City of Culver City, California
City Council Agenda Item Report
Meeting Date: 08/15/05 Item Number: A-1
AGENDA ITEM: Consideration of a Resolution to Adopt a Four (4) Year
Memorandum of Understanding with the Culver City Firefighters’ Local 1927,
AFL-CIO for the Period of January 1, 2005 through December 31, 2008 and
Rescind Resolution No 2002-R001
Contact Person/Dept.: Jack Hoffman,
Jerry Fulwood, and Serena Wright
Phone Number: 310-253-5640
Fiscal Impact: Yes [x] No [] General Fund: Yes [x] No []
Public Hearing: [] Action Item: [x] Attachments: [x]
Public Notification: Master Notification List, and the Culver City Firefighters’ Local 1927
AFL-CIO on 8/10/05
Department Approval:
Jerry Fulwood 8/8/05
CAO Approval:
Jerry Fulwood 8/10/05
City Controller Approval:
Marlee Chang 8/10/05
RECOMMENDATION
That the City Council adopt a Resolution approving a four (4) year Memorandum of
Understanding (MOU) with the Culver City Firefighters’ Local 1927, AFL-CIO for the
period of January 1, 2005 through December 31, 2008 and Rescind Resolution No
2002-R001.
BACKGROUND
The previous four (4) year MOU with the Culver City Firefighters’ Local 1927, AFL-
CIO expired on December 31, 2004. After ten (10) months of negotiations, the City
and the Culver City Firefighters’ Local 1927, AFL-CIO have reached an agreement
resulting in a four (4) year contract retroactive to January 1, 2005.
The Firefighters’ Association was led by their Chief Negotiator Rob Wexler and
members included Fire Captains Rick Siler, Darryl Wells, Robert De La Puente, Mike
Bowden, Fire Engineers Dave Gardner, Kevin Carlson and Ken Hoover and
Firefighter Mike Nagy.
The City’s negotiation team was led by Chief Labor Negotiator Jack Hoffman and
members included Chief Administrative Officer Jerry Fulwood, Fire Chief Jeff
Eastman, City Controller Marlee Chang, Deputy Personnel Director Serena Wright
and Council Sub-Committee members Steve Rose and Alan Corlin.
City of Culver City, California
City Council Agenda Item Report
DISCUSSION
The MOU that is being presented to the City Council for adoption contains the
following five (5) essential changes, along with the attached master revised contract:
(1) Effective January 1, 2006, all employees in the Culver City Firefighters’ Local
1927, AFL-CIO bargaining unit shall pay five percent (5%) of their monthly
medical premiums.
(2) A “Me-Too” clause which provides Firefighters’ unit employees the option of
accepting or rejecting any lower medical premium payment granted to any
other recognized City bargaining unit.
(3) Educational Incentive Pay which provides a percentage of the base monthly
pay to the affected employees’ dependent upon years of service with the Fire
Department and accredited degree/units achieved.
(4) Medical insurance opt-out provision up to $350 per month with proof of
another existing benefit plan.
(5) 24 hours of paid training leave to attend job-related training.
FISCAL ANALYSIS
The net increased cost for the four year period of the MOU is within the fiscal
parameters established by the City Council.
The City Controller has reviewed and approved this fiscal analysis.
ATTACHMENTS
Resolution with Master Memorandum of Understanding
MOTION
That the City Council:
Adopt the Resolution approving the four (4) year Memorandum of Understanding
between the City and the Culver City Firefighters’ Local 1927 AFL-CIO for the period
of January 1, 2005 through December 31, 2008 and Rescind Resolution No 2002-
R001. City of Culver City, California
City Council Agenda Item Report
8/15/05
Consideration of a Resolution to Adopt a Four (4) Year
Memorandum of Understanding with the Culver City
Firefighters Local 1927 AFL-CIO for the Period of January
1, 2005 through December 31, 2008 and Rescind
Resolution No 2002-R001
MEETING DATE
AGENDA ITEM
ATTACHMENTS
1 Resolution with Master Memorandum of Understanding
Pages
1 — 60RESOLUTION NO 2005-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY CALIFORNIA APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
WITH THE CULVER CITY FIREFIGHTERS' LOCAL
1927 AFL-CIO AND RESCINDING RESOLUTION NO
2002-R001
WHEREAS, the Culver City Firefighters' Local 1927 AFL-CIO employee
representatives and City representatives have met and conferred and executed a
Master' Memorandum of Understanding
NOW, THEREFORE the City Council of the City of Culver City DOES
HEREBY RESOLVE AS FOLLOWS|109| The Master Memorandum of Understanding, a copy of which is
attached hereto and made a part hereof, is hereby approved for the period
January 1, 2005 through December 31, 2008|109| The City Treasurer and the Chief Administrative Officer are
hereby authorized to adjust the budget and the records of employees necessary to pay
the salaries and costs related to the terms of the approved Master Memorandum of
Understanding
APPROVED and ADOPTED this day of 2005
ALBERT VERA MAYOR
City of Culver City, California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA City Clerk CAROL A SCHWAB City Attorney
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28MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY FIREFIGHTERS
LOCAL 1927, AFL-CIO
January 1, 2005 to December 31, 2008TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights
ARTICLE TWO Salaries and Compensation
ARTICLE THREE Work Periods, Schedules, Staffing and Overtime
ARTICLE FOUR Supplemental Benefits
ARTICLE FIVE Leaves of Absence
ARTICLE SIX Working Conditions
ARTICLE SEVEN General Provisions
PARTIES TO THE AGREEMENT
INDEXARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
CULVER CITY FIREFIGHTERS LOCAL 1927, AFL-CIO
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU is
made by and between the City of Culver City, California hereinafter called
the "City", and Culver City Firefighters, Local 1927, AFL-CIO, representing
the Fire Fighters, Engineers and Captains, hereinafter called the "Union"
This MOU is made pursuant to the California Government Code Section
3500 et seq
II RECOGNITION
The City hereby recognizes the Union as the exclusive representative of
the Firefighters Engineers and Captains, hereinafter called the
"Employees" or "Members"
III BARGAINING UNIT CHANGES
Any change in the classes which compose the Fire Safety Employees unit
shall be in accordance with the provisions of the City's Resolution No CS-
7938, as amended
IV NONDISCRIMINATION
A POLICY
No employee shall be subject to discrimination which is prohibited
by applicable federal state or local law In accordance with this
policy the City agrees that no employee shall be interfered with
intimidated, restrained, coerced or discriminated against because of
political opinions or affiliations, race, religious belief, age, sex
physical or mental disability, or because of the exercise of his or
her rights under this MOU
Firefighters MOU 2005-2008 Page 1 CCFF \a"--------Firefighters MOU 2005-2008
ARTICLE ONE
B UNION AGREES NOT TO DISCRIMINATE
In accordance with the above policy the Union agrees not to
discriminate against an employee because of the exercise of his or
her rights granted under this MOU or with respect to admission to
membership and the rights of membership in the Union
V AGENCY SHOP
The City will afford the Union the opportunity to exercise the Agency Shop
provisions of the Government Code Section 3502 5 based on a petition
signed by a majority of the bargaining group
VI DEDUCTIONS
A DUES/INSURANCE CHECKOFF
1 During the term of this MOU Union dues and insurance plan
fees shall be deducted by the City bi-weekly in twenty-six
(26) increments from the salary of each employee who has
filed a written authorization, on the appropriate City form,
that such deduction be made
2 A fee of ten cents ($0 10) for the processing of each dues
deduction taken will be assessed by the City and deducted
bi-weekly The aggregate amount of such deductions, less
the aggregate amount of the charges assessed, shall be
remitted to the Union
3 If an Agency Shop exists, an employee may request an
amount equal to the dues to be paid to an approved
charitable organization provided that the employee meets
the criteria set forth in Government Code Section 3502 5
The employee shall be responsible for designating such
organization on the appropriate City form
4 Changes in the amount to be deducted for dues/insurance
plans may only be made twice a year during the first payroll
period beginning in January and the first payroll period
beginning in JulyARTICLE ONE
B INDEMNIFICATION
The union agrees to indemnify and hold harmless the City against
all claims including costs of suit and reasonable attorney fees
and/or other forms of liability arising from the implementation of the
provisions of this Section
VII RIGHTS
A EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and
participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to wages,
hours, and other terms and conditions of employment Employees
also shall have the right to refuse to join or participate in the
activities of employee organizations No employee shall be
interfered with intimidated, restrained, coerced, or discriminated
against by the City or by any employee organization because of the
exercise of these rights
B CITY'S RIGHTS
The Union acknowledges that the City reserves the right, without
the obligation to meet and confer, to make the final determination
as to all matters which are necessary to manage, control and
administer the City's operations including but not limited to|109| Determining the mission of the City's constituent
departments commissions and boards,|109| Setting standards of service
3 Determining the procedures and standards of selection for
employment and promotions directing employees and
taking disciplinary action
4 Relieving employees from duty because of lack of work or
other legitimate reasons and maintaining the efficiency of
governmental operations,|109| Determining the methods, means and personnel by which
governmental operations are to be conducted,
Firefighters MOU 2005 2008 Page 3 CCFF_V------ARTICLE ONE|109| Determining the content of job classifications,|109| Taking all necessary actions to carry out the City's mission
in emergencies,|109| Exercising control and discretion over the City's organization
and the technology of performing its work,|10 9| Regulating the use of all equipment and other property of
the City,
10 Establishing, altering or disposing of operations
departments commissions or boards,
11 Determining the work to be contracted out
12 Determining the complement of employees needed or
assigned to a particular function or work location
13 Establishing and modifying employee staffing levels,
including any impacts resulting from any changes to staffing
levels
14 Performing all other functions not specifically made subject
to the meet and confer process elsewhere in this MOU
C IMPACT OF MANAGEMENT RIGHTS
1 With the exception of the impacts of any change in staffing,
the City recognizes its obligation to meet and confer on the
impacts of any decision made by the City under this section
if the impact of the decision affects other terms and
conditions of employment
2 If any provision of this subsection is found to be inapplicable
and/or in conflict with final court decision or decree or state
law affecting Culver City the remainder of this subsection
shall remain in effect
D MODIFYING EMPLOYEE STAFFING LEVELS - WAIVER OF
MEET AND CONFER|1010| The Union recognizes that the City may establish and modify
employee staffing levels and therefore agrees to waive all
Firefighters MOU 2005 2008 Page 4 CCFFFirefighters MOU 2005 2008
ARTICLE ONE
rights pursuant to Section 3500 et seq of the State
Government Code relating to meeting and conferring over
any impacts resulting from any changes to staffing levels
2 In the event the City determines to make a change in staffing
levels, it shall provide the Union with a 60 calendar day
written notice setting forth the proposed change(s) prior to
taking any action Upon request by the Union, without
unreasonable delay, the City's representatives shall meet
with the Union's representatives to discuss the change(s)
and their impact
3 After 60 calendar days from the date written notice is mailed
to the Union, the City shall have the right to implement the
change(s) Time limits may be extended only upon mutual
agreement
VIII PAID TIME OFF FOR UNION REPRESENTATIVES
A RELEASE TIME
1 Leave of absence with pay is authorized for representatives
of the Union to attend conferences meetings, institutes or
similar affairs (in addition to meet and confer sessions with
City representatives to include reasonable preparation time)|109| The total leave granted for the calendar year for the
bargaining unit shall not exceed
• 56-hour employees one-hundred eighty (180) hours
• 40-hour employees one-hundred twenty (120) hours
3 Such leave is subject to prior approval of the Fire Chief and
may be denied if approval requires overtime expenditures for
operational coverage for more than two representatives at
any one time|109| The Union may approve payment to a representative for
his/her off-duty time spent for Union purposes
5 In using this leave for such purpose, Union authorized
payment shall not constitute wages or hours worked for
computation of overtime in the respective work periodFirefighters MOU 2005 2008 Page 6 CCFF-D t''/
CITY
(I
ARTICLE ONE
B USE OF OTHER LEAVES
This special leave of absence will not prohibit employees from
requesting and being granted Vacation Leave, Leave of Absence
Without Pay or the use of Accumulated Compensatory Time off
within governing rules and departmental policies
C RELEASE TIME CERTIFICATION
An officer of the Union will certify that the Union is authorizing the
employee to use the time This certification is to be signed and
attached to the "Request for Leave of Absence form"ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I SALARIES
A SALARY INITIATIVE
The parties agree that salary adjustments for employees covered
herein shall be as provided for by the Police and Fire Initiative
Ordinance as amended herein
"Section 1 SHORT TITLE This ordinance shall be known as
"The Salary Ordinance for Police Officers and Fire Fighters of the
City of Culver City"
"Section 2 DEFINITIONS The words and terms defined in this
section shall have the following meanings in this ordinance
a Base Monthly Salary - the compensation attached to the
positions occupied by employees of the Police Department
or the Fire Department, in the job classifications listed in this
ordinance Overtime pay bonuses longevity, retirement,
assignment pay, or other special pays are excluded
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
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
Lt.)
Firefighters MOU 2005 2008 Page 7 CCFF
CITY/Xige ARTICLE TWO
The salary steps for the classification of Fire Fighter in the
Fire Department of the City of Culver City shall be set at an
amount not less than the average of Base Monthly Salaries
for comparable steps in classifications in the Fire
Department of the City of Los Angeles and the Fire
Department of the County of Los Angeles
The salary for all other classifications in the Police
Department shall be set at an amount not less than the
percentages listed below
Police Classification , Salary not less than
Police Sergeant Top Step Police Officer + 15%
Police Lieutenant Police Sergeant + 19%
Police Captain Police Lieutenant + 15%
Assistant Chief of Police Police Captain + 10%
Chief of Police Police Captain + 20%
The salary for all other classifications in the Fire Department
shall be set at an amount not less than the percentages
listed below
Fire Classification; Salary not leii-than'a',',`"'
Fire Engineer Top Step Firefighter + 15%
Fire Captain Fire Engineer + 15%
Battalion Chief Fire Captain + 19%
Battalion Chief/Fire Marshal Battalion Chief + 15%
Battalion Chief/Assistant Chief Battalion Chief + 15%
Fire Chief — Battalion
Chief/Assistant Chief
Assistant Chief + 15%
Notwithstanding subsections 3a through 3d, each salary
step for Culver City Police Officers and Fire Fighters shall be
set at the Salary Rate nearest the amount described in
subsections 3a through 3d
Whenever Base Monthly Salaries for Police Officers or Fire
Fighters are approved for adjustment by the elected
governing body of the City of Los Angeles or the County of
Los Angeles, or both, the City Council of the City of Culver
City within thirty days shall adjust salaries of Culver City
Police Officers or Fire Fighters, or both, in accordance with
this ordinance Said salary adjustments shall be effective
the first pay period following the effective date in the City of
Los Angeles or the County of Los Angeles including any
retroactive adjustment of the Base Monthly Salary"
Firefighters MOU 2005 2008 Page 8
CITY/ 7_07 _6_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
B SALARY CALCULATIONS
Salary rates determined as provided in Section 3(e) of the
Ordinance above shall be set at the rate nearest to, but not less
than the average rate calculated Differentials between ranks, as
provided in 3(d) above and for the addition of special pays, shall be
calculated by multiplying the base rate of the applicable class and
step by the specified percentage amount (rate times 1 xxx), and
shall be set at the Salary Rate nearest to, but not less than, the
calculated amount
C CONVERSION OF SALARY TABLE
During the term of this MOU, in the event the City converts its
salary range tables to comply with payroll programming
requirements, the Union agrees that the existing pay rate of each
employee will be changed to the rate in the new table which is
nearest to the existing rate and not less than that established
pursuant to the Initiative Ordinance The parties also mutually
agree to discuss a simplified salary schedule, with all hours paid on
the 56 hour basis, converting the pay (for time worked or leave
taken or paid) for employees in the 40 hour non-suppression
assignments by a factor of 1 4 Parties agree that this payment
methodology is intended to resolve pay differences between 40
hour and 56 hour employees under current Initiative Ordinance
calculations
D SCHEDULE CALENDAR|10109| The City agrees to print schedule calendars annually, in
I color
• "A shift in red
• "B shift in blue
• C shift in green
Firefighters MOU 2005 2008 Page 9 CCFFARTICLE TWO|109| The schedule calendars shall identify
• payroll periods
• 28-day cycles
• holidays
• firefighter shift schedules, and
• scheduled hours for each shift in each pay period|109| The size, number and type of calendar will be determined
between the Union and the Fire Chief
II SUPPLEMENTAL COMPENSATION
A ACTING PAY
1 Any permanent or probationary employee who is required to,
and acts and performs duties included within a higher
classification and which are broader than the specifications
governing such employee's position shall be paid in
accordance with the step and salary range appropriate for
such higher classification in the event that such acting
service extends for a period in excess of eighty (80)
consecutive working hours for 40-hour per week employees
or five consecutive twenty-four (24) hour working shifts for
56-hour per week employee
2 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
III SPECIAL ASSIGNMENT PAYS
A PARAMEDIC ASSIGNMENT PAY
Firefighters certified as Paramedics shall receive a minimum of
their respective Firefighter 56-hour base salary plus an additional
fifteen percent (15%) bonus during such assignment
B 40-HOUR WORK ASSIGNMENT PAY
1 Any unit employee assigned to any of the Firefighter 40-hour
appointed work assignments shall be compensated as
follows
Firefighters MOU 2005 2008 Page 10 CCFF V
CIT\a{- zigi-L
IFirefighters MOU 2005 2008 Page 11 CCFF
ARTICLE TWO
40-hour Appointed Work
Assignment i--
Compensation during such
assignment shall be
Administrative Captain Fire Captain (F3) + 15%
Fire Inspector/PIO Firefighter (F-1 F) + 15%
Fire Prevention/Inspector Firefighter Top Step (F-1F) + 15%
Maintenance Officer Fire Captain (F3) + 15%
Senior Fire Inspector/Assistant
Fire Marshal
Firefighter Top Step (F-1 F) + 20%
Training Officer Fire Captain (F3) + 15%
2 Captains and Engineers maintaining required State of
California paramedic licenses and LA County Department of
Health Services paramedic certification shall be paid at a
rate of five percent (5%) above their base salary
C EMT-CERTIFICATION PAY
1 Effective during the term of this MOU, all employees covered
herein shall be required to have, and thereafter maintain,
EMT-1 certification, and shall be compensated for such
certification at a rate seven percent (7%) above their base
salary EMT-1 certification is contained in Title 22 of the
California Code of Regulations (CCR), and the scope of
practice can be found in the Los Angeles County Pre-
Hospital Care book
2 The City shall pay for and provide members with the training,
education and on-duty time to maintain EMT-1 certification
In the event any member does not pass their EMT-1
certification, they shall have the time, training and education
provided on duty to pass the recertification exam
3 If Culver City loses its ability to administer the EMT-1 test, or
there are any changes in the EMT program mandated by the
State or the County, the City shall meet and confer with the
Firefighters over those proposed changes without affecting
any other provisions of this MOU
4 Unit employees on probationary status shall not qualify for
7% EMT-1 Certification pay until they receive EMT-1
CertificationFirefighters MOU 2005 2008 Page 12 CCFF
ARTICLE TWO
IV EDUCATIONAL INCENTIVE PAY / EFFECTIVE JANUARY 1, 2006
A PURPOSE
The purpose of Educational Incentive Pay is to
• Motivate unit employees to achieve higher education,
• Enhance career development,
• Increase the professional standards of the department, and
• Increase the level of service to the community
B COMPENSATION |109| Effective with the pay period including January 1, 2006,
unit employees who possess a combination of an accredited
college degree or accredited college units* plus years of
service shall be eligible to receive compensation above their
base salary as follows
Accredited Degree
-
, or„
Accredited Units*--
Plias
Years
of Service
CoMpensation
Above
Base Salary
AA / AS 60 units* 8 years 2%
BA / BS 120 units* 6 years 4%
MA / MS 150 units* 4 years 6%
*Accredited college units earned through the Culver City
Fire Department's on-duty IN-SERVICE COLLEGE
TRAINING PROGRAM shall not be considered eligible for
Education Incentive Pay These college units can be used
towards attaining an accredited college degree
2 All compensation for Educational Incentive Pay shall be
awarded only to the highest level of degree or educational
units achieved - compensation is non-cumulative
C ACCREDITED COLLEGE UNITS
1 All unit employees must obtain their educational college or
university units from a college or university accredited by an
organization recognized by the United States Department of
Education (USED) or the Council for Higher Education
Accreditation (CHEA)ARTICLE TWO
2 Unit employees must provide proof of accredited college
units to the City to be eligible to receive Education Incentive
Pay
V USE OF TIMEKEEPING/STAFFING
The City and the Union agree to continue discussion regarding the use of
the Telestaff system including changes to policies that affect wages hours
and working conditions
Firefighters MOU 2005 2008 Page 13 CCFF CIT9179—ARTICLE THREE
ARTICLE THREE
I WORK PERIODS, SCHEDULES, CONSTANT STAFFING AND OVERTIME
I WORK SCHEDULE
The appointing authority is authorized to establish work schedules for
employees reporting to him/her subject to the provisions of the MOU
A SHIFT CHANGE
1 The parties acknowledge the mutual benefits the City and
the Union receive in having the employees covered herein
spend additional time at the time of shift change to exchange
information on the activities, equipment conditions, and
management directives which occurred during the period the
off-going shift was on duty
2 Details regarding shift changes are set forth in the Fire
Department Rules and Regulations and are incorporated
herein by reference
B TIME RECORDS
The City shall provide for the maintenance of records of time
worked including overtime time docked, and time on leave of
absence
C CLEANING AND MAINTENANCE PROGRAMS
The parties also agree that employees covered herein will continue
the cleaning and maintenance programs on the equipment and
facilities provided by the City for the Fire Safety operation
II CONSTANT STAFFING
"CONSTANT STAFFING" is a concept of employee assignment under
which there is one appointed employee on each shift (platoon) for each
authorized (on duty) position At any given time under constant staffing
one of the three (3) persons assigned to a position will normally be on duty
according to a regular established schedule
Firefighters MOU 2005 2008 Page 14 CCFF 6\"-----------
CITY77)6 ARTICLE THREE
e Motorized fire apparatus shall consist of three (3) engines
and one (1) truck
f Rescue ambulances shall consist of two (2) rescue
ambulance/paramedic units and shall be staffed by two (2)
firefighter/paramedics per unit
10 The work schedule as defined in Division 308 05 of the Rules and
Regulations may seem extremely structural, indicating to the
minute the company activities for each day The intent, however, is
for the schedule to be a flexible framework in which the Fire
Captain can carry out his/her responsibilities to achieve
Departmental Goals
11 The Parties mutually agree that they will meet and confer regarding
any proposed significant or permanent changes in the current work
schedule
III SHIFT CONVERSION
For purposes of clarification the City and the Union have converted "shifts"
to "hours" throughout the MOU It is not the intent of the parties to any
way modify increase, or decrease any portion of this MOU due to this
conversion
IV CONSTANT STAFFING/OVERTIME
A 28-DAY WORK PERIOD
The City hereby establishes a 28-day work period
B NO EFFECT ON CITY RIGHTS
This entire section is understood by both parties to have no effect
on the rights reserved to the City pursuant to Article I City Rights
C CONSTANT STAFFING OR OVERTIME PAID AT TIME AND ONE
HALF — HOURS WORKED IN EXCESS OF 212
Members assigned to Suppression duty who are required and/or
authorized to work constant staffing or overtime in such
assignment, shall be paid at the rate of time-and-one-half (1 5 x
hours worked) at the employees' regular rate of pay for all hours
worked in excess of 212 in a 28-day work period
Firefighters MOU 2005 2008
Page 16 CCFF li------
I CITYARTICLE THREE
D PAID LEAVE TIME COUNTED AS HOURS WORKED
Effective January 1, 2002 all paid time leave shall be counted as
hours worked Members assigned to a 40-hour schedule regularly
or temporarily, shall be compensated for constant staffing and/or
overtime as described above by converting all paid time to a 56-
hour pay basis
E HOURS CONVERSION FORMULA
The equivalency conversion formula shall be as set forth below
, FROM TO ,- EQUIVALENCY FORMULA'
40-hour non-suppression
assigned work schedule
56-hour suppression
assigned work schedule 40 hours x 1 4 = 56 hours
56-hour suppression
assigned work schedule
40-hour non-suppression
assigned work schedule 56 hours - 1 4 = 40 hours
V NON-SUPPRESSION STAFFING — 40-HOUR ASSIGNMENT
A MINIMUM 30-DAY ADVANCE NOTICE
City agrees that the Fire Chief will give a minimum 30-day advance
written notice to the Firefighters regarding any proposed change in
the number type or functions of 40-hour non-suppression sworn
positions, and will provide an opportunity to discuss the proposed
changes before adding, deleting or modifying such assignments or
positions
B CITY RETAINS RIGHTS
City retains the right to add, delete or modify positions and
assignments in its sole discretion after consulting with the Union,
and meeting and conferring, as may be required only over the
impact on wages hours or terms and conditions of employment of
affected employees
CCFF V-----
CIT A4----
Firefighters MOU 2005 2008 Page 17ARTICLE THREE
VI OVERTIME COMPENSATION
A EXTENSION OF DUTY
1 Whenever a fire service employee is required to extend their
duty shift beyond their regular work assignment shift, they
shall be paid overtime at time-and-one-half (1 1/2) at the
employees' regular rate of pay for time worked|109| The four (4) hour minimum does not apply to extension of
duty
B OFF DUTY
1 Employees who would otherwise be off-duty, but are
working non-suppression, non-emergency assignments (e g
teaching classes, testifying in court etc) shall be paid as if
on a 40-hour workweek schedule for such assignments
2 Such hours worked shall be converted to a 56-hour basis,
pursuant to Article Three, Section IV for the computation of
applicable overtime
C EMERGENCY RECALL
1 The City agrees to pay employees at the rate of time and
one-half for time worked at Suppression hourly rate on
Emergency Recall
2 "Emergency Recall" is defined as a return to work on an
otherwise off-duty day during a declared emergency
(Federal State [i e, OES] or Local Mayor, Council Member,
CAO Fire Chief or his/her designee)
a by staffing an additional engine company, truck
company, rescue unit or a combination of the units
listed (beyond normal on-duty staffing as defined
under Subsection 1-14 - Work Schedule), or
b for the purpose of assignment to replace on-duty
personnel assigned to respond to such emergencies
3 Assignments to replace an employee during sick leave
vacation, in-lieu (holiday) time, training, education, IOD
(Labor Code Section 4850 time) jury duty, bereavement
leave, voting leave, military leave, emergency leave, or to
Firefighters MOU 2005 2008 Page 18 CCFFFirefighters MOU 2005 2008 Page 19
ARTICLE THREE
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 0759 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
D FORCED HIRE CONSTANT STAFFING OR OVERTIME
1 It is understood and agreed that the City will observe the
procedural steps for recalling employees for non-emergency
staffing as detailed in of the Fire Department Rules and
Regulations and Telestaff
2 In the event no volunteers are available, and an employee is
mandatonly recalled to work when he/she would otherwise
be off duty he/she shall be paid at time and one-half for all
hours worked until relieved, but not less than four (4) hours
at time and one-half for this non-extension of duty|1010| Four (4) hour minimum does not apply to extension of duty
as defined in Article Three Section VI A
E
NON-SUPPRESSION (40-HOUR SCHEDULE) COMPENSATORY
TIME|1010| Employees assigned to a 40-hour schedule may accrue
overtime as compensatory time offARTICLE THREE
2 The maximum accrual of compensatory time shall be 180
hours (120 hours of overtime worked x 1 5) and members
can maintain such bank for later use or payoff upon
termination of employment
3 The option to take compensatory time in lieu of payment for
overtime shall be the employee's, and the employee shall
declare in advance whether he/she wishes to take the
overtime assignment as compensatory time
4 When an employee assigned to a 40-hour schedule is
reassigned to a 56-hour schedule, his/her entire
compensatory time accrual bank shall be cashed out and
paid to the employee at his/her 40-hour rate in the pay
period following the employee's reassignment
VII SHIFT TRADE AGREEMENT
A APPROVAL BY CHIEF / NO ADDITIONAL COST
Following the effective date of this MOU, eligible employees may
trade shifts subject to the prior approval of the Fire Chief and
subject to the City not incurring any additional costs as a result of
the shift trade
B TRANSFER OF VESTED LEAVE HOURS
1 Employees will be allowed to transfer vested leave hours to
another employee in the event that an employee is unable to
fulfill a trade agreement due to unforeseen bereavement,
medical retirement, promotion, or personal injury or illness|109| A written explanation shall be submitted to the Fire Chief for
review and approval within thirty (30) days of the event|109| Disputed trade agreements shall be resolved between the
employees|109| Both parties of the trade agreement must agree upon the
amount of hours being transferred prior to submission
Firefighters MOU 2005 2008 Page 20 CCFFARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I RETIREMENT
A PERS RETIREMENT BENEFITS
As of the effective date of this MOU the City agrees to provide
retirement benefits under the California Public Employees
Retirement System as follows
GOVERNMENT
CODE SECTION BENEFIT
20042 One-Year Final Compensation
21024 Military Service Credit as Public Service
21363 1
Base retirement plan of three percent (3%) at age 55
for all eligible employees
21548 Pre-Retirement Optional Settlement 2 Death Benefit
21574 Fourth Level 1959 Survivor Benefit
21624-21626 Post-Retirement Survivor Allowance
B CITY PAID NINE PERCENT (9%) EMPLOYEE PERS
CONTRIBUTION
1 Effective the second pay period in November 2001 the City will
pay as supplemental salary to the Public Employees' Retirement
System, on behalf of each employee covered herein, an amount
equal to nine percent (9%) of the employee's base salary
towards the employee's required contribution to the system
2 The City does not warrant that the supplemental payment herein
provided for is deferred compensation or qualifies for tax
deferral and the City is not to be held liable for any such tax
payments as may be determined assessable
C
WHEN MOU COSTS EXCEED SIX PERCENT (6%) IN A FISCAL
YEAR
The City and the Union agree to meet to review options for cost
savings if increases in salary and health insurance costs exceed six
percent (6%) from one fiscal year to the next fiscal year No
Firefighters MOU 2005 2008 Page 21 CCFF
CITY
_9(1___ V--ARTICLE FOUR
reduction in Firefighter compensation or benefits would occur
during the term of the MOU unless agreed to by both parties in
writing
D PRE-RETIREMENT DISTRIBUTION OF ACCRUALS -
NONPERSABLE
1 An employee giving irrevocable notice of his/her intent to
retire within three (3) years (36 calendar months) may have
accrued leaves (which are otherwise payable upon
retirement) distributed in equal installments to his/her
paychecks over the months preceding retirement with a
minimum duration of (six) 6 months and a maximum duration
of 36 months
2 Such distributions may be taken as taxable earnings, or may
be used for deposit in the deferred compensation account
under the terms of the Section 457 Catch-up provisions|109| Such distributions are not reportable to PERS as
compensation and will not affect PERS retirement benefits
E COMPENSATION REPORTED TO PERS
The City shall report compensation to PERS for employee retirement
benefits as required by its contract with PERS and State law
It MEDICAL INSURANCE
A MEDICAL INSURANCE — PERS MEDICAL PLANS
The City will provide employees, their eligible dependents, and
retirees and their eligible dependents with medical insurance
provided through the California Public Employees Retirement
System under the Medical and Hospital Care Act (PEMHCA)
B JOINT LABOR / MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE |109| PURPOSE OF COMMITTEE AND STUDY
The City and the Union agree to participate in a Joint
Labor/Management Health Benefit Committee which will
study the feasibility of withdrawing from the PERS Health
Firefighters MOU 2005 2008 Page 22 CCFF \?"4-----ARTICLE FOUR
Care Plan and participating in other employee medical
benefit plans|109| MUTUAL AGREEMENT IN WRITING
The City and the Union must mutually agree in writing to
change from CalPERS Health Care to another health care
plan
C MEDICAL INSURANCE PREMIUMS — ACTIVE AND RETIRED
EMPLOYEES - EFFECTIVE JANUARY 1, 2005
Effective January 1, 2005 through December 31, 2005, the City
contribution for medical insurance provided through the PERS
Health plan shall be set at an amount equal to Kaiser South rates
(Employee/retiree Employee/Retiree and Spouse and
Employee/retiree and Family, as applicable) plus one-half the
difference between Kaiser South rates and the most expensive plan
rates At all times during the term of this agreement, the City's
contribution for medical insurance shall be sufficient to cover
PERSChoice rates Employees and retirees selecting plans with
premiums in excess of the City contribution shall be responsible for
the remaining premium difference
D MEDICAL INSURANCE PREMIUMS — ACTIVE AND RETIRED
EMPLOYEES - EFFECTIVE JANUARY 1, 2006 |109| ACTIVE EMPLOYEES AND RETIREES ENROLLED IN
PLANS OTHER THAN PERSCARE
Effective with the pay period that includes January 1,
2006 employees enrolled in medical insurance plans shall
pay five percent (5%) of their monthly medical premiums for
all plans except for active employees and retirees
enrolled in the PERS Care Plan, the City shall pay the
remaining ninety five percent (95%) of the medical
premiums|109| EMPLOYEES ENROLLED IN PERSCARE
Effective with the pay period that includes January 1,
2006, the City s contribution towards the PERSCare Plan
shall be set at an amount equal to the Kaiser South rate plus
fifty percent (50%) of the difference between Kaiser South
Firefighters MOU 2005 2008 Page 23 CCFF CITY___Page 24 CCFF
CITY
ARTICLE FOUR
and PERSCare rate less five percent (5%) paid by the
employee
Example/Formula
$ 576
<294
96
78>
=
=
=
=
PERSCare Rate (PCR)
less Kaiser South Rate (KSR)
difference between PCR & KSR $ 282
X
18
50
$ 141 09 = 50% difference between PCR & KSR
+ 294 78 = plus KSR
$ 435 87
< 28 85> = less 5% employee contribution
$ 407 02 = ($576 96 [PC RI x 05 = $28 85)
$ 576 96 = PERSCare Rate
<407 02> = less City contribution
$ 169 94 = Employee contribution
F "ME TOO" CLAUSE ON ACTIVE EMPLOYEE AND RETIREE
MEDICAL PREMIUM PAYMENT
During the term of the MOU should any other recognized City
bargaining unit have an agreement which has a lower amount of
employee medical premium payment than the 5% paid by Firefighter
Unit employees, the Firefighter unit employees shall have the option
of accepting or rejecting the same lower amount of medical premium
payment
III MEDICAL INSURANCE PREMIUMS — OPT-OUT/CASH OUT OPTION —
EFFECTIVE JANUARY 1, 2006 - (NON-PERSABLE)
Effective with the pay period that includes January 1, 2006 Firefighter
Unit employees covered herein may elect to 'opt out" of medical insurance
coverage The intent of this provision is to share premium savings that the
City will incur as a result of the employee canceling City coverage
A EMPLOYEE SPOUSES NOT ELIGIBLE FOR OPT OUT
An employee who is covered as the dependent of a City employee
in the City plan is not eligible for "opt-out compensation Electing
to be covered as the dependent of a City employee in the City plan
is not "opting-out," as the City would continue to pay the premium
for the employee as a dependent
Firefighters MOU 2005-2008ARTICLE FOUR
B PROOF OF COVERAGE / WAIVE CITY LIABILITY
Employees electing to cancel City medical insurance coverage for
themselves and all eligible family members must provide proof of
coverage through another (non-City) benefit plan (e g , spouse's
coverage through another employer) and must waive any liability to
the City for their decision to cease coverage under the City s
medical insurance plan
C OPT-OUT CASH VALUE (NON PERSABLE)
1 Employee s electing to opt out will receive the cash value of
the single party rate for the plan which they canceled, not to
exceed three hundred and fifty dollars ($350) per month
(non-PERSable), which will be added to their paycheck|109| If, for any reason, PERS determines that an employee may
not opt out this program becomes null and void
D RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
After electing this provision, an employee who later requests to re-
enroll under the City plan must do so during the open enrollment
period or after a qualifying event Coverage will commence per the
plan document
IV DENTAL INSURANCE
The City will provide and pay the full premium for dental insurance for
employees and eligible dependents during the term of this MOU
V VISION INSURANCE
The City will provide a vision care plan and pay the premium for employee
and eligible dependents City retains the right to change providers at its
sole discretion but will maintain current plan benefits
Firefighters MOU 2005 2008 Page 25 CCFF
CITY_______
rIn 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
pnor work tJniform can be replaced through attrition
Firefighters MOU 2005 2008 Page 26 CCFFT---"4—
ARTICLE FOUR
VI LIFE INSURANCE
During the term of this MOU, the City will provide and pay the premium for
the employees' group term life insurance coverage of $50 000 City
retains the right to change providers at its sole discretion but will maintain
current plan benefits
VII UNIFORM ALLOWANCE
A INITIAL CLOTHING REIMBURSEMENT
1 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 employees covered herein shall be provided a
biweekly uniform allowance of thirty-six dollars and fifty-four
cents ($36 54) based upon a prorated annual allowance of
nine hundred and fifty dollars ($950)|109| In addition to the allowance, the City will provide specific
items of the uniform complement, including but not limited to
• Belt buckles • Patches
• Chevron stripes • Uniform and cap badges
• Name tags (e g embroidery)
• Other required items which attach to the uniform as may be
determined at the sole discretion of the Fire Chief
C CHANGE OF DEPARTMENT UNIFORMSFirefighters MOU 2005 2008 Page 27 CCFF
CITY
ARTICLE FOUR
D UNIFORM ALLOWANCE - PERSABLE
The City agrees to pay the employee's contribution to the Public
Employees' Retirement System as it pertains to uniform
reimbursement amounts The annual retirement contribution shall
be based on the above stated amounts for the term of the MOU
VIII SAFETY EQUIPMENT
A REQUIRED SAFETY EQUIPMENT
Safety equipment necessary for the performance of required duties
and/or required by law shall be supplied to the members of the
Culver City Fire Department at City expense
B CITY SUPPLIED REQUIRED SAFETY ITEMS|109| The City will supply and replace for use of the employee the
following items of safety equipment
• Brush pants • Hose ropes
• Brush jacket • Nomex hoods
• Chalk • Safety boots
• Door stops • SCBA mask
• Flashlights • Spanner wrenches
• Gloves • Turnout boots
• Goggles • Turnout coat
• Helmet • Turnout pants
• Helmet shield
•
Any other related equipment the Department deems
necessary for the purpose of emergency operations|109| Safety equipment will not be purchased from clothing
allowance funds
IX COMMUNICABLE DISEASES
A RISK FROM COMMUNICABLE DISEASES|109| The City the Fire Department and the Firefighters
Association recognize that fire fighting personnel areARTICLE FOUR
exposed to a higher than average risk from communicable
diseases
2 Therefore those personnel exposed to such risks should
submit industrial accident claims with as much information
as is available as soon as known|109| The City agrees to process such claims within seven (7)
working days of submission
B PREVENTIVE MEASURES
The City agrees to make available to all members of the Culver City
Fire Department any preventive vaccines, periodic tests and
documentation recommended by the Culver City Fire Department
Medical Director and the Culver City Fire Department
Communicable Disease Guidelines Policy
C ANNUAL IMMUNIZATIONS, TESTING AND DOCUMENTATION
1 Each year all members will be offered applicable
immunizations testing and documentation including but not
limited to the following
• Hepatitis • Tetanus/Diphtheria
• Influenza • Tuberculosis
• Measles Mumps and Rubella
2 The schedule of immunizations shall be determined between
the Fire Department and Risk Management according to
recommended frequencies
X WORKER'S COMPENSATION
A RIGHTS AND BENEFITS GRANTED BY STATE LAW
Worker's compensation rights and benefits for fire safety
employees shall be governed by applicable State law
B OFF-DUTY WORK
Unit employees that are assigned by the Fire Department to work
off-duty details 0 e, studio details or other off-duty work whi the
Firefighters MOU 2005 2008 Page 28 CCFF
CITY t
a--Firefighters MOU 2005 2008 Page 29 CCF
CITY
ARTICLE FOUR
City has determined to require the assignment of Fire Department
employees and for which an employer other than the City assumes
responsibility for compensation to the off-duty Fire employees) shall
nevertheless be considered employees of the City of Culver City for
purposes of workers' compensation and industrial disability
retirement benefits for any injuries received during such duty
XI PHYSICAL WELLNESS
A ANNUAL REIMBURSEMENT
City agrees to provide an annual reimbursement amount of up to
four-hundred fifty dollars ($450) per employee for the purpose of a
comprehensive medical evaluation
1 Employees may use up to four-hundred fifty dollars ($450) per
fiscal year for one or more of the following purposes upon
approval of the Fire Chief
• Medical examination by a health provider of the employee s
choice
• Reimbursement for medical expenses (deductibles or co-
payments) not covered by the employee s health dental or
vision insurance
• Other wellness-related programs (e g smoking cessation,
weight loss, or other benefits)
• Wellness reimbursement for expenses other than a physical
examination shall be contingent upon 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
(1) Physical exam consisting of a cardiac stress test,
pulmonary function test eye exam and hearing test or
(2) A signed certification of medical fitness under the Culver
City Fire Department Respiratory Protection Program
2 Unused funds may be carried over from one fiscal year to the
next year only 0 e the maximum available funds in any given
fiscal year is nine hundred dollars ($900)
B MEDICAL CERTIFICATE — CLASS B DRIVERS LICENSE |109| Employees may be required to undergo a physical 1
examination to maintain their medical certificate for a
California Department of Motor Vehicles Class B erFirefighters MOU 2005 2008 Page 30 CCFF
CITY
ARTICLE FOUR
License to drive and operate Department vehicles as a
condition of employment, or to obtain other medical
examinations as a requirement of employment
2 If an employee has any such required medical certificate or
examination the employee on their own time will be required
to use the four-hundred fifty ($450) to obtain the medical
certificate or examination
C MEDICAL RECORDS
Medical records resulting from this program and provided to the
City shall be maintained in confidential medical files separate from
personnel or administrative files
XII DEFERRED COMPENSATION
A VOLUNTARY DEFERRED COMPENSATION PLAN |109| City agrees to provide a deferred compensation plan as a
benefit to City employees Plan specifications and details
are determined pursuant to IRS Code Section 457 and the
organizations providing the investment and savings
programs for such deferred compensation|109| Plan documents are maintained by and copies may be
obtained from the Personnel Director
3 The City does not warrant that amounts deposited in the
deferred compensation plans are "qualified" for tax deferral
and is not to be held liable for such tax payments as may be
determined assessable
B CONVERSION OF HOLIDAY PAY TO VOLUNTARY DEFERRED
COMPENSATION
1 The City will permit employees covered hereunder a one-
time annual election to convert In-lieu (holiday) pay, at each
employee's regular hourly rate of pay for deposit into their
deferred compensation plan, up to a maximum of
• 56-hour employees 144 hours per calendar year
• 40-hour employees 96 hours per calendar yearCITY
ARTICLE FOUR|109| Such election must be made by December 10, for deposits
to the plan commencing in January of the succeeding year|109| Amounts deferred for deposit shall be deducted from the
employee's bi-weekly accrual
XIII ON-DUTY DEATH/FUNERAL BENEFIT
A FUNERAL BENEFIT
Should any unit employee die in the line of duty, the City will
provide the family of the employee a funeral benefit payment of
$7,500
B BENEFIT ABOVE PERS / LABOR CODE PROVISIONS
This benefit shall be payable over and above any benefit payable
through PERS or Labor Code provisions
C PAYMENT
Payment to the family shall be made as soon as possible, but in no
event later than fifteen (15) working days following the death
Firefighters MOU 2005 2008 Page 31 CCFF|99| Employees can take up to the total amount of accumulated
leave credit
Firefighters MOU 2005 2008 Page 32 CCFF
CITY
ARTICLE FIVE
ARTICLE FIVE
LEAVES OF ABSENCE
I POLICY
It shall be the policy of the City to grant leaves of absence to permanent
and probationary employees for the purpose of rest and relaxation, and for
recuperation from illness based on each employee s total length of
service with the City Employees are expected to take advantage of the
vacation provisions afforded them in order to maintain their mental and
physical health
II ACCUMULATION, USE AND REQUESTS FOR LEAVE
A ACCUMULATION OF LEAVE
1 The employee's anniversary date (date of original benefited
employment adjusted for breaks in service) shall determine
the category of leave accumulation
2 Employees shall continue to accumulate sick, holiday in-lieu
and vacation leave when on authorized leave with pay of any
kind
B FORMULAS FOR EQUATING LEAVE HOURS
When an employee changes assignments, accrued leave on the
books shall be converted using the equivalency formula as set forth
below
FROM TO EQUIVALENCY FORMULA
40 hrs per week 56 hrs per week Number of Accrued Leave Hours x 1 5
56 hrs per week 40 hrs per week Number of Accrued Leave Hours - 1 5
C USE OF LEAVE|109| Leave shall be taken in multiples of one (1) hourFirefighters MOU 2005 2008 Page 33 CCFF
CITY
ARTICLE FIVE
3 Charges against sick leave holiday in-lieu and vacation
leave credits shall be made for only those days on which
regularly assigned work would be performed
D ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave credit
may be approved for use by the Chief Administrative Officer
E REQUESTING LEAVE
1 Except as otherwise provided, no leave of absence with pay
shall be granted to any employee without the approval of the
Fire Chief
2 Whenever possible employees shall file a request for a
leave of absence through Telestaff, and shall receive
approval, before taking such leave
3 When conditions prevent a prior request the employee,
upon return from said leave, may be required to file a report
explaining the conditions which prevented a prior request
F FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior request, in the absence of extenuating
conditions, shall be grounds for disciplinary action
III HOLIDAYS / IN-LIEU TIME
A BI-WEEKLY ACCRUAL RATE
Employees shall be credited with leave in lieu of holidays, to be
accrued each bi-weekly pay period on a pro-rata annual basis, as
followsARTICLE FIVE
Holiday In Lieu Accrual
Hours
worked
per week
Bi weekly
Accrual
Rate
(rounded)
Monthly
Accrual
Rate
Annual
Accrual
Rate
Maximum
Annual
Accrual
Balance
Effective Date
56 hour
employees
5 539 hrs
(5 5 hrs)
12 hrs 144 hrs 216 hrs Effective the 1 st of
the month after
appointment
Effective the 1 st of
the month after
appointment
40 hour
employees
3 693 hrs
(3 7 hrs)
8 hrs 96 hrs 144 hrs
B ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL
HOLIDAY IN-LIEU
1 A balance not to exceed the maximum accrual shown above
may be maintained by the safety employee Accruals which
would exceed this maximum balance will be paid to the
affected employee as earned
2 If time is taken off to reduce the individual employee's
balance to less than the maximum, he/she can accrue once
again to the maximum allowable
C TIME OFF OR PAY IN-LIEU OF TIME OFF
In-Lieu (Holiday) time may be taken as time off duty with pay or
may be paid to the employee in lieu of time off|109| Time taken off shall be as follows
• 56-hour employees one (1) hour minimum
• 40-hour employees one (1) hour minimum|109| Pay for in-lieu (holiday) time may be requested as follows
• 56-hour employees a minimum of twelve (12) hours
• 40-hour employees a minimum of four (4) hours
3 Payments may be requested with advance notice to Payroll
on or prior to any Payday Friday for payment to appear on
the paycheck following two-weeks later|109| Any employee whose accrual of in-lieu time would exceed
the maximum
Firefighters MOU 2005 2008 Page 34 CCFF CITY2.03-Firefighters MOU 2005 2008 Page 35 CCFF
CIT
ARTICLE FIVE
• Shall be paid on the bi-weekly paycheck for the excess
amount or
• May elect to be paid bi-weekly for annual accruals for
the purpose of making deferred compensation
contributions
D AUTHORIZED HOLIDAY ROUTINE
Employees shall have authorized holiday routine as provided for in
Division 308 of the Department Rules and Regulations
IV VACATION
A ELIGIBILITY FOR VACATION
1 All permanent and probationary employees shall be eligible
to take vacation leave after serving twelve (12) months
employment with the City
2 At the completion of the twelve (12) months, the employee
shall be credited with vacation time earned in the prior year,
including time spent on provisional or temporary
appointments
3 Accumulated vacation time earned shall be shown on each
paycheck stub following the end of the initial twelve (12)
month period
B ACCRUAL OF VACATION
1 Vacation hours shall accrue each pay period at one twenty-
sixth (1/26) of the annual rate (i e annual accrual rate
divided by 26)|109| Unused vacation shall accumulate to the maximum allowed
in below (see Section H)
3 Exceptions to the maximum allowable accruals may be
granted by the Chief Administrative Officer or his/her
designee to meet exceptional departmental staffing needsARTICLE FIVE
4 No vacation shall be authorized, for leave or payment
unless accrued prior to the time for use or payment except
as authorized by the Chief Administrative Officer
C TABLE OF VACATION LEAVE BENEFITS
1 The Table of Vacation Leave Benefits shown below sets
forth the number of working hours per year to which an
employee is entitled as a vacation paid leave benefit|109| The benefit shown in each category shall commence upon
entering the first day of the new category as follows
TABLE OF VACATION LEAVE BENEFITS
Work
Schedule
1st and
2nd year
3rd thru
9th Year
10th thru
14th Year
15th thru
19th Year
20
Yrs
Over 20 Yrs
56 hr 144 hrs 168 his 216 hrs 228 hrs 288
hrs
288 hours
plus 12 hours
for each year
over 20
40 hr 96 hrs 112 hrs 144 hrs 152 hrs 192
hrs
192 hours
plus 8 hours
for each year
over 20
D 100 OR EXTENDED SICK LEAVE STATUS
1 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 employee's return to work, or it shall be paid to
the employee in lump sum on their paycheck
Firefighters MOU 2005 2008 Page 36 CCFFARTICLE FIVE
E PRESCHEDULED LEAVE
1 Prescheduled leave (January 1 through March 1) for
vacation, attached in-lieu (holiday) time and/or Service
Award Leave time shall be taken in increments of 24 hours
for fifty-six hour employees, or the length of the regular
I
I
workday for 40-hour employees 1
2 Any Leave less than twenty-four (24) hours under the
prescheduled leave window shall be considered
unscheduled vacation leave, and will be allowed only if a
volunteer is selected
F UNSCHEDULED LEAVE
1 Unscheduled leave (after March 1) for vacation, in-lieu
(holiday) and/or Service Award Leave, shall be a minimum
of|109| • 56-hour employees one (1) hour
• 40-hour employees one (1) hour
2 This can be done if there are volunteers willing to work the
time requested off (no member can be compelled to work
under this section)
G UNAUTHORIZED USE OF VACATION
Vacation shall not be used in lieu of accumulated sick leave or
when sick leave request is disapproved
H ACCUMULATION OF VACATION
1 Vacation time may be accumulated to a maximum of twice
the annual accumulation of vacation hours for which the
employee is eligible
2 The maximum consecutive vacation, including the use of any
in-lieu (holiday) time attached to the vacation, an employee
can pick in a single selection is one (1) year's accumulation
of vacation leave except as approved by the Fire Chief
Firefighters MOU 2005 2008 Page 37 CCFFARTICLE FIVE
I BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS —
NON-PERSABLE
Vacation time which accumulates in excess of the maximum
allowed each employee, shall be paid in cash (non-PERSable) on
the next regular bi-weekly paycheck, thereby bringing the
employee's vacation balance to no more than the maximum
allowable (except as provided in this Article
J VACATION PAYOFF UPON TERMINATION — NON-PERSABLE
Any employee who terminates employment shall be paid (non-
PERSable) for such vacation time accrued but unused as of the date
of the termination
V SICK LEAVE
A ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the employee has completed
three (3) full months of service including time spent on provisional
or temporary appointment
B ACCRUAL OF SICK LEAVE
Sick leave credit accrues each bi-weekly pay period pro-rated on
an annual basis and shall be credited as follows
• 56-hour employees twelve (12) hours for each month of
service
• 40-hour employees eight (8) hours for each month of service
C MAXIMUM ACCUMULATION OF SICK LEAVE|109| The maximum accumulation of sick leave time per employee
is as follows
• 56-hour employees 1,080 hours maximum
• 40-hour employees 720 hours maximum|109| Sick leave taken shall be for a minimum of one (1) hour
Firefighters MOU 2005 2008 Page 38 CCFF P4-------
CITARTICLE FIVE
D PAYROLL REPORTING|109| Absences shall be deducted only for time during which duty
has been assigned
2 Payroll shall prepare and maintain a record of sick leave
accumulated and shall deduct sick leave first from the
current annual accrual and then, if necessary, from the
balance of total accumulated sick leave
E PROCEDURE, USE AND VERIFICATION OF SICK LEAVE|109| Vacation time may not be used for disapproved sick leave|109| With proper verification sick leave may be allowed for
• Personal illness or injury of the employee
• Illness of the employee's spouse, registered domestic
partner or child,
• Medical or dental appointments
• Cases of quarantine, or
• Where exposure to contagious disease would endanger
the health of other employees
3 The employee shall notify his/her immediate superior within
one day of the beginning of sick leave, or pursuant to the
rules of the department
4 Upon return to duty, the employee shall present evidence of
the necessity of sick leave, if so requested by the appointing
authority
5 At the end of the second day of sick leave the appointing
authority may request verification to be made by a qualified
person
6 For absences of over two (2) days, a medical certificate from
a qualified physician, chiropractor or practitioner may be
required|109| The responsibility of proving the validity of a request for sick
leave shall be upon the employee
Firefighters MOU 2005 2008 Page 39 CCFFa4)-----
CIV I
t,ARTICLE FIVE
F BONUS PLAN BI-WEEKLY PAYOFF OF UNUSED SICK LEAVE
ACCRUAL / NON-PERSABLE
1 As set forth in the Tier 1 table below, upon reaching the
maximum accumulation of unused sick leave accrual the
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
RATE
MONTHLY
ACCRUAL
RATE /
(bi weekly
accrual rate)
MAXIMUM
ACCUMULATION
AMOUNT OF
BI WEEKLY
SICK LEAVE PAYOFF
@ 50%
(Non PERSable)
AMOUNT OF
BI WEEKLY
SICK LEAVE
ACCRUED
© 50%
40 hr 8 hours /
(3 7 hours)
384 hours 1 85 hrs x 40 hr rate
(1/2 [50%] of bi weekly
accrual rate of 3 7 hrs)
1 85 hours
56 hr 12 hours!
(5 5 hours)
576 hours 277 hrs x 56 hr rate
(1/2 [50%] of bi weekly
accrual rate of 5 5 hrs)
277 hours
2 Employees eligible for accrual or payoff under this
provision may elect annually on or before December 1 of
each year, to accrue or be paid during the following
calendar year Once an election has been made it shall
continue from year to year unless changed in writing to be
effective the following January or until the employee s
accrual maximum has been reached
3 Effective with the pay period that includes July 11,
2005, as set forth in the Tier 2 table, upon reaching the
maximum accumulation of unused sick leave accrual the
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
CCFF ----4::4---------- Firefighters MOU 2005 2008 Page 40ARTICLE FIVE
TIER 2 SICK LEAVE BONUS PLAN
RATE
MONTHLY
ACCRUAL
RATE
(IN weekly
accrual rate)
MAXIMUM
ACCUMULATION
AMOUNT OF
BI WEEKLY
SICK LEAVE PAYOFF
@ 100%
(Non PERSable)
40 hr 8 hours
(3 7 hours)
720 hours # of hrs of unused sick leave
accrual in excess of 720 hours
x40 hr rate
56 hr 12 hours
(5 5 hours)
1080 hours # of hrs of unused sick leave
accrual in excess of 1080 hours
x 56 hr rate
G SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION — (NON PERSABLE)
For 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) of satisfactory City service, one-half (1/2) of
his/her accumulated sick leave accrual will be added to
his/her vacation accrual bank Any payoff under this benefit
is non-PERSable
2 With retirement after ten (10) or more years of satisfactory,
service three-fourths (3/4) of his/her accumulated sick leave
accrual will be added to his/her vacation Any payoff under
this benefit is non-PERSable
3 With retirement after fifteen (15) or more years of service,
100% of accumulated sick leave accrual shall be added to
vacation Any payoff under this benefit is non-PERSable
H
SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE —
NON-PERSABLE
Upon an employee s death his/her heir or estate shall be entitled to
receive the same accumulation and conversion benefit payoff as
the employee would have received were he/she alive and d
Firefighters MOU 2005 2008 Page 41 CCFFFirefighters MOU 2005 2008 Page 42 CCFF
ARTICLE FIVE
favorably resigned or retired Any payoff under this benefit is non-
PERSable
VI 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|109| Immediate family is defined as follows
• Brothers
• Children
• Child s Spouse
• Grandchildren
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings Spouse
• Sisters
• Spouse
• Spouse s Brothers
• Spouse's Grandparents
• Spouse s Parents
• Spouse s Sisters
• Stepchildren
• Stepparents
3 Should the list of specified family members be increased in
any other Culver City bargaining unit MOU, the additional
provisions shall apply to this unit
4 The City may require verification of the death of a member
of the immediate family Verification may include any
printed record or notice of the death (e g, newspaper
obituary notice, mortuary leaflet or card, etc )
5 If special circumstance exists wherein an employee
believes another person reasonably substitutes for one of
the foregoing (i e, foster parent, legal guardian, foster
child, legal ward, etc ) the employee must register that
special circumstance with the Personnel Department in
writing in advance in order to qualify for the leaveARTICLE FIVE
B EMERGENCY LEAVE
1 An Emergency leave of absence with pay may be granted by
the Appointing Authority to any employee because of family
illness legal matters court appearances, home emergencies
(e g, burst water heater or sudden structural damage) etc
providing the 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|109| Verification of all emergency leaves may be required by the
Appointing Authority
C JURY DUTY LEAVE
1 An 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|109| The employee will forfeit jury fees to the City, but shall retain
any mileage compensation provided
3 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 an employee's off-duty day is not
compensable by the City and the employee may retain jury
compensation for such days
5 Employees whose work schedule cannot be modified whose
regular work day may be Saturday or Sunday, and/or who
serve jury duty and then work some portion of the same day,
shall receive their regular compensation for the scheduled
work day and may retain jury pay|109| In the event the employee is required to serve in excess of
ten (10) compensated work days (or five [5] shifts in
Firefighters MOU 2005 2008 Page 43 CCFF
CITY L- 1-7
( /ARTICLE FIVE
Suppression) he/she may use accrued leave and retain
excess jury fees for that period|109| The employee shall be responsible for providing proof of jury
service upon his/her return to work
8 Specific procedures for jury duty leave with pay, consistent
with this provision shall be established Fire Department
Rules and Regulations
D OUTSTANDING PERFORMANCE LEAVE
1 The City may grant up to three (3) days off with pay to
employees rewarded for outstanding performance, or
provide other forms of recognition pursuant to Civil Service
Rules|109| Leave may be taken pursuant to prescheduled or
unscheduled leave policy
E RELIGIOUS SERVICE LEAVE
1 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 employee's accumulated
vacation in-lieu (holiday), compensatory leave or service
award leave time and may be taken pursuant to
prescheduled or unscheduled leave policy
F MILITARY LEAVE
Military leave with pay shall be granted in accordance with
applicable state federal law and municipal law and applicable City
policies
G VOTING LEAVE
1 Employees shall be permitted leave to vote as required by
California Elections Code Section 14350-14352, if the
employee cannot otherwise get to the polling place during
non-working hours
Firefighters MOU 2005 2008 Page 44 CCFF
CITY g-Firefighters MOU 2005 2008 Page 45 CCFF
CIT
ARTICLE FIVE
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 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 an employee is required to
appear in the school of his/her child pursuant to a request
from the school administration pertaining to disciplinary
action|109| Suppression employees shall take a minimum of six (6)
hours for force hiring back a member|109| Members will not be force hired if a suppression employee
requests any time off less than the six (6) hour minimum|109| Members can volunteer to work any time less than the six
(6) hour minimum
7 School activity leave for less than six (6) hours shall fall
under the same procedures as filling unscheduled vacation
leave
8 School Activity Leave for six (6) hours or more shall fall
under the same schedule procedure for pre-scheduled
vacation leave as set forth in the Fire Department Rules and
Regulations|10 9| Employees must give three (3) calendar days advance
notice to the employer to permit work coverage, and beARTICLE FIVE
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 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 — EFFECTIVE JANUARY 1, 2006|109| Effective January 1, 2006 and each calendar year
thereafter, sworn Firefighter Unit employees shall be granted
twenty-four (24) hours of paid leave to attend job-related
training Permissible job-related training includes classes
and courses that relate to the employee s present job duties,
improve general or specialized firefighting skills or prepare
the employee for the next level of promotion The Fire Chief,
or designee, shall review paid leave requests and approve
those that are job-related|109| 2 Unit employees will not be force-hired to replace unit|10109| Training Leave
• Shall be used to attend job-related training only,
• Cannot be cashed out and
• Shall not be cumulative from year-to-year
J
PAYOFF OF ACCRUAL UPON DEATH OF AN EMPLOYEE —
NON-PERSABLE
When separation is caused by the death of an employee,
separation pay and other accrued moneys owed shall be paid (non-
PERSable) to the designated beneficiary of such employee as filed
with the Personnel and Employee Relations Director
VII LEAVES OF ABSENCE WITHOUT PAY
A VOLUNTARY LEAVE OF ABSENCE WITHOUT PAY|109| Any employee is entitled to present to his/her appointing
authority a request for leave of absence without pay not to
employees on training leave as set forth in this section
Firefighters MOU 2005 2008 Page 46 CCFF|99| Such leave may be cancelled at any time by the Chief
Administrative Officer if he/she determines that
• The employee is not expected to return by the
conclusion of the scheduled leave of absence without
pay,
• The employee s conduct is inconsistent with the
purpose(s) of the approved leave of absence without
pay or
• The basis for the leave of absence without pay is no
longer valid
Firefighters MOU 2005 2008 Page 47 CCFF Q---.---------)
Z---
ARTICLE FIVE
exceed one (1) year The employee shall indicate the basis
of the leave in his/her request
2 Leaves of absence without pay may be granted for illness
exceeding accumulated sick leave child care absences
exceeding pregnancy disability leave, special education,
special duty for another governmental agency, extension of
vacation time seeking political office or any other reason
which is deemed to be in the best interests of City
government
3 Verification of such requests shall be required by the
appointing authority who shall attach the evidence of
verification to the proper form (Personnel Action)
4- Any leave without pay must be approved by the Chief
Administrative Officer pursuant to Civil Service Rules
B LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY
(30) CALENDAR DAYS |109| For any leave of absence without pay in excess of thirty (30)
calendar days the employee shall
Notify the appointing authority where he/she can be reached,
if not at his/her residence of record and
How long the employee will be absent
2 In the absence of such written notification any notice or
correspondence to the employee shall be mailed or
delivered to the employee s residence of record
C DURATION OF LEAVE OF ABSENCE WITHOUT PAY|109| Employees shall be advised of the duration of approved
leave of absence without payARTICLE FIVE|109| If the City intends to cancel an approved leave of absence
without pay the employee shall
• Be notified of the City s intent and given the opportunity
to provide additional information in support of the leave
of absence without pay or
• Return to work within five (5) working days after receipt
of such notice|109| 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 a leave of absence 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 OF ABSENCE WITHOUT PAY
The City may place an employee on leave without pay for non-
disciplinary reasons when the status of the employee due to injury
or other involuntary circumstances cannot be covered by paid
leave time
F BENEFIT / ACCRUAL ELIGIBILITY WHILE ON LEAVE OF
ABSENCE WITHOUT PAY
Firefighters MOU 2005 2008 Page 48 CCFF
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 t'
10 1 11101e
eni1 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
Firefighters MOU 2005 2008 Page 49 CCFFf.--------
CIT
ARTICLE FIVE
(13) work days, or seven (7) shifts in Fire Suppression, in
that month
2 No biweekly period shall be counted for eligibility periods or
for the accumulation of vacation or sick leave when the
employee is absent on leave without pay or has a break in
service of more than sixty five percent (65%) of the working
hours in the biweekly period
3 An employee on unpaid leave of absence under this section
shall be responsible for the payment of insurance premiums
in any month when there is insufficient paid leave available
or authorized to maintain benefited status except when the
employee has been authorized for Family Medical Leave Act
(FMLA)
VIII FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY
RIGHTS ACT (CFRA)
1 This section does not purport to provide all the provisions of law,
but summarizes the general intent at the time this MOU was
adopted|109| Specific details of the State and Federal laws relating to FMLA and
CFRA are available in the Personnel Department|109| Employees and department management must contact Personnel
Department to verify current provisions and requirements
4 Failure to do so could result in a misunderstanding of rights and
obligations, and could cause loss of leave benefits or loss of
insurance coverage
A ELIGIBILITY FOR FMLA AND CFRAPage 50 CCFF
CITY
i./
ARTICLE FIVE
• The care of a spouse or parent with a serious health
condition or
• The employee's own serious health condition
2 Such leave rights apply to all employees with twelve (12)
months or more service with the City prior to the leave
request who have worked a minimum of 1,250 hours in the
preceding twelve (12) months
B EMPLOYEE RIGHTS UNDER FMLA|109| The maximum amount of leave shall be twelve (12) weeks in
a twelve (12) month period|109| The twelve-month period is rolling and is measured
backward from the date leave is used 1|10109| Leave may be taken as days off or intermittent or modified
work schedules|109| The employee is guaranteed a return to his/her position at
the end of approved leave
5 During the 12-work week FMLA period, the City shall
maintain the employee's medical dental, life and vision care
insurance
C APPROVAL PROCESS FOR FMLA
1 Employees must give 30-days advance written notice on a
form provided by the City of the need for such leave, unless
the absence could not be anticipated In such cases, the
employee must give notice as soon as possible
2 Verification by the attending physician or health care
provider will be required for absences relating to the
employee s or family member's serious health condition
3 The Personnel Department shall determine if the leave
qualifies under the Family and Medical leave laws, and may
determine the commencement date
Firefighters MOU 2005 2008Firefighters MOU 2005 2008 Page 51 CCFF
CITY
ARTICLE FIVE
D PRIVACY UNDER FMLA
For privacy reasons the City may not require specific medical
diagnosis of a family members 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
E 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|109| FMLA shall run concurrently with Pregnancy Disability
Leave
F EXPIRATION OF FMLA
Upon expiration of FMLA leave, if the employee remains on unpaid
leave he/she shall be responsible for maintaining his/her insurance
benefits, either by use of sufficient accrued paid leave or by
payment of the required premiums
IX PREGNANCY DISABILITY LEAVE (PDL)
1 Pregnancy Disability Leave of up to four (4) months, with or without
pay, shall be provided to employees covered herein pursuant to the
Fair Employment Housing Act (FEHA)
2 Such leave shall be granted for disability of the employee
determined by a physician for the duration of such disability,
provided, however that the cumulative unpaid leave for disability
and non-disability reasons shall not exceed one year|109| Pregnancy Disability Leave without pay shall not be granted until
accrued sick leave has been exhausted|109| Employees may voluntarily use accrued vacation or other paid
leave before commencing unpaid leaveFirefighters MOU 2005 2008 Page 52 CCFF
Cl
ARTICLE FIVE
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|109| Such notification shall be made pursuant to the procedures for
notification of intent to discipline as provided in Civil Service Rules
5 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
XI RIGHT TO FILE GRIEVANCE — DENIAL OF LEAVE OF ABSENCE
When an employee is notified that a leave of absence is disapproved,
he/she may file a grievance on the denial of the said leave of absenceFirefighters MOU 2005 2008 Page 53
ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I SENIORITY
A SENIORITY LISTS
1 The City shall establish seniority lists and shall inform each
employee of their seniority status Seniority status may give an
employee priority preference in work schedules, including shifts,
engine companies, truck company, rescue companies and
stations, where the City is able to offer employees a choice
2 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
an employee has in the position of the current classification and is
only applicable for the purposes stated herein
2 When two or more employees are appointed on the same date,
seniority among those employees shall be based upon the rank
order of those employees on the eligible list from which they were
appointed, with the highest ranking employee being considered
the most senior
II GRIEVANCE
A classified employee grievance shall be processed as provided for in the City's
Civil Service Rules
III DISCIPLINE
Disciplining of classified unit employees shall be as provided for in the City's
Civil Service RulesARTICLE SEVEN
GENERAL PROVISIONS
I TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective January 1 2005 and together with all the terms
conditions and effects thereof, shall expire as of midnight on December 31,
2008
II EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of
God fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, the provisions of this Memorandum of Understanding shall not
restrict the City s ability to respond to these emergencies
III SEVERABILITY PROVISION
Should any article, section, subsection, subdivision sentence, clause, phrase,
or provision of this Memorandum of Understanding be found to be inoperative
void or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding In the event of such
invalidation the City and the Union agree to meet and confer in good faith to
determine an alternative equivalent article section subsection subdivision,
sentence, clause phrase, or provision
IV CIVIL SERVICE RULES/CITY POLICY
The parties agree that all conditions of employment as they pertain to
employees covered by this MOU, subject to meet and confer provided for by
the City's Civil Service Rules, Ordinances, Resolutions Departmental Rules
and Regulations or Policy Statements in effect prior to the date of this MOU,
unless specifically provided for to the contrary in this MOU, shall remain in
force and effect during the term of this MOU and shall not be changed
unilaterally by the City through exercise of its rights under Article One, Section
VII of this MOU Any changes to the Civil Service Rules shall be as provided
therein
Firefighters MOU 2005 2008 Page 54 CCFF qtr-I-V 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 Union 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
Rrefighters MOU 2005 2008 Page 55 CCFF 1) LA) IV RATIFICATION AND IMPLEMENTATION
B ACKNOWLEDGEMENT
The City and Culver City Firefighters Local 1927 AFL-CIO 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 Firefighters set forth in
this agreement and adopted in the form of a resolution of the City
Council
C 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 Firefighters Local 1927, AFL-
CIO
D 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 Firefighters Local 1927 AFL-
CIO and entered into this day of Firefighters MOU 2005 2008 Page 56 CCFF -6-1—I CULVER CITY FIREFIGHTERS
//CAL 1927, AFL-CIO
iA1 Alb
Rob Wexler, Chief Negotiator
Labor A orney
Darryl Well
Culver City Firefighters
Kevin Carlson
Culver City Firefighters
Robert de la Puente
Culver City Firefighters
'
J • n F offm
ersonnel and
/Consultant
Serena Wright
Deputy Personnel Director
PARTIES TO THE AGREEMENT
CITY OF CULVER CITY, CA
Jeff Eastman
Fire Chief
Marlee Chang
City Controller
Linda Coll
Personnel Services Analyst
In witness whereof the parties hereto have caused this agreement to be executed this
day of CULVER CITY FIREFIGHTERS
LOCAL 1927, AFL-CIO
CITY OF CULVER CITY, CA
Joe Zimmerman, President
Jerry Fulwood
Culver City Firefighters
Chief Administrative Officer
Firefighters MOU 2005 2008 Page 57 CCFF