HomeMy WebLinkAboutCity Council - 5046 RESOLUTION NO. 5046
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 October 10, 1981, 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 adjourned
meeting thereof held on the 26th day of October , '1981.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: APPROVED AS TO CONTENT:
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10/15/81
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, 1981-1982; 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
October 10, 1981, 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
ARTICLE 2
SALARY SCHEDULES
A. Effective October 10, 1981, 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. Salary shall be paid on a biweekly basis. By mutual consent of CITY and
ASSOCIATION, early payment and other modifications can be made.
C. 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. Each employee covered by this Agreement shall continue to be reimbursed an
amount equal to 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. 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
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
1. 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 work performed in excess ofeighty (80) hours in any
two (2) week pay period.
2. All shift employees shall work an average of 56 hours per week pursuant
to the current schedule of five 24-hour shifts in a 15-day period with six consecutive days
off.
2.
3. 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 or any other schedule or work week mutually agreed upon by the Fire Chief and
the employee.
4. Persons not subject to emergency duty shall work'a 40 hour work week of
8 hours per day 5 days per week.
5. 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.
6. 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.
7. 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 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.
8. 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.
9. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
3.
10. 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.
11. 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, less than 72 hours in advance of the commencement of the
scheduled overtime shift, 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 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.
4.
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. Except as provided below, the CITY shall continue to provide group medical
benefits to employees with coverage and other benefits equal to the Blue Cross Group
Medical Plan Number 40100A in effect as of November 1, 1979, a copy of which is
attached hereto and incorporated herein as Exhibit "C." Effective November 1, 1981 said
benefits shall be amended in the following respects:
1. The lifetime maximum benefit payment shall be increased from $300,000
to $1,000,000.
2. The "in hospital" coverage for mental and nervous condition shall be
reduced from 100% to 50%.
3. The "out patient" coverge for mental and nervous condition of $10 per
visit shall be eliminated.
4. The California Psychological Health Plan as contained in Exhibit "D" shall
be implemented.
5. The current RVS schedule shall be replaced by the 1974 RVS schedule.
Effective January 1,1982 the preventative dental benefit plan shall be deleted from the
Family Health Program.
B. The CITY shall provide for dependent health benefits 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
benefits program maintained by the CITY with respect to employees represented by the
5.
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, 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 coverage after retirement shall have the
further option to terminate such coverage following the provision of thirty (30) days
written notice to the CITY, whereupon any funds due and owing him for unused sick leave
benefits that have not been exhausted to pay these health insurance premiums shall be
paid in a lump sum to the retired employee within thirty (30) days following receipt by the
CITY of such notice; provided, however, that once such retired employee elects to
terminate such coverage, he shall be precluded from securing it at a later date at the
group rate. It is understood that such retiree coverage shall be made available during the
term of this Agreement at no increased cost to the CITY.
D. The CITY shall provide a Life Insurance Plan for the employees covered by this
6.
Agreement. Said plan shall be equal to that provided by Standard Insurance Company
Policy 332175-A, Optional Insurance, Section 1B, Plan A, a copy of which is attached
hereto and incorporated herein as Exhibit E-1.
E. Effective November 1, 1981 the City shall pay to the Association on behalf of
each affected employee, on a monthly basis, an amount equal to the present premium for
the long term disability policy #297549-B presently maintained by the California State
Firemen's Association through the Standard life of Oregon Insurance Company, a copy of
which is attached hereto and incorporated herein as Exhibit E-2.
The City's sole obligation under this paragraph shall be to make payments to the
Association with the above schedule.
F. Effective November 1, 1981, the City shall provide each employee with
coverage under the current Accidental Death and Dismemberment Insurance plan in
effect for the CITY with a benefit of $50,000 as described in Bankers Life Policy
#SR50,935-50 attached hereto and incorporated herein as Exhibit E-3.
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 provide for each employee and his/her dependents the dental
and/or orthodonture insurance program contained in PMI Policy #CXP 203, attached
hereto and incorported herein as Exhibit E-4.
ARTICLE 7
SICK LEAVE
A. 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.
B. Effective October 10, 1981, 24 hour shift employees shall be entitled to charge
up to 3 shifts per year of sick leave for family sick leave as presently defined in the City
Personnel Rules where the attendence of the employee is required...
7.
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. The following are 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 (November 11)
(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.
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.
E. Any employee who does not work shift work may elect to take time off in
lieu of holiday pay as set forth above. In addition, such employee shall receive the
equivalent of two (2) holidays (16 hours) as annual vacation accrued over twenty-six pay
periods.
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.
8.
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 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.
9.
G. VACATION PAY UPON TERMINATION. Except as 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, step grandfather,
stepg rand mother, 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 11
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:
10.
l
Education HBFD Continuing
Incentive Completed Year of Monthly Education
Level Units Tenure Amount Maintenance Units
I Cert. in Fire 1 SO 6
Science or
30 Units or
Firefighter III
Certification
II 60 Units or 2 $ 70 3
Fire Officer
Certification
III 90 Units (or 3 $ 90 3
AA Fire Science)
or Chief Fire
Officer
Certification
IV 120 Units or S $ 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
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.
11.
(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.
(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.
12.
(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 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; 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 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
13.
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half ( ) 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 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"
14.
attached hereto and incorporated herein as Exhibit "F." This exchange shall not be
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:
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.
15.
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.
B. 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.
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.
16.
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 acceptance or rejection of
the protest. The protest board shall consist of one (1) member appointed by the Fire
17.
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
f 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. Six (6) 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.
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
18.
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. Each employee who meets the fitness
standards established by the State Board of Fire Service or equivalent standards provided
in Policy D-9 of the Huntington Beach Fire Organization Manual, a copy of which is
attached hereto and incorporated by reference as Exhibit H, mutually agreed upon by the
parties, shall receive at that time an additional $50 per fiscal year.
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 safetyclothing and uniforms may
9 Y
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-1. 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.
19.
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, 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
20.
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 commencing on
October 10, 1981, and ending at midnight on September 30,1982. 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.
21.
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: October 26, 1981
CITY OF tjWNTINGTON BEACH
APPRZ�VD
City Administrator
Nich as Counter III
/abor elations Counsel K
B
Fire Chief"
FIREMEN'S ASSOCIATION
/2 '14/,,
By./I
By
By
By
APPROVED AS TO FORM:
City Attorney
22.
r" EXHIBIT A
CITY OF HUNTINGTON-BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 10, 1981
JOB NO. TITLE RNG A B C D E
4434 Fire Apprentice NE 227 1309 1380 1456
6432 Fire Controller._. NE 273 1477 1558 1643 1733 1829
4432 Firefighter NE 292 1624 1714 1808 1907 2011
2460 Supvg. Fire Controller EX 337 2030 2141 2259. 2383 2515
3430 Fire Engineer NE 317 1836 1936 2042 2155 2272
3432 Fire Engineer Relief NE 302 1707 1801 1900 2004 2115
4428 Fire Paramedic NE 327 1933 2038 2151 2269 2394
4430 Fire Protection Specialist .NE 327 1933 2038 215l 2269 2394
1480 Fire Captain FX 351 2177 2297 2423 2557 2697
1482 Fire Captain Relief EX 327 1933 .2038 2151 2269 2394
1430 Deputy Fire marshal EX 361 2288 2415 2548 268&. 2836
Fire Controller: Pay levels based on 40 hour weeks, e.g. , "E" step hourly rate is
310.55. Overtime at time and one half payable for hours in excess
of 80 in a two-week pay period.
7409E/6018
Res. No. 5046
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss;
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular adjourned meeting thereof held on the 26th day
of October , 19 81 by the following vote:
AYES: Councilmen:
MacAllister, Pattinson, Finley, Bailey, Mandic, Kelly
NOES: Councilmen:
Thomas
ABSENT: Councilmen:
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California