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HomeMy WebLinkAbout24682RESOLUTION No. 24682 A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING MODIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE PALM SPRINGS FIREFIGHTERS ASSOCIATION. WHEREAS, the City of Palm Springs is a public agency located in the County of Riverside, State of California; and WHEREAS, the current Memorandum of Understanding (MOU) between the City and the Palm Springs Firefighters Association contain provisions dealing with Fire Captain Assignments; and WHEREAS, it is the desire of the City and the Association to modify the provisions on Fire Captain Assignments in the Memorandum of Understanding; and WHEREAS, therefore the City and the Association desire to modify the MOU to modify the provision dealing with Fire Captain Assignments. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The true and correct recitals above are incorporated by this reference herein as the factual basis for this resolution. SECTION 2. Article 7.1 and Article 7.1.1 of the Palm Springs Firefighters Association MOU dealing with Fire Captain Assignments for employees in the bargaining unit is hereby modified by way of Side Letter to read as follows: 7.1 Administrative Captain Assignment Pay Employees at the rank of Fire Captain who are assigned as an Administrative Captain shall receive assignment pay at the rate of 7%. The parties agree that to the extent permitted by law, Administrative Captain Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Special Assignment Pay. 7.1.1 Assignment to Administrative Captain The parties agree that Administrative Captain is an assignment in the classification of Fire Captain subject to the following: Resolution No. 24682 Page 2 A. Employees in the assignment work 40 hours per calendar week and receive overtime compensation per this MOU for hours worked in excess of their regular scheduled hours in the calendar week. B. Employees in the assignment are still subject to the 24 day FLSA work period pursuant to the Section 7(k) partial overtime exemption provided for in Article 8. C. The Administrative Captain may work overtime shifts in suppression (full or partial as needed) as long as the overtime does not interfere with the Administrative Captain's regular assigned duties, special assigned overtime duties or shifts. Pay for work on such shifts is at the 56-hour rate for the classification at which the employee works. D. Employees at the rank of Fire Captain shall be selected for the assignment of Administrative Captain following the provision of interest cards to the Deputy Chief. If no one is selected based on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Chief may assign an employee to the assignment. If that occurs the non -probationary Fire Captain with the least seniority will be selected for the assignment. E. Employees who enter the assignment of Administrative Captain (either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other Fire Captain has expressed interest in the assignment, and if the incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the assignment until another Fire Captain expresses interest in the assignment and is selected. However, if, after serving in the assignment for two years, the employee no longer wants to remain in the assignment, there will be a new selection process and another employee will be selected using the selection process described above paragraph D. F. Any Fire Captain in the assignment of Administrative Captain is not precluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion. SECTION 3. Authorize the City Manager to execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney. Resolution No. 24682 Page 3 ADOPTED THIS 4T" DAY OF DECEMBER 2019 David H. Ready, City Man er ATTEST: nthony J. MPia, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24682 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on this 4th day of December 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tern Kors, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this I day of Vete moe-v, , ZZ0 t -1 nthony J. Peji MM City Clerk