HomeMy WebLinkAboutContracts & Agreements_107-2015_CCv0001.pdf MEMORANDUM OF UNDERSTANDING
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Table of Contents
Article 1: Term DƒAgreement ----------------.--------------------------.3
Article2: Preamble...................................................................................................................................................J
Article3: Recognition...............................................................................................................................................3
Article 4: Management Rights-------------------------------------------3
Article5: Salaries......................................................................................................................................................2
Article6: Retirement................................................................................................................................................3
Article 7: Medical Insurance.....................................................................................................................................4
Article8: Vision Care................................................................................................................................................5
Article 9: Dental Insurance.......................................................................................................................................5
Article10: Life Insurance........................................................................................................................................5
Article 11: Deferred Compensation........................................................................................................................5
Article 12: Educational Incentive............................................................................................................................5
Article13: UhifonnAllowance................................................................................................................................5
Article14: Longevity Pay........................................................................................................................................5
Article 15: Shift DifferentialPoyforFire Members.................................................................................................5
Article16: Holidays.................................................................................................................................................6
Article17: Sick Leave..............................................................................................................................................6
Article 18: Defined Contribution QContribution Plans...........................................................................................
Article19: Vacation................................................................................................................................................7
Article 20: Bereavement Leave...............................................................................................................................8
Article21: Personal Leave......................................................................................................................................8
Article22: Executive Leave.....................................................................................................................................8
Article 23: Compensatory Time Off And Overtime.................................................................................................8
Article24: Workweek.............................................................................................................................................8
Article 25: Fire Battalion Chief Staffing..................................................................................................................9
Article26: NoStrike Provisions...............................................................................................................................9
Article27: ...........:................................................................................................. ...................9
Article28: Savings Clause.......................................................................................................................................9
Article 29: Equivalent Benefits.------'---------------'-------------------..9
Article 30: Death Of Employee------------------------------------------.9
Article31: Drop Program........................................................................................................................................9
Article32: Signatures...........................................................................................................................................20
AttochmentA: SolarySchedule
City oyKedlanob&Redlands Association oyFire Management Employees M0U-20l5^2027 Page
Article 1: TERM OFAGREEMENT
Except where expressly stated otherwise herein, the City and Association agree that the provisions of this
Memorandum of Understanding (MOU) shall become effective on July 1, 2015 and shall expire on June 30, 2017.
Article 2: PREAMBLE
It is the intent and purpose of this MOU to set forth the understanding of the parties reached as a result of meeting
and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and
conditions of employment between the City of Redlands (hereinafter referred to as "City") and the Redlands
Association of Fire Management Employees(hereinafter referred to "Association").
Article 3: RECOGNITION
The Association is the recognized employee organization for the personnel employed in the Fire Department
occupying the classifications of Fire Battalion Chief, and Deputy Fire Chief.
Article 4: MANAGEMENT RIGHTS
The authority of the City includes 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; relieve its employees from duty because
of lack of work or for other legitimate reasons; maintain the efficiency of work or for other legitimate reasons;
maintain the efficiency of governmental operations; determine the methods, means and personnel by which
government 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 exercise and retention of such rights does not
preclude employees or their representatives from meeting and conferring on the effects that decisions on these
matters may have on wages, hours and working conditions.
Article 5: SALARIES
The salary ranges for unit classifications shall be set to the closest rage that ensures a minimum salary differential
between unit classifications as follows:
Between Captain and Battalion Chief 15°l0
Between Battalion Chief and Deputy Chief 21%
Between Deputy Chief and Chief 13%
A. Effective July 1, 2012, there shall be elimination of the furlough-based hour salary deductions provided for in
the EXTENSION AGREEMENT signed 01/12/10.
B. There shall be a 3% base salary increase effective the first payroll period commencing on or after July 1,
2015. There shall be a 3% base salary increase effective the first payroll period commencing on or after July
1, 2016.
Article 6: RETIREMENT
A. Concurrent with City Council adoption of the 2012-2015 MOU, unit members hired prior to City Council
adoption of the 2012-2015 MOU, shall pay 4.5% of "compensation" as defined in the Government Code,
representing 50% of the required 9% member's normal contribution to CaIPERS. These contributions shall,
at the time of termination, belong to the employee. (See Section E, below.)
B. Effective July 1, 2013, unit members hired prior to City Council adoption of the 2012-2015 MOU shall pay an
additional 4.5% of "compensation" as defined in the Government Code, equaling the full 9% of member
employee contributions to CalPERS. These contributions shall, at the time of termination, belong to the
employee. (See Section E, below.)
C. All unit members hired on or after City Council adoption of the 2012-2015 MOU, but prior to January 1,
City of Redlands&Redlands Association of Fire Management Employees MOU—2015-2017 Page 3
2013, shall pay the 100% of "compensation" as defined in the Government Code, as and for the required
member normal contribution to CalPERS. These contributions shall, at the time of termination, belong to
the employee.
D. Only as to unit members hired prior to January 1, 2013, the City shall provide the following provisions in its
contract with the PERS retirement system:
1. 3% @ 50 Retirement Formula
2. Survivor Continuance
3. Highest Single Year
E. AB 340:
1. AB 340 (signed by the Governor on 09/07/12,) shall in its entirety be given full force and effect as it may
from time to time exist, during and after the term of the 2012-15 MOU, as described below. Any
provision in the 2012-15 MOU which contradicts any provision of AB 340, shall be deemed null and void,
with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB
340 shall be deemed to impair any provision of the 2012-15 MOU or any MOU, Agreement, Rule or
Regulation predating the 2012-15 MOU.
2. Unit employees newly employed by the City on and after January 1, 2013, shall individually pay an initial
Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which
said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution
rate of similarly situated employees, whichever is greater. (AB 340—Government Code section 7522.30)
3. Unit members employed by the City prior to both January 1, 2013 and the date of City Council adoption
of the 2012-15 MOU, shall individually pay the Government Code section 20678 CALPERS Local Safety
Member Contribution as follows:
a. Concurrent with City Council adoption of the 2012-15 MOU, 4.54✓ of "compensation" as defined in
the Government Code;
b. July 1, 2013, 9%of"compensation" as defined in the Government Code;
c. As regards the funding described in (a) and (b) directly above, the City shall report to CALPERS as
compensation, only the percent of the Member contribution funded by the City. Thus, the reporting
shall be in the amount of 4.5% concurrent with City Council adoption of the 2012-15 MOU and 0%
effective July 1, 2013 and after.
d. Unit members who are new City employees on and after January 1, 2013, shall be enrolled in the AB
340 provided for SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 7522.25(e),
with final pensionable compensation (as defined for new members in Government Code § 7522.34)
being determined by reference to the highest average annual pensionable compensation earned
during a period of 36 consecutive months. (Government Code §7522.32(a).)
F. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a
pre-tax basis.
Article 7. MEDICAL INSURANCE
As to employees hired prior to City Council adoption of the 2012-2015 MOU, the provisions of A, 8, and C shall be
effective commencing January 1, 2013:
A. The City shall contribute up to the 2013 family rate of the PERS Choice plan for "Other Southern California
Region" for medical insurance premiums for employees in the unit and their eligible dependents under the
Public Employees Retirement System (PERS) according to their dependent election.
B. The City and the employee shall each fund future premium increases at the employee and each dependent
level in a 50/50 proportion.
C. Unit employees opting out of City medical coverage shall receive $350 per month upon written proof of
additional coverage.
D. Only as to employees hired on and after City Council adoption of the 2012-2015 MOU, the City shall
contribute to employee and eligible dependents the following:
E. The City will contribute a maximum monthly health insurance contribution of three hundred and ninety-
seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on
City of Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 4
September 5, 1989. Additionally, the City will contribute on a monthly basis an additional amount for active
employees to purchase/contribute toward medical insurance premiums according to their dependent
election as follows:
CovERAGE LEvEL BASE ADDITIONAL TOTAL CITY
CONTRIBUTION AmouNT CONTRIBUTION
EE Only $397 $3 $400
EE + 1 Dependent $397 $203 $600
EE + Family $397 $403 $800
F. Any amount of the health allotment not utilized by the employee to purchase medical insurance will be
placed in an individual Health Retirement Account("HRA").
G. RETIREE HEALTH - Applicable only to unit members hired prior to City Council adoption of the 2012-2015
MOU, upon service or disability retirement under the PERS retirement plan, or in the event of the death of
an employee prior to retirement, employees who have served a minimum of fifteen (15) years of services
with the City of Redlands, shall be provided with lifetime health insurance. This health insurance shall be at
no cost to the retired employee and shall cover the employee and eligible dependents. The plan shall be
equal to that provided from time to time to fulltime employees. Lifetime health insurance includes medical,
dental, vision care as provided in the unit MOU. Unit members hired on and/or after City Council adoption
of the 2012-2015 MOU, shall be ineligible to receive this post-retirement benefit.
Article 8: VISION CARE
The City shall reimburse Association members up to $225.00 every fiscal year for the purchase of prescription
frames and lenses and/or contact lenses.
Article 9: DENTAL INSURANCE
The City shall pay the full monthly premium for dental insurance under the Principal Financial dental plan, or its
equivalent,for Association members and all eligible dependents.
Article 10: Lu,,E INS URANCE
The City provides Association members with $25,000 of life insurance. Employees may also purchase additional
increments of life insurance at the City's group rate.
Article 11: DEFERRED COMPENSATION
Each April, the City of Redlands shall make an annual contribution to deferred compensation on behalf of each
Association member in the amount of$800 per year+ 1%of gross annual salary.
Article 12: ' EDUCATIONAL INCENTIVE
Association members are eligible for an educational incentive in the following amount: 7.5% of base salary for an
Associate's degree; 10%of base salary for a Bachelors degree.
Article 13, UNIFORMALLOWANCF
Association members shall receive a uniform allowance in the amount of$500 per year.
Article 14: LONGEVITY PAY
Employees in the unit with twenty (20) years of continuous service with the City of Redlands shall be compensated
with an additional five-percent (5%) increase in base salary following the completion of their 20th year.
Article 15: SHIFT DIFFERENTIAL PAY FOR FIRE MEMBERS
City of Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 5
The Fire Chief, Deputy Fire Chief and the Fire Battalion Chiefs who are assigned to a forty (40) hour workweek (or
9/80 schedule) shall be compensated at seven and one half percent (7.5%) times the base hourly rate for Shift
Differential Pay. This benefit does not apply to Battalion Chiefs who are assigned to the twenty-four (24) hour shift
work schedule.
Article 16. HOLIDAYS
A. The City of Redlands currently observes the following holidays, established by Resolution:
New Year's Day January 1
Martin Luther King,Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran's Day November 11th
Thanksgiving Day Fourth Thursday in November
Friday after Thanksgiving Day Fourth Friday in November
Christmas Day December 25th
B. Christmas Eve shall be observed as a holiday when Christmas falls on Tuesday, Wednesday, Thursday, or
Friday.
C. In lieu of the above, Shift Battalion Chiefs shall be compensated with fourteen 12-hour holidays per year.
This compensation shall be based on 5.54 hours per 14-day pay period.
D. In addition, Association members shall receive two (2) floating holidays annually. Fire Battalion Chiefs
assigned to a twenty-four (24) hour schedule shall receive two (2) twelve (12) hour floating holidays.
Floating holidays accrued but not used shall be paid in January of the following year.
Article 3 7: SICK LEAVE
Section 17.011: ACCRUAL
Association members who work a forty (40) hour week shall accrue sick leave at a rate of 3.7 hours per pay
period. Shift employees shall accrue sick leave at a rate of 5.6 hours per pay period; sick leave shall be taken in
twenty-four(24) hour shifts.
Swction 17.021LEAVE BUY-BACK PROGRAM
Association members may accumulate sick leave from calendar year to calendar year to an unlimited amount, or
participate in the City's Sick Leave Buy Back program. In order to participate in the buy-back, the employee
must have a minimum of 96 hours of sick leave on the books. In November of each year, Association members
may elect to be paid cash at their current hourly rate in accordance with the schedule below, less any sick leave
hours used during that period.
YEARS OF MAximum Buy-BACK
SERVICE HOURS PER YEAR
2-6 48
7 56
8 64
9 72
10 80
11 88
12 96
City of Redlands&Redlands Association of Fire Management Employees MOU-20152017 Page 6
SHIFT PERSONNEL:
YEARS OF Buy-BACK
SERVICE •
2-7 24
8 48
9 72
10 96
11 120
12 + 144
Srli���i I .I1 ACCRUAL PAY"MEArT 1/1,0A RE7II
A. Upon service or medical retirement under the PERS retirement plan, or in the event of the death of an
Association member prior to retirement, members with less than fifteen (15) years service with the City may
elect one of the following options for payment of unused sick leave:
1. Convert all remaining sick leave accrued at the time of retirement to cash value at the final rate
of pay and apply said cash value to applicable premiums payable under the City's medical
insurance program for the Association member and eligible dependents until the cash value is
exhausted. In the event that the member dies prior to exhaustion of the cash value of said
benefits, the remaining cash value may be applied towards the premiums of covered
dependents until exhausted, subject to the conditions and limitations of the applicable
insurance policy.
2. At the time of service retirement, disability retirement, or at the death of an active member,
one hundred percent (100%) of accrued sick leave may be cashed out at the prevailing hourly
rate.
3. At the time of retirement or disability retirement extend service credit equal to one hundred
percent (100%) of accrued sick leave on the books.
B. In addition, effected members also have the option of being compensated for unused sick leave on the
books at the time of retirement by either option A2 or A3 above.
I i o n? 17.04: PA I'll IENT UPO;V.SEPAI?A 110NV
Upon separation from the City, members may elect to be paid all accumulated leave in one lump sum or over a
period not to exceed 60 months. These funds may be banked in value until exhausted.
Article 18: DEFINED CONTRIBUTION& CONTRIBUTION PLANS
A. The City shall make available to Association members a qualified 401a,401 Defined Contribution, Defined
Distribution plan(s) and a Retirement Health Savings Plan, as allowed by law. All programs shall be
structured in accordance with the latest IRS rulings.
B. For Association members electing to have the accrued buy back amounts placed into a qualified plan, the
City shall make the deposit into the appropriate account on a pre-tax basis.
Article 19; VAr.1tT/oN
A. Vacation shall accrue for Fire Administration members based on the following schedule:
YEARS OF SERVICE HOURS
1- 5 80
6- 7 120
8- 9 128
10- 11 136
City of Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 7
12 - 13 144
14- 15 152
16 -20 160
21 168
22 176
23 184
24 192
25 200
B. Vacation shall accrue for Association members on the 24-hour shift based on the following schedule:
1 -5 5
6-7 6
8-9 7
10- 13 8
14- 15 9
16- 19 10
20+ 11
Article 20: L3EREAVEi11E.N1'Li;Avi'
In the event of the death in the immediate family, Association members shall be compensated with two (2) days
paid leave. In addition, eligible employees may be allowed to use accrued sick leave with full pay not to exceed
three (3) days.
Article 21: Pl,RSONAI. LEAVE
Association members may use up to a maximum of eight (8) hours of accrued sick leave per year for personal leave,
subject to advance approval by his/her supervisor.
Article 22: EXL'C1JTIvELE11VE
Association members (with the exception of the shift B.C.'s, who are ineligible) shall receive one hundred (100)
hours of executive leave annually. This leave must be used within the calendar year, or it will be removed from the
books as of December 311t of each year.
Article 23: COMPENSATORY PATE 011,AND OVERTIME
A. Forty (40) hour Chiefs are exempt from the requirements of the FLSA and therefore ineligible to accrue
compensatory time off or earn overtime pay at 1 Y2 times their hourly rate. Fire Battalion Chiefs shall earn
overtime at time and one half for those hours worked in excess of fifty-three (53) hours in one week, only
when assigned to and actually working as suppression shift personnel. Fire classifications eligible'to receive
Compensatory Time shall have a maximum accrual of two hundred-forty(240) hours.
B. Association members ineligible to receive overtime compensation may receive overtime pay at time and one
half of salary in certain situations ONLY if the hours are reimbursed by a third party, such as reimbursable
mutual aid calls or billable contracts.
C. Computation of overtime for eligible employees shall exclude time paid for holidays, vacation, sick leave,
military leave,administrative leave,workers' compensation, and compensatory time off.
D. Compensation for overtime for eligible employees shall be paid the payday following the seven (7) day work
period in which the overtime is earned.
fli1icle 24: 1V0R1C66EEli
Association members may be eligible to work a 4/10 schedule. This schedule shall be approved by the Fire Chief.
City of Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 8
Article 2S: FIR BATTALION CIiIEFSTA FFING
The City agrees that a minimum of one (1) Battalion Chief shall be on staff per twenty-four(24) shift.
Article: 26: No STRIKF PROVISIONS
The Association agrees that it shall not authorize, instigate, aid, condone, or engage in any strike which will interrupt
or interfere with the operation of the City. The City places the Association on notice of its intention and right to
terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes
with the operation of the City.
Article27: PREVAII 1r4'G BI:A`EF17:S
All terms and conditions of employment set forth in the MOU, including past practices defined as such by prevailing
law and which clarify the meaning of a contract provision, will remain in full force and effect for the term of the
agreement unless modified by mutual agreement of the parties. All other matters affecting terms and conditions of
employment and which constitute actual past practices defined as such by prevailing law, shall be subject to change
during the tem of this MOU either by mutual agreement or by virtue of the meet and confer process and any
applicable impasse resolution procedures being completed.
Article 213: S.,i vINGs CL1wsi:
Should any provision of this agreement or the application of such provision be rendered or declared invalid by any
court action or by reason of any existing or subsequently enacted legislation, the City and Association shall meet and
confer immediately upon what constitutes an equivalent benefit to that which was determined to be unlawful. Such
equivalent benefit will be implemented retroactive to the date the old benefit ceased. The remaining parts or
portions of the Agreement shall remain in full force and effect.
Article 29: EQIILVALL'N'L'BF.NEFITS
If during the term of this agreement, another Redlands safety unit negotiates an increase to compensation in the
following areas: base salary, tuition reimbursement, education incentive or leave accrual, such terms shall become
applicable to Association members who shall receive an equivalent increase in compensation, only if the change in
compensation results in a net increase in total compensation (i.e. the value of City provided benefits) to any unit
member in the other safety unit.
Article 30: DE'ATN OF EmPLOYLL'
A. If an employee dies while on duty, the City shall calculate compensation for the entire shift. The eligible
dependents of deceased employees shall be entitled to benefits as follows:
1. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or
compensated according to the eligibility requirements stated in the current MOU.
2. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum
of five (5)years of service with the City),the City shall calculate and/or compensate benefits in the same
manner as an employee service retirement.
Article 31: DROP PROGRAM
Should the Deferred Retirement Optional Program (DROP) become available, upon the request of RAFME, the City
agrees to meet regarding the possible implementation of the program.
City of Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 9
Article 32: SIGNATUf,I s
REDLANDS ASSOCIATION OF FIRE MANAGEMENT
CITY OF REDLANDS
EMPLOYEES
J s Top# s i, President Date
Paul Foster, Mayor Date
No Signature
Attest: Richard A. Thomas, Union Date
Representative
Sam Irwin, Edy erk Date
Cityof Redlands&Redlands Association of Fire Management Employees MOU-2015-2017 Page 10