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HomeMy WebLinkAboutHBFA - Huntington Beach Firefighter's Association - 1963-05-17Huntington Beach Ffighireters Association 1963 - 1.970 6001070 ecv all COTTON 9 AUSTIN JEROME G. COLTON JACK F. AUSTIN Honorable Mayor and City Council City of Huntington Beach City Hall P.O. Box 190 Huntington Beach, Gentlemen: 800 SOUTH STREET - LONG BEACH, CALIFORNIA 90805 TELEPHONE 423-8448 (AREA CODE 213) October 16, 1970 California 92648 RECEIVED rruNr1OF Ncr,iycir, caLiF.; 1970 17CT 1,9 fi# We wish to advise that this office has been retained.by and is now representing the Huntington Beach Firemen's Association, Inc., in all matters pertaining to and resulting from the adoption by the Council, on September 28, 1970, of Resolution No. 3220, which resolution wastitled as "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN." Said resolution, as adopted, provides for, among other things, a three -range salary increase for personnel of the Huntington Beach Fire Department, which increase amounts to 8.25%. /i You will further recall that pursuant to the terms of the written Memorandum of Understanding, dated August 25, 1970,. which memoran- dum was made and entered into by and between.our client and the City of Huntington Beach, after meetings and conferences which were held in good faith pursuant to the applicable provisions of the Government Code of the State of California, salary increases for fire department personnel were to amount to 11% - 13.5%. It is our opinion that the action of -the Council, in adopting. Resolution No. 3220 on September 28, 1970, was illegal and there- by invalid, in that such action -was contrary to the letter and spirit of the provisions of the Meyers-Milias-Brown Act, asset forth in. Sections 3500-3511 of said Government Code. Accordingly, for and on behalf of our client, the Huntington Beach Firemen's Association, Inc., we hereby formally request that your Honorable Body agree to submit this dispute -to mediation, under the terms and conditions which are set forth in Government Code §3505.2; and we will appreciate receiving a reply to this request within ten days from the date of this letter. INFORMATION ONLY COPIES TO COUNCI �� / g`�o Yale- COLTON 8 AUSTIN Honorable Mayor -and City Council Page 2 October 15, 1970 In the event that the Council decides not to agree to enter into mediation, or, should we fail to receive a reply -within said ten day period,.we have been instructed to, and will, commence appro- priate legal proceedings.for:the enforcement of all of our cli- ent's legal rights. Yours very truly, COLTON & AUSTIN 6;'Jerome G. Colton JGC:llr cc: Doyle Miller City -Administrator cc: Donald Bonfa City Attorney cc: H.B.F.A., Inc. ry,, COLF'ON F5 AUSTIN ��fl`oro ze9t� �a�/�u✓ JEROME G. COLTON 800 SOUTH STREET LONG BEACH; CA!.�FORNIA 90805, JACK F. AU STUN fELLPHONF 423-8448 . 1AF+LA isOGE. .: 3) - October 16, 1970 Honorable Mayor and City Council+UHrrNC�,yv City of Huntington Beach , CAT, City Hall Huntington 9Beach, California 92648 ly;°�1 ;r1 �/ 9 Gentlemen:, We wish to advise that this office has been retained by and is now representing the Huntington Beach Firemen's Association, Inc., in all matters pertaining to and resulting from the adoption by the Council, on September 28, 1970, of Resolution No. 3220, which resolution was titled as "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN." Said resolution, as adopted, provides for, among other things, a three -range salary increase for personnel of the Huntington Beach Fire Department, which increase amounts' to 8.25%, You will further recall that pursuant to the terms of the written Memorandum of Understanding, dated August 25, 1.970, which memoran- dum was made and entered into by and between our client and the City of Huntington Beach, after meetings and conferences which were held in good.faith pursuant to the applicable provisions of the Government Code of the State of California, salary increases for fire department personnel were to amount to 11% - 13.5%0 ' It is our opinion that the action of the Council, in adopting Resolution Noo.3220 on September 28, 1970, was illegal and there- by invalid, in that such action was contrary to the letter and spirit of the provisions of the Meyers-Milias-Brown Act, as set forth in Sections 3500-3511 of said Government Code. Accordingly, for and on behalf of our client, the Huntington Beach Firemen'sAssociation, Inc,, we hereby formally request that your. Honorable Body agree to submit this dispute to mediation, under the terms and conditions which are set forth in Government Code §3505.2; and we will appreciate receiving a reply to this request within ten days from the date of this letter. INFORMATION ONLY COPIES TO COUNCILLv-/ 9-?v )i . -)N 8 AUSTIN .�onorable Mayor and City Council Page 2 . October 15, 1970 In the event that the Council decides not to agree to enter into mediation, or, should we fail to receive a reply within said ten day period, we have been instructed to, and will, commence appro- priate legal proceedings for'the enforcement of all of our cli- ent's legal rights. Yours very truly, COLTON & AUSTIN C05ZJerome G. Colton JGC:llr cc: Doyle Miller City Administrator cc: Donald Bonfa .City Attorney cc: H.B.F.A., Inc. 7 h�r� ►' TO: Mr. Doyle Miller, City Administrator ?0 FROPQ: Huntington Beach #airmen's Association 3�2 SUBJ: Formal Recognition of Employee organizations DATE: February 10, 1970 In regards to memorandum 4-18-69, the Huntington Beach Firemen's Association hereby furnish the required information in order to comply with the Meyers=dilias-Brown Act of 1968 as it applys to employee organizations. The Huntington Beach Firemen's Association requests by this letter to be formally accepted as an organization herein after known as a "Formally Recognized Organization," for the purposes of meeting and confering in good faith, as the majority representative of the employees in the Fire Department. The following information and documentation comply to the requests of the City Council Resolution No. 2468 adopted.November 7, 1966. , 1. The name of the.organization shall be: Huntington Beach Firemen's Association, Inc., 708 Lake Street, Huntington Beach, California 92646 2. Other affiliations of the organization A. State - California State Firemen's Association, Inc. 1127 - llth St., Sacramento, California 95814 B. Local - Orange County Firemen's Association, Inc. P.O. box 752, Santa Ana, California 92701 3. Officers President lst Vice Pres. 2nd Vice Pres. Secretary Treasurer Director Director Andrew Vanderlaan Victor Subia Fred Heller James Hunt James Erickson Bill Newton Robert La Marsh 4. The Huntington Beach Firemen's Association, Inc., is comprised of members of the Huntington 'each Fire Department, employees of the City of Huntington Beach. See attached list of members. 5. According to Section II(a) of the organizations Articles of Incorporation, one of the primayy purposes of the Huntington Peach Firemen's Association is the representation of said employees to the city for employee -employer relations. 6. The notification of the following persons by regular mail shall be deemed sufficient notice on the organization for ordinary purposes: 1. Andrew Vanderlaan 620 Hun tin g ton St. Huntington Beach 92646 2. James Hunt 1001 Huntington St. Huntington Beach 92646 3. Robert La Marsh 13391 Jessica Dr. Garden Grove 92640 7. The Huntington Beach Firemen's Association Inc., agrees to abide by the rules and regulations and duly made amendments thereto, whether then into effect or thereafter amended. 8. The Huntington Beach Firemen's Association, Inc., recognises it has no rights pursuant to Section 923 of the State Labor Code. 9. The Huntington Beach Firemen's Association, Inc., has no restrictions on membership based on race, -color, creed, national origin or age. 10. The following personnel shall be deemed authorized representatives of the Huntington Beach Firemen's Association, Inc., in any communications with the City of Huntington Beach or its authorized representative. 1. Andrew Vanderlaan 2. Victor Subia 3. Fred Heller 4. James Hunt 5. James Erickson 6. Bill Newton 7. Robert La Marsh HUNTINGTON BEACH,FIREMENS BENEVOLENT ASSOCIATION ABEGG, Arnold DERIGO, Lewie-P. ABSHIER., Jerry T. DeWITT, Fred R. ACKERMAN, Paul E. DUNCAN, Carl L. ALLEN, James W. ALLEN, R. R. EARLE, William ANDREW, William G. ELLIS, James E. ENYEART, Bruce B. BACKEN, John H. ERICKSON, James A. BAKER, Robert E. EWING, ,Tack W. BARNETT,'.'Tom -':W. BEHREND, Richard E. FILIPEK, Robert J. BERGERON, Ameda J. FOLEY, Lynn W. BIRMINGHAM, Edw. L. BLACKMON, Paul I. GALICH, Jerry J. BOUCHER, Darrell P. GATESMAN, Richard J. BROWN, Michael R. GLENN, Gary A. BURR, Michener C. GONZALES, Armando A. BURTON, Bruce R. GOULE', Noel H. CAMPBELL, Curtis D. HALL, Kenneth D. CATO, Dennis C. HANSEN, Robert W. CONNER., John E. HASKIN, M.iles,L. COOLEY, Orrin M. HELLER, Fred M.. COOPER, William R. HENDR.ICKS, Gary L. CRAIG, Frank M. 'HENNESSEY, Michael P. HERMSTAD, William R. MURDOCK, Marvin L. HERNDON, Wayne D. HOBBS, Donald G. NEVILLE, Raymond. P. HOLDER, Gary K. NEVINS, Michael D. HOLMS, Lawrence.J. NEWTON, Bill HOSMER, Roger K. HUBERT, Howard C. OGDEN, Charles W. HUNT, James W. OGDEN,-Eddie L. HUNTLEY, Thomas E. OTT, Melvyn KANEEN, Michael R. P_ ARK, ' Jahn R. KETTLER, James L. PERRY, William A. POE, James :-R'.' LaBROUSSE, Russell C. POE, Thomas F. LACY, James R. PYLE, Gerald E. LaMARSH,..Robert' J. LAUER., Oakley W. RIEGER, Roderick-.E.' LEE, Carl J. RINI, Stephen D. LOWE, Robert S. ROTHERT, Steven L. ROWLEY, Jerrold I. MARTIN, Donald -L. McMAHON, Philip SAR`.IER, John T. MER.RILL, James W. SAUNDERS,-Franklin.F. MISH, Thomas J. SHUSTA, Don R. MITCHELL.., Raymond SLEEPER, Jan. MOORE, Donald E. SUBIA, Victor D. MOREHEAD, George.B. SWAN, William MULHEIM, Lowell E. TAYLOR, Larry B. TEAGUE,.William L. TEAL, Raymond L. THIERY, Robert L. THOMPSON,.William E. TOMLINSON, M. I. TORRES, Louis L. TOWNSEND, Thomas L. VALOFF, William A. VANDERLAAN, -Andrew VAN DOREN, Kenneth VAN DYKE, John*W. VASILE, Edward VINCENT, James P. WEIDE, Jack D. WELCH, William�G. WRIGHT, John G.. I of HUNMNGT'Oi�' 33EACH FIRE.MEINS' ASSOCIATION A !von -Profit Corvoration ARTICLE I Office The Dri.nciple office of the corgioration in the State of California shall be located in th.e City o-` Z-'antington Beach, County of Orange. The Board of Directors shall have the power and authority to change said principle office from one location to another in said City and County. ARTI CL E II 1kiembers Section 1. CLASSES OF I,Ei"iBERS: The corporation shall have three classes of members. The designation_ of such classes and the o_uali.fications and rights of the members shall - be as follows: (a) Regular members. All active uniformed personnel of the Huntington Beach Fire Department shall be eligible to become regular members. (b) Associate members. Associate members are eligible to participate and shall have all benefits of the association except the right to vote. The follow-infollow-ing members of the Huntington Beach, Fire Department may become r_ssociate members: (1) Retired members of the Huntington Beach Fire Department shall be granted a lifetime associate me7mbershiD. Page One (2) A member in :V:ood standing on a. logal leave of absence is eli--rible for ssociate membership _-�'or the duration of such leave of absence. (3) Depaxuing members of the untinj�ton peach sire Department i ith tee;: (110) o� more years of out- standing service may ba granted associate ate membership by an affirmative vote of a majority of the Board of Directors. Any such member who is refused associate membership may appeal to tree membership of the corporation. A two-ti-ii.rds (2/3) affir:.?ative ' vote of the total membership of this corporation by written ballot or by signed petition shall ,;rant the applicant associate membership. (c) Honorary members. The Board of Directors may designate a person an Honorary member by a majority vote. The membership of the c=q oration may designate a person an Honorary member by a two-thirds . (2/3) affirmative vote of the total membership or by signed petition. The Honorary members shall have no rights under these by-laws tD but may participate in certain functions as requested by the Board of Directors. Section 2. TERMINATIO14 OF The Board of Directors, by affirmative vote of a majority of the members of the board, may suspend or expel a member for cause after an appropriate hearing, and, by a majority vote of those preser_t at any regularly constituted meeting, may terminate the membership of any member who becomes ineligible for membership, or suspend or expel any member who small be in default in the payment of dues for the period fixed in Article VIII of these by-laws. Page Two (a) Resi.l-natiou— Any member may .resign by _P i ; n a - ritten resig-ia 'I s ith the secretary, but such _-- resi gxiation slia.11 not reli ove the member So resigninrr Of the oblif'ation to pay any dues, assessments, Or other charges theretofore accrued and unpaid. (b) Reinstatement. upon written request signed by a former member and filed with. the secretary, the Board of Directors, by the affirmative vote of a majority Of the :Members of the board, may -reinstate • such former member to membership unpon such terms as the Board of Directors may deem appropriate. (c) Transfer. Membership in this corporation is not transferable. ARTICLE III Meetinrzs of Members Section 1 . PLACE OF IVIE ETIITGS: All annual meetings of members entitled to vote shall be held at th.e principle office of the Corporation and all other meetings of members -shall be held either at the principle office or at any other place within or out of the State of California which may be designated either by the Board of Directors pursuant to authority hereinafter granted to said board, or by :written consent of all Members entitled to vote, vireo are present and constitute a quorum, given either before or after the meetings and filed with the Secretarypf the Corporation. Page Three Sec`�1.on 2. JUJ;iVU ;f 1%i-hri! 1v s. An annual mee ti c., of the cz l::c:i'bcrs shall be held at One of the fire houses in the Ci ty of i ulht7_11gtG h Beach or other such place as the Board of Directors may direct on the first week in the month of January beginning in the year 1970, for the purpose of electing directors and for the transaction of such other business as may come before the meeting. if the day fixed for the annual meeting shall be a legal holiday in the State of California, such meeting shall be held on the next succeeding business day. If the election of directors shall not be held on the day designated herein for any annual meeting, or at any adjor-nmer_t thereof, the Board of Directors shall cause the election to be held at a special meeti ng of the members as soon thereafter as conveniently may be arranged. Section 3. REGULAR MEE,MNYGS: A regular meeting shall be held the first two weeks of each lionth of the calendar year. The Secretary shall cause to be printed and placed in each station a notice of the date of each meeting at least ten (10) days prior to the meeting. Section 4. SPECIAL Special meetings of the members for any purpose or purposes what ever may be called at any time by the President, Vice -President, the _15`oara of Directors, or not less than one -tenth (1/10) of the members having voting rights. On receipt of a petitior. of one -Math (1/10) of the members the president s.;rill call a special meeting iTitihin tT°To weeks. Any three directors may also instruct the president to call a special meetif_-. Page Four Secti o7, QUORUM: At least sever_ Noting members must be present to constitute a quorum at a regular meetin;�. _f a quorum is not present at any meeting of members, a �_iajority of the members present may adjoin the meeting from time to time without further notice. Section 6. VOTING: At all meetings of members every regular member shall have the right of one vote. Done but regular nembers shall have --he right to vote. 111 ere directors or officers are to be elected by members or any class or classes of members, such election may be conducted by mail in such _canner as the Board of .Directors shall determine. Section 7. MEE'TING PROCEDURE: The regular meetings of members shall be conducted according to the procedures outlined by the Board of Directors. Such procedures shall be made available to the officer conducting the meeting to enable an orderly and proper routine of transactin business. The officer in charge of the meeting shall have the pourer to maintain discipline and direct the proceedi ngs to insure the rapid and proper disposal of business. The chair shall have the Dower to table a motion for further study until tine next regular meeting. A vote of tiro -thirds (2/3) in the affirmative of the membership present shall - be sufficient to prevent tabling a motion. ARTICLE IV Board of .Directors Section 1. GEEEPLgL POWERS: Subject to the limitations of the Articles of Incorporation, of the By -Laws, and subject to the duties of Directors as prescribed by the Page Five r i - - l corporation pair rs shall e exercised h j, O t' hd __ �e authority of; a-nd L1: bl _n. SS and a_rO ie C )ora1,i011 shall be co_qurol�ed by t2e board of rectors, il�itflouu- preIudice to such general 'D0WC-1rs, but-ubject t0 U.") e same limitatio ns. Tt is hereby e._�reSS'V declared that the Directors shall have, but not necessarily limited to, the followi powers: to conduct, manage, and control the affairs and ouSiness of the Corporation, and to mate , such rules and regulaticns thereof not inco nsi star, t with the la?,T, oTit1 the .-ticles of Incorporation 0r the By-_Ijaws, as they may deem best. Directors shall be members of the Corporation. Section 2. NUIBER 1;.10 QUALTFTCATTO'��S OF DIRECTORS: The authorized number of Directors of the Corporation shall be seven (j) until changed by amendment of the Articles of .Incorporation, or by a By -Law amending this Section2 of Article _� V of these By -Laws. Only regular members shall be eligible to be elected as a Director. It shall take a two-thirds (2/3) vote in the affirmative of the total membership to effect a By -Laws change to Section 2 of --'.-rti cle IV. Section 3. ELECTION AND TER"1 OF OFFICE: Directors shall be elected ar.LnuallIT at each annual meeting of the members for a term 0f one (1) year beginning January 1 Of that year. But if any suc?? annual ,meeting is not held or the Directors are ihot elected thereat, the Directors may be elected at any special meeting of membc rs held for that purpc se. Page SIX _,acn Director shall hold of fi ce, u_J�l the next annu-1 i"uet- inn of members and until e'is successor shall have bee -:,I ualified. In the event that a Director is unable to hold his office for the term elected he shall be re placed by the President of the Corporation subject to approval of the Board of Directors for the unexpired term. Section '+. M-aETT%GS: A regular annual meeting of the Board of Directors shah be held without other notice than this By -Law, immediately after, and at the same place as the annual meeting of members. The Doard of Directors may prGVide by re SO utOn t}1e time and _place, either ,ii tC:i n or ;rithout the State of California, for the holding of additional regular meetin-s of the board i%rit`lout other notice than such resolution. SPECI `'_B ��'EETIIjGS: Special of the meetings Sec :,_on 5. r �" Board of Directors may be called by or at the request of U e President or any three Directors. The pErson or -persons authorized to call special meetings of the board may fi any glace, either within or without the State, as the place for holding any special meeting of the board called by them. Section 6. XOTICE, The r_o rice of any special meeting of the Board of Directors shall be given at least five (5) days previously by ioTritten or oral notice. Any director may waive notice of any meeting. The attendance of a director at any meeting shall constitute a waive of such notice of the meeting, . e xcept where a director attends a meeting for the express purpose of objecting to the trans- action of,any business because a meeting is not laiifully, called or convened. The business to be transacted at tr_e Page Seven meetin,, _need not be iDecified in the notice or •TaiTJer or notice 02 such Tie tin.;, unless cpcCiTiCa 1J required d by 1e,,�T or by these By-LaTFS. ection '7. u0RUI1: A ma jorl ty of the Board of Directors -hall constitute a auorumn for the transaction of business at any meeting of the board; but if less t'rian a majority of the directors are present at such meeting, a rr_ajority of the directors present may adjoin the meeting from time to time without further notice. Section 8. IKTAI�IIE? OF ACHING: The act of a majority of t}ie directors present at a nrieetin.'; at ,,Thich a ouori m is present shall be the act of the Board of Directors, unless the act of a greater number is requires, by law or by these y-La—vTs . Section 9• BUSINESS GEI4D�.. The Board of Directors shall establish the aCe of the regular le:nbership meet— g at the Board of Directors meeting prior to the regular meeting. Igo business shall be brought before the -Membership at a regular meetirb without being submitted to the Board of Directors one week prior to the meeting. ARTIOLE V Officers Section 1. GENER-A-L: The officers of the corporation shall be a President, a First Vice -:resident, a Second Vice- President, a Secretary, a Treasurer, and two Directors. The Chairman may appoint a Sergeantatt Arms for each meeting. Page Eight The Doard of Director: may elect or a -;point such other officers, including one or more assistant secretaries and one or rior e assistant treasurers, at it shall deelii desirable. Such officers to have the authority and perform the duties rescribed, fr0ir: time to time, b;r the Board of Directors. ,,o -oerson shall hold more than one office. Section 2. ELECTIOhT AED TER OF OFFICE: Th.e officers of the corporation shall be elected annually by the hoard of Directors at ahe regular annual meeting of the Board. if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently Tmay be. offices may be created and filled at any meeting of the Board of Directors. Bach officer shall hold office until his successor shall have been duly elected and qualified. Section >. RE, 0V11L: Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever Jr-) its judgement the be-st interests of the Corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officer so removed. Section br. VACANCIES: A vacancy in any office because of death, resignation, removal, disqualification, or other- oTise, may be filled by the Board of Directors for tiz.e unexpired term. Section PFLESIDENT : The President shall be the Lri,hcipal e1_ecutive officer of the Corporation and shall in general supervise and control all of the business and affairs of the Corporation. He shall preside at all meetings of the Page Vine i�iembrer7 and. .� � � 'i C n'- T.. c.�_1, Cf t'ic 3oa?'d O �)ir�CtOr's. He ?La�T �1 .%1, L th =C secretary o f _.ny O t'ClOr proper officer of the corporation aL?t12v'.'iZed by the .i30ard of u1rOCtOrS, any deeds, i10rt-reas ponds, Contracts, or other inst_untents W111.ch the Board Of Directors have au'+".horized to be executed, except in, cases -- �;iiin� and execution t'-ereof shall be expressly delegated by the Board ol' Directors or. by these By-La-rrs or by statute to some other officer or agent- of the corp_ oration; and in general he shall per orr. all duties as may be prescribed by the Board of Directors from time to time. erection 6. FIRST VICE-PRESIDENT: in the absence of the President or in event of his inability or refusal to act, the First Vice-Presid.eizt shall perform the duties of the President, and iThen so actin,-, shall have all the-Oo-uers of and be subject to all the restrictions upon the .)resident. ly Vice -Pre Si dena t shll perform fom such other duties as From time to time may be assiVned to him by the President or by the Board of Directors. Section ?. SECOND VICE -PRE a T n the absence of the President or First Vice-Ilresi dent or in event Of their inability or refusal 'to act, tine Second Vice -President shall perform the duties of the Preside-v t, and :rnerl so actinP, shall have all th.e povTers of and be subject to all the restrictions upon the President. He shall perform such other duties as from timetottirn:e !ay b-e assigned to hi-m by the President or First Vice -President, or 'by t_1e Board J I D! 1 e-_ Vor s. I rave Ten S:ec:t_.on o. ,..,. t�,� ;1__�i !rl �_cre� :h.al. creep t._e minutes of tlie� meet-i-nl Fs ol' ti2e lei bees .:,.i1C t'r:e Board of Directors '1 ome, or '-ore bo a'_C :7 r-,v1 d e i o^ n to a+ our0o se; See tha+ all )10t _CE S are du1;r i.V?n il, t:.CCOi.^d�Y1CG ,1 th file Drovi s` ons o:: these By -La? -Ts or as --equ red by law; be Cus-cdian c1 the Corporate records and of the seal of the corporation c:^d see that the seal of the cornoratio n is affilred to all documents, the execution of which on behalf of the coro- oration under its seal is duly authorized in accordance Tnith the-or-ovisions of these By --Laws; keep a register of file i)ost office address of each member vThich shall be furnished to the secretary by such -member; and Jr gener�..l perform all duties incidental to the office of secretary and such other duties as from time to time may be assig_i d to hip:: by the president or by the Board of Directors. t Section 9. TRE.S!SUR , If _-eauired by the Board of Directors, the Treasurer shall 'give a bond for the faithful disc:_ar e of his duties in such s uil and -ui th such, surety or sureties as the board of .Directors shall determine. _He shall have charge and custody of and be responsible for all fund: and secu rites of the Corporation; receive and give receipts for ironeirs due and payable to the corporation from any source -hatso.ever, and deposit all such moneys in th.e nar:.e of the corporation in such banks, trust companies, or other depositaries as shall be selected in accordance :with the provi sions.of these By -Laws; and in general perform a.11 the duties as from time to -time may be assigned to him by the ?'resident . or by the Board of Directors. Page_eVen Soc"'Lor, 10. S)STS L_,P_ .i_itiD A SISTIAI`'__,` JECFi;' _-.. _�LFr U: v I_ rE'CtU:_r :d by 'thee Board of Directors, the Assistant `treasurers S_1C?l1 i ?rG 'tJ0 Ids i0r. the fo, tf� �.,:_1 C+.i_S hare of -their duties i% such sums and?:Tith Such curet` es as �h2 :hoard of Director shall dct—er?-nine. 'lhe A_ ssistant Treasurers and Assistant Secretaries, in general, shall perform such duui es as shall be assigned to them by the Secretary, Treasurer or by the =aresident or the Board of Directors. Section 11 . B0k,D!1Y,G 11.11 officers of' this .Association shall be bonded, such. bondin'; to be paid for by the association. n TIC E VI Books and _records The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of i is members, Board of Di rectors, and committees havinG any of the authority of uile Board o-f Directors, and shall keep at the registered or principle office a record giving the names and addresses of the members entitled -'to vote. A! boors and records of the corporation may be inspected by any member, or his agent or attorney for any proper purpose at any reasonable time. ARTTCLE VII Contracts. Checks, Deposits, and Funds Section 1. CONTRACTS: The Board of Directors may authorize any cffi Cer or cff-! cers, agent or agents of the corporation, in addition to . th.e officers so authorized. by these By-J1av s, to enter into any contract or execute and deli v2r any instrument in the name of and behalf of the cor;pora.tio n, and such authority may be general or confined to specific instances. Page Twelve 0 132c1._! rn 2 CHECKS. DR'12'T'S Tom. . A f - decks, drafts, Or o 'der s for the payment of .ioney, notes, or other evide.-ices o?: itsi'uJtedness issued in -the name of the corporation, shall be si vned by stick officer yr officers, agent or agerits o; the association such manner as shall from time to time be determined by resolution Of the Board of Directors. In the absence of such determination_ by the Board of Directors, such instruments shall be signed by the treasure_- or an assistant treasurer and countersigned by the president, or a vice—oresident of the association. Section 3. DEPOSITS: All funds of the association shall be deposited from time to time to the credit of the association in such banks, trust companies, or other depositaries as the .hoard of Directors may select. Section L. GIFTS: The Board of Directors may accept on behalf of the corporation any contribution, gift, bequest or devise for the general purposes or for any special purpose of the association. Section 5. DISBURSEME'ETS: The Treasurer is authorized to rfia.Ke payment for cards, flowe-ns, tgys, etc. , ' i n case of hospitalized accident, sickness or deaths of a merfber of the immediate family of a member of this association. Such Durchases are not to exceed ten dollard ("10.00) ner gi :fit UNLESS ^ UTHORIZED by the Executive Committee. Burch.ase of 'th.e abo :Te listed items in the amount of/Or excess of one hundred dollars 0$100.00). At—uo--thirds (2/3) affirmative vote of the votes counted shall constitute passage of the issue or item. The Board of Directors shall decide w1iat is a major issue or item. Pale Thirteen Co -,Orr. j_ - t1, Section 1. G,E1\1E R.A-L, The 'Board of Directors slaall cause to be i-ri tt,�n a. format of the ob jective.s and rules o_. -each of the standing- committees. The —se committees shall be zuided Eby these objectives and rules in their decisions a-nd actions. The Board of Directors may from time to time emend, delete or add to these rules as they deem proper. The President shall have the pol• er to establish guide lines for the special corr,n2ittees to operate from. He may upon occasion forrElulate ne'v or dis'Dense with- old standing committees. irtEPF^iSandinge ..atIypp corrc2ittees. These comn,-ittees shall be responsible to -the 3oard of Directors for their actions or lace of action. Section 2. STAIVDII7!u COTIT` lT1' 1 5; StandinZ, Co_nr_:zttees small have 2, of at least three persons. The President shall appoint the chairman of each committee and the committee chairman shall be responsible for the minutes of the corr_mittee and the proper disposal of business brought before the coim_iittce. Each committee shall keep minutes of each of their meetings and a written report shall be sent to the secretary of the association prior to the regular eetings. 3efore the committee adjorns for the last regular meeting, the corn.22ittee shall cause to be written a record of their accomplishmerits and goals. The following committees shall be no Jn as standing comrriittees: 1. Mays and %jeans 2. Auditing 3. Employee -Employer Relations 4. Yrelf ar6 5. Public Relations and Co-ordinating 6. Klorninating and A,:embership Page Foul -teen ��oc`on 3. SPE"CIAL aot!_INF1TT'`I.EES. upeCi_ai committees s'L"lull �e ilted by the, .resident and operate at his pleasure. ^i1 CGni:.l'i %, U shall '_=eep minuteu Gf each of tsleir :IleetLil­u and a }mitten report shall, be sent to the Secretary of th.e as lociation prior 'to the regular meetings'. `," e CO?it"Ilit tee chairman shall be responsible for th.e conduct and result'-s of the actions of the committee. The chairman shall also cause to be Written a report of the accomplishments e.1-1d goals of the committee prior to the final meeting. T'".e follo,vring, but not limited to, committees shall be knot.-Tn as special committees: 2. Constitution and By -Laws 2. Research Committee 3. Conference 4. Other A RTTCLE l X Waiver of L�Otice. Mienever any notice is required to be given under 'the pro visioi s of the General Non -Profit Coriooratioii* La.'. of California or under 'the provisions of the articles of incorporation or the By-Lav,,s of the association, a Waiver thereof in trriting signed by the person or persons entitled to such notice, vrhether before or after th.e time stated therein, shall be deemed equivalent to the givii n�; of such. not '_ce. ARTICLE X amendments tG B.Y--Lakrs Section i . DIRECTORS: These By -Laws may be altered, amended or repealed and new By -Lays may be adopted by meeting of Page Fifteen .' , ' nc �^ ,�`r ant. ial l P(t! v r, Or a- spCC1_al the � c c � pr, sen l at a� ;u � y �11^'?;, 1 at �. �� il'� Z'Tr:.:i v ,..L i. v U, ?1Ci 7 CetD jr jl cf intcnti:,n to alte,.r, amend o,' reveal or to adopt ne%, Section AP-P RO LL: The By -Laws may also be altered, amended, or --r-epealed and new By -Lass adopted by two -third (2major-I ty in th-e affirmative of the voting membersni p of the assccJ ati.on. The ropo s e d axle ndmerit or new By -Laws shall be pouted on the bulletin board of -ach sta+iors for no less, t!"a71 two weeks prior t0 a Sci'_e__uled Ineetin2; Said notice shall be voted upon. Voting shall be ,mitten ballot and absentee ballots shall be acceptable fro-m those members i7`.10 for good reason caiinot be present. All votes shall be by secret ballot. TN WTTNESS WHEREOF, we have hereunto subscribed our napes, s.��.`l thisday of , 1970. KNOW ALL fE=i By THESE PRE'SEET.- That t3.e undersigned. secretary of the association kno v'?n as, the Huntington Beach Firernenst Benevoleh.-c Association does hereby certify that, the .above and foregoing By -La -Ts were duly adopted by the of said corporation, as the By -Laws of said corporation, on the & day of -6ZaA_ 1970, and that they do _-,o<<T co-_^_stitute t1ae By -La- O f said Co rl".:0 ra t1on. ATTEST : Secretary _ F- r O.g Sixtee1� Entered into this day of 1965 _. between the City of Runtingion each and the Huntington Beach Fire's Benevolent Asseciation. The City of Huntington Beach agrees to allow the Hunting -ton Leach Firemann's Benevolent Association to install private toldphones in .the several fire stations located in the City of Huntington Beach and under the following conditions: 1. That the location of the placement of the telephones shall be agreeable to the Fire Chief... 2. That the type of phone, gall or handset, shall be 4 agrreable to the Fire Chief. 3. That no bell or horn other than the bell in the phone shall be ueed as to conflict with fire alarm bells or hdrns. 4. That the cost of installation shall be borne by the Huntington Beach Fire's �onevolent Association. 5. That the deposit required for installation shall be paid by the Huntington Beach Fires n's Benevolent Association. 6. That all coats, fees or charges shall be pdid by the Huntington Beach Fires Benevolent Association. 7. That use of the telephones bhall be restricted to private use of the firemen. 8. That no business calls for any member of the Fire Department shall be spade or received over the tel6phonos. 9. Huntington Beach Fireman'sr Benevolent Association ahall pad' all costs for moving or relocation of telephomios caused by alterations or moving of a fire atationa. This agreement shall be for an indefinite period and may be terminated by request of either party. �. _,u vrcx President, Fig 's Benevolent Assn. ..... ...... -� ...._ ,•-�,� _ _._ - �_ .__ .--tom.---�: _. .w FIREMEN'S BENEVOLENT ASSOCIATION November 27, 1964 Honorable Mayor, City Council, City Administrator and Chief Higgins Huntington Beach, California Ref: (a) Chief Higgins' Letter - "Salary Survey", submitted to Council Gentlemen: approximately Monday, November 16, 1964 Representatives of the Huntington Beach Firemen's Benevolent Association received a copy of Chief Higgins' letter reference (a) on Thursday, November 19, 1964, and subsequently convened a meeting of the Membership on Saturday, November 21, 1964. We,Firemen of Huntington Beach; with the cognizance of Chief Higgins, respectfully submit the following study in response to Reference (a). We plead the Council to give concerted and serious consideration to the merits of Reference (a) and also the four (4) enclosures hereto attached in this very intimate and important matter of firemen's wages, working conditions and future. We respectfully submit this study, not to presume on the knowledge, problems or authority of the gentlemen of the City Administration, but only as a reminder and an overall reference - frame for decision. We wish to express our appreciation and commend the Council as one of the leaders in California and the leader in Orange County in this legislation. The national trenU—in Munic- ipalities is toward better working conditions and a shorter work week. And specifically, the trend in Industry is toward a thirty- five (35) hour work week. In a quick study, we find that there are at least nine (9) California cities with ordinances varying from 56 to 60 hours per week. In nearly all cases our wages are lower than theirs. Also for your reference the State of Iowa has passed a state-wide 56 hour ordinance for Firemen. According to Union Representative, Mr. N. Tillner of the A.F.of L.-C.I.O. International Association of Fire -Fighters, they expect the 56 hour ordinance to be state-wide in California within five (5) years. Enclosed for your information and consideration, please find a study by the Firemen's Benevolent Association dated May 17, 1963, upon which at least in part, the Council in 1963, passed Honorable Mayor et al - 2 - November 27, 1964 by unanimous vote the fifty-six (56) hour ordinance. Also find our recent study dated November 2, 1964, prepared after the invitation of Chief Higgins, regarding "Salary Increase and Fringe Benefits" and for which we are indebted to Chief Higgins for advice and guidance in its preparation. Also enclosed, find a summary of a recent survey of Los Angeles -basin Fire Departments concerning their physical fitness program, and one (1) only, news- paper clipping from the Los Angeles Times of November 23, 1964 (to the attention of Mayor Shipley). We, the Firemen of Huntington Beach, are grateful for your attention and will sincerely appreciate your consideration and approval in these matters. Concerning the newspaper clipping, we request some type of exercise program in line with the article, which is also justified by the actuarial fact that the heart attack incidence of Firemen is very high. This is not a unique request, inasmuch as many Fire Departments not only recognize and schedule this activity, but also construct the facilities for such activities, all of which is reflected in the enclosed survey. Further, concerning Ref. (a) we request that you gentle- men please consider the multifold problems inherent in this proposed wage and hour reversal which, in light of the immediate growth/manpower problem, falls far s0ort of solution - to say nothing of the imminent and very real growing pains of the near future. Our problem, growth, which has placed Orange County and our City of Huntington Beach in the national limelight does not appear to soon decrease significantly. With this in mind then and by rule -of -thumb, as established by the National Fire Pro- tection Association and the International City Managers Association, our Huntington Beach Fire Department is currently staffed at approx- imately half of the minimum strength. It is held that a complement of one and one half (1 1/2) firemen per one -thousand (1000) city population is normal. Or from :mother approach, each Engine Company (pumper) should have a minimnm of five men on board in a relatively "low value" district and even more in a "high value" district. In contrast to this, ou-_ Department can provide only two firemen to man a $38,O00 Pumper in response to fire emergencies. By either measure, our Fire Department should stand at approximately one hundred (100) strong today, And at the current rate of immigra- tion into this city, we should number approximately one hundred twelve to one hundred fifteen (112-115) people next year; and this says nothing of .the explosive effect on our city_naeds, of freeways soon to be terminating in and passing through our city. In this light, please permit us to offer that to cut the firemen's wages and increase their hours in order to gain but a few additional people when you need fifty (50), is no solution. Honorable Mayor et al - 3 - November 27, 1964 Particularly if in so regressing, a multitude of new problems a e generated; Inherently our incentive, hope and morale will suffer, both in the department and city-wide. Consider the effect on the families of the men affected. A disparity of wages within the city -family will result. As an example and with no intent to minimize their service and importance to the city, please consider that the Lifeguard Department provides a service which essentially benefits the visitors to our city and primarily during the summer season; whereas the Fire Department protects the tax -paying citizens of our city, as well as transients, all through the year. Also wage parity between Police and Fire Departments is not only equitable but traditional. A reversal, such as proposed, will have a deleterious effect on the desirability of our department as a place to work, and on the reputation and county -wide image of our city. It is a matter of -record that a loss in reputation seriously lowered the number of respondents to a city's entrance exams, and then necessarily the caliber of the men employed. In contrast however, of the new men hired into our department, in nearly all cases, these men have absorbed drastic wage cuts, as much as $300 per month, by starting at the bottom of our wage scale. Men of high caliber, with long years of fire fighting experience and trusting in the progressive future of Huntington Beach, have left longevity and promoted positions with comfortable wages, to come to work in our Fire Department. In this -regard, it is noteworthy that the top scores of cur most recent promotional exams for Engineer and speci-=ically the top three (3) men who passed the very recent Battalion Chief examinations were new or relatively new migrants to our department from other cities. Two of these three (3) men had only one week's notice of their eligibility and the opportunity to study and prepare for that difficult test. An ultimate increase in resignations (labor turn -over) could result from the dissension and lowered morale. Particularly since in terms of money -saving, we submit that the men of the Fire Department are now, and have for years, worked in acting capacities - fully responsible for the higher job, specifically due and accorded all the authority and respect of that job but never receiving the wages commensurate with the rank. The Honorable Mayor - 4 - November 27, 1964 In summary, we submit that the system and the future promise of the Huntington Beach Fire Department today is modern and attractive enough to entice talented men; but to sacrifice this, against all precedents, and in turn create dissension, disparity and low morale through legislation which does not solve the manpower/growth problem, seems incongruous. Perhaps our new official 1964 census of over 64,000 population will generate sufficient funds to meet this problem. In any event, we pray that the City Administration can discover other methods of funding. Please be assured that the men of the Huntington Beach Fire Department are now and will always be ready to respond to the needs and best interests of the People and the Administration of Huntington Beach. We will be pleased to meet at your discretion and convenience to discuss all or any part of this report. Sincerely Firemen's Benevolent Association Enclosures: (a) Study in 1963 re:_56 hour work -week (b) Salary increase and fringe benefits study (c) Survey of local physical fitness program (d) Los Angeles Times Clipping of November 23, 1964. SUMMARY SHEET OF THE MAY 17 th 1963 STUDY' I . History illustrating the evolution of this .department from a (2) platoon sys- tem, a (4) platoon and finally to a (3)platoon system and from a (72) hour work weekin 1937 through a (40) hour schedule, then a (68.76) hour week,;a(60) :lour week and in 1963 ---- (56..15) hour week. 2. Demonstrates the problems inherent in the various schedules employed. 3. Describes the disallowance of overtime pay for work required after schedule- ed hours. 4. Illustrates that firemen realize NO SICK LEAVE or VACATIONS under the various schedules except the (56.15) hour schedule. 5 . Declare the firmen to -'be an equal among the city -family. /z all Sri i%✓Q % (� ��� J' ��%�/ ,67 Q ���� November 2, 1964 TO; The Huntington Beach City Council, City Administrator, and Fire Chief. FROM; The Huntington Beach Fireman's Benevolent Association. SUBJECT; Salary Increase and Fringe Benefits, NOTES The following report was prepared in answer to the Fire Chief's request. The report was also sanctioned by the City Administrator. POINT 1. A two step pay increase for all Fire Department personnel., A survey, recently conducted by the Huntington Beach Fire - manes Benevolent Association, showed that Huntington Beach was below the average top pay in all job classifications. The cities surveyed include; Anaheim, Costa Mesa, Fullerton, Newport Beach, Garden Grove, Stanton, Nestminster, La Habra, Buena Park and Fountain Valley. The Association feels that the great increase in population of the City and the under -staffing created -by this growth places an increased work load on Fire Department personnel, The In- creased -ork load plus the fact that the Huntington Beach Fire- man works 1,000 hours more a year than any other City employee should be met with just compensation to those people affected,. The survey, also, showed that the Huntington Beach Fire Department works a shorter average work week, as compared to the work week of the cities surveyed. However, the national trend is to reduce the average work week of Fire Department personnel, The California State Legislature, last year, by a narrow margin, voted down a bill requiring all Municipal Fire Departments to reduce Fire Department work weeks to 56 hours within a ten year period. This bill is expected to pass this year, The above mentioned bill was placed before the State Legislature for several reasons; One, The death and injury rate is higher than any other safety department; Two, The heart attack rate among firemen is higher than any other occupation. The Huntington Beach Fireman's Benevolent Association wishes - to, again, express thanks to the Fire Chief and the City Council for accepting the validity of these reasons and thereby granting a 56 hour work week. The City Council and the Fire Chiefs judge- ment was truly appreciated„ POINT 11. A one step inequity adjustment for Enta gineers, Captains, and Battalion Chiefs. This is in addition to Point 1. The added skill and knowledge required, plus the increased responsibilities and duties of the positions mentioned above should alone justify the above request. However, we feel that the pay differential between the above mentioned job classifications does not present enough stimulus to induce interest and study for advancement. Only through study and interest will the best man . ,,• POINT 11. (Cont.) for promotion be produced. POINT 111. One dollar a month for every Fire Science unit in which an A or B grade is obtained. Up to 20 units. The Fire Chief requires Fire Department personnel to attend Fire Science courses. The only schools available to Firemen must be attended on the Fireman's own time and at the Fireman's own expense. A quote from, "The Municipal Fire Administration" sixth edition states; "A Fire Department is a success or a failure depending upon its training program, as no other one factor has as much ultimate effect on the department operation." Outt%Ide education is an important part of our training program. The Association feels that any stimulus to increase the desire to study will help bring about a more efficient and successful department,, POINT 1V, No man shall work in a position above his established rank without receiving the pay of the higher.position, except for vacation relief or sick leave not to ex- ceed seven 24 hour shifts. The Huntington Beach Fire Department Rules and Regulations, page 11, No, 70 and No. 71 state: "Acting officers shall have the authority and be required to enforce the regulations and orders of the position, and will be charged with knowledge of and be accountable for the proper execution of the duties of such rank." No. 71 states: "Acting officers shall be accorded all the privileges pertaining to the office in which they are acting, and shall be obeyed and respected accordingly." In the past, one of the most important privileges has been overlooked, This privileged Pay compensation for the knowledge and respon- sibilities that the acting officer is held accountable for. POINT V. The Association would appreciate some consideration on the following questions: why is it that some people making promotions are worse off pay wise? Why is it that some employees in ranking positions and with more time on the department make less money than their subordinates? In closing we would like to quote, "The Fire Protection Handbook." "GOOD FIRE PROTECTION COSTS MONEY." Respectfully submitted, Huntington Beach Fireman's Benevolent Association r- FIREMAN'S BENEVOLENT ASSOCIATION Huntington Beach Name: SUMMARY SHEET OF PHYSICAL FITNESS SURVEY City (18) cities responding Does your department have a physical fitnesa program;?. Yes 2 No.7 What type of facilities do you have? Handball -6 Volleyball-12 Basketball-6 Ping Pong 13 Badminton 6 Weights 9 Gym-2 Calisthentics-3.: Ex- plain;Softball -1 Shouffleboard-1 Swimming - 1. Is time set aside during the day for the activities? Yes-9 No-9 Do you feel that this time is spent for the betterment of the department? Yes-16 No-1 Do you feel that this program has improved? and /or maintained the physical conditioning of the men? Yes-17 No-0 Do you feel that it helps build and maintain morale? Yes-16 No-0 Who supervises this program? Station Commmander-8,;Notdirectly supervised-9, Athelic coordinator-l.. Have you had any lost time accidents as a result of this program? Yes-11. No-7 What type of injuries? Ankle-9 Arm, wrist, hand-3,Back and shoulder-2 How many men participate in the program? 25% to 100% Is the capital outlay for the program made by the department?(3),c : by the firemen -7 , Both - 8 Who pays for the maintaining of this equipment? Department 2- Firemen- -11 Both-5 Is the area onToom for these activities included in the plans and building of stations? Yes 13 No-5 Has this program placed an added burden upon the budget of your department? Yes -2 . No-17 Does your department or association sponsor off duty team sports? Yes-16 No-2 What type of teams gowli ng-11, Golf-8, Baseball-11, Basketball-4, Handball-1, Volleyball- 0, Other -Boating and Skiiing. Does your department require off duty physical training? Yes- 0 No.18 What is the approximate cost per man per annum of this program? from approximate- ly 30�- per man to almost nil. Roes your department reccommend and encourage physical fitness and recreation- al programs for the fire service Yes- 17 No. 0. A PHYSICAL FITNESS SURVEY SUMMARY COMMENTS The results of this survey are based on the returns of eighteen departments. The statistics are included in the foregoing pages, while the following will be a re- sume' on the comments included in the returns. While most of the departments stated that they did have a program of some type, those who did'nt, answered that the' programs were not "official programs", but that facilities were available and the men were given time to use them as they wished. The departments were equally divided as to whether or not time was alloted for the use of facilities. Generally the departments who did not allot time official- ly, the men at the stations were free to study or partake in physical exercise after 3:00 P.M. Again the discrepancy was in the term "officially". Participation in the physical activities ranged from 25% to 100%. The 100% participation was generally in departments that had required calisthentics . Injuries as a result of these programs were most generally to the extremities, fingers, hands, wrist, feet, and ankles. A few injuries to the shoulders and arms were reported. One back injury was reported to have resulted in a disability retirement. Capital outlay for the programs were generally made by the firemen, or equally divided by the department and the firemen. Three departments cover- ed all expenses. Maintaining of the equipment was generally done by the firemen. Two depart- ments covered all the cost, while five departments joined with the firemen on costs, some setting a flat rate per year to accepting half the cost. The approximate cost per year per man was answered by departments who help- ed defray the expenses. The answers ranged from approximately thirty cents per man to practically nil. The area for these activities is generally included in the plans for the stations, such as handball courts and weight rooms, to specifically designated areas to set up outdoor facilities. Others make use of parking areas or drill grounds, whichever is available. The extra cost of some departments is generally not considered to be a burden on the department or City Budget because the cost is so minor. Two depart- ments stated that the extra cost that was burdensome was because of sick time as a result of injuries. -1- Others stated that the extra cost was such only originally because :of the added cost of construction. As far as off duty activities were concerned only two departments did not sponsor off duty sports or recreation. All others were very active, espec- ially in bowling, golf, and baseball or football. All departments but one, heartedly reccommended physical fitness and re- creational programs for. the fire departments . Because of the fact that most department heads believe that it maintains and improves morale and mental quickness of the men individually. -2- Firemen's Benevolent Association Huntington Beach, California November 4, 1963 Honorable Mayor & City Council City Hall Huntington Beach, California Gentlemen, The members of the Firemen's Benevolent Association of Huntington Beach in conjunction with the members of the Volunteer Firemen's Club of Huntington Beach are again going to hold their Annual Christmas dinner party for their families. This year we are planning to use the Memorial Hall on the 16th of December for this event. As Secretary of the Firemen's Benevolent Association,I hereby request that you waive the normal fee charged for the use of the hall and kitchen. I would appreciate any consider- ation given this request. �9 1. �tif �i pp P Sincerely, �er K. Hosmer ecretary J r,. Firemen's Benevolent Association Huntington Beach, California March 6, 1963 Honorable Mayor & City Council City Hall Huntington Beach, California Gentlemen, This letter is to inform you that the paid members of the Huntington Beach Fire Department have organized the Firemen's Benevolent Association according to your wishes. On December 3, 1962 we held our first formal meeting and elected a Board of Officers consisting of a President, First Vice President, Second Vice President, Secretary, Treasurer, and two Directors. .On February 4, 1963 the by-laws were ratified and adopted by the general membership. We have thirty members in the Association which represents 100% membership of those elgible to partake. Our main objective is for better relationship between the City Council and our Association. Copy to: City Councilmen City Administrator City Attorney City Fire Chief Sincerely, IiA i Frank F. Gr over President 9aa Firemenfe Benevolent Association Huntington Beach, California may 17r 1963 Honorable Mayor and City Council .pity -Hall Huntington Beach, California Gentlemeno No the Firemen of Huntington Beach, would like to take thia opportunity to acquaint the City Council with a condition that exist@ in the 01ty Piro Departz@nt® In order to do thlav we must go Into the hiatory and present condition that brought this about, SAUGROUND 1. On or about September of 1937o the state of California yaBood a law of 72 hours Per week, vbioh the City adopted. The 72 hour lav,wao based on two platoons working apposite mach other every other day throughout the year® One man would work the threo Work days of 72 hours a week* Firemen worked two 3.2 hour shifty together making one platoon of 24 hour, each. A relief man wao hireld so a full nalarlod fireman and to relieve the-otherfour firemen one at a time, ae they were absent or on accumulated overtime® In each two week period eaven 24 hour days were worked, wh1ah accumu. lated one day overtime. This Wag repeated the noxt two weeks making tito daya ovartlmeo which were taken off togMer® 2® ApproXimately the year of 19486 the City paeoed the 40 Hour' Ordinenoe, that all City. employees were required to work® The City Council stated, - -"That they considered the Firemen lju�11 as goo& as othm _employees And. very entitled to the same working conditione® The schedules for Firemen were set up on four shift@ of eight hours each with one shift off and three shifts i4orking. It took 28 days for this schedule to completely rotate. It out the man power In half and weakened the Department. the schedule did not prove to be for the best'intereat of the City or the Depart - sent, co It was discontinued after 28 days. 3. Fire chief Gnrgent explained the above condition to the City Council with a reoommendation to return to the two platoon system.. Upon their'approoval the Fire Department returned to a 68.76 hour per week while the City Ordinance remained 40 hours per.week. 'All Firemen were actually donating 29-76 houre per wsaka 1438 hours per year and 1292 hours after taking Vacation. the Firemen were pleasod with working conditions and had not thought of even asking the City for any accumulated hour@ given beyond their required 40 hour, a week. '. % on or about May. of 1956, Chief 'Riggina placed, the Department on 'a:three platoon system.: This system is.more bons 'icial to the Da- partment, as off shaft men were always relieved by men of.the same rank. With three shifts revolving, each shift must average 56-15 hours per wopk on an annual. basis to oover the lapse time of 2920 hours. the Firemen worked this three platoon system while the City work Ordinance remained at 40 hogs with the Firemen donating 16 hours per weeks 920 hours per year or 776 hours 'after vacation. :On or:,.about. June,a.2s :1956 j �,:The City C.ounall paosad.-: ths.- 0 Hour :Vgft,,. Veek, `.®rdinanoe', for - Firemen, while :'the Firem®n, atilt remained . my.stem. - .-The, Ordinanc.9,ahoul d havo;...belen; 56-.*15;: ®ura -Pot, tho ::fo:lilo�ing :yeas®n�.- By. ,vqr-fling threa.:24 hoax' shif�� of_- ona- eaoh::.third "y :for 365 g.ys.: •aMyear, lt- • adda - yap . to 566,15 .hours per:.;.week per man. I this leaves Tour hours a week or 200 hour, per y0ar .�ha,:-cannot be:- .rked bn regular. 1 . 60 PlremenO s hours as they are worked on regular schedule are a@ follows: 365 daye of the year multiplied by 24 hours per day equals 8,76o. houre per year. There are three 24 dour platoons revolving throughout the year. By dividing tho hours in a year by three, .the hours of ohs platoon 3® established. 8..3760 divided by three equala 2920 per year for one platoon. By'di®iding this figura by 52 woeks the hour® per week Is astabliohed4 2;920 divided by 52 equalts 56-15 hours Por week. 7® The 60 Hour Ordinanoo le as follows: 60 hours times 52 weeks equale 3,120 hours. The hours required worked are 3,1200,he hourp, worked on regular shift are 2,920. Thia leave ► a baeklog of 200 hours each Fireman 9%11 , owes theCitym', �o The 01ty Ordinance allow@ all omploysee 12 working days off with pay for VaoStion Umot and one day per month for slok leave. The City Ordinance alao allows overtlme pay for all.omployeaa oalled back in ezoase of regular hours 9. The G1.0 has two:., Work, ®rdinanoe a v ('l) Maloh �Ae 60 hour@ per. week for Firemen. (2). 40 hours per W0ek for' all other Gity Employ®On. 100 The basic differanoo betwoon 195 -1963 10 ac ?OIIOWG: From 1958 to 1962 the Firemen's work cohadulm on a three platoon SySta® was-56m15 houre per week. The Firemen were allowed overtime after thelr. regular ®hoedulad hour.. `rho Firemen '.for an o=Mplea when caned back to cMty on. an alara. or emergency were Bald at'an overtime rate.. From 1962 to 1963 the procedure is just to the contrary. The Fireman -work the same schedule and. Ordinance a6o above, beat, the differenoo bete @n 56.1.5 houpe per uaek and a total of 200 hoearg per year arenow used eau backlog. hours.. For an a ple9 if a Fireman anpwera an alarm other than .hla regular eahedialed work hours,, the. time . would be subtracted from h10 backlog of hours*, .4 Gy 1) When the Firemen works vacation relief, that time of 144 hours or more is also subtracted from the 200 backlog hours. When the Firemen works sick leiveo that is handled in the same manner, If he still owes backlog time at the end of the year it is carried over into the next Year and he will owe that plus 200 hours for the coming year. The Firemen works vaoation relief now to make up the time he took off for his own vacation. CONCLUSION and feel that they have given .the tax payers all the coverage they could under the existing conditione of our expanding City. 12. As atated above, in the second paragraph of the back ground of the Department, you will pleaee note that In quotations.the.City Council etated, OThs.t they considered the+ Firemen a uall as good .as other City employees and were entitled to the same wofking oonditions.0 We feel thdt the City Counoile when they ®ad® this statement In 19-Us were siancere .and meant just. that. We also feel that the present City Council feels the same way. We realize that this is the first.time,this problem has been brought to.the Council. 13, .'. The-FIremsn of .Huntington .Boaah strongly urge the City .Council to fiend the existing 60 Hour Mork .:Ordinan s to 56015 houlrb per wook for the . following : reasons e $ l� Thlw,vould. give the .Firemen vacation time off with pay. (2), M would' give the . Flrem®n equal opportunities- with o0ertime . pay. in an ezoe®® of their regular hours. The City. Fireman would like to go on record by Gaying that this is not a demand, but 1s a condition.in which we are not getting our full. benefits. We feel that thin condition should only be brought to your attention. 14. We have been in the past and will be in the future, ready and willing to do any antra duty we are'required to do® The Firemenve Benovolent Association stand ready to meet with any governing body, appointed or organized by the City Counoilt to wort out any changes of working oonditiono to the bast Interests of the City and the Fireman. The membere of the Firemeno m ftnevolant AS-sociation Vill 61noarely approoiate your coneldoratlon in this matter. `sank you® Firemen a s Benevolent &9soclation OENERAL MEMBERSHIP MEETIJUG OF THE FIREMEN e 3 BENLVOLENT ASSOCIATION MINUTES OF MEETING HELD oN MAx 69) 1963. The meeting was called to order by' President Prank Groov@r at 6:30 P.M. with 24.®ember® present. The minutes of the,prevloua meeting were read and approved. rite minutes of the previous board meeting. were also read. There were no-oommunloations There were no committee reports. There were no bills to be presentedo under unfinished business the report on the 56.15 Hour work Week sahedulo the Association has compiled and, was first presented to the general memberehlp on Maroh ,4, 1963 and at tMt time W--%@ ulm-. f animously aooepted by all.members of the Association was read to the 0eneral membership and discueeed, Wage & motion by A. Moll.i4a and a m000nd by K. Murdock It was ',voted unanimomoly to aaoept thib report and to .present It to Chief D. G. Higglgis,, the City Council, and the City Administrator for their approval, The Preamble to the BygLave of the As000iation was read and approveld for adoption ®s was the supplement sheet on laws pretain- ing to fires and flrewen,� Frosident F.,. Groover spoke on the pay phone at Doyle & Shleldo Station. He alao spoke on the @plitting of money with the Headquarter@ volunteers. F. DeWitt suggeatod we -have a limt of. our committee heads::`: - posted In the Station for ��®r�one�.uon®enien�e. President F. Groover stated. ChIdr Higgins Informed him that both he and Asset Chlef W. Odin wouid'be westing with our As000_ Istion to 'disoues advanaementa and Magee In the future. F. DeWitt_ moved -with a 0800nC, by M. Nevin@ for adjournment. Notion carried. Appr®`�®da '� ���� �ub�ittd•. A16Wi4P-s P94 t.<Ale 7'o/,cd �¢ D S6 .Af , 6® Filze n7��' lVur►,baR. ��z l��� 4. 2S 2 5� 300 a° 3 1 ® -ers- -7 .3• ogZ- l 7.s" �✓ ems' ®ups W PE/e k MCA,( ,�, --*rO _ Prj Al �6 ���q42 �� �G 2• Y3 0 2, 492SS / l , Zr - / �o J 71 000 0 0'�,- � a 2.9� � ®��s Z© 045_ / 7'17- _ 1 oo 16 ZS— 2 3 zO 2 2 ®oao 3. 0 1 s /0000 oo PFL ' 13's-s"O ,.6" 7 week Oast ;Per&ye4e, )Prs P,ra, 7, no Pea ?naN 333 2 9.7-s" °- I I a� Honorable Mayor and City Hall, City of Huntington aentlemeno Firement s Benevolent Assoclati.,n Huntington Beach, California May 27,v 1963 city Council Beach, California The following is City Ordinance No, 6929 Section 1451y which contains the present Work Ordinance for Firemen. oRDiNANCE No,;, 692. $3 0 1451: Forty hour week emergenoies. All employees who are paid on a monthly basis, ezoept part -.time employees and uniformed employees of the Fire Department are required to be on duty forty hours each week ezeept in oases of emergency that may be defined by the Council. The working schedule for Fire Department personnel who are required to work on a 24 hour -shift shall be a three platoon system with an annual average of 60 hours per week. We, the Firemen of the City of Huntington -Beach, do hereby request that the City Council amend the present Work Ordinance for Firemen to read as follow -at oRDiNANCB No. 642., -section VP 571 Forty hour week emergencies. All employees who are paid on a monthly basis, exospt.part—time employees and uniformed employees of the Fire Department are required to be on duty forty hours each weak swept Is oases of emergency that may be defined by the Council. The working schedule for Fire Department personnel who are required to work on a 24 hour shift shall be a three platoon system with an annual average of 56 hours per week. You will please note that the only change requested is to strike out the numerals 60 and substitute the numerals 56 in their place. Sinoerely, Firements Benevolent Association T �o S6 60 /tee COS—/ 70 0 AJ Ice /An 4' AV vnCor... -rof4 L coo 25, 300 G ems' S�- j ja� � 11 ®U �� ..,,�� VgCo4/�OR/ ®-tp L i�� o yc#a / -D,�ClLr Nr 14. � pl,J/,-1 -AA L. 7,9 ;00 2,,90,06- 7Y% 16 Zx 2 3 ZOO 2.2 00 60 a �% ems' 3. ®Aa?s~ Y ;zs— MOO 00 I W-1 Araye42 Pee nN Ara )-n v Pe,a BAN I . 1 1 333 °° 4 66 °° 1 2 7.7-� I