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Home My WebLink About2001-01-16 City Council (13)TO: City of Palo Alto City Manager’s Repo_ .....-HONORABLE -CITY COUNCIL .... FROM:CITY MANAGER DEPARTMENT:HUMAN RESOURCES AGENDA DATE: SUBJECT: JANUARY 16, 2001 CMR: 109:01 APPROVAL OF INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF, LOCAL 1319) MEMORANDUM OF AGREEMENT AND COMPENSATION PLAN. RECOMMMENDATION Staff recommends that Council approve the attached, resolutions amending Section 1501 of the Merit System Rules and Regulations regarding the Memorandum of Agreement between the City of Palo Alto and the International Association of Fire Fighters (IAFF, Local 1319) and adopting a Compensation Plan for non-management Fire Department personnel. BACKGROUND A three-year Memorandum of Agreement with City firefighters represented by IAFF, Local 1319, expired June 30, 2000. Negotiations for a successor agreement continued into the fall of 2000 and ultimately ended with a tentative agreement, which has been ratified by the Association membership. The Agreement covers the City’s 119 non-management fire employees for the period beginning July. 1, 2000 and ending June 30, 2003. DISCUSSION The Memorandum of Agreement (Attachment A) includes all previously negotiated provisions with new changes indicated by shading and strikeout. New provisions of the agreement are as follows. Effective with the pay period including July 1, 2000, the agreement provides for a first year salary increase of five percent to all represented non-management employees. In addition, a salary increase of two percent is provided effective with the pay period including January 1, 2001. Other first year provisions include two position reclassifications; a paramedic proctoring agreement; tuition reimbursement to apply to the purchase of work-related computer hardware and software; a management option to provide a retiree medical coverage vesting schedule for new employees; and a voluntary incentive program in lieu of dependent or family medical coverage. CMR:109:01 Page 1 of 2 The second year of the agreement provides for a salary increase to all represented non- management classifications of five percent effective with the pay period including July 1,2001. Also effective July 1, 2001 is a 0.5 percent increase in the Emergency Medical Technician (EMT) differential. The second year includes contingency provisions for the 3% at 50 formula retirement benefit. These contingencies continue into the third year of the agreement and are triggered if eight or more out of 15 survey agencies receive the benefit, or if the Palo Alto Peace Officers’ Association receives the benefit. .The third year of the agreement provides for a 5 percent salary increase and a 0.5 percent EMT differential increase for eligible classifications effective with the pay period including July 1, 2002. Other changes in the agreement include an update to the House Fund allowance and various non-economic language changes. RESOURCE IMPACT The salary cost is $701,640 in the first year of the agreement. The 2000-01 Adopted Budget includes approximately $634,000 in salary contingency for the IAFF, Local 1319. The remaining $67,640 in necessary funding will be presented for approval as a part of the midyear report. Additional salary contingency funds will be used in the interim if necessary. Second and third year salary costs total $667,217 and $703,914 respectively, and will be funded in future budgets. 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.Memorandum of Agreement B.Resolution Amending Section 1501 of the Merit System Rules and Regulations C.Resolution Adopting a Compens~ion Plan for Fire Department Personnel D.Memo from Tony Spitaleri Ja, c. r ot; s Director of Human Resources CITY MANAGER APPROVAL: A~ Assistant to City Manager CMR:109:01 Page 2 of 2 ATTACHMENT A July 1,- June 30, ~ Dear City Employee: The Memorandum of Agreement contained herein has been negotiated between Local 1319, International Association of Fire Fighters and the City of Palo Alto. We hope you will keep this Memorandum of Agreement for reference as needed and familiarize yourself with. its contents. HUMAN RESOURCES DEPARTMENT City of Palo Alto 250 Hamilton Avenue Palo Alto, CA 94301 (415) 329-2401 PALO ALTO PROFESSIONAL FIRE FIGHTERS Local 1319 960 N. San Antonio Road, Suite 291 Los Altos, CA 94022 (415) 949-1983 TABLE OF CONTENTS ARTICLE I - RECOGNITION -..... ..........................................1 ARTICLE II - NO DISCRIMINATION ......................................................................1 Human Relations Committee ................................................................1 ARTICLE ARTICLE III - PAYROLL DEDUCTIONS ................................................." .2 IV - UNION ACTIVITIES ........¯ ........................................................’ ........2 Interoffice Mail and Bulletin Boards ..................................... .............2 Use of Meeting Places ................................................................." .....2 ARTICLE V - NO STRIKES ...................................................................................3 ARTICLE VI - PROBATIONARY PERIOD .............................................................3 ARTICLEVII - SALARY PROVISIONS ..................................................................3 Out-of-Class Compensation .................................................................4 Pay for Cour[ Appearance ....................................................................4 ARTICLEVIII - PAY DIFFERENTIALS ..................................................................5 Paramedic Differential .......................................... .................................5 HazMat Differential ..............................................................................5 EMT Differential .........................................~ ..........................................5 ARTICLE IX - ANNUAL ADJUSTMENT .................................................................5 ARTICLE X - HOLIDAYS .......................................................................................6 ARTICLE Xl - OVERTIME COMPENSATION ......................... ..............................6 ARTICLE Xll - MINIMUM STAFFING ....................................................................7 ARTICLE XlII - FIRE DEPARTMENT PROGRAMS ...............................................8 ARTICLEXlV - WORK ASSIGNMENTS AND TRANSFERS ................................8 Shipouts ...............................................................................................8 Vacation Relief Positions ......................................................................8 Transfer Requests ............................................................... .................9 Special Assignments ......................................................, .....................9 Continuous Hourly Service ...................................................................9 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE XV - TRAINING COORDINATION .........................................................9 XVI- PARAMEDIC ASSIGNMENT ......................................................10 XVII- FIRE FIGHTER APPRENTICE PROGRAM ......." ........................10 XVIII - PROMOTION ............................................................................11 XlX - REDUCTION IN FORCE ............................................................11 XX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY ......11 XXl- HEALTH BENEFITS ...................................................................11 Vision Care .........................................................................................11 PEMHCA Health Plan .........................................................................12 XXll - DENTAL BENEFITS ..................................................................12 XXlII - LIFE INSURANCE ....................................................................13 XXlV ’- RETIREMENT BENEFITS ........................................................13 XXV - RETIREMENT MEDICAL PLAN ................................................14 XXVI- DEPENDENT CARE ASSISTANCE PROGRAM .....................14 XXVII - VACATION ACCRUAL ............................................................14 XXVlll- USE OF VACATION ...............................................................15 Vacation Pay .......: ..............................................................................15 Illness on Vacation .............................................................................15 When to be Taken ..............................................................................16 Limitation on Use ...........................................’ .....................................16 Waiting Period ....................................................................................16 Double Compensation Prohibited .......................................................16 XXlX - SICK LEAVE ............................................................................16 Statement of Policy !6 Eligibility ..................................~ .............. ............................................16 Accrual ...............................................................................................16 Accumulation .................................................................... ..................16 Use ................¯ .....................................................................................16 Depletion of Sick Leave Benefits ....~ ...................................................17 Forfeiture Upon Termination ...............................................................17 Payment for Accumulated Sick Leave ................................................17 Personal Business Leave Chargeable to Sick Leave .........................18 Return to Work or Continue Work With Limited Duty .........................18 ARTICLE XXX - SUBPOENAS ............................................................................18 ARTICLE XXXl - WORKERS’ COMPENSATION ................................................18 Status Reporting While.on Disability ¯18 ARTICLE XXXll- PHYSICAL FITNESS MEDICAL EXAMINATIONS ..................18 ARTICLE XXXlII - LEAVES OF ABSENCE WITHOUT PAY ...............................19 Disability .............................................................................................19 Other Leaves ......................................................................................19 Approval of Department Head ............................................................19 Approval by City Manager ...................................................................19 Absence Without Leave .....................................................................19 Leave of Absence; Death Outside the Immediate Family ..................19 Military Leave of Absence ..................................................................19 ARTICLE XXXlV - LEAVES OF ABSENCE WITH PAY.I .....................................20 Employee’s Time Off to Vote ..............................................................20 Leaves of Absence; Death in Immediate Family ................................20 Jury Duty; Leave of Absence ..............................................................20 ARTICLE XXXV - TUITION REIMBURSEMENT .................................................20 ARTICLE XXXVI - PER DIEM TRAVEL EXPENSES ..........................................21 ARTICLE XXXVII - HOUSE FUND ITEMS ..........................................................21 Station House Fund ........................... ........ ..........................21 ARTICLE XXXVIII -PARKING .............................................................................21 ARTICLE XXXlX - GRIEVANCES .......................................................................22 Definition ............................................................................................22 Step I ..................................................................................................22 Step II .................................................................................................22 Step III .......................................................................................... ......23 Step IV ................................................................................................23 iii ARTICLE XL - SAFETY COMMII-FEE ....................................." ............................24 ARTICLE XLI - MISCELLANEOUS ......................................................................24 T-Shirts ..................................................... ..........................................24 Emergency Response by Foothills Park Personnel ............................24 Benchmark Agencies... ~ .................................24 ARTICLE XLII - FULL UNDERSTANDING .......................................25 Fair Labor Standards Act ............. .......................................................25 Severability .........................................................................................25 Merit System Rules and Regulations .................................................25 ARTICLE XLIII - DURATION ................................................. ..............................26 iv MEMORANDUM OF AGREEMENT CITY OF PAL0 ALTO and LOCAL 1319, I.A.F.F. July 1, ~- June 30, ~ 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~Capta= .~h0Ur.! !.i~,,.i,~ign~e~), Fire Inspector, Hazardous Materials Specialist. and H~ma~ i~’i~ ~, Who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. ARTICLE II - NO DISCRIMINATION Section 1. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, handicap, sex, national origin, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or nonmembership in the Union, or participation in the lawful activities of the Union. Section 2. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. Section 3. Human Relations Committee. A joint committee for Human Relations will be established during the term of this agreement. The committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments. The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs. ARTICLE III - PAYROLL DEDUCTIONS Section 1. The City shall deduct Union membership dues and pay other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Union. The City shall remit the deducted dues to the Union as soon as possible after deduction. All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the tenth day following signing of this Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Agreement, or so long as they remain members of the representation unit. Union members who establish dues payroll deduction durin~ 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 ofthe Memorandum of Agreement. ARTICLE IV - UNION ACTIVITIES Section 1. Local 1319 officers may use a reasonable amount of on-duty time to attend to Union business specifically related to representation of employees so long as: a. Staffing is available b. Operations are not interrupted c. Advance approval is obtained from the Battalion Chief or Operations Chief Section 2. Interoffice Mail and Bulletin Boards. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Battalion Chief or Operations Chief. Action on approval will be taken within 24 hours of submission. Section 3. Use of Meeting Places. The Union shall have the r, ight to reserve City meeting and conference rooms for use during non-working hours or as subject to Battalion Chief approval. Such meeting places will be made available in conformity with City regulations and subject to the limitations of prior commitment. 2 ARTICLE V - NO STRIKES Section 1. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or. condone a strike, withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its iepresentatives 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. do 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 0ne-half at day off 40-hour rate 4 hours b.Any or all court time during scheduled shift Straight time during shift at 56-hour rate None 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. 4 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. Effective beginning with the pay period including September1 1991, represented classifications, ~, who maintain EMT certification will receive a 2% differential in addition to their base sa certification for all suppression personnel is mandatory. EMT 5 ARTICLE X - HOLIDAYS Section 1. Representation unit fire suppression personnel in pay status shall receive 5.75 hours straight time regular pay per pay period in lieu of holidays to a maximum payment of 149.5 hours per year. Section 2. a.Personnel assigned to a 40-hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations. b.Personnel assigned to a 40-hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June. The following conditions will hold: (1)Management will designate the schedule of the paid day off under this section at least thirty days in advance. (2)If, inconformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee’s vacation accrual. (3)If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE Xl - OVERTIME COMPENSATION Section 1. Shift personnel assigned to overtime relief duty in addition to their regular 56- hour shift schedule shall receive overtime compensation at a rate of one and one-half times the employee’s basic 56-hour rate, or out-of-class rate if such applies, for all hours of the relief duty shift. Required off-duty training will be compensated at the rate of one and one- half times the basic 40-hour rate ~)~t ~d, 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 6 duty assignment seniority list will be adjusted to clear record of assignments semi-annually on April 30 and October 31. Section 2. Fire Inspectors performing standby duty for the purpose of fire/arson ¯ investigations shall be compensated at the rates established below: Pay Period Including 7/1/97 7/1/98 7/1/99 Regular scheduled work day Regular days off and holidays $42 $43 $45 $63 $65 $68 Employees receiving fire/arson investigation pay must be available to respond to Palo Alto Civic Center within one hour of call out. (Moved from Section 1) ARTICLE Xll - 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 ofthe 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. 7 ARTICLE Xlll - FIRE DEPARTMENT PROGRAMS Section 1. The Union agrees to continue itscooperation and participation in existing weather station and community blood pressure screening and measurement programs. ARTICLE XIV - WORK ASSIGNMENTS AND TRANSFERS It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments- and transfers will reflectthe 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, e.xcept 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. 8 ao bo The vacation relief persons will be assigned to one station when .not on relief assignment. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime. c.Shortages may be caused by vacation, sick.leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus. d.Shift transfers will be made so as not to cause the relief personto 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 Assignments. Management reserves the right to assign personnel to career development opportunities, special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee. Minimum staffing levels shall be maintained. Section 5. Continuous Hourly Service. Continuous hours of service in excess of 72 hours are subject to approval by the Fire Chief or designee. Approval may be granted when an employee has not been engaged in a greater than usual level of activity or is not fatigued. ARTICLE XV - TRAINING COORDINATION Section 1. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training program. It is agreed that volunteers will first be sought for such assignment, and further agreed that the details of this section shall be established by mutual agreement between the Fire Chief and the Union. ARTICLE XVI - PARAMEDIC ASSIGNMENT Section 1. The City reserves the right to limit eligibility for the Paramedic Program to the Fire Fighter classification. Section 2.. As the Program progresses, Management will assess the need for training additional Paramedic candidates. It is Management’s intention to provide for such additional training as necessary for Program continuity. . Section 3. Paramedics will receive a one-time cash payment of $500 for each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after recertification. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work-related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special.departmental needs for a period of less than one year: ARTICLE XVII - FIRE FIGHTER APPRENTICE PROGRAM Section 1. The Union agrees to assist the City in the implementation of anapprentice, 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. 10 ARTICLE XVIII - PROMOTION Section 1. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the fifth step on the salary range. Section 2. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, minimum qualifications, study material reference information, if appropriate, and information on passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process. ARTICLE XlX - REDUCTION IN FORCE Section 1. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. ARTICLE XX - SELECTIVE CALL BACK WITH REGARD TO RESIDENCY Section 1. Management may use selective call back with regard to residency in cases of emergency. ARTICLE XXl - HEALTH BENEFITS Section 1. Except as otherwise Set forth herein, the City will maintain the present level of benefits on all City-sponsored medical programs. Section 2. Vision Care. Effective beginning October 1, 1990, the City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Effective July 1, 1997, dependents will include domestic partners, as defined under Section 3(b). 11 Section 3. PEMHCA Health Plan. ao Benefits will be provided in accordance with provisions of the PEMHCA Health Plans. Monthly City-paid premium contributions for an employee-selected PEMHCA optional plan will be made to the maximum amount indicated in each category. Eligible Active Employees Number of Parties Covered Monthly City Contribution Employee Only Premium for plan selected Employee Plus Premium for plan selected One Premium for plan selectedEmployee Plus Two or More Effective July 1, 1997, active employee domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed the average monthly premium cost of individual coverage under the PEMHCA health plans. Evidence of premium payment will be required with request for reimbursement. ARTICLE XXll - DENTAL BENEFITS Section 1. The City will maintain the present level of benefits on the City-sponsored dental program, except that the maximum benefits per calendar year shall be $2,000 effective beginning with 1987. 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. Effective July 1,1997, dependents will include domestic partners, as defined under Article XXl, Section 3(b). 12 Section 3. Effective July 1, 1986, the City will provide a 50% of reasonable charges, $1,500 lifetime maximum orthodontic benefit for representation unit employees and their dependents. ARTICLE XXIII - 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) $ .!3 $ .2_9 ARTICLE XXlV - RETIREMENT BENEFITS Section 1. The current Public Employees’ Retirement System (PERS) benefits, known as the "2 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. Effect!re ............ ;kl,~ ÷k~ Th~ City will 2me~d !ts c’:’_.-.tr2"_t ’::!th ~rp~i,_. d~ the Public Employees’ Retirement System #~efi{.~#~Vi~:a~ "Section 20930.3, Military Service Credit as Public Service." 13 ARTICLE XXV - RETIREMENT MEDICAL PLAN Section 1: Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees’ Medical and Hospital Care Act Resolution.. ARTICLE XXVI - 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 XXVII - VACATION ACCRUAL Section 1. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed in a pay status. Non-shift representation unit employees shall accrue the 40-hour equivalent--one shift equals sixteen hours. a.For employees completing less than four years continuous service, the accrual rate shall be five duty shifts per year. 14 b.Eor employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year. c.For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year. d.For employees completing 14but 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. Section 3. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank after January 1, 1984. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate limitation on vacation accrual as herein provided. ARTICLE XXVIII - USE OF VACATION Section 1. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year-round basis. Section 2. Vacation scheduling must be approved by the Battalion Chief.or Fire Chief. The minimum is twelve (12) hours or more for suppression employees. Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m. ~ Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department at least two weeks prior to his/her vacation date. The employee’s supervisor must verifY vacation date on the request. Section 4. Illness on Vacation. When an employee becomes ill while on vacation and such illness can be supported ’by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. 15 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 bythe 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. -~ ARTICLE XXlX - 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 six days (72 shift hours for suppression personnel) sick leave per year may be used for illness in the immediate family (wife, husband, child, parent, parent-in-law, brother, sister, registered domestic partner, or close relative residing in the household of the employee.) Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave. Section 3. Accrual. Sick leave shall be accrued bi-weekly, provided the employee has been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shall be accrued at the rate of six shifts per year.. Section 4. Accumulation. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below. Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight (48) I~ours 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. 16 An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave.prior to applying for long- term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 45 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to written documentation. Sick leave shall not be granted unless .such report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long-term disability group insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee’s service with the City shall be considered terminated. Section 7. Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Section 8. In the event that notice of resignation is given, sick leave may be used only through the day ¯ which was designated as the final day of work by such notice. Section 8. Payment for Accumulated Sick Leave. Eligible employees who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event Of termination due to disability. For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination. 17 Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to twenty-four hours personal business leave per year to sick leave, and that all non- shift personnel shall have the right to charge up to sixteen hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article Xll. Section 10. Return to Work or Continue Work With Limited Duty. In cases of non- work-related injury, illness or pregnancy an employee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor-approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of time of the limitations. Shift employees must be willing to accept any non-shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments. The City doctor may be consulted in determining work limitations. ARTICLE XXX - SUBPOENAS Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court. ARTICLE XXXl - WORKERS’ COMPENSATION Section 1. Status Reporting While on Disability. Personson 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 XXXll - 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. 18 ARTICLE XXXIII - 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 monthsprenatal 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. Appr?val by City Manager. Leave of absence without pay in excess of one week’s duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months’ duration. Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee’s pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4. Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. 19 ARTICLE XXXIV - LEAVES OF ABSENCE WITH PAY Section 1. The City Manager may grant a regular employee under his control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the City. 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 ofhis or her jury service. ARTICLE XXXV - TUITION REIMBURSEMENT pr~ogF~si~ 20 ARTICLE XXXVl - PER DIEM TRAVEL EXPENSES Section 1. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect. ARTICLE XXXVII - HOUSE FUND ITEMS section 1. Station House Fund. shall be: Effective 7-1- O0 Effective 7-1- 01 Effective 7-1- 02 The station house fund per year, per shift employee $46 $47 $48 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 either the San Francisco Chronicle or Examiner 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. 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. 21 ARTICLE XXXIX - GRIEVANCES The City and the Union agree to establish a grievance procedure as follows: Definition: A grievanceis any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, rules, regulations, policies or procedures relating to wages, hours or other terms and conditions of employment. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee’may immediately appeal to the- next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Deputy Fire Chief (or Fire Marshal for FPB positions). Step I. The aggrieved employee will first attempt to resolve the grievance.through informal discussions with the immediate supervisor by the end of the seventh calendar day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief ( Deputy Fire Chief for Captain grievances) within seven calendar days of the informal discussion. The Battalion Chief/Assistant Fire Chief will have seven calendar days from receipt of the grievance to review the 22 matter and prepare a writte[~ response. If the grievance is denied, the response shall contain the reasons therefor. Step III. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire 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 therefor. Step IV. If the grievance is not resolved in Step III, the aggrieved employee may submit the grievance to the City Manager for final determination or to binding grievance arbitration. All Step IV appeals must be filed in writing at the Human Resources Department Office within seven working days of receipt of the Fire Chief’s response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliation Service. Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: a.Regarding matters of interest. b.Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. c. Granting any wage increases or decreases. d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in this Memorandum of Agreement. 23 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 be established. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and apparatus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel. ,~ ARTICLE XLI - MISCELLANEOUS Section 1. T-Shirts. The City will issue four T-shirts to each uniformed employee during July 1997, and an additional four T-shirts during July 1998 and 1999. These T-shirts are for use on duty only and will be maintained by the employee. Sect!o~ ~.. 24 Section ~.~. Records of disciplinary actions shall be removed from the personnel file of a represer~tation unit employee upon written request by the employee after a period of three years, or sooner if mutually agreed by the Fire Chief and the employee. ARTICLE XLII - FULL UNDERSTANDING Section 1. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. Section 2. Fair Labor Standards Act. I~ ........ ÷ ,,,111 imnl .... + nrr,,,;o; .... ~ ÷k.~ ~o;r La~cr ~ta~dard~ Act effective A~r~ ~ 5, ~ 9~5. Compensato~ time off with Management approval may be used as an alternative to ove~ime compensation only within the 2~-day work period within which the ove~ime is worked, m, .............. ~ ..........~ ..........~ ........................ 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 25 and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 6. During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation. Section 7. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. ARTICLE XLIII - DURATION This Memorandum of Agreement shall become effective July 1, :~~ and remain effective until June 30, EXECUTED: FOR: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS FOR: CITY OF PALO ALTO s/Tony Spitalleri s/Aaron Aguilar s/Barry Marchisio s/Catherin Capriles s/Thorn Newland s/Ray Diaz s/Patrick Morris s/Jay Rounds s/Nick Marinaro s/Charles Perl 26 ATTACHMENT B 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 Article I through XLIII, being 26 pages in length, for a term commencing July i, 2000, and expiring June 30, 2003, 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. // // 001220 el 0032420 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 001220 el 0032420 2 ATTACHMENT C RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADOPTING A COMPENSATION PLAN FOR FIRE DEPARTMENT PERSONNEL AND RESCINDING RESOLUTION NOS. 7730, 7772, 7839, 7901, 7964, and 7989 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, 2000 through June 30, 2003. " SECTION 2. The Compensation Plan adopted herein shall be administered by the City Manager in accordance with the Merit System Rules and Regulations. SECTION 3. The Compensation Plan shall continue in effect unti! amended or revoked by the Council. SECTION 4. The Director of Administrative Services hereby is authorized to implement the Compensation Plan adopted herein in the preparation of forthcoming payrolls. SECTION 5. Resolution Nos. 7730, 7772, 7839, 7901, 7964 and 7989 are hereby rescinded. II II II II /I II II 001220 cl 0032421 SECTION 6. under the California Environmental Quality Act no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST:APPROVED: The Council finds that this is not a project and, therefore, City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor City Manager Director of Human Resources Director of Administrative Services Fire Chief 001220 ¢10032421 2 CITY OF PALO ALTO COMPENSATION PLAN Fire Employees EFFECTIVE:Pay period including July 1, -1-997- Through June 30, 2-000 ~ COMPENSATION PLAN FOR THE CITY OF PALO ALTO Fire Personnel SECTION I. SALARY A. Salary Range Tables Personnel covered by this plan shall receive compensation within the salary ranges set forth in the Salary Range Tables that follow Section II. The salary range for each position classification title and number is expressed in bi-weekly and/or hourly rates along with the approximate monthly and/or annual equivalent. B.Establishment of Salary_ The City Manager is authorized to make appointments to or advancements within the prescribed ranges upon evaluation of employee qualification and performance. Merit advancements from the first salary step to the second salary step shall be granted at six-month intervals and between the second and 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 ftrst day of the.month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. The City Manager, in recognition of unusual circumstances or extraordinary performance, may authorize special merit advancement. In the event that a downward adjustment of a salary range indicates a reduction in the established salary of an individual employee, the City Manager may, if circumstances warrant, continue the salary for such employee in an amount in excess of the revised range maximum for a reasonable period of time. Such interim salary rates shall be def’med as "Y,rates". Additionally,. Paramedics with six or more years of Palo Alto paramedic service will be Y-rated upon cessation of assignment. 1.Effective with the pay period t~ginning ~ July 1, ~ ~, a 5 % increase at the 5th-Step will be applied to the salary ranges of all represented classes .... 3. ’Effective with the pay period including Ju!y !, !998 ~, a g-,% ~ increase at the 5th- Step will be applied to the salary ranges of all represented classes. 4.Effective with the pay period including July 1, -1-999 ~, a 5 % increase at the 5th-Step will be applied to the salary ranges of all represented classes. 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 ~, 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 willthen 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. Fire Inspectors performing standby duty for the purpose of fire/arson investigations shall be Compensated at the rates established below: Pay Period including 7-1-97 7-1-98 7-1-99 Regular scheduled work day Regular days off and holidays $42 $43.$45 $63 $65 $68 2 Employees receiving fire/arson investigation pay must be available to respond to Palo Alto Civic Center within one hour of call out. Working Out of Classification ¯ All .represented employees who are assigned work in a higher classification for longer than four (4) continuous hours will be compensated at a higher pay rate for all hours worked during the out-of-class assignment. This provision applies as follows: Firefighter, Apparatus Operator, Captain or Inspector. working, in a higher classification: Step to step. Representation unit classification working as a Battalion Chief, 10% above E-Step Captain, but not to exceed 93 % of Battalion Chief control point. Representation unit classification working in any other management position, within the range of the management position. B.Haz Mat Differential Effective beginning with the pay period including July 1, 1990, a maximum of nine positions who are primarily assigned to Rescue 1 and who are Haz Mat trained and certified will receive a 5 % differential in addition to their base salary. This differential does not apply to minimum staffing replacements. C. EMT Differential suppression personnel is mandatory. EMT certification for all D. In-Lieu of Holiday Pay Representation unit fire suppression personnel in pay status shall receive 5.75 hours straight time regular pay per pay period in lieu of holidays to a maximum payment of 149.5 hours per year. ¯ E. Pay for Court Appearance. Sworn Fire Personnel appearing in court for the People shall be compensated as follows: Period Appearance on scheduled, day off Any or all court time during. scheduled shift. Appearance. on scheduled work day but not during scheduled shift. Time and one-half at 40-hour rate. Straight time during shift at 56-hour rate. Time and one-half.40-hour rate. Minimum 4 hours None 2 hours (2-hour minimum may not run into shift time) F.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. The one year requirement after recertification does not apply to those paramedics who may leave the program because of work-related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year. G. Retirement Medical Plan Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be made in accordance with the Public Employees’ Medical and Hospital Care Act Resolution. 4 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. Premium f6r plan selected. Premium forplan selected. Effective July 1, 1997, active employee domestic palmers who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources ¯ Department, will be eligible for reimbursement of the actual monthly premium cost of an individual health plan, not to exceed the average monthly premium cost of individual coverage under the PEMHCA health plans.Evidence of premium payment will be required with request for reimbursement. 2.Dental Plan (a)The City shall maintain the present level of benefits on the City-sponsored dental program, except that the maximum benefits per calendar year shall be $2,000 effective beginning with 1987. (b)Effective July 1, 1986, the City will provide a 50% of reasonable charges, $1500 lifetime maximum orthodontic benefit for representation unit employees and their dependents. (c) The City shall pay all premium payments or equivalent self-insured program changes on behalf of employees and dependents who are eligible and enrolled for coverage under the existing dental plan. Effective July 1, 1997, dependents will include domestic partners, as def’med under Section H 1 (b). Vision Care Effective beginning October 1, 1990, the City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Effective July 1, 1997, dependents will include domestic parmers as defined under Section H 1 (b). J. Life Insurance The City will pay the following amounts of premium on behalf of Fire personnel: Basic Life Insurance (per $1,000 of coverage) Per Pay Period Per Month (approx) $. 115 $.25 K. Tuition Reimbursement L.Retirement Benefits The current Public Employees’ Retirement System (PERS) benefits, known as the "2 percent at 50" a .... ~a°"’:"’~ r ..... *~’"*""x 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). ~}0xtid~ the Public Employees’ Retirement System to~rovide-fo~ ben~fit-!~0wh a~,’~Section 20930.3, Military Service Credit as Public Service~. 6 M. Dependent Care Assistance Program The City will provide a dependent care assistance program for employees according tO the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1994, and remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. N. Commute Incentives and Parking Employees in represented classes assigned to Civic Center oradjacent 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: $40 for employees traveling three 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 less than three zones on Caltrain; $35 for employees using VTA, and other buses. pool. The City will provide carpool ~gouc-hers ............of $30 per month to each eligible employee in a carpool with two or I~ licensed drivers. Theo-e ......~- .......~- .....,~ o Bicycle. The City will provide bicyc e ...... ~ to eligible employees who ride a bicycle to work. Walk. The. City will provide ~ walker to eligible employees who wa~ to work ~ ......... O. Employee Referral Program Effective March, 8, 1999 and subject to administrative policies and procedures, the Employee Referral Program provides cash award in the amount of $1500 for the referral, and subsequent hiring, of qualified candidates for designated positions which have been identified as difficult to fall by the Director of Human Resources. An initial award of ($750) will be given to the referring employee when a referral candidate is hired. The remaining, balance ($750) will be credited at the successful completion of the new employee’s probationary period, provided that the referring employee and new hire are still active employees. This is an 18-month trial program. 8 Po Backup Child Care The City of Palo Alto will provide Backup Child Care through a third-party provider, in accordance with the "City of Palo Alto Backup Child Care Plan." z 0 z ZI.I.I0_ 0 0 w I~ 111 W I~W 0 o o~ o~ u~ o ~ ~D z zwo_ 0 z 0 z zI.~o_ 00 zLU 0 w I- ~ E E E u.0 o o 0 z o"0 0 n 0 ~~. m 0 0 0 0q. e4,’~..~. 0 IZ~0 t4~ n z ~ ~ ~ . ~ o) r~0 0 h. ~o ~o r-. r-. ~ ~ 0 0 0 ~ ~ ~ ~ ~ ~E E ~ 0 o ~ ATTACHMENT D PALO ALTO PROFESSIONAL FIRE FIGHTERS 960 N. SAN ANTONIO ROAD ¯ SUITE 291 LOS ALTOS,CALIFORNIA 94022 ~18~ January 3, 2001 JAN 0 3 2001 HUMAN RESOURCESDEPARTMENT Jay Rounds Director of Human Resource Dear Mr. Rounds, This letter is to inform you that the membership of the International Association of Firefighters local 1319 has approved the contact for July 1, 2000 to July 1, 2003 between the City of Palo Alto and Local 1319. Sincerely, ~t~sident 1319