HomeMy WebLinkAbout11/1/2006 - STAFF REPORTS - 2.L.I
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
AND THE PALM SPRINGS FIRE SAFETY UNIT
(JULY 1, 2006 — JUNE 30, 2009)
This Memorandum of Understanding is entered into with reference to the
following facts:
I. Pursuant to the provisions of the Meyer-Milias-Brown Act., Government Code
Section 3500, et. seq., the City of Palm Springs (hereinafter referred to as the "City")
continues to recognize the Palm Springs Fire Safety Association (hereinafter referred to
as the "Association") as the exclusive recognized employee organization for the
employee unit of representation known as the Fire Safety Unit (hereinafter referred to
as the "Unit"), which is comprised of the positions of Fire Fighter and Fire Engineer in
accordance with Resolution 16438 (hereinafter the City's "Employer -Employee
Relations Resolution"), as amended on November 1, 2006, by Resolution.
II. The Association and the Municipal Employee Relations Representative
(hereinafter referred to as the "MERR") have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees represented by
the Association in the aforesaid group and have reached agreements which are set
forth in this Memorandum of Understanding (hereinafter referred to as the "MOU").
The ASSOCIATION and the MERR agree as follows:
A. This MOU constitutes a joint recommendation by the Association and the MERR,
to be submitted to the City Council of the City of Palm Springs for its
determination and approval by one or more resolutions, as the City Council may
deem fit and proper.
B. Upon Council approval, this MOU shall be for the period commencing July 1,
2006, and terminating midnight, June 30, 2009, provided, however that specific
sections of this MOU shall have later effective dates as specified herein.
1. PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRIBUTIONS
The City shall pay each Unit employee's contribution to the California Public
Employees' Retirement System (hereinafter referred to as "CalPERS").Said
payment made by the City shall be for the employee's contributions, not to
exceed nine percent (9%). Such payments are made in accordance with the
provisions of the Internal Revenue Code, Section 414 (h) (2), and pursuant to
California Government Code Section 20615.
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The City will continue to contract with CaIPERS for the Improved 1959 Level
4 Survivors Benefit at no additional cost to the Unit employee.
The City will continue to contract with CaIPERS for the 3% @ 50 Safety
formula for Unit employees.
City agrees to meet and confer with the Association over the CaIPERS DROP
Program, should it become available.
2, MEDICAL, DENTAL, VISION AND LIFE INSURANCE
2.1
The City agrees to contribute up to the following amounts toward medical,
hospitalization and prescription drug coverage, through such program(s) as
shall be designated by the Association and approved by the City Council. In
addition, the City agrees to provide EAP and Vision Care for employee and
family, and ($50,000) Term Life Insurance coverage at no cost to the
employee.
The City's maximum contribution to health insurance premiums for all
currently active Unit employees, effective August 1, 2006, are as follows:
Single Party $573.85
Two -Party $1101.45
Family $1167.18
2.1.1 Retiree Health Coveraoe
All employees hired prior to the ratification of this agreement or who have already
received a written offer of employment: City's maximum contribution will be 75% of
insurance premium for retirees' coverage upon completion of 20 years of City
service, and 100% payment for retirees' coverage upon completion of 25 years of
City service.
Retired employees who have not completed 20 years of City service shall be entitled to
participate at his/her own cost in the Association's medical, hospitalization and
prescription drug coverage plan.
For all new employees hired after ratification of this agreement, there will be no City
contribution for retiree health benefits. The City will, however, make a $100.00 per
month contribution to an employee Retiree Health Savings Plan and the associated
fixed dollar cost of administration.
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Effective August 1, 2006, the City's maximum contribution for dental
insurance shall be as follows:
Single Party $32.54
Two -Party $43.99
Family $62.74
2.3
In the event that the premium charges for the health or dental program exceed the
City's maximum rate of contribution (as described in 2.1 and 2.2) by ten (10%)
percent annually at any time during the term of this MOU, the amount of the excess
shall be paid by the employee through a payroll deduction.
2.4
Unit employees shall remain in the Association plan and shall not be eligible for any
other City insurance plan for the duration of this M0U.
2.5 Domestic Partner Coveraoe
The City shall maintain Domestic Partner Coverage in the current health, dental and
vision plans, in accordance with City of Palm Springs Ordinance No. 1578. In
addition to the requirements of Ordinance 1578, enrollees must provide a copy of
the Declaration of Domestic Partnership, Statement of Financial Liability for
Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically
Dependent Children to the City. The City shall use the same enrollment policies for
domestic partnerships as are currently used for traditional marriages.
KIKSITMANIMN
3.1
Personnel Rule 5.10.4, Fire Safetv Unit Overtime Rate, shall continue to read:
"Fire Safety Unit shift employees shall be compensated for overtime worked at a
rate of fifty percent above the employee's regular hourly rate of pay for the work
performed in excess of two hundred four (204) hours per twenty-seven (27) day
work period."
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All compensated time off shall continue to be counted as time worked for purposes
of computing overtime.
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3.3
The Fire Department will continue to use TeleStaffTM, an automated staff
scheduling software system to administer overtime as specified in Article 4 of the
Administrative Procedure, whenever more than twelve (12) overtime hours are
available. The Association shall be represented on the Fire Department
"TeleStaffT" Software Committee" to assist in the design, implementation, and
resolution of issues related to the program's use.
Fire Department Administrative Procedure Article 4, Section 5.2.3 shall continue to
provide that Unit employees who are offered an overtime assignment less than 24
hours before the employee is to report for duty may decline that overtime
assignment without losing his/her position on the overtime assignment list.
3.5
Personnel Rule 5.11.3 is hereby amended such that Unit employees assigned to
shift duty shall not accumulate compensatory time in excess of ten (10) shifts (two
hundred forty (240) hours).
4. EMERGENCY CALLBACK PAY
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Unit employees will receive a minimum of four (4) hours callback pay per incident.
4.2
Personnel Rule 5.12.4, Emeraencv Callback Pav for the Fire Safety EmDlovees,
shall continue to read:
"When Fire Safety Unit employees are retained or called out and work as a result
of emergencies, such time spent on emergencies shall be compensated at a rate
of fifty percent (50%) above the employee's regular hourly rate of pay. Such
emergency callback or retention time shall not be eligible for additional premium
compensation as provided in Rule 5.10, Subsection 4. 'Emergencies' shall be
defined as engaging or combating fires, floods, accidents, or involvement in other
disaster operations, but shall not include coverage for minimum staffing or
regularly scheduled or prescheduled, non -emergency work or duty time."
4.3
Any pre-existing residency restrictions remain abolished. Unit employees
responding to emergency callback shall be compensated for their travel time up to
a maximum of one (1) hour.
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Unit employees will not be required to perform bomb searches. Upon receipt of a
bomb threat, Unit employees shall be asked to stand by should a rescue or
suppression become necessary.
6. CERTIFICATION
6.1
As a condition to participation in an examination for promotion to Fire Engineer, an
employee must continue to be certified on an aerial unit, a triple combination pumper
and an ARFF unit prior to the examination application closing date.
6.2
All Fire Engineers must continue to be certified on all apparatus before the end of
their probationary period.
7. NON-SMOKING REQUIREMENT
All Unit employees hired after July 1, 1990 shall, as a condition of employment, be
nonsmokers and must remain nonsmokers throughout the term of their employment.
& PERFORMANCE STANDARDS
The parties have agreed that the Department may implement a Performance
Standard program in the form attached hereto as Exhibit A.
9. EMERGENCY CALL-BACK AND CONTRACT OVERTIME
Emergency callback time and contract overtime shall be paid rather than accrued
as compensatory time off.
10. ACTING PAY
Effective July 1, 1990, Unit employees who are required to work in higher
classification for a period in excess of two (2) hours in any workday shall continue
to receive acting pay as follows:
If the employee works two through twelve hours, the employee shall receive an
additional six -tenths (6) an hour pay at the employee's regular hourly rate of pay.
10.2
If the employee works more than twelve and up to twenty-four hours, the employee
shall receive 1.2 hours of pay at the employee's regular hourly rate of pay.
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Effective January 1, 1990, the only Firefighters selected to work out of classification
as Engineers and receive acting pay will continue to be those Firefighters who have
successfully passed the examination for promotion to the position of Engineer.
Said Firefighters are required to act as Engineers when called upon to do so. The
Engineer exam shall be given as needed in order to establish an eligibility list.
Those on the eligibility list will provide the pool of Certified Engineers from which
the Department will select acting Engineers. If, in the opinion of the Fire Chief, the
number of names on the list falls below the number of anticipated openings, the
Chief may retest and supplement the list with the names of any additional persons
who pass the test.
10.4
If there is not a measurable balance of persons on the Engineer eligibility list on the
various shifts, the Chief or his designee may require persons on the eligibility list to
change shifts in order to obtain a measurable balance. In selecting individuals for
such changes in shifts, the Department will first seek volunteers and, if an
insufficient number of volunteers are available, shall then determine the persons
whose shifts shall be changed based upon reverse order of seniority.
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11.1 Accrual and Vestina
Unit employees hired on or after July 1, 1983, shall accrue annual leave annually
on the anniversary of the individual's most recent hire date, with the first accrual
being made after one (1) year of continuous service. There shall be no monthly
prorating. After one (1) year of continuous service, said accrual shall be made
monthly in accordance with the appropriate annual leave accrual schedule.
11.2 Accrual Rates for 56-hour workweek shift Unit Emolovees
Unit employees assigned a fifty-six (56) hour shift workweek shall accrue annual
leave at the following rates:
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COMPLETION OF CONTINUOUS
YEARS OF SERVICE
St th
1 through 5
th th
6 through 10
th
11 through 15
th
16 and after
SHIFT HOURS ACCRUED FOR
EACH FULL MONTH
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11.3 Accrual Rates for 40-hour workweek Unit EmDlovees
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Unit employees assigned a forty (40) hour workweek shall accrue annual leave at
the following rates:
COMPLETION OF CONTINUOUS
YEARS OF SERVICE
Si th
1 through 5
6th through 10th
th th
11 through 15
16th and after
11.4 Annual Leave Maximum
HOURS ACCRUED FOR EACH FULL
MONTH WORKED
8.57
11.43
14.29
1 15.71
Unit employees assigned a fifty-six (56) hour shift workweek shall not accrue
annual leave hours beyond the maximum of four hundred fifty-six (456) hours.
Unit employees assigned to a forty (40) hour workweek shall not accrue annual
leave hours beyond the maximum of three hundred twenty-five and seventy-one
hundredths (325.71) hours.
11.5 Annual Leave Cash -In
Unit employees shall have the option of converting accrued and vested annual
leave into cash, without limitation. Cash -ins of annual leave shall be permitted
twice a year on the last pay day of July, and the first pay day of December.
11.6 Annual Leave While on Occupational Iniury Leave or Sick Leave
Unit employees who are on an occupational injury leave or sick leave and reach
the maximum annual leave accrual may request a temporary lifting of the
maximum four hundred fifty-six (456) hours accrual by giving written notice to the
Chief. In such cases, the employee shall be permitted to continue to accrue
annual leave over four hundred fifty-six (456) hours from the time such notice is
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given until the next regular annual leave cash out date. On said next regular
annual leave cash out date, the employee must cash out at least all annual leave
in excess of four hundred fifty-six (456) hours or the employee will lose such
excess hours. The employee will not be entitled to accrue annual leave in excess
of four hundred fifty-six (456) hours on and after the date of said next regular
annual leave cash out date. Employees on occupational injury leave or sick leave
may cash out their annual leave pursuant to provision 11.5 hereof. This
paragraph shall apply on a per injury basis.
11.7 Annual Leave Usaae
The practice of allowing two Unit employees and one management employee per
shift to be on scheduled vacation simultaneously is to be continued, but in the
event no management employee schedules a given day for vacation, another Unit
employee will be allowed to schedule that day off provided that no more than
three shift employees are off.
11.7.1
Unit employees shall be allowed to request single, unscheduled vacation days
throughout the year provided no more than three shift employees are scheduled
off that shift.
11.8
Requests to use more than 12 hours of compensatory time must be made 48
hours in advance.
11.9 Fire Safetv Unit Sick Leave Provisions
11.9.1 Accrual Rates for Those Assianed Shift Dutv
Unit employees assigned to shift duty shall accrue sick leave at the rate on one-
half (1/2) shift for each full month of service, to be earned and reported in shift
hours.
11.9.2 Accrual Rates for Those Assianed a 40-Hour Workweek
Unit employees assigned to a forty (40) hour workweek shall accrue sick leave at
the rate of 8.57 hours for each full month of service.
11.9.3 Eliaible to Use
Unit employees are eligible to use accrued sick leave upon completion of six (6)
continuous months of service with the City.
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11.9.4 Sick Leave Pavout
As of December 1, 2006, shift employees who accumulated during the preceding
twelve (12) month period, at least ninety-six (96) shift hours of unused paid sick
leave and employees assigned to a forty hour workweek who have accumulated
during the same period at least 68.57 hours of unused paid sick leave shall be
compensated by a cash payment during the first full pay period in December in an
amount equal to the employee's straight time hourly rate of pay for one-fourth
(1/4) of those unused accumulated sick leave hours. The remaining three -fourths
(3/4) of those unused accumulated sick leave hours shall remain credited to the
employee's paid sick leave account.
11.9.5 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or seven hundred and
twenty (720) hours. After the sick leave accrual in December of any year,
employees who have accumulated more than 720 hours during the preceding
twelve (12) month period, unused sick leave above 720 hours shall be compensated
by a cash payment in the last pay date of the calendar tax year, in an amount equal
to the employee's straight time hourly rate of pay for those unused accumulated sick
leave hours.
Commencing January 1, 2007, PSFSU members with accrued unused sick leave in
excess of the new 720 hour annual sick leave accrual cap will have all hours in
excess of 720 placed into a special excess sick leave bank that will exist for three
years. During the three years employees can draw against or cash out on a semi-
annual basis as set forth below from this special excess sick leave bank until all
hours are exhausted.
If the special excess sick leave bank is not exhausted by the end of three years,
then the City will cash out and eliminate the special leave bank effective December
30. 2009.
11.10 Disposition of Accrued & Vested Leave Uoon Termination
Upon termination all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
11.10.2
Unit employees shall be paid for all accrued, vested and unused sick leave upon
a public safety service or disability retirement.
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12. DRUG TESTING
All new hires for positions in the Fire Safety Unit shall undergo drug testing as a
final condition of emolovment.
13. FORTY- HOUR CONVERSION
Where appropriate, the benefits accorded Unit employees in this MOU shall be
converted to accommodate those employees who work an average of forty (40)
hours per week (shift hours/1.4 = 40 hour conversion).
14. BASE SALARIES
14.1
07-02-06 Nine and one half percent (9.5%) median adjustment to the
classification of Fire Fighter; and
Eight (8.0%) median adjustment to the classification of Fire
Engineer.
07-01-07 Nine and one half percent (9.5%) median adjustment to the
classification of Fire Fighter; and
Eight (8.0%) median adjustment to the classification of Fire
Engineer.
06-29-08 Median adjustment to the classifications of Fire Fighter and Fire Engineer
will be established on benchmark survey data for each rank. The survey
data will be based on the benchmark agencies (Brea, Burbank, Carlsbad,
Cathedral City, Corona, Downey, Escondido, La Mesa, Montebello,
Ontario, Redlands, Riverside and Upland) in effect as of July 1, 2006.
These are the 13 benchmark cities agreed upon in Andersen Study. The
City and the Association will conduct a salary survey of said cities by
March 28, 2008. For the purposes of this salary survey, the City and the
Association shall use the top step base salaries of the comparison
agencies that are or will be in effect as of July 1, 2008. The City and
Association agree to meet and confer over the results of the survey. The
results must be agreed to by both parties prior to implementation of salary
increase based on the median salary of the agencies described above.
142 Bilinaual Pav
The City agrees to compensate Unit employees who are bilingual in Spanish an
additional five (5%) percent, but limited to four (4) persons/shift. The City shall
establish testing procedures.
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14.3 Trainino Officer Pav
Fire Safety Unit employees who have specialized training which qualify them to
teach other members of the department during sanctioned or scheduled training
events will be compensated 5% (1.2 hr's) for each day they teach. Adjunct
instructors may also be compensated 5% for teaching with the primary instructor.
On or off duty class preparation time does not qualify for incentive pay, and the
Battalion Chief has the authority to determine who receives the training officer pay.
Courses and instructors must be identified prior to the class and must be approved
by the Battalion Chief.
Classes approved for Trainina Officer Pav are:
Swift water Rescue
Trench Rescue
Confined Space Rescue
High and Low Angle Rescue
Fire Control III
Haz Mat Decon
Haz Mat FRO
Additional classes may be authorized with the approval of the Fire Chief.
14.4 Scott Air Pak Technician
One Fire Safety Unit employee from each shift (three maximum) shall be
designated as an approved department Scottlm Self Contained Breathing
Apparatus (SCBA) Technician and receive 5% incentive pay. The technicians are
required to obtain their Scott"' SCBA repair training, initial certification, and
recertification at the department's expense in order to receiving incentive pay.
Each certified technician must maintain their ScottTM training and certification per
ScottTm requirements and meet the requirements of the department's supervising
Fire Captain in order to stay in the program.
Each technician shall be assigned to Fire Station 442 as their primary "home
station" during their tenure as a technician. The Battalion Chief has the ability to
temporarily transfer the technician to other stations as needed for staffing and
training purposes.
After six years as a technician receiving incentive pay, other fire safety unit
members on that shift may request to enter the program and become a certified
ScottT"' technician. If a new employee is selected, the existing technician will no
longer receive incentive pay once the new person has received their certification.
If the existing technician requests to remain in the program and another employee
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wishes to become a technician, the position will be given to the new candidate
provided they have been recommended by the Scott supervising captain and the
shift battalion chief. If no other employee on the shift wants to become a
technician, the existing technician may stay in the program for another 6-year term.
Existing ScottTM technician's must notify the SCBA Captain and the Shift Battalion
Chief six months before their 2-year ScoftTM certification expires if they wish to drop
out of the program prior to completing the full six year term.
The department will make every effort to keep SeoftTM technicians assigned to their
respective shifts however that cannot be guaranteed. If two or more technicians
are assigned to the same shift, the department may require the transferring
technician to forfeit their incentive pay upon the next recertification, so that another
shift can have a technician assigned.
In order to enter the program, an employee must submit a memo in writing to the
Shift Battalion Chief stating the reasons why they would be a good Scott'rm
technician. Applications will be reviewed by the SCBA supervising captain, and the
shift battalion chief, An oral interview may also be required. A final recommendation
will be given to the Fire Chief.
15. RESERVE FIRE FIGHTERS
Reserve Fire Fighters may be used to provide for up to four persons per piece of
apparatus. Management and the Association will confer on the best method to so
achieve.
It is understood that Reserve Fire Fighters shall be directly supervised by Fire
Captains. It is further understood that such Reserves shall not be counted toward
fulfilling minimum manning requirements, nor shall they replace regular personnel
at any time.
16. STAFFING
Parties agree that effective October 2006, the station safety shift staffing shall be
not less than 18 persons. The station safety shift staffing may be reduced by the
City from 18 to 16 persons upon such time as the City closes one (1) of the current
five (5) fire stations. Should the City re -open the closed station or add a new
station bringing the total number of stations back to five (5), then the station safety
shift staffing shall return to not less than 18 persons. Station additions beyond (5)
will require additions to the station safety staffing minimums and therefore will
require additional meet and confer between the parties. Rotational station closings
do not qualify as a station closure allowing for a reduction in station safety shift
staffing from 18 to 16. During the term of this contract, the City will strive to achieve
3 man engines. This is not, however, intended to be a guarantee of same.
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17. VACATION RELIEF
The City agrees that for vacation relief, minimum manning be maintained by
replacing individuals on a rank for rank basis.
18. EDUCATIONAL REIMBURSEMENT
Effective January 2, 1994, City agrees to compensate Unit employees, over base
pay, an additional 5% for an Associate's Degree or 7.5% for a Bachelor's Degree,
or 10% for a Master's degree from a college or university accredited by either or
both the Council for Higher Education Accreditation ("CHEA") and/or the U.S.
Department of Education ("USDE").
Effective January 1, 2001, City agrees to compensate Unit employee's over base
pay, an additional 2.5% for a State Fire Officer's Certificate_
19. TUITION REIMBURSEMENT
Unit employees shall be entitled to receive up to $3,000 per fiscal year through the
Tuition Reimbursement Program; except that the City's costs per fiscal year for this
Unit shall not exceed the City's total fiscal year liability. Thus, the parties intend by
this provision to increase individual employee reimbursement but not increase total
program potential cost liability.
20. MILEAGE REIMBURSEMENT
Unit employees shall receive mileage reimbursement in accordance with existing
City policy, at the prevailing IRS rate.
The Unit agrees to the elimination of the AQMD Rideshare Program.
21. DMV PHYSICALS
The City does not pay for medical exams that were formerly required by the
Department of Motor Vehicles. Should the Department of Motor Vehicles reinstate
that requirement for Fire Engineers, then City will resume payment for those
medical exams, provided the affected employees utilize the physician(s) designated
by the City.
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The Department will not process payroll changes that are less than a full 24 hour
shift for employees after the shift is complete at 0800 a.m. on payroll Friday.
Payroll changes will be made for individuals who have full 24 hour shifts to be
debited or credited. All other payroll adjustments will be carried forward to the
following pay period including emergency recall.
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The Department will no longer accept Overtime/Comp Time determination changes
after 8 p.m. on the shift they are working. All time off requests, overtime and comp
time hour determination must be submitted to the Shift Battalion Chief by 8 p.m. of
the shift the employee is currently working.
23. UNIFORMS
23.1 Uniform Allowance
City agrees to pay a uniform allowance of $125.00lmonth to each Unit employee as
a reimbursement for expenses incurred for acquisition and maintenance of
uniforms.
23.2 Class "A" Dress Uniforms
All Fire Safety Unit members are to purchase and possess an approved "Class A"
dress uniform upon completion of their first year of probation as a full time member
of the Palm Springs Fire Department. Regular employees who have passed initial
probation shall be in possession of their Class A uniform by January 31, 2007.
30 days after the employee has completed probation, they are to submit a receipt to
their supervisor to be forwarded to the Human Resource Department verifying that
the uniform has been ordered and purchased.
Employees wishing to have the city pay the initial cost of the uniform shall order the
uniform from an approved supplier. The approved supplier will then invoice the city
for the full cost of the uniform and the employee will then pay back the city for the
full cost of the uniform in 12 equal installments deducted from their uniform check.
Note: Only one city sponsored purchase can be made for the uniform. If the
employee wishes to purchase additional uniform accessories at a later time, or from
another supplier, they must pay for those items without city assistance.
23.3 Bodv Piercino
No body piercing jewelry will be worn or displayed on any part of the body while on
d uty.
23.4 Tattoos
Tattoos or temporary tattoos shall not be visible on the head, face, and neck or
below the elbow. Current employees who currently have tattoos that might be
considered in violation of this agreement, shall within 15 days after ratification of the
agreement, submit a memo to the fire chief requesting that the existing tattoo be
identified (with a photo taken) and recorded in the employee file.
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These employees will then have those pre -identified tattoos exempted from the
policy.
23.5 SIDA Badges
All new employees shall obtain a SIDA Badge within first three months of
employment, at no cost to the employee.
24. FEDERAL -STATE LAWS
It is understood and agreed that this MOU is subject to all present and future
applicable Federal and State laws and regulations and the provisions hereof shall
be effective and implemented only to the extent permitted by such laws and
regulations. If any part of this MOU is in conflict or inconsistent with such
applicable provisions of Federal or State laws or regulations, or otherwise held to
be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and
regulations and the remainder of this MOU shall not be affected thereby and shall
remain in full force and effect.
25. PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover
matters pertaining to employer -employee relations including, but not limited to,
wages, salaries, benefits, hours, and other terms and conditions of employment.
Therefore, it is agreed that all such ordinances, resolutions and policies, including
but not limited to Sections 4, 5, 6, 7, and 13 only of the Employer -Employee
Relations Resolution 16438 are hereby incorporated by this reference and made a
part hereof as though set forth in full and except as provided herein shall remain in
full force and effect during the term hereof. The City and its employees shall
continue to have the rights and prerogatives as set forth in Section 4, 5, 6, 7, and
13 of Resolution 16438, and nothing in this MOU shall be deemed in any manner to
abridge, restrict, or modify the same except as limited by Section 27 of this MOU.
26. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by
Unit employees represented by the Association shall not be deemed affected by
this MOU, except as specifically modified by provisions hereof or by actions taken
in implementation hereof.
27. NO REQUEST FOR CHANGES DURING TERM
The terms agreed upon by this MOU shall take effect at the times specified herein
upon approval by resolution by the City Council and shall remain in full force and
effect until midnight, June 30, 2009. The Association hereby expressly waives any
iEl
right to demand any improvements or any changes in the wages, hours, or other
conditions of employment of Unit employees covered by this MOU, and the City
shall not be required to meet and confer as to any such demand or request.
28. STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or Unit employees agree
that during the term of this MOU, they will not cause or condone any strike,
sympathy strike, walkout, slowdown, sick out, or any other unlawful and/or
concerted job action by withholding or refusing to perform services.
28.2
Any Unit employee who participates in any conduct prohibited in 28.1.1 above
shall be subject to suspension, demotion, or dismissal by the City.
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In addition to any other lawful remedies or disciplinary actions available to the City,
if the Association fails, in good faith, to perform all responsibilities listed below in
28.2 - The Association Responsibility, the City may suspend any and all rights and
privileges accorded to the Association in this MOU, including but not limited to
suspension of the Grievance Review Procedure and Dues Deduction.
28.4 The Association Responsibility
In the event that the Association, its officers, agents, representatives, or Unit
employees engage in any of the conduct prohibited in 28.1.1 - Prohibited Conduct,
the Association shall immediately instruct any such persons engaging in such
conduct that their conduct is in violation of this MOU and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 28.1.1 and
return to work.
29. LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except as
modified herein. If a Unit member bumps to a lower classification as a result of
layoffs, the employee's "Classification Seniority" in the lower position will be defined
as all of his time in any of the classifications in the Unit. For members of the Unit,
layoff of any employee shall be made in the following order: Employees shall be
laid off by classification in the reverse order of seniority in that classification. In the
event that two (2) or more employees in the same classification have the same
classification seniority, then layoff shall be made on the basis of final ranking on the
eligibility list for the position, then departmental seniority, then City seniority.
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30. IRS 125 PLAN
The City agrees to provide an IRS 125 Plan for Fire Safety Unit members. The Unit
agrees that member employees who subscribe to the plan shall pay the Plan
Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the
Plan Administrator during the enrollment period for the new plan year will become the
responsibility of the employee to pay via direct billing.
31. EXCHANGE OF DUTY TIME
There is no limit on the number of time exchanges a Unit employee may enter into,
but the Association encourages employees to notify management no later than 24
hours prior to the exchange taking place (a reduction from 48 hours notice
requirement).
32. PARAMEDIC PROGRAM
City of Palm Springs to develop a Paramedic Program to enhance the emergency
delivery system and fire readiness in the City of Palm Springs. It is understood that
the Program is a non -transport EMS enhancement to the existing firefrescue
system. Paramedic personnel will be cross -trained in fire fighting and rescue
techniques and will augment fire/rescue tasks when needed.
Those employees assigned to the Paramedic Program will receive compensation of
an additional 15% above their current pay rate.
33. UNION BUSINESS BANK
Effective January 1, 2007, the City will provide a bank of one hundred twenty (120)
hours per year to be allocated by UNION as directed by the Union's Board of
Directors for use by Union Officers or members. The Union President will be
responsible for notifying the City's Director of Human Resources of the use of such
hours.
34. COMMUNICATION POLICY
Unit agrees to City-wide Communication Policy.
18
MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE
Date
By
CITY MANAGER
HUMAN RESOURCES DIRECTOR
APPROVED AS TO FORM:
CITY ATTORNEY
PALM SPRINGS FIRE SAFETY
ASSOCIATION
Date
By
By
By
By
By
PRESIDENT, PSFSA
BOARD MEMBER
BOARD MEMBER
BOARD MEMBER
BOARD MEMBER
101
EXHIBIT "A" - PERFORMANCE STANDARDS PROGRAM:
After meeting and conferring with the representatives of the City of Palm Springs Fire
Safety Unit (hereinafter the "Fire Unit"), the Palm Springs Fire Department hereby
implements the following Performance Standards Program applicable to individuals
employed in the classifications of Firefighter and Engineer.
1. Freouencv of Testina. Performance tests will be given to the employees in the Fire
Unit on a quarterly basis.
2. Current Performance Tests. The Performance Standard tests utilized at this time
shall be the following:
(a) Ladder Removal.
Remove a 24-foot extension that is mounted six feet from the ground in a
horizontal position.
(b) Hose Hoist.
Hoist one section of two and on half -inch hose with nozzle assembly by use of a
pulley.
(c) Eauioment Removal/Hose Load.
Pick up, carry and stack five rolls of 2 1/2 inch hose onto a platform.
(d) Joist Crawl.
Carry 100-foot bundle of 1 3/4 inch hose with nozzle on shoulder through the
attic prop and return.
(e) Dry Hose Draa.
Advance a dry 2 1/2 inch hose line with nozzle 150 feet forward.
(f) Aerial Ladder Climb.
Climb the 100-foot aerial ladder while wearing full turnouts and breathing
apparatus. The aerial ladder will be at a 65-degree angle-
(g) Thirtv-Five Foot Extension Ladder Standard.
Remove from apparatus, carry and raise.
(h) Twenty -Four Foot Extension Ladder Standard.
Remove from apparatus, carry and raise-
(i) Donninq Breathina Apparatus Standard.
20
Don breathing apparatus while wearing turnout coat, gloves, and helmet.
(j) Ventilation Standard.
Ladder building and take required tools and equipment aloft.
Page 9 of Exhibit A (see Article 8)
In the event the Department desires to add to or modify the existing tests, it will
notify the representatives of the Fire Unit of such proposal and will provide said
representatives with an opportunity to meet and confer with respect to that subject.
Effect of Failure to Pass One or More of the Performance Tests -
The representatives of the Department and the representatives of the Fire Unit have
reached agreement that the performance standards listed in paragraph 2, above,
are job -related tests in that they accurately reflect tasks which members of the Fire
Unit may be required to perform in the course of their duties. Accordingly, it is
essential that all members of the Fire Unit be able to pass the Performance
Standards Test.
CITY COUNCIL STAFF REPORT
(DATE: November 1, 2006
(Consent Agenda)
SUBJECT: MEMORANDUM OF UNDERSTANDING — PALM SPRINGS FIRE
SAFETY UNIT (PSFSU)
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached a tentative agreement with the Palm Springs Fire Safety Unit
(PSFSU). The City Council will consider adopting a Resolution approving a
Memorandum of Understanding between the City and PSFSU.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS
FIRE SAFETY UNIT (PSFSU), FOR THE PERIOD JULY 1, 2006 THROUGH JUNE
30, 2009, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE
MEMORANDUM OF UNDERSTANDING."
2. Authorize the City Manager to execute the Memorandum of Understanding in a form
acceptable to the City Attorney.
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS APPROVING AMENDMENT #3 TO THE
ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY
RESOLUTION 21612."
4. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS AMENDING THE BUDGET FOR THE 2006-07
FISCAL YEAR."
Item No. 2. L.
City Council Staff Report
November 1, 2006 -- Page 2
MOU -PSFSU
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the Palm Springs Fire Safety Unit (PSFSU) have met and conferred
in good faith with the Municipal Employee Relations Representative (MERR) and have
reached agreement on the terms and conditions of a Memorandum of Understanding
(MOU) governing employees of the City of Palm Springs within the Fire Safety Unit for
the period July 1, 2006 through June 30, 2009.
PSFSU and the MERR jointly recommend adoption of such MOU by the City Council.
%ll /"
FISCAL IMPACT: (Finance Director Review:
The cost for FY 06/07 will be $403,300. This includes a partial median adjustment.
There will be an additional cost of $288,502 in the second year (FY 07/08) for a median
adjustment. Third year costs (FY 08/09) are projected to be an additional $189,061
which are dependent on a final median percentage adjustment.
Susan Mills, Director of Human Resources
David H. Ready, Cify er
Attachments: Resolution: Approving MOU
Resolution: Amendment #3 of the Allocated Positions
Resolution: Budget Amendment
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE
TO WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS FIRE
SAFETY UNIT (PSFSU), FOR THE PERIOD JULY 1,
2006 THROUGH JUNE 30, 2009, SUBJECT TO
UNIT'S RATIFICATION AND EXECUTING THE
MEMORANDUM OF UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR)
who shall be the City's principal representative on all matters of employer -
employee relations, with authority to meet and confer in good faith on matters
within the scope of representation, including wages, hours, and other terms and
conditions of employment; and
WHEREAS, the City, through its Municipal Employee Relations Representative
(MERR), has met and conferred in good faith on wages, hours, terms and other
conditions of employment with the Palm Springs Fire Safety Unit on (PSFSU)
representing the Fire Safety Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and PSFSU
have reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within
such Fire Safety Unit, subject to ratification by the Unit; and
WHEREAS, PSFSU and the MERR jointly recommend adoption of such MOU by
the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between PSFSU and
MERR, for the period July 1, 2006 through June 30, 2009, on file with the City
Clerk and incorporated herein by this reference, is hereby approved upon
ratification and execution of said Memorandum of Understanding in a form
approved by the City Attorney.
ADOPTED THIS 1st day of November, 2006,
David H. Ready, City Manager
Resolution No.
Page 2
ATTEST:
James Thompson, City Clerk
Resolution No,
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS APPROVING AMENDMENT
#3 TO THE ALLOCATED POSITIONS AND
COMPENSATION PLAN, ADOPTED BY
RESOLUTION 21612
WHEREAS, an Allocated Positions and Compensation Plan was adopted June 7,
2006 for the 2006-07 fiscal year by Resolution No. 21612; and
WHEREAS, the City Council desires to amend said Allocated Positions and
Compensation Plan.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Allocated Positions and Compensation Plan for positions in
the City Service for fiscal year 2006-2007 is hereby amended effective July 2,
2006 as follows:
SECTION 2. Deletions
Department # Positions
Fire 3
SECTION 3. Additions
Department # Positions
Fire 3
Classification
Deputy Fire Marshal
Classification
Fire Captain
Total authorized positions 2006-2007 as previously approved
Total authorized positions 2006-2007 as amended (Amendment #3)
ADOPTED THIS 1st day of November, 2006.
David H. Ready, City Manager
ATTEST:
Unit/Range
F/47
Unit/Range
MXF/61
473.75
473.76
Resolution No.
Page 2
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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
, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING THE BUDGET
FOR THE 2006-07 FISCAL YEAR.
WHEREAS Resolution 21611 approving the budgetforthe fiscal year2006-07was
adopted on June 7,2006; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget;
NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to
record inter -fund cash transfers as required in accordance with this Resolution, and
that Resolution 21611, adopting the budget for the 2006-07 fiscal year is hereby
amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
001 3520 40000 $353,000
415 6075 40000 $ 62,000
Purpose To fund new Fire MOU
SECTION 2. SOURCE
Fund Activity Account Amount
001 29301 $353,000
415 29301 $ 62,000
ADOPTED THIS day of 2006.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California