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HomeMy WebLinkAboutCity Council - 4731 RESOLUTION NO. 4731 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 I, 1978, a copy of which is attached hereto and by reference made a part hereof, is hereby adopted and ordered implemented 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 19th day of March, 1979. 1 26,V1�a4ayor ATTEST: City Clerk APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Ciq Administrator APPROVED BY INITIATING DEPARTMENT: Director Personnel an Labor Relations 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 representatives of the ASSOCIATION, a duly recognized employee 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 year, 1978-1979; 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 I, 1978, and it is agreed as follows: ARTICLE 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 following classification titles: Fire Controller Fire Apprentice Firefighter Supervising Fire Controller Fire Engineer Fire Paramedic Fire Protection Specialist Fire Captain Deputy Fire Marshal I. ARTICLE 2 EMPLOYEE RETIREMENT CONTRIBUTION PAYMENTS AND SALARY SCHEDULES A. Effective July I, 1978, the monthly salary rates for those persons employed in the classification of Fire Paramedic shall be adjusted to remedy an existing inequity based upon increased technical requirements and workload not originally contemplated. Such salary rates shall be set at Range 353. B. Effective July I, 1978, the classification titles of Fire Dispatcher and Supervising Fire Dispatcher shall be deleted and replaced by the classification titles of Fire Controller and Supervising Fire Controller, respectively. The monthly salary rates for persons employed in the classification of Fire Controller shall be set at Range 347. The monthly salary rates for employees in the classification of Supervising Fire Controller shall be calculated by maintaining the pre-existing differential between the monthly salary rates paid to persons employed in the classifications of Supervising Fire Dispatcher and Fire Dispatcher (26%), thereby causing the monthly salary rates for persons employed in the classification of Supervising Fire Controller to be set at Range 354. In order to maintain employment in such classifications, each employee shall attain an EMT Certificate or an equivalent level of achievement within a reasonable time following execution of this Agreement, but in no event later than June 30, 1979. One equivalent level of achievement shall include satisfactory completion of a course of study designed for Fire Controllers, which course of study shall be made available by the Fire Department of the City of Huntington Beach. All persons in the classifications of Fire Controller and Supervising Fire Controller shall be permitted to attend any qualifying course while on duty and without expense, with the prior approval of the Fire Chief, where such courses occur during the employee's regular working hours. C. Effective July 1, 1978, the CITY shall pay on behalf of each employee represented by the ASSOCIATION for retirement contributions owing to the Public Employees' Retirement System of the State of California (PERS) an amount equal to 5/9ths of the individual employee contribution to PERS, with respect to each "safety employee," and an amount equal to 5/7ths of the individual employee contribution to PERS, with respect to each "non-safety employee." This provision shall be implemented immediately following the ratification of this Agreement by the City Council and, in no event, later than January 26, 1979, for any contributions for which the CITY is obligated to make payment under this contract which have been advanced. These payments, including reimbursement for monies 2. advanced by the employees to PERS, are not increases in salary and no salary range applicable to any of the affected employees shall be changed or deemed to have been changed by reason of such payments. These payments at the time of termination shall be the property of the employee, as provided by State Law. On July I, 1979, or whenever prior thereto the CITY may lawfully provide salary increases without being disqualified from eligibility for state surplus funds, the CITY s obligation to make such payments to PERS on behalf of each employee shall discontinue; provided, however, that as a substitute therefor the base salary of each such employee shall automatically be increased by an amount equal to seven percent (7%) over and above current base salary. This conversion shall in no way operate to deprive the ASSOCIATION of its lawful rights to request improvements in compensation benefits, including salary, for employees represented by it for the 1979-1980 fiscal year and to compel the CITY to meet and confer in good faith regarding such requests. In the event that the implementation of any of the changes in compensation benefits set forth in Article 2-C may disqualify the CITY from receiving the funds provided under SB 154 and SB 2212, the CITY's obligation to provide such improved compensation benefits shall be extinguished; provided, however, the CITY shall immediately provide benefits of equal value to those so extinguished of a nature and form to be determined by mutual agreement of the parties. D. Salary shall be paid on a biweekly basis. By mutual consent of CITY and ASSOCIATION, early payment and other modifications can be made. E. Paychecks shall be ready and available for distribution to each employee by 0800 hours on each pay day at the Joint Powers Training Center, barring unforeseen circumstances 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 overtime, and shall also contain an itemization of the nature and the purpose of each deduction withheld from the employee's gross earnings. 3. ARTICLE 3 PAID CALLBACK, COMPENSATORY TIME AND STANDBY A. PAID CALLBACK. 1. Non-exempt employees (as herein defined) working a twenty-four (24) day work cycle shall receive pay at one and one-half (IV2) times their normal rate for all time deemed to have been worked in excess of 192 hours in the twenty-four (24) 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 forty-two (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 fifty-six (56) hours per week, as provided in Article 14-G, the entire period of twenty-four (24) hours, without deduction for a sleep period, shall be counted as hours deemed to have been worked. 2. Effective as of the first payroll period following approval of this Agreement by the City Council and during the term of this Agreement, all Fire Controllers shall continue to work the ten (10) and fourteen (14) hour shift work schedule presently worked by them, which shall equal eighty-four (84) hours in each two (2) week cycle. They shall receive premium pay at one and one-half (I'h) times their normal rate for all time actually worked in excess of said scheduled hours in any two (2) 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 (192) 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 Controllers, Fire Captains, and Deputy Fire Marshals. 5. Entitlement to overtime pay for all non-exempt sworn firefighting 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. 4. 6. The CITY will maintain and adhere to the paid callback system as set out in "Huntington Beach Fire Department Organization Manual, Policy D-3," published June 25, 1975, as revised concurrently with this Agreement, a copy of which is attached hereto and incorporated herein as Exhibit "A." The paid callback system and/or "Policy D-3" may be modified by mutual agreement of the parties at any time during the term of this Agreement. B. COMPENSATORY TIME. In lieu of compensation by cash payment for 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 maximum 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 callback in advance of the time set forth for such scheduling in "Policy D-3," attached as Exhibit '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 subsequently 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. D. MINIMUM CALLBACK COMPENSATION. Employees who are ordered to return to duty on other than their regularly scheduled shift shall receive a minimum 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. 5. F. REPLACEMENT CALLBACK. If an employee is called back to work for a period not coinciding exactly with the entire scheduled twenty-four (24) hour work shift (i.e., 0800 hours to 0800 hours) to replace an absent employee, the callback compensation shall be calculated as follows provided, however, that this paragraph F shall become inoperative in the event either party exercises its option under Article 14-G: I. 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. 3. If the replacing employee begins duty before 1400 hours, he/she shall be deemed to have worked eighteen (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 eighteen (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 seventeen (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 seventeen (I 7) 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 eighteen (18) hours deemed worked, plus two (2) hours pursuant to Article 14-C (six (6) hours pursuant to Article 14-C less four (4) hours from 0800 to 1200 hours). 6. 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 I, 1978, a copy of which is attached hereto and incorporated herein as Exhibit "B." B. The CITY will pay the premiums for dependent health insurance equal to the Blue Cross Group Medical Plan delineated in Article 4, Section A, for those employees who have accumulated 480 or more hours of sick leave in accordance 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. 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. Effective July I, 1978, upon retirement (whether service or disability connected), each employee shall be entitled to cause himself and his dependents to participate fully in the group medical insurance program maintained by the CITY with respect to employees represented by the ASSOCIATION at the CITY's group premium rate. Retired employees exercising this option shall cause the premiums to be paid by the CITY out of any available funds due and owing them for unused sick leave benefits upon retirement, as provided in Article 6; provided, however, that whenever any such retired employee does not have any such available funds with which to cause the premiums to be paid, he shall have the opportunity to provide the CITY with sufficient funds to pay the premiums. At retirement, the sick leave hours remaining shall be converted to a dollar figure, as provided in Article 6, and an estimate shall be provided by the City to the retired employee as to the approximate number of months the group insurance can be paid by such sick leave dollars. The CITY shall notify any retired employee whose funds available for unused sick leave benefits are about to be exhausted of such fact in writing by certified mail, return receipt requested, at the retired employee's most recent address of record with the CITY no later than three months prior to the date upon which there will not be sufficient funds to pay premiums. It shall be the individual retiree's responsibility either to insure that there are sufficient sick leave dollars 7. available to pay premiums or to make premium payments at least one month in advance to continue the group insurance in effect. If, following exhaustion of sick leave funds, a retired employee fails to provide the CITY with sufficient additional funds to pay premiums, the CITY shall have the right to notify said retired employee in the manner prescribed above that it intends to cause his coverage to be terminated for non-payment of premiums, and the further right to terminate such coverage if such default has not been cured within thirty (30) days following receipt of such notice. Any retired employee electing to obtain such medical insurance coverage after retirement shall have the further option to terminate such coverage following the provision of thirty (30) days written notice to the CITY, whereupon any funds due and owing him for unused sick leave benefits that have not been exhausted to pay these health insurance premiums shall be paid in a lump sum to the retired employee within thirty (30) days following receipt by the CITY of such notice; provided, however, that once such retired employee elects to terminate such coverage, he shall be precluded from securing it at a later date at the group rate. It is understood that such retiree coverage shall be made available during the term of this agreement at no increased cost to the CITY. D. The CITY shall provide for each employee, at CITY's cost, $1,000 of life insurance with coverage equal to the Group Life Insurance Plan in effect on July I, 1978, 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. E. 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 I, 1978, a copy of which is attached hereto and incorporated herein as Exhibit "D." F. Nothing in this Article 4 shall be deemed to restrict the CITY's right to change insurance carriers should circumstances warrant. G. 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 permit each employee and his/her dependents to participate fully in any dental and/or orthodonture insurance program maintained by the CITY for any of its employees with PMI. Those employees currently receiving dental insurance benefits (including orthodonture coverage) under the terms of the r 8. 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, shall be entitled to receive such benefits until such treatment has been concluded. ARTICLE 6 SICK LEAVE Upon termination, employees shall be paid (or have paid on their behalf as provided in Article 4) at their current salary rate for twenty-five percent (25%) of unused, earned sick leave from 480 through 720 hours, and for fifty percent (50%) of all unused, earned sick leave for hours in excess of 720 hours. 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 (1 I) 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. 9. 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. (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. On two occasions during each fiscal year, each employee shall have the option to convert into a cash payment up to a total of forty-two (42) hours of earned vacation benefits, provided that no more than forty-two (42) total hours of earned vacation benefits shall be so converted during any one fiscal year. The employee shall give two (2) weeks advance notice of his/her desire to exercise such option. 10. D. 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 permission 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. E. HOLIDAYS OCCURRING 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 E, 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. F. 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 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. G. VACATION PAY UPON TERMINATION. Except as provided in Article 8-C, no employee shall be paid for unused vacation other than upon termination of employment, at which time said terminating employee 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. H. 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 four (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. Thereafter each additional employee shall be entitled to receive time off for requested vacation leave so long as a qualified replacement is available to serve in his absence. I I. 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. 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 I I EDUCATION INCENTIVE PLAN A. Except as provided below in Article I I-D, employees shall be compensated by C ITY f or an educati on i ncenti ve as f of I ows: Education HB FD Continuing Incentive Completed Year of Monthly Education Level Units Tenure Amount Maintenance Units I Cert. in Fire I 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 12. B. It is the purpose and intent of the Education Incentive 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 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. 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 (3) members. Of said three (3) members, one (1) shall be appointed by the ASSOCIATION, one (1) 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 (1) unit for each eighteen (18) hours of instruction. Fractional hours in one (1) 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. (5) An employee who has attained education incentive levels I or 11 shall, so as to maintain himself therein, satisfactorily complete either two (2) college courses which have been approved in advance by the education committee and Fire Chief, or two (2) special courses, seminars or programs, or any combination thereof, during every two (2) 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 (1) approved college course or one (1) special course, seminar or program, or any combination thereof. 13. (6) An employee who has attained education incentive level III may, so as to maintain himself therein, satisfactorily complete either one (1) college course which has been approved in advance by the education committee and Fire Chief, or one (1) special course, seminar or program, or any combination thereof, during each two (2) fiscal years. Any employee who elects to not fulfill the foregoing biennial requirement shall revert to and thereafter receive the monthly amount set forth for education incentive level 11, but he shall thereafter be reinstated to the monthly amount for education incentive level III upon satisfactory completion of the biennial requirements therefor. (7) An employee who has attained education incentive level IV may, so as to maintain himself therein, satisfactorily complete either one (1) college course which has been approved in advance by the education committee and Fire Chief, or one (1) special course, seminar or program, or any combination thereof, during each two (2) fiscal years. Any employee who elects to not fulfill the foregoing biennial 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 biennial requirements therefor. (8) "Satisfactory completion" of college courses, as referred to in the preceding three (3) paragraphs, shall be attaining a minimum grade of "C." The furnishing of all documentation, including transcripts, to the education committee shall be the sole responsibility of the employee. (9) Degree majors in public administration, fire protection engineering or other closely related fields shall be approved in advance by the education committee and the Fire Chief. (10) Courses shall be related to job or general education requirements for degree objective as approved by educational institution for degree program. (I 1) Ten (10) of thirty (30) units and twenty (20) of sixty (60) 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. 14. 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. D. Employees hired by the City of Huntington Beach subsequent to January I, 1979 shall not be eligible for the benefits described in paragraph A of this Article 1 I; provided, however, that each such employee shall be entitled to receive full reimbursement for books and tuition expended in connection with approved courses as defined in paragraph B of this Article 11. Tuition expenses shall be reimbursed at the applicable rate charged by California State Universities unless an employee is attending a Community College, whereupon the applicable rate charged by that institution will apply. The employee shall secure approval to attend a particular course prior to commencing such attendance and reimbursement shall be made upon his providing evidence of satisfactory completion of said course of study, as defined in paragraph B of this Article 11. ARTICLE 12 RETIREMENT A. The CITY shall provide all safety employees with that certain retirement program commonly known and described as the 112% 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 21252.01 of the California Government Code, including the one-half 02) 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 I, 1975. B. The CITY shall continue the Amendment of its contract with PERS under which retirement benefits are calculated based 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. C. All "non-safety" employees represented by the ASSOCIATION shall receive the same retirement benefits as provided to other "non-safety" employees of the CITY. D. 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. 15. ARTICLE 13 COMPENSATION FOR SUPERVISORS Supervisors (Supervising Fire Controller, 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 (1) salary step higher than any subordinate's pay (exclusive of overtime, or other special compensation) regardless of the Supervisor's length of service. 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-four (24) day period. If an employee is deemed to have worked more than 144 hours in a twenty-four (24) day period, he shall receive additional pay to the nearest quarter hour for all additional hours worked. 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 or 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 concurrently 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. 16. 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 convert to a schedule which is eight (8), twenty-four (24) hour shifts in a twenty-four (24) day cycle that averages to fifty-six (56) hours per week and classified relief positions may be reinstated to the extent provided in Article 17-C. 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 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 "Policy D-7 of the Huntington Beach Fire Department Organization Manual" attached hereto and incorporated herein as Exhibit "F." 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) Firefighters 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 (3) Fire Engineers and three (3) Firefighters working relief shall receive a 5.5% pay differential for the period of such relief assignment. C. The classified relief positions set forth above shall be eliminated by attrition or as vacancies occur in permanent positions; provided, however, that in the event the ASSOCIATION exercises the option provided in Article 14-G, the CITY may assign the following numbers of persons per shift to classified relief positions: One (1) Fire Captain relief, one (1) Fire Engineer relief, one (1) Firefighter relief and one (1) Fire Paramedic relief. 17. D. Any employee working in a higher classification shall receive a 5.5% pay differential for those shifts worked, paid in groups of five (5) shifts. After accrual of go said five (5) shifts, the employee shall be paid the 5.5% pay differential 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: I. Each engine company shall be manned with no less than one (1) Fire Captai n, one (I) Fi re Engi neer, and one (1) Fi ref i ghter. 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. 3. Each truck company shall be manned with no less than one (1) Fire Captain, one (1) Fire Engineer and two (2) Firefighters. 4. Paramedic units shall be manned with no less than two (2) Fire Paramedics. The CITY may employ up to two (2) additional Fire Paramedics per shift over and above those necessary to meet the minimum manning requirements. Only one of those additional Fire Paramedics may be utilized to fulfill the CITY's minimum manning obligations by replacing an individual in any position for which said additional Fire Paramedic is qualified to serve. The other additional Fire Paramedic may only be utilized to fulfill the CITY's minimum manning obligations by replacing an absent Fire Paramedic. 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. 6. There shall be at least two (2) qualified Fire Controllers on duty at all times. 18. 7. (a) The minimum manning as set forth in this Article, 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 (1) 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. 8. Any employee assigned to serve in the capacity of Battalion Chief Aide shall not be utilized to satisfy any of the minimum manning requirements set forth in this Article; provided, however, that such employee may be utilized as a Firefighter to satisfy minimum manning requirements for Engine Company 8201 only, and may be utilized to fill a position for which he is qualified to serve in cases of temporary fill-in of two (2) hours or less. 9. Employees acting in a higker classification, when properly qualified and compensated in accordance with Article 17, shall be considered equivalent to the required classification. B. For the purpose of this Article, all fire engines shall be defined as apparatus with fire pump, fire hose, water tanks, ground ladders and necessary fire fighting equipment, excluding specifically aerial ladder or platform capabilities. C. For the purpose of this Article, 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, a Paramedic 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, a salvage unit shall be any vehicle other than those delineated in paragraghs A through D of the Article, 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, technological changes, and new innovations will be discussed with the ASSOCIATION prior to being placed in full service for immediate response. 19. 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 Organization 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. C. Promotional examinations shall be weighed 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 examination, 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 protest board consisting of three (3) 20. members shall hear the employee protest and shall recommend acceptance or rejection of the protest. The protest board shall consist of one (1) member appointed by the Fire Chief, one (1) member appointed by the Personnel Director and one (1) 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 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 unacceptable and which were damaged by circumstances involving the Firefigher's regular work while on duty, shall be replaced by CITY at no cost to the employee. D. CITY shall provide the following uniforms: I. 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 shirt and Stock trousers; 2. One (1) pair of safety shoes, Chippewa or equivalent; provided, however, that non-sworn personnel may be provided one (1) pair of dress shoes in lieu of safety shoes. 3. One (1) station uniform jacket of the nature and quality presently described in Policy C-2 of the Huntington Beach Fire Department. 21. 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 preservation 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, 1976 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 (2) members appointed by the ASSOCIATION and two (2) 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. 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-I. Staff employees required to wear said uniform shall also be provided with: 1. Three (3) extra shirts for a total of five (5); 2. One (1) pair of dress shoes; and 3. One (1) blazer. K. The present uniform policies for non-safety employees shall remain in effect until the Fire Chief or his designees and the ASSOCIATION mutually agree upon any type of change. L. All uniforms and equipment furnished by CITY shall remain the property of CITY and be returned or replaced if the employee terminates. 22. ARTICLE 22 QUARTERS CITY shall continue to provide necessary kitchen, living and sleeping quarters in the several fire stations. ARTICLE 23 REINSTATEMENT OF EMPLOYEES NO LONGER DISABLED Whenever the retirement benefits of an employee who has received a disability retirement are revoked by PERS on the grounds that the employee is no longer disabled from performing the duties of the position held at the time of retirement, the CITY shall immediately reinstate such employee at his former position and pay step upon application therefor by said employee. ARTICLE 24 LAYOFFS The procedure and practice regarding layoffs in effect on July I, 1976 shall remain in full force and effect during the entire term of this Agreement. ARTICLE 25 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 26 SEVERAB IL ITY 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 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, subsections, sentences, clauses, phrases or portions, or the application thereof to any person, be declared invalid or unconstitutional. 23. ARTICLE 27 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 28 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 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 29 TERM OF MEMORANDUM OF AGREEMENT This Memorandum of Agreement shall be in effect for a term of twelve (12) months, commencing on July I, 1978, and ending at midnight on July 6, 1979. 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. 24. ARTICLE 30 CITY COUNCIL APPROVAL It is the understanding of CITY and ASSOCIATION that this Memorandum of Agreement is of no force or effect whatsoever unless and until adopted by resolution of the City Council of the City of Huntington Beach. DATED: CITY OF HUNTINGTON BEACH APPROVED AS TO FORM: By City Ad inistrator ich las Counter III f' abor elation Counsel U B Chief APPROVED AS TO FORM: U INGTON BEACH EMEN'S ASSOCIATION SILVER, WELLS AND KREISLER By �1 4/'Aa-r4 By S• Step n H. Silver By Counsel for ASSOCIATION By BY By APPROVED AS TO FORM: GAIL HUTTON City Attorney By: /Z 1� Deputy City At Orn y 25. Res. No. 4731 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 meeting thereof held on the . 19th day of March 19 79 by the following vote: AYES: Councilmen: Yoder, Thomas, MacAllister, Mandic Bailey, Pattinson NOES: Councilmen: None ABSENT: Councilmen: None OF City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California