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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY
ESTABLISHING WAGES, BENEFITS, AND OTHER TERMS FOR THE
UNREPRESENTED POSITION OF CAREER FIRE CAPTAIN
WHEREAS, the City of Crescent City has recently created the paid Fire Department position of Career Fire Captain (referred to herein as “Career Fire Captain” or “Employee(s)”); and
WHEREAS, these new positions are not currently represented by any employee organization as they are brand new to the organization and do not fit within any existing employee association; and
WHEREAS, it is necessary to establish wages, hours and working conditions separate and apart from those created by MOUs with associations of represented employees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, California, that the following wages, benefits and terms of employment are established for the position of Career Fire Captain within the Fire Department:
1. COMPENSATION.
1.1 FY 2022-2023 Wages. The following pay schedule is based upon the annual salary for Career Fire Captain within the Fire Department working 2,912 regularly scheduled working hours (48/96 schedule).
Career Captain
Step 1 Step 2 Step 3 Step 4 Step 5
Annual1 $65,618 $68,899 $72,344 $75,961 $79,759
Biweekly2 $2,523.77 $2,649.96 $2,782.46 $2,921.58 $3,067.65 Blended Hourly
Rate @ 29123 $22.53 $23.66 $24.84 $26.09 $27.39
Base Hourly
Rate @ 27564 $21.95 $23.05 $24.20 $25.41 $26.68
OT Hourly $32.93 $34.58 $36.30 $38.12 $40.02
1Annual salary based on 2756 hrs @ straight time and 156 hrs @ OT rate. 2Annual salary divided into 26 pay periods per year.
3Blended hourly rate based on 2756 hours @ straight time and 156 @ OT annually. 4This is the base salary that is used to calculate special pay, overtime, etc.
1.2 Pay Step Progression. Career Fire Captains will move through the pay steps according to the following specifications.
STEP ONE Entry Level / Probationary Status.
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STEP TWO Twelve months of service as Career Captain and achievement of permanent status; Possession of EMT-1
certification; meets or exceeds job standards for
classification.
STEP THREE Twelve months of service at Step Two; meets or exceeds job standards for classification and recommendation of Fire Chief.
STEP FOUR Twelve months of service at Step Three; meets or exceeds job standards and recommendation of Fire Chief.
STEP FIVE Twelve months of service at Step Four; meets or exceeds job standards and recommendation of Fire Chief.
HIRING DISCRETION: The City Manager, upon recommendation of the Fire Chief, may approve hiring an individual at a step higher than Step One if it is determined that they possess the experience and qualifications to justify such a placement.
1.3 Pay Period. The pay period for Employees will be from 8:00 a.m. Sunday through 7:59 a.m. the second Sunday thereafter. Employees must be paid within 5 working days after the conclusion of the pay period. Employees will be paid biweekly on every other Friday.
1.4 Work Period. The work period is 24 days. Each Employee will be regularly scheduled to work 192 hours in each work period.
1.5 Overtime. Employees are partially exempt under Section 7(k) of the Fair Labor Standards Act (FLSA) and will earn overtime at the rate of 1.5 times their “regular rate of pay” (as defined by the FLSA) for every hour worked in excess of 182 hours during the 24-day work period. Paid leave time (Holiday Pay, Vacation, Sick Leave, etc.) will not count toward the Employee’s total work period hours for overtime liability purposes.
1.6 Probation. The standard probation period for Employees will be 12 months from the date of hire. The probationary period can be extended at the discretion of the Fire Chief and approval by the Human Resources Manager.
A performance evaluation will be done every 6 months while an Employee is on probation.
1.7 Holiday Pay. City recognizes 12 Holidays at 8 hours each at the Employee’s base hourly salary as shown in paragraph 1.1. As safety personnel, Career Fire Captains are not able to take Holidays off from work. Therefore, the 96 hours of Holiday Pay will be paid out 3.69 hours per paycheck at the CRESCENT CITY RESOLUTION NO. 2022-XX Page | 3
Employee’s base hourly rate. Holiday Pay hours will not count toward the Employee’s total work period hours for overtime liability purposes. Holiday Pay will not be reportable to PERS.
1.8 Longevity. For purposes of computing years of service, the date of hire as a Career Captain with the City will be used for qualification.
Length of Service Longevity Pay
10 years 5% of base salary
20 years 5% of base salary
1.9 Special Pays. The following special pays are available as an incentive for Employees to gain the knowledge, skills, and expertise, which have been determined to be highly desirable by the City.
a. Bilingual Pay. Employees that are fluent speakers in Spanish or Hmong and who use their bilingual skills on a continuing basis qualify for bilingual pay in the amount of $65.00 per pay period (biweekly). Use of bilingual skills includes any combination of conversational, interpretation or translation work. The requirements for certification shall be as determined by the Fire Chief in consultation with the Human Resources Manager.
b. Paramedic Pay. Employees that possess a valid Paramedic License will be entitled to a special pay of 5% of their base salary so long as the license is valid.
c. Fire Mechanic Pay. Employees that possess a valid Fire Mechanic Certification will be entitled to a special pay of 10% of their base salary so long as the certification is valid.
d. Fire Fighter 1 Certification Pay. Employees that possess a valid Fire Fighter 1 Certification will be entitled to a special pay of 5% of their base salary so long as the certification is valid.
2. BENEFITS
2.1 PERS Program
A. Classic Members: City will maintain a two percent (2% at age Fifty (50)) PERS Retirement Plan for permanent Employees who meet the PERS definition of “classic member”, by paying the PERS employer contribution.
Classic members will pay a 9% member contribution rate to PERS as well as the additional contribution per bi-weekly pay period for the ’59 Survivor’s Continuance Benefit. The retirement benefit calculation for classic members CRESCENT CITY RESOLUTION NO. 2022-XX Page | 4
will be the thirty-six highest paid consecutive months’ compensation provision.
B. New Members: The City will maintain a two and seven-tenths percent (2.7%) at age 57 PERS Retirement Plan for permanent Employees who do not meet the PERS definition of “classic member” by paying the PERS employer contribution rate. New members will pay 50% of the total annual normal cost of pension benefits for PERS retirement, rounded to the nearest one quarter of one percent, or the current member contribution paid by similarly situated classic members, whichever is greater, up to 12%. The retirement benefit calculation for new members who are not transferred from a CalPERS or CalPERS reciprocal agency or who have a break in service of six (6) months or longer will be the thirty-six highest paid consecutive months’ compensation provision.
C. Pre-Tax: Both classic members and new members will pay their retirement contributions “pre-tax” in accordance with Internal Revenue Code Section 414(h)(2).
2.2 Deferred Compensation. The City will make available to Employees a payroll deduction to allow the Employees to participate in the International City Management Association Retirement Corporation’s Deferred Compensation Program. These contributions will be made by Employees on a strictly voluntary basis.
2.3 Unemployment Compensation. The City will pay for unemployment compensation coverage for the Employees at the rate required by the California Employment Development Department (EDD). Upon resignation from the City, the Employee must provide to the City a statement as to the reason for their resignation and their authorization for the City to release said information to the EDD upon a request for information regarding an unemployment claim.
2.4 Workers’ Compensation. The City will pay for workers’ compensation coverage for Employees in accordance with California State law.
2.5 Wellness Incentive. The City will reimburse each Employee up to $360.00 annually for participation in wellness-related activities. Qualifying wellnessrelated activities are gym/health club memberships, fitness training instruction, fitness /exercise class, including mobile applications or online courses. The purpose of this program is to reduce workers’ compensation claims. Employees must submit receipts for reimbursement on a quarterly basis throughout the fiscal year. Reimbursement for qualifying expenses will be made to the employee no later than fourteen (14) days after submission of the qualifying receipt.
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2.6 Reimbursement for Damaged Property. Employees shall, in proper cases, be reimbursed for the repair or replacement of personal property damaged in the line of duty without fault of the employee. The amount of reimbursement for articles of clothing will be the depreciated value based on the age and condition of the article. The amount of reimbursement for other personal property covered by this provision will be the actual replacement value, except that the reimbursement on a watch may not exceed its functional value and the limit on eyeglasses will be the cost of lenses, plus the cost of basic frames. Jewelry is not covered.
2.7 Uniforms and Boots. The City will provide each Employee with the required uniforms, including uniform shoes or boots at no cost to the Employees.
Uniforms that are damaged in the line of duty or worn out due to normal wear and tear will be replaced by the City. The final determination as to the replacement of any uniforms is left to the sole discretion of the Fire Chief.
2.8 CSFA Membership. The City will pay for membership for each Employee in the California State Firefighters’ Association.
3. Health and Welfare Insurance
3.1 Employer Contribution for CalPERS Health Insurance. The City will pay the minimum mandatory contribution amount specified by CalPERS pursuant to Government Code 22892(b) toward the cost of the CalPERS Health Insurance Premium for both active Employees and annuitants.
3.2 Flexible Benefit Plan. Employees are eligible to participate in the City’s flexible benefit plan for health benefits, which includes the following:
a. The City will additionally cover the difference between the amount in subsection 3.1 and 100% of the premium for the Employee (“Single”) under the CalPERS Gold health plan.
b. The City will cover 80% of the cost of 2-Party or Family premium for the CalPERS Gold medical plan that is over and above the cost of the Single premium.
c. If an Employee chooses the CalPERS Platinum plan, the City will cover the amounts identified in paragraphs (a) and (b), as applicable, and the Employee will be responsible for the remainder.
d. The City will pay 100% of the Employee premium costs for vision insurance, dental insurance, and air ambulance insurance. e. In order to be excluded from the requirement for the CalPERS Gold Health Plan, the Employee must submit verification of enrollment in a group health plan that provides equivalent alternate coverage as required by the Patient Protection and Affordable Care Act.
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f. Full-time regular Employees who opt out of City’s health plan due to enrollment in a qualifying group health plan (under the Affordable Care Act) will receive a $700 per month cash-in-lieu benefit payment.
3.3 Life Insurance. The City will provide each Employee with a term life insurance policy in an amount equal to 1.5 times the Employee’s annual base salary rounded up to the nearest whole thousand-dollar figure at no cost to the Employee.
3.4 Long-Term Disability Insurance Coverage. The City will provide each Employee with long-term disability insurance coverage at no cost to the Employee. The long-term disability insurance coverage currently includes an additional $5,000 life insurance policy.
3.5 Benefits During Medical Leave (FMLA and CFRA). An Employee taking family or medical leave will be allowed to continue participating in any health and welfare benefit plan in which they were enrolled before the first day of leave (for a maximum of 12 workweeks) at the level and under the same conditions of coverage as if the Employee had continued in employment for the duration of such leave. Group health insurance coverage will be continued in the same manner for up to 16 weeks for Employees disabled due to pregnancy, childbirth or related medical condition. The City will continue to make the same premium contributions as if the Employee had continued working. The continued participation in health benefits begins on the date leave first begins under the Family Medial Leave Act (FMLA) or under the California Family Rights Act (CFRA). Employees should notify Human Resources at 707.464.7483 ext. 233 as soon as possible regarding medical leave needed for their serious health condition or that of a family member.
3.6 Termination of Benefits. Employee medical benefits end on the first day of the second month following the date of separation or loss of eligibility.
Employee dental and vision plan coverage will end on the last day of the month following the Employee’s date of separation or loss of eligibility.
4. LEAVES & ABSENCES
4.1 Sick Leave Accrual. Employees covered under this resolution will accrue 4 hours of sick leave biweekly. Employees may accrue a maximum of 1000 hours of sick leave. Employees whose available sick leave accrual equals or exceeds 1000 hours at the end of a biweekly pay period shall, for the next pay period and any subsequent pay periods until the accrual is below the maximum of 1000 hours, will not accrue any additional sick leave.
4.2 Sick Leave Utilization. Employees may utilize accrued sick leave after their first month of employment. Sick leave with pay will be granted upon the approval of the Fire Chief in the case of a bona fide illness, or a diagnostic CRESCENT CITY RESOLUTION NO. 2022-XX Page | 7
medical procedure, dental procedure, ophthalmology service when provided by a duly licensed practitioner.
a. Sick leave also applies to absences during pregnancy that are caused by illness due to pregnancy or the attending physician’s order that the Employee is unable to work due to the pregnancy. All situations involving pregnancy disability will be addressed in accordance with the provisions of the Family Medical Leave Act (FMLA) and the current state Pregnancy Disability Leave (PDL) laws. An eligible employee may take sick leave I the event of a serious illness or medical condition for a member of the employee’s immediate family. The employee may be required to file a physician’s or dentist’s statement, or a personal affidavit with the Human Resources Manager stating the cause of absence before such leave with pay will be granted. For purposes of this section, immediate family is defined as:
i. a child (biological, adopted, or foster child, stepchild, legal ward, or child to whom the employee stands in loco parentis, regardless of the age or dependence status);
ii. a biological, adoptive or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
iii. a spouse;
iv. a registered domestic partner;
v. a grandparent;
vi. a grandchild; or
vii. a sibling.
b. In the event a scheduled medical or dental appointment for the eligible employee’s immediate family that requires the employee’s absence from work, the employee may use sick leave.
c. In the event of a voluntary or involuntary transfer of any employee within the City, the employee’s leave credits will also be transferred in their full amount.
d. The City has entered into an agreement with the PERS whereby accumulated sick leave is converted to additional service credit upon retirement.
e. In the event of a voluntary or involuntary separation from employment, the Employee will forfeit all accumulated sick leave, except that it may be converted to service credit under the City’s PERS contract.
4.2 Vacation Accrual. Employees will accrue vacation time biweekly in accordance with the following schedule:
Length of Service Biweekly Accrual Rate
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Months 1 – 12 4.00 hours
Months 13 – 120 5.23 hours
Months 121 and beyond 6.15 hours
4.3 Vacation Utilization. Employees may not accrue vacation beyond 400 hours. Vacation leave will not be granted to an Employee until they have completed 6 months of service with the City. Upon voluntary or involuntary separation from employment, the Employee will be compensated for all accrued vacation leave.
4.4 Vacation Cash-Out. Employees have the option to cash-out up to 40 hours of accrued vacation leave every 6 months. In order to exercise this option, the Employee must have a minimum balance of 240 hours of accrued vacation at the time of the cash-out request. In addition, the Employee must have used at least 40 hours of vacation in the previous 12-month period. Any vacation leave cash-out will be subject to budget availability and the approval of both the City Manager and Finance Director.
4.5 Bereavement Leave. Permanent employees are eligible for bereavement leave for a maximum of three (3) workdays per incident with pay. Upon prior approval of the Fire Chief, the Employee may utilize bereavement leave upon the death of an immediate family member. Should additional time be necessary, the employee may utilize two (2) sick leave days. The Fire Chief may approve the employee’s utilization of vacation if additional time is required.
4.6 Jury Leave. Employees are eligible for jury leave when called by the court to serve as a juror. Employees will receive their normal compensation so long as the City is reimbursed by the Employee for all juror fees received. The Employee must provide to the Fire Chief a copy of the summons, notice, or subpoena directing the employee to report to court for jury duty. If an Employee reports for jury duty and learns that their services are not needed that day, the Employee must return to work for the balance of their regular work shift.
4.7 Court Leave. Employees who are subpoenaed or noticed by the court or an officer of the court to appear in court as a witness associated with their duties as an Employee of the City, will be granted court time leave with pay. If the required appearance is outside of the normal work shift for the Employee, then they will receive pay for the hours spent appearing in court.
4.8 Military Leave. Employees will be provided with military leave in accordance with California law.
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4.9 Leave to Vote. In accordance with California Elections Code Section 14000, Employees will be given 2 hours of paid time to vote if they are working on election day and cannot vote outside of their work hours. Employees must notify the Fire Chief at least two days in advance of the need to for time off to vote.
4.10 Parenting Leave. Parenting leave will be considered leave without pay and provided in accordance with applicable federal and state laws; specifically, Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) laws for the birth or adoption of a child or placement of a foster child. In the event that an employee does not meet the eligibility requirements for FMLA n9r CFRA, an unpaid leave of absence may be approved by the Fire Chief and the Human Resources Manager. Use of sick leave may not be taken for parenting leave purposes.
4.11 Admin Leave With / Without Pay. Permanent Employees are eligible for a leave of absence, with or without pay, upon the approval of the Fire Chief and the City Manager. Leave with pay may be provided to an Employee when the City Manager finds it to be in the best interest of the organization, such as pending a disciplinary investigation. Leave without pay may be provided to an employee when it is requested by the Employee due to one of the following reasons:
a. educational purposes;
b. long-term illness and/or pregnancy;
c. death of a family member;
d. natural disasters and family emergencies;
e. other emergencies personally affecting Employee;
f. extended maternity / paternity leave.
Except in the case of natural disasters, the Employee must obtain prior written approval stating the reasons for the leave request (a-f above) and the expected duration of such leave, which may not be approved for periods in excess of thirty (30) days. Although such unpaid leave is potentially available, it is not guaranteed as operational efficiencies must be considered.
4.12 Return to Work Requirements. Failure of an Employee to return to work on their next regularly scheduled shift following the last day of their approved leave without prior notice and approval from the Fire Chief, will be considered a voluntary resignation of the Employee.
4.13 Determination of Continuous Service. An Employee’s service will be considered continuous while the Employee is on an approved leave with pay CRESCENT CITY RESOLUTION NO. 2022-XX Page | 10
so long as the Employee returns to work on the required return-to-work day.
Upon re-employment from an involuntary layoff or an expiration of a leave of absence without pay, the Employee’s previously accrued sick leave credits will be restored. Employees returning from a voluntary resignation will not receive any credits by virtue of their previous employment toward any leave accrual or restoration. In the event of a voluntary or involuntary transfer an Employee with the City, the Employee’s leave credits will be transferred in their full amounts.
4.14 Absence Without Authorization. When an Employee is absent without authorization or prior notice from a shift, said Employee will be subject to discipline. When an Employee is absent without authorization or prior notice for two (2) or more consecutive shifts, said Employee will be deemed to have voluntarily resigned from employment with the City.
4.15 Reporting Time. Employees will have one-quarter (1/4) of one hour reduced from their pay for each fifteen minutes they report to work later than their scheduled starting time. Tardiness will result in disciplinary action. Employees will also have one-quarter (1/4) of one hour reduced from their pay for each fifteen (15) minutes for which the Employee leaves work early. Employees leaving early without prior authorization of the Fire Chief will be considered refusal to work and be grounds for disciplinary action.
5. DISCIPLINE
5.1 Procedures. Discipline will be carried out in accordance with the Firefighters Bill of Rights, the City’s Employer-Employee Relations Rules, Department Policies, the City’s Discipline Policy, and this resolution.
6. WORK INJURIES, WORKERS’ COMPENSATION
6.1 Medical Treatment. Whenever an Employee sustains and injury or disability arising out of an in course of employment requiring medical treatment, the Employee must obtain such treatment pursuant to the appropriate California Labor Code sections.
6.2 California Labor Code 4850 Benefits. Whenever an Employee who is eligible for benefits under California Labor Code 4850 is compelled to be absent from duty by reason of injury or disease arising out of and in the course of employment, the Employee will be compensated and placed on leave pursuant to California Labor Code Section 4850.
7. SHIFT POLICY & SCHEDULING
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7.1 Shift Policy. Employees will work a 48/96 schedule where each Employee is scheduled to work two (2) 24-hour shifts followed by four (4) twenty-four hour shifts off (based on the standard A,B,C Platoon schedule).
7.2 Scheduling. The Fire Chief will have ultimate control over the schedule and can re-assign shifts or start times as necessary for the efficient operation of the department. Any shift exchanges or shift swaps must be approved by the Fire Chief. Approval will be in the sole discretion of the Fire Chief who shall take into consideration the operational efficiency of the Department as well as any potential overtime costs.
7.3 Holdover. If an Employee is held over from their regularly scheduled shift by the order of the Fire Chief, then they will be compensated at the rate of 1.5 times their regular rate of pay for each 15-minute increment actually worked.
An Employee may be held over by order of the Fire Chief for up to 24 hours.
7.4 Emergency Call-Back. If an Employee is called back to duty by the Fire Chief to respond to an emergency, then they will receive at least two hours’ work or two hours’ pay if two hours work is not required. The Employee will be compensated at 1.5 times the Employee’s regular rate of pay. The time worked will begin when the Employee arrives at the work site. If the call-back assignment lasts more than two hours, then the Employee will be compensated in increments of 15 minutes for the time actually worked.
8. MISCELLANEOUS PROVISIONS.
8.1 Non-exclusive. Other City policies of general application (city-wide) or specific application (Fire Dept) may also apply. In the event that there is a conflict or inconsistency between two policies, this policy shall prevail.
8.2 Management Rights. By adopting this resolution, the City does not relinquish any employer management rights to the employees.
8.2 Conflicting Law. In the event that a federal or state law conflicts with any term of employment set forth in this resolution or any other City or Fire Dept. policy and said federal or state law is mandatory, then such federal or state law shall prevail over the conflicting policy.
8.3 Amendment. The City Council has the right to amend or modify the terms set forth herein as it deems necessary and appropriate for the efficient operation of the Fire Department.
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APPROVED and ADOPTED, and made effective the same day, at a meeting of the City Council of the City of Crescent City held on the day of 2022, by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jason Greenough, Mayor
Robin Altman, City Clerk