HomeMy WebLinkAboutStaff Report 370-08City of Palo Alto
C .ty Manager’s Report
TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:SEPTEMBER 15, 2008 CMR: 370:08
SUBJECT:ADOPTION OF TWO RESOLUTIONS:1)AMENDING
SECTION 1801 OF THE MERIT SYSTEMRULES AND
REGULATIONS TO INCORPORATE THE2006 2010
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
PALO ALTO AND THE PALO ALTO FIRE CHIEFS’
ASSOCIATION AND 2) ADOPTING A COMPENSATION PLAN
FOR FIRE CHIEFS’ ASSOCIATION PERSONNEL AND
RESCINDING RESOLUTION NO. 8511
RECOMMMENDATION
Staff recommends the City Council adopt the attached resolutions amending Section 1801 of
the Merit System Rules and Regulations to incorporate the attached Memorandum of
Agreement between the City of Palo Alto and the Fire Chiefs’ Association (FCA) and
adopting a Compensation Plan for FCA management personnel.
BACKGROUND
A two-year Memorandum of Agreement with the Fire Chiefs’ Association management
personnel expired June 30, 2006. Negotiations for a successor agreement began in January
2007, once negotiations with the International Association of Firefighters, Local 1319 had
concluded. The Fire Chiefs’ Association includes three Battalion Chiefs and one Emergency
Medical Services Coordinator (non-sworn).
Under State law, the City of Palo Alto is required to bargain in good faith and cannot
unilaterally make contract decisions for represented employee groups. Actions that do not
comply with those requirements may be subject to review by the California Public Employee
Relations Board (PERB).
CMR: 370:08 Page 1 of 5
The City management and the Fire Chiefs’ Association negotiation teams met in good faith
over the first five months of 2007. By the end of June 2007, however, negotiations stalled
due to disagreement over wages and overtime pay. The Fire Chiefs’ Association filed notice
to move negotiations to mediation. A state mediator was selected and mediation meetings
commenced in August 2007. Finally, after several mediation sessions, a tentative
agreement for a four-year agreement consistent with Council authorization was reached in
April 2008. The tentative agreement has been ratified by the Fire Chiefs’ Association
membership.
DISCUSSION
Key provisions of the proposed agreement with Fire Chiefs’ Association include:
Salar,2
Effective with the pay period including July 1, 2006, a four percent (4%) increase
will be applied to the control point of all represented classes.
Effective with the pay period including July 1, 2007, a three percent (3%) increase
will be applied to the control point of all represented classes.
Effective January 1, 2008, the City shall add twelve thousand dollars ($12,000) to
the annual base rate of 56-hour Battalion Chiefs ($4.12) per hour based on a 2912
hour work year. (The twelve thousand dollars is based on the minimum amount of
overtime paid on an annual basis to each Battalion Chief.)
Effective with the pay period including January 1, 2008, a three percent (3%)
increase will be applied to the control point of all represented classes.
Effective with the pay period including July 1, 2009, a four percent (4%) increase
will be applied to the control point of all represented classes.
Elimination of overtime pay/implementation of Management Annual Leave
In the City Auditor’s Overtime Expenditure Report, a recommendation included the
reduction of overtime. Effective July 1, 2008, shift Battalion Chiefs will now receive
eighty (80) hours of management leave in-lieu of overtime unless they work over four
(4) "overtime" shifts per fiscal year with the agreement that they will not receive
overtime for additional shifts required in a major in-county emergency. (In the
previous Memorandum of Agreement, the shift Battalion Chiefs (56-hour work week)
were entitled to receive overtime but not management annual leave.)
CMR: 370:08 Page 2 of 5
Out of County Strike Team pay
The City will pay an employee sent on out of County strike team duty a flat twelve
hundred dollar ($1200) wage payment beyond the employee’s normal salary for each
twenty-four (24) hour shift of such duty during non-regular work hours if the City
receives reimbursement from the state or federal government.
Healthcare Cost Containment
The City will reduce the maximum payment for medical premiums from the highest
health plan (PERSCare) to the second highest (currently Blue Shield HMO) for all
future retirees. The elimination of the PERSCare option for current employees (hired
prior to 2004) who retire will significantly reduce healthcare premium costs of these
future retirees.
During the term of this agreement, if the Public Employees Medical and Hospital Care
Act (PEMHCA) no longer offers the PORAC health plan, the City agrees to
reimburse or provide insurance to an employee for documented medical expenses
incurred that exceed two million dollars ($2 million) lifetime maximum, if any,
provided that such expense would have otherwise been covered and paid by the health
plan.
Retirement
Effective pay period inclusive of January 6, 2007, the retirement benefit changed to
the 2.7% at 55 formula for the non-sworn represented employee in the Fire Chiefs’
Association, along with all other City miscellaneous employees. Beginning June 30,
2010, the City shall pay six percent (6%) and the employee shall pay two percent (2%)
of the eight percent (8%) CalPERS employee contribution for the 2.7% at 55
retirement benefit formula.
Other provisions of the agreement include: a dental plan improvement that makes the plan
consistent with benefits received by other employee groups; inclusion of leave procedures
consistent with existing Merit Rules; changes to bereavement leave and voluntary
catastrophic leave program consistent with leaves already offered to other employee groups;
and other non-economic language provisions.
RESOURCE IMPACT
The 4 percent salary increase on July 1, 2006 results in an annual incremental increase
of $34,000 in salaries and benefits. These costs were included in the 2008-09 budget
as part of the 2007-08 reappropriation process.
CMR: 370:08 Page 3 of 5
2.The 3 percent salary increase on July 1, 2007 results in an annual incremental increase
of $39,000. These costs were included in the 2008-09 budget as part of the 2007-08
reappropriation process.
3.The 3 percent salary increase on July 1, 2008 combined with the 56-hour Battalion
Chiefs base pay increase on January 1,2008 results in an annual incremental increase
of $46,000 in salaries and benefits. These costs were included in the 2008-09 budget
as part of the 2007-08 reappropriation process.
4.The 4 percent salary increase on July 1, 2008 results in an annual incremental increase
of $38,000. The increases in 2009-10 will be incorporated in the 2009-10 budget
process if Council approves this agreement.
POLICY IMPLICATIONS
This report does not represent any change to existing City policies.
ENVIRONMENTAL REVIEW
This is not a project for purposes of the California Environmental Quality Act.
ATTACHMENTS
A.Resolution Adopting a Compensation Plan for Fire Chiefs’ Association Personnel and
Rescinding Resolutions Nos.’ 8511
B,Resolution Amending Chapter 18 of the Merit System Rules and Regulations to
Incorporate the 2006-2010 Fire Chiefs’ Association Compensation Nan
C. Redline Memorandum of Agreement for Fire Chiefs’ Association Employees
D. Redline Compensation Plan for Fire Chiefs’ Association Employees
PREPARED BY: Sandra T.R, Blanch, Assistant Director, Human Resources
CMR: 370:08 Page 4 of 5
DEPARTMENT HEAD REVIEW:~
RUSS CARLSEN
Director of Human Resources
CITY MANAGER APPROVAL:
City ~ffager
CMR: 370:08 Page 5 of 5
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR FIRE CHIEFS’
ASSOCIATION PERSONNEL AND RESCINDING RESOLUTION
NO. 8511
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to the provisions of Section 12 of Article IIl of the
Charter of the City of Palo Alto, the Fire Chief’s Association Compensation Plan, as set forth in
Exhibit "A" attached hereto and made a part hereof by reference, is hereby adopted for Fire
Chiefs’ Association Personnel effective retroactively to the pay period including July 1, 2006
through June 30, 2010.
SECTION 2. The Compensation Plan as adopted shall be administered by the
City Manager in accordance with the Merit System Rules and Regulations.
SECTION 3.
revoked by the Council.
The. Compensation Plan shall continue in effect until amended or
SECTION 4. The Director of Administrative Services hereby is authorized to
implement the Compensation Plan adopted herein in his preparation of forthcoming payrolls.
SECTION 5.Resolution No. 8511 is hereby rescinded.
SECTION 6. The Council finds that this IS not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
September 15, 2008
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Deputy City Attorney City Manager
Director of Administrative Services
0809lOmb 8260870
Director of Human Resources
CITY OF PALO ALTO
COMPENSATION PLAN
Fire Chiefs’ Association
~ement Personnel
Effective:Pay period including July 1, 2006
through June 30, 20010
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Fire Chiefs Association Manaqement Personnel
SECTION I. COMPENSATION
This section applies to all regular Fire Chief Association management classifications
including Battalion Chief, Emergency Medical Services Chief, and Emergency Medical
Services Coordinator.
A.Manaqement Compensation Policy
The City’s policy for Management Compensation is to establish and maintain a
general structure based on marketplace norms and internal lob alignment with broad
compensation grades and ranges. Structures and ranges will be reviewed annually
and updated as necessary based on marketplace survey data, internal relationships,
and City financial conditions.
Individual compensation adjustments will be considered by the City Manager.based
on (1) performance factors including achievement of predetermined objectives; (2)
pay structure adjustments; and (3) City financial conditions.
B.Basic Plan Elements
Structure. The compensation plan includes a pay grade structure for each
classification. Each classification assigned to a pay grade will receive compensation
which is no less than 25% below the control point and no more than 20% above the
control point. Actual salary within the range is determined by performance. The
normal working range where most actual salaries will fall will be within + 5% of the
control point.
As needed, the entire pay grade structure may be adjusted or individual
classifications may be reassigned to different pay grades. Such adjustments will only
affect the salary administration framework. No individual salaries will be
automatically changed because of structural adjustments.
Fixed and Variable Compensation. Management compensation includes fixed bi-
weekly salary and Variable Management Compensation (VMC). Fixed bi-weekly
salary is paid on a continuing basis. Variable Management Compensation is an
annual cash award in an amount notto exceed 20% of the position control point. On
a fiscal year basis, the sum of both compensation components must fall within pay
grade limits of no less than 25% below the control point and no more than 20% above
the control point.
Fixed salary increases may be earned in accordance with administrative guidelines
based on growth within the position and performance which meets or exceeds
position standards. In addition, employees may earn Variable Management
Compensation by meeting or exceeding objectives established under the annual
performance planning and appraisal system. Variable Management Compensation
requalification is necessary for each appraisal period.
Compensation Adiustment Authorization. Each year the City Manager will propose
for Council approval a compensation adjustment authorization which will include
amounts sufficient to implement base pay increases and Variable Management
Compensation.
Salary Range Adjustments.
a.Effective with pay period including July 1,2006, a 4% increase will be applied to
the control point of all represented classes.
b.Effective with pay period including July 1,2007, a 3% increase will be applied to
the control point of all represented classes.
Effective January 1,2008, the City shall add twelve thousand dollars ($12,000)
to the annual base rate of 56-hour Battalion Chiefs ($4.12) per hour based on a
2912 hour work year.
do Effective with pay period including January 1, 2008, a three percent (3%)
increase will be applied to the control point of all represented classes after
application of the increase set out in subsection (c) of this section.
e.Effective with pay period including July 1,2009, a four percent (4%) increase will
be applied to the control point of all represented classes.
Compression Between Battalion Chief and Captain
During the term of this agreement a 16% differential will be maintained between
E-step Captain and Battalion Chief 56-hour workweek control point.
40-hour shift workweek differential
Employees assigned to a 40-hour workweek schedule will be paid a differential of
five percent (5%) of base salary in-lieu of holiday pay differential which 56-hour shift
Battalion Chiefs receive.
Out of County Strike Team Pay
The City will pay an employee sent on out of County strike team duty a flat twelve
hundred dollars ($1200)wage payment beyond the employee’s normal salary for
twenty-four hour shift of such duty per non-regular work hours if the City receives
reimbursement from the state or federal government for the labor costs incurred by
the City for such expenses. Payment for partial shifts on such duty shall be prorated.
For 40-hour shift Battalion Chief payment for non-regularwork hours will be prorated.
A Personnel Action Form will be completed in a timely manner to process this
payment.
Co
Performance Plannin.q and Appraisal
Performance planning and appraisal will be conducted at least annually by the Fire
Chief prior to reviewing individual employee fixed and variable compensation. This
process includes both review of previous performance plan and preparation of the
performance plan for the next planning period (usually the fiscal year). Performance
plans are jointly prepared by the employee and supervisor with the concurrence of
the Fire Chief. The performance plans shall contain measurable objectives which
place special emphasis on position description duties or specific assignments.
Progress toward meeting objectives shall be monitored periodically. At the conclusion
of the fiscal year (or review period), supervisors shall make a final determination of
general performance and performance plan achievement. Such determinations and
recommendations shall be forwarded to the Fire Chief who will then determine
individual fixed and variable compensation adjustments according to the provisions of
the compensation plan.
Mana.qement Compensation Adjustment Authorization
The City Manager is authorized to pay salaries in accordance with this plan to
management employees in an amount not to exceed the aggregate of approved
positions budgeted at the control points indicated in the attached Table. In
addition, for each fiscal year the City Manager is authorized up to 3% of the
management salary and benefit budget for the fiscal year, plus unused Variable
Management Compensation funds from the previous fiscal year to apply toward
Variable Management Compensation for individual management employees
who qualify-under the provisions of this Compensation Plan.
Individual management fixed and variable compensation authorized by the City
Manager under this Compensation Plan may not be less than 25% below nor
more than 20% above the control point for the individual position grades
authorized in the Tab of this plan.
The City Manager is authorized to establish such administrative rules as are
necessary to implement this Compensation Plan subject to the limitations of the
4
approved compensation adjustment authorization and the approved grade and
control point structure.
In the event a downward adjustment of a position grade assignment 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 grade limit for a reasonable period of time.
Such interim salary rates shall be defined as "Y-rates."
SECTION II. SPECIAL COMPENSATION
This section applies to covered classifications as specifically indicated. Eligibility shall be in
conformance with the Merit Rules and Regulations and Administrative Directives issued by
the City Manager for the purposes of clarification and interpretation.
A.Overtime
Through December 31, 2007, employees in the FLSA exempt Battalion Chief
classifications will be paid overtime at the rate of time and one-half for hours
authorized and worked in excess of the work week schedule (56 hours). Shift
personnel assigned to overtime relief duty shall receive overtime compensation at a
rate of one and one-half times the employee’s basic 56-hour rate for all hours of the
relief duty shift. Required off-duty training will be compensated at the rate of one and
one-half times the basic 40-hour rate, and emergency callback will be compensated
at the rate of one and one-half times the basic 40-hour rate to a maximum of eight
hours, and at a rate of one and one-half times the basic 56-hour rate for those hours
in excess of eight hours. All overtime hours must be pre-authorized by the Fire Chief
or designee.
Effective January 1,2008 employees in FLSA exem pt positions as determined by the
City in accordance with the FLSA, including but not limited to Battalion chiefs, are
salaried employees and will not be eligible for overtime pay. Non-FLSA exempt
personnel shall receive overtime compensation at the rate of one and one-half (1½)
times the employee’s regular hourly rate of pay for all hours worked in excess of forty
(40) hours in a workweek. All overtime hours must be pre-authorized by the Fire
Chief or designee.
Effective July 1, 2008 an individual Battalion Chief shall not in any fiscal year be
required to work more than four (4) shifts to fill a shift vacancy (arising due to another
Battalion Chief’s absence or termination) that would have been compensated with
overtime under the overtime provisions in effect prior to July 1,2008. However, this
limitation shall not apply in the event of a major emergency (e.g. earthquake, major
conflagration, weather disaster, etc.), nor shall it apply to required attendance of staff
meetings, strike team meetings, training, or other such incidental non-shift activities.
The City may, at its discretion, assign and work a Fire Captain as a Battalion Chief to
temporarily fill a vacant Battalion Chief position or to backfill behind an incumbent
Battalion Chief on leave, or to perform duties that would otherwise involve a call-back
of a Battalion Chief.
B. Holidays
56-Hour Work Week Assignments
149.5 hour 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 biweekly amount of
5.75 holiday hours. Holiday hours are prorated and accrued based on hours actually
worked. If employees elect to be paid for these holiday hours at any time before the
scheduled payoff they must have sufficient hours in their holiday account and must
complete the Cash-out Request Form.
Accrued holiday balances of shift employees will be automatically paid off in the
months of June and December.
40-hour Work Week Assignments
Employees assigned to a 40-hour workweek schedule will receive paid holidays in
accordance with Sections 517 and 518 of the Merit System Rules and Regulations.
The Emergency Medical Services Coordinator who works a schedule where a holiday
falls on a regular day off, may, with supervisory approval, take another day off within
the pay period or the following pay period.
C.EMT Differential
Represented classifications who maintain EMT certification will receive a 3%
differential in addition to their base salary.
D.Uniform Purchase Plan
Uniforms including cleaning will be provided with replacement provisions on an as-
needed basis in conformance with department policy.
Group Insurance
For newly-hired regular employees coverage begins on the first day of the month
following date of hire for the health plan, dental plan, vision care plan, life insurance
and long term disability plans if these benefits are elected.
1. Health Plan
a)Benefits will be provided in accordance with provisions of the California
Public Employees Retirement System (CalPERS) Public Employers
Medical and Health Act (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
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 CalPERS 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.
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
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.
b) Active Employee Domestic Partners
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, are eligible for reimbursement of the actual monthly
premium cost of an individual health plan, not to exceed the individual PORAC
PPO monthly premium. 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, 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 CalPERS.
The rates for 2006 are as follows:
One Party:$205.00
Two Party:$410.00
Family:$530.00
The rates for
One Party:
Two Party:
Family:
2007 are as ~llows:
$230.00
$460.00
$595.00
The rates for
One Party:
Two Party:
Family:
2008 are as ~llows:
$25O.OO
$500.00 .
$645.00
The rates for
One Party:
Two Party:
Family:
2009 are as ~llows:
$260.00
$520.00
$673.00
The Alternative Medical Benefit Program rates for subsequent years covered
by this agreement will be determined when CalPERS formally announces the
health plan rates applicable for the year in which they are to apply.
d) Retiree Medical Provisions
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 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 CalPERS 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 the 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 employer contribution for "Employee Only"
coverage. For 2007 the City’s contribution was 70%. For 2008, the City’s
contribution increased to 75%. This contribution for dependents will increase
annual 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.
Retiree Medical coveraqe for Unit employees hired after January 1,2004 shall
be modified as follows:
Twenty (20) year vesting in CalPERS 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.
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 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.
2. Dental Plan
a)The City shall pay covered plan charges on behalf of all eligible employees and
dependents. Domestic partners are considered dependents, as defined in this
article. Benefits for regular part-time employees will be prorated as follows:
Employees who will work less than ful time, will receive prorated premium costs
for dental benefits in accordance with his/her percentage of a full-time work
schedule. Part-time employees currently receiving full benefits will not be
impacted.
b)The City’s Dental Plan provides the following: maximum benefits per
calendar year shall be $2000 for representation unit employees and their
dependents; fifty percent (50%) of reasonable charges, fifteen hundred dollars
($1500 )lifetime maximum orthodontic benefit, except that effective January 1,
2007 the dental program shall be amended to increase the lifetime maximum
for orthodontics to two thousand dollars ($2,000) and allow for coverage of
composite (tooth colored) fillings for posterior teeth.
a. Basic Benefits (All other covered services)
First Calendar Year of Eligibility
Second Calendar Year of Eligibility
Third Calendar Year of Eligibility
Fourth Calendar Year of Eligibility
70% UCR*
80% UCR*
9O% UCR*
100% UCR*
*Usual, Customary, and Reasonable
**Not included in annual dental maximum
If the employee and eligible dependents have used the Plan at least once
during the preceding calendar year, the percentage reimbursed by the Plan
increases to 80%, 90% or 100% respectively during the second, third and
subsequent calendar years of eligibility for basic benefits. If the employee and
eligible dependents lose eligibility, basic benefits will be reinstated at 70 percent
if.you again become eligible for the Plan.
3. Basic Life Insurance
The City shall provide a basic life and AD & D insurance plan in an amount equal
to the employee’s annual basic compensation (rounded to the next highest
$1,000).
4. Supplemental Life Insurance
An employee may, at his/her cost, purchase additional life insurance and
additional AD&D coverage. The total amount of life insurance available to the
employee is $325,000 and the total amount of AD&D coverage available is
$325,000.
]0
5. Lon.q Term Disability Insurance
In lieu of providing long-term disability insurance program to eligible
employees, the City shall add $40.00 per month to the base salary of eligible
employees. This $40.00 per month shall not be calculated into the labor market
salary comparison.
6. Vision Care
a) The City shall provide vision care coverage for employee and dependents.
Coverage is equivalent to the $20 deductible Vision Services Plan A.
b)Dependents will include domestic partners, as defined under Section E. 1.
b). Active Employee Domestic Partners.
7. Employee Assistance Plan
The Employee Assistance Plan (EAP) provides employees with confidential
personal counseling, work and family related issues, eldercare, substance
abuse, etc. In addition, EAP programs provide a valuable tool for supervisors to
refer troubled employees to professional outside help. This service staffed by
experienced clinicians is available to employees and their dependents by Calling
a toll-free phone line 24 hours a day, seven days a week. Guidance is also
available online.
F.Manaqement Benefit Proqram
Specified amounts under this program will be applied on a pro rata basis for
employees who are part time or in a management pay status for less than the full
fiscal year. Such benefits will be prorated in the first year of employment (based on
hire date) and in the year an employee terminates employment (based on termination
date).
1.Professional Development - Reimbursement
Effective July 1, 2004, the Professional Development program was hereby
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 fisca year (except
for the 2004 fiscal year, it shall be made within 30 days following ratification of
this agreement). Once the election is made for the fiscal year, it is irrevocable.
Reimbursement for authorized self-improvement activities is granted to each
represented employee up to a maximum of $500 per fiscal year. Entitlement
under this provision will be reduced on a prorated basis for part-time status or
according to the number of months in paid status during the fiscal year. The
following items are eligible for reimbursement:
a.Civic and professional association memberships
b.Conference participation and travel expenses
Educational programs/tuition reimbursement. The education must maintain
or improve the employee’s skills in performing his or her job, or be
necessary to meet the express requirements of the City or the
requirements of applicable law. The education to which the reimbursement
relates must not be part of a program qualifying the employees for another
trade or business; or be necessary to meet the minimum educational
requirements for qualification for employment. Permissible educational
expenses are refresher courses, courses dealing with current
developments, academic or vocational courses, as well as the travel
expenses associated with the courses.
d.Professional and trade journal subscriptions.
Subject to Internal Revenue Service regulations and with the written
prescription of a medical doctor, an employee may be reimbursed for a
personal health program as treatment for a diagnosed injury or illness.
Purchase of job related computer software and hardware, internet access,
Telecommunications equipment and home office equipment/furniture.
Reimbursement for any of these expenses is taxable to the employee.
2. Professional Development Leave
Authorized paid leaves of absence for up to one year will be granted in
accordance with the following requirements:
a.Eligibility is subject to a minimum City service requirement of five years.
b.Compensation during the Professional Development Leave shall not
exceed 50% salary and full benefits.
When granted a Professional Development Leave shall require an
employee commitment of at least two-year service following return from the
Leave. To the extent the full two-year commitment is not fulfilled, the
employee shall re-pay the City a pro rata amount of the salary paid during
the Leave based on the percentage of the two-year commitment not
fulfilled.
d.The Professional Development Leave program shall relate to the
employee’s job assignment.
e.An employee’s job assignment activity shall be adequately covered during
his/her absence with emphasis on the development of subordinates.
The leave of absence period shall be adequately coordinated with
departmental priorities and workload.
Professional Development Leaves shall be based on internship exchanges,
and/or loaned executive arrangements; scholastic and!or authorship
programs; or educational travel-study plans.
Leave of absence schedules will be apportioned among al levels of
management employees and will be based on an evaluation of each
maximum of one year and not more than two employees being on leave
simultaneously. Sabbatical leaves must be cleared in advance and
approved by the City Manager for his/her subordinates. Professional
Development Leaves granted in excess of 30 days shall be noticed to the
Council.
3. Personal Health Proqram - Physical Fitness
a) Physical fitness medical examinations for all represented employees will be
provided in accordance with Fire Department Physical Fitness Program
General Order.
4. Excess Benefit Reimbursement
Effective January 2007, the benefit provided by this Article is designed to meet
the requirements of Section 125 of the Internal Revenue Code. Every calendar
year, each employee will be provided with $2,500 that they can designate
among the following options:
a) Medical Flexible Spending Account (Medical FSA)
Provides reimbursement for excess medical/dental/vision, or expenses that
are incurred by employees and their dependents which are not covered or
reimbursed by any other source, including existing City-sponsored plans.
This includes prescribed medications and co-payments as well as over-the-
counter drugs, including: antacids, allergy medicines, pain relievers and cold
medicines. However, nonprescription dietary supplements (e.g. vitamins,
etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used
for cosmetic purposes (e.g. Rogaine) are not acceptable.
b) Dependent Care Flexible Spending Account (Dependent Care FSA)
Provides reimbursement for qualified dependent care expenses under the
City’s Dependent Care Assistance Program (DCAP), subject to the following
limits: Dependent care expenses will be reimbursed only to the extent that
the amount of such expenses reimbursed under this Management Benefit
Program, when added to the amount (if any) of annual dependent care
expenses that the participant has elected under the City’s Flexible Benefits
Plan, do not exceed the maximum permitted under the DCAP.
1) The annual amount submitted for reimbursement cannot exceed the
income of the lower-paid spouse.
2)The expenses must be employment-related expenses for the care of one
or more dependents who are under 13 years of age and entitled to a
dependent deduction under Internal Revenue Code section 151(e)or a
dependent who is physically or mentally incapable of caring for himself or
herself.
3)The payments cannot be made to a child under 19 years of age or to a
person claimed as a dependent.
4)If the services are provided by a dependent care center, the center must
comply with all state and local laws and must provide care for more than
six individuals (other than a resident of the facility).
14
5)Dependent care expenses not submitted under this section are eligible
under the City Dependent Care Assistance Plan (DCAP). However, the
maximum amount reimbursed under DCAP will be reduced by any
amount reimbursed under the Excess Benefit Plan.
c) Non-taxable Professional Development Spending Account
Provides reimbursement for Non-Taxable professional development
expenses (e.g., job-related training and education, seminars, training
manuals, etc.) to the extent they are not paid or reimbursed under any other
plan of the City.
d) Deferred Compensation
Provides a one-time contribution to the employee’s City-sponsored 457
Deferred Compensation plan with either ICMA-RE or the Hartford.
Amounts designated by employees to either the Medical FSA, Dependent
Care FSA, or Professional Development options are done so on a "use -it-
or-lose-it" basis. This means that any amounts designated and not used by
the end of the calendar year (or end of the extended grace period for the
medical FSA) will be forfeited by the employee and returned to the plan.
Specified amounts under this benefit will be applied on a pro-rata basis for
employees who are part-time or who are ~n a management or professional
pay status for less than the full fiscal year. Such benefits will be pro-rated in
the first year of employment (based on hire date) but will not be pro-rated
upon separation of employment.
Manaqement Annual Leave
Forty (40)-hour workweek employees not eligible for overtime shall be credited
at the beginning of each fiscal year with 80 hours of annual leave which may be
taken as paid time off, added to vacation accrual (subject to vacation accrual
limitations), taken as cash or taken as deferred compensation. Entitlement
under this provision will be reduced on a prorated basis for part-time status, or
according to the number of months in paid status during the fiscal year.
Unused balances as of the end of the fiscal year will be paid in cash unless a
different option as indicated above is elected by the employee.
56-Hour Work Week Assignment
Effective January 1,2008 and on each July 1 thereafter each Battalion Chief
who works a 56 hour workweek shall be credited with eighty (80) hours of
management leave. Management leave will be subject to the same terms,
policies and procedures as apply to forty (40) hour workweek employees
eligible for such leave as provided in section 1 above.
G.Commute Incentives and Parking
Employees who qualify may voluntarily elect one of the following commute
incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
locations. The City will provide a Civic Center Garage parking permit. New
employees hired after June 30, 1994 may initially receive a parking permit for another
downtown lot, subject to the availability of space at the Civic Center Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value of:
$40 for employees traveling two or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train or a
commuter highway vehicle;
$35 for employees traveling within one zones on Caltrain;
$35 for employees using VTA, and other buses.
These commuter checks may be used toward the purchase of transit pass.
Carpool. The City will provide $30 per month to each eligible employee in a carpool
with two or licensed drivers.
Vanpool Pilot Program. The City will provide Commuter Checks worth the value up
to $60 to each employee voluntarily participating in the Vanpool Pilot Program.
These may be used toward payment of the monthly cost of the vanpool. Employees
must fulfill the basic requirements of the Employee Commute Alternatives Program to
qualify.
Bicycle. The City will provide employees with $20 per month to eligible employees
who ride a bicycle to work.
Walk. The City will provide employees with $20 per month to eligible employees
who walk to work.
H.REIMBURSEMENT FOR RELOCATION EXPENSE
Policy Statement
The City of Palo Alto, in rare instances, may provide a Basic Relocation Benefits
Package for new management and professional employees, upon the approval of the
City Manager or designated subordinate. In addition, the provisions of "Optional
Benefits" or portions thereof, may be extended for exceptional circumstances and
only the approval of the City Manager or designee.
The details of the Relocation Expense program are specified in the City’s Relocation
Expense policy.
Retirement
1. Miscellaneous Member Pension Formula
Effective pay period inclusive of 1/6/07, the City’s California Public Employees’
Retirement System (CalPERS) benefits shall change to the 2.7% at 55 formula for
Miscellaneous members (from 2% at 55).
2. Employee Share of PERS Contribution
Effective May 1, 1984, the City agreed to pay the 7% employee contribution to
CalPERS on behalf of Miscellaneous CalPERS Plan members. Effective with the
pay period inclusive of 1/6/07, the City contribution was increased to cover the cost
of the 2.7 at 55 retirement formula. Beginning June 30, 2010, the City shall pay 6%
and the employee shall pay 2% of the 8% CalPERS employee contribution for the
2.7 at 55 retirement benefit formula. For sworn fire management employees the
City shall continue to pay the mandatory nine percent (9%) of the employee’s Safety
CalPERS Plan contribution.
3. Conversion to Pay Rate
Notwithstanding subsection 2 above, effective the pay period inclusive of 1/6/07,
upon filing a notice of retirement, the 6% City-paid CalPERS contribution (9% for
Safety fire management personnel) will be converted to a salary adjustment of equal
amount on a one-time irrevocable basis for the final compensation period which is
defined as the highest average compensation earnable (salary) during the year
immediately preceding retirement or any other designated consecutive year.
Employee CalPERS contributions shall be made on a tax deferred basis, in
accordance with Section 414(h)(2) of the Internal Revenue Code. All provisions of
this subsection are subject to and conditioned upon compliance with IRS
regulations.
Ko
4. Safety Member Pension Formula
As of October 20, 2001, the City provides the California Public Employees’
Retirement System (CalPERS) Benefit, known as the "3% at 50" full formula
(Section 21362.2) for safety members.
5. Status Determination
An employee’s membership in and designation as Safety or Miscellaneous for
CalPERS pension plan purposes shall be determined based on applicable
California law.
Sick Leave Conversion
Management employees hired on or before December 1, 1983 who have 15 or more
years of continuous service, 600 or more hours of accumulated unused sick leave
and otherwise qualify under Sections 604 and 609 of the Merit System Rules and
Regulations, may convert sick leave hours in excess of 600 to cash or deferred
compensation, according to the formula set forth in Section 609. The maximum
amount of such conversion is $2,000 per fiscal year.
Meal Allowance
Management employees assigned to attend night meetings are eligible to receive
reimbursement for up to $20.00 per dinner. This provision covers only receipted
meals actually taken and submitted for reimbursement.
Vacation
Employees assigned to a 40-hour workweek schedule will accrue vacation at the
following rate for continuous service performed in a pay status.
a.For employees completing less than four (4) years continuous service
the accrual rate shall be 80 hours per year.
b.For employees completing four (4), but less than (9) nine years continuous
service the accrual rate shall be one-hundred twenty (120) hours per year.
Co For employees completing nine (9), but less than fourteen (14) years
continuous service the accrual rate shall be one-hundred sixty (160) hours
per year.
do For employees completing fourteen (14), but less than nineteen (19) years
continuous service the accrual rate shall be one-hundred eighty (180) hours
leave per year.
e. For employees completing nineteen (19) or more years continuous service the
accrual rate shall be two-hundred (200) hours leave per year.
Employees assigned .to a 56-hour workweek schedule (24-hour shift) will accrue
vacation at the following rate for continuous service performed in a pay status.
a.For employees completing less than four (4) years continuous service, the
accrual rate shall be five (5) duty shifts per year.
Do For employees completing four (4), but less than nine (9) years
continuous service, the accrual rate shall be eight (8) duty shifts per
year.
c.For employees completing nine (9), but less than fourteen (14) years
continuous service, the accrual rate shall be ten (10) duty shifts per year.
d.For employees completing fourteen (14), but less than nineteen (19) years
continuous service, the accrual rate shall be eleven (11) duty shifts per year.
e.For employees completing nineteen (19) or more years continuous service, the
accrual rate shall be twelve (12) duty shifts per year.
Vacation Cash Out
Once each calendar year an employee may cash out eight (8) or more hours of
vacation accrual in excess of eighty (80) hours (or five (5) duty shifts), to a
maximum of eighty (80) hours (or five (5) duty shifts), provided that the
employee has taken eighty (80) hours of vacation off with pay in the
previous twelve (12) months.
N. OTHER PAID LEAVES
1. City Mana.qer 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.
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.
3. Employee’s Time Off to Vote
Time offwith 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.
4. Leaves of Absence; Death in Immediate Family
Leave of absence with pay of one shift for 56-hour shift employees 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 purpose# of this section as wife, husband, son, son-in-law,
daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-
law, mother-in-law, father-in-law, step-father, step-mother, step-sister, step-brother,
grandfather, grandfather-in-law, grandmother, grandmother-in-law, uncle, aunt,
niece,nephew, 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.
Employees assigned to a 40-hour work week are eligible for leave of absence
granted by the Chief with pay for three days in the event of death in the employee’s
immediate family which is defined above.
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.
6. 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.
2O
O.MISCELLANEOUS EMPLOYMENT-RELATED EXPENSES
1. Station House Fund
The Station House Fund per year per shift employee shall be $48.00.
2. Non-Food House Items
The City agrees to furnish and maintain each fire station with the following
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.
3. Per Diem Travel Expenses For 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.
2]
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1801 OF THE MERIT SYSTEM
RULES AND REGULATIONS TO INCORPORATE THE 2006-2010
MEMORANDUM OF AGREEMENT BETWEEN THECITY OF
PALO ALTO AND THE PALO ALTO FIRE CHIEFS’ ASSOCIATION
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Section 1801 of the Merit System Rules and Regulations is hereby
amended to read as follows:
"1801. Memorandum of agreement incorporated by reference.
That certain Memorandum of Agreement by and between the City of
Palo Alto and the Palo Alto Fire Chiefs’ Association, consisting of
Preamble and Articles I through XXVII, for a term commencing July 1,
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 of Agreement shall apply to all
employees in classifications represented by said Palo Alto Fire Chiefs’
Association, 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 in classifications covered by said
Compensation Plan."
SECTION 2. The changes to the Merit System Rules and Regulations 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.
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: September 15, 2008
AYES:
NOES:
ABSENT:
AB S TENTION S:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Deputy City Attorney City Manager
Director of Human Resources
080910 mb 8260871
Director of Administrative Services
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO AND PALO ALTO FIRE CHIEFS’ ASSOCIATION
July 1~ 2006 through June 30~ 2010
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and the
Palo Alto Fire Chiefs’ Association, hereinafter referred as the "Association", 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 Association as the exclusive representative of an employee group
consisting solely of the classifications of Battalion Chief 56-hour workweek, Battalion Chief 40-hour
workweek and Emergency Medical Services Chief,, and Emergency Medical Services Coordinator who are
regularly employed by the City.
ARTICLE II - NO DISCRIMINATION
Section 1. The Association and the City hereby agree that there shall be no discrimination because of race,
color, age, handicap, sex, national origin, sexual orientation, political or religious affiliation under this
Agreement. There shall be no discrimination in employment conditions or treatment of employees on the
basis of membership or nonmembership in the Association, or participation in the lawful activities of the
Association.
Section 2. The Association and the City hereby agree to protect the rights of all employees to exercise their
free choice to join the Association and to abide by the express provimons of applicable State and local laws.
ARTICLE III - PAYROLL DEDUCTIONS
Section 1. The City shall deduct Association membership dues and other mutually agreed upon payroll
deductions 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 Association and the City. The City
shall remit the deducted dues to the Association 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 Agreement, 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 Shoi~
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.
a)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.
b)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, no labor 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.
c)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 employee’s paycheck.
d) 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.
e)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 opemng 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.
2
ARTICLE IV - NO STRIKES
Section 1. The Association, 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 Association, its representatives or members discriminate in any way toward anyone who refuses
to participate in a strike, or any oft he job actions cited above.
ARTICLE V -SALARY PROVISIONS
Section 1. Salary Range Adjustments.
a) Effective with pay period including July 1, 2006, a four percent (4%) increase will be applied to the
control point of all represented classes.
b) Effective with the pay period including July 1,2007, a three percent (3%) increase will be applied to the
control point of all represented classes.
c) Effective January 1,2008, the City shall add twelve thousand dollars ($12,000) to the annual base rate of
56 hour Battalion Chiefs(S4.12) per hour based on a 2912 hour work year.
d) Effective with the pay period including January 1, 2008, a three percent (3%) increase will be applied to
the control point of all represented classes, after application of the increase.set out in subsection (c) of this
section.
e) Effective with the pay period including July 1, 2009, a four percent (4%) increase will be applied to the
control point of all represented classes.
Section 2. Compression Between Captain and Battalion Chief.
During the term of this agreement a 16% differential will be maintained between E-step Captain and
Battalion Chief 56-hour workweek control point.
Section3. EMT Differential.
Employees in represented classifications who maintain EMT certification will receive a three percent (3%)
differential in addition to their base salary.
Section 4. 40-hour Work Week Assignment Differential
Employees assigned to a 40-hour workweek schedule will be paid a differential of five percent (5%) of base
salary in-lieu of holiday pay differential which 56-hour shift Battalion Chiefs receive.
3
Section 5. Out of County Strike Team Pay.
The City will pay an employee sent on out of County strike team duty a flat twelve hundred dollar ($1200)
wage payment beyond the employee’s normal salary for twenty-four (24) hour shift of such duty per non-
regular work hours if the City receives reimbursement from the state or federal government for the labor
costs incurred by the City for such expenses. Payment for partial shifts on such duty shall be prorated. For
40-hour Battalion Chief, payment for non-regular work hours will be prorated. A Personnel Action Form
will be completed in a timely manner to process this payment.
ARTICLE VI - HOLIDAYS
Section 1. Named Holidays.
The following holidays are recognized as municipal holidays for pay purposes and non-shift employees shall
have these days offwith 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
Veteran’s Day, November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
Either December 24 or December 31 as provided below
Section2. 56-Hour Work Week Assignments.
149.5 hour 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 biweekly amount of 5.75 holiday hours. Holiday hours are prorated and accrued based on
hours actually worked. If employees elect to be paid for these holiday hours at any time before the scheduled
payoff they must have sufficient hours in their holiday account and must complete the Cash-out Request
Form.
Accrued holiday balances of shift employees will be automatically paid off in the months of June and
December.
Section3. 40-Hour Work Week Assignments.
Employees assigned to a 40-hour workweek schedule will receive paid holidays in accordance
with Sections 517 and 518 of the Merit System Rules and Regulations. The Emergency Medical
Services Coordinator who works a schedule where a holiday falls on a regular day off, may, with
supervisory approval, take another day off within the pay period or the following pay period.
4
ARTICLE VII - VACATION ACCRUAL
Section 1.Vacation will be accrued when an employee is in a pay status and will be credited on a hi-weekly
basis. Such accrual balance and credit may not exceed three times the annual rate of accrual. Accrual rates
are by work week assignments as indicated in Section 1 and Section 2 below.
Section2. 56-Hour Workweek Assignments.
Employees assigned to a 56-hour workweek schedule (24-hour shift) will accrue vacation at the following
rate for continuous service performed in a pay status.
a)For employees completing less than four (4) years continuous service, the accrual rate shall be five (5)
duty shifts per year.
b)For employees completing four (4), but less than nine (9) years continuous service, the accrual rate shall
be eight (8) duty shifts per year.
c)For employees completing nine (9), but less than fourteen (14) years continuous service, the accrual rate
shall be ten (10) duty shifts per year.
d)For employees completing fourteen (14), but less than nineteen (19) years continuous service, the accrual
rate shall be eleven (11) duty shifts per year.
e)For employees completing nineteen (19) or more years continuous service, the accrual rate shall be
twelve (12) duty shifts per year.
Section3. 40-Hour Workweek Assignments.
Personnel assigned to a 40-hour workweek schedule will accrue vacation at the following rate for continuous
service performed in a pay status.
a)For employees completing less than four (4) years continuous service, the accrual rate shall be eighty
(80) hours per year.
b)For employees completing four (4), but less than nine (9) years continuous service, the accrual rate shall
be one-hundred twenty (120) hours per year.
c)For employees completing nine (9), but less than fourteen (14) years continuous service, the accrual rate
shall be one-hundred sixty (160) hours per year.
d)For employees completing fourteen (14), but less than nineteen (19) years continuous service, the
accrual rate shall be one-hundred eighty (180) hours vacation leave per year.
e)For employees completing nineteen (19) or more years continuous service, the accrual rate shall be two-
hundred (200) hours vacation leave per year.
ARTICLE VIII - VACATION CASH OUT
Section 1. Limitation on Use.
Employees may not use more than three times their armual rate of accrual in any calendar year period
provided, however, that the Chief may grant exceptions to this limitation.
Section 2. 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 (or (5) five duty shifts), to a maximum of one hundred twenty (120) hours (or five
(5) duty shifts), provided that the employee has taken eighty (80) hours of vacation off with pay in the
previous twelve (12) months.
ARTICLE IX - MANAGEMENT ANNUAL LEAVE
Section 1. Forty_(40) hour workweek employees not eligible for overtime shall be credited at the
beginning of each fiscal year with eighty (80) hours of annual leave which may be taken as paid time off,
added to vacation accrual (subject to vacation accrual limitations), taken as cash or taken as deferred
compensation. Entitlement under this provision will be reduced on a prorated basis for part-time status,
or according to the number of months in paid status during the fiscal year. Unused balances as of the
end of the fiscal year will be paid in cash, unless a different option as indicated above is elected by the
employee.
Section 2. Management Annual Leave for 56 Hour Employees.
Effective January 1, 2008 and on each July 1 thereafter each Battalion Chief who works a 56 hour
workweek shall be credited with eighty (80) hours of management leave. Management leave will be
subject to the same terms, policies and procedures as apply to forty (40) hour workweek employees
eligible for such leave as provided in section 1 above.
ARTICLE X - OTHER PAID LEAVES
Section 1. Ci,ty Manager 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.
6
Section 4. Leaves of Absence~ Death in Immediate Family.
Leave of absence with pay of one shift for 56-hour shift employees with provision for approval of one
additional shift for travel outside the area may be granted an employee by the Chief in the event of death in
the employee’s immediate family, which is defined for purposes of this section as wife, husband, son, son-in-
law, daughter, daughter-in-law, father~ mother, brother, brother-in-law, sister, sister-in-law, mother-in-law,
father-in-law, step-father, step-mother, step-sister, step-brother, grandfather, grandfather-in-law,
grandmother, grandmother-in-law, uncle, aunt, niece,nephew, 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. Employees assigned to a 40-hour work week are eligible for leave of
absence granted by the Chief with pay for three days in the event of death in the employee’s immediate
family which is defined above.
Section 5. Jury Du .ty; 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.
Section 6. 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 XI - OTHER LEAVE PROVISIONS
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 Unpaid 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 Ci~, Manager.
Leave of absence without pay in excess of one week’s duration may be granted by the City Manager on the
merit of the case, but such leave shall not exceed twelve months’ duration.
Section 6. Absence Without Leave.
Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee’s pay
shall be made accordingly. Unauthorized leave of absence may result in termination of employment.
Section 7. Leave of Absence; Death Outside the Immediate Family.
Leave without pay may be granted a regular employee by his/her department head in the event of death to
family members other than one of the immediate family, such leave to be granted in accordance with Section
2 and Section 4.
Section 8. Military Leave of Absence.
State law shall govern the granting of military leaves of absence and the rights of employees returning from
such absence.
ARTICLE XII - VOLUNTARY CATASTROPHIC LEAVE PROGRAM
Section 1. The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide FCA
employees the opportunity to donate their accrued vacation time to assist fellow members of FCA 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.
Section 2. 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).
Section 3. 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:
a) Voluntary
b) Irrevocable
c) Confidential, unless disclosure is required by law
d) 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).
e) The employee shall be required to exhaust all other types of leave to request donated leave
f) 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
g) 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
h) 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
i)The maximum donated time a donee may receive is 12 months (if available).
j)Applications to donate leave or receive leave under this Program are made to the Human Resources
Department
k) This is a pilot program and is subject to cancellation by either party
Section 4. FCA 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).
Section 5. The City reserves the right to modify or terminate this program at any time.
Section 6. 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 XIII - OVERTIME COMPENSATION FOR BATTALION CHIEF
CLASSIFICATIONS
Section 1. Through December 31,2007, employees in the FLSA exempt Battalion Chief classifications will
be paid overtime at the rate of time and one-half for hours authorized and worked in excess of the workweek
schedule (56 hours). Shift personnel assigned to overtime relief duty shall receive overtime compensation at
a rate of one and one-half times the employee’s basic 56-hour rate for all hours of the relief duty shift.
Required off-duty training will be compensated at the rate of one and one-half times the basic 40-hour rate,
and emergency callback will be compensated at the rate of one and one-half times the basic 40-hour rate to a
maximum of eight hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in
excess of eight hours. All overtime hours must be pre-authorized by the Fire Chief or designee.
9
Section 2. Effective January 1, 2008 employees in FLSA exempt positions as determined by the City in
accordance with the FLSA, including but not limited to Battalion chiefs, are salaried employees and will not
be eligible for overtime pay. Non-FLSA exempt personnel shall receive overtime compensation at the rate
of one and one-half (1½) times the employee’s regular hourly rate of pay for all hours worked in excess of
forty (40) hours in a workweek. All overtime hours must be pre-authorized by the Fire Chief or designee.
Section 3. Effective July 1, 2008 an individual Battalion Chief shall not in any fiscal year be required to
work more than four (4) shifts to fill a shift vacancy (arising due to another Battalion Chief’s absence or
termination) that would have been compensated with overtime under the overtime provisions in effect prior
to July 1, 2008. However, this limitation shall not apply in the event of a major emergency (e.g. earthquake,
major conflagration, weather disaster, etc.), nor shall it apply to required attendance of staff meetings, strike
team meetings, . training, or other such incidental non-shift activities.
Section 4. Assignment. The City may, at its discretion, assign and work a Fire Captain as a Battalion Chief
to temporarily fill a vacant Battalion Chief position or to backfill behind an incumbent Battalion Chief on
leave, or to perform duties that would otherwise involve a call-back of a Battalion Chief.
ARTICLE XIV - PROFESSIONAL DEVELOPMENT- REIMBURSEMENT
Effective July 1, 2004 the Professional Development 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 (except for the 2004 fiscal year,
it shall be made within 30 days following ratification of this agreement). Once the election is made for the
fiscal year, it is irrevocable.
Reimbursement for authorized self-improvement activities is granted to each represented employee up to a
maximum of $500 per fiscal year. Entitlement under this provision will be reduced on a prorated basis for
part time status or according to the number of months in paid status during the fiscal year. The following
items are eligible for reimbursement:
a).Civic and professional association memberships
b).Conference participation and travel expenses
c).Educational programs/tuition reimbursement. The education must maintain or improve the employee’s
skills in performing his or her job, or be necessary to meet the express requirements of the City or the
requirements of applicable law. The education to which the reimbursement relates must not be part of
a program qualifying the employees for another trade or business; or be necessary to meet the
minimum educational requirements for qualification for employment. Permissible educational
expenses are refresher courses, courses dealing with current developments, academic or vocational
courses, as well as the travel expenses associated with the courses.
d).Professional and trade journal subscriptions.
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e).Subject to Internal Revenue Service regulations and with the written prescription of a medical
doctor an employee may be reimbursed for a personal health program as treatment for a
diagnosed injury or illness.
Purchase of job related computer software and hardware, internet access, telecommunications
equipment and home office equipment/furniture. Reimbursement for any of these expenses
is taxable to the employee.
ARTICLE XV - EXCESS BENEFIT REIMBURSEMENT
Section 1. Effective January 2007, the benefit provided by this Article is designed to meet the requirements
of Section 125 of the Internal Revenue Code. Every calendar year, each employee will be provided with
$2,500 that they can designate among the following options:
a)Medical Flexible Spendin~ Account (Medical FSA). Provides reimbursement for excess
medical/dental/vision, or expenses that are incurred by employees and their dependents which are not
covered or reimbursed by any other source, including existing City-sponsored plans. This includes
prescribed medications and co-payments as well as over-the-counter drugs, including: antacids, allergy
medicines, pain relievers and cold medicines. However, nonprescription dietary supplements (e.g.
vitamins, etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used for cosmetic
purposes (e.g. Rogaine) are not acceptable.
b)Dependent Care Flexible Spending Account (Dependent Care FSA). Provides reimbursement for
qualified dependent care expenses under the City’s Dependent Care Assistance Program (DCAP), subject
to the following limits: Dependent care expenses will be reimbursed only to the extent that the amount of
such expenses reimbursed under this Management Benefit Program, when added to the amount (if any)
of annual dependent care expenses that the participant has elected under the City’s Flexible Benefits
Plan, do not exceed the maximum permitted under the DCAP.
1) The annual amount submitted for reimbursement cannot exceed the income of the lower-paid spouse.
2)The expenses must be employment-related expenses for the care of one or more dependents who are
under 13 years of age and entitled to a dependent deduction under Internal Revenue Code section
151 (e) or a dependent who is physically or mentally incapable of caring for himself or herself.
3) The payments cannot be made to a child under 19 years of age or to a person claimed as a dependent.
4)If the services are provided by a dependent care center, the center must comply with all state and
local laws and must provide care for more than six individuals (other than a resident of the facility).
5)Dependent care expenses not submitted under this section are eligible under the CityDependent Care
Assistance Plan (DCAP). However, the maximum amount reimbursed under DCAP will be reduced
by any amount reimbursed under the Excess Benefit Plan.
c)
d)
Non-taxable Professional Development Spending Account.
Provides reimbursement for Non-Taxable professional development expenses (e.g., job-related
training and education, seminars, training manuals, etc.) to the extent they are not paid or reimbursed
under any other plan of the City.
Deferred Compensation. Provides a one-time contribution to the employee’s City-sponsored 457
Deferred Compensation plan with either ICMA-RE or the Hartford.
Amounts designated by employees to either the Medical FSA, Dependent Care FSA, or Professional
Development options are done so on a "use -it-or-lose-it" basis. This means that any amounts
designated and not used by the end of the calendar year (or end of the extended grace period for the
medical FSA) will be forfeited by the employee and returned to the plan.
Specified amounts under this benefit will be applied on a pro-rata basis for employees who are part-time
or who are in a management or professional pay status for less than the full fiscal year. Such benefits
will be pro-rated in the first year of employment (based on hire date) but will not be pro-rated upon
separation of employment.
ARTICLE XVI - PHYSICAL EXAMS
Physical fitness medical examinations for all represented employees will be provided in accordance
with the Fire Department Physical Fitness Program General Order.
ARTICLE XVII - BENEFIT PROGRAMS
Section 1. Health Plan
Benefits will be provided in accordance with provisions of the California Public Employees
Retirement System (CalPERS) PEMHCA Health Plans. MonthlyCity-paid premium contributions for
an employee-selected PEMHCA optional plan will be made to the maximum amount indicated in each
categorybelow through December 31, 2006. Effective January 1, 2007 the City will pay up to the
monthly medical premium for the 2na most expensive plan among the existing array of plans during
the contract term. IfCalPERS 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.
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
12
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.
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, are eligible for reimbursement of the actual monthly premium cost of an individual health
plan, not to exceed the individual PORAC PPO monthly premium. Evidence of premium payment will
be required with request for reimbursement.
Section 2. Alternate Medical Benefit
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 Pato 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 CalPERS.
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 rates for 2008 are as follows:
One Party:$250.00
Two Party:$500.00
F amilv:$ 645.00
The rates for 2009 are as follows:
One Party:$260.00
Two Party:$520.00
Family:$673.00
The Alternative Medical Benefit Program rates for subsequent years covered by this agreement will be
determined when CalPERS formally announces the health plan rates applicable for the year in which
they are to apply.
Section 3. Dental Benefits
a)
b)
The City shall pay covered plan charges on behalf of all eligible employees and dependents. Domestic
partners are considered dependents, as defined in this article. Benefits for regular part-time
employees will be prorated as follows:
Employees who will work less than full time, will receive prorated premium
costs for dental benefits in accordance with his/her percentage of a full-time
work schedule. Part time employees currently receiving full benefits will not be
impacted.
The City’s Dental Plan provides the following: maximum benefits per calendar year shall
be $2000 for representation Unit employees and their dependents; fifty percent (50%) of
reasgnable charges, fifteen hundred dollars ($1500 ) lifetime maximum orthodontic benefit,
except that effective January 1, 2007 the dental program shall be amended to increase the
lifetime maximum for orthodontics to two thousand dollars ($2,000) and allow for coverage of
composite (tooth colored) fillings for posterior teeth.
Basic Benefits (All other covered services)
First Calendar Year of Eligibility
Second Calendar Year of Eligibility
Third Calendar Year of Eligibility
Fourth Calendar Year of Eligibility
*Usual, Customary, and Reasonable
**Not included an annual dental maximum
70% UCR*
80% UCR*
90% UCR*
100% UCR*
If the employee and eligible dependents have used the Plan at least once during the preceding calendar
year, the percentage reimbursed by the Plan increases to 80%, 90% or 100% respectively during the
second, third and subsequent calendar years of eligibility for basic benefits. If the employee and
eligible dependents lose eligibility, basic benefits wiII be reinstated at 70 percent if you again become
eligible for the Plan.
Section 4. Vision Care
a) The City shall provide vision care coverage for employee and dependents. Coverage is equivalent to
the $20 deductible Vision Services Plan A.
b) Dependents will include domestic partners, as defined under Article XVII, Section 1 (.active
emplo~’ee domestic partners).
14
Section 5. Employee Assistance Plan
The Employee Assistance Plan (EAP) provides employees with confidential personal counseling, work and
family related issues, eldercare, substance abuse, etc. In addition, EAP programs provide a valuable tool for
supervisors to refer troubled employees to professional outside help. This service staffed by experienced
clinicians is available to employees and their dependents by calling a toll-free phone line 24 hours a day,
seven days a week. Guidance is also available online.
ARTICLE XVIII - RETIREMENT MEDICAL PLAN
Section 1. Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be
made in accordance with the Public Employees’ Medical and Hospital Care Act Resolution for employees
that retire on or before 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 CalPERS 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 the 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 employer contribution for
"Employee Only" coverage. For 2007 the City’s contribution was 70%. For 2008, the City’s contribution
increased to 75%. This contribution for dependents will increase annual 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.
Retiree Medical coverage for Unit employees hired after January 1, 2004 shall be as follows:
Twenty (20) year vesting in CalPERS 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.
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 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.
ARTICLE XIX - BASIC LIFE INSURANCE
The City shall provide a basic life and AD & D insurance plan in an amount equal to the employee’s
annual basic compensation (rounded to the next highest $1,000).
15
ARTICLE XX- SUPPLEMENTAL LIFE INSURANCE
An employee may, at his/her cost, purchase additional life insurance and additional AD&D coverage. The
total amount of life insurance available to the employee is $325,000 and the total amount of AD&D
coverage available is $325,000.
ARTICLE XXI- LONG TERM DISABILITY INSURANCE
In lieu of providing long-term disability insurance program to eligible employees, the City shall add $40.00
per month to the base salary of eligible employees. This $40.00 per month shall not be calculated into the
labor market salary comparison.
ARTICLE XXII - EFFECTIVE DATE OF BENEFIT COVERAGE FOR NEW EMPLOYEES
For newly-hired regular employees coverage begins on the first day of the month following date of hire for
the health plan, dental plan, vision care plan, life insurance and long term disability plans if these benefits
are elected.
ARTICLE XXIII- WORKERS’ COMPENSATION
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 and ability to return to full or restricted work status. This section
is not meant to unreasonably restrict employee’s activities so long as such activities are cleared by the
treatin~ physician, treating program or altemative treatment program is maintained and employee is available
for full or restricted duty as soon as medical clearance can be received.
ARTICLE XXIV- RETIREMENT PENSION PLANS
Section 1. Miscellaneous Member Pension Formula.
Effective pay period inclusive of 1/6/07, the City’s California Public Employees’ Retirement System
(CalPERS) benefits shall change to the 2.7% at 55 formula for Miscellaneous members (from 2% at 55).
Section 2. Employee Share of PERS Contribution.
Effective May 1, 1984, the City agreed to pay the 7% employee contribution to CalPERS on behalf of
Miscellaneous CalPERS Plan members. Effective with the pay period inclusive of 1/6/07, the City
contribution was increased to cover the cost of the 2.7 at 55 retirement formula. Beginning June 30, 2010,
the City shall pay 6% and the employee shall pay 2% of the 8% CalPERS employee contribution for the 2.7
at 55 retirement benefit formula. For sworn fire management employees the City shall continue to pay the
mandatory nine percent (9%) of the employee’s Safety CalPERS Plan contribution.
Section 3. Conversion to Pay Rate.
Notwithstanding section 2 above, effective the pay period inclusive of 1/6/07, upon filing a notice of
retirement, the 6% City-paid CalPERS contribution (9% for Safety fire management personnel) will be
converted to a salary adjustment of equal amount on a one-time irrevocable basis for the final compensation
t6
period which is defined as the highest average compensation earnable (salary) during the year immediately
preceding retirement or any other designated consecutive year. The employee shall simultaneously assume
paying the entire employee CalPERS contribution. Employee CalPERS contributions shall be made on a tax
deferred basis, in accordance with Section 414(h) (2) of the Internal Revenue Code. All provisions of this
subsection are subject to and conditioned upon compliance with IRS regulations.
Section 4. Safety Member Pension Formula.
As of October 20, 2001, the City provides the California Public Employees’ Retirement System (CalPERS)
Benefit, "3% at 50" full formula (Section 21362.2) for Safety members.
Section 5. Status Determination. An employee’s membership in and designation as Safety or
Miscellaneous for CalPERS pension plan purposes shall be determined based on applicable California law.
ARTICLE XXV - MISCELLANEOUS EMPLOYMENT-RELATED EXPENSES
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 the following 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.
Section 3. Per Diem Travel Expenses For 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.
Section 4. 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. 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 XXVI- RESIDENCY
For purposes of emergency response availability, represented employees shall live within 90 miles travel
distance of the city limits of Palo Alto. This provision shall not apply to represented employees appointed
to the Battalion Chief classification prior to 1990.
17
ARTICLE XXVII - 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. Severabilitg.
Should any of the provision herein contained be rendered or declared invalid by reason of any State or
Federal legislation, or by ruling of any court of competent jurisdiction, 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 3. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to
this Memorandum of Agreement be administered and observed in good faith.
Section 4. Nothing in this Memorandum of Agreement shall preclude the parties from mutually agreeing to
meet and confer on any subject with the scope of representation during the term of this agreement.
Section 5. Merit System Rules and Regulations During the term of this Memorandum of Agreement,
Management may propose certain changes in the City Merit System Rules and Regulations. With regard to
such changes which pertain to the representation unit, the parties agree to review, and upon request, meet
and confer regarding the changes.
ARTICLE XXVIII - DURATION
This Memorandum of Agreement shall become effective upon signing by the parties hereto except that those
provisions herein that have specific expressly stated effective dates (e.g. the wages increases designated in
Article V) shall take effect on those dates regardless of signing date, once this Memorandum of Agreement
is signed by the parties hereto. This Memorandum of Agreement shall remain in effect until June 30, 2010.
EXECUTED:
FOR:
PALO ALTO FIRE CHIEFS’ AS SOCIATION
FOR:
CITY OF PALO ALTO
ene, City .ger
s/Donald Dudak
s/Niles Broussard
s/Nick Chief
Chief
s/Ron Bonfi
s/Kim Roderick
s/Russ
s/S~
Human Resources Director
Human Resources Assistant Director
s/Darrell Murray, Chief S ~erson
2O
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO AND PALO ALTO FIRE CHIEFS’ ASSOCIATION
July 1~ 20044through June 30~ 201~10
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and the
Palo Alto Fire Chiefs’ Association, hereinafter referred as the "Association", 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 Association as the exclusive representative of an employee group
consisting solely of the classifications of Battalion Chief 56-hour workweek, Battalion Chief 40-hour
workweek and Emergency Medical Services Chief, Cee, rdinatc, r Envirc, r~’r, ent a! Protectic, n, and Emergency
Medical Services Coordinator who are regularly employed by the City.
ARTICLE II - NO DISCRIMINATION
Section 1. The Association and the City hereby agree that there shall be no discrimination because of race,
color, age, handicap, sex, national origin, sexual orientation, political or religious affiliation under this
Agreement. There shall be no discrimination in employment conditions or treatment of employees on the
basis of membership or nonmembership in the Association, or participation in the lawful activities of the
Association.
Section 2. The Association and the City hereby agree to protect the rights of all employees to exercise their
free choice to join the Association and to abide by the express provisions of applicable.State and local laws.
ARTICLE III - PAYROLL DEDUCTIONS
Section 1. The City shall deduct Association membership dues and other mutually agreed upon payroll
deductions from the hi-weekly pay of member employees. The dues deduction must be authorized in
writing by the employee on an authorization card acceptable to the Association and the City. The City
shall remit the deducted dues to the Association 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 longs 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 Agreem_ent, or so long as they remain
members of the representation unit. Union members on dues p~ayroll 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. A~encv S_~__~
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.
a) At~ency 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.
b) 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 ioin 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, no labor
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
c)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 employee’s paycheck.
d) 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.
e~The Union shall keep an adequate itemized record of its financial transactions and shall make
available annual!-¢, 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 finmacial 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 al! statutory and legal requirement~ with respect to Agency Shop.
2
ARTICLE IV -NO STRIKES
Section 1. The Association, 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 Ako 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 Association, 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 V - SALARY PROVISIONS
Section 1. Salary, Range Adiustments.
a) Effective with pay period including July 1, 20046, a four percent (34_%) increase will be applied to the
control point of all represented classes.
b) Effective with the pay period including July 1,200:~7_, a three percent (3%) increase will be applied to the
control point of all represented classes.
c) Effective January. 1, 2008, the City shall add twelve thousand dollars ($12,000) to the annual base rate of
56 hour Battalion Chiefs-($4.12) per hour based on a 2912 hour work year.
~i~n te *~" con~! ~-:-+ of al! r~
d) Effective with the pay period including January_ 1, 2008, a three percent (3%) increase will be applied to
the control point of all represented classes~ after application of the increase set out in subsection (c) of this
section.
e) Effective with the pay period including July 1, 2009, a four percent (4%) increase will be applied to the
control point of all represented classes.
Section 2. Compression Between Captain and Battalion Chief.
During the term of this agreement a 16% differential will be maintained between E-s~ep Captain and Battalion
Chief 56-hour workweek control point.
Section~3. EMT Differential.
Employees in represented classifications who maintain EMT certification will receive a three percent (3%)
differential in addition to their base salary.
Section 4. 40-hour Work Week Assignment Differential
Employees assigned to a 40-hour workweek schedule will be paid a differential of five percent (5%) of base
salaw in-lieu of holiday pay differential which 56-hour shift Battalion Chiefs receive
Section 45. Out of County Strike Team Pa22.
The City will pay an employee sent on out of County strike team duty a fiat twelve hundred dollar ($1200)
wage payment beyond the employee’s normal salary, for twenty-four (24) hour shift of such duty per non-
regular work hours if the City receives reimbursement from the state or federal government for the labor
costs incurred by the City. for such expenses. Payment for partial shifts on such duty shall be prorated. For
40-hour Battalion Chief, payment for non-regular work hours will be prorated. APersonnel Action Form will
be completed in a timely manner to process this payment.
ARTICLE VI -- HOLIDAYS
Section 1. Named Holidays.
The following holidays are recognized as municipal holidays for pay purposes and non-shift employees shall
have these days offwith 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
Veteran’s Day, November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
Either December 24 or December 31 as provided below
[ Section42. 56-Hour Work Week Assignments.
149.5 hour is the total amount of holiday hours paid a~ually to an employee divided by 26 payroll periods
which equals 5.75. SN~ personnel shall receive pay in lieu ofta~nKpaid leave %r accrued holidays. Such
paid hours are in biweeMv amount of 5.75 holiday hours. Holiday hours are prorated and accrued based on
hours actually worked. If employees elect to be paid %r these holiday hours a any time before the scheduled
payoff they must have sufficient hours in their holiday account and must complete the Cash-out Request
Form.
Accrued holiday balances of shift employees will be automatically paid off in the months of June and
December.
[ Section43. 40-Hour Work Week Assignments.
Employees assigned to a 40-hour workweek schedule will receive paid holidays in accordance
with Sections 517 and 518 of the Merit System Rules and Regulations. The Emergency Medical
Services Coordinator who works a schedule where a holiday falls on a regular day oft’, may, with
supervisory approval, take another day offwithin the pay period or the following pay period.
4
I
ARTICLE VII-VACATION ACCRUAL
Section 1.Vacation ~ be accrued when an employee is in a pay status and Hill be credited on a bi-weekly
basis. Such accrual balance and credit may not exceed three times the annual rate of accrual. Accrual rates
are by work week assignments as indicated in Section 1 and Section 2 below.
] Section42. 56-Hour Workweek Assignments.
Employees assigned to a 56-hour workweek schedule (24-hour shift) will accrue vacation at the following
rate for continuous service performed in a pay status.
a.For employees completing less than four (_43_years continuous service, the accrual rate shall be five 5~)
duty shifts per year.
b.For employees completing four~)_, but less than nine _(P3Hcears continuous service, the accrualrate shall
be eight 8!~)_duty shifts per year.
c.For employees completing nine 9_(_93_, but less than fourteen (14)_years continuous service, the accrual rate
shall be ten£10) duty shifts per year.
d.For employees completing fourteen (14), but less than nineteen (19)_-years continuous service, the accrual
rate shall be eleven (11) duty shifts per year.
e.For employees completing nineteen (19)_-or more years continuous service, the accrual rate shall be
twelve (12) duty shifts per year.
Section-23. 40-Hour Workweek Assignments.
Personnel assigned to a 40-hour workweek schedule will accrue vacation at the following rate for continuous
service performed in a pay status.
a.For employees completing less than four 4(A)_years continuous service, the accrualrate shallbe ~80)
hours per year.
b.For employees completing four_(~)_, but less than nine 9Lp3years continuous service, the accrualrate shall
be one-hundred twenty (120) hours per year.
c.For employees completing nine_(~), but less than fourteen (14)_ years continuous service, the accrual rate
shall be one-hundred sixty_(160) hours per year.
For employees completing fourteen (14), but less than nineteen (19)2tears continuous service, the
accrual rate shall be one-hundred ei~180) hours vacation leave per year.
For employees completing nineteen !._(3~or more years continuous service, the accrual rate shall be two-
hundred (200)-hours vacation leave per year.
5
ARTICLE VIII - VACATION CASH OUT
Section 1. 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 2. Cash out _Qption.
Once each calendar year an employee may cash out eight 8(~)_or more hours of vacation accrual in excess
of eighty (80) hours (or 5_(5_(~five duty shifts), to a maximum of one hundred twenty (120)80 hours (or five
5(~)_duty shifts), provided that the employee has taken eighty (80) hours of as-vacation offwith pay in the
previous twelve (12) months at !east the r:dmb~-of4~ ca~hed out.
ARTICLE IX - MANAGEMENT ANNUAL LEAVE
Section 1. Forty (40) hour workweek employees not eligible for overtime shall be credited at the
beginning of each fiscal year with eighty (80) hours of annual leave which may be taken as paid time off,
added to vacation accrual (subject to vacation accrua! limitations), taken as cash or taken as deferred
compensation. Entitlement under this provision will be reduced on a prorated basis for part-time status,
or according to the number of months in paid status during the fiScal year. Unused balances as of the end
of the fiscal year will be paid in cash, unless a different option as indicated above is elected by the
employee.
Section 2. Management Annual Leave for 56 Hour Em~
Effective January_ 1, 2008 and on each July 1 thereafter each Battalion Chief who works a 56 hour
workweek shall be credited with eighty (80) hours of management leave. Management leave will be
subject to the same terms, policies and procedures as apply to forty (40) hour workweek empjgyees
eligible for such leave as provided in section 1 above.
ARTICLE X - OTHER PAID LEAVES
Section !. CL--Mana-or 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. Em 1Ekqyee’s Time Off to Vote.
Time offwith 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 shalt be given in accordance with
t~4~rovisions of said Code
Section 4. Leaves of Absence;. Death in Immediate Famil2k
Leave of absence with pay of one shift for 56-hour shift employees with provision for approval of one
additiona! shift for trave! outside the area may be granted an employee by the Chief in the event of death in
6
the employee’s immediate family, which is defined for purposes of this section as wife, husband, son, son-in-
law, daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law, mother-in-law,
father-in-law, step-father, step-mother, step-sister, step-brother, grandfather, grandfather-in-law,
grandmother, grandmother-in-law, uncle, aunt, niece,nephew, 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. Employees assigned to a 40-hour work week are eligible for leave of absence
granted by the Chief with pay for three days in the event ofdeath in the employee’s immediate family which is
defined above.
Section 5. Ju ~- Du~ " Leave of A_bsence.
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.
Section 6. 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 XI - OTHER LEAVE PROVISIONS
Section !. 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 Unpaid 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 ~roval 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.
S~~ Ci .- Nlana=_er.
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.
7
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 elnployment.
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 ofemNoyees returning from
such absence.
ARTICLE XII - VOLUNTARY CATASTROPHIC LEAVE PROGtL4M
Section 1. The City of Palo Alto has established a Firefighter Volunta15r Leave Program to provide ,:l~c: ~C ¢’-~
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 emplo’y~ee’s immediate family (spouse, child, parent or registered domestic
partner suffering from a verifiable catastrophic illness or iniury) and have exhausted or will presently
exhaust all of their paid leave.
Section 2. In order to be eligible to receive donated leave, an employee must have a catastrophic illness or
iniury or an employee’s immediate family member must have a catastrophic illness or injury that requires the
employee to provide full-tilne 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).
Section 3. 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:
a) Voluntary
b) Irrevocable
c) Confidential, unless disclosure is required by law
d) 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).
e) The employee shall be required to exhaust all other types of leave to request donated leave
f) 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
g) Where any of the period during which an employee receives donated leave is desiCnated 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
elnployee receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or after the
8
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
h) 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
i)The maximum donated time a donee may receive is 12 months (if available).
j)Applications to donate leave or receive leave under this Proaram are made to the Human Resources
Department
k) This is a pilot pro~am and is subiect to cancellation by either party
Section 4. FCA members interested in donating leave or in appl~ng 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. Pagroll will be notified in writin~ of the number of hours to be deducted from each donating
employee’s vacation balance and transferred to the donee employee(s).
Section 5. The City reserves the right to modify or terminate this pro~am at any time.
Section 6. Catastrophic Illness or Iniury (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 paidleave available
apart fi’om 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 iniurg under this Policy.
I
ARTICLE ]=X-XIII - OVERTIME COMPENSATION FOR BATTALION CHIEF
CLASSIFICATIONS
Section 1. Through December 3 ~ 200% ~_employees in the FLSA exempt Battalion Chief classifications
will be paid overtime at the rate of time and one-half for hours authorized and worked in excess of the
workweek schedule (56 hours). Shift personnel assigned to overtime relief duty shall receive overtime
compensation at a rate of one and one-half times the employee’s basic 56-hour rate for all hours of the relief
duty shift. Required off-duty training will be compensated at the rate of one and one-half times the basic 40-
hour rate, and emergency callback will be compensated at the rate of one and one-half times the basic 40-
hour rate to a maximum of eight hours, and at a rate of one and one-half times the basic 56-hour rate for
those hours in excess of eight hours. All overtime hours must be pre-authorized by the Fire Chief or
designee.
Section 2. Effective Jan~ac,i 1, 2008 employees in FLSA exempt positions as determined by the City in
accordance with the FLSA, including but not limited to Battalion chiefs, are salaried employees and will not
be eligible for overtime pay. Non-FLSA exempt perso~mel shall receive overtime compensation at the rate
of one and one-half (1½) times the employee’s regular hourly rate of pay for all hours worked in excess of
forty (40) hours in a workweek. All overtime hours must be pre-authorized by the Fire Chief or designee.
9
Section 3, Effective July 1, 2008 an individual Battalion Chief shall not in any fiscal year be required t° work
more than four (4) shifts to fill a shift vacancy (arising due to another Battalion Chief’s absence or
termination) that would have been compensated with overtime under the overtime provisions in effect prior to
July 1.2008. However, this limitation shall not apply in the event of a major emergency (e.g. earthquake,
major conflagration, weather disaster, etc.), nor shall it apply to required attendance of staffmeetings, strike
team meetings~ training, or other such incidental non-shift activities.
Section 4. Assignment. The City may, at its discretion, assign and work a Fire Captain as a Battalion Chief
to temporarily fill a vacant Battalion Chief position or to backfill behind an incumbent Battalion Chief on
leave, or to perform duties that would otherwise involve a call-back of a Battalion Chief.
ARTICLE XIV - PROFESSIONAL DEVELOPMENT- REIMBURSEMENT
Effective July 1, 2004 the Professional Development program is-was hereby 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 (except for the
2004 fiscal year, it shall be made within 30 days following ratification of this agreement). Once the election is
made for the fiscal year, it is irrevocable.
Reimbursement for authorized self-improvement activities is granted to each represented employee up to a
maximum of $500 per fiscal year. Entitlement under this provision will be reduced on a prorated basis for
part time status or according to the number of months in paid status during the fiscal year. The following
items are eligible for reimbursement:
a).Civic and professional association memberships
b).Conference participation and travel expenses
Educational programs/tuition reimbursement. The education must maintain or improve the employee’s
skills in performing his or her job, or be necessary to meet the express requirements of the City or the
requirements of applicable law. The education to which the reimbursement relates must not be part of
a program qualifying the employees for another trade or business; or be necessary to meet the minimum
educational requirements for qualification for employment. Permissible educational expenses are
refresher courses, courses dealing with current developments, academic or vocational courses, as well
as the travel expenses associated with the courses.
10
d.Professional and trade journal subscriptions.
eo Subject to Internal Revenue Service regulations and with the written prescription of a medical doctor,
an employee may be reimbursed for a personal health program as treatment for a diagnosed injury or
illness.
Purchase of job related computer software and hardware, internet access, telecommunications
equipment and home office equipment/furniture. Reimbursement for any of these expenses is taxable to
the employee.
ARTICLE XHV - EXCESS BENEFIT REIMBURSEMENT
annual a -~~ ~ - ,_ . -~ nt .....+ c -- -
~~ ’ ": ’:’ -- -" ---v ......for the care
11
i: _ ~ ,~- --~s Eenefit reimbursement4s~ot used dufing-tt~nseal year, the d;~erene~~
~er
~~~r~ wi!! b~~ :- : ~’_r~ under the ap~cab!c incom~
Section 1. Effective January_ 2007, tCfhe benefit provided by this Article is designed to meet the requirements
of Section 125 of the Internal Revenue Code. Every_ calendar year, each employee will be provided with
$2,500 that they can designate among the following options:
a)Medical Flexible Spending Account (Medical FSA). Provides reimbursement for excess
medical/dental/vision, or expenses that are incurred by employees and their dependents which are not
covered or reimbursed by any other source, including existing City-sponsored plans. This includes
prescribed medications and co-payments as well as over-the-counter drugs, including: antacids,
allergy_ medicines, pain relievers and cold medicines. However, nonprescription dietary, supplements
(e.g. vitamins, etc.) toiletries (e.g. toothpaste), cosmetics (e.g. face cream), and items used for
cosmetic purposes (e.g. Rogaine) are not acceptable.
b)Dependent Care Flexible Spending Account (Dependent Care FSA). Provides reimbursement for
qualified dependent care expenses under the City’s Dependent Care Assistance Program (DCAP’k
subiect to the following limits: Dependent care expenses wilt be reimbursed only to the extent that the
amount of such expenses reimbursed under this Management Benefit Program~ when added to the
amount (if any) of annual dependent care expenses that the participant has elected under the City’s
Flexible Benefits Plan, do not exceed the maximum permitted under the DCAP.
1)The annual amount submitted for reimbursement cannot exceed the income of the lower-paid
spouse.
s)The expenses must be employment-related expenses for the care of one or more dependents who
are under 13 years of age and entitled to a dependent deduction under Internal Revenue Code
section 15 ! !ie) or a dependent who is physically or mentally incapable of caring for himself or
herself.
3)The payments cannot be made to a child under 19 years of age or to a person claimed as a
_dependent.
12
If the services are provided by a dependent care center, the center must comply with al! state and
local laws and must provide care for more than six individuals (other than a resident of the
facility).
5)Dependent care expenses not submitted under this section are eligible under the City
Dependent Care Assistance Plan (DCAP). However, the maximum amount reimbursed under
DCAP will be reduced by any amount reimbursed under the Excess Benefit Plan.
c)Non-taxable Professional Development Spending Account.
Provides reimbursement for Non-Taxable professional development expenses (e.g., job-related
training and education, seminars, training manuals, etc.) to the extent they are not paid or reimbursed
under any other plan of the City.
d)Deferred Compensation. Provides a one-time contribution to the employee’s City-sponsored 457
Deferred Compensation plan with either ICMA-RE or the Hartford.
Amounts designated by employees to either the Medical FSA, Dependent Care FSA~ or Professional
Development options are done so on a "use -it-or-lose-it" basis. This means that any amounts designated
and not used by the end of the calendar year (or end of the extended grace period for the medical FSA)
will be forfeited by the employee and returned to the plan.
Specified amounts under this benefit will be applied on a pro-rata basis for employees who are t~art-time
or who are in a management or professiona! pay status for less than the full fiscal year. Such benefits will
be pro-rated in the first year of employment (based on hire date) but will not be pro-rated upon separation
of employment.
ARTICLE X:H~V[ - PHYSICAL EXAMS
Physical fitness medical examinations for all represented employees will be provided in accordance with
the Fire Department Physical Fitness Program General Order.
ARTICLE XtVVIt - BENEFIT PROGRAMS
Section 1o Health Plan
Benefits will be provided in accordance with provisions of the California Public Employees Retirement
System (CalPERS) Public Employers Medical and Health Act (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 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 IfCalPERS changes the plans it offers, the City and the
Union wil! meet and confer over the City continuing to provide an equivalent benefit at an equivalent
COSt.
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 POP~C or N-ae
tgb4ae+second most expensive plan
Premium for plan selected
Not to exceed the POP~.C or B!ue
Ngge~second most expensive plan
Premium for plan selected
Not to exceed the pcm
Shield HMO Premium, whicEever is
h4gge-+second most expensive plan
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.
Active employee domestic partners whose domestic partnership is registered with the State of
California will be eli gible 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, are eligible for reimbursement of the actual monthly premium cost of an individual health
plan, not to exceed the individual PORAC PPO monthly premium. Evidence of premium payment will
be required with request for reimbursement.
not qua ’ r.~b ............... s .........................
Section 2. Alternate Medical Benefit
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~-l~lw~:"*’~ ..... ,~,, ~,~1"~*~ ........ ,,.~,~-~* ~.~’~*~"~.~.÷~ (CalPERS).
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 rates for 2008 are as follows:
One Party:$250.00
Two Party:$500.00
Family:$645.00
The rates for 2009 are as ~’ol]ows:
One Part~5260.00
Two Part\,:$520.00
gamil,/:~673
The Alternative Medical Benefit Pro~am rates for subsequent years covered by this a~eement will be
determined when CalPERS formally announces the health plan rates applicable for the year in which
they are to apply.
Section 3. Dental Benefits
The City shall pay covered plan charges on behalf of all eligible employees and dependents. Domestic
partners are considered dependents, as defined in this article. Benefits for regular part-time
employees will be prorated as follows:
Employees who will work less than full time, will receive prorated premium
costs for dental benefits in accordance with his/her percentage of a full-time
work schedule. Part time employees currently receiving full benefits will not be
impacted.
15
b) The City’s Dental Plan provides the following: maximum benefits per calendar year shall
be $2000 for representation unit employees and their dependents; fifty percent (50%) of
reasonable charges, fifteen hundred dollars ($1500) lifetime maximum orthodontic benefit, except
that effective January 1, 2007 the dental program shall be amended to increase the lifetime
maximum for orthodontics to two thousand dollars ($2,000) and allow for coverage of composite
(tooth colored) fillings for posterior teeth.
Lifetime Ma~mu~f~4~ hod opXic s
Oxhodontics
Basic Benefits (All other covered services)
First Calendar Year of Eligibility
Second Calendar Year of Eligibility
Third Calendar Year of Eligibility
Fourth Calendar Year of Eligibility
70% UCR*
80% UCR*
90% UCR*
100% UCR*
*Usual, Customary, and Reasonable
**Not included in annual dental maximum
If the employee and eligible dependents have used the Plan at least once during the preceding calendar
year, the percentage reimbursed by the Plan increases to 80%, 90% or 100% respectively during the
second, third and subsequent calendar years of eligibility for basic benefits. If the employee and eligible
dependents lose eligibility, basic benefits will be reinstated at 70 percent if you again become eligible for
the Plan.
Section 4. Vision Care
a) The City shall provide vision care coverage for employee and dependents. Coverage is equivalent to
the $20 deductible Vision Services Plan A.
8 .......1 Article XVII, Sectionb) Dependents will include domestic partners, as defined under ~*~’- E. .b).
1 (~active tgemployee t)domestic t~partners).
Section 5. Employee Assistance Plan
The Employee Assistance Plan (EAP) provides employees with confidential personal counseling, work and
family related issues, eldercare, substance abuse, etc. _In addition, EAP programs provide a valuable tool for
supervisors to refer troubled employees to professional outside help. This service staffed by experienced
clinicians is available to employees and their dependents by calling a toll-flee phone line 24 hours a day, seven
days a week. Guidance is also available online.
16
Section 1. Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be
made in accordance with the Public Employees’ Medical and Hospital Care Act Resolution: for employees
that retire on or before December 31, 2006. Effective January 1, 2007 the City will pa_y up to the monthly
medical premium for the 2nd most expensive plan among the existing array of plans during the contract
tenn. If CalPERS 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 the 2006 calendar year, the City’s contribution toward dependent coverage ~s 65% of the difference
between the applicable "Employee and One Dependent" or "Famil,,r’’ maximum employer contribution for
"Employee Only" coverage. For 2007 the City’s contribution was 70%. For 2008, the City’s contribution
increased to 75%. This contribution for dependents will increase annual 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.
Retiree Medical coverage for Unit employees hired after January 1, 2004 shall be ~as follows:
go Twenty (20) year vesting in CalPERS 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.
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 be not be less than
the minilnum contribution set by PERS under Governlnent Code Section 22893 based on a weighted
average of available health plan prerniulns
ARTICLE XV-tlX - BASIC LIFE INSURANCE
The City shall provide a basic life and AD & D insurance plan in an amount equal to the employee’s
annual basic compensation (rounded to the next highest $1,000).
ARTICLE XV-It-X- SUPPLEMENTAL LIFE INSURANCE
An employee may, at his/her cost, purchase additional life insurance and additional AD&D coverage. The
total amount of life insurance available to the employee is $325,000 and the total amount of AD&D
coverage available is $325,000.
ARTICLE X~I-IXI- LONG TERM DISABILITY INSURANCE
In lieu of providing long-term disability insurance program to eligible employees, the City shall add $40.00
per month to the base salary of eligible employees. This $40.00 per month shall not be calculated into the
labor market salary comparison.
ARTICLE XtXII - EFFECTIVE DATE OF BENEFIT COVERAGE FOR NEW EMPLOYEES
For newly-hired regular employees coverage begins on the first day of the month following date of hire for
the health plan, dental plan, vision care plan, life insurance and long term disability plans if these benefits
are elected.
ARTICLE XXIII- WORKERS’ COMPENSATION
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~~
return to fu!] duty or restricted work ~m~us. 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 1-naintained and employee is available for full or restricted duty as soon as medical
clearance can be received.
ARTICLE XXIV- RETIREMENT PENSION PLANS
Section 1. Miscellaneous Member Pension Formula.
Effective pay period inclusive of 1/6/07, the City’s California Public Employees’ Retirement System
(CalPERS) benefits shall change to the 2.7% at 55 formula for Miscellaneous members (from 2% at 55).
Section 2. Employee Share of PERS Contribution.
Effective May 1, 1984~ the City agreed to pay the 7% employee contribution to CalPERS on behalf of
Miscellaneous CalPERS Plan members. Effective with the pay period inclusive of 1/6/07, the City
contribution was increased to cover the cost of the 2.7 at 55 retirement formula. Beginning June 30, 2010,
the City shall pay 6% and the employee shall pay 2% of the 8% CalPERS employee contribution for the 2.7
at 55 retirement benefit formula. For sworn fire management employees the City shall continue to pay the
mandatory nine percent (9%) of the employee’s Safety CalPERS Plan contribution.
18
the City shall pay 6% and the employee shall pay 2% of the 8% CalPERS employee contribution for the 2.7
at 55 retirement benefit formula. For sworn fire management employees the City sha!l continue to pay the
mandatory, nine percent (9%) of the employee’s Safety CalPERS Plan contribution.
Section 3. Conversion to Pajg_Rate.
Notwithstanding section 2 above, effective the pay period inclusive of 1/6/07, upon filing a notice of
retirement, the 6% City-paid CalPERS contribution (9% for Safety fire management personnel) will be
converted to a salary adjustment of equal amount on a one-time irrevocable basis for the final compensation
period which is defined as the highest average compensation earnable (salary.) during the year immediately
preceding retirement or any other designated consecutive year. The employee shall simultaneously assume
paying the entire employee CalPERS contribution. Employee CalPERS contributions shall be made on a tax
deferred basis, in accordance with Section 414(h) (2) of the Internal Revenue Code. All provisions of this
subsection are subject to and conditioned upon compliance with INS regulations.
Section 4. Safety Member Pension Formula.
As of October 20, 2001, the City provides the California Public Employees’ Retirement System (CalPERS)
Benefit, "3% at 50" full formula (Section 21362.2) for Safety members.
Section 5. Status Determination. An employee’s membership in and designation as Safety or
Miscellaneous for CalPERS pension plan purposes shall be determined based on applicable California law.
ARTICLE XXV -M~SCELLANEOUS EMPLOYMENT-RELATED EXPENSES
Section 1. Station House Fund.
The Station House Fund per year per shift employee shall be $48.00.
Section 2o Non-Food House Items.
The City agrees to furnish and maintain each fire station with the following 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 wi!! be purchased from the Station House Fund.
Section 3. Per Diem Travel Expenses For Citz Busine~ss..
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.
19
Section 4. 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.
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 XXt-VI- RESIDENCY
For purposes of emergency response availability, represented employees shall live within 90 miles travel
distance of the city limits of Palo Alto. This provision shall not apply to represented employees appointed to
the Battalion Chief classification prior to 1990.
ARTICLE XX~rH - 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. Severability.
Should any of the provision herein contained be rendered or declared invalid by reason of any State or Federal
legislation, or by ruling of any court of competent jurisdiction, 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 3. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this
Memorandum of Agreement be administered and observed in good faith.
Section 4. Nothing in this Memorandum of Agreement shall preclude the parties from mutually agreeing to meet
and
Sect
may
pert~
chan
:onfer on any subject with the scope of representation during the term of this agreement:
on 5. Merit System Rules and Regulations During the term of this Memorandum of Agreement, Management
propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which
in to the representation unit, the parties agree to review; and upon request, meet and confer regarding the
ges.
ARTICLE XX~:Vt~ - DURATION
This/Memorandum of Agreement shall become effective upon signing by the parties hereto except that those
provisions herein that have specific expressly stated effective dates (e.g. the wages increases designated in Article V)
shallltake effect on those dates regar~lless ~f signing date, once this Memorandum of Agreement is signed by the
par@s hereto. This Memorandum of Agreement shall Ju!y !, 2~remain in effect until June 30, 200610.
2O
EXECUTED:
FOR:
PALO ALTO FIRE CHIEFS’ ASSOCIATION
FOR:
CITY OF PALO ALTO
s/To~y Spitaleri, Chief Spokesperson s/Frank Benest, City Manager
s/Donald Dudak s/Nick Marinaro, Fire Chief
s/Dan Lindsey, Deputy Fire Chief
s/Russ Carlsen, Human Resources Director
s/N’~es Broussard s/Sandra Blanch, Human Resources Assistant Director
s~~im Roderick s/Darrell Murray, Chief Spokesperson
s/Ron Bonfiglio
21
CITY OF PALO ALTO
COMPENSATION PLAN
Fire Chiefs’ Association
Management Personnel
Effective:Pay period including July t, 20046_
through June 30, 200610_
grade limits of no less than 25% below the control point and no more than 20% above
the control point.
Fixed salary increases may be earned in accordance with administrative guidelines
based on growth within the position and performance which meets or exceeds
position standards. In addition, employees may earn Variable Management
Compensation by meeting or exceeding objectives established under the annual
performance planning and appraisal system. Variable Management Compensation
requalification is necessary for each appraisal period.
Compensation Adjustment Authorization. Each year the City Manager will propose
for Council approval a compensation adjustment authorization which will include
amounts sufficient to implement base pay increases and Variable Management
Compensation.
Salary Range Adjustments.
a.Effective with pay period including July 1,20046_, a ,34% increase will be applied
to the control point of all represented classes.
b.Effective with pay period including July 1,200,57, a 3% increase will be applied
to the control point of all represented classes.
Effective January 1,2008, the City shall add twelve thousand dollars ($12,000)
tc the annual base rate of 56-hour Battalion Chiefs ($4.12) per hour based on a
2912 hour work
#~=~ea~eq~sed ~,,~
r~mr~e~nf~H C~SS~.
Effective with pay period includinq January 1, 2008, a three percent (3%)
increase will be applied to the control point of all represented classes after
application of the increase set out in subsection (c) of this section,
e.Effective with pay period includin,q July 1,2009, a four percent (4%) increase will
be applied to the control point of all represented classes.
Compression Between Battalion Chief and Captain.
During the term of this agreement a 16% differential will be maintained between
E-step Captain and Battalion Chief 56-hour workweek control point.
more than 20% above the control point for the individual position grades
authorized in the Tab of this plan.
The City Manager is authorized to establish such administrative rules as are
necessary to implement this Compensation Plan subject to the limitations of the
approved compensation adjustment authorization and the approved grade and
control point structure.
In the event a downward adjustment of a position grade assignment 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 grade limit for a reasonable period of time.
Such interim salary rates shall be defined as "Y-rates."
SECTION II. SPECIAL COMPENSATION
This section applies to covered classifications as specifically indicated. Eligibility shall be in
conformance with the Merit Rules and Regulations an(] Administrative Directives issued by
the City Manager for the purposes of clarification and interpretation.
A.Overtime
Throuqh December 31, 2007, F=employees in the FLSA exempt Battalion Chief
classifications will be paid overtime at the rate of time and one-half for hours
authorized and worked in excess of the work week schedule (56 hours). Shift
personnel assigned to overtime relief duty shall receive overtime compensation at a
rate of one and one-half times the employee’s basic 56-hour rate for all hours of the
relief duty shift. Required off-duty training will be compensated at the rate of one and
one-half times the basic 40-hour rate, and emergency callback will be compensated
at the rate of one and one-half times the basic 40-hour rate to a maximum of eight
hours, and at a rate of one and one-half times the basic 56-hour rate for those hours
in excess of eight hours. All overtime hours must be pre-authorized by the Fire Chief
or designee.
Effective January 1,2008 employees in FLSA exempt positions as determined by the
City in accordance with the FLSA, includin.q but not limited to Battalion chiefs, are
salaried employees and will not be eliqible for overtime pay. Non-FLSA exempt
personnel shall receive overtime compensation at the rate of one and one-half (1 ½)
times the employee’s reqular hourly rate of pay for all hours worked in excess of forty
(40) hours in a workweek. All overtime hours must be pre-authorized by the Fire
Chief or designee.
D.Uniform Purchase Plan
Uniforms including cleaning will be provided with replacement provisions on an as-
needed basis in conformance with department policy.
9990
F-E. Group Insurance
For newly-hired regular employees coverage begins on the first day of the month
following date of hire for the health plan, dental plan, vision care plan, life insurance
and long term disability plans if these benefits are elected.
1. Health Plan
a)Benefits will be provided in accordance with provisions of the California Public
Employees Retirement System (CalPERS) Public Employers Medica! and
Health Act/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 CalPERS 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.
Number of Parties
Covered Monthly City Contribution
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, 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
tk.....k *k~ o,,kli~- r~,~ .....#~+i~’~’~’~* q"°{~"~ (C IPERS),,,,.,,~,, ,,,.. , ,~,~,,,.. ,_,,,~,,,.,:,,..,.. ,,...,,,,..,,,~,,, ,_,:,..,,,..,,,a .
The rates for
One Party:
Two Party:
Family:
2006 are as follows:
$205.00
$410.00
$530.00
The rates for
One Party:
Two Party:
Family:
2007 are as follows:
$230.00
$460.00
$595.00
The rates for
One Party:
Two Party:
Family:
2008 are as follows:
$250.00
$500.00
$645.O0
The rates for
One Party:
Two Party:
Family:
2009 are as follows:
$260.00
$520.00
$673.00
The Alternative Medical Benefit Proqram rates for subsequent years covered by
this aqreement w be determined when CalPERS formally announces the health
plan rates applicable for the year in which they are to apply.
Employees who will work less than full time, will receive prorated
premium costs for dental benefits in accordance with his/her
percentage of a full-time work schedule. Part-time employees currently
receiving full benefits will not be impacted.
b)The City’s Dental Plan provides the following: maximum benefits per calendar
year shall be $2000 for representation unit employees and their dependents;
fifty percent (50%) of reasonable char.qes, fifteen hundred dollars ($1500)
lifetime maximum orthodontic benefit, except that effective January 1,2007 the
dental pro,qram shall be amended to increase the lifetime maximum for
orthodontics to two thousand dollars ($2,000) and allow for coverage of
composite (tooth colored) fillin.qs for posterior teeth.
~O~hodontics
Basic Benefits (All other covered se~ices)
First Calendar Year of Eligibility
Second Calendar Year of Eligibility
Third Calendar Year of Eligibility
Fou~h Calendar Year of Eligibility 100%
70% UCR*
80% UCR*
90% UCR*
UCR*
*Usual, Customary, and Reasonable
**Not included in annual dental maximum
If the employee and eligible dependents have used the Plan at least once during the
preceding calendar year, the percentage reimbursed by the Plan increases to 80%,
90% or 100% respectively during the second, third and subsequent calendar years of
eligibility for basic benefits. If the employee and eligible dependents lose eligibility,
basic benefits will be reinstated at 70 percent if you again become eligible for the
Plan.
Basic Life Insurance
The City shall provide a basic life and AD & D insurance plan in an amount
equal to the employee’s annual basic compensation (rounded to the next
highest $1,000).
4. Supplemental Life Insurance
]]
b.Conference participation and travel expenses
Educational programs/tuition reimbursement. The education must maintain
or improve the employee’s skills in performing his or her job, or be
necessary to meet the express requirements of the City or the
requirements of applicable law. The education to which the reimbursement
relates must not be part of a program qualifying the employees for another
trade or business; or be necessary to meet the minimum educational
requirements for qualification for employment. Permissible educational
expenses are refresher courses, courses dealing with current
developments, academic or vocational courses, as well as the travel
expenses associated with the courses.
d.Professional and trade journal subscriptions.
Subject to Internal Revenue Service regulations and with the written
prescription of a medical doctor, an employee may be reimbursed for a
personal health program as treatment for a diagnosed injury or illness.
Purchase of job related computer software and hardware, internet access,
telecommunications equipment and home office equipment/furniture.
Reimbursement for any of these expenses is taxable to the employee.
2.Professional Development Leave
Authorized paid leaves of absence for up to one year will be granted in accordance
with the following requirements:
a. Eligibility is subject to a minimum City service requirement of five years.
b.Compensation during the Professional Development Leave shall not
exceed 50% salary and full benefits.
When granted a Professional Development Leave shall require an
employee commitment of at least two-years’ service following return from
the Leave. To the extent the full two-year commitment is not fulfilled, the
employee shall re:pay the City a pro rata amount of the salary paid during
the Leave based on the percentage of the two-year commitment not
fulfilled.
13
]5
However, the maximum amount reimbursed under DCAP will be
reduced by any amount reimbursed under the Excess Benefit Plan.
c)Non-taxable Professional Development Spending Account.
Provides reimbursement for Non-Taxable professional development
expenses (e.,q., iob~related traininq and education, seminars, traininq
manuals, etc.) to the extent they are not paid or reimbursed under any other
.plan of the City.
d)Deferred Compensation. Provides a one-time contribution tothe employee’s
City-sponsored 457 Deferred Compensation plan with either ICMA-RE or the
Hartford.
Amounts desiqnated by employees to either the Medical FSA, Dependent Care
FSA, or Professional Development options are done so on a "use -it-or-lose-it"
basis. This means that any amounts desiqnated and not used by the end of the
calendar year for end of the extended .qrace period for the medical FSA) will be
forfeited by the employee and returned to the plan.
.Specified amounts under this benefit will be applied on a pro-rata basis for
employees who are part-time or who are in a manaqement or professional pay
status for less than the full fiscal year. Such benefits will be pro-rated in the first
year of employment (based on hire date) but will not be pro-rated upon separation
of employment.
5.Manaqement Annual Leave
~ ~o,,~ ~o ~t,~,4 to Forty_(40~ hour workweek
employees not eligible for overtime shall be credited .---Aat the beginning of
each fiscal year ,=~,~’~,~ ~’~’~,-,,,=’~o ,,,~" ~,~ ~.r~,4~t~,,4 with 80 hours of annual
leave which may be taken as paid time off, added to vacation accrual (subject
to vacation accrual limitations), taken as cash or taken as deferred
compensation. Entitlement under this provision will’be reduced on a prorated
basis for part-time status, or according to the number of months in paid status
during the fiscal year. Unused balances as of the end of the fiscal year will be
paid in cash unless a different option as indicated above is elected by the
employee.
56-Hour Work Week Assiqnment
Effective January 1,2008 and on each July 1 thereafter each Battalion Chief
who works a 56 hour workweek shall be credited with eighty (80) hours of
mana.qement leave. Manaqement leave will be subject to the same terms.
policies and procedures as apply to forty (40) hour workweek employees
.eligible for such leave as provided in section 1 above.
]7
Benefits" or portions thereof, may be extended for exceptional circumstances and
only the approval of the City Manager or designee.
The details of the Relocation Expense program are specified in the City’s Relocation
Expense policy.
JI.Retirement
Miscellaneous Member Pension Formula
Effective pay period inclusive of 1/6/07, the City’s California Public
Employees’ Retirement System (CalPERS) benefits shall chanqe to the 2.7%
at 55 formula for Miscellaneous members (from 2% at 55).
Employee Share of PERS Contribution
Effective May 1, 1984, the City a.qreed to pay the 7% employee contribution to
CalPERS on behalf of Miscellaneous CalPERS Plan members. Effective with
the pay period inclusive of 1/6/07, the City contribution was increased to cover
the cost of the 2.7 at 55 retirement formula. Beqinnin.q June 30, 2010, the City
shall pay 6% and the employee shall pay 2% of the 8% CalPERS employee
contribution for the 2.7 at 55 retirement benefit formula. For sworn fire
manaqement employees the City shal continue to pay the mandatory nine
percent (9%) of the employee’s Safety CalPERS Plan contribution.
!
fact
3.Conversion to Pay Rate
Notwithstanding subsection 2~ above, effective the pay period inclusive of
1/6/07, upon filing a notice of retirement, the 6% City-paid CalPERS
contribution [9% for Safety fire mana.qement personnel) will be converted to
a salary adjustment of equal amount on a one-time irrevocable basis for the
final compensation period which is defined as the hiqhest avera.qe
compensation earnable (salary) durin.q the year immediately precedinq
retirement or any other desiqnated consecutive ,,~rt,^,~,,~ ~,~,~tko
;~,~,,4;.~t,~,, ~,~,~ ÷~, ,~t~,~,~ Employee CalPERS contributions shall be
made on a tax deferred basis, in accordance with Section 414(h)(2) of the
]9
NM.
For employees completing fourteen (14), but less than nineteen (19) years
continuous service the accrual rate shall be one-hundred ei.qhty (180) hours
leave per year.
For employees completing nineteen 1_(_~ or more years continuous service the
accrual rate shall be two-hundred (200) hours leave per year.
Employees assigned to a 56-hour workweek schedule (24-hour shift) will accrue
vacation at the following rate for continuous service performed in a pay status.
For employees completing less than four 4.(_4_)_years continuous service, the
accrual rate shall be five (5) duty shifts per year.
For employees completing four (4), but less than nine (9) years continuous
service, the accrual rate shall be eight (8) duty shifts per year.
For employees completing nine_(_&1, but less than fourteen /14) years
continuous service, the accrual rate shall be ten _(10) duty shifts per year.
For employees completing fourteen (14), but less than nineteen (19) years
continuous service, the accrual rate shall be eleven (11) duty shifts per year.
_For employees completing nineteen (19) or more years continuous service,
the accrual rate shall be twelve (12) duty shifts per year.
Vacation Cash Out
Once each calendar year an employee may cash out eight 8_(_~_or more hours of
vacation accrual in excess of eighty (80) hours (or five 5_(_~_duty shifts), to a
maximum of ei.qhtv (80) hours (or five (5) duty shifts), provided that the employee
has taken a¢ ei.qhty (80) hours of vacation off with pay in the previous twelve (12)
months at ~’oo~ ÷h,~ ~,,,m~,~ ,~÷ h,~,,,-~ ~-oo~,=,4 ~,, ,~
OTHER PAID LEAVES
City Manager Granted Leaves
The City Mana.qer may .qrant a re.qular employee under his control a leave of
absence with pay for a period not exceedin.q thirty calendar days for reasons he
deems adequate and in the best interest of the City.
Council Granted Leave
The City Council may grant a reqular 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.
21
and the San Francisco Chronicle to be selected on an annua basis. Kitchen
cookinq utensils, small kitchen appliances and other specific items to be
determined by mutual a,qreement of the parties will be purchased from the
Station House Fund.
3. Per Diem Travel Expenses For City Business
Unless other mutually a,qreeabte arranqements are made, representation unit
employees who are required to travel away from the City on City business will
receive travel expenses, accordinq to City policies which are currently in effect.