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HomeMy WebLinkAboutResolutions - No. 2022-165RESOLUTION NO. 2022-165 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE STATEMENT OF BENEFITS WITH LODI FIRE MID -MANAGEMENT EFFECTIVE JULY 1, 2022 THROUGH JUNE 30, 2025 WHEREAS, representatives from the City and Lodi Fire Mid -Management (LFMM) have bargained in good faith and reached a tentative agreement on a successor Statement of Benefits; and WHEREAS, it is recommended that Council approve revisions to the Statement of Benefits with LFMM to include the following: • The term of the Statement of Benefits shall be from July 1, 2022 through June 30, 2025. • Fifteen percent (15%) wage adjustment over the term of the contract as follows: o Six percent (6%) effective July 11, 2022; o Five percent (5%) effective July 10, 2023; and o Four percent (4%) effective July 8, 2024. • Increase to the City's contribution towards medical premiums and remain over the term of the contract: o $2,005.81 per month for family coverage; o $1,542.71 per month for employee plus one dependent coverage; and o $771.35 per month for employee only coverage. • Increase to the annual maximum dental benefit from $1,000 to $1,250 and the addition of orthodontia benefits for the employees and eligible dependents with a lifetime maximum benefit of $1,250. • Increase the Chief Fire Officer Certificate incentive by $150 per month for members in LFMM who complete the task book and obtain certification. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Statement of Benefits (Exhibit A) between the City of Lodi and Lodi Fire Mid -Management, effective July 1, 2022 through June 30, 2025. Date: June 15, 2022 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2022-165 was passed and adopted by the Lodi City Council in a regular meeting held June 15, 2022, by the following vote: AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Nakanishi ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2022-165 Exhibit A STATEMENT OF BENEFITS BETWEEN CITY OF LODI AND LODI FIRE MID -MANAGEMENT (LFMM) rr rr v r, 204-9- JUNE 30, 2022 JULY i 2022 -JUNE 30 2025 FIRE MID -MANAGEMENT GEMENT — STATEMENT OF BENEFITS Contents ARTICLEI - SALARY...............................................................................................................................................3 ARTICLEII - DEFERRED COMPENSATION........................................................................................................4 ARTICLE III - FLEXIBLE SPENDING ACCOUNT...............................................................................................4 ARTICLEIV — BILINGUAL.......................................................................................................................................4 ARTICLEV - EDUCATION INCENTIVE...............................................................................................................4 ARTICLE VI — SPECIAL ASSIGNMENT pAY..........................................................................................................5 ARTICLEVII — TEMPORARY UPGRADE................................................................................................................6 ARTICLEVIII — JURY DUTY....................................................................................................................................6 ARTICLEIX - LONGEVITY PAY...........................................................................................................................6 ARTICLEX - OVERTIME........................................................................................................................................7 ARTICLEXI — CATASTROPHIC LEAVE.................................................................................................................8 ARTICLEXII - RETIREMENT.................................................................................................................................8 ARTICLEXIII -VACATION LEAVE.......................................................................................................................9 ARTICLE XIV - ADMINISTRATIVE LEAVE......................................................................................................10 ARTICLEXV - HOLIDAYS...................................................................................................................................10 ARTICLEXVI — LEAVE OF ABSENCE..................................................................................................................11 ARTICLEXVII - SICK LEAVE..............................................................................................................................I1 ARTICLE XVIII - SICK LEAVE CONVERSION..................................................................................................1 I ARTICLE XIV - SURVIVORS BENEFITS.............................................................................................................13 ARTICLE XX - EXECUTIVE PHYSICAL EXAMINATION................................................................................13 ARTICLEXXI - MEDICAL INSURANCE............................................................................................................13 ARTICLE XXII - DENTAL AND ORTHODONTIA INSURANCE .....................................................................14 ARTICLEXXIII - VISION INSURANCE..............................................................................................................14 ARTICLEXXIV - LIFE INSURANCE...................................................................................................................14 ARTICLE XXV - CHIROPRACTIC INSURANCE.................................................................................................14 ARTICLEXXVI - UNIFORM ALLOWANCE........................................................................................................15 ARTICLE XXVII - TUITION REIMBURSEMENT...............................................................................................15 ARTICLEXXVIII - 56 -HOUR WORKWEEK ......................................................................................................15 ARTICLEXXIX - PERSONAL LIABILITY .............. —............. ................... ....................................... .................. 15 ARTICLE XXX- GRIEVANCE PROCEDURE.........................................................................................................16 ARTICLE XXXI - DISCIPLINARY PROCEDURE..................................................................................................17 ARTICLEXXXII —CITY RIGHTS............................................................................................................................19 ARTICLE XXXIII — DEPARTMENT SANCTIONED TEAMS...............................................................................20 ARTICLE XXXIV — COMPLETE AGREEMENT....................................................................................................20 ARTICLEXXXV — SEVERABILITY.......................................................................................................................20 ARTICLE XXXVI — PARAMEDIC INCENTIVE RE-OPENER..............................................................................21 ScheduleA — Salary Schedules...................................................................................................................................22 2 LIEt Li-D-MANAGEM•UNT=STATEMENT dF BEhiL'-RT5 FIRE MID -MANAGEMENT CLASSIFICATIONS Deputy Fire Chief Fire Battalion Chief ARTICLE I - SALARY 1.1 Effective August 27, 2018, the City shall increase the salary ranges by three percent (3%) in exchange for a CalPERS cost sharing agreement pursuant to California Government Code §20516; whereby Fire Mid -Management employees agree to pay three percent (3%) of the employer's normal pension cost of Ca1PERS. The parties agree that should the parties negotiate the elimination of the three percent (3%) cost-sharing by the employee, the corresponding three percent (3%) salary adjustment is subject to reduction, elimination or change through the negotiation process. 1.2 Effective July 11, 2022, the City shall _provide a wage increase of six percent (6%), effective July 10, 2023, the City shall provide a wage increase of five percent OL61; and c1'lec.tive July 8. 2021, the C y shill cnvicic a AggL incrcttse of tour nereent (41%). w4th {ore-Rrsl lid ptiy11 Puri l 1 R)11olwing Cihe 91 m..nieli .PRent! .=— �k*yfts R# UM! -vi=iii FeEt!4Ve 8 r •1 II7tirth--�H `1.1 rr ety,; i� ElE1 4lkt+?1dFltrlrilcr�-ii. c�rr'rl3 E E'-�Frtit �tdli 13Ay-j�HF+F1fi 1F� 2 04� Ei1•`lA .11dy 2021 employ-, wil�ri�ive tlifevi►+� 3y t►tit 4F1ivi�rg al#jti�ttlrei�! 1.3 As of July 1, 20224-9, and each4t-4l-I--irl-•"ic kir the dLi rat ion that thine nareementeeffWact ;c in Pffnrf +lio 11;+v -411 m ;. +o .. 7/10% ..,,1.,-., .i:4•4r----+:,.1 1 .4_.,.__ +.,._ „+,._ L,.,._ ._.._. _r �r,Lse Lia y or B by mulliplvi g the Fire Captain salary by 1.20. creating a 20% sep4raduli between lire Captain and Battalion Chief.-Tlris-4i+€4-PeW-k4-%41 be etdetRafetHmsed on flie Follawitig l.,z. L 0;i"g 010 sa10 ,.ef._r0 lie it 04.,0�01 1ki (I r 41 to 15 1_ Nr.lie" 110!t ill ii9 11" yliM�!c3Eifk'� uf�meaii! Lase 'w be1 iris c`T'rxrJ"'Tirr"T,`soii, 'lie at'tEi44on �'=ij-I!.`i"-V1+43'r ir"r�'-:' I,--r-l? l,''cls!;�}+ri-'.r�}!'EI{?'lE'-1�''41�-•17s-t4'.r�f;: Fla pt Fire A_a_1t_a_1km*jGhW le^ Step H_,.e Say,elal;p doe holy 1 4a#�aRy i►�r�el �e T,.rhnin-.I Te-aw, Ineen+ive CPAT In.•en+i.,e z�rrr-mccrrcrsc Ft3A-Pa+� ��a#+�e€--�'t7-b+7ii'Fs-A.c1c�m-teave-at-base 5e`112iFjf If after performing the calculation a 20% or greater separation already exists, no further adjustments will be made. If after performing the calculation a separation of less than 20% exists, the salary tables for all positions in the bargaining group will be adjusted upward by the percentage necessary to get to a 20% differential. -i The City of Lodi and the Fire Mid -Management group agree that the term of this agreement is July 1, 2022201-9 to June 30, 2025. FIRE MID -MANAGEMENT -STATEMENT OF BENEFITS 4-:41.5 Although the City is not required to perform or act on a salary survey during the term of this ag;regment, in the cven[_salar sWjgy i_s I�rtormed, the City and the L,FMM :i gree that the salary survey cities shall be as follows: Chico Clovis Davis Fairfield Manteca Merced Modesto Red�linL, Roseville Stockton Tracy Turlock Vacaville Visalia Woodland ARTICLE II - DEFERRED COMPENSATION 2.1 Employees may participate in the City's Deferred Compensation Plan. 2.2 The City matches up to a maximum of 3.0% of base salary. ARTICLE III - FLEXIBLE SPENDING ACCOUNT 3.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; a. Pfe Premium Only Plan PDP b. Medical Flexible Spending AccountF( SA) C. Dependent Care Flexible Spending Account QCFSA} 3.2 Elections for the calendar year will be made each Noveinhell4et,embef, or if a change in family status occurs. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to (lie IRS lim it 4r to the new plan year. However, amounts over the lirnitV540 would be forfeited after the final filing date, if left unclaimed. ARTICLE IV — BILINGUAL 4.1 Employees shall have the same bilingual incentive as set forth in the LPF MOU. ARTICLE V - EDUCATION INCENTIVE 5.1 Education incentives will be available to eligible employees for specified degrees, certifications, and licenses. Associate of Arts Degree - $50.00 per month if the: a) AA Degree is in Fire Science or related field; b) AA Degree is in a non -related field with a Fire Science Certificate from an accredited institution; or c) Employee has AA Degree and is actively pursuing a Bachelor of Arts degree. Or: Bachelor of Arts Degree - $100.00 per month. FIRE MID -MANAGEMENT --STATEMENTOF9ENEFITS 5.2 If an employee possesses a Bachelor ol' Arls'14A degree, he/she will receive a maximum of $100.00 under Section 5.12. -fill Weemilive Fil t briftlitill 5.2 ffFfw4o Ma .ii 16 2 1 5.3 Emergency Medical Technician $200.00 per month 5.4 Employees will receive education incentive pay upon completion of the required coursework for the following professional certifications through California State Fire Training: Chief Fire Officer* Company Officer* Fire Investigator Instructor Level IiI* Fire Inspector I* Community Risk Officer* '250.00 or $100.00** per month 50.00 per month 12.50 per month 25.00 per month 25.00 per month 12.50 per month *Certification title changes made by California State Fire Training ° `Fil•l'echve .1111) 1,_20_'_2, cm111 I es who complete the Chief Fire Officer Task_Book and who obtain the Chief Fire 0f1icer ccrtificace_ from 1he_Offce of the Shits Fire klal:sltrill[)5P_M1 ►%Jll repave nti arcltlltiuntLl $I50.0U_p!r ill gnth nmximum of iuA the (' LeL im 01-1iccr.cerlilicai4ni_ 1 rIor it) Dcr ember ;o, 2nldi►�tder the liur COIL FIRE certification•proLtwu will receive an additional $150,00 per momli�naximurn of 25n , t:l to res tuba corm lletc t It nfltec rc uirsK! co �r �vor hu dtF c1 possess the Chief ljre Offcer eert�ajd {lienol oticietheChiefs0U2crT:gskio1jkif vjll rgcei��e_tio more $100,00.per month. 5.5 Employees shall receive a maximum of $350.00200 per month for incentives listed in subsection 5.4. However, an additional $25.00 per month may be earned if the employee possesses a Hazardous Materials Specialist/Technician Certificate, 5.6 Persons possessing the aforementioned requirements shall not receive the incentive pay until such time as evidence of coursework completion is produced. Incentive pay shall be retroactive to the final course completion date up to a maximum of six (6) months from the date Human Resources received the required documentation. ARTICLE VI — SPECIAL ASSIGNMENT PAY 6.1 Employees who are assigned by the fire Chief to work on a one -times cial or ma'or Lr'cct shul.l hr...n--'ici GlnA.EiJtrt►t11 J 0'%u {rl'lltc etilpiR�ye's rc�ttittr base salary while v<ctirking a t the . ro"et:l. CRY Miu a er tt r 7vii1 t tittst lie ibtx ined prior to Clic em to e'c �vorkitig on the special pro'ect. It is nttituall agreed that asst nnmcnts are at the sole discretion of'the Fire C'hic!' si+h'cci to L'ity iVlat:a fer approval. ltli Flu cis iii xttch xl5itiolts acknnwltd ,i restisLodi _Fire Mid-Managen en1 that_emnl2yucsmay be transferred or removed tion, the Special project tin a non-itinilive basis and that they have no right to appeal from such transfer or removal. MLII&t"UVr k1rat mky,ig6► I AMkW.%C;4&lam l�,NZ1 OMMINU y ARTICLE VII — TEMPORARY UPGRADE 7.1 Any enzploygu who is mssigmed by the Fire Chief. and with the approval ol• the Ch Manager, to a hi her classification in the Absence ol'the incumbent fora period of three or more days, shall receive a 10% wage increl+sc while in this status. liowever in no event Shall hu.e +rade pay per hour exceed the ton step of the classsifi •alion to which the e111n1ttyee is 1011POratrily u»graded- City Manager approval must bq obtained erior,In the em7 to ce vvorkin , in the hi *her classification. ARTICLE. VIII — JURY DUTY 86.1 All full-time regular employees are granted jury duty leave with pay. Any employee who is summoned to attend any court during the time regularly required for his employment for the purpose of jury service shall be entitled, while so engaged and actually serving, to his regular compensation in addition to any jury duty compensation. 86.2 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. 86.3 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. 86.4 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. 86.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not covered by Jury Duty leave. ARTICLE IXV44 - LONGEVITY PAY 9-7.1 After completing ten years of service with the Lodi Fire Department, employees shall receive an annual longevity pay in the amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Fire Department. Employees who have completed twenty years of service with the Lodi Fire Department will receive longevity pay in the amount of $3,000 in November of the year following completion of twenty full years of service and each year thereafter. FIRE MID-MANAGEM ,NT =STATE i NT OF BENEFITS. For the purposes of this article, all employees who as of October 31"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. h,& --in eeii#i t�plc r Iri+ F pF+r>}�ta MFrrc4t-t t�F ARTICLE XV 44 - OVERTIME 108.1 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. 109.2 Overtime pay shall not be paid for the following: • Staff meetings; • Special projects; • Conferences and seminars - except as noted below; • Appearances before City Council and commissions; • Public information presentations; • Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labor negotiations, and recreation programs. LOU 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. 109.4 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour worked. 108.5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the books at any time. Bargaining unit members shall be allowed to cash out up to a maximum of 144 hours of earned compensatory time off twice per year, in April and October. FIRE MID -MANAGEMENT —STATEMENT Or BENEFITS 109.6 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. 105.7 Upon promotion into a Mid -Management position all previously accrued compensatory time must be paid or used prior to the promotion. 109.8 Deputy Fire 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, the Deputy Fire Chief and Battalion Chiefs will be allowed to participate in Strike Team Operations and be eligible for overtime as provided for in said agreements. ARTICLE I3iii —CATASTROPHIC LEAVE 119.1 Members of this bargaining group shall be covered by and subject to the Citywide Catastrophic Leave Policy set forth in the City's current Administrative Policy Manual. ARTICLE+' XII - RETIREMENT 124-0.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System (PERS). Employees shall receive the following retirement benefits. The following plan is available to employees hired prior to December 22, 2012 and deemed to be "classic" employees by PERS: ■ Safety 3% @ 50 plan 1957 Survivors Benefit ■ 1959 Survivors Benefit -3rd Level Employee shall pay the full employee share of retirement costs (maximum of 9%) as calculated by PERS in its annual actuarial valuation Credit for Unused Sick Leave ■ Military Service Credit as Public Service Single Highest Year 1240.2 Employees hired after December 22, 2012 and deemed to be "classic" employees by PERS shall have the following retirement benefit: a Safety 3% @ 55 plan ■ 1957 Survivors Benefit ■ 1959 Survivors Benefit -3rd Level • Employee shall pay the full employee share of retirement costs (maximum of 9%) as calculated by PERS in its annual actuarial valuation • Credit for Unused Sick Leave Military Service Credit as Public Service FIRE MID -MANAGEMENT -STATEMENT OF 13ENEFITS • Average of three highest consecutive years 12.3 City agrees to provide the following retirement program for employees deemed to be "new" employees by PERS under the Public Employee's Pension Reform Act of 2013 (PEPRA): ■ Safety 2.7% @ 57 plan • 1957 Survivors Benefit ■ 1959 Survivors Benefit — Yd Level • Average of three highest consecutive years • Credit for Unused Sick Leave • Military Service Credit as Public Service ■ Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation 124-0.4 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 pay ■ Bilingual pay ■ Holiday pay • FLSA pay 124-0.5 Each employee in this unit shall pay three percent (3%) towards the employer's share of Ca1PERS normal pension cost (cost-sharing). ARTICLE XII I - VACATION LEAVE 1344.1 Employees shall receive the following vacation benefits: Employee's assigned to a forty (40) hour work week: BcOjinina wi(h Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.23 hours per pay period 15th year 6.16 hours per pay period 21 st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year 7.71 hours per pay period Employee's assigned to Shift work (56 hour work week): 9 FIRL MID -MANAGEMENT = STATEMENTaF,.BENEFITS Beginnina 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 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. 134.2 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 at any time. Balances will be paid in the employee's regularly scheduled paycheck. A request to cash out vacation time must be in writing and submitted to the Finance Division. ARTICLE XIVI - ADMINISTRATIVE LEAVE 14.1 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. 144-2.2 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. 14.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with this section. 141-2.4 Employees are eligible to cash out all of their current Administrative Leave balance in any ARTICLE XVH4 - HOLIDAYS 1543.1 Effective January 2004, employees shall receive either 108 hours (non -shift) or 156 hours of holiday leave. In January of each year, every member's holiday account will be credited with the appropriate number of holiday hours. Employees hired mid -year or terminating mid -year shall have holiday hours credited or deducted at the rate of 6.0 hours for shift employees and 4.15 hours for non -shift employees per pay period. 10 FIRE Ml❑ -MA AGSM ' - TA EME T OF BE +NETS 154-3.2 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 XVIX4V — LEAVE OF ABSENC E 164-4.1 The City and Fire Mid -Management 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. .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 regular full-time employee is not impaired by such leave of absence. 164-4.3 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. 16.14.4 Medical leave shall be in accordance with the Family Medical Leave Act (FMLA), the California Family Rights Act (CFRA), or Pregnancy Disability Leave (PDL) and/or other applicable state and federal laws. ARTICLE XVII - SICK LEAVE 74 ';.1 Sick Leave is earned at the rate of 3.70 hours per pay period for employees working a 40 hour work week and 5.54 hours for shift (56 hour work week) employees. There is no limit on the amount that can be accumulated. Total sick leave accrued is 12 days per year. Sick leave shall be taken in increments of not less than quarter hours. 17-1-5.2 Employee's requesting an absence to care for an immediate family member are authorized 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. An immediate family member is defined as: child (including biological, adopted or foster child, step -child, legal ward or a child to whom the employee stands in loco parentis, regardless of age or dependency status), parents (including biological, adoptive or foster parent, step-parent or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child), spouse or domestic partner, grandparent, grandchild, or sibling (pursuant to definition of immediate family under AB 1522) ARTICLE XVIII - SICK LEAVE CONVERSION 184-6.1 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 under the following options: 11 TIRE MID -M NA ENT'-S'ATEl1+if NI' OF BENEFITS OPTION #I - "Barak„ 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 92 - "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement, subject to the cap shown in Section 21-1-9.1. Any differences created by an increase in premiums must be paid for by the employee. O PTION # 3 — "Sonlice Cmdil " A retiring employee will be able to convert unused sick leave to service credit for CaIPERS retirement purposes. 1846.2 Employees hired after December 6, 1995 will not have the option of converting unused sick leave time into medical insurance premiums as referenced in OPTION 1-2. The only option available to these employees is OPTION 43 "Service Credit". If an individual previously qualified for the sick leave conversion option while in the United Professional Firefighters unit, they will retain their eligibility if promoted to Fire Mid -Management with an effective date of December 6, 1995. 1846.3 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 186.1. 181-6.4 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. 184-6.5 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. 184-6.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 186.1; Option #2. 12 NRf_M[D-MAN_AG rmrNT -STATE M ENT DLB UNR1`1T5_ 184-6.7 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. 184.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion Bank option. ARTICLE XIVX-V]4 - SURVIVORS BENEFITS 194-7.1 The City shall pay in accordance with 16.1 for health and dental benefits described in this MOU for the Surviving spouse and any minor children of any member of the Fire Mid - Management group who is killed or dies during the performance of official duties. Premiums will continue to be paid by the City until such time such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either: a. the children become adults, or b. the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries. ARTIC LE XXXV4H - EXE CUT] VE PHYSICAL EXAMINATION 204-8.1 Employees may elect to receive an executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician: • A complete office examination • An executive blood panel • Urinalysis • Mammogram • Pap smear • Chest X-ray • EKG (resting) 204-8.2 Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in this section. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, attached to a claim voucher, to the Finance Department for reimbursement. ARTICLE XXX - MF,I,)ICAL INSURANCE 214-9.1 All employees are offered medical insurance for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100% premium for the employee's family category (Family, Employee+l, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding Porac) as of January 1, 2014. 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. 13 FIRE MID -MANAGEMENT - WAIF MENT OF BENEHI'S Effective .ltiiy 1, 2022dtHiLMFY� 2018, the City's contributions to the premiums for medical insurance coverage will be capped at the following rates and employees will be responsible for premium costs in excess of this amount: I-Aployce On 1) $771.35 $649.20 Employee + 1 $1,54171 & N WAI) Family $2,005181 c'.'�,- 41 214-4.2 Only one City of Lodi employee may carry dependent coverage for another City employee. Co -payments incurred due to the loss of dual coverage will be reimbursed by the City of Lodi on a quarterly basis. ARTICLE XXII - DENTAL AND ORTHODONTIA INSURANCE 22.1 Employees are provided fully paid family dental insurance. 2220.2 Maximum benefits are $1,250$1-;000 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. 2224#.3 Effective July 1, 2022, the City shall provide orthodontia benefits. up to a lifetime cat) of $1_.250 for each family member covered under the dental plan. ARTICLE XXIII - VISION INSURANCE 2324-.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. ARTICLE XXIVI - LIFE INSURANCE ?4=.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. 24.2 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. 24.3 Employees are also provided with a $25,000 accidental death policy in the event of death resulting from a line -of -duty injury. ARTICLE XXVIU - CHIROPRACTIC INSURANCE 252-3.1 Chiropractic services may be received by employees and dependents through a chiropractic insurance plan. Plan will allow up to a maximum of 40 visits per calendar year. Co- payments for services are $10.00. 14 FIRE MID -MAMA EN4ENi;` 5T'A'1`E:MEN'I` OF BENEFIT 2524.2 The City shall pay the full costs of premiums for the employee and dependent(s) during the life of this agreement. ARTICLE XXVIXXW - UNIFORM ALLOWANCE 264.1 The uniform allowance shall be $950.00 per year, paid bi-week1% its Ilii cmplo} ,.-Cs rugul�u payroll check. t"Oerly—as par l t*f�t vul�r�-it�Elie +nfrwi+lase ARTICLE XXVII - TUITION REIMBURSEMENT 27.1 Tuition Reimbursement shall follow the City's Tuition Reimbursement Policy. 27.2 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 XXVIII - 56 -HOUR WORKWEEK 2826.1 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 2826.2 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. 2826.3 It is agreed that if the work schedule of a Fire Mid -Management employee is a 40 -hour 2826.4 In order to convert the hours for employees that move from a 40 hour work week to a 56 - hour work week or from a 56 -hour work week to a 40 hour work week, the following formulas will be applied: For conversion from 40 to 56 hours Multiply by 1.4 For conversion from 56 to 40 hours Multiply by 0.7143 Thereafter, accruals shall be earned based on the assigned work schedule. ARTICLE XXIXI F - PERSONAL LIABILITY 292-7.1 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, 15 FIRE MID-MMANAQFMI-NI' -STATEMENT OF BENEFITS including death, sustained by person(s) as a result of a decision made in their capacity, except that: a. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the City determines that: The act or omissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. b. The City is not required to but may pay any claim of judgment for punitive or exemplary damages under the following circumstances: 1- The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City. 2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City. 3. Payment of the claim of judgment would be in the best interests of the City ARTICLE XXX"I-- GRIEVANCE PROCEDURE 11AIQ 1 1-%- ...,, t..: a4 r tt--.:_._ -.t : �- -1- -11 1-- '-`----- - -I i- " — - 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. 30.2 Class action Grievances shall be submitted in writing to the City Manager or vice versa. 302-9.3 STEP ONE Discussion between the employee and the immediate supervisor, who will answer within 15 work days. This step shall be taken within 30 days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 3028.4 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 DR -EE rYUD-MANAGEMENT — s"rATEMr✓NT C11 BL—N_EF-rr,5 step shall be taken within fifteen work days of the date of the immediate Supervisor's answer in Step One. 302-8.5 STEP THREE If a grievance is not resolved in Step Two, Step Three shall be the presentation of the grievance, in writing, by the employee to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. The City Manager's decision shall be final and binding. Step Three shall be taken within fifteen work days of the date of the answer in Step Two. 302-8.6 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 XXXIXA-W - DISCIPLINARY PROCEDURE 312-4.1 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision. Disciplinary actions in the form of termination or discharge shall be subject to final approval from the City Manager. 312-4.2 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 17 F I R R MIT)-MANAGEMVNT-STATEMENT OF BENEFITS of oral or written reprimand, the department head's decision shall be final. In the case of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind or modify the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain: 6. The specific type of disciplinary action; 7. The specific reason(s) or cause(s) for the actions; 3129.3 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. 3129.4 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. 3129.5 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 Cal ifornia State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard of review and hearing procedures: 1. The appeal hearing shall be informal and strict rules of evidence shall not apply. 2. The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation. 3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 18 FIRE. i IDNANACEMENT -- STA -11 -Mr. -mi, c)r Br-.NFT.,r .s 4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the City's representatives. 5. The appeal hearing will be held on the City's premises. 6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual. Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the hearing officer's findings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision. 7. The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation. 312-9.6 Any decision of the City Manager shall be final and binding. 312-9.7 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5 ARTICLE XXX11—CITY RIGHTS 323$.1 It is further understood and agreed 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 19 FIRE MID-MANAQEMPNT =STATEMENT Or Br,-.NLTITS reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications. ARTICLE XXXIII — DEPARTMENT SANCTIONED TEAMS 334.1 It is the intent of the City to develop specialized teams to address a variety of special hazards and provide specialized services to the department or community. When a team is established, minimum standards for inclusion and retention as a team member shall be developed and ratified by the Fire Chief. Any member of the department who becomes a member of a recognized specialized team, shall receive a 2.5% salary increase for as long as he/she meets the minimum entry level requirements and maintains a minimum level of participation as outlined in the team membership requirements. Each employee of the department can only receive 2.5% of salary for team membership, regardless of the number of teams the employee belongs to. 334.2 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. 334.3 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. 333-k.4 Effective March 5, 2012, the 2.5% salary increase resulting from membership in the above sanctioned teams was incorporated into base salary and the incentive pay was eliminated. Each member of the department shall be a member of a sanctioned team and the scope and nature of the teams shall remain as detailed in this Article. ARTICLE XXXIVI—COMPLETE AGREEMENT 342.1 The parties acknowledge that during the negotiations which resulted in this SOB, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the scope of negotiations, and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth in this SOB. Any other prior existing understanding or agreements by the parties, whether formal or informal, regarding such matters are hereby superseded or terminated in their entirety. ARTICI.1;', aCXXV111F—SEVERABILITY 353.1 In the event any provision of this SOB is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. 20 FIRE: m0 -MANAGEMENT -- STATEMENTOF 13PNI Firs ARTICLE XXXVI — PARAMEDIC INC ENTIVE RE -OPENER 36.1 As the C'it y considers proKkttt a Aaf_vait"d Lie Sup Dort ALS services in Ilie Future. i! will be ttcceisa. to staff al I or a poilion of irc Mid ManatLement marks with„para medim Both 11 c City and Fire Mid Mann guent rcco mite the additional work level ol'res nn5ihilit orad s ecialized skill that is re Cued ol'a paramedic ILLS la widcr RL)E)vc and beyond the current B SIC Life Su )OI rec aired by current ciiv of Lodi service: leve s. "Th c CiIY atnd Fire Mid Manaa ►meat ai gree tat continuc discussingappropriate inectttive levels Ii61. iicensecl..pltr:iTtieJics in fruture A S service. Both side+ acre cstlnntitted to ball ain t'fr this incentive in good Faith w M the goal tea have an agreement ria • a e;nuctrrtent of an y ALS service. The ne'otlations will ilie II'dG dlscu!ttiiom nn an incenIive tier the 1, FM M mcttlUer riytii ncd to overNee tltr ALS program, 21 F IR) MID -MANAGEMENT — STATEMENT OF RENEFITS. CHEDULE A -- SA LARY SCHEDULES Effective July 11,2022 ,''-�0n Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief - 80 6100 7/11/2022 $122,617.06 $128,747.84 $135,185.23 $141,944.46 $149,041.72 Battalion Chief -112 6101 7/11/2022 $122,617.06 $128,747.84 $135,185.23 $141,944.46 $149,041.72 Deputy Fire Chief 6120 7/11/2022 $147,140.36 $154,497.28 $162,222.15 $170,333.30 $178,849.96 Effective July 10, 20232039 Title Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief -80 7/10/2023 n6120 $128,747.91 $135,185.23 $141,944.49 $149,041.68 $156,493.81 Battalion Chief -112 7/10/2023 $128,747.91 $135,185.23 $141,944.49 $149,041.68 $156,493.81 Deputy Fire Chief 7/10/2023 $154,497.38 $162,222.14 $170,333.26 $178,849.97 $187,792.46 Effective July 81, 20244024 Title Job Code Eff Date Step 0 Step 1 Step 2 Step 3 Step 4 Battalion Chief -80 6100 7/8/2024 $133,897.83 $140,592.64 $147,622.27 $155,003.35 $162,753.56 Battalion Chief -112 6101 7/8/2024 $133,897.83 $140,592.64 $147,622.27 $155,003.35 $162,753.56 Deputy Fire Chief 6120 7/8/2024 $160,677.28 $168,711.03 $177,146.59 $186,003.97 $195,304.16 22 FIRE MID- AN GE E T — STATEMENT OF BENEFITS CITY OF LODI A MUNICIPAL CORPORATION atepnen bcnwanauer City Manager DRte: Andrew Keys Deputy City Manager Date: Adele Post Human Resources Manager Date: APPROVED AS TO FORM: Janice D. Magdich City Attorney Date: ATTEST: Olivia Nashed City Clerk Date: 22 LODI CITY FIRE MID -MANAGEMENT. Brad Doell Representative Dale: Tim Ortegel Representative Date: Mlcnael Alegre Representative Date: