HomeMy WebLinkAboutAgenda Report - May 5, 2004 E-10AGENDA ITEM E4010
JI& CITY OF LODI
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AGENDA TITLE: Adopt Resolution approving Memorandum of Understanding between City of Lodi
and Lodi Professional Firefighters (LPF).
MEETING DATE: Wednesday, May 5, 2004
PREPARED BY: Human Resources Director
RECOMMENDED ACTION: That the City Council approve the Memorandum of Understanding
between City of Lodi and the Lodi Professional Firefighters (LPF).
BACKGROUND INFORMATION: The City has recently completed negotiations with the Lodi
Professional Firefighters bargaining unit. In September, 2003, the City Council accepted the tentative
agreement with the Lodi Professional Firefighters. The agreement was subsequently ratified by the Lodi
Professional Firefighters. A Memorandum of Understanding has been prepared and is now brought back
to the City Council for formal adoption.
FUNDING: NIA
ar,=n6 M. Narloch, Human Resources Director
cc: Interim City Attorney
Pete Iturraran, LPF President
APPROVED:
bixoh Flynn, City Manager
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approves the Memorandum of Understanding between the City of Lodi and the Lodi
Professional Firefighters, as shown on Exhibit A attached hereto; and
BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be
effective July 1, 2003 through June 30, 2006.
Dated: May 5, 2004
-----------------------
I hereby certify that Resolution No. 2004-87 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 5, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
SUSAN J. BLACKSTON
City Clerk
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
LODI PROFESSIONAL FIREFIGHTERS
July 1, 2003 —June 30, 2006
MOU - CITY OF LODI AND LPF
TABLE OF CONTENTS
CHAPTER 1— SALARIES AND OTHER COMPENSATION
Article I
Article 11
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
CHAPTER 2 — LEAVES
Above Class Pay
Department Sanctioned Teams
Education Incentives
Flexible Spending Account
Jury Duty
Merit Increases
Overtime
Salary
Tuition Reimbursement
Deferred Compensation
Uniform Allowance
Workers' Compensation
Bilingual Pay
Performance Incentive Bonus
2003-2006
PAGE #
4
4
5
6
6
7
7
8
9
9
9
9
10
10
Article XV
Catastrophe Bank
12
Article XVI
Holidays
12
Article XVII
Leaves of Absence
13
Article XVIII
Sick Leave
14
Article XIX
Vacation
14
CHAPTER 3 — INSURANCE AND RETIREMENT
Article XX
Chiropractic Insurance
15
Article XXI
Dental Insurance
15
Article XXII
Medical Insurance
16
Article XXIII
Retirement Plan
16
Article XXIV
Sick Leave Conversion
16
Article XXV
Vision Care
18
CHAPTER 4 — SAFETY
Article XXVI
Safety Committee
E
IN
MOU - CITY OF LODI AND LPF 2003-2006
CHAPTER 5 —
Work Hours, Schedules, Meals
Article XXVII
56 -Hour Work Week 19
Article XXVIII
Flexible Staffing 19
Article XXIX
Shift Trades 20
CHAPTER 6 — ASSOCIATION / CITY ISSUES
Article XXX
Alcohol, Smoking, and Drugs
20
Article XXXI
City Rights
21
Article XXXII
Complete Agreement
22
Article =111
Concerted Activities
22
Article XXXIV
Employee Representation
23
Article XXXV
Grievance Procedure
24
Article XXXVI
Layoff Procedure
29
Article XXXVII
Physical Fitness
29
Article XXXVIII
Probation
30
Article XXXIX
Severability
30
Article XXXX
Term
31
Schedule A — Salary Schedule Effective 10/1/03
Attachment 1 — Side Letter
41
MOU - CITY OF LODI AND LPF
City of Lodi
And
Lodi Professional Firefighters
July 1, 2003 — June 30, 2006
2003-2006
Chapter 1. Salaries and Other Compensation
ARTICLE I - ABOVE CLASS PAY
1.1 All employees in this bargaining unit who are required to work in a higher class
shall be paid an additional 5% of the employee's salary for all hours once 12
consecutive hours have been worked.
ARTICLE II — DEPARTMENT SANCTIONED TEAMS
2.1 It is the intent of the City to develop specialized teams to address a variety of
special hazards and provide specialized services to the department or community.
When a team is established, minimum standards for inclusion and retention as a
team member shall be developed and ratified by the Fire Chief. Any member of the
department who becomes a member of the recognized specialized team, shall
receive a 2.5% salary increase for as long as he/she meets the minimum entry level
requirements and maintains a minimum level of participation as outlined in the
team membership requirements. Each employee of the department can only
receive 2.5% of salary for team membership, regardless of the number of teams the
employee belongs to.
2.2 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.
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MOU — CITY OF LODI AND LPF 2003-2006
2.3 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.
ARTICLE III - EDUCATION INCENTIVE
3.1 An incentive program shall be established with the major purpose being to
encourage and reward members of the LPF to broaden their on-the-job experience
with academic training in the fields of science, management and administration.
3.2 Employees who meet the following criteria are eligible for education incentive pay.
A. Employees holding an Associate of Arts shall receive $25.00 per month if
the:
1. AA is in Fire Science or related field or;
2. AA is in a non -related field with a Fire Science Certificate from an
accredited institution or;
3. The employee possesses an AA degree and is actively pursuing a
baccalaureate degree.
B. Employees possessing a BA or BS degree shall receive an additional $25.00
per month. If an employee possesses a BA degree, it is assumed that an AA
is also possessed.
C. The following increments shall be added to the Education Incentive
Program. It is agreed that the following amounts shall be paid if the
individual has completed the necessary course work.
0 EMT ----------------------------------------------------------------- 3% of base salary per
month
0 Certified Fire Officer -------------------------------------- ----------$50.00 per month
0 Certified Chief Officer ------------------------------------ ----------$50.00 per month
0 Certified Fire Investigator- Level 2 -------------------------------- $12.50 per month
0 Certified Fire Instructor Level 3 and Mgmt 2.E ------------------ $25.00 per month
0 Certified Fire Prevention Officer Level 3 and Mgmt 2.E ------- $25.00 per month
0 Certified Public Education Officer Level 2 ---------------------- $12.50 per month
0 Certified Fire Chief --------------------------------------------------- $25.00 per month
4"
MOU - CITY OF LODI AND LPF
2003-2006
The maximum amount to be paid under this program is $175.00 per month. EMT
pay is excluded from the $175.00 per month cap.
3.3 In addition to the amounts specified in Section 3.2, an additional $25.00 per month
shall be paid if the employee possess a Hazardous Materials Specialist/Technician
certificate.
3.4 Persons possessing the aforementioned requirements shall not receive the incentive
pay until such time as evidence of completion is produced. If they do possess the
requirements on that date, but do not have evidence of completion, pay shall be
made retroactively.
ARTICLE IV — FLEXIBLE SPENDING ACCOUNT
4.1 The City shall include members of the LPF in the City's flexible spending account
program, which allows employees to pay for unreimbursed medical costs,
insurance premiums, and dependent care costs to be paid with pretax dollars.
ARTICLE V - JURY DUTY
5.1 All full-time regular employees are granted jury duty leave with pay. Any
employee who is summoned to attend any court during the time regularly required
for his employment for the purpose of jury service shall be entitled, while so
engaged and actually serving, to his regular compensation in addition to any jury
duty compensation.
5.2 No employee shall be granted jury duty leave with pay in which such employee
will be testifying in behalf of oneself or as a witness in a court of law.
5.3 An employee serving on jury duty, who is not required to be in attendance at such
jury duty for more than one half of the employee's normal working day is expected
to return to his regular work assignment for the balance of the day. An employee
seated on a jury shall not be scheduled for regular work during the twelve hours
preceding the scheduled time for jury duty.
5.4 If an employee covered by this Agreement is required by subpoena to appear in
court or to give a deposition as a result of an action taken within the scope of
employment with the City, that employee shall receive his full pay while so doing,
with no loss of time if he/she is on regular duty. If the employee is not on duty, the
City agrees to compensate that employee at one and one-half times his/her regular
rate of pay, for the time spent in any appearance as required by this Article. The
employee shall demand a witness fee and shall reimburse same to the City. As a
MOU - CITY OF LODI AND LPF
2003-2006
prerequisite for payment to off-duty employees, the Fire Chief or his designee must
be notified in writing of the off-duty appearance within seventy-two hours after the
employee is subpoenaed or otherwise notified of the required court appearance.
The employee shall demand a witness fee and shall reimburse the same to the City.
5.5 Voluntary Grand Jury service such as that service in San Joaquin County, is not
covered by Jury Duty leave.
ARTICLE VI — MERIT INCREASES
6.1 Merit increases shall not exceed the next step of the salary range for the position's
classification.
ARTICLE VII - OVERTIME
7.1 All hours worked in addition to the regularly scheduled shifts shall be paid at the
rate of one and one-half times the then regular rate of the employee. Overtime
work shall be required of any employee to meet special or unusual needs of service
beneficial to the City and community. All overtime work requires the prior
approval of a supervisor. No employee on disciplinary or medical leave shall be
eligible to work overtime.
7.2 Employees working overtime shall be paid in increments of 15 minutes. Time
within any 15 minute increment shall be rounded off, with 0-7 minutes adjusting
back to the preceding increment and 8-15 minutes adjusting forward to the next
increment. Therefore, overtime shall be compensated in increments of 15 minutes
at a rate of time and one-half.
7.3 Employees may accrue compensatory time in lieu of overtime pay. The accrual
rate for compensatory time shall be one and one-half hours for each hour worked.
7.4 No more than one hundred forty-four (144) hours of compensatory time shall be
carried on the books at any time.
7.5 Bargaining unit members shall be allowed to cash out up to a maximum of 144
hours of earned compensatory time off twice per year, in April and October.
7.6 Upon separation, the employee shall be paid at the employee's current hourly rate
or the average of the last three years whichever is higher, for the remaining
compensatory balance.
7.7 Early call in or shift holdovers shall be compensated at the time and one-half rate.
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MOU - CITY OF LODI AND LPF
2003-2006
7.8 Employees called to work outside their regular hours shall be paid at the rate of
time and one-half the hourly rate for hours actually worked with a minimum
guarantee of three (3) hours for each call.
7.9 If an employee requests time off that would result in the need for overtime, the
employee must take a minimum of three (3) hours off unless the time off is for
emergency reasons or has prior approval of the Fire Chief or his/her designee.
Except for the first or last two or less hours of the shift, shift holdover or early
relief would apply in these situations.
7.10 If a represented employee is called upon to perform the duties of a position exempt
from the Fair Labor Standards Act, all provisions of this Article shall prevail.
ARTICLE VIII - SALARY
8.1 Effective October 1, 2003, represented employees shall receive an equity salary
adjustment of 3.5% simultaneous with a general salary increase of 2.5% as shown
in Schedule A.
8.2 Effective the pay period in which July 1, 2004 falls, represented employees shall
receive a cost of living increase based on the April, 2004 Consumer Price Index
(San Francisco/San Jose, Urban Wage Earner). The cost of living increase shall
equal the CPI, but in no event will it be greater than 4% or less than 2%.
8.3 Effective the pay period in which July 1, 2005 falls, represented employees shall
receive a cost of living increase based on the April, 2005 Consumer Price Index
(San Francisco/San Jose, Urban Wage Earner). The cost of living increase shall
equal the CPI, but in no event will it be greater than 4% or less than 2%.
8.4 The fifteen cities to be surveyed are as follows:
Chico
Clovis
Davis
Fairfield
Merced
Manteca
Modesto
Redding
Roseville
Stockton
Tracy
Turlock
Vacaville
Visalia
Woodland
ARTICLE IX - TUITION REIMBURSEMENT
9.1 In addition to the City policy, individuals enrolling in courses offered by
recognized professional organizations which are not accredited through a college or
MOU - CITY OF LODI AND LPF
2003-2006
university shall be eligible for up to a maximum of $300.00 per fiscal year, to be
paid upon the satisfactory completion of course work. The total monetary benefit
shall not exceed the amount listed in the City Policy Manual.
ARTICLE X — DEFERRED COMPENSATION
10.1 Effective January 1, 2004, the City shall match contributions by bargaining unit
members to a deferred compensation program up to a maximum of 3% of the
members salary.
ARTICLE XI - UNIFORM ALLOWANCE
11.1 The City shall, on a one-time basis, provide each present and future employee with
three department approved uniform shirts and three pair of department approved
uniform pants of a flame retardant fabric. After this initial issue the maintenance
and replacement of the uniform is the employee's responsibility.
11.2 The uniform allowance shall be $800 per year, paid quarterly, as part of the last bi-
weekly paycheck in the months of March, June, September, and December.
ARTICLE XII - WORKERS' COMPENSATION
12.1 In the event that a member of the LPF is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of his duties, he
shall become entitled, regardless of his period of service with the City, to leave of
absence while so disabled without loss of salary, in lieu of temporary disability
payments, if any, which would be payable under this chapter, for the period of such
disability but not exceeding one year, or until such earlier date as he is retired on
permanent disability pension. (State of California Labor Code, Article 7, Section
4850.)
12.2 The City shall implement Article 4850.3 of the Labor Code which provides for
advance disability payments prior to receipt of industrial disability retirement
allowance to the member.
ARTICLE XIII- BILINGUAL PAY
MOU - CITY OF LODI AND LPF
2003-2006
13.1 Bilingual pay of $150.00 per month shall be paid to all LPF members for speaking
Spanish and/ or Punjabi, subject to the eligible employee passing a proficiency
exam administered and approved by the City.
ARTICLE XIV- PERFORMANCE INCENTIVE BONUS
14.1 Definition:
A Performance Incentive Bonus (PIB) is a monetary reward for meritorious
performance above and beyond what is expected and required of all employees
who satisfactorily meet the standards of their job.
The bonus shall be $1,500.00 for those employees who have completed the service
requirements of ten (10) years, and $3,000.00 for those employees who have
completed the service requirements of twenty (20) years.
The bonus is not a part of base salary. Receipt of the bonus for one (1) year does
not affect the following year. Employees must submit a new application for each
year they wish to be considered for the PIB.
It is understood that the bonus is discretionary, and is based upon meritorious
performance as described in the PIB evaluation criteria.
Employees who are granted a PIB by the evaluation committee shall be issued a
separate check for the appropriate amount in November of each year of this
contract.
14.2 Eligibility:
To be eligible to apply for the bonus, employees must meet the following minimum
qualifications:
1. Employees must have completed at least ten (10) full years of service in this
bargaining unit with the City of Lodi by the beginning of the preceding time
period being evaluated (i.e. to be eligible for consideration in November of
2004, an employee shall have had to complete ten (10) full years of service
by June 30, 2004).
2. Employees must have, at a minimum, a rating of meets standards, in the
overall factor rating listed on the performance evaluation.
3. Special duty assignments shall include but are not limited to: Associate,
and or member of a team (maintaining team qualifications and training
hours); Actively participating in team deployments; Participation in
Wildland fire deployment; Performing fire investigations; Public education
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MOU - CITY OF LODI AND LPF
2003-2006
activities; ROP program instruction; Active committee participation; SOP
design and implementation; Training class instruction; Participation with
civic/community organizations.
4. Employees must not have received discipline issued beyond an oral
reprimand.
5. Employees must not have received a positive drug test.
6. Employees must have worked a minimum of eight months during the
qualifying period.
Employees must have met the minimum qualifications by the beginning of the
preceding time period being evaluated.
14.3 Evaluation of Application (Process):
The PIB process shall consist of a committee evaluation, conducted on an annual
basis and shall be based upon the preceding year's evaluation (July — June), and the
events, activities, and actions during this same period of time.
An evaluation committee shall be appointed to review and evaluate the
applications. The evaluation committee shall be composed of two (2)
representatives from the LPF, two (2) representatives from Fire Department
management, and one (1) representative from the Human Resources Department.
Applications for PIB must be made in writing on the designated application form
within the time period allotted by the evaluation committee.
Applicants shall be evaluated only upon written documentation including but not
limited to what is provided in applicants' application, their performance evaluation
and any actions and events during the rating period including but not limited to the
following: attendance, disciplinary actions, service awards, commendations, etc.
The criteria used by the evaluation committee shall be determined and developed in
advance of implementation by Human Resources and the Fire Chief and subject to
agreement with a representative from LPF.
The decision of the committee shall be provided to each applicant in writing. The
vote of the committee shall be in confidence. Members of the committee shall
maintain confidentiality in respect to all committee processes including voting. No
committee member shall disclose to any person outside the committee any
discussion of the committee or information concerning the voting or process of the
committee members.
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2003-2006
The decision of the evaluation committee to grant or deny a PIB is final and
binding, shall not be appealed, and is not subject to any grievance procedure. Any
perceived technical errors regarding minimum qualifications for the bonus may be
resubmitted for further review by the committee.
Chapter 2. Leaves
ARTICLE XV- CATASTROPHE BANK
15.1 LPF members shall be covered by and subject to the Citywide Catastrophic Leave
Policy set forth in the City's current Administrative Policy Manual.
ARTICLE XVI- HOLIDAYS
16.1 Shift Employees in the LPF shall earn 156 hours of holiday leave per year. In
January of each year, every shift employee's holiday account shall be credited with
156 hours. Employees hired mid -year or terminating mid -year shall have holiday
hours credited or deducted at the rate of 6.0 hours per pay period.
16.2 A shift employee may opt to schedule holidays or to be compensated at the straight
time rate for all hours of holiday leave. During the course of the year, an employee
who opted to use scheduled holidays may at their request and at the sole discretion
of the Fire Chief, schedule a day off in lieu of cash payment. Each year, the pay
period in which December 1 falls, employees shall be paid for the unused holidays
at the straight -time rate as of December 31 of the year in which the holidays were
earned.
16.3 Non -shift employees shall observe 9 1/2 fixed holidays per year:
0 New Year's Day
0 Martin Luther King Day
0 President's Day
0 Memorial Day
0 Independence Day
0 Labor Day
0 Thanksgiving Day
0 Day after Thanksgiving Day
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January 1
3rd Monday in January
3rd Monday in February
4th Monday in May
July 4
1 st Monday in September
4th Thursday in November
Friday following Thanksgiving Day
MOU - CITY OF LODI AND LPF
0 Christmas Eve (four hours) December 24
0 Christmas Day December 25
2003-2006
The employee shall also be granted four additional holidays to be taken at a time
mutually agreeable to the employee and the Fire Chief.
If a scheduled holiday falls on a regularly scheduled day off the employee shall
take the days off the day preceeding or day succeeding the holiday. Floating
holidays shall be prorated upon hiring and termination at the rate of one holiday for
each three-month period worked.
16.4 Nothing in this MOU is construed to change the manner in which holidays or
vacations are scheduled.
16.5 It is mutually agreed that two represented employees per shift shall be allowed to
schedule vacations or holiday time. Leave for sickness, injury, or leave for school
shall not effect this time off.
ARTICLE XVII - LEAVES OF ABSENCE
17.1 Leaves of Absence
The City and LPF mutually agree that inability to return to work after an
employee's sick leave has been exhausted shall be considered an urgent and
substantial reason for the granting of a leave of absence in accordance with the
Leave of Absence policy in the City of Lodi Administrative Policy Manual.
17.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City in conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a permanent employee is not impaired by such leave of absence.
17.3 Employees who are placed in a Leave Without Pay status following the expiration
of sick leave, vacation, or compensatory time off, such that the employee is no
longer in a pay status shall not receive employer paid employment benefits.
However, if the leave is for medical reasons the medical insurance wi44 shall be
carried for three months at the City's expense. Other health benefits may be
continued at the employee's expense.
17.4 Firefighters are entitled to leave without pay or other benefits for up to four months
from the date of disability for disabilities because of pregnancy, miscarriage,
childbirth, or recovery therefrom when sick leave has been exhausted. The date on
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MOU - CITY OF LODI AND LPF
2003-2006
which the employee shall resume duties shall be determined by the employee on
leave and the employee's physician.
17. 5 An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position, or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided prior to an employee's
return to work.
17.6 An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to the City of the anticipated
date upon which leave shall commence, although the commencement date shall
vary according to the employee's actual disability. She must also provide an
estimate of the duration of the leave.
ARTICLE XVIII - SICK LEAVE
18.1 Shift employees shall accumulate sick leave with pay at the rate of 5.54 hours per
pay period. Employees working a 40 -hour week shall earn 3.69 hours per pay
period.
18.2 Sick leave accumulated shall be unlimited.
18.3 One working day is defined as 12 work hours (1 duty day) for all LPF personnel
working on a shift schedule.
18.4 Absence to care for a member of an employee's immediate family is authorization
to use up to 72 hours of accumulated sick leave. Generally no more than 120 hours
of family sick leave shall be approved in one calendar year.
ARTICLE XIX - VACATION
19.1 From 0 through 5 years of continuous employment, vacation shall accrue at the rate
of 5.54 hours per pay period.
19.2 From 6 through 15 years of continuous employment, vacation shall accrue at the
rate of 8.31 hours per pay period.
19.3 At the completion of 15 years of continuous employment, vacation shall accrue at
the rate of 11.08 hours per pay period.
19.4 At the completion of 25 years of continuous employment, vacation shall accrue at
the rate of 13.85 hours per pay period.
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MOU - CITY OF LODI AND LPF
2003-2006
19.5 One (1) working day is defined as twelve (12) work hours (1 duty day) for all Fire
Department personnel working on a shift schedule.
Chapter 3. Insurance and Retirement
ARTICLE XX — CHIROPRACTIC INSURANCE
20.1 Chiropractic coverage, up to a maximum of $750, shall be included in the medical
insurance plan.
20.2 Notwithstanding the addition of chiropractic coverage to the medical plan, the
following individuals shall continue to be allowed to receive chiropractic services
from their present chiropractors and be reimbursed for such chiropractic care and
chronic physical therapy to a maximum benefit of 80% of the first $750 of
coverage charges per fiscal year (July 1 to July 1) per person.
COVERED INDIVIDUALS PRESENT CHIROPRACTORS
Newman, Richard and Jackie Dr. Bader, Lodi
20.3 The City shall pay the full costs of premiums for the employee and dependent(s)
during the life of this agreement.
ARTICLE XXI - DENTAL INSURANCE
21.1 The City shall provide Stanislaus Foundation dental plan or an equivalent level of
benefits for the term of this agreement.
21.2 The City shall pay the increased cost of such premiums for the life of the
agreement.
ARTICLE XXII - MEDICAL INSURANCE
22.1 All employees shall be offered medical insurance for themselves and dependents
through Ca1PERS medical plans. The City shall pay 100% of the premium for
employees only up to the highest HMO available in Lodi. The City shall pay the
balance for the highest cost HMO Plan available in Lodi for the employee with one
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MOU - CITY OF LODI AND LPF 2003-2006
dependent less $80.00 per month, and employee with a family less $104.00 per
month.
22.2 Any employee who is otherwise covered by a medical plan and chooses not to
utilize the full extent of medical coverage available to him or her and, as
applicable, to his or her dependent(s) may opt to receive fifty (50) percent of the
highest HMO plan referenced in 22.1 provided however, that (a) such election shall
only be available to the extent allowed by the City's insurer, and (b) this shall not
be construed to allow individuals without dependents to receive any portion of the
dependent premium.
ARTICLE XXIII - RETIREMENT PLAN
23.1 The City shall provide the PERS retirement program commonly known as the "3%
at 50 program". Said program shall include the following additional benefits:
1959 Survivor benefits - third tier
Single Highest Year
Sick Leave Conversion
Military Service Credit
23.2 The City shall pay into each employee's PERS account 9.0%.
ARTICLE XXIV - SICK LEAVE CONVERSION
24.1 For all unused sick leave, a represented employee with ten years of employment
with the City shall be eligible to receive medical, dental and vision insurance
coverage upon retirement (but not upon resignation, transfer or termination) on the
following basis:
After 10 years of employment by the City, the number of hours of unused sick
leave shall be reduced by 16 2/3%. The remaining balance shall be converted into
an equivalent number of days. (NOTE: A day is equivalent to 12 hours for
employees on a 56 -hour week schedule and 8 hours for an employee on a 40 -hour
week schedule). The number of days shall be multiplied by the then current
monthly premium being paid for the employee and if applicable his dependents.
50% of that dollar value shall be placed into a "bank" to be used for medical, dental
and vision insurance premiums for the employee and dependent. For each year that
an employee has been employed in excess of 10 years, 2 1/2% shall be added to the
50% before valuing the unused sick leave, not to exceed 100% of that dollar value.
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MOU - CITY OF LODI AND LPF
For example:
2003-2006
Robert Smith retires with 20 years service and 1800 hours of unused sick leave.
Monthly medical insurance premiums are $344.45 for him and his wife.
1800-(1800 x 16 2/3) =1500 hours
1500-12 =125 days x 75% = 93.75
93.75 x $344.45= $ 32,292.19
This amount shall be reduced each month by the current premium(s) for the
employee and dependent until the balance is gone. In the event the retiree dies the
remaining bank shall be reduced by 50% and the survivor may use the bank until
the balance is gone.
24.2 In the event an active employee dies before retirement and that employee is vested
in the sick leave conversion program, the surviving dependents shall have an
interest in one-half the value of the bank as calculated in Section 24.1.
24.3 Represented employees who retire on a service retirement and are eligible to
convert accrued, unused sick leave into City paid insurance upon retirement shall
be given the option of purchasing, at the retiree's cost, additional insurance for a
period of time equal to the period of time for which they received City paid
insurance upon retirement.
Employee's option shall be exercised upon expiration of the City paid coverage.
24.4 In accordance with the sick leave conversion provision outlined in this MOU, a
surviving spouse of either an active or retired member may be continued on the
medical insurance plan and/or dependent coverage at the appropriate premium for
the same period as if the employee had not died.
24.5 An employee eligible for the sick leave conversion program defined in Section 24.1
may choose instead to receive a cash settlement for all or part of unused sick leave
at the rate of $.30 on the dollar. Under this provision, the employee's sick leave
balance at the time of retirement shall be converted to dollars at the employee's
current pay rate.
24.6 Out of area retirees may receive reimbursement for insurance premiums up to the
City's liability as specified in Section 24.1.
24.7 The City shall modify its contract with PERS to add credit for unused sick leave
per Government Code Section 20862.8. This benefit is available to all employees
regardless of the date hired; however, it is the only sick leave conversion benefit
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MOU - CITY OF LODI AND LPF
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available to employees hired after December 6, 1995. Reporting of unused sick
leave shall be pursuant to PERS regulations on said issue. If an eligible employee
opts to utilize the provisions of Section 24.1 the City shall report to PERS they
have zero (0) hours of unused sick leave.
ARTICLE XXV- VISION CARE
25.1 The City shall provide and pay for a vision care plan underwritten by VSP or
comparable vision care plan. Such comparable vision care plan shall be the same
as the plan offered to mid and executive management employees in the City. The
plan shall have a $25 deductible, shall provide annual examinations and lenses.
Frames are available every two years.
Chapter 4. Safety
ARTICLE XXVI - SAFETY COMMITTEE
26.1 A six -member Joint Safety Committee shall be formed to include three members of
the.LPF. This committee shall be charged with reviewing and making proposed
solutions to items relating to safety standards, equipment, procedures, clothing and
other safety related matters.
Chapter 5. Work Hours, Schedules, Meals
ARTICLE XXV11- 56 -HOUR WORK WEEK
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MOU - CITY OF LODI AND LPF
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27.1 The work schedule of Firefighters shall be a work schedule of "56 hours per week"
with three on -duty shifts in nine 24-hour periods. For purposes of the FLSA, it is
mutually understood the City has declared a 27 day work cycle.
27.2 If an employee assigned to a 56 hour work week schedule terminates his/her
employment in the middle of a two week payroll cycle, the employee's pay for that
cycle shall be computed by multiplying the number of days between the first day of
the payroll cycle and the last shift worked by eight (8) hours or the number of
actually worked in that payroll cycle, whichever is greater.
27. 3 It is agreed that the work schedule of the Fire Inspector is a 40 -hour week and that
all holiday, vacation, and sick leave benefits are based on a 40 -hour week rather
than a 56 -hour week.
27.4 In order to convert the hours for employees that move from a 40 hour work week to
a 56 hour work week the following formulas shall be applied:
For conversion of Vacation:
From 40 to 56 hours ........... Multiply by 1.8
From 56 to 40 hours ........... Multiply by .555556
For conversion of Holiday and Sick Leave and Comp Time:
From 40 to 56 hours ........... Multiply by 1.5
From 56 to 40 hours ........... Multiply by .666667
ARTICLE - XXVIII - FLEXIBLE STAFFING
28.1 For all employees hired prior to December 6, 1995: Upon successful completion of
all education, performance and longevity requirements, the employee shall be
promoted to Fire Engineer. EXCEPTION: If a current Fire Engineer promotional
list is in place, employees hired prior to December 6, 1995 shall be placed at the
bottom of the current Fire Engineer promotional list and promote at the expiration
of the current Fire Engineer Promotional list. This article will expire one year from
the date this MOU is adopted by the City Council.
ARTICLE XXIX - SHIFT TRADES
29.1 It is mutually agreed that each employee may trade shifts.
Employees on initial probation shall not be entitled to participate in a shift trade
except that a shift trade shall be permitted for job related educational purposes.
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MOU - CITY OF LODI AND LPF
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29.2 It is expressly understood that shift trades are requested by employees on a
voluntary basis and are granted exclusively for employee convenience.
29.3 A shift trade commitment shall be considered the equivalent of the employee's
regularly assigned work day. Any member of the bargaining unit who agrees to a
shift trade, but fails to report to work the agreed shift without a valid excuse may
be subject to disciplinary action. An employee who agrees to exchange time with
another employee and who then fails to report to work the agreed time because of
illness, or who reports, but leaves early due to illness, may be required to provide a
doctors note to verify the illness.
29.4 In the event that the person who had agreed to work is unable to do so, he/she shall
make the necessary arrangements to fulfill the obligation. This can be
accomplished by: trading with another employee meeting the shift trade
requirements; forfeiting sick, holiday, compensatory time, or vacation time,
whichever is appropriate based on department policy; or injury leave if appropriate.
Chapter 6. Association/City Issues
ARTICLE XXX - ALCOHOL, SMOKING AND DRUGS
30.1 No member of the Fire Department hired after October 1, 1987 may at any time use
any form of tobacco. This prohibition is considered a condition of employment.
30.2 The LPF shall be covered under the Drug -Free Workplace policy and procedure.
In addition, the LPF shall be covered under the Drug and Alcohol Testing policy
and procedure with the exception of random testing. (Section 34520(e) of the
California Vehicle Code exempts fire employees from the provisions of the
Omnibus Transportation Employee Testing Act of 1991.)
30.3 In the event an employee is involved in an accident while operating a City vehicle
the employee shall not leave the scene of the accident until a determination for drug
and/or alcohol testing has been made by the appropriate supervisor.
30.4 In the event an employee is being referred to drug and/or alcohol testing, the
employee shall have the right to representation or a witness. The witness may
include an on -duty employee, as long as there is no interference with business
necessity.
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MOU - CITY OF LODI AND LPF
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30.5 Supervisors directing an employee to drug and/or alcohol testing shall document at
the time of direction the reason(s) for such determination of the Reasonable
Suspicion Test form, and present that form to the employee.
30.6 The reporting of prescription medication being taken by an employee to his/her
supervisor shall be kept in confidence.
30.7 In the event an employee's locker or storage area is to be searched, the employee
shall have the right to representation or a witness. The witness may include an on -
duty employee, as long as there is no interference with business necessity.
30.8 If a member of the Fire Department has a drug, tobacco or alcohol problem or
dependence, the City shall pay the difference between the employee's insurance
and the cost of an appropriate rehabilitation program.
30.9 All supervisory employees, including those in the rank of Fire Captain, shall attend
training on making a reasonable suspicion determination of being under the
influence of drugs and/or alcohol, and the appropriate referral process. Such
training shall be provided by the City of Lodi. Non -supervisory employees may
attend the training provided that there is adequate attendance capacity, and that the
cost of the training shall be borne by the employee.
ARTICLE XXXI - CITY RIGHTS
31.1 It is further understood and agreed between the parties that nothing contained in
this MOU shall be construed to waive or reduce any rights of the City, which
include, but are not limited to, the exclusive rights:
0 to determine the mission of its constituent departments, commissions and
boards;
0 to set standards of service;
0 to determine the procedures and standards of selection for employment;
0 to direct its employees;
0 to maintain the efficiency of governmental operations;
0 to determine the methods, means and personnel by which government
operations are to be conducted;
0 to take all necessary actions to carry out its mission in emergencies; and
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MOU - CITY OF LODI AND LPF
2003-2006
0 to exercise complete control and discretion and the technology of performing
its work.
31.2 City rights also include the right to determine the procedures and standards of
selection for promotion, to relieve employees from duty because of lack of work or
other legitimate reasons, to take disciplinary action, and to determine the content of
job classifications; provided, however, that the exercise by the City of the rights in
this paragraph does not preclude employees or their recognized employee
organizations from filing grievances regarding the practical consequences that
decisions on such matters may have on wages, hours or other terms and conditions
of employment.
Article XXXII - Complete Agreement
32.1 The parties acknowledge that during the negotiations which resulted in this MOU,
each had the unlimited right and opportunity to make demands and proposals with
respect to any subject or matter not removed by law from the scope of negotiations,
and that the understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in the MOU. Any other prior
existing understanding or agreements by the parties, whether formal or informal,
regarding any such matters are hereby superseded or terminated in their entirety.
ARTICLE XXXIII - CONCERTED ACTIVITIES
33.1 Represented employees agree that they shall not strike, withhold services, engage
in "slow downs" or "sick ins" or participate in any other form of concerted activity
which is intended to or which does adversely affect job performance or rendering
of City services.
ARTICLE XXXIV - EMPLOYEE REPRESENTATION
34.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered
into between representatives of the City of Lodi (hereinafter referred to as "City")
and representatives of the Lodi Professional Firefighters (hereinafter referred to as
"LPF").
The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Section 3500 et
seq. of the Government Code of the State of California, and further acknowledge
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MOU - CITY OF LODI AND LPF
2003-2006
and agree that all matters upon which the parties reached agreement are set forth in
this MOU.
The terms and conditions of this MOU are applicable to those employees in those
positions represented by the LPF of the City of Lodi, i.e., Firefighter I, Firefighter
II, Fire Engineer, Fire Captain, and Fire Inspector. It is mutually agreed that wages,
hours, and other terms and conditions of employment of such employees shall be as
hereinafter set forth. Except as specifically stated in this Memorandum, all existing
benefits currently being furnished to employees and all existing terms and
conditions of employment are to continue in effect unless and until the parties meet
and confer regarding a change in such existing benefits, terms or conditions of
employment.
The terms and conditions of this MOU shall continue in effect during the term of
this MOU. The parties agree as follows:
34.2 The City and the LPF mutually agree that the City shall grant dues deduction to
City employees who are members of the LPF in accordance with the terms and
conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344
entitled "Adopting Rules and Regulations to Implement Provisions of the
Employee -Employer Relations Resolution." The LPF shall indemnify, defend and
hold the City of Lodi harmless against any claims made and against any suit
instituted against the City of Lodi on account of check -off of said employee
organization's dues. In addition, the LPF shall refund to the City of Lodi any
amounts paid to it in error upon presentation of supporting evidence.
Changes in the LPF membership dues rate shall be certified to the City, in writing,
over the signature of the LPF President. The change shall be implemented as soon
as practicable, but in no event later than thirty (30) days after the notification.
34.3 LPF shall maintain exclusive representation rights during the term of this MOU.
Every employee covered by this MOU who is a member of LPF twenty (20) days
after the signing of this MOU shall, as a condition of employment, maintain his or
her membership in good standing in accordance with the Constitution and Bylaws
of the LPF during the term of this agreement.
34.4 No employee covered by this Memorandum of Understanding shall be
discriminated against by the City or by the Union with respect to any job benefits
or other conditions of employment accruing from this agreement because of union
membership, non -membership in the union, race, color, sex, creed, national origin,
marital status, disability or political affiliation. It is understood that violations of
this section are not subject to arbitration.
34.5 The City shall make available a period of one hour to the LPF in each recruit class
with an end toward education of each employee of the rights and benefits under the
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MOU - CITY OF LODI AND LPF 2003-2006
collective bargaining agreement, as well as other association benefits, and the
responsibilities of the employee and the association.
34.6 The City and LPF agree and understand that if any section of this MOU in any way
conflicts with the terms and conditions of employment stated in other authorities,
such as personnel rules, administrative policy and procedure manual, city
resolutions, or city ordinances, any ambiguity shall be resolved in favor of the
MOU language. If the MOU is silent on an issue, the current applicable document
(i.e. policy manual) is controlling.
34.7 Members of the Lodi Professional Firefighters may contribute, individually, to an
hourly account bank. This bank shall be monitored and administered by the Lodi
Professional Firefighters Secretary. Hours may not exceed more than 600 hours on
a yearly basis. The President of the Lodi Professional Firefighters shall designate
members that can use the hours. No more than two persons shall be off at a time
and this shall not effect the regular time off calendar. Five days notice must be
given to the Fire Chief prior to using the bank. Hours may be donated from
member's vacation leave, holiday leave or compensatory time off. The member's
leave account shall be charged an equivalent amount of time required to cover the
absence of the member utilizing the LPF bank. A form shall be generated for this
purpose by the Lodi Professional Firefighters to notify the Fire Chief and Finance.
ARTICLE XXXV - GRIEVANCE PROCEDURE
35.1 This grievance procedure shall be used to process and resolve disputes regarding
the interpretation or application of any of the terms and conditions of this MOU,
letters of understanding, and formal interpretations and clarifications executed by
the LPF and the City.
The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
The term "day" means a working day i.e. Monday through Friday excluding fixed
City Hall holidays.
A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the LPF involving the interpretation, application, or
enforcement of the express terms of this Agreement and other express written terms
and conditions of employment or clear past practices.
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MOU - CITY OF LODI AND LPF
2003-2006
As used in this procedure, the term "party" means an employee, the LPF, the City
or the authorized representatives of any party. The employee is entitled to
representation through all the steps in this procedure.
Matters of discipline are to be handled exclusively in accordance with the
provisions of section 35.4.
35.2 INFORMAL PROCEDURE
The informal procedure must be used as an initial step in all grievances. An
employee or their representative having a grievance arising from employment in
the municipal service shall seek adjustment of the grievance initially through verbal
contact with their immediate supervisor within twenty (20) working days of the
date of the action being grieved, or the date the grieving party became aware of the
incident which is the basis of the grievance. The employee or his/her representative
shall state the nature of the grievance and any pertinent information required for the
supervisor to sufficiently investigate the incident and resolve the grievance.
Should the immediate supervisor be unable to make a satisfactory adjustment, the
employee or their representative may seek adjustment through verbal contact to the
next higher level of supervision up to and including the Fire Chief. The time
allowed between steps in this process is ten (10) working days. All verbal contacts
shall be documented as to the date, time and place of the contact.
In matters involving disputes between two employees (including personality
conflicts between and employee and his/her supervisor), the two employees should
meet in an attempt to resolve their differences. If they cannot resolve the issues
between themselves, the complaint procedure outlined in the Lodi Fire Department
Policy Manual shall be used as the Informal Grievance Procedure.
Should the employee progress through the above steps and find that the Fire Chief
is unable to make a satisfactory adjustment within the time frame given, or is a
party to the grievance, the employee or his representative may seek adjustment
through the Formal Grievance Procedure.
35.3 FORMAL PROCEDURE
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten (10) working days of the last time
deadline of the Informal Procedure, file a Formal Grievance. Initiation of the
formal grievance procedure requires that the grievance be submitted in writing.
The steps of the Formal Grievance Procedure are as follows:
Step A. Class Action Grievances or a Lodi Fire Department Grievance Form is
filed with the Fire Chief. If satisfactory adjustment is not attained the
employee or his/her representative may proceed to Step B within ten (10)
working days.
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2003-2006
Step B. Class Action Grievances or A Lodi Fire Department Grievance Form is
filed with the City Manager. The City Manager or designee shall
investigate the grievance and shall respond in writing within ten (10)
working days. If satisfactory adjustment is not attained the employee or
his representative may proceed to Step C within ten (10) working days.
Step C If the grievance is not resolved by the City Manager or designee,
arbitration shall be the final level of appeal for grievances and discipline.
It is agreed by both parties that the decision of the arbitrator is binding
and final on both parties and that if this procedure is utilized all other
avenues of appeal are waived. If arbitration is chosen the City must be
notified by the grievant or his/her representative within fifteen (15)
working days following the City Manager's decision.
Within ten (10) working days after the request for arbitration is received
by the City or at a date mutually agreed to by the parties, the parties shall
meet to select an impartial arbitrator. If no agreement is reached at this
meeting, the parties shall immediately and jointly request the State
Conciliation and Mediation Service to submit to them a panel of five (5)
arbitrators from which the City and the LPF shall alternately strike names
until one (1) name remains; this person shall be the arbitrator. If the State
Conciliation and Mediation Service cannot provide a list of five (5)
arbitrators, the same request shall be made of the American Arbitration
Association.
To insure that the arbitration process is as brief and economical as
possible, the following guidelines shall be adhered to:
1. An arbitrator may, upon mutual consent of the parties, issue a
decision, opinion or award orally upon submission of the arbitration.
2. Both parties and the arbitrator may tape record the hearing.
3. There shall be no official transcript required; however, either parry
may utilize a court reporter at its own sole expense. The cost of a
court reporter required by an arbitrator shall be shared equally by
the parties.
4. The parties may agree to prepare a joint letter submitting the issue(s)
in dispute. The letter shall present the matter on which arbitration is
sought and shall outline the MOU provisions governing the
arbitration. It may contain mutually agreed on stipulations of fact
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2003-2006
and it may be accompanied by any documents that the parties
mutually agree shall be submitted to the arbitrator in advance of the
hearing which may not necessarily be stipulations of fact. Further,
if the parties mutually agree, the entire matter may be submitted to
arbitration for review without a hearing. Absent agreement to
prepare a joint letter, the parties may submit separate letters.
5. The strict rules of evidence are not applicable but shall be of a type
or kind relied upon by prudent people in the conduct of serious
business and the hearing shall be informal.
6. The parties have the right to present and cross examine witnesses
issue opening and closing statements, and file written closing briefs.
Testimony shall be under oath or affirmation.
7. The arbitrator may exclude testimony or evidence which he/she
determines irrelevant or unduly repetitious.
8. The arbitrator may exclude witnesses and observers from the
hearing at his or her discretion.
9. The arbitration hearing shall be held on the employer's premises.
10. The cost of arbitration shall be borne equally by the parties.
However, the cost, if any, of cancellation or postponement shall be
the financial responsibility of the party requesting such delay unless
mutually agreed by the parties.
The decision, opinion, or award shall be based on the record
developed by the parties before and during the hearing, unless
otherwise agreed to by the parties. The decision shall be in writing
and shall contain the crucial reasons supporting the decision and
award.
The arbitrator has no power to add to, subtract from, or modify the
terms of the MOU or the written ordinances, resolutions, rules,
regulations and procedures of the City, nor shall he/she impose any
limitations or obligations not specifically provided for under the
terms of the MOU. The arbitrator shall be without power or
authority to make any decision that requires the City or management
to do an act prohibited by law.
The arbitrator has no power to add to a disciplinary action.
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2003-2006
The arbitrator's decision shall be final, binding, and precedential
and the arbitrator's decision shall possess the authority to make an
employee whole to the extent such remedy is not limited by law,
including the authority to award back pay, reinstatement, and to
issue an order to expunge the record of all references to a
disciplinary action if appropriate.
If the City believes that the matter is not arbitrable and/or not
grievable, the matter shall be bifurcated. The parties shall select an
arbitrator to hear the issue of arbitrability only. In the event that the
arbitrator determines the matter to be arbitrable, the parties shall
select a second arbitrator to hear the merits of the case.
By filing a grievance and processing it beyond the City Manager the
grievant expressly waives any right to statutory remedies for the
same contract remedies that were available through arbitration or to
the exercise of any legal process other than is provided by the
grievance/arbitration procedure for those contractual remedies under
this contract. The process in a grievance beyond the City Manager
shall constitute an express election on the part of the grievant that
the arbitration procedure is the chosen forum for resolving the issues
contained in the grievance, and that the grievant shall not resort to
any other forum or procedure for resolution or review of the issues.
The parties do not intend by the provisions of these paragraphs to
preclude the enforcement of any arbitration award in any court of
competent jurisdiction.
Allegedly discriminatory acts by the city may be addressed through
the judicial system, DFEH, EEOC, and/or the City's internal
complaint procedure system as provided by law. Allegedly
discriminatory acts are not subject to this procedure.
35.4 GRIEVANCE INVOLVING A DISCIPLINARY ACTION
This section sets forth the exclusive means for grieving disciplinary actions in the
form of a written reprimand, demotion, suspension or dismissal. In the event the
employee wishes to challenge the City Manager's final decision on such discipline,
the employee shall appeal the decision to binding arbitration, commencing with
Step C of Article 35.3 of this Agreement. All other, lesser forms of discipline shall
be reviewable by the Fire Chief without a further right of appeal.
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MOU - CITY OF LODI AND LPF
ARTICLE XXXVI - LAYOFF PROCEDURE
2003-2006
36.1 It is mutually agreed by both parties that the layoff procedure, incorporated in the
Policy and Procedure manual, dated May 1, 1995 is included in this MOU by
reference and it is further agreed that both parties interpret it to mean that time
served in a higher level shall be counted at a lower level for purposes of
determining order of layoff.
ARTICLE XXXVII - PHYSICAL FITNESS
37.1 It is agreed that the physical fitness program shall be continued and shall meet the
following goals:
1. Provide a complete physical examination on an annual basis. These
examinations to be performed by professional medical staff contracted for
by the City.
2. Provide a fitness assessment which will evaluate each individual employee's
fitness as compared to the YMCA normative scores which are defined as:
"a percentage based on fitness evaluations performed by the YMCA and are
categorized according to age group and sex. "
The fitness assessments shall be performed by professional assessors
contracted for by the City.
3. Provide an individual program of exercise based on age, sex and present
physical condition.
4. Provide attainable goals for each individual which would be measurable
through the fitness assessment provided.
5. Provide for in-house exercise activities.
6. Provide an exercise program which shall improve cardiovascular
conditioning, body fat composition, flexibility, grip strength, abdominal
strength, low back strength, chest (arm) strength, back strength, quadriceps
and hamstring strength.
It is further agreed that:
1. The program shall be mandatory for all employees in the bargaining unit.
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2003-2006
2. The program shall be scheduled as a high priority item and work out times
shall normally be available between 0800 and 1700 hours excluding lunch
period and breaks. The City shall provide adequate equipment to carry out
the intent of the program.
3. The equipment used for this program is not to be used by anyone other than
City of Lodi Fire personnel.
4. Confidentiality of records shall be maintained for the protection of the
employees.
ARTICLE XXXVIII - PROBATION
38.1 During probationary period, twelve (12) months, the new hire or promotional
employee shall be entitled to sick leave benefits. Upon completion of probation,
employees are eligible for merit increases.
38.2 Employees on initial probation may not utilize vacation accruals.
38.3 Probationary releases are appealable only to the extent required by law.
ARTICLE XXXIX - SEVERABILITY
39.1 In the event that any provision of this MOU is found by a court of competent
jurisdiction to be invalid, all other provisions shall be severable and shall continue
in full force and effect.
ARTICLE XXXX - TERM
40.1 This MOU covers the period from July 1, 2003 through June 30, 2006.
END
XXXXXX
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MOU - CITY OF LODI AND LPF
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ATTACHMENT 1
SIDE LETTER RE RULES FOR PERSONNEL ADMINISTRATION
BETWEEN
THE CITY OF LODI AND THE LODI PROFESSIONAL FIREFIGHTERS
The Rules for Personnel Administration shall be applicable to the firefighters
bargaining unit, with the exception of the attached changes (2 pages), which
comprise amendments to those rules in respect to the fire fighters bargaining
unit.
Except as required by operational/or business necessity impacting City
employees as a whole, there shall be no changes to the Rules for Personnel
Administration during the term of this agreement. This does not prevent the
parties from mutually agreeing to meet and confer over proposed changes to
the Rules during the term of this Agreement.
Dated:
Joanne M. Narloch
City of Lodi
31
Dated:
Pete Iturraran
Lodi Professional Firefighters
MOU — CITY OF LODI AND LPF
LPF Positions
Salary Schedule effective 10/1/2003
2003-2006
SCHEDULE A
Current 2.5%
Classification Step E COLA Plus 3.5% Salary Adjustment
32
Step A
Step B
Step C
Step D
Step E
Fire Captain
5,442.28
5,578.34
4,749.94
4,987.43
5,236.81
5,498.65
5,773.58
Fire Engineer
4,701.25
4,818.78
4,103.18
4,308.34
4,523.75
4,749.94
4,987.44
Firefighter I
3,867.72
3,964.41
3,375.69
3,544.47
3,721.69
3,907.78
4,103.17
Firefighter II
4,264.13
4,370.73
3,721.67
3,907.75
4,103.14
4,308.29
4,523.71
Fire Inspector 1
4,936.29
5,059.70
4,308.32
4,523.73
4,749.92
4,987.42
5,236.79
32