HomeMy WebLinkAbout25A - MOU FIREMENS' BENEVOLENT ASSOCREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 29, 2009
TITLE:
AGREEMENT WITH THE FIREMEN' S
BENEVOLENT ASSOCIATION
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1St Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute an agreement with the Firemen's Benevolent
Association regarding wages and other terms and conditions of employment.
DISCUSSION
The City and the Firemen's Benevolent Association (FBA) recently completed
contract negotiations resulting in a two-year contract extension to the
2008-09 and 2009-10 amended Memorandum of Understanding. This extension
period covers July 1, 2010 through June 30, 2012.
The provisions of this extended agreement are as follows:
1) Salary: July 1, 2009 = 0%
January 1, 2010 = 0%
July 1, 2010 = 40 (deferred from July 1, 2009)
January 1, 2011 = 2.50 (deferred from January 1, 2010)
July 1, 2011 - June 30, 2012 = Oo
2) Overtime: Employees may choose monetary payment or take compensatory
time for overtime worked, and employees must place one overtime shift
worked in 2009-10 into the comp time bank. Additionally, City shall
not backfill for employees taking compensatory time for 2009-10 and
2010-11.
3) Holiday cash out: Employees shall defer holiday leave cash out for
2009-10. Employees may carry over holidays from one calendar year to
the next, and maximum cash out value is 144 hours per year.
4) Vacation cash out: Employees shall defer longevity vacation cash out
for 2009-10. Allow carryover of up to three periods of regular and
longevity vacation, and maximum cash out value is 160 hours per year.
25A-1
Agreement with FBA
June 29, 2009
Page 2 of 2
5) Retiree Health Subsidy: Defer 2009-10 deposit to Fund 84 from
October 2009 to March 2010.
6) Should any other bargaining unit receive a salary or benefit increase
during the term of this Agreement, with the exception of the 4% and
2.5% salary increases originally scheduled for July 1, 2009 and
January 1, 2010, respectively, FBA employees shall be granted that
salary or benefit equivalent.
FISCAL IMPACT
There is a $900,950 savings to the City for deferral of salary increases
and an additional minimum savings of $1,088,032 for deferral of leave cash
outs and reductions in overtime.
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Kathie S. Gonzalez
Acting Executive Director
Personnel Services
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TWO-YEAR CONTRACT EXTENSION TO
THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SANTA ANA
AND
THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION FOR FISCAL YEARS ZO10-11
AND 2011-12
The City of Santa Ana (City) and the Santa Ana Firemen's Benevolent Association (SAFBA)
hove met and agreed to amend the previously amended 2004-10 Memorandum of
Understanding (MOU) between the CITY and SAFBA, by extending this amended MOU for
two (2) additional years. The existing MOU provisions shall remain unchanged unless
addressed by this contract extension. The new expiration date of the MOU shall be June
30, 2012, and the MOU shall be amended as follows:
AMENDED ARTICLE IV (new language in bold)
4.3 Salary Adjustments
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F. Effective July 1, 2009, there shall be no salary increase for employees covered by
this Agreement.
Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute
an additional 2.3% of their salary (for a total of 6.3%) toward the 2.7% at 55 retirement
benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this
additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax
basis.
°
G. Effective January 1, 2010, there shall be no salary increase for employees covered
by this Agreement.
H. Effective July 1, 2010, the base salary of employees covered by this Agreement
shall be increased by eight (8) salary rate ranges (approximately 49'0).
I. Effective January 1, 2011, the base salary of employees covered by this
agreement shall be increased by five (5) salary rate ranges (approximately 2.59'0).
FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 1
25A-3
J. Effective July 1, 2011, there shall be no salary increase for employees covered by
this Agreement.
K. Effective Jnnunry 1, 2012, there shall be no salary increase for employees covered
by this Agreement.
L. Should any other bargaining unit, receive a salary or benefit increase of greater
value than that set forth in "H" and "I" hereof during the term of this Agreement, the
SAFBA shall be granted that salary or benefit ,equivalent value ns well.
AMENDED ARTICLE IX (new language in bold)
9.5 Compensation for Overtime -Fire Suppression Personnel Assigned to the 24- Hour Dutx
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 dividing the employee's regular
monthly base rate of pay, plus pay additives, by 243.
2.
'
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A suppression employee shall have two options for compensation for overtime work:
FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 2
2 5A-4
A. Monetary Payment -The employee may receive cosh overtime pay at 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.
B. Compensatory Time -The employee may receive time off with pay at a rate of
one and one-half hours for every hour of overtime worked. Compensatory time
may be accumulated to n maximum of 144 hours. Compensatory time may be
used in any hourly increment. Compensatory time off shall be token nt the
discretion of the employee subject to the operational needs and staffing
requirements of the Department.
The SAFBA agrees that the first 24-hour overtime shift worked by every
suppression .employee in Fiscal Yenr 2009-10 shall be token as compensatory time
and placed into their Compensatory Time Bank.
The parties hereto further agree that the City shall not be required to backfill for
employees taking compensatory time off, for a period of two years, ending July 1,
2011. During that period, the SAFBA agrees to allow the Department to utilize
step-up (move-up) for any stuffing issues created by members' use of compensatory
time.
The parties agree that these modifications to Section 9.5 satisfy the entire
furlough equivalency burden to the SAFBA for the term of this Agreement.
AMENDED ARTICLE X (new language in bold)
10.3 Cash Option -All begs employees 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 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 (ELBA).
Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscn) Year 2009-10 the employee's ability to cosh out holiday leave time.
The ability to cosh out holiday leave time shall be re-instated July 1, 2010. Such
deferral shall not affect an employee's ability to be compensated for the accumulated
holiday leave time upon separation from employment with the City, not to exceed a
maximum of 216 hours.
FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 3
25A-5
10.5 A maximum of one (1) year of accrued Holiday leave time hours i3e+4e#+t~s may ne# be
carried over from one calendar year to the next.
Effective July 1, 2010, employees choosing to cosh out their holiday time may do so
to a maximum value of 1.33 x 108 hours, or 144 hours per year. Such limit on yearly
cosh-out shall not affect nn employee's ability to be compensated for the accumulated
holiday leave time upon separation from employment with the City, not to exceed a
maximum of 216 hours.
AMENDED ARTICLE XI (new language in bold)
11.2 Regular Vacation Period
E. Computation of Regular Vacation
2. No employee may carry over from one calendar year to the next more than the
~- equivalent of #we three (3) regular vacation periods and #we three (3) 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.
4. For the term of this Agreement, the policy requiring minimum mandatory nnnual
pre-selected vacations as set forth in the Manual of Operations (M.O.O.) shall be
suspended. For the term of this Agreement, nnnual pre-selected vacation will be
voluntary and a M.O.O. policy shall be drafted to reflect this change. Additionally,
all employees shall be given the option to cancel and bank their unused Calendar
Year 2009 pre-selected vacations (subject to maximum vacation accrual limitations).
11.3 Longevity Vacation.
D. All members employees covered by this Agreement shall be given an option, twice per
calendar year, concurrent with the holiday cash out option, to receive cash compensation
on a straight time basis in lieu of all or part of their longevity vacation leave benefits set
forth in Subsection A above.
FBA Contract Extension Draft for FBA Review June 4, 2009 Pnge 4
25A-6
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).
Effective July 1, 2009, all employees covered by this Agreement shall defer for the
duration of Fiscal Year 2009-10 an employee's ability to cash out longevity vocation
leave time. The ability to cosh out longevity vacation leave time shall be re-instated
July 1, 2010. This deferral shall not affect nn employee's ability to be compensated
for the accumulated longevity vacation leave time upon sepnrntion from employment
with the City.
Effective July 1, 2010, employees choosing to cash out their longevity vacation may
do so to a maximum value of 1.33 x 120 hours or 160 hours per year. This cap on
annual cash-out of longevity vacation shall not affect an employee's ability to be
compensated for accumulated longevity vacation leave time upon sepnrntion from
employment with the City.
AMENDED ARTICLE XIV (new language in bold)
14.6 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 this fund.
The SAFBA agrees to defer the City's annual FBA Retiree Health Insurance Fund
(Fund 84) October 2009 deposit to a dote no later than March 31, 2010. Interest
shall continue to accrue during this deferral period as stipulated by the Fund 84
Policy.
The Association agrees to a loan of $700,000 from Fund 84 (FBA Retiree Health
Insurance Fund) to Fund it (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 FBA Retiree Health Insurance 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.
FBA Contract Extension Draft for FBA Review June 4, 2009 Page 5
25A-7
The City and Association agree to form a joint labor-management committee for the
purpose of formulating a plan 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.
AMENDED ARTICLE XXVI
26.1 The term of this Agreement shall be from July 1, 2004 to June 30, 20812.
FBA Contract Extension Drnft for FBA Review June 4, 2009 Page 6
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ARTICLE XXVII
27.0 RATIFICATION AND EXECUTION
27.1 The City and 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 Association and entered into this 29tH
dny of June 2009.
CITY OF SANTA ANA, a
Municipal Corporation of the
State of California
Dated:
By:
MAYOR
Dated:
Dated: _ ~~ ~' I ~~
ATTEST:
CLERK OF THE COUNCIL
By:
CITY MANAGER
BY~ ~ ~ h''
ACTING EXECUTIVE DIRECTOR
PERSONNEL SERVICES
APPROVED AS TO FORM:
ITY ATTORNEY
FBA Contrnct Extension Draft for FBA Review June 4, 2009 Pnge 7
25A-9
This Agreement has been ratified by the membership of the Santa Ana Firemen's Benevolent
Association.
Dated: D ~7
SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION
By:
MARK EIDE, PRESIDENT
FBA Contrnct Extension Draft for FBA Review June 4, 2009 Page 8
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