HomeMy WebLinkAboutResolution 071-88 RESOLUTION NO. 71=88
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT
WHEREAS, The City of Atascadero has met and conferred in
good faith with the Atascadero Fire Captains Bargaining Unit for
the purpose of discussing wages, benefits, and other conditions
of employment ; and
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WHEREAS, the City of Atascadero and the Atascadero Fire
Captains Bargaining Unit have reached an agreement regarding said
wages, benefits, and other conditions of employment for the term
of Fiscal Year 1988/89, 1989/90 and 1990/91 ;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City
Council hereby approves the Memorandum of Understanding between
the City and the Atascadero Fire Captains Bargaining Unit for
Fiscal Year 1988/89, 1989/90 and 1990/91 , and authorizes the City
Manager , as the Employee Relations Officer , to enter into said
agreement on behalf of the City.
On motion .by Counc;ilperson MACKEY and seconded
by Councilperson BORGESON , the foregoing resolution is
hereby adopted in its entirety on the following roll call votes:
AYES COUNCTLMEMBERS DEXTER'; '.L1]1LEI , ACKEX�,-SKERSi'AND MAYOR BORGESON
NOES: NONE
ABSENT NONE
ADOPTED: 7/26/88
CITY OF ATASCADERO, CALIFORNIA
By: +►" �%
0 ITA BORGESO Mayo
ATTEST;
_F
BOYD C. SHARITZ, Ci erk
(Res. No . 71-88 con ' t. )
PREPARED BY:
V
DAVID Y3. OR ENSEN, Interim Director
of Admin' tr tive Services
APPROVED AS TO CONTENT:
BILL HA LEY, nterim City Manager
APPROVED AS O FORM:
*FFYE EN, City Attorney
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
ATASCADERO FIRE CAPTAINS BARGAINING UNIT
This Memorandum of Understanding is entered into between the Employee Relations Officer
of the City of Atascadero,hereinafter referred to as "City,"and the Fire Captains' Bargaining
Unit of the Fire Department Employees Association, hereinafter referred to as "Unit,"and
made pursuant to California Government Code Sections 3500 et seq,City of Atascadero
Municipal Code,Title 2,Chapter 2,Section 2-2.01 through Section 2-2.13, inclusive,and
the City of Atascadero Resolution No. 12-80,dated July 14, 1980 and subsequent
amendments thereto.
The parties have met and conferred in good faith regarding employment terms and conditions
for members of the Unit as recognized by the City of Atascadero on April 13, 1981 ,and,
having reached an agreement,as herein set forth, submit this memorandum to the City
Council with a joint recommendation that the Council resolve to adopt the terms and
conditions and take such other additional actions as may be necessary to implement its
provisions.
Section 1.0 Purpose.
It is the purpose of the Memorandum of Understanding, hereinafter referred to as "MOU,"to
promote and provide for continuity of operation in employment through harmonious
relations,cooperation and understanding between Management and employees covered by the
provisions of this MOU and to set forth the understanding reached between the parties as a
result of good faith negotiations on matters set forth herein.
Section 2.0 Full Understanding, Modifications And Waiver.
2.1 This MOU sets forth the full and entire understanding of the parties regarding the
matters set forth herein. Any other prior or existing understanding or agreement by the
parties,whether formal or informal, regarding any such matters,are hereby suspended or
terminated in their entirety, if in conflict with this Memorandum.
2.2 No agreement, alteration, understanding,variation,waiver or modification of any of
the terms or provisions contained herein shall in any manner be binding upon the parties
hereto unless made and executed in writing by both parties hereto and, if require,approved
and implemented by the City Council.
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Ataro Fire Captains MOU
2.3 The waiver of any breach, term or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Section 3.0 Sick Leave.
Unit members shall earn and use sick leave subject to the provisions of Section 9.5 of
Resolution No. 12-80,dated July 14, 1980. Sick leave credited from either District or
City service may be used as available and needed subject to the City's Personnel Rules and
Regulations,except that any sick leave used shall first be deducted from the credited amount
carried over from District service until such credits are exhausted. It is agreed that
nothing herein shall be construed as providing any vested right, monetary or otherwise, to
any unused sick leave existing at time of discharge or voluntary separation from City
service,or at time of retirement in accordance with the City's Public Employees Retirement
System contract.
Section 4.0 Vacation.
4.1 Vacation leave shall be credited,computed and used as specified by Section 9.0,
Employee Benefits,of Resolution No. 12-80,dated July 14, 1980,
4.2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire
Chief subject to the needs of the City.
Section 5.0 Salaries.
5.1 Effective the first day of the first pay period in July,1988,salaries in effect on June
30, 1988,shall be increased by two (2%) percent.
5.2 Effective the first day of the first pay period in January, 1989,salaries in effect on
December 30, 1988,shall be increased by four (4%)percent.
5.3 Effective the first day of the first pay period in July, 1989,salaries in effect on June
30, 1989,shall be increased by three (3%)percent.
5.4 Effective the first day of the first pay period in January, 1990,salaries in effect on
December 30, 1989,shall be increased by four (4%) percent.
5.5 Effective the first day of the first pay period in July, 1990,salaries in effect on June
30, 1990,shall be increased by five (5%)percent.
5.6 For the purposes of police-fire comparison Fire Captain shall be compared to Police
Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic
fireman vs. Police classification.
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Atescadero Fire Captains MOU
Section 6.0 Medical and Dental Benefits
6.1 The City agrees to pay for all medical and dental benefits for each fire captain employee
under the City sponsored medical and dental plans.
6.2 The City agrees to pay up to, but not more than, $125.14 per month, per employee,
toward the monthiv medical and ental insurance premium for all eligible employee spouses,
children or dependents as defined by the insurance agreements. Effective November 1988,
the City agrees to pay up to, but not more than, $130 per month, per employee, toward the
monthly medical and dental insurance premium for all eligible employee spouses,children
or dependents as defined by the insurance agreements. Effective November 1990,the City
agrees to pay up to, but not more than, $140 per month,per employee,toward the monthly
medical and dental insurance premium for all eligible employee spouses,children or
dependents as defined by the insurance agreements.
6.3 For those employees without dependents or who do not choose to enroll their dependents
in the City plan, the City contribution towards dependent coverage shall be paid to the
employees as an addition to his/her regular salary.
Section 7.0 Retirement
7.1 The City will continue to pay the employee contribution of seven PC percent PERS
for the term of this MOU.
7.2 Effective July, 1990 the City shall implement the Zig @ 50 Full formula(Section
21252.01 of the Retirement Com). In accordance with Retirement Code requirements the
City shall have an acturial valuation conducted to determine the specific costs of this option.
The parties agree that any costs of this option above 2.5% will be deducted from the salary
increase scheduled for July, 1990,and if the cost is less than 2.5% the difference(2.5% -
the lesser amount)will be added to the salary increase scheduled for July, 1990,
Section 8.0 Medic Pay
The City shall pay two hundred dollars($200.00) per month to those employees who are
trained,qualified and assigned by the Fire Chief to E.M. T. I I duties. Effective July, 1990
the pay differential shall be increased to two hundred fifty collars($250) per month.
Section 9.0 Overtime.
9.1 City agrees to pay all Unit members overtime, upon certification by the Fire Chief
using authorized time card forms,for any overtime worked in excess of the established 56
hour work week. (This is equivalent to 121.33 shifts per year.) Such overtime shall be
computed using the rate of time and one-half applied to the 56 hour work week hourly wage
scale for the individual concerned.
9.2 Employees called back to work for hours not contiguous to a scheduled shift shall be
compensated a minimum of two hours of overtime for each call back period.
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's MOU
Atascadero Fire Captain
Section 10.0 Holiday
Unit employees shall receive five and 13/100 (5,13)shifts timel j h Holiday
t month.me the
term of the Agreement. Holiday time will be credited at eleven (
Section 11.0 Term Life Insurance.
11.1 City shall maintain a term life insurance polis d shaor ll h unit premiums for tal
amount of Fifteen Thousand Dollars($1 5,OoO.00)
such
policy during the term of this Agreement.
11.2 The City shall maintain a term life insurance policy for
dependent
of each t and sh nitp�
member in a total amount of One Thousand Dollars($1,000 ) per
all premiums for such policy during the term of this Agreement.
Section 12.0 General Benefits.
it is agreed that compensatory time off(CTO), retirement and any other benefits and
conditions of employment shall be as specified by City Resolutions No. 12-80 and 52-82,
and Atascadero Municipal Code,Title 2,Chapter 2, inclusive.
Section 13,0 Probationary Perini
The probationary period for newly hired employees shall be eighteen months. The
probationary period for employees promoted to a higher classification shall be twelve
months in the new classification.
Section 14.0 Implementation.
14.1 This MOU constitutes a mutual recommendation to be submitted to ttern whole
ro City
Council. it is understood that this MOU shall not be banding uponparties
or in part unless and until said City Council: (a) acts,
bye majority vote,formally to
approve and apt said MOU, (b)and acts in a timely manner to appropriate the funds
necessary to implement the proviions of this MOU which requires funding.
14.2 Notwithstanding the foregoing,in the event the City Council f ails to take all oequest thee
actions necessary for timely implementation of this MOU eitherparty
may renewal of the meet and confer procure,
Section 15.0 Provisions of Law.
15.1 This MOU is subject to all current applicable feral, state,and local laws,
regulations and resolutions. All ordinances, rules and regulations enacted by the City
Council shall be subject to the appropriate revisions,amendments and deletions necessary to
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Atascadero Fire Captains MOU
conform with the purpose, intent and application of the provisions of this Agreement.
15.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable
provisions of feral,state or local laws or regulations,or is otherwise held to be invalid or
unenforceable by any tribunal of competent jurisdiction, .such part shall be suspended and
superseded by such applicable law or regulations,and the remainder of this MOU shall not
be affected.
Section 16.0 Applicability of Other MOU's, Rules and Regulations
MOU' s, understandings or personnel policies, customs, practice and actions not specifically
included in Atascadero Municipal Code,Title 2,Chapter 2, inclusive,and associated rules
and regulations opted by the City Council of the City of Atascadero,shall be superseded by
the provisions of this MOU.
Section 17.0 Management Rights.
The authority of the City includes, but is not limited to the exclusive right to determine the
mission of its constituent departments,commissions and boards;set standards of service;
determine the procedures and standards of selection for employment and promotion; direct
its employees; take disciplinary action for "just cause"; relieve its employees from duty
because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, manning and personnel by which
governmental operations are to be conducted; determine the content of job classifications;
take all necessary actions to carry out its mission in emergencies; exercise complete
control and discretion over its organizations and the technology of performing its work;
provided, however,that the exercise and retention of such rights cis not preclude
employees or their representatives from consulting or raising grievances over the
consequences or impact that decisions on these matters may have on wage, hours and other
terms of employment.'
Section 18.0 Peaceful Performance Clause.
18.1 The parties to this Memorandum of Understanding recognize and acknowledge that the
cervices performed by the City employees covered by this Agreement are essential to the
public health,safety and general welfare of the residents of the City of Atascadero,
Association agrees that under no circumstances will the Association recommend,encourage,
cause or permit its members to initiate, participate in, nor will any member of the
bargaining unit take part in,any strike,sit-town,stay-in,sick-out,slow-down or
picketing(hereinafter collectively referred to as work-stoppage),in any office or
department of the city, nor to curtail any work or restrict any production,or interfere with
any operation of the City. In the event of any such work stopper by any me@oer of the
bargaining unit the City shall not be required to negotiate on the merits of any dispute which
may have given rise to such work stoppage until said work stopper has ceased.
18.2 In the event of any work stoppage,during the term of this Memorandum of
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Atescadero Fire Captains MOU
Understanding,whether by the Association or by a Member of the bargaining unit,the
Association by its officers,shall immediately.declare in writing and publicize that such
work is illegal and unauthorized,and further direct its members in writing to cease the said
conduct and tesume work. Copies of such written.notice shall be served upon the City. If in
the event of any work stoppage the Association promptly and in good faith performs the
obligations of,this paragragh,and providing the Association has not otherwise authorized,
permitted or encouraged such work stoppage,theAssociation, shall not be liable for any
damages caused by the violation of this provision. However,the City shall have the right to
discipline,to include discharge,any employee who instigates, participates in,or gives
leadership to,any work stoppage activity herein prohibited,and the City shall also have the
right to seek full legal redress including damages,as against any such employee.
Section 19.0 Term of Agreement.
It is understood and agreed that the provisions of this MOU shall be effective as 0001 a.m.,
July 1 1988,and shall remain in effect,unless modified by mutual agreement, until
midnight June 30, 1.991.
DATE:
ATA ERO IREFi HT CITY of AjWDERO
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