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HomeMy WebLinkAboutResolution 29-81 RESOLUTION NO. 29-81 RESOLUTION D S LUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT ' WHEREAS , the Atascadero City Council , pursuant to Government Code Section 3500 et seq, enacted an Employer-Employee Relations policy with its adoption of Ordinance No. 24 , dated July 14 , 1980 , and of Resolution No. 12-80 on July 14 , 1980; and WHEREAS, under the terms of that policy, the City Manager and/or his representatives and the individual employee association members have met and consulted in good faith; and WHEREAS, these parties have reached agreement on matters relating to employment conditions of the said individual Fire Captains Bargain- ing Unit members as reflected by the written Memorandum of Understand- ing signed by them on September 28 , 1981 , which Memorandum is attached hereto and made a part hereof; and WHEREAS, The City Council finds that the provisions and agreements contained in said Memorandum of Understanding are fair and proper and ' are in the best interests of the City. NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of ' Atascadero that the terms and conditions contained in said Memorandum of Understanding are hereby adopted. On motion by Councilman Highland , and seconded by Councilman ' Mackey , the Atascadero City Council hereby adopts the foregoing resolution in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ' ABSENT: None ADOPTED: October 12, 1981 t � , ROBERT-J. WILKI S , . , Mayo ' ATTEST: M RRAY . W DEN, City Clerk ' APPR VED AS 0 FORM: ALLEN GRIMES , City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF' ATASCADERO AND THE ATASCADERO FIRE CAPTAINS ' BARGAINING UNIT This Memorandum of Understanding is entered into between the be- tween the Employee Relations Officer of the City of Atascadero, here- inafter 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 Ordinance No. 24 , dated July 14, 1980 , and City of Atascadero Resolution No. 12-80 , dated July 14 , 1980 . The parties have met and conferred in good faith regarding employ- ment terms and conditions for members of the Unit and', _having reached ' agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that that bodyresolveto adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions. Section 1 Purpose . 1 . 1 It is the purpose of this Memorandum of Understanding , here- inafter 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 provi- sions 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 . 1 .2 This MOU shallreplaceand supercede the Memorandum of Under- standing (MOU) reached between the Atascadero Firefighters Association and the Board of Directors of the Atascadero Fire Protection District , dated June 24 , 1979 , as ratified by signatures thereto, dated June 25 , 1979. 1 . 3 It is specificallyunderstood and agreed that the Atascadero g Fire Protection District MOU dated June 24 , 1979 , and signed June 25 , 1979 , is hereby declared null and void , effective 0001 a.m. , July 1, 1980 . 1 .4 This MOU is entered into by the City and Unit to resolve dis- agreements between the City and Unit ,as to the provisions of the Fire Protection District MOU dated June 24 , 1979 . This MOU shall determine wages , salaries and other benefits and conditions, of employment for members of the dissolved Atascadero Fire Protection District who transferred as full-time employees to the City of Atascadero Fire De- partment pursuant to the incorporation resolution effecting such dis- solution and incorporation. This MOU does not apply to any personnel hired after July 1 , 1980. If any transferring Unit members are pro- moted to a higher grade after July 1 , 1980, and during the life of this MOU they shall be paid in accordance withtheCity 's adopted salary scheduleexcept that their new salary shall not be any less than that earned prior to promotion. All other benefits agreed to I II Captains ' BargainiAUnit MOU • herein shall apply l to such promoted members . Section 2. 0. Cessation of Legal Action . 2 . 1 Members of the Atascadero Firefighters Association, now em- ployees of the City of Atascadero, individually and collectively, agree to cease and desist with prejudice fromanylegal actions now or ' in the future which attempt to compel the City to recognize, comply with, or otherwise acknowledge the provisions of the Atascadero Fire Protection District Memorandum of Understanding dated June 24 , 1979 , ' as agreed to by the Board of Directors of the Atascadero Fire Protec- tion District and the Atascadero Firefighters Association , either ex- pressly or by implication except as otherwise may be provided herein. 2.2 The City of 'Atascadero agrees to cease and desist with pre- judice from any legal actions now or in the future which attempt to resolve any understandings , misunderstandings or interpretations of ' the Memorandum of Understanding dated June 24 , 1979 , as agreed to by the Board of Directors of the Atascadero Fire Protection District and the Atascadero Firefighters Association, either expressly or by impli- cation , except as otherwise may be provided herein. 2. 3 Both parties to this MOU specifically agree to dismiss with prejudice the pending law suit Roland Snow; Atascadero Firefighters Association vs. City of Atascadero, Case No. 54030 , filed November 5 , 1980 , involving a determination of the applicability of the Atasca- dero Fire Protection District MOU dated June 24 , 1979 . Section 3 .0 Full Understanding, Modifications , Waiver . 3 . 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 termin- ated in their entirety. 3 .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 exe- cuted in writing by both parties hereto and , if required , approved and implemented by the City Council . 3. 3 The waiver of any breach , term or condition of this Agreement by either party shall not constitute a precedent in the future en- forcement of all its terms and provisions . Section 4 .0 Sick Leave . It is agreed and understood that any unused sick leave credited as of midnight , June 30 , 1980, to individual unit members by the Fire District , shall be carried forward and credited by the City. Starting at 0001,'a.m. , July 1 , 1980 , transferring 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 Dis- trict or City service may be used as available and needed subject to 2 ' Captains ' Bargaining 0it MOU the City ' s Personnel Rules and Regulations, except that any sick leave used shall first be deducted from the credited amount carried over ' from Districtservice until such credits are exhausted. It is agreed and understood that the rate of determining sick leave credit and max- imum allowed accumulation is subject to change by subsequent agreement as may result from future negotiations. It; is also agreed that nothing herein shall be construed as providing any vested right', mone- tary or otherwise ,to any unused sick leave existing at time of retire- ment in accordance with the City' s Public Employees Retirement System ' contract , discharge or voluntary separation from City service. Section 5 .0 Vacation. Vacation accumulations credited to an individual fire captain b p Y the District as of midnight, June 30 , 1980 , shall becarriedforward and credited to the individual fire captain upon becoming an employee of the City. 5 . 1 Vacation leave shall be credited , computed and used as speci.- fied by Section 9. 10 , Employees Benefits , of Resolution No. 12-80 , dated July 14 , 1980. 5.2 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 6 .0- Salaries . It is agreed and understood that unit members subject to this g � Memorandum of Understanding, shall receive the salary rates as indi- cated below. NAME BASE SALARY MAXIMUM MERIT AMOUNT ' Michael R . Hicks 1 ,864 . 16 1 ,975 . 18 Michael P . McCain 1 , 864 . 16 - 1,975 . 18 ' The foregoing rate shall be effective as of 0001 a.m. , July 1 , 1981 If this pay rate is less than the pay rate being received as of midnight June 30 , 1981 , then the higher pay rate shall be continued until such time as the City pay scale for comparable police grade classifications equals or exceeds the amount referred to herein with Fire Captain being comparable to Police Sergeant , Fire Engineer being ' comparable to Police Officer, and with no comparable basic fireman vs. police classification . 6. 1 It is expressly understood that reference(s) to the City salary classification as "Step I" or "Step II" shallonlymean the pay rate associated with that particular step. It is further understood that "Step II" means the maximum merit increase permitted for that specific pay classification and that the difference between Step I 'and the maximum merit increase is a variable amount up to the limit indi- cated by the "maximum merit amount . " 3 Captains ' Bargaininonit MOU Referencens) to the Step II or maximum merit 'amount" shall not in any manner imply that payment of the Step II salary rate is auto- matic or accruing to an individual because of the passage of gime or ' qualifying condition other than merit. Rather, the above salary rate provides a transition salary and is intended to prevent any decrease in salary for fire personnel transferring from the Atascadero Fire Protection District employment to City of Atascadero employment. It is understood that the salary structure adopted herein shall be applicable for the duration of this MOU . It is also specifically understood and agreed that the disparities between police classifica- tions and firefighter classifications as indicated in paragraph 6.0 above shall be subject to negotiation during the Fiscal Year 1982-83 negotiation period . It is the City ' s objective to initially at least achieve parity between police and fire positions without any employee suffering an actual dollar reduction in pay presently received . Section 7 .0 Medical/Dental Benefits. City agrees to pay for all medical and dental benefits for each unit member at the rate and coverage prevailing under the City's medical and dental program as now exists through City' s parti- cipation in the Central Coast Cities Self-Insurance Fund , known as the Self-Insurance JPA. It is agreed that the City will continue to pay, for the balance of Fiscal Year 1981-82 , dependent medical coverage up to, but not to exceed , the amount currentlypaid , that is $68 .00 per month . ' Section 8 .0 Overtime: City agrees to pay all fire captains , upon certification by the , Fire Chief using authorized time card forms , ,for any overtime worked in excess of the established 56 hour work week as computed using ' 121 . 33 shifts per year as the annual shift employment at the rate of time and one-half computed against the 56 hour wage scale for the in- dividual concerned. Section 9 .0 Holiday Time . City will continue the policy of the Atascadero Fire Protection District for the term of this MOU to grant fire captain's nine (9) shifts time off per year as holiday time off. Section 10 .0 Term Life Insurance . City shall apply for a term life insurance policy for each fire captains in a total amount of Fifteen Thousand Dollars ($15 ,000) and shall pay all premiums for such policy during the term of this agree- ment. Section 11 .0 General Benefits. It is agreed that compensatory time off (CTO) , retirement and other benefits and conditions of employment shall be as specified by City Resolution No. 12-80 and City Ordinance No. 24 . 4 Captains ' Bargaininglait MOU Section 12.0 Effective Date . ' It is understood and agreed that the provisions of this MOU shall be effective as of to 0001 ' a.m. , July 1 , 1981 , and shall remain in effect , unless modified by mutual agreement, until midnight June 30 , ' 1982. Section 13 .0 Implementation. 13 . 1 This MOU constitutes a mutual recommendation to be sub- mitted to the Atascadero City Council. It is understood that this MOU shall not be binding upon the parties either in whole or in part un- less and until said City Council: (a) acts, by a majority vote, for- mally to approve and adopt said MOU ; (b) acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding. 13 . 2 Nothwithstandin the foregoing , in the event the Cit 3 g y Council fails to take all of the actions necessary for timely imple- mentation of this MOU , either _party may request the renewal of the meet and confer procedure. Section 14 ..0 Provisions of Law. 14 . 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 shallbesubject to the appropriate revisions, amendments and deletions necessary to con- form with the purpose , intent and application of the provisions of ' this Agreement. 14 .2 If any part or provision of this MOU is in conflict or in ' consistent with such applicable provisions of federal , state or local laws or regulations , or is otherwise held to be invalid or unenforce- able 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 15 .0 Applicability of Other MOU ' s , Rules and ' Regulations It is agreed that all provisions of any existing or prior `MOU ' s , understandings or personnel policies , customs , practices and actions not specifically included in Ordinance No. 24 and associated rules and regulations adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of this MOU . Section 16 .0 Management Rights . ' The authority of the City includes , but is not limited to the ex- clusive right to determine the mission of its constituent departments , commissions and boards; set standards of service; determine the proce- dures 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 5 Captains Bargainingenit MOU reasons; 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 organization and the technology of performing its work; provided, however, that the exer- cise and retention of such rights does not preclude employees or their ' representatives from consulting or raising grievances over the conse- quences or impact that decisions on these matters may have on wage , hours and other terms of employment. ' ATASCADERO CAPTAINS '; CITY OF ATASCADERO BARGAINING UNIT R AY L . WARDEN ' iE loyee Rela ions Officer MICHAEL G. HICKS APPROVED AS TO ORM: G ALLEN GRIMES, City Attorney MICHAEL P. McCAIN 6