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HomeMy WebLinkAboutFFA MOU Sept 1 1994 through June 30 1997CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FISCAL YEARS 1994-1995 1995-1996 1996-1997 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, IAFF LOCAL 2744 FOR THE FOLLOWING PERIOD OF TIME: FISCAL YEARS 1994-95, 1995-96 AND 1996-97 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of National City, have met and conferred with the representatives of the National City Firefighters' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on September 1, 1994. For the CITY: City Manager GE R C. DE FRATIS Chief Spokesperson hthi AoaiaL, MICHAEL BOUSE Representative RUIZ epresentative Date For the NCFFA, AFF Local 2744: L_ LARRY G'r ECK Presid PHIL EWERT C pokespers RANDALL J Aepr- -nta RU Re•resen .t DAVID LATE Re resentative GREGOR TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Implementation 1 Article 2 Work Week 2 Article 3 Uniform Allowance 3 Article 4 Out -Of -Class Pay 4 Article 5 Holidays 5 Article 6 Leave Eligibility And Procedure 7 Article 7 Annual Vacation Leave 9 Article 8 Military Leave 12 Article 9 Family Care Leave 13 Article 10 Court Leave 14 Article 11 Sick Leave With Pay 15 Article 12 Compensation Plan 22 Article 13 "Y" Rate 24 Article 14 Forty Hour Assignment Pay 25 Article 15 Revision Of The Compensation Plan 26 Article 16 Overtime 27 Article 17 Longevity Pay 28 Article 18 Employee And Dependent Health And Dental Insurance 29 Article 19 Employee Life Insurance 30 Article 20 Long Term Disability Insurance Program 31 Article 21 Public Employees' Retirement System 32 Article 22 Salaries 33 Article 23 Call Back And Stanby/On-Call 34 Article 24 Shift Exchanges 35 Article 25 Training 36 Article 26 Staffing 37 Article 27 Management Rights 38 Article 28 Terms Of Provisions 39 Article 29 Definitions 41 ARTICLE 1 IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: (A) The City Council acts, by majority vote, formally approve and adopt said Memorandum. (B) The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. (C) The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. ARTICLE 2 WORK WEEK The City agrees to cooperate with the Firefighters' Local 2744 to retain the fifty-six (56) hour work week for Fire Suppression personnel, and the forty (40) hour work week for Staff personnel. The City agrees to meet and confer with the Firefighter's Local 2744 prior to making adjustments to the twenty-four (24) hour duty shift. (A) Fire Suppression - Fifty-six (56) hours shall constitute the normal work week for personnel assigned to this division. The normal shift length for personnel assigned to this division shall be twenty-four (24) hours. The normal platoon change shall occur at 0800 (8:00 a.m.). (B) Forty Hour Assignment - Forty (40) hours shall constitute the normal work week for personnel assigned to the Prevention or Administration divisions. The normal work day for personnel assigned to this division shall be eight (8) hours, and begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months, except with the consent of the assigned Firefighter and approval of the Chief. -2- ARTICLE 3 UNIFORM ALLOWANCE Safety equipment prescribed by OSHA or the City, including turnouts, rubber boots, gloves, helmets, leather boots and pants, will be provided by the City. In addition, the City will provide $200 annually for each employee covered by this agreement to be applied toward the purchase and maintenance of the shirt, belt, utility jacket and non -safety trousers prescribed by department. There will be no requirement to maintain a Class "A" uniform. All safety equipment prescribed by OSHA and the City provided pursuant to this article will be considered property of the City and may not be worn by the employee while off -duty, except for travel to and from work. In addition to the above, the City shall provide each newly hired employee an additional $200 to assist them in making an initial purchase of required uniforms. -3- ARTICLE 4 OUT -OF -CLASS PAY This program will provide compensation at the salary range for the classification to which an Out -of -Class assignment has been made. Payment for Out -of -Class assignments will be made at the next higher step within the established range and will provide a minimum of five (5) percent salary increase for each Out -of -Class shift worked. Eligibility requirements for an Out -of -Class assignment are as follows: 1. When Platoon Commander is assigned to work as Fire Chief or Division Chief, he/she shall receive 5% additional acting pay. 2. To be qualified for the acting position of Platoon Commander a person must meet the current qualifications for Platoon Commander. 3. To be qualified for acting position of Captain, a person must be on the current departmental promotional list for the position of Captain. In the event of an expired promotional list for the position of Captain, the persons who were on the past promotional list for the position of Captain will be qualified to work in the position of Acting Captain. An individual certified by the department's certification program is equally qualified. 4. To be qualified for the acting position of Engineer, a person must be on the current departmental promotional list for the position of Engineer. In the event of an expired promotional list for the position of Engineer, the persons who were on the past promotional list for the position of Engineer will be qualified to work in the position of Acting Engineer. An individual certified by the department's certification program is equally qualified. These requirements are not intended to limit the Fire Chief from appointing any employee to an acting capacity or position in extraordinary circumstances. -4- ARTICLE 5 HOLIDAYS Section 1 Fire Safety personnel assigned to a forty (40) hour work week shall be entitled to the following fixed holidays with pay if they occur during such assignment: 1. New Year's Day 2. Easter Sunday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day Section 2 Appointed and Religious Holidays With Council approval, every day appointed by the President of the United States or by the Governor of California for a Public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional Holiday. Employees may request time off to attend religious or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 3 Holidays Occurring On Normal Work Day, During Sick Leave Or Annual Leave Or On A Weekend - 40 Hour/Week Assignment In the event an employee is required to work on a holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a holiday falls on the employee's regular day off and the employee is not required to work such employee shall be granted equivalent compensatory time off as approved by the department head. When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following or wholly within such leave period shall be recorded as holiday and not as a day of leave. If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. -5- Article 5 - Holidays Page 6 Section 4 Fire Suppression Holiday Work Schedule The normal work day on holidays for employees assigned to Suppression (56-hour week) shall consist of daily morning routine, answering emergency calls and the performance of assigned supervisory duties. For purposes of this section, the following days shall be considered holidays: 1. New Year's Day (January 1st) 2. Memorial Day (4th Monday in May) 3. Easter Sunday 4. Independence Day (July 4th) 5. Labor Day (1st Monday in September) 6. Thanksgiving Day (4th Thursday in November) 7. Christmas Day (December 25th) 8. Sunday after 1300 (Sunday work schedules will be reviewed each January for possible adjustments after conferring with the Firefighters' Association Also, the Fire Chief may designate that the holiday work schedule be followed on days appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday. The provisions of the other sections of this article do not apply to observance of the Fire Suppression holiday work schedule. ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Eligible employees shall be entitled to holidays and annual vacation, and shall be allowed sick, injury, emergency and Family Care Leave of absences as provided in this MOU. (See Article 9) Section 2 Request For Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the appointing authority. Section 3 Leave Approval Except in the case of sick, emergency or military leave, the time during which any leave of absence shall be taken by an employee shall be designated by the appointing authority, and the request for such leave, signed by the employee and the appointing authority. Section 4 Leave Of Absence - Commencement And Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave Of Absence - Failure To Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect a resignation; provided, however, an appointing authority may cancel such separation if circumstances warrant such cancellation (as determined by the appointing authority). -7- Article 6 - Leave Eligibility And Procedure Page 8 Section 6 Leaves of absence must contain a time for termination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the appointing authority and the Personnel Department. No post-dated leave of any kind may be granted to any employee in the classified service. ARTICLE 7 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates (A) All Fire Officers shall be governed by the following vacation accrual rates per pay periods of service: 0 - 130 pay periods 5.54 hours per pay period 131 - 390 pay periods 7.39 hours per pay period 390+ pay periods 9.24 hours •er pay period Section 3 Conversion Of Vacation Benefits Fire employees working other than a twenty-four (24) hour shift schedule shall for purposes of time sheet reporting, report hours for purposes of pay at the rate of 1.4 hours for each actual hour on paid status. Example: Actual hours worked Conversion Rate Worked Hours to be reported on time sheet Actual vacation hours Conversion rate Vacation hours to be reported on time sheet -9- 40.00 1.40 56.00 40.00 1.40 56.00 Article 7 - Annual Vacation Leave Page 10 Section 4 Vacation Accumulation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee is entitled to use a minimum of one (1) year's accrual of vacation during each fiscal year, providing he/she submits a request for vacation, as provided in City and departmental procedures. Additional vacation leave which exceeds annual accrual may be requested providing staffing permits and with approval of the Fire Chief. 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Section 5 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 2.5 times annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: 360 hours for all safety employees with less than five (5) years service. 480 hours for all safety employees with five (5) to fifteen (15) years service. 600 hours for all safety employees with fifteen (15) plus years service. Section 6 Vacation Selection and Coverage Vacation selection and coverage shall be as provided in current Departmental Policy, Volume I, Standard Instruction #36, page 5, effective March 12, 1985. Copy attached. (Reference Article 26, Section 4) Firefighters shall not be required to supply vacation relief. Article 7 - Annual Vacation Leave Page 11 Section 7 Terminal Vacation Leave Upon termination of employment for any cause, an eligible employee shall be entitled to pay in lieu for the number of accumulated vacation days credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay". Section 8 Upon notice of opportunity from the Fire Chief, requests to sell back accrued vacation may be submitted for approval by the Fire Chief. NATIONAL CITY FIRE DEPARTMENT POLICY TITLE: VOLUME I FIRE SUPPRESSION SUBJECT: STAFFING AND OVERTIME COMPENSATION STANDARD INSTRUCTION #36 EFFECTIVE DATE 03/12/85 The three (3) Platoon Commanders are in one (1) primary relief group. Group: Senior Platoon Commander, second in seniority and third in seniority. III. Captains/Engineers Vacation: (Effective 07/10/90) (For additional information, see SOP VIII #4). Staffing while a Captain/Engineer is on vacation is accomplished in the following manner: The nine (9) Captains and nine (9) Engineers are split into three (3) primary relief groups: Group 1: Group 2: Group 3: Senior Captain/Engineer on "A" Shift, second in seniority on "B" Shift and third in seniority on "C" Shift. Vacation selection is "A" "B" then "C". Senior Captain/Engineer on "B" Shift, second in seniority on "C" Shift and third in seniority on "A" Shift. Vacation selection is "B", "C" then "A". Senior Captain/Engineer on "C" Shift, second in seniority on "A" Shift and third in seniority on "B" Shift. Vacation selection is "C", "A" then "B". No two individuals of a Primary Relief group can be on vacation in which their vacation periods overlap. A vacation period begins the first day after the last shift worked until the date returning to work. Any shifts turned down by the Platoon Commanders may be filled by a Rated Captain. Any shifts turned down by one's Group Captains/Engineers may be filled, first by a Captain/Engineer from one of the other groups or, second, by an Acting Captain/Engineer. Seniority is determined by time in rate (position) or position on eligibility list. The reliefs should be made to avoid working a period in excess of 24 consecutive hours. No one shall be allowed to work more than 48 consecutive hours. 5 TOTAL PAGES: 8 ARTICLE 8 MILITARY LEAVE In addition to the leaves of absence provided in this Article, City officers or employees who are also members of the armed services or militia or organized reserves of this State or National, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss of diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion. continuance in office or employment, re- appointment or re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return form such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re- employment within ninety (90) days after being relieved from such military service. 5. During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed thirty (30) calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. -12- ARTICLE 9 FAMILY CARE LEAVE Leave with or without pay for pregnancy and serious illness, injury or death in said employee's immediate family is available under provisions of applicable State and Federal law. Leave with pay is charged against sick leave or vacation accruals upon meeting the following criteria: The term "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition that involves: (1) a period of incapacity or treatment in connection with inpatient care; (2) a period of incapacity requiring absence from work, school, or other regular daily activities, for more than three (3) days and that involves continuing treatment by a health care provider; and (3) a statement or certificate issued by a medically licensed physician indicating the nature and duration of illness or injury is required. -13- ARTICLE 10 COURT LEAVE An employee who is required by subpoena or court order to serve as juror, or as a witness who is not a party to a court action, shall be granted leave such purpose upon presentation or proof of said employee's required attendance to the appointing authority and the Personnel Director. The employee shall receive full pay for the time served on court duty during scheduled working hours, provided the money received as a juror or witness on regular duty days is deposited with the Finance Department for credit to the proper fund. Employees shall be reimbursed from witness fees for all incidental expenses incurred, including parking, pursuant to such appearance while on regular duty days. It is the employee's responsibility to notify the department operations officer no later than the beginning of the next work shift that he has received a summons for jury duty or subpoena. - 14- ARTICLE 11 SICK LEAVE WITH PAY The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their positions or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for unexpected medical and dental care, subject administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: 1. Illness, injury or exposure to a contagious disease suffered by an employee. 2. The serious disability of the employee while on a scheduled vacation. 3. The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Earning And Accumulation 1. Sworn members of the Fire Department shall earn 5.54 hours of sick leave for each full pay period of employment. 2. Accumulated Sick Leave: Each permanent or probationary employee covered by this Memorandum shall, on July 30, 1980, be eligible to accumulate sick leave up to a maximum of 720 hours, (herein called "accumulative sick leave"). Sick leave accrual will, be credited on the last day of each pay period up to the 720 hour maximum limitation. 3. Frozen Sick Leave Balance: Employees hired on or before June 30, 1980 and who have an existing sick leave balance on June 30, 1980 in excess of 720 hours, will be "frozen" at their June, 1980 sick leave balance levels on July 1, 1980. (Herein called "frozen sick leave balance"). Said frozen sick leave balance will be maintained as a separate account. - 15 - Article 11 - Sick Leave With Pay Page 16 Example: Employee has 1020 hours of sick leave accrual on June 30, 1980. On July 1, 1980 it is distributed as follows: Accumulated Sick Leave Frozen Sick Leave Balance Credit 720 hours (Maximum Accumulation) 300 hours 4. Upon reaching the maximum accumulated sick leave (720 hours), accrual will discontinue and will resume only after the employee's balance falls below 720 hours. Accrual will resume on the last day of the pay period in which the employee's balance falls below the 720 hour level. Said accrual will occur at the established rate as defined in paragraph (1) above. Section 3 Sick Leave Usage (1) Employees must first utilize the regular sick leave balance prior to utilizing frozen sick leave accumulation. (2) Employees using sick leave pursuant to this Article for non -work related illness or injury which has a sixty (60) consecutive day duration shall, upon the sixty first (61 st) consecutive, day of illness, utilize provisions of Article 20 herein, Long Term Disability Insurance. Section 4 Limitation on Time Chargeable to Sick Leave (1) No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: (a) Disability arising from any sickness or injury purposely self-inflicted or caused by any willful misconduct. (b) Sickness or disability sustained while on leave of absence other than his or her regular vacation. (c) No paid sick leave shall be granted in excess of the employee's sick leave credit. (di An employee may be granted sick leave with pay only for injury, illness or exposure to contagious disease which incapacitates the employee for work. Article 11 - Sick Leave With Pay Page 17 (2) Absence that is chargeable to sick leave in accordance with this shall be charged in an amount not smaller than one (1) hour for the first hour of absence; thereafter, in increments of not less than fifteen (15) minutes. Section 5 Sick Leave Compensation (1) In order to receive compensation while on sick leave, the employee shall notify: (a) The immediate supervisors or; (b) The department head or; (c) In the event of the unavailability of either, the senior representative available. (2) Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. (3) The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days of or holidays, provided these are not in conflict with the established schedule within each department Section 6 Physician's Statement Required (1) When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. (2) The department head is responsible for sick leave during the first three days before the filing of a physician's certificate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the department head subject to verification of the employee's eligibility by the Personnel Director. Article 11 - Sick Leave With Pay Page 18 (3) When absence is for more than five (5) working days in a two (2) week period or there is in the judgment of the department head a questionable usage of sick leave over a number of pay periods, the department head may require the employee to submit to an examination at City expense by a physician designated or approved by the City Manager. The department head shall be entitled to a written report from the examining physician indicating the specific nature and duration of the employee's illness or incapacity. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from the City service, provided that if such separation is by lay-off, his accumulated eligibility may be restored to him in whole or in part by the Civil Service Commission upon re-employment. Section 8 Illness During Vacation An employee who becomes incapacitated due to illness or injury while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement. Section 9 Holidays During Sick Leave Paid holidays immediately preceding, immediately following or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment Upon Retirement An employee hired on or before June 30, 1980, shall, upon formal retirement from the City under the Public Employee's Retirement System, be paid each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 360 hours. An employee hired on or after July 1, 1980 shall not be eligible for sick leave payment upon retirement. Article 11 - Sick Leave With Pay Page 19 For employees hired on or before June 30, 1980, sick leave payoff upon retirement shall be computed as follows: 1. Frozen sick leave balance upon date of retirement, and 2. Accumulative sick leave balances upon retirement. Equals Sick leave payoff, however, in no event shall the payoff exceed 360 hours. Section 11 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made to the City Manager at the same time the department head files his payroll report. The department head who fails to report the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. Section 12 Evidence of Cause of Absence In all cases of absence because of sickness or injury of the employee or illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 13 Sick Leave Incentive Pay (a) 56 Hour Work Week Sworn members of the Fire Department working on a twenty-four (24) hour shift basis using forty-eight (48) hours of sick leave or less may convert fifty (50%) percent of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Article 11 - Sick Leave With Pay Page 20 Remaining Accumulative Sick Leave Pay Incentive 50% at End of Fiscal Year 56 HOUR WORK WEEK 144 Hours 132 Hours 120 Hours 108 Hours 96 Hours Less than 96 Hours (b) 40 Hour Work Week 56 HOUR WORK WEEK 72 Hours 66 Hours 60 Hours 54 Hours 48 Hours No Payoff Sworn members of the Fire Department working other than a twenty-four (24) hour shift schedule earn sick leave at the rate of 3.69 hours per full pay period of service. Persons in this work assignment, using thirty-two (32) hours or less, during the fiscal year, may convert fifty (50%) percent their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following schedule, and all computations shall be rounded to the nearest whole hour: Remaining Accumulative Sick Leave Pay Incentive 50% at End of Fiscal Year 40 HOUR WORK WEEK 96 Hours 88 Hours 80 Hours 72 Hours 64 Hours Less than 64 Hours 40 HOUR WORK WEEK 48 Hours 44 Hours 40 Hours 36 Hours 32 Hours No Payoff Article 11 - Sick Leave With Pay Page 21 (c) Except as provided in (d) below, paid sick leave hours shall be subtracted from the employee's accumulative yearly sick leave balance. The remaining sick leave hours shall be carried over accumulated per Section 2 (3) herein. (Example: 40 hour week employee uses 4 days sick leave. He then receives pay for 50% of remaining days, or 4 days. The 2 days are subtracted from his remaining yearly sick leave and the other 6 days are added to the employee's total accumulative sick leave balance). (d) An employee who had the maximum accumulative sick leave at the beginning of the previous fiscal year (July First) and who used no sick leave during that year, shall not have the amount of sick leave for which compensation is received under the sick leave reimbursement program deducted from the employee's accumulative yearly sick leave balance. This benefit shall commence with the sick leave incentive pay for the 1990-91 fiscal year to be received in July, 1991. (e) Payment will be made during the month of July each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (f) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who terminate or retire during the fiscal year will be compensated on a prorated basis subject to their formal separation or retirement date ARTICLE 12 COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan of the City of National City has the following Characteristics: (1) The salary range for Firefighter consists of seven (7) steps, the ranges for other classifications consist of five (5) steps each ("A" through "E"). (2) The increase from one step to the next step on each range is as indicated in the Salary Schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the range shall be interpreted and applied as follows: the second, third, fourth , fifth, sixth and seventh salary steps are incentive adjustments to encourage an employee to continue to improve his work: FFI (1) The first salary step is the minimum rate and will normally be the hiring rate. Appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. The first step of salary range will be approximately ten (10) percent less than "A" step. (2) The second salary step: Six (6) months of satisfactory service normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. The second step of the salary range will be approximately five (5) percent less than "A" step. - 22 - Article 12 - Compensation Plan Page 23 FFII (3) The third salary step - "A" step: Six (6) months of satisfactory service at the second salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (4) The fourth salary step - "B" step: Six (6) months of satisfactory service at the third salary step normally shall make an employee eligible for consideration for this advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (5) The fifth salary step - "C" step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (6) The sixth salary step - "D" step: Twelve (12) months of satisfactory service at the fifth step normally shall make an employee eligible for consideration of the salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager (7) The seventh salary step - "E" step: Twelve (12) months of satisfactory service at the sixth step normally shall make an employee eligible for consideration of the salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. Persons employed or promoted prior to July 1, 1982 shall require six (6) months of satisfactory service to be eligible for consideration of this advancement. All rates shown, and conditions set forth herein, are in full payment for service rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. The provisions of this Article are based upon the schedules adopted by the City Council. ARTICLE 13 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of Step "E" of the range for the class. An employee shall be paid at Step "Y" solely under one of the following two (2) conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate shall, in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may, at the discretion of the City Manager, continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y' shall receive no increase unless the increased salary for employees at Step "E" for the class exceeds the salary already being paid to said employee in which case the employee shall be paid at Step "E". - 24 - ARTICLE 14 FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Firefighter; or 2. Fire Engineer; or 3. Fire Captain 4. Platoon Commander and assigned to a forty (40) hour assignment, shall receive a five (5) percent pay differential for the duration of said assignment. -25- ARTICLE 15 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees' class or position: (a) If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) If the maximum salary is lowered, the employee should be paid at the rate in the new range which is the same as the rate to which he was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range the employee may, pursuant to Article 14, be paid at the "Y' rate. - 26 - ARTICLE 16 OVERTIME (1) The smallest unit of time credited as overtime shall be one quarter hour. (2) Overtime worked that is less than one quarter hour shall be rounded -off to the nearest quarter-hour each pay period. (3) Beginning on August 2, 1994, the City of National City elects a 28-day work period for fire suppression employees under the 7K exemption of the Fair Labor Standards Act to coincide with the City's regular pay periods. Fire Suppression employees will be paid 1 A times their regular rate for any hours worked after actually working 212 hours during the work period or may earn compensating time off as provided in paragraph 4 below. The City will administer this provision according to the attached Timekeeping Model. (4) Employees may be credited with compensating time for overtime worked, upon prior request of the employee and approval of the Fire Chief, up to a maximum of 480 hours. (5) An employee may use compensating time in advance of accruing it with the Fire Chief's approval, providing that any negative balance is owed to the City at separation or retirement. (6) The City may not force use of compensatory time off or vacation in order to avoid overtime payment. -27- TIMEEKEEPING MODEL CASE #1 1ST PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS TOTAL 192 HOURS NO OVERTIME CASE #2 1ST PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 120 HOURS PAID FOR 112 REGULAR HOURS TOTAL 216 HOURS - 212 MIN. PAID FOR 4 HOURS OVERTIME (INCLUDES FLSA) 4 OVERTIME CASE #3 1ST PAY PERIOD ACTUAL WORK 120 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 120 HOURS PAID FOR 112 REGULAR HOURS TOTAL 240 HOURS - 212 MIN PAID FOR 28 HOURS OVERTIME (INCLUDES FLSA) 28 OVERTIME CASE #4 1ST PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 72 HOURS PAID FOR 112 REGULAR HOURS (INCLUDES 48 HRS. SICK LEAVE) TOTAL 168 HOURS NO OVERTIME CASE #5 1ST PAY PERIOD ACTUAL WORK 144 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS TOTAL 240 HOURS - 212 MIN PAID FOR 28 HOURS OVERTIME (INCLUDES FLSA) 28 OVERTIME CASE #6 1ST PAY PERIOD ACTUAL WORK 168 HOURS PAID FOR 112 REGULAR HOURS 2ND PAY PERIOD ACTUAL WORK 96 HOURS PAID FOR 112 REGULAR HOURS TOTAL 264 HOURS 212 MIN PAID FOR 52 HOURS OVERTIME (INCLUDES FLSA) 52 OVERTIME ARTICLE 17 LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be continued at the same level for those employees receiving longevity pay as of it on June 30, 1984. No employees not receiving longevity pay as of that date will be eligible to receive it in the future; no employee currently receiving it, will be eligible for increase in longevity pay. Current levels of longevity pay are: (a) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen (15) years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; (e) After twenty-five (25) years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. In the event an officer or employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee or officer shall not be entitled to any longevity pay by reason of any prior employment. - 28 - ARTICLE 18 EMPLOYEE AND DEPENDENT HEALTH AND DENTAL INSURANCE Section 1 As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance and a group dental insurance program. The benefits and limitations of the programs are to be designed cooperatively by the Employees' Association, the Insurance Carriers and the City. The Association and City agree to select and implement health insurance programs which meet the requirements of the Health Maintenance Act of 1973. The City will provide up to $285.00 per month, per employee to provide these benefits for the employee and eligible dependents. In the event the cost of insurances selected by the employee exceeds the above contribution by the City, the employee must pay the excess amount. Section 2 Cash -in -Lieu of Dependent Coverage An employee must select coverage for health and dental insurance to be eligible for cash in lieu. If Coverage selected costs less than the contribution by the City, the difference shall be paid to the employee in the form of money. - 29 - ARTICLE 19 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the Life Insurance Program are to be designed cooperatively the Employees' Association, Insurance Carrier and the City. The City will provide to $8,000 Life Insurance with Accidental Death and Dismemberment as a City paid benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. - 30 - ARTICLE 20 LONG TERM DISABILITY INSURANCE PROGRAM It is the intent of this article to provide an income protection plan to firefighter employee's who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at their option, may change insurance carriers and/or plan benefits for their group Long Term Disability Program no more than once in any twelve (12) month period upon proper notice to the City's Labor Relations Representative. (B) The City shall provide $33.90 per month to each represented firefighter employee in the form of a taxable pay type and shall deduct the monthly premium and pay the insurance carrier directly. Any excess of City contribution over the premium cost shall be available to the employee as cash - in -lieu. (C) The City shall continue to make health, dental and life insurance contributions to represented employee's in accordance with Article 18 and 19 of this MOU for the duration of the disability or twelve (12) consecutive months whichever is less, unless extended by the Fire Chief and the City Manager. (D) The disabled employee shall use accumulated sick leave during the waiting period for the benefit to be effective and thereafter on leave without pay status. The City shall be notified as to the effective date of benefit by the responsible party. -31 - ARTICLE 21 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in the December 12, 1989, amendment to contract between the Board of administration of PERS and the City Council. Section 2 The City's contribution for the employee's share of the cost of the Public Employees' Retirement System shall continue to be nine (9) percent. Section 3 The City will amend the P.E.R.S. contract to include the "Highest Single Year" option at City expense effective January 1, 1992. - 32 - ARTICLE 22 SALARY SCHEDULE Section 1 Salary Schedule Effective July 1, 1994. Range Description Step A Step B Step C Step D Step E FIREFIGHTER F121 Bi-weekly 1,197.62 1,257.50 1,320.38 1,386.42 1,455.73 Annual 31,138.00 32,695.00 34,330.00 36,047.00 37,849.00 Monthly 2,594.83 2,724.58 2,860.83 3,003.92 3,154.08- 40-Hr Week 14.97 • 15.72 16.50 17.33 18.20 56-Hr Week 10.69 11.23 11.79 12.38 13.00 - FIRE ENGINEER F130 Bi-weekly 1,331.54 1,398.12 1,468.04 1,541.42 1,618.50 Annual 34,620.00 36,351.00 38,169.00 40,077.00 42,081.00 Monthly 2,885.00 3,029.25 3,180.75 3,339.75 3,506.75 40-Hr Week 16.64 17.48 18.35 19.27 20.23 56-Hr Week 11.89 12.48 13.11 13.76 14.45 FIRE CAPTAIN F140 Bi-weekly 1,564.92 1,643.15 1,725.31 1,811.58 1,902.15 Annual 40,688.00 42,722.00 44,858.00 47,101.00 49,456.00 Monthly 3,390.67 3,560.17 3,738.17 3,925.08 4,121.33 40-Hr Week 19.56 20.54 21.57 22.64 23.78 56-Hr Week 13.97 14.67 15.40 16.17 16.98 FIRE PLATOON COMMANDER F150 Bi-weekly 1,725.23 1,811.50 1,902.08 1,997.19 2,097.04 Annual 44,856.00 47,099.00 49,454.00 51,927.00 54,523.00 Monthly 3,738.00 3,924.92 4,121.17 4,327.25 4,543.58 40-Hr Week 21.57 22.64 23.78 24.96 26.21 56-Hr Week 15.40 16.17 16.98 17.83 18.72 FIREFIGHTER CLASS I FCLASSI Bi-weekly 1,077.88 1,131.77 1,188.35 1,247.77 1,310.15 Annual 28,025.00 29,426.00 30,897.00 32,442.00 34,064.00 Monthly 2,335.42 2,452.17 2,574.75 2,703.50 2,838.67 40-Hr Week 13.47 14.15 14.85 15.60 16.38 56-Hr Week 9.62 10.11 10.61 11.14 11.70 FIREFIGHTER CLASS II FCLASSII Bi-weekly 1,137.73 1,194.62 1,254.35 1,317.-08 1,382.92 Annual 29,581.00 31,060.00 32,613.00 34,244.00 35,956.00 Monthly 2,465.08 2,588.33 2,717.75 2,853.67 2,996.33 40-Hr Week 14.22 14.93 15.68 16.46 17.29 56-Hr Week 10.16 10.67 11.20 11.76 12.35 -33- ARTICLE 22 - SALARY SCHEDULE Page 34 Section 2 Salary Adjustments The City agrees to provide an update of the City's financial condition by the Finance Director to the Association as available. At the start of the first pay period of September 1995, salaries of FFA employees will be increased by 3%, conditioned on the following: A. That the City's General Fund projected revenue for fiscal year 1995-96 does not fall below $16,800,000, as a result of State, County or Federal action or other cause, and such fact is known by the City prior to September 1995. This figure represents the amount the City must see in its anticipated revenue on prior to September 15, 1995, in order to afford a 3% raise for FFA employees. Salaries will be increased by 2% if anticipated revenues only reach 16,700,000. Salaries will be increased by 1 % if anticipated revenues only reach 16,600,000. B. Further, that the City's projected sales and use tax figure for the fiscal year 1995-96 not fall below 8 million, also to be determined on or about December 15, 1995. For purposes of comparison, the following figures are noted: FISCAL YEAR 001 GENERAL FUND ESTIMATED REVENUES FOR THAT'FY 001 GENERAL FUND-3010 ESTIMATED SALES & USE TAXES FOR THAT FY* 1989-90 16,208,910 9,600,000 1990-91 17,406, 790 10, 010, 000 1991-92 16,331,950 9,300,000 1992-93 16, 688, 850 8,700,000 1993-94 15,555,750 8,000,000 *These figures do not include the sales tax generated by and debt service paid for Plaza Bonita. At the start of the first pay period in July 1996, salaries of Fire Safety employees will be increased by 5%. ARTICLE 23 CALL BACK AND STANDBY/ON-CALL 1. All employees covered by the terms of the Agreement who are called back to work from off -duty shall be paid for not less than two (2) hours at one and one-half (1-1/2) times the basic pay rate. Immediate call back will receive one (1) additional hour of travel time. 2. Off -duty personnel may be required by the Fire Chief to remain on standby/on- call status and shall receive one-half (.5) hour of CTE for each four (4) hours of required standby time. -35- ARTICLE 24 SHIFT EXCHANGES The City agrees that employees shall have the right to exchange, subject to prior approval of the Chief or his authorized designee, duty shifts when the changes do not interfere with the operation of the Fire Department. The Association agrees that shift exchanges shall in no way become subject to overtime pay. (1) The Chief's authorized designee may be one shift Captain from the requesting individual and one shift Captain from the receiving man involved in the shift exchange. The Chief may change his designee at any time. (2) Shift exchanges may be for a minimum of one (1) hour to a maximum of twenty-four (24) hours for any one request. (3) Personnel may work more than twenty-four (24) hours straight and not more than forty-eight (48) hours at one request, except by approval of the Chief. (4) Working in excess of twenty-four (24) hours will not be cause for denial. -36- ARTICLE 25 TRAINING Section 1 EMT Training - The City will determine if EMTFS certification is required for all classifications covered by this agreement. If the EMTFS requirement is maintained all training and recertification will be provided on City time (during regularly scheduled work hours). In the event that EMTFS is not required by the City, any requirement to obtain or maintain EMTFS certification described in the class specifications for Firefighter, Fire Engineer and Fire Captain will be deleted. Fire Investigation Training - up to $500 annually will be provided to employees assigned to Fire Investigation for specialized training in fire investigation which is considered necessary by the Fire Marshal and approved by the Fire Chief. Section 2 The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to twelve (12) units per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community college. 4. The course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. Reimbursement under this Plan will be made upon completion of the coursework as per part 2, above. -37- ARTICLE 26 STAFFING The City agrees to the following manning level during the term of the Agreement. Section 1 The City shall have not less than two (2) Fire Captains and two (2) Fire Engineers on duty in the operations division at all times. Section 2 Each three (3) man engine company shall be manned in the following manner - one rated Fire Captain, one rated Fire Engineer and one rated Firefighter. Section 3 The City shall be obligated to man each required engine company with rated personnel at all times. Circumstances in which non -rated personnel are used shall be governed by Article 4, Out -of -Class Pay. Inability to provide rated personnel may be permitted in circumstances out of the department's control, such as lack of rated manpower due to employee initiated absences which are unplanned such as sick leave, special leave, off -the -job incurred injury or other acts of God. Section 4 In the event a Platoon Commander is on vacation, an attempt will be made to fill the vacancy with a rated Platoon Commander. In the event a Captain is on vacation, an attempt will be made to fill the vacancy with a rated Captain. In the event an Engineer is on vacation, an attempt will be made to fill the vacancy with a rated Engineer. (1) Personnel may work more than twenty-four (24) hours straight and not more than forty-eight (48) hours at any one request, except by approval of the Chief. (2) Working in excess of twenty-four (24) hours will not be cause for denial. -38- ARTICLE 27 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for legal cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity; standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise control and discretion over its organization and the technology of performing its work. -39- ARTICLE 28 TERMS OF PROVISIONS The provisions of this Memorandum of Understanding shall be effective and binding subject to approval of the National City Firefighters' Association and the City Council from the adoption of this document by the City Council through June 30, 1997_ This MOU is subject to all future and current applicable Federal of State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances which are in conflict with or are addressed by this MOU. -40- ARTICLE 29 DEFINITIONS COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall mean a person who is legally an incumbent of a position in the Classified Service or who is an authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY - Except as provided in Article 12, Section 2, immediate family shall include the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE - Shall mean an approved type of absence from work as provided for by these rules. -41 - Article 29 - Definitions Page 42 NORMAL WORK DAY - Shall mean operations personnel are not expected to work on projects of a non -emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of his own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION - Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis. PERMANENT STATUS - Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION - Shall mean any specific officer or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a part-time or full-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possess the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. Article 29 - Definitions Page 43 SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate or an hourly rate, as shown in the compensation plan of the City. SALARY STEP - Shall mean the location of a rate within a salary range, as identified by a letter of the alphabet. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on provisional basis. WORK DAY - Shall mean an eight (8) hour period as a normal work period. WORKSHIFT - Shall mean twenty-four (24) hour period as normal work. RESOLUTION NO. 94-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR FISCAL YEARS 1994-95, 1995-96, 1996-97 WHEREAS, the City has met and conferred with representatives of the National City Firefighter's Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association for the period September 1, 1994 through June 30, 1997. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 1994-95. A copy of said Memorandum of Understanding shall be on file in the office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 311 day of August, 1994. GEORGE WATERS, MAYOR ATTEST: Lo i Anne Peoples, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 1 V Passed and adopted by the Council of the City of National City, California, on August 31, 1994 by the following vote, to -wit: Ayes: Councilmen Dalla, Inzunza, Zarate, Waters Nays: Councilmen None Absent: Councilmen Morrison Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. .... of the City of National City, Calif., passed and adopted by the Council of said City on .August.3.1,..1.994 (Seal) By: City Clerk of the City of National City, California Deputy • y of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 31, 1994 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR FISCAL YEARS 1994-95, 1995-96, 1996-97 PREPARED BY EXPLANATION. Roger C. DeFratis Personnel Director APARTMENT Personnel Representatives of the City met and conferred with representatives of the National City Firefighters' Association (FFA) and reached agreement on a proposed three-year Memorandum of Understanding concerning salaries, benefits and other conditions of employment. The proposed Memorandum of Understanding was approved by the members of the Association. The effective date of this MOU is September 1, 1994. A summary of the changes to the current MOU is attached, and a full copy of the agreement is on file in the Office of the City Clerk. Environmental Review Financial Statement N/A This agreement would direct the City Manager to allocate an additional $93,000 to the Fire Department's 1994-95 Budget for this purpose. Account No. STAFF RECOMMENDATION Recommend Recommend approval of the Memorandum of Understanding and proposed Resolution. BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 9 4-12 6 1. Proposed Resolution 2. Summary of Changes 3. MOU on file in the City Clerk's Office A-200 (Rev. 9/80)