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Home My WebLink AboutAgenda Report - April 18, 2012 C-16AGENDA ITEM C40 RAV CITY OF LODI M. ,v. COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Approving Lodi Professional Firefighters Memorandum of Understanding for the period January 1, 2012 through November 30,2013 MEETING DATE: April 18,2012 PREPARED BY: Human Resources Manager Deputy City Attorney RECOMMENDED ACTION: Adopt Resolution approving Memorandum of Understanding through November 30, 2013. Lodi Professional Firefighters for the period January 1, 2012 BACKGROUND INFORMATION: The Memorandum of Understanding between the City of Lodi and the Lodi Professional Firefighters (LPF) expired on December 31, 2011. The principle components of the Memorandum cf Understanding (as included in the attached tentative agreement, Exhibit A) are as follows: • The terms and conditions of this statement of benefits shall be from January 1, 2012 through November 30,2013. • Beginning July 1, 2012 through December 31, 2013 employees agree to pay 5.3 percent share of their retirement costs. Beginning January 1, 2014 employees agree to pay the full 9 percent retirement costs. • The LPF and the City agree to cap employees City paid medical insurance at the following rates effective January 1, 2013: single - $610.44, employee plus one - $1220.88, employee plus family - $1587.14. • The City will eliminate the employee co -pay for medical insurance (currently $80 and $104 for employee + 1 and family coverage, respectively). • The Lodi Professional Firefighters group and the City agree to reopen the MOU to negotiate a Cafeteria Plan. • The Emergency Medical Technician incentive shall be incorporated into salary and the incentive shall be eliminated. • The City agrees to increase the uniform allowance from $800 per year to $950 per year. • The City will restore the 3 percent City match to Deferred Compensation effective June 25,2012. FISCAL IMPACT: It is estimated that the provisionsof this Memorandum of Understanding will save the City $407,000 over the term of the agreement. APPROVED: I -Al Konradt Bartlam, City Manager FUNDING AVAILABLE: Necessary funding will be included in each fiscal year budget. Jordan vers, Deputy City Man per/Interna! Services Director Dean�ualco, FNlum n esources IV�ana e Dean ualco, um n esources anagger Attachments MEMORANDUM OF UNDERSTANDING CITY OF LODI AND LODI PROFESSIONAL FIREFIGHTERS january 1 2012 — November 30 2013 TABLE OF CONTENTS Deleted: July 1, 2007 — December 31, 2009¶ OU — CITY OF LODI AND LPF CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV CHAPTER 2 — LEAVES Article XV Article XVI Article XVII Article XVIII Article XIX Above Class Pay Department Sanctioned Teams Education Incentives Flexible Spending Account Jury Duty Merit Increases Overtime Salary Tuition Reimbursement Deferred Compensation Uniform Allowance Workers' Compensation Bilingual Pay ,Longevity Pay 9 2a g Deleted: 07 Formatted: Font: (Default) Arial PAGE #\ Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 4 4 5 6 6 7 7 8 8 9 9 9 9 Catastrophes Leavc 12 Holidays 12 Leaves of Absence 13 Sick Leave 14 Vacation 14 CHAPTER 3 — INSURANCE AND RETIREMENT Article XX Chiropractic Insurance 15 Article XXI Dental Insurance 15 Article XXII Medical Insurance 15 Article XXIII Retirement Plan 15 Article XXIV Sick Leave Conversion 16 Article XXV Vision Care 17 CHAPTER 4 — SAFETY Article XXVI Safety Committee 18 CHAPTER 5 — Work Hours, Schedules, Meals 2 Deleted: Performance Incentive Bonus Deleted: Deleted: e Deleted: Bank OU — CITY OF LODI AND LPF Article XXVII 56 -Hour Work Week Article XXVIII Shift Trades CHAPTER 6 — ASSOCIATION / CITY ISSUES Article XXIX Alcohol, Smoking, and Drugs Article XXX City Rights Article XXXI Complete Agreement Article XXXII Concerted Activities Article XXXIII Employee Representation Article XXXIV Grievance Procedure Article XXXV Layoff Procedure Article XXXVI Physical Fitness Article XXXVII Probation Article XXXVIII Severability Article XXXIX Miscellaneous Schedule A — Salmi Schedule Effective _4/18/2012 �a g Deleted: 07 —�� Formatted: Font: (Default) Arial 18 Deleted: 09 19 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 19 20 21 21 21 23 27 27 29 29 29 Deleted: Attachment 1 —Side Letter¶ Deleted: 7/1/07 & 1/1/08 OU — CITY OF LODI AND LPF Chapter 1. Salaries and Other Compensation \ ARTICLE I - ABOVE CLASS PAY 1.1 All employees in this bargaining unit who are required to work in a higher class shall be paid an additional 5% of the employee's salary for all hours once 12 consecutive hours have been worked. ARTICLE II — DEPARTMENT SANCTIONED TEAMS 2.1 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 the 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. 2.2 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. ARTICLE III - EDUCATION INCENTIVE 3.1 An incentive program shall be established with the major purpose being to encourage and reward members of the LPF to broaden their on-the-job experience with academic training in the fields of science, management and administration. 3.2 Employees who meet the following criteria are eligible for education incentive pay. A. Employees holding an Associate of Arts shall receive $25.00 per month if the: AA is in Fire Science or related field or; AA is in a non -related field with a Fire Science Certificate from an accredited institution or; Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: City of Lodi¶ And¶ Lodi Professional Firefighters Deleted: July 1, 2007 — December 31, 2009¶ Formatted: Font: (Default) Times New Roman Formatted: Font: 12 pt fR,rnan ormatted: Font: Times New , 12 pt OU — CITY OF LODI AND LPF 2K 2 1a 3 ^' Deleted: 07 Formatted: Font: (Default) Arial 3. The employee possesses an AA degree and is actively pursuing a\ Deleted:09 baccalaureate degree. Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial B. Employees possessing a BA or BS degree shall receive an additional $25.00 per month. If an employee possesses a BA degree, it is assumed that an AA is also possessed. The incentives in Section 3.2A and Section 3.2B are limited to employees Formatted: Indent: Left: 1" hired prior to April 18, 2012. C. The following increments shall be added to the Education Incentive Program. It is agreed that the following amounts shall be paid if the individual has completed the necessary course work. 0 gertified Fire Officer -------------------------------------- ----------$50.00 per month Deleted: -#-EMT-------------------------- 0 Certified Chief Officer ------------------------------------ ----------$50.00 per month -------------3% of 0 Certified Fire Investigator- Level 2 -------------------------------- $12.50 per month base salary per month¶ 0 Certified Fire Instructor Level 3 and Mgmt 2.E ------------------ $25.00 per month 0 Certified Fire Prevention Officer Level 3 and Mgmt 2.E ------- $25.00 per month 0 Certified Public Education Officer Level 2 ---------------------- $12.50 per month 0 Certified Fire Chief --------------------------------------------------- $25.00 per month The maximum amount to be paid under this program is $175.00 per month. Deleted: EMT pay is excluded from the $175.00 per month cap. 3.3 In addition to the amounts specified in Section 3.2, an additional $25.00 per month shall be paid if the employee possesses a Hazardous Materials Specialist/ Technician certificate. L4.PersonsRossessinthe aforementioned requirements shall not receive the incentive pa� Deleted: 3.a until such time as evidence of completion is produced. If they do possess the Formatted: Bullets and Numbering requirements on that date, but do not have evidence of completion, pay shall be made retroactively. Deleted: <#>¶ L ARTICLE IV — FLEXIBLE SPENDING ACCOUNT Deleted: <#>The incentives in this 4.1 The City shall include members of the LPF in the City's flexible spending account Article are limited to employees hired prior to April 18, 2012.1 program, which allows employees to pay for unreimbursed medical costs, Formatted: Font: 12 pt insurance premiums, and dependent care costs to be paid with pretax dollars. Formatted: Font: 12 pt ARTICLE V - JURY DUTY 5.1 All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to attend any court during the time regularly required for his employment for the purpose of jury service shall be entitled, while so engaged and actually serving, to his regular compensation in addition to any jury duty compensation. OU — CITY OF LODI AND LPF 5.2 No employee shall be granted jury duty leave with pay in which such employee will be testifying in behalf of oneself or as a witness in a court of law. 5.3 An employee serving on jury duty, who is not required to be in attendance at such jury duty for more than one half of the employee's normal working day is expected to return to his regular work assignment for the balance of the day. An employee seated on a jury shall not be scheduled for regular work during the twelve hours preceding the scheduled time for jury duty. 5.4 If an employee covered by this Agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee shall receive his full pay while so doing, with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one-half times his/her regular rate of pay, for the time spent in any appearance as required by this Article. The employee shall demand a witness fee and shall reimburse same to the City. As a prerequisite for payment to off-duty employees, the Fire Chief or his designee must be notified in writing of the off-duty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance. The employee shall demand a witness fee and shall reimburse the same to the City. 5.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave. Formatted: Font: 12 pt Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial ARTICLE VI — MERIT INCREASES 6.1 Merit increases shall not exceed the next step of the salary range for the position's classification. Formatted: Font: 12 pt ARTICLE VII - OVERTIME 7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the rate of one and one-half times the then regular rate of the employee. Overtime work shall be required of any employee to meet special or unusual needs of service beneficial to the City and community. All overtime work requires the prior approval of a supervisor. No employee on disciplinary or medical leave shall be eligible to work overtime. 7.2 Employees working overtime shall be paid in increments of 15 minutes. Time within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting back to the preceding increment and 8-15 minutes adjusting forward to the next increment. Therefore, overtime shall be compensated in increments of 15 minutes at a rate of time and one-half. 7.3 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. OU — CITY OF LODI AND LPF 7.4 No more than one hundred forty-four (144) hours of compensatory time shall be carried on the books at any time. 7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October. 7.6 Upon separation, the employee shall 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. 7.7 Early call in or shift holdovers shall be compensated at the time and one-half rate. 7.8 Employees called to work outside their regular hours shall be paid at the rate of time and one-half the hourly rate for hours actually worked with a minimum guarantee of three (3) hours for each call. 7.9 If an employee requests time off that would result in the need for overtime, the employee must take a minimum of three (3) hours off unless the time off is for emergency reasons or has prior approval of the Fire Chief or his/her designee. Except for the first or last two or less hours of the shift, shift holdover or early relief would apply in these situations. 7.10 If a represented employee is called upon to perform the duties of a position exempt from the Fair Labor Standards Act, all provisions of this Article shall prevail. ARTICLE VIII - SALARY — 8.- The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPF agree that the term is january F20127 through November 30, 2013, with the exception of Paragraph 23.2 which shall continue in effect through January 1, 2014. 8.2, Although the City is not required to perform a survey during the term of this MOU,_ the parties agree that if a survey is performed, the fifteen cities to be surveyed arre I as follows: Chico Clovis Davis Fairfield Merced Manteca I1 Modesto Redding Roseville I�I Stockton Tracy Turlock I Vacaville Visalia Woodland I Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: 12 pt Deleted: 8.1 Deleted: Effective the pay period in which July 1, 2007 falls, represented employees shall receive a salary increase of 8%. Retroactivity includes base salaries and all other items that are calculated using base pay. ¶ ¶ Effective the pay period in which January 1, 2008 falls, represented employees shall receive a 4.5% salary increase. Retroactivity includes base salaries and all other items that are calculated using base pay.¶ 8.2 Effective the pay period in which January 1, 2009 falls, represented employees shall receive a cost of living increase based on the CPI -W index for San Francisco. The CPI increase shall be no less than 3.5% and no greater than 5%. Deleted: 3 Deleted: July 1', 2007 through December 31, 2009. Formatted: Indent: Left: 0", Hanging: 0.5" Deleted: 4 Deleted: T OU — CITY OF LODI AND LPF 8.3 LPF and the City of Lodi agree to meet and confer on determining nine cities to bet ` used for future surveys in place of the fifteen that are currently included in this Article, 8.4 Jf any City bargaining unit negotiates for or otherwise receives a salary increase or a higher value medical and/or retirement benefit for the MOU negotiated or one \ that replaces the MOU_ (or last/best/final offer imposed) that otherwise expires on December 31, 2013 the LPF, will receive the same benefit. 8.5 The LPF and the City entered into a concession agreement dated June 2011 where under the LPF agreed to certain concessions that would continue through June 30, 2012. The concessions set forth in that agreement shall continue in effect as set forth therein, not withstanding the execution of this MOU. t ARTICLE IX - TUITION REIMBURSEMENT \ 9.1 In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300.00 per fiscal year, to be paid upon the satisfactory completion of course work. The total monetary benefit shall not exceed the amount listed in the City Policy Manual. ARTICLE X — DEFERRED COMPENSATION 10.1 The City shall match contributions by bargaining unit members to a deferred compensation program up to a maximum of 3% of the member's salarybeginning in the pay period in which July 1, 2012 falls. ARTICLE XI - UNIFORM ALLOWANCE 11.1 The City shall, on a one-time basis, provide each present and future employee with three department approved uniform shirts and three pair of department approved uniform pants of a flame retardant fabric. After this initial issue the maintenance and replacement of the uniform is the employee's responsibility. Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Bullets and Numbering Deleted: 8.4 Formatted: Font: Times New Roman Formatted: Font: Times New Roman Deleted: Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Deleted: ¶ Formatted: Indent: Left: 0", Hanaina: 0.5" Formatted: Font: 12 pt Deleted: members Formatted: Font: 12 pt 11.2 The uniform allowance shall be 50 per year, paiducuaarterly, as -Part of the last bi- weekly paycheck in the months of March, June, September, and December. Formatted: Font: 12 pt ARTICLE XII - WORKERS' COMPENSATION 12.1 In the event that a member of the LPF is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled, regardless of his period of service with the City, to leave of absence while so disabled without loss of salary, in lieu of temporary disability payments, if any, which would be payable under this chapter, for the period of such disability but not exceeding one year, or until such earlier date as he is retired on permanent disability pension. (State of California Labor Code, Article 7, Section 4850.) OU — CITY OF LODI AND LPF 12.2 The City shall implement Article 4850.3 of the Labor Code which provides for advance disability payments prior to receipt of industrial disability retirement allowance to the member. ARTICLE XIII- BILINGUAL PAY 13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking Spanish and/pr Punjabi, subject to the eligible employee ass g a�roficienc� exam administered and approved by the City. ARTICLE XIV --LONGEVITY PAY ,After completing ten years of service with the Lodi Fire Department, employees shall _ receive an annual longevity pay in the amount of $1,500 in November of the ye 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 lon evi1y pay in the amount of $3,000 �n November of the year following completion of twentfull years of service and each year thereafter. I For the purposes of this Article, all employees who as of October 31St 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 longevity pay associated with their years of service with the Lodi Fire Department. I/ The incentive in this Micle is limited to employees hired prior to April 18, 2012, Deleted: 07 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: 12 pt Deleted: Deleted: PERFORMANCE INCENTIVE BONUS Formatted: Font: (Default) Times New Roman Deleted: Deleted: on Formatted: Indent: Left: 0" Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: (Default) Times New Roman Deleted: <#>Definition:T A Performance Incentive Bonus (PIB) is a monetary reward for meritorious performance above and beyond what is expected and required of all employees who satisfactorily meet the standards of their job.T The bonus shall be $1,500.00 for those employees who have completed the service requirements often (10) years, and $3,000.00 for those employees who have completed the service requirements of twenty (20) years.T T The bonus is not a part of base salary. Receipt of the bonus for one (1) year does not affect the following year. Employees must submit a new application for each year they wish to be considered for the PIB.T T It is understood that the bonus is discretionary, and is based upon meritorious performance as described in the PIB evaluation criteria.T T Employees who are granted a PIB by the evaluation cormnittee shall be issued a separate check for the appropriate amount in November of each year of this contract. T <#>Eligibility:$ T To be eligible to apply for the bonus, employees must meet the following minimum qualifications:T OU — CITY OF LODI AND LPF Chapter 2. Leaves ARTICLE XV- CATASTROPMCLEAV 15.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual. ARTICLE XVI- HOLIDAYS 16.1 Shift Employees in the LPF shall earn 156 hours of holiday leave per year. In January of each year, every shift employee's holiday account shall be credited with 156 hours. Employees hired mid -year or terminating mid -year shall have holiday hours credited or deducted at the rate of 6.0 hours per pay period. 16.2 A shift employee may opt to schedule holidays or to be compensated at the straight time rate for all hours of holiday leave. During the course of the year, an employee who opted to use scheduled holidays may at their request and at the sole discretion of the Fire Chief, schedule a day off in lieu of cash payment. Each year, the pay period in which December 1 falls, employees shall be paid for the unused holidays at the straight -time rate as of December 31 of the year in which the holidays were earned. 16.3 Non -shift employees shall observe 9 1/2 fixed holidays per year: 0 New Year's Day 0 Martin Luther King Day 0 President's Day 0 Memorial Day 0 Independence Day 0 Labor Day 0 Thanksgiving Day 0 Day after Thanksgiving Day 0 Christmas Eve (four hours) 0 Christmas Day January 1 3rd Monday in January 3rd Monday in February 4th Monday in May July 4 1 st Monday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 The employee shall also be granted four additional holidays to be taken at a time mutually agreeable to the employee and the Fire Chief. If a scheduled holiday falls on a regularly scheduled day off the employee shall take off the day preceding or day succeeding the holiday. Floating holidays shall be prorated upon hiring and termination at the rate of one holiday for each three- month period worked. 16.4 Nothing in this MOU is construed to change the manner in which holidays or vacations are scheduled. 10 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Times New Roman Formatted: Font: 12 pt Formatted: Font: 12 pt Deleted: e Deleted: BANK Formatted: Font: 12 pt OU — CITY OF LODI AND LPF 16.5 It is mutually agreed that two represented employees per shift shall be allowed to schedule vacations or holiday time. Leave for sickness, injury, or leave for school shall not effect this time off. ARTICLE XVII - LEAVES OF ABSENCE 17.1 Leaves of Absence The City and LPF mutually agree that inability to return to work after an employee's sick leave has been exhausted shall be considered an urgent and substantial reason for the granting of a leave of absence in accordance with the Leave of Absence policy in the City of Lodi Administrative Policy Manual. 17.2 The City interprets this Section as providing that the conditions under which an employee shall be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The City reaffirms its policy that an employee's status as a permanent employee is not impaired by such leave of absence. Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: 12 pt 17.3 Employees who are placed in a Leave Without Pay status following the expiration of sick leave, vacation, or compensatory time off, such that the employee is no longer in a pay status shall not receive employer paid employment benefits. However, if the leave is for medical reasons the medical insurance will pe carried Deleted: for three months at the City's expense. Other health benefits may be continued at Formatted: Not Strikethrough the employee's expense. 17.4 Firefighters are entitled to leave without pay or other benefits for up to four months from the date of disability for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave has been exhausted. The date on which the employee shall resume duties shall be determined by the employee on leave and the employee's physician. 17. 5 An employee on leave for pregnancy disability under this policy shall be entitled to return to the same position, or to a position comparable to that held at the time the leave commenced. A physician's release must be provided prior to an employee's return to work. 17.6 An employee seeking pregnancy/disability leave shall be required to provide a reasonable notice in writing (not less than four weeks) to the City of the anticipated date upon which leave shall commence, although the commencement date shall vary according to the employee's actual disability. She must also provide an estimate of the duration of the leave. 11 OU — CITY OF LODI AND LPF ARTICLE XVIII - SICK LEAVE 18.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per pay period. Employees working a 40 -hour week shall earn 3 7700 hours per paw period. 18.2 Sick leave accumulated shall be unlimited. 18.3 One working day is defined as 12 work hours (1 duty day) for all LPF personnel working on a shift schedule. 18.4 Absence to care for a member of an employee's immediate family is authorization to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours of family sick leave shall be approved in one calendar year. ARTICLE XIX - VACATION 13e1g nning with: Date of Hire: 5.54 hours per pay period 6th 8.31 hours per pay period ,year 15th year 11.08 hours per pay period 21 st year 11.65 hours per pay period 22nd year 12.20 hours per pay period 23rd year 12.76 hours per pay period 24th year 13.32 hours per pay period 25th year/above 13.88 hours per pay period F Members of LPF will have the option of cashing out any vacation time in excess of two -1 tours of duty. Members must utilize at least two tours of their vacation time each year. I Members shall request a cash out of vacation time by November 15th of each year and will I receive the payout of vacation time at straight time pay and by December 31" of each year. I II II II II II 12 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: 12 pt Deleted: 69 Formatted: Font: Times New Roman Formatted: Font: Not Bold, No underline Formatted: Left Deleted: 19.1 From 0 through 5 years of continuous employment, vacation shall accrue at the rate of 5.54 hours per pay period. ¶ t 19.2 From 6 through 15 years of continuous employment, vacation shall accrue at the rate of 8.31 hours per pay period. ¶ 119.3 . At the completion of 15 years of continuous employment, vacation shall accrue at the rate of 11.08 hours per pay period. ¶ 119.4 At the completion of 25 years of continuous employment, vacation shall accrue at the rate of 13.85 hours per pay period. ¶ One (1) working day is defined as twelve (12) work hours (1 duty day) for all Fire Department personnel working on a shift schedule. Formatted: Bullets and Numbering Formatted: Bullets and Numbering OU - CITY OF LODI AND LPF Chapter 3. Insurance and Retirement ARTICLE XX — CHIROPRACTIC INSURANCE 20.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. 20.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement. ARTICLE XXI - DENTAL INSURANCE 21.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of benefits for the term of this agreement. 21.2 The City shall pay the increased cost of such premiums for the life of the agreement. ARTICLE XXII - MEDICAL INSURANCE 22.1 The City shall Ray 100% of the premium for empl ees only up to the chest HMO available in Lodi except as set forth below. Effective January 1, 2013, the City's contributions to the premiums for medical- insurance edica F insurance coverage will be capped at the following rates and employees shall be responsible for premium costs in excess of this amount: Single $610.44 EE+ 1 $1220.88 EE + family $1587.14 22.2 Any employee who is otherwise covered by a medical plan and chooses not to utilize the full extent of medical coverage available to him or her and, as applicable, to his or her dependent(s) may opt to receive fifty (50) percent of the highest HMO plan referenced in 22.1 provided however, that (a) such election shall only be available to the extent allowed by the City's insurer, and (b) this shall not be construed to allow individuals without dependents to receive any portion of the dependent premium. Effective the Dav period in which January 1. 2013 falls. opt -out monies will be capped at the following amounts: EE only $305.22 EE + 1 $532.92 EE + Family $692.81 22.3 _The City intends to propose a Cafeteria -based benefit program in 2012. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed terms of this MOU will be reopened for negotiation upon the Cit presentation of a Cafeteria Plan. 13 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: All employees shall be offered medical insurance for themselves and dependents through CAPERS medical plans. Deleted: The City shall pay the balance for the highest cost HMO Plan available in Lodi for the employee with one dependent less $80.00 per month, and employee with a family less $104.00 per month.¶ Formatted: Indent: Left: 0.5" Deleted: <#>Effective January 1, 2013 employees' City paid medical insurance will be capped at the following rates, and employees shall pay any excess:T Single $610.44¶ EE+1 $1220.88T EE + family . . $1587.14¶ T Formatted: Bullets and Numbering OU — CITY OF LODI AND LPF The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE XXIII - RETIREMENT PLAN 23.1 The City shall provide the PERS retirement program commonly known as the "3% at 50 program". Said program shall include the following additional benefits: 1959 Survivor benefits -,3rd Level Single Highest Year Sick Leave Conversion Military Service Credit 23.2 JUmployees shall pay the employee portion of Retirement Benefits as follows: July 1, 2012 through December 31, 201.3—.5.3,/0_ 13eginnin>?January 1, 201.4.—.9.% (The provision in this subsection_ will remain in effect upon the expiration of this MOU through January 1, 20141 1\` Z3.3 Employees hired after April 18, 2012 shall have the following retirement benefit instead of the benefit set forth in paragraph 23.1 hll III Safety 3% (a, 55 plaid 1959 Survivors Benefit -3rd Level • Credit for Unused Sick Leave VIII • Military Service Credit as Public Service I I II ll • Avera e of three consecutive hi hest II Il � ;? VII l ey ars` II Il �II�II ARTICLE XXIV - SICK LEAVE CONVERSION III 24.1 For all unused sick leave, a represented employee with ten years of employment I I VIII with the City shall be eligible to receive medical, dental and vision insurance III II coverage upon retirement (but not upon resignation, transfer or termination) on the IIIIII I following basis: I IIS I After 10 years of employment by the City, the number of hours of unused sick I III leave shall be reduced by 16 2/3%. The remaining balance shall be converted into III an equivalent number of days. (NOTE: A day is equivalent to 12 hours for I employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour I I week schedule). The number of days shall be multiplied by the then current III monthly premium being paid by the City for the employee and if applicable his II dependents. 50% of that dollar value shall be placed into a "bank" to be used for medical, dental and vision insurance premiums for the employee and dependent. II For each year that an employee has been employed in excess of 10 years, 2 1/2% shall be added to the 50% before valuing the unused sick leave, not to exceed 100% I of that dollar value. 14 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Indent: Left: 0.5" Formatted: Font: 12 Dt, Not Bold Deleted: third tier Formatted: Superscript Formatted: Font: Times New Roman Formatted: Indent: Hanging: 0.5" Deleted: The City shall pay into each employee's PERS account 9.0%. Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Deleted: q Formatted, Indent: Left: 0", Hanging: 0.5" Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Tabs: 0.5", Left + Not at 0.25" Formatted: Bullets and Numbering Formatted: Font: Times New Roman Formatted: Font: 12 pt OU — CITY OF LODI AND LPF For example: Robert Smith retires with 20 years service and 1800 hours of unused sick leave. gity paid montes medical insurance premiums are $344.45 for him and his wife. 1800-(1800 x 16 2/3) =1500 hours 1500=12 =125 days x 75% = 93.75 93.75 x $344.45= $ 32,292.19 This amount shall be reduced each month by the current premium(s) for the employee and dependent until the balance is gone. In the event the retiree dies the remaining bank shall be reduced by 50% and the survivor may use the bank until the balance is gone. 24.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving dependents shall have an interest in one-half the value of the bank as calculated in Section 24.1. 24.3 Represented employees who retire on a service retirement and are eligible to convert accrued, unused sick leave into City paid insurance upon retirement shall be given the option of purchasing, at the retiree's cost, additional insurance for a period of time equal to the period of time for which they received City paid insurance upon retirement. Employee's option shall be exercised upon expiration of the City paid coverage. 24.4 In accordance with the sick leave conversion provision outlined in this MOU, a surviving spouse of either an active or retired member may be continued on the medical insurance plan and/or dependent coverage at the appropriate premium for the same period as if the employee had not died. 24.5 An employee eligible for the sick leave conversion program defined in Section 24.1 may choose instead to receive a cash settlement for all or part of unused sick leave at the rate of $.30 on the dollar. Under this provision, the employee's sick leave balance at the time of retirement shall be converted to dollars at the employee's current pay rate. 24.6 Out of area retirees may receive reimbursement for insurance premiums up to the City's liability as specified in Section 24.1. 24.7 The City shall modify its contract with PERS to add credit for unused sick leave per Government Code Section 20862.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after December 6, 1995. Reporting of unused sick 15 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: M OU — CITY OF LODI AND LPF leave shall be pursuant to PERS regulations on said issue. If an eligible employee opts to utilize the provisions of Section 24.1 the City shall report to PERS they have zero (0) hours of unused sick leave. ARTICLE XXV- VISION CARE 25.1 The City shall provide and pay for a vision care plan underwritten by VSP or comparable vision care plan. Such comparable vision care plan shall be the same as the plan offered to mid and executive management employees in the City. The plan shall have a $25 deductible, shall provide annual examinations and lenses. Frames are available every two years. 16 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Times New Roman OU — CITY OF LODI AND LPF Chapter 4. Safety ARTICLE XXVI - SAFETY COMMITTEE 26.1 A six -member Joint Safety Committee shall be formed to include three members of the,VPF. This committee shall be charged with reviewingand making proposed solutions to items relating to safety standards, equipment, procedures, clothing and other safety related matters. 17 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted:. Formatted: Font: Times New Roman OU — CITY OF LODI AND LPF Chapter 5. Work Hours, Schedules, Meals ARTICLE XXVII- 56 -HOUR WORK WEEK 27.1 --The work schedule for calendar year 2012, will be a schedule of "56 fours per week" with two on -duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a 24 day work cycle. The work schedule for calendar year 2013 mage predicated on the review of the calendar year 2012 "48/96" work schedule. If the work schedule changes for calendar year 2013, it would revert to three on -duty shifts in nine (9. 24-hour periods. The FLSA work cvcle would also revert to a 27 day work period. For purposes of overtime calculations under the FLSA, sick leave, vacation leave, compensatory time, and holiday. 1�_ ill be considered time worked_ � 27.2 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. 27. 3 It is agreed that the work schedule of the Fire Inspector is a 40 -hour week and that all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather than a 56 -hour week. Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: The work schedule of Firefighters shall be a work schedule of "56 hours per 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. Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Formatted: Font: Times New Roman Deleted: calculation Deleted: — Deleted: — Deleted: , but will not be considered time worked for overtime purposes. For example, if an employee utilizes sick leave on Tuesday yet works an extra shift on Wednesday, the hours on Tuesday are not considered hours worked for consideration of overtime purposes. Deleted: 27. 4 In order to convert the hours for employees that move from a 40, -hour work week to Deleted: a 56_iour work week the following formulas shall be a0lied: Deleted: 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 Time: From 40 to 56 hours ........... Multiply by 1.5 From 56 to 40 hours ........... Multiply by .666667 ARTICLE XXVIII - SHIFT TRADES 28.1 It is mutually agreed that each employee may trade shifts. E A firefighter while on initial probation may initiate shift trades for a hardship, in Deleted: Employees on initial probation writing, with approval from their Captain and Battalion Chief. Shift trades for shall not be entitled to participate in a shift trade except that a shift trade shall probationerfirefi,ghters are acceptable for attendance at approved training classes be permitted for job related educational or seminars only. purposes. 28.2 It is expressly understood that shift trades are requested by employees on a voluntary basis and are granted exclusively for employee convenience. 18 OU — CITY OF LODI AND LPF 28.3 A shift trade commitment shall be considered the equivalent of the employee's regularly assigned work day. Any member of the bargaining unit who agrees to a shift trade, but fails to report to work the agreed shift without a valid excuse may be subject to disciplinary action. An employee who agrees to exchange time with another employee and who then fails to report to work the agreed time because of illness, or who reports, but leaves early due to illness, may be required to provide a doctors note to verify the illness. 28.4 In the event that the person who had agreed to work is unable to do so, he/she shall make the necessary arrangements to fulfill the obligation. This can be accomplished by: trading with another employee meeting the shift trade requirements; forfeiting sick, holiday, compensatory time, or vacation time, whichever is appropriate based on department policy; or injury leave if appropriate. 19 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial OU — CITY OF LODI AND LPF Chapter 6. Association/City Issues ARTICLE XXIX - ALCOHOL, SMOKING AND DRUGS 29.1 No member of the Fire Department hired after October 1, 1987 may at any time use any form of tobacco. This prohibition is considered a condition of employment. 29.2 The LPF shall be covered under the Drug -Free Workplace policy and procedure. In addition, the LPF shall be covered under the Drug and Alcohol Testing policy and procedure with the exception of random testing. (Section 34520(e) of the California Vehicle Code exempts fire employees from the provisions of the Omnibus Transportation Employee Testing Act of 1991.) 29.3 In the event an employee is involved in an accident while operating a City vehicle the employee shall not leave the scene of the accident until a determination for drug and/or alcohol testing has been made by the appropriate supervisor. 29.4 In the event an employee is being referred to drug and/or alcohol testing, the employee shall have the right to representation or a witness. The witness may include an on -duty employee, as long as there is no interference with business necessity. 29.5 Supervisors directing an employee to drug and/or alcohol testing shall document at the time of direction the reason(s) for such determination of the Reasonable Suspicion Test form, and present that form to the employee. 29.6 The reporting of prescription medication being taken by an employee to his/her supervisor shall be kept in confidence. 29.7 In the event an employee's locker or storage area is to be searched, the employee shall have the right to representation or a witness. The witness may include an on - duty employee, as long as there is no interference with business necessity. 29.8 If a member of the Fire Department has a drug, tobacco or alcohol problem or dependence, the City shall pay the difference between the employee's insurance and the cost of an appropriate rehabilitation program. 29.9 All supervisory employees, including those in the rank of Fire Captain, shall attend training on making a reasonable suspicion determination of being under the influence of drugs and/or alcohol, and the appropriate referral process. Such training shall be provided by the City of Lodi. Non -supervisory employees may attend the training provided that there is adequate attendance capacity, and that the cost of the training shall be borne by the employee. 20 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: 12 pt OU — CITY OF LODI AND LPF ARTICLE XXX - CITY RIGHTS 30.1 It is further understood and agreed between the parties that nothing contained in this MOU 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; to set standards of service; to determine the procedures and standards of selection for employment; to direct its employees; p maintain the efficiency of governmental aerations;_ to determine the methods, means and personnel by which government operations are to be conducted; to take all necessary actions to carry out its mission in emergencies; and to exercise complete control and discretion and the technology of performing its work. 30�ity 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this paragraph does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. 30.3 Per Side Letter dated September 14, 2011: The Lodi Professional Firefighters, (LPF) recognizes and accepts the City's right to determine the procedures and standards of selection for promotion. This recognition does not preclude the LPF from discussing with the City the LPF's point of view as it relates to the timeliness and necessity of promotions. The merits of each promotion should be discussed by both parties with the intent of reaching an understanding. It is the LPF's contention that economics is one component and should not be the sole deciding factor when determining whether to promote or not. It is through joint discussions that the City and the LPF believe resolution can be found. ARTICLE XXXI — COMPLETE AGREEMENT 31.1 The parties acknowledge that during the negotiations which resulted in this MOU,— each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the MOU. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: ¶ <#>I Deleted: 30.2 Formatted: Bullets and Numbering ----------------- Formatted: Bullets and Numbering Deleted: 31.1 Formatted: Bullets and Numbering 31.2 Per the Side Letter signed on May 20, 2004: Except as required byoperational/ori Formatted: Bullets and Numbering business necessity impacting City employees as a whole, there shall be no changes to 21 OU — CITY OF LODI AND LPF the Rules for Personnel Administration during the term of this MOU. This does not prevent the parties from mutually agreeing to meet and confer over proposed changes to the Rules during the term of this MOU. ARTICLE XXXII - CONCERTED ACTIVITIES 32.1 Represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick ins" or participate in any other form of concerted activity which is intended to or which does adversely affect job performance or rendering of City services. ARTICLE XXXIII - EMPLOYEE REPRESENTATION 33.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Professional Firefighters (hereinafter referred to as "LPF"). The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. The terms and conditions of this MOU are applicable to those employees in those positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter II, Fire Engineer, Fire Captain, and Fire Inspector. It is mutually agreed that wages, hours, and other terms and conditions of employment of such employees shall be as hereinafter set forth. Except as specifically stated in this Memorandum, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU shall continue in effect during the term of this MOU. The parties agree as follows: 33.2 The City and the LPF mutually agree that the City shall grant dues deduction to City employees who are members of the LPF in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The LPF shall indemnify, defend and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, the LPF shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. 22 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial OU — CITY OF LODI AND LPF Changes in the LPF membership dues rate shall be certified to the City, in writing, over the signature of the LPF President. The change shall be implemented as soon as practicable, but in no event later than thirty (30) days after the notification. 33.3 LPF shall maintain exclusive representation rights during the term of this MOU. Every employee covered by this MOU who is a member of LPF twenty (20) days after the signing of this MOU shall, as a condition of employment, maintain his or her membership in good standing in accordance with the Constitution and Bylaws of the LPF during the term of this agreement. 33.4 No employee covered by this Memorandum of Understanding shall be discriminated against by the City or by the Union with respect to any job benefits or other conditions of employment accruing from this agreement because of union membership, non -membership in the union, race, color, sex, creed, national origin, marital status, disability or political affiliation. It is understood that violations of this section are not subject to arbitration. 33.5 The City shall make available a period of one hour to the LPF in each recruit class with an end toward education of each employee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the association. 33.6 The City and LPF agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity shall be resolved in favor of the MOU language. If the MOU is silent on an issue, the current applicable document (i.e. policy manual) is controlling. 33.7 Members of the Lodi Professional Firefighters may contribute, individually, to an hourly account bank. This bank shall be monitored and administered by the Lodi Professional Firefighters Secretary. Hours may not exceed more than 600 hours on a yearly basis. The President of the Lodi Professional Firefighters shall designate members that can use the hours. No more than two persons shall be off at a time and this shall not effect the regular time off calendar. Five days notice must be given to the Fire Chief prior to using the bank. Hours may be donated from member's vacation leave, holiday leave or compensatory time off. The member's leave account shall be charged an equivalent amount of time required to cover the absence of the member utilizing the LPF bank. A form shall be generated for this purpose by the Lodi Professional Firefighters to notify the Fire Chief and Finance. ARTICLE XXXIV - GRIEVANCE PROCEDURE 34.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, 23 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial 11 2 1a 3 OU — CITY OF LODI AND LPF 21L-2413^' ^' Deleted: 07 Formatted: Font: (Default) Arial letters of understanding, and formal interpretations and clarifications executed by\ Deleted: 09 the LPF and the City. Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. The term "day" means a working day i.e. Monday through Friday excluding fixed City Hall low sures. Deleted: n"haays A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the LPF involving the interpretation, application, or enforcement of the express terms of this XOU and other excess written terms and Deleted: Agreement conditions of employment or clear past practices. As used in this procedure, the term "party" means an employee, the LPF, the City or the authorized representatives of any parry. The employee is entitled to representation through all the steps in this procedure. Matters of discipline are to be handled exclusively in accordance with the provisions of section�4.4. 34.2 INFORMAL PROCEDURE The informal procedure must be used as an initial step in all grievances. An employee or their representative having a grievance arising from employment in the municipal service shall seek adjustment of the grievance initially through verbal contact with their immediate supervisor within twenty (20) working days of the date of the action being grieved, or the date the grieving party became aware of the incident which is the basis of the grievance. The employee or his/her representative shall state the nature of the grievance and any pertinent information required for the supervisor to sufficiently investigate the incident and resolve the grievance. Should the immediate supervisor be unable to make a satisfactory adjustment, the employee or their representative may seek adjustment through verbal contact to the next higher level of supervision up to and including the Fire Chief. The time allowed between steps in this process is ten (10) working days. All verbal contacts shall be documented as to the date, time and place of the contact. In matters involving disputes between two employees (including personality conflicts between and employee and his/her supervisor), the two employees should meet in an attempt to resolve their differences. If they cannot resolve the issues between themselves, the complaint procedure outlined in the Lodi Fire Department Policy Manual shall be used as the Informal Grievance Procedure. Should the employee progress through the above steps and find that the Fire Chief is unable to make a satisfactory adjustment within the time frame given, or is a 24 Deleted: 35 OU — CITY OF LODI AND LPF party to the grievance, the employee or his representative may seek adjustment through the Formal Grievance Procedure. 34.3 FORMAL PROCEDURE An employee who has not received satisfactory adjustment through the use of the Informal Grievance Procedure may, within ten (10) working days of the last time deadline of the Informal Procedure, file a Formal Grievance. Initiation of the formal grievance procedure requires that the grievance be submitted in writing. The steps of the Formal Grievance Procedure are as follows: Step A. Class Action Grievances or a Lodi Fire Department Grievance Form is filed with the Fire Chief. If satisfactory adjustment is not attained the employee or his/her representative may proceed to Step B within ten (10) working days. Step B. Class Action Grievances or A Lodi Fire Department Grievance Form is filed with the City Manager. The City Manager or designee shall investigate the grievance and shall respond in writing within ten (10) working days. If satisfactory adjustment is not attained the employee or his representative may proceed to Step C within ten (10) working days. Step C If the grievance is not resolved by the City Manager or designee, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified by the grievant or his/her representative within fifteen (15) working days following the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and the LPF shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. 25 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial OU — CITY OF LODI AND LPF Both parties and the arbitrator may tape record the hearing. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. 4. The parties may agree to prepare a joint letter submitting the issue(s) in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. 5. The strict rules of evidence are not applicable but shall be of a type or kind relied upon by prudent people in the conduct of serious business and the hearing shall be informal. 6. The parties have the right to present and cross examine witnesses issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. 7. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 8. The arbitrator may exclude witnesses and observers from the hearing at his or her discretion. 9. The arbitration hearing shall be held on the employer's premises. 10. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing, unless otherwise agreed to by the parties. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. 26 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial OU — CITY OF LODI AND LPF The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. The arbitrator's decision shall be final, binding, and precedential and the arbitrator's decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authority to award back pay, reinstatement, and to issue an order to expunge the record of all references to a disciplinary action if appropriate. If the City believes that the matter is not arbitrable and/or not grievable, the matter shall be bifurcated. The parties shall select an arbitrator to hear the issue of arbitrability only. In the event that the arbitrator determines the matter to be arbitrable, the parties shall select a second arbitrator to hear the merits of the case. By filing a grievance and processing it beyond the City Manager the grievant expressly waives any right to statutory remedies for the same contract remedies that were available through arbitration or to the exercise of any legal process other than is provided by the grievance/arbitration procedure for those contractual remedies under this contract. The process in a grievance beyond the City Manager shall constitute an express election on the part of the grievant that the arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant shall not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of these paragraphs to preclude the enforcement of any arbitration award in any court of competent jurisdiction. Allegedly discriminatory acts by the city may be addressed through the judicial system, DFEH, EEOC, and/or the City's internal complaint procedure system as provided by law. Allegedly discriminatory acts are not subject to this procedure. 34.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION This section sets forth the exclusive means for grieving disciplinary actions in the form of a written reprimand, demotion, suspension or dismissal. In the event the 27 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial OU — CITY OF LODI AND LPF employee wishes to challenge the City Manager's final decision on such discipline, the employee shall appeal the decision to binding arbitration, commencing with Step C of Article �4.3 of this IOU. All other, lesser forms of discipline shall be reviewable by the Fire Chief without a further right of appeal. ARTICLE XXXV - LAYOFF PROCEDURE 35.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the Policy and Procedure manual, dated May 1, 1995 is included in this MOU by reference and it is further agreed that both parties interpret it to mean that time served in a higher level shall be counted at a lower level for purposes of determining order of layoff. ARTICLE XXXVI - PHYSICAL FITNESS 36.1 It is agreed that the physical fitness program shall be continued and shall meet the following goals: Provide a complete physical examination on an annual basis. These examinations to be performed by professional medical staff contracted for by the City. Provide a fitness assessment which will evaluate each individual employee's fitness as compared to the YMCA normative scores which are defined as: "a percentage based on fitness evaluations performed by the YMCA and are categorized according to age group and sex. " The fitness assessments shall be performed by professional assessors contracted for by the City. 3. Provide an individual program of exercise based on age, sex and present physical condition. 4. Provide attainable goals for each individual which would be measurable through the fitness assessment provided. 5. Provide for in-house exercise activities. 6. Provide an exercise program which shall improve cardiovascular conditioning, body fat composition, flexibility, grip strength, abdominal strength, low back strength, chest (arm) strength, back strength, quadriceps and hamstring strength. It is further agreed that: The program shall be mandatory for all employees in the bargaining unit. 28 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: 35 Deleted: Agreement Formatted: Font: 12 pt OU — CITY OF LODI AND LPF The program shall be scheduled as a high priority item and work out times shall normally be available between 0800 and 1700 hours excluding lunch period and breaks. The City shall provide adequate equipment to carry out the intent of the program. The equipment used for this program is not to be used by anyone other than City of Lodi Fire personnel. 4. Confidentiality of records shall be maintained for the protection of the employees. ARTICLE XXXVII - PROBATION 37.1 During probationary period, twelve (12) months, the new hire or promotional employee shall be entitled to sick leave benefits. Upon completion of probation, employees are eligible for merit increases. 37.2 Employees on initial probation may not utilize vacation accruals. 37.3 Probationary releases are appealable only to the extent required by law. ARTICLE XXXVIII - SEVERABILITY 38.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. ARTICLE XXXIX — MISCELLANEOUS 39.1 LPF and the City of Lodi will meet and confer on entry level minimum qualifications. END xxxxxx 29 Deleted: 07 Formatted: Font: (Default) Arial Deleted: 09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Times New Roman OU — CITY OF LODI AND LPF 30 S Deleted: 07 Formatted: Font: (Default) Arial Deleted:09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Deleted: ATTACHMENT 1 Deleted: SIDE LETTER RE RULES I FOR PERSONNEL ADMINISTRATION¶ BETWEEN¶ I THE CITY OF LODI AND THE LODI PROFESSIONAL FIREFIGHTERS ¶ ¶ 0 The Rules for Personnel Administration shall be applicable to the firefighters bargaining unit, with the exception of the I attached changes (2 pages), which comprise amendments to those rules in respect to the fire fighters bargaining unit. Except as required by operational/or business necessity impacting City Iemployees as a whole, there shall be no to the Rules for Personnel Ichanges Administration during the tern of this Iagreement. This does not prevent the from mutually agreeing to meet Iparties Iand confer over proposed changes to the Rules during the term of this Agreement.¶ I ¶sp> Formatted: Font: Times New Roman Formatted: Font: Times New Roman OU — CITY OF LODI AND LPF LPF Positions L Effective 4/1 R/12 2K 2 1Q g Deleted: 07 —�� Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial SCHEDULE A Deleted:09 Formatted: Font: (Default) Arial Occupation Title Step A Step B Step C D Ste E Fire Captain 6102.66 6407.79 6728.17 7417.81 Fire En ineer 5271.71 5535.29 5812.0602.66 ;7064.58 6407.79 Fire Fi hter 1 4130.51 Font: (Default) Times _ Fire Fighter 11 4553.86 4781.55 5020.62 5271.66 5535.24 Fire Inspector 5535.29 1 5812.06 1 6102.66 1 6407.79 1 6728.18 LODI PROFESSIONAL FIREFIGHTERS Brad Doell, Fire a tain Date: Oscar Picazo, Fire Engineer Date: Paul Alvarez, Fire�n¢ineerDate: CITY OF LODI A MUNICIPAL CORPORATION .Konradt Bartlam, City Manager Date. 31 Dean Gualco, Human Resources Manager 6 Date: Deleted: Date: ¶ Formatted: Font: Times New Roman Deleted: Fighter II Deleted: ¶ Deleted: 8% increase effective F.. [211 Formatted: Font: (Default) Times t \\\ New Roman Formatted: Font: (Default) Times III\ New Roman Font: (Default) Times IFormatted: III\ New Roman Font: (Default) Times IIIFormatted: IIINew Roman Font: (Default) Times IIIFormatted: Roman yllllIIINew Formatted: Font: (Default) Times l IINew Roman Font: (Default) Times VIIIFormatted: IIINew Roman I Formatted: Font: (Default) Times IIIIII New Roman I Formatted: Font: (Default) Times I IIII New Roman II Formatted: Font: (Default) Times VIII New Roman I Formatted: Font: (Default) Times IIII New Roman I Formatted: Font: (Default) Times III New Roman Formatted: Font: (Default) Times II New Roman II Formatted: Font: (Default) Times II New Roman Formatted g Formatted q Formatted Table Formatted: Font: Times New Roman Deleted: Engineer Deleted: Blair King Deleted: ... 5 �\ Deleted: Aaron Ayers, Fire Fighter II Deleted' Jim Krueger Deputy Dean Gualco, Human Resources Manager 6 Date: Deleted: Date: ¶ Formatted: Font: Times New Roman Deleted: Fighter II Deleted: ¶ — CITY OF LODI AND LPF William Broderick, Fire Captain Randi Johl, City Clerk Date: APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney 32 S Deleted: 07 Formatted: Font: (Default) Arial Deleted:09 Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Times New Roman Deleted: \ Deleted: ¶ Joseph Hansen, Fire Captain¶ Date: ¶ Formatted: Font: Times New Roman Page 9: [1] Deleted cgonzales 04/02/2012 12:45:00 PM Definition: A Performance Incentive Bonus (PIB) is a monetary reward for meritorious performance above and beyond what is expected and required of all employees who satisfactorily meet the standards of their job. The bonus shall be $1,500.00 for those employees who have completed the service requirements of ten (10) years, and $3,000.00 for those employees who have completed the service requirements of twenty (20) years. The bonus is not a part of base salary. Receipt of the bonus for one (1) year does not affect the following year. Employees must submit a new application for each year they wish to be considered for the PIB. It is understood that the bonus is discretionary, and is based upon meritorious performance as described in the PIB evaluation criteria. Employees who are granted a PIB by the evaluation committee shall be issued a separate check for the appropriate amount in November of each year of this contract. Eligibility: To be eligible to apply for the bonus, employees must meet the following minimum qualifications: Employees must have completed at least ten (10) full years of service in this bargaining unit with the City of Lodi by the beginning of the preceding time period being evaluated (i.e. to be eligible for consideration in November of 2004, an employee shall have had to complete ten (10) full years of service by June 30, 2004). Employees must have, at a minimum, a rating of meets standards, in the overall factor rating listed on the performance evaluation. Special duty assignments shall include but are not limited to: Associate, and or member of a team (maintaining team qualifications and training hours); Actively participating in team deployments; Participation in Wildland fire deployment; Performing fire investigations; Public education activities; ROP program instruction; Active committee participation; SOP design and implementation; Training class instruction; Participation with civic/community organizations. Employees must not have received discipline issued beyond an oral reprimand. Employees must not have received a positive drug test. Employees must have worked a minimum of eight months during the qualifying period. Employees must have met the minimum qualifications by the beginning of the preceding time period being evaluated. Evaluation of Application (Process): The PIB process shall consist of a committee evaluation, conducted on an annual basis and shall be based upon the preceding year's evaluation (July — June), and the events, activities, and actions during this same period of time. An evaluation committee shall be appointed to review and evaluate the applications. The evaluation committee shall be composed of two (2) representatives from the LPF, two (2) representatives from Fire Department management, and one (1) representative from the Human Resources Department. Applications for RIB must be made in writing on the designated application form within the time period allotted by the evaluation committee. Applicants shall be evaluated only upon written documentation including but not limited to what is provided in applicants' application, their performance evaluation and any actions and events during the rating period including but not limited to the following: attendance, disciplinary actions, service awards, commendations, etc. The criteria used by the evaluation committee shall be determined and developed in advance of implementation by Human Resources and the Fire Chief and subject to agreement with a representative from LPF. The decision of the committee shall be provided to each applicant in writing. The vote of the committee shall be in confidence. Members of the committee shall maintain confidentiality in respect to all committee processes including voting. No committee member shall disclose to any person outside the committee any discussion of the committee or information concerning the voting or process of the committee members. The decision of the evaluation committee to grant or deny a PIB is final and binding, shall not be appealed, and is not subject to any grievance procedure. Any perceived technical errors regarding minimum qualifications for the bonus may be resubmitted for further review by the committee. Page 31: [2] Deleted cgonzales 04/03/2012 08:27:00 AM 8% increase effective 7/1/07 Occupation Title Step A Step B Step C Step D Step E Fire Captain 5626.06 5907.37 6202.74 6512.87 6838.52 Fire Engineer 4860.01 5103.01 5358.16 5626.07 5907.37 Fire Fighter I 3807.94 Fire Fighter 11 4198.22 4408.14 4628.54 4859.97 5102.97 Fire Inspector 5103.01 5358.16 5626.07 5907.37 6202.74 4.5% increase effective 1/1/08 Occupation Title Step A Step B Step C Step D Step E Fire Captain 5879.24 6173.20 6481.86 6805.96 7146.25 Fire Engineer 5078.71 5332.64 5599.28 5879.24 6173.20 Fire Fighter I 3979.30 Fire Fighter II 4387.15 4606.50 4836.83 5078.67 5332.60 Fire Inspector 5332.64 5599.28 5879.24 6173.20 6481.86 Page 31: [3] Formatted Font: (Default) Times New Roman cgonzales 04/02/2012 12:47:00 PM Page 31: [4] Formatted Font: (Default) Times New Roman cgonzales 04/02/2012 12:47:00 PM Page 31: [5] Deleted cgonzales 04/03/2012 08:33:00 AM Page 31: [6] Deleted cgonzales 04/03/2012 08:29:00 AM Jim Krueger, Deputy City Manager Date: C•' b MOU - CITY OF LODI AND LPF 2007-12-200913 Chapter 3. Insurance and Retirement 20.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. 20.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement. ARTICLE XM - DENTAL INSURANCE 21.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of benefits for the term of this agreement. 21.2 The City shall pay the increased cost of such premiums for the life of the agreement. ARTICLE XMII - MEDICAL INSURANCE 22.1 All employees shall be offered medical insurance for themselves and dependents through Ca1PERS medical plans. The City shall pay 100% of the premium for employees only up to the highest HMO available in Lodi except as set forth below. Effective January 1. 2013. the Citv's contributions to the premiums for medical insurance coverage will be capped at the following rates and employees shall be responsible for premium costs in excess of this amount: Single $610.44 EE+ 1 $1220.88 EE + family $1587.14 22.2 Any employee whc is otherwise covered by a medical plan and chooses not to utilize the full extent of medical coverage available to him or her and, as applicable, to his or her dependent(s) may opt to receive fifty (50) percent of the highest HMO plan referenced in 22.1 provided however, that (a) such election shall only be available to the extent allowed by the City's insurer, and (b) this shall not be construed to allow individuals without dependents to receive any portion of the dependent premium. at the followinv, 17 RESOLUTION NO. 2012-46 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING LODI PROFESSIONAL FIREFIGHTERS MEMORANDUM OF UNDERSTANDING WHEREAS, representatives from the City of Lodi and the Lodi Professional Firefighters Organization have bargained in good faith for the purpose of amending certain articles of the Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and the Lodi Professional Firefighters Organization; and BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be effective for the period of January 1, 2012 through November 30,2013. Dated: April 18, 2012 ------------------- ------------------- hereby certify that Resolution No. 2012-46 as passed and adopted by the City Council of the City of Lodi in a regular meeting held April 18, 2012, by the following votes: AYES: COUNCIL MEMBERS — Hansen, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS —Johnson ABSENT: COUNCIL MEMBERS — Katzakian ABSTAIN: COUNCIL MEMBERS— None i�JL City Clerk 2012-46 E X F ir is i TA CITY OF LODI AND MOU -CITY OF LODI AND LPF 2012-2013 TABLE OF CONTENTS PAGE # CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Above Class Pay 4 Article II Department Sanctioned Teams 4 Article III Education Incentives 4 Article IV Flexible Spending Account S Article V Jury Duty S Article VI Merit Increases 6 Article VII Overtime 6 Article VIII salary 7 Article IX Tuition Reimbursement 8 Article X Deferred Compensation 8 Article XI Uniform Allowance 8 Article XII Workers' Compensation 8 Article XIII Bilingual Pay 9 Article XIV Longevity Pay 9 CHAPTER 2 — LEAVES Article XV Catastrophic Leave 10 Article XVI Holidays 10 Article XVII Leaves of Absence 1 I Article XVIII Sick Leave 12 Article XIX Vacation 12 CHAPTER 3 — INSURANCE AND RETIREMENT Article XX Chiropractic Insurance 13 Article XXI Dental Insurance 13 Article XXII Medical Insurance 13 Article XXIII Retirement Plan 14 Article XXIV Sick Leave Conversion 14 Article XXV Vision Care 16 CHAPTER 4 — SAFETY Article XXVI Safety Committee 17 2 MOU-CITYOF LODI AND LPF 2012-2013 CHAPTER 5 — Work Hours, Schedules, Meals Article XXVII 56 -Hour Work Week 18 Article XXVIII Shift Trades 18 CHAPTER 6 —ASSOCIATION/ CITY ISSUES Article XXIX Alcohol, Smoking, and Drugs 20 Article XXX City Rights 21 Article XXXI Complete Agreement 21 Article XXXII Concerted Activities 22 Article XXXIII Employee Representation 22 Article XXXIV Grievance Procedure 24 Article XXXV Layoff Procedure 28 Article XVI Physical Fitness 28 Article XXXVII Probation 29 Article XXXVHl Severability 29 Article XXXIX Miscellaneous 29 Schedule A — Salary Schedule Effective 4/18/2012 3 MOU — CITY OF LODI AND LPF 2012-2013 Chapter 1. Salaries and Other Compensation ARTICLE I - ABOVE CLASS PAY 1.1 All employees in this bargaining unit who are required to work in a higher class shall be paid an additional 5% of the employee's salary for all hours once 12 consecutive hours have been worked. ARTICLE II —DEPARTMENT SANCTIONED TEAMS 2.1 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 the 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. 2.2 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. ARTICLE III - EDUCATION INCENTIVE 3.1 An incentive program shall be established with the major purpose being to encourage and reward members of the LPF to broaden their on-the-job experience with academic training in the fields of science, management and administration. 3.2 Employees who meet the following criteria are eligible for education incentive pay. A Employees holding an Associate of Arts shall receive $25.00 per month if the: 1. AA is in Fire Science or related field or; 2. AA is in a non -related field with a Fire Science Certificate from an accredited institution or; 4 MOU—CITY OFLODI AND LPF 2012-2013 3. The employee possesses an AA degree and is actively pursuing a baccalaureate degree. B. Employees possessing a BA or BS degree shall receive an additional $25.00 per month. If an employee possesses a BA degree, it is assumed that an AA is also possessed. The incentives in Section 3.2A and Section 3.2B are limited to employees hired prior to April 18,2012. C. The following increments shall be added to the Education Incentive Program. It is agreed that the following amounts shall be paid if the individual has completed the necessary course work. 0 CertifiedFire Officer -------------------------------------- ----------$50.00 per month 0 Certified Chief Officer ------------------------------------ ----------$50.00 per month 0 Certified Fire Investigator- Level 2 -------------------------------- $12.50per month 0 Certified Fire Instructor Level 3 and Mgmt 2,E ------------------ $25.00 per month 0 Certified Fire Prevention Officer Level 3 and Mgmt 2.E ------- $25.00 per month 0 Certified Public Education Officer Level 2 ...................... $12.50 per month 0 CertifiedFire Chief --------------------------------------------------- $25.00 per month The maximum amount to be paid under this program is $175.00 per month. 3.3 In addition to the amounts specified in Section 3.2, an additional $25.00 per month shall be paid if the employee possesses a Hazardous Materials Specialist/ Technician certificate. 3.4 Persons possessing the aforementioned requirements shall not receive the incentive pay until such time as evidence of completion is produced. If they do possess the requirements on that date, but do not have evidence of completion, pay shall be made retroactively. ARTICLE IV — FLEXIBLE SPENDING ACCOUNT 4.1 The City shall include members of the LPF in the City's flexible spending account program, which allows employees to pay for unreimbursed medical costs, insurance premiums, and dependent care costs to be paid with pretax dollars. ARTICLE V W JURY DUIY 5.1 All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to attend any court during the time regularly required for his employment for the purpose of jury service shall be entitled, while so engaged and actually serving, to his regular compensation in addition to any jury duty compensation. 5 MOU —CITY OF LODI AND LPF 2012-2013 5.2 No employee shall be granted jury duty leave with pay in which such employee will be testifying in behalf of oneself or as a witness in a court of law. 5.3 An employee serving on jury duty, who is not required to be in attendance at such jury duty for more than one half of the employee's normal working day is expected to return to his regular work assignment for the balance of the day. An employee seated on a jury shall not be scheduled for regular work during the twelve hours preceding the scheduled time forjury duty. 5.4 If an employee covered by this Agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee shall receive his full pay while so doing, with no loss of time if he/she is on regular duty. If the employee is not on duty, the City agrees to compensate that employee at one and one-half times his/her regular rate of pay, for the time spent in any appearance as required by this Article. The employee shall demand a witness fee and shall reimburse same to the City. As a prerequisite for payment to off-duty employees, the Fire Chief or his designee must be notified in writing of the off-duty appearance within seventy-two hours after the employee is subpoenaed or otherwise notified of the required court appearance. The employee shall demand a witness fee and shall reimburse the same to the City. 5.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave. ARTICLE VT — MERIT INCREASES 6.1 Merit increases shall not exceed the next step of the salary range for the position's classification. ARTICLE VII - OVERTIME 7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the rate of one and one-half times the then regular rate of the employee. Overtime work shall be required of any employee to meet special or unusual needs of service beneficial to the City and community. All overtime work requires the prior approval of a supervisor. No employee on disciplinary or medical leave shall be eligible to work overtime. 7.2 Employees working overtime shall be paid in increments of 15 minutes. Time within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting back to the preceding increment and 8-15 minutes adjusting forward to the next increment. Therefore, overtime shall be compensated in increments of 15 minutes at a rate of time and one-half. MOU —CITY OF LODI AND LPF 2012-2013 7.3 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. 7.4 No more than one hundred forty-four (144) hours of compensatory time shall be carried on the books at any time. 7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October. 7.6 Upon separation, the employee shall 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. 7.7 Early call in or shift holdovers shall be Compensated at the time and one-half rate. 7.8 Employees called to work outside their regular hours shall be paid at the rate of time and one-half the hourly rate for hours actually worked with a minimum guarantee of three (3) hours for each call. 7.9 if an employee requests time off that would result in the need for overtime, the employee must take a minimum of three (3) hours off unless the time off is for emergency reasons or has prior approval of the Fire Chief or his/her designee. Except for the first or last two or less hours of the shift, shift holdover or early relief would apply in these situations. 7.10 If a represented employee is called upon to perform the duties of a position exempt from the Fair Labor Standards Act, all provisions of this Article shall prevail. ARTICLE VIII - SALARY 8.1 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPF agree that the term is January 1, 2012 through November 30, 2013, with the exception of Paragraph 23.2 which shall continue in effect through January 1,2014. 8.2 Although the City is not required to perform a survey during the term of this MOU, the parties agree that if a survey is performed, the fifteen cities to be surveyed are as follows: Chico Clovis Davis Fairfield Merced Manteca Modesto Redding Roseville Stockton Tracy Turlock Vacaville Visalia Woodland 7 MOU —CITY OF LODI AND LPF 2012-2013 8.3 LPF and the City of Lodi agree to meet and confer on determining nine cities to be used for future surveys in place of the fifteen that are currently included in this Article 8.4 If any City bargaining unit negotiates for or otherwise receives a salary increase or a higher value medical and/or retirement benefit for the MOU negotiated or one that replaces the MOU (or last/best/final offer imposed) that otherwise expires on December 3 1,2 013 the LPF will receive the same benefit. 8.5 The LPF and the City entered into a concession agreement dated June 2011 where under the LPF agreed to certain concessions that would continue through June 30, 2012. The concessions set forth in that agreement shall continue in effect as set forth therein, not withstanding the execution of this MOU. ARTICLE IX - TUITION REIMBURSEMENT 9.1 In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300.00 per fiscal year, to be paid upon the satisfactory completion of course work. The total monetary benefit shall not exceed the amount listed in the City Policy Manual. ARTICLE X —DEFERRED COMPENSATION 10.1 The City shall match contributions by bargaining unit members to a deferred compensation program up to a maximum of 3% of the member's salary beginning in the pay period in which July 1, 2012 falls. ARTICLE XI - UNIFORM ALLOWANCE 11.1 The City shall, on a one-time basis, provide each present and future employee with three department approved uniform shirts and three pair of department approved uniform pants of a flame retardant fabric. After this initial issue the maintenance and replacement of the uniform is the employee's responsibility. 11.2 The uniform allowance shall be $950 per year, paid quarterly, as part of the last bi- weekly paycheck in the months of March, June, September, and December. ARTICLE XII - WORKERS' COMPENSATION 12.1 In the event that a member of the LPF is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his duties, he shall become entitled, regardless of his period of service with the City, to leave of absence while so disabled without loss of salary, in lieu of temporary disability payments, if any, which would be payable under this chapter, for the period of such disability but not exceeding one year, or until such earlier date as he is retired on permanent disability pension. (State of California Labor Code, Article 7, Section 4850.) U MOU -CITY CF LODI AND LPF 2012-2013 12.2 The City shall implement Article 4850.3 of the Labor Code which provides for advance disability payments prior to receipt of industrial disability retirement allowance to the member. ARTICLE XIII- BILINGUAL PAY 13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking Spanish and/or Punjabi, subject to the eligible employee passing a proficiency exam administered and approved by the City. ARTICLE XIV- LONGEVITY PAY After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the 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 longevity pay in the amount of $3,000 in 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 31St 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 longevity pay associated with their years of service with the Lodi Fire Department. The incentive in this Article is limited to employees hired prior to April 18,2012. kel MOU —CITY OF LODI AND LPF Chapter 2. Leaves 2012-2013 ARTICLE XV- CATASTROPHIC LEAVE 15.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual. ARTICLE XVI- HOLIDAYS 16.1 Shift Employees in the LPF shall earn 156 hours of holiday leave per year. In January of each year, every shift employee's holiday account shall be credited with 156 hours. Employees hired mid -year or terminating mid -year shall have holiday hours credited or deducted at the rate of 6.0 hours per pay period. 16.2 A shift employee may opt to schedule holidays or to be compensated at the straight time rate for all hours of holiday leave. During the course of the year, an employee who opted to use scheduled holidays may at their request and at the sole discretion of the Fire Chief, schedule a day off in lieu of cash payment. Each year, the pay period in which December 1 falls, employees shall be paid for the unused holidays at the straight -time rate as of December 31 of the year in which the holidays were earned. 16.3 Non -shift employees shall observe 9 112 fixed holidays per year: 0 New Year's Day 0 Martin Luther King Day 0 President's Day 0 Memorial Day 0 Independence Day 0 Labor Day 0 Thanksgiving Day 0 Day after Thanksgiving Day 0 Christmas Eve (four hours) 0 Christmas Day January 1 3rd Monday in January 3rd Monday in February 4th Monday in May July 4 1stMonday in September 4th Thursday in November Friday following Thanksgiving Day December 24 December 25 The employee shall also be granted four additional holidays to be taken at a time mutually agreeable to the employee and the Fire Chief. If a scheduled holiday falls on a regularly scheduled day off the employee shall take off the day preceding or day succeeding the holiday. Floating holidays shall be prorated upon hiring and termination at the rate of one holiday for each three-month period worked. 10 MOU —CITY OF LODI AND LPF 2012-2013 16.4 Nothing in this MOU is construed to change the manner in which holidays or vacations are scheduled. 16.5 It is mutually agreed that two represented employees per shift shall be allowed to schedule vacations or holiday time. Leave for sickness, injury, or leave for school shall not effect this time off. ARTICLE XVII - LEAVES OF ABSENCE 17.1 Leaves of Absence The City and LPF mutually agree that inability to return to work after an employee's sick leave has been exhausted shall be considered an urgent and substantial reason for the granting of a leave of absence in accordance with the Leave of Absence policy in the City of Lodi Administrative Policy Manual. 17.2 The City interprets this Section as providing that the conditions under which an employee shall be restored to employment on the termination of leave of absence shall be stated as clearly as possible at the time by the City in conjunction with the granting of the leave of absence. The City reaffirms its policy that an employee's status as a permanent employee is not impaired by such leave of absence. 17.3 Employees who are placed in a Leave Without Pay status following the expiration of sick leave, vacation, or compensatory time off, such that the employee is no longer in a pay status shall not receive employer paid employment benefits. However, if the leave is for medical reasons the medical insurance will be carried for three months at the City's expense. Other health benefits may be continued at the employee's expense. 17.4 Firefighters are entitled to leave without pay or other benefits for up to four months from the date of disability for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave has been exhausted. The date on which the employee shall resume duties shall be determined by the employee on leave and the employee's physician. 17.5 An employee on leave for pregnancy disability under this policy shall be entitled to return to the same position, or to a position comparable to that held at the time the leave commenced. A physician's release must be provided prior to an employee's return to work. 17.6 An employee seeking pregnancy/disability leave shall be required to provide a reasonable notice in writing (not less than four weeks) to the City of the anticipated date upon which leave shall commence, although the commencement date shall vary according to the employee's actual disability. She must also provide an estimate of the duration of the leave. 11 MOU — CITY OF LODI AND LPF 2012-2013 ARTICLE XVIII - SICK LEAVE 18.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per pay period. Employees working a 40 -hour week shall earn 3.70 hours per pay period. 18.2 Sick leave accumulated shall be unlimited. 18.3 One working day is defined as 12 work hours (1 duty day) for all LPF personnel working on a shift schedule. 18.4 Absence to care for a member of an employee's immediate family is authorization to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours of family sick leave shall be approved in one calendar year. ARTICLE XIX - VACATION Be ig nnin Date of Hire: 6th year 15th year 21 st year 22nd year 23rd year 24th year 25th year/above 5.54 hours per pay period 8.31 hours per pay period 11.08 hours per pay period 11.65 hours per pay period 12.20 hours per pay period 12.76 hours per pay period 13.32 hours per pay period 13.88 hours per pay period Members of LPF will have the option of cashing out any vacation time in excess of two tours of duty. Members must utilize at least two tours of their vacation time each year. Members shall request a cash out of vacation time by November 15th of each year and will receive the payout of vacation time at straight time pay and by December 31 st of each year. 12 MOU —CITY OF LODI AND LPF 2012-2013 Chapter 3. Insurance and Retirement ARTICLE XX —CHIROPRACTIC INSURANCE 20.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. 20.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement. ARTICLE XM - DENTAL INSURANCE 21.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of benefits for the term of this agreement. 21.2 The City shall pay the increased cost of such premiums for the life of the agreement. ARTICLE XXII - MEDICAL INSURANCE 22.1 All employees shall be offered medical insurance for themselves and dependents through Ca1PERS medical plans. The City shall pay 100% of the premium for employees only up to the highest HMO available in Lodi except as set forth below. Effective January 1, 2013, the City's contributions to the premiums for medical insurance coverage will be capped at the following rates and employees shall be responsible for premium costs in excess of this amount: Single $610.44 EE+ 1 $1220.88 EE + family $1587.14 22.2 Any employee who is otherwise covered by a medical plan and chooses not to utilize the full extent of medical coverage available to him or her and, as applicable, to his or her dependent(s) may opt to receive fifty (50) percent of the highest HMO plan referenced in 22.1 provided however, that (a) such election shall only be available to the extent allowed by the City's insurer, and (b) this shall not be construed to allow individuals without dependents to receive any portion of the dependent premium. Effective the pay period in which January 1, 2013 falls, opt -out monies will be capped at the following amounts: EE only $305.22 EE + 1 $532.92 EE + Family $692.81 22.3 The City intends to propose a Cafeteria -based benefit program in 2012. This program would incorporate, but not be limited to: medical, vision, dental, 13 MOU—CITY OFLODI AND LPF 2012-2013 chiropractic, and life insurance. The above listed terms of this MOU will be reopened for negotiation upon the City's presentation of a Cafeteria Plan. The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE XXIII - RETIREMENT PLAN 23.1 The City shall provide the PERS retirement program commonly known as the "3% at 50 program". Said program shall include the following additional benefits: 1959 Survivor benefits - 3rd Level Single Highest Year Sick Leave Conversion Military Service Credit 23.2 Employees shall pay the employee portion of Retirement Benefits as follows: July 1,2012through December 31,2013 — 5.3% Beginning January 1,2014 — 9% (The provision in this subsection will remain in effect upon the expiration of this MOU through January 1,2014) 23.3 Employees hired after April 18,2012 shall have the following retirement benefit instead of the benefit set forth in paragraph 23.1: Safety 3% @ 55 plan • 1959 Survivors Benefit -3rd Level • Credit for Unused Sick Leave • Military Service Credit as Public Service • Average of three consecutive highest years ARTICLE XXIV - SICK LEAVE CONVERSION 24.1 For all unused sick leave, a represented employee with ten years of employment with the City shall be eligible to receive medical, dental and vision insurance coverage upon retirement (but not upon resignation, transfer or termination) on the following basis: After 10 years of employment by the City, the number of hours of unused sick leave shall be reduced by 16 2/3%. The remaining balance shall be converted into an equivalent number of days. (NOTE: A day is equivalent to 12 hours for employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour week schedule). The number of days shall be multiplied by the then current monthly premium being paid by the City for the employee and if applicable his dependents. 50% of that dollar value shall be placed into a "bank" to be used for medical, dental and vision insurance premiums for the employee and dependent. For each year that 14 MOU — CITY OF LODI AND LPF 2012-2013 an employee has been employed in excess of 10 years, 2 1/2% shall be added to the 50% before valuing the unused sick leave, not to exceed 100% of that dollar value. For example: Robert Smith retires with 20 years service and 1800 hours of unused sick leave. City paid monthly medical insurance premiums are $344.45 for him and his wife. 180041800 x 16 2/3) =1500 hours 1500-12 =125 days x 75% = 93.75 93.75 x $344.45= $32,292.19 This amount shall be reduced each month by the current premium(s) for the employee and dependent until the balance is gone. In the event the retiree dies the remaining bank shall be reduced by 50% and the survivor may use the bank until the balance is gone. 24.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program, the surviving dependents shall have an interest in one-half the value of the bank as calculated in Section 24.1. 24.3 Represented employees who retire on a service retirement and are eligible to convert accrued, unused sick leave into City paid insurance upon retirement shall be given the option of purchasing, at the retiree's cost, additional insurance for a period of time equal to the period of time for which they received City paid insurance upon retirement. Employee's option shall be exercised upon expiration of the City paid coverage. 24.4 In accordance with the sick leave conversion provision outlined in this MOU, a surviving spouse of either an active or retired member may be continued on the medical insurance plan and/or dependent coverage at the appropriate premium for the same period as if the employee had not died. 24.5 An employee eligible for the sick leave conversion program defined in Section 24.1 may choose instead to receive a cash settlement for all or part of unused sick leave at the rate of $.30 on the dollar. Under this provision, the employee's sick leave balance at the time of retirement shall be converted to dollars at the employee's current pay rate. 24.6 Out of area retirees may receive reimbursement for insurance premiums up to the City's liability as specified in Section 24.1. 15 MOU —CITY OF LODI AND LPF 2012-2013 24.7 The City shall modify its contract with PERS to add credit for unused sick leave per Government Code Section 20862.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after December 6, 1995. Reporting of unused sick leave shall be pursuant to PERS regulations on said issue. If an eligible employee opts to utilize the provisions of Section 24.1 the City shall report to PERS they have zero (0) hours of unused sick leave. ARTICLE XXV- VISION CARE 25.1 The City shall provide and pay for a vision care plan underwritten by VSP or comparable vision care plan. Such comparable vision care plan shall be the same as the plan offered to mid and executive management employees in the City. The plan shall have a $25 deductible, shall provide annual examinations and lenses. Frames are available every two years. 16 MOU — MY OF LODI AND LPF 2012-2013 Chapter 4. Safety ARTICLE XXVI - SAFETY COMMITTEE 26.1 A six -member Joint Safety Committee shall be formed to include three members of the LPF. This committee shall be charged with reviewing and making proposed solutions to items relating to safety standards, equipment, procedures, clothing and other safety related matters. 17 MOU -CITY OF LODI AND LPF 2012-2013 Chapter 5. Work Hours, Schedules, Meals ARTICLE XXVII- 56 -HOUR WORK WEEK 27.1 The work schedule for calendar year 2012, will be a schedule of "56 -hours per week" with two on -duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a 24 day work cycle. The work schedule for calendar year 2013 may change predicated on the review of the calendar year 2012 "48/96" work schedule. If the work schedule changes for calendar year 2013, it would revert to three on -duty shifts in nine (9) 24-hour periods. The FLSA work cycle would also revert to a 27 day work period. For purposes of overtime calculations under the FLSA, sick leave, vacation leave, compensatory time, and holiday leave will be considered time worked 27.2 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. 27. 3 It is agreed that the work schedule of the Fire Inspector is a 40 -hour week and that all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather than a 56 -hour week. 27.4 In order to convert the hours for employees that move from a 40 -hour workweek to a 56 -hour workweek the following formulas shall be applied: For conversion of Vacation: From 40 to 56 hours From 56 to 40 hours ......Multiply by 1.8 ..... Multiply by .555556 For conversion of Holiday and Sick Leave and Comp Time: From 40 to 56 hours ........... multiply by 1.5 From 56 to 40 hours ...........Multiply by .666667 ARTICLE XXVIII - SHIFT TRADES 28.1 It is mutually agreed that each employee may trade shifts. A firefighter while on initial probation may initiate shift trades for a hardship, in writing, with approval from their Captain and Battalion Chief Shift trades for probationary firefighters are acceptable for attendance at approved training classes or seminars only. 18 MOU —CITY OF LODI AND LPF 2012-2013 28.2 It is expressly understood that shift trades are requested by employees on a voluntary basis and are granted exclusively for employee convenience. 28.3 A shift trade commitment shall be considered the equivalent of the employee's regularly assigned work day. Any member of the bargaining unit who agrees to a shift trade, but fails to report to work the agreed shift without a valid excuse may be subject to disciplinary action. An employee who agrees to exchange time with another employee and who then fails to report to work the agreed time because of illness, or who reports, but leaves early due to illness, may be required to provide a doctors note to verify the illness. 28.4 In the event that the person who had agreed to work is unable to do so, he/she shall make the necessary arrangements to fulfill the obligation. This can be accomplished by: trading with another employee meeting the shift trade requirements; forfeiting sick, holiday, compensatory time, or vacation time, whichever is appropriate based on department policy; or injury leave if appropriate. 19 MOU — CITY OF LODI AND LPF Chapter 6. Association/City Issues 2012-2013 ARTICLE XXIX - ALCOHOL, SMOKING AND DRUGS 29.1 No member of the Fire Department hired after October 1, 1987 may at any time use any form of tobacco. This prohibition is considered a condition of employment. 29.2 The LPF shall be covered under the Drug -Free Workplace policy and procedure. In addition, the LPF shall be covered under the Drug and Alcohol Testing policy and procedure with the exception of random testing. (Section 34520(e) of the California Vehicle Code exempts fire employees from the provisions of the Omnibus Transportation Employee Testing Act of 1991.) 29.3 In the event an employee is involved in an accident while operating a City vehicle the employee shall not leave the scene of the accident until a determination for drug and/or alcohol testing has been made by the appropriate supervisor. 29.4 In the event an employee is being referred to drug and/or alcohol testing, the employee shall have the right to representation or a witness. The witness may include an on -duty employee, as long as there is no interference with business necessity. 29.5 Supervisors directing an employee to drug and/or alcohol testing shall document at the time of direction the reason(s) for such determination of the Reasonable Suspicion Test form, and present that form to the employee. 29.6 The reporting of prescription medication being taken by an employee to his/her supervisor shall be kept in confidence. 29.7 In the event an employee's locker or storage area is to be searched, the employee shall have the right to representation or a witness. The witness may include an on - duty employee, as long as there is no interference with business necessity. 29.8 If a member of the Fire Department has a drug, tobacco or alcohol problem or dependence, the City shall pay the difference between the employee's insurance and the cost of an appropriate rehabilitation program. 29.9 All supervisory employees, including those in the rank of Fire Captain, shall attend training on making a reasonable suspicion determination of being under the influence of drugs and/or alcohol, and the appropriate referral process. Such training shall be provided by the City of Lodi. Non -supervisory employees may attend the training provided that there is adequate attendance capacity, and that the cost of the training shall be borne by the employee. 20 MOU — CITY OF LODI AND LPF 2012-2013 ARTICLE XXX - CITY RIGHTS 30.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include, but are not limited to, the exclusive rights: 0 to determine the mission of its constituent departments, commissions and boards; 0 to set standards of service; 0 to determine the procedures and standards of selection for employment; 0 to direct its employees; to maintain the efficiency of governmental operations; 0 to determine the methods, means and personnel by which government operations are to be conducted; 0 to take all necessary actions to carry out its mission in emergencies; and 0 to exercise complete control and discretion and the technology of performing its work. 30.2 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 take disciplinary action, and to determine the content of job classifications; provided, however, that the exercise by the City of the rights in this paragraph does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours or other terms and conditions of employment. 30.3 Per Side Letter dated September 14, 2011: The Lodi Professional Firefighters (LPF) recognizes and accepts the City's right to determine the procedures and standards of selection for promotion. This recognition does not preclude the LPF from discussing with the City the LPF's point of view as it relates to the timeliness and necessity of promotions. The merits of each promotion should be discussed by both parties with the intent of reaching an understanding. It is the LPF's contention that economics is one component and should not be the sole deciding factor when determining whether to promote or not. It is through joint discussions that the City and the LPF believe resolution can be found. ARTICLE XXXI — COMPLETE AGREEMENT 31.1 The parties acknowledge that during the negotiations which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotiations, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the MOU. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. VAI MOU —CITY OF LODI AND LPF 2012-2013 31.2 Per the Side Letter signed on May 20, 2004: Except as required by operational/or business necessity impacting City employees as a whole, there shall be no changes to the Rules for Personnel Administration during the term of this MOU. This does not prevent the parties from mutually agreeing to meet and confer over proposed changes to the Rules during the term of this MOU. ARTICLE XXXII - CONCERTED ACTIVITIES 32.1 Represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick ins" or participate in any other form of concerted activity which is intended to or which does adversely affect j ob performance or rendering of City services. ARTICLE XXXIII - EMPLOYEE REPRESENTATION 33.1 This Memorandum of Understanding (hereinafter referred to as WOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Professional Firefighters (hereinafter referred to as "LPF"). The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. The terms and conditions of this MOU are applicable to those employees in those positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter IT, Fire Engineer, Fire Captain, and Fire Inspector. It is mutually agreed that wages, hours, and other terms and conditions of employment of such employees shall be as hereinafter set forth. Except as specifically stated in this Memorandum, all existing benefits currently being furnished to employees and all existing terms and conditions of employment are to continue in effect unless and until the parties meet and confer regarding a change in such existing benefits, terms or conditions of employment. The terms and conditions of this MOU shall continue in effect during the term of this MOU. The parties agree as follows: 33.2 The City and the LPF mutually agree that the City shall grant dues deduction to City employees who are members of the LPF in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The LPF shall indemnify, defend and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee 22 MOU — CITY OF NODI AND LPF 2012-2013 organization's dues. In addition, the LPF shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. Changes in the LPF membership dues rate shall be certified to the City, in writing, over the signature of the LPF President. The change shall be implemented as soon as practicable, but in no event later than thirty (3 0) days after the notification. 33.3 LPF shall maintain exclusive representation rights during the term of this MOU. Every employee covered by this MOU who is a member of LPF twenty (20) days after the signing of this MOU shall, as a condition of employment, maintain his or her membership in good standing in accordance with the Constitution and Bylaws of the LPF during the term of this agreement. 33.4 No employee covered by this Memorandum of Understanding shall be discriminated against by the City or by the Union with respect to any j ob benefits or other conditions of employment accruing from this agreement because of union membership, non -membership in the union, race, color, sex, creed, national origin, marital status, disability or political affiliation. It is understood that violations of this section are not subject to arbitration. 33.5 The City shall make available a period of one hour to the LPF in each recruit class with an end toward education of each employee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the association. 33.6 The City and LPF agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure manual, city resolutions, or city ordinances, any ambiguity shall be resolved in favor of the MOU language. If the MOU is silent on an issue, the current applicable document (i.e. policy manual) is controlling. 33.7 Members of the Lodi Professional Firefighters may contribute, individually, to an hourly account bank. This bank shall be monitored and administered by the Lodi Professional Firefighters Secretary. Hours may not exceed more than 600 hours on a yearly basis. The President of the Lodi Professional Firefighters shall designate members that can use the hours. No more than two persons shall be off at a time and this shall not effect the regular time off calendar. Five days notice must be given to the Fire Chief prior to using the bank. Hours may be donated from member's vacation leave, holiday leave or compensatory time off. The member's leave account shall be charged an equivalent amount of time required to cover the absence of the member utilizing the LPF bank. A form shall be generated for this purpose by the Lodi Professional Firefighters to notify the Fire Chief and Finance. 23 MOU — CITY OF LODI AND LPF 2012-2013 ARTICLE XXXIV - GRIEVANCEPROCEDURE 34.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, and formal interpretations and clarifications executed by the LPF and the City. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. The term "day" means a working day i.e. Monday through Friday excluding fixed City Hall closures. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the LPF involving the interpretation, application, or enforcement of the express terms of this MOU and other express written terms and conditions of employment or clear past practices. As used in this procedure, the term "party" means an employee, the LPF, the City or the authorized representatives of any parry. The employee is entitled to representation through all the steps in this procedure. Matters of discipline are to be handled exclusively in accordance with the provisions of section 34.4. 34.2 INFORMAL PROCEDURE The informal procedure must be used as an initial step in all grievances. An employee or their representative having a grievance arising from employment in the municipal service shall seek adjustment of the grievance initially through verbal contact with their immediate supervisor within twenty (20) working days of the date of the action being grieved, or the date the grieving parry became aware of the incident which is the basis of the grievance. The employee or his/her representative shall state the nature of the grievance and any pertinent information required for the supervisor to sufficiently investigate the incident and resolve the grievance. Should the immediate supervisor be unable to make a satisfactory adjustment, the employee or their representative may seek adjustment through verbal contact to the next higher level of supervision up to and including the Fire Chief. The time allowed between steps in this process is ten (10) working days. All verbal contacts shall be documented as to the date, time and place of the contact. In matters involving disputes between two employees (including personality conflicts between and employee and his/her supervisor), the two employees should meet in an attempt to resolve their differences. If they cannot resolve the issues 24 MOU — CITY OF LODI AND LPF 2012-2013 between themselves, the complaint procedure outlined in the Lodi Fire Department Policy Manual shall be used as the Informal Grievance Procedure. Should the employee progress through the above steps and find that the Fire Chief is unable to make a satisfactory adjustment within the time frame given, or is a party to the grievance, the employee or his representative may seek adjustment through the Formal Grievance Procedure. 34.3 FORMAL PROCEDURE An employee who has not received satisfactory adjustment through the use of the Informal Grievance Procedure may, within ten (10) working days of the last time deadline of the Informal Procedure, file a Formal Grievance. Initiation of the formal grievance procedure requires that the grievance be submitted in writing. The steps of the Formal Grievance Procedure are as follows: Step A. Class Action Grievances or a Lodi Fire Department Grievance Form is filed with the Fire Chief. If satisfactory adjustment is not attained the employee or his/her representative may proceed to Step B within ten (10) working days. Step B. Class Action Grievances or A Lodi Fire Department Grievance Form is filed with the City Manager. The City Manager or designee shall investigate the grievance and shall respond in writing within ten (10) working days. If satisfactory adjustment is not attained the employee or his representative may proceed to Step C within ten (10)working days. Step C If the grievance is not resolved by the City Manager or designee, arbitration shall be the final level of appeal for grievances and discipline. It is agreed by both parties that the decision of the arbitrator is binding and final on both parties and that if this procedure is utilized all other avenues of appeal are waived. If arbitration is chosen the City must be notified by the grievant or his/her representative within fifteen (15) working days following the City Manager's decision. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five (5) arbitrators from which the City and the LPF shall alternately strike names until one (1) name remains; this person shall be the arbitrator. If the State Conciliation and Mediation Service cannot provide a list of five (5) arbitrators, the same request shall be made of the American Arbitration Association. 25 MOU —CITY OF LODI AND LPF 2012-2013 To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: 1. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion or award orally upon submission of the arbitration. 2. Both parties and the arbitrator may tape record the hearing. 3. There shall be no official transcript required; however, either parry may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. 4. The parties may agree to prepare ajoint letter submitting the issue(s) in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a j oint letter, the parties may submit separate letters. 5. The strict rules of evidence are not applicable but shall be of a type or kind relied upon by prudent people in the conduct of serious business and the hearing shall be informal. 6. The parties have the right to present and cross examine witnesses issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. 7. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 8. The arbitrator may exclude witnesses and observers from the hearing at his or her discretion. 9. The arbitration hearing shall be held on the employer's premises. 10. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. 26 MOU — CITY OF LODI AND LPF 2012-2013 The` decision, opinion, or award shall be based on the record developed by the parties before and during the hearing, unless otherwise agreed to by the parties. The decision shall be in writing and shall contain the crucial reasons supporting the decision and award. The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of the MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. The arbitrator's decision shall be final, binding, and precedential and the arbitrator's decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authority to award back pay, reinstatement, and to issue an order to expunge the record of all references to a disciplinary action if appropriate. If the City believes that the matter is not arbitrable and/or not grievable, the matter shall be bifurcated. The parties shall select an arbitrator to hear the issue of arbitrability only. In the event that the arbitrator determines the matter to be arbitrable, the parties shall select a second arbitrator to hear the merits of the case. By filing a grievance and processing it beyond the City Manager the grievant expressly waives any right to statutory remedies for the same contract remedies that were available through arbitration or to the exercise of any legal process other than is provided by the grievance/arbitration procedure for those contractual remedies under this contract. The process in a grievance beyond the City Manager shall constitute an express election on the part of the grievant that the arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant shall not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of these paragraphs to preclude the enforcement of any arbitration award in any court of competentjurisdiction. Allegedly discriminatory acts by the city may be addressed through the judicial system, DFEH, EEOC, and/or the City's internal 27 MOU - CITY OF LODI AND LPF 2012-2013 complaint procedure system as provided by law. Allegedly discriminatory acts are not subject to this procedure. 34.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION This section sets forth the exclusive means for grieving disciplinary actions in the form of a written reprimand, demotion, suspension or dismissal. In the event the employee wishes to challenge the City Manager's final decision on such discipline, the employee shall appeal the decision to binding arbitration, commencing with Step C of Article 34.3 of this MOU. All other, lesser forms of discipline shall be reviewable by the Fire Chief without a further right of appeal. ARTICLE XXXV - LAYOFF PROCEDURE 35.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the Policy and Procedure manual, dated May 1, 1995 is included in this MOU by reference and it is further agreed that both parties interpret it to mean that time served in a higher level shall be counted at a lower level for purposes of determining order of layoff. ARTICLE XXXVI - PHYSICAL FITNESS 36.1 It is agreed that the physical fitness program shall be continued and shall meet the following goals: 1. Provide a complete physical examination on an annual basis. These examinations to be performed by professional medical staff contracted for by the City. 2. Provide a fitness assessment which will evaluate each individual employee's fitness as compared to the YMCA normative scores which are defined as: "apercentage based onfitness evaluations performed by the YMCA and are categorized according to age group and ser. " The fitness assessments shall be performed by professional assessors contracted for by the City. 3. Provide an individual program of exercise based on age, sex and present physical condition. 4. Provide attainable goals for each individual which would be measurable through the fitness assessment provided. 5. Provide for in-house exercise activities. 28 MOU — CITY OF LODI AND LPF 2012-2013 6. Provide an exercise program which shall improve cardiovascular conditioning, body fat composition, flexibility, grip strength, abdominal strength, low back strength, chest (arm) strength, back strength, quadriceps and hamstring strength. It is further agreed that: 1. The program shall be mandatory for all employees in the bargaining unit. 2. The program shall be scheduled as a high priority item and work out times shall normally be available between 0800 and 1700 hours excluding lunch period and breaks. The City shall provide adequate equipment to carry out the intent of the program. 3. The equipment used for this program is not to be used by anyone other than City of Lodi Fire personnel. 4. Confidentiality of records shall be maintained for the protection of the employees. ARTICLE XXXVII - PROBATION 37.1 During probationary period, twelve (12) months, the new hire or promotional employee shall be entitled to sick leave benefits. Upon completion of probation, employees are eligible for merit increases. 37.2 Employees on initial probation may not utilize vacation accruals. 37.3 Probationary releases are appealable only to the extent required by law. ARTICLE XXXVIII - SEVERABILITY 38.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. ARTICLE XXXIX — MISCELLANEOUS 39.1 LPF and the City of Lodi will meet and confer on entry level minimum qualifications. END xxxxxx MOU -CITY OF LODI AND LPF LPF Positions F.Metive 4/18/12 2012-2013 SCHEDULE A Occupation Title Step A Step B Step C Step D Step E Fire Captain 6102.66 6407.79 6728.17 7064.58 7417.81 Fire Engineer 5271.71 5535.29 5812.06 6102.66 6407.79 Fire Fighter 1 4130.51 Fire Fighter 11 4553.86 1 4781.55 1 5020.621 5271.661 5535.24 Fire Inspector 5535.29 1 5812.061 6102.661 6407.79 ' 6728.18 30 MOU—CITYOF LODIAND LPF LODI PROFESSIONAL. FIREFIGHTERS Brad Doell, Fire Captain Oscar Picazo, Fire Engineer Date: Paul Alvarez, Fire Engineer Date: William Broderick, Fire Captain Date: 31 2012-2013 CITY OF LODI A MUNICIPAL CORPORATION Konradt Bartlam, City Manager Date: Dean Gualco, Human Resources Manager Randi Johl, City Clerk APPROVED AS TO FORM: D. Stephen Schwabauer, City Attorney