HomeMy WebLinkAboutCity Council - 4910 RESOLUTION NO. 4910
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING
PAYMENT OF SALARIES AND BENEFITS TO
MEMBERS OF THE HUNTINGTON BEACH FIREMEN'S
ASSOCIATION
The Huntington Beach City Council does hereby resolve as follows:
The Memorandum of Agreement between the City of Huntington Beach and the
Huntington Beach Firemen's Assocation effective July I, 1980, 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 Huntington Beach City Council at a regular
meeting thereof held on the day of 1 fl 1980.
b
�.. Mayor
ATTEST:APPROVED AS TO FORM:
Ci y Clerk Cit Attorney
U �
REVIEWED AND APPROVED: INITIATED AND APPRO D:
i Administrator Director of Per*1and
Labor Relations
RCS/de
8/1/80
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, 1980-1981; 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, 1980, 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
ARTICLE 2
SALARY SCHEDULES
A. Effective July 5, 1980, the base salary of each employee represented by the
Association shall be as set forth in the Salary Schedule attached hereto, as Exhibit "A".
B. Effective January 3, 1981, the base salary of each employee represented by
the Association shall be as set forth in the Salary attached as Exhibit "A".
C. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications can be made.
D. 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
PERS PICKUP
A. Effective July 5, 1980, each employee covered by this Agreement shall be
reimbursed an amount equal to 5% of the employee's base salary as pickup of the
employee's contribution to the Public Employees Retirement System.
B. Effective January 3, 1981, each employee covered by this Agreement shall be
reimbursed 7% of the employee's base salary as pickup of the employee's contribution to
the Public Employees Retirement System.
The above PERS pickup is not base salary but is done pursuant to Section 414(h)(2) of
the Internal Revenue Code.
For retirement purposes, the above pickup shall be considered as compensation and
the appropriate PERS deductions shall be made from the above pickup in name of the
individual employee. The above pickup shall be credited to the employee's account with
PERS.
Should any ruling by either the PERS or other State or Federal agency nullify the
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benefit authorized above, the City and the Association agree to reopen negotiation
regarding wages and salaries.
ARTICLE 4
HOURS OF WORK, OVERTIME, COMPENSATORY TIME AND STANDBY
A. Hours of Work and Paid Overtime
I. All Fire Controllers shall continue to work the ten (10) and fourteen (14)
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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
(192) times their normal rate for all work performed in excess of said scheduled hours in
any two (2) week pay period.
2. Until January 3, 1981, work schedules and entitlement to overtime pay
for all sworn firefighting personnel covered by this agreement shall be governed by the
provisions of the previous agreement between the parties (adopted by Resolution #4775).
3. Effective January 3, 1981, all shift employees shall work an average of
56 hours per week pursuant to a schedule of five 24-hour shifts in a 15-day period with
six consecutive days off. Such schedule shall match in sequence the schedule currently in
effect in the City of Westminster. A future change in the Westminster schedule shall not
be cause for a change in this agreed to schedule.
4. Persons assigned to perform fire prevention and/or staff duties shall
work an average of 42 hours per week on a 10 hour day in accordance with their present
schedule.
5. Persons not subject to emergency duty shall work a 40 hour work week of
8 hours per day 5 days per week.
6. Effective January 3, 1981, all sworn employees covered by this
Agreement shall be eligible for overtime pay of one and one-half times their hourly
compensation for all work performed in excess of the employees scheduled hours in any
two (2) week pay period.
7. Effective January 3, 1981, work performed shall constitute actual time
worked and/or approved vacation and/or compensatory paid leave. Employees will be
paid straight time for all work performed up to the scheduled hours in said pay period.
No other time off shall be construed as work performed for purposes of this Article.
8. Manning vacancies shall be filled rank for rank whenever possible. In the
event that a vacancy cannot be filled by voluntary overtime, persons qualified to fill said
vacancy may be utilized at the discretion of the Fire Chief to maintain adequate
manning levels.
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 a voluntary 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. Any employee who
voluntarily works overtime in a different classification shall be compensated
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at a rate of pay consistent with the classification worked. Any employee who is ordered
in to work a lower classification, shall be compensated at the rate attendant to his
regular classification.
9. The CITY will maintain and adhere to the overtime system as set out in
"Huntington Beach Fire Department Organization Manual, Policy D-3," published as
revised concurrently with this Agreement, a copy of which is attached hereto and
incorporated herein as Exhibit "B". The overtime system and/or "Policy D-3" may be
modified by mutual agreement of the parties at any time during the term of this
Agreement.
10. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
11. 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 work performed
within the meaning of Article 4.
12. Meal periods are paid as hours worked for personnel who are subject to
call for emergency duty.
B. COMPENSATORY TIME. In lieu of compensation by cash payment for
overtime as provided in Article 4, 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 "B" hereto, which
scheduling is subsequently cancelled, shall receive a minimum of two (2) hours pay at the
straight time rate for (I) 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.
4.
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 include approved vacation and compensatory time 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. 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
those persons previously assigned thereto may be utilized to fill any such vacancy prior
to the use of off duty personnel on an overtime basis.
ARTICLE 5
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 40100A
in effect as of November I, 1979, a copy of which is attached hereto and incorporated
herein as Exhibit "C."
B. 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 owing them for unused sick leave benefits upon retirement, as provided in Article 7;
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,
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as provided in Article 7, 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 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 continue to provide for each employee at City cost, the $1,000
Life Insurance Plan provided pursuant to the previous agreement between the parties.
Effective January 3, 1981, the CITY shall provide a Life Insurance Plan for the
employees covered by this Agreement. Said plan shall be equal to that provided by
Standard Insurance Company Policy 332175-A, Optional Insurance, Section IB, Plan A.
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 I, 1979, a copy of which is attached hereto and incorporated herein as
Exhibit "E."
6.
F. Effective January 3, 1981, the City shall provide each employee with coverage
under the current Accidental Death and Dismemberment Insurance plan in effect for the
CITY.
G. Nothing in this Article shall be deemed to restrict the CITY's right to change
insurance carriers should circumstances warrant.
H. Nothing in this Article shall be deemed to obligate the CITY to improve the
benefits outlined in this Article.
ARTICLE 6
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.
ARTICLE 7
SICK LEAVE
Upon termination, employees shall be paid (or have paid on their behalf as
provided in Article 5) 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 8
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) Washington's Birthday (third Monday in February)
(3) Memorial Day (last Monday in May)
(4) Independence Day (July 4)
(5) Labor Day (first Monday in September)
(6) Veterans' Day (last Monday in October)
(7) Thanksgiving Day (fourth Thursday in November)
( 8) Friday after Thanksgiving
( 9) Christmas Day (December 25)
B. In the event that a holiday, other than the holidays set forth in Article 8,
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.
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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 8, 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 8,Section A.
ARTICLE 9
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. VACATION ALLOWANCE. Permanent, full time employees shall accrue
annual vacations at the 40 hour week accrual rate 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 fifty-six (56) hours of earned
vacation benefits, provided that no more than fifty-six (56) 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
320 hours. Vacations shall be taken only with permission of the Fire Chief who
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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 8, Sections A and B, falls within a vacation period of an
employee, not receiving holiday pay in accordance with Article 8, Section E, said day or
days shall not be charged against the vacation allowance as defined in this Article, 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.
as Except provided in Article 9-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. These slots shall be made
available by rank, one to Firemen, one to Engineers, one to Paramedics and one to
Captains. 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 10
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.
9.
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ARTICLE I I
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 12
EDUCATION INCENTIVE PLAN
A. Except as provided below in Article 12-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 I T-3T— 6
Science or
30 Units or
Firefighter III
Certification
II 60 Units or 2 $ 70 3
Fire Officer
Certification
II( 90 Units (or 3 $ 90 3
AA Fire Science)
or Chief Fire
Officer
Certification
IV 120 Units or 5 $ 110 3
Chief Fire Officer
Certification
V BA or BS 6 $ 120 0
Degree or Chief
Fire Officer
Certification
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
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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 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 11 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 11, but he shall thereafter be reinstated to the monthly amount for
education incentive level III upon satisfactory completion of the biennial requirements
therefor.
II.
(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.
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; 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. 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
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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.
ARTICLE 13
RETIREMENT
A. The CITY shall provide all safety employees with that certain retirement
program commonly known and described as the "2% 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 (G.C. 21263, 21263.1, 21264) 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, (highest single year).
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 shall survive the term of this Agreement.
ARTICLE 14
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 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
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relief Article, 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 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." This exchange shall not be
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considered when computing work performed as defined in Article 4.
ARTICLE 17
ADMINISTRATIVE APPOINTMENT
An employee administratively appointed to the position of Deputy Fire Marshal or
Fire Protection Specialist who has satisfactorily completed eighteen consecutive months
of service in such positions and subsequently is involuntarily reassigned to a classification
with a lower rate of pay shall continue to receive the rate of pay last achieved in the
higher classification until the rate of pay for his reassigned classification equals or
exceeds that of his former classification.
This Section shall not apply to voluntary transfers, disciplinary demotions or
layoffs.
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, the minimum manning of apparatus shall be
as follows:
I. 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.
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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
t imes.
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.
S. 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. He 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 4, 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.
15.
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 is 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 unless the "Assessment Center" method
is used. 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
three (3) working days of the date of the event that is the subject of the protest. 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
16.
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.
F. The Fire Chief may alter the duration of any promotional list for any
authorized position as authorized in the present Fire Department Policy Manual.
ARTICLE 21
SAFETY CLOTHING AND UNIFORMS
The present uniform and clothing policies as delineated in this Article, 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, or equivalent,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.
17.
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 of December provided that the white T-shirts referred to
herein may be required to be worn as part of the daily work uniform.
1. 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:
I. 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.
18.
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, 1980 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
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.
19.
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, 1980, and ending at midnight on June 30, 1981. 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.
20.
ARTICLE 30
CITY COUNCIL APPROVAL
It is the understanding of CITY and ASSOCIATION that this Memorandum of
or effect whatsoever unless and until adopted b
Agreement is of no forcep y resolution of
the City Council of the City of Huntington Beach.
DATED: IM
CITY OF HUNTINGTON BEACH
APPROVE AS TO ORM:
By
y4 Administrator
Nicholas Counter III
,Labor Relations Counsel
e hie
APPROVED AS TO FORM: HUNTINGTON BEACH
SILVER AND KREISLER FIREMEN'S ASSOCIATION
By By a�e
Stephen H. Silver
Counsel for ASSOCIATION By
By
By
By
APPROVED AS TO FORM:
GAIL HUTTON, City Attorney
By:
City At r ey
21.
EXHIBIT "A"
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE JULY I, 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
EFFECTIVE JANUARY 3, 1981
TITLE RNG A B C D E
Fire Apprentice NE 209 1196 1262 1331
Fire Controller NE 273 1477 1558 1643 1733 1829
Firefighter NE 273 1477 1558 1643 1733 1829
Supvg. Fire Controller NE 319 1855 1957 2064 2177 2297
Fire Engineer NE 298 1674 1766 1863 1966 2073
Fire Engineer Relief NE 284 1557 1641 1732 1827 1927
Fire Paramedic NE 309 1766 1863 1966 2073 2187
Fire Protection Specialist NE 309 1766 1863 1966 2073 2187
Fire Captain NE 332 1981 2090 2205 2326 2454
Fire Captain Relief NE 309 1766 1863 1966 2073 2187
Deputy Fire Marshal NE 343 2089 2205 2323 2454 2588
22.
Res. No. 4910
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 4th day
of August 19 80 by the following vote:
AYES: Councilmen:
Pattinson, Thomas, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
MacAllister
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California