HomeMy WebLinkAboutCity Council - 4775 RESOLUTION NO. 4775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING PAYMENT OF
SALARIES AND BENEFITS TO MEMBERS OF THE HUN-
TINGTON BEACH FIREMEN'S ASSOCIATION
The Huntington Beach City Council does hereby resolve
as follows :
The Memorandum of Agreement between the City of Hun-
tington Beach and the Huntington Beach Firemen's Association
effective July 1, 1979, 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 con-
ditions thereof.
PASSED AND ADOPTED by the Huntington Beach City Council
at a regular meeting thereof held on the 16th day of July,
1979.
Mayor Pro TurApore
ATTEST: APPROVED AS TO FORM:
ALICIA M. WENTWORTH
City Clerk
By:Deputy City Clerk 01City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
C ' y Administrator Director of Perso nel and
Labor Relations
RS •s h
7/6/79
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, 1979-1980; 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, 1979, 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 following classification
titles:
Fire Controller
Fire Apprentice
Firefighter
Supervising Fire Controller
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
1.
ARTICLE 2
SALARY SCHEDULES
A. Effective July 7, 1979, the base salary of each employee represented by the
Association shall be increased by an amount equal to Five Percent (5%) over and above
base salary as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Effective January 5, 1980, the base salary of each employee represented by
the Association shall be increased by an amount equal to Four Percent (4%) over and
above then current base salary, as adjusted pursuant to Paragraph A of this article asd
set forth in the Salary Schedule attached hereto.
C. In order to maintain employment in the classifications of Fire Controller and
Supervisory Fire Controller, must possess an EMT Certificate or an equivalent level of
achievement or shall attain same within a reasonable time. 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 may 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.
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.
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 (1-) times their normal rate for all
time deemed to have been worked in excess of 192 hours in the twenty-four (24) day
2.
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. 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 (11) 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 (12) 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.
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 "B." 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.
3.
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 "B" 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.
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:
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 P Y the articular 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.
4.
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
0 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).
5. A. When a vacancy exists on any company apparatus so as to cause the
available complement to be less than that required under the Minimum Manning provision
of Article 18 of this Agreement, the Department will be obligated to fill any vacancy so
as to meet such minimum manning obligations by use of off duty personnel on an
overtime basis instead of employing relief personnel; provided, however, that in the
event an existing engine or truck company is placed out of service so as to cause persons
previously assigned thereto to be placed on a relief basis, only those persons may be
utilized to fill any such vacancy prior to the use of off duty personnel on an overtime
basis.
B. In the event that a Fire Paramedic who is scheduled to work on a
paramedic unit in order to satisfy minimum manning obligations is absent, such vacancy
must be filled by an off duty Fire Paramedic working on an overtime basis, if available,
instead of transferring a Fire Paramedic from a truck company and filling that vacancy
by the use of an off duty firefighter on an overtime basis.
5.
C. If the Fire Paramedic assigned to a truck company is absent, to satisfy
minimum manning obligations, such vacancy must be filled by an off duty firefighter on
an overtime basis, if available.
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, 1979, a copy of which is attached hereto and incorporated
herein as Exhibit "C."
B. The CITY will pay the premiums for dependent health insurance equal to the
Blue Cross GroupMedical 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. 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 owingthem for unused sick leave benefits upon retirement as
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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
6.
i
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 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;
I
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 1, 1979,
a copy of which is attached hereto and incorporated herein as Exhibit "D." Said
insurance shall contain provisions for optional supplemental coverage at the employees'
cost.
E. The CITY shall provide and make available for employee benefit at the
CITY's cost, a long term disability insurance plan equal to the Group Disability Insurance
Plan in effect on July 1, 1979, a copy of which is attached hereto and incorporated herein
as Exhibit "E."
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.
7.
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 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
(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.
8.
C. Holidays which fall on Sunday shall be observed the following Monday, and
those falling on Saturday shall be observed the preceding Friday.
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 B.
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.
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
9.
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.
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
10.
immediate family. Immediate family is defined as father, mother, sister, brother,
spouse, children, grandfather, grandmother, stepfather, stepmother, stepgrandfather,
stepgrandm other, 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 11
EDUCATION INCENTIVE PLAN
A. Except as provided below in Article 11-D, 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 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:
11.
(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 II 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.
(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 II, but he shall thereafter be reinstated to the monthly amount for
education incentive level III upon satisfactory completion of the biennial requirements
therefor.
12.
(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.
(11) 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.
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
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highest level attained by said employee.
D. Employees hired by the City of Huntington Beach subsequent to
January 1, 1979 shall not be eligible for the benefits described in paragraph A of this
Article 11; 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
13.
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 (1) 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. 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.
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.
14.
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.
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
15.
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.
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
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:
16.
1. Each engine company shall be manned with no less than one (1) Fire
Captain, one (1) Fire Engineer, and one (1) Firefighter.
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 either two (2) Firefighters or one (1) Firefighter and
one (1) Fire Paramedic.
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.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
times.
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 higher classification, when properly qualified and
compensated in accordance with Article 17, shall be considered equivalent to the
required classification.
17.
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.
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.
18.
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) 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;
19.
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:
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 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.
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.
20.
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-l. 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.
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 1, 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.
21.
ARTICLE 26
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 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.
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 1, 1979, and ending at midnight on June 30, 1980. This
22.
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 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: 7'3_1 1
CITY OF HUNTINGTON BEACH
APPROVED AS TO FORM:
B
City ministrator
J. Nicholas Counter III
Labor Relations Counsel
F' Chief
APPROVED AS TO FORM: TINGTON BEACH
IREMEN'S ASSOCIATION
SILVER, WELLS AND KREISLER
By
By
Stephen H. Silver By
Counsel for ASSOCIATION
I
By
By
By
APPROVED AS TO FORM:
GAIL HUTTON
City Attorney
llleq�.
By:
Deputy City Attorney
23.
EXHIBIT "A"
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE JULY 7, 1979
TITLE RNG A B C D E
Fire Apprentice NE 197 1120 1182 1248
Fire Controller NE 261 1392 1468 1550 1653 1725
Firefighter NE 261 1392 1468 1550 1635 1725
Supvg. Fire Controller EX 307 1749 1844 1947 2054 2167
Fire Engineer NE 286 1570 1657 1749 1846 1948
Fire Engineer Relief NE 272 1468 1550 1635 1725 1820
Fire Paramedic NE 297 1664 1756 1853 1955 2063
Fire Protection Specialist NE 297 1664 1756 1853 1955 2063
Fire Captain EX 320 1865 1967 2075 2189 2309
Fire Captain Relief EX 297 1664 1756 1853 1955 2063
Deputy Fire Marshal EX 331 1971 2080 2194 2316 2442
EFFECTIVE JANUARY 5, 1980
TITLE RNG A B C D E
Fire Apprentice NE 205 1172 1236 1303
Fire Controller NE 269 1449 1529 1612 1700 1794
Firefighter NE 269 1449 1529 1612 1700 1794
Supvg. Fire Controller EX 315 1815 1915 2021 2132 2250
Fire Engineer NE 294 1640 1730 1825 1926 2031
Fire Engineer Relief NE 280 1525 1609 1697 1791 1889
Fire Paramedic NE 305 1732 1827 1927 2033 2146
Fire Protection Specialist NE 305 1732 1827 1927 2033 2146
Fire Captain EX 328 1941 2049 2161 2281 2406
Fire Captain Relief EX 305 1732 1827 1827 2033 2146
Deputy Fire Marshal EX 339 2051 2163 2283 2408 2539
t
CITY OF HUNTINGTON BEACH
PERSONNEL DEPARTMENT
JUNE 18, 1979
COST ESTIMATE OF JUNE 11, 1979 - FA PROPOSAL
7-7-79 Salary Increase of 5% $221,000 5.0000
7-7-79 Ling Term Disability 26,000 -78%
1-1F-SO Salary 'increase of 4% 93,000 2.0000
-7- 3 ,Manning Modification Savings - 55,000 - 1.7501,
$285,000 6.03%
*3,
Res. No. 4775
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 16th day
of July 1979 by the following vote:
AYES: Councilmen:
Pattinson, Mandic, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
Thomas, MacAllister
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Hun.Aington Beach, California
BY: z2n*� I
Deputy
I