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HomeMy WebLinkAboutSANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION (FBA) 1cA-2010-186 FOUR-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN a THE CITY OF SANTA ANA AND C'I THE SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION FOR FISCAL YEARS 2010-11 a. through 2013-14 te f W y ? (y The City of Santa Ana (City) and the Santa Ana Firemen's Benevolent Association (SAFBA) have met and agreed to extend the 2004-10 Memorandum of Understanding (MOU) Q') between the CITY and SAFBA for four (4) additional years. The initial MOU provisions, ' and the provisions outlined in the two-year Contract Extension for Fiscal Years 2008-09 O 2 and 2009-10, shall remain unchanged and in effect unless modified by this Contract cJ. Extension. The new expiration date of the MOU shall be June 30, 2014, and the MOU shall be amended as follows: ci -? AMENDED ARTICLE IV (new language in bold italics) 4.3 Salary Adjustments " 2909, the base selepy ef empleyees eeyered by this Agreement shall o 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 CalPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. " o G. Effective January 1, 2010, there shall be no salary increase for employees covered by this Agreement. 14. Effee-toye "ly 1, 2010, the base salary of empleyees eayered by this Agreement- shall be onereased by eight (8) salary rate ranges (appimeximetely 4%)-. H. Effective July 1, 2010, there shall be no salary increase for employees covered by this Agreement. z. E#fee*lye T..nua 1, 2011, the base salary of employees eavered by this agreel"eM shall be inereased by fi-ve (5) salary re*e Pm9es (approximately 2.6%). FBA Contract Extension: 2010-2014 Page 1 I. Effective January 1, 2011, there shall be no salary increase for employees covered by this Agreement. J. Effective July 1, 2011, there shall be no salary increase for employees covered by this Agreement. by this Agreement. K. Effective uranuary 1, 2012, the base salary of employees covered by this Agreement shall be increased by five (5) salary rate ranges (approximately 2.590). L. Effective July 1, 2012, there shall be no salary increase for employees covered by this Agreement. A Effective January 1, 2013, the base salary of employees covered by this Agreement shall be increased by eight (8) salary rate ranges (approximately 4%). N. Effective FY2013-14, there shall be no salary increase for employees covered by this Agreement. 0. Should any other bargaining unit receive a salary or benefit increase that is of greater value than the combined value of that set forth in wand "II" X" and W' hereof during the term of this Agreement, the SAFBA shall be granted that salary the value of that additional salary or benefit. AMENDED ARTICLE IX (new language in bold italics) 9.5 Compensation for Overtime - Fire Suppression Personnel Assigned to the 24 Hour Duty Work Schedule. A. Overtime Duty: Emergency or Scheduled A Fire Suppression pepsen+gel employee who Gee is required to remain on active duty or who volunteers 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 of pay 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. deteernine that the best iAtan-1 FBA Contract Extension: 2010-2014 Page 2 A suppression employee shall have two options for compensation for overtime work: a) Monetary Payment - The employee may receive cash 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 a maximum of 144 hours. Compensatory time may be used in any hourly increment. Compensatory time off shall be taken at the discretion of the employee, provided it does not unduly disrupt the operations of the Fire Department. The requirement to backfill on overtime shall not unduly disrupt the operations of the Fire Department. subjeet 4;o the operational needs and staff The SAFBA agrees that the first 24-hour overtime shift worked by every suppression employee in Fiscal Years 2009-10, 2010-11, 2011-12, 2012-13, and 2013-14 shall be taken as compensatory time and placed into *eir employees' Compensatory Time Banks. Should any employee exceed the maximum 144 hours allowed in the compensatory time bank, that time shall be paid in cash as overtime. 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 four (4) years, ending July 1, 2-04 2011. During that period, the SAFBA agrees to allow the Department to utilize step-up (move-up) for any staffing issues created by members' use of compensatory time. C. Staffing Levels. 1 , The minimum daily staffing level (without Battalion Chiefs) for Suppression and EMS shall be as follows: • July 1, 2904 thpeugh June 80, 2006i 64 pei-senne4 • July 1, 2006 *hi-eugh June 80 2007; 66 persenne4 • july 1, 2097 Opeugh June 30, 2008; 66 pepsemne4 • ,Tuly 1, 2010 through Tune 30, 2012: 63 personnel (reduction of one Captain, one Engineer and one firefighter per shift) FBA Contract Extension: 2010-2014 Page 3 • After Aly 1, 2012: 64 personnel (Whether the additional position is of the Firefighter, Engineer, or Captain rank shall be determined mutually by the parties). The hiring practice will be to hire Firefighters as follows: - --/ -, --- . .... ... pepmenen* emipley ..,. .. v aa?,c. , te Su - - I'M i th Ci ll • July 1, 2096 thi-eu ppr gh June 3 200;z ess en, e ty wi then hipe te a staff ing & When the staffin 'eye! h 496 g ftee es • July 1, 2007 thi-eu gh June 30 2GO8 6 When *he staffin 'eye! h 1 pepmenent empleyee , s assi ned te Su P g Peee es ssi th Gi ll g pp e en, e ty wi *hen hire te a staffing • .Tiny 1, 2010 through Tune 30, 2012: When *he staffing -lIf, during the term of this Agreement, the number of permanent employees assigned to Fire Suppression in ranks represented by the SAFBA drops to Feeehes 189 or less , the City wfl4 may then hire additional employees, provided, however, that the maximum number of te-e staffing !eye! of permanent employees assigned to Suppression in ranks represented by the SAFBA shall, in no event, exceed 195. • After .Tiny 1, 2012: When the staffing leyel Pesehes 192 pepmenent employees essigned te SuppPessien, the Gi4y will then hipe te a staffing leyel 0498 pepmenent employees assigned te If, during the term of this Agreement, the number of permanent employees assigned to Fire Suppression in ranks represented by the SAFBA drops to 192 or less, the City may then hire additional employees, provided, however, that the maximum number of permanent employees assigned to Suppression in ranks represented by the SAFBA shall in no event exceed 198. 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: • Tuly 1, 2010 through rune 30, 2012: 14 Captains, 14 Engineers, 35 Firefighters or firefighter/Paramedics, and 6 Staff Captains. • After Tuly 1, 2012: 14 Captains, 14 Engineers, 35 Firefighters or Firefighter/Paramedics, 6 Staff Captains, plus one additional position to be determined mutually by the parties (see "C above). 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, FBA Contract Extension: 2010-2014 Page 4 then this provision of the Agreement is subject to being reopened for negotiation. Between Tu/y 1, 2010 and Tune 30, 2014, any change shall be by mutual agreement of the City and FBA. 3. Effective Jru/y 1, 2010 through Tune 30, 2014: The parties agree that the City shall not be required to 'backfi//" for up to one employee per platoon to attend Paramedic School. AMENDED ARTICLE X (new language in bold italics) 10.3 Cash Option - All peps 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 (FLSA). Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 the employee's ability to cash out holiday leave time. The ability to cash out holiday leave time shall be re-instated July 1, 2010. During the term of this Agreement, 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. 10.5 A maximum of one (1) year of accrued Holiday leave time hours benefits may Abe carried over from one calendar year to the next. Effective July 1, 2010, employees choosing to cash out their holiday time may do so to a maximum Yalue of 1.33 x 108 hours, of 144 hours per year. During the term of this Agreement, such limit on yearly cash-out 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. AMENDED ARTICLE XI (new language in bold italics) 11.2 Regular Vacation Period E. Computation of Regular Vacation 2. During the term of this Agreement, no employee may carry over from one calendar year to the next more than the equivalent of twe three (3) regular vacation periods and twe three (3) longevity vacation periods from the previous two years., and Yeee*4a FBA Contract Extension: 2010-2014 Page 5 not taken be-yend *he* emewnt is feFfe4ed- A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection 11. ZA 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. The policy requiring minimum mandatory annual pre-selected vacations as set forth in the Manual of Operations (M.O.O.) shall be suspended for the term of this Agreement. Annual 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. 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 Years 2009-10, 2010-11 and 2011-12 an employee's ability to cash out longevity vacation leave time. The ability to cash out longevity vacation leave time shall be re-instated July 1, 2012. This deferral shall not affect an employee's ability to be compensated for the accumulated longevity vacation leave time upon separation from employment with the City. Effective July 1, 2010, employees choosing to cash may do so to a maximum cap on annual cash-out of longevity vacation shall not to be compensated for a// accumulated longevity separation from employment with the City. AMENDED ARTICLE XIV (new language in bold italics) out their longevity vacation of 160 hours per year. This affect an employee's ability vacation leave time upon 14.6 Retiree Health Insurance Ffeetiye-Geteber +1, 20 ?7he City shall contribute each October 1 an amount equal to FBA Contract Extension: 2010-2014 Page 6 Pespeetiyely, the City she!! eentpibute one and three quarter percent (1.75%) of the bargaining unit's salary base, including assignment pays to mod: a fund for the purpose of providing premium reduction assistance. This program is for premium reduction only and is provided for bargaining unit employees retiring after July 1, 1989. li-ffeefiye July 1, 2007, the City and Assecietien eypee te Peepen this pi-eyision ef the The SAFBA shall be entitled to inspect/audit the financial affairs and status of the fund. The SAFBA agrees to defer the City's annual FBA Retiree Health Insurance Fund (Fund 84) October 2009 deposit to a date 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. As of July 1, 2010, the parties acknowledge that the entire $700, 000 loan is outstanding. 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 XV - (new language in bold italics) 15.5 Payment of 3% at 50 Service Retirement Benefit The City and Association agree that eligible employees will pay 60% met 4:e --emceed .93% of safety peyreal the City's employer contribution. Effective January 1, 2011, this employee contribution shall be increased to 1.43%. 15.6 Yearly Actuarial Valuation Fluctuations. CaIPERS 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 this 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. ° ef any ye FBA Contract Extension: 2010-2014 Page 7 0 Should the City employer contribution rate meet or exceed 25% during the term of this Agreement, the City and Association agree to a reopener of this section, but there shall be no changes without the mutual written agreement of the parties. AMENDED ARTICLE XXVI (new language in bold italics) 26.1 The term of this Agreement shall be from July 1, 2010 through Tune 30, 2014. 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 W 20"' day of Jane September 2010. CITY OF SANTA ANA, a SEP 2 2 2010 Dated: Dated: SEP 2 2 2010 By: By: CITY MANAGER Dated: 0I \'A' w By: EXECUTIVE DIRECTOR PERSONNEL SERVICES ATTEST: CLERK OF THE COUNCXL?) FBA Contract Extension: 2010-2014 APPROVED AS TO FORM: 1 CI ATTORNEY Page 8 Municipal Corporation of the This Agreement has been ratified by the membership of the Santa Ana Firemen's Benevolent Association. Dated: 0 ( - l e-1 1- / o SANTA ANA FIREMEN'S BENEVOLENT ASSOCIATION MARK EIDE, PRESIDENT FBA Contract Extension: 2010-2014 Page 9 7/1/2010 7/1/2011 1/1/2012 1/1/2013 7/1/2013 RANGE RANGE RANGE RANGE RANGE JOB TITLE NO. NO. NO. NO. NO. FIRE CAPTAIN 708 708 713 721 721 FIRE ENGINEER 677 677 682 690 690 FIREFIGHTER 657 657 662 670 670 FIREFIGHTER (PROBATIONARY) 604 604 609 617 617 FIRE ALARM AND MAINTENANCE LEADER 646 646 651 659 659 FIRE ALARM AND MAINTENANCE TECHNICIAN 626 626 631 639 639 FIRE COMMUNICATIONS SUPERVISOR 665 665 670 678 678 FIRE EDUCATION SPECIALIST 1 612 612 617 625 625 FIRE EDUCATION SPECIALIST II 632 632 637 645 645 FIRE SAFETY ANALYST 673 673 678 686 686 FIRE SAFETY ASSISTANT 582 582 587 595 595 FIRE SAFETY SPECIALIST 1 612 612 617 625 625 FIRE SAFETY SPECIALIST II 632 632 637 645 645 FIRE SAFETY SPECIALIST III 652 652 657 665 665 FIRE SERVICES DISPATCHER 637 637 642 650 650 FIRE TRAINING COORDINATOR 667 667 672 680 680 PARAMEDIC 637 637 642 650 650 SALARY SCHEDULE MATRIX 0 1 2 3 4 5 6 7 8 9 38 1332 1338 1345 1352 1358 1365 1372 1379 1386 1393 39 1399 1405 1413 1420 1427 1434 1441 1448 1455 1463 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 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 13027 13093 13158 85 13210 13275 13342 13409 13476 13543 13611 13678 13748 13816 86 13871 13939 14009 14079 14150 14220 14292 14362 14435 14507 87 14565 14636 14709 14783 14858 14931 15007 15080 15157 15232 88 15293 15368 15444 15522 15601 15678 15757 15834 15915 15994