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HomeMy WebLinkAboutResolutions - No. 2012-20RESOLUTION NO. 2012-20 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE STATEMENT OF BENEFITS WITH THE LODI FIRE MID -MANAGEMENT WHEREAS, representatives from the City of Lodi and Lodi Fire Mid -Management unit have bargained in good faith for the purpose of amending certain articles of the Statement of Benefits. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that it does hereby approve the attached Statement of Benefits (Exhibit A) between the City of Lodi and the Lodi Fire Mid -Management unit. Date: March 7, 2012 hereby certify that Resolution No. 2012-20 was passed and adopted by the Lodi City Council in a regular meeting held March 7, 2012, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS—Johnson ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None N JOHL City Clerk 2012-20 EXHiBIT A� CITY OF LODI LODI FIRE MID -MANAGEMENT (LFMM) STATEMENT OF BENEFITS JANUARY 1,2012 -DECEMBER 31,2013 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS TABLE OF CONTENTS PAGE # Article I Salary 3 Article II Deferred Compensation 3 Article III Flexible Spending Account 3 Article IV Chiropractic 4 Article V Education Incentive 4 Article VI Longevity Pay 5 Article VII Overtime 5 Article VIII Retirement 6 Article IX Vacation Leave 7 Article X Administrative Leave 8 Article XI Holidays 8 Article XII Sick Leave 8 Article XIII Sick Leave Conversion 8 Article XIV Survivors Benefits 9 Article XV Executive Physical Examinations 10 Article XVI Medical Insurance 10 Article XVII Dental Insurance 11 Article XVIII Vision Insurance 11 Article XIX Life Insurance 11 Article XX Uniform Allowance 11 Article XXI Tuition Reimbursement 11 Article XXII 56 -Hour Work Week 12 Article XXIII Personal Liability 12 Article XXIV Grievance Procedure 13 Article XXV Disciplinary Procedure 14 Article XXVI City Rights 16 Article XXVII Department Sanctioned Teams 16 SCHEDULE A Salary Schedule 18 2 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS FIRE MID -MANAGEMENT CLASSIFICATIONS Fire Division Chief Fire Battalion Chief ARTICLE I - SALARY 8.1 Bargaining unit members agree to accept the following furloughs percentage and hours — for both 56 hour and 40 hour personnel — during the term of this MOU: July 1, 2012 to June 30, 2013 - 6% (175 hours for those working a 56 -hour workweek, and 125 hours for those working a 40 -hour workweek) July 1, 2013 to December 31, 2013 — 3% (44 hours for those working a 56 -hour workweek, and 31 hours for those working a 40 -hour workweek) For Battalion Chiefs, furlough hours will be "smoothed"through the term of the contract in equal amounts; furlough hours must be used by December 31, 2014 in an effort to reduce the impact on the department. For Division Chiefs, furlough hours will be deducted from pay as they are used. If furlough hours are not used in appropriate fiscal year, the appropriate hours will be deducted on the last paycheck of the fiscal year. For hours in FY 13/14, any remaining hours will be deducted on the paycheck that includes December 31, 2013. 1.2 Employees shall have the same Bilingual Incentive as set forth in the LPF MOU. 1.3 If any City bargaining unit receives a salary increase or a higher value medical and/or retirement benefit for the MOU negotiated (or last/best/final offer imposed) that otherwise expires on December 31,2013 the LFMM will receive the same benefit. 8.1 The City of Lodi and the Fire Mid -Management group agree that the term of this agreement is January 1,2012 to December 31,2013. ARTICLEJI .- DEFERRED COMPENSATION 2.1 Employees may participate in the City's Deferred Compensation Plan. 2.2 The City matches up to a maximum of 3.0% of base salary. ARTICLE III - FLEXIBLE SPENDING ACCOUNT 3.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; a. Premium Conversion b. Non -reimbursed Health Care c. Dependent Care Reimbursement 3 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS 3.2 Elections for the calendar year will be made each December, or if a change in family status occurs. Money not used by the end of each calendar year will be forfeited by the employee. ARTICLE IV - CHIROPRACTIC Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. This benefit allows up to a maximum of 40 visits per calendar year. Co -payments for services are $10.00. ARTICLE V - EDUCATION. INCENTIVE 5.1 Education incentives will be available to eligible employees for specified degrees, certifications, and licenses. 5.2 Associate of Arts Degree - $50.00 per month if the : a. AA Degree is in Fire Science of related field; b. AA Degree is in a non -related field with a Fire Science Certificate from an accredited institution. c. Employee has AA Degree and is actively pursuing a Bachelor of A r t s degree Or: Bachelor of Arts Degree - $100.00 per month. If an employee possesses a BA degree, he/she will receive a maximum of $100.00 under Section 6.2 This incentive in this subsection 5.2 is limited to employees hired prior to the execution of this MOU. 5.3 Emergency Medical Technician $200.00 per month 5.4 Employees will receive 'educationincentive pay for the following certifications: Certified Chief Officer Certified Fire Officer Certified Fire Investigator Certified Fire Instructor Certified Fire Prevention Officer Certified Public Education Officer Certified Fire Chief $100.00 per month $50.00 per month $12.50 per month $25.00 per month $25.00 per month $12.50 per month $25.00 per month 5.5 Employees shall receive a maximum of $250.00 per month for incentives listed in subsection 6.4. However, an additional $25.00 per month may be earned if the employee possesses a Hazardous Materials Specialist/Technician Certificate. 4 FIRE MID-MANA GEMENT - STATEMENT OF BENEFITS ARTICLE VI - LONGEVITY PAY After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Fire Department. Employees who have completed twenty years of service with the Lodi Fire Department will receive longevity pay in the amount of $3,000 on November of the year following completion of twenty full years of service and each year thereafter. For the purposes of this article, all employees who as of October 31st meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Fire Department) shall receive the longevity pay associated with their years of service with the Lodi Fire Department. The incentive in Article VI is limited to employees hired prior to the execution of this MOU, or the Longevity Program as determinedby the LPF, whichever Longevity Program is considered more beneficial by the LFMM. ARTICLE VII - OVERTIME 7.1 Due to the fact that the classifications in this bargaining unit are deemed exempt from the overtime requirements of the Fair Labor Standards Act (FLSA), the following special provisions for the payment of overtime will apply Employees shall be compensated for overtime at the time and one-half rate for time worked due to emergencies. Overtime for Fire non -shift employees is based on a 40 hour work week. Overtime for Fire shift employees is based upon a 56 hour work week. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as: • Major storm damage requiring the dispatching of additional crews; • The necessity to cover scheduled shifts; • Direct supervision of crews assigned to work during normal days off to accommodate the public; • Break down of equipment and/or systems requiring the presence of the mid -manager in order to restore service. 7.2 Overtime pay shall not be paid for the following: • Staff meetings • Special projects • Conferences and seminars - except as noted below • Appearances before City Council and commissions, • Public informationpresentations, • Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labor negotiations, and recreation programs. 7.3 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager. 5 FTRF ¥T1) -MANAGEMENT - STA TFVEFNTOFRFNEFITS 7.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatorytime shall be one and one-halfhours for each hour worked. 7.5 No more than one hundred forty-four (144) hours of compensatory time maybe carried on the books at any time. Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October. 7.6 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher for the remaining compensatory balance. 7.7 Upon promotion into a Mid-Managementposition all previously accrued compensatory time must be paid or used prior to the promotion. 8.1 Fire Division Chief is considered an exempt classification not subject to any of the exceptions for overtime specified in this section. However, for the purposes of and in recognition of San Joaquin County Strike Team Agreements, Division Chiefs and Battalion Chiefs will be allowed to participate in Strike Team Operations and be eligible for overtime as provided for in said agreements. ARTICLE VIII - RETIREMENT 8.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System. Employees shall receive the following retirement benefits. Safety 3% @ 50 plan • 1957 Survivors Benefit • 1959 Survivors Benefit -3' Level • Employee's 9% paid by City • Credit for Unused Sick Leave • Military Service Credit as Public Service • Single Highest Year Employees shall pay the employee portion of Retirement Benefits as follows: July 1,2012 through June 30,2013 — 3% July 1, 2 013 through December 31, 2013 — 6% January 1,2014-9% 8.1 Employees hired after January 1, 2012 shall have the following retirement benefit instead of the benefit set forth in paragraph 9.1: Safety 3% @ 55 plan • 1957 Survivors Benefit • 1959 Survivors Benefit -314 Level • Employee pays 9% • Credit for Unused Sick Leave • Military Service Credit as Public Service • LFMM agrees to the final compensation formula as determined by the LPF (single highest year or average three years) 6 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS ARTICLE IX - VACATION LEAVE 9.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits: Forty Hour Work Week: Beiinning:with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.23 hours per pay period 15th year 6.16 hours per pay period 21st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year 7.71 hours per pay period Shift (56 hour work week) Employees: 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 21st year 11.646 hours per pay period 22nd year 12.204 hours per pay period 23rd year 12.762 hours per pay period 24th year 13.32 hours per pay period 25th year/above 13.878 hours per pay period Vacation leave shall be used in increments of not less than quarter hours. Maximum vacation accrual (carry over) shall follow the City's Vacation Leave Policy. 8.1 Members shall have the option of cashing out any vacation time in excess of 2 tours, or 80 hours for those who work a 40 -hour workweek. Members may request a cash out of vacation twice per year, in April and October; balances will be paid in the employee's regularly scheduled paycheck. ARTICLE X - ADMINISTRATIVE LEAVE 10.1 Employees will be given 80 hours of administrative leave (or 120 hours for shift personnel) per calendar year. Leave shall be taken in increments of not less than quarter hours. Balances must be used prior to December 30 or they will be lost. 10.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six point six seven (6.67) hours granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. Shift employees will be granted 10 hours leave for each full calendar month remaining in the calendar year with a maximum of 120 hours. 7 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS 10.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with 11.2. 10.4 Employees are eligible to cash out up to half of their current Administrative Leave balance in any calendar year except in the months of May and June. A request to cash out Administrative Leave must be in writing and submitted to the Finance Division. ARTICLE XI - HOLIDAYS 11.1 Effective January 2004, employees shall receive either 108 hours (non -shift) or 156 hours of holiday leave to compensate for the addition of Martin Luther King, Jr. birthday as a fixed holiday. 11.2 Holiday hours shall be taken in increments of not less than quarter hours and may not be carried into the following calendar year. Each year, the pay period in which December 1 falls, employees will be paid for the unused holidays at the straight -time rate. ARTICLE XII - SICKLEAVE Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40 hour work week and 5.54 hours for shift (56 hour work week) employees. There is no limit on the amount that can be accumulated. Total sick leave accrued is 12 days per year. Sick leave shall be taken in increments of not less than quarter hours. ARTICLE XIII - SICKLEAVE CONVERSION 13.1 Employees hired prior to December 6, 1995, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums or cash under the following options: OPTION#1 - "Bank" The number of accumulated hours shall be reduced by 16-2/3% and the remaining balance converted into days. The days are then multiplied by the current monthly premium being paid for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insurance premiums for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5% will be added to the 50% used in determining "bank" amount. Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops. Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted. OPTION #2 - "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement. Any differences created by an increase in premiums must be paid for by the employee. 8 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS OPTION #3 - "Cash -Out" A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the rate of 30% of base pay per hour. OPTION #4 — "Service Credit -- A retiring employee will be able to convert unused sick leave to service credit for Ca1PERS retirement purposes. 13.2 Employees hired after December 6, 1995wi11 not have the option of converting unused sick leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The only option available to these employees is OPTION #4 "PERS CREDIT". If an individual previously qualified for the sick leave conversion option while in the United Professional Firefighters unit, they will retain their eligibility if promoted to Fire Mid - Management with an effective date of December 6, 1995. 13.3 In the event an active employee dies before retirement and that employee is vested in the Sick Leave Conversion program (10 years) the surviving dependents have an interest in one-half (1/2) the value of the bank as calculated in section 13.1. 13.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died. 13.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time. 13.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 13.1; Option #2. 13.7 Only one City of Lodi employee may carry dependent coverage for another City employee, therefore, upon retirement the employee may re -enroll as an individual into the health plan in order to take advantage of the Sick Leave Conversion program. 13.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion Bank option. ARTICLE XIV - SURVIVORS BENEFITS The City shall pay in accordance with 17.1 for health and dental benefits described in this MOU for the Surviving spouse and any minor children of any member of the Fire Mid -Management group who is killed or dies during the performance of official duties. . Premiums will continue to be paid by the City until such time such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either: a. the children become adults, or 9 FIRE MITA-MANA GEMENT - STA TEM -ENT OF BENEFITS b. the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries. ARTICLE XV - EXECUTIVE PHYSICAL EXAMINATION 15.1 Employees may elect to receive an executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee'sphysician: • A complete office examination • Urinalysis • Pap smear • EKG (resting) • An executive blood panel • Mammogram • Chest X-ray 15.2Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in this section. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, attached to a claim voucher, to the Finance Department for reimbursement. ARTICLE XVI - MEDICALINSURANCE 16.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+1, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding Porac) as of January 12012. The City will waive the current employee medical contribution effective the first pay period that begins two weeks after this agreement is approved by Council. If Employee selects a higher cost plan, Employee will pay the difference as a payroll deduction. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional $692.81 per month for family or $532.92 for employee + 1 dependent will be added to either the employee's deferred compensation account or cash. A single employee who can show proof of group insurance will be eligible for $305.22. In order to qualify for this provision, proof of group insurance must be provided to the City. This opt -out provision will take effect if/when the City Council approves similar modifications to the LPF and POA MOUs. If no such modifications are enacted, the LFMM will maintain its current opt -out medical practices. Employees will pay one hundred percent (100%) of the change in medical costs beginning January 2013. The baseline will be the January 2012 lowest cost PERS HMO for the employee's family category (Family, $1587.14; Employee+1, $1220.88; Single, $610.44) 16.2 Only one City of Lodi employee may carry dependent coverage for another City employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis. 10 FIRE MTD -MANAGEMENT - STATEMENT OF RFNFFTTS 8.1 The City intends to propose a Cafeteria -based benefit program in 2012 with an effective date of January 1, 2013. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The above listed terms of this agreement will be reopened for negotiation upon the City's presentation of a Cafeteria plan The City's proposed Cafeteria Plan will offer substantially the same or better benefits to those currently received by unit members .ARTICLE XVII - DENTAL INSURANCE 17.1 Employees are provided fullypaid family dental insurance. 17.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductibleplus co-insurance features. ARTICLE XVIII - VISIONINSURANCE Employees are provided with family vision care insurance through Vision Service Plan. Services and amount of coverage are outlined in the VSP Summary of Benefits. ARTICLE XIX - LIFE INSURANCE 19.1 Employees are provided with term life and accidental death/dismemberment insurance at a benefit rate of $25,000. This benefit decreases after age 70 on a sliding scale, depending on age. 19.2 Employees are provided with $100,000 of accident insurance while traveling on City business outside the City limits. Spouses are only covered while accompanying the City employee on City business, or while conducting business on behalf of the City. 19.3 Employees are also provided with a $25,000 accidental death policy in the event of death resulting from a line -of -duty injury. ARTICLE XX - UNIFORMALLOWANCE The uniform allowance shall be $950.00 per year, paid quarterly, as part of the last bi-weekly paycheck in the months of March, June, September, and December. ARTICLE.XXI - TUITION REIMBURSEMENT 8.1 Tuition Reimbursement a. Employees shall receive tuition reimbursement in the amount of $5,822 for the period ofJuly 1,2012 though June 30,2013 plus the full cost ofbooks for courses taken. b. Employees shall receive tuition reimbursement in the amount of $4,411 for the period ofJuly 1,2013 though June 30,2014 plus the full cost ofbooks for courses taken C Other than the tuition reimbursement amounts listed above, criteria for tuition reimbursement shall follow the City's Tuition Reimbursementpolicy. 11 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS d. This incentive in Article XXIII shall sunset on June 30, 2014 and default, for all purposes, to the City's Tuition Reimbursement policy. 8.2 Training Reimbursement In addition to the City policy, individuals enrolling in courses offered by recognized professional organizations which are not accredited through a college or university shall be eligible for up to a maximum of $300 per fiscal year, to be paid upon the satisfactory completion of course work. Any expenses are subject to the approval of the Fire Chief. ARTICLE XXII - 56 -HOUR WORK WEEK 22.1 The work schedule for calendar year 2012, will be a schedule of "56 hours per week" with two on -duty shifts in six 24-hour periods. For purposes of the FLSA, it is mutually understood the City has declared a 24 day work cycle. The work schedule for calendar year 2013 may change predicated on the review of the calendar year 2012 "48/96" work schedule. If the work schedule changes for calendar year 2013, it would revert to three on -duty shifts in nine 24-hour periods. The FLSA work cycle will also revert to a 27 day work period. 22.2 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. 22.3 It is agreed that if the work schedule of a Fire Mid -Management employee is a 40 -hour week, then all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather than a 56 -hour week. 22.4 In order to convert the hours for employees that move from a 40 hour work week to a 56 - hour work week, the following formulas will be applied: For conversion of Vacation: From 40 to 56 hours ..Multiply by 1.8 From 56 to 40 hours Multiply by .555556 For conversion of Holiday and Sick Leave and Comp Time: From 40 to 56 hours........Multiplyby 1.5 From 56 to 40 hours .... ..Jvlultiplyby .666667 ARTICLE XXIII - PERSONAL LIABILITY 23.1 Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damage, or damages for personal injury, including death, sustained by person(s) as a result of a decision made in their capacity, except that: 12 FIRE MTD-MA(AGFMFNT - STLIEMFNTOF 13FNFF[5 a. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the City determines that: 1. The act or omissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. b. The City is not required to but may pay any claim of judgment for punitive or exemplary damages under the following circumstances: 1. The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City. 2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City. 3. Payment of the claim ofjudgment would be in the best interests of the City. ARTICLE XXIV. - GRIEVANCE PROCEDURE 24.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: a. Interpretation or application of any of the benefits listed herein. b. Disputes as to whether a matter is proper subject for the Grievance Procedure. c. Disputes which may be of a "class action" nature filed on behalf of the employees or the City. 24.2 Class action Grievances shall be submitted in writing to the City Manager or vice versa. 24.3 STEP ONE Discussion between the employee and the immediate supervisor, who will answer within fifteen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 24.4 STEP TWO If a grievance is not resolved in the initial step, then Step Two shall be a discussion between the employee, and the Department Head who shall answer within fifteen work days. This step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One. 13 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS 24.5 STEP THREE If a grievance is not resolved in Step Two, Step Three shall be the presentation of the grievance, in writing, by the employee to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. The City Manager's decision shall be fmal and binding. Step Three shall be taken within fifteen work days of the date of the answer in Step Two. 24.6 STEP FOUR If a grievance is not resolved by the City Manager or designee, mediation may be requested (and the City will enter into) by the Fire Mid -Management group, upon which costs will be equally borne between the City and the LFMM. ARTICLE XXV - DISCIPLINARY PROCEDURE 25.1 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision. Disciplinary actions in the form of termination or discharge shall be subject to fmal approval from the City Manager. 25.2 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary Action shall be prepared in writing by the department head proposing the discipline and shall be served on the employee in person or by registered or certified mail. Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal of the employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. Employees so removed shall be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information: 1. The specific type of disciplinary action; 2. The effective date of the action; 3. The specific reason(s) or cause(s) for the actions; 4. Notice that the employee may inspect copies of all materials upon which the action is based, and 5. Notice that the employee has the right to respond orally or in writing within ten (10) days to the department head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands. An employee who responds orally or in writing to the department head shall be entitled to meet in an informal conference with the department head and shall be given the opportunity to rebut the charges against him/her or to state any mitigating circumstances. In the case of oral or written reprimand, the department head's decision shall be final. In the case of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind 14 FIRE MED -MANAGEMENT - STATEMENT OF BENEFITS or modify the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain: 6. The specific type of disciplinary action; 7. The specificreason(s) or cause(s) for the actions; 25.3 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights. 1. Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager. 2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally to the employee or shall be sent by registered or certified mail. 25.4 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision. The employee may appeal disciplinary decisions by filing a written appeal with the Human Resources Director within fifteen (15) work days following service of the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the charges against the employee and written request for an appeal hearing. The employee shall submit a copy of the appeal to the City Manager. 25.5 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer selected through the California State Mediation and Conciliation Services to hear the appeal and submit an advisory decision to the City Manager. Selection of the hearing officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers from the office of the California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard of review and hearing procedures: 8. The appeal hearing shall be informal and strict rules of evidence shall not apply. 9. The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation. 10. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 11. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the City's representatives. 15 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS 12. The appeal hearing will be held on the City's premises. 13. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual. Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the hearing officer's fmdings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision. 14. The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation. 25.6 Any decision of the City Manager shall be final and binding. 25.7 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5 Article XXVI -CITY RIGHTS 26.1 It is further understood and agree between the parties that nothing contained in this statement of benefits shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to: • Determine the mission of its constituent departments, commissions, and boards • Set standards of service • Determine the procedures and standards of selection for employment • Direct its employees • Maintain the efficiency of governmental operations • Determine the methods, means, and personnel by which government operations are conducted • Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work. City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content ofjob classifications. ARTICLE XXVII — DEPARTMENT SANCTIONFD TEAMS 27.1 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 16 ETRE MID -MANAGEMENT - STATEMENT OF BENEFITS developed and ratified by the Fire Chief. Any member of the department who becomes a member of a recognized specializedteam, 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. 27.2 Existing members of the Hazardous Materials Team shall remain members of the team and shall continue to receive the 2.5% salary increase. The three members of the department who meet the minimum requirements for inclusion on the Hazardous Material Team shall be able to join the team and receive the 2.5% salary increase upon ratification of this contract. However, no additional team members shall be assigned to the Hazardous Material Team until the membership falls below 12 members. There shall be a six month period for the team to develop acceptable performance standards for maintaining his/her membership on the team. 27.3 The development of new teams shall require the submittal of minimum entry level and performance criteria for maintenance of membership to the Fire Chief prior to the development of the team. The Fire Chief shall have the sole discretion as to the appropriate number of members per specialized team. The department shall make every effort to develop a cadre of specialized teams to adequately address the needs of its members. 8.1 Upon ratification of the MOU, the 2.5% salary increase resulting from membership in the above sanctioned teams shall be incorporated into salary and the incentive shall be eliminated. Each member of the department shall be a member of a sanctioned team and the scope and nature of the teams shall remain as detailed in this Article . 17 FIRE MID -MANAGEMENT - STATEMENT OF BENEFITS Schedule A Salary effective pay period in which March 7,2012 falls Step A Step B Step C Step D Step E Fire Battalion Chief $7,574.28 $7,952.99 $8,350.64 $8,768.17 $9,206.58 Fire Division Chief $9,089.13 $9,543.58 $10,020.76 $10,521.80 $11,047.89 1 18 FIRE MID -MANAGEMENT — STATEMENT OF BENEFITS CITY OF LODI LODI CITY FIRE MID -MANAGEMENT. a Municipal corporation KONRADT BARTLAM City Manager Ron Penix Representative Date: Date: DEAN GUALCO HR Manager Jeff Larson Representative Date: Date: RANDI JOHL City Clerk APPROVED AS TO FORM: D. STEPHEN SCHWABAUER City Attorney 19