City of Culver City, California
Agenda Item Report
Meeting Date: 12/12/2011 Item Number: C-7
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Three (3)
Year Memorandum of Understanding with the Culver City Firefighters Local 1927,
AFL-CIO for the Period of January 1, 2012 through December 31, 2014, with the
Option of an Additional One (1) Year Extension.
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (12/08/11); Culver City
Firefighters Local 1927, AFL-CIO (12/08/2011)
Department Approval:
Serena Wright (12/05/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (12/08/11)
Chief Financial Officer Approval:
Jeff Muir (12/08/11)
City Manager Approval:
John M. Nachbar (12/08/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a three (3)
year Memorandum of Understanding (MOU) with the Culver City Firefighters Local
1927, AFL-CIO for the period of January 1, 2012 through December 31, 2014, with
the option of an additional one year extension.
BACKGROUND:
The Memorandum of Understanding (MOU) with the Culver City Firefighters Local
1927, AFL-CIO (CCFF) is due to expire on December 31, 2011. After meeting and
conferring on a successor MOU, the City and CCFF have reached agreement
resulting in a three (3) year contract.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and adoption
achieves a number of organizational goals and sets the City on a sustainable path in
controlling its future personnel costs. Some key elements include:
• Creating a second tier system for pension and retiree medical benefits for new
employees City of Culver City, California
Agenda Item Report
• Employees contributing to the CalPERS pension account
• Converting to a defined contribution benefit for employee health benefits and
capping the annual growth to 4%
• Modifying retiree medical for active employees and new hires
The specific essential changes to the MOU are as follows:
Term
1. The term of the contract is three (3) years. CCFF has the option to extend the
agreement one additional year.
Pension
2. The City will create a second tier for all new employees that are hired after
approval of the California Public Employees’ Retirement System contract
amendment. These employees will participate in the CalPERS 3% @ 55
pension plan and shall be required to pay the entire 9% CalPERS employee
contribution rate. Final pension compensation shall be based on the highest
average full-time monthly pay rate for a 3-year period.
3. Effective January 1, 2012 all employees shall be responsible for payment of
the entire 9% CalPERS employee contribution rate.
Certificate Pay
4. Effective January 1, 2012 unit employees hired prior to the adoption of the
MOU shall be eligible to receive 9% Firefighter II Certificate pay. This is
achieved by advancing salary increases due under the Salary Initiative
Ordinance into certificate pay. This certificate pay shall be reduced up to 6%
commensurate to future Salary Initiative Ordinance increases. New
employees will not be eligible for this certificate pay.
Active Employee Health Benefits
5. Effective January 1, 2012, all unit employees shall participate in the CalPERS
cafeteria plan for health benefits including medical, dental, vision and/or life
insurance. The monthly allowance shall be:
Single party: $ 642.00
Two-party: $ 1,103.00
Family Coverage: $ 1,370.00
This includes the contribution set forth by the California Public Employees’
Medical and Hospital Care Act (PEMHCA) under Government Code 22892. The
statutory minimum amount for 2012 is $112.00 per month per employee and City of Culver City, California
Agenda Item Report
increases annually based on the medical component of the Consumer Price
Index - Urban. Effective January 1, 2012, and each year thereafter, the monthly
allowances shall be adjusted by the average premium increase for the plans
offered by CalPERS, but the increase shall not exceed 4% annually.
Retiree Medical
6. Upon implementation, unit employees hired after July 1, 2011 shall receive the
statutory PEMHCA minimum towards retiree medical benefits. In addition,
employees will be required to participate in a retiree health savings plan in which
the City shall match the first $25 per pay period.
Employees hired prior to July 1, 2011, with a minimum of five (5) years City
service, shall be eligible to receive up to $500.65 per month based on plan
enrollment towards retiree medical benefits for the retiree only and an additional
$437 per month for pre-65 spousal or dependent coverage subject to vesting.
Effective January 1, 2012, and each year thereafter, the monthly allowances
shall be adjusted by the average premium increase for the plans offered by
CalPERS, but the increase shall not exceed 4% annually.
Employees hired prior to July 1, 2011 that, as of December 31, 2011, have
twenty (20) or more years of CalPERS service (not counting “Air Time”) or, unit
employees that retire by January 1, 2022 with twenty-five (25) years or more of
Culver City service shall be grandfathered into the City’s retiree medical program
as described in the 2005 – 2008 (and extended through 2011) CCFF MOU.
Miscellaneous
7. Increase compensatory time banks from 180 hours to 240 hours.
8. Amendments in various places of the MOU have been made for
administrative ease and/or clarification.
FISCAL ANALYSIS:
There will not be an immediate savings realized with the creation of a second retirement
tier. However, in the long-term, the lower benefit formula will result in a reduction in the
employer contribution rates as turnover in the workforce occurs.
Savings from CCFF employees paying a portion of the employer contribution rate to
CalPERS will phase in over the course of the next three years. By the end of the
contract, the estimated savings to the General Fund are $250,000 per year. This
savings will increase over time as more turn over takes place.
City of Culver City, California
Agenda Item Report
Implementing a cafeteria plan for benefits is not expected to result in significant savings
in 2012. However, by converting to a specific dollar allowance and implementing a 4%
annual cap on future growth, the City has achieved more budgetary certainty in these
costs moving forward. To the extent that the medical premiums from CalPERS rise by
more than 4% in any given year, the City will experience on-going savings.
During Fiscal Year 2011/2012 the City engaged an actuary to complete a valuation of
the City’s total liability for the existing retiree medical benefit. Because the City is not
currently doing any pre-funding of this benefit, the liability for all current retirees and
employees was calculated at over $200 million, with a required annual contribution of
over $11 million. Based on current estimates, retiree medical benefit changes
negotiated in the MOU’s reduce the liability and required annual contribution amount by
20%. At the completion of negotiations with all of the groups, a new actuarial report will
be completed to recalculate the City’s total liability.
ATTACHMENTS:
1. Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt the Resolution approving a three (3) year Memorandum of Understanding
between the City and the Culver City Firefighters Local 1927, AFL-CIO for the
period of January 1, 2012 through December 31, 2014, with the option of an
additional one (1) year extension.
MEETING DATE: 12/12/11
AGENDA ITEM: Adoption of a Resolution Approving a Three (3) Year
Memorandum of Understanding with the Culver City Firefighters Local 1927,
AFL-CIO for the Period of January 1, 2012 through December 31, 2014, with
the Option of an Additional One (1) Year Extension
ATTACHMENTS
Pages
1. Resolution and Master Memorandum of Understanding 1 - 60 I
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RESOLUTION NO. 2011-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 FIREFIGHTERS' LOCAL
1927 AFL-CIO AND RESCINDING RESOLUTION NO.
2008-R089.
WHEREAS, the Culver City Firefighters' Local 1927 AFL-CIO 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:
1. 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, 2012, through December 31, 2014, with the Culver City Firefighters' Local
1927, AFL-CIO having the option to extend the Memorandum of Understanding an
additional year through December 31, 2015.
2. The City Manager and Chief Financial 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.
/
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-1- APPROVO, A- • Ill
dr iffipar r A
L A. SCHWAB, City Attorney CA
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3. Resolution No. 2008-R089 is hereby rescinded.
APPROVED and ADOPTED this day of
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST:
MARTIN R. COLE, City Clerk
Al 1-00814
2011.
-2- ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY FIREFIGHTERS LOCAL 1927, AFL-CIO
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 Culver City Firefighters, Local 1927, AFL-CIO, representing
the Fire Fighters, Engineers and Captains, hereinafter called the "Union".
This MOU is made pursuant to the California Government Code Section
3500, et seq.
II. RECOGNITION
The City hereby recognizes the Union as the exclusive representative of
the Firefighters, Engineers and Captains, hereinafter called the
"Employees" or "Members."
III. BARGAINING UNIT CHANGES
Any change in the classes which compose the Fire Safety Employees unit
shall be in accordance with the provisions of the City's Resolution No.
2008-R009, as amended.
IV. NONDISCRIMINATION
A. POLICY
No 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 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.
Firefighters MOU 2011-2014 Page 1 ARTICLE ONE
B. UNION AGREES NOT TO DISCRIMINATE
In accordance with the above policy, the Union agrees not to
discriminate against an 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 Union.
V. AGENCY SHOP
The City will afford the Union the opportunity to exercise the Agency Shop
provisions of the Government Code Section 3502.5 based on a petition
signed by a majority of the bargaining group.
VI. DEDUCTIONS
A. DUES/INSURANCE CHECKOFF
1. During the term of this MOU Union dues and insurance plan
fees shall be deducted by the City bi-weekly in twenty-six
(26) increments from the salary of each employee who has
filed a written authorization, on the appropriate City form,
that such deduction be made,
2. A fee of ten cents ($0.10) for the processing of each dues
deduction taken will be assessed by the City and deducted
bi-weekly. The aggregate amount of such deductions, less
the aggregate amount of the charges assessed, shall be
remitted to the Union.
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/insurance
plans may only be made twice a year during the first payroll
period beginning in January and the first payroll period
beginning in July.
Firefighters MOU 2011-2014 Page 2 ARTICLE ONE
B. INDEMNIFICATION
The union 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.
VII. RIGHTS
A. EMPLOYEE RIGHTS
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
employer-employee relations including but not limited to wages,
hours, and other terms and conditions of employment. Employees
also shall have the right to refuse to join or participate in the
activities of employee organizations. No 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 Union 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;
2. Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing employees, and
taking disciplinary action;
4. Relieving employees from duty because of lack of work or
other legitimate reasons and maintaining the efficiency of
governmental operations;
5. Determining the methods, means and personnel by which
governmental operations are to be conducted;
Firefighters MOU 2011-2014 Page 3
r-5 ARTICLE ONE
6. Determining the content of job classifications;
7. Taking all necessary actions to carry out the City's mission
in emergencies;
8. Exercising control and discretion over the City's organization
and the technology of performing its work;
9. 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 employees needed or
assigned to a particular function or work location;
13. Establishing and modifying employee staffing levels,
including any impacts resulting from any changes to staffing
levels;
14. Performing all other functions not specifically made subject
to the meet and confer process elsewhere in this MOU.
C. IMPACT OF MANAGEMENT RIGHTS
1. 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
conditions of employment.
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 Union recognizes that the City may establish and modify
employee staffing levels and therefore agrees to waive all
Firefighters MOU 2011-2014 Page 4
LP ARTICLE ONE
rights pursuant to Section 3500 et. seq. 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 Union with a 60 calendar day
written notice setting forth the proposed change(s), prior to
taking any action. Upon request by the Union, without
unreasonable delay, the City's representatives shall meet
with the Union's representatives to discuss the change(s)
and their impact.
3. After 60 calendar days from the date written notice is mailed
to the Union, the City shall have the right to implement the
change(s). Time limits may be extended only upon mutual
agreement.
VIII. PAID TIME OFF FOR UNION REPRESENTATIVES
A. RELEASE TIME
1. Leave of absence with pay is authorized for representatives
of the Union to attend conferences, meetings, institutes, or
similar affairs (in addition to meet and confer sessions with
City representatives to include reasonable preparation time).
2. The total leave granted for the calendar year for the
bargaining unit shall not exceed:
• 56-hour employees: one-hundred eighty (180) hours
• 40-hour employees: one-hundred twenty (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 Union may approve payment to a representative for
his/her off-duty time spent for Union purposes.
5. In using this leave for such purpose, Union authorized
payment shall not constitute wages or hours worked for
computation of overtime in the respective work period.
Firefighters MOU 2011-2014 Page 5
1 ARTICLE ONE
B. USE OF OTHER LEAVES
This special leave of absence will not prohibit employees from
requesting and being granted Vacation Leave, Leave of Absence
Without Pay, or the use of Accumulated Compensatory Time off
within governing rules and departmental policies.
C. RELEASE TIME CERTIFICATION
An officer of the Union will certify that the Union is authorizing the
employee to use the time. This certification is to be signed and
attached to the "Request for Leave of Absence form."
Firefighters MOU 2011-2014 Page 6
0
0 ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY INITIATIVE
The parties agree that salary adjustments for 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.
Firefighters MOU 2011-2014 Page 7
ot ARTICLE TWO
b. The salary steps for the classification of Fire Fighter in the
Fire 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 Fire
Department of the City of Los Angeles and the Fire
Department of the County of Los Angeles.
c. The salary for all other
Department shall be set at
percentages listed below:
Pollee Classification
Police Sergeant
Police Lieutenant
Police Captain
Assistant Chief of Police
Chief of Police
classifications in the Police
an amount not less than the
Salary not tess than
Top Step Police Officer + 15%
Police Sergeant + 19%
Police Lieutenant + 15%
Police Captain + 10%
Police Captain + 20%
d. The salary for all other classifications in the Fire Department
shall be set at an amount not less than the percentages
listed below:
Fire Classilicatioti Salary not less 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 — Battalion Assistant Chief + 15%
Chief/Assistant Chief
e. 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.
f. 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".
Firefighters MOU 2011-2014 Page 8 ARTICLE TWO
"Section 4. APPLICABLE LAWS
a. Conditions of employment, except the sefting 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 3(e) 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 3(d) 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
The City agrees to make payroll system and Salary Table
adjustments that accurately convert pay rates between 56-hour
shift rates and 40-hour shift rates. Pay rates based on shift
assignments shall be modified by a factor of 1.4 as outlined below:
Parties agree that this payment methodology is intended to resolve
pay differences between 40 hour and 56 hour employees under
current Initiative Ordinance calculations.
;FRO
40-hour non-suppression
pay rate
56-hour suppression pay
rate
•
56-hour suppression pay
rate
40-hour non-suppression
pay rate
PONACMY FORMULA:
40 pay rate ÷ 1.4 = 56 pay rate
56 pay rate x 1.4 =40 hours
D. SCHEDULE CALENDAR
1. The City agrees to print schedule calendars annually, in
color:
• "A" shift in red
• "B" shift in blue
Firefighters MOU 2011-2014 Page 9 ARTICLE TWO
• "C" shift in green
2. The schedule calendars shall identify:
• payroll periods,
• 24-day cycles
• holidays,
• shift schedules, and
• scheduled hours for each shift in each pay period.
3. The size, number and type of calendar will be determined
between the Union and the Fire Chief.
II. 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.
2. During that period of acting service, unit employees that are
off on a scheduled holiday in-lieu day or compensatory day
shall be paid at the acting pay rate for such time. All other
leave time shall be paid at the employee's regular rate of
pay, except as provided for below in Article Two Section ll
(A) (3).
3. When the unit employee has worked in one continuous
acting assignment in excess of three (3) months, he/she
shall receive the acting pay rate for vacation or other paid
leaves taken after the 90th calendar day.
4. 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.
Firefighters MOU 2011-2014 Page 10 ARTICLE TWO
III. SPECIAL ASSIGNMENT PAYS
A. FIREFIGHTER I CERTIFICATE PAY
Effective January 1, 2012, unit employees employed by the City
prior to the adoption of this MOU that possess a Firefighter
Certificate shall receive an additional 9% in compensation. The 9%
increase is achieved through advancing 6% of future salary
increases granted by the County of Los Angeles Fire Department
and/or the City of Los Angeles Fire Department and is due under
the Salary Initiative Ordinance. 3% is provided as a credit in lieu of
participating in Government Code section 20636 (c) (4).
The Firefighter I Certificate shall be reduced by the first 2% of
Salary Initiative Ordinance increases provided as a result of the
City of Los Angeles Fire Department 2011 -2014 MOU as follows:
• .5% - effective July 1, 2012
• 1% - effective January 1, 2013
• .5% - effective July 1,2013
Additionally, the Firefighter I Certificate shall be further reduced by
4% commensurate with salary increases provided by the County or
City of Los Angeles salary increases beyond those granted by the
City of Los Angeles through March 2014. Therefore, at the
conclusion of the 4% reduction, the Firefighter I Certificate shall be
reduced to 3%.
B. PARAMEDIC ASSIGNMENT PAY
Firefighters certified as Paramedics shall receive a minimum of
their respective Firefighter 56-hour base salary plus an additional
fifteen percent (15%) bonus during such assignment.
C. 40-HOUR WORK ASSIGNMENT PAY
Any unit employee assigned to any of the Firefighter 40-hour
appointed work assignments shall be compensated
1.
as
follows:
46-hour Appointed Work
Assignment
Administrative Captain
nsation during such _
assignment shall be:
Fire Captain (F3) + 15%
Fire Inspector/PIO
Fire Prevention/Inspector
Maintenance Officer
Firefighter (F-1F) + 15%
Firefighter Top Step (F-1 F) + 15%
Fire Captain (F3) + 15%
Senior Fire Inspector/Assistant
Fire Marshal
Training Officer
Firefighter Top Step (F1 F) + 20%
Fire Captain (F3) + 15%
Firefighters MOU 2011-2014 Page 11 ARTICLE TWO
Captains and Engineers maintaining required State of
California paramedic licenses and LA County Department of
Health Services paramedic certification shall be paid at a
rate of five percent (5%) above their base salary.
D. EMT-CERTIFICATION PAY
1. Effective during the term of this MOU, all employees covered
herein shall be required to have, and thereafter maintain,
EMT-1 certification, and shall be compensated for such
certification at a rate seven percent (7%) above their base
salary. EMT-1 certification is contained in Title 22 of the
California Code of Regulations (CCR), and the scope of
practice can be found in the Los Angeles County Pre-
Hospital Care book.
2. The City shall pay for and provide members with the training,
education and on-duty time to maintain EMT-1 certification.
In the event any member does not pass their EMT-1
certification, they shall have the time, training and education
provided on duty to pass the recertification exam.
3. If Culver City loses its ability to administer the EMT-1 test, or
there are any changes in the EMT program mandated by the
State or the County, the City shall meet and confer with the
Firefighters over those proposed changes without affecting
any other provisions of this MOU.
4. Unit employees on probationary status shall not qualify for
7% EMT-1 Certification pay until they receive EMT-1
Certification.
IV. EDUCATIONAL INCENTIVE PAY / EFFECTIVE JANUARY 1, 2006
A. PURPOSE
The purpose of Educational Incentive Pay is to:
• Motivate unit employees to achieve higher education;
• Enhance career development;
• Increase the professional standards of the department; and
• Increase the level of service to the community.
Firefighters MOU 2011-2014 Page 12 ARTICLE TWO
B. COMPENSATION
1. Unit employees who possess a combination of an accredited
college degree or accredited college units* plus years of
service shall be eligible to receive compensation above their
base salary as follows:
Accredited Degree Plus pen
sa
or Years Above
Accredited Units* of Service
B4s_e Sala
2% AA / AS I 60.units*
I 8 years
BA/ BS
MA! MS
120 units*
150 units*
6 years
4 years
4%
6%
*Accredited college units earned through the Culver City
Fire Department's on-duty IN-SERVICE COLLEGE
TRAINING PROGRAM shall not be considered eligible for
Education Incentive Pay. These college units can be used
towards attaining an accredited college degree.
2. All compensation for Educational Incentive Pay shall be
awarded only to the highest level of degree or educational
units achieved — compensation is non-cumulative.
C. ACCREDITED COLLEGE UNITS
1. All unit employees must obtain their educational college or
university units from a college or university accredited by an
organization recognized by the United States Department of
Education (USED) or the Council for Higher Education
Accreditation (CHEA).
2. Unit employees must provide proof of accredited college
units to the City to be eligible to receive Education Incentive
Pay.
V. USE OF TIMEKEEPING/STAFFING
The City and the Union agree to continue discussion regarding the use of
the Telestaff system including changes to policies that affect wages, hours
and working conditions.
Firefighters MOU 2011-2014 Page 13
t5 ARTICLE FOUR
ARTICLE THREE
WORK PERIODS, SCHEDULES, CONSTANT STAFFING AND OVERTIME
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.
During the term of this agreement, unit employees shall work a 48/96 work
schedule as outlined in the Fire Department's Rules and Regulations.
A. SHIFT CHANGE
1. The parties acknowledge the mutual benefits the City and
the Union receive in having the 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.
C. CLEANING AND MAINTENANCE PROGRAMS
The parties also agree that employees covered herein will continue
the cleaning and maintenance programs on the equipment and
facilities provided by the City for the Fire Safety operation.
II. CONSTANT STAFFING
"CONSTANT STAFFING" is a concept of employee assignment under
which there is one appointed 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.
Firefighters MOU 2011-2014 Page 14
0,49 ARTICLE FOUR
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.
4. Platoon assignments shall be completed and posted by December
1st for the next calendar year.
5. Annual shift assignments shall begin in January of each new
calendar year.
6. There shall be a minimum of fifty-one (51) sworn positions for 56-
hour personnel (Suppression), as follows:
• Twelve (12) duly appointed Fire Captains
• Twelve (12) duly appointed Fire Engineers
• Twenty-seven (27) duly appointed Firefighters in which a
minimum of fifteen (15) are assigned as Paramedics
7. Minimum Standard Fire Department Staffing Schedule: Each on-
duty Fire Suppression Platoon will be staffed with seventeen (17)
duly appointed sworn safety members, not including ranks of
Battalion Chief or above.
Vacancies will be filled using the Telestaff process and Fire
Department Rules and Regulations.
9. The standard staffing level shall be as follows:
a. Each Fire Suppression Company shall be commanded and
supervised by a duly appointed Fire Captain
b. Each Piece of motorized fire apparatus shall be driven and
operated by a duly appointed Fire Engineer.
c. Three (3) pieces of fire apparatus shall be staffed by at least
one (1) duly appointed Firefighter or Firefighter/Paramedic.
d. One (1) piece of apparatus shall be staffed by two (2) duly
appointed firefighters or firefighter/paramedics.
Firefighters MOU 2011-2014 Page 15
fl ARTICLE FOUR
e. Motorized fire apparatus shall consist of three (3) engines
and one (1) truck.
f. Rescue ambulances shall consist of two (2) rescue
ambulance/paramedic units and shall be staffed by two (2)
firefighter/paramedics per unit.
10. The work schedule as defined in Division 308.05 of the Rules and
Regulations may seem extremely structural, indicating to the
minute the company activities for each day. The intent, however, is
for the schedule to be a flexible framework in which the Fire
Captain can carry out his/her responsibilities to achieve
Departmental Goals.
11. The Parties mutually agree that they will meet and confer regarding
any proposed significant or permanent changes in the current work
schedule.
III. SHIFT CONVERSION
For purposes of clarification the City and the Union 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.
IV. CONSTANT STAFFING/OVERTIME
A. 24-DAY WORK PERIOD
The City hereby establishes a 24-day work period.
B. 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.
C. CONSTANT STAFFING OR OVERTIME PAID AT TIME AND ONE
HALF — HOURS WORKED IN EXCESS OF 182
Members assigned to Suppression duty, who are required and/or
authorized to work constant staffing or overtime in such
assignment, shall be paid at the rate of time-and-one-half (1.5 x
hours worked) at the employees' regular rate of pay for all hours
worked in excess of 182 in a 24-day work period.
Firefighters MOU 2011-2014 Page 16 ARTICLE FOUR
D. PAID LEAVE TIME COUNTED AS HOURS WORKED
Effective January 1, 2002, all paid time leave shall be counted as
hours worked. Members assigned to a 40-hour schedule, regularly
or temporarily, shall be compensated for constant staffing and/or
overtime as described above by converting all paid time to a 56-
hour pay basis.
E. HOURS CONVERSION FORMULA
The equivalency conversion formula shall be as set forth below:
FROM: j To: I
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. NON-SUPPRESSION STAFFING — 40-HOUR ASSIGNMENT
A. MINIMUM 30-DAY ADVANCE NOTICE
City agrees that the Fire Chief will give a minimum 30-day advance
written notice to the Firefighters regarding any proposed change in
the number, type or functions of 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.
B. CITY RETAINS RIGHTS
City retains the right to add, delete or modify positions and
assignments in its sole discretion after consulting with the Union,
and meeting and conferring, as may be required, only over the
impact on wages, hours or terms and conditions of employment of
affected employees.
Firefighters MOU 2011-2014 Page 17 ARTICLE FOUR
VI. OVERTIME COMPENSATION
A. EXTENSION OF DUTY
1. Whenever a fire service employee is required to extend their
duty shift beyond their regular work assignment shift, they
shall be paid overtime at time-and-one-half (1 1/2) at the
employees' regular rate of pay for time worked.
2. The four (4) hour minimum does not apply to extension of
duty.
B. OFF DUTY
1. Employees, who would otherwise be off-duty, but are
working non-suppression, non-emergency assignments (e.g.
teaching classes, testifying in court, etc) shall be paid as if
on a 40-hour workweek schedule for such assignments.
2. Such hours worked shall be converted to a 56-hour basis,
pursuant to Article Three, Section IV for the computation of
applicable overtime.
C. EMERGENCY RECALL
1. The City agrees to pay employees at the rate of time and
one-half for time worked at Suppression hourly rate on
Emergency Recall.
2. "Emergency Recall" is defined as a return to work on an
otherwise off-duty day during a declared emergency
(Federal, State [i.e., OES] or Local Mayor, Council Member,
City Manager, Fire Chief or his/her designee):
a. by staffing an additional engine company, truck
company, rescue unit, or a combination of the units
listed (beyond normal on-duty staffing as defined
under Subsection 1-14 - Work Schedule); or
b. for the purpose of assignment to replace on-duty
personnel assigned to respond to such emergencies.
3. Assignments to replace an employee during sick leave,
vacation, in-lieu (holiday) time, training, education, IOD
(Labor Code Section 4850 time), jury duty, bereavement
leave, voting leave, military leave, emergency leave, or to
Firefighters MOU 2011-2014 Page 18 ARTICLE FOUR
perform staff assignments, including attendance at staff
meetings, shall not be considered emergency recall, whether
or not such vacancy occurs during an emergency.
4. The minimum duration of Emergency Recall for payment
shall be four (4) hours, and the maximum duration would end
at 0659 hours (end of that shift), except as provided
hereafter.
a. On-duty employees whose assignment on an
emergency response extends into an off duty shift will
receive time and one-half for all hours worked on the
emergency which occurred during scheduled off duty
time.
b. Off-duty employees who initially respond to fill in at the
station during the scheduled duty days of the member
assigned to the emergency shall receive time and one
half on the first shift.
E. FORCED HIRE CONSTANT STAFFING OR OVERTIME
1. It is understood and agreed that the City will observe the
procedural steps for recalling 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 employee is
mandatorily recalled to work, when he/she would otherwise
be off duty, he/she shall be paid at time and one-half for all
hours worked until relieved, but not less than four (4) hours
at time and one-half for this non-extension of duty.
3. Four (4) hour minimum does not apply to extension of duty
as defined in Article Three, Section VI.A.
E. NON-SUPPRESSION (40-HOUR SCHEDULE) COMPENSATORY
TIME
1. Employees assigned to a 40-hour schedule may accrue
overtime as compensatory time off.
Firefighters MOU 2011-2014 Page 19 ARTICLE FOUR
2. The maximum accrual of compensatory time shall be 240
hours (160 hours of overtime worked x 1.5), and members
can maintain such bank for later use or payoff upon
termination of employment.
3. The option to take compensatory time in lieu of payment for
overtime shall be the employee's, and the employee shall
declare in advance whether he/she wishes to take the
overtime assignment as compensatory time.
4. When an employee assigned to a 40-hour schedule is
reassigned to a 56-hour schedule, his/her entire
compensatory time accrual bank shall be cashed out and
paid to the employee at his/her 40-hour rate in the pay
period following the employee's reassignment.
VII. SHIFT TRADE AGREEMENT
A. APPROVAL BY CHIEF NO ADDITIONAL COST
Following the effective date of this MOU, eligible 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. Employees will be allowed to transfer vested leave hours to
another employee in the event that an employee is unable to
fulfill a trade agreement due to unforeseen bereavement,
medical, retirement, promotion, or personal injury or illness.
2. A written explanation shall be submitted to the Fire Chief for
review and approval within thirty (30) days of the event.
3. Disputed trade agreements shall be resolved between the
employees.
4. Both parties of the trade agreement must agree upon the
amount of hours being transferred prior to submission.
5. Transfer of vested hours will not be hour for hour, but will be
modified based on each unit employee's salary, such that,
the value of the hours remains the same.
Firefighters MOU 2011-2014 Page 20 Firefighters MOU 2011-2014 Page 21
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 BENEFIT
For unit employees
hired on or after January 1, 2012:
20037
Three-year Final Compensation: Final
compensation is the average full-time monthly pay
rate for the highest thirty-six (36) consecutive
months.
For unit employees
20042 hired prior to January 1,2012:
One-Year Final Compensation - Final
compensation is the average full-time monthly pay
rate for the highest twelve (12) consecutive
months.
For all unit employees,
Irrespective of hire date
Prior Service Credit: Unit employees may be
20055 eligible to purchase prior service credit.
20996 Military Service Credit : Unit employees may elect
to purchase up to four (4) years of service credit.
21329 Two percent (2%) COLA: Beginning the 2 nd
calendar year after the year of retirement,
retirement and survivor allowances will be
adjusted annually on a compound basis of two
percent (2%); the adjustment may not be greater
than the change in the CPI.
Base retirement plan of three percent (3%) at age
21363.1 55 for all eligible unit employees. ARTICLE FOUR
GOVERNMENT
CODE SECTION BENEFIT
21548 Pre-Retirement Optional Settlement 2 Death
Benefit: Upon the death of a member who was
eligible to retire, the spouse may receive an
allowance equal to the amount the member would
have received if the member had retired for
service retirement on the date of death and
elected Option 2W.
21574 Fourth Level 1959 Survivor Benefit
21624-21626 Post-Retirement Survivor Allowance
B. MEMBER PAID NINE PERCENT (9%) EMPLOYEE PERS
CONTRIBUTION
Effective the first pay period after January 1, 2012, all unit employees
shall pay to the Public Employees' Retirement System (PERS) for the
account of each employee covered by this MOU the the employee's
9% retirement contribution, as required by Government Code Section
20678. Said member contributions paid by the employee shall be
pre-tax in accordance with IRS Code Section 414(h) (2).
C. WHEN MOU COSTS EXCEED SIX PERCENT (6%) IN A FISCAL
YEAR
The City and the Union 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 Firefighter 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 -
NONPERSABLE
1. An 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
Firefighters MOU 2011-2014 Page 22 ARTICLE FOUR
minimum duration of (six) 6 months and a maximum duration
of 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.
3. 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 employee
retirement benefits as required by its contract with PERS and State
law.
II. MEDICAL INSURANCE
A. MEDICAL INSURANCE — PERS MEDICAL PLANS
The City contracts with the Public Employees' Retirement System
(PERS) for medical insurance coverage. Eligible new hires are
covered under the program on the first day of the month following
enrollment. Effective January 1, 2012 the City will contribute the
Public Employees' Medical and Hospital Care Act (PEMHCA)
statutory minimum on behalf of each participant in the program. A
participant is defined as 1) an enrolled employee and eligible
dependents 2) an enrolled retiree and eligible dependents and 3) a
surviving annuitant. The PEMHCA statutory minimum for 2012 is
$112 per month. Inclusive of the statutory minimum, flexible
benefits shall be provided as follows.
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance
with IRS Code Section 125 for all active employees. Unit
employees participating in the City's full flex cafeteria plan shall
receive a monthly flex dollar allowance to purchase benefits offered
under the full flex cafeteria plan. The following health care benefits
shall be offered through the cafeteria plan: medical, dental, vision
and life. The monthly dollar allowance, which is inclusive of the
statutory PEMHCA minimum, shall be:
Employee only: $ 642.00
Employee + 1: $ 1,103.00
Family: $ 1,370.00
Firefighters MOU 2011-2014 Page 23
2.5 ARTICLE FOUR
The monthly flex dollar allowance may be used in accordance with
the terms of the cafeteria plan to purchase benefits offered under
the cafeteria plan and other supplementary products. After the
mandatory insurance has been purchased, the employee has the
option to waive the other benefits and have the excess flex dollars
converted to taxable income or purchase other supplementary
products.
In the event that premiums and/or costs for the selected benefits
exceed the monthly flex dollar allowance, the balance will be paid
by the employee through automatic pre-tax payroll deduction, as
permitted under IRS Code Section 125.
Effective January 1, 2012 and each January 1, thereafter, the City
will increase its contributions to employees' flex cafeteria plans by
the average increase of the PERS monthly health insurance
premiums under the plan, capped at 4% per year, plus 100% of the
cost of HMO dental, vision and life insurance premiums.The
average increase in PERS monthly health care premiums for shall
be calculated by subtracting the average cost of premiums for all
available City-offered CalPERS health-care plans for the current
year from the average cost of premiums for all available City-
offered CalPERS health-care plans for the upcoming year. If this
percentage is less than 4%, then the City allowances shall be
increased only by that percentage. If this percentage equals or
exceeds 4%, the City allowances shall be increased by 4%. If there
is a year where the average premium increase is 0%, or there is an
overall decrease, the City contribution shall not be adjusted. .
C. MEDICAL INSURANCE PREMIUMS — OPT-OUT/CASH OUT
OPTION (NON-PERSABLE)
1. Unit employees may elect to discontinue participation in (i.e., "opt
out,") the PERS Health Plan medical insurance coverage. The
intent of this provision is to share premium savings that the City will
incur as a result of a unit employee canceling City coverage.
2. Upon proof of other coverage, unit employees who "opt-out" shall
be allotted single-party flex dollars toward other items in the full flex
cafeteria plan or convert it to taxable income.
D. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to waive City medical insurance coverage
for themselves and all eligible family members must provide proof
Firefighters MOU 2011-2014 Page 24
2-- ko ARTICLE FOUR
of coverage through another benefit plan and must waive any
liability to the City for their decision to cease coverage under the
City's medical insurance plan.
E. EMPLOYEE SPOUSES / REGISTERED DOMESTIC PARTNERS /
DEPENDENTS
1. For medical insurance plans, when a unit employee is the
spouse or registered domestic partner of another benefited
City employee, the affected employees shall have the option
of:
• Each employee have a flex dollar amount of a single
employee; or
• one (1) employee may select a plan and list the spouse
as a dependent under the two-party or family coverage,
as applicable and the remaining employee may opt-out
as outlined above.
2. Dependents of City employees that are also employed by the
City may not participate in opt out unless he/she is able to
provide proof of coverage through another non-city benefit plan.
F. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing this provision, a unit employee who later
requests to re-enroll under the City plan can only do so
during the open enrollment period or after a qualifying event
as permitted by the insurance carrier and Cafeteria Plan
regulations. Employees shall be re-enrolled per the
Cafeteria Plan as provided herein.
2. A qualifying event shall be defined as set forth in the PERS
medical Plan and the City's Cafeteria Plan document, a copy of
which is available to unit employees in the Human Resources
Department.
G. JOINT LABOR! MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE
1. PURPOSE OF COMMITTEE AND STUDY
The City and the Union 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.
Firefighters MOU 2011-2014 Page 25 ARTICLE FOUR
2. MUTUAL AGREEMENT IN WRITING
The City and the Union must mutually agree in writing to
change from CalPERS Health Care to another health care
plan.
H. RETIREE MEDICAL INSURANCE
1. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees that retire on or
before December 31, 2011 or "Grandfathered" employees,
shall be as follows:
All plans except PERSCare:
• City shall pay ninety-five percent
(95%) of the monthly medical
plan premium; and
• Retirees shall pay five percent
(5%) of the monthly medical
plan premium.
PERSCare Plan:
• City shall pay seventy
percent (70%) of the
monthly PERSCare
premium; and
• Retirees shall pay thirty
percent (30%) of the
monthly PERSCare
premium.
"Grandfathered employees" is defined as unit employees that,
as of December 31, 2011, have twenty (20) or more years of
CalPERS service (excluding "Air Time") or, unit employees that
retire on or before January 1, 2022 with twenty-five (25) years
or more of Culver City service.
2. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired prior to July
1, 2011 that retire on or after January 1, 2012, shall be as
follows:
Upon retirement with a minimum of 5 years City service,
employees who were hired prior to July 1, 2011 shall be eligible
to receive, inclusive of the PEMHCA minimum, up to
$500.65/mo based on plan enrollment for retiree only; and pre-
65 spousal/dependent coverage shall be provided up to an
Firefighters MOU 2011-2014 Page 26
7,8 ARTICLE FOUR
additional $437.00/mo subject to vesting. Vesting for pre-65
spousal/dependent coverage is contingent upon the employees'
years of City service at retirement such that the additional
amount for pre-65 spousal/dependent coverage vests as
follows: 6 years = 20%, 7 years = 40%, 8 years = 60%, 9 years
= 80%, 10 years = 100%). Upon retirement with 10 or more
years of service, 100% of the pre-65 spousal/dependent
coverage is vested.
Effective January 1, 2012 and each January 1, thereafter, the
City will increase its contributions to employees' flex cafeteria
plans by the average increase of the PERS monthly health
insurance premiums under plan, capped at 4% per year, plus
100% of the cost of HMO dental, vision and life insurance. The
average increase in PERS monthly health care premiums shall
be calculated by subtracting the average cost of premiums for
all available City-offered CalPERS health-care plans for the
current year from the average cost of premiums for all available
City-offered CalPERS health-care plans for the upcoming year.
If this percentage is less than 4%, then the City allowances shall
be increased by that actual percentage. If this percentage
equals or exceeds 4%, the City allowances shall be increased
by 4%. If there is a year where the average premium increase
is 0%, or there is an overall decrease, the City contribution shall
not be adjusted.
3. The City's monthly contribution for medical insurance
provided through the PERS Health plan, for employees
hired on or after July 1,2011 shall be as follows:
Upon retirement, employees shall be eligible to receive a City
contribution for retiree medical in accordance with the minimum
established by Government Code 22892. The statutory
minimum amount for 2012 is $112/mo.
For all City employees regardless of date of hire, effective July
1, 2012, or as soon as implementation can occur; the City shall
make available a retiree health care trust (RHS) to enable
employees to prefund retiree health care expenses while
employed by the City.
The City shall match the first $25 per pay period of the
employee contribution to the RHS. The individual accounts can
be utilized after separation of service for reimbursement of all
Firefighters MOU 2011-2014 Page 27 ARTICLE FOUR
qualified medical expenses, including insurance premiums, in
accordance with IRS Section 213. Employees who separate
from City service for any reason shall be eligible to receive the
full amounts in the RHS at the time of separation. The Retiree
Health Savings Trust shall reimburse expenses in accordance
with the Internal Revenue Code.
The Union understands that changes to contributions and/or
disbursements from the RHS can change at any time pursuant
to federal laws and regulations.
III. DENTAL INSURANCE
1. The City shall continue contracting for the current dental
insurance program. Any alternate program must provide
substantially identical benefits, unless otherwise agreed by the
parties during the meet and confer process. All unit employees
shall be eligible to enroll qualified dependents and will pay the
premium costs for such enrollment through the full flex cafeteria
plan.
2. For dental insurance plans, when a unit employee is the spouse
of another benefited City employee, the affected employees
shall have the option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a
dependent.
IV. VISION CARE INSURANCE
1. The City shall continue contracting for the current vision
insurance program. Any alternate program must provide
substantially identical benefits, unless otherwise agreed by the
parties in the meet and confer process. All unit employees shall
be eligible to enroll qualified dependents and will pay the
premium costs for such enrollment through the full flex cafeteria
plan.
2. For vision insurance plans, when a unit employee is the spouse
of another benefited City employee, the affected employees
shall have the option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a
dependent.
Firefighters MOU 2011-2014 Page 28 ARTICLE FOUR
V. LIFE INSURANCE
The City shall continue contracting for the current program for Term Life
Insurance Group coverage of $50,000. Any alternate program must
provide substantially identical benefits, unless otherwise agreed by the
parties in the meet and confer process.
VI. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and
dependent care, pursuant to Section 125 of the Internal Revenue Service
Code (Section 125), as amended. Under Section 125, the maximum
annual amount an employee may contribute on a pre-tax basis is
statutorily set.
Pursuant to Section 125, employees may contribute pre-tax earnings into
these accounts. The medical expense contribution may be used for
reimbursement of medical expenses such as deductibles, co-pays and
expenses in excess of what insurance covers. Dependent care expenses
may not be reimbursed until after they are actually incurred - i.e., after the
care has been provided, and not when the participant is formally billed.
Reimbursable dependent care expenses are non-health care expenses
that include insuring a qualified dependent's well-being and protection.
Qualified dependents are children under age 13, disabled spouses and
other dependents who are physically or mentally incapable of self-care,
and who regularly spend at least eight hours each day in the taxpayer's
household.
Pursuant to Section 125, eligible reimbursable expenses must be incurred
within the calendar year, January 1 st through December 31 st, and must be
submitted for reimbursement no later than March 31 st of the following
calendar year. Receipts submitted after March 31 st in the following
calendar year shall be forfeited.
There are other limitations and restrictions set forth by the Internal
Revenue Service.
VII. UNIFORM ALLOWANCE
A. INITIAL CLOTHING REIMBURSEMENT
1. Employees required to wear City uniforms during the
performance of their duties shall be reimbursed for the initial
Firefighters MOU 2011-2014 Page 29 ARTICLE FOUR
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 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). This uniform allowance
shall be reported to CalPERS as compensation earnable.
2. 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.
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.
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
1. The City will supply and replace for use of the employee the
following items of safety equipment:
Firefighters MOU 2011-2014 Page 30 ARTICLE FOUR
• Brush pants • Hose ropes
• Brush jacket • Nomex hoods
• Chalk • Safety boots
• Door stops • SCBA mask
• 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
2. Safety equipment will not be purchased from clothing
allowance funds.
IX. COMMUNICABLE DISEASES
A. RISK FROM COMMUNICABLE DISEASES
1. The City, the Fire Department and the Firefighters
Association 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.
3. 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:
Firefighters MOU 2011-2014 Page 31 ARTICLE FOUR
• Hepatitis • Tetanus/Diphtheria
• Influenza • Tuberculosis
• Measles, Mumps and Rubella
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.
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.
XI. PHYSICAL WELLNESS
A. ANNUAL REIMBURSEMENT
City agrees to provide an annual reimbursement amount of up to
four-hundred fifty dollars ($450) per employee for the purpose of a
comprehensive medical evaluation.
1. Employees may use up to four-hundred fifty dollars ($450) per
fiscal year for one or more of the following purposes upon
approval of the Fire Chief:
• Medical examination by a health provider of the
employee's choice.
• Reimbursement for medical expenses (deductibles or co-
payments) not covered by the employee's health, dental
or vision insurance.
• Other wellness-related programs (e.g. smoking
cessation, weight loss, or other benefits).
• Wellness reimbursement for expenses other than a
physical examination shall be contingent upon
Firefighters MOU 2011-2014 Page 32 ARTICLE FOUR
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:
o Physical exam consisting of a cardiac stress test,
pulmonary function test, eye exam and hearing test;
or
o A signed certification of medical fitness under the
Culver City Fire Department Respiratory Protection
Program.
2. Unused funds may be carried over from one fiscal year to the
next year only (i.e., the maximum available funds in any given
fiscal year is nine hundred dollars ($900).
B. MEDICAL CERTIFICATE —DRIVERS LICENSE WITH
FIREFIGHTER ENDORSEMENT
1. Employees may be required to undergo a physical
examination to maintain their medical certificate for a
California Department of Motor Vehicles Driver License with
a Firefighter Endorsement in order to drive and operate
Department vehicles as a condition of employment, or to
obtain other medical examinations as a requirement of
employment.
2. If an employee has any such required medical certificate or
examination, the employee on their own time will be required
to use the four-hundred fifty ($450) to obtain the medical
certificate or examination.
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. DEFERRED COMPENSATION
A. VOLUNTARY DEFERRED COMPENSATION PLAN
1. City agrees to provide a deferred compensation plan as a
benefit to City employees. Plan specifications and details
are determined pursuant to IRS Code Section 457 and the
Firefighters MOU 2011-2014 Page 33 ARTICLE FOUR
organizations providing the investment and savings
programs for such deferred compensation.
2. Plan documents are maintained by and copies may be
obtained from the Human Resources Director.
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 employees covered hereunder a one-
time annual election to convert In-lieu (holiday) pay, at each
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
2. Such election must be made by December 10, for deposits
to the plan commencing in January of the succeeding year.
3. Amounts deferred for deposit shall be deducted from the
employee's bi-weekly accrual.
XIII. ON-DUTY DEATH/FUNERAL BENEFIT
A. FUNERAL BENEFIT
Should any unit employee die in the line of duty, the City will
provide the family of the employee a funeral benefit payment of
$7,500.
B. BENEFIT ABOVE PERS I 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 family shall be made as soon as possible, but in no
event later than fifteen (15) working days following the death.
Firefighters MOU 2011-2014 Page 34 FROM: E(IUIVALENcir FORMULA:
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 employee's anniversary date (date of original benefited
employment, adjusted for breaks in service) shall determine
the category of leave accumulation.
2. Employees shall continue to accumulate sick, holiday in-lieu
and vacation leave when on authorized leave with pay of any
kind.
B. FORMULAS FOR EQUATING LEAVE HOURS
When an employee changes assignments, accrued leave on the
books shall be converted using the equivalency formula as set forth
below:
40-hrs per week
56-hrs per week
56-his per week
40-his per week
Number of Accrued Leave Hours x 1.5
Number of Accrued Leave Hours ÷ 1.5
USE OF LEAVE
1. Leave shall be taken in multiples of one (1) hour.
2. Employees can take up to the total amount of accumulated
leave credit.
Firefighters MOU 2011-2014 Page 35
C. ARTICLE FIVE
3. Charges against sick leave, holiday in-lieu and 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 City Manager.
E. REQUESTING LEAVE
1. Except as otherwise provided, no leave of absence with pay
shall be granted to any employee without the approval of the
Fire Chief.
2. Whenever possible, 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 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. HOLIDAYS / 1N-LIEU TIME
A. BI-WEEKLY ACCRUAL RATE
Employees shall be credited with leave in lieu of holidays, to be
accrued each bi-weekly pay period on a pro-rata annual basis, as
follows:
Holiday In-Lieu Accrual
Maximum
Hours Bi-weekly Monthly Annual Annual
worked Accrual Accrual Accrual Accrual Effective Date
per week Rate Rate Rate Balance
(rounded)
56-hour 5.539 hrs 12 hrs 144 his 216 his Effective the 1 st of
employees (5.5 hrs) the month after
appointment
40-hour 3.693 his 8 his 96 his 144 hrs Effective the 1 st of
employees (3.7 his) the month after
appointment
Firefighters 11/10U 2011-2014 Page 36
fr6S ARTICLE FIVE
B. ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL
HOLIDAY IN-LIEU
1. A balance not to exceed the maximum accrual shown above
may be maintained by the safety employee. Accruals which
would exceed this maximum balance will be paid to the
affected employee as earned.
2. If time is taken off to reduce the individual employee's
balance to less than the maximum, he/she can accrue once
again to the maximum allowable.
C. TIME OFF OR PAY IN-LIEU OF TIME OFF
In-Lieu (Holiday) time may be taken as time off duty with pay, or
may be paid to the employee in lieu of time off.
1. Time taken off shall be as follows:
• 56-hour employees: one (1) hour minimum
• 40-hour employees: one (1) hour minimum
2. Pay for in-lieu (holiday) time may be requested as follows:
• 56-hour employees: a minimum of twelve (12) hours
• 40-hour employees: a minimum of four (4) hours
3. 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.
4. Any employee whose accrual of in-lieu time would exceed
the maximum:
• Shall be paid on the bi-weekly paycheck for the excess
amount; or
• May elect to be paid bi-weekly for annual accruals for
the purpose of making deferred compensation
contributions.
D. AUTHORIZED HOLIDAY ROUTINE
Employees shall have authorized holiday routine as provided for in
Division 308 of the Department Rules and Regulations.
Firefighters MOU 2011-2014 Page 37
cY1 ARTICLE FIVE
IV. VACATION
A. ELIGIBILITY FOR VACATION
1. All permanent and probationary employees shall be eligible
to take vacation leave after serving twelve (12) months
employment with the City.
2. At the completion of the twelve (12) months, the 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).
2. Unused vacation shall accumulate to the maximum allowed
in below (see Section H).
3. Exceptions to the maximum allowable accruals may be
granted by the City Manager, or his/her designee, to meet
exceptional departmental staffing needs.
4. No vacation shall be authorized, for leave or payment,
unless accrued prior to the time for use or payment, except
as authorized by the City Manager.
C. TABLE OF VACATION LEAVE BENEFITS
1. The Table of Vacation Leave Benefits shown below sets
forth the number of working hours per year to which an
employee is entitled as a vacation paid leave benefit.
2. The benefit shown in each category shall commence upon
entering the first day of the new category as follows:
Firefighters MOU 2011-2014 Page 38 Work
Schedule
1 st and
and year
3— thru 10'n thru
9th
s Year 14
th
Year
15" thru
19th
Year
in
Over 20 Yrs
56 hr
288 168 hrs 228 his 216 his
hrs
288 hours,
plus 12 hours
for each year
over 20
144 hrs
192 hours,
plus 8 hours
for each year
over 20
192 112 firs 96 hrs :40t 144 hrs 152 his
firs
ARTICLE FIVE
TABLE OF VACATION LEAVE BENEFITS
D. IOD OR EXTENDED SICK LEAVE STATUS
1. Employees off on 100 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 employee's return to work, or it shall be paid to
the employee in lump sum on their paycheck.
E. PRESCHEDULED LEAVE
1. Prescheduled leave (January 1 through March 1) for
vacation, attached in-lieu (holiday) time and/or Service
Award Leave time, shall be taken in increments of 24 hours
for fifty-six 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.
Firefighters MOU 2011-2014 Page 39 ARTICLE FIVE
F. 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).
G. UNAUTHORIZED USE OF VACATION
Vacation shall not be used in lieu of accumulated sick leave or
when sick leave request is disapproved.
H. ACCUMULATION OF VACATION
1. Vacation time may be accumulated to a maximum of twice
the annual accumulation of vacation hours for which the
employee is eligible.
2. The maximum consecutive vacation, including the use of any
in-lieu (holiday) time attached to the vacation, an employee
can pick in a single selection is one (1) year's accumulation
of vacation leave except as approved by the Fire Chief.
1. BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS —
NON-PERSABLE
Vacation time which accumulates in excess of the maximum
allowed each employee, shall be paid in cash (non-PERSable) on
the next regular bi-weekly paycheck, thereby bringing the
employee's vacation balance to no more than the maximum
allowable,except as provided in this Article.
J. VACATION PAYOFF UPON TERMINATION — NON-PERSABLE
Any employee who terminates employment shall be paid (non-
PERSable) for such vacation time accrued but unused as of the date
of the termination.
Firefighters MOU 2011-2014 Page 40 ARTICLE FIVE
V. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the 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 and shall be credited as follows:
• 56-hour employees: twelve (12) hours for each month of
service.
• 40-hour employees: eight (8) hours for each month of service.
C. MAXIMUM ACCUMULATION OF SICK LEAVE
1. The maximum accumulation of sick leave time per employee
is as follows:
• 56-hour employees: 1,080 hours maximum
• 40-hour employees: 720 hours maximum
2. Sick leave taken shall be for a minimum of one (1) hour.
D. PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Vacation time may not be used for disapproved sick leave.
1. With proper verification, sick leave may be allowed for:
• Personal illness or injury of the employee;
• Illness of the employee's spouse, registered 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 employee shall notify his/her immediate supervisor
within one day of the beginning of sick leave, or pursuant to
the rules of the department.
4. Upon return to duty, the employee shall present evidence of
the necessity of sick leave, if so requested by the appointing
authority.
Firefighters MOU 2011-2014 Page 41 TIER 1: SICK LEAVE BONUS PLAN
AMOUNT OF
BI-WEEKLY
SICK LEAVE PAYOFF
@ 50%
(Non-PpSable)
MONTOpfl!
ACCRUAL
RATE RATE I
(bi weekly :
:acCrOaErate)
MAXIMUM
ACCUMULATIO
:AmounT,pF .
B! WEEKLY
ACCRUED