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HomeMy WebLinkAboutCC Res 3102 1981-09-14 1 I I RESOLUTION NO. 3/ t}d2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTER CITY, ESTABLISHING SALARY RATES. A SALARY AND WAGE SCHEDULE. AUTHORIZING THE IMPLEMENTATION OF CERTAIN EMPLOYEE BENEFITS FOR THE FIRE DEPARTMENT, AND REPEALING. ON THE EFFECTIVE DATES SPECIFIED. ALL RESOLUTIONS IN CONFLICT THEREWITH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The salary schedule as shown on Section 26 of Appendix A attached hereto and made a part hereof for each salary range and/or hourly rate of pay shall constitute the basic compensation and pay plan for all positions of pay in each salary range for full time positions in the Fire Department. The respective ranges are identified by number and the salary steps within each range by the letters "A" to "E" inclusive. The columnar headings at the top of each column establish the minimum length of service required for advancement to the next higher salary step. The salary schedule hereinafter shown is based on fifty-six (56) hours per week. Section 2. The salary schedule for each position classification is indicated in Section 26 of Appendix A attached hereto and made a part hereof, which indicates "A" through "E" steps of each classified position, in terms of a monthly salary rate for classified positions and the effective dates of each, if any increases. Section 3. The Memorandum of Understanding between the City of Seal Beach and the Seal Beach Fire Fighters Association is indicated as Appendix A. and is attached hereto and made a part hereof. Upon adoption of this . resolution, the wage increases, employee benefits and working conditions contained in Appendix A are effective upon the dates specified in Appendix A. Section 4. The provisions of this resolution relating to salary rates shall become effective as listed in Appendix A. PASSED, APPROVED. AND ADOPTED by the City counc~ the C. California, at a meeting thereof held on the ~ day 1981. by the following vo : AYES: Councilmembe NOES: Councilmembers ABSENT: Councilmembers ~~/eLdJ~ I I I APPENDIX A Resolution NUmber' INTRODUCTION MEMORANDUM OF UNDERSTANDING' rHIS MEMORANDUM OF UNDERSTANDING IS BY AND BETWEEN THE MANAGEMENT REPRESENTATIVES OF THE CITY OF SEAL BEACH. hereinafter referred to as "Management" and THE SEAL BEACH FIREFIGHTERS ASSOCIATION. as Association of Firefighters, Fire Engineers. Fire Paramedics and Fire Captains of the City of Seal Beach, hereinafter referred to as "Association". WHEREAS. Association petitioned City in accordance with provisions of Ordfnance Number 769. and was granted certification as a recognized employee organization representing all full-time Firefighters, Fire Engineers, Fire Paramedics and Fire Captains of the City; and WHEREAS. the duly appointed. recognized employee representatives of Association and Management representatives representing the City of Seal Beach have met and conferred in good faith on numerous occasions concerning wages. hours and terms and conditions of employment in conformance with the terms. conditions and provisions of Ordinance Number 769 and State Law; and WHEREAS, Association and Management representatives have mutually agreed to recommend to the City Council of the City of Seal Beach all the terms. conditions, hours and wages pertaining to employment with City for those employees represented by Association, as set forth in this Memorandum of Understanding. Appropriate ordinances, resolutions or other lawful actions shall be taken adopting and implementing provisions of this Memorandum of Understanding as approved by the City Council. - 1 - I I 1 Resolution Number MANAGEMENT RIGHTS Section 1. Management Rights. The City reserves, retains, and is vested with and is further encumbered by all rights and responsibilities of management as those rights are set forth in California statutory and case law, with specific, although not exclusive reference, being made to California Government Code 53500 et seq. known as the Meyers-Milias-Brown Act. The City shall have the exclusive right to determine the merits, necessity or organization of any service or activity provided by the City which shall specifically but not be limited to include the following: A. The right to manage the City generally and to determine those issues of policy which involve the merits. necessity or organization of the City's service. B. The right to determine the existence or non-existence of facts which are the basis of management decision which deal solely with the merits. necessity or organization of the City's service. C. The right to determine methods of financing. D. The right to discharge. suspend, demote. reprimand, withhold salary increases, and demerits as means of discipline or otherwise discipline employees for cause. E. To determine the nature, manner. means, and technology. and extent of services to be provided to the public. F. To determine types equipment or technology to be used. G. To determine and/or change the facilities. methods. technology, means organizational structure and size and composition of the work force. H. To 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, but not limited to, the right to contract for or subcontract any work or operation of the City. I. 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. J. To layoff employees from duties because of lack of work or funds. or under conditions where continued work would be ineffective or non-productive in accordance with established plan. K. To establish and modify productivity and performance programs and standards. - ? - 1 I 1 Resolution Number -MANAGEMENT RIGHTS L. To determine minimum qualifications. skills, abilities. knowledges. selection procedures and standards. job classifications and to reclassify employees in accordance with applicable Memorandum of Understanding and applicable resolution and code of the City to hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with applicable Memorandum of Understanding and applicable resolutions and codes of the City. M. To determine policies, procedures and standards for selection, training and promotion of employees with applicable Memorandum of Understanding and applicable resolution and codes of the City. N. To maintain order and efficiency in its facilities and operations. O. To establish and promulgate and/or modify rules and regulations to maintain order and safety and health in the City which are not in contravention with this agreement. P. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in applicable Memorandum of Understanding and pursuant first and fourteenth amendment rights granted to public employees. Q. To take any and all necessary action to carry out the mission of the Agency in emergencies. An emergency shall be defined as an unforeseen combination of circumstances or a resulting state that calls for an immediate action. ADMINISTRATION Section 2. Administration. A. City shall provide a bulletin board in the following location: Fire Station Number Three. Said bulletin board to be available for the purpose of posting notices pertaining to Association's business only. Association shall not use any other bulletin boards within City facilities. B. City recognizes Association's right to appoint or elect representatives to meet and confer with City's Management representatives on salaries. wages. and terms and conditions of employment. Association agrees to notify City in writing as to such representatives' identitY,and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full-time. C. Management agrees that the recognized representatives of Association, not exceeding six in number, shall be entitled to meet and confer with - 3 - 1 1 I Resolution Number ' -ADMINISTRATION Management during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose, providing that such time shall not exceed two (2) hours in anyone week. Management also agrees that such representatives may utilize not more than one (1) hour per month to twelve (12) hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. D. It is recognized and agreed that no Associstion business and/or meetings will be conducted and/or attended by employees: of the City during their respective hours of duty and work unless specified herein. RETIREMENT Section 3. Retirement. The existing retirement program for affected employees is provided for discretionary retirement at age fifty (50), the member to receive a retirement , of two percent (2%) of his final compensation for each year of service. as provjded, by Section 21252.01 of the California Government Code, together with the following amendments to said plan: A. Opti on to "buy-back" prior mi 1 i tary servi ce as provi ded by Secti on 20930.3 of the California Government Code. B. A widow's allowance of, one-half (~) of the member's retirement benefits upon his death. as provided by Section 21263 of the California Government Code. . C. All optional benefits, not specifically described herein, under 2% at 55. Current plan shall also apply to newly instated plan. D. Each of the above described requirement amendments shall be effective July 31, 1980. E. Effective February 1, 1982 the City shall pay that portion of the affected employees' retirement contribution that is equal to nine percent (9%) of the affected employees' base salary on February 1. 1982. The City will pay that established dollar amount for each affected employee for the term of this Memorandum of Understanding. Funds paid on behalf of the employee will continue to be deposited in the individual member's retirement account. - 4 - I I I Resolution Number .1 NSURANCE Section 4. Health Insurance. A. Administration. 1. Part time, seasonal, provisional and/or hourly employees. and volunteer firemen shall not be eligible for participation in this program. 2. No person who is eligible to receive Workmen's Compensation benefits is eligible to receive benefits from the City's group medical insurance. 3. Full time Fire Oepartment employees of the City who have completed thirty (30) days of uninterrupted service shall be enrolled in this insurance program on the first day of the next succeeding month. 4. Fire Department employees who change classification from full time to part time, provisional. hourly or seasonal shall not be eligible for this benefit. 5. City shall not pay premiums for any Fire Department employee on leave of absence without pay. who is absent from regular duties without authorization during the month and/or for any employee who has terminated from City ,employment for any reason. City shall pay premiums for Fire Oepartment employees receiving temporary payments from Workmen's Compensation Insurance. 6. All full time Fire Department employees eligible for this benefit are to be accorded the opportunity to enroll their eligible dependents in said plan. 7. Ths City reserves the right to select, change. administer, or fund any fringe benefits programs involving insurance that now exists or may exist in the future during the term of this Memorandum of Understanding. B. Selection and Funding. In the administration of fringe benefits programs involving insurance. the City shall have the right to select any insurance carrier or other method providing coverage to fund the benefits provided hereinafter during the, term of this Memorandum of Understanding. C. Changes. Provided however that the City shall notify the Association prior to any change of insurance carrier or method of funding coverage for any - 5 - I I I Resolution Number 1NSURANCE fringe benefits provided hereinafter during the term of Memorandum of Understanding. No changes in insurance carrier or methods of funding coverage shall result in the reduction of benefits to any employee covered by this agreement. Irrespective of the carrier or plan in effect from time to time. D. Coverage. The health insurance coverage in existence at the time of adoption of this Memorandum of Understanding will be continued for the duration of this Memorandum of Understanding, with the City continuing to provide full employee and dependent premium coverage during the term of this Memorandum of Understanding. Section 5. Dental Insurance. A. Management agrees to administer and assume one-hundred percent (100%) of the cost of employee and dependent dental premium coverage. B. Management agrees to continue to administer and assume one-hundred percent (100%) of the cost of employee and dependent dental premium coverage for those employees enrolled in Supplemental Dental Plans. Inc. on the date of execution of this Memorandum of Understanding for the period that those affected employees and/or dependents continue to receive orthodentive treatment who were receiving such treatment as of September 30, 1980. Section 6. Life Insurance. A. Each affected employee shall be provided a one~hundred percent(lOO%) City paid term life insurance policy with a face value of twenty-five thousand dollars ($25,000). Each affected employee's spouse shall be provided a one-hundred percent (100%) City paid life insurance policy with a face value of fifteen-hundred dollars ($1500) and each affected employee's dependent child (six (6) months to twenty-one (21) years of age) shall be provided a one-hundred percent (100%) City paid life insurance policy with a face value of five-hundred dollars ($500). B. Part time. seasonal, provisional and/or hourly employees and volunteer firemen shall not be eligible for participation in this program. - 6 - Resolution Number ' ~NSURANCE 1 C. Full time Fire Department employees of the City who have completed sixty (60) days of uninterrupted service shall be enrolled in this insurance program on the first day of the next succeeding month. D. Fire Department employees who change classification from full time to part time. provisional, hourly or seasonal shall not be eligible for this benefit. E. City shall not pay premiums for any Fire Department employee on leave of absence without payor for any Fire Department employee who has terminated from City employment for any reason. F. City shall not make any monthly premium payment on behalf of any Fire Department employee who has been absent without authorization during said month. G. City agrees to provide commencing September 1,1973, a group life insurance plan providing life insurance coverage of ten-thousand dollars ($10,000) for each full time classified Fire Department employee. commencing on the sixty-first (61) day of full time employment. H. Any Fire Department employee of City who has not completed sixty (60) days of service but who is enrolled in any insurance benefit program listed in this section shall remain in said program except as provided in this section. or as provided for in the rules and regulations of the current insurance policies. I EDUCATIONAL INCENTIVE Section 7. Educational Incentive. Management agrees to prOVide the following monetary educational assistance to sworn employees of the Fire Department. I Units Completed Units in Fire Science Incentive 30 16 2.5% of base salary 60 or A,A. 21 3% of-base salary Bachelor's Degree 31 4% of base salary - 7 - 1 I 1 Resolution Number UNIFORM ALLOWANCE Section 8. Uniform Allowance. The City will provide to each affected employee a uniform allowance of three-hundred dollars ($300) per year to be utilized as per fire department policy. MINIMUM PROMOTIONAL SALARY INCREASE Section 9. Minimum Promotional Salary Increase. Management agrees that the minimum salary increase for persons promoted in the fire service shall be five (5%) over the pay received in the prior position classification. INCOME CONTINUATION Section 10. Income Continuation. A. The City will provide long-term disability insurance to each affected employee equal to sixtycsix and two-thirds (66 2/3%) of the employees base salary to a maximum of fifteen-hundred ($1500) per month as provided by the California State Fireman's Assocation. B. Part time. hourly, seasonal and/or provisional Fire Department employees, volunteer firemen, and any Fire Department employee who is not employed on a continuous. full time basis shall not be eligible for income continuation insurance. C. No Fire Department employee who is eligible to receive workmen's compensation insurance payments is eligible to receive payments from the income continuation insurance. D. Full time Fire Department employees who have completed sixty (60) days of continuous, uninterrupted service after the 15th day of the month in which employee is hired shall be eligible for this benefit on the first day of the next succeeding month. E. City of Seal Beach shall not make any monthly premium payments on behalf of any Fire Department employee who has been absent without authorization during said month. Payments shall be made on behalf of those Fire Department employees who are receiving workmen~s compensation payments for temporary disability. - 8 - Resolution Number. 'INCOME CONTINUATION F. Fire Department employees who change classification from full time to a classification of part time. seasonal, provisional, or hourly shall not be eligible for coverage. III MOVE UP COMPENSATION Section 11. Move Up Compensation. For each hourly period that an affected employee performs duties of the next higher classification, then such affected employee shall receive compensation in addition to his/her base pay, as follows: Firefighter to Engineer 5% Firefighter to Captain 7.5% Engineer to Captain 5% Engineer to Battalion Chief 7.5% Captain to Battalion Chief 5% Captain to Assistant Chief 7.5% I Paramedic to Captain 5% Paramedic to Battalion Chief 7.5% Should such affected employee perform his/her duties in a classified position two ranks above the normal classification, that individual will receive compensation in the amount of seven and one-half (7~%) above his/her then existing base salary. STAND-BY I Section 12. Stand-by. A full time employee of the Fire Department when officially assigned by the Fire Chief or his designee to stand-by shall be compensated at a rate of twenty-five ($25) per day for up to three (3) days. No compensation shall be accrued after the third day. - 9 - Resolution Number eALL BACK COMPENSATION Section 13. Call Back Compensation. All full time Fire Department employees called back to duty shall be reimbursed for each hour of call back time at the same hourly rate as the affected employee's base pay. A minimum of two (2) hours pay is guaranteed. I COMPENSATORY TIME OFF Section 14. Compensatory Time Off. Each affected employee shall be entitled to accrue a maximum of one-hundred hours of compensatory time off computed at straight time. Said compensatory time off shall be utilized at the request and convenience of the affected ~mployee, subject to reasonable administrative approval. Compensatory time accumulated in excess of one-hundred hours shall be paid at straight time. PARAMEDIC RECERTIFICATION PAY I Section 15. Paramedic Recertification Pay. Each affected employee who completes recertification procedures for the position of Paramedic will be provided a five-hundred ($500) dollar lump sum payment. upon completion of recertification. The City will not deduct taxes from said payment and will not include said payment as part of the employee's gross compensation. OVERTIME COMPENSATION Section 16. Overtime Compensation. Effective August 1, 1981 affected employees will be compensated at a rate of time and one-half for "forced-in" mandatory overtime. The following situations are exempt from the time and one-half rule and will be paid at straight time. A. Recall for emergency situation, I B. Stand~by time (Section 12). Management reserves the right to bring this item back for discussion with the Association during the first six months of this agreement should any problems occur in the administration of this program. - 10 - 1 I 1 Resolution Number PAYROLL DEDUCTIONS Section 17. Payroll Deductions. The City shall not be required to make payroll deductions for any other items or reasons except as specified in this Memorandum of Understanding. Management shall determine in the interest of cost and efficiency as to whether said deductions shall be on a monthly basis or on each semi-monthly payroll. Management may require notice from employee of any change or modification in any payroll deduction authorized in this section of this Memorandum of Understanding. Said notice may be required at least ten (10) days prior to the effective date of said requested modification or change. Management agrees that payroll deductions are authorized for purposes of an employee depositing funds or making payments directly to a federal credit union, providing that any deduction shall not be less than five dollars ($5.00) on a monthly basis. or two dOllars and fifty cents ($2.50) if semi-monthly deductions for such purpose are authorized by Management. City agrees to deduct regular monthly Association dues from salary or wages of any Association member when authorized to do so by said City employee in writing in a form satisfactory to City and to remit such deductions to Association within fifteen (15) days after making such deduction from an employee's salary or wages and within the terms of the signed deduction authorization dues. the remittal of same by City to Association shall constitute payment of said dues of such employee and member of Association. OPERATIONS OFFICER Section 18. Operations Officer. The payment of a five per.cent (5%) above the base pay bonus is hereby authorized for one (1) Fire Department employee designated by the Fire Chief as "Operations Officer". The "Operations Officer" shall be scheduled to work a forty (40) hours/eight (8) hours per day week. SPECIAL DUTY COMPENSATION Section 19. Special Duty Compensation. If any sworn employee is ordered to work a work schedule other than the existing standard fifty-six (56) hour work week, three platoon shift schedule, he - 11 - 1 I I Resolution Number' SPECIAL DUTY COMPENSATION shall receive for all time worked on such other schedule an additional two and one-half per-cent (2~%) over and above his base pay for that time period. In addition, for each hour such employee shall work in excess of forty (40) hours during anyone week, he shall be entitled to receive overtime computed upon a forty (40) hour work week by dividing the employee's monthly salary by 173.3. HOLIDAY COMPENSATION Section 20. Holiday Compensation. Each affected employee shall accrue holiday time at a rate of six (6) hours per month (seventy-two (72) hours annually). Holiday time remaining on the books for each affected employee on July 31 of each calender year shall be paid to the affected employee at the same rate as the employee's base pay. VACATION COMPENSATION Section 21. Vacation Compensation. Each affected employee shall accrue vacation time at the rates established below for years of service: Years of Service Monthly Hourly Accrue 1-5 years 16 hours/month 6 years 17 hours/month 7 years 18 hours/month 8 years 19 hours/month 9 years 20 hours/month 10 years 21 hours/month BENEFITS LIMITATIONS Section 22. Benefits Limitations. City shall not pay on behalf of any Fire Department employee the cost of any fringe or supplemental wage benefits. including, but not limited to, group life insurance, income continuation insurance, group health and hospital - 12 - Resolution Number BENEFITS LIMITATIONS 1 insurance. uniform allowance and/or supplemental pay, or the wages or salaries of said employee during any unauthorized absence or during any period of time such employee is suspended without payor on leave of absence without pay. In such instances, however, employee may make arrangements to pay such costs by authorized payroll deductions and/or cash payment to City. SICK LE~VE Section 23. Sick Leave. A. The rate at which sick leave benefits is earned shall be twenty-four (24) hours per month. B. There shall be no limit on the amount of sick leave hours that can be accrued. C. Upon retirement or termination after ten (10) years of service. an employee shall receive a cash payment equal to the value of twenty-five per, cent (25%) of his/her unused accumulated sick leave II in excess of 1000 hours based upon his/her salary rate at that time. D. Upon a disability retirement, an employee shall receive a cash payment equal to the value of fifty per-cent (50%) of his unused accumulated sick leave at that time, based upon his salary rate at that time. , BEREAVEMENT LEAVE 1 Section 24. Bereavement Leave. Each sworn employee shall receive as bereavement leave which is not part of his sick leave benefits. five (5) consecutive calender days off. without loss for each incident of death, serious illness, or catastrophe to any members of his immediate family. Immediate family is defined as: Spouse. Parents, Siblings. Grandparents, Dependent Relatives. - 13 - Resolution Number SEPARABILITY Section 25. Separability. If any provision of the Memorandum of Understanding, or the application of 1 such provision to any person or circumstance, shall be held invalid, the remainder of the Memorandum of Understanding, or the application of such provision to persons or circumstances other than those as to which it is held invaJid, shall not be affected thereby. SALARIES Secti on 26. Salaries. Listed below are the salaries of all affected employees and shall remain in effect until January 31. 1982: After ,s,i x After one After one After one ,months in year in year in year in next lower next lower next lower next lower class class class class Position Classification A B ~ D E I Firefighter $1,455 $1.528 $1,603 $1.673 $1.757 Fire Engineer 1.568 1.646 1,730 1,817 1,907 Firefighter/ Paramedic 1,609 1.690 1,772 1,862 1.955 Fire Inspector 1.648 1,730 1,817 1.907 2,002 Fire Captain 1,809 1,894 1,986 2,085 2.189 On February 1, 1982. the following salary schedule will go into effect: After six After one After one After one months in year in year in year in next lower next lower next lower next lower class class class class Position Classification A B C l ....L Firefighter $1,528 $1,604 $1.684 $1.757 $1,845 1 Fire Engineer 1,646' 1.728 1,817 1.908 2.002 Firefighterl Paramedic 1,689 1,775 1.861 1.955 2.053 Fire Inspector 1,730 1.817 1.908 2,002, 2,102 Fire Captain 1,899 1.989 2,085 2,189 2,298 - 14 - \ , 1 I I Resolution Number ~ASTER MEMORANDUM OF UNDERSTANDING Section 27. Master Memorandum of Understanding. A. It is agreed that this Memorandum of Understanding is considered to be a "Master" Memorandum of Understanding which incorporates all previously agreed upon written terms and conditions of employment of past Memorandums of Understanding. This Memorandum of Under- standing shall not be modified prior to its expiration unless by mutual consent of both parties. B. Maintenance of Existing Benefits Except as provided herein other terms and conditions of employment presently enjoyed by employees represented by the Association shall remain in full force and effect during the entire term of this Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. Both parties understand that there are various items that may have developed into working conditions which are not detailed in writing but which will be maintained under this agreement. TERM Section 28. Term. The term of this Memorandum of Understanding shall commence on August 1,1981, and shall continue through and including July 31,1982. IMPLEMENTATION Section 29. Implementation. This Memorandum of Understanding is subject to approval and adoption' by the City Council and ratification of the required number of the duly authorized representatives of the Association. Following such approval and adoption, the , Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s) or other written action of the City Council. 15 1 I I Dated Da ted Resolution Number SEAL BEACH FIREFIGHTERS ASSOCIATION r;/lk/ dn"r II/. 4~4- ~~A~J1;hlk ,tJr CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES 7/s/ff/ 16