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HomeMy WebLinkAboutSANTA ANA FIREMEN'S BENEVOLENT ASSOC 1 A-2004-265 2004 - 2008 MEMORANDUM OF UNDERSTANDING CITY OF SANTA ANA AND SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION 1 J ARTICLE ARTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX ARTICLE XXI ARTICLE XXII ARTICLE XXIII ARTICLE XXIV ARTICLE XXV ARTICLE XXVI ARTICLE XXVII EXHIBIT A EXHIBIT B TABLE OF CONTENTS SUBJECT PAGE RECOGNITION & DEFINITIONS 4 NON-DISCRIMINATION CLAUSE 5 ATTENDANCE, WORKDAY & WORKWEEK 6 SALARIES 10 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES 17 OR DIFFERENTIALS FIRE SCIENCE EDUCATIONAL INCENTIVE 21 ALLOWANCE CAREER DEVELOPMENT PROGRAM 23 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 38 OVERTIME/STAFFING 42 HOLIDAYS 48 VACATION 50 LEAVES OF ABSENCE (OTHER) 54 RELEASE TIME FOR ASSOCIATION BUSINESS 65 INSURANCE (EMPLOYEE) 66 RETIREMENT 69 DISCIPLINE 71 GRIEVANCE REVIEW PROCEDURE 73 DUES DEDUCTION & INDEMNIFICATION 76 CITY RIGHTS 77 STRIKES & WORK STOPPAGES 79 LAYOFFS 80 MISCELLANEOUS PROVISIONS 81 SOLE & ENTIRE AGREEMENT 83 WAIVER OF BARGAINING DURING THE TERM OF 84 THIS AGREEMENT SEPARABILITY PROVISION 85 TERM OF AGREEMENT 86 RATIFICATION & EXECUTION 87 BASIC SALARY & WAGE SCHEDULE 89 ASSIGNMENT OF CLASSES REPRESENTED BY THE 91 SAFBA TO SALARY RATE RANGES FOR THE 48-MONTH PERIOD 2 TABLE OF CONTENTS (Cross referenced in Alphabetical Order) SUBJECT ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES OR DIFFERENTIALS ATTENDANCE, WORKDAY & WORKWEEK CAREER DEVELOPMENT PROGRAM CITY RIGHTS DISCIPLINE DUES DEDUCTION & INDEMNIFICATION FIRE SCIENCE EDUCATIONAL INCENTIVE ALLOWANCE GRIEVANCE REVIEW PROCEDURE HOLIDAYS INSURANCE (EMPLOYEE) LAYOFFS LEAVES OF ABSENCE (OTHER) MISCELLANEOUS PROVISIONS NON-DISCRIMINATION CLAUSE OVERTIME/STAFFING RATIFICATION & EXECUTION RECOGNITION & DEFINITIONS RELEASE TIME FOR ASSOCIATION BUSINESS RETIREMENT SALARIES SEPARABILITY PROVISION SOLE & ENTIRE AGREEMENT STRIKES & WORK STOPPAGES TERM OF AGREEMENT TRAINING & EDUCATIONAL ASSISTANCE PROGRAM VACATION WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT EXHIBITS: ASSIGNMENT OF CLASSES REPRESENTED BY THE SAFBA TO SALARY RATE RANGES FOR THE 48-MONTH PERIOD BASIC SALARY & WAGE SCHEDULE 3 ARTICLE PAGE ARTICLE V 17 ARTICLE III ARTICLE VII ARTICLE XIX ARTICLE XVI ARTICLE XVIII ARTICLE VI 6 23 77 71 76 21 ARTICLE XVII ARTICLE X ARTICLE XIV ARTICLE XXI ARTICLE XII ARTICLE XXII ARTICLE II ARTICLE IX ARTICLE XXVII ARTICLE I ARTICLE XIII ARTICLE XV ARTICLE IV ARTICLE XXV ARTICLE XXIII ARTICLE XX ARTICLE XXVI ARTICLE VIII 73 48 66 80 54 81 5 42 87 4 65 69 10 85 83 79 86 38 ARTICLE XI ARTICLE XXIV 50 84 EXHIBIT B 91 EXHIBIT A 89 ARTICLE I 1.0 RECOGNITION & DEFINITIONS 1.1 Pursuant to the provisions of the Meyers-Mi1ias-Brown Act, Government Code Section 3500, et. seq., the City of Santa Ana (hereinafter called the "City") has recognized the Santa Ana Firemen's Benevolent Association (hereinafter called the "Association") as the recognized representative of the bargaining unit which includes Fire Department employees in the "safety-member" classifications and assignments of Firefighter, Fire Engineer, Fire Captain, and the "miscellaneous-member" classes of Fire Services Dispatcher, Fire Alarm and Maintenance Technician, Fire Alarm and Maintenance Leader, Fire Safety Assistant, Fire Safety Specialist I, II, and III, Fire Safety Analyst, and Paramedic, and excludes all other "miscellaneous-member" employees of the Fire Department and "safety-member" classes of Fire Battalion Chief, Deputy Fire Chief and Fire Chief. 1.2 As used in this Agreement, the term "chief personnel officer or his or her designee" means the City's Executive Director of Personnel Services; the term "agreement" means the Memorandum of Understanding, dated July 1, 2004 through June 30, 2008; the term "City" means the City of Santa Ana; the term "department" means the Fire Department; the term "Firefighter/Paramedic" means those firefighters who possess a Paramedic Certificate and receive a 25 salary rate range (approximately 12.5%) assignment pay differential; the acronym "CaIPERS" refers to the California Public Employees' Retirement System; and the term "safety-member" for the provisions and benefits of this contract shall include Firefighter, Fire Engineer, Fire Captain, and all members of the Fire Prevention Section (Fire Safety Specialists I, II, III, and Fire Safety Analyst) hired prior to January 1, 1990. 4 ARTICLE II 2.0 NON-DISCRIMINATION CLAUSE 2.1 The City and the Association agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti-discrimination laws. 2.2 Whenever reference is made to the masculine gender, it shall be understood to include the feminine gender, unless expressly stated otherwise. 5 ARTICLE III 3.0 ATTENDANCE, WORKDAY, AND WORKWEEK 3.1 Attendance. Employees covered by this Agreement shall be in attendance at their work location during hours prescribed by the Fire Chief or his or her designee (s) and shall not absent themselves during prescribed hours without approval of the Fire Chief or his or her designee(s). 3.2 Definitions. A. Standard Work Period. The Standard Work Period shall apply to all members of the Association who are assigned to Fire Administration, Fire Prevention, or Fire Dispatch. The Standard Work Period shall consist of a consecutive seven (7) day, 168 hour period. B. Alternative Work Period - 207(k) Exempt Employees. The Alternative Work Period shall apply to all members of the Association who are Firefighters, Fire Engineers, Fire Captains, or Civilian Paramedics who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) pursuant to Section 207(k) The 207 (k) Work Period for Firefighters, Fire Engineers, Fire Captains, and Civilian Paramedics shall consist of a consecutive nine (9) day, 216 hour time period. Nothing in this section shall prevent a Firefighter, Fire Engineer, Fire Captain, or Civilian Paramedic from earning overtime and being compensated for overtime based on the overtime provisions of this Agreement. All such overtime shall be paid at one and one-half (1 1/2 times the regular rate of pay. C. Work Hours. Work hours are the regularly scheduled hours of work as determined by the Fire Chief or his or her designee. A "day" is defined as any consecutive 24-hour period. D. Work Schedules. At this time, the Fire Chief has established the following work schedules. These schedules may be changed by the Fire Chief subject to the provisions of the Meyers-Milias-Brown Act. Unless exigent circumstances exist, the Fire Chief or his or her designee shall inform the Association prior to changing the below designated Work Schedules. 6 1. Standard Work Period Schedules. a. 5/40 Work Schedule. Employees shall work five (5) eight (8) hour workdays per seven (7) consecutive day, 168 hour Standard Work Period. Each workday shall consist of eight (8) hours of work and a 30 minute unpaid meal period. b. 4/10 Work Schedule. Employees shall work four (4) ten (10) hour workdays per seven (7) consecutive day, 168 hour Standard Work Period. Each workday shall consist of 10 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Fire Chief or his or her designee. c. 9/80 Work Schedule. Employees shall work four (4) nine (9) hour days and one (1) four (4) hour day (half of split day) in each seven (7) consecutive day, 168 hour Standard Work Period. Each nine (9) hour workday shall consist of nine (9) hours of work and either 30 minutes or one (1) hour of unpaid mealtime. The eight (8) hour workday (split day) shall consist of four (4) hours applied to the first seven (7) day period and four (4) hours applied to the second seven (7) day period divided by either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) hour unpaid meal period shall be made by the Fire Chief or his or her designee. d. 12 Hour Work Schedule-Fire Services Dispatchers. Employees shall work two (2) consecutive 12 hour "day-shift" working days, followed by 24 consecutive hours off duty, followed by two (2) consecutive 12 hour "night-shift" working days, followed by four (4) consecutive 24 hour non-working days in each nine (9) day, 192 hour Standard Work Period. This is a recurring nine (9) day work cycle. Each workday shall consist of 12 hours of work and either a 30 minute or one (1) hour unpaid meal period. The determination as to a 30 minute or one (1) 7 3.3 hour unpaid meal period shall be made by the Fire Chief or his or her designee. 2. Alternate Work Period Schedules Employees. 207(k) Exempt a. 207(k) 24-Hour Shift Schedule. Firefighters, Fire Engineers, Fire Captains, and Paramedics who are assigned to fire suppression duty are assigned to a work schedule consisting of three (3) 24 hour on- duty shifts and six (6) 24 hour off-duty periods every nine (9) day FLSA Work Period. This work schedule is arranged in the following manner: ON-off-ON-off-ON-off-off- off-off. This recurring nine (9) day work cycle results in a workweek of 72 hours. b. Reopener - Al ternati ve Work Schedule. During the term of this Agreement, the City and Association agree to reopen this Article for the purpose of discussing the feasibility of implementing an al ternati ve work schedule for employees assigned to fire suppression. Miscellaneous. Special provisions employees assigned to the 24 hour follows: pertaining to affected shift schedule are as · Such members shall report to work at 7: 30 a . m. (0730 hours) . · Such members shall be provided two (2) work breaks, one in the a.m. and one in the p.m. · The lunch break for such members will be from 11:30 a.m. (1130 hours) to 1:30 p.m. (1330 hours) and will include shopping, cooking, eating, and clean up time. Such break will be extended, not to exceed a cumulative two hour time period, to the extent that the lunch break is interrupted by an emergency call. · The City shall provide time to participate in physical fitness activities daily between 8 : 00 a. m. and 5: 00 p. m. (0800 hours and 1700 hours) . Members participating in physical fitness activities will shower and return to proper uniform within a reasonable time following physical fitness activities. 8 . Up to eight (8) non-emergency night-time activities per Company may be scheduled each year. Such activities, including any clean up activity, shall be concluded by 9:30 p.m. (2130 hours), except July 4th Illegal Fireworks Patrols. 9 ARTICLE IV 4.0 SALARIES 4.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all members of the Santa Ana Firemen's Benevolent Association who are now employed or will in the future be employed in any of the designated classifications of employment listed in this Agreement and its attachments. 4.2 Salary Schedule. The basic salary schedule, attached hereto in a matrix format as Exhibit A, and made a part hereof as though set forth in full herein, provides numerous salary rate ranges, each comprised of five steps or rates of pay, for sworn (CalPERS "Safety") employees and six steps or rates of pay for non-sworn (CalPERS "Miscellaneous") employees. The respective rate ranges are identified by a three-digit number. The steps within each range are identified by the letters "A" through "E" inclusive for sworn (CalPERS "Safety") classifications and "AA" through "E" inclusive for non-sworn (CalPERS "Miscellaneous") classifications, with Step "A" or "AA", respectively, being the lowest step in the range. The purpose of each step and the length of service required for advancement to the next higher step within a particular salary rate range are set forth in Sections 4.5B, 4.6, 4.7 below and in Exhibit A herein. 4.3 Salary Adjustments. The base salaries of employees covered by this Agreement shall be adjusted as follows: A. Effective July 1, 2004 through June 30, 2005 and July 1, 2005 through June 30, 2006, respectively, there shall be no salary increases for employees covered by this Agreement. If, however, any other City bargaining unit receives an across-the-board salary increase during the fiscal years defined above, employees covered by this Agreement shall receive the highest amount provided to any City bargaining unit. B. Effective July 1, 2006, the base salary of employees covered by this Agreement shall be increased by the greater of the following amounts: 1) that percentage increase necessary, rounded to the nearest half- percent (.5%), not to exceed nine (9) salary rate ranges (approximately 4.5%), to ensure that the top 10 step level base salary of a Santa Ana Fire Captain is two percent (2%) higher than the highest top step Fire Captain in any other Orange County Fire Department, on that date; or 2) that percentage increase in an across-the-board salary adjustment provided to any other City bargaining unit during fiscal year 2006-07. C. Effective July 2, 2007, the base salary of employees covered by this Agreement shall be increased by the greater of the following amounts: 1) that percentage increase necessary, rounded to the nearest half-percent (.5%), not to exceed nine (9) salary rate ranges (approximately 4.5%), to ensure that the top step level base salary of a Santa Ana Fire Captain is two percent (2%) higher than the highest top step Fire Captain in any other Orange County Fire Department, on that date; or 2) that percentage increase in an across-the-board salary adjustment provided to any other City bargaining unit during fiscal year 2007-08. 4.4 Application of Basic Compensation Plan. The salary rate ranges and steps contained in Section 4.2 hereof are monthly salary rates. All employees working in classifications of employment covered by this Agreement shall be compensated at a monthly rate, except that an employee hired for temporary work in a position which has an anticipated duration of less than six months shall be paid at a rate per hour for actual time spent in the performance of the duties of his or her employment. Any hourly rate of pay, defined as the regular hourly rate of pay, shall be computed in accordance with the applicable provisions of the Fair Labor Standards Act (FLSA). In determining the hourly rate as herein provided, computation shall be made to the nearest whole cent, and a computation resulting in exactly one-half cent shall fix the rate at the next higher whole cent. 4.5 Beginning Rates. A. Except as provided in Subsection A herein and in Subsection B below, a newly hired sworn employee represented by the Association and in a class considered "Safety" under CalPERS shall be paid the rate shown as Step "A" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training, and/or experience qualifications, the Fire Chief may submit a written request and justification to the City Manager for authorization to 11 4.6 place such new employee at Step "B", Step "C", or Step "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon commencement of his or her service in the classification of employment to which the salary rate range applies, and such assignment having once been made, shall remain in effect until the said employee is entitled to advance to the next salary step in accordance with the further provisions of this Article. B. New employees appointed in a probationary status to the class of Firefighter shall be paid the rate shown as Step "A" in a salary rate range set 53 rate ranges less than the salary rate range herein established for the class of Firefighter. Such probationary employees shall be advanced to Step "B" of such probationary rate range in accordance with Sections 4.6 and 4.7 of this Article. Upon successful completion of the probationary period, said employees shall be automatically advanced to Step "B" of the salary rate range herein established for the class of Firefighter and shall advance through the remaining steps of that range in accordance with Sections 4.6 and 4.7 of this Article, and in Exhibit A herein. C. A newly hired non-sworn employee represented by the Association in a classification considered "miscellaneous" under CalPERS shall be paid the rate shown as Step "AA" in the salary rate range allocated to the class of employment for which he or she has been hired. In special instances where such new employee possesses unique and exceptional education, training, and/or experience qualifications, the Fire Chief may submit a written request and justification to the City Manager for authorization to place such new employee at Step "A," Step "B," Step "C," or Step "D" within the allocated salary rate range, provided that such employee shall be assigned such salary step upon commencement of his or her service in the classification of employment to which the salary rate range applies, and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. Service. The word shall be deemed to the classification "service" as used in this mean continuous, full-time in which the employee Agreement service in is being 12 considered for salary advancement. Said service may be in a higher classification or in a classification allocated to the same salary rate range and having generally similar duties and requirements. A lapse of service by an employee for a period of time longer than 30 calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of the Agreement, and any such employee reappointed by the City shall be considered as a new employee, except that he or she may be reappointed within two years and placed in the same salary step in the appropriate salary rate range as he or she was at the time of termination of employment by reason of such resignation or discharge. 4.7 Advancement within Ranges. The following regulations shall govern salary advancement within rate ranges: A. Length of Service Advancements. After the salary of an employee has been first established and fixed under this plan, such employee shall be advanced from Step "AA" to Step "A," from Step "A" to Step "B," from Step liB II to Step lie, II or from Step "ell to Step liD," whichever is the next higher step to that at which the employee has been previously paid, effective upon the date of completion of the length of service required for such advancement as provided in Sections 4.2 and 4.5B herein. For length of service advancements regarding Firefighter (Probationary) and Firefighter employees, refer to Sections 4.5A and 4.5B. B. Merit Advances. An employee shall be considered for advancement from Step "D" to Step "E" upon the completion of the required length of service as provided in Sections 4 . 2 and 4 . 5B herein; the effective date of such merit increase, if granted, shall be on the first day of the month following the completion of such required length of service. Advancement to Step "E" may be granted only for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. Such merit advancement shall require the following: 1. There shall be on file in the office of the chief personnel officer a copy of each periodic efficiency or performance report required to be made on the employee by the Santa Ana Municipal Code and/or the City Manager during the period of 13 service time of such employee subsequent to his or her last salary advancement. 2. The Fire Chief, at least 20 calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a written statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be informed of the reasons thereof. 3. No advancement in salary above Step "D" shall become effective until approved in writing by the Ci ty Manager, except when placement on a salary step above Step "D" results from promotion under the provisions of Section 4.9 of this Article. C . Length of Service Required When Advancement Denied. When an employee has not been approved for advancement to the next higher salary step, he or she may be reconsidered for such advancement after the completion of three months of additional service and shall be reconsidered for such advancement after the completion of six months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subparagraph B (2) and (3) of this section. 4.8 Reduction in Salary Steps. Any employee who is being paid at merit Step "E" may be reduced to Step "D" of the appropriate salary range, upon the written recommendation of the Fire Chief and the written approval of the City Manager. Procedure for such reduction shall follow the same procedure as outlined for merit advancements in Section 4.7 above, and such employee may be considered for readvancement under the same provisions as contained in Subsection C of Section 4.7. 4.9 Promotional Salary Advancement. A. When an employee is promoted to a position in a higher classification from a position in a lower classification in the same occupational career ladder, he or she shall be reassigned to the lowest step in the appropriate salary rate range for the higher classification, provided, however, that if the base salary step currently being paid such employee is already equal to or higher than this step, he or she shall be placed in the lowest step in the appropriate 14 4.10 4.11 salary rate range as will grant that employee an increase of one salary step over his or her current base salary step. This is exclusive of any pay additive or additives such as shift differential, assignment pay, special skill payor the like, educational incentive pay, or career development pay; provided further, that upon promotion no employee who was receiving educational incentive or career development pay shall be placed in a salary step that would cause him or her to receive less than his or her total compensation prior to promotion, including educational incentive or career development pay. B. Paramedic Pay. A Firefighter/Paramedic, who promotes to either the rank of Engineer or Captain, shall not experience any salary reduction as a result of the loss of the approximate 12.5% paramedic assignment pay differential. When the base salary for the promoted position is equal to or greater than the employee's base salary at the time of promotion, then the Paramedic assignment pay differential shall be eliminated. Demotion. When an employee is demoted to a position in a lower classification, his or her base salary rate shall be fixed in the appropriate salary rate range for the lower classification in accordance with the following provisions: A. The salary rate shall be reduced by at least one step in the appropriate salary rate range. B. The new salary rate must be wi thin the appropriate salary rate range. C. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had his or her service time in the higher classification been spent in the lower classification. D. If the salary rate recommended by the Fire Chief is lower than the maximum step permissible under Subsection C above, such recommendation shall be considered a reduction in pay in addition to the demotion and shall be handled in accordance with the provisions for salary reductions (Section 4.8, above). Reallocation of Salary Rate Ranges. Any employee who is employed in a classification which is reallocated to a different salary rate range from that previously assigned 15 shall be retained salary rate range prior rate range service in such higher step. in the same salary step in the new as he or she had previously held in the and shall retain credit for length of step towards advancement to the next 16 ARTICLE V 5.0 ASSIGNMENT & OTHER SPECIAL PAY ADDITIVES OR DIFFERENTIALS 5.1 Assignment pay differentials, as listed herein and throughout the contract, will, in each case, be added individually and separately to the employee's base salary. In no event shall one assignment pay differential be added to the employee's base salary as a basis for the calculation of an additional pay differential. 5.2 With the exception of Step-Up Pay and Bilingual Pay, no employee shall be eligible for more than one (1) permanent assignment pay at a time when assigned to Fire Suppression. 5.3 Bilingual Pay. Qualified employees who meet the following criteria will be paid a monthly pay differential in an amount equal to the product obtained by multiplying the Step "E" base monthly salary rate of Firefighter by five (5) salary rate ranges (approximately 2.5%) A. Assignment by the Fire Chief position requiring regular bilingual capacity in both Vietnamese or other languages Manager; and or his designee to a and frequent use of English and Spanish, designated by the City B. Certification by the chief personnel officer or his or her designee as having satisfactorily demonstrated conversational fluency in both languages; and C. Written approval of the City Manager. 5.4 Paramedic Duty Pay. A. All personnel who have successfully completed the requisi te paramedic training program, possess a valid Paramedic license, and are accredited by the County of Orange are eligible to be assigned to perform paramedic duty. B. Each such eligible employee who is assigned to perform the duties of a Firefighter/Paramedic, on a full-time basis, shall be paid an assignment pay differential in an amount equal to the product obtained by multiplying the Step "E" base monthly salary rate of Firefighter by 25 salary rate ranges (approximately 12.5%) This differential shall be paid to each such employee 17 irrespective of his or her particular rank or step within rank. C. The City retains the right to require all personnel qualified to perform paramedic duty to perform the duties of his or her regular classification, including firefighting duties, and while such personnel are not assigned to and performing in the capacity of a Paramedic or combination Firefighter/Paramedic on a full-time basis, they shall not be entitled to the paramedic duty pay differential set forth in Subsection B above, unless assigned by the Fire Chief to a temporary 40-hour workweek assignment of a special and exceptional nature as authorized by the City Manager. 5.5 Step-Up Pay. Each covered employee who works in a rank, classification or position providing a higher base salary than that to which he or she is currently assigned, which shall be deemed step-up pay, shall, for each three hour payroll increment worked by him or her in such higher rank, classification or position, receive compensation therefrom in the same amount and manner as if he or she had been promoted to such higher rank, classification or position. 5.6 Temporary Non-Suppression Assignments. Sworn firefighting personnel or Paramedics who are assigned to work a temporary duty assignment outside of Suppression and Rescue shall be paid, effective the first day of such temporary assignment, at a rate set 20 salary rate ranges (approximately 10%) above his or her then current base monthly salary step. In no event shall these assignment bonuses be made for an employee on light duty and/or for disciplinary reassignment purposes. 5.7 Hazardous Materials (Haz-Mat) Assignment Pay. Effective July 1, 2005, up to 70 personnel who have successfully completed the requisite Haz-Mat training program shall be paid at a rate set 10 salary rate ranges (approximately 5%) above the current base monthly salary step to which they would otherwise be entitled. Other employees covered by this Agreement who are not regularly assigned to Haz- Mat duty but work in a Haz-Mat assignment at the discretion of the Department, shall, when assigned, be paid in three (3) hour increments at a rate set 10 salary rate ranges (approximately 5%) above the then current base monthly salary step to which they would otherwise be entitled. The Department agrees to provide annual Haz-Mat physicals, at the City's expense, for up to 70 members of 18 5.8 5.9 5.10 5.11 5.12 5.13 5.14 this bargaining unit who have State-certified, technical- level training. Registered Nurse Differential. An employee who is assigned as a Paramedic possessing a Registered Nurse license will be paid 20 salary rate ranges (approximately 10%) above his or her regular base rate of pay as a Paramedic as long as he or she possesses a valid, current license as a Registered Nurse from the State of California Board of Registered Nurses. Shift Investigator Pay. Three (3) sworn personnel selected to serve in the capacity of shift investigators and who have completed the Level I Certification, shall be paid at a rate set 10 salary rate ranges (approximately 5%) above his or her then current base monthly salary step. Technical Truck Pay. Effective July 1, 2005, up to 70 personnel who have successfully completed the requisite Technical Truck training program shall be paid at a rate set 10 salary rate ranges (approximately 5%) above his or her then current base monthly salary step. Computer Network System Specialist Pay. A sworn employee acting in the capacity of Computer Network System Specialist will be paid at a rate set 20 salary rate ranges (approximately 10%) above his or her then current base monthly salary step. SCBA Pay. Effective July 1, personnel selected to serve Contained Breathing Apparatus paid at a rate set ten (approximately 5%) above his monthly salary step. 2005, the three (3) sworn in the capacity of Self- (SCBA) Officers shall be (10) salary rate ranges or her then current base Arson Investigator Pay. Effective July 1, 2005, one (1) sworn employee serving as the Arson Investigator assigned to a non-suppression 40 hour work week shall be paid at a rate set ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. Lead Pay. Effective October 1, 2004, an employee covered by this Agreement who is regularly and continuously assigned to lead a functional unit which includes two (2) or more positions in the same or lower classification as the incumbent may be compensated up to twenty (20) salary rate ranges (approximately 10%), for said duties upon mutual agreement of the City and FBA, with approval of the 19 5.15 Fire Chief and the chief personnel officer. compensation shall be referred to as "Lead Pay". compensation shall not apply to the rank of Captain or other classification defined as "supervisory" under provisions of the Meyers-Milias-Brown Act. This This any the All assignments of "safety" and "miscellaneous" personnel to positions set forth in Sections 5.3 through 5.14 above shall be made or revoked in writing at the discretion of the Fire Chief in a fair manner. 20 ARTICLE VI 6.0 FIRE SCIENCE EDUCATIONAL INCENTIVE ALLOWANCE 6.1 Personnel in the classification of Firefighter who have successfully completed their probationary period with the Santa Ana Fire Department and personnel in the classifications of Fire Engineer and Fire Captain will be paid an educational incentive allowance in the amounts and in accordance with the criteria set forth below. A. All permanent personnel employed in one of the classes listed above who possess an Associate of Arts Degree, or sixty (60) college semester units (or equivalent quarter units), with major course work in Fire Science or other job-related areas from accredited colleges or universities, regardless of when such courses were completed, will receive a monthly allowance in an amount equal to the product obtained by multiplying the Step "E" base monthly salary rate of Firefighter by five (5) salary rate ranges (approximately 2.5%). B. All permanent personnel employed in one of the classes listed above who possess a Bachelor of Arts Degree or 120 college semester units (or equivalent quarter units), with major course work in Fire Science, Fire Management, Fire Protection Engineering, or other job- related areas from accredited colleges or universities, regardless of when such courses were completed, will receive a monthly allowance in an amount equal to the product obtained by multiplying the step "E" base monthly salary rate of Firefighter by 10 salary rate ranges (approximately 5%) C. Any dispute as to whether any course of study is job related shall be resolved by the Fire Chief. 6.2 It is the intention of the parties to this Agreement that the Fire Science Educational Incentive Allowance Program provided for in this Article will be replaced, through attrition, by the new Fire Safety Career Development Program set forth in Article VII, contained herein. Therefore, upon implementation of said new program: A. Current recipients will continue to receive their career incentive allowances, and "safety-member" personnel hired prior to the program adoption date will continue to be eligible to qualify for and participate in the Fire Science Educational Incentive Program as currently constituted until such time as 21 6.3 they qualify for an program or until they City; and incentive separate level under from service the new wi th the B. "Safety-member" personnel employed on or after the program adoption date will only be eligible to qualify for and participate in the new Fire Safety Career Development Program. Said personnel will not be eligible to participate in the Fire Science Educational Incentive Program set forth in this Article. Upon promotion to such educational discontinued. any rank above incentive that of allowance Fire Captain, shall be 22 ARTICLE VII 7.0 CAREER DEVELOPMENT PROGRAM 7.1 Sworn. Personnel in the classification of Firefighter who have successfully completed their probationary period with the Santa Ana Fire Department and personnel in the classifications of Fire Engineer and Fire Captain will be eligible to qualify for and participate in the Fire Safety Career Development Program as set forth below. For purposes of this section, "completion" means that classroom attendance or other instructional delivery system is required as approved by the Fire Chief. Effective July 1, 2001, "life experience" credits are no longer accepted toward the attainment of educational units, for future applicants to this program. A. Senior Fire Service Professional I. Any" safety- member" bargaining unit member who attains the educational, training and experience qualifications specified below shall be paid an additional 10 salary rate ranges (approximately 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least 60 college semester (or equivalent quarter units) with major work in Fire Science or other job-related from accredited colleges or universities; and units course areas 2. Completion of two optional achievements from two of the three categories of elective achievements listed in Subsection D below. No substitutions shall apply. B. Senior Fire Service Professional II. Any "safety- member" bargaining unit member who attains the educational, training and experience qualifications specified below shall be paid an additional 20 salary rate ranges (approximately 10%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least 90 college semester units (or equivalent quarter units) with major course work in Fire Science or other job related areas from accredited colleges or universities; and 2. Completion of four optional achievements from the options listed in Subsection D below, with no more 23 than two options categories. Only Subsection E below, from anyone of one substitution, as may be made. the three listed in C. Senior Fire Service Professional III. Any "safety- member" bargaining unit member who attains the educational, training and experience qualifications specified below shall be paid an additional 30 salary rate ranges (approximately 15%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least 120 college semester units (or equivalent quarter units) with major course work in Fire Science or other job-related areas from accredited colleges or universities; and 2. Completion of six optional achievements from the options listed in Subsection D below, with a maximum of two committee assignments and a minimum of one achievement from each of the three different categories (i. e. certificate, duty assignment, and committee assignment). One substitution, as listed in Subsection E below, may be made. D. Elective Options. 1. Possession of Certificates: · SBFS Firefighter III Certification* . SBFS Driver Operator II Certification . SBFS Fire Officer Certification . SBFS Chief Officer Certification . EMT-P Certification · Haz-Mat Training Certificate · PC 832 Certification, if obtained prior to September 1, 1990 · State Certified Fire Extinguisher Technician, if obtained prior to September 1, 1990 · State or National Recognition as a Subject Matter Expert in a Science area · Other substantially equivalent certificate accepted in writing by the Fire Chief *Note: An SBFS Firefighter II Certificate may be substituted for the Level III certificate until the SBFS Firefighter III Certificate becomes available, after which time the Level II certificate will no longer be accepted as a substitute. 24 2. Specialized Duty Assignments. Completion of two years of service in a specialized departmental duty assignment in such units/programs as: . Arson Investigation . Emergency Transportation . Fire Prevention . Fire Training . Haz-Mat Team . Paramedic-Firefighter (combination) . Special Administrative Staff Support · Special Non-Staff Assignments (e.g. Breathing Apparatus Specialist, High Pressure Bottle Specialist, Hose Officer, Plot Plan Officer, Small Engine Repairer, Manual of Operations Officer, Reserve Firefighter Coordinator, Paramedic Coordinator, etc.) as specified by the Fire Chief · Other long-term assignment established in writing by the Fire Chief 3. Committee/Professional Assignments. Completion of six months of service as an active participant of an SAFD Committee, such as Apparatus, Joint Apprenticeship, Training, Uniform, Safety, MIS/Computer, Overtime, Equipment Refitting, or similar departmental committee established by the Fire Chief; or completion of six months of service as an Academy Instructor, Engineer Certification Instructor or Grader, CPR Instructor or other subj ect area instructor as determined by the Fire Chief. E. Substitution Options. 1. Duty Assignment Substitution. An affected employee who, during the term of this Agreement, is unsuccessful in securing an appointment to one of the Specialized Duty Assignments specified in Subsection D2 after having formally applied for each and every such assignment he or she has not already completed may substitute an additional different certificate from Subsection D1 above the number of such certificates required for the particular incentive level the employee is pursuing. 25 2. Service Time Substitution. Subject to the condition that it would not be deemed to constitute compensable "hours worked" under provisions of the Fair Labor Standards Act (FLSA), non-paid volunteer service with a recognized Santa Ana or Orange County community service or charitable organization which serves Santa Ana residents directly or indirectly may be substituted for up to 50% of the service time specified in Subsection D3 above. Typical "recognized" community service/charitable organizations include Santa Ana service clubs such as Lions, Elks, etc.; a Santa Ana youth sports league; the Santa Ana YMCA/YWCA; the Orange County Red Cross; the Orange County United Way, or other County-wide charitable organization, etc. 7.2 Non-Sworn Fire Education and Fire Safety. Personnel in the classifications of Fire Safety Specialist I and Fire Education Specialist I who have successfully completed their probationary period with the Santa Ana Fire Department and personnel in the classifications of Fire Education Specialist II, Fire Safety Specialist II, Fire Safety Specialist III and Fire Safety Analyst will be eligible to qualify for and participate in the Fire Prevention Career Development Program as set forth below. A. Senior Fire Prevention Personnel I. Any personnel in the classifications listed in Section 7.2 who attain the educational training and experience qualifications specified below shall be paid an additional ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least sixty (60) college semester units (or equivalent quarter units) with major course work in Fire Science or other related areas, which may include studies in Chemistry, Computer Sciences, Physics, Management, Public Administration, Education, etc., from an accredited college or university; and 2. Completion of a total of four (4) points from Section 7.2D. Two (2) points must be selected from Section 7. 2D Subsection 1 and one (1) point from each of Section 7.2D Subsection 2 and Subsection 3. No substitutions shall apply. 26 B. Senior Fire Prevention Personnel II. Any personnel in the classifications listed in Section 7.2 who attain the educational training and experience qualifications specified below shall be paid an additional fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least ninety (90) college semester units (or equivalent quarter units) with major work in Fire Science or other related areas, which may include studies in Chemistry, Computer Sciences, Physics, Management, Public Administration, Education, etc., from an accredited college or university; and 2. Completion of at least six (6) points from Section 7.2D. Four (4) points must be selected from Section 7.2D Subsection 1 and one (1) point from each of Section 7.2D Subsection 2 and Section 7.2D Subsection 3. Selections from Section 7.2D Subsection 2 and Section 7. 2D Subsection 3 shall differ from Section 7.2A selections. Only one substitution, as listed in Section 7.2F, may be made. C. Senior Fire Prevention Personnel III. Any personnel in the classifications listed in Section 7.2 who attain the educational training and experience qualifications specified below shall be paid an additional twenty-four (24) salary rate ranges (approximately 12%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least one hundred and twenty (120) college semester units (or equivalent quarter units) with major course work in Fire Science or other related areas, which may include studies in Chemistry, Computer Sciences, Physics, Management, Public Administration, Education, etc., from an accredited college or university; and 2. Completion of at least eight (8) points from Section 7. 2D. Six (6) points must be selected from Section 7.2D Subsection 1 and one (1) point from each of Section 7.2D Subsection 2 and Subsection 3. Selections from Section 7.2D Subsection 2 and Subsection 3 shall differ from Section 7.2A and Section 7.2B selections. Only one substitution, as listed in Section 7.2F, may be made. 27 D. Elective Options. 1. Possession of Certificates: Points 1 1 2 2 2 2 2 2 3 3 3 3 4 4 .5 CPR - must remain current State Certified Fire Extinguisher Technician State Fire Prevention Officer I State Fire Prevention Officer II State Fire Prevention Officer III State Public Education Officer I PC832 (full course) ICBO certificates in the areas of construction and inspection ICBO UBC Certification ICBO UFC Certification NFPA Fire Inspector I NFPA Fire Inspector II Any of the UCI, UCLA or other accredited college certificates relating to Fire Protection, Fire Protection Engineering, Fire Science Any vocational certificates from an accredited college relating to Fire Science or other related areas deemed beneficial to the City by the Fire Chief Any seminars, workshops and/or updates approved by the Fire Chief 2. Specialized Duty Assignments. Completion of two (2) years of service in specialized departmental duty assignments in such units/programs as: Points 1 Central Court Liaison 1 Knox Program 1 Public Education (1 year required; excludes Public Education Officer) 1 Fireworks Program 1 Fire Prevention Reserve Coordinator 1 Serving as chairperson on FPO executive board 1 Attend Planning Commission meetings 1 Santa Ana Unified School District committee 1 Citywide Air Quality Team 3. Committee/Professional Assignments. Completion of six (6) months of service as an active participant of a SAFD committee such as: Uniform, Equipment or any other committee set forth by the Fire Chief; or an active participant in an Orange County Fire 28 Prevention Officer committee such as High Rise, Hazardous Materials, Code Review or any other committee set forth by the President of Orange County FPO; or any TQS proj ect set forth by the Fire Chief, or Stay in School program through the Santa Ana Unified School District (SAUSD), CPR instructor for SAFD, AAT member; or Empowerment Zone committee. E. Qualifications. Requirements for Sections 7.2A, 7.2B, and 7. 2C Subsection 1 may be met with any and all education prior to employment with the Santa Ana Fire Department; transcripts must be provided. Requirements Subsection Assignments service. attesting to for Sections 7. 2A, 7. 2B and 7. 2C, 2, pertaining to Specialized Duty may be met with any and all previous A letter from an immediate supervisor service shall be submitted. Requirements for Sections 7.2A, 7.2B, and 7.2C, Subsection 2 pertaining to Elective Options, may be met with any and all previous service. A letter from an immediate supervisor attesting to service shall be submitted. Intentions of future service must be submitted to an immediate supervisor prior to the start of service. F. Substitution Options. 1. An affected employee who, during the term of this Agreement, is unsuccessful in securing an appointment to one of the Specialized Duty Assignments specified in Section 7. 2D Subsection 2, after having formally applied for each and every such assignment he or she has not already completed, may substitute an additional certificate required for the particular incentive level the employee is pursuing; said certificate must have a point value of at least two (2) 2. Subj ect to the condition that it would not be deemed to constitute "hours worked" under provisions of the Fair Labor Standards Act (FLSA), non paid volunteer service with a recognized Santa Ana or Orange County community service or charitable organization which serves Santa Ana residents directly or indirectly may be substituted for up to 50% of the service time specified in Section 7.2D Subsection 3 above. 29 7.3 Non-Sworn Fire Services Dispatcher. Personnel in the classification of Fire Services Dispatcher (FSD) who have successfully completed the probationary work test period will be eligible to qualify for and participate in the Career Development Program as set forth below. A. Senior Fire Services Dispatcher I. FSD personnel who attain the educational training and experience qualifications specified below shall be paid an additional ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least sixty (60) college semester units (or equivalent quarter units) with major course work in Fire Science, Communications, or other related areas, which may include studies in Chemistry, Computer Science, Physics, Management, Public Administration, Education, etc. from an accredited college or university; and 2. Completion of points must 7.3.D1) four (4) points. A minimum of two (2) be selected from Certificates (see B. Senior Fire Services Dispatcher II. FSD personnel who attain the educational training and experience qualifications specified below shall be paid an additional fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least ninety (90) college semester units (or equivalent quarter units) with major coursework in Fire Science, Communications, or other related areas, which may include studies in Chemistry, Computer Science, Physics, Management, Public Administration, Education, etc., from an accredited college or university; and 2 . Completion of at four (4) points (7.3.D1) and a Specialized Duty least six (6) points. A minimum of must be selected from Certificates minimum of one (1) point from Assignments (see 7.3.D2). C. Senior Fire Services Dispatcher III. attain the educational training FSD personnel who and experience 30 qualifications specified additional twenty-four (approximately 12%) above monthly salary step. The shall be as follows: below shall be paid an (24) salary rate ranges his or her then current base criteria for such designation 1. Completion of at least one hundred and twenty (120) college semester units (or equivalent quarter units) with major coursework in Fire Science, Communications, or other related areas, which may include studies in Chemistry, Computer Science, Physics, Management, Public Administration, Education, etc., from an accredited college or university; and 2. Completion of at least eight (8) points. A minimum of four (4) points must be selected from Certificates (7.3.D1). A minimum of two points must be selected from Specialized Duty Assignments (see 7. 3 . D2) . D. Elective Options. 1. Possession of Certificates. Points 2 5 1-5 CPR Instructor-After successfully completing their first class EMT-Emergency Medical Technician Any vocational certificates from an accredited college relating to areas approved by the Fire Chief, may be assigned from 2 to 5 points Emergency Number Professional Any seminars or workshops and/or updates approved by the Fire Chief may be assigned from 1 to 5 points 2 2-5 2. Specialized Duty Assignments. Completion of two (2) years of service in specialized departmental duty assignments in such units/programs as: Points 1 Program Manager 1 Training Officer 1 Street Editor 1 Fireworks Program 1 FMZ CAD Programming 1 Location Builder/Premise Utility 1 VESTA 31 1 CAD Card file input/Maintenance 1 SOP Manager 1 Radio Communications Data Coordinator 3. Committees/Professional Assignments. Completion of six (6) months of service as an active participant of a SAFD committee such as: Uniform, Equipment, Computer, AAT, Safety, or any other committee set forth by the Fire Chief; or any TQS proj ect set forth by the Fire Chief; or the Stay in School program through the Santa Ana Unified School District (SAUSD), Cal Chief's Southern Division Communications Section; or Dispatch Course Instructor. Each Committee will count as one (1) point. E. Qualifications. Requirements for all education may be met prior to employment with the SAFD; transcripts must be provided. Requirements pertaining to Specialized Duty Assignments may be met with any and all previous service. A letter from an immediate supervisor attesting to service shall be submitted. Requirements pertaining to Elective wi th any and all previous service. immediate supervisor attesting to submitted. Intentions of future submitted to an immediate supervisor of service. Options may be met A letter from an service shall be service must be prior to the start F. Substitution Options. 1. An affected employee, who during the term of this Agreement, is unsuccessful in securing an appointment to one of the Specialized Duty Assignments specified above after having formally applied for each and every such assignment he or she has not already completed may substitute an additional certificate required for the particular incentive level the employee is pursuing. 2. Subject to the condition that it would not be deemed to constitute "hours worked" under provisions of the Fair Labor Standards Act (FLSA), non-paid volunteer service with a recognized Santa Ana or Orange County community service or chari table organization which serves Santa Ana residents directly or indirectly may be substituted for up to 32 50% of the service time specified in Committee Work. 7.4 Non-Sworn (Civilian) Paramedics. Employees in the non-sworn classification of Paramedic will be eligible to qualify for and participate in the Career Development Program as set forth below: A. Civilian Paramedic I: Any Paramedic personnel who attain the educational training and experience qualifications specified below shall be paid an additional ten (10) salary rate ranges (approximately 5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least sixty (60) college semester units (or equivalent) quarter units) with major coursework in Fire Science, Health Science, Nursing, Emergency Medical Services, Social Services, Administration, Business Management, Computer Science, Physics, Public Health, Occupational Health and Safety, Law, Psychology, Pharmacology, Education, etc., from an accredited college or university; and 2. Completion (2) points 7.4.Dl) of four (4) points. A minimum of must be selected from Certificates two (see B. Civilian Paramedic II. Any Paramedic personnel who attain the educational training and experience qualifications specified below shall be paid an additional fifteen (15) salary rate ranges (approximately 7.5%) above his or her then current base monthly salary step. The criteria for such designation shall be as follows: 1. Completion of at least ninety (90) college semester units (or equivalent quarter units) with major work in Fire Science, Health Science, Nursing, Emergency Medical Services, Social Services, Administration, Business Management, Computer Science, Physics, Public Health, Occupational Health and Safety, Law, Psychology, Pharmacology, education, etc., from an accredited college or university; and 2. Completion of at least six (6) points. A minimum of four (4) points must be selected from Certificates (7.4 .Dl) and a minimum of one point from Specialized Duty Assignments (see 7.4.D2). 33 Civilian Paramedic III: attain the educational qualifications specified additional twenty-four (approximately 12%) above monthly salary step. The shall be as follows: C. Any Paramedic personnel who training and experience below shall be paid an (24) salary rate ranges his or her then current base criteria for such designation 1. Completion of at least one hundred and twenty (120) college semester units (or equivalent quarter units) with major course work in Fire Science, Health Science, Nursing, Emergency Medical Services, Social Services, Administration, Business Management, Computer Science, Physics, Public Heal th, Occupational Health and Safety, Law, Psychology, Pharmacology, Education, etc., from an accredited college or university; and 2. Completion of at least eight (8) points. A minimum of four (4) points must be selected from Certificates (7.4.D1). A minimum of two (2) points must be from Specialized Duty Assignments (see 7.4 .D2) . D. Elective Options: 1. Possession of Certificates and Licenses (held during term of employment with SAFD) . Points 1 1 1 1 2 2 2 2 2 2 2 1 1 1 2 1 2 2 1 or 2 ACLS PALS ATLS EMD EMD Instructor ACLS Instructor PALS Instructor CPR Instructor EMD Instructor Paramedic Preceptor Paramedic Continued Education Instructor Fire Instructor 1A Fire Instructor 1B National Paramedic Certification EMT Instructor Fire Safety Officer Training Certificate Advanced Airway Trainer CERT Trainer Certified Occupational Health Nurse 34 1 or 2 1 1 1 Registered Nurse Public Business Concepts TQS Training TQS Coacgh Any City Sponsored Career training course, or PSI Course Development 2. Specialized Duty Assignments: Completion of two (2) years of combined service in specialized departmental duty assignments in such units/programs as: Points 1 Safety Committee Chairperson 1 EMS Committee Chairperson 2 Health and Safety Officer 2 Paramedic Coordinator 2 Designated Officer for Communicable Disease 1 Exposure Reporting 1 SAMIRS/SAFIRS Development 1 CQI Development 1 County Paramedic Advisory Committee 2 EMS Training Officer 1 Administration Assignment 2 Medical Supply and Purchasing Officer 2 MSDA Maintenance Officer 3. Committees/Professional Assignments: Completion of six (6) months of service as an active participant of a SAFD committee or representative of SAFD for a local, county, state, or national committee or professional organization relating to Fire, EMS, or Health and Safety: Points 1 Uniform Committee 1 Equipment Committee 1 Computer Committee 1 Fire Chief EMS Committee 1 Fire Training Officer's Committee 1 Administrative Advisory Team 1 Physical Fitness 1 Safety Committee 1 Paramedic Apparatus Acquisition Committee 1 Santa Ana Health & Safety Committee 1 Fire Safety Officer's Association 1 OC EMS Drug and Equipment Advisory Group 1 Association for Professionals in Infection Control 1 American Association of Occupational Health Nurses 35 1 California Association of Occupational Health Nurses 1 Orange County Association of Occupational Health Nurses Any other committee not listed related to EMS, Fire, Health, Safety, City Services E. Qualifications: Requirements for all education may be met prior to employment with the Santa Ana Fire Department; transcripts must be provided. Requirements pertaining to Specialized Duty Assignments may be met with any and all previous service. A letter from an immediate supervisor attesting to the service shall be submitted. Requirements pertaining to Elective wi th any and all previous service. immediate supervisor attesting to submitted. Intentions of future submitted to an immediate supervisor of service. Options may be met A letter from an service shall be service must be prior to the start F. Substitution Options: 1. An affected employee who, during the term of this Agreement, is unsuccessful in securing an appointment to one of the Specialized Duty Assignments specified above after having formally applied for each and every such assignment he or she has not already completed, may substitute an additional certificate required for the particular incentive level the employee is pursuing. 2. Subject to the condition that it would not be deemed to constitute "hours worked" under provisions of the Fair Labor Standards Act (FLSA), non-paid volunteer service with a recognized Santa Ana or Orange County Community service or charitable organization which serves Santa Ana residents directly or indirectly may be substituted for up to 50% of the service time specified in Committee Work. 7.5 Career Development Program Implementation Committee. The Fire Chief agrees to establish a joint labor-management committee to advise and assist in the implementation and ongoing review of the efficacy of the Career Development Program. The committee will also review and recommend additions, deletions or modifications to the list of specialized duty committee and/or instruction assignments. 36 This committee will be comprised of an even number of voting representatives, the total number of which will be set by the Fire Chief, with one-half of the membership to be appointed by the Association and the other half appointed by the Fire Chief. Addi tionally, up to two representatives appointed by the Executive Director of Personnel Services may serve as nonvoting participants of the committee. 7.6 An individual authorized an increase in pay as a result of any provision of the Fire Safety Career Development Program as set out in this Article cannot also receive any additional pay differential set forth in Article VI, under the provisions of the Fire Science Educational Incentive Program Allowance, supra. 7.7 Any incentive pay differential being paid to an individual as a result of the application of any provision of this Article shall be discontinued upon that individual's promotion to any rank above that of Fire Captain. 37 ARTICLE VIII 8.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 8.1 Purposes. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsi- bilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 8.2 Eligibility. A. Applications for considered only employees who have tuition reimbursement will from full-time, permanent completed probation. be City B. Reimbursement the employee other sources etc. is not authorized for courses for which is receiving financial assistance from such as the G.I. Bill, scholarships, C. Applications will be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his or her job, may be reimbursable only after all required occupationally related courses have been completed. For example, a Fire Engineer is a candidate for an A.A. Degree in Fire Science and has completed all course work directly related to his or her fire suppression duties. A course in American History is required for the degree. The history course may qualify for tuition reimbursement because the degree can be related to the employee's job. E. Prior must grade to receiving tuition reimbursement, employees submit documentary proof of having received a of not less than .C. for the course. If 38 objective ratings are not course, then a certificate must be submitted. rendered for of successful a specific completion F. Approval will be limited to courses given or sponsored by accredited colleges and universities, community colleges, California State Fire Marshall classes or other courses approved by the Fire Chief. Workshops, seminars, conferences and similar acti vi ties not identifiable as a formal course of instruction within the curriculum of a recognized educational institution do not fall within the purview of this program, but may be authorized and funded by the interested department without coordination with the Personnel Services Department. G. When an employee is required by the Fire Chief to attend a particular course or seminar, the expense shall be borne entirely by the City. 8.3 Reimbursement. A. Reimbursement will be based on the cost of tuition or registration fees and all required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for 100% reimbursement, subject to the following conditions: 1. That a duplicate of the required text(s) was unavailable for loan from the departmental library prior to the commencement of course work; 2. That any textbook(s) purchased by the City shall be submitted to the departmental library in order that such text (s) may be made available to all employees. C. Tuition and registration costs of $50 or less are eligible for 100% reimbursement. Tuition costs in excess of $50 are eligible for 75% reimbursement. Maximum tuition reimbursement is $1,400 per fiscal year, which the employee may claim either as costs are incurred during the year or as one lump sum. Note: "Summer session," and \\Intersession" shall be counted as a separate "semesters" for purposes of this program. 39 8.4 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form and submit it to the Fire Chief prior to the commencement of class (es) or the payment of fees for registration/tuition. B. The Fire Chief will recommend in writing, approval or disapproval, based on established criteria maintained by the chief personnel officer including budgetary constraints and then forward the application to the chief personnel officer. C. The chief personnel officer will approve or disapprove the application for the City Manager. One copy will be returned to the employee and the duplicate will be retained by the Personnel Services Department. It is advisable that the applicant accomplish the procedures so far described prior to the inception of the course or disbursement of personal funds, in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy. D. The employee will submit his or her copy of the approved application to the Personnel Services Department within three months after he or she has completed the course and received his or her final grade. He or she must include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Applications not submitted to the Personnel Services Department within three months following completion of the course will become void and the involved employee will be ineligible for reimbursement. E. Upon receipt of the application and required documentation, the Personnel Services Department will determine whether the completed course of instruction is compatible with the provisions of Sections 8.2 and 8.3 of this Article. If found to be compatible, the chief personnel officer will compute the amount of reimbursement, authenticate the application and forward it to the Fire Chief. 40 F. The Fire Department amount out Chief will then authorize the Finance to reimburse the employee the approved of the budget of the Fire Department. 41 ARTICLE IX 9.0 OVERTIME/STAFFING 9.1 General Policy for Overtime Work. When it shall be determined to be in the public interest for employees to perform overtime work, or in an emergency situation, the City Manager, the Fire Chief, or a duly authorized representative of the City Manager or Fire Chief, may require an employee to perform overtime work. 9.2 Definition. Overtime work is defined as: A. That authorized or required time worked in excess of the normal workday, tour-of-duty, or work schedule for the particular class and organizational unit of an employee; B. For employees exempted from coverage under the overtime provisions of the Fair Labor Standards Act (FLSA), work amounting to less than 30 minutes in excess of an employee's regular workday shall not be considered overtime. 9.3 Computation of Regular Workweek and Work Periods Overtime Purposes. In computing a regular workday or schedule, paid leave for holidays, sickness, vacation other time off with pay shall be credited toward total. For work and the 9.4 Compensation for Overtime for Personnel Assigned to 40- Hour Workweek Schedule. A. Except as hereinafter provided, the preferable method by which overtime shall be compensated is by monetary payment at one and one-half times the employee's regular rate of pay. The regular rate of pay for such employees shall be determined in accordance with the applicable provisions of the Fair Labor Standards Act (FLSA) . B. Should the Fire Chief determine that the best interests of the City will be served thereby, the Fire Chief or the Fire Chief's designee may permit an employee to be compensated for overtime work by taking paid compensatory time off at the rate of one and one- half times the employee's regular base rate of pay. Compensatory time off shall be taken at the discretion of the employee subject to the operational needs and staffing requirements of the Department. 42 Time off with pay to compensate for overtime worked may be accumulated to a maximum of 80 hours. C. Eligible employees may convert paid overtime to compensatory time off, with the prior permission of the employee's supervisor and subject to the operational needs of the Department. This conversion shall be limited to the accumulation of 80 hours of earned, unused compensatory time off benefits. 9.5 Compensation for Overtime Fire Suppression Personnel Assigned to the 24-Hour Duty Work Schedule. A. Overtime Duty: Emergency or Scheduled. Fire Suppression personnel who are required to remain on active duty or volunteer to work overtime following the scheduled termination of his or her tour of duty will be paid overtime at the rate of one and one-half times his or her regular hourly rate for all such time worked in excess of his or her regularly scheduled workday or work schedule. 1. The regular hourly rate of pay will be computed by di viding the employee's regular monthly base rate of pay, plus pay additives, by 243. 2. Except as hereinafter provided, the preferable method by which overtime work shall be compensated is by monetary payment. However, should the Fire Chief determine that the best interests of the City will be served thereby, the Fire Chief or the Fire Chief's designee may permit an employee to be compensated for the eligible overtime work by taking paid compensatory time off for a period equal in duration to one and one-half times the overtime worked. Compensatory time off shall be taken at the discretion of the employee subject to the operational needs and staffing requirements of the Department. Such time off with pay to compensate for overtime worked may be accumulated to a maximum of 72 hours. B. Voluntary Overtime Program. In order to effectuate a Voluntary Overtime Program within the Fire Department, the Fire Chief agrees to restrict the filling of vacant Firefighter positions pursuant to procedures set forth below: 43 1. As civilian Paramedics are converted to Suppression personnel, that number of included in the Operations Suppression strength. positions Division shall be authorized 2. Vacancies or absences shall be filled by overtime on a rank-for-rank basis in accordance with the existing provisions of the voluntary overtime program and the provisions of the Force Hire Program (for specifics of the Force Hire program, please refer to Departmental policy). To allow for the reassignment of personnel and equipment for the purposes of training, attending meetings, and the smooth operation of the Department, employees shall be allowed to work out-of-rank for periods of less than 12 hours. 3. Adequate Department Program. funds shall budget for be provided in the Voluntary the Fire Overtime 4. The Fire Chief shall retain the right to determine the staffing of an effective response force in the Field Operations Division. C. Staffing Levels. 1. During the term of this Agreement, the minimum staffing level (without Battalion Chiefs) Suppression and EMS shall be as follows: daily for . July 1, 2004 through June 30, 2006: 64 personnel . July 1, 2006 through June 30, 2007: 65 personnel . July 1, 2007 through June 30, 2008: 66 personnel The hiring practice will be to hire Firefighters as follows: . July 1, 2004 through June 30, 2006: When the staffing level reaches 192 permanent employees assigned to Suppression, the City will then hire to a staffing level of 198 permanent employees assigned to Suppression. . July 1, 2006 through June 30, 2007: When the staffing level reaches 195 permanent employees 44 assigned to Suppression, the City will then hire to a staffing level of 201 permanent employees assigned to Suppression. . July 1,2007 through June 30,2008: When the staffing level reaches 198 permanent employees assigned to Suppression, the City will then hire to a staffing level of 204 permanent employees assigned to Suppression. In the event there is a change in the deployment of apparatus, the City will increase staffing levels to support this deployment. For purposes of this Agreement, the City agrees to maintain the following deployment levels on duty daily: 15 Captains, 15 Engineers, 34 Firefighters or Firefighter/Paramedics, and 6 Staff Captains. The City and Association agree that deployment levels may be affected by the lack of an eligibility list for Fire Engineer and/or Fire Captain. 2. If, due to budget overruns or revenue shortfalls budget appropriations are insufficient to fund the minimum staffing level during the term of this Agreement, then this provision of the Agreement is subject to being reopened for negotiation. 9.6 Incremental Usage. Time off with pay to compensate for overtime worked may be taken in increments as small as one hour for employees assigned to regular 40-hour and special 42-hour (average) work schedules and three hours for 24- hour shift personnel. 9.7 Excess Usage. If compensatory time off is used in excess of that available, such excess compensatory time off will, first, be deducted from any available vacation benefits (in whole hours only, since vacation hours are not recorded in fractions); and finally, deducted from the next scheduled wage or salary payment. 9.8 No Effect on Other Benefits. Overtime work shall not apply to the earning of employee benefits (retirement, holidays, vacation accrual, sick leave accrual and employee insurance benefits), toward the completion of the probationary period, or to progression within a salary rate range. 9.9 Advance Compensation for Overtime. Time off with pay as compensation for overtime may not be granted or taken in 45 9.10 9.11 9.12 9.13 advance of the overtime work for which the time off compensates. Before compensatory time off with pay may be taken, as herein provided, the overtime worked must have been recorded on official payroll records at or about the time the overtime work was performed. In the absence of such recording, no compensatory time off with pay will be permitted. Compensation for Overtime: Other Exclusions. No overtime payor compensatory time off with pay shall be allowed an employee for attendance at conventions, conferences, seminars or the like, unless such employee is ordered to attend. Overtime payor compensatory time off with pay shall be permitted only for attendance on such employee's normal days off or for time beyond a normal workday's duration. Overtime payor compensatory time off with pay shall not be allowed for travel time to and from conventions, association meetings, conferences, seminars or the like, should such time occur outside the employee's normal work schedule, unless the employee is ordered to attend. Call-Back Duty. Any employee covered by this Agreement who is recalled to active duty from off-duty, shall be entitled to overtime pay at the rate of one and one-half times the normal hourly pay rate for such employee for time actually worked after reporting to the place of duty, or to two hours pay at the normal rate of pay, whichever is greater. Accrued Overtime Paid Upon Promotions or Upon Separation. Upon an employee's probationary or regular status appointment to a position in which overtime may not be earned or upon an employee' s separation from employment with the City by resignation, retirement, layoff or otherwise, he or she shall forthwith be compensated for any overtime accumulated to the time immediately preceding such promotion or separation. Court Appearance. Compensation for court appearance by personnel covered by this Agreement shall be as follows: A. For each court appearance made by an employee during his or her off-duty time in regard to City business, three hours of overtime will be granted and paid on a straight time basis. If court appearances are made both in the morning and afternoon of a particular day, three hours will be allowed for each session attended. The employee must provide a copy of the subpoena requiring his or her attendance to initiate payroll 46 9.14 procedures. Such employee may not receive time off with pay as compensation for overtime accrued as a result of court appearances. B. A subpoenaed employee scheduled to appear in court on City business during off-duty time may be placed on standby status by the Fire Chief or his or her authorized representative. In the event such off-duty employee is on standby status during any court session and is not required to appear in court, such employee shall be compensated two hours overtime, paid on a straight time basis, for each court session. If such off-duty employee on standby actually appears in court, he or she shall be compensated only as provided in Subsection A, supra. Any employee on standby status who fails to appear in court ready to testify within 30 minutes after notification to appear shall not receive compensation for either standby or appearance. C. Notwithstanding Subsections A and B, supra, whenever an employee either commences or terminates his or her on-duty shift while he or she is appearing in court or is on standby status, his or her sole compensation for off-duty time spent in court or on standby shall be on a straight time basis in half-hour increments. D. The above provisions of this Section shall apply only to personnel exempted from coverage under the overtime provisions of the Fair Labor Standards Act (FLSA). Declaration of State of Emergency. Emergencies shall be governed by the provisions of Santa Ana Municipal Code Section 9-194. 47 10.1 ARTICLE X 10.0 HOLIDAYS Holidays - Regular Shift Employees. Full-time employees covered by this Agreement (including "safety-member" personnel) who work a regular 40-hour workweek, Monday through Friday, shall be entitled to receive the following days off during the calendar year as paid holidays: . January 1st - New Year's Day . Third Monday in January Luther King's Birthday In memory of Martin . Third Monday in February Presidents' Day In observance of . Last Monday in May - In commemoration of Memorial Day . July 4th - In observance of Independence Day · First Monday in September - In observance of Labor Day · November 11th - In observance of Veteran's Day . Fourth Thursday in November Thanksgiving Day In observance of · The Friday immediately following Thanksgiving Day . Last working day Christmas Day falls the day following in lieu thereof before Christmas Day, unless on Thursday, in which instance, Christmas Day shall be observed · December 25th - In observance of Christmas Day . One Floating Holiday - employee with prior employee's supervisor Any workday selected by the written permission of the · Every day proclaimed by the Mayor of the City as a holiday for City employees 48 10.2 10.3 10.4 10.5 Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. Holidays Special Shift Personnel, Uniformed. "Safety- member" personnel and civilian Paramedics assigned to the 24-hour shift schedule and Fire Services Dispatchers assigned to the 12-hour shift schedule will receive nine, 12-hour working days off during the calendar year as paid holidays in lieu of the holiday benefits specified in Section 10.1, above. Said employees required to work on a City observed "legal" holiday shall be paid at his or her straight time rate. Cash Option. All members covered by this Agreement shall be given an option, twice per calendar year, concurrent with the longevity vacation cash out option, to receive cash compensation computed on a straight time basis in lieu of all or part of their holiday leave benefits set forth in Section 10.2 above. Such option may be eliminated or modified at the discretion of the Fire Department or to the extent it is construed as overtime under Department of Labor guidelines implementing provisions of the Fair Labor Standards Act (FLSA) . A newly-appointed employee must actually work at least one day preceding the day a holiday listed in Section 10.1 above actually occurs in order to receive credit for such holiday during the month in which it occurs. An employee separating from service of the City must actually work at least one day following the day a holiday listed in Section 10.1, supra, actually occurs in order to receive compensation for the holiday. A newly-appointed employee must complete six months of continuous full-time service in order to receive credit for the Floating Holiday listed in Section 10.1 above. Holiday benefits may not be carried over from one calendar year to the next. 49 11.1 11.2 ARTICLE XI 11.0 VACATION Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule, and this purpose will be used as a guide in the administration of the provisions of this Article. Regular Vacation Period. A. All employees, except Fire Services Dispatchers, shall be granted regular vacation at the rate of 10 working days for each of his or her first and second completed year of service, accrued at the rate of six and two- thirds hours for each completed month of service. After completion of the second year of service, all such employees, except Fire Services Dispatchers, shall be granted regular vacation at the rate of 15 working days for each completed year of service, accrued at the rate of 10 working hours for each completed month of service. Fire Services Dispatchers assigned to the 12-hour shift schedule are granted regular vacation with pay for the first and second completed years of service at the rate of 10 working days for each completed year of service, which is accrued at the rate of six and two- thirds (6 2/3) hours per month for each completed month of service. After completion of the second year of service, Fire Services Dispatchers assigned to the 12-hour shift schedule are granted regular vacation with pay at the rate of 10 working days for each completed year of service, which is accrued at the rate of 10 hours per month for each completed month of service. All employees assigned to the 24 -hour shift schedule are granted regular vacation on the same basis as other full-time employees, except that their standard work unit is a working day of 12 hours. Therefore, such employees are granted regular vacation at an annual rate of 15, 12-hour working days, or seven and one-half, 24-hour work shifts. In those cases when an employee is transferred between the 24-hour shift schedule and the regular 40-hour workweek schedule, the employee's earned vacation, which is accrued in 50 hours, shall be working hours schedule. converted per day to agree with the number of in the currently assigned B. An employee who has completed less than one year's service during the calendar year shall receive a proportionate fraction in accordance with the amount of service to his or her credit during the year; provided, however, no employee shall be entitled to, or receive payment for, any vacation until he or she has completed six months of continuous service. C. On or after the first day of the month following completion of six months of continuous full-time service, an employee may be allowed to take all or a proportionate fraction of his or her earned vacation, subject to scheduling approval of the employee's supervisor. D. Personnel assigned to a regular 40-hour workweek may take vacation time off in increments as small as one hour, with fractional usage rounded upward to the next higher multiple of one. All employees assigned to the 24-hour shift schedule and Fire Services Dispatchers assigned to the 12-hour shift schedule may take vacation time off in increments as small as three hours, with fractional usage rounded upward to the next higher multiple of three. E. Computation of Regular Vacation. 1. In computing regular vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had he or she not been on vacation, shall be deducted from the computation so that one additional day of regular vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee be confined to a hospital for sickness or injury while on authorized vacation, each full day of such confinement, when confirmed by a physician's statement and approval of the Fire Chief, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 51 11. 3 2. No employee may carryover from one calendar year to the next more than the equivalent of two regular periods and two longevity vacation periods from the previous two years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 3. The time at which an employee shall take his or her vacation shall be determined by seniority within rank, with due regard for the needs of the Department. Longevity Vacation. A. Each permanent employee is granted additional work days of vacation leave with pay for each completed year of full-time, continuous City service as set forth in the following table. This additional vacation shall be designated longevity vacation. For uniformed, "safety-member" employees and civilian Paramedics assigned to the 24-hour shift schedule and Fire Services Dispatchers assigned to the 12-hour shift schedule, the working day granted is a 12-hour day. Hourly Equivalent of Additional Days Completed Years 40-Hour Week Employees 12 & 24-Hour Shift Employees 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4 8 12 16 20 24 28 32 36 40 48 56 64 72 80 6 12 18 24 30 36 42 48 54 60 72 84 96 108 120 B. No employee becomes until completion of longevity vacation year of continuous eligible for the sixth 52 11.4 service, and each employee continues to maximum of 10 working days (80 hours) of vacation for each completed year of service of 20 years. earn the longevity in excess C. A period of earlier service does not apply toward longevi ty vacation accumulation when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Santa Ana Municipal Code, or by reemployment from layoff within two years for all classes in this Agreement except Fire Engineer and Fire Captain in which case it is within four years. Leave of absence without pay, as provided in Article XII, Section 12.1E, (Sick Leave - Extended) and Article XII, Section 12.8 (Authorized Absence Without Pay--Long Term) herein, does not constitute a break in continuous service as used in this section; however, the leave of absence period shall not be applied toward the accumulation of longevity vacation. Absence on mili tary leave followed by reinstatement, as provided in Section 9-116 of the Santa Ana Municipal Code, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of longevity vacation. D. All members covered by this Agreement will be given an option, twice per calendar year, concurrent with the holiday cash out option, to receive cash compensation computed on a straight time basis in lieu of all or part of their longevity vacation leave benefits set forth in Subsection A above. Such option may be eliminated or modified discretion of the Department to the extent construed as overtime under Department of guidelines implementing provisions of the Fair Standards Act (FLSA). at the it is Labor Labor Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of 15 consecutive calendar days shall not be considered as service time for regular and longevity vacation accrual purposes. 53 12.1 ARTICLE XII 12.0 LEAVES OF ABSENCE (OTHER) Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness or injury that prevents the employee from performing the duties of his or her position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. All personnel in the classes of Firefighter, Fire Engineer and Fire Captain hired on or after the effective date of adoption of this Agreement, and all persons employed in those classes as of that date who have less than seven years of service with the City shall not be entitled to use sick leave during periods of absence due to industrial illness or injury or to extend any leave of absence due to industrial illness or injury which leave is compensable under Labor Code Section 4850; provided that when paid employees working for the City as of the date of the adoption of this Agreement having less than seven years of continuous service with the City do eventually complete more than seven years of continuous service with the City, they shall then be able to use such leave during such absences in the same manner and to the same extent as the persons employed as Firefighters, Fire Engineers and Fire Captains as of the date of adoption of this Agreement who have already completed seven years of continuous service with the City in one or more of those classes of employment. B. Accrual. Each employee shall be entitled to, and shall earn, one working day of sick leave for each full calendar month of service in which he or she is employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than 15 consecutive calendar days in anyone calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subj ect to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. Notwi thstanding the foregoing, an employee on leave of absence for service-connected illness or injury who is covered by the provisions of Labor Code Section 4850 shall continue to accumulate one day of sick leave for each full calendar month of 54 service for which he or full pay during said illness or injury. she is employed by the City with absence for service-connected C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: 1. Sick leave is at his or her in cases of disability or not a right which an employee may use discretion, but shall be allowed only necessity and actual sickness or as authorized in Subsection J below. 2. With respect to "miscellaneous-member" employees or others not covered by the provisions of Labor Code Section 4850 who are covered by this Agreement, when such an employee's absence is caused by an industrial illness or injury for which benefits are required to be provided under the State Workers' Compensation Insurance and Safety Act, paid sick leave shall be allowed to such employee beginning with the first full calendar day such employee is absent from duty for such reason, and shall continue until the first day when the employee is paid Workers' Compensation benefits by the City for such illness or injury, and if the total temporary disability continues the length of time required to pay him or her compensation for the first three days of disability, three days of sick leave deducted shall be reaccredited. If the employee has no accumulated sick leave at the commencement of such industrial illness or injury, sick leave shall be advanced for the foregoing purpose, and deduction equal to the amount thereof shall be made from any sick leave subsequently accrued by the employee until the total amount so advanced has been recovered. If the employment of any such employee who has had sick leave so advanced should be terminated prior to recovery of the amount of sick leave so advanced, the unrecovered cost thereof shall be deducted from such employee's final paycheck, to the extent possible. D. Limit. The maximum total accumulation of sick leave with pay available for use shall be 200 working days (1,600 hours for employees working an eight-hour day and 2,400 hours for employees working a twelve-hour day). Sick leave usage of less than a full day shall be charged in minimum increments of one hour, with fractional usage rounded upward to the next higher multiple of one. 55 Uniformed, "safety-member" personnel and civilian Paramedics assigned to the 24 hour shift schedule and Fire Services Dispatchers assigned to the 12 hour shift schedule, whose standard work unit is a 12 hour day, shall be charged sick leave at the rate of one day for each 12 hours absent. For such employees, the minimum sick leave increment of one-fourth day is three hours, with fractional usage rounded upward to the next higher multiple of three. In those cases when a uniformed, "safety-member" employee or civilian Paramedic is transferred between 24 hour shift and regular 40 hour shift schedules, the employee's earned sick leave, which is accrued in hours, shall be converted to agree with the number of working hours per day in the newly assigned schedule. E. Extended. The City Manager may grant in writing leave up to six months without pay to an employee who has exhausted all of his or her accrued sick leave if the City physician or a licensed physician designated by the City Manager indicates that the employee will be sufficiently recovered to return to his or her employment wi thin a six-month period. Prior to the expiration of the additional six-month period, the employee may return to his or her position, provided that the employee has a certificate from one of the above mentioned physicians stating that the employee is able to perform all the duties of his or her position without qualification. In addition to the above, the City Manager may grant in writing an extension of the original six-month period not to exceed a total of one year without pay. F. Extension by Use of Vacation. leave has been exhausted, he permission to take any earned have accrued. After an employee's sick or she may be granted vacation he or she may G. Notice. The employee taking sick leave shall notify his or her immediate supervisor not less than 60 minutes prior to the time he or she is scheduled to report for duty, or as otherwise established by departmental regulations. When the absence is more than three consecutive working days, or more than three consecutive scheduled shifts for uniformed, "safety-member" personnel and civilian Paramedics assigned to the 24 hour shift schedule, the employee must present to the 56 Fire Chief a physician's certificate stating the cause of illness and that, in the physician's opinion, the employee could not report to work because of such illness or injury and that the employee is sufficiently recovered to safely return to work. Such certificate shall be transmitted to the chief personnel officer with the report of the employee's return to work. A physician's certificate or other satisfactory written evidence of actual illness or injury may be required after an absence of any duration less than three days, or less than three scheduled shifts for uniformed, "safety-member" personnel assigned to the 24 hour shift schedule. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct; or, sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation. I. Excess Usage. If sick leave is used in excess of that due and available an employee, such excess sick leave will, first, be deducted from any available compensatory time off benefit; second, from any available vacation leave benefit; finally, deducted from the next scheduled wage or salary payment. J. Personal Necessity Leave. Each employee shall be afforded the opportunity to use sick leave benefits up to six days (48 hours for 40 hour workweek employees and 72 hours for Fire Services Dispatchers assigned to the 12 hour work shift schedule) or six, 24 hour shifts (144 hours) for uniformed, "safety-member" personnel and civilian Paramedics assigned to the 24 hour shift schedule, per calendar year (on a non-cumulative basis) to attend to an illness of a child, parent, or spouse of the employee. As used in this section: 1. "Child" means a biological, a stepchild, a legal ward, standing in loco parentis; foster, or adopted child, or a child of a person 2. "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian. Of the above, 48, 72, and 144 hours, respectively, defined each employee shall be afforded the opportunity 57 to use up to three days (24 hours for 40 hour workweek employees and 36 hours for Fire Services Dispatchers assigned to the 12 hour work shift schedule) or three, 24 hour shifts (72 hours) for uniformed, "safety-member" personnel and civilian Paramedics assigned to the 24 hour shift schedule, per calendar year (on a non- cumulative basis) for "personal necessity leave", which circumstances shall be limited to serious accidents involving members of the employee's immediate family, childbirth, medical or dental appointments for members of the employee's household, imminent danger to the employee's home or other valuable property, or the existence of external circumstances beyond the employee's control making it impractical for him or her to report to duty. K. Payment for Unused Sick Leave. 1. Upon nondisciplinary termination of employment after 10 years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one-third of the total sick leave benefit credited to his or her account upon the effective date of such retirement or termination, not to exceed a maximum limit of 427 hours for employees working an eight-hour schedule or 640 hours for employees working a twelve-hour schedule, at the rate of pay effective on the date of such retirement or termination. At the employee's election, payment of unused sick leave may be received in either a lump sum of money, or in equal monthly payments for a period of up to five years. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third of the total sick leave benefit credited to the employee' s account at the time of his or her death, and at the rate of pay effective on the date of death. 2. After 20 years of cumulative full time service with the City (except for disciplinary termination), each qualified employee shall be entitled to payment for one-half (1/2) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 640 hours for employees working an eight- hour schedule or 960 hours for employees working a 58 12.2 12.3 twelve-hour schedule, at the rate of pay effective on the date of such termination. 3. After 25 years of cumulative full time service with the City (except for disciplinary termination), each qualified employee shall be entitled to payment for two-thirds (2/3) of the total sick leave benefit credited to his or her account upon the effective date of such termination, not to exceed a maximum limit of 853 hours for employees working an eight- hour schedule or 1,280 hours for employees working a twelve-hour schedule, at the rate of pay effective on the date of such termination. Bereavement Leave. An employee shall be granted up to four days leave without loss of pay in case of the death of a member of the employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: A. Any relative by blood or marriage who is a member of the employee's household; B. A parent, spouse, child, or grandchild of the residence; brother, sister, grandparent employee, regardless of C. Any other relati ve of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if he or she furnishes the chief personnel officer satisfactory proof of his or her order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, he or she will be reinstated as provided by Ordinance 2232 of the City of Santa Ana Municipal Code. B. Temporary. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the California Military and Veterans Code, will be granted leave with pay not to exceed 30 calendar days in each calendar year after one year's service 59 12.4 12.5 12.6 12.7 12.8 with the City upon presenting satisfactory proof of orders to and from such temporary active duty. Jury and Witness Leave. When an on-duty employee is called to serve as a juror or non-party witness in any court action, he or she shall be allowed to leave for the time actually required for such service without loss of pay. Each on-duty employee called for such service shall present to the Fire Chief for examination the subpoena calling him or her to such and shall pay into the City treasury the fees collected for such service, with the exception of reimbursement for transportation expenses, if any. Examination Leave. Employees participating in examinations conducted during their normal working hours for positions in the competitive service of the City of Santa Ana will be granted leave with pay for the time actually required, without loss of any accrued vacation or compensatory time off benefits. Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five consecuti ve working days shall be deemed a resignation from service; provided, however, if upon return to duty the person so absenting himself makes an explanation satisfactory to the Fire Chief of the cause of his absence, the Fire Chief may restore him to his position, with the City Manager's written approval. Authorized Absence Without Pay Short Term. Absence without pay not to exceed five consecutive working days, may be authorized in writing by the Fire Chief. Absence without pay not to exceed 15 calendar days may be authorized in writing by the Department with the written approval of the Ci ty Manager. Such an absence may be authorized only if in the judgment of the Fire Chief it serves the best interest of the Fire Department. Authorized Absence Without Pay - Long Term. Upon receipt of a written request from an employee having permanent status, plus action by the Fire Chief recommending approval of the request, the City Manager may authorize a leave of absence without pay for up to six months. An employee returning to duty with the City shall inform the Fire Chief and chief personnel officer of his or her intention at least 30 calendar days prior to the expiration of the six-month period (or shorter period if the full six months is not taken). Upon receipt of such 60 notice, the Fire Chief will take steps necessary to restore the employee to his or her former position. In addition to the above, the City Manager may authorize a further extension not to exceed a total of one year leave of absence without pay. An employee who plans to take a leave without pay must gi ve a reasonable notice before the date he or she will take the leave and the estimated duration of the leave. Health and welfare insurance coverage will be continued only if the employee pays a cash premium to continue coverage while on a leave of absence without payor is covered under the Family Medical Leave Act (FMLA) or California Family Rights Act (CFRA) provisions. 12.9 Industrial Leave. A. Each "safety-member" employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of an illness or injury covered by the State of California Workers' Compensation Insurance and Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. B. Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation shall not be considered a break in continuous service for the purpose of his or her right to salary adjustments or to the accrual of vacation and seniority. 12.10 Catastrophic Leave Donation. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic non-industrial medical condition or injury, the City and Association implement the following Catastrophic Leave Donation Procedure. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinances of the City of Santa Ana or other provisions of this Agreement with regard to granting unpaid leaves of absence. 61 A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for both the donor and recipient. 1. Employees may donate vacation or compensatory time or one in-lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two-week period to submi t donations. Donations received after this two-week period shall not be processed. The two- week period for each case shall be designated by the Fire Chief or his or her designee as provided below. 3. For employees who work a 24 hour tour-of-duty, the donations shall be for a minimum of three hours and a maximum of 12 hours per donor. All donations must be made in three-hour increments, except in lieu holidays must be for 12 hours. 4. For employees who work a 40 hour donations shall be for a minimum of maximum of eight hours per donor. must be made in two-hour increments, holidays must be for eight hours. work week, the two hours and a All donations except in lieu 5. Any authorization of donations not made in accordance with the procedures outlined in Section C, subparagraph 2 below, will not be processed. 6. All donations shall be irrevocable. 7. In the event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Article XII, Section 12.1. B. Eligibility. Regular, full-time eligible for catastrophic leave following criteria are met: employees donations shall if be the 1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave, compensatory time, vacation, and in lieu holidays will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 62 2. The Fire Chief, or his designee, has approved a written request for donations accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and must include a brief statement of the nature of the illness or injury and an estimate of the time the employee will be unable to work. C. Procedure. 1. Upon receipt of a valid request for donations from an eligible employee, the Fire Chief or his designee shall post a notice of the eligible employee's need for donations on bulletin boards accessible to employees throughout the City. No confidential medical information shall be included in the posted notice. 2. Employees wishing to donate time to an eligible employee must sign his or her authorization of the transfer of such donated time and provide: a. His or her name, social security department name, payroll and budget number; number, account b. The number of hours of compensatory or vacation time of the donation within the limitations of Section A, subparagraph 3 and 4 above; c. The name, department and class title of the recipient. d. A statement understands irrevocable. indicating that such donation of the donor time is 3. At the close of the two-week donation period, the department shall verify that each donating employee has accrued vacation and/or compensatory time balances sufficient to cover the designated donation. 4. The Fire Department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who 63 exhaust all donated hours donation period subject Section A, herein. may request an additional to the provisions of 5 . The City shall recipient's sick add the donated leave account. time to the 6. For those current employees wi th unused catastrophic leave on the books, the City agrees to convert said unused catastrophic leave to sick leave for use in accordance with the provisions of Article XII, Section 12.1A through 12.1K, above. 64 ARTICLE XIII 13.0 RELEASE TIME FOR ASSOCIATION BUSINESS 13.1 The City shall provide 40 paid, 24 hour shifts per year on a non-cumulative basis, for Association officers to utilize at their discretion in connection with the conduct of Association affairs, insofar as such discretionary utilization of paid time off does not, at any time, interfere with the operation of the Fire Department in emergency situations. Fifteen (15) of these 24 hour shifts shall be utilized without replacing those employees absent due to Association business. 65 14.1 14.2 14.3 ARTICLE XIV 14.0 INSURANCE (EMPLOYEE) Health Insurance. The City shall contribute toward the payment of premiums for affected employees and their dependents under the CalPERS Health Program. Effective January 1, 2005, January 1, 2006, January 1, 2007, and January 1, 2008, respectively, the City shall contribute toward medical premiums an amount consistent with the rates then in effect for the "employee-only", "employee plus one", and "family" tiers, respectively, of the Kaiser California CalPERS HMO plan. For each such employee who is covered under a spouse's non-City sponsored health plan, the City will pay the employee a cash payment each month in an amount equal to 50% of the monthly premium amount for the City's lowest "employee-only" coverage, if said employee waives, in writing, City-paid coverage. Any contribution necessary to maintain benefits under any health insurance program provided by the City for its employees and their eligible dependents in excess of the amounts of the City contributions specified above shall be borne entirely by the employee. Reopener. During the Association agree to from other health rates. term of this Agreement, the City and reopen this Article to solicit bids insurance providers and to discuss Dental Insurance. During the term of this Agreement, the City will contribute the following amounts for each affected employee enrolled in dental insurance plans provided by the City for its bargaining unit members and their eligible dependents: Effective 7-1-04 - 12-31-05 up to $740/month per employee Effective 1-1-06 - 12-31-06 up to $80/month per employee Effective 1-1-07 the City and Association agree to reopen this provision of the Agreement to discuss rates. Any contribution necessary to maintain benefits under said dental plans in excess of the amount set forth above shall be borne entirely by the employee. Long Term Disability (L.T.D.) Insurance. Effective January 1, 2006, the City shall contribute up to a maximum of $35 per month per employee toward the payment of 66 14.4 14.5 14.6 premiums for employees covered existing long term disability Association for its members. by this Agreement under plans provided by the Any contribution necessary to maintain benefits under such long term disability insurance plan provided by the Association for its members in excess of the amount set forth above shall be borne entirely by the employee. Life Insurance. The City shall maintain in effect for the term of this Agreement a life insurance plan covering employees covered by this Agreement with a term life insurance coverage in the amount of $20,000 plus $20,000 Accidental Death and Dismemberment (AD&D) coverage at no cost to the employee. The City shall retain the right to change health, dental and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self -insurance plan during the term of this Agreement, provided that employees covered by this Agreement continue to receive the same or equivalent benefits. Retiree Health Insurance. Effective October 1, 2004 the City shall contribute an amount equal to one percent (1%) of the bargaining unit's current salary base, including assignment pays, to a fund, for the purpose of providing retiree health insurance premium reduction assistance. Effective October 1, 2005 and October 1, 2006, respectively, the City shall contribute one and three quarter percent (1.75 %) of the bargaining unit's salary base, including assignment pays to the fund. This program is for premium reduction only and is provided for bargaining unit employees retiring after July 1, 1989. Effective July 1, 2007, the City and Association agree to reopen this provision of the Agreement to discuss the status of the fund. The Association agrees to a loan of $700,000 from Fund 84 (Fire Retirement Health Benefits Fund) to Fund 11 (General Fund), effective November 1, 1996. The loan is to be for an indefinite term at an annual interest rate of 5.65%, and will be repaid when necessary, based on the fiscal condition of the Fire Retirement Benefit Health Fund. The City shall provide the Association an annual report on the status of Fund 84 and the status of the loan from Fund 84. The City and Association agree to form a joint labor- management committee for the purpose of formulating a plan 67 14.7 14.8 by which the Association will take over the administration of this fund during the term of this Agreement. Once the Association accepts responsibility for the administration of the plan, the FBA will provide an independent actuarial valuation to the City on an annual basis. Vision Insurance. Effective as soon as practicable, the City agrees to implement, through payroll deduction, a non-participatory vision care plan through Eye Med. This plan is voluntary on behalf of the employee and shall be fully funded by the participating employee. Employees on unpaid leave of more than 15 calendar days shall not receive the City's contribution toward any insurance coverage. The Personnel Department will notify the Association of all employees on unpaid leave or who separate from City employment within three (3) working days. The City will continue the payment of contribution for insurance coverage until the end of the month in which the Association had received notice from the City of the employee's separation from employment. 68 15.1 15.2 15.3 15.4 ARTICLE XV 15.0 RETIREMENT General. The City shall continue to make contributions to CalPERS in accordance with its contract with CalPERS for employees covered by said contract. Deferred Retirement. The City will continue to make payment to CalPERS on behalf of each affected employee covered by this Agreement in an amount equal to 100% of each employee's individual retirement contribution. Such payments shall be credited to the individual employee's CalPERS account. Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this Agreement shall be changed or deemed to have been changed by reason thereof. As a resul t, the City will not treat these payments as ordinary income and, thus will not withhold federal or state income tax from said payments. The City has received an opinion or ruling from the Internal Revenue Service confirming that these payments are deferred compensation, not ordinary income. In the event that the City receives a subsequent ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each affected employee shall forthwith be increased by 18 salary rate ranges (approximately 9%) for "safety-member" employees covered under the "3% at Age 50" CalPERS formula and 14 salary rate ranges (approximately 7%) for all other affected employees covered by this Agreement. For the purpose of reporting an employee's compensation to CaIPERS, the City shall include these retirement payments as if they were a part of the employee's base salary. 2% at 55 designated Association benefit. for CalPERS "Miscellaneous" Members. CalPERS "miscellaneous" employees represented by the shall be covered by the 2% at 55 retirement 3% at 50 Service Retirement Benefit for Safety Members. The City agrees to amend its contract with CalPERS to provide Safety employees represented by this bargaining unit with the 3% at 50 Service Retirement benefit, effective July 1, 2001. 69 15.5 Payment of 3% at 50 Service Retirement Benefit. The actual cost for the benefit shall be determined upon receipt of the annual actuarial valuation setting forth employer rates for the 2001-02 fiscal year and every subsequent year thereafter. In order to provide this benefit to its current safety members, the City and Association agree that eligible employees will pay 50% of the total additional normal cost to provide this benefit, not to exceed .93% of safety payroll. 15.6 15.6 Yearly Actuarial Valuation Fluctuations. CalPERS provides the City with a yearly actuarial valuation informing it of its new employer contribution rate to be in effect July 1st of each year. The City and Association agree that the City's employer contribution rate will fluctuate from year to year based on the investment returns earned by the retirement system. The City agrees that current eligible safety employees paying to receive this benefit should also benefit from this yearly fluctuation in the City's annual actuarial valuation. As such, current eligible Safety employees will contribute 50% of any yearly City employer contribution rate to a maximum of .93% during the term of this Agreement. 15.7 CalPERS Pre-Retirement Optional Settlement 2 Death Benefit. Effective July 5, 2000, the City will provide the CalPERS Pre-Retirement Optional Settlement 2 Death Benefit to all eligible employees in this bargaining unit. 15.8 Uniform Reporting Allowance. The CalPERS reporting allowance shall be $20 per month per eligible member. 15.9 CalPERS Fourth Level of 1959 Survivors Benefits. Effective December 7, 2002, the City will provide CalPERS fourth level of 1959 Survivor Benefits to all eligible employees in this bargaining unit. 15.10 Retirement Reopener. If, during the term of this Agreement, CalPERS adopts a new retirement formula or modifies an existing formula for either safety or miscellaneous members, the City and Association agree to reopen this provision of the Agreement. Additionally, the City and Association agree to discuss the feasibility of and costs associated with converting civilian paramedic service time from a 2% at 55 formula to 3% at 50 formula. 70 16.1 16.2 ARTICLE XVI 16.0 DISCIPLINE Any permanent employee covered by this Agreement may only be disciplined in accordance with the standards and procedures and subject to all rights of appeal set forth in Santa Ana Municipal Code Sections 9-9, 9-10, and 9-118 to 9-118.7. Any probationary employee covered by this Agreement may be disciplined in accordance with the standards and procedures set forth in Santa Ana Municipal Code Sections 9-90 to 9-94 and subject to review in accordance wi th the grievance review procedure contained in this Agreement. In addition, a new section shall be added to the Municipal Code to provide as follows: A. In the event an employee is ordered to absent himself from the job based on probable cause, and it is subsequently determined by the Fire Chief, the City Manager, Personnel Board or a court of competent jurisdiction that cause did not exist for the ordered absence, the employee shall have restored to him any paid leaves of absence against which such absence may have been charged; and he shall be granted a retroacti ve leave of absence with pay for the time during which he was prohibited from performing the duties of his position, less any compensation paid to him by the City during such ordered absence. B. In the event an employee is reduced in rank, suspended, and/or discharged, and upon appeal, the City Manager, Personnel Board or a court of competent jurisdiction does not sustain such reduction in rank, suspension, and/or discharge, the employee shall be entitled to his or her base rate of salary including all additives, vacation, and sick leave as if such unsustained reduction in rank, suspension, or discharge had not been invoked. However, in no event shall an employee be entitled to any salary or credit for vacation and sick leave for any period of time covered by a suspension sustained on appeal or for any period of time waived by the employee as a condition to the granting of a continuance of any hearing on appeal. C. If, during an absence for which an employee is paid pursuant to this Section, he earned any money which he would not have earned had he continued to perform 71 the duties of his position, such deducted from the salary otherwise pursuant to this Section. 72 sum shall payable to be him 17.1 17.2 17.3 ARTICLE XVII 17.0 GRIEVANCE REVIEW PROCEDURE Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Association concerning the interpretation or application of specific provisions of this Agreement, or of the rules and regulations governing personnel practices or working conditions of the City, except, however, those matters specifically assigned to the jurisdiction of the City Personnel Board by those provisions of the City Charter and Chapter 9 of the Santa Ana Municipal Code. No employee shall suffer any reprisal filing or processing of a grievance or the Grievance Review Procedure. because of the participation in Informal Process. A. An employee must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case beyond a period of 21 calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision. C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within five working days, a mutually acceptable solution has not been reached at the informal level, the employee shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to his or her immediate supervisor. Should the grievant fail to file a written grievance, and in the manner specified above, within 21 calendar days after first discussing the grievance with the employee's immediate supervisor, the grievance shall be barred and waived. Formal Process A. If a grievance process, and a is not resolved through the informal written grievance is filed within the 73 time limits set forth above, the grievant's immediate supervisor shall add his or her comments and any justification he or she considers proper, sign it, and forward it to his or her Battalion Chief without undue delay or, in no case, more than 21 calendar days from receipt of the grievance. B. The Battalion Chief, after study of the case, shall attach his or her decision and reasons therefore, and return them to the employee within 21 calendar days after receipt of the written grievance. C. If no satisfactory settlement has been reached at the Battalion Chief level, the employee may, within 21 calendar days after receipt of the Battalion Chief's decision and reason(s) therefore, carry the matter to the Deputy Fire Chief. To do so, the employee shall describe on separate correspondence, the reason why he or she is not satisfied, and shall submit this, with the original form through his or her immediate supervisor and Battalion Chief to the Deputy Fire Chief. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Battalion Chief's response. D. The Deputy Fire Chief, after study of the case, shall attach his or her decision and reasons therefore and return it to the employee within 21 calendar days of the time of the receipt of the written grievance. E. If no satisfactory settlement has been reached at the Deputy Fire Chief level, the grievant may, within 21 calendar days after the grievant's case has been presented to the Deputy Fire Chief, carry the matter to the Fire Chief. To do so, the employee shall describe on separate correspondence the reason why he or she is not satisfied and shall forward it with the original form, through channels, to the Fire Chief. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Deputy Fire Chief's response. F. If the grievant files a written grievance to the Fire Chief in the manner and within the time limits specified in "E" above, then a conference shall be held at the request of the employee or the Fire Chief. 74 G. The Fire Chief shall inform the employee of his action within 21 calendar days after receipt of the request for resolution. The original of the grievance form and the Chief's decision shall be filed in the personnel records in City Hall as well as those of the Department. H. If no satisfactory resolution has been reached at the departmental level, the employee may, within 21 calendar days after being informed by the Fire Chief of his or her decision on the matter, and the reasons thereof, submit the grievance in writing to the City Manager, or the Ci ty Manager's duly authori zed representative, for determination. Failure of the grievant to take this action will constitute a waiver and bar to the grievance, and the grievance will be considered settled on the basis of the Fire Chief's response. The City Manager, or the City Manager's duly authorized representative, after a careful review, shall render a final decision on the merits of the grievance, in writing, and return it to the grievant within 21 calendar days after receiving the grievance. A copy of the written grievance to the City Manager or the City Manager's duly authorized representative, and of the City Manager's or the City Manager's representative's written decision, shall be filed in the personnel records of the Department and the grievant's personnel jacket maintained in the Personnel Services Department. Note: In the case of an alleged illegal discrimination and/or harassment at any level of grievance, the required time to respond to a grievance by the City shall be adjusted by the City to include the time required to conduct an internal review, but not to exceed six months. I. In unusual circumstances, an employee may petition the Fire Chief directly to hear said grievance. The Fire Chief reserves the discretion to determine whether the normal process shall be waived. J. After the procedure set exhausted, the grievant, shall have all rights grievance under the law. forth in this Article has the Association, and the and remedies to pursue been City said 75 18.1 18.2 ARTICLE XVIII 18.0 DUES DEDUCTION & INDEMNIFICATION Dues Deduction. The City shall deduct dues, on a regular basis, from the pay of all employees recognized to be represented by the Association, who voluntarily authorize such deduction, in writing, on a form to be provided for this purpose by the City. The City shall remit such funds to the Association within 30 days following their deduction. Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of action, or lawsuits instituted by a member or members of the Association arising out of the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit, to the Association, monies deducted from the employees pursuant to this Article. 76 19.1 ARTICLE XIX 19.0 CITY RIGHTS The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include but not be limited to the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the existence or nonexistence of facts which are the basis of the Management decision. C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services. D. To determine technology, and the public. the nature, manner, means, and extent of services to be provided to E. To determine methods of financing. F. To determine types of equipment or technology to be used. G. To determine and/or change the facilities, technology, means, and size of the work force the City operations are to be conducted. methods, by which H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. J. To relieve employees from similar nondisciplinary duties for lack of work or reasons, subject to the 77 19.2 provisions of the City Charter, Santa Ana Municipal Code, federal and state law and this Agreement. K. To establish and modify productivity and performance programs and standards. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote nondisciplinary reasons in Agreement. for this and demote employees accordance with o. To determine policies, procedures, selection, training and promotion of for and standards employees. P. To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. Q. To maintain order and efficiency in its facilities and operations. R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. S. To take any and all necessary action to carry out the mission of the City in emergencies. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. 78 20.1 20.2 ARTICLE XX 20.0 STRIKES & WORK STOPPAGES Prohibited Conduct. A. The Association, its officers, agents, representatives, and/or members agree that during the term of this Agreement, they will not cause or condone any unlawful strike, walkout, slowdown, sick-out, or any other unlawful job action by withholding or refusing to perform services. B. Any employee who participates in any conduct prohibited in Subsection A above shall be subj ect to suspension, demotion or dismissal by the appointing authority. C. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Section 20.2, Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including, but not limited to, suspension of the Grievance Review Procedure and dues deduction. Association Responsibility. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Subsection A, Section 20.1 above of this Article, Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in the conduct prohibited in said Subsection A, Section 20.1, and return to work. 79 21.1 ARTICLE XXI 21.0 LAYOFFS The City shall follow and adhere to Santa Ana Municipal Code Section 9-119 regarding layoffs. Reemployment lists for the classifications of Fire Engineer and Fire Captain, developed as a result of layoffs, will remain active for four years from the date of layoff. 80 22.1 22.2 22.3 22.4 22.5 22.6 ARTICLE XXII 22.0 MISCELLANEOUS PROVISIONS Station Selection. Staffing vacancies that develop due to new positions, promotions, demotions, separations, and other long-term absences will be filled by an equitable bidding policy based on seniority in rank. Said policy will be outlined in the Manual of Operations and will be administered by the Deputy Chief of Operations. However, the Fire Department shall retain the authority to assign personnel for proper administration and efficiency. A. For the duration of this contract, all suppression vacancies on the floor shall be filled by seniority in rank basis only. B. The Department-wide bid system shall remain in effect for the duration of this Agreement. Preventive Medicine Program. The City shall continue to maintain a comprehensive preventive medicine program for all employees covered by this Agreement, who, during the course and scope of their employment, are exposed to communicable diseases, with the City to pay all necessary expenses in connection with such program. The City reserves the right to determine which medical facility or facilities will be used for any such program. Credit Union Deduction. The City shall permit an employee covered by this Agreement to have a deduction made from his or her payroll check for the Santa Ana Federal Employee's Credit Union provided that the employee executes a written authorization on the payroll deduction form provided by the City. Meals. The City shall continue to require that all affected "safety-member" personnel assigned to the 24-hour shift schedule eat all on-duty meals together. Residency. Effective as soon as practicable following the execution of this Agreement, the City shall perform any and all acts that are necessary so as to remove all limitations upon where employees covered by this Agreement may reside. Outside Employment. The City's outside employment policy shall be satisfied by employees completing an application form once a year in the month of July or upon change of 81 22.7 22.8 22.9 22.10 outside employment, and for new or existing employees prior to engaging in outside employment. Safety. The City and the employees covered by this Agreement agree to comply with all applicable federal, state and local laws, and administrative regulations, including those of the City, which relate to health and safety. Physicals. The City shall provide an annual physical examination to each sworn member of this unit. The City and Association have met to mutually define the specific components for said mandatory physical exam. As a part of this program, the Association agrees to its members' participation in a mandatory, non-punitive physical fitness program. The specifics of this program are contained in a document entitled "Santa Ana Fire Department's Physical Fitness Program". Minority Hiring. The City and Association shall form a joint labor-management team for the purpose of exploring outreach methodologies in an effort to attract a diverse applicant pool. Representation. National Labor employee shall choice when investigatory action. Pursuant to the provisions of the Relations Board vs. Weingarten, an be accorded representation of his or her he or she reasonably believes an interview could lead to disciplinary 82 23.1 23.2 ARTICLE XXIII 23.0 SOLE & ENTIRE AGREEMENT It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrati ve codes, provisions of the City, oral and written, expressed or implied between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law or the City Charter. The City will continue to administer its employee relations and its personnel policies and procedures in accordance with duly adopted ordinances and resolutions, and the affected employees will continue to be governed thereby during the term of this Agreement. 83 ARTICLE XXIV 24.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT 24.1 During the term of this Agreement, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by the Agreement or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Agreement. 84 25.1 ARTICLE XXV 25.0 SEPARABILITY PROVISION Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 85 26.1 ARTICLE XXVI 26.0 TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2004 through June 30, 2008. If this Agreement is not replaced by a new Agreement between the City of Santa Ana and the SAFBA before June 30, 2008, then it is agreed that all provisions of this MOD will remain in place until a mutual agreement is reached on a new MOD. 86 ARTICLE XXVII 27.0 RATIFICATION & EXECUTION 27.1 The City and the Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and the Association and entered into this 20th day of December, 2004. Dated: CITY OF SANTA municipal cor the State of~~rnia B~ By,:::Ri2~a~ Dated: Dated: ~\ t.t\cl By: ~S. t\s'~ EMPLOYEE RELATIO MANAGER PERSONNEL SERVICES ATTEST: .)" " H- /7 /!:. --f::...n U'<~~~-=<-/ .... ~ 11 CLERK OF THE COUNCIL V APPROVED FORM: 87 This Agreement has been ratified by the membership of the Santa Ana Firemen's Benevolent Association. Dated: y !t~~ c ~o'J()':; I I 88 FBA EXHIBIT A BASIC SALARY AND WAGE SCHEDULE The City's Basic Salary and Wage Schedule provides for a number of ranges of pay rates (salary rate ranges), each comprised of five or six steps or rates. The salary rate ranges are identified by a three-digit number and the steps by the letters AA, and A to E inclusive. For FBA, the purpose of each step and the length of service required for advancement within the rate range are summarized as follows: PURPOSE, AA Step - B Step - C Step - D Step - E Step - Normal beginning pay rate classifications. Normal beginning classifications. Automatic Increase classifications. Automatic Increase. Automatic Increase. classes. Automatic Increase. Merit Rate. for non-sworn (CalPERS Mi scellaneous) A Step- pay rate for sworn (CalPERS Safety) for nOTI-sworn ( CalPERS Miscellaneous) Also optional hiring rate. May also be maximum hiring rate for certain Maximum hiring rate. REQUIRED LENGTH OF SERVICE, AA to A - After 6 months! completed service in the next lower step. A to B - After one year's completed service for non-sworn (CalPERS Miscellaneous) and 6 months' completed service for sworn (CalPERS Safety) classifications. B to C - After one year's completed service. C to D - After one year's completed service. D to E - After 18 months' completed service. In the following salary schedule matrix, each salary range is identified by a three-digit number. The first two digits are listed in the first vertical column on the left and the third digit is listed horizontally across the top and identifies the appropriate column. This three-digit range number locates the "AAll and "A" Step of the range, depending upon if the classification has been assigned 5 or 6 steps. Steps "A" (if applicable), "B," lie," "D, II and l1E" are found in the column directly below llAA" or "All Step. For example, for a sworn (CalPERS Safety) classification assigned to a five step range, "A" Step of Range No. 401 is found to be $1476 by moving down the left column (Range No.) to the number 40 (the first two digits of the Range No.), then horizontally to column 1 (the third digit of the Range No.). The HAil Step of $1476 has the remaining steps shown directly beneath itj thus the full, five step range is 1476-1549-1627-1708-1793. In the same manner, for a non-sworn (CalPERS Miscellaneous) classification assigned to a six step range, Range No. 455 is found to be 1921-2017-2118-2223-2334-2451. SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 40 1469 1476 1483 1491 1498 1506 1513 1521 1528 1536 41 1542 1549 1557 1565 1573 1580 1588 1596 1604 1612 42 1619 1627 1635 1643 1651 1659 1668 1676 1684 1693 43 1700 1708 1717 1725 1734 1742 1751 1760 1769 1778 44 1785 1793 1802 1811 1820 1830 1839 1848 1857 1866 45 1874 1883 1892 1902 1911 1921 1930 1940 1950 1960 46 1968 1977 1987 1997 2007 2017 2027 2037 2048 2058 47 2066 2076 2086 2097 2107 2118 2128 2139 2150 2160 89 48 2169 2179 2190 2201 2212 2223 2234 2246 2257 2268 49 2277 2288 2299 2311 2322 2334 2346 2357 2369 2381 50 2391 2402 2414 2427 2439 2451 2463 2475 2488 2500 51 2511 2523 2536 2548 2561 2574 2587 2600 2613 2626 52 2637 2650 2663 2676 2690 2703 2717 2730 2744 2758 53 2769 2782 2796 2810 2824 2838 2853 2867 2881 2896 54 2907 2921 2936 2950 2965 2980 2995 3010 3025 3040 55 3052 3067 3082 3098 3113 3129 3144 3160 3176 3192 56 3205 3221 3237 3253 3269 3285 3302 3318 3335 3352 57 3365 3381 3398 3415 3432 3449 3467 3484 3501 3519 58 3533 3550 3568 3586 3604 3622 3640 3658 3676 3695 59 3710 3728 3747 3765 3784 3803 3822 3841 3861 3880 60 3896 3915 3935 3954 3974 3994 4014 4034 4054 4074 61 4091 4111 4132 4152 4173 4194 4215 4236 4257 4278 62 4296 4317 4339 4360 4382 4404 4426 4448 4470 4493 63 4511 4533 4556 4579 4601 4624 4648 4671 4694 4718 64 4741 4764 4787 4810 4834 4858 4882 4906 4930 4954 65 4978 5002 5026 5051 5076 5101 5126 5151 5176 5201 66 5226 5252 5278 5304 5330 5356 5382 5408 5434 5461 67 5488 5515 5542 5569 5596 5623 5650 5678 5706 5734 68 5762 5790 5818 5847 5876 5905 5934 5963 5992 6021 69 6050 6080 6110 6140 6170 6200 6230 6260 6291 6322 70 6353 6384 6415 6446 6478 6510 6542 6574 6606 6638 71 6670 6702 6735 6768 6801 6835 6869 6903 6937 6971 72 7005 7039 7073 7107 7141 7176 7211 7247 7283 7319 73 7355 7391 7427 7463 7499 7535 7571 7609 7647 7685 74 7723 7761 7799 7837 7875 7913 7951 7989 8029 8069 75 8109 8149 8189 8229 8269 8309 8349 8389 8431 8473 76 8515 8557 8599 8641 8683 8725 8767 8809 8853 8897 77 8941 8985 9029 9073 9117 9161 9205 9250 9296 9342 78 9388 9434 9482 9529 9577 9625 9673 9721 9770 9819 79 9857 9906 9955 10005 10055 10105 10156 10207 10258 10309 80 10350 10401 10453 10506 10558 10611 10664 10717 10771 10825 81 10868 10922 10976 11031 11086 11142 11198 11254 11310 11366 82 11411 11468 11525 11583 11640 11699 11757 11816 11875 11934 83 11982 12041 12102 12162 12223 12284 12345 12407 12469 12532 84 12581 12643 12707 12770 12834 12898 12963 13 02 7 13093 13158 90 EXHIBIT B ASSIGNMENT OF CLASSES REPRESENTED BY THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION TO SALARY RATE RANGES FOR THE 48-MONTH PERIOD JULY 1, 2004 THROUGH JUNE 30, 2008 SALARY RATE RANGES EFFECTIVE 7-1-04: CLASS TITLES RANGE NO. MIN - MAX Ca1PERS "SAFETY MEMBER" CLASSES Firefighter (Probationary) Firefighter Fire Engineer Fire Captain Ca1PERS "MISCELLANEOUS MEMBER" CLASSES Fire Alarm & Maintenance Leader Fire Alarm & Maintenance Technician Fire Education Specialist I Fire Education Specialist II Fire Safety Analyst Fire Safety Assistant Fire Safety Specialist I Fire Safety Specialist II Fire Safety Specialist III Fire Services Dispatcher Paramedic (Civilian) 573 626 646 677 $3415-4152 $4426-5382 $4882-5934 $5678-6903 615 595 581 601 642 551 581 601 621 606 606 $4194-5356 $3803-4858 $3550-4533 $3915-5002 $4787-6110 $3067-3915 $3550-4533 $3915-5002 $4317-5515 $4014-5126 $4014-5126 NOTE: A two-step salary rate range for Probationary Firefighters is set at a level fifty-three (53) salary rate ranges below the salary range assigned to the Firefighter classification. Upon successful completion of the probationary period, such employees are automatically advanced to Step B of the Firefighter salary rate range. Salary rate ranges for 2006-07 and 2007-08, respectively, will be established based upon an Orange County salary survey of the top step Captain rank as defined in Article IV, (Salaries), Section 4.3. 91