City of Culver City, California
Agenda Item Report
Meeting Date: 02/23/2015 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Five Year
Memorandum of Understanding with the Culver City Fire Management Group for
the Period of January 1, 2015 through December 31, 2019.
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 (02/18/15); Culver City
Fire Management Group (02/18/15)
Department Approval:
Serena Wright (02/18/15)
City Attorney Approval:
Carol A. Schwab (by H. Baker) (02/18/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/18/15)
City Manager Approval:
John M. Nachbar (02/18/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a five year
Memorandum of Understanding with the Culver City Fire Management Group for the
period of January 1, 2015 through December 31, 2019.
BACKGROUND:
The previous Memorandum of Understanding (MOU) with the Culver City Fire
Management Group (CCFMG) expired on December 31, 2014. The negotiation
discussions have concluded, and the City and the CCFMG have reached a tentative
agreement.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and
recommended approval includes the following essential changes:
? Provide 4.5% Paramedic pay
? Increase Emergency Medical Technician (EMT) pay from 3% to 7%
? Increase holiday-in lieu and sick leave accrual by 8 hours
? Provide education incentive pay as follows:
BA/BS/120 Units - $100/ per pay period
MA/MS/150 Units - $200/ per pay period
? Establish longevity pay as follows: City of Culver City, California
Agenda Item Report
10 years - $192/ per pay period
15 years - $308/ per pay period
? Increase tuition reimbursement to $250 per unit
? Increase on-duty death benefit to $15,000
? Require employees to pay up to 5% of Employer CalPERS rate costs above
50%
? Update working conditions or procedural changes with de minimis or no fiscal
impact.
FISCAL ANALYSIS:
The estimated additional on-going annual cost of this agreement (versus status quo)
will be approximately $175,000 per year. There are savings that will occur when the
public safety employer retirement contribution rate rises above 50%. Each
percentage picked up by the employees will result in approximately $12,000 in
savings to the City. The City’s financial forecast estimates that public safety
employer retirement contribution rates will reach 50% in Fiscal Year 2017/2018.
ATTACHMENTS:
1. Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt a Resolution approving a five year Memorandum of Understanding
between the City and the Culver City Fire Management Group for the period of
January 1, 2015 through December 31, 2019.
MEETING DATE: February 23, 2015
AGENDA ITEM: Adoption of a Resolution Approving a Five Year
Memorandum of Understanding with the Culver City Fire
Management Group for the Period of January 1, 2015
through December 31, 2019.
ATTACHMENTS
Pages
1. Resolution with Master Memorandum of Understanding 1-70
-1-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2015-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING AND
ADOPTING A MASTER MEMORANDUM OF
UNDERSTANDING WITH THE CULVER CITY FIRE
MANAGEMENT GROUP
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:
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, 2015 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.
APPROVED and ADOPTED this _____ day of __________ 2015.
MEGHAN SAHLI-WELLS, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE CAROL A. SCHWAB, City Attorney
Assistant City Manager/City Clerk
MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY FIRE MANAGEMENT GROUP
January 1, 2015 to December 31, 2019
Fire Management 2015 – 2019
TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights…………………………….1
ARTICLE TWO Salaries and Compensation ............................................ 7
ARTICLE THREE Work Periods, Schedules, Staffing and Overtime ........... 16
ARTICLE FOUR Supplemental Benefits .................................................. 23
ARTICLE FIVE Leaves of Absence ......................................................... 42
ARTICLE SIX Working Conditions ......................................................... 62
ARTICLE SEVEN General Provisions ......................................................... 64
PARTIES TO THE AGREEMENT ................................................................ 67
INDEX ............................................................................................................. 68
ARTICLE ONE
Fire Management 2015 – 2019 Page 1
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 (“FMG”), representing
Battalion Chief, Fire Marshal, Assistant Fire Chief, and Fire Chief,
hereinafter called “unit employees.” This MOU is made pursuant to the
California Government Code Section 3500, et seq.
II. RECOGNITION
1. The City Council hereby recognizes the Fire Management Group as
representative of the classifications of:
? Battalion Chief;
? Fire Marshal;
? Assistant Chief; and
? Fire Chief.
2. The Fire Management Group and the City has met and conferred
and agreed to remove the Fire Chief from the bargaining unit,
effective at a later date to be determined by the parties.
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. 2008-R009, as amended.
ARTICLE ONE
Fire Management 2015 – 2019 Page 2
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, sexual orientation, gender identification, physical or
mental disability, or because of the exercise of his or her rights under
this MOU.
1. 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.O.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. ARTICLE ONE
Fire Management 2015 – 2019 Page 3
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 July.
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.
2. 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;
2. Setting standards of service;
ARTICLE ONE
Fire Management 2015 – 2019 Page 4
3. Determining the procedures and standards of selection for
employment and promotions, directing unit employees, and
taking disciplinary action;
4. Relieving unit employees from duty because of lack of work
or other legitimate reasons, maintaining the efficiency of
governmental operations;
5. Determining the methods, means and personnel by which
governmental operations are to be conducted;
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 unit employees needed or
assigned to a particular function or work location;
C. IMPACT OF CITY 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.
ARTICLE ONE
Fire Management 2015 – 2019 Page 5
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. 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 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).
2. The total leave granted for the calendar year for the
bargaining unit shall not exceed:
? 56-hour per week employees: one-hundred eighty hours
(180) hours; or
? 40-hour per week employees: one-hundred twenty hours
(120) hours.
ARTICLE ONE
Fire Management 2015 – 2019 Page 6
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.
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."
ARTICLE TWO
Fire Management 2015 – 2019 Page 7
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
1. 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 Sheriff's Department of the
County of Los Angeles.
ARTICLE TWO
Fire Management 2015 – 2019 Page 8
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 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%
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 Classification 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 Assistant Chief + 15%
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 ARTICLE TWO
Fire Management 2015 – 2019 Page 9
Angeles or the County of Los Angeles including any
retroactive adjustment of the Base Monthly Salary”.
"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.
2. 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.
3. 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:
FROM: TO: EQUIVALENCY FORMULA:
40-hour non-suppression
pay rate
56-hour suppression pay
rate
40 pay rate ÷ 1.4 = 56 pay rate
56-hour suppression pay
rate
40-hour non-suppression
pay rate
56 pay rate x 1.4 = 40 hours
Parties agree that this payment methodology is intended to resolve
pay differences between forty (40) hour and fifty six (56) hour ARTICLE TWO
Fire Management 2015 – 2019 Page 10
employees under current Initiative Ordinance’s annual salary
calculations.
D. SCHEDULE CALENDAR
1. The City agrees to print schedule calendars annually, in color:
? “A” shift in red
? “B” shift in blue
? “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 Fire Management Group 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. An acting employee will be
assigned to work in the acting classification in increments of
pay periods and his or her acting compensation shall be
effective on the first day of the pay period so assigned.
2. During a period of acting service, a unit employee off on any
form of paid leave shall be paid at the acting pay rate for such
period of paid leave. Unit employees shall not be paid at the
acting pay rate for bi-weekly leave payoffs and/or cash-outs.
ARTICLE TWO
Fire Management 2015 – 2019 Page 11
3. An employee entitled to overtime compensation during a
period of acting service shall be paid at the regular rate of pay
based on the acting hourly pay rate.
4. The unit employee’s Department shall submit a Personnel
Action Form to start the Acting Pay effective the beginning of
the first full pay period in which the employee is acting. The
Department shall submit another Personnel Action Form to
stop the Acting Pay.
5. 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.
6. Pursuant to the California Code of Regulations (CCR) Section
571, Acting Pay shall be reported to CalPERS as special
compensation under the category of Premium Pay –
Temporary Upgrade Pay.
III. SPECIAL ASSIGNMENT PAYS
A. CERTIFICATE PAY / EDUCATIONAL INCENTIVE
1. 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.
b. Employees who have not met the requirements upon
adoption of this M.O.U. but do so during the term of the
M.O.U. shall receive the applicable pay rate effective
the first payroll period after they have met the
requirements.
ARTICLE TWO
Fire Management 2015 – 2019 Page 12
2. REQUIREMENTS
a. Possession of a California State Board of Fire Services
Certified:
? Chief Officer; or
? Fire Marshal certificate.
b. Ten (10) years of fire suppression experience,
including two (2) years at the rank of Fire Captain or
higher.
c. An Associate of Arts degree in Fire Science, or a
Bachelor Degree in any subject.
B. EMERGENCY MEDICAL TECHNICAL (EMT) CERTIFICATION PAY
Emergency Medical Technician Pay shall be provided to Fire
Management unit employees at the rate of seven percent (7%), as
long as said unit employees maintain EMT Certification.
Pursuant to CCR Section 571, EMT Certification Pay shall be
reported to CalPERS as special compensation under the category of
Education Pay – Emergency Medical Technician Pay.
C. PARAMEDIC ASSIGNMENT PAY
Unit employees that possess a valid Paramedic certificate may be
called upon to perform paramedic services and shall be
compensated at four and one-half percent (4.5%) above his/her base
hourly rate.
Pursuant to CCR Section 571, Paramedic Assignment Pay shall be
reported to CalPERS as special compensation under the category of
Education Pay – Paramedic Pay.
D. EDUCATION INCENTIVE PAY
1. PURPOSE
The purpose of Educational Incentive Pay is to: ARTICLE TWO
Fire Management 2015 – 2019 Page 13
a. Motivate unit employees to achieve higher education;
b. Enhance career development;
c. Increase the professional standards of the department; and
d. Increase the level of service to the community.
2. COMPENSATION
Unit employees who possess an accredited college degree or
accredited college units shall be eligible to receive the following
compensation:
Accredited Degree
or
Accredited Units
Bi-Weekly Amount
BA / BS
120 units
$100
MA / MS
150 units
$200
All compensation for Educational Incentive Pay shall be
awarded only for the highest level of degree or educational
units achieved – compensation is non-cumulative.
Pursuant to CCR Section 571, Education Incentive Pay shall
be reported to CalPERS as special compensation under the
category of Education Pay – Educational Incentive.
3. ACCREDITED COLLEGE UNITS
a. College or university units must be 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).
b. Unit employees must provide proof of accredited
college units to the City to be eligible to receive
Education Incentive Pay. Education Incentive Pay shall
be effective at the beginning of the pay period that
includes the date that proof of eligibility was submitted. ARTICLE TWO
Fire Management 2015 – 2019 Page 14
4. LIMITATIONS
An employee that first becomes a member of the FMG
bargaining unit on or after January 1, 2019 must possess an
actual accredited degree to receive this form of Education
Incentive Pay. Such employee will not be eligible to receive
this Educational Incentive Pay benefit for possession of units
only.
E. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to two hundred fifty
dollars ($250) per applicable accredited college unit, plus the actual costs
of books, registration fees and parking permit fees, pursuant to
Administrative Policy II-08, as amended.
F. ASSISTANT FIRE CHIEF / FIRE MARSHAL COMPENSATION
1. The Assistant Fire Chief classification shall be compensated
twenty percent (20%) higher than the base hourly rate for
Battalion Chief.
2. The Fire Marshal shall be compensated fifteen percent (15%)
higher than the base hourly rate for Battalion Chief.
G. LONGEVITY PAY
1. PURPOSE
In recognition of full-time employment as a sworn Culver City Fire
employee, excluding unpaid breaks in service, the City shall provide
Longevity Pay as follows:
2. COMPENSATION
Years of
Continuous
Service
Annual Amount
Bi-weekly Amount
10 $5,000 per year $192.31 per pay period
15 $8,000 per year $307.70 per pay period
ARTICLE TWO
Fire Management 2015 – 2019 Page 15
Pursuant to the California Code of Regulations (CCR) Section 571,
Longevity Pay shall be reported to CalPERS as special
compensation.
3. LIMITATIONS
Longevity Pay is not cumulative and is paid at the highest level of
continuous service achieved, as specified above.
H. MANAGEMENT INCENTIVE PAY – Fire Chief, Assistant Fire Chief
and Fire Marshall
Unit employees in the classifications of Fire Chief, Assistant Fire
Chief and Fire Marshal shall receive Management Incentive Pay of
five percent (5%). This additional pay provides eligible unit
employees with extra pay in recognition of the unique nature of
their jobs and the special skills, knowledge and abilities that are
required. The compensation is paid as earned for normally required
duties performed during normal work hours. It is not compensation
in lieu of overtime or in lieu of other benefits that are excluded from
consideration under the statutes and regulations of the Public
Employees’ Retirement System.
Management Incentive Pay shall be calculated based upon the unit
employee’s base hourly rate plus EMT pay, Paramedic Pay and
Chief Officer Certificate pay.
Pursuant to the California Code of Regulations (CCR) Section 571,
Management Incentive Pay shall be reported to CalPERS as
special compensation. ARTICLE THREE
Fire Management 2015 – 2019 Page 16
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
1. For Non-Fire Suppression unit employees, equivalent biweekly pay
rates shall be determined by dividing the annual rates by twenty-six
(26) pay periods, and equivalent hourly pay rates shall be determined
by dividing the annual rates by two thousand and eighty (2,080)
hours.
2. Fire Suppression biweekly pay rates shall be determined by dividing
the annual rates by twenty-six (26) pay periods, and the equivalent
hourly pay rates shall be determined by dividing the annual rates by
two thousand nine hundred and twelve (2,912) hours.
3. Equivalent monthly pay rates shall be determined by dividing the
equivalent annual rates by twelve (12) months.
ARTICLE THREE
Fire Management 2015 – 2019 Page 17
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.
B. ELIMINATION OF OVERTIME PAY / EMERGENCY SERVICE
REFILL (ESR) PLAN
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.
3. The Fire Department will work out an equitable ESR
distribution among affected members.
4. The savings achieved by this program were redistributed to
certificate pay, described herein.
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.
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. ARTICLE THREE
Fire Management 2015 – 2019 Page 18
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 I-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 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, and for strike team coverage, if such time
is reimbursed to the City.
IV. CONSTANT STAFFING
A. DEFINITION
"CONSTANT STAFFING" is a concept of employee assignment
under which there is one appointed unit employee on each shift ARTICLE THREE
Fire Management 2015 – 2019 Page 19
(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 ninety-six (96)
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
ninety-six (96) 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 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.
8. 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.
B. TWENTY FOUR (24) DAY WORK PERIOD
The City hereby establishes a twenty-four (24) day work period. ARTICLE THREE
Fire Management 2015 – 2019 Page 20
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 City agrees to make payroll system adjustments that accurately
convert between 56-hour shift rates and 40-hour shift rates. Pay
rates shall be converted by a factor of 1.4, as set forth below:
FROM: TO: 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.
VII. EMERGENCY SERVICE REFILL (ESR) COMPENSATION
A. EXTENSION OF DUTY
ARTICLE THREE
Fire Management 2015 – 2019 Page 21
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
1. It is understood and agreed that the City will observe the
procedural steps for recalling unit employees for non-
emergency staffing as detailed in the Fire Department Rules
and Regulations and Telestaff.
2. In the event no volunteers are available, and a unit employee
is mandatorily 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.
3. Four (4) hour minimum does not apply to extension of duty as
defined in Article Three, Section VII.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 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. ARTICLE THREE
Fire Management 2015 – 2019 Page 22
a. Disputed trade agreements shall be resolved between the unit
employees.
b. Both parties of the trade agreement must agree upon the
amount of hours being transferred prior to submission.
c. 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.
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.
ARTICLE FOUR
Fire Management 2015 – 2019 Page 23
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
7522.20 (a)
21363.1
“New” Members, as defined by the Public
Employees’ Pension Reform Act (PEPRA),
hired on or after January 1, 2013
A base retirement plan of 2.7% at age 57.
“Classic” Member, as defined by PEPRA,
regardless of date of hire
A base retirement plan of 3% at age 55.
20037
For unit employees
hired on or after January 1, 2012:
Three-year Final Compensation: Final
compensation is the average full-time monthly
pay rate for the highest thirty-six (36) consecutive
months.
20042
For unit employees
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.
20055
Prior Service Credit: Unit employees may be
eligible to purchase prior service credit.
ARTICLE FOUR
Fire Management 2015 – 2019 Page 24
GOVERNMENT
CODE SECTION
BENEFIT
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.
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: 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. PERS EMPLOYEE RETIREMENT CONTRIBUTIONS
Except as may be provided for herein, the City shall pay to the Public
Employees' Retirement System (PERS) for the account of each
employee hired prior to January 1, 2012 the amount of the employee's
retirement contribution as required by Government Code Section
20678, which is currently nine percent (9%) of eligible compensation.
C. PERS BENEFIT PROVIDED BY GOVERNMENT CODE SECTION
20636 (c) (4) ARTICLE FOUR
Fire Management 2015 – 2019 Page 25
1. Pursuant to Government Code section 20636 (c) (4), the City shall
continue to pay and report to CalPERS as compensation earnable
the monetary value of contributions, known as “employer-paid
member contributions”, paid by the City on behalf of each unit
employee hired prior to January 1, 2012.
2. In the event that legislation prohibits public agencies from paying any
portion of the employees’ required CalPERS member contribution
and/or reporting as compensation earnable to CalPERS the monetary
value of employer-paid member contributions such that members’
final compensation is augmented by the value of the employer-paid
member contributions, the parties agree to (1) concomitantly increase
the Chief Officer certificate by 3% in lieu of City paying for such
contributions and thus participating in Government Code section
20636 (c) (4); (2) terminate any cost sharing pursuant to
subparagraph E, below; and (3) have all unit employees pay their
share of employees’ required CalPERS member contributions .
3. Unit employees hired after January 1, 2012 shall be responsible for
the 9% payment of the PERS member contribution rate and shall not
be subject to Government Code section 20636 (c) (4).
D. CALPERS EMPLOYEE CONTRIBUTION FOR “NEW
MEMBER” EMPLOYEES HIRED ON OR AFTER JANUARY 1,
2013 AND DEFINED AS SUCH IN ACCORDANCE WITH AB 340
1. Unit employees defined as new members by PEPRA are
covered under the 2.7% at age 57 retirement formula. New
members shall be responsible for paying the employee
contribution rate of one-half of the total normal cost of the plan
as determined by CalPERS.
2. Unit employees shall be responsible for the full CalPERS
employee contribution payment which is currently 12.25%.
3. The City has adopted the CalPERS resolution in accordance
with Internal Revenue Code section 414(h)(2) to ensure that
the employee contribution is made on a pre-tax basis.
E. COST SHARING
In accordance with Government Code 20516 (f), “Classic Member”
unit employees hired prior to January 1, 2012 shall share the costs of ARTICLE FOUR
Fire Management 2015 – 2019 Page 26
optional benefits. Said unit employees shall pay a total of 9% of the
PERS employer contribution rate. Participation in Cost Sharing shall
be mandatory and said contributions shall be designated as
employee contributions.
F. ADDITIONAL COST SHARING
The employer contribution rate is established and adjusted annually
by the CalPERS Board. In FY 14-15, the Culver City employer safety
contribution rate is 39.23%.
1. Effective beginning January 1, 2015, through December 31,
2017,if the City’s employer contribution rate exceeds 50%, unit
employees shall pay one half of such amount in excess of 50%,
up to a maximum of 5%, pursuant to CA Gov’t Code §20516(f).
2. Effective beginning January 1, 2018, in the event the City’s
employer contribution rate exceeds 50%, unit employees’ pay
one half of such amount in excess of 50%, up to a maximum of
5%, as follows: the first 3% shall be allocated to the “employee”
contribution rate and the next 2% to the “employer” contribution
rate per CA Gov’t Code §20516(f).
3. Unit employees shall have no responsibility to pick up any
portion of the City’s employer rate in excess of 50% attributable
to elective actions by the City that has the effect of increasing
the employer contribution rate (e.g., voluntarily modifying or
shortening amortization periods, accelerating payments of
unfunded liabilities, etc.).
E. TAX LIMITATIONS
Cost Sharing contributions shall be made on a pre-tax basis unless
and until a Private Letter Ruling (PLR) by the Internal Revenue
Service is issued to the City by the Internal Revenue Service
designating that the payments must be post-tax.
The City does not warrant that this contribution is "qualified" for tax
deferral and is not to be held liable for such tax payments as may be
determined assessable. ARTICLE FOUR
Fire Management 2015 – 2019 Page 27
The City has retained specialized legal counsel in order to render a
written opinion as to whether or not said employee contributions to
the employer contribution rate can be considered on a “pre-tax” basis.
The rendered legal opinion is supportive of City treatment of said
contributions as “pre-tax”; therefore, the City shall take the steps
necessary, including adoption of appropriate City Council
resolution(s), to allow the Payroll Section to treat these distributions
as “pre-tax”. It is expressly understood and agreed to by the parties
that the City has no authority or jurisdiction by which to bind CalPERS,
the Internal Revenue Service (IRS), the Franchise Tax Board or any
other agency (collective “Entities”) to a determination that such
contributions are indeed “pre-tax”. Thus, the parties agree and
acknowledge that the City shall have no liability to any individual unit
employee or collective bargaining unit, should any of the
aforementioned Entities reject treatment of said contributions as “pre-
tax”.
The City hereby adopts the provisions of IRC Section 414(h)(2). Any
payment or pick up of employer contributions or required member
contributions set forth in this Article shall be regarded as “pre-tax” in
accordance therewith.
F. 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.
G. 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 ARTICLE FOUR
Fire Management 2015 – 2019 Page 28
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 2015 is
$122 per month. Inclusive of the statutory minimum, flexible benefits
shall be provided in a Cafeteria Plan 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: $ 664.00
Employee + 1: $ 1,143.00
Family: $ 1,422.00
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 each January 1
st
, the City will contribute up to an additional
4% towards the increased cost of medical premiums in a calendar
year to employees’ flex cafeteria plans. The average increase in
PERS monthly health care premiums shall be calculated by ARTICLE FOUR
Fire Management 2015 – 2019 Page 29
subtracting the average cost of Los Angeles area Basic premiums
for all available City-offered CalPERS health-care plans for the
current year from the average cost of Los Angeles area Basic
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. In addition, the City shall continue to provide
flex dollars to cover 100% of HMO dental, vision and life insurance
premiums.
C. MEDICAL INSURANCE PREMIUMS – OPT-OUT/CASH OUT
OPTION (NON-PERSABLE)
1. Unit employees may elect not to participate in the City’s medical
insurance program (“Opt Out”). The intent of this provision is to
share premium savings that the City will derive as a result of a unit
employee canceling City coverage.
2. Upon proof of other coverage, unit employees who “opt-out” shall be
allotted the value of 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 any eligible family members must provide proof
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
ARTICLE FOUR
Fire Management 2015 – 2019 Page 30
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.
F. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing to opt out, 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 in Article Four Section
II.B.
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. 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.
2. The City and the Fire Management Group 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: ARTICLE FOUR
Fire Management 2015 – 2019 Page 31
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. An employee who promotes into FMG shall have the
retiree medical benefit in which they were eligible under the 2012 –
2014 Culver City Firefighters Local 1927, AFL-CIO MOU.
2. The City’s monthly contribution for retiree 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 $520.68/mo based on plan
enrollment for retiree only; and pre-65 spousal/dependent coverage
shall be provided up to an additional $454.48/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.
Each January 1
st
, the City’s contribution towards retiree medical
insurance shall increase by up to 4% annually, based on the ARTICLE FOUR
Fire Management 2015 – 2019 Page 32
average percentage increase of CalPERS rates. If the average
premium increase of CalPERS Los Angeles area Basic (non-
Medicare) medical insurance plans exceeds 4%, any additional
amount shall be borne by the annuitant. The average increase
in PERS monthly health care premiums shall be calculated by
subtracting the average cost of Los Angeles area Basic (non-
Medicare) premiums for all available City-offered CalPERS
health-care plans for the current year from the average cost of
Los Angeles area Basic (non-Medicare) 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. Employees shall only be
eligible to receive the City contribution towards retiree medical
insurance based on his or her family status at the time of
retirement. This amount shall only be increased by up to 4% of
the average cost of CalPERS Los Angeles area Basic (non-
Medicare) premiums as described above.
3. The City’s monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired by the City 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 Government Code
22892. The statutory minimum amount for 2015 is $122/mo.
4. 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. Mandatory employee participation of $25 per
pay period is required.
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 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.
ARTICLE FOUR
Fire Management 2015 – 2019 Page 33
FMG 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 or comparable
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 or comparable
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.
V. LIFE INSURANCE
The City shall continue contracting for the current or comparable program
for Term Life Insurance Group coverage of $50,000. Any alternate program ARTICLE FOUR
Fire Management 2015 – 2019 Page 34
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. CITY RIGHTS – CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and
contractor(s) for dental, vision and life insurance plans, and any other
employee benefits except as otherwise provided for in this MOU.
2. The City agrees to consult with representatives of FMG over any
City-proposed change in the benefit levels of dental, vision or life
insurance plans during the term of this agreement. ARTICLE FOUR
Fire Management 2015 – 2019 Page 35
3. It is understood that no significant changes in benefit levels will occur
without meeting and conferring with FMG.
VIII. 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).
Pursuant to CCR Section 571, Uniform Allowance shall be
reported, for eligible unit employees, to CalPERS as special
compensation under the category of Statutory Items –
Uniform Allowance.
2. In addition to the allowance, the City will provide specific items
of the uniform complement, including but not limited to:
? Belt buckles
? Chevron stripes
? Name tags (e.g., embroidery)
? Patches
? Uniform and cap badges
? 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 ARTICLE FOUR
Fire Management 2015 – 2019 Page 36
(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.
IX. 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:
? Brush pants
? Brush jacket
? Chalk
? Door stops
? Flashlights
? Gloves
? Goggles
? Helmet
? Helmet shield
? Hose ropes
? Nomex hoods
? Safety boots
? SCBA mask
? Spanner wrenches
? Turnout boots
? Turnout coat
? Turnout pants
? 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.
X. COMMUNICABLE DISEASES
A. RISK FROM COMMUNICABLE DISEASES ARTICLE FOUR
Fire Management 2015 – 2019 Page 37
1. The City, the Fire Department and the Fire Management
Group recognize that firefighting 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.
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
? Influenza
? Tetanus/Diphtheria
? Tuberculosis
? Measles, Mumps and Rubella
2. The schedule of immunizations shall be determined between the
Fire Department and Risk Management according to
recommended frequencies.
XI. 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 ARTICLE FOUR
Fire Management 2015 – 2019 Page 38
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 may be placed on
a leave of absence pursuant to the Worker's Compensation
laws of the State of California, 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, pursuant to applicable laws.
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.
XII. PHYSICAL WELL-BEING
1. The parties agree that the physical well-being of unit employees
is a mutual benefit to the City and the employee. To that end, the
City agrees to provide an annual allowance of $550 to each unit
employee effective on the first full pay period after July 1
st
.
2. The Physical Well-Being benefit is recommended to be used
for one (1) 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). ARTICLE FOUR
Fire Management 2015 – 2019 Page 39
? Medical expenses (deductibles or co-payments) not
covered by the employee’s health, dental or vision
insurance.
3. The annual Physical Well-Being benefit shall be contingent
upon the unit employee providing 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.
4 The Fire Chief is exempt from the Respiratory Protection
Program Requirements.
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.
XIII. MEDICAL CERTIFICATE – DRIVERS LICENSE with FIREFIGHTER
ENDORSEMENT
1. Unit 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 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 Well-Being benefit to obtain the medical
certificate or examination.
XIV. DEFERRED COMPENSATION
A. VOLUNTARY DEFERRED COMPENSATION PLAN ARTICLE FOUR
Fire Management 2015 – 2019 Page 40
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 457
and the organizations providing the investment and savings
program for such deferred compensation.
2. Plan documents are maintained by and copies may be
obtained from the Human Resources 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
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.
C. CITY CONTRIBUTION TO VOLUNTARY DEFERRED
COMPENSATION (NON-PERSABLE)
1. 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.
3. Each unit employee may contribute to only one plan at any
time. The City retains the right to change plan administrators ARTICLE FOUR
Fire Management 2015 – 2019 Page 41
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.
5. Unit employees may, at their option, contribute in excess of
the City's matching contribution per pay period to the plan.
XV. 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 $15,000.
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.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 42
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: TO: EQUIVALENCY FORMULA
40-hrs per week
56-hrs per week
Number of Accrued Leave Hours x 1.5
56-hrs per week
40-hrs per week
Number of Accrued Leave Hours ÷ 1.5
C. USE OF LEAVE
1. Leave of absence shall be taken in multiples of one (1) hour.
2. Unit employees can take up to the total amount of
accumulated leave credit.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 43
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 City Manager.
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
Battalion Chiefs 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
6.31 hrs
13.66 hrs
164 hrs
216 hrs
ARTICLE FIVE
Fire Management 2015 – 2019 Page 44
B. NON-SUPPRESSION WORK ASSIGNMENTS
Unit employees in the classifications of Fire Chief, Assistant Fire
Chief, and Fire Marshall shall not accrue in-lieu holiday time. Such
employees are required to work City recognized holidays that fall on
a regularly scheduled work day or must use approved paid leave.
Any affected employees that have existing in-lieu holiday time shall
have the option of using such leave hours until the bank is exhausted
or maintaining the in-lieu holiday leave bank and, upon separation or
sooner having all such hours paid to the employee in cash as non-
PERSable compensation.
C. 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.
3. 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
D. HOLIDAY IN-LIEU TIME TAKEN OR PAYOFF
1. 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.
4. Unit employees may also elect to be paid bi-weekly for annual
accruals for the purpose of making deferred compensation
contributions. ARTICLE FIVE
Fire Management 2015 – 2019 Page 45
5. Holiday in-lieu shall be calculated based upon the unit
employee’s base hourly rate plus EMT pay, Paramedic Pay and
Chief Officer certificate pay.
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 City. Vacation leave shall accrue during
the first twelve (12) month period, but not be available for use.
2. Accumulated vacation time earned shall be shown on each
paycheck stub.
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
below.
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
the vacation is accrued prior to the time of the vacation, except
as authorized by the City Manager.
C. MAXIMUM ANNUAL VACATION ACCRUAL
1. Vacation time may be accrued to a maximum of twice the unit
employee's annual accrual.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 46
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.
2. The benefit shown in each category shall commence upon
entering the first day of the new category as follows:
TABLE OF VACATION LEAVE BENEFITS
FORTY (40) HOUR WORK SCHEDULE:
|1010|st
and |1010|nd
year |1010|rd
thru |10 10|th
Year
10
th
thru
14
th
Year
15
th
thru
19
th
Year
20
Yrs
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:
|1010|st
and |1010|nd
year |1010|rd
thru |10 10|th
Year
10
th
thru
14
th
Year
15
th
thru
19
th
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 (IOD) 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 ARTICLE FIVE
Fire Management 2015 – 2019 Page 47
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 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.
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.
3. The second year's vacation time goes into the Telestaff
distribution system.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 48
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 accumulates 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 article).
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 12.66 hours of sick
leave for each month of service.
? 40-hour employees shall be credited with 8.66 hours of sick leave
for each month of service.
C. MAXIMUM ACCUMULATION OF SICK LEAVE
1. 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
2. Sick leave may be taken in increments of one (1) hour or
more. ARTICLE FIVE
Fire Management 2015 – 2019 Page 49
D. PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Vacation time may not be used for disapproved sick leave.
2. 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
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.
7. The responsibility of proving the validity of a request for sick
leave shall be upon the unit employee.
E. BONUS PLAN - BI-WEEKLY PAYOFF OF UNUSED SICK LEAVE
ACCRUAL / NON-PERSABLE
1. As set forth in the Tier 1 table, 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. ARTICLE FIVE
Fire Management 2015 – 2019 Page 50
TIER 1: SICK LEAVE BONUS PLAN
RATE
MONTHLY
ACCRUAL
RATE /
(bi-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
8.66 hours /
(4 hours)
384 hours
1.85 hrs x 40 hr rate
(½ [50%] of bi-weekly
accrual rate of 3.7 hrs)
1.85 hours
56 hr
12.66 hours
/
(5.85 hours)
576 hours
2.77 hrs x 56 hr rate
(½ [50%] of bi-weekly
accrual rate of 5.5 hrs)
2.77 hours
2. As set forth in the Tier 2 table, 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 /
(bi-weekly
accrual rate)
MAXIMUM
ACCUMULATION
AMOUNT OF
BI-WEEKLY
SICK LEAVE PAYOFF
@ 100%
(Non-PERSable)
40 hr
8.66 hours /
(4 hours)
720 hours
# of hrs of unused sick
leave accrual in excess of
720 hours x 40 hr rate
56 hr
12.66 hours /
(5.85 hours)
1,080 hours
# of hrs of unused sick
leave accrual in excess of
1080 hours x 56 hr rate
c. 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:
ARTICLE FIVE
Fire Management 2015 – 2019 Page 51
1. 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.
2. 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 ARTICLE FIVE
Fire Management 2015 – 2019 Page 52
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
follows:
? 56-hour employees: not more than seventy-two (72) hours
per incident;
? 40-hour employees: not more than forty-eight (48) hours
per incident.
2. Immediate family is defined as follows:
? Brothers ? Sisters
? Children ? Spouse
? Child’s Spouse ? Spouse’s Brothers
? Grandchildren ? Spouse’s Grandparents
? Grandparents
? Parents
? Registered Domestic
Partner
? Siblings’ Spouse
? 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 Human Resources Department in
writing in advance in order to qualify for the leave.
B. 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 ARTICLE FIVE
Fire Management 2015 – 2019 Page 53
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.
2. All emergency leaves of absence shall be limited to forty-eight
(48) working hours within any calendar year, except that Fire
Suppression employees shall be limited to seventy-two (72)
hours per calendar year.
3. 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.
2. 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.
6. 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.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 54
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.
2. Leave may be taken pursuant to prescheduled or
unscheduled leave policy.
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
ARTICLE FIVE
Fire Management 2015 – 2019 Page 55
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.
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.
4. Suppression employees shall take a minimum of six (6) hours
for force hiring back a member.
5. Members will not be force hired if a suppression employee
requests any time off less than the six (6) hour minimum.
6. 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 ARTICLE FIVE
Fire Management 2015 – 2019 Page 56
1. Fire Management employees shall be entitled to paid leave
time for approved voluntary job-related training upon approval
by the Fire Chief.
2. Should such approved training occur on a unit employee’s
scheduled day off, unit employee will be paid for the hours
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.
4. 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
Human Resources 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). ARTICLE FIVE
Fire Management 2015 – 2019 Page 57
4. Any leave without pay must be approved by the City Manager
pursuant to Civil Service Rules.
B. LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY
(30) CALENDAR DAYS
1. 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
1. Employees shall be advised of the duration of approved leave
of absence without pay.
2. Such leave may be cancelled at any time by the City Manager
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.
3. If the City intends to cancel an approved leave of absence
without pay the employee shall:
? Be notified of the City’s intent and given the opportunity
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.
4. If the employee fails to respond or return to work, he/she shall
be deemed to have resigned from his/her position.
ARTICLE FIVE
Fire Management 2015 – 2019 Page 58
D. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY
1. Upon return from leave 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
1. No month shall be counted for benefit eligibility or for the
accumulation of vacation or sick leave when the employee is
absent on leave without pay, including suspension from duty
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.
3. An employee on unpaid leave of absence under this section
shall be responsible for the payment of insurance premiums ARTICLE FIVE
Fire Management 2015 – 2019 Page 59
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.
2. Specific details of the State and Federal laws relating to FMLA and
CFRA are available in the Human Resources Department.
3. Unit employees and department management must contact the
Human Resources 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
1. 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;
? The employee's own serious health condition; or
? Any qualifying exigency arising out of a spouse, child or
parent called to active military duty
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. ARTICLE FIVE
Fire Management 2015 – 2019 Page 60
B. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amount of leave shall be twelve (12) weeks in
a twelve (12) month period.
2. The twelve-month period is rolling, and is measured backward
from the date leave is used.
3. Leave may be taken as days off, or intermittent or modified
work schedules.
4. 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 Human Resources 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 unit employee or family member's health condition
D. USE OF ACCRUALS WHILE ON FMLA
1. 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.
2. FMLA shall run concurrently with Pregnancy Disability Leave. ARTICLE FIVE
Fire Management 2015 – 2019 Page 61
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.
3. Pregnancy Disability Leave without pay shall not be granted until
accrued sick leave has been exhausted.
4. 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 provide justification 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.
3. 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. ARTICLE SIX
Fire Management 2015 – 2019 Page 62
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
1. When necessary, the City shall establish seniority lists and, in
certain situations, 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.O.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.
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 ARTICLE SIX
Fire Management 2015 – 2019 Page 63
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 Rules. ARTICLE SEVEN
Fire Management 2015 – 2019 Page 64
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1, 2015 and together with all the terms,
conditions and effects thereof, shall expire as of midnight on December 31, 2019.
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.
IV. CIVIL SERVICE RULES/CITY POLICY
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 therein.
ARTICLE SEVEN
Fire Management 2015 – 2019 Page 65
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. ARTICLE SEVEN
Fire Management 2015 – 2019 Page 66
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.
ARTICLE SEVEN
Fire Management 2015 – 2019 Page 67
PARTIES TO THE AGREEMENT
CULVER CITY FIRE MANAGEMENT GROUP CITY OF CULVER CITY, CA
Rob M. Wexler, Chief Negotiator John M. Nachbar, Chief Negotiator
Labor Attorney City Manager
Mike Nagy Jeff Muir
Culver City Fire Management Group Chief Financial Officer
Mike Bowden Serena Wright
Culver City Fire Management Group Human Resources Director