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HomeMy WebLinkAboutResolution 072-88 RESOLUTION NO 72-ee RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND ATASCADERO FIRE FIGHTERS BARGAINING UNIT: WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Fire Fighters Bargaining Unit for the purpose ,of discussing wages, benefits, and 'other conditions of employment ; and WHEREAS, the City of Atascadero and the Atascadero Fire Fighters 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 Fighters 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 Councilp;erson LILLEY and seconded by Councilperson BORGESON , the foregoing resolution is hereby adopted in itsentiretyon the following roll call votes: AYES: COUNCILMEMBERS DEXTER, 'LILLEY, MACKEY, SHIERS AND MAYOR BORGESON NOES:_ NONE ABSENT: NONE ADOPTED: 7/26/88 CITY OF ATASCADERO, CALIFORNIA t _ By ONITA BORG , Ma r ATTEST: BOYD C1 SHARITZ, Cit rk (Res. No . 72-ee con ' t . ) i PREPARED BY: Oil(� DAVID G. OR NSEN, Interim Director of 'Admin i tr ive Services APPROVED AS TO CONTENT: ILL HA LEY, terim City Manager APPROVED, AStoFORM: F EY GSEN, -City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF ATASCADERO AND ATASCADERO FIREFIGHTERS' 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 Firefighter's 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 Atescadero 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 required,approves and implemented by the City Council Atescadero Firefighters MOU 2.3 The waiver of any breach,term or condition of this Agreement by either party shall not constitute a print 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,date July 14, 1980. Sick leave credited from either District or City service may be used as available and nbede 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 agree 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, Emipioyec Benefits,of Resolution No. 12-80,date July 14, 1980. 4.2 It is agreed and understood that the taking of vacation shall be as schedule 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 increase 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 compare to Police Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic fireman vs. Police classification. Page 2 Atascadero Firefighters MOU Section 6.0 Medical and Dental Benefits 6.1 The City agrees to pay for all medical and dental benefits for each fire fighter employee under the City sponsored medical and ental plans. 6.2 The City agrees to pay up to, but not more than, $125.14 per month, per employee, toward the monthly medical and cental 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 2% @ 50 Full formula(Section 21252.01 of the Retirement Code). In accordance with Retirement Code requirements the City shall have an ecturial valuation conducted to determine the specific costs of this option. The parties agree that any costs of this option above 2.5% will be ducted 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 cellars($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 beck to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call beck period. Page 3 6 0 Atescadero Firefighters MOU Section 10.0 Holiday Unit employees shall receive five and 13/100 (5.13)shifts time as Holiday time for the term of the Agreement. Holiday time will be credited at eleven ( 11) hours per month. Section 11.0 Term Life Insurance. 11.1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars($15,000.00)and shall pay all premiums for such policy during the term of this Agreement. 11.2 The City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars($1 000.00) per dependent and shall pay 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 Period 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 the Atescadero City Council. it is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council: (a) acts, by a majority vote,formally to approve and adopt 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 fails to take all of the actions necessary for timely implementation of this MOU either party may request the renewal of the meet and confer procedure. Section 15.0 Provisions of Law. 15.1 This MOU is subject to all current applicable federal, 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 Page 4 • 0 Atascadero Firefighters 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 federal,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 include!in Atascaaro Municipal Code,Title 2,Chapter 2, inclusive,and associated rules and regulations opted by the City Council of the City of Atescadero,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 apartments,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 does 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 services 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 Atascaaro. 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-down,stay-in,sick-out,slow-down or picketing(hereinafter collectively referred to as work-stoppage), in any office or apartment 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 stoppage 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 stoppage has ceased. 18.2 in the event of any work stoppage,during the term of this Memorandum of Page 5 Atascadero Firefighters 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 ease 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 stopper,the Association, 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, 1991 DATE: ATASCA RO IREFI HT CITY of ATL4WADERO r oldn.- Page 6