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HomeMy WebLinkAboutResolution No. 6650 (Fire Dept Compensation and Working Conditions)RESOLUTION NO. 6650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 6359 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PE RS ONNE L WHEREAS, the City of San Rafael and Firemen's Association have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias- Brown Act; and WHEREAS, a Memorandum of Understanding dated September 27, 1983 and consisting of 11 pages and Exhibits A and B has been executed by duly authorized representatives for both parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Firemen's Association shall utilize the Memorandum of Understanding dated September 27, 1983, as the official document of reference respecting compensation and working conditions for Fire Department personnel; Section 2. The schedules describing classes of posi- tions and salary ranges attached in Exhibit A to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 3rd day of October 1983, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: ABSENT: 28 A/16 COUNCILMEMBERS:None COUNCILMEMBERS:Mayor Mulryan JEANNE M. LEONC , City Clerk By/ ' REGINA BU41N Deputy City Clerk f 7O W� MEMORANDUM OF UNDERSTANDING WHEREAS, authorized representatives of the City of SAN RAFAEL, a chartered city (hereinafter referred to as "City"), and authorized representatives of the SAN RAFAEL FIREMEN'S ASSOCI- ATION, the recognized employee organization for classified Fire employees (hereinafter referred to as "Association"), have met and conferred concerning wages, hours, and working conditions; NOW, THEREFORE, IT IS AGREED that, pursuant to the provisions of the Meyers-Milias-Brown Act, the matters set forth in this Memorandum and attached Exhibits constitute the written Memorandum of Understanding between the City and the Association and shall apply to all employees represented by the Association, (r to wit: all employees of the Fire Department, except the Fire Chief, Battalion Chiefs, Training Officer, Fire Marshal and the Secretary to the Fire Chief. IT IS FURTHER AGREED that this Memorandum of Under- standing is subject to the approval of the San Rafael City Council. DATED: September 27, 1983. SAN RAFAEL FIRE ASSOCIATION By ctp X11ori rg , X.,4%A. 0 Presi east By Secretary CITY OF SAN RAFAEL Y� Pamela J. Nic lai Assistant City Manager TERM: This agreement shall be in effect from July 1, 1983 through June 30, 1985. Section 1. Salaries. Effective July 1, 1983, a salary increase of three percent (3%) shall be paid to all employees covered by this resolution and shall be applied across the board to all classifications, steps and ranges pursuant to Exhibit "A" attached. Effective July 1, 1984, a salary increase of six percent (6%) shall be paid to all employees covered by this resolution and shall be applied across the board to all classifications, steps and ranges pursuant to "Exhibit "A" attached. Section 2. Insurance Program. Effective'October 15, 1983, as an added fringe benefit, a maximum amount of One Hundred I Eighty -Six Dollars ($186.00) per month will be contributed towards } the cost of each eligible employee's Health, Accident, Life and Disability Insurance Package. Selection of coverage must include the employee's basic health plan and $5,000 life insurance policy offered by the City. The difference between the allotted amount and the cost of the individual's health and insurance plan costs will be paid to the employee to a maximum of $100.00 for employees hired prior to September 1, 1983, and to a maximum of $90.00 for employees hired after September 1, 1983. On December 1, 1984, the dollar amount contributed towards the medical will be adjusted by a percentage equal to the increase of the middle medical package as of January 1, 1985. Section 3. Dental Insurance. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventive care, $25.00 deductible on corrective care (80/20) per patient per calendar year and orthodonic coverage (50/50). In the event that the rate is increased at any time after July 1, 1983 but before June 30, 1985, the City shall continue the Program and shall pay the increased rate from the date of the increase for the term of this resolution. Section 4.5. Retirement Contribution. The City will contribute to Marin County Retirement System a maximum of five percent (5%) of an employee's salary or 50% of the employee's retirement contribution rate, whichever is less. Section 5. Management -Personnel. The positions of Fire Chief, Battalion Chief, Fire Marshall and Training Officer are deemed management positions and are to be included within the Unclassified salary schedule for salaries and fringe benefits. The Secretary to the Fire Chief is deemed to be a confidential employee and is included in the Miscellaneous Category. Section 6. Residency. Within two years of employment, all new employees in those classifications represented by the Association shall have their principal place of residence within the area designated on the map shown at Exhibit B. Section 7. Call -Back There shall be a minimum of two hours call-back pay at time -and -one-half whenever an employee in the classifications of Fire Captain, Fire Engineer, Firefighter - Paramedic, Fire Prevention Inspector and Fire Engineer Mechanic are asked to continue their work schedule past the duty day or are called back by the Department. - 2 - Section 8. Sick Leave. Upon termination of employment, by resignation, retirement or death, employees employed prior to June 30, 1979 who leave the municipal service in good standing shall receive compensation of all accumulated unused sick leave based upon the rate of 2% of each year of service to a maximum of fifty percent (50%). Effective July 1, 1979, new employees in the Bargaining Unit will not be entitled to cash in unused accumulated sick leave upon separation from the City. However, employees hired after July 1, 1979, will participate in a sick leave incentive plan which will be finalized by December 1, 1983. It is further agreed that we will meet and confer on development of a method of con- verting all employees onto the sick leave incentive plan rather ! than the sick leave compensation upon separation from City service. i; Section 9. Educational Incentive Program. To increase the educational level of the employees -in the Fire Department, and to assist in the recruitment of public safety members into the fire service, the City shall pay an educational incentive in accordance with the following: (a) Those employees having successfully completed 30 accredited college units of Fire Science shall receive additional compensation amounting to 2-1/2% of their basic monthly salary. (b) Those employees possessing an A.A. degree in Fire Science shall receive additional compensation amounting to 5% of their basic monthly salary. - 3 - (c) Those employees having successfully completed an EMT 1 or EMT -FS certification, accredited by the State of California, or State Fire Marshal's Office shall receive an additional compensation amounting to 2-1/2ro of their basic monthly salary. Section 10. Uniform Allowance. Uniform members of the Fire Department shall receive a uniform allowance in the amount of $162.50 at the completion of each six months of service ending June 30 and December 31; a pro -ration at the rate of $27.00 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. Effective July 1, 1984, the allowance will be increased to $187.50 for each six month period, prorated to $31.50 per month. Section 11. Overtime. All employees of the Fire Depart- ment with the exception of the Fire Chief, Battalion Chiefs, Fire Marshal and Training Officer, shall be paid at the rate of time and one-half of their established hourly rate for time worked in excess of their regular 56 -hour work week. Section 12. Holiday Pay. The shift personnel in the Fire Department; namely, the Fire Captain, Fire Engineer, Fire- fighter -Paramedic, Fire Engineer Mechanic and Firefighter are entitled to straight time compensation for every holiday in each given year which all other City employees"receive as time off. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. Holiday pay formula will be based on a 56 hour work week/2,912 hour year for calculating the hourly rate for a twelve hour day effective July 1, 1983. - 4 - Section 13. Personnel Rules and Regulations. No changes shall be made by the City in the Personnel Ordinance, Rules or Regulations without prior meeting and conferring in good faith with the San Rafael Firemen's Association. Section 13.1. Rule of Three. The personnel rules and regulations, to be revised after meeting and conferring with -the Association, shall contain a provision requiring the filling of vacancies from within the top three names on a certified list, for all personnel appointments and promotions within the classified service. Section 14. Safety Committee. One member of the Fire- 1 fighter or Fire Engineer classification shall serve.on a City-wide safety committee. Section 15. Vacation Policy. Three (3) members per shift shall be allowed off on vacation during the months of May, June, July, August, September, and October if the Firemen's Association reduces sick leave 15% of the base figure of 277, 24-hour shifts or a reduction of forty-one (41) twenty-four (24) hour shifts. The 15% reduction would not include any Workmen's Compensation time or lengthy sick leave for a twelve month period beginning on January 1, 1983 and ending December 31, 1983 and will be re- negotiated based on sick leave useage at the end of the first year. The allowing of three (3) men per shift off on vacation during the months of May, June, July, August, September, and October is predicated on a complement of eighty-four personnel in - 5 - suppression. A decrease in the personnel complement below eighty- four (84) due to economic reasons, will require a reevaluation of the above procedure. This policy will become effective with the vacation schedule commencing in January 1983. Section 15.1. Vacation Conversion. In accordance with Resolution No. 5134, Section 17, and City Council policy estab- lished January 7, 1980, Fire Association employees who would otherwise lose vacation days during any single year because of the City's inability to schedule annual accrued vacation for everyone, may convert the number of days over and above what they are able to take off to cash, up to a maximum of seven (7) days. Additionally, the Fire Chief, with the City Manager's approval, may extend this benefit to classified employees when it 1 is to the City's benefit and the Fire Chief believes the circum- stances warrant it. Section 15.2. Vacation Relief. Firefighters with twelve (12) or more years of continuous service will be exempt from vacation relief duty with the stipulation that if insuffi- cient numbers of firefighters of less than twelve (12) years of continuous service are not available for vacation relief, those members with twelve or more of service must assume vacation relief duty. Firefighters with twelve years or more of service that must assume vacation relief will be selected based on those with the least amount of seniority first. Department members on probationary status will be exempt from vacation relief duty for the first year of service. If the anniversary date falls within the six month scheduling period, officer will complete scheduling period before exemption becomes effective. Section 16. Out of Class Compensation. Effective January 1, 1982 when classified employees work out of their normal classification they will be compensated and governed by the following rules: 1. All Engineers will perform in Acting Captain status, as needed,' and will be paid at the same step as their regular position, i.e., Step A - Engineer is paid at Step A - Captain. Engineers will be paid at the regular pay rate until the completion of the fourth (4th) consecutive shift whereupon they will be paid at the higher rate, retroactive to the first (1st) shift. 2. All Firefighters with three (3) years or more ser- vice with the City of San Rafael Fire Department and with the recommendation of two Fire Captains may attend the Captain's Certification Program consisting _of up to 20 hours in-service training. This training C v may be conducted and attendance is a pre -requisite Z for working out of class as a Captain. Recerti- fication will be required two years from the date of the last certification upon completion of a refresher course not to exceed twenty (20) hours. Officer Certification Training will be conducted at a time designated by the Fire Chief and Engineers who wish to attend may do so. When working out of class, as Engineers or Captains, Firefighters will be paid at the regular pay rate until the completion of the fourth (4th) consecutive MC shift whereupon they will be paid at the higher rate, retroactive to the first (1st) shift. They will be paid at the same step as their regular position, i.e., Step A - Firefighter is paid at Step A - Engineer or Step A - Captain. 3. All Fire Captains designated as Acting Battalion Chiefs will be paid at the rate of $50 premium per shift worked. Section 17. Special Compensation. 1. Engineers selected by staff to serve as truck commanders and serve at the discretion of the Battalion Chief. They will be paid $100 premium per month over and above their regular monthly salary while serving in this capacity. 2. The Paramedic Liaison will be selected by the Para- medics and serve for a minimum of one (1) year and a maximum of two years. They will be paid $100 premium per month while serving in this capacity. Section 18. Medical Standards Ordinance. A medical standards ordinance to be applicable to Fire Department personnel in the classifications of Firefighter, Engineer, and Captain will be discussed by the City and the Association and will be adopted only after mutual agreement by both parties. Section 19. Disability. City agrees that the members of the Firemen's Association may choose to subscribe to a long term disability plan other than that offered by the City as long as there is no cost to the City. Section 20. Paramedic Career Incentive Committee. Prior to July 1, 1984, the Fire Chief and representative of the San Rafael Firemen's Association shall discuss a process to provide a career path for Firefighters/Paramedics to serve in a dual role as Engineer or Captain Paramedic and an incentive program for those remaining in the position of Firefighter/Para- medic. On completion of the process, the representatives of the San Rafael Firemen's Association will discuss the possible implementation of the program with the City Manager's staff. Section 21. Compensation Guarantee Clause. In order 3 to protect the Firemen's Association from any loss due to being the first to reach a settlement during the present period of ��negotiations, the Firemen's Association is guaranteed that no M.O.U. with any employees represented by a recognized employee organization (within the meaning of the Meyers-Milias-Brown Act) will exceed the total compensation value of the identical period of time of this M.O.U. If another employee unit agrees to a one year M.O.U. effective July 1, 1983 through June 30, 1984, no adjustment will be considered until the completion of the negotiations for the period July 1, 1984 through June 30, 1985, when the total compen- sation for the two year period will be known. If an adjustment is needed, the differential in the total compensation value in excess of this M.O.U. will be added to the salary base. No other indivi- dual adjustments or comparisons will be made to individual benefits. If another employee unit agrees to a two year M.O.U. effective July 1, 1983 through June 30, 1985, any differential in the total compensation value in excess of that negotiated by the Firemen's Association in this M.O.U. will be added to the salary base. No other adjustments or individual comparisons will be made to individual benefits— Section enefits— Section 21. Inspection of Memorandum. Both the City and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. Section 22. Existing Laws, Regulations and Policies. This Memorandum is subject to all applicable laws. Section 23. Strikes and Lockouts. During the term of Ctihjs Memorandum, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage or approve any strike or slowdown growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the city that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. Section 24. Full Understanding, Modification, Waiver. A. The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. =V= B. Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 1981. Section 25. Severability. If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if com- �� (!_pliance with or any enforcement of any provision hereof be re- strained by such tribunal the remainderf o this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet -and -confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. DATED: September 27, 1983. SAN RAFAEL FIRWASS CIATION By t Presiden By Secretary 28 A/5 �,�!�-��� . CITY OF SAN RAFAEL By Pamela J. Ni olai Assistant City Manager E X H I B I T "A" SALARY SCHEDULE (A) Effective July 1, 1983, the following classes of positions and salary ranges are hereby created for Fire Department Personnel: Salary Range No Title A B C D E F-18 Fire Captain 2304 2427 2546 F-16 Fire Engineer 2109 2207 2304 F-16 Firefighter -Paramedic 2109 2207 2304 F-16 Fire Prevention Inspector i 2109 2207 2304 F-16 Fire Engineer Mechanic C, 2109 2207 2304 F-14 Firefighter i; 1752 1831 1922 2010 2109 F-10 Fire Dispatcher 1440 1507 1578 1647 1723 F -Y Fire Cadet - flat &" (B) Effective July 1, 1984, the following classes of positions and salary ranges are hereby created for Fire Department Personnel: Salary Range No Title A B C D E F-18 Fire Captain 2442 2573 2699 F-16 Fire Engineer 2236 2339 2442 F-16 Firefighter -Paramedic 2236 2339 2442 F-16 Fire Prevention Inspector 2236 2339 2442 F-16 Fire Engineer Mechanic 2236 2339 2442 F-14 Firefighter C�1�. 1857 1941 2037 2131 2236 F-10 Fire Dispatcher �� 1526 1597 1673 1746 1826 F -Y Fire Cadet - flat OfB•a(�^