HomeMy WebLinkAbout23331 RESOLUTION NO. 23331
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, FOR
THE PERIOD JANUARY 1, 2013 THROUGH JUNE 30, 2014,
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 (PSFSU); 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 Association; 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 January 1, 2013 through June 30, 2014, 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 17TH DAY OF APRIL, 2013.
ATTEST: David H. Ready, Cit r
mes Thompson, City Clerk
Resolution No. 23331
Page 2
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. 23331 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 April 17, 2013, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
and Mayor Pro Tern Mills.
NOES: Mayor Pougnet.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk l Z p 13
ity of Palm Springs, California��/
PALM SPRINGS
FIRE SAFETY UNIT
MEMORANDUM OF
UNDERSTANDING
January 1 , 2013 — JUNE 309 2014
The Palm Springs Fire Safety Unit
Memorandum of Understanding
January 1, 2013 —June 30, 2014
By Article Number
1. PUBLIC EMPLOYEES' RETIREMENT SYSTEM.................................................................................................1
2. HEALTH, DENTAL, VISION AND OTHER INSURANCE.....................................................................................3
3. OVERTIME................................................................................................................................................................4
4. EMERGENCY CALLBACK PAY............................................................................................................................5
5. BOMB SEARCH.......................................................................................................................................................6
6. CERTIFICATION......................................................................................................................................................6
7. NON-SMOKING REQUIREMENT...........................................................................................................................6
8. PERFORMANCE STANDARDS.............................................................................................................................6
9. EMERGENCY CALL-BACK AND CONTRACT OVERTIME...............................................................................6
10. ACTING PAY..........................................................................................................................................................7
11. LEAVE.....................................................................................................................................................................7
12. FORTY-HOUR......................................................................................................................................................10
13. BASE SALARIES..................................................................................................................................................20
14. STAFFING.............................................................................................................................................................12
15. VACATION RELIEF..............................................................................................................................................12
16. EDUCATIONAL INCENTIVE PAY.......................................................................................................................12
18. MILEAGE REIMBURSEMENT.............................................................................................................................13
19. DMV PHYSICALS.................................................................................................................................................13
20. PAYROLLCHANGES..........................................................................................................................................13
21. UNIFORMS............................................................................................................................................................13
23. PRACTICES ..........................................................................................................................................................14
24. MAINTENANCE OF BENEFITS OF BENEFITS................................................................................................15
25. NO REQUEST FOR CHANGES DURING TERM..............................................................................................15
26. STRIKES AND WORK STOPPAGES.................................................................................................................15
27. LAYOFF AND RECALL........................................................................................................................................16
28. IRS 125 PLAN.......................................................................................................................................................16
29. EXCHANGE OF DUTY TIME...............................................................................................................................16
30. PARAMEDIC PROGRAM.....................................................................................................................................17
31. UNION BUSINESS BANK....................................................................................................................................17
32. ELECTRONIC COMMUNICATION GUIDELINES.............................................................................................17
EXHIBIT"A" -PERFORMANCE STANDARDS PROGRAM: DEPARTMENT.....................................................19
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
AND THE PALM SPRINGS FIRE SAFETY UNIT
(JANUARY 1, 2013—JUNE 30, 2014)
This Memorandum of Understanding is entered into with reference to the
following facts:
I. Pursuant to the provisions of the Meyers-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 Unit (hereinafter referred to as the
"Unit") as the exclusive recognized employee organization for the employee Fire Safety
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.
II. The Palm Springs Fire Safety Unit (PSFSU) 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 Fire Safety Unit and have reached agreements
which are set forth in this Memorandum of Understanding (hereinafter referred to as the
The PALM SPRINGS FIRE SAFETY UNIT and the MERR agree as follows:
I. This MOU constitutes a joint recommendation by the Unit 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.
II. Upon Council approval, this MOU shall be for the period commencing January 1,
2013, and terminating midnight, June 30, 2014, provided, however that specific
sections of this MOU shall have later effective dates as specified herein.
1. PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The parties agree that the provisions of AB 340 (The California Public Employees'
Pension Reform Act of 2013 - PEPRA) went into effect on January 1, 2013. If there is
any other clean up or other retirement legislation which goes into effect during this MOU
and if there are provisions of that legislation which automatically goes into effect, it shall
do so without impairing the parties' MOU.
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1.1 Member Contribution
For Unit members hired by the City prior to January 1, 2013, the City shall pay the
employee's contribution to the California Public Employees' Retirement System
(hereinafter referred to as "CaIPERS"). 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 20691.
For Unit members hired after January 1, 2013, who are new employees to the City but
who are not "new members" (as defined the PEPRA) to CaIPERS, they shall pay their
9% employee CaIPERS contribution for five years.
Effective January 1, 2013, unit members defined as "new members" by the PEPRA
hired after January 1, 2013 shall pay the higher of nine percent (9%) or one half the
total normal cost (as determined by CaIPERS) as their employee retirement
contribution. The parties acknowledge that the City has been advised by CaIPERS that
the current amount is 12%.
1.2 Retirement Formula
For Unit members hired prior to December 17, 2011, they shall receive the 3%@ 50
retirement formula provided by the CaIPERS.
For Unit members hired between December 17, 2011, and December 31, 2012, as well
as any employee hired after December 31, 2012 who are not 'new members' as that
term is defined by the PEPRA, they shall receive the 3%@ 55 retirement formula
provided by the CaIPERS.
For "new members" as defined by the PEPRA who are employees initially hired after
January 1, 2013, they shall be hired pursuant to the 2.7% @ 57 retirement formula
provided in the PEPRA by CaIPERS.
1.3 Calculation of Retirement Benefit
For Unit members hired before January 1, 2013 or hired after this date who are not
"new members" as defined by the PEPRA (i.e., referred to as classic employees by
CaIPERS), their retirement benefit shall be calculated based on their single highest year
as the City has contracted with CaIPERS for this optional benefit.
For "new members" as defined by the PEPRA who are employees initially hired after
January 1, 2013, their final compensation shall be based upon the highest annual
average compensation earnable during the thirty-six (36) consecutive months of
employment immediately preceding the effective date of his or her retirement or some
other period designated by the retiring employee.
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1.4 Level 4 Survivors Benefit.
The City will continue to contract with CalPERS for the Improved 1959 Level 4
Survivors Benefit at no additional cost to the Unit member.
2. HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to unit members. The amounts
provided by the City for health, dental and vision insurance for 2013 are set forth below.
For calendar year 2014, in the event that the premium charges for the health, dental or
vision benefits exceed the total premium costs (for 2013) by four percent (4%) or more the
amount of the excess shall be paid by the Unit member through a payroll deduction. The
maximum contribution rate for these benefits paid for by the City for 2014 will be the 2013
rates (as set forth below for each benefit) plus 4%. Each calendar year thereafter, the
maximum contribution rate for that year will be calculated in the same manner.
2.1 Health. Dental and Vision Insurance—Current Employees
Unit members shall remain in the City's medical plan for Police and Fire Employees,
which is currently Blue Shield of California, and shall not be eligible for any other City
insurance plan for the duration of this MOU.
The City agrees to contribute up to the amounts below for calendar year 2013 for Unit
members toward Health (including hospitalization and drug coverage), Dental and Vision
insurance. Unit members will sign verification of dependent eligibility annually at open
enrollment.
City Contribution for 2103
Single Party $756.27 $33.43 $12.41
Two-Party $1,451.65 $45.84 $12.41
Family $1,538.27 $66.01 $12.41
Employee Contribution for 2013
Single Party $18.01 $0 $0
Two-Party $34.56 $24.22 $0
Family $36.63 $58.10 $0
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The City of Palm Springs provides Domestic Partner Coverage to the current health,
dental and vision insurance. The enrollee must provide a copy of the Declaration of
Domestic Partnership, Statement of Financial Liability for Domestic Partnership,
Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of
Eligibility for Economically Dependent Children to the City. The City will use the same
enrollment policies for domestic partnerships as are currently used for traditional
marriages or as provided by the requirements of the insurance carrier.
2.2 Term Life Insurance
The City agrees to provide Term Life Insurance coverage at no cost to employees in the
Unit in the amount of fifty thousand dollars ($50,000).
2.3 Retiree Health Coverage
All employees hired prior to November 1, 2006 or who had 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.
All employees eligible for retiree medical benefits who become eligible to receive
Medicare must enroll in Medicare Part A and B to remain eligible to receive the above
contributions.
Retired employees who have not completed 20 years of City service shall be entitled to
participate at his/her own cost in the Unit's medical, hospitalization and prescription drug
coverage plan.
For all new employees hired after November 1, 2006, 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.
3. OVERTIME
3.1
Personnel Rule 5.10.4, Fire Safety Unit Overtime Rate, shall continue to read: "Fire
Safety Unit shift members shall be compensated for overtime worked at a rate of fifty
percent (50%) above the member'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." This
work period is in accordance with Section 7(k) of the Fair Labor Standards Act.
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3.2
For employees hired on or before December 31, 2012, all compensated time off shall be
counted as time worked for purposes of computing overtime. For employees hired after
January 1, 2013, sick leave does not count as hours worked for purposes of computing
overtime. In calculating hours worked where sick leave has been used, the City will
look at each 14-day pay period separately to determine if overtime is owed. However,
other forms of compensated time off shall be counted as hours worked for purposes of
computing overtime
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 Unit
shall be represented on the Fire Department"TeleStaffTM Software Committee" to assist
in the design, implementation, and resolution of issues related to the program's use.
3.4
Per Fire Department Administrative Procedure SOP# Admin 4, Unit members who are
offered an overtime assignment may decline that overtime assignment without losing
his/her position on the overtime assignment list.
3.5
Per Personnel Rule 5.11.3 Unit members assigned to shift duty shall not accumulate
compensatory time in excess of ten (10) shifts (two hundred forty (240) hours).
4. EMERGENCY CALLBACK PAY
4.1
Unit members will receive a minimum of four(4) hours callback pay per incident.
4.2
Personnel Rule 5.12.4, Emerpency Callback Pay for the Fire Safety Employees
provides:
"When Fire Safety Unit members 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
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not include coverage for minimum staffing or regularly scheduled or prescheduled, non-
emergency work or duty time."
4.3
Unit members responding to emergency callback shall be compensated for their travel
time up to a maximum of one (1) hour.
5. BOMB SEARCH
Unit members will not be required to perform bomb searches. Upon receipt of a bomb
threat, Unit members 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 members 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 to the Performance Standard program in the form attached
hereto as Exhibit A.
9. EMERGENCY CALL-BACK AND CONTRACT OVERTIME
Emergency callback time and contract overtime (e.g., special detail working for another
employer which is arranged by and contracted through the City) shall be paid rather
than accrued as compensatory time off.
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10. ACTING PAY
Unit members who are required to work in higher classification for a period in excess of
two (2) hours in any workday shall receive acting pay as follows:
10.1
If the member works two (2) through twelve (12) hours, the member shall receive an
additional six-tenths (6) of an hour pay at the member's regular hourly rate of pay.
10.2
If the member works more than twelve and up to twenty-four hours, the member shall
receive 1.2 hours of pay at the member's regular hourly rate of pay.
10.3
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.
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.
11. LEAVE
11.1 Accrual and Vesting
Unit members 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 Members
Unit members assigned a fifty-six (56) hour shift workweek shall accrue annual leave at
the following rates:
7
!h
_
1 Through 5 12
6 Through 10 16
11 Through 15 20
16 and after 22
11.3 Accrual Rates for 40-hour workweek Unit Members
Unit members assigned a forty (40) hour workweek shall accrue annual leave at the
following rates:
Y4'
1 Through 5 8.57
6Through 10 11.43
11 Through 15 14.29
16 and after 15.71
11. 4 Annual Leave Maximum
Unit members 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 members
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-Out
Unit members shall have the option of converting accrued and vested annual leave into
cash, without limitation. Cash-outs of annual leave shall be permitted twice a year on
the last pay day of July, and the first pay day of December. Members must advise
payroll of their desire to convert accrued and vested annual leave to cash three weeks
prior to these pay days.
11.6 Annual Leave While on Occupational Injury Leave or Sick Leave
Unit members 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 member shall be permitted to continue to accrue annual leave over four hundred
fifty-six (456) hours from the time such notice is given until the next regular annual leave
cash out date. On said next regular annual leave cash out date, the member must cash
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out at least all annual leave in excess of four hundred fifty-six (456) hours or the
employee will lose such excess hours. The member 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. Members on occupational injury leave or sick
leave may cash out their annual leave pursuant to Article 11.5. This paragraph shall
apply on a per injury basis.
11.7 Annual Leave Usage
The practice of allowing two (2) Unit shift members and two (2) Fire Management shift
members per shift to be on scheduled vacation simultaneously is to be continued, but in
the event that one management employee schedules a given day for vacation, one
additional Fire Safety Unit member (3 total) will be allowed to schedule that day off
provided that no more than four (4) shift members are scheduled off. If no Fire
Management members are scheduled off, two (2) additional Fire Safety Unit members
will be allowed to schedule that day off (4 total) provided that no more than four (4) shift
members are scheduled off.
Furthermore, in the event that one Fire Safety Unit shift member schedules a given day
for vacation, one (1) additional Fire Management shift member (3 total) will be allowed
to schedule that day off provided no more than four (4) shift members are scheduled off.
If no Fire Safety Unit members are scheduled off, two (2) additional Fire Management
members will be allowed to schedule that day off (4 total) provided no more than four (4)
shift members are scheduled off.
11.7.1
Unit members shall be allowed to request single, unscheduled vacation days
throughout the year provided no more than four (4) shift members are scheduled off
that shift for any purpose.
11.8
Requests to use more than twelve (12) hours of compensatory time must be made 48
hours in advance.
11.9 Fire Safety Unit Sick Leave Provisions
11.9.1 Accrual Rates
Unit members 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.
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11.9.2 Eligible to Use
Unit members are eligible to use accrued sick leave upon completion of six (6)
continuous months of service with the City.
11.9.3 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, members
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 member's
straight time hourly rate of pay for those unused accumulated sick leave hours.
11.10 Disposition of Accrued &Vested Leave Upon Termination
11.10.1
Upon termination all unpaid accrued and vested annual leave will be paid at the
member's current hourly rate. All unpaid accrued and vested annual leave of
deceased members shall be paid to the estate of said deceased except as otherwise
provided by law.
11.10.2
Unit members shall be paid for all accrued, vested and unused sick leave upon a
public safety service or disability retirement.
11.11 Payment in Lieu of Holidays
In lieu of all City recognized holidays, Unit members shall be paid 5.14 hours (for members
working the suppression shift of an average of 56 hours per week) and 3.67 (for members
working a 40 hour per week assignment) per pay period (the 24 pay periods when holiday
in lieu pay is paid to members) at their straight time hourly rate.
12. FORTY- HOUR
Where appropriate, the benefits accorded Unit members in this MOU shall be converted
to accommodate those members who work an average of forty (40) hours per week
(shift hours/1.4 = 40 hour conversion).
13. BASE SALARIES
Effective January 1, 2014 — Unit members shall receive a two and one half percent
(2.5%) salary increase.
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13.2 Bilingual Pav
The City agrees to compensate Unit members who are bilingual in Spanish an
additional five (5%) percent, but limited to four (4) persons/shift. The City shall establish
testing procedures.
13.3 Training Officer Pay
Fire Safety Unit members 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 Training Officer Pay 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.
13.4 Scott Air Pak Technician
One Fire Safety Unit members from each shift (three maximum) shall be designated as
an approved department ScottTM Self Contained Breathing Apparatus (SCBA)
Technician and receive 5% incentive pay. The technicians are required to obtain their
ScottTM 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
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that shift may request to enter the program and become a certified ScottTm technician.
If a new member 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 member 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 member on the shift wants to become a technician, the existing technician
may stay in the program for another 6-year term.
Existing SCottTA/ technician's must notify the SCBA Captain and the Shift Battalion Chief
six (6) months before their 2-year ScottTM 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 SCottTM technicians assigned to their
respective shifts however that cannot be guaranteed. If two (2) 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, a member must submit a memo in writing to the Shift
Battalion Chief stating the reasons why they would be a good SCottTM 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 who will make the decision.
14. STAFFING
The station safety shift staffing shall be not less than 16.
15. VACATION RELIEF
The City agrees that for vacation relief, minimum staffing be maintained by replacing
individuals on a rank for rank basis.
16. EDUCATIONAL INCENTIVE PAY
City agrees to compensate Unit members, 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").
City agrees to compensate Unit member's over base pay, an additional 2.5% for a State
Fire Officer's Certificate.
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17. TUITION REIMBURSEMENT
Unit members 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 member reimbursement but not increase total program
potential cost liability.
18. MILEAGE REIMBURSEMENT
Unit members shall receive mileage reimbursement in accordance with existing City
policy, at the prevailing IRS rate.
19. 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.
20. PAYROLL CHANGES
The Department will not process payroll changes that are less than a full 24 hour shift
for members 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.
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 member is currently working.
21. UNIFORMS
21.1 Uniform Allowance
City agrees to pay a uniform allowance of $125.00/month to each Unit members as a
reimbursement for expenses incurred for acquisition and maintenance of uniforms.
21.2 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.
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30 days after the member 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.
Members 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 member will then pay back the city for the full cost of
the uniform in twelve (12) equal installments deducted from their uniform check.
Note: Only one City sponsored purchase can be made for the uniform. If the member
wishes to purchase additional uniform accessories at a later time, or from another
supplier, they must pay for those items without city assistance.
21.3 Body Piercing
No body piercing will be worn or displayed on any part of the body while on duty.
21.4 Tattoos
Tattoos or temporary tattoos shall not be visible on the head, face, and neck or below
the elbow.
21.5 SIDA Badges
All new members shall obtain a SIDA Badge within first three months of employment, at
no cost to the member.
22. 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.
23. 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
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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.
24. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by Unit
members represented by the PSFSU shall not be deemed affected by this MOU, except
as specifically modified by provisions hereof or by actions taken in implementation
hereof.
25. 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, 2014. The PSFSU hereby expressly waives any right to demand
any improvements or any changes in the wages, hours, or other conditions of
employment of Unit member covered by this MOU, and the City shall not be required to
meet and confer as to any such demand or request.
26. STRIKES AND WORK STOPPAGES
26.1 Prohibited Conduct
The PSFSU, its officers, agents, representatives and/or Unit members 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.
26.2
Any PSFSU members who participate in any conduct prohibited in 26.1 above shall be
subject to suspension, demotion, or dismissal by the City.
26.3
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Unit fails, in good faith, to perform all responsibilities listed below in 26.4 - The Unit
Responsibility, the City may suspend any and all rights and privileges accorded to the
Unit in this MOU, including but not limited to suspension of the Grievance Review
Procedure and Dues Deduction.
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26.4 The Unit Responsibility
In the event that the Unit, its officers, agents, representatives, or Unit members engage
in any of the conduct prohibited in 26.1 - Prohibited Conduct, the Unit 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 26.1 and return to work.
27. LAYOFF AND RECALL
The Unit 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 member shall be
made in the following order: Members shall be laid off by classification in the reverse
order of seniority in that classification. In the event that two (2) or more members 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.
27.1 Seniority
In the absence of a definition for the term "seniority" as used in the City's Personnel
Rules and MOU with PSFSU, "seniority" shall mean "the length of the employee's
continuous unbroken service with the City.
An employee who separates from the City for any length of time and for any reason but
who returns to employment with the City shall have his or her calculation of seniority
based on the most recent date of hire. Any prior service for the City prior to separation
shall not be considered.
28. 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.
29. EXCHANGE OF DUTY TIME
There is no limit on the number of time exchanges a Unit member may enter into, but
the PSFSU encourages members to notify management no later than 24 hours prior to
the exchange taking place.
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30. 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 fire/rescue system.
Paramedic personnel will be cross-trained in firefighting and rescue techniques and will
augment fire/rescue tasks when needed. Those members assigned to the Paramedic
Program will receive compensation of an additional 15% above their current pay rate.
31. UNION BUSINESS BANK
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.
32. ELECTRONIC COMMUNICATION GUIDELINES
Unit agrees to City-wide Electronic Communication Guidelines.
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PALM SPRINGS FIRE SAFETY UNIT REPRESENTATIVE
Date:
By: PSFSU Labor Representative Signature
By:
PSFSU President Signature
By:
Board Member Signature
By:
Board Member Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
By: By:
City Manager Labor Attorney
Attest:
By: By:
City Clerk Director of Human Resources
Approved to form: Council Approval:
By:
City Attorney
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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. Frequency of Testing
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) Equipment Removal/Hose Load.
Pick up, carry and stack five rolls of 2 112 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 Drag
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) Thirty-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) Donning Breathing Apparatus Standard
Don breathing apparatus while wearing turnout coat, gloves, and helmet.
(j) Ventilation Standard
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Ladder building and take required tools and equipment aloft.
Page 1 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.
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