HomeMy WebLinkAboutAgenda Report - March 19, 2014 I-02bAGENDA ITEM "10 Lb
CITY OF LODI
%W COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving One -Time 2014 Adjustments to Memorandum of
Understanding with Lodi Professional Firefighters and Appropriating Funds
($164,700)
MEETING DATE: March 19, 2014
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution approving one-time 2014 adjustments to
Memorandum of Understanding with Lodi Professional Firefighters
and appropriating funds.
BACKGROUND INFORMATION: Staff and the Lodi Professional Firefighters have reached a tentative
agreement on their 2014 Memorandum of Understanding (MOU),
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
Lodi Professional Firefighters 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 MOU 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).
APPROVED: ~'
Step waba rim City Manager
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 $187,100, of which $164,700 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#
TO: Internal Services Dept. - Budget Division
3. FROM: lJordan Ayers 15. DATE: 3/19/14
4. DEPARTMENT/DIVISION:
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT
A. 100 3205 Fund Balance $ 164,700.00
SOURCE OF
FINANCING
B. 100 102012 7101 Regular employee salary $ 164,700.00
USE OF
FINANCING
provide a description of the project, the total cost of the project, as well as justification for the
ed adjustment. If you need more space, use an additional sheet and attach to this form.
increase associated with adjustments to the Lodi Professional Firefighters MOU 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:
ieputy City Manager/internal- .g- Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
LODI PROFESSIONAL FIREFIGHTERS
January 1, 2012-4 — Novemb^30, 204-3December.
31, 2014
MOU — CITY OF LODI AND LPF 201220'0122014
TABLE OF CONTENTS
PAGE #
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Above Class Pay
4
Article 11
Department Sanctioned Teams
4
Article III
Education Incentives
4
Article IV
Flexible Spending Account
5
Article V
Jury Duty
5
Article VI
Merit Increases
6
Article VII
Overtime
6
Article VIII
Salary
7
Article IX
Tuition Reimbursement
8
Article X
Deferred Compensation
8
Article XI
Uniform Allowance
8
Article XII
Workers' Compensation
8
Article XIII
Bilingual Pay
9
Article XIV
Longevity Pay
9
CHAPTER 2 — LEAVES
Article XV
Catastrophic Leave
10
Article XVI
Holidays
10
Article XVII
Leaves of Absence
11
Article XVIII
Sick Leave
12
Article XIX
Vacation
12
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Chiropractic Insurance
13
Article XXI
Dental Insurance
13
Article XXII
Medical Insurance
13
Article XXIII
Retirement Plan
14
Article XXIV
Sick Leave Conversion
14
Article XXV
Vision Care
16
CHAPTER 4 — SAFETY
Article XXVI Safety Committee 17
CHAPTER 5 — Work Hours, Schedules, Meals
MOU — CITY OF LODI AND LPF 201220'0122014
Article XXVII 56 -Hour Work Week 18
Article XXVIII Shift Trades 18
CHAPTER 6 — ASSOCIATION / CITY ISSUES
Article XXIX
Alcohol, Smoking, and Drugs
20
Article XXX
City Rights
21
Article XXXI
Complete Agreement
21
Article XXXII
Concerted Activities
22
Article XXXIII
Employee Representation
22
Article XXXIV
Grievance Procedure
24
Article XXXV
Layoff Procedure
28
Article XXXVI
Physical Fitness
28
Article XXXVII
Probation
29
Article XXXVIII
Severability
29
Article XXXIX
Miscellaneous
29
Schedule A — Salary Schedule Effective ^ �' 4�zJanuary 1, 2014
MOU - CITY OF LODI AND LPF 201220'0122014
Chapter 1. Salaries and Other Compensation
ARTICLE I - ABOVE CLASS PAY
1_1 �+A-All employees in this bargaining unit who are re(
shall be paid an additional 5% of the employee's
consecutive hours have been worked.
uired to work in a hi
salary for all hours once 12
1.2 Captains assiened as the Administrative Captain shall receive special assignment
Formatted: Font: 12 pt
Formatted: Outline numbered + Level: 2 +
Numbering Style: 1, 2, 3, ... + Start at: 1 +
Alignment: Left + Aligned at: 0" + Indent at:
0.25'
pay equal to 8% of the normal base pay. This special assignment pay is intended to
compensate Fire Captains for the loss in pay from transferring from shift to non -
shift schedules. It is mutually agreed that assignments to the Administrative
Captain are at the sole discretion of the Fire Chief. Formatted: Font: 12 pt
ARTICLE II — DEPARTMENT SANCTIONED TEAMS
2.1 It is the intent of the City to develop specialized teams to address a variety of
special hazards and provide specialized services to the department or community.
When a team is established, minimum standards for inclusion and retention as a
team member shall be developed and ratified by the Fire Chief. Any member of
the department who becomes a member of the recognized specialized team, shall
receive a 2.5% salary increase for as long as he/she meets the minimum entry level
requirements and maintains a minimum level of participation as outlined in the
team membership requirements. Each employee of the department can only receive
2.5% of salary for team membership, regardless of the number of teams the
employee belongs to.
2.2 The development of new teams shall require the submittal of minimum entry level
and performance criteria for maintenance of membership to the Fire Chief prior to
the development of the team. The Fire Chief shall have the sole discretion as to the
appropriate number of members per specialized team. The department shall make
every effort to develop a cadre of specialized teams to adequately address the needs
of its members.
ARTICLE III - EDUCATION INCENTNE
3.1 An incentive program shall be established with the major purpose being to
encourage and reward members of the LPF to broaden their on-the-job experience
with academic training in the fields of science, management and administration.
3.2 Employees who meet the following criteria are eligible for education incentive pay.
A. Employees holding an Associate of Arts shall receive $25.00 per month if
the:
AA is in Fire Science or related field or;
4
MOU — CITY OF LODI AND LPF 201220'0122014
AA is in a non -related field with a Fire Science Certificate from an
accredited institution or;
The employee possesses an AA degree and is actively pursuing a
baccalaureate degree.
B. Employees possessing a BA or BS degree shall receive an additional $25.00
per month. If an employee possesses a BA degree, it is assumed that an AA
is also possessed.
The incentives in Section 3.2A and Section 3.213 are limited to employees
hired prior to April 18, 2012.
C. The following increments shall be added to the Education Incentive
Program. It is agreed that the following amounts shall be paid if the
individual has completed the necessary course work.
Certified Fire Officer -------------------------------------- ----------$50.00
per month
Certified Chief Officer ------------------------------------ ----------$50.00
per month
Certified Fire Investigator- Level 2 --------------------------------
$12.50 per month
Certified Fire Instructor Level 3 and Mgmt 2.E ------------------ $25.00 per month
Certified Fire Prevention Officer Level 3 and Mgmt 2.E -------
$25.00 per month
Certified Public Education Officer Level 2 ----------------------
$12.50 per month
Certified Fire Chief ---------------------------------------------------
$25.00 per month
The maximum amount to be paid under this program is $175.00 per month.
3.3 In addition to the amounts specified in Section 3.2, an additional $25.00 per month
shall be paid if the employee possesses a Hazardous Materials Specialist/
Technician certificate.
3.4 Persons possessing the aforementioned requirements shall not receive the incentive
pay until such time as evidence of completion is produced. If they do possess the
requirements on that date, but do not have evidence of completion, pay shall be
made retroactively.
ARTICLE IV — FLEXIBLE SPENDING ACCOUNT
,4.1 The City shall include members of the LPF in the City's flexible spending account , Formatted: Font: 12 pt
program, which allows employees to pay for unreimbursed medical costs,
insurance premiums, and dependent care costs to be paid with pretax dollars.
ARTICLE V - JURY DUTY
5.1 All full-time regular employees are granted jury duty leave with pay. Any
employee who is summoned to attend any court during the time regularly required
for his employment for the purpose of jury service shall be entitled, while so
MOU - CITY OF LODI AND LPF 201220'0122014
engaged and actually serving, to his regular compensation in addition to any jury
duty compensation.
5.2 No employee shall be granted jury duty leave with pay in which such employee
will be testifying in behalf of oneself or as a witness in a court of law.
5.3 An employee serving on jury duty, who is not required to be in attendance at such
jury duty for more than one half of the employee's normal working day is expected
to return to his regular work assignment for the balance of the day. An employee
seated on a jury shall not be scheduled for regular work during the twelve hours
preceding the scheduled time for jury duty.
5.4 If an employee covered by this Agreement is required by subpoena to appear in
court or to give a deposition as a result of an action taken within the scope of
employment with the City, that employee shall receive his full pay while so doing,
with no loss of time if he/she is on regular duty. If the employee is not on duty, the
City agrees to compensate that employee at one and one-half times his/her regular
rate of pay, for the time spent in any appearance as required by this Article. The
employee shall demand a witness fee and shall reimburse same to the City. As a
prerequisite for payment to off-duty employees, the Fire Chief or his designee must
be notified in writing of the off-duty appearance within seventy-two hours after the
employee is subpoenaed or otherwise notified of the required court appearance.
The employee shall demand a witness fee and shall reimburse the same to the City.
5.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not
covered by Jury Duty leave.
ARTICLE VI — MERIT INCREASES
6.1 Merit increases shall not exceed the next step of the salary range for the position's
classification.
ARTICLE VII - OVERTIME
7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the
rate of one and one-half times the then regular rate of the employee. Overtime
work shall be required of any employee to meet special or unusual needs of service
beneficial to the City and community. All overtime work requires the prior
approval of a supervisor. No employee on disciplinary or medical leave shall be
eligible to work overtime.
7.2 Employees working overtime shall be paid in increments of 15 minutes. Time
within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting
back to the preceding increment and 8-15 minutes adjusting forward to the next
increment. Therefereafter, overtime shall be compensated in increments of 15
minutes at a rate of time and one-half.
MOU - CITY OF LODI AND LPF 201220'0122014
7.3 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be one and one-half hours for each hour worked.
7.4 No more than one hundred forty-four (144) hours of compensatory time shall be
carried on the books at any time.
7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 144
hours of earned compensatory time off twice per year, in April and October.
7.6 Upon separation, the employee shall be paid at the employee's current hourly rate
or the average of the last three years whichever is higher, for the remaining
compensatory balance.
7.7 Early call in or shift holdovers shall be compensated at the time and one-half rate.
7.8 Employees called to work outside their regular hours shall be paid at the rate of
time and one-half the hourly rate for hours actually worked with a minimum
guarantee of three (3) hours for each call.
7.9 If an employee requests time off that would result in the need for overtime, the
employee must take a minimum of three (3) hours off unless the time off is for
emergency reasons or has prior approval of the Fire Chief or his/her designee.
Except for the first or last two or less hours of the shift, shift holdover or early
relief would apply in these situations.
7.10 If a represented employee is called upon to perform the duties of a position exempt
from the Fair Labor Standards Act, all provisions of this Article shall prevail.
ARTICLE VIII - SALARY
8.1 The terms and conditions of this MOU shall continue in effect during the term of
this MOU. The City of Lodi and LPF agree that the term is January 1, 20124
through Ne embe- 30 2414December 31, 2014, with the exeeption of Para- ^~�
.
8.2 ,
Tthe parties agree that if a salary survey is performed, the fifteen cities to be
surveyed are as follows:
Chico Clovis Davis
Fairfield Merced Manteca
Modesto Redding Roseville
Stockton Tracy Turlock
Vacaville Visalia Woodland
MOU - CITY OF LODI AND LPF ''012420°^122014
9.3 LPF and the City of Ledi agree to meet and eanfer on determining nine eities t
used for- AtPdfe sufveys in plaee of the Afteen that are euffef4ly ifieluded in this
AAiele
higher- value medieel anEVe,- retirement be,.ef;4 for- the T40U etiate.1 e
dia4 r-eplaees the N40U (or- 1asVbesVfiaa1 offer- imposed) that ethefwise
Deeembe,- 11 2011 the T IPF willt benefit.
e a e same
8.5 The LPF and the City enteFed into greemen4 dated June 2011 where
under- the LPF agreed to eef4aia eeneessions tha4 would ean4ifpde Offeugh June
,
(�
2012. The eenee__-__-_ V_4 feAh in 41,04 «4 shall -_.«fine in -FF--t as ✓_4
fefth therein, not y4t1,sta-� difi . the a e „4;e« of this MOU.
8.3 City shall provide a one-time, non-PERS-able payment of $2,300 to each member
of this bargaining group who is employed by the City on the date of approval of
this MOU 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 the approval of this
MOU by the City Council.
ARTICLE IX - TUITION REIMBURSEMENT
2.1 In addition to the City_ policy, individuals enrolling in courses offered by Formatted: Font: 12 pt
recognized professional organizations which are not accredited through a college or
university shall be eligible for up to a maximum of $300.00 per fiscal year, to be
paid upon the satisfactory completion of course work. The total monetary benefit
shall not exceed the amount listed in the City Policy Manual.
ARTICLE X — DEFERRED COMPENSATION
10.1 The City shall match contributions by bargaining unit members to a deferred
compensation program up to a maximum of 3% of the member's salaryginning
periodin the pE�y .
ARTICLE XI - UNIFORM ALLOWANCE
11.1 The City shall, on a one-time basis, provide each present and future employee with
three department approved uniform shirts and three pair of department approved
uniform pants of a flame retardant fabric. After this initial issue the maintenance
and replacement of the uniform is the employee's responsibility.
11.2 The uniform allowance shall be $950 per year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
11.3 In addition to the above uniform allowance, City agrees 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 it
who is employed by the City on the date of approval of this MOU by the City
Council. Payment will be made in a lump sum manner along with a regularly
MOU - CITY OF LODI AND LPF 201220'0122014
scheduled pay check within two pay periods of approval of this MOU by the City
Council. This clause will sunset on December 31, 2014.
ARTICLE XII - WORKERS' COMPENSATION
,12.1 In the event that a member of the LPF is disabled, whether temporarily or Formatted: Font: 12 pt
permanently, by injury or illness arising out of and in the course of his duties, he
shall become entitled, regardless of his period of service with the City, to leave of
absence while so disabled without loss of salary, in lieu of temporary disability
payments, if any, which would be payable under this chapter, for the period of such
disability but not exceeding one year, or until such earlier date as he is retired on
permanent disability pension. (State of California Labor Code, Article 7, Section
4850.)
12.2 The City shall implement Article 4850.3 of the Labor Code which provides for
advance disability payments prior to receipt of industrial disability retirement
allowance to the member.
ARTICLE XIII- BILINGUAL PAY
13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking
Spanish and/or Punjabi, subject to the eligible employee passing a proficiency
exam administered and approved by the City.
ARTICLE XIV- LONGEVITY PAY
14.1 After completing ten years of service with the Lodi Fire Department, employees -- Formatted: Indent: Left: 0.06°, Hanging:
shall receive an annual longevity pay in the amount of $1,500 in November of the 0.44"
year following completion of ten years of service and each year thereafter until
completing twenty years of service with the Lodi Fire Department. Employees
who have completed twenty years of service with the Lodi Fire Department will
receive longevity pay in the amount of $3,000 in November of the year following
completion of twenty full years of service and each year thereafter.
For the purposes of this Article, all employees who as of October 31St meet the-- Formatted: Indent: Left: 0.5"
service level requirements (either ten full years or twenty full years from the first
day of the month in which they started their employment with the City of Lodi Fire
Department) shall receive the longevity pay associated with their years of service
with the Lodi Fire Department.
The incentive in this Article is limited to employees hired prior to April 18, 2012. - --- f Formatted: Indent: First line: 0.5"
MOU - CITY OF LODI AND LPF 201220'0122014
Chapter 2. Leaves
ARTICLE XV- CATASTROPHIC LEAVE
15.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave
Policy set forth in the City's current Administrative Policy Manual.
ARTICLE XVI- HOLIDAYS
16.1 Shift Employees in the LPF shall earn 156 hours of holiday leave per year. In
January of each year, every shift employee's holiday account shall be credited with
156 hours. Employees hired mid -year or terminating mid -year shall have holiday
hours credited or deducted at the rate of 6.0 hours per pay period.
16.2 A shift employee may opt to schedule holidays or to be compensated at the straight
time rate for all hours of holiday leave. During the course of the year, an employee
who opted to use scheduled holidays may at their request and at the sole discretion
of the Fire Chief, schedule a day off in lieu of cash payment. Each year, the pay
period in which December 1 falls, employees shall be paid for the unused holidays
at the straight -time rate as of December 31 of the year in which the holidays were
earned.
16.3 Non -shift employees shall observe 9 1/2 fixed holidays per year:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve (four hours)
Christmas Day
January 1
3rd Monday in January
3rd Monday in February
4th Monday in May
July 4
1 st Monday in September
4th Thursday in November
Friday following Thanksgiving Day
December 24
December 25
The employee shall also be granted four additional holidays to be taken at a time
mutually agreeable to the employee and the Fire Chief.
If a scheduled holiday falls on a regularly scheduled day off the employee shall
take off the day preceding or day succeeding the holiday. Floating holidays shall
be prorated upon hiring and termination at the rate of one holiday for each three-
month period worked.
16.4 Nothing in this MOU is construed to change the manner in which holidays or
vacations are scheduled.
10
MOU — CITY OF LODI AND LPF 201220'0122014
16.5 It is mutually agreed that two represented employees per shift shall be allowed to
schedule vacations or holiday time. Leave for sickness, injury, or leave for school
shall not effect this time off.
ARTICLE XVII - LEAVES OF ABSENCE
17.1 Leaves of Absence
The City and LPF mutually agree that inability to return to work after an
employee's sick leave has been exhausted shall be considered an urgent and
substantial reason for the granting of a leave of absence in accordance with the
Leave of Absence policy in the City of Lodi Administrative Policy Manual.
17.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City in conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a permanent employee is not impaired by such leave of absence.
17.3 Employees who are placed in a Leave Without Pay status following the expiration
of sick leave, vacation, or compensatory time off, such that the employee is no
longer in a pay status shall not receive employer paid employment benefits.
However, if the leave is for medical reasons the medical insurance will be carried
for three months at the City's expense. Other health benefits may be continued at
the employee's expense.
17.4 Firefighters are entitled to leave without pay or other benefits for up to four months
from the date of disability for disabilities because of pregnancy, miscarriage,
childbirth, or recovery therefrom when sick leave has been exhausted. The date on
which the employee shall resume duties shall be determined by the employee on
leave and the employee's physician.
17.5 An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position, or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided prior to an employee's
return to work.
17.6 An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to the City of the anticipated
date upon which leave shall commence, although the commencement date shall
vary according to the employee's actual disability. She must also provide an
estimate of the duration of the leave.
ARTICLE XVIII - SICK LEAVE
18.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per
pay period. Employees working a 40 -hour week shall earn 3.70 hours per pay
period.
11
MOU - CITY OF LODI AND LPF 201220'0122014
18.2 Sick leave accumulated shall be unlimited.
18.3 One working day is defined as 12 work hours (1 duty day) for all LPF personnel
working on a shift schedule.
18.4 Absence to care for a member of an employee's immediate family is authorization
to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours
of family sick leave shall be approved in one calendar year.
ARTICLE XIX - VACATION
Beginning 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
25th year/above 13.88 hours per pay period
Members of LPF will have the option of cashing out any vacation time in excess of two
tours (96 hours) of duty. Members must utilize at least two tours of their vacation time
each year. Members shall request a cash out of vacation time by N er-I etween
November 1 and November 15 of each year and will receive the payout of vacation time at
straight time pay " i -A exon the first regularly scheduled pay
check in December.
12
MOU - CITY OF LODI AND LPF 201220'0122014
Chapter 3. Insurance and Retirement
ARTICLE XX — CHIROPRACTIC INSURANCE
20.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
20.2 The City shall pay the full costs of premiums for the employee and dependent(s)
during the life of this agreement.
ARTICLE XXI - DENTAL INSURANCE
21.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of
benefits for the term of this agreement.
21.2 The City shall pay the increased cost of such premiums for the life of the
agreement.
ARTICLE XXII - MEDICAL INSURANCE
22.1 All employees shall be offered medical insurance for themselves and dependents
through Ca1PERS medical plans. The City shall pay 100% of the premium for the
employees' familygory (Single, Employee + 1, Family) for the lowest cost
only up to th a. ghes* HMO available in Lodi's geographical area (excluding
PORAL) as of January 1, 2014«4 n✓ u4 ��_tt t o,�. ,
-=r-
Effective January 1, 201-34, the City's contributions to the premiums for medical
insurance coverage will be capped at the following rates and employees shall be
responsible for premium costs in excess of this amount:
Single $610.44657.33
EE + 1 $1220.851,314.66
EE + family $41,709.06
Effeetive the pay period in=o:hieh Jana ar-y 1,L013 4&s If an employee is otherwise
covered by a medical elan and elects not to be covered by medical insurance
through the City of Lodi, an additional:^* out menies ,:aa be eapped at the
EE only $305.22
EE + 1 $532.92
EE + Family $692.81
13
MOU - CITY OF LODI AND LPF ''012420°^122014
will be added to either the employee's deferred compensation account or cash. In
order to qualify, proof of group insurance must be provided to the city.
ARTICLE XXIII -RETIREMENT PLAN
23.1 The City -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 24, 2012 and
deemed to be "classic" employees by PERS:shall pr -e ide the PERS fetifemoff'
o a4 50 program»
. Said pr-agram shall ineitt
the felleA4ag additional beae&s
• Public Safety 3% 0) 50 plan ---- Formatted: List Paragraph, Bulleted + Level:
- - 1959 Survivor benefits - 3rd Level l + Aligned at: 0.75" + Indent at: 1"
•_ Single Highest Year J Formatted: Font: Times New Roman, 12 pt
•_ Credit for Unused Sick Leave e
•�Vhhtary SerV1Ce Credit Formatted: Font: Times New Roman
• Employee shall pay the full employee share of retirement costs to a Formatted: Font: Times New Roman, 12 pt
maximum of 9% Of salaryFormatted: Font: Times New Roman, 12 pt
._
. .......
_
•_ .�
23.23 For eEmployees hired after April 18, 2012December 24, 2012 and deemed to be
"classic" employees by PERS, the following retirement plan will apply:sh l
the following r-etiFement benefit instead of the benefit set feAh in paragraph 23.1
oaf 3% @ 55 plan 1959 s Re1;L.,r# IM T
• Credit for Unused Siek Leave Formatted: No bullets or numbering, Don't
• Military r,. co ^o Credit ^^ n„wl; �^ ,:^^ allow hanging punctuation, Don't adjust space
between Latin and Asian text, Don't adjust
^yef geof dffee ^ ^ tt4iye highest • o space between Asian text and numbers, Font
Alignment: Baseline, Tab stops: 0.5", Left +
• Public Safet(a� 55 plan rFatted:
Left + 3.5", Left
• 1959 Survivors Benefit - Third Level
List Paragraph, Bulleted +Level:
• Average of three highest consecutive years ed at: 1" + Indent at: 1.25", Tab
• Credit for Unused Sick Leave 0.5", Left + 3.25", Left + 3.5”, Left
• Military Service Credit
14
MOU — CITY OF LODI AND LPF ''012-20°^122014
• Employee shall pav the full employee share of retirement costs to a
maximum of 9% of salary
� Formatted: Font: Times New Roman, 12 pt
23.3 The City agrees to provide the following PERS retirement program and pay
the employer's cost for employees deemed to be "new" employees by PERS under the
Public Employee's Pension Reform Act of 2013 (PEPRA):
• Public Safety 2.7% A 57 plan
• 1959 Survivors Benefit — Third Level
• Average of three highest consecutive years
• Credit for Unused Sick Leave
• Military Service Credit
• Emblovee shall pav the full emplovee share of retirement costs as
calculated by PERS in its annual actuarial valuation
23.4 To the extent permitted by PERS law. the parties intend the following items to
be considered PERSable compensation:
• Salary
• Department sanctioned teams
• Education/certification incentives
• Uniform allowance
• Longevity pav
• Bilingual pav
• Holiday pay
• FLSA pav
--- Formatted: List Paragraph, Bulleted + Level: 1
+ Aligned at: 1" + Indent at: 1.25"
-- — Formatted: List Paragraph, Indent: Left:
1.25"
f ---- Formatted: List Paragraph, Bulleted + Level: 1
+ Aligned at: 1" + Indent at: 1.25"
ARTICLE XXIV - SICK LEAVE CONVERSION
24.1 For all unused sick leave, a represented employee with ten years of employment
with the City shall be eligible to receive medical, dental and vision insurance
coverage upon retirement (but not upon resignation, transfer or termination) on the
following basis:
After 10 years of employment by the City, the number of hours of unused sick
leave shall be reduced by 16 2/3%. The remaining balance shall be converted into
an equivalent number of days. (NOTE: A day is equivalent to 12 hours for
employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour
week schedule). The number of days shall be multiplied by the then current
monthly premium being paid by the City for the employee and if applicable his
dependents, subject to the cap shown in Article XXII. 50% of that dollar value shall
be placed into a "bank" to be used for medical, dental and vision insurance
premiums for the employee and dependent. For each year that an employee has
been employed in excess of 10 years, 2 1/2% shall be added to the 50% before
valuing the unused sick leave, not to exceed 100% of that dollar value.
15
Formatted: Font: Times New Roman, 12 pt,
Bold
Formatted: List Paragraph, Indent: Left:
1.25"
MOU - CITY OF LODI AND LPF 201220'0122014
For example:
Robert Smith retires with 20 years service and 1800 hours of unused sick leave.
City paid monthly medical insurance premiums are $344.45 for him and his wife.
1800-(1800 x 16 2/3) =1500 hours
1500=12 =125 days x 75% = 93.75
93.75 x $344.45= $ 32,292.19
This amount shall be reduced each month by the current premium(s) for the
employee and dependent until the balance is gone. In the event the retiree dies the
remaining bank shall be reduced by 50% and the survivor may use the bank until
the balance is gone.
24.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving dependents shall have an
interest in one-half the value of the bank as calculated in Section 24.1.
24.3 Represented employees who retire on a service retirement and are eligible to
convert accrued, unused sick leave into City paid insurance upon retirement shall
be given the option of purchasing, at the retiree's cost, additional insurance for a
period of time equal to the period of time for which they received City paid
insurance upon retirement.
Employee's option shall be exercised upon expiration of the City paid coverage.
24.4 In accordance with the sick leave conversion provision outlined in this MOU, a
surviving spouse of either an active or retired member may be continued on the
medical insurance plan and/or dependent coverage at the appropriate premium for
the same period as if the employee had not died.
24.5 An employee eligible for the sick leave conversion program defined in Section 24.1
may choose instead to receive a cash settlement for all or part of unused sick leave
at the rate of $.30 on the dollar. Under this provision, the employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current pay rate.
24.6 Out of area retirees may receive reimbursement for insurance premiums up to the
City's liability as specified in Section 24.1.
24.7 The City shall modify its contract with PERS to add credit for unused sick leave
per Government Code Section 20862.8. This benefit is available to all employees
regardless of the date hired; however, it is the only sick leave conversion benefit
available to employees hired after December 6, 1995. Reporting of unused sick
leave shall be pursuant to PERS regulations on said issue. If an eligible employee
16
MOU - CITY OF LODI AND LPF 201220'0122014
opts to utilize the provisions of Section 24.1 the City shall report to PERS they
have zero (0) hours of unused sick leave.
ARTICLE XXV- VISION CARE
25.1 The City shall provide and pay for a vision care plan underwritten by VSP or
comparable vision care plan. Such comparable vision care plan shall be the same
as the plan offered to mid and executive management employees in the City. The
plan shall have a $25 deductible, shall provide annual examinations and lenses.
Frames are available every two years.
17
MOU — CITY OF LODI AND LPF 201220'0122014
Chapter 4. Safety
ARTICLE XXVI - SAFETY COMMITTEE
26.1 A six -member Joint Safety Committee shall be formed to include three members of
the LPF. This committee shall be charged with reviewing and making proposed
solutions to items relating to safety standards, equipment, procedures, clothing and
other safety related matters.
18
MOU - CITY OF LODI AND LPF 201220'0122014
Chapter 5. Work Hours, Schedules, Meals
ARTICLE XXVII- 56 -HOUR WORK WEEK
27.1 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 we
sehedule f ,..,load.. -year- 2013 may ,.hango reds ated on the review of the
lona.. gni 2 «48,196 + v � edulo rc .h �..
caroxxaux�cai zvxz ion. v iv oiTc Scncaa:c. xx the tV9�' c SE 2 l� 2 Enaiig2S fef
ealendar-year2013,it would r-eveFt to .t,, on duty shift in nine (9) 24 heiffir-
. leas. The FLSA weA eyelewould alser-evcft to?7 daywar-k period
For purposes of overtime calculations under the FLSA, sick leave, vacation leave,
compensatory time, and holiday leave will be considered time worked.
27.2 If an employee assigned to a 56 -hour work week schedule terminates his/her
employment in the middle of a two week payroll cycle, the employee's pay for that
cycle shall be computed by multiplying the number of days between the first day of
the payroll cycle and the last shift worked by eight (8) hours or the number of
actually worked in that payroll cycle, whichever is greater.
27. 3 It is agreed that the work schedule of the Fire Inspector and the Administrative
Captain is a 40 -hour week and that all holiday, vacation, and sick leave benefits are
based on a 40 -hour week rather than a 56 -hour week.
27.4 In order to convert the hours for employees that move from a 40 -hour work week to
a 56 -hour work week the following formulas shall 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 - SHIFT TRADES
28.1 It is mutually agreed that each employee may trade shifts.
A firefighter while on initial probation may initiate shift trades for a hardship, in
writing, with approval from their Captain and Battalion Chief. Shift trades for
probationary firefighters are acceptable for attendance at approved training classes
or seminars only.
28.2 It is expressly understood that shift trades are requested by employees on a
voluntary basis and are granted exclusively for employee convenience.
19
MOU - CITY OF LODI AND LPF 201220'0122014
28.3 A shift trade commitment shall be considered the equivalent of the employee's
regularly assigned work day. Any member of the bargaining unit who agrees to a
shift trade, but fails to report to work the agreed shift without a valid excuse may be
subject to disciplinary action. An employee who agrees to exchange time with
another employee and who then fails to report to work the agreed time because of
illness, or who reports, but leaves early due to illness, may be required to provide a
doctors note to verify the illness.
28.4 In the event that the person who had agreed to work is unable to do so, he/she shall
make the necessary arrangements to fulfill the obligation. This can be
accomplished by: trading with another employee meeting the shift trade
requirements; forfeiting sick, holiday, compensatory time, or vacation time,
whichever is appropriate based on department policy; or injury leave if appropriate.
20
MOU — CITY OF LODI AND LPF 201220'0122014
Chapter 6. Association/City Issues
ARTICLE XXIX - ALCOHOL, SMOKING AND DRUGS
29.1 No member of the Fire Department hired after October 1, 1987 may at any time use
any form of tobacco. This prohibition is considered a condition of employment.
29.2 The LPF shall be covered under the Drug -Free Workplace policy and procedure.
In addition, the LPF shall be covered under the Drug and Alcohol Testing policy
and procedure with the exception of random testing. (Section 34520(e) of the
California Vehicle Code exempts fire employees from the provisions of the
Omnibus Transportation Employee Testing Act of 1991.)
29.3 In the event an employee is involved in an accident while operating a City vehicle
the employee shall not leave the scene of the accident until a determination for drug
and/or alcohol testing has been made by the appropriate supervisor.
29.4 In the event an employee is being referred to drug and/or alcohol testing, the
employee shall have the right to representation or a witness. The witness may
include an on -duty employee, as long as there is no interference with business
necessity.
29.5 Supervisors directing an employee to drug and/or alcohol testing shall document at
the time of direction the reason(s) for such determination of the Reasonable
Suspicion Test form, and present that form to the employee.
29.6 The reporting of prescription medication being taken by an employee to his/her
supervisor shall be kept in confidence.
29.7 In the event an employee's locker or storage area is to be searched, the employee
shall have the right to representation or a witness. The witness may include an on -
duty employee, as long as there is no interference with business necessity.
29.8 If a member of the Fire Department has a drug, tobacco or alcohol problem or
dependence, the City shall pay the difference between the employee's insurance
and the cost of an appropriate rehabilitation program.
29.9 All supervisory employees, including those in the rank of Fire Captain, shall attend
training on making a reasonable suspicion determination of being under the
influence of drugs and/or alcohol, and the appropriate referral process. Such
training shall be provided by the City of Lodi. Non -supervisory employees may
attend the training provided that there is adequate attendance capacity, and that the
cost of the training shall be borne by the employee.
21
MOU — CITY OF LODI AND LPF 2012-20122014
ARTICLE XXX - CITY RIGHTS
30.1 It is further understood and agreed between the parties that nothing contained in
this MOU shall be construed to waive or reduce any rights of the City, which
include, but are not limited to, the exclusive rights:
to determine the mission of its constituent departments, commissions and
boards;
to set standards of service;
to determine the procedures and standards of selection for employment;
to direct its employees; to maintain the efficiency of governmental operations;
to determine the methods, means and personnel by which government
operations are to be conducted;
to take all necessary actions to carry out its mission in emergencies; and
to exercise complete control and discretion and the technology of performing its
work.
30.2 City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work or
other legitimate reasons, to take disciplinary action, and to determine the content of
job classifications; provided, however, that the exercise by the City of the rights in
this paragraph does not preclude employees or their recognized employee
organizations from filing grievances regarding the practical consequences that
decisions on such matters may have on wages, hours or other terms and conditions
of employment.
30.3 Per Side Letter dated September 14, 2011: The Lodi Professional Firefighters
(LPF) recognizes and accepts the City's right to determine the procedures and
standards of selection for promotion. This recognition does not preclude the LPF
from discussing with the City the LPF's point of view as it relates to the timeliness
and necessity of promotions. The merits of each promotion should be discussed by
both parties with the intent of reaching an understanding. It is the LPF's contention
that economics is one component and should not be the sole deciding factor when
determining whether to promote or not. It is through joint discussions that the City
and the LPF believe resolution can be found.
ARTICLE XXXI — COMPLETE AGREEMENT
31.1 The parties acknowledge that during the negotiations which resulted in this MOU,
each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the scope of negotiations,
and that the understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in the MOU. Any other prior
existing understanding or agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their entirety.
22
MOU — CITY OF LODI AND LPF 2012-20122014
31.2 Per the Side Letter signed on May 20, 2004: Except as required by operational/or
business necessity impacting City employees as a whole, there shall be no changes
to the Rules for Personnel Administration during the term of this MOU. This does
not prevent the parties from mutually agreeing to meet and confer over proposed
changes to the Rules during the term of this MOU.
ARTICLE XXXII - CONCERTED ACTIVITIES
32.1 Represented employees agree that they shall not strike, withhold services, engage
in "slow downs" or "sick ins" or participate in any other form of concerted activity
which is intended to or which does adversely affect job performance or rendering
of City services.
ARTICLE XXXIII - EMPLOYEE REPRESENTATION
33.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered
into between representatives of the City of Lodi (hereinafter referred to as "City")
and representatives of the Lodi Professional Firefighters (hereinafter referred to as
"LPF").
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Section 3500 et
seq. of the Government Code of the State of California, and further acknowledge
and agree that all matters upon which the parties reached agreement are set forth in
this MOU.
The terms and conditions of this MOU are applicable to those employees in those
positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter
II, Fire Engineer, Fire Captain, and Fire Inspector. It is mutually agreed that wages,
hours, and other terms and conditions of employment of such employees shall be as
hereinafter set forth. Except as specifically stated in this Memorandum, all existing
benefits currently being furnished to employees and all existing terms and
conditions of employment are to continue in effect unless and until the parties meet
and confer regarding a change in such existing benefits, terms or conditions of
employment.
The terms and conditions of this MOU shall continue in effect during the term of
this MOU. The parties agree as follows:
33.2 The City and the LPF mutually agree that the City shall grant dues deduction to
City employees who are members of the LPF in accordance with the terms and
conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344
entitled "Adopting Rules and Regulations to Implement Provisions of the
Employee -Employer Relations Resolution." The LPF shall indemnify, defend and
hold the City of Lodi harmless against any claims made and against any suit
instituted against the City of Lodi on account of check -off of said employee
organization's dues. In addition, the LPF shall refund to the City of Lodi any
amounts paid to it in error upon presentation of supporting evidence.
23
MOU - CITY OF LODI AND LPF 201220'0122014
Changes in the LPF membership dues rate shall be certified to the City, in writing,
over the signature of the LPF President. The change shall be implemented as soon
as practicable, but in no event later than thirty (30) days after the notification.
33.3 LPF shall maintain exclusive representation rights during the term of this MOU.
Every employee covered by this MOU who is a member of LPF twenty (20) days
after the signing of this MOU shall, as a condition of employment, maintain his or
her membership in good standing in accordance with the Constitution and Bylaws
of the LPF during the term of this agreement.
33.4 No employee covered by this Memorandum of Understanding shall be
discriminated against by the City or by the Union with respect to any job benefits
or other conditions of employment accruing from this agreement because of union
membership, non -membership in the union, race, color, sex, creed, national origin,
marital status, disability or political affiliation. It is understood that violations of
this section are not subject to arbitration.
33.5 The City shall make available a period of one hour to the LPF in each recruit class
with an end toward education of each employee of the rights and benefits under the
collective bargaining agreement, as well as other association benefits, and the
responsibilities of the employee and the association.
33.6 The City and LPF agree and understand that if any section of this MOU in any way
conflicts with the terms and conditions of employment stated in other authorities,
such as personnel rules, administrative policy and procedure manual, city
resolutions, or city ordinances, any ambiguity shall be resolved in favor of the
MOU language. If the MOU is silent on an issue, the current applicable document
(i.e. policy manual) is controlling.
33.7
Professional Firefighters ce^re*^M, Beginning January 1, 2014, and each January
thereafter, the Lodi Professional Firefiehters Association will notify the City of the
hours to be deducted from each member's last pay check in February (not to exceed
10 hours annually) for the Union Leave Bank. The hours will be deducted from the
employee's holiday leave bank. Requests to use another leave bank must be
submitted to payroll two (2) weeks prior to the deduction date. Union Leave Bank
hIours may not exceed more than 600 hours on a yearly basis. The President of
the Lodi Professional Firefighters shall designate members that can use the hours.
No fner-e than �we persons shall be off a4 a fifne and this shall not effeet the regular -
time off e-al€ndar. Five daps notiee must be given to the Fi eChie€pr-ioF to using
*�cx:e bank. Hours may be donated from member's vacation leave, holiday leave or
compensatory time off. The fnember's '^^-v^ aee& „ Union Leave Bank shall be
charged an equivalent amount of time required to cover the absence of the member
utilizing the LPF bank, including any overtime required to cover the shift.A fen
24
MOU - CITY OF LODI AND LPF 201220'0122014
ARTICLE XXXIV - GRIEVANCE PROCEDURE
34.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, and formal interpretations and clarifications executed by
the LPF and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
The term "day" means a working day i.e. Monday through Friday excluding fixed
City Hall closures.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the LPF involving the interpretation, application, or
enforcement of the express terms of this MOU and other express written terms and
conditions of employment or clear past practices.
As used in this procedure, the term "parry" means an employee, the LPF, the City
or the authorized representatives of any party. The employee is entitled to
representation through all the steps in this procedure.
Matters of discipline are to be handled exclusively in accordance with the
provisions of section 34.4.
34.2 INFORMAL PROCEDURE
The informal procedure must be used as an initial step in all grievances. An
employee or their representative having a grievance arising from employment in
the municipal service shall seek adjustment of the grievance initially through verbal
contact with their immediate supervisor within twenty (20) working days of the
date of the action being grieved, or the date the grieving party became aware of the
incident which is the basis of the grievance. The employee or his/her representative
shall state the nature of the grievance and any pertinent information required for the
supervisor to sufficiently investigate the incident and resolve the grievance. Should
the immediate supervisor be unable to make a satisfactory adjustment, the
employee or their representative may seek adjustment through verbal contact to the
next higher level of supervision up to and including the Fire Chief. The time
allowed between steps in this process is ten (10) working days. All verbal contacts
shall be documented as to the date, time and place of the contact.
In matters involving disputes between two employees (including personality
conflicts between and employee and his/her supervisor), the two employees should
meet in an attempt to resolve their differences. If they cannot resolve the issues
25
MOU - CITY OF LODI AND LPF 201220'0122014
between themselves, the complaint procedure outlined in the Lodi Fire Department
Policy Manual shall be used as the Informal Grievance Procedure.
Should the employee progress through the above steps and find that the Fire Chief
is unable to make a satisfactory adjustment within the time frame given, or is a
party to the grievance, the employee or his representative may seek adjustment
through the Formal Grievance Procedure.
34.3 FORMAL PROCEDURE
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten (10) working days of the last time
deadline of the Informal Procedure, file a Formal Grievance. Initiation of the
formal grievance procedure requires that the grievance be submitted in writing.
The steps of the Formal Grievance Procedure are as follows:
Step A. Class Action Grievances or a Lodi Fire Department Grievance Form is
filed with the Fire Chief. If satisfactory adjustment is not attained the
employee or his/her representative may proceed to Step B within ten (10)
working days.
Step B. Class Action Grievances or A Lodi Fire Department Grievance Form is
filed with the City Manager. The City Manager or designee shall
investigate the grievance and shall respond in writing within ten (10)
working days. If satisfactory adjustment is not attained the employee or
his representative may proceed to Step C within ten (10) working days.
Step C If the grievance is not resolved by the City Manager or designee,
arbitration shall be the final level of appeal for grievances and discipline.
It is agreed by both parties that the decision of the arbitrator is binding
and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be
notified by the grievant or his/her representative within fifteen (15)
working days following the City Manager's decision.
Within ten (10) working days after the request for arbitration is received
by the City or at a date mutually agreed to by the parties, the parties shall
meet to select an impartial arbitrator. If no agreement is reached at this
meeting, the parties shall immediately and jointly request the State
Conciliation and Mediation Service to submit to them a panel of five (5)
arbitrators from which the City and the LPF shall alternately strike names
until one (1) name remains; this person shall be the arbitrator. If the State
Conciliation and Mediation Service cannot provide a list of five (5)
arbitrators, the same request shall be made of the American Arbitration
Association.
26
MOU - CITY OF LODI AND LPF 201220'0122014
To insure that the arbitration process is as brief and economical as
possible, the following guidelines shall be adhered to:
1. An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
2. Both parties and the arbitrator may tape record the hearing.
3. There shall be no official transcript required; however, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
4. The parties may agree to prepare a joint letter submitting the issue(s)
in dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing the
arbitration. It may contain mutually agreed on stipulations of fact
and it may be accompanied by any documents that the parties
mutually agree shall be submitted to the arbitrator in advance of the
hearing which may not necessarily be stipulations of fact. Further, if
the parties mutually agree, the entire matter may be submitted to
arbitration for review without a hearing. Absent agreement to
prepare a joint letter, the parties may submit separate letters.
5. The strict rules of evidence are not applicable but shall be of a type
or kind relied upon by prudent people in the conduct of serious
business and the hearing shall be informal.
6. The parties have the right to present and cross examine witnesses
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
7. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
8. The arbitrator may exclude witnesses and observers from the
hearing at his or her discretion.
9. The arbitration hearing shall be held on the employer's premises.
10. The cost of arbitration shall be borne equally by the parties.
However, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record
developed by the parties before and during the hearing, unless
27
MOU - CITY OF LODI AND LPF 201220'0122014
otherwise agreed to by the parties. The decision shall be in writing
and shall contain the crucial reasons supporting the decision and
award.
The arbitrator has no power to add to, subtract from, or modify the
terms of the MOU or the written ordinances, resolutions, rules,
regulations and procedures of the City, nor shall he/she impose any
limitations or obligations not specifically provided for under the
terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City or management
to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
The arbitrator's decision shall be final, binding, and precedential and
the arbitrator's decision shall possess the authority to make an
employee whole to the extent such remedy is not limited by law,
including the authority to award back pay, reinstatement, and to
issue an order to expunge the record of all references to a
disciplinary action if appropriate.
If the City believes that the matter is not arbitrable and/or not
grievable, the matter shall be bifurcated. The parties shall select an
arbitrator to hear the issue of arbitrability only. In the event that the
arbitrator determines the matter to be arbitrable, the parties shall
select a second arbitrator to hear the merits of the case.
By filing a grievance and processing it beyond the City Manager the
grievant expressly waives any right to statutory remedies for the
same contract remedies that were available through arbitration or to
the exercise of any legal process other than is provided by the
grievance/arbitration procedure for those contractual remedies under
this contract. The process in a grievance beyond the City Manager
shall constitute an express election on the part of the grievant that
the arbitration procedure is the chosen forum for resolving the issues
contained in the grievance, and that the grievant shall not resort to
any other forum or procedure for resolution or review of the issues.
The parties do not intend by the provisions of these paragraphs to
preclude the enforcement of any arbitration award in any court of
competent jurisdiction.
Allegedly discriminatory acts by the city may be addressed through
the judicial system, DFEH, EEOC, and/or the City's internal
complaint procedure system as provided by law. Allegedly
discriminatory acts are not subject to this procedure.
28
MOU - CITY OF LODI AND LPF 201220'0122014
34.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION
This section sets forth the exclusive means for grieving disciplinary actions in the
form of a written reprimand, demotion, suspension or dismissal. In the event the
employee wishes to challenge the City Manager's final decision on such discipline,
the employee shall appeal the decision to binding arbitration, commencing with
Step C of Article 34.3 of this MOU. All other, lesser forms of discipline shall be
reviewable by the Fire Chief without a further right of appeal.
ARTICLE XXXV - LAYOFF PROCEDURE
35.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the
Policy and Procedure manual, dated May 1, 1995 is included in this MOU by
reference and it is further agreed that both parties interpret it to mean that time
served in a higher level shall be counted at a lower level for purposes of
determining order of layoff.
ARTICLE XXXVI - PHYSICAL FITNESS
36.1 It is agreed that the physical fitness program shall be continued and shall meet the
following goals:
Provide a complete physical examination on an annual basis. These
examinations to be performed by professional medical staff contracted for
by the City.
Provide a fitness assessment which will evaluate each individual employee's
fitness as compared to the YMCA normative scores which are defined as:
"a percentage based on fitness evaluations performed by the YMCA and are
categorized according to age group and sex."
The fitness assessments shall be performed by professional assessors
contracted for by the City.
3. Provide an individual program of exercise based on age, sex and present
physical condition.
4. Provide attainable goals for each individual which would be measurable
through the fitness assessment provided.
5. Provide for in-house exercise activities.
6. Provide an exercise program which shall improve cardiovascular
conditioning, body fat composition, flexibility, grip strength, abdominal
strength, low back strength, chest (arm) strength, back strength, quadriceps
and hamstring strength.
29
MOU - CITY OF LODI AND LPF 201220'0122014
It is further agreed that:
1. The program shall be mandatory for all employees in the bargaining unit.
2. The program shall be scheduled as a high priority item and work out times
shall normally be available between 0800 and 1700 hours excluding lunch
period and breaks. The City shall provide adequate equipment to carry out
the intent of the program.
3. The equipment used for this program is not to be used by anyone other than
City of Lodi Fire personnel.
4. Confidentiality of records shall be maintained for the protection of the
employees.
ARTICLE XXXVII - PROBATION
37.1 During probationary period, twelve (12) months, the new hire or promotional
employee shall be entitled to sick leave benefits. Upon completion of probation,
employees are eligible for merit increases.
37.2 Employees on initial probation may not utilize vacation accruals.
37.3 Probationary releases are appealable only to the extent required by law.
ARTICLE XXXVIII - SEVERABILITY
38.1 In the event that any provision of this MOU is found by a court of competent
jurisdiction to be invalid, all other provisions shall be severable and shall continue
in full force and effect.
ARTICLE XXXIX — MISCELLANEOUS
39.1 LPF and the City of Lodi will meet and confer on entry level minimum
qualifications.
END
xxxxxx
30
SCHEDULE A
LPF Positions
Effective January 1, 201442
Occupation Title
Step A
Step B
Step C
Step D
Step E
Fire Captain
6285.73
6600.02
6930.02
7276.52
7640.34
Fire Engineer
5429.86
5701.35
5986.42
6285.74
6600.02
Fire Fighter 1
4254.43
Fire Fighter 11
4690.47
4924.99
5171.24
5429.81
5701.30
Fire Inspector
5701.35
5986.42
6285.74
6600.02
6930.03
MOU — CITY OF LODI AND LPF ''012-20°^122014
LODI PROFESSIONAL FIREFIGHTERS
Brad Doell, Fire Captain
Interim City Manager
Date:
Oscar Picazo, Fire Engineer
ManageeJordan Avers, Deputy City Manager
Date:
Paul Alvarez, Fire Engineer
Date:
William Broderick, Fire Captain
Date:
Interim City Attomey
32
CITY OF LODI
A MUNICIPAL CORPORATION
D. Stephen Schwabauer _
Date:
Date:
Rand; johl, City Clerk
APPROVED AS TO FORM:
D Stephen SehwabauerJanice Maedich,
RESOLUTION NO. 2014-45
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 MEMORANDUM OF UNDERSTANDING AND ONE-TIME
ADJUSTMENTS FOR LODI PROFESSIONAL FIREFIGHTERS AND
FURTHER APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and Lodi Professional
Firefighters have bargained in good faith for the purpose of approving the 2014
Memorandum of Understanding; and
WHEREAS, it is recommended that Council approve the attached 2014
Memorandum of Understanding (Exhibit A) with the Lodi Professional Firefighters,
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):
Current
Proposed
_ Difference
Sin le $610.44
$657.33
$46.80
Emloyee+_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 Memorandum of Understanding (Exhibit A) between the City
of Lodi and Lodi Professional Firefighters, 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. 2014-45 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
RA�GJL j HL
-OLSONN
City Clerk
2014-45
1. Ai
2. JV#
. ...... . .... . .
Asa ;srzs x - arses r r'r-a ^-; � r »r' M rfy �,r enc ,y,� ... ; L ,�xxv�� �.�^�C• 5•,� R'C
s'1f}v�n4�
1y
:Internal Services Dept, - By get Division
4.
t"�i'�..,'.'�;r ` < ;� ;> �, ;7n�i`�n<,n �{�r �� ��hro�3. �� =ti p� �� � .��. �� ``;,i.r: ks...,;;�� <h�••
•
in :i: I, I I I I
FUNGI # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT
A. 100 3205 Fund Balance $ 164,700.00
SOURCE OF
FINANCING
B. 100 102012 7101 Regular employee salary $ 164,700.00
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 Professional Firefighters MOU adopted on March 19, 2014
If Council has authorized the appropriation adjustment, complete the following:
Meeting hate: 3119/14 Res No: Attach copy of resolution to this farm,
Department bead Signature:
� ��ilS., z'rs„ ;t-� �,r�L_,� 4��i�,:X �k�4E.�.;,,a�_vi�._r.,%+. `:zt �s��y-� � e�;i� .yy... '� 7 -la„ shy +•,y�4y`
Deputy City Manager/InternalDate
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
Citi ����
MOU --- CITY OF LODI AND LPF 2014
PACT #
CHAPTER I — SALARIES AND OTHER COMPENSATION
Article .I
Above Class Pay 4
Article II
Department Sanctioned Teams 4
Article III
Education. Incentives 4
Article IV
Flexible Spending Account 5
Article V
Jury Duty 5
Article VI
Merit Increases 6
Article VII
Overtime 6
Article VIII
Salary 7
Article IX
Tuition Reimbursement 8
Article X
Deferred Compensation 8
Article XI
Uniform Allowance 8
Article XII
Workers' Compensation 8
Article XIII
Bilingual Pay 9
Article XIV
Longevity Pay 9
CHAPTER 2 — LEAVES
Article XV
Catastrophic Leave
10
Article XVI
Holidays
10
Article XVII
Leaves of Absence
I I
Article XVIII
Sick Leave
12
Article XIX
Vacation
12
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Chiropractic Insurance
13
Article XXI
Dental Insurance
13
Article XXII
Medical Insurance
13
Article XXIII
Retirement flan
13
Article XXIV
Sick Leave Conversion
15
Article XXV
Vision Care
16
CHAPTER 4 — SAFETY
Article XXVI Safety Committee 17
CHAPTER 5 -_Work Hours,_ Schedules,_ Meals
Article XXVII 56 -Flour Work Week 18
Article XXVIII Shift Trades 18
K
MOU — CITY OF LODI AND LPI='
CHAPTER C — ASSOCIATION / CITY ISSUES
Article XXIX Alcohol, Smoking, and Drugs
Article XXX City Rights
Article XXXI Complete Agreement
Article XXXII Concerted Activities
Article XXXIII
Article XXXIV
Article XXXV
Article XXXVI
Article XXXVII
Article XXXVIII
Article XXXIX
Employee Representation
Grievance Procedure
Layoff Procedure
Physical Fitness
Probation
Severability
Miscellaneous
Schedule A -- Salary Schedule Effective January 1, 2014
20
21
21
22
22
24
28
28
29
29
29
2014
MOU - CITY OF LODI AND LPF 2014
ARTICLE I - ABOVE CLASS PAY
1.1 All employees in this bargaining unit who are required to work in a higher class
shall be paid an additional 5% of the employee's salary for all hours once 12
consecutive hours have been worked.
1.2 Captains assigned as the Administrative Captain shall receive special assignment
pay equal to 8% of the normal base pay. This special assignment pay is intended to
compensate Dire Captains for the loss in pay from transferring from shift. to non -
shift schedules. It is mutually agreed that assignments to the Administrative
Captain are at the sole discretion of the Dire Chief.
ARTICLE II — DE, PARTMENT SANCTIONED 'TEAMS
2.1. It is the intent of the City to develop specialized teams to address a variety of
special hazards and provide specialized services to the department or community.
When a team is established, minimum standards for inclusion and retention as a
team member shall be developed and ratified by the Fire Chief. Any member of
the department who becomes a member of the recognized specialized team, shall
receive a 2.5% salary increase for as long as he/she meets the minimum entry level
requirements and maintains a minimum level of participation as outlined in the
team membership requirements. Each employee of the department can only receive
2.5% of salary for team membership, regardless of the number of teams the
employee belongs to.
2.2 The development of new teams shall require the submittal of minimum entry level
and performance criteria for maintenance of membership to the Dire Chief prior to
the development of the tearn. The Fire Chief shall have the sole discretion as to the
appropriate number of members per specialized team. The department sliall make
every effort to develop a cadre of specialized teams to adequately address the needs
of its members.
ARTICLE, III - EDUCATION INCENTIVE
3.1 An incentive program shall be established with the major purpose being to
encourage and reward members of the LPI' to broaden their on-the-job experience
with academic training; in the fields of science, management and administration.
3.2 Employees who meet the following criteria are eligible for education incentive pay.
A. Employees holding an Associate of Arts shall receive $25.00 per month if
the:
AA is in Fire Science or related field or;
4
MOU - CITY OF LODI AND LPF 2014
2. AA is in a non -related field with a Fire Science Certificate frons an
accredited institution or;
3. The employee possesses an AA degree and is actively pursuing a
baccalaureate degree.
B. Employees possessing a BA or BS degree shall receive ari additional $25.00
per month. If an employee possesses a BA degree, it is assumed that an AA
is also possessed.
The incentives in Section 3.2A and Section 3.213 are limited to employees
hired prior to April 18, 2012.
C. The hollowing increments shall be added to the Education Incentive
Program. It is agreed that the following amounts shall be paid if the
individual has completed the necessary course work,
0 Certified Fire Officer -------------------------------------------------$50.00 per month
0 Certified Chief Officer -----------------------------------------------$50.00 per month
0 Certified hire Investigator- Level 2 --------------------------------- $12.50 per nronth
0 Certified Fire Inst7uctor Level 3 and Mgmt 2,E ------------------- $25,00 per niontli
0 Certified l=ire Prevention Officer Level 3 and Mgmt 2.E---------$25.00 per 111013th
0 Certified Public Education Officer Level 2 ----------------------- $12.50 per month
0 Certified Fire Chic ---------------------------------------------------$25.00 per month
The maximum amount to be paid under this program is $175.00 per month.
3.3 In addition to the amounts specified in Section 3.2, an additional $25.00 per month
shall be paid if the employee possesses a Hazardous Materials Specialist/
Technician certificate.
3.4 Persons possessing the aforementioned requirements shall not receive the incentive
pay until such time as evidence of completion is produced. If they do possess the
requirements on that date, but do not have evidence of completion, pay shall be
made retroactively.
ARTICLE IV — FLEXlli3i.,i,, SPENDING ACCOUNT
4.1 The City shall include members of the LPF in the City's flexible spending account
program, which allows employees to pay for unreimbursed medical costs,
insurance premiums, and dependent care costs to be paid with pretax dollars.
_ARTICLE V - .BURY DUTY
5.1 All frill -time regular employees are granted jury duty leave with pay. Any
employee who is summoned to attend any court during the time regularly required
for his employment for the purpose of jury service shall be entitled, while so
5
MOU -- CITY OF LODI AND LPF 2014
engaged and actually serving, to his regular compensation in addition to any jury
duty compensation.
5.2 No employee shall be granted _jury duty leave with pay in which such employee
will be testifying; in behalf of oneself or as a witness in a court of law.
5.3 An employee serving on jury duty, who is not required to be in attendance at such
jury duty for more than one half of the employee's normal working day is expected
to return to his regular work assignment for the balance of the day. An employee
seated on a jury shall not be scheduled for regular work during the twelve hours
preceding the scheduled time for jury duty.
5.4 I1' 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 tune 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 tirnes 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 Dire 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.
'rhe employee shall demand a witness fee and shall reimburse the same to the City.
5.5 Voluntary Grand .fury service such as that service in San Joaquin County, is not
covered by Jury Duty leave.
.ARTICLE V1 -- MERIT INCREASES
6.1 Merit increases shall not exceed the next step of the salary range for the position's
classification.
r4RTICLE V11 - OVERTIME
7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the
rate of one and one-half times the then regular rate of the employee. Overtime
work shall be required of any employee to meet special or unusual needs of service
beneficial to the City and community. All overtime work requires the prior
approval of a supervisor. No employee on disciplinary or medical leave shall be
eligible to work overtime.
7.2 l;mployees working overtime shall be paid in increments of 15 minutes. Time
within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting;
back to the preceding increment and 8-15 minutes adjusting forward to the next
increment. Thereafter, overtime shall be compensated in increments of 1.5 minutes
at a rate of time and one-half.
6
MOU - CITY OF LODI AND LPF 2014
7.3 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be one and one-half hours for each hour worked.
7.4 No more than one hundred forty-four (144) hours of compensatory time shall be
carried on the books at any time.
7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 144
hours of earned compensatory time off twice per year, in April and October.
7.6 Upon separation, the employee shall be paid at the employee's current hourly rate
or the average of the last three years whichever is higher, for the remaining
compensatory balance.
7.7 Early call in or shift holdovers shall be compensated at the time and one-half rale.
7.8 Employees called to work outside their regular hours shall be paid at the rate of
time and one-half the hourly rate for hours actually worked with a minimum
guarantee of three (3) hours for each call.
7.9 If an employee requests time off that would result in the need for overtime, the
employee must take a minimum of three (3) hours off unless the time off is for
emergency reasons or has prior approval of the Fire Chief or his/her designee.
Except for the first or last two or less hours of the shift, shift holdover or early
relief would apply in these situations.
7.10 If a represented employee is called upon to perforin the duties of a position exempt
from the Fair Labor Standards Act, all provisions of this Article shall prevail.
1- imCLE V111- SALARY
8.1 The terms and conditions of this MOU shall continue in effect during the term of
this MOU. The City of I.,odi and I. PF agree that the term is January 1, 2014
through December 31, 2014,
8.2 The parties agree if a salary survey is performed, the fifteen cities to be surveyed
are as follows:
Chico
Clovis
Davis
Fairfield
Merced
Manteca
Modesto
Redding
Roseville
Stockton
Tracy
Turlock
Vacaville
Visalia
Woodland
8.3 City shall provide a one-time, non -PERS -able payment of $2,300 to each member
of this bargaining group who is employed by the City on the date of approval of
7
MOU — CITY OF LODI AND LPF 2014
this MOU 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 the approval of this
MOU by the City Council.
ARTICLE IX - TUITION REIMBURSEMENT
9.1 In addition to the City policy, individuals enrolling in courses offered by
recognized professional organizations which are not accredited through a college or
university shall be eligible for up to a maximum of $300.00 per fiscal year, to be
paid upon the satisfactory completion of course work. The total monetary benefit
shall not exceed the amount listed in the City Policy Manual,
AR'T'ICLE X -- DE ERRUI) COMPENSATION
1.0.1 The City shall match contributions by bargaining unit members to a deferred
compensation program up to a maximum of 3% of the member's salary.
ARTICLE X1-- UNIFORM ALLOWANCE
11.1 The City shall, on a one-time basis, provide each present and future employee with
three department approved uniform shirts and three pair of department approved.
uniform pants of a flame retardant fabric. After this initial issue the maintenance
and replacement of the uniform is the employee's responsibility.
11.2 The uniforn- allowance shall be $950 per year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
113 In addition to the above uniform allowance, City agrees 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 MOU 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 MOU by the City
Council. This clause will sunset on December 31, 2014.
ARTICLE X11 -- WORKERS' COMPENSATION
12.1 In the event that a member of the LPTi is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of his duties, he
shall become entitled, regardless of his period of service with the City, to leave of
absence while so disabled without loss of salary, in lieu of temporary disability
payments, if any, which would be payable under this chapter, for the period of such
disability but not exceeding one year, or until such earlier date as he is retired on
permanent disability pension. (State of California Labor Code, Article 7, Section
4850.)
12.2 The City shall implement Article 4850.3 of the Labor Code which provides for
advance disability payments prior to receipt of industrial disability retirement
allowance to the member.
MOU - CITY OF LODI AND LPF 2014
ARTICLE X111- MUNGUAL PAY
13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking
Spanish and/or Punjabi, subject to the eligible employee passing a proficiency
exam administered and approved by the City.
ARTICLE XIV- LONGE, VITV PAV
14.1 After completing ten years of service with the Lodi hire 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 Hire Department. Employees
who have completed twenty years of service with the Lodi fire Department will
receive longevity pay in the amount of $3,000 in November of the year following;
completion of twenty full years of service and each year thereafter.
hor the purposes of this Article, all employees who as of October 31" meet the
service level requirements (either ten frill years or twenty lull years from 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.
The incentive in this Article is limited to employees hired prior to April 18, 2012.
A
MOU — CITY OF LODI AND LPF 2014
R I'
ARTICLE XV- CATASTROPHIC LEAVE
15.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave
Policy set forth in the City's current Administrative Policy Manual.
ARTICLE .XVI- HOLIDAYS
16.1 Shift Employees in the LPF shall earn 156 hours of holiday leave per year. Iii
January of each year, every shift employee's holiday account shall be credited with
156 hours. Employees hired nhid-year or terminating mid -year shall have holiday
hours credited or deducted at the rate of 6.0 hours per pay period.
16.2 A shift employee may opt to schedule holidays or to be compensated at the straight
time rate for all hours of holiday leave. During; the course of the year, an employee
who opted to use scheduled holidays may at their request and at the sole discretion
of the hire Chief, schedule a day off in lieu of cash payment. Each year, the pay
period in which December 1 falls, employees shall be Maid for the unused holidays
at the straight -time rate as of December 31 of the year in which the holidays were
earned.
1.6.3 Non -shift employees shall observe 9 1/2 fixed holidays per year:
0 New Year's Day
January 1
0 Martin Luther King Day
31d Monday in January
0 President's Day
3rd Monday in February
0 Memorial Day
4th Monday in May
0 Independence Day
July 4
0 Labor Day
lst Monday in September
0 Thanksgiving Day
4th `Thursday in November
0 Day after- Thanksgiving Day
Friday following Thanksgiving; Day
0 Christmas Eve {four hours)
December 24
0 Christmas Day
December 25
The employee shall also be granted four additional holidays to be taken at a time
mutually agreeable to the employee and the Fire Chief.
If a scheduled holiday falls on a regularly scheduled day off the employee shall
take off the day preceding or day succeeding the holiday. Floating holidays shall
be prorated upon hiring and termination at the rate of one holiday for each three-
month period worked.
16.4 Nothing in this MOU is construed to change the manner in which holidays or
vacations are scheduled.
10
MOU - CITY OF LODI AND LPF 2014
16.5 It is mutually agreed that two represented employees per shift shall be allowed to
schedule vacations or holiday tinge. Leave for sickness, injury, or leave for school
shall not effect this time off
ARTICLE XV11- LILAViS OF MsENCE
17.1 The City and LPF mutually agree that inability to return to work after an
employee's sick leave has been exhausted shall be considered an urgent and
substantial reason for the granting of a leave of absence in accordance with the
Leave of Absence policy in the City of Lodi Administrative Policy Manual.
17.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City in conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a permanent employee is not impaired by such leave of absence.
17.3 Employees who are placed in a Leave Without Pay status following the expiration
of sick leave, vacation, or compensatory time off', such that the employee is no
longer in a pay status shall not receive employer paid employment benefits.
However, if the leave is for medical reasons the medical insurance will be carried
for three months at the City's expense. Other health benefits may be continued at
the employee's expense.
17.4 Firefighters are entitled to leave without pay or other benefits for up to four months
from the date of disability for disabilities because of pregnancy, miscarriage,
childbirth, or recovery therefrom when sick leave has been exhausted. The date on
which the employee shall resume duties shall be determined by the employee on
leave and the employee's physician.
17. 5 An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position, or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided prior to an employee's
return to work.
17.6 An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to the City of the anticipated
date upon which leave shall commence, although the commencement date shall
vary according to the employee's actual disability. She must also provide an
estimate of the duration of the leave.
11
MOU — CITY OF LODI AND LPF 2014
ARTICLE XVIII - SICK LEAVE,
18.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per
pay period. Employees working; a 40 -hour week shall earn 3.70 hours per pay
period.
18.2 Sick leave accumulated shall be unlimited.
18.3 One working day is defined as 12 work hours (I duty day) for all LPF personnel
working on a shift schedule.
18.4 Absence to care for a member of an employee's immediate family is authorization
to use up to 72 flours of accumulated sick leave. Generally no more than 120 hours
of family sick leave shall be approved in one calendar year.
ARTICLE XIX - VACATION
I3c sir ning with:
Date of Hire: 5.54 hours per pay period
6th year 8.31 flours 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 fours per pay period
24th year
13.32 hours per pay period
25`1' year/above
13.88 hours per pay period
Members of LIT will have the option of cashing out any vacation time in excess of two
tours {96 hours) of duty. Members must utilize at least two tours of their vacation time
each year. Members shall request a cash out of vacation time between November I and
November 15 of each year and will receive the payout of vacation time at straight time pay
on the first regularly scheduled pay check in December.
12
MOU — CITY OF LODI AND LPF 2014
Chapter 3, Insurance and Retirement
ARTICLE XX -- CHIROPRACTIC INSURANCE
20.1 Chiropractic services may be received by employees and dependents through a
chiropractic insurance plan.
20.2 The City shall pay the full costs of premiums for the employee and dependent(s)
during the life of this agreement.
MmCLE XXI - DENTAL INSURANCE
21.1 The City shall provide Stanislaus foundation dental plan or an equivalent level of
benefits for the term of this agreement.
21.2 The City shall pay the increased cost of such premiums for the life of the
agreement.
ARTICLE XVII - MEDICAL INSURANCE
22.1 All employees shall be offered medical insurance for themselves and dependents
through CaIPE'RS medical pians. The City shall pay 100% of the premium for the
employees' family category (Single, Employee d- 1, family) for the lowest cost
HMO available in Lodi's geographical area (excluding POR11C) as of January 1,
2014.
Effective January 1, 2014, the City's contributions to the premiums for medical
insurance coverage will be capped at the following rates and employees shall be
responsible for premium costs in excess of this amount:
Single $657.33
EE+ 1 $1,314.66
EE+family $1,709.06
22.2 If an employee is otherwise covered by a medical plan and elects not to be covered
by medical insurance through the City of Lodi, an additional:
EE only $305.22
EE 1 $532.92
EE family $692.81
will be added to either the employee's deferred compensation account 01, cash. In
order to qualify, proof of group insurance must be provided to the city.
ARTICLE XXIII - RETIREMENT PLAN
23.1 The City 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:
13
MOU - CITY OF LODI AND LPF 2014
® Public Safety 3% @ 50 plan
® 1959 Survivor benefits - P Level
0 Single Highest Year
0 Credit for Unused Sick Leave
0 Military Service Credit
0 Employee shall pay the full employee share of retirement costs to a
maximum of 9% of salary
23.2 For employees hired after December 22, 2012 and deemed to be "classic"
employees by PERS, the following retirement plan will apply:
Public Safety 3% @ 55 plan
® 1959 Survivors Benefit —Third Level
Average of three highest consecutive years
® Credit for Unused Sick Leave
® Military Service Credit
® Employee shall pay the full employee share of retirerrrent costs to a
maximum of 9% of salary
23.3 The City agrees to provide the following PERS retirement program and pay the
employer's cost for employees deemed to be "new" employees by PERS under the
Public Employee's pension Reform Act of 2013.(PEPRA)-
® Public Safety 2.7% @ 57 plan
® 1959 Survivors Benefit —Third Level
Average of three highest consecutive years
® Credit for Unused Sick Leave
® Military Service Credit
Employee shall pay the full employee share of retirement costs as calculated
by PERS in its annual actuarial valuation
23.4 To the extent permitted by PERS law, the parties intend the following items to be
considered PERSable compensation:
• Salary
• Department sanctioned teams
• Education/certifrcation incentives
® Uniform allowance
® Longevity pay
• Bilingual pay
® Holiday pay
® IiLSA pay
14
MOU — CITY OF LODI AND LPF 2014
ARTICLE XXIV - SICK LEVE CONVERSION
24.1 For all unused sick leave, a represented employee with ten years of employment
with the City shall be eligible to receive medical, dental and vision insurance
coverage upon retirement (but not upon resignation, transfer or termination) on the
following; basis:
After 10 }fears of employment by the City, the number of hours of unused sick
leave shall be reduced by 16 213%. The remaining; balance shall be converted into
an equivalent number of days. (NOTE. A day is equivalent to 12 hours for
employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour
week schedule). The number of days shall be multiplied by the then current
monthly premium being paid by the City for the employee and if applicable l -Lis
dependents, subject to the cap shown in Article XXII. 50% of that dollar value shall
be placed into a "bank" to be used for medical, dental and vision insurance
premiums for the employee and dependent. For each year that an employee has
been employed in excess of 10 years, 2 112% shall be added to the 50% before
valuing the unused sick leave, not to exceed 100% of that dollar value.
For example:
Robert Smith retires with 20 years of service and 1800 hours of unused sick leave.
City paid monthly medical insurance premiums are $344.45 for him and his wife.
11300-(11300 x 16 213) = 1500 hours
1500-12 = 125 days x 75% = 93.75
93.75 x $344.45= `l; 32,292.19
This amount shall be reduced each month by the current premium(s) for the
employee and dependent until the balance is gone, In the event the retiree dies the
remaining bank shall be reduced by 50% and the survivor may use the bank until
the balance is gone.
24.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving dependents shall have an
interest in one-half the value of the bank as calculated in Section 24.1.
24.3 Represented employees who retire on a service retirement and are eligible to
convert accrued, unused sick leave into City paid insurance upon retirement shall
be given the option of purchasing, at the retiree's cost, additional insurance for a
period of time equal to the period of time for which they received. City paid
insurance upon retirement.
Employee's option shall be exercised upon expiration of the City paid coverage.
15
MOU - CITY OF LODI AND LPF 2014
24.4 In accordance with the sick leave conversion provision outlined in this MOU, a
surviving spouse of either an active or retired member may be continued on the
medical insurance plan and/or dependent coverage at the appropriate premium for
the same period as if the employee had not died.
24.5 An employee eligible for the sick leave conversion program defined in Section 24.1
may choose instead to receive a cash settlement for all or part of unused sick leave
at the rate of $.30 on the dollar. Under this provision, the employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current pay rate.
24.6 Out of area retirees may receive reimbursement for insurance premiums up to the
City's liability as specified in Section 24,1.
24.7 The City shall modify its contract with PIJRS to add credit for unused sick leave
per Government Code Section 20862.8. This benefit is available to all employees
regardless of the date hired; however, it is the only sick leave conversion benefit
available to employees hired after December 6, 1995. Reporting; of unused sick
leave shall be pursuant to PERS regulations on said issue. If an eligible employee
opts to utilize the provisions of Section 24.1 the City shall report to PERS they
have zero (0) hours of unused sick leave.
ARTICLE V- VISION CARE
25.1 The City shall provide and pay for a vision care plan underwritten by VSP or
comparable vision care plan. Such comparable vision care plan shall be the same
as the plan offered to mid and executive management employees in the City. The
plan shall have a $25 deductible, shall provide annual examinations and lenses.
Frames are available every two years.
16
MOU — CITY OF LOD] AND LPF 2014
ARTICLE XXVI - SAFFTY COMMITTEE
26.1 A six -member Joint Safety Committee shall be formed to include three members of
the LPI. This committee shall be charged with reviewing and making proposed
solutions to items relating to safety standards, equipment, procedures, clothing; and
other safety related matters.
IN
MOU — CITY OF LODI AND LPF 2014
ARTICLE XXV1 - 56- HOUR WORK WEE, K
27.1 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.
For purposes of overtime calculations under the FLEA, sick leave, vacation leave,
compensatory time, and holiday leave will be considered time worked.
27.2 If an employee assigned to a 56 -hour work week schedule terminates his/her
employment in the middle of a two week payroll cycle, the employee's pay for that
cycle shall be computed by multiplying the number of days between the first day of
the payroll cycle and the last shift worked by eight (8) hours or the number of
actually worked in that payroll cycle, whichever is greater.
27. 3 It is agreed that the work schedule of the Fire Inspector and the Administrative
Captain is a 40 -hour week and that all holiday, vacation, and sick leave benefits are
based on a 40 -hour week rather than a 56 -hour week.
27. 4 In order to convert the hours for employees that move from a 40 -hour work week to
a 56 -hour work week the following formulas shall 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
Froze 56 to 40 hours ........... Multiply by .666667
ARTICLE XXVHI - SHIFT TRADES
28.1 It is mutually agreed that each employee may trade shifts.
A firefighter while on initial probation may initiate shift trades for a hardship, in
writing, with approval from their Captain and Battalion Chief. Shift trades for
probationary firefighters are acceptable for attendance at approved training classes
or serninars only.
28.2 Itis expressly understood that shift trades are requested by employees on a
voluntary basis and are granted exclusively for employee convenience.
28.3 A shift trade commitment shall be considered the equivalent of the employee's
regularly assigned work day. Any member- of the bargaining unit who agrees to a
shift trade, but fails to report to work the agreed shift without a valid excuse may be
18
MOU — CITY OF LODI AND LP;= 2014
subject to disciplinary action. An employee who agrees to exchange time with
another employee and who then fails to report to work the agreed time because of
illness, or who reports, but leaves early due to illness, may be required to provide a
doctor's note to verify the illness.
28.4. in the event that the person who had agreed to work is unable to do so, Ile/she shall
make the necessary arrangements to fulfill the obligation. This can be
accomplished by: trading with another employee meeting the shift trade
requirements; forfeiting sick, holiday, compensatory time, or vacation time,
whichever is appropriate based on department policy; or injury leave if appropriate.
19
MOU — CITY OF LODI AND LPF 2014
Chapter 6. Association/City Issues
AR`l<'ICLI XXIX ALCOHOL, SMOKING ANI) DRUGS
29.1 No member of the lire Department hired after October 1, 1987 may at any time use
any form of tobacco. "Phis prohibition is considered a condition of employment.
29.2 The HIF shall be covered under the Drug -Free Workl)lace policy and procedure.
In addition, the LPI' shall be covered under the Drug and Alcohol Testing policy
and procedure with the exception of random testing. (Section 34520(e) of the
California Vehicle Code exempts fire employees from the provisions of the
Omnibus 'Transportation Employee Testing Act of 1991.)
29.3 In the event an employee is involved in an accident while operating; a City vehicle
the employee shall not leave the scene of the accident until a determination for drug
and/or alcohol testing has been made by the appropriate supervisor.
29.4 In the event an employee is being; referred to drug and/or alcohol testing, the
employee shall have the right to representation or a witness. The witness may
include an on -duty employee, as long as there is no interference with business
neces$ity.
29.5 Supervisors directing an employee to drug and/or alcohol testing shall document at
the time of direction the reason(s) for such determination of the Reasonable
Su.V)icion Test form, and present that form to the employee.
29.6 The reporting of prescription medication being taken by an employee to his/her
supervisor shall be kept in confidence.
29.7 In the event an employee's locker or storage area is to be searched, the employee
shall have the right to representation or a witness. The witness may include an on -
duty employee, as long as there is no interference with business necessity.
29.8 If a member of the Dire Department has a drug, tobacco or alcohol problem or
dependence, the City shall pay the difference between the employee's insurance
and the cost of an appropriate rehabilitation program.
29.9 All supervisory employees, including those in the rank of Fire Captain, shall attend
training on making a reasonable suspicion determination of being under the
influence of drugs and/or alcohol, and the appropriate referral process. Such
training shall be provided by the City of Lodi. Non -supervisory employees may
attend the training provided that there is adequate attendance capacity, and that the
cost of the training shall be borne by the employee.
20
MOU - CITY OF LODI AND LPF
2014
ARTICLE XXX - CITY RIGHTS
30.1 It is further understood and agreed between the parties that nothing contained in
this MOU shall be construed to waive or reduce any rights of the City, which
include, but are not limited to, the exclusive rights:
0 to determine the mission of its constituent departments, commissions and
boards;
0 to set standards of service;
0 to determine the procedures and standards of selection for employment;
0 to direct its ernployees; to maintain the efficiency of governmental operations;
0 to determine the methods, means and personnel by which government
operations are to be conducted;
0 to take all necessary actions to carry out its mission in emergencies; and
0 to exercise complete control and discretion and the technology of performing its
work.
30.2 City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work or
other legitimate seasons, to take disciplinary action, and to determine the content of
Job classifications; provided, however, that the exercise by the City of the rights in
this paragraph does not preclude employees or their recognized employee
organizations from filing grievances regarding the practical consequences that
decisions on such matters may have on wages, hours or other terms and conditions
of employment.
30.3 Pei, Side fetter dated September 14, 2011: The Lodi Professional firefighters
(LPI') recognizes and accepts the City's right to determine the procedures and
standards of selection for promotion. This recognition does not preclude the LPF
from discussing with the City the LPL's point of view as it relates to the timeliness
and necessity of promotions. The merits of each promotion should be discussed by
both parties with the intent of reaching an understanding. It is the LPF's contention
that economics is one component and should not be the sole deciding factor when
determining whether to promote or not. It is through joint discussions that the City
and the LPF believe resolution can be found.
ARTICLE, XXXI --- COMPLETE AGREEMENT
31.1 The parties acknowledge that during the negotiations which resulted in this MOU,
each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the scope of negotiations,
and that the understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in the MOU. Any other prior
existing understanding or agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their entirety.
21
MOU -- CITY OF LODI AND LPF 2014
31.2 Per the Side Letter signed on May 20, 2004: Except as required by operational/or
business necessity impacting City employees as a whole, there shall be no changes
to the Rules for Personnel Administration during the term of this MOU. This does
not prevent the parties from mutually agreeing to meet and confer over proposed
changes to the Rules during the term of this MOU.
.ARTICLE XXXII W CONCEWfEi) ACTIVITIES
32.1 Represented employees agree that they shall not strike, withhold services, engage
in "slowdowns" or "sick ins" or participate in any other form of concerted activity
which is intended to or which does adversely affect job performance or rendering
of City services.
ARTICLE XXXIII - EMPLOyr,.E REPRESENTATION
33.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered
into between representatives of the City of Lodi (hereinafter referred to as "City")
and representatives of the Lodi Professional Firefighters (hereinafter referred to as
"LPF").
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Section 3500 et
seq. of the Government Code of the State of California, and further acknowledge
and agree that all matters upon which the parties reached agreement are set forth in
this MOU.
The terms and conditions of this MOU are applicable to those employees in those
positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter
II, Fire Engineer, Fire Captain, and Fire Inspector. It is mutually agreed that wages,
hours, and other terms and conditions of employment of such employees shall be as
hereinafter set forth, Except as specifically stated in this Memorandum, all existing
benefits currently being furnished to employees and all existing terms and
conditions of employment are to continue in effect unless and until the parties rneet
and confer regarding a change in such existing benefits, terms or conditions of
employment.
The terms and conditions of this MOU shall continue in effect during the term of
this MOU. The parties agree as follows:
33.2 The City and the LPF mutually agree that the City shall grant dues deduction to
City employees who are members of the I.,PF in accordance with the terms and
conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344
entitled "Adopting Rules and Regulations to Implement Provisions of the
Employee -Employer Relations Resolution." The LPF shall indemnify, defend and
hold the City of Lodi harmless against any claims made and against any suit
instituted against the City of Lodi on account of check -off of said employee
organization's dues. In addition, the I.,PF shall refund to the City of Lodi any
amounts paid to it in error upon presentation of supporting evidence.
22
MOU — CITY OF LOD] AND LPF 2014
Changes in the LPF membership dues rate shall be certified to the City, in writing,
over the signature of the LPF President. The change shall be implemented as soon
as practicable, but in no event later than thirty (30) days after the notification.
33.3 L,I'F shall maintain exclusive representation rights during the term of this MOU.
l"very employee covered by this MOU who is a member of LPF twenty (20) days
after the signing of this MOU shall, as a condition of employment, maintain his or
her membership in good standing in accordance with the Constitution and Bylaws
of the LPF during the term of this agreement.
33.4 No employee covered by this Memorandum of Understanding shall be
discriminated against by the City or by the Union with respect to any job benefits
or other conditions of employment accruing from this agreement because of union
membership, non -membership in the union, race, color, sex, creed, national origin,
marital status, disability or political affiliation. It is understood that violations of
this section are not subject to arbitration.
33.5 The City shall make available a period of one hour to the LPF in each recruit class
with an end toward education of each employee of the rights and benefits under the
collective bargaining agreement, as well as other association benefits, and the
responsibilities of the employee and the association.
33.6 The City and LPF agree and understand that if any section of this MOU in any way
conflicts with the terms and conditions of employment stated in other authorities,
such as personnel rules, administrative policy and procedure manual, city
resolutions, or city ordinances, any ambiguity shall be resolved in favor of the
MOU language. If the MOU is silent on an issue, the current applicable document
(i.e. policy manual) is controlling.
33.7 Beginning January 1, 2014, and each January 1 thereafter, the Lodi Professional
Firefighters Association will notify the City of the hours to be deducted from each
member's last pay check in February (not to exceed 10 hours annually) for the
Union Leave Bank. The hours will be deducted from the employee's holiday leave
bank. Requests to use another leave bank must be submitted to payroll two (2)
weeks prior to the deduction date. Union Leave Bank hours may not exceed more
than 600 hours on a yearly basis. The President of the Lodi Professional
Firefighters shall designate members that can use the flours. Hours may be
donated from member's vacation leave, holiday leave or compensatory time off.
The Union Leave Bank shall be charged an equivalent amount of time required to
cover the absence of the member utilizing the LPI bank, including any overtime
required to cover the shift.
23
MOU — CITY OF LODI AND LIEF 2014
A.RTICLg, XXXTV - GRIEVANCE PROCEDURE
34.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, and formal interpretations and clarifications executed by
the LPI~ and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
The term. "day" means a working day i.e. Monday through Friday excluding fixed
City Hall closures.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the LPF involving the interpretation, application, or
enforcement of the express terms of this MOU and other express written terins and
conditions of employment or clear past practices.
As used in this procedure, the terns "party" means an employee, the LPH the City
or the authorized representatives of any party. The employee is entitled to
representation through all the steps in this procedure.
Matters of discipline are to be handled exclusively in accordance with the
provisions of section 34.4.
34.2 INFORMAL PROCEDURE
The informal procedure must be used as an initial step in all grievances. An
employee or their representative having a grievance arising from employment in
the municipal service shall seek adjustment of the grievance initially through verbal
contact with their immediate supervisor within twenty (20) working days of the
date of the action being grieved, or the date the grieving party became aware of the
incident which is the basis of: the grievance. The employee or his/her representative
shall state the nature of the grievance and any pertinent information required for the
supervisor to sufficiently investigate the incident and resolve the grievance. Should
the immediate supervisor be unable to make a satisfactory adjustment, the
employee or their representative may seek adjustment through verbal contact to the
next higher level of supervision up to and including the hire Chief. The time
allowed between steps in this process is ten (10) working days. All verbal contacts
shall be documented as to the date, time and place of the contact.
In matters involving disputes between two employees (including personality
conflicts between and ernployce and his/her supervisor), the two employees should
meet in an attempt to resolve their differences. If they cannot resolve the issues
between themselves, the complaint procedure outlined in the Lodi Fire Department
Policy Manual shall be used as the Informal Grievance Procedure.
24
MOU CITY OF LODI AND LPF 2014
Should the employee progress through the above steps and find that the Fire Chief
is unable to make a satisfactory adjustment within the time frame given, or is a
party to the grievance, the employee or his representative may seek adjustment
through the Iiormal Grievance Procedure.
34.3 l"ORMAL PROCIsDURI
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten (10) working days of the last time
deadline of the Informal Procedure, file a Formal Grievance. Initiation of the
formal grievance procedure requires that the grievance be submitted in writing.
The steps of the Formal Grievance Procedure are as follows:
Step A. Class Action Grievances or a Lodi Dire Department Grievance Form is
filed with the Dire Chief. If satisfactory adjustment is not attained the
employee or his/her representative may proceed to Step B within ten (10)
working days.
Step B. Class Action Grievances or A Lodi hire Department Grievance Dorm is
filed with the City Manager, The City Manager or designee shall
investigate the grievance and shall respond in writing within ten (10)
working days. If satisfactory adjustment is not attained the employee or
his representative may proceed to Step C within ten (10) working days,
Step C If the grievance is not resolved by the City Manager or designee,
arbitration shall be the final level of appeal for grievances and discipline,
It is agreed by both parties that the decision of the arbitrator is binding
and final on both parties and that: if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be
notified by the grievant or his/her representative within fifteen (15)
working days following the City Manager's decision.
Within ten (10) working days after the request for arbitration is received
by the City or at a date mutually agreed to by the parties, the parties shall
meet to select an impartial arbitrator. If no agreement is reached at this
meeting, the parties shall immediately and .jointly request the State
Conciliation and Mediation Service to submit to them a panel of five (5)
arbitrators from which the City and the L,PF shall alternately strike names
until one (1) name remains; this person shall be the arbitrator. If the State
Conciliation and Mediation Service cannot provide a list of five (5)
arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as
possible, the following guidelines shall be adhered to:
25
MOU — CITY OF (ODI AND i_PF 2014
An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
2. Both panties and the arbitrator may tape record the hearing.
3. 'There shall be no official transcript required; however•, either party
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by the
parties.
4. The parties may agree to prepare a joint letter submitting the issue(s)
in dispute. The Ietter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing the
arbitration. It may contain mutually agreed on stipulations of fact
and it may be accompanied by any documents that the parties
mutually agree shall be submitted to the arbitrator in advance of the
hearing which may not necessarily be stipulations of fact. Further, if
the parties mutually agree, the entire (natter may be submitted to
arbitration for review without a hearing. Absent agreement to
prepare a joint letter, the parties may submit separate letters.
5. The strict rules of evidence are not applicable but shall be of a type
or kind relied upon by prudent people in the conduct of serious
business and the hearing shall be informal.
6. The parties have the right to present and cross examine witnesses
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
7. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
S. The arbitrator may exclude witnesses and observers from the
hearing; at his or her discretion.
9. The arbitration hearing shall be held on the employer's premises.
M The cost of arbitration shall be borne equally by the parties.
However•, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record
developed by the parties before and during the hearing, unless
otherwise agreed to by the parties. The decision shall be in writing
and shall contain the crucial reasons supporting the decision and
award.
26
MOU -- CITY OF LODI AND LPF 2014
The arbitrator has no power to add to, subtract from, or modify the
terms of the MOU or the written ordinances, resolutions, rules,
regulations and procedures of the City, nor shall he/she impose any
limitations or obligations not specifically provided for under the
terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City or management
to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
The arbitrator's decision shall be final, binding, and precedential and
the arbitrator's decision shall possess the authority to mare an
employee whole to the extent such remedy is not limited by law,
including the authority to award back pay, reinstatement, and to
issue an order to expunge the record of all references to a
disciplinary action if appropriate.
If the City believes that the matter is not arbitrable and/or not
grievable, the matter shall be bifurcated. The parties shall select an
arbitrator to hear the issue of arbitrability only. In the event that the
arbitrator determines the matter to be arbitrable, the parties shall
select a second arbitrator to hear the merits of the case.
By filing a grievance and processing it beyond the City Manager the
grievant expressly waives any right to statutory remedies for the
same contract remedies that were available through arbitration or to
the exercise of any legal process other than is provided by the
grievance/arbitration procedure for those contractual remedies under
this contract. The process in a grievance beyond the City Manager
shall constitute an express election on the part of the grievant that
the arbitration procedure is the chosen forum for resolving the issues
contained in the grievance, and that the grievant shall not resort to
any other forum or procedure for resolution or review of the issues.
The parties do not intend by the provisions of these paragraphs to
preclude the enforcement of any arbitration award in any court of
competent jurisdiction.
Allegedly discriminatory acts by the city may be addressed through
the judicial system, DI?EH, EEOC, and/or the City's internal
complaint procedure system as provided by law. Allegedly
discriminatory acts are not subject to this procedure.
34.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION
This section sets forth the exclusive means for grieving disciplinary actions in the
form of a written reprimand, demotion, suspension or dismissal. hr the event the
27
MOU — CITY OF LODI AND LPF 2014
employee wishes to challenge the City M'anager's final decision on such discipline,
the employee shall appeal the decision to binding arbitration, commencing with
Step C of Article 34.3 of this MOU. All other, lesser forms of discipline shall be
reviewable by the Hire Chief without a further right of appeal.
ARTICLI; XXXV - LA VOFF PROCEDURE
35.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the
Policy and Procedure manual, dated May 1, 1995 is included in this MOU by
reference and it is further agreed that both parties interpret it to mean that time
served in a higher level shall be counted at a lower level for purposes of
determining order of layoff.
ARTICIX XXXVI W P. YSICAL FITNESS
36.1. It is agreed that the physical fitness program shall be continued and shall meet the
following goals:
1. Provide a complete physical examination on an annual basis. These
examinations to be performed by professional medical staff contracted for
by the City.
2. Provide a fitness assessment which will evaluate each individual employee's
fitness as compared to the YMCA normative scores which are defined as:
"a percentage lased on fitness evaluations performed by the YMCA and are
categorized according to age group and sex. "
The fitness assessments shall be performed by professional assessors
contracted for by the City.
3. Provide an individual program of exercise based on age, sex and present
physical condition.
4. Provide attainable goals for each individual which would be measurable
through the fitness assessment provided.
5. Provide for in-house exercise activities.
6. Provide an exercise program which shall improve cardiovascular
conditioning, body fat composition, flexibility, grip strength, abdominal
strength, low back strength, chest {arm) strength, back strength, quadriceps
and hamstring strength.
It is further agreed that:
The program shall be mandatory for all employees in the bargaining unit.
MOU - CITY OF LODI AND LPF 2014
2. The program shall be scheduled as a high priority item and work out times
shall normally be available between 0800 and 1700 hours excluding lunch
period and breaks. The City shall provide adequate equipment to carry out
the intent of the program.
The equipment used for this program is not to be used by anyone other than
City of Lodi Tire personnel.
4. Confidentiality of records shall be maintained for the protection of the
employees.
ARTICLE XXXVI1 - PROBATION
37.1 During probationary period, twelve (12) months, the new hire or promotional
employee shall be entitled to sick leave benefits. Upon completion of probation,
employees are eligible for merit increases.
37.2 Employees on initial probation may not utilize vacation accruals.
37.3 Probationary releases are appealable only to the extent required by law,
ARTICLE XXXVII1- SEVERABILITY
38.1 1n the event that any provision of this MOU is found by a court of competent
jurisdiction to be invalid, all other provisions shall be severable and shall continue
in full force and effect.
ARTICLE XXXIX — MISCELLANEOUS
39.1 LI'T and the City of Lodi will meet and confer on entry level minimum
qualifications.
M
SCHEDULE A
LPF Positions
Effective January 1.20X4
Occupation Title
_ Ste A
___ SteM B
� Step C
Ste D Ste E
Fire Captain
6285.73
6600.02
6930.02
7276.52 7640.34
Fire Engineer
_5429.86
5701.35
5986.42
6285.74 6600.02
Fire Fi hq ter 1
4254.43
_
Fire Fighter 11
4690.47
4924.3_9
5171.24
5429.81 5701.30
Fire Inspector
5701.35
5986.42
6285.74
6600.02 6930.03
MOU — CITY OF LODI AND LEAF 2014
CITY OF LODI
LODI PROFESSIONAL, FIREFIGHTERS A MUNICIPAI., CORPORATION
Brad Doell, Fire Captain
Date:
Oscar Picazo, Fire Engineer
Date:
Paul Alvarez, Fire Engineer
Date:
"William Broderick, Fire Captain
Date:
31
Stephen Schwabauer, Interim City
Manager
Date:
Jordan Ayers, Deputy City Manager
Date:
APPROVED AS TO FORM:
Janice Magdich, Interim City Attorney