HomeMy WebLinkAboutAgenda Report - September 3, 2008 K-03AGENDAITEm Ko'5
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Amending Fire Mid -Management Statement of Benefits
MEETING DATE: September 3, 2008
PREPARED BY: Human Resources Manager
RECOMMENDED ACTION: Adopt Resolution Amending Fire Mid -Management Statement of
Benefits.
BACKGROUND INFORMATION: As directed by City Council through the City Manager,
representatives from Fire Mid -Management and City staff began
negotiationsfor the purpose of amending the Statement of Benefits.
The recommended elements of the Statement of Benefits are as
follows:
• Effective the first pay period, in which July 1, 2008 falls, represented employees shall receive
a 10.5% salary adjustment.
• Effective January 1, 2009 salaries will be adjusted by a minimum 3.5% and a maximum of
5.0% based on the Consumer Price Index (CPI -W) for San Francisco wage earners.
• Amend Performance Incentive Program to Additional Compensation/Loyalty Incentive
program.
• Amend appeal process for non -disciplinary actions to include mediation upon which Fire Mid-
Managementwill incur any costs associated therein.
FISCAL IMPACT: The current year salary modications, as recommended, would impact the General
Fund by approximately $63,145 in Fiscal Year 2008-2009 and is within budget.
FUNDING AVAILABLE:
Affachments
et 102012.7101, 102013.7101; 10201S7101
Budget Manager
DeaniGL)Wo I -
Human Resources Minager
APPROVED: 1_13�
136-&V& City Manager
L___ -
CITY OF LODI
FIRE MID -MANAGEMENT
STATEMENT OF BENEFITS
JULY 2008
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2004 2008
TABLE OF CONTENTS
P A CIF �k
Article I
Salary
3
Article II
Right of Return
3
Article III
Deferred Compensation
3
Article IV
Flexible Spending Account
4
Article V
Chiropractic
4
Article VI
Education Incentive
4
Article VII
Additional Compensation/ Loyalty Program
5
Article VIII
Overtime
5
Article IX
Retirement
6
Article X
Vacation Leave
6
Article XI
Administrative Leave
7
Article XII
Holidays
8
Article X111
Sick Leave
8
Article XIV
Sick Leave Conversion
8
Article XV
Survivors Benefits
9
Article XVI
Executive Physical Examinations
10
Article XV111
Medical Insurance
10
Article XVHI
Dental Insurance
I I
Article XIX
Vision Insurance
I I
Article XX
Life Insurance
I I
Article NXI
Unifon-n Allowance
12
Article XXII
Leaves and Leaves of Absence
12
Article XXIII
Tuition Reimbursement
12
Article XXIV
56-Ho-ur Work Week
13
Article XXV
Probation
14
Article XXVI
Personal Liability
14
Article XXVII
Grievance Procedure
15
Article XXVIR
Disciplinary Procedure 16
Article XXIX
City Rights
20
Article XXX
Department Sanctioned Teams
20
SCHEDULE A
Salary Schedule
ATTACHMENT I
Vacation Leave Policy
2
FIRE MID -MANAGEMENT — STATEMENT OF BENEFITS JULY 1. 2@0; 2008
FIRE MID -MANAGEMENT CLASSIFICATIONS
Fire Division Chief
Fire Battalion Chief
ARTICLE I - SALARY
1.1 Effective the pay period in which July 1, 2403k 2008 fi&, �;;11 represented
employees wifl receive a salary adjustment equal to 10.5%. equity of 500,; of t4o salary SUFVOY
ms --sh-w-044- 444- A. t4e fiFA pay pei4ed in -1—an-ulaar-y 1, 2004 fa4s, a4l
-Rh—Al F"Beem-Alre #14 -ea, P -4 --ex- -50-0,; of the adji—Ist-me"Rt ms shiwza in Rehed 1164 A Th ka,
of 4*iag i -.q- t -A- 19@ t4@ pay pp-4-i-tod- i-44- vah-io-,14 A+ly 1, 2003 a -PA J* 1, �!004 PA
fl4iq thp AMPAI tq'-qht*AM �m Rr'hkA41164 A
1.2 Effective the first pay period in which Aj4y 1, 2003. January 1, 2009 falls, represented
employees will receive a cost of living adjustment based upon the consumer price index (CP1-
W), San Francisco- Oakland- San Jose. The increase will be no less than -2 3.5% and no
greater than -4- 5% and calculated using the most recent twelve month average that is available
and issued by the Department of Labor. mas AG -f-.14 Mae 4 5, 2003. Effeetive the pay peqied in W11i
J* 1, 2004 &4s, eest 4 li%4ag adjust-m-M-A—s *411 be adjuswd using th@ s—am-W, M -P -4 -4 -t -AW -49g), ai4d a
fe:-Fe-fe-ifiee- date A-f-Affin-e- 1-51 2004.
1.3 The City of Lodi and the Fire Mid -Management group agree that the term of this agreement is
July 1, 2008 to December 31, 2009.
ARTICLE H - RIGHT OF RETURN
2.1 The City agrees that employees reserve the right to return and discuss with the City, at any time,
those issues pertaining to the terms and conditions established by Resolution 2003-132
approved by the City Council on July 16, 2003
ARTICLE III - DEFERRED COMPENSATION
3.1 Employees may participate in the City's Deferred Compensation Plan
3.2 The City vA matches up to a maximum
of 3.0% of base salary. effeetive t4e pay peFied inwh_ieh 1-111-11-04 W—IRS.
ARTICLE IV - FLEXIBLE SPENDING ACCOUNT
4.1 Employees shall have the option of participating in the Flexible Spending Account (Section
125 Plan). Employees may elect to participate in;
a) Premium Conversion
b) Non -reimbursed Health Care
C) Dependent Care Reimbursement
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
4.2 Elections for the calendar year will be made each December, or if a change in family status
occurs. Money not used by the end of each calendar year will be forfeited by the employee.
ARTICLE V - CHIROPRACTIC
5.1 Chiropractic services may be received by employees and dependents through a chiropractic
insurance plan. This benefit allows up to a maximum of 40 visits per calendar year. Co-
payments for services are $10.00.
ARTICLE VI - EDUCATION INCENTIVE
6.1 Education incentives will be available to eligible employees for specified degrees, certifications,
and licenses.
6.2 Associate of Arts Degree - $50.00 per month if the :
a) AA Degree is in Fire Science of related field;
b) AA Degree is in a non -related field with a Fire Science Certificate from an accredited
institution.
c) Employee has AA Degree and is actively pursuing a Bachelor of Arts degree
1-0
Bachelor of Arts Degree - $ 100.00 per month.
If an employee possesses a BA degree, he/she will receive a maximum of $ 100.00 under
Section 6.2
6.3 Employees will receive education incentive pay for the following certifications:
Certified Chief Officer
Emergency Medical Technician
Certified Fire Officer
Certified Fire Investigator
Certified Fire Instructor
Certified Fire Prevention Officer
Certified Public Education Officer
Certified Fire Chief
$ 100.00 per month
$50.00 per month
$50.00 per month
$12.50 per month
$25.00 per month
$25.00 per month
$12.50 per month
$25.00 per month
6.4 Employees shall receive a maximum of $275.00 per month for education incentives. However,
an additional $25.00 per month may be earned if the employee possesses a Hazardous
Materials Specialist/Technician Certificate.
4
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@04 2008
ARTICLE VII - ADDITIONAL COMPENSATION LOYALTY PROGRAM
7.1 After completing ten years of service with the Lodi Fire Department, employees shall receive an
annual loyalty compensation amount of $1,500 in November of the year following completion of
ten years of service and each year thereafter until completing twenty years of service with the
Lodi Fire Department. Employees who have completed twenty years of service with the Lodi
Fire Department will receive an annual loyalty compensation amount of $3,000 on November of
the year following completion of twenty ftill years of service and each year thereafter.
For the purposes of this article, all employees who as of October 3 1 " meet the service level
requirements (either ten fffl years or twenty M years from the first day of the month in which
they started their employment with the City of Lodi Fire Department) shall receive the loyalty
compensation associated with their years of service with the Lodi Fire Department.
ARTICLE VIR - OVERTIME
8.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime
requirements of the Fair Labor Standards Act (FLSA), the following special provisions for the
payment of overtime will apply. Employees shall be compensated for overtime at the time and one-
half rate for time worked due to emergencies. Overtime for Fire non -shift employees is based on a
40 hour work week. Overtime for Fire shift employees is based upon a 56 hour work week.
Emergencies shall be determined by the appropriate department head and include but are not limited
to such events as:
Major storm damage requiring the dispatching of additional crews;
The necessity to cover scheduled shifts;
Direct supervision of crews assigned to work during normal days off to accommodate the
public:
Break down of equipment and/or systems requiring the presence of the mid -manager in order
to restore service.
8.2 Overtime pay shall not be paid for the following:
Staff meetings
Special projects
Conferences and seminars - except as noted below
Appearances before City Council and commissions,
Public infortnation presentations,
Activities involved with the completion of normal activities or programs such as budgets,
inventory, annual financial closings, labor negotiations, and recreation programs.
8.3 All overtime must be approved by the department head. Any deviations from these guidelines must
be approved in advance by the department head and the City Manager.
8.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory
time shall be one and one-half hours for each hour worked.
M,
M
ON
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
No more than one hundred forty-four (144) hours of compensatory time may be carried on the books
at any time.
Upon separation, the employee will be paid at the employee's current hourly rate or the average of
the last three years, whichever is higher for the remaining compensatory balance.
Upon promotion into a Mid -Management position only previously accrued compensatory time nust
be paid or used prior to the promotion.
8.8 Fire Division Chief is considered an exempt classification not subject to any of the exceptions for
overtime specified in this section. However, for the purposes of and in recognition of San Joaquin
County Strike Team Agreements, Division Chiefs and Battalion Chiefs will be allowed to participate in
Strike Team Operations and be eligible for overtime as provided for in said agreements.
ARTICLE IX - RETIREMENT
9.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System.
Employees shall receive the following retirement benefits.
Safety 3% @ 50 plan - 1957 Survivors Benefit
0 1959 Survivors Benefit -3d Level
oo Employee's 9% paid by City
oo Credit for Unused Sick Leave
oo Military Service Credit as Public Service
oo Single Highest Year
ARTICLE X - VACATTON LEAVE
10.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Forty Hour Work Week:
Be2inniniz with:
Date of Hire:
6th year
12th year
15th year
21 st year
22nd year
23rd year
24th year
25th year
3.08 hours per pay period
4.62 hours per pay period
5.23 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
(10 days per year)
(15 days per year)
(17 days per year)
(20 days per year)
(21 days per year)
(22 days per year)
(23 days per year)
(24 days per year)
(25 days per year)
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
Shift (56 hour work week) Employees:
Beginning with:
Date of Hire: 5.54 hours per pay period
6th year 8.3 1 hours per pay period
15th year 11. 08 hours per pay period
25 th year/above 13.85 hours per pay period
10.2 Vacation leave shall be used in increments of not less than quarter hours. Vacation may not be
carried over to the subsequent year in excess of the amount earned in a calendar year unless
authorized by the City Manager.
ARTICLE XI - ADMENISTRATIVE LEAVE
11.1 Employees will be given 80 hours of administrative leave (or 120 hours for shift personnel) per
calendar year. Leave shall be taken in increments of not less than quarter hours. Balances must
be used prior to December 30 or they will be lost.
11.2 New employees or employees becoming eligible due to a promotion receive administrative
leave on a prorated basis. Non -shift employees will be granted eight hours leave for each M
calendar month remaining in the calendar year with a maximum of 80 hours. Shift employees
will be granted twelve hours leave for each Ul calendar month remaining in the calendar year
with a maximum of 120 hours.
11.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on
a prorated basis in accordance with 10.2.
11.4 Employees are eligible to cash out up to half of their current Administrative Leave balance in any
calendar year except in the months of May and June. A request to cash out Administrative
Leave must be in writing and submitted to the Finance Department.
ARTICLE XH - HOLIDAYS
12.1 employees 14h—AIII Reeve-i-vea eit-h-eff I OUGH he (ffm shifl) of 4 4 4 (shift) of holiday leaw to
the appfev-E4 of -4 -he 1-24re-, G Effective January 2004, employees shall
receive either 108 hours (non- shift) or 156 hours of holiday leave to compensate for the
addition of Martin Luther King, Jr. birthday as a fixed holiday.
12. 2 Holiday hours shall be taken in increments of not less than quarter hours and may not be carried
into the following calendar year. Each year, the pay period in which December I falls,
employees will be paid for the unused holidays at the straight -time rate as of December 31 of
the year in which the holidays were earned.
ARTICLE XIH - SICK LEAVE
13.1 Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40 hour
work week and 5.54 hours for shift (56 hour work week) employees. There is no limit on the
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@04 2008
amount that can be accumulated. Total sick leave accrued is 12 days per year. Sick leave shall
be taken in increments of not less than quarter hours.
ARTICLE XIV - SICK LEAVE CONVERSION
14.1 Employees hired prior to July 1, 1994, after 10 years with the City and only upon retirement,
may convert their accumulated sick leave time to medical insurance premiums or cash under the
following options:
OPTION # 1 - "Bank"
The number of accumulated hours shall be reduced by 16-2/3% and the remaining balance
converted into days. The days are then multiplied by the current monthly premium being paid
for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will
be placed into a "bank" to be used for medical insurance premiums for the employee, and if
applicable, his/her dependents. For each year of employment over 10 years, 2.5% will be
added to the 50% used in determitring "bank" amount. Total premiums shall be paid from the
Bank until its depletion, at which time the conversion benefit stops.
Employees may also use 1heir banks money to purchase Dental and/or Vision Insurance at the
current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days. The City
shall pay one month's premium for employee and dependents for each day after conversion.
For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before
conversion. The amount of premium paid shall be the same as the premium paid by the City at
the time of retirement. Any differences created by an increase in premiums must be paid for by
the employee.
OPTION #3 - "Cash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the rate
of 30% of base pay per hour.
OPTION #4 — "Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for CalPERS
retirement purposes.
14.2 Employees hired after July 1, 1994 will not have the option of converting unused sick leave time
into medical insurance Dremiums or cash as referenced in OPTION 1-3. The on1v oDtion
available to these employees is OPTION #4 "PERS C1
qualified for the sick leave conversion option while in the
they will retain their eligibility if promoted to Fire Nhd-l\/
tEDIT". If an individual previously
United Professional Firefighters unit,
anaizement with an effective date of
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@04 2008
14.3 In the event an active employee dies before retirement and that employee is vested in the Sick
Leave Conversion program (10 years) the surviving dependents have an interest in one-half
(1/2) the value of the bank as calculated in section 13. 1.
14.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion
program to purchase medical insurance at the employee only premium for the same period as if
the retiree had not died.
14.5 A retiree or surviving dependent upon expiration of City -paid coverage, if any, has the option
of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time.
14.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's
liability as specified in Section 13. 1; Option #2.
14.7 Only one City of Lodi employee may carry dependent coverage for another City employee,
therefore, upon retirement the employee may re- enroll as an individual into the heakh plan in
order to take advantage of the Sick Leave Conversion program.
14.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate
through the Sick Leave Conversion Bank option.
ARTICLE XV - SURVIVORS BENEFITS
15.1 The City shall pay 100% of premiums for health and dental benefits described in this MOU for
the Surviving spouse and any minor children of any member of the Fire Xtid-Management group
who is killed or dies during the performance of official duties. Premiums will be paid at the
current rate in effect at the time of the member's death. Premiums will continue to be paid by
the City until such time such time as the surviving spouse is covered by other insurance or
remarries, and for dependent children of the member killed in the line of duty until such time as
either:
1. the children become adults, or
2. the children are covered under other alternative medical coverage provided by and through
the surviving spouse or the person who he/she remarries.
ARTICLE XVI - EXECUTIVE PHYSICAL EXAMINATION
16.1 Employees may elect to receive an executive physical examination in accordance with the
provisions of the City's medical insurance plan to include any and all of the following procedures
as applicable and as deemed necessary by the employee's physician:
A complete office examination 0 An executive blood panel
Ufinalysis 0 Mammogram
Pap smear 0 Chest X-ray
EKG (resting)
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2004 2008
16.2 Employees shall be reimbursed for costs not covered by the medical insurance for the
procedures referenced in 14.1 only. Any additional tests judged necessary shall be the
responsibility of the employee. Employees must submit all related receipts, attached to a claim
voucher, to the Finance Department for reimbursement.
10
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
ARTICLE XV11 - MEDICAL INSURANCE
17.1 All employees are offered medical insurance for themselves and dependents through Cal PERS -
Medical Plans. City shall pay 100% premium for employee only up to the highest HMO
available in our geographical area. Effective as soon as administratively possible, employees will
be responsible for a share of cost of their medical premiums as follows: a) Employees with no
dependents - $0.00 monthly, b) Employees with one dependent - $80.00 monthly, c)
Employees with more than one dependent - $104.00 monthly. Employees selecting a PPO or
other available plan shall also be responsible for the difference in cost between the highest
HMO and the selected plan, in addition to the specified employee share of cost.. Should an
employee decide to elect single medical coverage, the City of Lodi will deposit $25.00 per pay
period into the employees deferred compensation account. If no coverage is elected $71.15
per pay period will be deposited into the employees deferred compensation account.
17.2 Only one City of Lodi employee may carry dependent coverage for another City employee.
Co -payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi
on a quarterly basis.
ARTICLE XV111 - DENTAL INSURANCE
18.1 Employees are provided fully paid family dental insurance.
18.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendar year. There is a $25 deductible plus co- insurance features.
ARTICLE XIX - VISION INSURANCE
19.1 Employees are provided with family vision care insurance through Vision Service Plan.
Services and amount of coverage are outlined in the VSP Summary of Benefits.
ARTICLE XX - LIFE INSURANCE
20.1 Employees are provided with term life and accidental deathldismemberment insurance at a
benefit rate of $17,000. This benefit decreases after age 70 on a sliding scale, depending on
age.
20.2 Employees are provided with $ 100,000 of accident insurance while traveling on City business
outside the City limits. Spouses are only covered while accompanying the City employee on
City business, or while conducting business on behalf of the City.
20.3 Employees are also provided with a $25,000 accidental death policy in the event of death
resulting from a fine - o f- duty injury.
ARTICLE XM - UNIFORM ALLOWANCE
21.1 The uniform allowance shall be $640-A0 $800.00 per year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
11
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
ARTICLE NMI - LEAVES AND LEAVES OF ABSENCE
22.1 Employees shall receive all leaves and leaves of absence in accordance with Federal and State
mandates and City policies.
22.2 Family Medical Leave
a) Family Medical Leave is available to employees upon reasonable request unless such request
qualifies and an exception to eligibility for family medical leave, or that granting the leave
would cause undue hardship.
b) Family Medical Leave is leave of absence up to a total of four (4) months from the date
leave commenced within a 12 -month period for the following reasons:
1) Birth of a child of the employee and in order to care for such child or the
placement of a child with an employee in connection with the adoption or foster care of
child by an employee (such leave must be taken within the 12- month period following
the child!s birth or placement with employee); or
2) To care for a child, parent or spouse of the employee who has a serious health
condition; or
3) Because of a serious health condition that makes the employee unable to
perform the functions of his/her position.
c) The terms and conditions for leaves of absence without pay pertaining to the medical benefits
are applicable to Family Medical Leave in accordance with the City of Lodi Administrative
Policy and Procedure.
ARTICLE XMII - TUITION REIMBURSEMENT
23.1 Employees shall receive the following:
1) Tuition costs, up to a maximum of $1,804 per fiscal year, to be paid upon the
satisfactory completion of course work.
2) The full cost of books required for courses taken.
The maximum amount reimbursed is based on fees for two courses of study at California State
University Sacramento. This maximum amount will be updated annually. A fiscal year is the
period between July I and June 30. The final date of class shall determine the fiscal year in
which that course falls.
This section will be applied toward registration fees at an accredited College or University.
Course work must be part of a program of study toward obtaining an Associate of Arts,
Bachelors, or any higher degree.
ARTICLE XXIV - 56 -HOUR WORKWEEK
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
24.1 The work schedule will be a schedule of "56 hours per week7 with three on- duty shifts in nine
24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a
27 day work cycle.
24.2 If an employee assigned to a 56 -hour work week schedule terminates his/her employment in the
middle of a two week payroll cycle, the employee's pay for that cycle shall be computed by
multiplying the number of days between the first day of the payroll cycle and the last shift
worked by eight (8) hours or the number of actually worked in that payroll cycle, whichever is
greater.
24.3 It is agreed that if the work schedule of a Fire Mid -Management employee is a 40 -hour week,
then all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather than a
56 -hour week.
24.4 In order to convert the hours for employees that move from a 40 hour work week to a 56 -hour
work week, the following formulas will be applied:
For conversion of Vacation:
From 40 to 56 hours ........ Multiply by 1.8
From 56 to 40 hours ........ Multiply by.555556
For conversion of Holiday and Sick Leave and Comp Tirne:
From 40 to 56 hours ........ Multiply by 1.5
From 56 to 40 hours ........ Multiply by.666667
ARTICLE XXV - PROBATION
25.1 Employees have a probationary period of one year. During probation, new hires have the same
rights and privileges as regular employees, except that:
• City and employee may mutually agree to an extension of the probationary period up to six
additional months.
• Termination cannot be grieved.
New hires and promotional appointments shall be eligible for a merit increase at the completion
of probation. An employee who has been promoted and rejected during the probationary
period from the position shall be entitled to the rights specified in Rules for Personnel
Administration, Article XI, Probationary Period, Section 11.04.
ARTICLE XXVI - PERSONAL LLABILITY
26.1 Employees shall be indemnified and held harmless by the City against all costs, legal expenses,
and liability arising out of decisions made in their capacity for the City of Lodi and/or from any
cause of action for property damage, or damages for personal injury, including death, sustained
by person(s) as a result of a decision made in their capacity, except that:
13
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
A. The Ciy is not required to but may provide for the defense of an action or proceeding
brought against an employee or former employee if the City determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, corruption, or actual malice; or
3. The defense of the action or proceeding by the City would create a conflict of interest
between the City and the employee or former employee.
B. The City is not required to but may pay any claim of judgment for punitive or
exemplary damages under the following circumstances:
1. The judgment is based on an act or omission of an employee or former employee
acting within the course and scope of their employment as an employee of the City.
2. At the time of the act giving rise to the liability, the employee or former employee acted,
or failed to act, in good faith, without actual malice and in the apparent best interests of
the City.
3. Payment of the claim ofludgment would be in the best interests of the City.
ARTICLE XXVH - GRIEVANCE PROCEDURE
27.1 Disputes involving the following subjects shall be determined by the Grievance Procedures
established herein:
A. Interpretation or application of any of the benefits listed herein.
B. Disputes as to whether a matter is proper subject for the Grievance Procedure.
C. Disputes which may be of a "class acfioW' nature filed on behalf of the employees or the
city.
27.2 Class action Grievances shall be submitted in writing to the City Manager or vice versa.
27.3 STEP ONE
Discussion between the employee and the immediate supervisor, who will answer within fifteen
work days. This step shall be taken within thirty days of the date of the action complained of,
or the date the grievant became aware of the incident which is the basis of the grievance.
27.4 STEP TWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion between the
employee, and the Department Head who shall answer within fifteen work days. This step shall
be taken within fifteen work days of the date of the immediate Supervisor's answer in Step
One.
14
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2004 2008
27.5 STEP TBREE
If a grievance is not resolved in Step Two, Step Tbree shall be the presentation of the grievance,
in wnting, by the employee to the City Manager, who shall answer, in wnting, within fifteen
work days of receipt of the grievance. The City Manager's decision shall be final and binding.
Step Tbree shall be taken within fifteen work days of the date of the answer in Step Two.
15
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@04 2008
27.6 STEP FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be requested
(and the City will enter into) by the Fire Mid- Management group, upon which they will incur any
costs associated therein.
ARTICLE XXV111 - DISCIPLINARY PROCEDURE
28.1 Basis: The City may discipline any employee in City service. Discipline may include discharge,
demotion, suspension, reduction in pay, or oral or written reprimand. Only regular employees
shall have the right to hearing and appeal as described in this section.
28.2 FLSA Fxempt Employees: With respect to employees in classification deemed exempt from
the overtime requirements of the Fair Labor Standards Act (FLSN) disciplinary suspensions
pursuant to this policy shall be administered in accordance with the salary basis tst under the
FLSA's governing regulations.
28.3 Cause: Causes for discipline of any regular employee may include, but shall not be limited to the
following:
A. Improper or unauthorized use or abuse of sick leave.
B. Excessive absenteeism that prevents reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work station; leaving
assigned work without authorization; failure to report to work after a leave of absence
has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of the personnel rules, resolutions, and/or other
related ordinances including written departmental rules, regulations, and policies.
E. Insubordination;
F. Acceptance of gifts or gmtuities in connection with or relating to the employee's duties.
G. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a verdict of
guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any
offense involving moral turpitude in deemed to be a conviction.
H. Fraud or the submission of false information related to employment application, payroll,
or any work-related record or report.
1. Soliciting outside work for personal gain during the conduct of City business;_engaging
in ottside employment for any business under contract with the City; or participating in
any outside employment that adversely affects the employee's City work performance;
or conducting personal business on City time.
J. Discourteous treatment of the public or Ciy employees or disorderly conduct on City
property or on City business including fighting, or using profanity, intimidation, abusive
or threatening language.
16
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
K. Conduct that interferes with the reasonable management, operation and discipline of the
City or my of its departments or divisions or failure to cooperate with superiors or
fellow employees.
L. Engaging in political activities while on duty, in uniform or using the authority associated
with City employment.
A Violation or neglect of safety rules or practices.
N. Behavior, either during or outside the duty hours, which is of such a nature that it causes
discredit to the City or one of its operating services.
0. Discrimination, including harassment, against other employees or members of the public
on the basis of race, color, national origin, religious creed, ancestry, sex, sexual
preference, marital status, age or physical handicap.
P. Inefficiency, incompetence, or negligence in the performance of duties, including failure
to perform or complete assigned tasks or training, in a prompt, competent, and
reasonable manner.
Q. Refusal or inability to improve job performance in accordance with written or verbal
direction after a reasonable trial period.
R- Refusal to accept and carry out reasonable and proper assignment from an authorized
supervisor.
S. Possession or use of controlled substances or alcohol on City property and/or at the
worksite.
T. Intoxication, intemperance, or incapacity due to the use of controlled substances or
alcohol while on duty.
U. Failure to obtain or maintain possession of the minimum qualifications for the position.
V. Careless, negligent, or improper use of City property, equipment or firrids, including
unauthorized removal, or use for private purpose, or use involving damage or
unreasonable risk of damage to property.
W. Unauthorized release or use of confidential information or official records.
X. Participation in an illegal strike, work stoppage, slowdown, or other job action against
the City.
Y. Inability to perform the duties of his/her job.
Z. Dishonesty.
AA. Possession of firearms on the job.
BB. Sleeping on the job.
CC. Theft.
DD. Retaliation for actions protected by law.
17
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
EE. Failure to report loss of or damage caused to City equipment and/or facilities for which
the employee was responsible.
FF. Threats of violence against City employees and/or City property.
28.4 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the
City department head for cause against any employee under his/her supervision. Disciplinary
actions in the form of termination or discharge shall be subject to final approval from the City
Manager.
28.5 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary
Action shall be prepared in writing by the department head proposing the discipline and shall be
served on the employee in person or by registered or certified mail. Notice shall be served
prior to the action becoming effective; however, where circumstances require immediate
removal of the employee from the workplace, notice shall be provided within two (2) working
days from the date the employee is removed from the workplace. Employees so removed shall
be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended
Disciplinary Action shall also be filed with the Human Resources Director. The written Notice
of Intended Disciplinary Action shall contain the following information:
I . The specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or cause(s) for the actions;
4. Notice that the employee may inspect copies of all materials upon which the action is based,
and
5. Notice that the employee has the right to respond orally or in writing within ten (10) days to
the department head initiating the disciplinary action. No hearing before the City Manager is
available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled to meet
in an informal conference with the department head and shall be given the opportunity to rebut
the charges against him/her or to state any mitigating circumstances. In the case of oral or
written reprimand, the department head's decision shall be final. In the case of discharge,
demotion, suspension, or reduction in pay, the department head or other City designee shall
hear and consider the facts presented by the employee and shall thereafter submit a written
recommendation to the City Manager to either impose, rescind or modify the proposed
disciplinary action. The recommended proposed disciplinary action shall also be served on the
employee. The recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cause(s) for the actions;
18
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
28.6 Final Notice of Disciplinary Action: Following review of the department head's
recommendation and the determination by the City Manager, the City Manager shall prepare a
Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective
date, and the employee's appeal rights.
1. Disciplinary action shall become effective on the date stated in the Final Notice of
Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the
Human Resources Director. The Final Notice of Disciplinary Action shall be delivered
personally to the employee or shall be sent by registered or certified mail.
28.7 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the
affected employee is not satisfied with the decision rendered by the City Manager, the employee
may appeal the decision. The employee may appeal disciplinary decisions by filing a written
appeal with the Human Resources Director within fifteen (15) work days following service of
the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the
charges against the employee and written request for an appeal hearing. The employee shall
submit a copy of the appeal to the City Manager.
28.8 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer
selected through the California State Mediation and Conciliation Services to hear the appeal and
submit an advisory decision to the Cit
y Manager. Selection of the hearing officer shall be made
by the parties' mutually selecting a list of 7 neutral hearing officers from the office of the
California State Mediation and Conciliation Services. Absent mutual agreement on a name on
the list, the parties will strike names from the list f)r final selection of the hearing officer. The
selected hearing officer shall adhere to the following standard of review and hearing procedures:
I . The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening and
closing statements, and file written closing briefs. Witriess testimony shall be under oath or
affirmation.
3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or
unduly repetitious -
4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer
to have a direct connection with the appeal. Witnesses normally would be present at the
hearing only while testifying and should be permitted to testify only in the presence of the
employee or his/her representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises.
19
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to
reviewing the factual basis supporting the discipline and determir�ing that the factual basis
was reached honestly, after a fair, appropriate and procedurally correct investigation and for
reasons that were not arbitrary, discriminatory or pretextual. Should the hearing officer,
conducting the review specified above, affirm the factual basis for the discipline decision,
he/she may not substitute his/her judgment for that of management's as to the level of
discipline imposed. Should the hearing officer not affirm the factual basis for the discipline,
the normal remedy will be to remand the matter to the decision level where the error
occurred for reevaluation and/or correction consistent with the hearing officer's findings. In
such a case, the hearing officer will have the authority to retain jurisdiction over the appeal
to ensure compliance with the remand decision.
7. The cost of the hearing officer shall be borne by the City. The parties will share equally the
cost of the court reporter and each side will bear their respective costs of representation.
28.9 Any decision of the City Manager shall be final and binding.
28.10 Judicial review of any decision rendered under this section shall be governed by Code of Civil
Procedure section 1094.5
Article XXtV —CITY RIGHTS
29.1 It is ftuther understood and agree between the parties that nothing contained in this statement of
benefits shall be construed to waive or reduce any rights of the City, which include but are not
limited to , the exclusive rights to:
Determine the mission of its constituent departments, commissions, and boards
Set standards of service
Determine the procedures and standards of selection for employment
Direct its employees
Maintain the efficiency of goverrimental operations
Determine the methods, means, and personnel by which government operations are
conducted
Take all necessary actions to carry out its mission in emergencies
Exercise complete control and discretion and the technology of performing its work.
City Rights also include the right to determine the procedures and standards of selection for
promotion, to relieve employees from duty because of lack of work or other legitimate reasons,
to make and enforce standards of conduct and discipline, and to determine the content of job
classifications.
20
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
ARTICLE XXX — DEPARTMENT SANCTIONED TEAMS
30.1 It is the intent of the City to develop specialized teams to address a variety of special hazards
and provide specialized services to the department or community. When a team is established,
minimum standards for inclusion and retention as a team member shall be developed and ratified
by the Fire Chief Any member of the department who becomes a member of a recognized
specialized team, shall receive a 2.5% salary increase for as long as he/she meets the minimum
entry level requirements and maintains a minimum level of participation as outlined in the team
membership requirements. Each employee of the department can only receive 2.5% of salary
for team membership, regardless of the number of teams the employee belongs to.
30.2 Existing members of the Hazardous Materials Team shall remain members of the team and shall
continue to receive the 2.5% salary increase. The three members of the department who meet
the minimurn requirements for inclusion on the Hazardous Material Team shall be able to join the
team and receive the 2.5% salary increase upon ratification of this contract. However, no
additional team members shall be assigned to the Hazardous Material Team until the
membership falls below 12 members. There shall be a six month period for the team to develop
acceptable performance standards for maintaining his/her membership on the team.
30.3 The development of new teams shall require the submittal of minimum entry level and
performance criteria for maintenance of membership to the Fire Chief prior to the development
of the team. The Fire Chief shall have the sole discretion as to the appropriate number of
members per specialized team. The department shall make every effort to develop a cadre of
specialized teams to adequately address the needs of its members.
21
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@04 2008
Schedule A
Salary effective pay period in which July 1, 240 2009 falls
Sft!aFy effeetive pay peAodinwhiehjaHffaFY 1, 2004 falls-
Step A
Step B
Step C
Step D
Step E
Fire Battalion Chief
$7,119.01
$7,474.96
$7,848.71
$8,241.14
$8,653.20
Fire Division Chief
$8,542.81
0 ff I RM,
$9,418.45
$9,889.37
$10,383.84
Sft!aFy effeetive pay peAodinwhiehjaHffaFY 1, 2004 falls-
Step A
Step B
Step C
Step D
Step E
Fire Battalion Chief
$7,119.01
$7,474.96
$7,848.71
$8,241.14
$8,653.20
Fire Division Chief
$8,542.81
$8,969.95
$9,418.45
$9,889.37
$10,383.84
Fire Division Chief (Shift)
$6,420.24
$6,741.25
$7,178.31
$7,432.23
$7,803.84
Sft!aFy effeetive pay peAodinwhiehjaHffaFY 1, 2004 falls-
22
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 212008
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1. 2@0; 2008
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25
RESOLUTION NO. 2008-183
A RESOLUTION OF THE LODI CITY
COUNCIL APPROVING AMENDMENT TO
THE FIRE MID-MANAGEMENTSTATEMEN-T
OF BENEFITS
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an amendment to the Fire Mid -Management Statement of Benefits to include
the following:
• Effective the first pay period, in which July 1, 2008, falls, represented employees
shall receive a 10.5% salary adjustment.
• Effective January 1, 2009, salaries will be adjusted by a minimum 3.5% and a
maximum of 5.0% based on the Consumer Price Index (CPI -W) for
San Francisco wage earners.
• Amend Performance Incentive Program to Additional Compensation/Loyalty
Incentive program.
• Amend appeal process for non -disciplinary actions to include mediation upon
which Fire Mid -Management will incur any costs associated therein.
Dated: September 3, 2008
I hereby certify that Resolution No. 2008-183 was passed and adopted by the
Lodi City Council in a regular meeting held September 3, 2008, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RA IJOHLL
City Clerk
2008-183
CITY OF LODI
FIRE MID -MANAGEMENT
STATEMENT OF BENEFITS
JULY 2008
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1,2008
TABLE OF CONTENTS
PAGE #
Article I
Salary
3
Article 11
Right of Return
3
Article III
Deferred Compensation
3
Article IV
Flexible Spending Account
3
Article V
Chiropractic
3
Article VI
Education Incentive
4
Article VII
Additional Compensation/ Loyalty Program 4
Article V111
Overtime
5
Article IX
Retirement
6
Article X
Vacation Leave
6
Article XI
Administrative Leave
7
Article XII
Holidays
7
Article XIII
Sick Leave
7
Article XIV
Sick Leave Conversion
7
Article XV
Survivors Benefits
9
Article XVI
Executive Physical Examinations
9
Article XVII
Medical Insurance
9
Article XVIII
Dental Insurance
10
Article XIX
Vision Insurance
10
Article X -X
LifeInsurance
10
Article XXI
Uniform Allowance
10
Article XXII
Leaves and Leaves of Absence
10
Article XXIII
Tuition Reimbursement
11
Article XXIV
56 -Hour Work Week
I I
Article XXV
Probation
12
Article XXVI
Personal Liability
12
Article XXV11
Grievance Procedure
13
Article XXVIII
Disciplinary Procedure
13
Article XXIX
City Rights
17
Article XXX
Department Sanctioned Teams
18
SCHEDULEA
Salary Schedule
19
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1.2008
FIRE MID -MANAGEMENT CLASSIFICATIONS
Fire Division Chief
Fire Battalion Chief
ARUCLE I - SALARY
1-1 Effective the pay period in which July 1, 2008 falls, represented employees will receive a
salary adjustment equal to 10.5%.
1.2 Effective the first pay period in which January 1, 2009 falls, represented employees will
receive a cost of living adjustment based upon the consumer price index (CPI -W), San
Francisco-Oakland-SanJose. The increase will be no less than 3.5% and no greater than
5% and calculated using the most recent twelve month average that is available and
issued by the Department of Labor.
1.3 The City of Lodi and the Fire Mid-Managernent group agree that the term of this
agreement is July 1,2008 to December 31,2009.
ARTICLE U - RIGHTOFRETURN
2.1 The City agrees that employees reserve the right to return and discuss with the City, at
any time, those issues pertaining to the terms and conditions established by Resolution
2003-132 approved by the City Council on July 16,2003.
ARTICLE III - DEFERRED COMPENSATION
3.1 Employees may participate in the City's Deferred Compensation Plan.
3.2 The City matches up to a maximum of 3.0% of base salary
ARTICLE IV - FLEXIBLE SPENDINGACCOUNT
4.1 Employees shall have the option of participating in the Flexible Spending Account
(Section 125 Plan). Employees may elect to participate in;
a) Premium Conversion
b) Nan -reimbursed Health Care
c) Dependent Care Reimbursement
4.2 Elections for the calendar year will be made each December, or if a change in family
status occurs. Money not used by the end of each calendar year will be forfeited by the
employee.
ARTICLE V - CHIROPRACTIC
5.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan. This benefit allows up to a maximum of 40 visits per
calendaryear. Co -payments for services are $10.00.
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1.2008
ARTICLE VI - EDUCATION INCENTIVE
6.1 Education incentives will be available to eligible employees for specified degrees,
certifications, and licenses.
6.2 Associate of A rts Degree - $50.00 per month if the :
a) AA Degree is in Fire Science of related field;
b) AA Degree is in a non -related field with a Fire Science Certificate from an accredited
institution.
c) Employee has AA Degree and is actively pursuing a Bachelor of Arts degree
Or:
Bachelor of Arts Degree - $ 100.00 per month.
If an employee possesses a BA degree, he/she will receive a maximum of $ 100.00 under
Section 6.2
6.3 Employees will receive education incentive pay for the following certifications:
Certified Chief Officer
Emergency Medical Technician
Certified Fire Officer
Certified Fire Investigator
Certified Fire Instructor
Certified Fire Prevention Officer
Certified Public Education Officer
Certified Fire Chief
$100.00permonth
$50.00 per month
$50.00 per month
$12.50 per month
$25.00 per month
$25.00 per month
$12.50 per month
$25.00 per month
6.4 Employees shall receive a maximum of $275.00 per month for education incentives.
However, an additional $25.00 per month may be earned if the employee possesses a
Hazardous Materials Specialist/Technician Certificate.
ARTICLE V11 - ADDITIONAL, COMPENSATION LOYALTY PROGRA
7.1 After completing ten years of service with the Lodi Fire Department, employees shall
receive an annual loyalty compensation amount of $1,500 in November of the year
following completion of ten years of service and each year thereafter until completing
twenty years of service with the Lodi Fire Department. Employees who have completed
twenty years of service with the Lodi Fire Department will receive an annual loyalty
compensation amount of $3,000 on November of the year following completion of
twenty full years of service and each year thereafter.
For the purposes of this article, all employees who as of October 3 1 " meet the service
level requirements (either ten full years or twenty full years from the first day of the
month in which they started their employment with the City of Lodi Fire Department)
shall receive the loyalty compensation associated with their years of service with the
Lodi Fire Department.
FTRE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1.2008
ARTICLE VIII - OVERTIME
8.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the
overtime requirements of the Fair Labor Standards Act (FLSA), the following special
provisions for the payment of overtime will apply. Employees shall be compensated for
overtime at the time and one-half rate for time worked due to emergencies. Overtime for Fire
non -shift employees is based on a 40 hour work week. Overtime for Fire shift employees is
based upon a 56 hour work week. Emergencies shall be determined by the appropriate
department head and include but are not limited to such events as:
Major storm damage requiring the dispatching of additional crews;
The necessity to cover scheduled shifts;
Direct supervision of crews assigned to work during normal days off to accommodate
the public:
Break down of equipment and/or systems requiring the presence of the mid -manager in
order to restore service.
8.2 Overtime pay shall not be paid for the following:
Staff meetings
Special projects
Conferences and seminars - except as noted below
Appearances before City Council and commissions,
Public informationpresentations,
Activities involved with the completion of normal activities or programs such as
budgets, inventory, annual financial closings, labor negotiations, and recreation
programs.
8.3 All overtime must be approved by the department head. Any deviations from these guidelines
must be approved in advance by the department head and the City Manager.
8.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for
compensatory time shall be one and one-half hours for each hour worked.
8.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the
books at any time.
8.6 Upon separation, the employee will be paid at the employee's current hourly rate or the
average of the last three years, whichever is higher for the remaining compensatory balance.
8.7 Upon promotion into a Mid -Management position only previously accrued compensatory time
must be paid or used prior to the promotion.
8.8 Fire Division Chief is considered an exempt classification not subject to any of the exceptions
for overtime specified in this section. However, for the purposes of and in recognition of San
Joaquin County Strike Team Agreements, Division Chiefs and Battalion Chiefs will be
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1.2008
allowed to participate in Strike Team Operations and be eligible for overtime as provided for in
said agreements.
ARTICLE IX - RETIREMENT
9.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits.
Safety 3% @ 50 plan 1957 Survivors Benefit d
1959 Survivors Benefit -3 Level
Employee's 9% paid by City
Credit for Unused Sick Leave
Military Service Credit as Public Service
Single Highest Year
ARTICLE X - VACATION LEAVE
10. 1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Forty Hour Work Week;
BeRlnnin2 with:
Date of Hire:
6th year
12thyear
15thyear
2 Ist year
22nd year
23rd year
24th year
25th year
3.08 hours per pay period
4.62 hours per pay period
5.23 hours per pay period
6.16 hours per pay period
6.47 hours per pay period
6.78 hours per pay period
7.09 hours per pay period
7.40 hours per pay period
7.71 hours per pay period
Shift (56 hour work week) Employees:
Be2inning with:
Date of Hire: 5.54 hours per pay period
6th year 8.31 hours per pay period
15thyear 11. 0 8 hours per pay period
25" year/above 13.85 hours per pay period
(10 days per year)
(15 days per year)
(17 days per year)
(20 days per year)
(21 days per year)
(22 days per year)
(23 days per year)
(24 days per year)
(25 days per year)
10.2 Vacation leave shall be used in increments of not less than quarter hours. Vacation may
not be carried over to the subsequent year in excess of the amount earned in a calendar
year unless authorized by the City Manager.
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1.2008
ARTICLE XI - ADMINISTRATIVELEAVE
11.1 Employees will be given 80 hours of administrative leave (or 120 hours for shift
personnel) per calendar year. Leave shall be taken in increments of not less than quarter
hours. Balances must be used prior to December 30 or they will be lost.
11.2 New employees or employees becoming eligible due to a promotion receive
administrative leave on a prorated basis. Non -shift employees will be granted eight hours
leave for each full calendar month remaining in the calendar year with a maximum of 80
hours. Shift employees will be granted twelve hours leave for each full calendar month
remaining in the calendar year with a maximum of 120 hours.
11. 3 Employees separating mid -year will receive a cash pay out for unused Administrative
Leave on a prorated basis in accordance with 10.2.
11.4 Employees are eligible to cash out up to half of their current Administrative Leave
balance in any calendar year except in the months of May and June. A request to cash
out Administrative Leave must be in writing and submitted to the Finance Department.
ARTICLE XII - HOLIDAYS
12.1 Effective January 2004, employees shall receive either 108 hours (non -shift) or 156
hours of holiday leave to compensate for the addition of Martin Luther King, Jr. birthday
as a fixed holiday.
12.2 Holiday hours shall betaken in increments of not less than quarter hours and may not be
carried into the following calendar year. Each year, the pay period in which December I
falls, employees will be paid for the unused holidays at the straight -time rate as of
December 3 1 of the year in which the holidays were earned.
ARTICLE XIII - SICKLEAVE
13.1 Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40
hour work week and 5.54 hours for shift (56 hour work week) employees. There is no
limit on the amount that can be accumulated. Total sick leave accrued is 12 days per
year. Sick leave shall be taken in increments of not less than quarter hours.
ARTICLE XIV - SICK LEAVE CONVERSION
14.1 Employees hired prior to July 1, 1994, after 10 years with the City and only upon
retirement, may convert their accumulated sick leave time to medical insurance
premiums or cash under the following options:
OPTION# I - "Bank"
The number of accumulated hours shall be reduced by 16-2/3% and the remaining
balance converted into days. The days are then multiplied by the current monthly
premium being paid for the employee and, if applicable, his/her dependents. Fifty
percent of that dollar amount will be placed into a "bank" to be used for medical
insurance premiums for the employee, and if applicable, his/hor dependents. For each
year of employment over 10 years, 2.5% will be added to the 50% used in determining
VA
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1.2008
"bank" amount. Total premiums shall be paid from the Bank until its depletion, at which
time the conversion benefit stops.
Employees may also use their banks money to purchase Dental and/or Vision Insurance
at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days.
The City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
prernium paid by the City at the time of retirement. Any differences created by an
increase in premiums must be paid for by the employee.
OPTION #3 - "Cash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at
the rate of 30% of base pay per hour.
OPTION #4 — "Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for
CalPERS retirement purposes.
14.2 Employees hired after July 1, 1994 will not have the option of converting unused sick
leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The
only option available to these employees is OPTION #4 "PERS CREDIT". If an
individual previously qualified for the sick leave conversion option while in the United
Professional Firefighters unit, they will retain their eligibility if promoted to Fire Mid -
Management with an effective date of December 6, 1995.
14.3 In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversion program (10 years) the surviving dependents have an interest in
one-half (1 /2) the value of the bank as calculated in section 13. 1.
14.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave
Conversion program to purchase medical insurance at the employee only premium for the
same period as if the retiree had not died.
14.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the
option of purchasing at the prevailing rate additional medical insurance for an unlimited
amount of time.
14.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 13. 1; Option 42.
14.7 Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirement the employee may re -enroll as an individual into
the health plan in order to take advantage of the Sick Leave Conversion program.
FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1.2008
14.8 A retiree or surviving dependent may purchase dental and vision insurance at the City
group rate through the Sick Leave Conversion Bank option.
ARTICLE XV - SURVIVORS BENEFITS
15.1 The City shall pay 100% of premiums for health and dental benefits described in this
MOU for the Surviving spouse and any minor children of any member of the Fire Mid -
Management group who is killed or dies during the performance of official duties.
Premiums will be paid at the current rate in effect at the time of the member's death.
Premiums will continue to be paid by the City until such time such time as the surviving
spouse is covered by other insurance or re�marries, and for dependent children of the
member kill ed in the line of duty until such time as either:
1. the children become adults, or
2. the children are covered under other alternative medical coverage provided by and
through the surviving spouse or the person who he/she. remarries.
ARTICLE XVI - EXECUTIVE PHYSICAL EXAMINATION
16.1 Employees may elect to receive an executive physical examination in accordance with
the provisions of the City's medical insurance plan to include any and all of the, following
procedures as applicable and as deemed necessary by the employee'sphysician:
• A complete office examination An executive blood panel
• Urinalysis Marnmogram
• Pap smear Chest X-ray
• EKG (resting)
16.2 Employees shall be reimbursed for costs not covered by the medical insurance for the
procedures referenced in 14.1 only. Any additional testsjudged necessary shall be the
responsibility of the employee. Employees must submit all related receipts, attached to a
claim voucher, to the Finance Department for reimbursement.
ARTICLE XV11 - MEDICAL INSURANCE
17.1 All employees are offered medical insurance for themselves and dependents through Cal
PERS-Medical Plans. City shall pay I 00%premium for employee only up to the highest
HMO available in our geographical area. Effective as soon as administratively possible,
employees will be responsible for a share of cost of their medical premiums as follows:
a) Employees with no dependents - $0.00 monthly, b) Employees with one dependent -
$80.00 monthly, c) Employees with more than one dependent - $104.00 monthly.
Employees selecting a PPO or other available plan shall also be responsible for the
difference in cost between the highest HMO and the selected plan, in addition to the
specified employee share of cost.. Should an employee decide to elect single medical
coverage, the City of Lodi will deposit $25.00 per pay period into the employees deferred
compensation account. If no coverage is elected $71.15 per pay period will be deposited
into the employees deferred compensation account.
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1,200
17.2 Only one City of Lodi employee may carry dependent coverage for another City
employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by
the City of Lodi on a quarterly basis.
ARTICLE XVIII - DENTAL INSURANCE
18.1 Employees are provided fully paid family dental insurance.
18.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendaryear. There is a $25 deductibleplus co-insurance features.
ARTICLE XIX - VISIONINSURANCE
19.1 Employees are provided with family vision care insurance through Vision Service Plan
Services and amount of coverage are outlined in the VSP Summary of Benefits.
ARTICLE XX - LIFEINSURANCE
20.1 Employees are provided with term life and accidental death1dismemberment insurance at
a benefit rate of $17,000. This benefit decreases after age 70 on a sliding scale,
depending on age.
20.2 Employees are provided with $100,000 of accident insurance while traveling on City
business outside the City limits. Spouses are only covered while accompanying the City
employee on City business, or while conducting business on behalf of the City.
20.3 Employees are also provided with a $25,000 accidental death policy in the event of death
resulting from a line -of -duty injury.
ARTICLEXXI- UNIFORM ALLOWANCE
21 1 The uniform allo�vancc shall be S800.00 t)er year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
ARTICLE XXII - LEAVES AND LEAVES OF ABSENCE
22,1 Employees shall receive all leaves and leaves of absence in accordance with Federal and
State mandates and City policies.
22.2 Family Medical Leave
a) Family Medical Leave is available to employees upon reasonable request unless such
request qualifies and an exception to eligibility for family medical leave, or that
granting the leave would cause undue hardship.
b) Family Medical Leave is leave of absence up to a total of four (4) months from the
date leave commenced within a 12 -month period for the following reasons:
1) Birth o f a child of the employee and in order to care for such child or the
placement of a child with an employee in connection with the adoption or foster
care of child by an employee (such leave must be taken within the 12 -month
period following the child's birth or placement with employee); or
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS JULY 1.2008
2) To care for a child, parent or spouse of the employee who has a serious health
condition; or
3) Because of a serious health condition that makes the employee unable to
perform the functions of hisiher position.
c) The terms and conditions for leaves of absence without pay pertaining to the medical
benefits are applicable to Family Medical Leave in accordance with the City of Lodi
Administrative Policy and Procedure.
ARTICLE XXIII - TUITION REIMBURSEMENT
23.1 Employees shall receive the following:
1) Tuition costs, up to a maximum of $1,804 per fiscal year, to be paid upon the
satisfactory completion of course work.
2) The full cost of books required for courses taken
The maximum amount reimbursed is based on fees for two courses of study at California
State University Sacramento. This maximum amount will be updated annually. A fiscal
year is the period between July I and June 30. The final date of class shall determine the
fiscal year in which that course falls.
This section will be applied toward registration fees at an accredited College or
University. Course work must be part of a program of study toward obtaining an
Associate of Arts, Bachelors, or any higher degree.
ARTICLE XXIV - 56-HOURWORKWEEK
24.1 The work schedule will be a schedule of "56 hours ver week" with three on -duty shifts in
nine 24-hour periods. For purposes of the FLSA, it is mutually understood the City has
declared a 27 day work cycle.
24.2 If an employee assigned to a 56 -hour work week schedule terminates his/her employment
in the middle of a two week payroll cycle, the employee's pay for that cycle shall be
computed by multiplying the number of days between the first day of the payroll cycle
and the last shift worked by eight (8) hours or the number of actually worked in that
payroll cycle, whichever is greater.
24.3 It is agreed that if the work schedule of a Fire Mid -Management employee is a 40 -hour
week, then all holiday, vacation, and sick leave benefits are based on a 40 -hour week
rather than a 56 -hour week.
24.4 In order to convert the hours for employees that move from a 40 hour work week to a 56 -
hour work week, the following formulas will be applied:
For conversion of Vacation:
From 40 to 56 hours.. .....Multiply by 1.8
From 56 to 40 hours.. Multiply by 555556
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FERE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1, 2008
For conversion of Holiday and Sick Leave and Comp Time:
From 40 to 5 6 hours.. ......Multiply by 1 - 5
From 56 to 40 hours ....... Multiply by .6 6 6 6 6 7
ARTICLE XXV - PROBATION
25.1 Employees have a probationary period of one year. During probation, new hires have the
same rights and privileges as regular employees, except that:
• City and employee may mutually agree to an extension of the probationary period up
to six additional months.
• Termination cannot be grieved.
New hires and promotional appointments shall be eligible for a merit increase at the
completion of probation. An employee who has been promoted and rejected during the
probationary period from the position shall be entitled to the rights specified in Rules for
Personnel Administration, Article XI, Probationary Period, Section 11.04.
ARTICLE XXVI - PERSONAL LIABILITY
26.1 Employees shall be indemnified and held harmless by the City against all costs, legal
expenses, and liability arising out of decisions made in their capacity for the City of Lodi
and/or from any cause of action for property damage, or damages for personal injury,
including death, sustained by person(s) as a result of a decision made in their capacity,
except that:
A. The City is not required to but may provide for the defense of an action or proceeding
brought against an employee or former employee if the City determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, corruption, or actual malice; or
3. The defense of the action or proceeding by the City would create a conflict of
interest between the City and the employee or former employee.
B. The City is not required to but may pay any claim of judgment for punitive or
exemplary damages under the following circumstances:
The judgment is based on an act or omission of an employee or former
employee acting within the course and scope of their employment as an
employee of the City.
2. At the time of the act giving rise to the liability, the employee or former employee
acted, or failed to act, in good faith, without actual malice and in the apparent best
interests of the City.
3. Payment of the claim ofJudgment would be in the best interests of the City.
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FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1.2008
ARTICLE XXVII - GRIEVANCE PROCEDURE
27.1 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
A. Interpretation or application of any of the benefits listed herein.
B. Disputes as to whether a matter is proper subj eet for the Grievance Procedure
C. Disputes which may he of a "class action" nature filed on behalf of the employees
or the City.
21.2 Class action Grievances shall be submitted in writing to the City Manager or vice versa.
21.3 STEP ONE
Discussion between the employee and the immediate supervisor, who will answer within
fifteen work days. This step shall be taken within thirty days of the date of the action
complained of, or the date the grievant became aware of the incident which is the basis of
the grievance.
21.4 STEP TWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion
between the employee, and the Department Head who shall answer within fifteen work
days. This step shall be taken within fifteen work days of the date of the immediate
Supervisor's answer in Step One.
21.5 STEP THREE
If a grievance is not resolved in Step Two, Step Three shall he the presentation of the
grievance, in writing, by the employee to the City Manager, who shall answer, in writing,
within fifteen work days of receipt of the grievance. The City Manager's decision shall
he final and binding. Step Three shall be taken within fifteen work days of the date of the
answer in Step Two.
21.6 STEP FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be
requested (and the City will enter into) by the Fire Mid -Management group, upon which
they will incur any costs associated therein.
ARTICLE XXVIII - DISCIPLINARY PROCEDURE
28.1 Basis: The City may discipline any employee in City service. Discipline may include
discharge, demotion, suspension, reduction in pay, or oral or written reprimand. Only
regular employees shall have the right to hearing and appeal as described in this section.
28.2 FLSA Exempt Employees: With respect to employees in classification deemed exempt
from the overtime requirements of the Fair Labor Standards Act ("FLSA") disciplinary
suspensions pursuant to this policy shall be administered in accordance with the salary
basis test under the FLS A's governing regulations.
13
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1, 2008.
28.3 Cause: Causes for discipline of any regular employee may include, but shall not be
limited to the following:
A. improper or unauthorized use or abuse of sick leave
B. Excessive absenteeismthat prevents reasonable availability for assigned duties.
C. Absence without authorized leave; repeated tardiness to assigned work station;
leaving assigned work without authorization; failure to report to work after a
leave of absence has expired, or after a leave has been disapproved or revoked.
D. Misconduct; willful or negligent violation of the personnel rules, resolutions,
and/or other related ordinances including written departmental rules, regulations,
and policies.
E. Insubordination;
F. Acceptance of gifts or gratuities in connection with or relating to the employee's
duties.
G. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a
verdict of guilty, or a conviction following a plea of nolo contendere, to a charge
of a felony or any offense involving moral turpitude in deemed to be a conviction.
H . Fraud or the submission of false information related to employment application,
payroll, or any work-related record or report.
Soliciting outside work for personal gain during the conduct of City business;
engaging in outside employment for any business under contract with the City; or
participating in any outside employment that adversely affects the employee's
City work performance; or conducting personal business on City time.
Discourteous treatment of the public or City employees or disorderly conduct on
City property or on City business including fighting, or using profanity,
intimidation, abusive or threatening language.
K. Conduct that interferes Tk� the reasonable management, operation and discipline
of the City or any of its departments or divisions or failure to cooperate with
superiors or fellow employees.
L. Engaging in political activities while on duty, in uniform or using the authority
associated with City employment.
M Violation or neglect of safety rules or practices.
N. Behavior, either during or outside the duty hours, which is of such a nature that it
causes discredit to the City or one of its operating services.
0. Discrimination, including harassment, against other employees or members of the
public on the basis of race, color, national origin, religious creed, anoestry, sex,
sexual preference, marital status, age or physical handicap.
P. Inefficiency, incompetence, or negligence in the performance of duties, including
failure to perform or complete assigned tasks or training, in a prompt, competent,
and reasonable manner.
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FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1.2008
Q. Refusal or inability to improve job performance in accordance with written or
verbal direction after a reasonable trial period.
R. Refusal to accept and cany out reasonable and proper assignment from an
authorized supervisor.
S. Possession or use of controlled substances or alcohol on City properly and/or at
the worksite.
T. Intoxication, intemperance, or incapacity due to the use of controlled substances
or alcohol while on duty.
U. Failure to obtain or maintain possession of the minimum qualifications for the
position.
V. Careless, negligent, or improper use of City properly, equipment or funds,
including unauthorized removal, or use for private purpose, or use involving
damage or unreasonable risk of damage to property.
W. Unauthorized release or use of confidential information or official records
X. Participation in an illegal strike, work stoppage, slowdown, or other job action
against the City.
Y. Inability to perform the duties of his/her job.
Z. Dishonesty
AA. Possession of firearms on the job.
BB. Sleeping on thej ob.
CC. Theft.
DD. Retaliation for actions protected by law.
EE. Failure to report loss of or damage caused to City equipment and/or facilities for
which the employee was responsible.
FF. Threats of violence against City employees and/or City property.
28.4 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated
by the City department head for cause against any employee under his/her supervision.
Disciplinary actions in the form of termination or discharge shall be subject to final
approval from the City Manager.
28.5 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary
Action shall be prepared in writing by the department head proposing the discipline and
shall be served on the employee in person or by registered or certified mail. Notice shall
be served prior to the action becoming effective; however, where circumstances require
immediate removal of the employee from the workplace, notice shall be provided within
two (2) working days from the date the employee is removed from the workplace.
Employees so removed shall be placed on paid leave pending imposition of discipline. A
copy of the Notice of Intended Disciplinary Action shall also be filed with the Human
Resources Director. The written Notice of Intended Disciplinary Action shall contain the
following information:
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FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS
1. The specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or cause(s) for the actions;
4. Notice that the employee may inspect copies of all materials upon which the action is
based,and
5. Notice that the employee has the right to respond orally or in writing within ten (10)
days to the department head initiating the disciplinary action. No hearing before the
City Manager is available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled
to meet in an infortnal conference with the department head and shall be given the
opportunity to rebut the charges against him/her or to state any mitigating circumstances.
In the case of oral or written reprimand, the department head's decision shall be final. In
the case of discharge, demotion, suspension, or reduction in pay, the department head or
other City designee shall hear and consider the facts presented by the employee and shall
thereafter submit a written recommendation to the City Manager to either impose, rescind
or modify the proposed disciplinary action. The recommended proposed disciplinary
action shall also be served on the employee. The recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cau se(s) for the actions;
28.6 Final Notice of Disciplinary Action: Following review of the department head's
recommendation and the determination by the City Manager, the City Manager shall
prepare a Final Notice of Disciplinary Action, advising the employee of the action to be
taken, its effective date, and the employee's appeal rights.
Disciplinary action shall become effective on the date stated in the Final Notice of
Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with
the Human Resources Director. The Final Notice of Disciplinary Action shall be
delivered personally to the employee or shall be sent by registered or certified mail.
28.7 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and
the affected employee is not satisfied with the decision rendered by the City Manager, the
employee may appeal the decision. The employee may appeal disciplinary decisions by
filing a written appeal with the Human Resources Director within fifteen (15) work days
following service of the Final Notice of Disciplinary Action. The written appeal shall
contain a written reply to the charges against the employee and written request for an
appeal hearing. The employee shall submit a copy of the appeal to the City Manager.
28.8 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer
selected through the California State Mediation and Conciliation Services to hear the
appeal and submit an advisory decision to the City Manager. Selection of the hearing
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FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1,2008
officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers
from the office of the California State Mediation and Conciliation Services. Absent
mutual agreement on a name on the list, the parties will strike names from the list for
final selection of the hearing officer. The selected hearing officer shall adhere to the
following standard of review and hearing procedures:
1. The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening
and closing statements, and file written closing briefs. Witness testimony shall be
under oath or affirmation.
3. The hearing officer may exclude testimony or evidence which he/she, determines
irrelevant or unduly repetitious.
4. Attendance at the appeal hearing shall be limited to those determined by the hearing
officer to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to testify only in
the presence of the employee or his/her representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises
6. In conducting the appeal, the hearing officer's authonty/junisdiction shall be limited
to reviewing the factual basis supporting the discipline and determining that the
factual basis was reached honestly, after a fair, appropriate and prooedurally correct
investigation and for reasons that were not arbitrary, discriminatory or pretextual.
Should the hearing officer, conducting the review specified above, affirm the factual
basis for the discipline decision, he/she, may not substitute his/her judgment for that
of management's as to the level of discipline imposed. Should the hearing officer not
affirm the factual basis for the discipline, the normal remedy will be to remand the
matter to the decision level where the error occurred for reevaluation and/or
correction consistent with the hearing officer's findings. In such a case, the hearing
officer will have the authority to retain jurisdiction over the appeal to ensure
compliance with the remand decision.
7. The cost of the hearing officer shall be bome by the City. The parties will share
equally the cost of the court reporter and each side will bear their respective costs of
representation.
28.9 Any decision of the City Manager shall be final and binding
28.10 Judicial review of any decision rendered under this section shall be governed by Code of
Civil Procedure section 1094.5
Article YOXIV -CITY RIGHTS
29.1 It is further understood and agree between the parties that nothing contained in this
statement of benefits shall be construed to waive or reduce any rights of the City, which
include but are not limited to, the exclusive rights to:
Determine the mission of its constituent departments, commissions, and boards
Set standards of service
17
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS JULY 1.2008
• Determine the procedures and standards of selection for employment
• Direct its employees
Maintain the efficiency of governmental operations
Determine the methods, means, and personnel by which government operations
are conducted
Take all necessary actions to carry out its mission in emergencies
Exercise complete control and discretion and the technology of performing its
work.
City Rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees ftorn duty because of lack of work or other
legitimate reasons, to make and enforce standards of conduct and discipline, and to
determine the content ofj ob classifications.
ARTICLE XXX —DEPARTMENT SANCTIONED TEAMS
30.1 It is the intent of the City to develop specialized teams to address a variety of special
hazards and provide specialized services to the department or community. When a team
is established, minimum standards for inclusion and retention as a team member shall be
developed and ratified by the Fire Chief. Any member of the department who becomes a
member of a recognized specialized team, shall receive a 2.5% salary increase for as long
as he/shf, meets the minitnurn entry level requirements and maintains a minimum level of
participation as outlined in the team membership requirements. Each employee of the
department can only receive 2.5% of salary for team membership, regardless of the
number of teams the employee belongs to.
30.2 Existing members of the Hazardous Materials Team shall remain members of the team
and shall continue to receive the 2.5% salary increase. The three members of the
department who meet the minimum requirements for inclusion on the Hazardous Material
Team shall be able to join the team and receive the 2.5% salary increase upon ratification
of this contract. However, no additional team members shall be assigned to the
Hazardous Material Team until the membership falls below 12 members. There shall be
a six month period for the team to develop acceptable performance standards for
maintaining his/her membership on the team.
30.3 The development of new teams shall require the submittal of minimum entry level and
performance criteria for maintenance of membership to the Fire Chief prior to the
development of the team. The Fire Chief shall have the sole discretion as to the
appropriate number of members per specialized team. The department shall make every
effort to develop a cadre of specialized teams to adequately address the needs of its
members.
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FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS JULY 1.2008
Schedule A
Salary effective pay period in which July 1,2008 falls
Step A
Step B
Step C
Step D
Step E
Fire Battalion Chief $7,119.01
$7,474.96
$7,848.71
$8,241.14
$8,653.20
Fire Division Chief $8,542.81
$8,969.95
$9,418.45
$9,889.37
$10,383.84
FW D I*VI§ Im Oid (Shift) K420.24 1
$6,741.25
$7,178.31
$7,432.23
$7,803,04 1
19