HomeMy WebLinkAboutCity Council - 5202 RESOLUTION NO. 5202
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 1, 1982, 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 6th day of December , 1982.
LL'I
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Cilty Attorney
REVIEWED AND APPROVED: APPROVED AS TO CONTENT:
City Administrator Fir Chie
.de
11/23/82
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 period
October 1, 1982 to September 30, 1983,
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 1, 1982, 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
Reserve Firefighter
Firefighter
Supervising Fire Controller
Fire Engineer
Fire Paramedic
Fire Protection Specialist
Fire Captain
Deputy Fire Marshal
ARTICLE
SALARY SCHEDULES
A. Effective October 1, 1982, 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 April 1, 1983 this agreement shall be reopened for the limited
purpose of negotiating the base salary of Supervising Fire Controllers and Fire
Controllers, if a comparison of the top step of the base salary of those classifications with
the top step of base salary paid to comparable employees in Orange County Fire
Departments reflects that the base salaries of Supervising Fire Controller and/or Fire
Controller stand in a lower position in the County than that occupied at the time of the
execution of this agreement. The current comparison survey reflecting that the salaries
of those classifications stand in third position in the County is attached hereto as Exhibit
A-1 and incorporated by reference.
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
0700 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
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. For each shift actually worked, Fire Controllers shall
2.
receive as compensation for break periods worked, an additional sum equal to one half
hour's base salary, which sum shall be added to and become a part of the employee's base
salary and shall not be regarded as overtime hours worked for the computation of
overtime.
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.
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. Fire Controllers shall receive premium pay at one and one half (11/2)
times their normal rate for all work performed in excess of eighty (80) hours in any two
(2) week pay periods.
6. 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. For Fire Controllers, in each pay period, work performed shall be
defined as actual time worked, approved vacation and/or compensatory paid leave and/or
up to four hours of paid sick leave and/or leave for industrial illness or injury. For all
other employees, work performed shall be defined as 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.
B. An employee who is required to attend a class or seminar to maintain
his/her current position shall have his/her related expenses paid by the City. If such
attendance occurs at a time when the employee is not scheduled to work, he/she shall
receive additional compensation of eight hours per day at straight time. Local Orange
County attendance shall only be compensated on an hourly basis.
9. 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
3.
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.
10. 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.
11. An employee shall be considered to be working if he is called to duty by
order initiated by the Fire Chief or his designee.
12. 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.
13. Meal, periods are paid as hours worked for personnel who are subject to
call for emergency duty.
B. COMPENSATORY TIME. For all employees other than Fire Controllers and
shift employees, in lieu of compensation by cash payment for overtime as provided in
Article 4, Section A, such employees may, at their option, and with approval of the Fire
Chief, be compensated by compensatory time at a straight time rate on an hour for hour
basis.
In any pay period where a Fire Controller or shift employee is eligible to receive a
cash payment for overtime at time and one half (11/2) as provided in Section "A" of this
article, such employee may elect to receive compensatory time at straight time in lieu of
a cash payment at time and one half (11/2). Compensatory time may be accumulated to a
maximum of 120 hours. Compensatory time may be taken on an hour for hour basis only
with the permission of the Fire Chief with due consideration for the request of the
4.
employee and particular regard for the need of the Department. Upon his/her request,
any employee may elect to convert all or a portion of compensatory time to a cash
payment at time and one half. Any such payment shall be made on the next regular
payday following the request, provided the request is made by the end of the previous
payroll period.
At the time of any change in the Salary Schedule, any accumulated time which has
not been used or paid off, shall be paid in cash at the rate of time and one half (11/2)
based upon the salary schedule in effect prior to the change.
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.
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
5.
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 benefits to employees with
coverage and other benefits equal to the Blue Cross Group Medical Plan Number 40100A,
a copy of which is attached hereto and incorporated herein as Exhibit "C."
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 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
6.
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 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 October 1, 1982 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 longterm disability policy 297549-B presently maintained b the California State
Y P Y �� P Y Y
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 in accordance with the above schedule.
F. The City shall continue to 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. Except as provided in Section "E" of this Article, 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.
7.
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. Twenty four (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. The Fire Chief may
authorize an employee to charge additional sick leave for family sick leave in the event of
serious illness of an employee's dependent(s) where warranted by the circumstances.
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 Y(Januar 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)
B. 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.
B.
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.
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 one hundred and nine (109) 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 125 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 141 hours
per year.
4. After fifteen (15) years of continuous service, vacation time shall be
accrued at the rate of 173 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
9.
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. 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, stepgrandmother,
grand children, 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.
10.
ARTICLE 11
COURT SERVICE
Employees who are subpoenaed to attend court to serve as witnesses in connection
with matters arising out of the course and scope of employment, 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, effective October 1, 1982, employees shall be
compensated by the City for education incentive as follows:
1. Any employee, except Fire Controllers, who has completed 3 years of
service with the Huntington Beach Fire Department and has attained an Associate of Arts
Degree in Fire Science or an equivalent course of study as determined by the education
committee and the Fire Chief shall receive an additional monthly payment of $80.00.
2. Any employee in the classification titles of Fire Captain and Deputy
Fire Marshal who has completed six (6) years of service with the Huntington Beach Fire
Department and who has attained a Bachelors Degree in Fire Administration or Public
Administration (or an equivalent course of study as determined by the education
committee and the Fire Chief) shall receive an additional monthly payment of $130.00.
B. Notwithstanding the foregoing, any employee currently receiving educational
incentive benefits in accordance with the schedule set forth below shall continue to
receive the monthly payments entitled there under in lieu of any payment available under
Section A of this Article if the current payment exceeds the payment to which the
employee would be entitled under Section "A" if any.
11.
Education HBFD Continuing
Incentive Completed Year of Monthly Education
Level Units Tenure Amount Maintenance Units
I Cert. in Fire 1 50 6
Science or
30 Units 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 5 $ 110 3
Chief Fire Officer
Certification
V BA or BS 6 $ 120 0
Degree or Chief
Fire Officer
Certification
C. 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 the third shall be the Personnel Coordinator.
3. Certification to an education incentive level and to the additional
monthly compensation therefor shall commence on the first day of the payroll period the
month after approval by the Fire Chief and the Education Committee.
12.
4. 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.
5. 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.
6. 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.
7. "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.
8. 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.
13.
9. Maintenance courses shall be related to job or general education
requirements for degree objective as approved by educational institution for degree
program.
D. 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.
E. All employees not eligible for an Educational Incentive Benefit under one of
the above plans shall be entitled to receive full reimbursement for books and tuition
expended in connection with approved courses as defined in paragraph C 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 C 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 112% at age 50 plan" which is based on the
retirement formula as set forth in the California Public Employees' Retirement System
(PERS), Sections 20952.5 and 21252.01 of the California Government Code, including the
one-half (2) 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.
14.
E. During the term of this agreement, the parties shall study the feasibility of
alternative retirement programs. Nothing contained herein shall entitle the City to make
any unilateral change in the retirement program for current or future employees.
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"
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.
15.
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
j one (1) Fire Paramedic.
4. Paramedic units shall be manned with no less than two (2) Fire
Paramedics.
5. Fire companies not considered to be in full service and immediately
available shall not be required to have personnel assigned to them for the purpose of this
Article.
6. There shall be at least two (2) qualified Fire Controllers on duty at all
times.
7. (a) The minimum manning as set forth in this Article, shall be
specifically and exclusively from employees of the Huntington Beach Fire Department for
all routine activities and normal shift duties.
(b) No employee shall be assigned to more than one (1) company at
the same time for all routine activities and normal shift duties.
(c) Routine activities and normal shift duties shall include those
emergencies that would normally be handled by the on-duty suppression force.
16.
8. Any employee assigned to serve in the capacity of Battalion Chief Aide
shall not be utilized to satisfy any of the minimum manning requirements set forth in this
Article. 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.
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
17.
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
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.
18.
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:
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
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.
19.
H. 1. CITY shall provide each employee who participates in the Fire
Department's physical fitness program one hundred dollars ($100) 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.
2. Each employee who meets the fitness guidelines 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 $10 or equivalent compensation per fiscal year.
3. Reserve Firefighters who complete one full year of satisfactory service
with the Huntington Beach Fire Department shall be reimbursed for actual expense
incurred for required uniform shoes in an amount not to exceed the cost of equivalent
shoes provided by the Department and shall also be reimbursed for one half (1/2) of the
cost of any medical examination required by the Fire Department as a condition of
becoming a Reserve Firefighter. The medical examination must have been conducted no
earlier than sixty (60) days prior to appointment as a Reserve Firefighter.
I. A uniform advisory committee composed of two (2) members appointed by
the ASSOCIATION and two (2) representatives appointed by the Fire Chief shall make
recommendations on the uniforms to be worn, the method of said uniforms will be
provided and obtained and further recommendations on safety clothing and uniforms may
be required during the term of this Memorandum of Agreement.
J. All employees assigned to staff positions shall be provided two (2) complete
sets of the type of uniform required by the Fire Chief for such positions. This uniform
may be issued in lieu of two (2) sets of the work uniforms provided by D-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.
20.
ARTICLE 22
TIME OFF - ASSOCIATION BUSINESS
During the term of this agreement, authorized representatives of the Association
shall be entitled to receive up to a total of 375 collective hours without any loss of
compensation per contract year to be utilized for lawful Association activities.
ARTICLE 23
CERTIFICATION IN CLASS
A. Any employee, in a position that did not require certification as a condition
of employment and who at any time has been or becomes certified by the State Board of
Fire Services in a classification then occupied shall be entitled, upon request, to a cash
payment of $250. Each employee may only receive one such payment irrespective of the
number of times he is certified in any position.
B. Effective October 1, 1982, each time a Fire Paramedic working in that
classification is recertified as a Paramedic, he/she shall be entitled to a cash payment of
$200.
ARTICLE 24
FOREIGN LANGUAGE DIFFERENTIAL
Up to seven employees who have demonstrated their ability to converse in Spanish
or Vietnamese shall receive a monthly cash payment of $50. The manner of
demonstrating proficiency and the selection of which eligible employees receive the cash
payment (if more than seven employees are eligible) shall be determined in a manner to be
agreed upon between the Fire Chief and the Association; providing that if the parties are
unable to agree, then the determination shall be made by the Education Committee
described in Article 12, C, 2.
ARTICLE 25
QUARTERS
CITY shall continue to provide necessary kitchen, living and sleeping quarters in
the several fire stations and shall continue to provide facilities for Association meetings.
ARTICLE 26
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.
21.
ARTICLE 27
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 28
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 29
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 30
EXISTING CONDITIONS OF EMPLOYMENT
Except as expressly provided herein, the existing wages, hours and other terms and
conditions of employment within the lawful scope of representation of the ASSOCIATION
that are contained in prior Memoranda of Understanding between the parties hereto and
which are currently applicable to employees covered herein, shall remain in full force and
effect.
ARTICLE 31
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
22.
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 32
TERM OF MEMORANDUM OF AGREEMENT
This Memorandum of Agreement shall be in effect commencing on October 1, 1982,
and ending at midnight on September 30, 1983. This Agreement constitutes the entire
agreement of the parties as to the changes in wages, hours and other terms and conditions
of employment of employees covered hereunder for the term hereof.
ARTICLE 33
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: /?,�G h
APPROVED:
CITY ZOFTINGT B C FIREMEN'S ASSOCIATION
By � Byministrator
Fire Chief
By By
City Negotiator
By
APPROVED AS TO FORM:
t
By Z,—= , .
City Attorney
A.--
EXHIBIT "A"
CITY OF HUNTINGTON BEACH
FIRE ASSOCIATION SALARY SCHEDULE
EFFECTIVE OCTOBER 1, 1982
JOB NO. TITLE RNG A B C D E
4434 Fire Reserve NE 3.35 per hr
6432 Fire Controller NE 283 1546 1631 1721 1817 1917
4432 Firefighter NE 306 1742 1837 1938 2044 2156
2460 Supvg. Fire Controller EX 347 2134 2252 2375 2505 2642
3430 Fire Engineer NE 331 1971 2080 2194 2316 2442
4428 Fire Paramedic NE 341 2070 2184 2304 2430 2564
4430 Fire Protection Specialist NE 341 2070 2184 2304 2430 2564
1480 Fire Captain EX 365 2335 2463 2598 2740 2891
1430 Deputy Fire Marshal EX 375 2454 2590 2732 2883 3040
2828B/042A
Res. No. 5202
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 6th day
of December , 19 82 , by the following vote:
AYES: Councilmen:
Thomas, MacAllister, Mandic, Finley, Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California