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HomeMy WebLinkAboutResolution No. 6359 (Fire Dept Compensation Working Conditions)RESOLUTION NO. 6359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 6117 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL 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 July 19, 1982 and consisting of 10 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 July 19, 1982, 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 19th day of July 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None s 28 A/16 1,4 JNE M. LEONCINI, City Clerk Sq 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, 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. DA'Z'ED: July 19, 1982. SAN RAFAEL FIRE ASSOCIATION CITY OF SAN RAFAEL By l"resident By Secretary TERM: This agreement shall be in effect from July 1, 1982 through June 30, 1983. 1 Section 1. Salaries. Effective July 1, 1982, a salary increase of five percent (5%) 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 January 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 classifi- cations, steps and ranges pursuant to "Exhibit "A" attached. Section 2. Insurance Program. Effective July 1, 1982, as an added fringe benefit, a maximum amount of One Hundred Fifty Dollars ($150.00) 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. Section 3. Dental Insurance. Effective August 1, 1982, the City will provide and pay $29.48 to have 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 August 1, 1982 but before June 30, 1983, the City shall continue the Program and shall pay the increased rate from the date of the increase for the term of this resolution. - 1 - Section 4.5. Retirement Contribution. Effective January 1, 1983, City agrees to increase the payment of employees' 1` contribution to Marin County Retirement System, from 4% to 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. 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. Section 9. Educational Incentive Program. To increase C (l 7 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. (c) Those employees having successfully completed an EMT 1 certification, accredited by the State of California, shall receive an additional compensation amounting to 2-1/2% of their basic monthly salary. Section 10. Uniform Allowance. Uniform members of the Fire Department shall receive a uniform allowance in the amount of $150 at the completion of each six months of service ending June 30 and December 31; a pro -ration at the rate of $25.00 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. 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. - 3 - Section 12. Holiday Pay. The shift personnel in the Fire Department; namely, the Fire Captain, Fire Engineer, Fire- V 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. 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- fighter or Fire Engineer classification shall serve on a City-wide safety committee. Section 1.5. 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 - 4 - �1 1 y l 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 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 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. - 5 - Department members on V , probationary status will be exempt from vacation relief duty for the first year of service. If the anniversary date falls within v 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 may be conducted and attendance is a pre -requisite 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 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 assigned to Truck 1 will be 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. - 7 - and Engineers who wish to attend may do so. J. r` 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 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 assigned to Truck 1 will be 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. - 7 - Section 19. Disability. City agrees that the members �\l, of the Firemen's Association may choose to subscribe to a long / J term disability plan other than that offered by the City as long as there is no cost to the City. Section 20. 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 21. Existing Laws, Regulations and Policies. This Memorandum is subject to all applicable laws. Section 22. Strikes and Lockouts. During the term of this 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 23. 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. 13. Except as specifically otherwise provided herein, Cj J 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, 1951. Section 24. 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 remainder of 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: July 19, 1952. SAN RAFAEL FIRE ASSOCIA`1'ION By % President Y Secretary 25 A/5 - 9 - CITY OF SAN RAFAEL �t �G 13y Robe -r yer City Manager EXHIBIT "A" Section 1. Salaries. (A) Effective July 1, 1982, the following classes of positions and alary ranges are hereby created for Fire Department Personnel. Salary ange No. Position A B— C_ _D_ E F-18 Fire Captain 2172 2287 2400 F-16 Fire Engineer 1988 2081 2172 F-16 Firefighter -Paramedic 1988 2081 2172 F-16 Fire Prevention Inspector 1988 2081 2172 F-16 Fire Engineer Mechanic 1988 2081 2172 F-14 Firefighter 1651 1726 1812 1894 1988 F-10 Fire Dispatcher 1357 1420 1487 1552 1624 F -Y Fire Cadet - flat 860 860 860 860 860 (B) Effective January 1, 1983, the following classes of positions and alary ranges are hereby created for Fire Department Personnel. 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