positions within the
representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal
¯ for FPB positions).
Step I. 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 I1. 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 therefore.
Step II1. If the grievance is not resolved in Step II, it may be submitted in writing to
the Fire Chief within 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 therefore.
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 III. 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.
~Formatted: Left
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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:
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.
do 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.
Formatted: Left
ARTICLE XL- SAFETY COMMITTEE
Section 1. A Safety Committee comprised of four representation unit members
appointed by the Union, and at least two members of Management, will continue to
meet. The Committee may make safety recommendations to the Fire Chief regarding
equipment, vehicles and apparatus and may review all accidents involving represented
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personnel. Management shall inform the Safety Committee of all accidents involving
injuries to represented personnel.
~ Formatted: Left
ARTICLE XLI - MISCELLANEOUS
Section 1. The City will issue four T-shirts to each uniformed employee each July
These T-shirts are for use on duty only and will be maintained by the employee.
Section 2. 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. 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.
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.
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 Requlations. 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.
31
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ARTICLE XLII - DURATION
This Memorandum of Agreement shall become effective July 1, 2004~ and remain
effective until June 30, 200~;10.
EXECUTED:
FOR:FOR:
INTERNATIONAL ASSOCIATION CITY OF PALO ALTO
OF FIRE FIGHTERS
32
MEMORANDUM OF AGREEMENT
Between
A,_, O and LOCAL 1319,PAL0 ,T
I.A.F.F.
July 1, 2006 -June 30, 2010
PREAMBLE
ARTICLE I - RECOGNITION
SECTION 1. RECOGNITION.
ARTICLE II - NO DISCRIMINATION
SECT1ON l. NO DISCRIMINATION.
SECTION 2. FREE CHOICE.
SECTION 3. HUMAN RELATIONS COMMITTEE
ARTICLE III - PAYROLL DEDUCTIONS - AGENCY SHOP
SECTION l. PAYROLL DEDUCTIONS AND WRITTEN AUTHORIZATION,
SECTION 2. AGENCY SHOP.
ARTICLE IV - UNION ACTIVITIES
SECTION 1. ON-DUTY TIME.
SECTION 2. INTEROFFICE MAIL, BULLETIN BOARDS, AND E-MAIL.
SECTION 3. USE OF MEETING PLACES.
ARTICLE V - NO STRIKES
SECTION l. NO STRIKES
ARTICLE VI - PROBATIONARY PERIOD
SECTION 1. TENTATIVE AND SUBJECT TO PROBATIONARY PERIOD.
SECTIOU 2. PART OF TESTING PROCESS.
SECTION 3. SUSPENSION OR TERMINATION.
ARTICLE VII - SALARY PROVISIONS
SECTION l.PERCENT INCREASES.
SECTION 2.OUT-OF-CLASS COMPENSATION.
SECTION 3.PAY FOR COURT APPEARANCE.
SECTION 4.CLASSIFICATIONS.
ARTICLE VIII - PAY DIFFERENTIALS
SECTION 1. PARAMEDIC DIFFERENTIAL.
SECTION 2. HAZ MAT DIFFERENTIAL.
SECTION 3. EMT DIFFERENTIAL.
SECTION 4. FIRE INSPECTOR DIFFERENTIAL.
ARTICLE IX - HOLIDAYS
SECTION ]. NAMED HOLIDAYS.
SECTION 2. CONDITIONS.
ARTICLE X - OVERTIME COMPENSATION
SECTION 1. COMPENSATION.
ARTICLE Xl - MINIMUM STAFFING
SECTION 1. MINIMUM STAFFING.
ARTICLE Xll - FIRE DEPARTMENT PROGRAMS
SECTION l. PROGRAMS.
ARTICLE Xlll - WORK ASSIGNMENTS AND TRANSFERS
SECTION l. SH1POUTS.
1
1
1
1
1
1
l
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2
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3
3
3
4
4
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4
4
4
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6
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6
6
6
6
6
6
7
.8
8
8
9
9
9
9
SECTION 2.VACATION RELIEF POSITIONS.
SECTION 3.TRANSFER REQUESTS.
SECTION 4.SPECIAL ASSIGNMENTS.
SECTION 5.CONTINUOUS HOURLY SERVICE.
ARTICLE XlV - TRAINING COORDINATION
SECTION 1. COORDINATION.
ARTICLE XV - PARAMEDIC ASSIGNMENT
SECTION 1. LIMIT OF ELIGIBILITY.
SECTION 2. ADDITIONAL CANDIDATE TRAINING.
SECTION 3. INCENTIVES.
SECTION 4. PROCTORING.
ARTICLE XVl - FIRE FIGHTER APPRENTICE PROGRAM
SECTION 1.IMPLEMENTATION.
SECTION 2.BEGINNING FIRE FIGHTING SUPPRESSION WORK.
SECTION 3.TESTING PROCESS.
ARTICLE XVll - PROMOTION
SECTION I. PROMOTION STEP LEVEL.
SECTION 2. PROMOTION PROCESS INFORMATION.
ARTICLE XVlII - REDUCTION IN FORCE
SECTION i. ORDER OF REDUCTION.
ARTICLE XlX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
SECTION l. IN CASE OF EMERGENCY
ARTICLE XX - HEALTH BENEFITS
SECTION I. MAINTENANCE OF LEVELS
SECTION 2. VISION CARE.
SECTION 3. PEMHCA HEALTH PLAN.
NOT TO EXCEED THE SECOND MOST EXPENSIVE PLAN
NOT TO EXCEED THE SECOND MOST EXPENSIVE PLAN
ARTICLE XXl - DENTAL BENEFITS
SECTION 1. LEVEL OF BENEFITS.
SECTION 2. PREMIUMS.
SECTION 3. LIFETIME MAXIMUM INCREASE.
ARTICLE XXll - LIFE INSURANCE
SECTION 1. PREMIUMS.
ARTICLE XXlll - RETIREMENT BENEFITS
SECTION ] EMPLOYEE PERS CONTRIBUTIONS.
SECTION 2. MILITARY SERVICE CREDlT.
SECTION 3. PERS RETIREMENT FORMULA.
SECTION 4. OPTION 2 DEATH BENEFIT.
SECTION 5. EPMC.
SECTION 6. 1959 SURVIVOR BENEFIT.
ARTICLE XXlV - RETIREMENT MEDICAL PLAN
SECTION |. RETIREE MEDICAL COVERAGE FOR UNIT EMPLOYEES HIRED BEFORE JANUARY l, 2004:
9
10
10
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lO
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ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP)
SECTION I. DCAP.
ARTICLE XXVl - VACATION ACCRUAL
SECTION 1. ACCRUAL RATE.
SECTION 2. UNUSED AT TERMINATION.
SECTION 3. LIMITS.
ARTICLE XXVII - USE OF VACATION
SECTION 1. MAXIMUM NUMBER OF SLOTS.
SECTION 2. APPROVALS.
SECTION 3.VACATION PAY.
SECTION 4.ILLNESS ON VACATION.
SECTION 5.WHEN TO BE TAKEN.
SECTION 6.LIMITATION ON USE.
SECTION 7.WAITING PERIOD.
SECTION 8.DOUBLE COMPENSATION PROHIBITED.
SECTION 9.CASH OUT OPTION.
ARTICLE XXVlll - SICK LEAVE
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION
SECTION
SECTION
SECTION
SECTION
STATEMENT OF POLICY.
ELIGIBILITY.
ACCRUAL.
ACCUMULATION.
USE.
DEPLETION OF SICK LEAVE BENEFITS.
7. FORFEITURE UPON TERMINATION.
8. PAYMENT FOR ACCUMULATED SICK LEAVE.
9. PERSONAL BUSINESS LEAVE CHARGEABLE TO SICK LEAVE.
10. RETURN TO WORK OR CONTINUE WORK WITH LIMITED DUTY.
1 1. PILOT SICK LEAVE INCENTIVE BENEFIT,
ARTICLE XXIX - SUBPOENAS
ARTICLE XXX -WORKERS’ COMPENSATION
SECTION 1. STATUS REPORTING WHILE ON DISABILITY.
ARTICLE XXXl - PHYSICAL FITNESS MEDICAL EXAMINATIONS
ARTICLE XXXll- LEAVES OF ABSENCE WITHOUT PAY
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
DISABILITY.
OTHER LEAVES.
ACCRUED VACATION CREDITS.
APPROVAL OF DEPARTMENT HEAD.
APPROVAL BY CITY MANAGER.
ABSENCE WITHOUT LEAVE.
LEAVE OF ABSENCE; DEATH OUTSIDE THE IMMEDIATE FAMILY.
MILITARY LEAVE OF ABSENCE.
ARTICLE XXXlll - LEAVES OF ABSENCE WITH PAY
SECTION I. CITY MANAGER GRANTED LEAVES.
SECTION 2.COUNCIL GRANTED LEAVE.
SECTION 3.EMPLOYEE’S TIME OFF TO VOTE.
SECTION 4.LEAVES OF ABSENCE; DEATH IN IMMEDIATE FAMILY.
SECTION 5.JURY DUTY; LEAVE OF ABSENCE.
ARTICLE XXXlV - VOLUNTEER LEAVE PROGRAM
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ARTICLE XXXV- TUITION REIMBURSEMENT
SECTION 1. OPTIONS.
ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES
SECTION l. CITY BUSINESS.
ARTICLE XXXVII - HOUSE FUND ITEMS
SECTION l. STATION HOtJSE FUND.
SECTION 2. NON-FOOD HOUSE ITEMS
ARTICLE XXXVIII - PARKING
SECTION I. ENTITLEMENTS.
ARTICLE XXXlX- GRIEVANCES
ARTICLE XL- SAFETY COMMITTEE
SECTION 1. COMMITTEE
ARTICLE XLI- MISCELLANEOUS
SECTION l. T-SHIRTS.
SECTION 2. REMOVAL OF DISCIPLINARY ACTIONS.
ARTICLE XLII - FULL UNDERSTANDING
SECTION 1. FULL AND ENTIRE UNDERSTANDING.
SECTION 2. FAIR LABOR STANDARDS ACT.
SECTION 3. SEVERABILITY.
SECTION 4. GOOD FAITH.
SECTION 5. MERIT SYSTEM RULES AND REGULATIONS.
SECTION 6. STATION CONSOLIDATION OR RELOCATION.
SECTION 7. MEET aND CONVER.
ARTICLE XLII - DURATION
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3]
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32
MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and LOCAL 1319, I.A.F.F.
July 1, 2006 - June.30, 2010
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. Recoqnition. 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 Captain (forty-hour assignment),
Fire Inspector, Hazardous Materials Specialist, and Hazmat Inspector, 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. No Discrimination. 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 non-membership in the Union, or participation in the lawful activities of
the Union.
Section 2. Free Choice. 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 Human Relations 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 - AGENCY SHOP
Section 1. Payroll Deductions and Written Authorization. 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 expiration of this
Memorandum of Agreement during the thirty-day period between sixty and ninety days
prior to expiration of the Memorandum of Agreement.
Section 2. Agency Shop. Pursuant to legislation enacted by SB 739 and amendment
to the Meyers-Milias-Brown Act, the City and the Union agree to abide by the following
provisions as they relate to an agency shop and an agency shop election.
Agency Shop as defined under Meyers-Milias Brown means "an arrangement
that requires an employee, as a condition of continued employment, either to join
the recognized employee organization, or to pay the organization a service fee in
an amount not to exceed the standard initiation fee, periodic dues, and general
assessments of the organization." The City and the Uni’on agree that an agency
shop arrangement between the City and the Union shall be placed in effect upon
ratification of this agreement.
Any employee who is a member of a bona fide religion, body, or sect that has
historically held conscientious objections to joining or financially supporting public
employee organizations shall not be required to join or financially support any
public employee organization as a condition of employment. The employee may
be required, in lieu of periodic dues, initiation fees, or agency fees, to pay sums
equal to the dues, initiation fees, or agency fees to a nonreligious, nonlabor
charitable fund exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code, chosen by the employee from a list of at least three
organizations, or if the memor.andum of understanding between the City and the
Union fails to designate the funds, then to any such fund chosen by the
employee. Proof of the payments shall be made on a monthly basis to the City
2
as a condition of continued exemption from the requirement of financial support
to the Union.
Covered employees shall execute written authorization for either Union dues
deductions, the agency fee, or, if eligible, the charitable contribution. In the
absence of a written authorization the City shall deduct the agency fee from the
employees paycheck.
If implemented, an agency shop provision may be rescinded by a majority vote of
all the employees in the unit covered by the Memorandum of Understanding
Pursuant to the Meyers-Milias-Br.own Act.
The Union shall keep an adequate itemized record of its financial transactions
and shall make available annually, to the City and to the employees who are
members of the organization, within 60 days after the end of its fiscal year, a
detailed written financial report thereof in the form of a balance sheet and an
opening statement, certified as to accuracy by its president and treasurer or
corresponding principal officer, or a certified public accountant.
The Union shall indemnify and hold the City harmless against any liability arising
from any claims, demands, or other action relating to the City’s compliance with
the agency shop obligation. The Union shall comply with all statutory and legal
requirements with respect to Agency Shop.
ARTICLE IV - UNION ACTIVITIES
Section 1. On-Duty Time. 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, Bulletin Boards, and E-Mail 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 Operations Chief or Fire Chief. Action on approval will be taken within
24 hours of submission.
The Union may send e-mail messages only for the purposes set forth above. The I.T.
Division will maintain the IAFF list. The Union access to e-mail is based on the
following conditions:
1)E-Mails to the IAFF list will be copied to the Fire Chief or Operations Chief at
distribution.
2) E-Mails to the IAFF list will only be sent by the Executive Board Members.
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.
ARTICLE V - NO STRIKES
Section 1. No Strikes. 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 Vl - PROBATIONARY PERIOD
Section 1. Tentative and Subiect to Probationary Period. 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. Part of Testinq Process. 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. Suspension or Termination. 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 PROVISIONS
Section 1. Percent Increases.
ao Effective with the pay period including July 1, 2006, a three percent (3%)
increase will be applied to the salary ranges of all represented classes, except
that the increase for Fire Captains shall be four percent (4%).
Effective with the pay period including July 1, 2007, a three percent (3%)
increase will be applied to the salary ranges of all represented classes, except
that the increase for Fire Captains shall be four percent (4%).
Effective with the pay period including July 1, 2008, a three percent (3%)
increase will be applied to the salary ranges of all represented classes except
that the increase for Fire Captains shall be four percent (4%).
Effective with the pay period including July 1, 2009, a four percent (4%) increase
will be applied to the salary ranges of all represented classes except that the
increase for Fire Captains shall be five percent (5%).
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 classification working as a Battalion
Chief, 10% above 5th-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.
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.
Section 4. Classifications. The Haz Mat Inspector position will be paid at the same
level as the Fire Inspector (603).
One Fire Captain position will be assigned to a Fire Captain (Forty-hour Assignment)
with the pay set at 5% above the Fire Captain.
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 to rotational Paramedic duty. 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. For purposes of this section, "Y-rated" means that the
employee’s wage rate including the Paramedic premium is frozen until the rate the
employee would have earned without the Paramedic premium equals the employee’s
frozen rate
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. Represented classifications, who maintain EMT
certification, will receive a 3% differential in addition to their base salary. The EMT
differential includes compensation for EMT paramedic support. EMT certification for all
suppression personnel is mandatory.
Section 4. Fire Inspector Differential.
Fire inspector personnel including Haz Mat inspectors and Haz Mat specialists who
have been trained as fire investigators and who are regularly assigned to fire
investigation duties by the Chief shall be compensated with premium pay in the amount
of $500 per month. The Chief reserves the right to determine who is regularly assigned
to such duties.
ARTICLE IX - HOLIDAYS
Section 1. Named Holidays.
The following holidays are recognized as municipal holidays for pay purposes, and
regular, employees shall have these days off with pay, except as otherwise provided in
these rules:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4th
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
Either December 24, or December 31 as provided below
149.5 hours is the total amount of holiday hours paid annually to an employee divided
by 26 payroll periods which equals 5.75. Shift personnel shall_receive pay in lieu of
taking paid leave for accrued holidays. Such paid hours are in addition to the normal
biweekly base pay. Shift personnel will accumulate a biweekly amount of 5.75 hours.
Hours are prorated and accrued based on hours actually worked. If employees elect to
be paid for these hours at any time before the scheduled payoff, they must make sure
they have sufficient hours in their Holiday account and record the hours on their
timecard in the total columns of the timecard only.
Accrued Holiday balances will be automatically paid off in the months of June and
December.
Section 2. Conditions.
Do
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 X - OVERTIME COMPENSATION
Section 1. Compensation. 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 or as
otherwise agreed. 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 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.
ARTICLE Xl - MINIMUM STAFFING
Section 1. Minimum Staffing. Fire Department administration and the Union have
agreed to the following for clarification of minimum suppression staffing:
Thirty-one (3i) 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.
The minimum recall for suppression minimum staffing shall be four (4) hours.
ARTICLE Xll - FIRE DEPARTMENT PROGRAMS
Section 1. Proqrams. The Union agrees to continue its cooperation and participation
in existing weather station and community blood pressure screening and measurement
programs.
ARTICLE Xlll - 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 two-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.
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 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 eligible for 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 ~nor~~~n--~ ~o ~-ed--~--~ce t-~e ~-eed 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 persons will be assigned to one station when not on relief
assignment.
b.Relief assignment can be made to any Station or shift where a shortage of
personnel will cause unnecessary overtime.
c.Shortages may be caused by vacation, sick leave, disability or any leave of absence
that causes a shift to beshort of personnel while another has a surplus.
d.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.
e.Relief assignments will be made and hours will be coordinated by the Battalion
Chief’s office.
Section 3. Transfer Requests. 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.
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 Assiqnments. 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 fatigued.
ARTICLE XlV - TRAINING COORDINATION
Section 1. Coordination. 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 XV - PARAMEDIC ASSIGNMENT
Section 1. Limit of Eligibility. The City reserves the right to limit eligibility for the
Paramedic Program to the Fire Fighter classification. The City may, at its discretion,
add other classifications within the represented bargaining unit to meet the need of
program changes. Differentials for other classifications will be as provided in Article
VIII, Section 1.
Section 2. Additional Candidate Traininq. 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. Incentives. 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.
Section 4. Proctorinq. Paramedic proctoring assignments will be made by the Chief
from among qualified volunteers. Payment of $600 will be made to the primary
proctoring paramedic at the conclusion of each proctoring assignment.
The Chief or his or her designee will maintain a list of qualified proctors from among
volunteers. Personnel will be selected by the Fire Chief or his or her designee from the
list to serve as paramedic proctors. If a conflict arises between the City and the Union
regarding the Proctor Program, either side may suspend~ the program at the annual
renewal period and shall remain suspended until a resolution or agreement is reached.
ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM
Section 1. Implementation. 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. Be.qinning Fire Fi.qhtin.q Suppression Work. 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. Testinq Process. 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 XVII - PROMOTION
Section 1. Promotion Step Level. 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. Promotion Process Information. 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 XVIII - REDUCTION IN FORCE
Section 1. Order of Reduction. 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 XlX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. In Case of Emergency Management may use selective call back with
regard to residency in cases of emergency.
ARTICLE XX - HEALTH BENEFITS
Section 1. Maintenance of Levels 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. The City offers 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.Dependents include domestic
partners, as defined under Article XX Section 3(b).
Section 3. 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
12
PEMHCA optional plan will be made to the maximum amount indicated in each
category below through December 31, 2006. Effective January 1, 2007 the City will
pay up to the monthly medical premium for the 2nd most expensive plan among the
existing array of plans during the contract term. If PERS changes the plans it offers,
the City and the Union will meet and confer over the City continuing to provide an
equivalent benefit at an equivalent cost.
During the term of this Agreement, if CalPERS no longer offers the PORAC health
plan and, as a result, an affected employee enrolls in an alternative CalPERS health
plan, the City will reimburse or provide insurance to such employee or his or her
dependents for documented medical expenses incurred that exceed the two million
dollar ($2,000,000.) lifetime maximum, if any, provided that such expense would
have otherwise been covered and paid by the health plan. Such reimbursement
shall be made once per fiscal year.
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus
One
Employee Plus
Two or More
Monthly City Contribution
Premium for plan selected
Not to exceed the second most expensive plan
Premium for plan selected
Not to exceed the second most
expensive plan
Premium for plan selected
Not to exceed the second most
expensive plan
Active employee domestic partners whose domestic partnership is registered with
the State of California will be eligible for medical benefits under this section. Active
employee domestic partners whose domestic partnership is not registered with the
State but 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.
Co Alternate Medical Benefit Proqram.
If a regular employee and/or the employee’s dependent(s) are eligible for medical
insurance through another employei--sponsored or association medical plan, the
employee may opt for alternative medical insurance coverage through the other
employer-sponsored or association plan and waives his/her right to the City of Palo
Alto’s medical insurance coverage for same individuals. Employees electing
alternative coverage and no City coverage will receive cash payments of
approximately half of the "averaged monthly premiums" for their medical insurance
coverage. "Averaged monthly premiums" are the average of the Kaiser HMO, Blue
Shield HMO and PERS Choice PPO premiums for the employee’s City medical
coverage available through the Public Employee Retirement System (PERS).
The rates for 2006 are as follows:
One Party:$ 205.00
Two Party:$ 410.00
Family:$ 530.00
The rates for 2007 are as follows:
One party:$230.00
Two party:$460.00
Family:$595.00
The Alternative Medical Benefit Program rates for subsequent years covered by
this agreement will be determined when the California Public Employees
Retirement System formally announces the health plan rates applicable for the
year in which they are to apply.
ARTICLE XXl - DENTAL BENEFITS
Section 1. Level of Benefits. The City will maintain the present level of benefits on the
City-sponsored dental program. Maximum benefits per calendar year shall be $2,000.
Effective January 1, 2007, the dental program shall be amended to allow for coverage
of composite (tooth colored) fillings for posterior teeth.
Section 2. Premiums. 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. Dependents will include domestic
partners, as defined under Article XX, Section 3(b).
Section 3. Lifetime Maximum Increase. The City will provide a 50% of reasonable
charges, $1,500 lifetime maximum orthodontic benefit for representation unit employees
and their dependents, except that effective January 1, 2007 the lifetime maximum shall
increase to two thousand dollars ($2000).
ARTICLE XXll - LIFE INSURANCE
Section 1. Premiums.
behalf of Fire personnel:
The City currently pays the following amounts of premium on
Per Pay Period Per Month (Approx.)
Basic Life Insurance and
Basic ADD
(per $1,000 of coverage)
$.085 $.185
The basic life insurance provided by the City shall equal the employee’s base monthly
salary multiplied by twelve.
ARTICLE XXlll - RETIREMENT BENEFITS
Section 1 Employee PERS Contributions. The current Public Employees’ Retirement
System (PERS) benefits, known as the "3 percent at 50" Plan shall continue in effect.
Employees in represented classes will make PERS member contributions by payroll
deduction. Effective when employees resume paying their employee PERS contribution
pursuant to section 5 below, []the City wiii provide for member contributions to be made
as allowed under provisions of IRS Code Section 414(h)(2).
Section 2. i~iilitary Service Credit. The City will provide the Public Employees’
Retirement System benefit known as "Section 20930.3, Military Service Credit as Public
Service."
Section 3. PERS Retirement Formula. The City will maintain a "3% @ 50" formula for
IAFF representation unit members.
Section 4. Option 2 Death Benefit. The City provides the Pre-Retirement Option
Settlement 2 Death Benefit. The Pre-Retirement Optional Settlement 2 Death Benefit
provides the spouse of a deceased member, who was eligible to retire for service at the
time of death, with an alternate option to the lump sum Basic Death Benefit whereby the
surviving spouse can elect a monthly allowance equal to the amount the member would
receive if he/she had retired from service on the date of death and elected Optional
Settlement 2 (the highest monthly allowance a member can leave a spouse).
Section 5. EPMC.
The City will continue paying the employees 9% PERS contribution. This payment will
be reported to PERS as special compensation making the 9% "PERSable". The City
will continue to pay the employee’s PERS contribution through the end of the first pay
period in January 2010. On the first day of the next pay period employees shall resume
responsibility for paying the full employee PERS contribution and the City will
simultaneously increase base wage rates by nine and nine hundred eighty nine one
thousands percent (9.989%).
Section 6. 1959 Survivor Benefit.
The City will continue to provide the basic level of 1959 PERS Survivor Benefit to
eligible employees in accordance with Government Code section 21571.
ARTICLE XXlV - RETIREMENT MEDICAL PLAN
Section 1. Retiree medical coveraqe for Unit employees hired before January 1,
2004:
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 for employees that retire on or before December 31, 2006. Effective
January 1, 2007 for an employee retiring on or after that date the City will pay up to the
monthly medical premium for the 2nd most expensive plan among the existing array of
plans during the contract term. If PERS changes the plans it offers, the City and the
Union will meet and confer over the City continuing to provide an equivalent benefit at
an equivalent cost.
For 2006 calendar year, the City’s contribution toward dependent coverage is 65% of
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maximum employer contribution for active management and professional personnel and
the maximum employer contribution for "Employee Only" coverage. For 2007 the City’s
contribution will increase to 70%. This contribution for dependents will increase
annually by 5% of the difference between the single party premium and the two party or
family premium, until such time as the premium of the affected dependent(s) is fully
covered.
Section 2. Retiree medical coverage for Unit employees hired after January 1,
2004:
a) Twenty (20) year vesting in PERS system for the full retiree medical benefit specified
in the preceding paragraph, including a minimum of five (5) years with the City of
Palo Alto. Eligible employees to receive Fifty (50) percent of benefit after ten (10)
years; each additional service credit year after Ten (10) years will increase
employer credit by Five (5%) percent until Twenty (20) years is reached at which
time employee is eligible for One Hundred (100%) percent and Ninety (90%)
percent for dependents. Notwithstanding any other term of this section, the City of
Palo Alto’s health premium contribution for eligible post January 1, 2004 hires shall
not be less than the minimum contribution set by PERS under Government Code
Section 22893 based on a weighted average of available health plan premiums.
ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM (DCAP)
Section 1. DCAP. 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 remain in effect subject to a reasonable
minimum participation level and availability of third party administrative services at a
reasonable cost.
ARTICLE XXVl - VACATION ACCRUAL
Section 1. Accrual Rate. 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.
For employees completing less than four years continuous service, the accrual rate
shall be five duty shifts per year.
For employees completing four but not more than nine years continuous service, the
accrual rate shall be eight duty shifts per year.
For employees completing nine but not more than 14 years continuous service, the
accrual rate shall be 10 duty shifts per year.
For employees completing 14 but less than 19 years continuous service, the accrual
rate shall be 11 duty shifts per year.
e.For employees completing 19 or more years continuous service, the accrual rate
shall be 12 duty shifts per year.
Section 2. Unused At Termination. 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.
Section 3. Limits. 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. The bank is established
only to facilitate changeover from unlimited to three times annual accrual rate limitation
on vacation accrual as herein provided.
ARTICLE XXVll - USE OF VACATION
Section 1. Maximum Number of Slots. The maximum number of vacation scheduling
slots for representation unit suppression employees is four (4) per platoon on a year-
round basis.
Section 2. Approvals. 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 suppressisn 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 betaken 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.
Section 9. Cash out Option. Once each calendar year an employee may cash out
eight (8) or more hours of vacation accrual in excess of eighty (80) hours to a maximum
of one hundred twenty (120) hours; PROVIDED; that the employee has taken eighty
(80) hours of vacation off with pay in the previous twelve (12) months.
ARTICLE XXVIII - SICK LEAVE
Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of
actual personal sickness or disabili.ty, medical or dental treatment, or as authorized in
Section 9. Up to six (6) days (72 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. Eli.qibili~. 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.
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 Charqeable 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 forty-eight (48) hours personal business leave per year to sick leave,
and that all non-shift personnel shall have the right to charge up to twenty (20) 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 XII.
Section 10.
work-related
and the City
limited duty.
Return to Work or Continue Work With Limited Duty. In cases of non-
injury, illness or pregnancy an employee, upon approval of the Fire Chief
Safety Officer, may return to work or continue work with doctor-approved
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.
Section 11. Pilot Sick Leave Incentive Benefit. The parties adopt the following sick
leave incentive benefit for employees hired on or after January 1, 1984 that shall
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automatically terminate at the close of business June 30, 2010 unless the parties
otherwise agree in writing:
Plan Year. For purposes of this section, "Plan Year" means the period of July 1
through the following June 30 in which an eligible employee may elect and vest in an
incentive payment under this program, subject to the terms set forth in this section.
bo Minimum Accumulation Thresholds for Initial and Continued Eligibility. Sick
leave accumulation thresholds for determining eligibility to elect an incentive
payment under this program are as follows:
720 hours
792 hours
864 hours
936 hours
1000 hours
Co How Accumulation Thresholds Operate. An employee must have accumulated
at least seven hundred twenty (720) hours of unused sick leave at the beginning of
the Plan Year in which he or she desires to elect an initial incentive payment under
this program, if the employee’s unused hours as of July 1, 2006, or on July 1 of a
subsequent Plan Year if the employee has not previously elected and vested in an
initial incentive payment, the employee’s initial threshold shall be the highest
threshold his balance has met as of the beginning of that Plan year. Every time the
employee elects and vests in an incentive payment, his or her eligibility threshold
shall move to the next higher threshold specified in subsection b of this subsection.
However, if the employee does not timely elect an incentive payment while at an
accumulation threshold but accumulates enough sick leave to reach a higher
accumulation threshold by the beginning of the next Plan Year, his or her minimum
accumulation threshold shall be the higher threshold.
EXAMPLE 1: Employee Summers has 720 hours of sick leave accumulated as
of July 1, 2006. Summers files a timely election for an incentive payment and
meets all other requirements to qualify for the payment by the end of the plan
year, thus vesting in the right to that payment. Summers’ new minimum
accumulation eligibility threshold to elect an incentive payment is 792 hours.
Summers then uses enough sick leave that Summers’ unused sick leave balance
at the beginning of the next Plan Year is only 770 hours. Summers may not elect
an incentive payment because Summers does not meet Summers’ threshold of
792 hours.
EXAMPLE 2: Employee Summers has 850 hours of sick leave accumulated as
of July 1, 2006. Summers’ initial threshold is 792 hours. If Summers elects and
vests in an incentive payment for that year, Summers’ new threshold will be 864
hours in the next Plan Year. If Summers works and does not use sick leave in
the next Plan Year and does not elect an incentive payment in the Plan Year,
Summers’ accumulation balance at the beginning of the next Plan year will be
994 hours and his or her minimum eligibility threshold will be 936 hours. If
Summers then uses 400 hours of sick leave, Summers’ threshold remains 936
hours until Summers has elected and vested in an incentive payment at that level
or reached the 1000 hour level at the commencement of a Plan Year.
Election Right - Amount of Payment. An employee who has met his or her
applicable minimum accumulation threshold for the Plan year may elect to request to
convert sick leave accumulated during that Plan Year into an incentive payment for
that plan year. Except as provided in subsections d and e below of this section, the
payment shall be calculated as of June 30 of the Plan Year using the following
formula, which reflects an incentive equal to 50% of the book value of unused sick
leave accrued in excess of 72 hours during the Plan Year:
nl (number of sick leave hours accrued during the Plan Year)
Minus n2 (number of sick leave hours used durinq the Plan Year)
Equals n3 (net hours accumulated during the Plan Year
Minus 72 (hours)
Equals
Multiplied by
Equals
Divided by
n4 (number of hours that may be converted to incentive pay)
n5 (employee’s base hourly wa.qe rate at end of Plan Year)
n6 (dollar value of convertible hours if paid at 100%)
2 (50% payment conversion factor)
Equals n7 (Gross incentive payment to the employee)
EXAMPLE: Employee Summers has 720 hours of unused sick leave as of the
beginning of the Plan Year. During the Plan Year Summers accrues 144 hours
of sick leave and uses 12 hours. Summers files a timely election to convert sick
leave to incentive pay in the Plan Year. Summers’ base hourly wage rate is $30
as of June 30 of the Plan Year. The formula for determining gross incentive pay
operates as follows:
144 (nl)
Minus 12 (n2)
Equals 132 (n3)
Minus 72
Equals 60 (n4)
Multiplied by $30 (n5)
Equals $1800 (n6)
Divided by 2
Equals $900 (n7 - Payment due to employee on payment date)
Special Modifications of Payment Calculation for 936 Hour Threshold.
To compensate for the effect of the 1000 hour sick leave accumulation ceiling, if the
employee’s threshold is 936 hours, he or she meets the threshold at the beginning of
the Plan Year, and elects to receive incentive pay, the formula set forth in subsection
c above of this subsection shall be modified so that the employee’s incentive
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payment is calculated as though he or she accrued one hundred forty-four (144)
hours of sick leave during the Plan Year, less any accumulation that would not have
occurred due to an unpaid leave of absence during the Plan Year.
Incentive for Employees meeting 1000 Hour Threshold. If the employee’s
threshold at the beginning of the Plan year is 1000 hours, he or she shall
automatically accumulate one incentive pay unit in lieu of unused sick leave that
would otherwise cause the employee’s unused accumulation balance to exceed the
1000 hour sick leave accumulation ceiling. These units will accumulate during the
Plan Year. On the payment date, the employee shall be paid for each incentive pay
unit accumulated during the Plan Year at fifty percent (50%) of the employee’s base
hourly wage rate as of June 30 of the Plan Year. The crediting of incentive pay units
under this subsection is automatic and will occur when the conditions for crediting
have been met. Similarly, the payment for accumulated incentive pay units is
automatic on the payment date. No election is required for either event. The
Payment provided under this subsection is the only incentive payment to which an
employee with a 1000 hour threshold may receive incentive pay..The terms of
subsections c and d of this section shall not apply to such employees.
EXAMPLE: Summers starts the Plan Year with 1000 hours on the books. In the
first month, Summers does not use sick leave, and will accumulate twelve
incentive pay units. The next month Summers uses twenty-four hours of sick
leave and accumulates twelve hours of sick leave. Summers does not
accumulate incentive pay units in this month. In the next month, Summers does
not use sick leave and accumulates twelve hours. Because Summers’
accumulation balance only reaches the 1000 hour threshold this month,
Summers does not accumulate incentive pay units. In the fourth month,
Summers does not use sick leave. Therefore Summers accumulates another
twelve incentive pay units. On the payment date, Summers’ accumulated
incentive pay units at the end of the Plan Year are paid Off at fifty percent (50%)
of Summers’ base hourly wage rate as of June 30 of the Plan Year. Thus, if
Summers has 48 incentive pay units by the end of the Plan Year, Summers will
be paid a total incentive payment that equals 24 hours of straight time base
hourly wages for those units (48 x 50% of rate).
Effect of Payment of Incentive Pay for Sick Leave Hours and Incentive Pay
Units. Sick leave hours converted to incentive pay and paid at a threshold below
1000 hours, or incentive pay units paid pursuant to this section at the 1000 hour
threshold are rendered null and void and are removed from an employee’s sick
leave or incentive unit account, whichever applies.
Pay Date. The pay date for payment of incentive payments under this section shall
be no later than August 31 of the fiscal year following the Plan Year in which the
payment vested. Notwithstanding the termination date of this program (6/30/10), the
payments that vest under this section in the Plan Year ending 6/30/10 shall
nonetheless be paid to the applicable employees by August 31,2010.
Election Procedures and Timetable. Except as provided in subsection e above of
this subsection, an employee who meets his or her threshold as of the beginning of
the Plan Year who desires to convert sick leave to receive incentive pay shall
complete and deliver to the Payroll Processing Section of the Accounting Division of
the City’s Administrative Services Department an election form designed and
provided by the City during March of that Plan Year. An incomplete or untimely form
shall be deemed invalid and have no effect.
ARTICLE XXlX - 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 XXX -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
u~=,y,,at~ Lu u,s~;uss ,~s~ner status of medicai 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 XXXl - 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 XXXll- 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 and/or 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. Accrued Vacation Credits. 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.
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 Manaqer. 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 XXXlll - LEAVES OF ABSENCE WITH PAY
Section 1. City Manaqer Granted Leaves. 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.
Section 2. Council Granted Leave. 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,
25
sister-in-law, mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother,
grandmother-imlaw, uncle, aunt, registered domestic partner, or a close relative residing
in the household 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 XXXlV -VOLUNTEER LEAVE PROGRAI~/I
The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide
members of Local 1319 International Association of Fire Fighters (IAFF) employees the
opportunity to donate their accrued vacation time to assist fellow members of IAFF
either due to: (a) an employee’s own verifiable non-industrial catastrophic illness or
injury (as defined herein) or (b) in order to care for a member of the employee’s
immediate family (spouse, child, parent or registered domestic partner suffering from a
verifiable catastrophic illness or injury) and have exhausted or will presently exhaust all
of their paid leave.
In order to be eligible to receive donated leave, an employee must have a catastrophic
illness or injury or an employee’s immediate family member must have a catastrophic
illness .or injury that requires the employee to provide full-time care for this family
member. Care will be taken to emphasize the voluntary nature of the plan and to insure
confidentiality of employee participants and medical conditions (where applicable).
A Firefighter Voluntary Leave Sharing Program has been established to accept
donations of vacation in accordance with the Program’s guidelines. All donations shall
be:
1.Voluntary
2.Irrevocable
3.Confidential, unless disclosure is required by law
4.In whole hour increments of at least four (4) hours, with the hours donated being
converted to donee hours based on the donee’s salary rate (so that there will be
no cost to the City due to salary differential).
5. The employee shall be required to exhaust all other types of leave to request
donated leave
6. It is understood that employees seeking or receiving leave under this program
will apply for long-term disability benefits for which they may be eligible
7. Where any of the period during which an employee receives donated leave is
designated as family leave under the California Family Rights Act (CFRA/Family
Medical Leave Act (FMLA), the employee will be eligible for continuation of
medical and other available benefits during that the family leave period (for up to
12 weeks), in accordance with the requirements of those laws. If the employee
receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or
after the employee has exhausted the available CFRA/FMLA leave period, the
employee will need to pay the premiums for continued medical and other
available benefits if the employee chooses to continue such coverages through
the City
8. If the donation request is based on the need for an employee to care for an
immediate family member, as defined above, the family member must require
full-time care by the employee. Certification of this requirement by a health care
professional is required
9,The maximum donated time a donee may receive is 12 months (if available).
10.Applications to donate leave or receive leave under this Program are made to the
Human Resources Department
11. This is a pilot program and is subject to cancellation by either party
IAFF members interested in donating leave or in applying to receive donated leave shall
complete forms provided by the Human Resources Department. If an applicant for
leave is found to meet the criteria set forth herein, Human Resources will determine the
availability of and (as applicable) allocation of donated paid leave. Payroll will be
notified in writing of the number of hours to be deducted from each donating employee’s
vacation balance and transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Injury (also referred to as "medical emergency" in Revenue
Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non-
occupational medical condition of an employee that will require the prolonged absence
of the employee from duty and which will result in a substantial loss of income to the
employee because the employee will have exhausted all paid leave available apart from
the Voluntary Employee Leave sharing Program. Non-disability postpartum leave as
referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury
under this Policy.
ARTICLE XXXV- TUITION REIMBURSEMENT
Section 1. Options.
Effective July 1, 2004 the tuition reimbursement program was amended to provide each
employee the option of receiving the $1,000 as taxable cash or as a contribution to
deferred compensation. This selection shall be made each May to be effective
throughout the following fiscal year. Once the election is made for the fiscal year, it is
irrevocable.
ARTICLE XXXVl - PER DIEM TRAVEL EXPENSES
Section 1. City Business. 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 $48.00.
Section 2. Non-Food House Items. The City agrees to furnish and maintain each fire
station with non-food house fund items: TV purchase and repair, the San Jose Mercury
News~ and the San Francisco Chronicle to be selected on an annual basis. Kitchen
cooking utensils, . small kitchen appliances and other specific items to be determined by
mutual agreement of the parties will be pu’rchased from the station house fund. The
Fire Fighters agree to maintain the voter registration program.
ARTICLE XXXVlII - PARKING
Section 1. Entitlements. 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. 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 XXXIX- 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.
28
o 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.
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 Union shall deliver a
copy of a written grievance to the Human Resources Department Director on the
same date that it is first filed with another City representative under the provisions of
the below grievance procedure.
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.
If a grievance is related to a promotional process to positions within the
representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal
for FPB positions).
Step I. 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 therefore.
Step III. If the grievance is not resolved in Step II, it may be submitted in writing to
the Fire Chief within 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 therefore.
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 III. 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:
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. Committee A Safety Committee comprised of four representation unit
members appointed by the Union, and at least two members of Management, will
continue to meet. The Committee may make safety recommendations to the Fire Chief
regarding equipment, vehicles and apparatus and may review all accidents involving
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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 each
July These T-shirts are for use on duty only and will be maintained by the employee.
Section 2. Removal of Disciplinary Actions. 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. Full and Entire Understandinq,, 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. 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.
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 pa~t 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.
Section 4. Good Faith. It isthe 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 Requlations. 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. Station Consolidation or Relocation. 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. Meet and Confer. 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 XLII - DURATION
This Memorandum of Agreement shall become effective July 1, 2006 and remain
effective until June 30, 20010.
EXECUTED:
FOR:
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
-’MT
ike Espel )erator Paramedic EMT
;hum, Inspector EMT
~rris, Captain ~MT
Tanya August Firefighter EMT
FOR:~
CITY OF PALO ALTO
Frank Benest, City Manager
Russ Carlse"--h, Human Resources Director
David Ramberg, Mgr Budget Admin Svcs
Nick Marinaro, Chief of Fire Department
Dan Lindsey, Deputy Chief PAFD
Helen Del Grosso, Mgr, Employee Relations
Sandra Blanch, Mgr, Risk & Benefits
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