HomeMy WebLinkAbout2004-08-09 City Council (16)4
City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
FROM: CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:AUGUST 9, 2004 CMR: 382:04
SUBJECT:APPROVAL OF RESOLUTIONS AMENDING THE MERIT SYSTEM
RULES AND REGULATIONS TO ADOPT A MEMORANDUM OF
AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS (IAFF, LOCAL 1319) AND ADOPTING A NEW
COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL
RECOMMENDATION
This report recommends Council approval of the attached resolution adopting a new
Memorandum of Agreement between the City of Palo Alto and the International Association
of Fire Fighters (IAFF, Local 1319) effective for the pay periods including July 1, 2004
through June 30, 2006. Also recommended is approval of the attached resolution amending
the Merit System Rules and Regulations to adopt a new compensation plan for non-
management Fire personnel.
BACKGROUND
Last year, Fire employees assisted in addressing the City’s financial situation by not only
taking a 0% salary increase but by also accepting a cap for health insurance at PORAC, a
Preferred Provider Organization that costs approximately $500 less per month than PERS
Care; and a two-tier retiree health program which reduces the City’s future liability for retiree
.health costs by requiring 20 years of PERS service, 5 in Palo Alto, in order to be eligible for
retiree health.
DISCUSSION
This year the City Manager is recommending a compensation plan adjustment for IAFF
Local 1319 employees based on labor market data and retention issues:
A 3% control point increase to all IAFF Local 1319 classifications effective July 1,
2004. Under the IAFF Memorandum of Agreement, control point adjustments are not
CMR:382:04 Page 1 of 3
automatically passed on to employees.
performance.
Individual employee salaries are based on
Continuing the 9% reversal of PERS retirement contribution payments until June
2006 to save $280,000. Under the 9% PERS reversal program, the City reduces
salaries by 9% and directly pays the employee’s pension contribution (9%) to PERS.
This program results in a savings of approximately $280,000 a year in overtime costs
because overtime is based on the reduced salary.
A 3% control point increase to all classifications effective July 1, 2005.
A 1% to 1.5% equity adjustment on January 1, 2006 based on labor market
comparison data.
Amending the City’s PERS contract to provide the Pre-Retirement Optional
Settlement 2 Death Benefit effective June 2006. The Pre-Retirement Optional
Settlement 2 Death Benefit provides the spouse of a deceased member who was
eligible to retire for service at the time of death with an alternate option to the lump
sum Basic Death Benefit. The surviving spouse can elect a monthly allowance equal
to the amount the member would have received if he/she had retired for service on
the date of death and elected Optional Settlement 2 (the highest monthly allowance a
member can leave a spouse).
RESOURCE IMPACT
The annual cost for the proposed IAFF compensation plan increase is estimated to be $0.5
million in 2004-05 and $0.6 million in 2005-06. This increase will be partially offset by
savings as a result of continuing a 9% reversal of ($280k/year). The annual cost of the PERS
amendment is 0.1% of salary ($10,000) beginning June 2006. The 2004-05 Adopted Budget
includes funding for $0.3 million of the compensation increase, with the remaining $0.2
million in funding to be included in the 2004-05 midyear report. Full 2005-06 funding will be
requested in next year’s proposed budget.
POLICY IMPLICATIONS
The action recommended by this report is consistent with City Council direction.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
CMR:382:04 Page 2 of 3
ATTACHMENTS
Attachment A -
Attachment B -
Resolution Adopting a Compensation Plan for Fire Department
Personnel (IAFF)
Resolution Amending Section 1501 of the Merit System Rules and
Regulations Regarding the Memorandum of Agreement Between the
City of Palo Alto and Local 1319, International Association of Fire
Fighters
PREPARED BY:
CITY MANAGER APPROVAL:
LESLIE LOOMIS
Director.of Human Resources
: HARRISON
Assistant City Manager
CMR:382:04 Page 3 of 3
ATTACHMENT "A"
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PAL0
ALTO ADOPTING A COMPENSATION PLAN FOR FIRE
DEPARTMENT PERSONNEL (IAFF)AND RESCINDING
RESOLUTION NO. 8362
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto
and made a part hereof by reference, is hereby adopted for Fire
Department personnel effective retroactively to the pay period
including July i, 2004 through June 30, 2006.
SECTION 2. The Compensation Plan adopted herein shall
be administered by the City Manager in accordance with the Merit
System Rules~and Regulations.
SECTION 3. The Compensation Plan shall
effect until amended or revoked by the Council.
continue in
SECTION 4. The Director of Administrative Services
hereby is authorized to implement the Compensation Plan adopted
herein in the preparation of forthcoming payrolls.
SECTION 5.Resolution No. 8362 is hereby rescinded.
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040729 sm 8120493 1
NOT YET APPROVED
SECTION 6.
under the California Environmental Quality Act and,
no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
The Council finds that this is not a project
therefore,
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Human Resources
Director of Administrative
Services
Fire Chief
040729 sm 8120493 2
CITY OF PALO ALTO
COMPENSATION PLAN
Fire Employees
EFFECTIVE:Pay period including July 1,2002
Through June 30, 200~
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Fire Personnel
SECTION I. SALARY
A.Salary Range Tables
Personnel covered by this plan shall receive compensation within the salary ranges set forth in the Salary
Range Tables that follow Section 11. The salary range for each position classification title and number is
expressed in bi-weekly and/or hourly rates along with the approximate monthly and/or annual equivalent.
B.Establishment of Salar~
The City Manager is authorized to make appointments to or advancements within the prescribed ranges upon
evaluation of employee qualification and performance.
Merit advancements from the first salary step to the second salary step shall be granted at six-month
intervals and between the second and subsequent steps at one-year intervals if the affected employee has
demonstrated continued improvement and efficient and effective service. For the purpose of determining
step time requirements, time ,will commence on the first day of the month coinciding with or following
entrance onto a salary step. Paramedic, Haz Mat and EMT Differentials do not constitute entrance into a
salary step for the purpose of determining step time requirements. Step increases shall be effective on the
first day of the payroll period in which the time requirements have been met. The City Manager, in
recognition of unusual circumstances or extraordinary performance, may authorize special merit
advancement.
In the event that a downward.adjustment of a salary range indicates a reduction in the established salary of
an individual employee, the City Manager may, if circumstances warrant, continue the salary for such
employee in an amount in excess of the revised range maximum for a reasonable period of time. Such
interim salary rates shall be defined as "Y-rates". Additionally, paramedics with six or more years of Palo
Alto paramedic service will be Y-rated upon cessation of assignment.
SECTION II. SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I above, may receive
special compensation as follows. Eligibility shall be in conformance with the Merit Rules and Regulations and
Administrative Directives issued by the City Manager for the purposes of classification and interpretation.
A.Overtime Premium Rate and Standby, Pay
Shift personnel assigned to overtime relief duty in addition to their regular 56-hour shift schedule shall
receive overtime compensation at a rate of one and one-half times the employee’s basic 56-hour rate, or out-
of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training will be
compensated at the rate of one and one-half times the basic 40-hour rate or as otherwise agreed, and-~
Emergency callback will be compensated at a rate of one and one-half times the basic 40-hour rate to a
maximum of 8 hours, and at a rate of one and one-half times the basic 56 hour rate for those hours in excess
of 8 hours.
Overtime duty assignments will first be made from the voluntary overtime list. If such assignments cannot
be filled from the voluntary overtime list, the vacant position will be filled by moving up on-shift personnel
through out-of-class assignment. Any remaining vacancy will then be filled by overtime duty assignment
made in reverse order of hire date seniority according to specialty and qualifications required to be assigned.
The overtime duty assignment seniority list will be adjusted to clear record of assignments semi-annually on
April 30 and October 31.
Employees receiving fire/arson investigation pay must be available to respond to Palo Alto Civic Center within
one hour of call out.
B.WorkingOut of Classification
All represented employees who are assigned work in a higher classification for longer than four (4)
continuous hours will be compensated at a higher pay rate for all hours worked during the out-of-class
assignment. This provision applies as follows:
Firefighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step.
Representation unit classification working as a Battalion Chief, 10% above E-Step Captain, but not to
exceed 93% of Battalion Chief control point. Representation unit classification working in any other
management position, within the range of the management position.
C.Haz Mat Differential
Effective begLnn!ng "-’;+~ +~ ....... .~.a ;..1...~;.. July 1, 1990, a maximum of nine positions who are
primarily assigned to Rescue -1- and who are Haz Mat trained and certified will receive a 5% differential in
addition to their base salary. This differential does not apply to minimum staffing replacements.
D. EMT Differential
Represented classifications, who maintain EMT certification, will receive a 3% differential in addition to
their base salary. The EMT differential includes compensation for EMT paramedic support. EMT
certification for all suppression personnel is mandatory.
E. Fire Inspector Differential
In-Lieu of Holiday
~r pay period in l!eu
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G. Pay for Court Appearance
Sworn Fire Personnel appearing in court for the People shall be compensated as follows:
Period Rate Minimum
Appearance on scheduled day off Time and one-half at 40-hour 4 hours
rate.
Any or all court time during Straight time during shift at None
scheduled shift.56-hour rate.
Time and one-half 40-hour rate.Appearance on scheduled
workday but not during
scheduled shift.
2 hours (2-hour
minimum may not run
into shift time)
no
The employee shall remit all fees received for such appearances to the City within 30 days from the
~e~na~on of his/her services, Compensation for mileage ,or subsistence~al!ow~c.e~.~sh~!d, not be
~0nsideredas .a, fee and shall be retained by the employee~
Paramedic Differential
Paramedics who have completed the required training and been certified in accordance with the program
will receive a 12.5% differential in addition to their base salary effective beginning with the date of
assignment to rotational Paramedic duty. The Paramedic salary differential will terminate with the cessation
of assignment to rotational Paramedic duty, except that paramedics with six or more years of Palo Alto
paramedic service will be Y-rated upon cessation of assignment.
Paramedics will receive a one-time cash payment of $500 for each bi-annual recertification. This provision
applies only to active incumbents of authorized paramedic positions who remain in the paramedic
assignment for at least one additional year after recertification.
5
The one year requirement after recertification does not apply to those paramedics who may leave the
program because of work-related injury or illness, or promotion, nor does it apply when a paramedic is asked
by management to recertify in order to voluntarily extend their paramedic service to meet special
departmental needs for a period of less than one year.
Paramedic proctoring assignments will be made by the Chief from among qualified volunteers. Payment of
$600 will be made to the primary proctoring paramedic at the conclusion of each proctoring assignment.
The Chief will establish a list of qualified proctors from among volunteers on an annual basis. Personnel
will be selected by the EMS Chief from the list to serve as paramedic proctors. If a conflict arises between
the City and the Union regarding the Proctor Program, either side may suspend the program at the annual
renewal period and shall remain suspended until a resolution or agreement is reached.
I.Retirement Medical Plan
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in
accordance with the Public Employees’ Medical and Hospital Care Act Resolution.
Retiree Medical coverage for Unit employees hired after January 1, 2004 shall be mo~Cied as follows:
a) Twenty (20) ye~ vesting in PERS system for the full retiree medical benefit, including a
minimum of five (5) years with City of Palo Alto. Eligible ~mploy~s ~ receive Fifty (50)
percent of benefit after ten (10) ye~s; each additional se~ice credit ye~ after Ten (10) ye~ will
increase employer credit by Five (5%) percent until Twenty (20) ye~s is reached at which time
employee is eligible for One Hun&ed (100%) percent and Ninety (90%) percent for dependents ~
~. The City of Palo Alto’s health premium contAbution for eligible post Janu~ 1, 2004
hires shall be the minimum contAbution set by PERS under Section 22825.5 based on a weighted
average of available health plan pre~ums.
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J.Group Insurance
1.PEMHCA Health Plan
(a)Benefits will be provided in accordance with provisions of the PEMHCA Health Plans. Monthly City-
paid premium contributions for an employee-selected PEMHCA optional plan will be made to the
maximum amount indicated in each category.
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 PORAC or
Premium for plan selected
Not to exceed the or -P-remitrm
Premium for plan selected
Not to exceed the PORAC or Prcr:’.2um
,higher
(b)Active employee domestic partners who meet the requirements of the City of Palo Alto Declaration of
Domestic Partnership, and are registered with the Human Resources Department, are eligible for
reimbursement of the actual monthly premium cost of an individual health plan, not to exceed the
hverag~ monthly pre~u~cost of individual P-ORAC.~l,,..,...~"~ ...... v.,,-..~..l.~ ...... ,,,,,,~ ~0verag~ ~.i]-fider ~
PEMC~ ~al~p!~s. Evidence of premium payment will be required with request for reimbursement.
(c) Alternate Medical Benefit Program
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 fight to
the City of Palo Alto’s medical insurance coverage for same individuals.
7
Employees electing alternative coverage and no City coverage will receive cash payments of
approximately half of the "averaged monthly premiums" for their medical insurance coverage.
"Averaged monthly premiums" are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice
PPO premiums for the employee’s City medical coverage available through the Public Employee
Retirement System (PERS).
The rates for 2004~are as follows:
One Party:
Two Party:
Family:
2. Dental Plan
(a)The City ~ ~ill maintain the present level of benefits on the City-sponsored dental program.
Maximum benefits per calendar year shall be $2,000.
(b)The City will provide a 50% of reasonable charges, $1500 lifetime maximum orthodontic benefit for
representation unit employees and their dependents.
(c) The City shall pay all premium payments or equivalent self-insured program changes on behalf of
employees and dependents that are eligible and enrolled for coverage under the existing dental plan.
Dependents will include domestic partners, as defined under Section J 1 (b).
K.Vision Care
The City offers vision care coverage for employees and dependents. Coverage is equivalent to $20
Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer.
Dependents include domestic partners as defined under Section J 1 (b).
L.Life Insurance
The City will pay the following amounts of premium on behalf of Fire personnel:
Basic Life Insurance and
Basic ADD
(per $1,000 of coverage)
M. Tuition Reimbursement
Per Pay Period Per Month (approx)
$.115 $.25
N.Retirement Benefits
The current Public Employees’ Retirement System (PERS) benefits, known as the "3 percent at 50" Plan
shall continue in effect. Employees in represented classes will make PERS member contributions by
payroll deduction. The City will provide for member contributions to be made as allowed under
provisions of IRS Code Section ~414(h)(2).
2.Military Service Credit. The City will provide the Public Employees’ Retirement System benefit known
as "Section 20930.3, Military Service Credit as Public Service".
°’~^~’~’~ a!’ "-;" "’"~0":""""~0 Will hx,’e thoir calariec, reduced by 9%. o ..... ~-*’" -t ~he City
will ~ pay~ the employees 9% PERS contribution. This payment will be repoged to PERS as
special compensation ma~ng the 9% "PERSable". ~;~..,~ ...... v.~,,~,~..;~; ..... ,,._;" .~.,~m-in, in ~
4.The Pre-Retirement Optional Settlement 2 Death Benefit provides thespouse of a deceased member, who
was eligible to retire for service at the time of death, with an altemate option to the lump sum Basic Death
Benefit whereby the surviving spouse can elect a monthly allowance equal to the amount the member
would receive if he/she had retired from service on the date of death and elected Optional Settlement 2
(the highest monthly allowance a member can leave a spouse).
O.Dependent Care Assistance Program
The City will provide a dependent care assistance program for employees according to the provisions of the
Federal Economic Recovery Act of 1981, Code Sections 125 and 129.
9
The program will be available to representation unit employees beginning with pay period number 1 of
1994, and remain in effect subject to a reasonable minimum participation level and availability of third party
administrative services at a reasonable cost.
P.Commute Incentives and Parking
Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free
parking in the Civic Center Garage, or a commute incentive, which will be subject to meet and confer. New
employees hired after July 1, 1994, may initially receive a parking permit for another downtown lot, subject
to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will
receive Civic Center parking temporary permits for the duration of the light duty assignment.
Represented employees who qualify may voluntarily elect one of the following commute incentives:
Public Transit. The City will provide monthly Commuter Checks worth the value of:
$60 for employees participating in a City of Palo Alto employee administered commuter highway vehicle,
$40 for employees traveling ~ tW0 or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train or a public commuter highway
vehicle;
$35 for employees traveling ~ ~ithin one zones-on Caltrain;
$35 for employees using VTA, and other buses.
These cc, mmuta~ checks ~e pret~edand may be used toward the purchase of monthly transit passes, or the
cost of participation in commuter highway vehicles.
Carpool. The City will provide .....1 o,,~,o~:~o ,, $30 per month (t~able income) to each eligible
employee in a carpooi with two or more licensed drivers.
Bicycle. The City will provide $20 per month (taxable income) ~ to eligible employees who
ride a bicycle to work.
Walk. The City will provide $20 per month ~(~able income) v,~a~4~+~J4i,s to eligible employees who
walk to work.
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C -
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ATTACHMENT "B"
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 1501 OF THE MERIT SYSTEM
RULES AND REGULATIONS REGARDING THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
LOCAL 1319,INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS
NOW, THEREFORE, the Council of the City of Palo Alto
does RESOLVE as follows:
SECTION i. Section 1501 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1501. Memorandum of agreement incorporated by
reference. That certain Memorandum of.agreement
by and between the City of Palo Alto and Local
1319, International Association of Fire
Fighters, consisting of Preamble and Articles I
through XLIII, for a term commencing July i,
2004, and expiring June 30, 2006, is hereby
incorporated into these Merit System Rules and
Regulations by reference as though fully set
forth herein. Said memorandum shall apply to
all employees in classifications represented by
said Local 1319, International Association of
Fire Fighters, except where specifically
provided otherwise herein.
In the case of conflict with this chapter and
any other provisions of the Merit System Rules
and Regulations, this chapter will prevail over
such other provisions as to employees
represented by said Local 1319, International
Association of Fire Fighters."
SECTION 2. The changes provided for in this resolution
shall not affect any right established or accrued, or any
offense or act committed, or any penalty of forfeiture incurred,
or any prosecution, suit, or proceeding pending or any judgment
rendered prior to the effective date of this resolution.
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040729 sm 8120494
NOT YET APPROVED
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore,
no environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Director of Human Resources
Director of Administrative
Services
Fire Chief
040729 sm 8120494 2
MEMORANDUM OF AGREEMENT
CITY OF PAL0 ALTO and LOCAL 1319, I.A.F.F.
July 1, 2003-2004 - June 30, 20042006
PREAMBLE
This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as
the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred
as the "Union", has been prepared and entered into in accordance With Title I, Division 4,
Chapter 10, Sections 3500-3510 of the California Government Code and Chapter 12 of the
City of Palo Alto Merit System Rules and Regulations.
ARTICLE I - RECOGNITION
Section 1. The City recognizes the Union as the exclusive representative of an employee
group consisting solely of the classifications of Fire Apparatus Operator, Fire Fighter, Fire
Captain, Fire Captain (forty-hour assignment), Fire Inspector, Hazardous Materials
Specialist, and Hazmat Inspector, who are regularly employed by the City and others as
amended into the representation unit from time to time under existing law and the Merit
System Rules and Regulations.
ARTICLE II - NO DISCRIMINATION
Section 1. The Union and the City hereby agree that there shall be no discrimination
because of race, color, age, handicap, sex, national origin, sexual orientation, political or
religious affiliation under this Agreement. There shall be no discrimination in employment
conditions or treatment of employees on the basis of membership or non-membership in
the Union, or participation in the lawful activities of the Union.
Section 2. The Union and the City hereby agree to protect the rights of all employees to
exercise their free choice to join the Union and to abide by the express provisions of
applicable State and local laws.
Section 3. Human Relations Committee. A ;’-’;’~* ,.,-,,~,m;,+,~ for Human Relations
Committee ,.,ill F,~ ~,÷~I~Ii~,I~a~I ,.4, ,rir~n ÷I~a ÷ .... f mio o,-,..-.,==~.,, The~,emmit4ee ill
include up to five members appointed by the Union executive board and at least two
members of management with representation from the Fire and Human Resources
Departments. The committee may make recommendations to management regarding
recruitment outreach, equal employment opportunity and career development programs.
ARTICLE III PAYROLL DEDUCTIONS- AGENCY SHOP
Section 1. The City shall deduct Union membership dues and pay other mutually agreed
upon payroll deduction from the bi-weekly pay of member employees. The dues deduction
must be authorized in writing by the employee on an authorization card acceptable to the
City and the Union. The City shall remit the deducted dues to the Union as soon as
possible after deduction.
All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the
tenth day following signing of this Memorandum of Agreement must remain on payroll
deduction for the life of the Memorandum of Agreement, or so long as they remain
members of the representation unit. Union members who establish dues payroll deduction
during the term of the Memorandum of Agreement must remain on payroll deduction for
the life of the Memorandum of Understanding, or so long as they remain members of the
representation unit. Union members on dues payroll deduction may declare their intention
to terminate such payroll deduction following expiration of this Memorandum of Agreement
during the thirty-day period between sixty and ninety days prior to expiration of the
Memorandum of Agreement.
Section 2. Aqenc¥ Shop - Pursuant to legislation enacted by SB 739 and amendment to
the Meyers-Milias-Brown Act, the City and the Union agree to abide by the following
provisions as they relate to an agency shop and an agency shop election.
1. Agency Shop as defined under Meyers-Milias Brown means "an arrangement that
requires an employee, as a condition of continued employment, either to join the
recognized employee organization, or to pay the organization a service fee in an
amount not to exceed the standard initiation fee, periodic dues, and general
assessments of the organization." The City and the Union agree that an agency shop
arrangement between the City and the Union shall be placed in effect upon ratification
of this agreement.
2. Any employee who is a member of a bona fide religion, body, or sect that has
historically held conscientious objections to joining or financially supporting public
employee organizations shall not be required to join or financially support any public
employee organization as a condition of employment. The employee may be required,
in lieu of periodic dues, initiation fees, or agency fees, to pay sums equal to the dues,
initiation fees, or agency fees to a nonreligious, nonlabor charitable fund exempt from
taxation under Section 501(c)(3) of the Internal Revenue Code, chosen by the
employee from a list of at least three organizations, or if the memorandum of
understanding between the City and the Union fails to designate the funds, then to any
such fund chosen by the employee. Proof of the payments shall be made on a
monthly basis to the City as a condition of continued exemption from the requirement
of financial support to the Union.
3. Covered employees shall execute written authorization for either Union dues
deductions, the agency fee, or, if eligible, the charitable contribution. In the absence of
a written authorization the City shall deduct the agency fee from the employees
paycheck.
4. If implemented, an agency shop provision may be rescinded by a majority vote of
all the employees in the unit covered by the Memorandum of Understanding Pursuant
to the Meyers-Milias-Brown Act.
5. The Union shall keep an adequate itemized record of its financial transactions and
shall make available annually, to the City and to the employees who are members of
the organization, within 60 days after the end of its fiscal year, a detailed written
financial report thereof in the form of a balance sheet and an opening statement,
certified as to accuracy by its president and treasurer or corresponding principal
officer, or a certified public accountant.
6. The Union shall indemnify and hold the City harmless against any liability arising
from any claims, demands, or other action relating to the City’s compliance with the
agency shop obligation. The Union shall comply with all statutory and legal
requirements with respect to Agency Shop.
ARTICLE IV - UNION ACTIVITIES
Section 1. Local 1319 officers may use a reasonable amount of on-duty time to attend to
Union business specifically related to representation of employees so long as:
a. Staffing is available
b. Operations are not interrupted
c. Advance approval is obtained from the Battalion Chief or Operations Chief
Section 2. Interoffice Mail, ap, d Bulletin Boards, and E-Mail. The Union shall have
access to interoffice mail and existing bulletin boards in unit employee work areas for the
purpose of posting, transmitting, or distributing notice or announcements including notices
of social events, recreational events, Union membership meetings, result of elections and
reports of minutes of Union meetings. Any other material must have prior approval of the
Battalion Chief or Operations Chief. Action on approval will be taken within 24 hours of
submission.
The Union may send e-mail messa,qes only for the purposes set forth above. The I.T.
Division will maintain the IAFF list. The Union access to e-mail is based on the followinq
conditions:
1) E-Mails to the IAFF list will be copied to the HR Director at distribution.
2) E-Mails to the IAFF list will only be sent by the IAFF Chapter Chair, Vice Chair,
Chief Steward or Secretary.
Section 3. Use of Meetinq Places. The Union shall have the right to reserve City
meeting and conference rooms for use during non-working hours or as subject to Battalion
Chief approval. Such meeting places will be made available in conformity with City
regulations and subject to the limitations of prior commitment.
ARTICLE V - NO STRIKES
Section 1. The Union, its representatives, or members, shall not engage in or cause,
instigate, encourage, sanction, or condone a strike, withholding of services, leave of
absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto
or its citizens by employees covered under this Agreement. No employee shall refuse to
cross any picket line in the conduct of Fire Department business, nor shall the Union, its
representatives or members discriminate in any way toward anyone who refuses to
participate in a strike, or any of the job actions cited above.
ARTICLE VI -PROBATIONARY PERIOD
Section 1. All original appointments to regular or part-time municipal service positions
shall be tentative and subject to a probationary period, fixed by the appointing authority at
the time of appointment, or twelve months.
Section 2. The probationary period shall be regarded as part of the testing process and
shall be utilized for closely observing all aspects of the employee’s qualifications, for
ensuring the effective adjustment of a new employee to the position and for rejecting any
probationary employee who, in the opinion of management, is not suitable to attain
permanent status.
Section 3. During the probationary period a new employee may be suspended or
terminated at any time by the appointing authority without cause and without right of appeal
or to submit a grievance. Said employee shall not have the right to proceed to arbitration
on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those
of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit
relating to the termination of a probationary employee.
ARTICLE VII - SALARY PROVISIONS
Section 1.
a.Effective with the pay period includinq July 1,2004, a 3% increase at the 5th Step
will be applied to the salary ran.qes of all represented classes.
Effective with the pay period includinq July 1,2005, a 3% increase at the 5lh Step
will be applied to the salary ran.qes of all represented classes.
Effective with the pay period includinq January 1,2006, a 1% increase at the 5th
Step will be applied to the salary ran.qes of all represented classes. This increase
4
represents ef the deferred market adjustment based on unit classifications beinq in
excess of 5% below total compensation data for aqreed upon comparison aqencies
as of June 2004.
The City will complete a total compensation survey for unit classification in October
2005. If unit classifications continue to be below market an additional increase of
up to one-half (1/2%) percent will be added to the one (1%) percent increase
January 2006.
Section 2. Out-of-Class Compensation. All represented employees who are assigned
work in a higher classification for longer than four (4) continuous hours will be
compensated at a higher pay rate for all hours worked during the out-of-class assignment.
This provision applies as follows:
Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher
classification: Step to step. Representation unit class working as a Battalion Chief,
10% above 5th-Step Captain, but not to exceed 93% of Battalion Chief control point.
Representation unit class working in any other management position, within the range
of the management position.
Section 3. Pay for Court Appearance. Sworn Fire personnel appearing in court for the
People shall be compensated as follows:
Period Rate Minimum
a. Appearance on scheduled Time and one-half at 4 hours
day off 40-hour rate
b. Any or all court time Straight time during None
during scheduled shift shift at 56-hour rate
Co Appearance on scheduled
work day but not during
scheduled shift
Time and one-half at
40-hour rate
2 hours
(2 hour minimum, may
not run into shift time)
The employee shall remit all fees received for such appearances to the City within thirty
days from the termination of his/her services. Compensation for mileage or subsistence
allowance shall not be considered as a fee and shall be retained by the employee.
Section 4. Classifications. The Haz Mat Inspector position will be paid at the same level
as the Fire Inspector (603).
5
One Fire Captain position will be assigned to a Fire Captain (Forty-hour Assignment) with
the pay set at 5% above the Fire Captain.
ARTICLE VIII - PAY DIFFERENTIALS
Section 1. Paramedic Differential. Paramedics who have completed the required
training and have been certified in accordance with the program will receive a 12.5%
differential in addition to their base salary effective beginning with the date of assignment
to rotational Paramedic duty. The Paramedic salary differential will terminate with the
cessation of assignment to rotational Paramedic duty, except that paramedics with six or
more years of Palo Alto Paramedic service will be Y-rated upon cessation of assignment.
Section 2. Haz Mat Differential. Effective beginning with the pay period including July 1,
1990, a maximum of nine positions who are primarily assigned to rescue and who are Haz
Mat trained and certified will receive a 5% differential in addition to their base salary. This
differential does not apply to minimum staffing replacements.
Section 3. EMT Differential. Represented classifications, who maintain EMT certification
will receive a 3% differential in addition to their base salary. The EMT differential includes
compensation for EMT paramedic support. EMT certification for all suppression personnel
is mandatory.
Section 4 Fire Inspector Differential =~f,~,-,,=,,,~ ~ .........= t or~n~ == .......... ~,,,h,-,
~...."~ ’-’y ....~’"~’ ~’’~" ......’~’’~ ...."’"’ ~ ...."~’" ~3 ’~’ ~’’ ~ ~’~’’~
Effective January 1,2003, Fire personnel who have been trained as fire investiqators and
who are reqularly assi.qned to fire investiqation duties by the Chief shall be compensated
with premium pay in the amount of $500 per month. The Chief reserves the right to
determine who is reqularly assignedto such duties.
ARTICLE IX - HOLIDAYS
hn, ,rS etr~inht ÷irn,~ r,~n, ,l~r n~,, n,~r n~,,~n,~ri,",H in !igU ’’f hA .....iH~"c’1’-’ tn a
149.5 h~’’ ’rs ........
The followinq holidays are recoqnized as municipal holidays for pay purposes, and
re.qular, employees shall have these days off with pay, except as otherwise provided in
6
these rules:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4t" ¯ ’
First Monday in September
Second Monday in October
Veterans’ Day, November 11
Thanksqivin.q Day
Day after Thanksqivin.q Day
December 25
Either December 24, or December 31 as provided
below
149.5 hours is the total amount of holiday hours paid annually to an employee divided
by 26 payroll periods which equals 5.75. Shift personnel may elect to receive pay in
lieu of takin.q paid leave for accrued holidays. Such paid hours are in addition to the
normal biweekly base pay and should be recorded as: 87750010 41F. Shift personnel
will accumulate a biweekly amount of 5.75 hours. Hours are prorated and accrued
based on hours actually worked. If employees elect to be paid for these hours at any
time before the scheduled payoff, they must make sure they have sufficient hours in
their Holiday account and record the hours on their timecard in the total columns of the
timecard only.
Accrued Holiday balances will be automatically paid off if not taken by timecard entry
(Code 150) or payment in-lieu (Code 41F), in the months of June and December.
Section 2.
a.Personnel assigned to a 40-hour work schedule will receive paid holidays in
accordance with Sections 517 and 518 of the Merit System Rules and Regulations.
bo Personnel assigned to a 40-hour work schedule will receive floating days off with
pay in each of the following months: August, September, March, April, and June.
The following conditions will hold:
(1)Management will designate the schedule of the paid day off under this section
at least thirty days in advance.
(2)If, in conformance with this section, Management is unable to schedule a day
off in the month indicated for reasons of shift operations, work scheduling or
any other reason, the day will be added to the employee’s vacation accrual.
(3)If an employee fails to take a day off as scheduled by Management under this
section, the day off so scheduled will be forfeited.
7
ARTICLE X - OVERTIME COMPENSATION
Section 1. Shift personnel assigned to overtime relief duty in addition to their regular 56-
hourshift schedule shall receive overtime compensation at a rate of one and one-half
times the employee’s basic 56-hour rate, or out-of-class rate if such applies, for all hours of
the relief duty shift. Required off-duty training will be compensated at the rate of one and
one-half times the basic 40-hour rate or as otherwise agreed. Emergency callback will be
compensated at a rate of one and one-half times the basic 40-hour rate to a maximum of 8
hours, and at a rate of one and one-half times the basic 56-hour rate for those hours in
excess of 8 hours.
Overtime duty assignments will first be made from the voluntary overtime list. If such
assignments cannot be filled from the voluntary overtime list, the vacant position will be
filled by moving up on-shift personnel through out-of class assignment. Any remaining
vacancy will then be filled by overtime duty assignment made in reverse order of hire date
seniority according to specialty and qualifications required to be assigned. The overtime
duty assignment seniority list will be adjusted to clear record of assignments semi-annually
on April 30 and October 31.
ARTICLE XI - MINIMUM STAFFING
Section 1. Fire Department administration and the Union have agreed to the following for
clarification of minimum suppression staffing:
ao Thirty-one (31) fire suppression personnel (exclusive of the Battalion Chief) shall be
scheduled per shift (when station 8 is open). Replacement personnel will be recalled
when absences will cause staffing to fall below 31, except in the instances of:
(1)Emergency illness or absences occurring after 11:00 p.m, in which case staffing
may be at 30 until 8:00 a.m.
(2)Whenever absences will cause staffing of the Truck Company to fall below three
persons for five hours or less, and such absences are not anticipated to exceed five
hours.
bo It is further agreed that in achieving minimum staffing set forth herein, engine, truck and
combination rescue companies shall not be reduced from the level of one Fire Captain,
one Fire Apparatus Operator and one Fire Fighter, except as indicated in Sections
1.a.(1) and (2) of this article. Paramedic unit minimum staffing shall be two certified
Paramedics. The Foothill Fire Station #8, when activated by the Fire Chief, shall be
staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter.
c. The minimum recall for suppression minimum staffing shall be four (4) hours.
8
ARTICLE XII - FIRE DEPARTMENT PROGRAMS
Section 1. The Union agrees to continue its cooperation and participation in existing
weather station and community blood pressure screening and measurement programs.
ARTICLE Xlll - WORK ASSIGNMENTS AND TRANSFERS
It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments
and transfers will reflect the best interests of the Fire Department and the City. The Fire
Department will maintain a constant state of readiness to defend against fire and other
disasters. It is therefore imperative that all Fire Department divisions assign personnel in
the best manner to respond to the needs of the City and the Department. It is also
acknowledged that the Fire Chief is responsible to make and/or approve the work
assignments or transfers of Fire Department personnel.
The Fire Chief or designee will maintain a three-year station and shift assignment,
seniority-based bid system covering the following classifications within Fire Operations on a
rotational basis: Fire Captain, Apparatus Operator and Fire Fighter.
The Fire Chief, or his designee, shall initiate personnel assignments and transfers to
balance platoon or division strength, fill permanent or temporary vacancies and provide
required training to individual personnel. Such assignments will be based on seniority,
except where career development, training, special assignments, skills and documented
performance issues are specifically identified in writing, management may make
assignments based on such issues. For purposes of this article, seniority shall be
computed from the date of entry into the current classification.
Section 1. Shipouts. When possible, least senior Fire Fighters will be given short term or
shipout relief duty. In order to maintain training continuity, shipouts of probationary
personnel will not be permitted during the first three-month training cycle. Probationary fire
fighters will be assigned to Stations 3, 4, 5, or 6 during their probationary period, filling
vacancies first, when possible. Upon completion of the first three-month training cycle, the
probationary fire fighter will be eligible for short term or shipout relief duty. If after
completion of the first three-month training cycle, a probationary employee fails any
monthly testing process, or is the subject of identified training needs, the probationary
employee will be removed from short term or shipout relief duty for a 60-day period.
Section 2. Vacation Relief Positions. In order that platoon strengths can be balanced
more quickly and to reduce the need for excess overtime, two positions will be designated
for vacation relief. These positions will be the lowest two on the Department seniority list
who have completed their probationary period.
a.The vacation relief persons will be assigned to one station when not on relief
assignment.
9
Relief assignment can be made to any Station or shift where a shortage of
personnel will cause unnecessary overtime.
Shortages may be caused by vacation, sick leave, disability or any leave of
absence that causes a shift to be short of personnel while another has a surplus.
d.Shift transfers will be made so as not to cause the relief person to work more than
the prescribed number of hours in the prescribed period.
e.Relief assignments will be made and hours will be coordinated by the Battalion
Chief’s office.
Section 3. Transfer Requests. Non-probationary fire personnel may submit transfer
requests to their immediate supervisor to be forwarded to the appropriate chief officer.
Providing that Departmental needs are satisfied, such transfers will be administered using
first a mutually agreeable exchange, secondly seniority.
The transfer requests shall remain on file during the year and may be granted when a
vacancy occurs, providing the requesting employee possesses the experience and
performance ability required to fill the vacancy.
Section 4. Special Assiqnments. Management reserves the right to assign personnel to
career development opportunities, special projects, seminars, programs and selected
educational and/or training courses, based on Fire Department needs and the performance
of the employee. Minimum staffing levels shall be maintained.
Section 5. Continuous Hourly Service. Continuous hours of service in excess of 72
hours are subject to approval by the Fire Chief or designee. Approval may be granted
when an employee has not been engaged in a greater than usual level of activity or is not
fatigued.
ARTICLE XIV - TRAINING COORDINATION
Section 1. Three shift employees per platoon may be assigned to assist the Training
Officer in the coordination, preparation and scheduling of the training program. It is agreed
that volunteers will first be sought for such assignment, and further agreed that the details
of this section shall be established by mutual agreement between the Fire Chief and the
Union.
ARTICLE XV = PARAMEDIC ASSIGNMENT
Section 1. The City reserves the right to limit eligibility for the Paramedic Program to the
Fire Fighter classification. The City may, at its discretion, add other classifications within
the represented bargaining unit to meet the need of program changes. Differentials for
other classifications will be as provided in Article VIII, Section 1.
10
Section 2. As the Program progresses, Management will assess the need for training
additional Paramedic candidates. It is Management’s intention to provide for such
additional training as necessary for Program continuity.
Section 3. Paramedics will receive a one-time cash payment of $500 for each biennial
recertification. This provision applies only to active incumbents of authorized paramedic
positions who remain in the paramedic assignment for at least one additional year after
recertification. The one year requirement after recertification does not apply to those
paramedics who may leave the program because of work-related injury or illness, or
promotion, nor does it apply when a paramedic is asked by management to recertify in
order to voluntarily extend their paramedic service to meet special departmental needs for
a period of less than one year.
Section 4. Paramedic proctoring assignments will be made by the Chief from among
qualified volunteers. Payment of $600 will be made to the primary proctoring paramedic at
the conclusion of each proctoring assignment.
The Chief will establish a list of qualified proctors from among volunteers on an annual
basis. Personnel will be selected by the EMS Chief from the list to serve as paramedic
proctors. If a conflict arises between the City and the Union regarding the Proctor
Program, either side may suspend the program at the annual renewal period and shall
remain suspended until a resolution or agreement is reached.
ARTICLE XVI - FIRE FIGHTER APPRENTICE PROGRAM
Section 1. The Union agrees to assist the City in the implementation of an apprentice,
training and affirmative action program. Trainees under such programs shall be provided
with all benefits, including retirement benefits, of other fire fighters except salary.
Section 2. Employees hired under the apprentice training program may begin fire fighting
suppression work after they have reached the Trainee II level. Minimum staffing levels, as
set forth above shall be determined by excluding all trainees.
Section 3. Local 1319 shall be represented and entitled to participate in all stages of the
testing process, and representatives from Local 1319 shall make recommendations to the
department concerning the qualifications of any apprentice.
ARTICLE XVII -PROMOTION
Section 1. All regular promotions from classifications within the representation unit to the
classification of Fire Captain will be made at the fifth step on the salary range.
Section 2. For promotions to positions within the representation unit, promotion process
information will be available in the Human Resources Department office at the time of
posting. Information will include applications, minimum qualifications, study material
reference information, if appropriate, and information on passing scores. Any changes in
11
an established testing process must be submitted in writing to the Union for review and
input no fewer than 60 days prior to the beginning of the process.
ARTICLE XVlll - REDUCTION IN FORCE
Section 1. If the work force is reduced (reduction in force) within a represented
classification, unit employees having the shortest length of service with the Fire
Department will be laid off first so long as employees retained are fully qualified, trained
and capable of performing remaining work.
ARTICLE XIX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY
Section 1. Management may use selective call back with regard to residency in cases of
emergency.
ARTICLE XX - HEALTH BENEFITS
Section 1. Except as otherwise set forth herein, the City will maintain the present level of
benefits on all City-sponsored medical programs.
Section 2. Vision Care. The City offers vision care coverage for employees and
dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service
Plan, with monthly premiums paid by the employer. Dependents include domestic
partners, as defined under Section 3(b).
Section 3. PEMHCA Health Plan.
a=Benefits will be provided in accordance with provisions of the PEMHCA Health Plans.
Monthly City-paid premium contributions for an employee-selected PEMHCA optional
plan will be made to the maximum amount indicated in each category.
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 ~ PORAC or Blue
Shield premium e~ whichever is hiqher ~-emium
Premium for plan selected
Not to exceed the P-ORA~ Blue Shield Premium
or whichever is hiqher
Premium for plan selected
Not to exceed the P-ORA~ Premium o._zr
whichever is hiclher
12
Active employee domestic partners who meet the requirements of the City of Palo
Alto Declaration of Domestic Partnership, and are registered with the Human
Resources Department, will be eligible for reimbursement of the actual monthly
premium cost of an individual health plan, not to exceed the average monthly
premium cost of individual coverage under the PEMHCA health plans. Evidence of
premium payment will be required with request for reimbursement.
c. Alternate Medical Benefit Program.
If a regular employee and/or the employee’s dependent(s) are eligible for
medical insurance through another employer-sponsored or association medical
plan, the employee may opt for alternative medical insurance coverage through
the other employer-sponsored or association plan and waives his/her right to the
City of Palo Alto’s medical insurance coverage for same individuals. Employees
electing alternative coverage and no City coverage will receive cash payments of
approximately half of the "averaged monthly premiums" for their medical
insurance coverage. "Averaged monthly premiums" are the average of the
Kaiser HMO, Blue Shield HMO and PERS Choice PPO premiums for the
employee’s City medical coverage available through the Public Employee
Retirement System (PERS).
The rates for 2005 are as follows:
One Party:$180.00
Two Party:$360.00
Family:$470.00
ARTICLE XXI - DENTAL BENEFITS
Section 1. The City will maintain the present level of benefits on the City-sponsored dental
program. Maximum benefits per calendar year shall be $2,000.
Section 2. The City shall pay all premium payments or equivalent self-insured program
charges on behalf of employees and dependents who are eligible and enrolled for
coverage under the existing dental plan. Dependents will include domestic partners, as
defined under Article XXf, Section 3(b).
Section 3. The City will provide a 50% of reasonable charges, $1,500 lifetime maximum
orthodontic benefit for representation unit employees and their dependents.
13
ARTICLE XXII - LIFE INSURANCE
Section 1.
personnel:
The City will pay up to the following amounts of premium on behalf of Fire
Per Pay Period Per Month (Approx.)
Basic Life Insurance and
Basic ADD
(per $1,000 of coverage)
$.115 $ .25
ARTICLE XXlll - RETIREMENT BENEFITS
Section 1. The current Public Employees’ Retirement System (PERS) benefits, known as
the "3 percent at 50" Plan shall continue in effect. Employees in represented classes will
make PERS member contributions by payroll deduction. The City will provide for member
contributions to be made as allowed under provisions of IRS Code Section 414(h)(2).
Section 2. Military Service Credit. The City will provide the Public Employees’
Retirement System benefit known as "Section 20930.3, Military Service Credit as Public
Service."
Section 3. PERS Retirement Formula. ~ff~c*i’’’~ n~,~,h~r on 2nnl ÷h~ m~, ...... H~,~ 1,’o~,=o,-,h m,-,,-, with DE~S ~ ...... ~,4,:, t~,:, The City will maintain a "3% @ 50" formula for IAFF
representation unit members.
Section 4. Option 2 Dealth Benefit. No later than June 30, 2006the City will amend its
PERS contract to provide the Ppre-R~etirement Option Settlement 2 Death Benefit.
The Pre-Retirement Optional Settlement 2 Death Benefit provides the spouse of a
deceased member, who was eliqible to retire for service at the time of death, with an
alternate option to the lump sum Basic Death Benefit whereby the survivinq spouse can
elect a monthly allowance equal to the amount the member would receive if he/she had
retired from service on the date of death and elected Optional Settlement 2 (the hi.qhest
monthly allowance a member can leave a spouse).
Seetien-4Section 5. EPMC. ~ff,~m,,~, ~,-. f;~ot ......~1~,,4 ~f~r m~, c~=~q ~o~i,
~ h,, 9o/_ Concurrently, The City will ~continue paying the
employees 9% PERS contribution. This payment will be reposed to PERS as special
compensation making the 9% "PERSable". ~hi, , ~ ...... ~, ~.,~,~, ,;~; ..... ..,,,;~ ~;~, ~,,,~,,, ,,, ;~ ~
a~r ..... ~ = ..... t=~t~a ~a ........ ~ Effective June 30, 2006, or the closest payroll
6at~ th~ C~itg will 6iscontinu~ ~avin~ th~ ~mplog~es’ 9% ~NS convors~on, concurr~ntlg
salaries wil! b~ ~ncreas~6 bg 9%.
14
ARTICLE XXIV - 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.
Retiree Medical coverage for Unit employees hired after January 1,2004 shall be ~
as follows:
a) Twenty (20) year vesting in PERS system for the full retiree medical benefit, including
a minimum of five(5) years with City of Palo Alto. Eli.qible F=employees te receive Fifty (50)
percent of benefit after ten (10) years; each additional service credit year after Ten (10)
years will increase employer credit by Five (5%) percent until Twenty (20) years is reached
at which time employee is eligible for One Hundred (100%) percent and Ninety (90%)
percent for dependents ~. The City of Palo AIto’s health premium contribution
for eligible post January 1, 2004 hires shall be the minimum contribution set by PERS
under Section 22825.5 based on a weiqhted averaqe of available health plan premiums.
ARTICLE XXV - DEPENDENT CARE ASSISTANCE PROGRAM
Section 1. The City will provide a dependent care assistance program for employees
according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections
125 and 129. The program will be available to representation unit employees beginning
with pay period number 1 of 1994, and remain in effect subject to a reasonable minimum
participation level and availability of third party administrative services at a reasonable cost.
ARTICLE XXVI - VACATION ACCRUAL
Section 1. All eligible fire suppression persons shall accrue vacation at the following rate
for continuous service performed in a pay status. Non-shift representation unit employees
shall accrue the 40-hour equivalent--one shift equals sixteen hours.
a. For employees completing less than four years continuous service, the accrual rate
shall be five duty shifts per year.
b. For employees completing four but not more than nine years continuous service,
the accrual rate shall be eight duty shifts per year.
Co For employees completing nine but not more than 14 years continuous service, the
accrual rate shall be 10 duty shifts per year.
d. For employees completing 14 but less than 19 years continuous service, the
accrual rate shall be 11 duty shifts per year.
e.For employees completing 19 or more years continuous service, the accrual rate
shall be 12 duty shifts per year.
Section 2. Represented employees who fail to use all vacation as accrued may continue
the accrual balance and be entitled to all accrued but unused vacation upon termination,
except as limited below.
15
Section 3. Vacation accrual balances shall be limited to three times the annual accrual
rate. Accrual credit beyond this limit shall not be recognized or compensated, except that
for employees of record as of January 1, 1984 who have vacation excess on a one-time
basis shall be set aside (banked) to be subsequently used as vacation or paid at
termination. No additions may be made to the bank after January 1, 1984. The bank is
established only to facilitate changeover from unlimited to three times annual accrual rate
limitation on vacation accrual as herein provided.
ARTICLE XXVII - USE OF VACATION
Section 1. The maximum number of vacation scheduling slots for representation unit
suppression employees is four (4) per platoon on a year:round basis.
Section 2. Vacation scheduling must be approved by the Battalion Chief or Fire Chief.
The minimum is twelve (12) hours or more for suppression employees. Advance vacation
schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m.
Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay
day provided that employee requests such advance in writing to the Finance Department at
least two weeks prior to his/her vacation date. The employee’s supervisor must verify
vacation date on the request.
Section 4. Illness on Vacation. When an employee becomes ill while on vacation and
such illness can be supported by a statement from an accredited physician or the
employee is hospitalized for any period, the employee shall have the period of illness
charged against sick leave and not against vacation leave.
Section 5. When to be Taken. The time at which an employee may use accrued
vacation leave and the amount to be taken at any one time shall be determined by the
Chief with particular regard for the needs of the City, but insofar as possible, considering
the wishes of the emploYee.
Section 6. Limitation on Use. Employees may not use more than three times their
annual rate of accrual in any calendar year period provided, however, that the Chief may
grant exceptions to this limitation.
Section 7. Waiting Period. Employees shall complete six months continuous service
before using accrued vacation leave.
Section 8. Double Compensation Prohibited. Employees shall not work for the City
during their vacation.
16
ARTICLE XXVIII - SICK LEAVE
Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of
actual personal sickness or disability, medical or dental treatment, or as authorized in
Section 9. Up to five days (56 shift hours for suppression personnel) sick leave per year
may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law,
brother, sister, registered domestic partner, or close relative residing in the household of
the employee.)
’ Section 2. Eliqibilitv. Regular employees shall be eligible to accrue and use sick leave.
Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has
been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be
accrued at the rate of six shifts per year.
Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except
as provided in Section 8 below.
Section 5. Use. Sick leave may be used as needed and approved, to the point of
depletion, at which time the employee will no longer receive pay for sick leave. A new
employee may, if necessary, use up to forty-eight (48) hours or shift equivalent of sick
leave at any time during the first six months of employment. Any negative balances
generated by such utilization will be charged against future accrual or deducted from final
paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days and who is otherwise eligible
both for payment under the long-term disability group insurance coverage and accrued sick
leave benefits may, at his/her option, choose either to receive the long-term disability
benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-
term disability benefits.
Sick leave will not be granted for illness occurring during any leave of absence other than
sick leave, unless the employee can demonstrate that it was necessary to come under the
care of a doctor while on such other leave of absence.
When an employee finds it necessary to be absent for any reason, he/she should cause
the facts to be reported to the department within 45 minutes prior to his/her regular starting
time on the first working day of absence, and shall regularly report on, or account in
advance for each work day thereafter unless hospitalized or otherwise indisposed. Such
reports may be subject to written documentation. Sick leave shall not be granted unless
such report or advance accounting has been made, provided, however, that the
department head may grant exception to this policy where the circumstances warrant.
Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the
beginning of the period to be covered by payments under long-term disability group
insurance coverage, whichever comes first, an employee may be granted a medical leave
17
of absence without pay for a period not exceeding sixty days. If the employee is unable to
return to work at the end of this period, he/she must request further medical leave which
will be subject to the approval of the City Manager. If further leave is granted, the
employee must notify the City of intent to return to work every thirty days. If further leave is
not granted, the employee’s service with the City shall be considered terminated.
Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall
forfeit all accumulated sick leave, except as otherwise provided by law and Section 8. In
the event that notice of resignation is given, sick leave may be used only through the day
which was designated as the final day of work by such notice.
Section 8. Payment for Accumulated Sick Leave. Eligible employees who leave the
municipal service in good standing, or who die while employed in good standing by the
City, and who have fifteen or more years of continuous service, shall receive compensation
for unused sick leave hours in a sum equal to two and one-half percent of their unused sick
leave hours multiplied by their years of continuous service and their basic hourly rate of
pay at termination. Full sick leave accrual will be paid in the event of termination due to
disability. For new employees hired after December 31, 1983, sick leave accrual
accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at
termination. ,
Section 9. Personal Business Leave Charqeable to Sick Leave. It is agreed between
the parties that all shift personnel represented by the Union shall have the right to charge
up to twenty-four hours personal business leave per year to sick leave, and that all non-
shift personnel shall have the right to charge .up to sixteen hours personal business leave
per year to sick leave. Such personal business leave shall be allowed only on a staffing
available basis and where the provisions of the minimum staffing agreement are not
affected. "Staffing available" means at or above minimum staffing levels as defined in
Article XII.
Section 10. Return to Work or Continue Work With Limited Duty. In cases of non-
work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and
the City Safety Officer, may return to work or continue work with doctor-approved limited
duty. Approval for such limited duty shall be based upon department ability to provide work
consistent with medical limitations and the length of time of the limitations. Shift
employees must be willing to accept any non-shift limited duty schedule work location and
may be subject to the reasonable availability of limited duty assignments. The City doctor
may be consulted in determining work limitations.
ARTICLE XXiX - 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.
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ARTICLE XXX = WORKERS’ COMPENSATION
Section 1. Status Reporting While on Disability.. Persons on disability will be required
to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to
discuss his/her status of medical treatment therapy and physical condition. This section is
not meant to unreasonably restrict employee’s activities so long as such activities are
cleared by the treating physician, treating program or alternative treatment program is
maintained and employee is available for full or restricted duty as soon as medical
clearance can be received.
ARTICLE XXXI -PHYSICAL FITNESS MEDICAL EXAMINATIONS
Physical fitness medical examinations for all represented employees shall include chest x-
rays every three years unless otherwise directed by a physician, eye examination and
hearing examination.
ARTICLE XXXII- LEAVES OF ABSENCE WITHOUT PAY
Section 1. Disability. ’ Leaves of absence without pay may be granted in cases of
disability not covered by sick leave. Pregnancy will be considered as any other disability.
Leaves of absence for disability are subject to physician’s verification including diagnosis
and medical work restriction.
Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of
personal emergency or when such absences would not be contrary to the best interest of
the City. Non-disability prenatal and/or postpartum leave is available under this provision,
but such leave shall not begin more than six months prenatal nor extend more than six
months postpartum.
Section 3. During unpaid leaves of absence for disability or other reasons, the employee
may elect to use accrued vacation credits. Requests for leaves without pay shall not be
unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be
in writing to be effective.
Section 4. Approval of Department Head. Leave of absence without pay for one week
or less may be granted by the department head, depending on the merit of the individual
case.
Section 5. Approval by City Manager. Leave of absence without pay in excess of one
week’s duration may be granted by the City Manager on the merit of the case, but such
leave shall not exceed twelve months’ duration.
Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered
to be without pay, and reductions in the employee’s pay shall be made accordingly.
Unauthorized leave of absence may result in termination of employment.
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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 XXXIII = LEAVES OF ABSENCE WITH PAY
Section 1. The City Manager may grant a regular employee under his control a leave of
absence with pay for a period not exceeding thirty calendar days for reasons he deems
adequate and in the best interest of the City.
Section 2. The City Council may grant a regular employee a leave of absence with pay for
a period not to exceed one year for reasons the Council considers adequate and in the
best interest of the City.
Section 3. Employee’s Time Off to Vote. Time off with pay to vote at any general or
direct primary election shall be granted as provided in the State of California Elections
Code, and notice that an employee desires such time off shall be given in accordance with
the provisions of said Code.
Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay
of one shift with provision for approval of one additional shift for travel outside the area may
be granted an employee by the Chief in the event of death in the employee’s immediate
family, which is defined for purposes of this section as wife, husband, son, son-in-law,
daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law,
mother-in-law, father-in-law, grandfather, grandfather-in-law, grandmother, grandmother-in-
law, uncle, aunt, registered domestic partner, or a close relative residing in the household
of the employee. Such leave shall be at full pay and shall not be charged against the
employee’s accrued vacation or sick leave. Requests for leave in excess of two shifts shall
be subject to the approval of the City Manager.
Section 5. Jury Duty; Leave of Absence. Employees required to report for jury duty
shall be granted a leave of absence with pay from their assigned duties until released by
the court, provided the employee remits to the City all fees received for such duties other
than mileage or subsistence allowances within thirty days from the termination of his or her
jury service.
ARTICLE XXXIV - VOLUNTEER LEAVE PROGRAM
The City of Palo Alto has established a Firefighter Voluntary Leave Program to provide
members of Local 1319 International Association of Fire Fighters (IAFF) employees the
opportunity to donate their accrued vacation time to assist fellow members of IAFF either
due to: (a) an employee’s own verifiable non-industrial catastrophic illness or injury (as
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defined herein) or (b) in order to care for a member of the employee’s immediate family
(spouse, child, parent or registered domestic partner suffering from a verifiable catastrophic
illness or injury) and have exhausted or will presently exhaust all of their paid leave.
In order to be eligible to receive donated leave, an employee must have a catastrophic
illness or injury or an employee’s immediate family member must have a catastrophic
illness or injury that requires the employee to provide full-time care for this family member.
Care will be taken to emphasize the voluntary nature of the plan and to insure
confidentiality of employee participants and medical conditions (where applicable).
A Firefighter Voluntary Leave Sharing Program has been established to accept donations
of vacation in accordance with the Program’s guidelines. All donations shall be:
1.Voluntary
2.Irrevocable
3.Confidential, unless disclosure is required by law
4.In whole hour increments of at least four (4) hours, with the hours donated being
converted to donee hours based on the donee’s salary rate (so that there will be no
cost to the City due to salary differential).
5. The employee shall be required to exhaust all other types of leave to request
donated leave ’
6. It is understood that employees seeking or receiving leave under this program will
apply for long-term disability benefits for which they may be eligible
7. Where any of the period during which an employee receives donated leave is
designated as family leave under the California Family Rights Act (CFRA/Family
Medical Leave Act (FMLA), the employee will be eligible for continuation of medical
and other available benefits during that the family leave period (for up to 12 weeks),
in accordance with the requirements of those laws. If the employee receiving
donated leave is. not eligible for CFRA/FMLA benefit continuation, or after the
employee has exhausted the available CFRA/FMLA leave period, the employee will
need to pay the premiums for continued medical and other available benefits if the
employee chooses to continue such coverages through the City
8. If the donation request is based on the need for an employee to care for an
immediate family member, as defined above, the family member must require full-
time care by the employee. Certification of this requirement by a health care
professional is required
9. The maximum donated time a donee may receive is 12 months (if available).
10.Applications to donate leave or receive leave under this Program are made to the
Human Resources Department
11. This is a pilot program and is subject to cancellation by either party
IAFF members interested in donating leave or in applying to receive donated leave shall
complete forms provided by the Human Resources Department. If an applicant for leave is
found to meet the criteria set forth herein, Human Resources will determine the availability
of and (as applicable) allocation of donated paid leave. Payroll will be notified in writing of
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the number of hours to be deducted from each donating employee’s vacation balance and
transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Injury (also referred to as "medical emergency" in Revenue Ruling
90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A non-
occupational medical condition of an employee that will require the prolonged absence of
the employee from duty and which will result in a substantial loss of income to the
employee because the employee will have exhausted all paid leave available apart from
the Voluntary Employee Leave sharing Program. Non-disability postpartum leave as
referenced in Merit Rule 801(b) shall not be considered a catastrophic illness or injury
under this Policy.
ARTICLE XXXV- TUITION REIMBURSEMENT
Effective July 1,2004 the tuition reimbursement program was amended to provide each
employee ,^,~’ ,-,-,,4 ,-,,-,,-,,.. ...... , ..... h, ,r4* ~,,-,-,,’,~ ...... hoH ~ .... the option of receivinq the
$1,000 amount as ekther-taxable cash or as a contribution to deferred compensation. This
selection shall be made each May to be effective throuqhout the followinq fiscal year
(except in 2004 it shall be made within 30 days followin.q ratification of this aqreement).
Once the election is made for the fiscal year, it is irrevocable.
ARTICLE XXXVI o PER DIEM TRAVEL EXPENSES
Section 1. Unless other mutually agreeable arrangements are made, representation unit
employees who are required to travel away from the City on City business will receive
travel expenses, according to City policies which are currently in effect.
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ARTICLE XXXVII - HOUSE FUND ITEMS
Section 1. Station House Fund. The station house fund per year, per shift employee
shall be $48.00.
Section 2. The City agrees to furnish and maintain each fire station with non-food house
fund items: TV purchase and repair, the San Jose Mercury News, and the San Francisco
Chronicle to be selected on an annual basis. Kitchen cooking utensils, small kitchen
appliances and other specific items to be determined by mutual agreement of the parties
will be purchased from the station house fund. The Fire Fighters agree to maintain the
voter registration program,
ARTICLE XXXVIII - PARKING
Section 1. Employees in represented classes assigned to Civic Center or adjacent work
locations shall be entitled to free parking in the Civic Center Garage, or a commute
incentive which will be subject to meet and confer. Employees hired after July 1,1994, may
initially receive a parking permit for another downtown lot, subject to availability of space at
the Civic Center Garage. Light duty employees assigned to the Civic Center will receive
Civic Center parking temporary permits for the duration of the light duty assignment.
ARTICLE XXXlX- GRIEVANCES
The City and the Union agree to establish a grievance procedure as follows:
Definition: A grievance is any complaint or dispute regarding the application of
interpretation of this Memorandum of Understanding, rules, regulations, policies or
procedures relating to wages, hours or other terms and conditions of employment.
Any non-probationary employee represented by the unior~ may file and process a
grievance. Such aggrieved employees may be represented by the Union or may
represent themselves in preparing and presenting their grievance at any level of review.
The Union may file a grievance when a Union right not directly related to an individual
employee becomes subject to dispute.
=
Any retroactivity on monetary grievances shall be limited to the date of occurrence,
except in no case will retroactivity be granted prior to three months before the
grievance was filed in writing.
4.Written grievances shall be submitted on forms provided by the City or on forms which
are mutually agreeable to the City and the Union.
The time limits specified in this section may be extended by mutual agreement in
writing of the aggrieved employee or Union and the reviewer concerned. Should a
decision not be rendered within a stipulated time limit, the aggrieved employee may
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immediately appeal to the next step. The grievance will be considered settled if the
decision of any step is not appealed within the specified time limit.
If a grievance is related to a promotional process to positions within the representation
unit, Step i shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB
positions).
Ste.~.p_~. The aggrieved employee will first attempt to resolve the grievance through
informal discussions with the immediate supervisor by the end of the seventh calendar
day following the discovery of the incident upon which the grievance is based. Every
attempt will be made to settle the issue at this level.
Step I1. If the grievance is not resolved through informal discussion, it may be
submitted in writing to the Battalion Chief (Deputy Fire Chief for Captain grievances)
within seven calendar days of the informal discussion. The Battalion Chief/Assistant
Fire Chief will have seven calendar days from receipt of the grievance to review the
matter and prepare a written response. If the grievance is denied, the response shall
contain the reasons therefore.
Ste~ II1. If the grievan’ce is not resolved in Step II, it may be submitted in writing to the
Fire Chief within seven calendar days of receipt of the Battalion Chief’s/Deputy Fire
Chief’s written response. The Fire Chief will have seven calendar days from receipt of
the grievance to review the matter and prepare a written response. If the grievance is
denied, the response shall contain the reasons therefore.
Ste~ IV. If the grievance is not resolved in Step III, the aggrieved employee may
submit the grievance to the City Manager for final determination or to binding grievance
arbitration. All Step IV appeals must be filed in writing at the Human Resources
Department Office within seven working days of receipt of the Fire Chief’s ~response
under Step II1. All hearings before the City Manager shall be pursuant to the rules and
regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings
before an arbitrator will be as set forth below.
In the event the aggrieved employee decides to proceed to arbitration, he/she shall
select jointly with the Director of Human Resources an arbitrator. If the parties are
unable to agree on an arbitrator, they shall jointly request a panel of five qualified and
experienced arbitrators from the State Conciliation Service. Upon receipt of the list of
arbitrators, the names shall be alternately struck until one name remains who shall
serve as arbitrator. The arbitrator shall be jointly contacted by the parties.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of the Memorandum of Agreement and such Merit
System rules, regulations, policies, procedures, City ordinances or regulations relating
to terms or conditions of employment, wages or fringe benefits, as may hereafter be in
effect in the City insofar as may be necessary to the determination of grievances
appealed to the arbitrator. The arbitrator shall be without power to make any decision:
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a. Regarding matters of interest.
b. Contrary to, or inconsistent with or modifying in any way, the terms of this
Memorandum of Agreement.
c. Granting any wage increases or decreases.
d. Granting pay or benefits for any period of time prior to the execution date of this
Memorandum of Agreement.
Where either party seeks arbitration and the other party claims the matter is not subject
to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability
shall first be decided by the arbitrator using the standards and criteria set forth in this
Memorandum of Agreement.
The arbitrator shall be without authority to require the City to delegate or relinquish any
powers which by State law or City Charter the City cannot delegate or relinquish.
Copies of the arbitrator’s decision shall be submitted to the City and the aggrieved
employee. All direct costs emanating from the arbitration procedure shall be shared
equally by the City and the aggrieved employee or the Union.
It is further agreed that the provisions of this section shall be incorporated as part of
Chapter 11 of the City of Palo Alto Merit System Rules and Regulations. Existing
procedures set forth in Chapter 11, to the extent they are inconsistent with the
provisions contained herein, are superseded.
ARTICLE XL- SAFETY COMMITTEE
Section 1. A Safety Committee comprised of four representation unit members appointed
by the Union, and at least two members of Management, will ~ continue to
meet. The Committee may make safety recommendations to the Fire Chief regarding
equipment, vehicles and apparatus and may review all accidents involving represented
personnel. Management shall inform the Safety Committee of all accidents involving
injuries to represented personnel.
ARTICLE XLI - MISCELLANEOUS
Section 1. The City will issue four T-shirts to each uniformed employee each July These
T-shirts are for use on duty only and will be maintained by the employee.
Section 2. Records of disciplinary actions shall be removed from the personnel file of a
representation unit employee upon written request by the employee after a period of three
years, or sooner if mutually agreed by the Fire Chief and the employee.
City ........÷ "’":
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ARTICLE XLII -FULL UNDERSTANDING
Section 1. The Memorandum of Agreement contains the full and entire understanding of
the parties regarding the matters set forth herein.
Section 2. Fair Labor Standards Act. Compensatory time off with Management approval
may be used as an alternative to overtime compensation only within the 27-day work
period within which the overtime is worked.
Section 3. Severability. Should any of the provisions herein contained be rendered or
declared invalid by reason of any existing State or Federal legislation or by reason of State
or U.S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum
of Agreement shall not invalidate the remaining portions hereof, and they shall remain in
full force and effect, insofar as such remaining portions are severable.
Section 4. It is the intent of the parties that ordinances, resolutions, rules and regulations
enacted pursuant to this Memorandum of Understanding be administered and observed in
good faith.
Section 5. Merit System Rules and Regulations. During the term of this Memorandum
of Agreement, Management may propose certain changes in the City Merit System Rules
and Regulations. With regard to such changes which pertain to the representation unit, the
parties agree to review, and upon request, meet and confer regarding the changes.
Section 6. During the term of this agreement, at management request, the parties agree
to meet and confer with regard to issues pertaining to fire station consolidation or
relocation.
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Section 7. Nothing in this agreement shall preclude the parties from mutually agreeing to
meet and confer on any subject within the scope of representation during the term of this
agreement.
ARTICLE XLIII - DURATION
This Memorandum of Agreement shall become effective July 1, 2-4~X3-2004 and remain
effective until June 30, 2-(X~2006
EXECUTED:
FOR:FOR:
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS
CITY OF PALO ALTO
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