HomeMy WebLinkAboutCity Council - 4340 A RESOLUTION NO. 4340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING
A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON
BEACH FIREMEN' S ASSOCIATION
The City Council of the City of Huntington Beach does
hereby resolve as follows :
The Memorandum of Agreement between the City of Huntington
Beach and the Huntington Beach Firemen' s Association effective
July 1 , 1976, a copy of which is attached hereto and by refer-
ence made a part thereof, is hereby adopted and ordered imple-
mented in accordance with the terms and conditions thereof.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
6th
i
g g
day of October, 1976 .
I0- Mayor
ATTEST.
APPROVED AS TO FORM:
I ty C1
APPROVED AS TO CONTENT: is olas Counter III
Labor Relations Counsel
Ci A ministrator
APPROVED BY INITIATING DEPARTMENT:
a ?:� —
Director Personnel & Labor Relations
EXHIBITS A, B, C, D, E, F, AND G ARE ON FILE
IN CITY CLERK'S OFFICE - 82 - H B FIREMANS ASSOC.
a
MEMORANDUM OF AGREEMENT
Between
THE CITY OF HUNTINGTON BEACH, CALIFORNIA
(hereinafter called CITY)
and
THE HUNTINGTON BEACH FIREMEN` S ASSOCIATION
(hereinafter called ASSOCIATION)
PREAMBLE
WHEREAS, pursuant to California Law, the CITY,
acting by and through its designated representatives, duly
appointed by the governing body of said CITY, and the repre-
sentatives of the ASSOCIATION a duly g P recognized employee
ee
association, have met and conferred in good faith and have
fully communicated and exchanged information concerning wages,
hours and other terms and conditions of employment for the
fiscal years 1976-1977 and 1977-1978; and
WHEREAS, except as otherwise expressly provided
herein, all terms and conditions of this Agreement shall
apply to all employees represented by the ASSOCIATION; and
WHEREAS, the representatives of the CITY and the
ASSOCIATION desire to reduce their agreements to writing,
NOW, THEREFORE, this Memorandum of Agreement is made
to become effective July 1, 1976, and it is agreed as follows:
ARTICLE 1
REPRESENTATIONAL UNIT
It is recognized that the Huntington Beach Firemen' s
Association is the employee organization which has the right
. to meet and confer in good faith with the CITY on behalf of
employees of the City of Huntington Beach within the follow-
ing classification titles:
Fire Dispatcher
Fire Apprentice
Fire Fighter
Supervising Fire Dispatcher
Fire Engineer
Fire Paramedic
Fire Protection Specialist
F Fire Captain
Deputy Fire Marshal
ARTICLE 2
SALARY SCHEDULES
A. Effective July 1, 1976, the monthly salary rates
for the classifications of Fire Fighter, Fire Engineer, Fire
Paramedic, Fire Protection Specialist, Fire Captain, Deputy
Fire Marshal (hereinafter referred to as Sworn Personnel)
shall be increased by six percent (6%) , and the monthly salary
rates for the classification of Fire Dispatcher and Supervi-
sory Fire Dispatcher (hereinafter referred to as rdon-Sworn
Personnel) shall be increased by five percent (50) .
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B. Effective January 1, 1977, the monthly salary
rates for all Sworn Personnel shall be increased by two
percent (2%) , and the monthly salary rates for all Non-Sworn
Personnel shall he increased by four percent (4%) .
C. Effective April 1, 1977, the monthly salary
rates for all Non-Sworn Personnel shall be increased by
three percent (3%)
D. Effective July 1, 1977, the monthly salary rates
for' all Sworn Personnel shall be increased by four percent
(4%) , and the monthly salary rates for all Non-Sworn Personnel
shall be increased by five percent (50) .
E. Effective January 1, 1978, the monthly salary
rate for Step E of the classification of Fire Fighter shall
be increased, if necessary, to equal the average monthly base
salary rate for the top or highest step in the salary range
(excluding longevity pay or other special compensation)
for the classification of Fire Fighter (or other position
comparable to the Fire Fighter classification in Huntington
Beach) in the following jurisdictions as of September 30,
1977 : Torrance, Anaheim, Glendale, Riverside, Inglewood and
Pasadena. Steps A through D of the Fire Fighter classifica-
tion and the monthly salary rates of the remaining classifi-
cations of Sworn Personnel shall be adjusted accordingly so
as to maintain the then-existing percentage relationship with
Step E of the classification of Fire Fighter.
F. Effective June 1, 1978, the monthly salary rate
for Step E of the respective classifications of Fire Engineer
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and Fire Captain shall be increased, if necessary, to equal
the average monthly base salary rate for the top or highest
step in the salary range (excluding longevity pay or
other special compensation) for the respective classifications
of Fire Engineer and Fire Captain in the six jurisdictions set
forth above, as of September 30, 1977. Steps A through D of
each such respective classification shall be adjusted accor-
dingly so as to maintain the then-existing percentage relation-
ship with Step E of the appropriate classification. The
classifications of Fire Paramedic and Fire Protection Specialist
shall be adjusted accordingly so as to maintain the then-
existing percentage relationship with the classification of
Fire Engineer, and the classification of Deputy Fire Marshal
shall be adjusted accordingly so as to maintain the then-
existing percentage relationship with the classification of
Fire Captain.
G. Salary shall be paid on a biweekly basis. By
mutual consent of CITY and ASSOCIATION, early payment and
other modifications can be made.
H. Paychecks shall be ready and available for dis-
tribution to each employee by 0800 hours on each pay day at
the Joint Powers Training Center, barring unforeseen circum-
stances beyond the control of CITY. A monthly paycheck stub
or memorandum accompanying the paycheck shall contain an
itemization of amounts paid under various categories of pay,
including educational incentive pay, holiday pay, and all
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overtime, and shall also contain an itemization of the nature
and the purpose of each deduction withheld from the employee's
gross earnings
ARTICLE 3
OVERTIME, COMPENSATORY TIME, STANDBY AND CALLBACK
A. OVERTIME
1. Non-exempt employees (as herein defined)
working a twenty-one (21) day work cycle shall receive pay at
one and one-half (1-1/2) times their normal rate for all time
deemed to have been worked in excess of 168 hours in the
21-day cycle. In determining hours deemed to have been worked
under this paragraph A-1, so long as the work shift is a
modified twenty-four (24) hours, averaging 42 hours per week,
as described in Article 14 , a sleep period of six (6) hours
shall not be counted as hours deemed to have been worked,
except as provided in Article 14 , Section C. If the work
shift reverts to a regular twenty-four (24) hours averaging
56 hours per week, as provided in Article 14-G, the entire
period of 24 hours, without deduction for a sleep period,
shall be counted as hours deemed to have been worked.
2. During the term of this Agreement, all Fire
Dispatchers shall continue to work the ten (10) and fourteen
(14) hour shift work schedule presently worked by them. Said
scheduled hours include four (4) hours of overtime
during each two-week cycle for which they shall receive over-
time pay at their straight time rate. They shall receive
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overtime pay at one and one-half (1-1/2) times their normal
rate for all time actually worked in excess of said 'scheduled
hours in any two-week pay period.
3. Non-exempt employees on a regular forty (40)
hour per week work schedule will be compensated at a rate of one
and one-half (1-1/2) times their normal rate for hours deemed
to have been worked in excess of forty (40) hours in any week.
4. Non-exempt employees are those employees in
all classifications except supervising fire dispatchers, fire
captains, and deputy fire marshals.
5. Entitlement to overtime pay for all non-
exempt sworn fire fighting personnel covered by this Agreement
shall be calculated on the basis of time deemed to have been
worked, including paid time off and time actually worked.
If Article 14 is revoked as provided in Article 14-G, hours
deemed to have been worked shall include only hours actually
worked.
6. The City will maintain and adhere to the
overtime callback system as set out in "Huntington Beach Fire
Department Organization Manual, Policy D-3" , published
June 25, 1975, a copy of which is attached hereto and incor-
porated herein as Exhibit "A" . The overtime callback system
and/or "Policy D-311 may be modified by mutual agreement of
the parties at any time during the term of this Agreement.
It
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B. COMPENSATORY TIME. In lieu of compensation by
cash payment far overtime as provided in Article 3, Section
A, employees may, at their option, and with approval of the
Fire Chief, be compensated by compensatory time at. a rate
equivalent to that utilized to compute the cash payment had
compensation been provided in that form.
Compensatory time may be accumulated to a maxi-
mum of 120 hours. Upon his/her request, any employee shall
be entitled to payment in full at his/her then-current salary
rate for any compensatory time accrued by him/her.
C. STANDBY. Any employee who is ordered to be
available on a standby basis for possible recall to duty or
who is scheduled to work overtime in advance of the time set
forth for such scheduling in "Policy D-3, " attached :as Exhibit
E
"A" hereto, which scheduling is subsequently cancelled, shall
receive a minimum of two (2) hours pay at the straight time
rate for (1) each work shift the employee is on standby and/or
(2) each overtime work shift scheduled in advance and subse-
quently cancelled.
If the employee is ordered to work and commences
to work before two (2) hours standby has elapsed, he shall
be paid for actual time on standby up to commencement of
duty time, at which time the employee is on regular pay
status at the straight time rate, except to the extent that
such hours worked may qualify for time and one-half based
on overtime provisions.
i
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D. CALLBACK. Employees who are ordered to return
to duty on other than their regularly scheduled shift shall
receive a mininum two (2) hours compensation at straight time
pay or pay for actual hours worked, whichever is greater.
Actual hours worked shall be counted as hours deemed to have
been worked for purposes of overtime compensation.
E. HOLDOVER. An employee who is held over beyond
the end of his regular shift shall be compensated for the
actual time he is required to remain on duty, computed to the
nearest quarter hour.
F. REPLACEMENT CALLBACK. If an employee is called
back to work overtime for a period not coinciding exactly
with the entire scheduled 24-hour work shift (i.e. , 0800
' hours to 0800 hours) to replace an absent employee, the over-
time compensation shall be calculated as follows provided,
however, that this paragraph F shall become inoperative in
the event either party exercises its option under paragraph 14G:
1. The replacing employee shall be compensated
at the appropriate rate (i.e. , straight time or time and one-
half, depending upon the number of hours he has been deemed
to have worked during the particular cycle) for all hours
which he/she is deemed to have worked pursuant to paragraphs
2 and 3 below.
2. If the replacing employee begins duty at or
after 1400 hours , he/she shall be deemed to have worked all
hours the employee is on duty without regard to whether or
not sleep time is used for sleep.
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3. If the replacing employee begins duty
before 1400 hours, he/she shall be deemed to have worked
18 hours, provided that compensation for sleep time shall be
calculated pursuant to Article 14-C; provided further,
however, that the number of hours between 0800 and the time
the employee began duty shall be deducted from the number
of hours the employee is deemed to have worked in excess of
18 hours as the result of the operation of Article 14-C_
4. Example of the above calculations :
(a) Employee A is called in to replace
employee B. A begins duty at 1500 hours, works to 2130 hours,
sleeps from 2130 to 0330 hours and works from 0330 to 0800
hours. A shall receive compensation at the appropriate rate
for 17 hours.
(b) If in the above example, A had slept '
from 2130 to 2400 and worked from 2400 to 0800 hours, he/she
would still receive compensation for 17 hours. '
(c) If, in the above example, A had
started duty at 1200 hours, worked to 2130 hours, slept
from 2130 to 2400 hours, and worked from 2400 to 0800 hours,
he/she would receive compensation for 18 hours deemed worked,
plus 2 hours pursuant to Article 14-C (6 hours pursuant to
Article 14-C less 4 hours from 0800 to 1200 hours)
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ARTICLE 4
INSURANCE
A. The CITY shall continue to provide group medical
insurance to employees with coverage and other benefits equal
to the Blue Cross Group Medical Plan Number 84394A in effect
as of July 1, 1976, a copy of which is attached hereto and
incorporated herein as Exhibit "B" .
B. The CITY will pay the premiums for dependent
health insurance 1 B r Medical Plan
n equal to the Blue Coss Group e
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delineated in Article 4, Section A, for those employees who
have accumulated 480 or more hours of sick leave in accord-
ance with Article 6. The use of all or part of said
sick leave after the accumulation of said 480 or more hours
shall not terminate or suspend the employees' right to have
such premiums paid by the CITY.
Effective April 1, 1977, the CITY shall pay all
of said premiums for dependent health insurance, as described
above, for all employees who have completed three (3) years
of service with the CITY, irrespective of the number of hours
of sick leave accumulated by them.
C. The CITY shall provide for each employee, at
CITY' s cost, $1, 000 of life insurance with coverage equal
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to the Group Life Insurance Plan in effect on July 1, 1976,
a copy of which is attached hereto and incorporated herein
as Exhibit "C" . Said insurance shall contain provisions for
optional supplemental coverage at the employees' cost.
D. The CITY shall continue to provide and make
available for employee benefit at the employees ' option and
cost, a long term disability insurance plan equal to the
Group Disability Insurance Plan in effect on July 1, 1976,
a copy of which is attached hereto and incorporated herein
as Exhibit "Dtt
E. Nothing in this Article 4 shall be deemed to
restrict the CITY' s right to change insurance carriers should
circumstances warrant.
e F. Nothing in this Article 4 shall be deemed to
obligate the CITY to improve the benefits outlined in this
Article 4.
ARTICLE 5
DENTAL PLAN
The CITY shall provide a dental plan for employees
and dependents as set forth in the agreement between the CITY
and James H. Kaufman, D.D.S, Incorporated, dated November 11,
1973, known as the "AAA" Plan offered by the Dentists' Group
Management Corporation, a copy of which is attached hereto
and incorporated herein as Exhibit "E" .
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ARTICLE 6
SICK LEAVE
Upon termination, employees shall be paid at their
current salary rate for twenty-five percent (25%) of unused,
earned sick leave from 480 through 720 hours, and for fifty
percent 500 of all unused earned sick leave for hours
in
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excess, of 720 hours.
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ARTICLE 7
HOLIDAYS
A. Employees shall be compensated by the CITY in
lieu of holidays at the rate of .04375 of the employee's
monthly salary rate set forth in Article 2, payable each and
every pay period, for the following recognized legal holidays:
(1) New Year' s Day (January 1)
(2) Lincoln's Birthday (February 12)
(3) Washington's Birthday (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Columbus Day (second Monday in October)
(8) Veterans' Day (last Monday in October)
(9) Thanksgiving Day (fourth Thursday in November)
(10) Friday after Thanksgiving
(11) Christmas Day (December 25)
B. In the event that a holiday, other than the
holidays set forth in Article 7 , Section A, is officially
declared by the President of the United States, the Governor
of the State of California, or the CITY to be a national,
state or city holiday, employees shall be compensated by CITY
at the equivalent of eight (8) hours at the monthly salary
-rate set forth in Article 2.
C. Holidays which fall on Sunday shall be observed
the following Monday, and those falling on Saturday shall be
observed the preceding Friday.
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D. Employees designated by the Fire Chief who are
required to work regular shifts on the above holidays set
forth in Article 7, Section A, shall not be entitled to time
off or overtime. They shall accrue time for holiday pay
purposes based on the number of days in the calendar year that
general city offices are closed in observance of legal holidays,
Saturdays and Sundays excluded.
E. Any employee who does not work shift work may
take time off in lieu of holiday pay as set forth in
Article 7, Section A.
ARTICLE 8
VACATIONS
A The purpose of annual vacation is to provide a
rest period which will enable each employee to return to work
physically and mentally refreshed. All employees shall be
entitled to annual vacation with pay in accordance with this
Article 8.
B. VACATION ALLOWANCE. Permanent, full time employees
shall accrue annual vacations with pay as follows:
(1) For the first five (5) years of continuous
service, vacation time shall be accrued at the rate of
ninety-six (96) hours per year.
(2) After five (5) years of continuous service
to the completion of ten (10) years of continuous service,
vacation time shall be accrued at the rate of 112 hours per
year.
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(3) After ten (10) years of continuous service
to the completion of fifteen (15) years of continuous service,
vacation time shall be accrued at the rate of 128 hours per
year.
(4) After fifteen (15) years of continuous
service, vacation time shall be accrued at the rate of 160
hours per year.
C. VACATION: WHEN TAKEN. No vacation may be taken
until the completion of six (6) months of employment. No
employee shall be permitted to take a vacation in excess of
actual time earned and vacation shall not be accrued in
excess of 320 hours. Vacations shall be taken only with per-
mission of the Fire Chief who shall schedule all vacations
with due consideration for the request of the employee and
particular regard for the need of the department.
D. HOLIDAYS OCCURING DURING VACATION. In the event
one or more holidays as set forth in Article 7 , Sections A and
B, falls within a vacation period of an employee, not receiving
holiday pay in accordance with Article 7, Section F., said day
or days shall not be charged against the vacation allowance
as defined in this Article 8, but the vacation may be
extended accordingly.
E. VACATION PAYCHECK. Each employee shall, at his
option, by written notice to the CITY Finance Director given
at least two (2) weeks prior to the commencement of said
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employee' s scheduled vacation, be entitled to receive his
earned vacation pay less deductions in advance of said
vacation. Said right to receive advance payment of earned
vacation pay shall be limited to one such advancement during
each employee' s anniversary year.
F. VACATION PAY UPON TERMINATION. No employee shall
be paid for unused vacation other than upon termination of
employment at which time said terminating employees shall
receive compensation at his current salary rate for all unused,
earned vacation to which he is entitled up to and including
the effective date of his termination.
G. VACATION AVAILABILITY BY SHIFTS . The Fire
Department operates on a three-shift basis, with personnel
being assigned to either the "A, ""B or "C" Shift for work
scheduling purposes. On each such shift, there shall be four
(4) available vacation absences (referred to as "vacation
slots") . That is, at any one time, there may be 4 persons
absent from duty on each such shift due to vacation. Three
of these slots shall be made available by rank, one to Firemen,
one to Engineers, one to Captains, and one slot shall be
available to persons assigned to duty as a Paramedic. In
the event that a "rank vacation slot for any given period
is not taken by a person of the rank to which it is available,
persons of other ranks may apply for its use, provided that
only one Captain may be absent from each Shift at any one
time due to vacation. Paramedic vacation slots shall be
available only to Paramedics.
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ARTICLE 9
BEREAVEMENT LEAVE
Employees shall be entitled to bereavement leave
not to exceed two (2) work shifts for those employees on
the twenty-four (24) hour work schedule or three (3) work
shifts for all other employees per calendar year in each
instance of death in the immediate family. Immediate family
is defined as father, mother, sister, brother, spouse,
children, grandfather, grandmother, stepfather, stepmother,
stepgrandfather, stepgrandmother, stepsisters, stepbrothers,
mother-in-law, father-in-law, brother-in-law, sister-in-law,
stepchildren or wards of which the employee is the legal
guardian.
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ARTICLE 10
COURT SERVICE
Employees who are subpoenaed to attend court to serve
as witnesses, or who are summoned to perform jury service,
shall be entitled to their regular compensation while serving
provided the fees, ,except mileage and subsistence allowance,
if any, which they receive as jurors or witnesses, are remitted
to the CITY.
ARTICLE II
EDUCATION INCENTIVE PLAN
A. Employees shall be compensated by CITY for an
education incentive as follows:
Education HBFD Continuing
Incentive - Completed- - Year of Monthly Education
Level Units Tenure Amount Maintenance Units
I Cert.in Fire 1 $ 50 6
Science or
30 Units
II 60 Units 2 $ 70 3
III 90 Units (or 3 $ 90 3
AA Fire Science)
IV 120 Units 5 $ 110 3
V BA or BS 6 $ 120 0
Degree
B. It is the purpose and intent of the Education Incen-
tive Plan to motivate the employee to participate in and continue
with his education so as to improve his knowledge and general
proficiency which will, in turn, result in additional benefits
to the 'fire department and to the CITY. When and as certain
levels of additional education are satisfactorily completed
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and attained, the employee will receive additional monetary
compensation in recognition of his educational achievement.
As used herein, "education" is defined as units in approved
college courses or approved special courses, seminars and
programs, or a combination thereof. t In order to implement
the foregoing, the following stipulations shall apply:
(1) Participation in the plan shall be available
to all employees.
(2) An education committee shall be formed and
shall be composed of three members Of said three members,
one shall be appointed by the ASSOCIATION, one appointed by
the Fire Chief and the Personnel Director or his designee.
(3) Certification to an education incentive
level and to the additional monthly compensation therefor
shall commence on the first day of the month after approval
by the Fire Chief and the Education Committee.
(4) Special courses, seminars and programs which
have been approved in advance by the education committee and
the Fire Chief shall be considered as educational units on
the basis of one unit for each eighteen (18) hours of
instruction. Fractional hours in one course, seminar or
program shall be cumulative and may be added to fractional
hours resulting from another course, seminar or program. Such
courses, seminars and programs shall be at CITY expense and
the employee shall attend either on-duty or off-duty at the
discretion of the Fire Chief.
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(5) An employee who has attained education
incentive levels I or II shall, so as to maintain himself
therein, satisfactorily complete either two college courses
which have been approved in advance by the education committee
and Fire Chief, or two special courses, seminars or programs,
or any combination thereof, during every two fiscal years,
except that one who has attained education incentive level II
with an AA degree shall, so as to maintain himself therein,
satisfactorily complete either one approved college course or
one special course, seminar or program, or any combination
thereof.
(6) An employee who has attained education
incentive level III may, so as to maintain himself therein,
satisfactorily complete either one college course which has
been approved in advance by the education committee and Fire
Chief, or one special course, seminar or program, or any
combination thereof, during each two fiscal years. Any
employee who elects to not fulfill the foregoing biannual
requirement shall revert to and thereafter receive the monthly
amount set forth for education incentive level II, but he
shall thereafter be reinstated to the monthly amount for
education incentive level III upon satisfactory completion of
the biannual requirements therefor.
(7) An employee who has attained education
incentive level IV may, so as to maintain himself therein,
satisfactorily complete either one college course which has
been approved in advance by the education committee and
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Fire Chief, or one special course, seminar or program, or any
combination thereof, during each two fiscal years. Any
employee who elects to not fulfill the foregoing biannual
requirement shall revert to and thereafter receive the
monthly amount set forth for education incentive level III ,
but he shall thereafter be reinstated to the monthly amount
for education incentive level IV upon satisfactory completion
of the biannual requirements therefor,
(8) "Satisfactory completion" of college courses,
as referred to in the preceding three paragraphs, shall be
attaining a minimum grade of "C" . The furnishing of all
documentation, including transcripts, to the eduction
committee shall be the sole responsibility of the employee.
k (9) Degree majors in public administration, fire
protection engineering or other closely related fields to be
approved in advance by the education committee and thefire
chief.
(10) Courses to be related to job or general
education requirements for degree objective as approved by
educational institution for degree program.
(11) Ten of thirty units and twenty of sixty
units must be approved fire science or fire administration.
However, an approved degree program will fulfill any unit
requirement.
(12) Special courses shall not constitute more
than one-=third (1/3) of total unit credits
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C. An employee who has participated in the education
incentive program in excess of five (5) years, and who has
conscientiously complied with all of the requirements of the
education incentive plan, shall not thereafter be reduced
below the highest level attained by said employee.
ARTICLE 12
RETIREMENT
A. Effective August 7, 1976, the CITY shall provide
all safety employees with that certain retirement program
commonly known and described as the "2o at age 50 plan" which
is based on the retirement formula as set forth in the
California Public Employees' Retirement System (PERS) ,
Sections 20952-.5' and-23252.01 of the California Government
Code, including the one-half continuance option for safety
employees and the 1959 survivor option for all employees as
established by the California Public Employees ' Retirement
System, Section 21382 of the California Government Code in
effect as of July 1, 1975.
B. Effective June 30, 1977, the CITY shall perform
all necessary acts to cause its contract with PERS to have
been amended so as to cause the base upon which retirement
benefits are calculated to be predicated upon the employee' s
highest one year' s compensation instead of his highest three
consecutive years compensation, pursuant to the provisions
of Section 20024.2 of the California Government Code.
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C. The obligations of the CITY and the retirement
rights of employees as provided in this Article 12 shall
survive the term of this Agreement as set forth in Article 28 .
ARTICLE 13
COMPENSATION FOR SUPERVISORS
Supervisors (supervising fire dispatcher, fire
captains and deputy fire marshals) shall be compensated by
CITY at a higher rate than any of their subordinates. Said
supervisor' s rate shall be advanced to a step in his salary
grade which will provide him with a rate of one salary step
higher than any subordinate' s pay (exclusive of overtime, or
other special compensation) regardless of the supervisor's
length of service.
E, ARTICLE 14
WORK SHIFT
A. This Article 14 applies only to those employees
working a modified twenty-four (24) hour shift schedule
averaging forty-two (42) hours per week, not including sleep
time as described below. All other employees shall receive
pay based on the hours per week worked averaged over the cycle
established for each employee as set forth in Article 3.
B. The work shift shall be twenty-four (24) hours
in duration. The average work week shall be forty-two (42)
hours as averaged over a twenty-one (21) day period. If an
employee is deemed to have worked more than 126 hours in a
twenty-one (21) day period, he shall receive additional pay
to the nearest quarter hour for all additional hours worked.
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C. If an employee cannot obtain six (6) hours sleep
or a reasonable opportunity to sleep between 2130 hours and
0730 hours, and as a result, is deemed to have worked more
than four (4) hours during that time period, he shall receive
six (6) hours additional pay for that work shift.
D. An employee shall be considered to be working
if he is called to duty by order initiated by the Fire Chief
of his designee.
E. Exchange of shifts shall occur at 0800 hour each
day provided however that employees shall actually arrive
sufficiently in advance of 0800 so as to comply with Fire
Department Rule and Regulation Policy B-2, Section 7 . 37 concur-
rently existing as of the execution of this Agreement. Said
advance time shall not constitute time deemed to have been
worked within the meaning of Article 3.
F. Meal periods are paid as hours worked.
G. This Article 14 may be revoked by either the
CITY or ASSOCIATION upon thirty (30) days prior written
notice. If this Article 14 is revoked, the work schedule
shall return to the schedule in effect as of July 1, 1975,
which is seven (7) twenty-four (24) hour shifts in a twenty-
one (21) day cycle that averages to fifty-six (56) hours per
week.
ARTICLE 15
EARLY RELIEF
An employee may be relieved by any other employee who
is qualified to relieve him, at any time between the hours of
24
0600 to 0800. It shall be the responsibility of the employee' s
supervisor to insure that the relief of all employees is
accomplished in a fair and equitable manner. If any employee
abuses this early relief Article 15, the employee' s supervisor
may revoke the early relief. It is understood and agreed
that the early relief provided by the terms of this Article
15 shall not result in any additional cost to CITY.
ARTICLE 16
EXCHANGE OF SCHEDULE
The Fire Department shall allow ASSOCIATION members
exchanges of schedule pursuant to "Pol_icv D-7 of the Hunting-
ton Beach Fire Department Organization Manual" attached hereto
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and incorporated herein as Exhibit "F" , provided that the
pay-back period_set _forth therein is extended from 90 to
180 days.
ARTICLE 17
CLASSIFIED RELIEF
Employees may be assigned as classified relief and
shall be managed by the CITY as follows :
A. Three (3) fire engineers and three (3) fire
fighters may be assigned to classified relief positions.
They must be so assigned equally among shifts to relieve
vacancies occurring due to absence for reasons such as
vacations, sickness and injuries.
B. The three fire engineers and three fire fighters
working relief shall receive a 5.5% pay differential for .the
period of such relief assignment.
25 -
C. Any "employee working in a higher classification
shall receive a 5. 5% pay differential for those shifts worked,
paid in groups of five shifts. After accrual of said five
(5) shifts, the employee shall be paid the 5. 5% pay differ-
ential for the entire pay period following said accrual.
ARTICLE 18
MINIMUM MANNING
CITY shall man apparatus with sufficient manpower to
assure the safety of employees and the control of risk.
A. For the purpose of this Article 18, the minimum
manning of apparatus shall be as follows
1. Each engine company shall be manned with no
less than one (1) fire captain, one (1) fire engineer, and
one (1) fire fighter.
2. When two-piece companies are utilized by the
department, the second unit shall be manned by at least one
(1) fire captain and one (1) fire engineer.
(a) Two-piece companies shall respond to
structure fires as one unit and not be considered as separate
engines for response purposes.
(b) The second unit shall only respond by
itself on single engine alarms, i.e. , trash fires, vehicle
fires and medical aids.
26 -
3. Each truck company shall be manned with no
less than one (1) fire captain, one (1) fire engineer and
two (2) fire fighters, one of whom may be a fire apprentice.
One fire fighter may be deleted from the .
truck company when a paramedic unit is assigned to the truck
company during its normal shift and responds to alarms with
that company, provided that in that event, no fire apprentice
shall be assigned to the truck.
4. Paramedic units shall be manned with no
less than two (2) fire paramedics.
5. Fire companies not considered to be in full
service and immediately available shall not be required to have
personnel assigned to them for the purpose of this Article 17.
€' 6. There shall be at least two (2) qualified
fire dispatchers on duty at all times.
7. (a) The minimum manning as set forth in this
Article 17, shall be specifically and exclusively from
employees of the Huntington Beach Fire Department for all
routine activities and normal shift duties.
(b) No employee shall be assigned to more
than one company at the same time for all routine activities
and normal shift duties.
(c) Routine activities and normal shift
duties shall include those emergencies that would normally
be handled by the on-duty suppression force.
27
8. Employees acting in a higher classification,
when properly qualified and compensated in accordance with
Article 16 , shall be considered equivalent to the required
classification. ;
B. For the purpose of this Article 18, all fire
engines shall be defined as apparatus with fire pump, fire
hose, water tanks, ground ladders and necessary firefighting
equipment, excluding specifically aerial ladder or platform
capabilities.
C. For the purpose of this Article 18 , all fire
trucks shall be defined as apparatus that have mounted on the
chassis, an aerial ladder or aerial platform.
D. For the purpose of this Article 18 , a paramedic
P unit is defined as a vehicle, other than a fire engine, fire
truck or salvage unit, that has as its sole purpose a
capability of providing emergency medical and/or rescue
assistance.
E. For the purpose of this Article 18 , a salvage
unit shall be any vehicle other than those delineated in
Paragraphs A through D of this Article 18, which carries
equipment and manpower for the purpose of salvage, overhaul,
fire control, medical supplies, emergency lighting equipment,
or other accessory fire combat and damage prevention equipment.
F. Any fire department apparatus, vehicles, techno-
logical changes, and new innovations will be discussed with
the ASSOCIATION prior to being placed in full service for
immediate response.
28 -
ARTICLE 19
ASSIGNED SHIFT POLICY
Employees of equal rank shall have the option to
exchange assigned shifts on a man-for-man basis upon written
request to and approval of the Fire Chief.
ARTICLE 20
PROMOTIONAL EXAMINATIONS
Promotional examinations shall be announced to all
employees no less than thirty (30) days prior to the final
filing date for the promotional examination. The CITY may
establish a fixed annual date for promotional examinations
provided, however, that in the event any examination will be
' scheduled on a date other than the fixed annual date for
promotional examinations, the CITY shall announce said
promotional examination no less than thirty (30) days prior
to the final filing date for said promotional examination.
A. All applicants shall meet all requirements for
the promotional examinations as set forth in the Huntington
Beach Fire Department Organizational Manual, a copy of the
relevant provision thereof is attached hereto as Exhibit "G" ,
as of the final filing date for the promotional examination.
B. Promotional examinations shall be administered
to only qualified applicants who are members of the City of
Huntington Beach Fire Department, as long as a minimum of
two (2) such applicants apply for each promotional examination.
_ 29 _
C. Promotional examinations shall be weighted on
the basis of sixty (60) percent oral or practical, and forty
(40) percent written. Seventy (70) percent shall be
considered passing on the examination. In the event that
there are less than three (3) qualified candidates who pass
the examinations, the seventy (70) percent passing score may
be waived by CITY provided, however, that the actual score of
the individual employee shall be used for scoring purposes.
D, Any challenge to any portion of the examination
process must be filed within ten (10) days of the date of said
examination. In the event any contract between CITY and a
testing .agency should preclude review of the examination on
CITY premises, the CITY shall authorize such review of said
examination to determine the validity of such a challenge. A
p .
protest board consisting of three (3) members shall hear , the
employee protest and shall recommend acceptance or rejection
of the protest. The protest board shall consist of one member
appointed by the Fire Chief, one member appointed by the
personnel director and one member appointed by the ASSOCIATION.
E. Each employee who participates in a promotional
examination shall receive his score and final standing in
writing from the CITY within ten (10) days after completion
of the promotional selection process period.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated
in this Article 21 , Section L, shall remain in effect until the
30 -
Fire Chief or his designee and the Association mutually agree
on a new uniform system and on the date of implementation. On
said implementation date, all safety clothing and uniforms
required by the CITY to be worn by employees during working
hours shall:
A. Meet all applicable state and federal regulations
relating to said clothing and, with the exception of station
uniforms, be of high quality fire resistant material.'
B. Be provided by CITY with the exception of the
physical fitness uniform;
C. Any uniforms with the exception of the physical
fitness uniform, that are destroyed or which become unaccept-
able and which were damaged by circumstances involving the
fire fighters' regular work while on duty, shall be replaced
by CITY at no cost to the employee.
D. CITY shall provide the following uniforms:
1. Five (5) sets of daily work uniforms
consisting of pants and shirts; provided, however, that one
such set shall be preserved as a dress uniform to be worn
only on such occasions as a dress uniform shall be deemed
appropriate. The work and dress uniform shall be Unitog
Stock #58059 shirt and Stock #64340 trousers;
2. , One pair of safety shoes, Chippewa
#8472-EPF-75; provided, however, that non-sworn personnel may
be provided one pair of dress shoes in lieu of safety shoes.
3. One station uniform jacket of the nature
and quality presently described in policy C-2 of the
Huntington Beach Fire Department.
_ 31 _
E. The uniforms described in paragraph D above
shall be replaced by the CITY whenever the Chief or his
designated representative determines that such replacement is
necessary; provided, however, that any employee who disagrees
with the determination of the Chief or his representative
shall have the right to appeal that determination to the uniform
advisory committee, as established below in paragraph I.
F. All accessory identification, adornments,
badges, patches, belt and other appurtenances thereto shall
be provided by CITY.
G. The employee shall be responsible for the pre-
servation and cleaning of all uniforms.
H. CITY shall provide each employee, who participates
in the Fire Department' s physical fitness programs, Fifty
Dollars ($50) per fiscal year for the purchase of physical
fitness uniforms (including white T-shirts) and physical
fitness shoes , payable in the first payroll in December, 197E
and December, 1977; provided that the white T-shirts referred
to herein may be required to be worn as part of the daily work
uniform.
I. A uniform advisory committee composed of two
members appointed by the ASSOCIATION and two representatives
appointed by the Fire Chief shall make recommendations on the
uniforms to be worn, the method of said uniforms will be
provided and obtained and further recommendations on safety
clothing and uniforms may be required during the term of this
Memorandum of Agreement.
32
J. All employees assigned to staff positions shall
be provided two (2) complete sets of the type of uniform
required by the Fire Chief for such positions. This uniform
may. be issued in lieu of two (2) sets of the work uniforms
provided by D-1. Staff employees required to wear said
uniform shall also be provided with:
1. Three extra shirts for a total of five;
2. One pair of dress shoes; and
3. One blazer.
K. The present uniform policies for non-safety
employees shall remain in effect until the Fire Chief or his
designee and the ASSOCIATION mutually agree upon any type of
.change.
a
L. Until the date of implementation of the new
uniform system, all monies paid to employees shall be on a
pro-rata basis of one Hundred Dollars ($100) per year or
Eight Dollars and thirty-three cents ($8. 33) per month for
the period commencing on January 1, 1976 , payable on the
first full pay period following the implementation of the
new uniform system. The date of implementation shall be the
date upon which the uniforms available under the new uniform
system are delivered to the particular employee.
M. All uniforms and equipment furnished by CITY
shall remain the property of CITY and be returned or replaced
if the employee terminates.
33 -
ARTICLE 22
QUARTERS
CITY shall continue to provide necessary kitchen,
living and sleeping quarters in the several fire stations.
ARTICLE 23
LAYOFFS
The current procedure and practice regarding layoffs
shall remain in full force and effect during the entire term
of this Agreement.
ARTICLE 24
PRECEDENCE
In any case in which any provision of this
Memorandum of Agreement is inconsistent with any CITY
ordinance, rule, regulation, resolution, including provisions
of any Fire Department Manual, the provisions of this
Agreement shall supersede and take precedence.
ARTICLE 25
SEVERABILITY
If any section, subsection, sentence, clause, phrase
or portion of this Agreement or any additions or amendments
thereof, or the application thereof to any person, is for any
reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this
resolution or its application to other persons. The City
34
f
Council hereby declares that it would have adopted this
Agreement and each section, subsection, sentence, clause,
phrase or portion, and any additions or amendments thereof.,
irrespective of the fact that any one or more sections, sub-
sections, sentences, clauses, phrases or portions, or the
application thereof to any person, be declared invalid or
unconstitutional.
ARTICLE 2&
EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the existing wages,
hours and other terms and conditions of employment within
the lawful scope of representation of the ASSOCIATION that
'! are contained in prior memoranda of understanding between the
parties hereto and which are currently applicable to
employees covered herein, shall remain in full force and
effect.
ARTICLE 27
MANAGEMENT RIGHTS
Except as expressly abridged or modified herein, the
CITY retains all rights, powers and authority with respect to
the management and direction of the performance of fire
services and the work forces performing such services. Such
rights include, but are not limited to, determination of the
merits, necessity, level or organization of fire services,
the necessity for overtime, number and location of work
35 -
stations, nature of work to be performed, contracting for any
work or operation, reasonable employee performance standards,
including reasonable work and safety rules and regulations in
order to maintain the efficiency and economy desirable for
the performance of CITY services.
ARTICLE 28
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect for
a term of twenty-four (24) months, commencing on July 1,
1976, and ending at midnight on June 30, 1978. This
Agreement constitutes the entire agreement of the parties as
to the changes in wages, hours and other terms and conditions
of employment of employees covered hereunder for the term
hereof.
ARTICLE 29
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that
this Memorandum of Agreement is of no force or effect whatso-
4
36
r
CITY OF HUNT1 NGTON 13UCH.
PERSONNEL DEPARTMENT
July 1 , 1976
FIRE ASSOCIATTON
SALARY SCI1FDU1I.
Title Range A B C 1) E
Fire Apprentice NE 33S 764 873 982
Fire Dispatcher NE 341 918 967 1017 1071 1130
Firefighter NE 347 1091 1150 121S 1283 13S6
Supvg . Fire Disp EX 349 1139 1203 1271 1343 1421
Fire Engineer NE 351 1215 1283 1356 1434 1513
Fire Paramedic NE 3S1 121S 1283 1356 1434 1S13
Fire Protect Spec NE 3.53 1. 283 13S6 1434 IS13 1S96
Fire Captain EX 3S6 1394 1472 1S_S4 1643 173S
Deputy Fire Afar EX 3S8 1472- 1SS4 1643 1735 1836
January 1 , 1977
Fire Apprentice NE 33S 779 890 1002
Fire Dispatcher NE 341 95S 1006 10S8 1114 1175
Firefighter N1.; 347 1113 1173 1.239 1309 1383
Supvg Fire D:i.sp EX 349 118S 12S1 , 1322 1397 1478
Tire Engineer NE 351 1239 1309 1383 1463 1543
Fire Paramedic NE 351 1239 1309 1383 1463 1543
Fire Protect Spec NE 3S3 1309 1383 1463 1S43 1628
Fire Captain EX 356 1422 1.501 1S8S 1076 1770
Deputy Fire Mar EX 358 150l 1S8S 1676 1770 1873
April 1 , 1977
MONTHLY SALARY RATES
Title Range �A� B C D L.
Fire Apprentice NE 335 779 890 1012
Fire Dispatcher NE 341 984 1036 1090 1147 1210
Firefighter NE 347 1113 1173 1239 1309 1383
Supvg Fire llisp liX 349 1221 1.289 1362 1439 IS22
Fire Engineer NE 3S1 1239 1309 1383 1463 1543
Fire Paramedic NE 3S1 1239 1309 1383 1463 1543
Fire Protec Spec NE 3S3 1309 1383 1463 1S43 1628
Fire Captain F.X 356 1.422 1501 1585 1676 1770
Deputy Fire Mar L:X 358 1501 158S 1676 1770 1873
July 1 , 1977
Fire Apprentice NE 335 811 926 1042
Fire Dispatcher NE 341 1033 1088 1145 1204 1271
Firefighter NE 347 1.158 1.220 1289 1361 1438
Supv Fire Disp EX 349 1282 1353 1430 1S11 1598
Fire Engineer NE 351 L289 1361 1438 1522 1605
Fire Paramedic NE 351 1289 1361 1438 1522 1605
Fire Protect Spec NE 353 1361 1.438 1522 1605 1693
Fire Captain EX 3S6 1479 1561 1648 1743 1841
Deputy Fire Hal- I;X 3S8 1S61 1648 1743 1841 1948
Res. No. 4340
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that ,the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 6th day
of October , 19 76 by the following vote:
AYES: Councilmen:
Bartlett, Gibbs, Siebert, Shenkman, Wieder
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson, Coen
r City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California