City of Culver City, California
Agenda Item Report
Meeting Date: 12/05/2011 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Three (3)
Year Memorandum of Understanding with the Culver City Fire Management Group
for the Period of January 1, 2012 through December 31, 2014, with the Option of an
Additional One (1) Year Extension.
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (12/1/11); Culver City
Fire Management Group (11/30/11)
Department Approval
Serena Wright (11/29/11)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/29/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/30/11)
City Manager Approval:
John Nachbar (12/01/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a three (3)
year Memorandum of Understanding (MOU) with the Culver City Fire Management
Group for the period of January 1, 2012 through December 31, 2014, with the option
of an additional one year extension.
BACKGROUND:
The Memorandum of Understanding (MOU) with the Culver City Fire Management
Group (CCFMG) is due to expire on December 31, 2011. After meeting and
conferring on a successor MOU, the City and CCFMG have reached agreement
resulting in a three (3) year contract.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and adoption
achieves a number of organizational goals and sets the City on a sustainable path in
controlling its future personnel costs. Some key elements include:
• Creating a second tier system for pension and retiree medical benefits for new
employees City of Culver City, California
Agenda Item Report
• Employees contributing to the CalPERS pension account
• Converting to a defined contribution benefit for employee health benefits and
capping the annual growth to 4%
• Modifying retiree medical for active employees and new hires
The specific essential changes to the MOU are as follows:
Term
1. The term of the contract is three (3) years. CCFMG has the option to extend
the agreement one additional year.
Pension
2. The City will create a second tier for all new employees that are hired after
approval of the California Public Employees’ Retirement System contract
amendment. These employees will participate in the CalPERS 3% @ 55
pension plan and shall be required to pay the entire 9% CalPERS employee
contribution rate. Final pension compensation shall be based on the highest
average full-time monthly pay rate for a 3-year period.
3. Effective January 1, 2012, or as soon as implementation can occur, the City
shall continue to pay and begin reporting as compensation the CalPERS
employee contribution rate for all unit employees hired prior to July 1, 2011.
4. Effective January 1, 2012, or as soon as implementation can occur, all unit
employees hired prior to July 1, 2011 shall share the costs of optional benefits
in the amount of 9% as follows:
• Effective January 1, 2012 4%
• Effective January 1, 2013 5%
• Effective January 1, 2014 9%
Certificate Pay
5. Effective January 1, 2012 unit employees hired prior to the adoption of the
MOU shall be eligible to receive 4% Chief Officer Certificate pay. This is
achieved by shifting 4% of the increases due under the Salary Initiative
Ordinance into certificate pay. This certificate pay shall be reduced up to 4%
commensurate with any and all increases provided under the Salary Initiative
Ordinance. New employees will not be eligible for this certificate pay.
City of Culver City, California
Agenda Item Report
Active Employee Health Benefits
6. Effective January 1, 2012, all unit employees shall participate in the CalPERS
cafeteria plan for health benefits including medical, dental, vision and/or life
insurance. The monthly allowance shall be:
Single party: $ 642.00
Two-party: $ 1,103.00
Family Coverage: $ 1,370.00
This includes the contribution set forth by the California Public Employees’
Medical and Hospital Care Act (PEMHCA) under Government Code 22892. The
statutory minimum amount for 2012 is $112.00 per month per employee and
increases annually based on the medical component of the Consumer Price
Index - Urban. Effective January 1, 2012, and each year thereafter, the monthly
allowances shall be adjusted by the average premium increase for the plans
offered by CalPERS, but the increase shall not exceed 4% annually.
Retiree Medical
7. Upon implementation, unit employees hired after July 1, 2011 shall receive the
statutory PEMHCA minimum towards retiree medical benefits. In addition,
employees will be required to participate in a retiree health savings plan in which
the City shall match the first $25 per pay period.
Employees hired prior to July 1, 2011, with a minimum of five (5) years City
service, shall be eligible to receive up to $500.65 per month based on plan
enrollment towards retiree medical benefits for the retiree only and an additional
$437 per month for pre-65 spousal or dependent coverage subject to vesting.
Effective January 1, 2012, and each year thereafter, the monthly allowances
shall be adjusted by the average premium increase for the plans offered by
CalPERS, but the increase shall not exceed 4% annually.
Employees hired prior to July 1, 2011 that, as of December 31, 2011, have
twenty (20) or more years of CalPERS service or, unit employees that retire by
January 1, 2022 with twenty-five (25) years or more of Culver City service shall
be grandfathered into the City’s retiree medical program as described in the 2005
– 2010 (and extended through 2011) CCFMG MOU.
Miscellaneous
8. Amendments in various places of the MOU have been made for
administrative ease and/or clarification.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
There will not be an immediate savings realized with the creation of a second retirement
tier. However, in the long-term the lower benefit formula will result in a reduction in the
employer contribution rates as turnover in the workforce occurs.
Savings from CCFMG employees paying a portion of the employer contribution rate to
CalPERS will phase in over the course of the next three years. By the end of the
contract, the estimated savings to the General Fund are $52,000 per year. This savings
will increase over time as more turnover takes place.
Implementing a cafeteria plan for benefits is not expected to result in significant savings
in 2012. However, by converting to a specific dollar allowance and implementing a 4%
annual cap on future growth, the City has achieved more budgetary certainty in these
costs moving forward. To the extent that the medical premiums from CalPERS rise by
more than 4% in any given year, the City will experience on-going savings.
During Fiscal Year 2011/2012 the City engaged an actuary to complete a valuation of
the City’s total liability for the existing retiree medical benefit. Because the City is not
currently doing any pre-funding of this benefit, the liability for all current retirees and
employees was calculated at over $200 million, with a required annual contribution of
over $11 million. Based on current estimates, retiree medical benefit changes
negotiated in the MOU’s reduce the liability and required annual contribution amount by
20%. At the completion of negotiations with all of the groups, a new actuarial report will
be completed to recalculate the City’s total liability.
ATTACHMENTS:
1. Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt a Resolution approving a three (3) year Memorandum of Understanding
between the City and the Culver City Fire Management Group for the period of
January 1, 2012 through December 31, 2014, with the option of an additional one (1)
year extension.
1. Resolution
2. Master Memorandum of Understanding
1 - 2
3 - 65
MEETING DATE: 12/05/11
AGENDA ITEM: Adoption of a Resolution Approving a Three Year
Memorandum of Understanding with the Culver City Fire Management Group
for the Period of January 1, 2012 — December 31, 2014
ATTACHMENTS
Pages 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. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
WITH THE CULVER CITY FIRE MANAGEMENT
GROUP AND RESCINDING RESOLUTION NO. 2008-
R088.
WHEREAS, the Culver City Fire Management Group employee
representatives and City representatives have met and conferred and executed a
"Master" Memorandurn 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 of
January 1, 2012, through December 31, 2014, with the Culver City Fire Management
Group having the option to extend the Memorandum of Understanding an additional
year through December 31, 2015.
2. The City Manager and Chief Financial Officer are hereby
authorized to adjust the budget and the records of employees necessary to pay the
/
/1/
/
/ / /
/
/ /
/
-1- / A A
114:iXiTed‘
MARTIN R. COLE, City Clerk CAlkati, SCHWAB, ity Attorney
ATTEST: APPROVED'
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
25
27
28
salaries and costs related to the terms of the approved Master Memorandum of
Understanding.
APPROVED and ADOPTED this day of 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
A11-00791
-2- MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY FIRE MANAGEMENT GROUP
January 1, 2012 to December 31, 2014
(may be extended through December 31, 2015 at CCFMG option) ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY FIRE MANAGEMENT GROUP
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU" is
made by and between the City of Culver City, California, hereinafter called
the "City", and the Culver City Fire Management Group ("FMG"),
representing Battalion Chief, Battalion Chief/Fire Marshal, Battalion
Chief/Assistant Chief, and Fire Chief, hereinafter called "unit employees."
This MOU is made pursuant to the California Government Code Section
3500, et seq.
RECOGNITION
1. The City Council hereby recognizes the Fire Management Group as
representative of the classes of positions of:
• Battalion Chief;
• Battalion Chief/Fire Marshal;
• Battalion Chief/Assistant Chief; and
• Fire Chief.
2. The Fire Management Group agrees to waive the timely filing
period for unit modification, as defined in the City's Employer-
Employee Relations Resolution (ERR), such that the City may
initiate discussions regarding possible modification of the
bargaining unit regarding Executive Management.
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.
Fire Management 2012 — 2014 Page 1
4 ARTICLE ONE
IV. NONDISCRIMINATION
A. POLICY
No unit employee shall be subject to discrimination which is
prohibited by applicable federal, state or local law. In accordance
with this policy, the City agrees that no unit employee shall be
interfered with, intimidated, restrained, coerced, or discriminated
against because of political opinions or affiliations, race, religious
belief, age, sex, physical or mental disability, or because of the
exercise of his or her rights under this MOU.
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.
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.
Fire Management 2012 — 2014 Page 2
5 ARTICLE ONE
B. INDEMNIFICATION
The Fire Management Group agrees to indemnify and hold
harmless the City against all claims, including costs of suit and
reasonable attorney fees and/or other forms of liability arising from
the implementation of the provisions of this Section.
VI. RIGHTS
A. EMPLOYEE RIGHTS
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:
Determining the mission of the City's constituent
departments, commissions and boards;
9.
Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing unit employees, and
taking disciplinary action;
Fire Management 2012 —2014 Page 3
‘,P ARTICLE ONE
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.
D. MODIFYING EMPLOYEE STAFFING LEVELS - WAIVER OF
MEET AND CONFER
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
Fire Management 2012— 2014 Page 4 ARTICLE ONE
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.
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
Fire Management 2012 —2014 Page 5 ARTICLE ONE
hours worked for computation of overtime in the respective
work period.
B. USE OF OTHER LEAVES
This special leave of absence will not prohibit unit employees from
requesting and being granted Vacation Leave, Administrative
Leave, or Leave of Absence Without Pay within governing rules
and departmental policies.
C. RELEASE TIME CERTIFICATION
An officer of the Fire Management Group will certify that the Fire
Management Group is authorizing the unit employee to use the
time. This certification is to be signed and attached to the "Request
for Leave of Absence form."
Fire Management 2012 —2014 Page 6 ARTICLE TWO
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.
e. Salary Rate - each hourly salary listed in the Schedule of
Salary Ranges adopted by Resolution CS-7714, as
amended."
"Section 3. SALARIES
a. The salary steps for the classification of Police Officer in the
Police Department of the City of Culver City shall be set at
an amount not less than the average of base monthly
salaries for comparable steps in classifications in the Police
Department of the City of Los Angeles and the Sheriffs
Department of the County of Los Angeles.
b. The salary steps for the classification of Fire Fighter in the
Fire Department of the City of Culver City shall be set at an
amount not less than the average of base monthly salaries
Fire Management 2012 — 2014 Page 7 ARTICLE TWO
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 Cliassification 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 + 0%
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.
Whenever base monthly salaries for Police Officers or Fire
Fighters are approved for adjustment by the elected
governing body of the City of Los Angeles or the County of
Los Angeles, or both, the City Council of the City of Culver
City within thirty days shall adjust salaries of Culver City
Police Officers or Fire Fighters, or both, in accordance with
this ordinance. Said salary adjustments shall be effective
the first pay period following the effective date in the City of
Los Angeles or the County of Los Angeles including any
retroactive adjustment of the Base Monthly Salary".
Fire Management 2012— 2014 Page 8
kt ARTICLE TWO
"Section 4. APPLICABLE LAWS
a. Conditions of employment, except the setting of salaries as
herein above stated, are based upon and pursuant to
applicable law.
b. If any section of this Ordinance or part thereof shall be
declared unconstitutional or illegal for any purpose, then the
illegal section shall not affect the validity or legality of the
remaining portion or portions of this Ordinance.
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:
FRO
40-hour non-suppression
pay rate
56-hour suppression pay
rate
TO:
56-hour suppression pay
rate
40-hour non-suppression
pay rate
EQUIVALENCY FORNIULA:
40 pay rate 1.4 = 56 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
employees under current Initiative Ordinance calculations.
D. SCHEDULE CALENDAR
1. The City agrees to print schedule calendars annually, in
color:
• "A" shift in red
• "B" shift in blue
Fire Management 2012-2014 Page 9 ARTICLE TWO
• "C" shift in green
2. The schedule calendars shall identify:
• payroll periods,
• 24-day cycles
• holidays,
• shift schedules, and
• scheduled hours for each shift in each pay period.
3. The size, number and type of calendar will be determined
between the Fire Management Group and the Fire Chief.
II. SUPPLEMENTAL COMPENSATION
A. ACTING PAY
Any permanent or probationary employee who is required to,
and acts and performs duties included within a higher
classification and which are broader than the specifications
governing such employee's position shall be paid in
accordance with the step and salary range appropriate for
such higher classification in the event that such acting
service extends for a period in excess of eighty (80)
consecutive working hours for 40-hour per week employees
or five consecutive twenty-four (24) hour working shifts for
56-hour per week employee.
2. During that period of acting service, unit employees that are
off on a scheduled holiday in-lieu day or compensatory day
shall be paid at the acting pay rate for such time. All other
leave time shall be paid at the employee's regular rate of
pay, except as provided for below in Article Two Section II
(A) (3).
3. When the unit employee has worked in one continuous
acting assignment in excess of three (3) months, he/she
shall receive the acting pay rate for vacation or other paid
leaves taken after the 90th calendar day.
4 Employees receiving acting pay as set forth above shall
continue to receive the benefits associated with his/her
permanent position and not the benefits associated with the
acting position.
Fire Management 2012 — 2014 Page 10
V)) ARTICLE TWO
HI. 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.
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 three percent (3%), as
long as said unit employees maintain EMT Certification.
C. ASSISTANT FIRE CHIEF / FIRE MARSHAL ASSIGNMENT PAY
1. Battalion Chiefs regularly assigned to administrative
functions such as Assistant Fire Chief or Fire Marshal shall
receive additional assignment pay for significant increases in
management job duties and responsibilities.
Fire Management 2012-2014 Page 11 ARTICLE TWO
2. Fire Marshal and Assistant Fire Chief regularly assigned to a
40-hour work week assignment shall receive assignment pay
of fifteen percent (15%) higher than the base salary for
Battalion Chief on the 56-hour suppression assignment.
D. CHIEF OFFICER CERTIFICATE
Effective the first pay period commencing on or after January 1,
2012, all unit employees hired by the City prior to the adoption of
this MOU, that possess a Chief Officer certificate shall receive an
additional four percent (4%) certificate pay. This 4% certificate pay
is an advance of future salary increases granted by the County of
Los Angeles Fire Department and/or the City of Los Angeles Fire
Department. This certificate pay shall be reduced up to 4%
commensurate with any and all increases provided under the
Salary Initiative Ordinance.
IV. USE OF TIMEKEEPING/STAFFING
The City and the Fire Management Group agree to continue discussion
regarding the use of the Telestaff system including changes to policies
that affect wages, hours and working conditions.
Fire Management 2012 — 2014 Page 12
t5 ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES CONSTANT STAFFING AND
EMERGENCY SERVICE REFILL (ESR) PLAN
I. WORK SCHEDULE
The appointing authority is authorized to establish work schedules for
employees reporting to him/her subject to the provisions of the IVIOU.
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. Except for Fire Suppression unit employees, equivalent biweekly
pay rates shall be determined by multiplying the hourly rates by
eighty (80) hours, and equivalent annual pay rates shall be
determined by multiplying the hourly rates by two thousand and
eighty (2,080) hours.
2. Fire Suppression biweekly pay rates shall be determined by
multiplying the hourly rates by one hundred and twelve (112) hours,
and the equivalent annual pay rates shall be determined by
multiplying the hourly rates by two thousand nine hundred and
twelve (2,912) hours.
3. Equivalent monthly pay rates shall be determined by dividing the
equivalent annual rates by twelve (12) months.
Fire Management 2012 — 2014 Page 13
1 VP ARTICLE THREE
III. SUPPLEMENTAL COMPENSATION
A. OVERTIME
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.
2. "Emergency Recall" is defined as a return to work on an
otherwise off-duty day during a declared emergency
Fire Management 2012 —2014 Page 14 ARTICLE THREE
(Federal, State [i.e., OES] or Local Mayor, Council Member,
City Manager, Fire Chief or his/her designee):
a. by staffing an additional engine company, truck
company, rescue unit, or a combination of the units
listed (beyond normal on-duty staffing as defined
under Subsection 1-14 - Work Schedule); or
b. for the purpose of assignment to replace on-duty
personnel assigned to respond to such emergencies.
3. Assignments to replace an employee during sick leave,
vacation, in-lieu (holiday) time, training, education, IOD
(Labor Code Section 4850 time), jury duty, bereavement
leave, voting leave, military leave, emergency leave, or to
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
(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.
Fire Management 2012 — 2014 Page 15 ARTICLE THREE
1. The City will observe the principle of "constant staffing," as
provided in Divisions 208 and 209 of the Department Rules
and Regulations.
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.
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.
Fire Management 2012 — 2014 Page 16 ARTICLE THREE
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:
TO: . . .„ :
: EQUIVAI.-FNCY FORMULA:
40-hour non-suppression 56-hour suppression
assigned work schedule assigned work schedule 40 hours x 1.4 = 56 hours
56-hour suppression 40-hour non-suppression
assigned work schedule 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
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.
Fire Management 2012 — 2014 Page 17
7.0 ARTICLE THREE
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.
3. Disputed trade agreements shall be resolved between the
unit employees.
4. Both parties of the trade agreement must agree upon the
amount of hours being transferred prior to submission.
5. Transfer of vested hours will not be hour for hour, but will be
modified based on each unit employee's salary, such that
the value of the hours remains the same.
Fire Management 2012 — 2014 Page 18 ARTICLE THREE
X. CITY RETAINS RIGHTS
City retains the right to add, delete or modify positions and assignments in
its sole discretion after consulting with the Fire Management Group, and
meeting and conferring, as may be required, only over the impact on
wages, hours or terms and conditions of employment of affected unit
employees
Fire Management 2012 — 2014 Page 19 Fire Management 2012 — 2014 Page 20
ARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A. PERS RETIREMENT BENEFITS
As of the effective date of this MOU the City agrees to provide
retirement benefits under the California Public Employees'
Retirement System as follows:
., : i :::GOVE!RNW
CODE SECTION :BENEFIT: ...
For unit employees
hired on or after January 1.2012:
20037 Three-year Final Compensation: Final
compensation is the average full-time monthly pay
rate for the highest thirty-six (36) consecutive
months.
For unit employees
20042 hired prior to January 1,2012:
One-Year Final Compensation - Final
compensation is the average full-time monthly pay
rate for the highest twelve (12) consecutive
months.
20055 Prior Service Credit: Unit employees may be
eligible to purchase prior service credit.
20996 Military Service Credit: Unit employees may elect
to purchase up to four (4) years of service credit.
Two percent (2%) COLA: Beginning the 2nd
21329 calendar year after the year of retirement,
retirement and survivor allowances will be
adjusted annually on a compound basis of two
percent (2%); the adjustment may not be greater
_ than the change in the CPI.
Base retirement plan of three percent (3%) at age
21363.1 55 for all eligible unit employees. ARTICLE FOUR
GOVERNMENT
•
CODE SECTION BENEFIT ,
21548 Pre-Retirement Optional Settlement 2 Death
Benefit: Upon the death of a member who was
eligible to retire, the spouse may receive an
allowance equal to the amount the member would
have received if the member had retired for
service retirement on the date of death and
elected Option 2W.
21574 Fourth Level 1959 Survivor Benefit
21624-21626 Post-Retirement Survivor Allowance
B. 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 covered by this MOU 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)
1. Effective January 1, 2012, pursuant to Government Code section
20636 (c) (4), the City shall continue to pay and begin reporting 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
concomitantly increase the Chief Officer certificate by 3% in lieu of
City paying for such contributions and thus participating in
Government rode section 90636 (c) (4), terminating any cost
Fire Management 2012 — 2014 Page 21 ARTICLE FOUR
sharing pursuant to subparagraph D, below, and having 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. COST SHARING
In accordance with Government Code 20516 (f), unit employees
shall share the costs of optional benefits as follows. Participation in
Cost Sharing shall be mandatory and said contributions shall be
designated as employee contributions.
• Effective the first full pay period after January 1, 2012, unit
employees shall p.ay a. total. of 4% of the PERS employer
contribution rate
• Effective the first full pay period after January 1, 2013, unit
employees shall pay an additional 1%, for a total of 5% of the
PERS employer contribution rate
• Effective the first full pay period after January 1, 2014, unit
employees shall pay an additional 4%, for a total of 9% of the
PERS employer contribution rate
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.
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
Fire Management 2012 — 2014 Page 22
25 ARTICLE FOUR
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.
H. MEDICAL INSURANCE
A. MEDICAL INSURANCE — PERS MEDICAL PLANS
The City contracts with the Public Employees' Retirement System
(PERS) for medical insurance coverage. Eligible new hires are
covered under the program on the first day of the month following
enrollment. Effective January 1, 2012 the City will contribute the
Public Employees' Medical and Hospital Care Act (PEMHCA)
statutory minimum on behalf of each participant in the program. A
participant is defined as 1) an enrolled employee and eligible
dependents 2) an enrolled retiree and eligible dependents and 3) a
surviving annuitant. The PEMHCA statutory minimum for 2012 is
$112 per month. Inclusive of the statutory minimum, flexible
benefits shall be provided in a Cafeteria Plan as follows.
Fire Management 2012 — 2014 Page 23
Its ARTICLE FOUR
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance
with IRS Code Section 125 for all active employees. Unit
employees participating in the City's full flex cafeteria plan shall
receive a monthly flex dollar allowance to purchase benefits offered
under the full flex cafeteria plan. The following health care benefits
shall be offered through the cafeteria plan: medical, dental, vision
and life. The monthly dollar allowance, which is inclusive of the
statutory PEMHCA minimum, shall be:
Employee only:• $ 642.00
Employee + 1: $ 1,103.00
Family: $ 1,370.00
The monthly flex dollar allowance may be used in accordance with
the terms of the cafeteria plan to purchase benefits offered under
the cafeteria plan and other supplementary products. After the
mandatory insurance has been purchased, the employee has the
option to waive the other benefits and have the excess flex dollars
converted to taxable income or purchase other supplementary
products.
In the event that premiums and/or costs for the selected benefits
exceed the monthly flex dollar allowance, the balance will be paid
by the employee through automatic pre-tax payroll deduction, as
permitted under IRS Code Section 125.
Effective January 1, 2012 and each January 1, thereafter, the City
will increase its contributions to employees' flex cafeteria plans by
the average increase of the PERS monthly health insurance
premiums under plan, capped at 4% per year, plus 100% of the
cost of HMO dental, vision and life insurance. The average
increase in PERS monthly health care premiums shall be
calculated by subtracting the average cost of premiums for all
available City-offered CalPERS health-care plans for the current
year from the average cost of premiums for all available City-
offered CalPERS health-care plans for the upcoming year. If this
percentage is less than 4%, then the City allowances shall be
increased by that actual percentage. If this percentage equals or
exceeds 4%, the City allowances shall be increased by 4%. If there
is a year where the average premium increase is 0%, or there is an
overall decrease, the City contribution shall not be adjusted.
Fire Management 2012 — 2014 Page 24 ARTICLE FOUR
C. MEDICAL INSURANCE PREMIUMS — OPT-OUT/CASH OUT
OPTION (NON-PERSABLE)
1. Unit employees may elect to discontinue participation in (i.e., "opt
out") the PERS Health Plan medical insurance coverage. The
intent of this provision is to share premium savings that the City will
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
1. For medical insurance plans, when a unit employee is the spouse
or registered domestic partner of another benefited City employee,
the affected employees shall have the option of:
• Each employee have a flex dollar amount of a single
employee; or
• one (1) employee may select a plan and list the spouse
as a dependent under the two-party or family coverage,
as applicable and the remaining employee may opt-out
as outlined above.
2. Dependents of City employees, that are also employed by the City,
may not participate in opt out unless hefshe is able to provide proof
of coverage through another (non-City) benefit plan.
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
Fire Management 2012 2014 Page 25
1)6 ARTICLE FOUR
insurance carrier and Cafeteria Plan regulations. Employees shall
be re-enrolled per the Cafeteria Plan as provided in Article Four
Section 11.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.
RETIREE MEDICAL INSURANCE
1. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees that retire on or
before December 31, 2011 or "Grandfathered" employees, shall be
as follows:
All plans except PERSCare:
• City shall pay ninety-five percent
(95%) of the monthly medical
plan premium; and
• Retirees shall pay five percent
(5%) of the monthly medical
plan premium.
PERSCare Plan:
• City shall pay seventy
percent (70%) of the
monthly PERSCare
premium; and
• Retirees shall pay thirty
percent (30%) of the
• monthly PERSCare
premium.
"Grandfathered employees" is defined as unit employees that, as of
December 31, 2011, have twenty (20) or more years of CalPERS
service (excluding "Air Time") or, unit employees that retire on or
before January 1, 2022 with twenty-five (25) years or more of
Culver City service. An employee who promotes into FMG shall
Fire Management 2012 —2014 Page 26 ARTICLE FOUR
have the retiree medical benefit in which they were eligible under
the 2012 — 2014 Culver City Firefighters Local 1927, AFL-CIO
MOU. During the term of this agreement only, any employee
holding the classification of Fire Captain that promotes into the Fire
Management Group shall be offered the grandfather clause if
he/she meets the program criteria, as described above.
2. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired prior to July 1,
2011 that retire on or after January 1, 2012, shall be as follows:
Upon retirement with a minimum of 5 years City service, employees
who were hired prior to July 1, 2011 shall be eligible to receive,
inclusive of the PEMHCA minimum, up to $500.65/mo based on
plan enrollment for retiree only; and pre-65 spousal/dependent
coverage shall be provided to an additional $437.00/mo subject
to vesting. Vesting for pre-65 spousal/dependent coverage is
contingent upon the employees' years of City service at retirement
such that the additional amount for pre-65 spousal/dependent
coverage vests as follows: 6 years = 20%, 7 years = 40%, 8 years
= 60%, 9 years = 80%, 10 years = 100%). Upon retirement with 10
or more years of service, 100% of the pre-65 spousal/dependent
coverage is vested.
Effective January 1, 2012 and each January 1, thereafter, the City
will increase its contributions to employees' flex cafeteria plans by
the average increase of the PERS monthly health insurance
premiums under the plan, capped at 4% per year, plus 100% of the
cost of HMO dental, vision and life insurance. The average
increase in PERS monthly health care premiums shall be
calculated by subtracting the average cost of premiums for all
available City-offered CalPERS health-care plans for the current
year from the average cost of premiums for all available City-
offered CalPERS health-care plans for the upcoming year. If this
percentage is less than 4%, then the City allowances shall be
increased by that actual percentage. If this percentage equals or
exceeds 4%, the City allowances shall be increased by 4%. If there
is a year where the average premium increase is 0%, or there is an
overall decrease, the City contribution shall not be adjusted.
3. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired by the City on
or after July 1, 2011 shall be as follows:
• Upon retirement, employees shall be eligible to receive a
Fire Management 2012 —2014 Page 27 ARTICLE FOUR
City contribution for retiree medical in accordance with the
minimum established by Government Code 22892. The
statutory minimum amount for 2012 is $112/mo.
4. For all City employees regardless of date of hire, effective July 1,
2012, or as soon as implementation can occur; the City shall make
available a retiree health care trust (RHS) to enable employees to
prefund retiree health care expenses while employed by the City.
The City shall match the first $25 per pay period of the employee
contribution to the RHS. The individual accounts can be utilized
after separation of service for reimbursement of all 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.
FMG understands that changes to contributions and/or
disbursements from the RHS can change at any time pursuant to
federal laws and regulations.
HI. DENTAL INSURANCE
1. The City shall continue contracting for the current dental insurance
program. Any alternate program must provide substantially identical
benefits, unless otherwise agreed by the parties during the meet
and confer process. All unit employees shall be eligible to enroll
qualified dependents and will pay the premium costs for such
enrollment through the full flex cafeteria plan.
2. For dental insurance plans, when a unit employee is the spouse of
another benefited City employee, the affected employees shall
have the option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a
dependent.
IV. VISION CARE INSURANCE
1. The City shall continue contracting for the current vision insurance
program. Any alternate program must provide substantially identical
benefits, unless otherwise agreed by the parties in the meet and
confer process. All unit employees shall be eligible to enroll
Fire Management 2012 — 2014 Page 28
Sk ARTICLE FOUR
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 program for Term Life
Insurance Group coverage of $50,000. Any alternate program must
provide substantially identical benefits, unless otherwise agreed by the
parties in• the meet and confer process.
VI. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and
dependent care, pursuant to Section 125 of the Internal Revenue Service
Code (Section 125), as amended. Under Section 125, the maximum
annual amount an employee may contribute on a pre-tax basis is
statutorily set.
Pursuant to Section 125, employees may contribute pre-tax earnings into
these accounts. •The medical expense contribution may be used for
reimbursement of medical expenses such as deductibles, co-pays and
expenses in excess of what insurance covers. Dependent care expenses
may not be reimbursed until after they are actually incurred - i.e., after the
care has been provided, and not when the participant is formally billed.
Reimbursable dependent care expenses are non-health care expenses
that include insuring a qualified dependent's well-being and protection.
Qualified dependents are children under age 13, disabled spouses and
other dependents who are physically or mentally incapable of self-care,
and who regularly spend at least eight hours each day in the taxpayer's
household.
Pursuant to Section 125, eligible reimbursable expenses must be incurred
within the calendar year, January 1 st through December 31 st, and must be
submitted for reimbursement no later than March 31 st of the following
calendar year. Receipts submitted after March 31s t in the following
calendar year shall be forfeited.
Fire Management 2012 — 2014 Page 29
S7- ARTICLE FOUR
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.
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.
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).
2. In addition to the allowance, the City will provide specific
items of the uniform complement, including but not limited to:
• Belt buckles • Patches
• Chevron stripes • Uniform and cap badges
• Name tags (e.g., embroidery)
• Other required items which attach to the uniform as may be
determined at the sole discretion of the Fire Chief.
Fire Management 2012 —2014 Page 30 • 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
ARTICLE FOUR
C. CHANGE OF DEPARTMENT UNIFORMS
In the event the City deems it necessary for safety reasons or
identification preference to change the Fire Department uniforms,
the City shall, at no cost to the employee, supply all members with
three (3) sets of work uniforms and one (1) work jacket, unless the
prior work uniform can be replaced through attrition.
D. UNIFORM ALLOWANCE (PERSABLE)
The City agrees to pay the employee's contribution to the Public
Employees' Retirement System as it pertains to uniform
reimbursement amounts. The annual retirement contribution shall
be based on the above stated amounts for the term of the MOU.
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:
• 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.
Fire Management 2012 — 2014 Page 31 ARTICLE FOUR
X. COMMUNICABLE DISEASES
A. RISK FROM COMMUNICABLE DISEASES
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.
3. The City agrees to process such claims within seven (7)
working days of submission.
B. PREVENTIVE MEASURES
The City agrees to make available to all members of the Culver City
Fire Department any preventive vaccines, periodic tests, and
documentation recommended by the Culver City Fire Department
Medical Director and the Culver City Fire Department
Communicable Disease Guidelines Policy.
C. ANNUAL IMMUNIZATIONS, TESTING AND DOCUMENTATION
1. Each year all members will be offered applicable
immunizations, testing and documentation including
but not limited to the following:
2.
• Hepatitis • Tetanus/Diphtheria
• Influenza • Tuberculosis
• Measles, Mumps and Rubella
2. The schedule of immunizations shall be determined between
the Fire Department and Risk Management according to
recommended frequencies.
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.
Fire Management 2012 2014 Page 32
S5 ARTICLE FOUR
B. OFF-DUTY WORK
Unit employees that are assigned by the Fire Department to work
off-duty details (i.e., studio details or other off-duty work which the
City has determined to require the assignment of Fire Department
employees, and for which an employer other than the City assumes
responsibility for compensation to the off-duty Fire employees) shall
nevertheless be considered employees of the City of Culver City for
purposes of workers' compensation and industrial disability
retirement benefits for any injuries received during such duty.
C. LABOR CODE SECTION 4850 / TEMPORARY TOTAL
DISABILITY (TTD) / EXTENDED LEAVE
1. When a unit employee covered herein is injured in the
course of employment and unable to work, he/she is may be
placed on a leave of absence pursuant to the Worker's
Compensation laws of the State of California and Labor
Code Section 4850.
If a unit employee's paid leave extends beyond the term
covered by the above provision, the unit employee may
supplement temporary disability payments with accrued sick
leave and accrued vacation.
3. The City or unit employee may initiate a disability retirement
application at any time during the disability period that the
unit employee's condition is found to be permanent and
stationary.
4. When a disabled unit employee's temporary disability
payments stop, the unit employee may elect to utilize
accumulated sick leave or vacation leave credits to continue
on paid leave, subject to normal deductions.
XII. PHYSICAL WELLNESS
A. ANNUAL REIMBURSEMENT
1. If Risk Management and the Fire Chief agree that the bi-
annual physical examination is optional, the Fire
Management employee may elect to waive the bi-annual
physical and request reimbursement up to the maximum
amount per fiscal year as set forth in the following table:
Fire Management 2012 —2014 Page 33 Maximum
Amount
Fiscal Year
July 1 st — June 30
$550
$550
$550
ARTICLE FOUR
2012-2013
2013 — 2014
2014 — 2015
Reimbursement shall be for one or more of the following
purposes and incur within the same fiscal year the
reimbursement is requested:
• Medical examination by the health provider of the unit
employee's choice.
• Membership in a health club or fitness center.
• Other formal wellness programs provided by
professionals (smoking cessation, weight control,
nutrition, or similar programs).
• Reimbursement for medical expenses (deductibles or
co-payments) not covered by• the employee's health,
dental or vision insurance.
3. Wellness reimbursement for expenses other than a physical
examination shall be contingent upon acceptable proof to the
Fire Chief of a physical examination at a minimum of every
other year. Acceptable proof can be in the form of a
physician or physician's assistant written certification of:
• Physical exam consisting of a cardiac stress test,
pulmonary function test, eye exam and hearing test; or
• A signed certification of medical fitness under the Culver
City Fire Department Respiratory Protection Program.
4 The Fire Chief is exempt from the Respiratory Protection
Program Requirements.
5. Reimbursement to the unit employee for his/her expenditure
for one or more of the above purposes shall be
accomplished by submitting applicable receipts and a
request for reimbursement (Requisition) through the
department head to Accounting.
B. CARRY-OVER OF UNUSED WELLNESS FUNDS
1. Funding for this program will be carried in the Fire
Department budget in an amount sufficient to cover the
number of eligible Fire Management employees.
2. Unused funds may be carried over from one fiscal year to
Fire Management 2012 — 2014 Page 34 ARTICLE FOUR
the next fiscal year only as set forth in the following table:
Fiscal Year Benefit Maximum Amount
(July 1st — June 30 Amount (Prior fiscal year carry-over
plus current fiscal year
benefit amount)
July 1, 2012 — June 30, 2013 $550 $ 1,100 ($550 + $550)
July 1, 2013 — June 30, 2014 $550 $1,100 •($550 + $550)
July 1, 2014 — June 30, 2015 $550 $11,100 ($550 + $550) .
3. Each eligible unit employee and his/her department are
responsible for maintaining the records necessary to
implement a carry-over.
C. MEDICAL RECORDS
Medical records resulting from this program and provided to the
City shall be maintained in confidential medical files separate from
personnel or administrative files.
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 Wellness reimbursement to obtain the
medical certificate or examination.
XIV. DEFERRED COMPENSATION
A. VOLUNTARY DEFERRED COMPENSATION PLAN
1. City agrees to provide a deferred compensation plan as a
benefit to Fire Management employees. Plan specifications
and details are determined pursuant to IRS Code Section
457 and the organizations providing the investment and
savings program for such deferred compensation.
Fire Management 2012 — 2014 Page 35
54 ARTICLE FOUR
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.
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
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.
Fire Management 2012 —2014 Page 36
SG1 ARTICLE FOUR
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 $7,500.
B. BENEFIT ABOVE PERS / LABOR CODE PROVISIONS
This benefit shall be payable over and above any benefit payable
through PERS or Labor Code provisions.
C. PAYMENT
Payment to the beneficiary shall be made as soon as possible, but
in no event later than fifteen (15) working days following the death.
Fire Management 2012 — 2014 Page 37
40 TO: EOU IVALOICY tOIRO OLA
ARTICLE FIVE
ARTICLE FIVE
LEAVES OF ABSENCE
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.
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:
40-Firs per week
56-Firs per week
56-hrs per week
40-hrs per week
Number of Accrued Leave Hours x 1.5
Number of Accrued Leave Hours ÷ 1.5
C. USE OF LEAVE
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.
Fire Management 2012-2014 Page 36 6 hrs
4 hrs
13 hrs
8.67 hrs
216 hrs
144 hrs
156 hrs
104 hrs
56-hour
employees
40-hour
employees
ARTICLE FIVE
3. Charges against sick leave or vacation leave credits shall be
made for only those days on which regularly assigned work
would be performed.
D. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave credit
may be approved for use by the 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 I IN-LIEU TIME
A. B1-WEEKLY HOLIDAY 1N-LIEU ACCRUAL RATE
Unit employees shall be credited with holiday in-lieu leave, to be
accrued each bi-weekly pay period on a pro-rata annual basis, to
the maximum as set forth below:
HOW* ,Bt-weekly monthly, Ann ua
l "
worked per 40ornat. ,Irigto 40am R.4tp) ACclruat .Rata
'Week •
Maximum
Annual
Accrual
Balance
Fire Management 2012 — 2014 Page 39 ARTICLE FIVE
B. ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL
HOLIDAY IN-LIEU
1. A balance not to exceed the maximum accrual as set forth in
the table in Section II.A. above, may be maintained by the
safety unit employee. Accruals which would exceed this
maximum balance will be paid to the affected unit employee
as earned.
2. If time is taken off to reduce the individual unit employee's
balance to less than the maximum, he/she can accrue once
again to the maximum allowable.
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
• 40-hour employees: 144 hours at the 40-hour rate
C. HOLIDAY 1N-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.
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.
Fire Management 2012 — 2014 Page 40 ARTICLE FIVE
2. At the completion of the twelve (12) months, the unit
employee shall be credited with vacation time earned in the
prior year, including time spent on provisional or temporary
appointments.
3. Accumulated vacation time earned shall be shown on each
paycheck stub following the end of the initial twelve (12)
month period.
B. ACCRUAL OF VACATION
1. Vacation hours shall accrue each pay period at one twenty-
sixth (1/26) of the annual rate (i.e., annual accrual rate
divided by 26).
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.
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:
Fire Management 2012 — 2014 Page 41
44 't and
year
3rd thru 10th thru I 15th thru
9th Year 1 14th Year 19th Year
20 Yrs and
above
20 :
192 hours, plus 8
hours for each
year over 20
192 152 his 144 his 96 his 112 his
hrs
20 Years and above
288 hours, plus 12 hours
for each year over 20
ARTICLE FIVE
TABLE OF VACATION LEAVE BENEFITS
FORTY (40) HOUR WORK SCHEDULE:
FIFTY SIX (56) HOUR WORK SCHEDULE:
17. and
2nd
year
144 his
,y,e4 . •
168 hrs
t
10
h
thru
14th
Year
216 hrs
15th thru
19th year
228 hrs
E. INJURY ON-DUTY (I0D) OR EXTENDED SICK LEAVE STATUS
1. Unit employees off on IOD or extended sick leave
(exceeding ninety [90] calendar days) may request to accrue
excess vacation if they are unable to take such vacation time
off because of the IOD or sick leave status.
2. Such excess accruals must be used within six (6) months
following the unit erriployee's return to work, or it shall be
paid to the unit employee in a lump sum on their paycheck.
F. PRESCHEDULED LEAVE
1. Prescheduled leave (January 1 through March 1) for
vacation, attached in-lieu (holiday) time and/or Service
Award Leave time, shall be taken in increments of twenty
four (24) hours for fifty-six (56) hour employees, or the length
of the regular workday for 40-hour employees.
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:
Fire Management 2012 —2014 Page 42 ARTICLE FIVE
* 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.
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.
Fire Management 2012 — 2014 Page 43 ARTICLE FIVE
V. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the unit employee has
completed three (3) full months of service, including time spent on
provisional or temporary appointment.
B. ACCRUAL OF SICK LEAVE
Sick leave credit accrues each bi-weekly pay period pro-rated on
an annual basis as follows:
• 56-hour employees shall be credited with twelve (12) hours of
sick leave for each month of service.
• 40-hour employees shall be credited with eight (8) of sick leave
for each month of service.
C. MAXIMUM ACCUMULATION OF SICK LEAVE
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.
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
Fire Management 2012 —2014 Page 44
Al ARTICLE FIVE
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
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.
TIER 1: SICK LEAVE BONUS PLAN
MONTHLY 1 AMOUNT OF AMOUNT OF
ACCRUAL MAXIMUM BI-WEEKLY BI WEEKLY
RATE 1 RATE / ACCUMULATION SICK LEAVE PAYOFF SICK LEAVE
(bi-weekly @ 50% ACCRUED
accrual rate) (Non-PRS4ple) 2 50%
40 hr 8 hours / 384 hours 1.85 hrs x 40 hr rate 1.85 hours
(3.7 hours) .
(1/2 [50%] of bi-weekly
accrual rate of 3.7 hrs)
: 56 hr 12 hours / 576 hours 2.77 hrs x 56 hr rate 2.77 hours 1
(5.5 hours)
(% [50%] of bi-weekly
accrual rate of 5.5 hrs)
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.
Fire Management 2012 —2014 Page 45
Art ARTICLE FIVE
TIER 2: SICK LEAVE BONUS PLAN
MONTFILY AMOUNT OF
ACCRUAL MAXIMUM BI WEEKLY
RATE RATE / ACCUMULATION SICK LEAVE PAYOFF
(bi-weekly @ 100%
• accrual rate) (Noh-PERSable)
40 hr 8 hours / 720 hours # of hrs of unused sick
(3.7 hours) leave accrual in excess of
720 hours x40 hr rate
56 hr 12 hours! 1,080 hours # of hrs of unused sick
(5.5 hours) leave accrual in excess of
1080 hours x 56 hr rate
G. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION (NON-PERSABLE)
For unit employees resigning or retiring from City employment,
unused, accumulated sick leave will be paid (non-PERSable) on
the following basis:
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
Fire Management 2012 —2014 Page 46
A-cl ARTICLE FIVE
leaves, which are otherwise payable upon retirement, distributed in
equal installments to his/her paychecks over the months preceding
retirement, with a minimum duration of six (6) months and a
maximum duration of thirty-six (36) months.
B. OPTIONS
Such distributions may be taken as taxable earnings, or may be
used for deposit in the deferred compensation account under the
terms of the Section 457 Catch-up provisions
C. NON-PERSABLE
Such distributions are not PERSable and not reported to PERS as
compensation and will not affect PERS retirement benefits.
VII. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT LEAVE
1. Any employee who is compelled to be absent from duty
because of a death in the immediate family shall be allowed
time necessary to be absent with pay without deduction from
accrued sick leave, vacation or in-lieu (holiday) time as
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
• Children
• Child's Spouse
a Grandchildren
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings' Spouse
• Sisters
• Spouse
• Spouse's Brothers
e Spouse's Grandparents
* Spouse's Parents
e Spouse's Sisters
• Stepchildren
• Stepparents
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.
Fire Management 2012 —2014 Page 47 ARTICLE FIVE
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
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
Fire Management 2012 — 2014 Page 48 ARTICLE FIVE
compensable by the City, and the unit employee may retain
jury compensation for such days.
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.
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
Fire Management 2012 — 2014 . Page 49
52- ARTICLE FIVE
employee cannot otherwise get to the polling place during
non-working hours.
2. Leave may be provided at the beginning or end of the
normal work shift, whichever permits the opportunity to vote
with minimal interruption of work responsibilities.
3. Unit employees shall be required to give a minimum three
(3) day notice of the need for leave, obtain advance
approval, and submit proof of voting.
H. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Labor Code Sections 230.7 and
230.8, parents of school-age children shall be allowed leave
from their jobs, with or without pay, as may be necessary to
participate in school activities such as parent-teacher
conferences, disciplinary matters, school programs and
related events with their children.
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.
Fire Management 2012 — 2014 Page 50
55 ARTICLE FIVE
9. Unit employees must give three (3) calendar days advance
notice to the employer to permit work coverage, and may be
required to provide documentation from the school that the
employee participated in the activity on the specific date and
time.
10. Leave properly requested in advance shall not be denied.
11. Unit employees may take accrued leave with pay (vacation,
compensatory time, in-lieu holiday, or service award leave)
for School Activity Leave purposes.
I. TRAINING LEAVE
1. Fire Management employees shall be entitled to paid leave
time for approved voluntary job-related training upon
approval by the Fire Chief.
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
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.
Fire Management 2012 — 2014 Page 51
tot ARTICLE FIVE
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).
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:
Fire Management 2012 - 2014 Page 52 ARTICLE FIVE
• 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.
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 I 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
Fire Management 2012 — 2014 Page 53 ARTICLE FIVE
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
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
(FM LA).
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
Fire Management 2012 —2014 Page 54
05-1 ARTICLE FIVE
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.
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 family member's health condition, but such
information may be provided for the employee's own illness or
condition with the health care provider's certification of the need for
the leave.
Fire Management 2012 —2014 Page 55 ARTICLE FIVE
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.
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.
X. 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.
Fire Management 2012 — 2014 Page 56 ARTICLE FIVE
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.
Fire Management 2012 — 2014 Page 57
u' ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
1. The City shall establish seniority lists and shall inform each
unit employee of their seniority status. Seniority status may
give a unit employee priority preference in work schedules,
including shifts, where the City is able to offer unit
employees a choice.
2. Unit employees commuting to work in a carpool, and
therefore dependent on co-workers for transportation, may
also be given preference in work assignments and
schedules to accommodate the carpool arrangement.
B. SENIORITY WITHIN CURRENT CLASSIFICATION
1. Seniority, as used herein, is determined by the length of
service a unit employee has been in the position of the
current classification and is only applicable for the purposes
stated herein.
2. When two or more unit employees are appointed on the
same date, seniority among those unit employees shall be
based upon the rank order of those unit employees on the
eligible list from which they were appointed, with the highest
ranking unit employee being considered the most senior.
II. SAFETY RULES
1. It is of mutual benefit to the City and to the Fire Management unit
employees represented in this M.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
the City's safety rules, regulations, policies and procedures or be
subject to disciplinary action in accordance with the Civil Service
Rules.
Fire Management 2012 —2014 Page 58 ARTICLE SIX
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.
Fire Management 2012 —2014 Page 59 ARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1, 2012 and together with all the terms,
conditions and effects thereof, shall expire as of midnight on December 31,
2014. FMG shall have the option of extending the MOU one (1) additional year,
through December 31, 2015.
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.
Ill. 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 !VIM
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.
Fire Management 2012 — 2014 Page 60 ARTICLE SEVEN
V. FULL AGREEMENT AND IMPLEMENTATION
A. TOTAL PACKAGE
The offers submitted herein are a total package and not to be construed
as agreement on any individual item. All other proposals are rejected.
B. WAIVER OF MEET AND CONFER
This MOU contains all of the covenants, stipulations, and provisions,
agreed upon by the parties. Therefore, for purposes of this MOU neither
party shall be compelled to meet and confer with the other concerning
any issue, whether specifically discussed prior to the execution of this
MOU or which may have been omitted in the meet and confer process
which led up to the execution of the MOU except by mutual agreement
of the parties.
C. COMPLIANCE
1. If the effective date or the implementation of any benefit in this
MOU cannot be adhered to as the result of law, regulation, or
policy outside the control of the City, the City will take action on
the first date on which it has authority to take action in compliance
with such law, regulation, or policy to effectuate the benefit.
2. Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU, except as specifically
provided herein.
D. OBLIGATION TO SUPPORT
The parties agree that upon tentative agreement being reached on a
successor MOU and prior to the implementation of this successor MOU
and during the time of its being considered by the City Council for action,
neither the Fire Management Group nor the City nor their authorized
representatives will appear before the City Council, nor meet with the
City Council members individually to advocate any addition or deletion to
the terms and conditions to this MOU. However, this section shall not
preclude the parties from appearing before the City Council, nor meeting
with individual members of the City Council to advocate or urge the
adoption and approval of this MOU.
Fire Management 2012 — 2014 Page 61
uk ARTICLE SEVEN
VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and Culver City Fire Management Group acknowledge that this
Memorandum of Understanding shall not be in force and effect until
ratified by a simple majority vote of unit employees voting who are in
classifications represented by the Culver City Fire Management Group
set forth in this agreement and adopted in the form of a resolution of the
City Council.
B. MUTUAL RECOMMENDATION — APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU
by the parties hereto, to the City Council, that one or more ordinances
and/or resolutions be adopted and implemented accepting its provisions
and effecting the changes enumerated herein relating to wages, hours,
benefits and other terms and conditions of employment for unit
employees represented by the Culver City Fire Management Group.
C. RATIFICATION
Subject to the foregoing, this Memorandum of Understanding is hereby
ratified and agreed to be recommended for approval by the authorized
representatives of the City and Culver City Fire Management Group, and
entered into this day of
Fire Management 2012 — 2014 Page 62
U5