City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION
That the City Council adopt a Resolution approving a four (4) year Memorandum of
Understanding (MOU) with the Culver City Fire Management Group for the period of
January 1, 2005 through December 31, 2008 and Rescind Resolution No 2000-
R104.
BACKGROUND
The previous four (4) year MOU with the Culver City Fire Management Group
expired in October 2003. After eleven (11) months of negotiations, the City and the
Culver City Fire Management Group have reached an agreement resulting in a four
(4) year contract retroactive to January 1, 2005.
The Fire Management Group’s negotiating team included Assistant Fire Chief Chris
Sellers, Battalion Chief Rich Gallagher and former Assistant Fire Chief Bill Mount
(retired).
The City’s negotiation team was led by Chief Labor Negotiator Jack Hoffman and
members included Chief Administrative Officer Jerry Fulwood, City Controller Marlee
Chang, Deputy Personnel Director Serena Wright, Personnel Services Analyst Linda
Coll and Council Sub-Committee members Steve Rose and Alan Corlin.
Meeting Date: 10/10/05 Item Number: A-9
AGENDA ITEM: Consideration of a Resolution to Adopt a Four (4) Year
Memorandum of Understanding with the Culver City Fire Management Group for
the Period of January 1, 2005 through December 31, 2008 and Rescind Resolution
No 2000-R104
Contact Person/Dept.: Jack Hoffman,
Jerry Fulwood, and Serena Wright
Phone Number: 310-253-5640
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Master Notification List, and the Culver City Fire Management
Group on 10/5/05
Department Approval:
Jerry Fulwood 10/3/05
CAO Approval:
Scott Bixby for Jerry Fulwood 10/4/05
City Controller Approval:
Mary Noller for Marlee Chang 10/4/05City of Culver City, California
City Council Agenda Item Report
DISCUSSION
The MOU that is being presented to the City Council for adoption contains the
following essential changes, along with the attached master revised contract:
(1) Effective January 1, 2006, the Fire Chief and Battalion Chiefs will receive a
2% salary adjustment.
(2) Effective January 1, 2006, all active employees and retirees in the Culver City
Fire Management Group shall pay five percent (5%) of their monthly medical
premiums.
(3) Effective January 1, 2006, the employer paid deferred compensation
contribution shall increase from $125 per pay period to $142.25 per pay
period.
(4) Effective July 1, 2005, the annual physical wellness reimbursement shall
increase from $400 up to $550 in increments of $50 each fiscal year.
(5) Effective with the pay period that included January 1, 2005, the City shall pay
the remaining 3.457% of the PERS employee contribution.
(6) Effective January 1, 2005 the maximum holiday in-lieu time accrual shall
increase from 104 hours to 144 hours for 40 hour employees; and from 156
hours to 216 hours for 56 hour employees.
(7) Medical insurance opt-out provision up to $350 per month with proof of
another existing benefit plan.
(8) Bi-weekly excess sick leave accrual pay out shall increase from 75% to 100%
after accumulated hours reach 1,080 hours for 56 hour employees and 720
hours for 40 hour employees.
FISCAL ANALYSIS
The net increased cost for the four year period of the MOU is within the fiscal
parameters established by the City Council.
The City Controller has reviewed and approved this fiscal analysis.
ATTACHMENTS
Resolution with Master Memorandum of Understanding
MOTIONCity of Culver City, California
City Council Agenda Item Report
That the City Council:
Adopt the Resolution approving the four (4) year Memorandum of Understanding
between the City and the Culver City Fire Management Group for the period of
January 1, 2005 through December 31, 2008 and Rescind Resolution No 2000-
R104.
10/10/05
Consideration of a Resolution to Adopt a Four (4) Year
Memorandum of Understanding with the Culver City Fire
Management Group for the Period of January 1, 2005
through December 31 2008 and Rescind Resolution No
2000-R104
MEETING DATE
AGENDA ITEM
ATTACHMENTS
PAGE
1 Resolution and Master Memorandum of Understanding
1-58RESOLUTION NO 2005-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
WITH THE CULVER CITY FIRE MANAGEMENT
GROUP AND RESCINDING RESOLUTION NO 2000-
R104
WHEREAS, the Culver City Fire Management Group employee
representatives and City representatives have met and conferred and executed a
Master" Memorandum of Understanding
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE AS FOLLOWS|109| The Master Memorandum of Understanding, a copy of which is
attached hereto and made a part hereof, is hereby approved for the period
January 1 2005, through December 31 2008|109| The City Treasurer and the Chief Administrative Officer are
hereby authorized to adjust the budget and the records of employees necessary to pay
the salaries and costs related to the terms of the approved Master Memorandum of
Understanding
APPROVED and ADOPTED this day of 2005
ALBERT VERA MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA City Clerk CAROL A SCHWAB City Attorney|101010101010101010 10
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28MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY FIRE MANAGEMENT GROUP
January 1, 2005 to December 31, 2008TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights
ARTICLE TWO Salanes and Compensation
ARTICLE THREE Work Periods, Schedules, Staffing and Overtime
ARTICLE FOUR Supplemental Benefits
ARTICLE FIVE Leaves of Absence
ARTICLE SIX Working Conditions
ARTICLE SEVEN General Provisions
PARTIES TO THE AGREEMENT
INDEX
Fire Management 2005 — 2008ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY FIRE MANAGEMENT GROUP
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU" is
made by and between the City of Culver City, California, hereinafter called
the "City", and the Culver City Fire Management Group, representing
Battalion Chief, Battalion Chief/Fire Marshal, Battalion Chief/Assistant
Chief, and Fire Chief, hereinafter called "unit employees" This MOU is
made pursuant to the California Government Code Section 3500, et seq
II RECOGNITION |109| The City Council hereby recognizes the Fire Management Group as
representative of the classes of positions of
• Battalion Chief,
• Battalion Chief/Fire Marshal,
• Battalion Chief/Assistant Chief, and
• Fire Chief|109| The Fire Management Group agrees to waive the timely filing
penod_for unit_ modification,as_defined in_the City's Employer-
Employee Relations Resolution (ERR), such that the City may
initiate discussions regarding possible modification of the
bargaining unit regarding Executive Management
III BARGAINING UNIT CHANGES
Any change in the classes which compose the Fire Management Group
Employees unit shall be in accordance with the provisions of the City's
Resolution No CS-7938, as amended
Fire Management 2005 — 2008 Page 1 CCFMG (.:015
CITY' e-Fire Management 2005 - 2008 Page 2 CCFMG
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era
ARTICLE ONE
IV NONDISCRIMINATION
A POLICY
No unit employee shall be subject to discrimination which is
prohibited by applicable federal, state or local law In accordance
with this policy, the City agrees that no unit employee shall be
interfered with, intimidated, restrained, coerced, or discriminated
against because of political opinions or affiliations, race, religious
belief, age, sex, physical or mental disability, or because of the
exercise of his or her rights under this MOU
B FIRE MANAGEMENT GROUP AGREES NOT TO DISCRIMINATE
In accordance with the above policy, the Fire Management Group
agrees not to discriminate against a unit employee because of the
exercise of his or her rights granted under this MOU, or with
respect to admission to membership and the rights of membership
in the Fire Management Group
V DEDUCTIONS
A DUES/INSURANCE CHECKOFF
1 During the term of this M 0 U the Fire Management Group
dues and insurance plan fees (being uniform in dollar
amount for all members) shall be deducted by the City in
twenty four (24) bi-weekly increments from the salary of
each unit employee who has filed a written authorization on
the appropriate City form that such deduction be made
2 A unit employee may cancel a deduction at any time by filing
a written authorization, on the appropriate City form, that
such deduction be discontinued
3 If an Agency Shop exists, an employee may request an
amount equal to the dues to be paid to an approved
charitable organization provided that the employee meets
the criteria set forth in Government Code Section 3502 5
The employee shall be responsible for designating such
organization on the appropriate City form
4 Changes in the amount to be deducted for dues may only be
made twice a year, during the first payroll period beginning in
January and the first payroll period beginning in JulyFire Management 2005 — 2008 Page 3 CCFMG
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ARTICLE ONE
B INDEMNIFICATION
The Fire Management Group agrees to indemnify and hold
harmless the City against all claims, including costs of suit and
reasonable attorney fees and/or other forms of liability arising from
the implementation of the provisions of this Section
VI RIGHTS
A EMPLOYEE RIGHTS
1 Employees of the City shall have the right to form, join and
participate in the activities of employee organizations of their
own choosing for the purpose of representation on all
matters of employee-employer relations including but not
limited to wages, hours, and other terms and conditions of
employment|109| Employees also shall have the right to refuse to join or
participate in the activities of employee organizations
3 No unit employee shall be interfered with, intimidated,
restrained, coerced, or discriminated against by the City or
by any employee organization because of the exercise of
these rights
B CITY'S RIGHTS
The Fire Management Group acknowledges that the City reserves
the right, without the obligation to meet and confer, to make the
final determination as to all matters which are necessary to
manage, control and administer the City's operations including but
not limited to 1 Determining the mission of the City's constituent
departments, commissions and boards,|109| Setting standards of service,
3 Determining the procedures and standards of selection for
employment and promotions, directing unit employees, and
taking disciplinary action,Fire Management 2005 — 2008 Page 4 CCFMG
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ARTICLE ONE
4 Relieving unit employees from duty because of lack of work
or other legitimate reasons, maintaining the efficiency of
governmental operations|1010| Determining the methods, means and personnel by which
governmental operations are to be conducted,|109| Determining the content of job classifications,|1010| Taking all necessary actions to carry out the City's mission
in emergencies,|1010| Exercising control and discretion over the City's organization
and the technology of performing its work,|10 10| Regulating the use of all equipment and other property of
the City,
10 Establishing, altering or disposing of operations,
departments, commissions or boards,
11 Determining the work to be contracted out,
12
Determining the complement of unit employees needed or
assigned to a particular function or work location,
C IMPACT OF CITY RIGHTS|109| With the exception of the impacts of any change in staffing,
the City recognizes its obligation to meet and confer on the
impacts of any decision made by the City under this section
if the impact of the decision affects other terms and
con d tons-of-ern p loym en t--
2 If any provision of this subsection is found to be inapplicable
and/or in conflict with final court decision or decree or state
law affecting Culver City the remainder of this subsection
shall remain in effect
D MODIFYING EMPLOYEE STAFFING LEVELS - WAIVER OF
MEET AND CONFER
1 The Fire Management Group recognizes that the City may
establish and modify employee staffing levels and therefore
agrees to waive all rights pursuant to Section 3500 et seqARTICLE ONE
of the State Government Code relating to meeting and
conferring over any impacts resulting from any changes to
staffing levels
2 In the event the City determines to make a change in staffing
levels, it shall provide the Fire Management Group with a
(sixty) 60 calendar day written notice setting forth the
proposed change(s), prior to taking any action Upon
request by the Fire Management Group, without
unreasonable delay, the City's representatives shall meet
with the Fire Management Group's representatives to
discuss the change(s) and their impact
3 After sixty (60) calendar days from the date written notice is
mailed to the Fire Management Group, the City shall have
the right to implement the change(s) Time limits may be
extended only upon mutual agreement
VII PAID TIME OFF FOR FIRE MANAGEMENT GROUP
REPRESENTATIVES
A RELEASE TIME
1 Leave of absence with pay is authorized for representatives
of the Fire Management Group to attend conferences,
meetings, institutes, or similar affairs (in addition to meet and
confer sessions with City representatives to include
reasonable preparation time)|1010| The total leave granted for the calendar year for the
bargaining unit shall not exceed
•88-hour_per week_employees_oneA undretheighty_bours
(180) hours, or
• 40-hour per week employees one-hundred twenty hours
(120) hours
3 Such leave is subject to prior approval of the Fire Chief and
may be denied if approval requires overtime expenditures for
operational coverage for more than two representatives at
any one time
4 The Fire Management Group may approve payment to a
representative for his/her off-duty time spent for Union
purposes
Fire Management 2005 — 2008 Page 5 CCFMG 4)i
CITY062- ARTICLE ONE
5 In using this leave for such purpose, Fire Management
Group authorized payment shall not constitute wages or
hours worked for computation of overtime in the respective
work period
B USE OF OTHER LEAVES
This special leave of absence will not prohibit unit employees from
requesting and being granted Vacation Leave, Administrative
Leave, or Leave of Absence Without Pay within governing rules
and departmental policies
C RELEASE TIME CERTIFICATION
An officer of the Fire Management Group will certify that the Fire
Management Group is authorizing the unit employee to use the
time This certification is to be signed and attached to the "Request
for Leave of Absence form"
Fire Management 2005 — 2008 Page 6 CCFMG 9
ciTyrg---- Fire Management 2005 — 2008 Page 7 CCFMG
CITY
ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I SALARIES
A SALARY INITIATIVE ORDINANCE
The parties agree that salary adjustments for unit employees
covered herein shall be as provided for by the Police and Fire
Initiative Ordinance as amended herein
"Section 1 SHORT TITLE This ordinance shall be known as
"The Salary Ordinance for Police Officers and Fire Fighters of the
City of Culver City"
"Section 2 DEFINITIONS The words and terms defined in this
section shall have the following meanings in this ordinance
a Base Monthly Salary - the compensation attached to the
positions occupied by employees of the Police Department
or the Fire Department in the job classifications listed in this
ordinance Overtime pay, bonuses, longevity, retirement,
assignment pay, or other special pays are excluded
b Salary Steps - specific salary levels for the classifications of
Police Officer and Fire Fighter The number of steps and
time intervals of their occurrence is determined by the City
and County of Los Angeles' salary steps and time intervals
for comparable positions
c Salary Rate - each hourly salary listed in the Schedule of
Salary Ranges adopted by Resolution CS-7714, as
amended"
"Section 3 SALARIES
a The salary steps for the classification of Police Officer in the
Police Department of the City of Culver City shall be set at
an amount not less than the average of base monthly
salaries for comparable steps in classifications in the Police
Department of the City of Los Angeles and the Sheriffs
Department of the County of Los Angeles
b
The salary steps for the classification of Fire Fighter in the
Fire Department of the City of Culver City shall be set at anARTICLE TWO
amount not less than the average of base monthly salaries
for comparable steps in classifications in the Fire
Department of the City of Los Angeles and the Fire
Department of the County of Los Angeles
The salary for all other classifications in the Police
Department shall be set at an amount not less than the
percentages listed below
Police Classification Salary not less than
Police Sergeant Top Step Police Officer + 15%
Police Lieutenant Police Sergeant + 19%
Police Captain Police Lieutenant + 15%
Assistant Chief of Police Police Captain + 10%
Chief of Police Police Captain + 20%
The salary for all other classifications in the Fire Department
shall be set at an amount not less than the percentages
listed below
Fire Classifica ion ' ' Salary notleii than
Fire Engineer Top Step Firefighter + 15%
Fire Captain Fire Engineer + 15%
Battalion Chief Fire Captain + 19%
Battalion Chief/Fire Marshal Battalion Chief + 15%
Battalion Chief/Assistant Chief Battalion Chief + 15%
Fire Chief Assistant Chief + 15%
Notwithstanding subsections 3a through 3d each salary
step for Culver City Police Officers and Fire Fighters shall be
set at the Salary Rate nearest the amount described in
subsections 3a through 3d
Whenever base monthly salaries for Police Officers or Fire
Fighters are approved for adjustment by the elected
governing body of the City of Los Angeles or the County of
Los Angeles, or both, the City Council of the City of Culver
City within thirty days shall adjust salaries of Culver City
Police Officers or Fire Fighters or both, in accordance with
this ordinance Said salary adjustments shall be effective
the first pay period following the effective date in the City of
Los Angeles or the County of Los Angeles including any
retroactive adjustment of the Base Monthly Salary"
Fire Management 2005 — 2008 Page 8 CCFMG 0,)
CiTARTICLE TWO
"Section 4 APPLICABLE LAWS
a Conditions of employment except the setting of salaries as
herein above stated are based upon and pursuant to
applicable law
b If any section of this Ordinance or part thereof shall be
declared unconstitutional or illegal for any purpose, then the
illegal section shall not affect the validity or legality of the
remaining portion or portions of this Ordinance
B SALARY CALCULATIONS
Salary rates determined as provided in Section 3e of the
Ordinance above shall be set at the rate nearest to, but not less
than, the average rate calculated Differentials between ranks, as
provided in 3d above, and for the addition of special pays, shall be
calculated by multiplying the base rate of the applicable class and
step by the specified percentage amount (rate times 1 xxx), and
shall be set at the salary rate nearest to, but not less than, the
calculated amount
C CONVERSION OF SALARY TABLE
During the term of this MOU, in the event the City converts its
salary range tables to comply with payroll programming
requirements the Fire Management Group agrees that the existing
pay rate of each unit employee will be changed to the rate in the
new table which is nearest to the existing rate and not less than
that established pursuant to the Initiative Ordinance The parties
also mutually agree to discuss a simplified salary schedule with all
hours paid on the fifty six (56) hour basis converting the pay (for
time worked or leave taken or paid) for unit employees in the fort
(40) hour non-suppression assignments by a factor of 1 4 Parties
agree that this payment methodology is intended to resolve pay
differences between forty (40) hour and fifty six (56) hour
employees under current Initiative Ordinance calculations
D SCHEDULE CALENDAR|109| The City agrees to print schedule calendars annually, in
color
• "A' shift in red
• B" shift in blue
• "C" shift in green
Fire Management 2005 — 2008 Page 9 CCFMG *
CITY7e-ARTICLE TWO|109| The schedule calendars shall identify
• payroll periods
• 28-day cycles
• holidays,
• firefighter shift schedules, and
• scheduled hours for each shift in each pay period|109| The size number and type of calendar will be determined
between the Fire Management Group and the Fire Chief
II SALARY ADJUSTMENTS IN ADDITION TO POLICE AND FIRE
INITIATIVE ORDINANCE
A EFFECTIVE WITH THE PAY PERIOD THAT INCLUDES
JANUARY 1, 2006
Effective with the pay period that includes January 1, 2006
(December 26, 2005 through January 8, 2006) unit employees
shall receive a two percent (2%) salary increase above their hourly
salary rate which was effective on December 25 2005
B IN ADDITION TO ANY SALARY ADJUSTMENTS FROM POLICE
AND FIRE SALARY INITIATIVE ORDINANCE
The two percent (2%) salary adjustment as set forth in this section
shall be in addition to any salary adjustments granted through the
Police and Fire Salary Initiative Ordinance
III SUPPLEMENTAL COMPENSATION
A ACTING-PAY
1 Any permanent or probationary employee who is required to
and acts and performs duties included within a higher
classification and which are broader than the specifications
governing such employee's position shall be paid in
accordance with the step and salary range appropriate for
such higher classification in the event that such acting
service extends for a period in excess of eighty (80)
consecutive working hours for 40-hour per week employees
or five consecutive twenty-four (24) hour working shifts for
56-hour per week employee
Fire Management 2005 — 2008 Page 10 CCFMG CITYARTICLE TWO
2 Employees receiving acting pay as set forth above shall
continue to receive the benefits associated with his/her
permanent position and not the benefits associated with the
acting position
IV SPECIAL ASSIGNMENT PAYS
A CERTIFICATE PAY / EDUCATIONAL INCENTIVE|109| COMPENSATION
a Each Fire Management employee who meets the
requirements as listed below shall be paid based on a
salary range pay rate which is approximately thirteen
percent (13%) greater than the base pay for the class
Employees who have not met the requirements upon
adoption of this M 0 U but do so during the term of
the M 0 U shall receive the applicable pay rate
effective the first payroll period after they have met
the requirements|109| REQUIREMENTS
a Possession of a California State Board of Fire
Services Certified
• Fire Officer*, or
• Chief Officer, or
• Fire Marshal certificate
*Effective January 1, 2007, Certified Fire Officer will
no_longer_be_accept d
Ten (10) years of fire suppression experience,
including two (2) years at the rank of Fire Captain or
higher
An Associate of Arts degree in Fire Science or a
Bachelor Degree in any subject
Fire Management 2005 — 2008 Page 11 CCFMGARTICLE TWO
B EMERGENCY MEDICAL TECHNICAL (EMT) CERTIFICATION
PAY
Emergency Medical Technician Pay shall be provided to Fire
Management unit employees at the rate of three percent (3%), as
long as said unit employees maintain EMT Certification
C ASSISTANT FIRE CHIEF / FIRE MARSHAL ASSIGNMENT PAY
1 Battalion Chiefs regularly assigned to administrative
functions such as Assistant Fire Chief or Fire Marshal shall
receive additional assignment pay for significant increases in
management job duties and responsibilities
2 Fire Marshal and Assistant Fire Chief regularly assigned to a
40-hour work week assignment shall receive assignment pay
of fifteen percent (15%) higher than the base salary for
Battalion Chief on the 56-hour suppression assignments
IV USE OF TIMEKEEPING/STAFFING
The City and the Fire Management Group agree to continue discussion
regarding the use of the Telestaff system including changes to policies
that affect wages, hours and working conditions
Fire Management 2005 — 2008 Page 12 CCFMG 1/)
CITYPage 13 CCFMG
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ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES CONSTANT STAFFING AND
EMERGENCY SERVICE REFILL (ESR) PLAN
I WORK SCHEDULE
The appointing authority is authorized to establish work schedules for
employees reporting to him/her subject to the provisions of the MOU
A SHIFT CHANGE
1 The parties acknowledge the mutual benefits the City and
the Fire Management Group receive in having the unit
employees covered herein spend additional time at the time
of shift change to exchange information on the activities,
equipment conditions, and management directives which
occurred during the period the off-going shift was on duty
2 Details regarding shift changes are set forth in the Fire
Department Rules and Regulations and are incorporated
herein by reference
B TIME RECORDS
The City shall provide for the maintenance of records of time
worked including overtime, time docked, and time on leave of
absence
II EQUIVALENT BIWEEKLY, MONTHLY AND ANNUAL RATE|109| Except for Fire Suppression unit employees, equivalent biweekly
pay rates shall be determined by multiplying the hourly rates by
eighty (80) hours, and equivalent annual pay rates shall be
determined by multiplying the hourly rates by two thousand and
eighty (2,080) hours
2 Fire Suppression biweekly pay rates shall be determined by
multiplying the hourly rates by one hundred and twelve (112) hours,
and the equivalent annual pay rates shall be determined by
multiplying the hourly rates by two thousand nine hundred and
twelve (2,912) hours|109| Equivalent monthly pay rates shall be determined by dividing the
equivalent annual rates by twelve (12) months
Fire Management 2005 — 2008ARTICLE THREE
III SUPPLEMENTAL COMPENSATION
A OVERTIME
1 All Fire Management positions covered herein are
considered exempt from the overtime provisions of the Fair
Labor Standards Act (FLSA), pursuant to the specifications
of 29 CFR 541 1
2 The Fire Management Group understands and agrees it is
the nature of Fire Management work assignments that some
overtime may be periodically required to accomplish City
functions|109| Effective October 23, 2000, overtime compensation agreed
to in prior MOUs will be discontinued
B ELIMINATION OF OVERTIME PAY / EMERGENCY SERVICE
REFILL (ESR) PLAN
Concurrent with the elimination of "overtime" pay, the City and Fire
Management establish the Emergency Services Refill (ESR) plan
1 Relief coverage for suppression shifts will be compensated
by straight-time pay at the Battalion Chief forty (40) hour pay
rate, to a maximum of twenty (20) hours per shift
2 Unit employee's leave banks will be maintained, and will be
converted, as necessary, to or from the fifty six (56) hour
value, when the time is taken off|109| The Fire Department will work out an equitable ESR
distribution among affected members|109| The savings achieved by this program will be redistributed to
certificate pay, described below
5 Strike team assignments, and ESR for unit employees
covering shifts for those assigned to strike teams, shall not
be subject to the twenty (20) hour limitation, if such time is
reimbursed to the City
Fire Management 2005 — 2008 Page 14 CCFMGPage 15 CCFMG
CITY
ARTICLE THREE
IV CONSTANT STAFFING
A DEFINITION
"CONSTANT STAFFING" is a concept of employee assignment
under which there is one appointed unit employee on each shift
(platoon) for each authorized (on duty) position At any given time
under constant staffing, one of the three (3) persons assigned to a
position will normally be on duty according to a regular established
schedule
1 The City will observe the principle of "constant staffing," as
provided in Divisions 208 and 209 of the Department Rules
and Regulations
2 There shall be three (3) platoons in the Fire Suppression
Division (A-Shift, B-Shift, and C-Shift) Each platoon will be
regularly scheduled to work no more than seventy-two (72)
hours in a nine (9) day period One shift will constitute a
twenty-four (24) hour work period
3 Members shall not be forced to work a period in excess of
seventy-two (72) hours on platoon duty without a minimum
twenty-four (24) hour period off duty, except in an
emergency situation as determined by the Fire Chief|109| Platoon assignments shall be completed and posted by
December 1st for the next calendar year|109| Annual shift assignments shall begin in January of each new
calendar year
6 There shall be a minimum of three (3) appointed sworn
Battalion Chief positions for fifty six (56) hour personnel
(Suppression)
7 Minimum Standard Fire Department Staffing Schedule
Each on-duty Fire Suppression Platoon will be staffed with
eighteen (18) duly appointed sworn safety members|109| Vacancies will be filled using the Telestaff process and Fire
Department Rules and Regulations
9 The Parties mutually agree that they will meet and confer
regarding any proposed significant or permanent changes in
the current work schedule
Fire Management 2005 — 2008ARTICLE THREE
B TWENTY EIGHT (28) DAY WORK PERIOD
The City hereby establishes a twenty eight (28) day work period
C NO EFFECT ON CITY RIGHTS
This entire section is understood by both parties to have no effect
on the rights reserved to the City pursuant to Article I, City Rights
D HOURS CONVERSION FORMULA
The equivalency conversion formula shall be as set forth below
FROM TO '7 t? EQUIVALENCY FORMULA
40-hour non-suppression
assigned work schedule
56-hour suppression
assigned work schedule 40 hours x 1 4 = 56 hours
56-hour suppression
assigned work schedule
40-hour non-suppression
assigned work schedule 56 hours - 1 4 = 40 hours
V SHIFT CONVERSION
For purposes of clarification the City and the Fire Management Group
have converted "shifts" to "hours" throughout the MOU It is not the intent
of the parties to any way modify, increase, or decrease any portion of this
MOU due to this conversion
VI NON-SUPPRESSION STAFFING — FORTY (40) HOUR ASSIGNMENT
A MINIMUM THIRTY (30) DAY ADVANCE NOTICE
City agrees that the Fire Chief will give a minimum 30-day advance
written notice to unit employees regarding any proposed change in
the number, type or functions of forty (40) hour non-suppression
sworn positions, and will provide an opportunity to discuss the
proposed changes before adding, deleting or modifying such
assignments or positions
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CITY
ARTICLE THREE
VII EMERGENCY SERVICE REFILL (ESR) COMPENSATION
A EXTENSION OF DUTY
Whenever a Fire Management employee is required to extend their
duty shift beyond their regular work assignment shift, they shall be
paid the ESR rate at the unit employees' regular rate of pay for time
worked
B LIMITATIONS
The four (4) hour minimum does not apply to extension of duty
VIII FORCED HIRE CONSTANT STAFFING OR ESR|109| It is understood and agreed that the City will observe the
procedural steps for recalling unit employees for non-
emergency staffing as detailed in of the Fire Department
Rules and Regulations and Telestaff
2 In the event no volunteers are available, and an unit
employee is—mandatonly recalled to work, when he/she
would otherwise be off duty, he/she shall be paid at the ESR
Plan rate for all hours worked until relieved, but not less than
four (4) hours at time and one-half for this non-extension of
duty|109| Four (4) hour minimum does not apply to extension of duty
as defined in Article Three, Section VI A
IX SHIFT TRADE AGREEMENT
A APPROVAL BY CHIEF / NO ADDITIONAL COST
Following the effective date of this MOU, eligible unit employees
may trade shifts subject to the prior approval of the Fire Chief and
subject to the City not incurring any additional costs as a result of
the shift trade
B TRANSFER OF VESTED LEAVE HOURS
1 Unit employees will be allowed to transfer vested leave
hours to another unit employee in the event that a unit
employee is unable to fulfill a trade agreement due toARTICLE THREE
unforeseen bereavement, medical, retirement, promotion, or
personal injury or illness|109| A written explanation shall be submitted to the Fire Chief for
review and approval within thirty (30) days of the event|109| Disputed trade agreements shall be resolved between the
unit employees|109| Both parties of the trade agreement must agree upon the
amount of hours being transferred prior to submission
X CITY RETAINS RIGHTS
City retains the right to add, delete or modify positions and assignments in
its sole discretion after consulting with the Fire Management Group, and
meeting and conferring, as may be required, only over the impact on
wages, hours or terms and conditions of employment of affected unit
employees
Fire Management 2005 — 2008 Page 18 CCFMG
CITY
rFire Management 2005 —2008 Page 19 CCFMG
CITY
ARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I RETIREMENT
A PERS RETIREMENT BENEFITS
As of the effective date of this MOU the City agrees to provide
retirement benefits under the California Public Employees
Retirement System as follows
GOVERNMENT
' CODE SECTION
_
kBENEFIT
20042 One-Year Final Compensation
21024 Military Service Credit as Public Service
21363 1
Base retirement plan of three percent (3%) at age
55 for all eligible unit employees
21548 Pre-Retirement Optional Settlement 2 Death
Benefit
21574 Fourth Level 1959 Survivor Benefit
21624-21626 Post-Retirement Survivor Allowance
B PERS EMPLOYEE RETIREMENT CONTRIBUTION
1 Effective with the pay period that includes January 1,
2005, the City shall pay to the Public Employees' Retirement
System (PERS) the remaining 3 457% of the PERS
employee contribution formerly paid by Fire Management
Group unit employees for the account of each unit employee
in classifications of Battalion Chief, Battalion Chief/Fire
Marshal, Battalion Chief/Assistant Chief, and Fire Chief, as
required by Sect
is currently nine percent (9%) of eligible compensation The
City payment of the nine percent (9%) PERS employee
contribution is non-PERSable This does not include any
special or additional contribution to PERS contracted for by
the unit employee
2 The City does not warrant that the supplemental payment
herein provided for is deferred compensation or qualifies for
tax deferral, and the City is not to be held liable for any such
tax payments as may be determined assessable
•
• • • Iv - Ws • 1ARTICLE FOUR
C WHEN MOU COSTS EXCEED SIX PERCENT (6%) IN A FISCAL
YEAR
The City and Fire Management agree to meet to review options for
cost savings if increases in salary and health insurance costs
exceed six percent (6%) from one fiscal year to the next fiscal year
No reduction in Fire Management compensation or benefits would
occur during the term of the MOU unless agreed to by both parties
in writing
D PRE-RETIREMENT DISTRIBUTION OF ACCRUALS (NON-
PERSABLE
1 A unit employee giving irrevocable notice of his/her intent to
retire within three (3) years (36 calendar months) may have
accrued leaves (which are otherwise payable upon
retirement) distributed in equal installments to his/her
paychecks over the months preceding retirement, with a
minimum duration of (six) 6 months and a maximum duration
of thirty six (36) months
2 Such distributions may be taken as taxable earnings or may
be used for deposit in the deferred compensation account
under the terms of the Section 457 Catch-up provisions|109| Such distributions are not reportable to PERS as
compensation and will not affect PERS retirement benefits
E COMPENSATION REPORTED TO PERS
The City shall report compensation to PERS for unit employee
retirement benefits as required by its contract with PERS and State
law
II MEDICAL INSURANCE
A MEDICAL INSURANCE — PERS MEDICAL PLANS
The City will provide unit employees their eligible dependents, and
retirees and their eligible dependents with medical insurance
provided through the California Public Employees Retirement
System under the Medical and Hospital Care Act (PEMHCA)
Fire Management 2005 — 2008 Page 20 CCFMG
CITY
7,ARTICLE FOUR
B JOINT LABOR / MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE
I PURPOSE OF COMMITTEE AND STUDY
The City and the Fire Management Group agree to
participate in a Joint Labor/Management Health Benefit
Committee which will study the feasibility of withdrawing
from the PERS Health Care Plan and participating in other
employee medical benefit plans|109| MUTUAL AGREEMENT IN WRITING
The City and the Fire Management Group must mutually
agree in writing to change from CalPERS Health Care to
another health care plan
C MEDICAL INSURANCE PREMIUM INCREASES — ACTIVE AND
RETIRED EMPLOYEES - EFFECTIVE JANUARY 1, 2005 (NON-
PERSABLE
Effective January 1, 2005 through December 31, 2005, the City
contribution for medical insurance provided through the PERS
Health plan shall be set at an amount equal to Kaiser South rates
(Employee/retiree, Employee/Retiree and Spouse, and
Employee/retiree and Family, as applicable) plus one-half the
difference between Kaiser South rates and the most expensive plan
rates At all times during the term of this agreement, the City's
contribution for medical insurance shall be sufficient to cover
PERSChoice rates Unit employees and retirees selecting plans
with premiums in excess of the City contribution shall be
responsible for the remaining premium difference
D MEDICAL INSURANCE PREMIUMS — ACTIVE AND RETIRED
EMPLOYEES - EFFECTIVE JANUARY 1, 2006 (NON-
PERSABLE|109| ACTIVE EMPLOYEES AND RETIREES ENROLLED IN
PLANS OTHER THAN PERSCARE
Effective with the pay period that includes January 1,
2006, employees enrolled in medical insurance plans shall
pay five percent (5%) of their monthly medical premiums for
all plans except for active employees and retirees
Fire Management 2005 — 2008 Page 21 CCFMGARTICLE FOUR
enrolled in the PERS Care Plan, the City shall pay the
remaining ninety five percent (95%) of the medical
premiums|109| ACTIVE EMPLOYEES AND RETIREES ENROLLED IN
PERSCARE
Effective with the pay period that includes January 1,
2006, the City s contribution towards the PERSCare Plan
shall be set at an amount equal to the Kaiser South rate plus
fifty percent (50%) of the difference between Kaiser South
and PERSCare rate less five percent (5%) paid by the unit
employee
Example/Formula
$ 576 96 = PERSCare Rate (PCR)
< 294 78> = less Kaiser South Rate (KSR)
$ 282 18 = difference between PCR & KSR
X 50 =
$ 141 09 = 50% difference between PCR & KSR
+ 294 78 = plus KSR
$ 435 87
< 28 85> = less 5% employee contribution
$ 407 02 =
($576 96 [PCR] x 05 = $28 85)
$ 576 96 = PERSCare Rate
<407 02> = less City contribution
$ 169 94 = Employee contribution
MEDICAL PREMIUM PAYMENT
During the term of the MOU should any other recognized City
bargaining unit have an agreement which has a lower amount of
employee medical premium payment than the 5% paid by Fire
Management Group employees, the Fire Management Group
employees shall have the option of accepting or rejecting the same
lower amount of medical premium payment
Fire Management 2005 —2008 Page 22 CCFMG
CITY Page 23 CCFMG
CITY
ARTICLE FOUR
III MEDICAL INSURANCE PREMIUMS — OPTING OUT / CASH OUT
OPTION - EFFECTIVE JANUARY 1, 2006 (NON-PERSABLE)
Effective with the pay period that includes January 1, 2006, unit
employees covered herein may elect to 'opt out' of medical insurance
coverage The intent of this provision is to share premium savings which
the City will incur as a result of the employee canceling City coverage
A EMPLOYEE SPOUSES NOT ELIGIBLE FOR OPT-OUT
A unit employee who is covered as the dependent of a City
employee in the City plan is not eligible for 'opt-out" compensation
Electing to be covered as the dependent of a City employee in the
City plan is not 'opting-out," as the City would continue to pay the
premium for the employee as a dependent
B PROOF OF COVERAGE / WAIVE CITY LIABILITY
Employees electing to cancel City medical insurance coverage for
themselves and all eligible family members must provide proof of
coverage through another (non-City) benefit plan (e g , spouse's
coverage through another employer), and must waive any liability to
the City for their decision to cease coverage under the City's
medical insurance plan
C OPT-OUT CASH VALUE (NON-PERSABLE)
1 Unit employee's electing to opt out will receive the cash
value of the single party rate for the plan which they
canceled, not to exceed three hundred and fifty dollars
($350) per month (non-PERSable) which will be added to
their paycheck|109| If, for any reason PERS determines that an employee may
not opt out this program becomes null and void
D RE-ENROLLMENT IN PERS PLAN
After electing this provision a unit employee who later requests to
re-enroll under the City plan must do so during the open enrollment
period or after a qualifying event Coverage will commence per the
plan document
Fire Management 2005 — 2008ARTICLE FOUR
IV DENTAL INSURANCE
The City will provide and pay the full premium for dental insurance for unit
employees and eligible dependents during the term of this MOU
V VISION INSURANCE
The City will provide a vision care plan and pay the premium for the unit
employee and eligible dependents City retains the right to change
providers at its sole discretion, but will maintain current plan benefits
VI LIFE INSURANCE
During the term of this MOU, the City will provide and pay the premium for
the employees' group term life insurance coverage of $50,000 City
retains the right to change providers at its sole discretion, but will maintain
current plan benefits
VII UNIFORM ALLOWANCE
A INITIAL CLOTHING REIMBURSEMENT
1 Unit employees required to wear City uniforms during the
performance of their duties shall be reimbursed for the initial
purchase of uniform items at the successful conclusion of
the probationary period
2 The amount of reimbursement shall be equal to the full
annual amount in effect at the time of permanent
appointment
B AMOUNT OF UNIFORM ALLOWANCE
1 Permanent unit employees covered herein shall be provided
a biweekly uniform allowance of thirty-six dollars and fifty-
four cents ($36 54) based upon a pro-rated annual
allowance of nine hundred and fifty dollars ($950)|109| In addition to the allowance, the City will provide specific
items of the uniform complement including but not limited to
• Belt buckles • Patches
• Chevron stripes • Uniform and cap badges
• Name tags (e g , embroidery)
• Other required items which attach to the uniform as may be
determined at the sole discretion of the Fire Chief
Fire Management 2005 - 2008 Page 24 CCFMG _di_
CITYCCFMG
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/
ARTICLE FOUR
C CHANGE OF DEPARTMENT UNIFORMS
In the event the City deems it necessary for safety reasons or
identification preference to change the Fire Department uniforms,
the City shall, at no cost to the employee, supply all members with
three (3) sets of work uniforms and one (1) work jacket, unless the
prior work uniform can be replaced through attrition
D UNIFORM ALLOWANCE (PERSABLE)
The City agrees to pay the employee's contribution to the Public
Employees' Retirement System as it pertains to uniform
reimbursement amounts The annual retirement contribution shall
be based on the above stated amounts for the term of the MOU
VIII SAFETY EQUIPMENT
A REQUIRED SAFETY EQUIPMENT
Safety equipment necessary for the performance of required duties
and/or required by law shall be supplied to the members of the
Culver City Fire Department at City expense
B CITY SUPPLIED REQUIRED SAFETY ITEMS|109| The City will supply and replace for use of the employee the
following items of safety equipment
• Brush pants • Hose ropes
• Brush jacket • Nomex hoods
• Chalk • Safety boots
9 . # es
a A
0 at II •n 6.
• Flashlights • Spanner wrenches
•
Gloves
•
Turnout boots
• Goggles
•
Turnout coat
•
Helmet • Turnout pants
•
Helmet shield
• Any other related equipment the Department deems
necessary for the purpose of emergency operations|109| Safety equipment will not be purchased from clothing
allowance funds
Fire Management 2005 — 2008 Page 25CITY
ARTICLE FOUR
IX COMMUNICABLE DISEASES
A RISK FROM COMMUNICABLE DISEASES
1 The City, the Fire Department and the Fire Management
Group recognize that fire fighting personnel are exposed to a
higher than average risk from communicable diseases
2 Therefore, those personnel exposed to such risks should
submit industrial accident claims with as much information
as is available, as soon as known|109| The City agrees to process such claims within seven (7)
working days of submission
B PREVENTIVE MEASURES
The City agrees to make available to all members of the Culver City
Fire Department any preventive vaccines, periodic tests, and
documentation recommended by the Culver City Fire Department
Medical Director and the Culver City Fire Department
Communicable Disease Guidelines Policy
C ANNUAL IMMUNIZATIONS, TESTING AND DOCUMENTATION
1 Each year all members will be offered applicable
immunizations, testing and documentation including but not
limited to the following
• Hepatitis
• Tetanus/Diphtheria
• Influenza
• Tuberculosis
• Sib, Mumps dI1U iuUeIid
2 The schedule of immunizations shall be determined between
the Fire Department and Risk Management according to
recommended frequencies
X WORKER'S COMPENSATION
A RIGHTS AND BENEFITS GRANTED BY STATE LAW
Worker's compensation rights and benefits for fire safety
employees shall be governed by applicable State law
Fire Management 2005 —2008 Page 26 CCFMG ________Fire Management 2005 — 2008 Page 27 CCFMG
CITY
ARTICLE FOUR
B OFF-DUTY WORK
Unit employees that are assigned by the Fire Department to work
off-duty details (i e, studio details or other off-duty work which the
City has determined to require the assignment of Fire Department
employees, and for which an employer other than the City assumes
responsibility for compensation to the off-duty Fire employees) shall
nevertheless be considered employees of the City of Culver City for
purposes of workers' compensation and industrial disability
retirement benefits for any injuries received during such duty
C LABOR CODE SECTION 4850 / TEMPORARY TOTAL
DISABILITY (TTD) / EXTENDED LEAVE
1 When a unit employee covered herein is injured in the
course of employment and unable to work, he/she is may be
placed on a leave of absence pursuant to the Worker's
Compensation laws of the State of California and Labor
Code Section 4850
2 If a unit employee's paid leave extends beyond the term
covered by the above provision, the unit employee may
supplement temporary disability payments with accrued sick
leave and accrued vacation
3 The City or unit employee may initiate a disability retirement
application at any time during the disability period that the
unit employee s condition is found to be permanent and
stationary
4 When a disabled unit employee's temporary disability
payments stop, the unit employee may elect to utilize
accumulated sick leave or vacation leave credits to continue
on paid leave, subject to normal deductions
XI PHYSICAL WELLNESS
A ANNUAL REIMBURSEMENT
1 If Risk Management and the Fire Chief agree that the bi-
annual physical examination is optional, the Fire
Management employee may elect to waive the bi-annual
physical and request reimbursement up to the maximum
amount per fiscal year as set forth in the following tableARTICLE FOUR
Effective July11, 3120064
, 6- • '6', , ''''' 46 "0 P6 ' ' % % rg,' 6-` '
and annually thereafter on July
„fjscat . Year ,
(Jaly tr —June 30th)
Maximum
,
Amount ,
2005 — 2006 $450
2006 — 2007 $500
2007 — 2008 $550
2008 — 2009 $550|109| Reimbursement shall be for one or more of the following
purposes
• Medical examination by the health provider of the unit
employee's choice
• Membership in a health club or fitness center
• Other formal wellness programs provided by
professionals (smoking cessation, weight control,
nutrition, or similar programs)
• Reimbursement for medical expenses (deductibles or
co-payments) not covered by the employee's health,
dental or vision insurance
3 Wellness reimbursement for expenses other than a physical
examination shall be contingent upon acceptable proof to the
Fire Chief of a physical examination at a minimum of every
other year Acceptable proof can be in the form of a
physician or physician's assistant written certification of
• Physical exam consisting of a cardiac stress test,
pulmonary function test, eye exam and hearing test, or
• A signed certification of medical fitness under the Culver
City Fire Department Respiratory Protection Program|109| The Fire Chief is exempt from the Respiratory Protection
• s • -
m_ Requirements
5 Reimbursement to the unit employee for his/her expenditure
for one or more of the above purposes shall be
accomplished by submitting applicable receipts and a
request for reimbursement (Requisition) through the
department head to Accounting
B CARRY-OVER OF UNUSED WELLNESS FUNDS
1 Funding for this program will be carried in the Fire
Department budget in an amount sufficient to cover the
number of eligible Fire Management employees
Fire Management 2005 — 2008 Page 28 CCFMG
cri-VPage 29 CCFMG
CITY
/
ARTICLE FOUR|109| Unused funds may be carried over from one fiscal year to
the next fiscal year only as set forth in the following table
Fiscal Year
(July 1st -June 30 th)
Benefit
Amount
Maximum Amount
(Prior fiscal year carry over
plus current fiscal year
benefit amount)
July 1 2004 — June 30 2005 $400 $ 800 ($400 + $400)
July 1 2005 — June 30 2006 $450 $ 850 ($400 + $450)
July 1 2006 — June 30 2007 $500 $ 950 ($450 + $500)
July 1 2007 — June 30 2008 $550 $1,050 ($500 + $550)
July 1 2008 — June 30 2009 $550 $1,110 ($550 + $550)
3 Each eligible unit employee and his/her department are
responsible for maintaining the records necessary to
implement a carry-over
C MEDICAL RECORDS
Medical records resulting from this program and provided to the
City shall be maintained in confidential medical files separate from
personnel or administrative files
XII MEDICAL CERTIFICATE - CLASS B DRIVERS LICENSE
1 Unit employees may be required to undergo a physical examination
to maintain their medical certificate for a California Department of
Motor Vehicles Class B Driver License to drive and operate
Department vehicles as a condition of employment, or to obtain
other medical examinations as a requirement of employment
2 If a unit employee has any such required medical certificate or
examination the employee on their own time will be required to use
their annual Physical Wellness reimbursement to obtain the
medical certificate or examination
XIII DEFERRED COMPENSATION
A VOLUNTARY DEFERRED COMPENSATION PLAN
1 City agrees to provide a deferred compensation plan as a
benefit to Fire Management employees Plan specifications
and details are determined pursuant to IRS Code Section
Fire Management 2005 — 2008ARTICLE FOUR
457 and the organizations providing the investment and
savings program for such deferred compensation|109| Plan documents are maintained by and copies may be
obtained from the Personnel Department
3 The City does not warrant that amounts deposited in the
deferred compensation plans are "qualified" for tax deferral
and is not to be held liable for such tax payments as may be
determined assessable
B CONVERSION OF HOLIDAY PAY TO VOLUNTARY DEFERRED
COMPENSATION
1 The City will permit unit employees covered hereunder a
one-time annual election to convert In-lieu (holiday) pay at
each unit employee's regular hourly rate of pay, for deposit
into their deferred compensation plan, up to a maximum of
• 56-hour employees 144 hours per calendar year
• 40-hour employees 96 hours per calendar year|109| Such election must be made by December 10, for deposits
to the plan commencing in January of the succeeding year|109| Amounts deferred for deposit shall be deducted from the
employee's bi-weekly accrual
C CITY CONTRIBUTION TO VOLUNTARY DEFERRED
COMPENSATION (NON-PERSABLE)
1 Effective January 1, 2005 through December 31, 2005,
the City's contribution to deferred compensation shall be
$125 00 per pay period (non-PERSable) The maximum
contribution shall only be paid to Fire Management
employees contributing at least $76 25 per pay period For
unit employees contributing less than $76 25 the City will
contribute a dollar-per-dollar match
2 Effective with the pay period that includes January 1,
2006, the City s contribution to deferred compensation shall
be one-hundred forty-two dollars and twenty-five cents
($142 25) per pay period (non-PERSable) The maximum
contribution shall only be paid on behalf of Fire Management
employees contributing at least $76 25 per pay period For
unit employees contributing less than $76 25, the City will
contribute a dollar-per-dollar match
Fire Management 2005 — 2008 Page 30 CCFMG
CITY,
/ARTICLE FOUR
3 Each unit employee may contribute to only one plan at any
time The City retains the right to change plan administrators
and investment vehicles to preserve the integrity of
deposited assets, but will discuss proposed changes with
affected employee organizations prior to making the change
4 The plan is a benefit and as such the contribution by the
City on behalf of the unit employee shall not change the unit
employee's salary classification range|109| Unit employees may, at their option, contribute in excess of
the City's matching contribution per pay period to the plan
XIV ON-DUTY DEATH/FUNERAL BENEFIT
A FUNERAL BENEFIT
Should any Fire Management Group employee die in the line of
duty, the City will provide the family of the unit employee a funeral
benefit payment of $7,500
B BENEFIT ABOVE PERS / LABOR CODE PROVISIONS
This benefit shall be payable over and above any benefit payable
through PERS or Labor Code provisions
C PAYMENT
Payment to the beneficiary shall be made as soon as possible, but
in no event later than fifteen (15) working days following the death
Fire Management 2005 —2008 Page 31 CCFMG _ 4
CITYFire Management 2005 - 2008 Page 32 CCFMG
CITY
ARTICLE FIVE
ARTICLE FIVE
LEAVES OF ABSENCE
I POLICY
It shall be the policy of the City to grant leaves of absence to permanent
and probationary employees for the purpose of rest and relaxation, and for
recuperation from Illness based on each employee's total length of
service with the City Employees are expected to take advantage of the
vacation provisions afforded them in order to maintain their mental and
physical health
II ACCUMULATION, USE AND REQUESTS FOR LEAVE
A ACCUMULATION OF LEAVE
1 The unit employee's anniversary date (date of original
employment adjusted for breaks in service) shall determine
the category of leave accumulation
2 Unit employees shall continue to accumulate sick and
vacation leave when on authorized leave with pay of any
kind
B FORMULAS FOR EQUATING LEAVE HOURS
When a unit employee changes assignments, accrued leave on the
books shall be converted using the equivalency formula as set forth
below
FROM. 4t., *TO, e , EQUIVALENCY FORMULAte
40 his per week 56 his per week Number of Accrued Leave Hours x 1 5
56 his per week 40 his per week Number of Accrued Leave Hours - 1 5
C USE OF LEAVE|109| Leave of absence shall be taken in multiples of one (1) hour|109| Unit employees can take up to the total amount of
accumulated leave creditFire Management 2005 — 2008 Page 33
ARTICLE FIVE
3 Charges against sick leave or vacation leave credits shall be
made for only those days on which regularly assigned work
would be performed
D ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave credit
may be approved for use by the Chief Administrative Officer
E REQUESTING LEAVE
1 Except as otherwise provided, no leave of absence with pay
shall be granted to any unit employee without the approval of
the Fire Chief
2 Whenever possible, unit employees shall file a request for a
leave of absence through Telestaff, and shall receive
approval before taking such leave
3 When conditions prevent a prior request, the unit employee
upon return from said leave may be required to file a report
explaining the conditions which prevented a prior request
F FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior request, in the absence of extenuating
conditions shall be grounds for disciplinary action
III HOLIDAY / IN-LIEU TIME
A BI-WEEKLY HOLIDAY IN-LIEU ACCRUAL RATE
Effective with the pay period that includes January 1, 2005, unit
employees shall be credited with holiday in-lieu leave, to be
accrued each bi-weekly pay period on a pro-rata annual basis, to
the maximum as set forth below
Hours
worked per
week
Bi-weekly
Accrual Rate
Monthly
Accrual Rate
Annual
Accrual Rate
Maximum
Annual
Accrual
Balance
56 hour
employees
6 hrs 13 hrs 156 hrs 216 hrs
40 hour
employees
4 hrs 867 hrs 104 hrs 144 hrsFire Management 2005 — 2008 Page 34 CCFMG
CITY
ARTICLE FIVE
B ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL
HOLIDAY IN-LIEU
1 A balance not to exceed the maximum accrual as set forth in
the table in Section II A above, may be maintained by the
safety unit employee Accruals which would exceed this
maximum balance will be paid to the affected unit employee
as earned
2 If time is taken off to reduce the individual unit employee's
balance to less than the maximum he/she can accrue once
again to the maximum allowable|109| Upon retirement or separation, unused in-lieu time will be
paid out (non-PERSable) to a maximum of
• 56-hour employees 216 hours at the 56-hour rate
• 40-hour employees 144 hours at the 40-hour rate
C HOLIDAY IN-LIEU TIME TAKEN OR PAYOFF|109| Holiday in-lieu time may be taken as time off duty with pay,
or may be paid to the unit employee in-lieu of time off
2 Payments may be requested with advance notice to Payroll
on or prior to any Payday Friday for payment to appear on
the paycheck following two-weeks later
3 Any unit employee whose accrual of holiday in-lieu time
would exceed the maximum shall be paid on the bi-weekly
paycheck for the excess amount|109| Unit employees may also elect to be paid bi-weekly for
annual accruals for the purpose of making deferred
•110 - 1 - II II I II
D AUTHORIZED HOLIDAY ROUTINE
Unit employees shall have authorized holiday routine as provided
for in Division 308 of the Department Rules and Regulations
IV VACATION
A ELIGIBILITY FOR VACATION
1 All permanent and probationary unit employees shall be
eligible to take vacation leave after serving twelve (12)
months employment with the City2
The benefit shown in each category shall commence upon
entering the first day of the new category as follows
Fire Management 2005 — 2008 Page 35 CCFMG
CITY
i/
ARTICLE FIVE
2 At the completion of the twelve (12) months the unit
employee shall be credited with vacation time earned in the
prior year, including time spent on provisional or temporary
appointments
3 Accumulated vacation time earned shall be shown on each
paycheck stub following the end of the initial twelve (12)
month period
B ACCRUAL OF VACATION
1 Vacation hours shall accrue each pay period at one twenty-
sixth (1/26) of the annual rate (i e annual accrual rate
divided by 26)|109| Unused vacation shall accumulate to the maximum allowed
below|109| Exceptions to the maximum allowable accruals may be
granted by the Chief Administrative Officer, or his/her
,
, designee to meet exceptional departmental staffing needs
,
4 No vacation shall be authorized for leave or payment unless
the vacation is accrued prior to the time of the vacation,
except as authorized by the Chief Administrative Officer
C MAXIMUM ANNUAL VACATION ACCRUAL|1010| Vacation time may be accrued to a maximum of twice the
unit employee's annual accrual
2 Vacation accrued after reaching the maximum balance shall
be paid to the unit employee in the regular paycheck for
each pay period
D TABLES OF VACATION LEAVE BENEFITS
1 The Tables of Vacation Leave Benefits shown below sets
forth the number of working hours per year to which a unit
employee is entitled as a paid vacation leave benefit a
- "
ARTICLE FIVE
TABLE OF VACATION LEAVE BENEFITS
,
FORTY 40 HOUR WORK SCHEbULE:
danc)
72ml year
3_71 thii/
9tn Year
10th Oyu
14,4 Year
15 thru
. 9t ,kYear ,
2 20 Yrs and
above
96 hrs 112 hrs 144 hrs 152 hrs 192
hrs
192 hours plus 8
hours for each
year over 20
-
FIFTY SIX (56) HOUR WORK SCHEDULE
,
1 6' and
214 year
3rd thru
9th Year
10th thru
14th Year
15th thru
19th Year
20 Years and above
144 hrs 168 hrs 216 hrs 228 hrs
288 hours plus 12 hours
for each year over 20
E INJURY ON-DUTY (I0D) OR EXTENDED SICK LEAVE STATUS
1 Unit employees off on IOD or extended sick leave
(exceeding ninety [90] calendar days) may request to accrue
excess vacation if they are unable to take such vacation time
off because of the IOD or sick leave status
2 Such excess accruals must be used within six (6) months
following the unit employee's return to work, or it shall be
paid to the unit employee in a lump sum on their paycheck
F PRESCHEDULED LEAVE|109| Prescheduled leave (January 1 through March 1) for
Award Leave time shall be taken in increments of twenty
four (24) hours for fifty-six (56) hour employees or the length
of the regular workday for 40-hour employees
2 Any leave less than twenty-four (24) hours under the
prescheduled leave window shall be considered
unscheduled vacation leave and will be allowed only if a
volunteer is selected
Fire Management 2005 —2008 Page 36 CCFMGFire Management 2005 — 2008 Page 37 CCFMG
CITY
ARTICLE FIVE
G UNSCHEDULED LEAVE
1 Unscheduled leave (after March 1) for vacation in-lieu
(holiday) and/or Service Award Leave shall be a minimum
of
• 56-hour employees one (1) hour
• 40-hour employees one (1) hour
2 This can be done if there are volunteers willing to work the
time requested off (no member can be compelled to work
under this section)
H UNAUTHORIZED USE OF VACATION
Vacation shall not be used in-lieu of accumulated sick leave or
when sick leave request is disapproved
I MAXIMUM ACCUMULATION OF VACATION
1 Vacation time may be accumulated to a maximum of twice
the unit employee's annual accrual Vacation accrued after
reaching the maximum balance shall be paid to the unit
employee in the regular paycheck for each pay period
2 The maximum consecutive vacation time, including any
holiday in-lieu time attached to the vacation that a unit
employee can select in a single selection is one year's
accumulation|109| The second year's vacation time goes into the Telestaff
distribution system
4 If no volunteers are found the member desiring the time off
must find voluntary relief for those days in excess of one
year's accumulation
J BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS
Vacation time which accumulated in excess of the maximum
allowed each unit employee shall be paid in cash on the next
regular bi-weekly paycheck, thereby bringing the unit employee's
vacation balance to no more than the maximum allowable (except
as provided in this articleARTICLE FIVE
K VACATION PAYOFF UPON TERMINATION
Any unit employee who terminates employment shall be paid for
such vacation time accrued but unused as of the date of the
termination
V SICK LEAVE
A ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the unit employee has
completed three (3) full months of service including time spent on
provisional or temporary appointment
B ACCRUAL OF SICK LEAVE
Sick leave credit accrues each bi-weekly pay period pro-rated on
an annual basis as follows
• 56-hour employees shall be credited with twelve (12) hours of
sick leave for each month of service
• 40-hour employees shall be credited with eight (8) of sick leave
for each month of service
C MAXIMUM ACCUMULATION OF SICK LEAVE|1010| The maximum accumulation of sick leave time per unit
employee is as follows
• 56-hour employees 1,080 hours maximum
• 40-hour employees 720 hours maximum|1010| Sick leave may be taken in increments of one (1) hour or
more
D PAYROLL REPORTING|109| Absences shall be deducted only for time during which duty
has been assigned
2 Payroll shall prepare and maintain a record of sick leave
accumulated and shall deduct sick leave first from the
current annual accrual and then, if necessary, from the
balance of total accumulated sick leave
Fire Management 2005 — 2008
Page 38 CCFMG
CIARTICLE FIVE
E PROCEDURE, USE AND VERIFICATION OF SICK LEAVE |109| Vacation time may not be used for disapproved sick leave|109| With proper verification sick leave may be allowed for the
following
• Personal illness or injury of the unit employee,
• Illness of the unit employee's spouse registered sex
domestic partner or child,
• Medical or dental appointments
• Cases of quarantine, or
• Where exposure to contagious disease would endanger
the health of other employees
3 The unit employee shall notify his/her immediate superior
within one day of the beginning of sick leave or pursuant to
the rules of the department
4 Upon return to duty, the unit employee shall present
evidence of the necessity of sick leave, if so requested by
the appointing authority
5 At the end of the second day of sick leave the appointing
authority may request verification to be made by a qualified
person
6 For absences of over two (2) days, a medical certificate from
a qualified physician, chiropractor or practitioner may be
required|109| The responsibility of proving the validity of a request for sick
leave shall be upon the unit employee
F BONUS PLAN - BI-WEEKLY PAYOFF OF UNUSED SICK LEAVE
ACCRUAL / NON-PERSABLE — EFFECTIVE JULY 1, 2005
1 As set forth in the Tier 1 table below upon reaching the
maximum accumulation of unused sick leave accrual, the
unit employee will thereafter be paid in each pay period
(non-PERSable) for one-half (50%) of the unused sick leave
accrual for that pay period, the remaining one-half (50%) will
then be accumulated as additional sick leave until Tier 2 is
reached
Fire Management 2005 — 2008 Page 39 CCFMGARTICLE FIVE
TIER 1 SICK LEAVE BONUS PLAN
RATE
MONTHLY
ACCRUAL
RATE /
(lat weekly
accrual rate)
MAXIMUM
ACCUMULATION
AMOUNT OF
BI WEEKLY
SICK LEAVE PAYOFF
@ 50%
(Non PERSable)
AMOUNT OF
BI WEEKLY
SICK LEAVE
ACCRUED
@ 50%
40 hr 8 hours /
(3 7 hours)
384 hours 1 85 hrs x 40 hr rate
(1/2 [50%] of bi weekly
accrual rate of 3 7 hrs)
1 85 hours
56 hr 12 hours /
(5 5 hours)
576 hours 2 77 hrs x 56 hr rate
(1/2 [50%] of bi weekly
accrual rate of 55 hrs)
2 77 hours
2 Effective with the pay period that includes July 11, 2005
as set forth in the Tier 2 table below, upon reaching the
maximum accumulation of unused sick leave accrual, the
unit employee will thereafter be paid (non-PERSable) in
each pay period for one hundred percent (100%) of the
unused sick leave accrual for that pay period
TIER 2 SICK LEAVE BONUS PLAN
RATE
MONTHLY
ACCRUAL
RATE /
(IN weekly
accrual rate)
MAXIMUM
ACCUMULATION
AMOUNT OF
BI WEEKLY
SICK LEAVE PAYOFF
@ 100%
(Non PERSable)
40 hr 8 hours /
(3 7 hours)
720 hours # of hrs of unused sick
leave accrual in excess of
720 hours x 40 hr rate
56 hr 12 hours /
(5 5 hours)
1 080 hours # of hrs of unused sick
leave accrual in excess of
1080 hours x 56 hr rate
G SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION (NON-PERSABLE)
For unit employees resigning or retiring from City employment
unused accumulated sick leave will be paid (non-PERSable) on
the following basis|109| With retirement or favorable resignation after ten (10) years
(120 months) or more of satisfactory City service, all
accumulated sick leave accrual will be added to the unit
employee's vacation accrual bank
Fire Management 2005 —2008 Page 40 CCFMG
CITYFire Management 2005 — 2008 Page 41 CCFMG
CITY'|1010|ARTICLE FIVE|109| Any payoff under this benefit is non-PERSable
H SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE
Upon a unit employee s death his/her heir or estate shall be
entitled to receive the same accumulation and conversion benefit
payoff as the unit employee would have received were he/she alive
and had favorably resigned or retired after ten (10) years (120
months) of City Service Any payoff under this benefit is non-
PERSable
VI PRE-RETIREMENT DISTRIBUTION OF ACCRUALS / ENHANCEMENT
PLAN (NON-PERSABLE)
A THIRTY SIX (36) MONTH NOTICE OF RETIREMENT -
IRREVOCABLE
A unit employee giving irrevocable notice of his/her intent to retire
within three (3) years (36 calendar months) may have accrued
leaves, which are otherwise payable upon retirement, distributed in
equal installments to his/her paychecks over the months preceding
retirement with a minimum duration of six (6) months and a
maximum duration of thirty-six (36) months
B OPTIONS
Such distributions may be taken as taxable earnings, or may be
used for deposit in the deferred compensation account under the
terms of the Section 457 Catch-up provisions
C NON-PERSABLE
Such distributions are not PERSable and not reported to PERS as
compensation and will not affect PERS retirement benefits
VII MISCELLANEOUS LEAVES WITH PAY
A BEREAVEMENT LEAVE
1 Any employee who is compelled to be absent from duty
because of a death in the immediate family shall be allowed
time necessary to be absent with pay without deduction from
accrued sick leave vacation or in-lieu (holiday) time as
followsARTICLE FIVE
• 56-hour employees not more than seventy-two (72)
hours per incident
• 40-hour employees not more than forty-eight (48) hours
per incident|109| Immediate family is defined as follows
• Brothers
• Children
• Child's Spouse
• Grandchildren
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings' Spouse
• Sisters
• Spouse
• Spouse s Brothers
• Spouse's Grandparents
• Spouse's Parents
• Spouse's Sisters
• Stepchildren
• Stepparents
3 Should the list of specified family members be increased in
any other Culver City bargaining unit MOU, the additional
provisions shall apply to this unit
4 The City may require verification of the death of a member of
the immediate family Verification may include any printed
record or notice of the death (e g newspaper obituary
notice, mortuary leaflet or card, etc )
5 If special circumstance exists wherein a unit employee
believes another person reasonably substitutes for one of
the foregoing, (i e foster parent, legal guardian, foster child,
legal ward etc ) the unit employee must register that special
circumstance with the Personnel Department in writing in
advance in order to qualify for the leave
13—EMERGENCY-LEAVE 1 An emergency leave of absence with pay may be granted by
the Appointing Authority to any unit employee because of
family illness, legal matters, non work related court
appearances home emergencies (e g burst water heater,
or sudden structural damage) etc providing the unit
employee may have such leave charged to his/her sick
leave, in-lieu (holiday), compensatory time, service award
leave or vacation leave accounts|109| All emergency leaves of absence shall be limited to forty-
eight (48) working hours within any calendar year, except
Fire Management 2005 — 2008 Page 42 CCFMG
CITYARTICLE FIVE
that Fire Suppression employees shall be limited to seventy-
two (72) hours per calendar year|109| Verification of all emergency leaves may be required by the
Appointing Authority
C JURY DUTY LEAVE
1 A unit employee called to active jury service during
scheduled work days shall receive his/her regular
compensation for such time served to a maximum of ten (10)
working days (five [5] shifts for Suppression) for each
subpoena for jury service|109| The unit employee will forfeit jury fees to the City, but shall
retain any mileage compensation provided
3 Unit employees working other than a Monday through Friday
daytime schedule may be reassigned to such a schedule
during jury duty service if possible, or to another schedule
compatible with employee and department interests
4 Jury service required on a unit employee's off-duty day is not
compensable by the City, and the unit employee may retain
jury compensation for such days
5 In the event the unit employee is required to serve in excess
of ten (10) compensated work days (or five [5] shifts in
Suppression), he/she may use accrued leave and retain
excess jury fees for that period|109| The unit employee shall be responsible for providing proof of
jury service upon his/her return to work
7 Specific procedures for jury duty leave with pay, consistent
with this provision shall be established in Fire Department
Rules and Regulations
D OUTSTANDING PERFORMANCE LEAVE
1 The City may grant up to three (3) days off with pay to unit
employees rewarded for outstanding performance or
provide other forms of recognition pursuant to Civil Service
Rules 1|109| Leave may be taken pursuant to prescheduled or
unscheduled leave policy
Page 43 CCFMG 1n )'
CITY
Fire Management 2005 — 2008ARTICLE FIVE
E RELIGIOUS SERVICES LEAVE
1 Unit employees shall be permitted to attend or observe
religious services or holidays of major theological
importance, which occur during work hours provided that
• the work load of the organization so permits, and
• the appointing authority authorized the absence
2 Time taken shall be charged to the unit employee's
accumulated in-lieu holiday vacation or service award leave
time
F MILITARY LEAVE
Military leave with pay shall be granted in accordance with
applicable state federal and municipal law, and applicable City
policies
G VOTING LEAVE
1 Unit employees shall be permitted leave to vote as required
by California Elections Code Section 14350-14352, if the unit
employee cannot otherwise get to the polling place during
non-working hours
2 Leave may be provided at the beginning or end of the
normal work shift whichever permits the opportunity to vote
with minimal interruption of work responsibilities
3 Unit employees shall be required to give a minimum three
3) day notice of the need for leave, obtain advance
approval and submit proof of voting
H SCHOOL ACTIVITY LEAVE
1 Pursuant to California Labor Code Sections 230 7 and
230 8 parents of school-age children shall be allowed leave
from their jobs with or without pay, as may be necessary to
participate in school activities such as parent-teacher
conferences, disciplinary matters school programs and
related events with their children
Fire Management 2005 — 2008 Page 44 CCFMG
CI alegFire Management 2005 — 2008 Page 45 CCFMG|109| CI
ARTICLE FIVE
2 Such leave is limited to forty (40) hours per school year at a
maximum of eight (8) hours per month for 40-hour and 56-
hour (suppression) employees
3 This limit shall not apply when a unit employee is required to
appear in the school of his/her child pursuant to a request
from the school administration pertaining to disciplinary
action|109| Suppression employees shall take a minimum of six (6)
hours for force hiring back a member|109| Members will not be force hired if a suppression employee
requests any time off less than the six (6) hour minimum|109| Members can volunteer to work any time less than the six (6)
hour minimum
7 School activity leave for less than six (6) hours shall fall
under the same procedures as filling unscheduled vacation
leave
8 School Activity Leave for six (6) hours or more shall fall
under the same schedule procedure for pre-scheduled
vacation leave as set forth in the Fire Department Rules and
Regulations
9 Unit employees must give three (3) calendar days advance
notice to the employer to permit work coverage, and may be
required to provide documentation from the school that the
employee participated in the activity on the specific date and
time
10 Leave properly requested in advance shall not be denied
11 Unit employees may take accrued leave with pay (vacation,
compensatory time in-lieu holiday or service award leave)
for School Activity Leave purposes
I TRAINING LEAVE
1 Fire Management employees shall be entitled to paid leave
time for approved voluntary job-related training upon
approval by the Fire Chief|109| Should such approved training occur on a unit employee's
scheduled day off unit employee will be paid for the hoursFire Management 2005 — 2008 Page 46 CCFMG
CITY
ARTICLE FIVE
actually spent in such training at the hourly rate normally
paid to that unit employee when on duty
3 Fifty six (56) hour Suppression unit employees will be
entitled to a maximum of (sixty [60] hours) 2 5 shifts per
calendar year|1010| Forty (40) hour unit employees will be entitled to a maximum
of forty two (42) hours per calendar year
J
PAYOFF OF ACCRUAL UPON DEATH OF AN EMPLOYEE
(NON-PERSABLE)
When separation is caused by the death of an employee
separation pay and other accrued moneys owed shall be paid (non-
PERSable) to the designated beneficiary of such employee as filed
with the Personnel and Employee Relations Director
VIII LEAVES OF ABSENCE WITHOUT PAY
A VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY
1 Any unit employee is entitled to present to his/her appointing
authority a request for leave of absence without pay not to
exceed one (1) year The unit employee shall indicate the
basis of the leave in his/her request
2 Leaves of absence without pay may be granted for illness
exceeding accumulated sick leave, child care absences
exceeding pregnancy disability leave special education
special duty for another governmental agency, extension of
vacation time, seeking political office or any other reason
which is deemed to be in the best interests of City
government
3 Verification of such requests shall be required by the
Appointing Authority who shall attach the evidence of
verification to the proper form (Personnel Action)|1010| Any leave without pay must be approved by the Chief
Administrative Officer pursuant to Civil Service RulesARTICLE FIVE
B LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY
(30) CALENDAR DAYS|109| For any leave of absence without pay in excess of thirty (30)
calendar days the employee shall
• Notify the appointing authority where he/she can be
reached if not at his/her residence of record, and
• How long the employee will be absent
2 In the absence of such written notification, any notice or
correspondence to the employee shall be mailed or
delivered to the employee s residence of record
C DURATION OF LEAVE OF ABSENCE WITHOUT PAY|109| Employees shall be advised of the duration of approved
leave of absence without pay|109| Such leave may be cancelled at any time by the Chief
Administrative Officer if he/she determines that
• The employee is not expected to return by the
conclusion of the scheduled leave of absence without
pay,
• The employee s conduct is inconsistent with the
purpose(s) of the approved leave of absence without
pay, or
• The basis for the leave of absence without pay is no
longer valid|109| If the City intends to cancel an approved leave of absence
without pay the employee shall
•Be-notified-of
to provide additional information in support of the leave
of absence without pay, or
• Return to work within five (5) working days after receipt
of such notice|109| If the employee fails to respond or return to work he/she
shall be deemed to have resigned from his/her position
Fire Management 2005 — 2008 Page 47 CCFMG Page 48 CCFMG
CITY
ARTICLE FIVE
D RETURN FROM LEAVE OF ABSENCE WITHOUT PAY
1 Upon return from a without pay exceeding thirty (30)
calendar days the employee s anniversary dates shall be
adjusted to exclude such leave time for the purpose(s) of
• Performance evaluation dates
• Step increase dates
• Seniority for promotional examinations and
• Benefit accrual calculations
2 Upon return from a leave of absence without pay exceeding
thirty (30) calendar days occasioned by illness or disability of
the employee, the employee may be required to provide
such medical information as required by the City s physician
to ascertain the employee's fitness for duty Failure or
refusal to provide this information may delay the employee's
return to work, and may constitute grounds for disciplinary
action
E CITY INITIATED LEAVE WITHOUT PAY
The City may place a unit employee on leave without pay for non-
disciplinary reasons when the status of the unit employee, due to
injury or other involuntary circumstances cannot be covered by
paid leave time
F
BENEFIT / ACCRUAL ELIGIBILITY WHILE ON LEAVE OF
ABSENCE WITHOUT PAY|1010| No month shall be counted for benefit eligibility or for the
accumulation of vacation or sick leave when the employee is
•01 - I e l • .
I • I 6-111 •|109| *II*
without pay, or has a break in service of more than thirteen
(13) work days, or seven (7) shifts in Fire Suppression in
that month
2 No biweekly period shall be counted for eligibility periods or
for the accumulation of vacation or sick leave when the
employee is absent on leave without pay or has a break in
service of more than sixty five percent (65%) of the working
hours in the biweekly period|109| An employee on unpaid leave of absence under this section
shall be responsible for the payment of insurance premiums
Fire Management 2005 — 2008ARTICLE FIVE
in any month when there is insufficient paid leave available
or authorized to maintain benefited status except when the
employee has been authorized for Family Medical Leave Act
(FMLA)
IX FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY
RIGHTS ACT (CFRA)
1 This section does not purport to provide all the provisions of law,
but summarizes the general intent at the time this MOU was
adopted|109| Specific details of the State and Federal laws relating to FMLA and
CFRA are available in the Personnel Department
3 Unit employees and department management must contact the
Personnel Department to verify current provisions and
requirements
4 Failure to do so could result in a misunderstanding of rights and
obligations, and could cause loss of leave benefits or loss of
insurance coverage
A ELIGIBILITY FOR FMLA AND CFRA|109| Pursuant to State and Federal laws, employees shall be
eligible for Family and Medical Leave of absence (FMLA) for
• The birth of a child of the employee,
• Disability due to pregnancy — FMLA only,
• The placement of a child with an employee in
connection with the adoption or foster care of that
employee,
• The care of the employee's child with a serious health
condition
• The care of a spouse or parent with a serious health
condition or
• The employee's own serious health condition
2 Such leave rights apply to all employees with twelve (12)
months or more service with the City prior to the leave
request who have worked a minimum of 1,250 hours in the
preceding twelve (12) months
Fire Management 2005 — 2008 Page 49 CCFMG
CITY ./y1 The employee shall be required to use sick leave for any
FMLA illness or medical-related absence, and may use
vacation or other accrued leaves if sick leave has been
exhausted
Fire Management 2005 — 2008 Page 50 CCFMG
CITY
ARTICLE FIVE 1
B EMPLOYEE RIGHTS UNDER FMLA|109| The maximum amount of leave shall be twelve (12) weeks in
a twelve (12) month period|109| The twelve-month period is rolling and is measured
backward from the date leave is used|109| Leave may be taken as days off or intermittent or modified
work schedules|109| The employee is guaranteed a return to his/her position at
the end of approved leave
5 During the 12-work week FMLA period, the City shall
maintain the employee's medical, dental, life and vision care
insurance
C APPROVAL PROCESS FOR FMLA
1 Employees must give 30-days advance written notice, on a
form provided by the City, of the need for such leave, unless
the absence could not be anticipated In such cases, the
employee must give notice as soon as possible
2 Verification by the attending physician or health care
provider will be required for absences relating to the
employee's or family member's serious health condition
3 The Personnel Department shall determine if the leave
qualifies under the Family and Medical leave laws and may
determine the commencement date
D PRIVACY UNDER FMLA
For privacy reasons the City may not require specific medical
diagnosis of a family member's health condition but such
information may be provided for the employee's own illness or
condition with the health care providers certification of the need for
the leave
E USE OF ACCRUALS WHILE ON FMLA ARTICLE FIVE|1010| FMLA shall run concurrently with Pregnancy Disability
Leave
F EXPIRATION OF FMLA
Upon expiration of FMLA leave if the employee remains on unpaid
leave he/she shall be responsible for maintaining his/her insurance
benefits, either by use of sufficient accrued paid leave or by
payment of the required premiums
IX PREGNANCY DISABILITY LEAVE (PDL)
1 Pregnancy Disability Leave of up to four (4) months, with or without
pay, shall be provided to employees covered herein pursuant to the
Fair Employment Housing Act (FEHA)
2 Such leave shall be granted for disability of the employee,
determined by a physician for the duration of such disability,
provided however, that the cumulative unpaid leave for disability
and non-disability reasons shall not exceed one year|109| Pregnancy Disability Leave without pay shall not be granted until
accrued sick leave has been exhausted|109| Employees may voluntarily use accrued vacation or other paid
leave before commencing unpaid leave
X UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
1 An employee absent without authorization for three (3) or more
consecutive days and/or work shifts and who fails to contact
his/her supervisor to providelustification for the absence, shall be
considered to have abandoned his/her position and resigned from
City employment as of the third day or third shift of absence
2 The employee shall be notified by his/her appointing authority that
the City considers him/her to be absent without leave and that
under this section, a separation (resignation) will be processed|109| Such notification shall be made pursuant to the procedures for
notification of intent to discipline as provided in Civil Service Rules
4 The employee may be reinstated, subject to disciplinary action for
other causes if adequate justification for the absence is provided to
the appointing authority prior to the end of the notification period
Fire Management 2005 — 2008 Page 51ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I SENIORITY
A SENIORITY LISTS
1 The City shall establish seniority lists and shall inform each
unit employee of their seniority status Seniority status may
give a unit employee priority preference in work schedules,
including shifts where the City is able to offer unit
employees a choice
2 Unit employees commuting to work in a carpool, and
therefore dependent on co-workers for transportation, may
also be given preference in work assignments and
schedules to accommodate the carpool arrangement
B SENIORITY WITHIN CURRENT CLASSIFICATION
1 Seniority as used herein, is determined by the length of
service a unit employee has been in the position of the
current classification and is only applicable for the purposes
stated herein
2 When two or more unit employees are appointed on the
same date, seniority among those unit employees shall be
based upon the rank order of those unit employees on the
eligible list from which they were appointed, with the highest
ranking unit employee being considered the most senior
II SAFETY RULES
1 It is of mutual benefit to the City and to the Fire Management unit
employees represented in this M 0 U to be fully aware of all safety
rules and regulations regarding employment duties
2 The intent of this clause is to work towards preventing job-related
injuries to unit employees and damage to both public and private
property
Fire Management 2005 — 2008 Page 52 CCFMG CITYFire Management 2005 — 2008 Page 53 CCFMG
CITY
ARTICLE SIX
3 It is the responsibility of all unit employees as a condition of
employment with the City to be aware of, to follow and to enforce
the City's safety rules regulations policies and procedures or be
subject to disciplinary action in accordance with the Civil Service
Rules
III GRIEVANCE
A classified unit employee grievance shall be processed as provided for in
the City's Civil Service Rules
IV DISCIPLINE
Disciplining of classified unit employees shall be as provided in the City's
Civil Service RulesFire Management 2005 — 2008 Page 54 CCFMG
CITY
ARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
I TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1 2005 and together with all the terms
conditions and effects thereof, shall expire as of midnight on December 31
2008
II EMERGENCY WAIVER
In the event of circumstances beyond the control of the City such as acts of
God, fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, the provisions of this Memorandum of Understanding shall not
restrict the City's ability to respond to these emergencies
III SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase,
or provision of this Memorandum of Understanding be found to be inoperative
void or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding In the event of such
invalidation, the City and the Fire Management Group agree to meet and confer
in good faith to determine an alternate equivalent article section, subsection
subdivision, sentence, clause, phrase or provision
L
The parties agree that all conditions of employment as they pertain to
employees covered by this MOU, subject to meet and confer provided for by
the City's Civil Service Rules Ordinances Resolutions, Departmental Rules
and Regulations or Policy Statements in effect prior to the date of this MOU,
unless specifically provided for to the contrary in this MOU shall remain in
force and effect during the term of this MOU and shall not be changed
unilaterally by the City through exercise of its rights under Article One of this
MOU Any changes to the Civil Service Rules shall be as provided thereinARTICLE SEVEN
V FULL AGREEMENT AND IMPLEMENTATION
A TOTAL PACKAGE
The offers submitted herein are a total package and not to be construed
as agreement on any individual item All other proposals are rejected
B WAIVER OF MEET AND CONFER
This MOU contains all of the covenants, stipulations, and provisions,
agreed upon by the parties Therefore for purposes of this MOU neither
party shall be compelled to meet and confer with the other concerning
any issue whether specifically discussed prior to the execution of this
MOU or which may have been omitted in the meet and confer process
which led up to the execution of the MOU except by mutual agreement
of the parties
C COMPLIANCE
1 If the effective date or the implementation of any benefit in this
MOU cannot be adhered to as the result of law regulation, or
policy outside the control of the City, the City will take action on
the first date on which it has authority to take action in compliance
with such law, regulation or policy to effectuate the benefit
2 Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU, except as specifically
provided herein
D OBLIGATION TO SUPPORT
The parties agree that upon tentative agreement being reached on a
successor MOU and prior to the implementation of this successor MOU
and during the time of its being considered by the City Council for action
neither the Fire Management Group nor the City nor their authorized
representatives will appear before the City Council, nor meet with the
City Council members individually to advocate any addition or deletion to
the terms and conditions to this MOU However, this section shall not
preclude the parties from appearing before the City Council, nor meeting
with individual members of the City Council to advocate or urge the
adoption and approval of this MOU
CITYge___
Fire Management 2005 - 2008 Page 55 CCFMG C106 ARTICLE SEVEN
VI RATIFICATION AND IMPLEMENTATION
A ACKNOWLEDGEMENT
The City and Culver City Fire Management Group acknowledge that this
Memorandum of Understanding shall not be in force and effect until
ratified by a simple majority vote of unit employees voting who are in
classifications represented by the Culver City Fire Management Group
set forth in this agreement and adopted in the form of a resolution of the
City Council
B MUTUAL RECOMMENDATION — APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU
by the parties hereto to the City Council that one or more ordinances
and/or resolutions be adopted and implemented accepting its provisions
and effecting the changes enumerated herein relating to wages, hours,
benefits and other terms and conditions of employment for unit
employees represented by the Culver City Fire Management Group
C RATIFICATION
Subject to the foregoing, this Memorandum of Understanding is hereby
ratified and agreed to be recommended for approval by the authorized
representatives of the City and Culver City Fire Management Group and
entered into this 21st day of September 2005
Fire Management 2005 — 2008 Page 56 CCFMG
CITYArlf
Joh roffman,
L for Rp tons Con
Afiarlee Chang
City Controller
Serena Wright
Deputy Personnel Director
CULVE FIRE MANAGEMENT GROUP CITYs CU VER Cl
gotiator Chris Sellers, Chief Negotiator
Fir Management Group
Ric
Culver
Ilagher
Fire Management Group
a Coll
Personnel Services Analyst
Fire Management 2005 - 2008
Page 57 CCFMG
CITY
ARTICLE SEVEN
PARTIES TO THE AGREEMENT
In witness whereof the parties hereto have caused this agreement to be executed this day of CULVER CITY FIRE MANAGEMENT GROUP CITY OF CULVER CITY, CA
Chris Sellers, President Jerry Fulwood
Culver City Fire Management Group Chief Administrative Officer