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HomeMy WebLinkAboutAgenda Report - November 19, 2003 E-105�F'P8 `4< o%XF CITY OF LODI TM COUNCIL COMMUNICATION AGENDA TITLE: Adopt Statement of Benefits for Fire Mid -Management personnel MEETING DATE: Wednesday, November 19, 2003 SUBMITTED BY: Human Resources Director RECOMMENDED ACTION: That the City Council adopt the Statement of Benefits for Fire Mid - Management personnel. BACKGROUND INFORMATION: In July of this year, the City Council approved recommended salary and benefit changes for Fire Mid -Management employees. As Fire Mid -Management was the only Mid - Management group who remains unrepresented, it was necessary to revise the existing Statement of Benefits to accurately reflect the current salary and benefits they enjoy. This document is attached for adoption. FUNDING: NIA ResgeFtfully submitted, Joanne rloch, Human esources birector Cc: City Attorney APPROVED: H. Dikon Flynn ity Manager RESOLUTION NO. 2003-.218 NOW, THEREFORE,.: BE:. IT RESOLVED that the Lodi. City. Council does hereby approve and adopt Statement of. Benefits for Fire M16l vlanagement Personnel as sown on Exhibit A attached hereto and made a part of this resolution. Dated: Now ffi I hereby certify that Resolution No. 003-21.8 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 19, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, froward, Land, and Mayor Hitchcock NOES: COUNCILM.EMBERS:— None A*None 3+ ..None SUSAN J. BLACKSTON City Clerk 1*1 FII NiID-MANA(GEMENT -- STAT . E.NT OF: BENEF TS .. .AX --Y 1.-2003 TABLE OF CONTENTS PAGE # Article I Salary 3 Article IT:: Right of. Return 3 Article III Deferred Compensation 3 Article 1V Flemble Spending Account 4 Artier V. Chiropractic 4 Article VI Education incentive 4 Article VII Overtime 5 Article VIII Retirement 6 Article IX Vacation Leave 6 Article X Admin strativ Leave i Article XI Holidays 8 Article X11 ' Sick Leave 8 Article XIiI Sick Leave Conversion 8 Article XIV Executive Physical Examinations 10 Article XV Medical insurance 14 Article .BVI Dental Insurance 11 Article XVII Vision Insurance 11 ArticleXVRI Life Insurance . 11 Articl.e.IX Uniform Allowance 12 Article XX Leaves and Leaves of absence 12 Article YX1 Tuition Reimbursement 12 Article XXII 56 -Roth "Mork Week 13 Article XXI Probation 14 Article XXXIV Personal Liability 14 Article XXV Grievance Procedure 15 Article XXVI. Disciplinary Procedure 16 Article XXVII City Rights 2€1 Attaehment.A Salary Schedule 22 2 F��2E Ii�dii+f�li�i;�1�xMNT _ TAT IVi�i*iT .: ��1� � J[TLY 1 2003 F�rc . jvision Chief Fire Battalion Chief 'I SL - SALARY 1.1Effective the pay period in. which July 1, 203 Falls; all classifications shall receive a salary eq -q ty of 50% ofthc salary'survey as sh wit in schedule A. Effective the first pay period in which Januar 1, 2004 falls, all classifications shall receive the other 50% of the adjustme .t as shown in Schedule A. The cost of living. increase that is to be received the pay peiiod in which July l; 2003 and July 1, 2004 on this date fail will be added to the azriounts shown cin Schedule A. 1.2 Effective ;the first pay period in which July 1, 2003.falls, employees will receive a cost of living adjustment based upon the consumer price index (CPI - W), San Francisco -Oakland - San fose: The increase will be no less than 2% and no greater than 4% and calculated using the most recent twelve month average that is available and issued by the Department of Labor as of June 15, 2003. Effective the pay peri©d in which July 1, 2004 falls, cost of living adjustments will be adjusted using the same methodology and a ref6renco date of Jure 15, 2004. A .'TICLF- 11 RUGHTOFRETURN 1.1 The City agrees that employees reserve. the. right to return and discuss with the City, at any timol those issues eitainin. to the terms and conditions established by Resolution 2003-132. approved bythe City Council on July 16, 2003 3.1 Employees may participate in the City's Deferred Compensation Plan 3.2 City matches up to a maxi urn of 2,0% of base salary. The City will match up to maximum of 3.0% of base salary effective the pay period in which 111104 falls. FIrt:� : II7ei�I�NA�MEiVT -- S'1' T �vIN'�.C7�° �El� IT 3iJI.X. � Q0 4.1 Employees shall have the option of parti.cipating. in the Flexible Spending Account (Section 125 Plan). EmPt. bes May elect to participat in; a) Premium Conversion b) Nen reimbursed Health Care C) Dependent Care Reimbursement 4,2 Elections fo the calendar year will be made each December,or if a chane in family status oc rs. Money riot used by the end of each calendar year will be forfeited by the employee: Aft" ' .Cl` E V- CHIROP CTIC, 5.1 Chiropractic services may he received by employees and dependents through 4 chlropraetic insurance plata. 6.1 Education incentives will be available to eligible mraployees for specified deg °ices, certifications, and licenses. 6.2 Associate o f Arts Degee - $50.00 per month if the a) AA. Degree is in Fire Science of related field; b) AA De9tee as in a non -related field with a .Fire Science Certificate from an accredited institution. c) Employee has AA De. gree and is actively pursuing a Bachelor of Arts degree Or: Bachelor of. Arts Degree.- $100.00 per month. If an employee possesses a BA degree, he/she will receive a maximum of $100.0 ander Section 6.2. 4 6. ,�I Ir�iIT7-i1�ANAGMN`T' -S`i"A't'� SNI' QF . N�.i�5 JiJLY 12{]03 Employees will receive education incentive pay for the following certifications: Certified Chief Officer Emergency Medical 'Technician Certified .Fire Officer Certified Fire Investigator Certified Fire instructor. Certified Fire Prevention Officer Certified Public Education Officer Certified Fire Chief $100.00 per month $50.00 per month $50.00 per month $12.50 per month $25M per month $25.00 per month $12.5.0 per month $25.00 per month 6.4 Employees shall receive a maximum of $275.00 per month for. education incentives. However, an additional $ 5.90 per month may be camed if the employee ;possesses a Hazardous Materials Specialist/Technician Certificate. 7.1 Due to the fact that the classifications in dais bargaining unit are deemed exempt from ;the overtime regiairements of the Fair Labcir Standards Act (FLSA), the followingspecial provisiol s for the payment of overtime will apply. Employees shall be. ompensated for overtime at the Limo and on.e-half rate for time worked due: to emergencies. Overtime for Fire non -shift employees is based on a 40 hour kirk week. Overtime for Fire shift employees is based upon a .So 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.9hifts,° • 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 Girder to restore service. 7.2 {overtime pay shall not be paid for the following: staff Meetings • $pacts] prriects ® Conferences and seminars except as noted below ® .Appearances before City Council and commissions, • Public it forination presentations,. e Activities involved With the completion of normal: activities orprograms;such as budgets, in annual financial closings, labor negotiations, and recreation programs. 7.3 All overtime must he approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Manager. 7.4 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. 7,5 No more than one hundred forty-four (144) hours of compensatory time may be carried on the books at any time. 7,6 Upon separation; the employee will be pain at the employee's current.hourly rate or the average of the last three years, whichever is higher for the remaining compensatory balance. 7.7 Upon promotion into a Mid -Management position only previously accrued compensatory time must be paid or used prior to the promotion. 7.8 Fire Division Chief is considered art exempt classification not subject to any of the oxceptioris for overtime specified in this section. However, for the purposes of and in recti�ition of sail. Joaquin County Strike Team A. mems, Division Chiefs and Battalion Chiefs will e allovk-ed to participate in Strike Team Operations and be eligible for overtime as provided for in said agreements. . W FIRE .MID-MANAGF,MEIST..._ .STAT.EMENTGE.BENEFITS..._ ... JULY._I 2003 12th year 5.23 hours per pay period (17 days per year) 15th year 6.16 hours per pay period (20 days per year) 21 st'year 6.47 hours per pay period (21 days per year) 22nd year 6.78 hours per pay period (22 days per year) 23rd year 7.09 hours per pay period. (23 days per year..) 24th year 7.40 hours per pay period (2 days per year) 25th year 7.71 hours per pay period (25 days per year) Shift ( 6 hour work geek) Employees: Be inning with: Late of Hire: 5.54 Hours per pay period 6th year 8.31 hours per pay period 15th.`year 11.08 hours per pay period 25'". year/above 13.85 hours per lay period 10,2 New ernployeesor employees bcecoming eligible due to a promotion receive admni trative leave on a prorated basis. Non -shift employees will be granted eight WjUrs leave for each full calendar month remain.in in the caleadar year with a ma.ximu..m of. 80 Hours. Shift employees will be granted twelve hours leave for each full calendar month remain .ing in the Calendar year with a maximum of 120 hours. 10.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with 10.2. 10.4 Employees are eligible to cash out. up to half of their current Administrative Leave balance in any calendar year except in the months ofMay grid June A request to cash out Administrative Leave must be in writing and submitted to the Finance Department. 7 FI dvll�-�+I NA�M�NT - STATE EN'i Off° BE3�T� `I'� 3ULY � 20b3 ARTICLE X1.- HOLIDAYS 11.1 All. ernp ogees shall receive either. 100 lours (non -shim) or 144 (shift) of holiday leave to be scheduled at the..approval of the fire Chief. 11.2 Effective January 2004; employees shall recciv,;�..either 108 hours.(pon.shift) or 156 hours ofholiday leans to compensate for the addition of Martin Luther King, Jr. birthday as a fixed holiday. 8 ISE II3w��1VA�x � - a'�:T �EN"T �' 'i°S JUtrY ] X003 Employees may also use their. banks money to purchase Dental and/or Vision Insurance at the c urrent premiums until their batik 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 premum paid by; the City at the time of retirement. Any differences creAted by all increase in premiums must be pain for by the employee. OPTION 3; - "Cash -Out A retiring etiaployee rill be able to choose a cash pay-off of accumulated sick leave at the rate of 30 cif base pay per limr. OPTION 44<- "Service Credit" A retiring employee wiT.1 be able to convert unused sick leave to service credit for Cal PERS retirement purposes. 13.2 Employees hired after July 1, 1994 will not have the option of converting un sod sick leave .time into medical. insurance premiums or cash as referenced in OPTION 1-3. The only option available to these employees is OPTION #4 "PERS CREDIT1'. Err ploys ps hired into the City tinder. the provisions of the United Professional Pirefi hters MOLD, shall be subject to said provisions with an effective date of December 6, 1995; 13.3 In the event an :active employee dies before retirement and that employee is vested in the Sick. Leave Conversion program 10years) the surviving dependents have an interest in one-half (1/2) thevalue of the bank as calculated in section 13.1 13A The City shall allow. a surviving. dependent of a retiree enrolled in the Sick Leave Conversion program to purch ase medical insurance at the employee only:prernWm fez the saine period as if the retiree had not died. 13.5 A-retirm 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 unlirnited amount of time. 13.6 Out of area retirees may .receive reimbursement for medical insurance premiums tip to the City's liability as specified in Section 1,x.1; Option . 13:7 Only. one. City. of Lodi employee may carry. dependent coverage for another City empl. yee,. herefore, upon retirement the employee may re -enroll as an individual into the health plan in carder to take advantage of the Sick Leave Conversion program. 13.8 A retiree or surviving dependent may purchase dental and vision insurance at the City. group rate through 'the Sick Leave Conversion Bank option. ARTICLE XIV- 'EXECUTIVE 1pklYSICAI.., EXAMINATION 14.1 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 q Ei (resting) 14.2 Employees shall lie reimbursed .for coasts not covered by the edical insurance for the procedures referenced in 14.1 only. Any additional: tests judged necessary shall be the responsibility of the employm. Employees m. ust submit all related receipts, attached to.a clairnvoucher, to the Finance Department for reimbursem(mt. RTI LEXV MEDICAL IN5U 15.1 All erri loyees are offered medical insurance for themselves and. dependents through Cal PERS. Medical Plans. City shall pay l00% remiu n for employee only up to the highest Heti available in our geographical area. Effective as soon as administratively possible, employ .ces Will be responsible for a share of cost of their medical premiums as follows. a) Employees with no dependents - $0.00 monthly, b) Employees with one dependent - $80.00 monthly, c) Employees with more than one dependent - $104.00 monthly. Employees selecting a PPO or other available plan shall also be responsible for the difference in cost. between the highest HMO and the selected plan, in addition to the specified employee share of cost.. Should an employee decide to elect single medical coverage, the City of Lotti will deposit $25.00 per pay period into the employees deferred compensation account. If no coverage is elected $71.15 per pay period will be deposited into the employees deferred compensation account. 10 15.2 Only one City of Lodi employee may carry dependent < coverage for another City employee. Co-i)aymeuts incurred due to the loss of dual coverage ill be'reimbursed by the City of Lodi on a quarterlybasis. ARTICLF XVI -DENTAL INSURANCE 16.1 Employees are provided fully paid family dental insurance. 16.2 Maximum. benefits .are $1,000 f6r e ch family member enrolled intim the dental .&D, Per calendar year. There is a $25 deductible plias co-insurance features. AE.TICLJE XVII - VISION INSURA.NCE 18.2 Employees are provided with 0,00f cxdntaruae while tra lin on pity business outside the City limits. spouses are only:covered while a�campanyin'the Czty employee on City business, or while conducting business on behalf of the City. 18.3 Employees are also provided with a $25,000 accidental death policy in the event of death resulting frau a line -of -duty injury, T1� M1D.-iti��4:N�1GEM�NT - ST�.T 1v1ENT i�F � FrI'S .it.TTL.Y i 2(1413 AI�TI LE IN m UNIFL l .ltd[ LLOWAN E 19.1 The uniform allowance shill be $600.00 per year, paid quarterly, as part of the last hi - weekly paycheck in the months of March, June, September, andDecember, ARTICLE XX.-.LEAVFS.AND LEAVES OF ABS v�l� a) FamilyMedical Leave is available to employees upon reasonable request unless such request g7plifies and an exception to eligibility for family medical leave, or that granting the Dave would cause undue hardship. b) Family Medical Leave is leave of absence up to a total of four (4) months fromtete date leave cornnei ced within a 12 -month period for the following reasons: .1) Binh of a child of the employee and in order to care for such child or the placement of a child with an employee in c. pi ection .with the acdoption or foster care of child by an employee (such Dave must be take-n`within the I2- ont period following the child's birth or placement with employee); or 2) To care f6r a child, parent or spouse of the employee who has a serious health condition; or 3) Because. of`a serious health condition that makes the employee unable to perform the functions of his/her position: c) . The terms. and conditions for leaves of absence without pay pertaining to the medical benefits:ore a plieable to Fanily Medical heave in accordance with the City of Lodi Administrative Policy and Procedure. 21,1 Employees shall receive the following: min 12 �I.R MII�-�AiVA:Cs�I�T -� STA'rM��V'r fl� i3EIV��IT:S 'Y 1 2(?© 1) Tuition costs,.. up to a maximum. of $1,804 per fiscal year, to be paid upon the satisfactory completion of course work. 2) The full cost of books required for courses taker. The maximum arnount reimbursed is based on fees for two courses of study at California State University Sacramento. This maximum amount will be updated annually. A fiscal year is the period between July 1 and June 30. The final date of class shall determine the fiscal year in which that course falls. This section will be applied toward registration fees at an accredited College or University. Course work must be part of a program of study toward obtaining an Assoclato of Arts; Bachelors, or a6y higher degree. 22.3 it is agreed that if the work schedule of a Fire Mid -Management employee `is a 40 -hour week, thea all holiday, vacation, and sick leave benefits are based on a 0 -hour week rather than.a'56-hour geek. 22.4 In order to convert the hours for employees that: move from: a. 40 hour workweek to a 56 - hour work week, the following fon-nulas will be applied: For conversion of Vacation; From 40 to 56 hours... , . —Multiply by 1..8 From 56 to 40hours ..... .,.Mulfiply by .555556 For conversion of Holiday And Sick Leave and Comp Time: From 40 to 5,6 hours...... -Multiply by 1.5 From 56 to 40 hours, ... —.Multiply by .666667 13 City and employee may mutually agree to an extension of the probationary period up to six additional mouths. ® Termination cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion 'of probation. An employeewho o hasbeen promoted and rejected during the probationary period from the position shall be entitled to the rights specified in mules for Personnel Admin str°ation, Article X1; Probationary Period, Section 11.04. ARTICLE YAIV 24.1 En plo es shall be indemnified and held harmless by the City against all casts, legal expenses, and liability arising put of decisions made iz their capacity for the City of Lo i and/or from any cause of action foi property damage, or damages for personal injury; including death, sustained by person(s) as a result of a decision made in their capacity, except that: A, The City is not required to but may provide..for the defense of an action or proceeding brought against an employee or former employee if the City determines that 1. The act or omissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The defense of the action or proceeding by the City would. create a conflict of interest between the City and the employee or former employee. B. The City is not required to but may pay any claim of jud ment for punitive or exemplary darima es under the following circumstances: 1. The judgment is based on an actor omission of an employee or former emloye acting within ilii course and scope of their emplovment as ars ern . Ployee 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 goad faith, without actual malice and in the apparent best interests of the City. 14 I�IRIa MIi�wIultl:NA�EMIitii'r — S'rA`rB N'r C7� BNI✓FiTS 3UI..Y 1 X00 . 3. Payment of the claim c fjud went would be in the best interests of the City: 25.1 Disputes involving the following subjects shall be deterniined. by the Grievance Procedures established herein: A. Mterpretation or application of any of the benefits listed herein. B. Disputes as to Whether a matter is proper subject for the Grievance Procedure. G. Disputes which may be of a "class action" nature filed on behalf of the employees or the City. 25.2 Mass action Grievances shall be submitted in writing to the City Manager or vice ve.rsa. 25.3 STEP ONE Discussion between the employee and the immediate supervisor, who. wiil within. fifteen work days. This step shall be talcen within thirty days of the date.of the action eompIdined of, or the date the ,grievant became aware of the incident which is the oasis of the grievance.. �IRJ�, JD-MANA��MENT � S7C:AT MJ�N'r F NFI'rS JUDY i 2Qf33 ARTICLE VI -.DISCIPLINARY PROCEDU 26.1 Basis: The City may discipline. anemployee in City service. Discipline may include discharge; clemotior, suspension, retltactioii in pay, or oral or written reprimand: Drily regular ernployees shall have the right to hearing and appeal as described in this section. 26.2 FLSA Exempt Employees.- With respect to employees in classification deemed exempt from the overtime requirements of the Fair Labor Standards Act ("FL A'') disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLSA's governing regulations. 26:3 Cause: Causes for discipline of any regular employee may include, but shall not be limited to the fallowing: A. Improper or unauthorized use or abuse of sick leave. E. Excessive absenteeism that prevents reasonable availability for assigned duties: C. Absence without. authorized leave; repeated tardiness to assigned workstation; leaving as i ned stork without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. D. Misconduct; willful or negligent violation of the personnel. rules., resolutions, and/or other related ordinances including written departmental rules, regulations; and policies. E. Insubordination; ation; F. .Acceptance of gifts or gratuities in connection with or relating to the employee's duties. G. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a verdict ofguilty, or a conviction following a plea: of nolo contendere, to a''Charge of a felony or any offense involving moral turpitude in d erned to be a. conviction. H. Fraud or the submission of false information related to employment application, payroll, or any work. -related record or report. 1. Soliciting' outside work for personal gain during the conduct of City business; engaging iii outside employment for any business under contract with the City; or participating. in any outside employment that adversely affects the employee's City work performance; or conducting personal business on City time. J. Discourteous treatment of the public or City employees. or disorderly conduct on City property or on City business including fighting, or using profanity; intimidation, abusive or threatening language. R �.It...MIU-;ivS�,N�C�Ni3�7" - TATt�MiNI' C?F:13N.EFI'rs 3[�I�Y 1 2oC13 K. Conduct that interferes with the reasonable management, operation and discipline of tl e City or any of its departme is or divisions or failure to cooperate with superiors or fellow employees, L. Engaging in political activities while on duty, in uniform or using the authority associated with city employment, M. Violation or neglect of safety rules or practices. N. Behavior, tither during or outside the duty hours., which is of such a nature that it causes discredit to the City or one of'its operating' services. O. Discrimination, including harassment, against other employees or members of the public on the basis of race, color, rational orein, religious creed, ancestry, sex; sexual preference, marital status, ago or physical handicap. R Inefficiency, incompetence, or negligence in the performance of duties, including failure to perforin or complete assigned tasks or training, in a prompt, competent, and reasonablemanner. Q. refusal ear inability to improve job performance in accordance with written or verbal. direction after a reasonable trial period. R. Refusal to accept a..nd carry out reasonable and proper assignment from an authorized supervisor. S. Possession or use cif controlled substances or alcohol on City property and/or at the worksite. T. Intoxication, intemperance, or incapacity due to the use of controlled substances or alcohol while on duty. U. Failure to obtain :or maintain possession of the minimum qualifications for the posit ion. V. Careless, negligent, or improper use of City property, equipment or funds, including: unauthorized removal, or use for private purpose, or t se involving damage or unreasonable risk of damage to property. W. Unauthorized release or use of confidential information or official records. X. Participation in an illegal strike, work stoppage, slowdown, or other job action against the City. Y. Inability'to perform the duties of his/her job. Z. Dishonesty. 17 �'IE :MID-Mt1i��xGMI�NT �-.STATEMENT o1 t3�N t. � t.Y 1 24Q 1. The specific type of d..iscipiinazy 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 uction is based, anal 5. Notice that the employee has the right to respond orally or in w- icing Within tern f 0) days to the department head initiating the disciplinary action. O hearing before the City Manager is available to review oral or.wri. tten reprimands. An emptoye who responds anally car in writing to the department head shall be entitled to , meet ' in an informal conference with tht depatrka hea€i and shall be given the. 18 FIRI~ .-IviI:D-MAI�tAG.�M I�1'I' -- sTATEMI: T F i3N�F`I`I' 3UL 1 20©3 opportunity to rebut the charges against him/her or to. state any mitigating circumstances. In the case of oral or written reprimand, the departmenthead's decision shall be final. Iia the case of discharge, demotion, suspension or reductionin pay, the department head or other City designee shall hear and consider the factspiesertted 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; 26.5 Ficial Notre 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 pity 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. 26.7 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal; and the affected employee is not satisfied Stith the decision rendered by the pity 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 clays 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 /tearing. The employee shall submit a copy of the appeal to the City /manager. 26.9 If an employee suO nits an appeal, the City shall refer the case to a neutral hearing officer selected throu 2the 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 offccrs from the office of the California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard of review and hearing procedures: 1. The appeal hearing shill be informal and strict rales 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. Fitness testimony shall be under oath or Affirmation. III QTR ;MiD-MANACa N'I' .— STA'rM�NT GF i3�'�TE�ITS .tIJt.3� 1 2ti€i� 3. The hearing:officer may exclude testimony or evidence which he./ghe determines irrelevant or unduly repetitious; 4. Attendance at the al l eal hearing shall be lirnited to those determtried � y tlZe ;hearing officer to have a direct connection with. the appeal Witnesses ncaMally W66ld b.0 present at the t eam o ly.while testifying and should be permitted to testify onlyib the presence of the employee or his/icer 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;author.ity/jurisdiction shall be limited to reviewing.the factual basis'supporting elle discipline and determining that the` factual basis was reacbed bonestly, after a fair, appropriate and procedurally.correct investigation and for reasons that were not arbitrary, disc n ory 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 judgmerit fpr that of management's as .to the level of discipline imposed. Should the hearing officer riot 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 caro, the hearing officer will have the authority to retain jurisdictiai over the opal tc etxsttte 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 .pf . representation 26.9 Any decision of the City Manager shall be final and binding. 26.10 Judicial review Of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094. Article ' 'IlCITY RIGHTS 2701 It is further understood. and agree between the parties that nothing contained in this statement of benefits shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to Determine the mission of its constituent. departments, commissions, and beards • Set standards of service Determine the procedures:' and standards of selection for employment Direct its eaployees 20 FIRE :MIS-MA1riAG iENT TATFi E1-iT - BENEFITS LY 1,_2003 Maintain the effi.c. ncy of govermne tal operations a Determine the methods, means, and personnel" by which government operations are .conducted Tale 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 ri& to determine the. procedures and standards of selection for rc�m0.60 . , to relieve employees from duty because of lack of` work car other legitimate reasons. to make and enforce standards of conduct and discipline, and to determine the content of job cla.ssifications. 21 FIRS M wIVIA?IA.C:I�MNT - Si'A MN'T;UI". EN��I.`I'S Y 1 2[1E3,� effective Y'. Period in which julyl, 2003.falls Ste .A Ste Ste 0 tekpp S E l"""ire Battalion Chiv-f $5,624,91 $5;906.16 $6,201.47 $6,511.54 $6,837.12 Fare Division Chief $6,749.9.0 $7,087.39 $7;441.76 $79813.85 $8,204.54 Salary 0f6efive pay period in which January 1,1004. Eels 22 ate ate Sty Ste D Ste E Fire Battalion Chief. $5,959,46 $6,257.43 $6;570.30 $6,8 8 82 $7,243.16 Fire Division Chief $"1,151°35 $7,508,92 $7,884.36 $8,278.5 $8,692.51 22