HomeMy WebLinkAboutAgenda Report - March 19, 2014 I-02aAGENDA ITEM0T**10k'
&1& CITY OF LODI
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AGENDA TITLE: Adopt Resolution Approving One -Time 2014 Adjustments and Other Revisions to
Statement of Benefits with Lodi Fire Mid -Management and Appropriating Funds
($20,100)
MEETING DATE: March 19, 2014
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution approving one-time 2014 adjustments and other
revisions to Statement of Benefits with Lodi Fire Mid -Management
and appropriating funds.
BACKGROUND INFORMATION: Staff and the Lodi Fire Mid -Management have reached a tentative
agreement on their 2014 Statement of Benefits (SOB), subject to
the approval of Council. The base compensation concept is to pay
a base $2,300 per employee benefit on a one-time, non -PERS -able basis in the 2014 MOU year as a
partial restoration of past concessions that helped the City through the recent recession. Additionally,
staff is recommending approval of an increase in the City -paid medical cap to the January 1, 2014 rate of
the lowest cost HMO offered by CalPERS in the Lodi geographical area. In order to bring Fire Mid -
Management closer as a percentage of salary to the previously approved MOUS, staff is also
recommending a one-time, non -PERS -able additional uniform allowance payment equal to one percent
of employee's base salary to all members of this bargaining group.
The medical cap proposal is defined in detail below and is to be effective January 1, 2014:
Current
Proposed
Difference
Single $610.44
$657.33
$46.80
Employee + 1 $1,220.88
$1,314.66
$93.76
Family $1,587.14
$1,709.06
$121.92
A redline strikeout version of the SOB is attached for Council review and approval. The redline version
reflects several housekeeping items, including changes mandated by the recent pension reform
legislation.
Lodi's employees have agreed to voluntary decreases in total compensation in every year from 2009
through 2012. When the 2012 MOUS expired, Lodi's employees agreed to permanent reductions in total
compensation of 9 percent in safety and 7 percent in miscellaneous. These voluntary employee
reductions have allowed the City to survive the Great Recession, stabilize its weak reserve and perform
needed capital improvements. During this same period, the cost of living has increased by 11.8 percent
(San Francisco -Oakland -San Jose CPI -U).
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The additional compensation contemplated in these agreements is structured as a one-time
payment. While some have characterized the package as a bonus, that is not the intent of the one-time
structure. Increases in base pay come with a total employment cost multiplier. Overtime costs and
retirement costs go up with adjustments to base pay. Given PERS projected increases, staff structured
these contracts on a one-time basis to avoid expanding on those costs. While other local governmental
employers have agreed to modest pay scale adjustments, staff believes Lodi's proposed one-time
structure is the more fiscally sound approach in the current governmental economic climate.
Lodi certainly faces funding challenges ahead and must plan for them. It also faces continued fiscal
stress to a work force that contributed significantly to addressing the fiscal impact of the Great
Recession. Although the $800,000 surplus over our reserve target could certainly be invested in other
fashions, the proposed contracts strike an appropriate balance on a one-time basis between those
competing interests.
FISCAL IMPACT: Total calendar year cost of the proposal equals $23,000, of which $20,100 is
applicable to Fiscal Year 2013114. The 2013114 component of this proposal is not
included in the 2013114 budget and will require an appropriation. Funding is
available from the General Fund dollars in excess of the 2013114 reserve target.
FUNDING AVAILABLE: Funding for this item will be provided by funds in excess of the General
Fund reserve target established by Council.
Jordan Ayers
Deputy City Manager
Attachment
1. AA#
2. JV#
T� r
Internal Services Dept.•g- Division
Jordan14. DEPARTMENT/DIVISION:
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT
A. 100 3205 Fund Balance $ 20,100.00
SOURCE OF
FINANCING
B. 100 102012 7101 Regular employee salary $ 20,100.00
USE OF
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Appropriation increase associated with adjustments to the Lodi Mid Management Statement of Benefits adopted on March
19, 2014
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: 3/19/14 Res No: Attach copy of resolution to this form.
Department Head Signature:
',Deputy City Manager/[ nternal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
CITY OF LODI
LODI FIRE MID -MANAGEMENT (LFMM)
STATEMENT OF BENEFITS
JANUARY 1, 201-24 - DECEMBER 31, 201-34
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
TABLE OF CONTENTS
PAGE #
Article I
Salary
3
Article II
Deferred Compensation
3
Article III
Flexible Spending Account
3
Article IV
Chiropractic
43
Article V
Education Incentive
43
Article VI
Jury Duty
4
Article VII
Longevity Pay
5
Article VIII
Overtime
5
Article IX
Catastrophic Leave
6
Article XXV4II
Retirement
6
Article XIEX
Vacation Leave
7
Article XII
Administrative Leave
8
Article XIII
Holidays
8
Article XIV
Leave of Absence
9
Article XVXII
Sick Leave
98
Article XVIX414
Sick Leave Conversion
99
Article XVIIXW
Survivors Benefits
10}
Article XVIII
Executive Physical Examinations
10
Article XIXXVI
Medical Insurance
114$
Article XXVH
Dental Insurance
124E
Article XXIXVIII
Vision Insurance
1244
Article XIXII
Life Insurance
1244
Article XXIII
Chiropractic Insurance
12
Article XXIV
Uniform Allowance
11
Article XXIV
Tuition Reimbursement
11
Article XXVII
56 -Hour Work Week
12
Article XXVIII
Personal Liability
12
Article XXIVIII
Grievance Procedure
13
Article XXVIX
Disciplinary Procedure
14
Article XXVIX
City Rights
16
Article XXXIVR
Department Sanctioned Teams
186
Article XXXII
Complete Agreement
18
Article XXXIII
Severability
18
SCHEDULE A Salary Schedule 4-520
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
FIRE MID -MANAGEMENT CLASSIFICATIONS
Fire Division Chief
Fire Battalion Chief
ARTICLE I - SALARY
July 1, 2012 to June 30, 2013 6o1-(17
sfor- theseweFk4ng- a 36 weel-,
and 125 hetir-s for- these working a 40 houf
July 1 2011 to Pe � 11 2011
oax�x, zvxv cv s✓�ceexnvci vx, zvx>
workweek, and 31 hours foF those working
wefkweek)
3,04(nn
� ea£S €6l:' ese `yeF1'cing a 56 elm'
a 40 hOtIF woFkweek)
Fex- Division ChiePs flaflough houffi will be deduetedfFE)m pay as they afeosed. 1€
faflough hours are not used in appropriate fiseal year-, the appropriate houfs will b
dedueted en the last payeheek of the fiseal year, For- hew -s in FY 13/14, a -By r-ema'
1,. ufs will be ,lo.luete,l on the ,.......heek that ; el, des Deeem be - 31, 2013.
1.1 Citv shall provide a one-time, non -PERS -able pavment of $2,300 to each member of this
bargaining unit who is employed by the City on the date of approval of this Statement of
Benefits by the City Council. Payment will be made in a lump sum manner along with a
regularly scheduled pay check within two pay periods of approval of this Statement of
Benefits by the City Council.
1.2 Employees shall have the same Bilingual Incentive as set forth in the LPF MOU.
1_3 The City of Lodi and the Fire Mid -Management group agree that the term of this. --- Formatted: No bullets or numbering
agreement is January 1, 20142 to December 31, 20134.
1.4 _jf any Cit, bargaining unit, bargaining�Rroup, executive management as a ,-groin
appointees as a group or City Council receives a salary increase or one-time restoration payment
that is ,greater than the base payment of $2,300 received by the Fire Mid -Managers per Section
1.1 of this Statement of Benefits (excluding step increases or the equivalent), or a higher value
medical and/or retirement benefit (except IBEW retirement) applicable to all members of the
group for the MOU negotiated (or last/best/final offer imposed) that otherwise expired on
November 30, 2013 or December 31, 2013, or by resolution adopted by Council, this unit will
receive the same benefit. This clause shall not be triggered as a result of a delay in implementing
the medical cap to give affected employees the opportunity to move to a lower cost plan upon the
next available open enrollment period.
Formatted: Font: (Default) Times New Roman,
12 pt
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
4-.4
ARTICLE II - DEFERRED COMPENSATION
2.1 Employees may participate in the City's Deferred Compensation Plan.
2.2 The City matches up to a maximum of 3.0% of base salary.
ARTICLE III - FLEXIBLE SPENDING ACCOUNT
3.1 Employees shall have the option of participating in the Flexible Spending Account
(Section 125 Plan). Employees may elect to participate in;
a. Premium Conversion
b. Non -reimbursed Health Care
C. Dependent Care Reimbursement
3.2 Elections for the calendar year will be made each December, or if a change in family
status occurs. Money not used by the end of each calendar year will be forfeited by the
employee.
ARTICLE IV - CHIROPRACTIC
41 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan. This benefit allows up to a maximum of 40 visits per
calendar year. Co -payments for services are $10.00.
ARTICLE V - EDUCATION INCENTIVE
5.1 Education incentives will be available to eligible employees for specified degrees,
certifications, and licenses.
Associate of Arts Degree - $50.00 per month if the:
a. AA Degree is in Fire Science of related field;
b. AA Degree is in a non -related field with a Fire Science Certificate from an accredited
institution.
c. Employee has AA Degree and is actively pursuing a Bachelor of Arts degree
Or:
Bachelor of Arts Degree - $100.00 per month.
5.2 If an employee possesses a BA degree, he/she will receive a maximum of $100.00 under
Section 5.2
This incentive in this subsection 5.2 is limited to employees hired prior to_ the exeetAien
^Pthis oMarch 16, 2012.
5.3 Emergency Medical Technician $200.00 per month
5.4 Employees will receive education incentive pay for the following certifications:
--- Formatted: No bullets or numbering
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
Certified Chief Officer
Certified Fire Officer
Certified Fire Investigator
Certified Fire Instructor
Certified Fire Prevention Officer
Certified Public Education Officer
Certified Fire Chief
$100.00 per month
$50.00 per month
$12.50 per month
$25.00 per month
$25.00 per month
$12.50 per month
$25.00 per month
5.5 Employees shall receive a maximum of $250.00 per month for incentives listed in
subsection 5.4. However, an additional $25.00 per month may be earned if the employee
possesses a Hazardous Materials Specialist/Technician Certificate.
5.6 Persons possessing the aforementioned requirements shall not receive the incentive P
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.
---fFormatted: Indent: Left: 0", Hanging: 0.5"
ARTICLE VI — JURY DUTY
6.1 All full-time regular employees are granted Jury duty leave with pa 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.
6.2 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.
6.3 An emnlovee servine on iury dutv. who is not reauired to be in attendance at such iu
duty for more than one half of the employee's normal working da, i�pected 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.
6.4 If an emDlovee covered by this Aareement is reauired by subpoena to aDDear 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 Cityagrees 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 ppearance
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.
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
6.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered
by Jury Duty leave.
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
ARTICLE VII - LONGEVITY PAY
7.1 After completing ten years of service with the Lodi Fire Department, employees shall Formatted: Indent: Left: 0.06 Hanging:
receive an annual longevity pay in the amount of $1,500 in November of the year 0.44"
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 inee 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 Article VI is limited to employees hired prior to the eiiee itie . ,.F.,
NI8I3March 16, 2012, or- the Longevity Pfegmm as detefmined by the LPF, whieh
Longevity „ty D. -.....-.,m is xiddee-0.7 _m a benefieial by the i L`NIN4
ARTICLE VIII - OVERTIME
8-7.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the
overtime requirements of the Fair Labor Standards Act (FLSA), the following special
provisions for the payment of overtime will apply. Employees shall be compensated for
overtime at the time and one-half rate for time worked due to emergencies. Overtime for Fire
non -shift employees is based on a 40 hour work week. Overtime for Fire shift employees is
based upon a 56 hour work week. Emergencies shall be determined by the appropriate
department head and include but are not limited to such events as:
• Major storm damage requiring the dispatching of additional crews;
• The necessity to cover scheduled shifts;
• Direct supervision of crews assigned to work during normal days off to accommodate
the public;
• Break down of equipment and/or systems requiring the presence of the mid -manager in
order to restore service.
8-7.2 Overtime pay shall not be paid for the following:
• Staff meetings
• Special projects
• Conferences and seminars - except as noted below
• Appearances before City Council and commissions,
• Public information presentations,
• Activities involved with the completion of normal activities or programs such as
budgets, inventory, annual financial closings, labor negotiations, and recreation
programs.
87.3 All overtime must be approved by the department head. Any deviations from these
guidelines must be approved in advance by the department head and the City Manager.
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
87.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for
compensatory time shall be one and one-half hours for each hour worked.
8-7.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the
books at any time. 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.
87.6 Upon separation, the employee will be paid at the employee's current hourly rate or -the- Formatted: Indent: Left: 0", Hanging: os"
average- of the last three years, whichever is higher for the remaining compensatory
balance.
-7.7 Upon promotion into a Mid -Management position all previously accrued compensatory time
must be paid or used prior to the promotion.
8_8 Fire Division Chief is considered an exempt classification not subject to any of-theFormatted: Indent: Left: 0°, Hanging: 0.5",
exceptions —for overtime specified in this section. However, for the purposes of and in No bullets or numbering
recognition of San Joaquin County Strike Team Agreements, Division Chiefs and Battalion
Chiefs will be allowed to participate in Strike Team Operations and be eligible for
overtime as provided for in said agreements.
ARTICLE IX – CATASTROPHIC LEAVE
Formatted: Normal, Line spacing: single
9.1 Members of this bar ag ining�p shall be covered by and subject to the Citywide Formatted: Font: 12 pt
Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual.
ARTICLE XVI - RETIREMENT
109.1 The City of Lodi provides retirement benefits through the Public Employees
Retirement System PERS . Employees shall receive the following retirement benefits.
The following plan is available to employees hired prior to December 22, 2012 and deemed to be
"classic" employees by PERS:
Safety 3% @ 50 plan
• 1957 Survivors Benefit
• 1959 Survivors Benefit -3rd Level
• Employee' ° shall pay the
full emnlovee share of retirement costs
((9%) as calculated by PERS in its annual
actuarial valuation
• Credit for Unused Sick Leave
• Military Service Credit as Public Service
• Single Highest Year
Employees shall pay the employee
July 2012
, o
poFtion
2013 3%
of Retirement Benefits as follows:
July 1, 2013 through Peeemher
31, 2013
6%
jai+uafy 1, 2014 0
-- Formatted: List Paragraph, Bulleted + Level: 1
+ Aligned at: 0.75" + Indent at: 1"
Formatted: Font: 12 pt
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
8410.2 Employees hired after Januafy4December 22, 2012 and deemed to be "classic" -- Formatted: Indent: Left: 0.25", No bullets or
employees by PERS shall have the following retirement benefit: instead of the benefit numbering
Safety 3% @ 55 plan
1957 Survivors Benefit
1959 Survivors Benefit -3`d Level
Employee shall pay the full
employee share of retirement costs (9%, as
calculated by PERS in its annual actuarial
valuation
Credit for Unused Sick Leave
• Military Service Credit as Public Service
fefmala as detei:miaed by the LPF (single
highest yeaf-ffAverage of three highest
consecutive years av e hfe v fo
Formatted: Font: 12 pt
Formatted: List Paragraph, Bulleted + Level: 1
+ Alioned at: 0.75" + Indent at: 1"
f --- Formatted: Indent: Left: 3.25", Tab stops:
Not at 0.25"
c 1ty agrees es to provide the tollowmg retirement program Tor employees deemed to be "new" Formatted: Font: 12 pt
employees by PERS under the Public Employee's Pension Reform Act of 2013 (P PRA): Formatted: List Paragraph, Outline numbered
• Safety 2.7% (6& 57 plan . + Level: 2 + Numbering Style: 1, 2, 3, ... +
Start at: 3 +Alignment: Left +Aligned at: 0" +
• 1957 Survivors Benefit Indent at: 0.29"
• 1959 Survivors Benefit — 3kd Level Formatted: List Paragraph, Bulleted + Level: 1
• Average of three highest consecutive years �, + Aligned at: 3" + Indent at: 3.25"
• Credit for Unused Sick Leave Formatted: Superscript
• Military Service Credit as Public Service
• Employee shall pay the full employee share of
retirement costs as calculated by PERS in its
annual actuarialyaluatioTl Formatted: Font: lz pt
ARTICLE XIX -VACATION LEAVE
119.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Forty Hour Work Week:
Beeinnine with:
Date of Hire:
3.08 hours per pay period
6th year
4.62 hours per pay period
12th year
5.23 hours per pay period
15th year
6.16 hours per pay period
21 st year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23rd year
7.09 hours per pay period
24th year
7.40 hours per pay period
25th year
7.71 hours per pay period
Shift (56 hour work week) Employees:
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
BeLyinnine with:
Date of Hire:
5.54 hours per pay period
6th year
8.31 hours per pay period
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
25t1i year/above
13.88 hours per pay period
Vacation leave shall be used in increments of not less than quarter hours. Maximum
vacation accrual (carry over) shall follow the City's Vacation Leave Policy.
11.2 Members shall have the option of cashing out any vacation time in excess of 2 Formatted: Indent: Left: 0.25", No bullets or
tours, or 80 hours for those who work a 40 -hour workweek. Members may request a cash numbering
out of vacation twice per year, in April and October; balances will be paid in the
employee's regularly scheduled paycheck.
ARTICLE XII - ADMINISTRATIVE LEAVE
124-0.1 Employees will be given 80 hours of administrative leave (or 120 hours for shift
personnel) per calendar year. Leave shall be taken in increments of not less than quarter
hours. Balances must be used prior to December 30 or they will be lost.
124$.2 New employees or employees becoming eligible due to a promotion receive
administrative leave on a prorated basis, with six point six seven (6.67) hours granted for
each full calendar month remaining in the calendar year with a maximum of 80 hours.
Shift employees will be granted 10 hours leave for each full calendar month remaining in
the calendar year with a maximum of 120 hours.
124-0.3 Employees separating mid -year will receive a cash pay out for unused Administrative
Leave on a prorated basis in accordance with this section.
1240.4 Employees are eligible to cash out up to half of their current Administrative Leave
balance in any calendar year except in the months of May and June. A request to cash
out Administrative Leave must be in writing and submitted to the Finance Division.
ARTICLE XIII - HOLIDAYS
1344.1 Effective January 2004, employees shall receive either 108 hours (non -shift) or 156 hours
of holiday leave te eempens4e fer- the addition of MaFtin Luther King, jr-. biAhday as
fixed keliday. In January of each year, every member's holiday account will be credited
with the appropriate number of holiday hours. Employees hired mid -year or terminating
mid -year shall have holiday hours credited or deducted at the rate of 6.0 hours for shift
employees and 4.15 hour _s for non -shift employees per pay period. ; - Formatted: Font: 12 pt
1344.2 Holiday hours shall be taken in increments of not less than quarter hours and may
not be carried into the following calendar year. Each year, the pay period in which
December 1 falls, employees will be paid for the unused holidays at the straight -time rate.
10
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
ARTICLE XIV — LEAVE OF ABSENCE
of Absence policy.
ARTICLE XVII - SICK LEAVE
15.1 Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40
hour work week and 5.54 hours for shift (56 hour work week) employees. There is no
limit on the amount that can be accumulated. Total sick leave accrued is 12 days per
year. Sick leave shall be taken in increments of not less than quarter hours.
ARTICLE XVIII - SICK LEAVE CONVERSION
1644.1 Employees hired prior to December 6, 1995, after 10 years with the City and only upon
retirement, may convert their accumulated sick leave time to medical insurance premiums
or cash under the following options:
OPTION #1 - "Bank"
The number of accumulated hours shall be reduced by 16-2/3% and the remaining
balance converted into days. The days are then multiplied by the current monthly
premium being paid for the employee and, if applicable, his/her dependents. Fifty
percent of that dollar amount will be placed into a "bank" to be used for medical
insurance premiums for the employee, and if applicable, his/her dependents. For each
year of employment over 10 years, 2.5% will be added to the 50% used in determining
"bank" amount. Total premiums shall be paid from the Bank until its depletion, at which
time the conversion benefit stops.
Employees may also use their banks money to purchase Dental and/or Vision Insurance
at the current premiums until their bank is depleted.
OPTION #2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days.
The City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
premium paid by the City at the time of retirement, subject to the cap shown in Section
19.1. Any differences created by an increase in premiums must be paid for by the
employee.
OPTION #3 - "Cash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the
rate of 30% of base pay per hour.
OPTION #4 — "Service Credit"
A retiring employee will be able to convert unused sick leave to service credit for
CalPERS retirement purposes.
Formatted: Normal, Tab stops: Not at 1.38" +
1.5" + 2" + 3.13" + 3.5"
Formatted: Font: 12 pt
Formatted: Normal, Indent: Left: 0",
Hanging: 0.5", Tab stops: Not at 1.38" + 1.5"
+ 2" + 3.13" + 3.5"
Formatted: Font: Not Bold, No underline
Formatted: Normal, Tab stops: Not at 1.38" +
1.5" + 2" + 3.13" + 3.5"
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
X16.2 Employees hired after December 6, 1995 -will not have the option of converting unused
sick leave time into medical insurance premiums or cash as referenced in OPTION 1-3.
The only option available to these employees is OPTION #4 "PERS GREDIT-Service
Credit". If an individual previously qualified for the sick leave conversion option while
in the United Professional Firefighters unit, they will retain their eligibility if promoted to
Fire Mid -Management with an effective date of December 6, 1995.
1644.3 In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversion program (10 years) the surviving dependents have an interest in
one-half (1/2) the value of the bank as calculated in section 13.1.
16.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave
Conversion program to purchase medical insurance at the employee only premium for the
same period as if the retiree had not died.
1644.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the
option of purchasing at the prevailing rate additional medical insurance for an unlimited
amount of time.
1644.6 Out of area retirees may receive reimbursement for medical insurance premiums up to
the City's liability as specified in Section 13.1; Option #2.
16.7 Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirement the employee may re -enroll as an individual into the
health plan in order to take advantage of the Sick Leave Conversion program.
1644.8 A retiree or surviving dependent may purchase dental and vision insurance at the City
group rate through the Sick Leave Conversion Bank option.
ARTICLE XIEVII - SURVIVORS BENEFITS
17.1 The City shall pay in accordance with 16.1 for health and dental benefits described in this- —. Formatted: indent: Left: 0", Hanging: 0.5"
MOU for the Surviving spouse and any minor children of any member of the Fire Mid -
Management group who is killed or dies during the performance of official duties. .
Premiums will continue to be paid by the City until such time such time as the surviving
spouse is covered by other insurance or remarries, and for dependent children of the
member killed in the line of duty until such time as either:
a. the children become adults, or
b. the children are covered under other alternative medical coverage provided by and
through the surviving spouse or the person who he/she remarries.
ARTICLE XVIII - EXECUTIVE PHYSICAL EXAMINATION
184-5.1 Employees may elect to receive an executive physical examination in accordance with
the provisions of the City's medical insurance plan to include any and all of the following
procedures as applicable and as deemed necessary by the employee's physician:
• A complete office examination • An executive blood panel
• Urinalysis • Mammogram
12
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
• Pap smear Chest X-ray
• EKG (resting)
184.2 Employees shall be reimbursed for costs not covered by the medical insurance for the
procedures referenced in this section. Any additional tests judged necessary shall be the
responsibility of the employee. Employees must submit all related receipts, attached to a
claim voucher, to the Finance Department for reimbursement.
ARTICLE XVIX - MEDICAL INSURANCE
194-6.1 All employees are offered medical insurance for themselves and dependents through Cal
PERS-Medical Plans. City shall pay 100% premium for the employee's family category
(Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's
geographical area (excluding Porac) as of January 1 201-24. The Gitzy will waive the
etiffeat employee medioal eentribu4ion effeetive the fir-st pay period that begins two
weeks after this ee en4 is approved by Couneil. If Employee selects a higher cost
plan, Employee will pay the difference as a payroll deduction. If an employee elects not
to be covered by medical insurance through the City of Lodi, an additional $692.81 per
month for family or $532.92 for employee + 1 dependent will be added to either the
employee's deferred compensation account or cash. A single employee who can show
proof of group insurance will be eligible for $305.22. In order to qualify for this
provision, proof of group insurance must be provided to the City. This apt oidt pr-avisie
will take effeet if4hen the City Couneil approves similar- modifieations to the LPF
0
Effective January 1. 2014. the Citv's contributions to the premiums for medical insurance
coveraee will be canned at the followine rates and enmlovees will be responsible for
premium costs in excess of this amount:
Single $657.33
Employee + 1 $1,314.66
Family $1,709.06
194.2 Only one City of Lodi employee may carry dependent coverage for another City
employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by
the City of Lodi on a quarterly basis.
443 19.3 The City intends to propose a Cafeteria -based benefit program in 20142 -- Formatted: indent: Left: 0.42", No bullets or
with an effective date of January 1, 20135. This program would incorporate, but not numbering
be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed
13
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
terns of this agreement 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 XXV4-I - DENTAL INSURANCE
20.1 Employees are provided fully paid family dental insurance.
20.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendar year. There is a $25 deductible plus co-insurance features.
ARTICLE XXV4II - VISION INSURANCE
21.1 The City shall provide and pav 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 eve1y two
ey ars•
ARTICLE X-1XII - LIFE INSURANCE
2241.1 Employees are provided with term life and accidental death/dismemberment insurance at
a benefit rate of $25,000. This benefit decreases after age 70 on a sliding scale,
depending on age.
2241.2 Employees are provided with $100,000 of accident insurance while traveling on City
business outside the City limits. Spouses are only covered while accompanying the City
employee on City business, or while conducting business on behalf of the City.
2241.3 Employees are also provided with a $25,000 accidental death policy in the event of death
resulting from a line -of -duty injury.
ARTICLE XXIII - CHIROPRACTIC INSURANCE
23.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
23.2 The City shall pav the full costs of premiums for the employee and dependent(s) during
the life of this agreement.
ARTICLE XXIV - UNIFORM ALLOWANCE
--I Formatted: Indent: Left: 0", Hanging: 0.5"
14
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
24.1 The uniform allowance shall be $950.00 per year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
24.2 In addition to the above uniform allowance. Citv aerees to make a one-time. non -PERS -
able payment of one percent (1%) of employees' base salary as shown in schedule A
toward the uniform allowance to each member of the bargaining unit who is employed by
the City on the date of approval of this Statement of Benefits by the City Council.
Payment will be made in a lump sum manner along with a regularly scheduled pay check
within two pay periods of approval of this Statement of Benefits by the City Council.
This clause will sunset on December 31, 2014.
ARTICLE XXVI - TUITION REIMBURSEMENT
24-4 25.1 Tuition Reimbursement -- Formatted: No bullets or numbering
a. Employees shall r-eeeiye �uitie ro;.t.l. r-sement in the ..«.et t of $5,822 f r 4ti u
...7 of July i 2012 ♦L...ugh Ta*e 30 2013 plus the full eest of leeks f r eeufses
taken.
alp. Employees shall receive tuition reimbursement in the amount of $4,411 for the
period of July 1, 2013 though June 30, 2014 plus the full cost of books for courses
taken
eb. Other than the tuition reimbursement amounts listed above, criteria for tuition
reimbursement shall follow the City's Tuition Reimbursement policy.
dc. This incentive in Article XXIII shall sunset on June 30, 2014 and default, for all
purposes, to the City's Tuition Reimbursement policy.
24-.2 25.2 Training Reimbursement --J Formatted: No bullets or numbering
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 per fiscal year, to be paid upon the satisfactory
completion of course work. Any expenses are subject to the approval of the Fire Chief.
ARTICLE XXVII - 56 -HOUR WORKWEEK
26.1 The work schedule, 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 wer,. ,,,a.edule f r ,.,,lendr
yeaf 2013 may eha-age pr-edieated on the review of the ealeadaf yeaf 2012 "48,196" work
sehedule. if the work sehedule ehanges for- ealendar- year- 2013, it would r-evei4 to t
en diity shifts in nine 24 hetir- per-ieds. The FLSA wefk eyele will also rv-,xeA to a 27 -da -y
work e
2624.2 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.
15
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
2622.3 It is agreed that if the work schedule of a Fire Mid -Management employee is a 40 -hour
week, then all holiday, vacation, and sick leave benefits are based on a 40 -hour week
rather than a 56 -hour week.
2622.4 In order to convert the hours for employees that move from a 40 hour work week to a 56 -
hour work week, the following formulas will be applied:
For conversion of Vacation:
From 40 to 56 hours........ Multiply by 1.8
From 56 to 40 hours........ Multiply by .555556
For conversion of Holiday and Sick Leave and Comp Time:
From 40 to 56 hours........ Multiply by 1.5
From 56 to 40 hours........ Multiply by .666667
ARTICLE XXVIII - PERSONAL LIABILITY
2724.1 Employees shall be indemnified and held harmless by the City against all costs, legal
expenses, and liability arising out of decisions made in their capacity for the City of Lodi
and/or from any cause of action for property damage, or damages for personal injury,
including death, sustained by person(s) as a result of a decision made in their capacity,
except that:
a. The City is not required to but may provide for the defense of an action or proceeding
brought against an employee or former employee if the City determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, corruption, or actual malice; or
3. The defense of the action or proceeding by the City would create a conflict of
interest between the City and the employee or former employee.
b. The City is not required to but may pay any claim of judgment for punitive or
exemplary damages under the following circumstances:
1. The judgment is based on an act or omission of an employee or former
employee acting within the course and scope of their employment as an
employee of the City.
2. At the time of the act giving rise to the liability, the employee or former employee
acted, or failed to act, in good faith, without actual malice and in the apparent best
interests of the City.
3. Payment of the claim of judgment would be in the best interests of the City.
ARTICLE XXIEVIII - GRIEVANCE PROCEDURE
2824.1 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. Interpretation or application of any of the benefits listed herein.
16
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
b. Disputes as to whether a matter is proper subject for the Grievance Procedure.
C. Disputes which may be of a "class action" nature filed on behalf of the employees
or the City.
2824.2 Class action Grievances shall be submitted in writing to the City Manager or vice
versa.
2824.3 STEP ONE
Discussion between the employee and the immediate supervisor, who will answer within
fifteen work days. This step shall be taken within thirty days of the date of the action
complained of, or the date the grievant became aware of the incident which is the basis of
the grievance.
2824.4 STEP TWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion
between the employee, and the Department Head who shall answer within fifteen work
days. This step shall be taken within fifteen work days of the date of the immediate
Supervisor's answer in Step One.
t_ Formatted: Body Text Indent 2, Justified,
Space Before: 6 pt
17
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
2824.5 STEP THREE
If a grievance is not resolved in Step Two, Step Three shall be the presentation of the
grievance, in writing, by the employee to the City Manager, who shall answer, in writing,
within fifteen work days of receipt of the grievance. The City Manager's decision shall
be final and binding. Step Three shall be taken within fifteen work days of the date of the
answer in Step Two.
2824.6 STEP FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be
requested (and the City will enter into) by the Fire Mid -Management group, upon which
costs will be equally borne between the City and the LFMM.
ARTICLE XXIXY - DISCIPLINARY PROCEDURE
2923.1 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated
by the City department head for cause against any employee under his/her supervision.
Disciplinary actions in the form of termination or discharge shall be subject to final
approval from the City Manager.
2923.2 Notice (except in the case of oral or written reprimand): Notice of Intended
Disciplinary Action shall be prepared in writing by the department head proposing the
discipline and shall be served on the employee in person or by registered or certified
mail. Notice shall be served prior to the action becoming effective; however, where
circumstances require immediate removal of the employee from the workplace, notice
shall be provided within two (2) working days from the date the employee is removed
from the workplace. Employees so removed shall be placed on paid leave pending
imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also
be filed with the Human Resources Director. The written Notice of Intended Disciplinary
Action shall contain the following information:
1. The specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or cause(s) for the actions;
4. Notice that the employee may inspect copies of all materials upon which the action is
based, and
5. Notice that the employee has the right to respond orally or in writing within ten (10)
days to the department head initiating the disciplinary action. No hearing before the
City Manager is available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled to
meet in an informal conference with the department head and shall be given the
opportunity to rebut the charges against him/her or to state any mitigating circumstances.
In the case of oral or written reprimand, the department head's decision shall be final. In
the case of discharge, demotion, suspension, or reduction in pay, the department head or
other City designee shall hear and consider the facts presented by the employee and shall
thereafter submit a written recommendation to the City Manager to either impose, rescind
18
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
or modify the proposed disciplinary action. The recommended proposed disciplinary
action shall also be served on the employee. The recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cause(s) for the actions;
2923.3 Final Notice of Disciplinary Action: Following review of the department head's
recommendation and the determination by the City Manager, the City Manager shall
prepare a Final Notice of Disciplinary Action, advising the employee of the action to be
taken, its effective date, and the employee's appeal rights.
1. Disciplinary action shall become effective on the date stated in the Final Notice of
Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the
Human Resources Director. The Final Notice of Disciplinary Action shall be
delivered personally to the employee or shall be sent by registered or certified mail.
2923.4 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and
the affected employee is not satisfied with the decision rendered by the City Manager, the
employee may appeal the decision. The employee may appeal disciplinary decisions by
filing a written appeal with the Human Resources Director within fifteen (15) work days
following service of the Final Notice of Disciplinary Action. The written appeal shall
contain a written reply to the charges against the employee and written request for an
appeal hearing. The employee shall submit a copy of the appeal to the City Manager.
2923.5 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer
selected through the California State Mediation and Conciliation Services to hear the
appeal and submit an advisory decision to the City Manager. Selection of the hearing
officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers
from the office of the California State Mediation and Conciliation Services. Absent
mutual agreement on a name on the list, the parties will strike names from the list for
final selection of the hearing officer. The selected hearing officer shall adhere to the
following standard of review and hearing procedures:
1. The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening
and closing statements, and file written closing briefs. Witness testimony shall be
under oath or affirmation.
3. The hearing officer may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
4. Attendance at the appeal hearing shall be limited to those determined by the hearing
officer to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to testify only in
the presence of the employee or his/her representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises.
19
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited
to reviewing the factual basis supporting the discipline and determining that the
factual basis was reached honestly, after a fair, appropriate and procedurally correct
investigation and for reasons that were not arbitrary, discriminatory or pretextual.
Should the hearing officer, conducting the review specified above, affirm the factual
basis for the discipline decision, he/she may not substitute his/her judgment for that of
management's as to the level of discipline imposed. Should the hearing officer not
affirm the factual basis for the discipline, the normal remedy will be to remand the
matter to the decision level where the error occurred for reevaluation and/or
correction consistent with the hearing officer's findings. In such a case, the hearing
officer will have the authority to retain jurisdiction over the appeal to ensure
compliance with the remand decision.
7. The cost of the hearing officer shall be borne by the City. The parties will share
equally the cost of the court reporter and each side will bear their respective costs of
representation.
2923.6 Any decision of the City Manager shall be final and binding.
2923.7 Judicial review of any decision rendered under this section shall be governed by Code of
Civil Procedure section 1094.5
ARTICLEfdeIe XXXVI —CITY RIGHTS
302-6.1 It is further understood and agree between the parties that nothing contained in this
statement of benefits shall be construed to waive or reduce any rights of the City, which
include but are not limited to, the exclusive rights to:
• Determine the mission of its constituent
departments, commissions, and boards
• Set standards of service
• Determine the procedures and standards of
selection for employment
• Direct its employees
• Maintain the efficiency of governmental
operations
• Determine the methods, means, and personnel by which government operations
are conducted
• Take all necessary actions to carry out its
mission in emergencies
• Exercise complete control and discretion and the technology of performing its
work.
City Rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees from duty because of lack of work or other
legitimate reasons, to make and enforce standards of conduct and discipline, and to
determine the content of job classifications.
ARTICLE XXXV1I — DEPARTMENT SANCTIONED TEAMS
312-7.1 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
20
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
is established, minimum standards for inclusion and retention as a team member shall be
developed and ratified by the Fire Chief Any member of the department who becomes a
member of a recognized specialized team, shall receive a 2.5% salary increase for as long
as he/she meets the minimum entry level requirements and maintains a minimum level of
participation as outlined in the team membership requirements. Each employee of the
department can only receive 2.5% of salary for team membership, regardless of the
number of teams the employee belongs to.
31.2 Existing members of the Hazardous Materials Team shall remain members of the team
and shall continue to receive the 2.5% salary increase. The three members of the
department who meet the minimum requirements for inclusion on the Hazardous Material
Team shall be able to join the team and receive the 2.5% salary increase upon ratification
of this contract. However, no additional team members shall be assigned to the
Hazardous Material Team until the membership falls below 12 members. There shall be
a six month period for the team to develop acceptable performance standards for
maintaining his/her membership on the team.
312'7.3 The development of new teams shall require the submittal of minimum entry level and
performance criteria for maintenance of membership to the Fire Chief prior to the
development of the team. The Fire Chief shall have the sole discretion as to the
appropriate number of members per specialized team. The department shall make every
effort to develop a cadre of specialized teams to adequately address the needs of its
members.
2�4 31.4 Upon ratification of the MOU, the 2.5% salary increase resulting from- Formatted: No bullets or numbering
membership in the above sanctioned teams shall be incorporated into salary and the incentive
shall be eliminated. Each member of the department shall be a member of a sanctioned team and
the scope and nature of the teams shall remain as detailed in this Article-.
ARTICLE XXXII — COMPLETE AGREEMENT
32.1 The parties acknowledge that duringthe he negotiations which resulted in this SOB, each
had the unlimited right and opportunity to make demands and proposals with respect to any
subject matter not removed by law from the scope of negotiations, and that the understandings
arrived at by parties after the exercise of that right and opportunity are set forth in this SOB.
An, other existing understanding or agreements bheparties, whether formal or informal,
regarding such matters are hereby superseded or terminated in their entirety.
ARTICLE XXXIII — SEVERABILITY
33.1 In the event any provision of this SOB 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.
21
FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS
Schedule A
Salary effective January 1, 2014
22
Step A
Step B Step C Step D
Step E
Fire Battalion Chief
$7,574.28
$7,952.99 $8,350.64 $8,768.17
$9,206.58
Fire Division Chief
$9,089.13
$9,543.58 $10,020.76 $10,521.80
$11,047.89
22
FIRE MID -MANAGEMENT —STATEMENT OF BENEFITS
CITY OF LODI
a Municipal corporation
Stephen Schwabauer
Interim City Manager
Date:
DE n NrT T n r CnT n r COJordan Avers
14R ManagwDeuuty City Manager
U 9 U O1TAUN7_VIKOMWOVA
D. STEPHEN SCIPA I -B E-Wanice Ma dg ich
Interim City Attorney
23
LODI CITY FIRE MID -MANAGEMENT.
Ron Penix
Representative
Date:
Jeff Larson
Representative
RESOLUTION NO. 2014-44
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 STATEMENT OF BENEFITS AND ONE-TIME ADJUSTMENTS
FOR LODI FIRE MID -MANAGEMENT AND FURTHER
APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and Lodi Fire Mid -Management
have bargained in good faith for the purpose of approving the 2014 Statement of
Benefits; and
WHEREAS, it is recommended that Council approve the attached 2014
Statement of Benefits (Exhibit A) with the Lodi Fire Mid -Management, including the
following:
® Base one-time non -PERS -able payment of $2,300;
® Increase to the January 2014 Medical Cap (as defined in detail below):
® One-time non -PERS -able additional uniform allowance payment equal to one
percent of employee's base salary to all members of this bargaining unit.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Statement of Benefits (Exhibit A) between the City of Lodi
and Lodi Fire Mid -Management, including the one-time amendments as outlined above;
and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: March 19, 2014
I hereby certify that Resolution No. 2014-44 was passed and adopted by the Lodi
City Council in a regular meeting held March 19, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
L-01-JOHL-OLSON
City Clerk
2014-44
Current
Pro op sed Difference
Single _
$610.44
$657.33 $46.80
loyee + 1 _
$1,220,88
$1,314.66 $93.76 _._.....
Family
$1,587.14
_$1,709.06 $121_92
® One-time non -PERS -able additional uniform allowance payment equal to one
percent of employee's base salary to all members of this bargaining unit.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Statement of Benefits (Exhibit A) between the City of Lodi
and Lodi Fire Mid -Management, including the one-time amendments as outlined above;
and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: March 19, 2014
I hereby certify that Resolution No. 2014-44 was passed and adopted by the Lodi
City Council in a regular meeting held March 19, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi,
and Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
L-01-JOHL-OLSON
City Clerk
2014-44
1. AA##
2. JV##
'g`7
' =r ' `f�•r 'e�-vrn'2{ L .i " S ��:tnrti s?'.t�-y;-.i, s�xly .. '•i?,�l,>, k s.t. �tr.^a,c.-�b^^`.L'...3
z
{fal tY fo
't _ ..Sd?I
s
Dept,•. Divfsion
�•
ordanAyers 15. DATE:
DEPARTMENTIDIVI SION:
FUND ## BUS, UNIT # ACCOUNT #v ACCOUNT TITLE AMOUNT
A. 100 3205 Fund Balance $ 20,100.00
SOURCEOF
FINANCING
B. 100 102012 7101 Regular employee salary $ 20,100.00
USE. OF
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. if you need more space, use an additional sheet and attach to this form.
Appropr€atfon increase associated with adjustments to the Lodi Mid Management Statement of Benefits adopted on March
19, 2014
If Counci€ has authorized the appropriation adjustment, complete the following:
Meeting Date: 3119114 Res No: Attach copy of resolut€on to this form.
Department Mead Signature:
fp f. F � $ �����fi.!.'r f ,i�y s'��t° ��'�ix�.'�i3't�w•�n`��t'�..-Tnry��. 'fix{1�r�'rXi�,r'e°�#?,{o�f^* .5�^." :�`� 7�J.; ��� ..�':.`�1��''o-F:
r Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
'' •
;, i
;t �. ,� � � 1 ,�.
FIRE'. TMA.NAGI.NEN"I' .- ST'A_rI MEN OF,BENEFITS
PAGE 1i
Article I
Salary
3
Article II
Deferred Compensation
3
Article III
Flexible Spending Account
3
Article IV
Chiropractic
4
Article V
Education Incentive
4
Article VI.
.fury Duty
5
Article VII:
Longevity Pay
5
Article VIII
Overtime
6
Article IX
Catastrophic Leave
7
Article XX
Retirement
7
Article XI
Vacation Leave
8
Article XII
Administrative Leave
8
Article XIII
Holidays
9
Article XIV
Leave of Abscnce
9
Article XV
Sick Leave
9
Article XVI
Sick Leave Conversion
9
Article XVII
Survivors Benefits
I I
Article XVIII
I�xecutive Physical Examinations
I 1
Article XIX
Medical Insurance
I I
Article XX
Dental Insurance
12
Article XXI
Vision Insurance
12
Article XXII
Life Insurance
12
Article XXIII
Chiropractic Insurance
12
Article XXIV
Uniforin Allowance
13
Article XXV
"Nition Rein-lbursement
13
Article XXVI
56-1 lour Work. Week
13
Article XXVII
Personal Liability
14
Article XXVIII
Grievance Procedure
14
Article XXIX
Disciplinary Procedure
15
Article XXX
City Rights
17
Article XXXI
Department Sanctioned 'I'eari- s
18
Article XXXII
Complete Agreement
19
Article XXXIII
Severability
19
SOlFDULF A
Salary Schedule
20
FIRE MID -MANAGEMENT
FIRE MID -MANAGEMENT CLASSIFICATIONS
Fire Division Chief
Fire Battalion Chief'
ARTICLE I - SALARY
1.1 City shall provide a one -tine, non -PERS -able payment of $2,300 to each member of this
bargaining unit who is employed by the City on the date of approval of this Statement of
Benefits by the City Council. Payment will be made in a lump sum manner along with a
regularly scheduled pay check within two pay periods of approval of this Statement of
Benefits by the City Council,
1.2 Employees shall have the same Bilingual Incentive as set forth in the LPI' MOU.
1.3 The City of Lodi and the lire Mid -Management group agree that the term of this
agreement is January 1, 2014 to December 31, 2014.
1.4 If any City bargaining unit; bargaining group, executive ii anagen-ient as a group,
appointees as a group or City Council receives a salary increase or one-time restoration
payment that is greater- than the base payment of $2,300 received by the Fire Mid -
Managers per Section 1.1 of this Statement of Benefits (excluding step increases or the
equivalent), or a higher value medical and/or retirement benefit (except I.BEW
retirement) applicable to all members of the group for the MOU negotiated (or
last/best/final offer imposed) that otherwise expired on November 30, 2013 or December
31, 2013, or by resolution adopted by Council, this unit will receive the same benefit.
This clause shall not be triggered as a result of a delay in implementing the medical cap
to give affected employees the opportunity to move to a lower cost plan upon the next
available open enrollment period,
ARTICLE II - DEFERRED CONIPLNSATION
2.1 Employees may participate in the City's Deferred Compensation Plan_
2,2 The City matches up to a r»aximun-i of 3.0% of base salary.
ARTICLE III - FLEXIBLE SI"ENDING ACCOUNT
3.1 Employees shall have the option of participating in the Flexible Spending .Account
(Section 125 flan). Employees may elect to participate in;
a, Premium Conversion
b. Non -reimbursed Health Care
C. Dependent Care Reimbursement
3.2 I3lections for the calendar year will be made each December, or if a change in family
status occurs. Money not used by the end of each calendar year will be f'orf'eited by the
employee.
M
FIRE MTD -MANAGEMENT - STATEME NT Oh BENT',' ITS
ARTICLE IV - CHIROPRACTIC
4.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan. This benefit allows up to a maximum of 40 visits per
calendar year. Co -payments for services are $10.00.
ARTICLE V - EDUCATION INCENTIVE
5.1 Education incentives will be available to eligible employees for specified degrees,
certifications, and licenses,
5.2
5.3
5.4
Associate of Arts Degree - $50.00 per month if thc:
a, AA Degree is in Dire Science or related field;
b, AA Degree is in a non -related field with a fire Science Certificate from an accredited
institution.
c. Employee has AA Degree and is actively pursuing a Bachelor of Arts degree
Or:
Bachelor of Arts Degree - $100.00 per month.
If an employee possesses a BA degree, he/she will receive a maximum of $100,00 under
Section 5.2
This incentive in this subsection 5.2 is limited to employees hired prior to March 16,
2012.
Emergency Medical Technician
$200.00 per month
Employees will receive education incentive pay for the following certifications:
Certified Chief Officer
Certified hire Officer
Certified Fire Investigator
Certified hire Instructor
Certified Dire Prevention Officer
Certified Public Education Off icer
Certified lire Chief
$100.00 per month
$50.00 per month
$12.50 per month
$25.00 per month
$25.00 per month
$12.50 per month
$25.00 per month
5.5 Employees shall receive a maximum of $250.00 per month for incentives listed in
subsection 5.4. However, an additional $25.00 per month may be earned if the employee
possesses a Hazardous Materials Specialist/'Technician Certificate.
.5.6 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.
11
FIRE MID-MANAG MI N'I' — S'I'A'1`EMI-;N'I' Oh 131-,NI l,'I'1'S
ARTICLE VI — JURY DUTY
6.1 All full-time regular crnployees are granted jury duty leave with pay. Any ernployce 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.
6.2 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.
6.3 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 far jury duty.
6.4 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 tinge 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 tinges 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 payn-rent 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.
6.5 Voluntary Grand .fury service such as that service in San Joaquin County, is not covered
by .fury Duty leave.
ARTICLE VII - I,®NGEVITY PAS'
7.1 After completing tern years of service with the Lodi Ltire 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 Dire Department. Employees who have completed
twenty years of service with the Lodi Fire Department will receive longevity pay iii the
amount of $3,000 in Novernber 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 31" meet the service
level requirements (either ten frill years or twenty full years frorn the first day of the
month in which they started their employment with the City of Lodi hire Department)
shall receive the longevity pay associated with their years of service with the Lodi Fire
Department.
'I•he incentive in Article VII is limited to employees hired prior to March 16, 2012.
.5
I`IRI? MID-MANAGI MI NI` — S'I'A'CI MT N'r OP BENEI'["f5
ARTICLE VIII - OVERTIME
8.1 Due to the fact that the classifications in this bargaining unit are deerned exempt from the
overtime requirements of the Fair Labor Standards Act (FLSA), the following special
provisions for the payment of overtime will apply. Employees shall be compensated for
overtime at the time and one-half rate for time worked due to emergencies. Overtime for Dire
noir-shift employees is based on a 40 hour work week. Overtime for Fire shift employees is
based upon a 56 hour work week. Emergencies shall be determined by the appropriate
department head and include but are not limited to such events as:
Major storm damage requiring the dispatching of additional crews;
® The necessity to cover scheduled shifts;
Direct supervision of crews assigned to work during normal days off to accommodate
the public;
® Break down of equipment and/or systems requiring the presence of the mid -manager ill
order to restore service.
8.2 Overtime pay shall not be paid for the following:
Staff meetings
® Special projects
Conferences and seminars - except as noted below
Appearances before City Council and commissions,
* Public information presentations,
Activities involved with the completion of normal activities or programs such as
budgets, inventory, annual financial closings, labor negotiations, and recreation
prograins.
8.3 All overtime must be approved by the department head. .Any deviations from these
guidelines must be approved in advance by the department head and the City Manager.
8.4 I3mployces may accrue compensatory time in lieu of overtime pay. The accrual rate for
compensatory thrie shall be one and one-half hours for each hour worked.
8.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the
books at any time. 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.
8.6 Upon separation, the employee will be paid at the employee's current hourly rate or the
average of the last three years, whichever is higher for the remaining compensatory balance.
8.7 Upon promotion into a Mid -Management position all previously accrued compensatory tirne
must be paid or used prior to the promotion.
8.8 Fire Division Chief is considered an exempt classification not subject: to any of the exceptions
for overtime specified in this section. I-Iowever, for the purposes of and in recognition of San
Joaquin County Strike Team Agreements, Division Chiefs and Battalion Chiefs will be allowed
to participate in Strike Team Operations and be eligible for overtime as provided for in said
agreements.
6
FIRE, MID-MANAGI3MEN]' — STAII'M]_N`I' OP BENEFITS
ARTICLE IX — CATASTROPHIC LEAVE
9.1 Members of this bargaining group shall be covered by and subject to the Citywide;
Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual.
ARTICLE X - RETIREMlENT
10.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System (PERS). Employees shall receive the following retirement benefits. The
following plan is available to employees hired prior to December 22, 201.2 and deemed to
be "classic" employees by PFJRS:
0 Safety 3% L 50 plan
® 1957 Survivors Benefit
® 1959 Survivors Benefit -3rd I_evel
® Employee shall pay the full employee share
of retirement costs ((9%) as calculated by
PERS in its annual actuarial valuation
Credit for Unused Sick Leave
® Military Service Credit as Public Service
® Single I1ighest Year
10.2 l',mployees hired alter December 22, 2012 and deemed to be "classic" employees by
PERS shall have the following retirement benefit:
® Safety 31/0 @ 55 plan
r 1957 Survivors Benefit
® 1959 Survivors Benefit -3`1 Level
a Employee shall pay the full employee share
of retirement costs (9%) as calculated by
PERS in its annual actuarial valuation
w Credit for Unused Sick Leave
0 Military Service Credit as Public Service
® Average of three highest consecutive years
10.3 City agrees to provide the following retirement program for employees deemed to be
"near" employees by PERS under the Public Employee's Pension Reform Act of 2013
(PZPRA):
w Safety 2.7%cy) 57 plan
a 1957 Survivors Benefit
f 1959 Survivors Benefit -- 3"! l'_.,cvel
0 Average of three highest consecutive years
® Credit for Unused Sick Leave
a Military Service Credit as Public Service
® I,-mployee shall pay the full employee share
of retirement costs as calculated by PERS in
its annual actuarial valuation
7
1 -IRE MID -MANAGEMENT —STATEMENT MENi' Ol' BENETITS
ARTICLE XI - VACATION LEAVE
I L I Employees hired prior to July 1, 1994 shall receive the following vacation benefits:
Forty Hour Work Week:
I ce inning with:
Date of Hire:
3.05 hours per pay period
6th year
4.62 hours per pay period
12th year
5.23 hours per pay period
15th year
6.16 hours per pay period
21 st year
6.47 hours per pay period
22nd year
6.78 hours per pay period
23rd year
7.09 Hours per pay period
24th year
7.40 hours per pay period
25th year
7.71 hours per pay period
Shift (56 hour work week) Employees
Beuinnina with:
Date of I -lire:
5.54 hours per pay period
6th year
8.31 hours per pay period
15th year
11.08 hours per pay period
21st year
1 1.65 hours per pay period
22nd year
12.20 hours per pay period
23rd year
12.76 fours per pay period
24th year
13.32 hours per pay period
25`x' year/above
13.88 hours per pay period
Vacation leave shall be used in increments of not less than quarter hours. Maximum
vacation accrual (carry over) shall follow the City's Vacation Leave Policy.
11.2 Members shall have the option of cashing out any vacation time in excess of 2 tours, of,
80 hours for those who work a 40 -hour workweek. Members may request a cash out of
vacation twice per year, in April and October; balances will be paid in the employee's
regularly scheduled paycheck.
ARTICLE XII - ADMINISTRATIVE LEAVE
12.1 Employees will be given 80 hours of administrative leave {or 120 hours for shift
personnel) per calendar year. Leave shall be taken in increments of not less than quarter
hours. Balances must be used prior to December 30 or they will be lost.
12.2 New employees or employees becoming eligible due to a promotion receive
administrative leave on a prorated basis, with six point six seven (6.67) hours granted for
each full calendar month remaining in the calendar year with a maximum of 80 hours.
Shift employees will be granted 10 hours leave for each full calendar month remaining in
the calendar year with a maximum of 120 hours.
8
MRL MID-MANAGI%MENt' S'TA'I'1 MIN"T Oi I3t.N) [3I"] S
123 Employees separating mid -year will receive a cash pay out for unused Administrative
L_,eave on a prorated basis in accordance with this section.
12.4 Employees are eligible to cash out up to half of their current Administrative Leave
balance in any calendar year except in the months of May and June. A request to cash
out Administrative Leave must be in writing and submitted to the Finance Division.
ARTICLE XIII - HOLIDAYS
13.1 Effective January 2004, employees shall receive either 108 hours (non -shift) or 156 hours
of holiday leave. In January of each year, every member's holiday account will be
credited with the appropriate number of holiday hours. Employees hired mid -year or
terminating mid -year shall have holiday hours credited or deducted at the rate of 6.0
hours for shift employees and 4.15 hours for non -shift employees per pay period.
13. 2 holiday hours shall be taken in increments of not less than quarter hours and may not be
carried into the following calendar year. Each year, the pay period in which December 1
falls, employees will be paid for the unused holidays at the straight -time rate.
ARTICLE XIV — LEAVE OF ABSENCE
14.1 Leave of Absence is available to employees in accordance with the City's current Leave
of Absence policy.
ARTICLE XV - SICK LEAVE
15.1 Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40
hour work week and 5.54 hours for shift (56 hour work week) employees, "There; is no
limit on the amount that can be accumulated. Total sick leave accrued is 12 days per
year. Sick leave shall be taken in increments of not less than quarter hours.
ARTICLE XVI - SICK LEAVE CONVERSION
16.1 Employees hired prior to December 6, 1995, after 10 years with. the City and only upon
retirement, may convert their accumulated sick leave time to medical insurance premiums
or cash under the following options:
OI' rm o - "Bank"
The number of accumulated hours shall be reduced by 16-213% and the remaining
balance converted into days. "The days are then multiplied by the current monthly
premium being paid for the employee and, if applicable, his/her dependents. Fifty
percent of that dollar amount will be placed into a "bank" to be used for medical
insurance premiums for the employee, and if applicable, his/her dependents. I'or cacti
year of employment over 1.0 years, 2,5% will be added to the 50% used in determining
"bank" amount. 'Total premiums shall be paid from the Bank until its depletion, at which
time the conversion benefit stops,
l-;mployees may also use their banks money to purchase Dental and/or Vision Insurance
at the current premiums until their bank is depleted.
9
MRI" MID-MANAGE'MF'N1'- STA']"EMBN€' OF BYIN1;FITS
OPTION ##2 - "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days.
The City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
premium paid by the City at the time of retirement, subject to the cap shown in Section
19.1. Any differences created by an increase in premiums must be paid for by the
employee.
OPTION f#3 - "Gash -Out"
A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the
rate of 30% of base pay per Dour.
OP'rION 44 -- "Service Credit "
A. retiring employee will be able to convert unused sick leave to service credit for
CaIP1 RS retirement purposes.
16.2 Employees fired after December 6, 1995 will not have the option of converting unused
sick leave time into medical insurance premiums or cash as referenced Ili OP'T'ION 1-3.
The only option available to these employees is OPTION P-4. "Service Credit". If an
individual previously qualified for the sick leave conversion option while in the United
Professional Firefighters unit, they will retain their eligibility if promoted to Dire Mid -
Management with an effective date of December 6, 1995.
16.3 In the event an active employee dies before retirement and that employee is vested in the
Sick Leave Conversion program (10 years) the surviving dependents have an interest in
one-half (1 /2) the value of the bank as calculated in section 13.1.
I6.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave
Conversion program to purchase medical insurance at the employee only premium for the
same period as if the retiree had not died.
16.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the
option of purchasing; at the prevailing rate additional medical insurance for an unlimited
amount of time.
16.6 Out of area retirees may receive reimbursement for medical insurance premiums up to
the City's liability as specified in Section 13.1; Option 42.
16.7 Only one City of Lodi employee may carry dependent coverage for another City
employee, therefore, upon retirement the employee may re -enroll as an individual into the
health plan in order to take advantage of the Sick Leave Conversion program.
1.6.8 A retiree or surviving dependent may purchase dental and vision insurance at the City
group rate through the Sick Leave Conversion Bank option.
10
FIRE" MID -MANAGEMENT - S"t'A'fEMI-:N'FOI�I3INll-. I"I'S
ARTICLE XVII - SURVIVORS BENEFITS
I T I 17he City shall pay in accordance with 16.1 for health and dental benefits described in this
MOU for the Surviving spouse and any minor children of any member of the Fire Mid -
Management group who is killed or dies during the performance of official duties.
Premiums will continue to be paid by the City until such time such time as the surviving
spouse is covered by other insurance or remarries, and for dependent children of the
member Killed in the line of duty until such. time as either:
a. the children become adults, or
b. the children are covered under other alternative medical coverage provided by and
through the surviving spouse or the person who he/she remarries.
AR'T'ICLE XVIII - EXECUTIVE PHYSICAL I�;XAMINATION
18.1 Employees may elect to receive an executive physical examination in accordance with
the provisions of the City's medical insurance plan to include any and all of the following
procedures as applicable and as deemed necessary by the en-rployee's physician:
A complete office examination ® An executive blood panel
® Urinalysis ® Mammogram
Pap smcar ® Chest X-ray
® LKG (resting)
18.2 I'mployees shall be reimbursed for costs not covered by the medical insurance for the
procedures referenced in this section. Any additional tests .judged necessary shall be the
responsibility of the employee. Employees must submit all related receipts, attached to a
claim voucher, to the Finance Department for reimbursement.
ARTICLE XIX - MEDICAI., INSURANCE
19.1 All employees are offered medical 'insurance for themselves and dependents through Cal
PERS-Medical Plans. City shall pay 100% premium for the employee's family category
(Family, Employee --1, Single) for the lowest cost PERS HMC) available in Lodi's
geographical area (excluding Porac) as of January 1, 2014. If I;;mployee selects a higher
cost plan, Employee will pay the difference as a payroll deduction. If an employee elects
not to be covered by medical insurance through the City of Lodi, an additional $692.81
per month for family or $532.92 for employee d- 1 dependent will be added to either the
employee's deferred compensation account or cash. A single employee who can show
proof of group insurance will be eligible for $305.22. In order to qualify for this
provision, proof of group insurance must be provided to the City.
1,.11ective January 1, 2014, the City's contributions to the premiums for medical insurance
coverage will be capped at the following rates and employees will be responsible for
premium costs in excess of this amount:
Single $657.33
I:lmployee -i- 1 $1,314.66
1� amily $1,709.06
Il
DIRE MID-MANAGLMENT--5'I'A`fEMI;N'TOI, Bi N1:?l�'l"I'S
19.2 Only one City of Lodi employee may carry dependent coverage for another City
employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by
the City of Lodi on a quarterly basis.
19.3 The City intends to propose a Cafeteria -based benefit program in 2014 with an effective
date ofJanuary 1, 2015. This program would incorporate, but not be limited to: medical,
vision, dental, chiropractic, and life insurance. The above listed terms of this agreement
will be reopened for negotiation upon the City's presentation of a Cafeteria plan
The City's proposed Cafeteria flan will offer substantially the same or better benefits to
those currently received by unit members
ARTICLE XX - DENTAL, INSURANCE
20.1 1"'.nlployees are provided fully paid fan-tily dental insurance.
20.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per
calendar year. There is a $25 deductible plus co-insurance features.
ARTICI.X XXI - 'VISION INSURANCE
21.1 The City shalt provide and pay for a vision care plan underwritten by VSII or comparable
vision care plan. Such comparable vision care plan shall be the sane 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.
ARTICLE XXII - LIFE INSURANCE
22.1 Employees are provided with term life and accidented deathIchv nembermeni insurance at
a benefit rate of $25,000. This benefit decreases after age 70 on a sliding scale,
depending on age.
22.2 EIrnployces are provided with $100,000 of accident insurance while traveling on City
business outside the City limits. Spouses are only covered while accompanying the City
employee on City business, or while conducting business on behalf of the City.
223 Employees are also provided with a $25,000 accidental death policy in the event of death
resulting from a line -of -duty itjiury.
ARTICLE XXIII - CHIROPRACTIC INSURANCE
23.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
12
FIRE' MID-MANA(3FMEN'I' -- STA'I'EMI.-N'r OI -' [3C NL;I� t'1'S
23.2 The City shall pay the full costs of premiums for the employee and dependent(s) during
the life of this agreement.
AR'T'ICLE XXIV - UNIFORM ALLOWANCE
24.1 The uniform allowance shall be $950.00 per year, paid quarterly, as part ofthe last bi-
weekly paycheck in the months of March, June, September, and December.
24,2 In addition to the above uniform allowance, City agrees to make a one -tinge, non -PERS -
able payment of one percent (1%) of employees' base salary as shown in schedule A
toward the uniform allowance to each member of the bargaining unit who is employed by
the City on the date of approval of this Statement of Benefits by the City Council.
Payment will be made in a lump sum manner along with a regularly scheduled hay check
within two pay periods of approval of this Statement of Benefits by the City Council.
`]'his clause will sunset on December 31, 2014.
ARTICIx XXV - TUITION REIMBURSEMENT
25.1 'Tuition Reimbursement
a. Employees shall receive tuition rein-tbursement in the amount of $4,411 for the
period of July 1, 2013 through June 30, 2014 plus the full cost of books for
courses taken
b. Other than the tuition reimbursement amounts listed above, criteria for tuition
reimbursement shall follow the City's Tuition Reimbursement policy.
C. This incentive in Article XXI shall sunset on June 30, 2014 and default, for all
purposes, to the City's 'tuition Reimbursement policy.
25.2 Training Reimbursement
In addition to the City policy, individuals enrolling in courses offQrcd by recognized
professional organizations which are not accredited through a college or university shall
be eligible for up to a maximum. of $300 per fiscal year, to be paid upon the satisfactory
completion of course work. Any expenses are subject to the approval of the lire Chief.
ARTICLE XXVI - 56 -HOUR WORKWEEK
26.1 The work schedule will be a schedule of "56 hours per week" with two on -duty shifts ill
six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has
declared a 24 day work cycle
26.2 Han 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) fours or the number of' actually worked in that
payroll cycle, whichever is greater,
13
MRF.. MID -MANAGEMENT -- STA"ITENENT OF BLNI I=1'rs
26.3 It is agreed that if the work schedule of a Dire Mid -Management employee is a 40 -hour
week, then all holiday, vacation, and sick leave benefits arc based on a 40 -hour week
rather than a 56 -hour week.
26.4 In order to convert the hours for employees that move from. a 40 hour work week to a 56 -
hour work week, the following; formulas will be applied:
For conversion of Vacation:
From 40 to 56 hours........ Multiply by 1.8
From 56 to 40 hours........ Multiply by .555556
For conversion of Holiday and Sick Leave and Comp Time:
From 40 to 56 hours........ Multiply by 1.5
From 56 to 40 hours.... --Multiply by .666667
ARTICLE XXVII - PERSONAL LIABILITY
27.1 1-;mployees shall be indemnified and held harmless by the City against all costs, legal
expenses, and liability arising out of decisions made in their capacity for the City of Lodi
and/or frons any cause of action for property damage, or darnages for personal injury,
including death, sustained by person{s} as a result of a decision made in their capacity,
except that:
a. The City is not required to but may provide for the defense of an action or proceeding
brought against an employee or former employee if the City determines that:
1. The act or omissions was not within the scope of their employment; or
2. They acted or failed to act because of actual fraud, corruption, or actual malice; or
3. 'I'he defense of the action or proceeding by the City would create a conflict of
interest between the City and the employee or former employee.
b. 'IIhe City is not required to but may pay any claim of judgment for punitive or
exemplary damages under the following circumstances:
1. The judgment is based on an act or omission of an employee or former
employee acting within the course and scope of their employment as an
employee of the City.
2. At the time of the act giving; rise to the liability, the employee or former employee
acted, or failed to act, in good faith, without actual malice and in the apparent best
interests of the City.
3. Payment of the claim of judgment would be in the best interests of the City.
ARTICLE XXVIII - GRIEVANCE PROCEDURE
28.1 Disputes involving the following subjects shall be determined by the Grievance
Procedures established herein:
a. interpretation or application of any of the benefits listed herein.
14
Ftt�.l� MTD -MANAGEMENT" -- STATEN.) Nr OF Bl"NETI T'S
b. Disputes as to whether a platter is proper subject for the Grievance Procedure.
C. Disputes which may be of a "class action" nature filed on behalf of the employees
or the City.
28.2 Class action Grievances shall be submitted in writing to the City Manager or vice versa,
28.3 STEP ONE,
Discussion between the employee and the immediate supervisor, who will answer within
15 work days. This step shall be taken within 30 days of' the date of the action
complained of, or the date the grievant became aware of the incident which is the basis of
the grievance.
28.4. STEIPTWO
If a grievance is not resolved in the initial step, then Step Two shall be a discussion
between the employee, and the Department Head who shall answer within fifteen work
days. This step shall be taken within fifteen work days of the date of the immediate
Supervisor's answer in Step One.
28,5 S Pl) `I HREL'
If a grievance is not resolved in Step Two, Step Three shall be the presentation of the
grievance, in writing, by the employee to the City Manager, who shall answer, in writing,
within fifteen work days of receipt of the grievance. The City Manager's decision shall
be final and binding. Step Three shall be taken within fifteen work days of the date of the
answer in Step `Fwo.
28.6 S111" FOUR
If a grievance is not resolved by the City Manager or designee, mediation may be
requested (and the City will enter into) by the Fire Mid -Management group, upon which
costs will be equally borne between the City and the hhMM.
ARTICLE XXIX - DISCIPLINARY PROCEDURE
29.1 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated
by the City department head for cause against any employee under his/her supervision.
Disciplinary actions in the form of termination or discharge shall be subject to final
approval from the City Manager.
29.2 Notice (except in the case of oral or written. reprimand): Notice of Intended Disciplinary
Action shall be prepared in writing by the department head proposing the discipline and
shall be served on the employee in person or by registered or certified mail. Notice shall
be served prior to the action becoming effective; however, where circumstances require
immediate removal of the employee from the workplace, notice shall be provided within
two (2) working days from the date the employee is removed from the workplace.
Employees so removed shall be placed on paid ]cave pending imposition of discipline. A
copy of the Notice of Intended Disciplinary Action shall also be filed with the Human
Resources Director. The written Notice of Intended Disciplinary Action shall contain the
following information:
15
(_ItE MID-MANAGEMENT..__S"['n'I1.?MI N I Ot_S34 N11__I:IS
I . ' 'he specific type of disciplinary action;
2. The effective date of the action;
3. The specific reason(s) or causc(s) for the actions;
4. Notice that the e€nployce may inspect copies of all materials upon which the action is
based, and
5. Notice that the employee has the right to respond orally or in writing within ten (10)
days to the department head initiating the disciplinary action. No hearing before the
City Manager is available to review oral or written reprimands.
An employee who responds orally or in writing to the department head shall be entitled to
meet in an informal conference with the department head and shall be given the
opportunity to rebut the charges against him/her or to state any mitigating circumstances.
I.n the case of oral or written reprimand, the department head's decision shall be final. In
the case of discharge, demotion, suspension, or reduction in pay, the department head or
other City designee shall hear and consider the facts presented by the employee and shall
thereafter subn-iit a written recommendation to the City Manager to either impose, rescind
or modify the proposed disciplinary action. The recommended proposed disciplinary
action shall also be served on the employee. "I'11e recommendation shall contain:
6. The specific type of disciplinary action;
7. The specific reason(s) or cause(s) for the actions;
29.3 1'�'inal Notice of Disciplinary Action: Following review of the department head's
recon3mendation and the determination by the City Manager, the City Manager shall
prepare a final Notice of Disciplinary Action, advising the employee of the action to be
taken, its effective date, and the employee's appeal rights.
1. Disciplinary action shall becomc effective on the date stated in the Final Notice of
Disciplinary Action, unless the date is otherwise extended by the City Manager.
2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the
Human Resources Director. The Final Notice of Disciplinary Action shall be
delivered personally to the employee or shall be sent by registered or certified mai(.
29.4 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and
the affected employee is not satisfied with the decision rendered by the City Manager, the
employee may appeal the; decision. The employee may appeal disciplinary decisions by
filing a written appeal with the Human Resources Director within fifteen (15) work days
following service of the Final Notice of Disciplinary Action. The written appeal shall
contain a written reply to the charges against the employee and written request for an
appeal hearing. The employee shall submit a copy of the appeal to the City Manager,
29.5 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer
selected through the California State Mediation and Conciliation Services to hear the
appeal and submit an advisory decision to the City Manager. Selection of the hearing
officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers
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t'IRF, MID-MANAGEWENT — STATEMENTOF BENE;PITS
from the office of the California State Mediation and Conciliation Services. Absent
mutual agreement on a name on the list, the parties will strike names from the fast: for
final selection of' the hearing officer. The selected hearing officer shall adhere to the
following standard of review and hearing procedures:
I. The appeal hearing shall be informal and strict rules of evidence shall not apply.
2. The parties will have the right to present and cross-examine witnesses, issue opening
and closing statements, and file written closing briefs. Witness testimony shall be
under oath or affiz'mation.
1 The hearing officer may exclude testimony or evidence which he/she determines
irrelevant or unduly repetitious.
4. Attendance at the appeal hearing shall be limited to those determined by the hearing
officer to have a direct connection with the appeal. Witnesses normally would be
present at the hearing only while testifying and should be permitted to testify only in
the presence of the employee or his/her representatives and the City's representatives.
5. The appeal hearing will be held on the City's premises
6. In conducting, the appeal, the hearing officer's authority/jurisdiction shall be limited
to reviewing; the factual basis supporting the discipline and determining that the
factual basis was reached honestly, after a fair, appropriate and procedurally correct
investigation and for reasons that were not arbitrary, discriminatory or pretextual.
Should the hearing officer, conducting the review specified above, affirin the factual
basis for the discipline decision, he/she may not substitute his/her judgment for that of
management's as to the level of discipline imposed. Should the hearing officer not
affirrn the factual basis for the discipline, the normal remedy will be to remand the
natter to the decision level where the error occurred for reevaluation and/or
correction consistent with the hearing officer's findings. In such a case, the hearing
officer will have the authority to retain jurisdiction over the appeal to ensure
compliance with the remand decision.
7. The cost of the hearing officer shall be borne by the City. The parties will share
equally the cost of the court reporter and each side will bear their respective costs of
representation.
29.6 Any decision of the City Manager shall be final and binding.
29.7 Judicial review of any decision rendered under this section shall be governed by Code of
Civil Procedure section 1094.5
ARTICLE XXX —CITY RIGHTS
30.1 It is further understood and agree between the parties that nothing contained in this
statement of benefits shall be construed to waive or reduce any rights of the City, which
include but are not limited to, the exclusive rights to:
® Determine the mission of its constituent departments, commissions, and
boards
Set standards of service
® Determine the procedures and standards of selection for employment
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I�IRI� MII�-MANAGtMI�N'1' - 5'I'�'t'1:;M1N"1� 01� I31NC:E�C'rS
• Direct its employees
• Maintain the efficiency of governmental operations
® Determine the methods, means, and personnel by which government
operations are conducted
® Take all necessary actions to carry out its mission in emergencies
• >,xercise complete control and discretion and the technology of
performing its work.
City Rights also include the right to determine the procedures and standards of selection
for promotion, to relieve employees from duty because of lack of work or other
legitimate reasons, to make and enforce standards of conduct and discipline, and to
determine the content of job classifications.
ARTICLE XXXI — DEPARTMENT SANCTIONED TEAMS
31.1 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 hire Chief. Any member of the department who becomes a
member of a recognized specialized team, shall receive a 2,5% salary increase for as long
as he/she meets the minimum entry level requirements and maintains a minimum level of
participation as outlined in the team membership requirements. 1",ach employee of the
department can only receive 2.51/0 of salary for team membership, regardless of the
number of teams the employee belongs to,
31.2 Existing members of the Hazardous Materials Tears shall remain members of the team
and shall continue to receive the 2,5% salary increase. The three members of the
department who meet the minimum requirements for inclusion on the hazardous Material
Team shall be able to join the team and receive the 2.5% salary increase upon ratification
of this contract. However, no additional team members shall be assigned to the
Hazardous Material Tear until the membership falls below 12 members. There shall be
a six month period for the team to develop acceptable performance standards for
maintaining his/her membership on the team.
31.3 The development of new tean-is shall require the submittal of minimum entry level and
performance criteria for maintenance of membership to the faire Chief prior to the
development of the team. The: Tire Chief shall have the sole discretion as to the
appropriate number of r-nembers per specialized team. The department shall make every
effort to develop a cadre of specialized tcarns to adequately address the needs of its
members.
31.1 Upon ratification of the MOU, the 2.5% salary increase resulting frorn membership in the
above sanctioned teams shall be incorporated into salary and the incentive shall be
eliminated. f;ach member of the department shall be a member of a sanctioned team and
the scope and nature of the teams shall remain as detailed in this Article.
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FIRE MID-MANIAGEMEiN'I'
ARTICLE XXXII — COMPLETE AGREEMENT
32.1 The parties acknowledge that during the negotiations which resulted in this SOB, each
had the unlimited right and opportunity to make demands and proposals with respect to
any subject matter not removed by law fron-i the scope of negotiations, and that the
understandings arrived at by the parties after the exercise of that right and opportunity are
set forth in this SOB, Any other prior existing understanding or agreements by the
panties, whether formal or informal, regarding such matters are hereby superseded or
terminated in then' entirety.
ARTICLL XXXIII — SLVLRABILITY
33.1 In the event any provision of this SOB is found by a court of competent _jurisdiction to be
invalid, all other provisions shall be severabIQ and shall continue in full force and effect.
l9
FIRE MII?-MANAGE,MI3NT STAT3_;ML;NT OI�I3I NIiI�I7 S
Salary effective January 1, 2014
Occupation Title_ A Step 11 Step C Step D _ Step E
Fire Battalion Chief $7,574.28$7,952.99 $8,350.64 $8,768.17 $9,206.58
F=ire Division Chief---- $9,089.13 _ $9,543.58 $10,020.76 - $10,521.80 $11,047.89
20
FIRE' MID -MANAGEMENT -- S'rA'I'EMI;N'I' 01' B] NI:�hI'I'S
CITY OF LODI
A MUNICIPAL, CORPORA'T'ION
Stephen Schavabauer
Interim City Manager
LOD1 CI.1'Y FIRE MID -MANAGEMENT.
Ron Fenix
Representative
Date:
Jordan Ayers -..� .Iefl' i.at'son�
Deputy City Menage;• Representative
Date: Da
APPROVED AS 'I'O FORM:
Janice Magdich
Interim City Attorney
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