Agenda Report
Fullerton City Council
MEETING DATE: MARCH 15, 2022
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: JEFFREY W. COLLIER, ACTING CITY MANAGER
PREPARED BY: EDDIE MANFRO, INTERIM DIRECTOR OF HUMAN RESOURCES SUBJECT: TENTATIVE AGREEMENTS BETWEEN THE CITY OF FULLERTON AND FULLERTON FIRE MANAGEMENT ASSOCIATION, mUNICIPAL eMPLOYEES FEDERATION and FULLERTON MANAGEMENT ASSOCIATION
SUMMARY
Proposed Memorandums of Agreement (MOA) between the City of Fullerton and 1) Fullerton Fire Management Association (FFMA), 2) Fullerton Municipal Employees Federation (FMEF) and 3) Fullerton Management Association (FMA) reflecting tentative agreement on wages, hours and working conditions for City Council consideration.
RECOMMENDATION
Adopt the following resolutions:
RESOLUTION NO. 2022-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION DATED MARCH 8, 2022 RESOLUTION NO. 2022-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON MUNICIPAL EMPLOYEES FEDERATION DATED MARCH 8, 2022 RESOLUTION NO. 2022-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE FULLERTON MANAGEMENT ASSOCIATION PRIORITY POLICY STATEMENT DATED MARCH 9, 2022
PRIORITY POLICY STATEMENTS
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Public Safety
Infrastructure and City Assets.
FISCAL IMPACT
The following summarizes the fiscal impacts of the agreements:
Between the City and
Fiscal Year 2021-22
Fiscal Year 2022-23
FFMA
$38,000
$62,000
FMEF
$414,400
$1,218,100
FMA
$98,200
$272,100
The respective current budgets have adequate funding available for the cost during 2021-22 fiscal year.
DISCUSSION
The FFMA, FMEF and FMA agreements expired in July 2021 and have worked without an agreement in place since that time. The proposed tentative agreements presented for City Council consideration result from a negotiation process that has spanned several months with each bargaining group. The attached redline versions reflect specific changes to previous agreements with each unit showing new language bold print and deleted language in strike through. The following provdes a summary for each bargaining group.
Fullerton Fire Management Association
The FFMA represents employees that serve as Fire Battalion Chief, Fire Division Chief or Fire Deputy Chief. Employees in these roles serve in the shared fire command structure along with their counterparts in the City of Brea. There are currently three City of Fullerton employees in the shared fire command structure.
Highlights of the tentative agreement include:
A two-year term retroactive to July 2021 through June 2023.
A 2.25% across-the-board increase for all salary ranges in the unit effective July 10, 2021.
A 2.25% across-the-board increase for all salary ranges in the unit effective July 9, 2022.
Language authorizing the Fire Chief to designate the appropriate command staff upon the termination of the Brea-Fullerton Shared Command Staff Agreement.
Language agreeing to meet and confer with the FFMA over impacts if the City makes a decision to contract with the Orange County Fire Authority (OCFA).
Equivalency language should the Fullerton Firefighters Association (FFA) receive “Persable” compensation greater than 4.5% during the two-year term of the agreement. Any increase will become effective on the same implementation date that exceeds the 4.5% salary increase for the FFA or the first pay period following ratification of the FFA agreement in the event of a retroactive FFA increase.
The City will pay suppression overtime at top step Division Chief 56-hour rate (salary range 720).
The following provides a summary of the significant changes in the proposed MOA:
ARTICLE # PROVISION
The term of the Agreement shall be from July 1, 2021 through June 30, 2023. 4 Revise language providing the Fullerton Fire Chief the authority to designate the appropriate command staff structure for the Fullerton Fire Department in the event the shared command staff agreement with the City of Brea is terminated. 7 Implementation of a 2.25% across-the-board increase for salary ranges in the unit effective July 10, 2021 and a 2.25% across-the-board increase for salary ranges in the unit effective July 9, 2022. Language was included to provide salary equity should the Fullerton Fire Association receive an increase greater than 4.5% during the term of the agreement. 8 Eliminate language regarding the structure of Fire command staff in the event of the termination of the Shared Command Staff; language replaced by revision to Article 4. 10 Revised salary range and step for determination of overtime rate calculations for fire suppression duty overtime effective July 10, 2021. 12 Add language to provide an increase to the FFMA should the Fullerton Fire Association receive an increase to uniform allowance. 36 New Article – The City and the FFMA agree to meet and confer in good faith over any impacts if a decision to contract with the OCFA for fire services is made.
Fullerton Municipal Employees Federation
The FMEF is the largest bargaining unit representing City of Fullerton employees. Their members serve in approximately 300 positions, assigned to various non-sworn and non-management classifications in all departments of the City. Represented classifications include those such as: Maintenance Worker, Account Clerk II, Customer Service Representative, Parking Control Officer, Equipment Operator, Police Records Clerk, Permit Technician, Adult Services Librarian, Code Enforcement Officer, Construction Inspector and Civil Engineer.
Highlights of the tentative agreement include:
A two-year term retroactive to July 2021 through June 2023.
A 5.25% across-the-board increase for all salary ranges in the unit effective the first pay period after ratification and approval of MOA (March 19, 2022).
An increase to boot allowance from $200 per year to $250 per year.
An increase to the compensatory time balance cap from 100 hours to 160 hours.
Elimination of Article 57: Staffing.
Following is a summary of the significant changes in the Memorandum of Agreement.
ARTICLE # PROVISION
5 The term of the Agreement shall be from July 1, 2021 through June 30, 2023. 15 Implementation of a 5.25% across-the-board increase for salary ranges in the unit effective March 19, 2022. 17 Revise the compensatory time accumulation limit to 160 hours. 21 Revise the work boot allowance to $9.62 biweekly towards said purchases. 57 Elimination of Article 57 related to the conversion of regular position to nonregular status following routine attrition.
Fullerton Management Association
The FMA is the bargaining unit representing City of Fullerton non-sworn employees serving in various management positions throughout most departments of the City. Represented classifications include those such as: Utility Services Supervisor, Senior Librarian, Police Communications Supervisor, Accounting Supervisor, Water Systems Manager, Airport Manager, Senior Civil Engineer and Planning Manager.
Highlights of the tentative agreement include:
Two-year term, July 1, 2021 through June 30, 2023.
The addition of Step 6 for all FMA classifications that currently only have five steps, set at 5% above Step 5.
All members will be advanced one step with no change to the step increase review date as applicable.
Any employee that is already at Step 6 in a classification with six steps will receive a one-time lump sum equivalent to 2.5% of annual base salary. This currently applies to only one FMA member.
Revision to vacation conversion to eliminate the eligibility requirement of the use of 80 hours of vacation during the previous fiscal year and increase the number of hours eligible for conversion from 40 to 80.
Following is a summary of the significant changes in the proposed Memorandum of Agreement.
ARTICLE # PROVISION
The term of the Agreement shall be from July 1, 2021 through June 30, 2023. 3 Language to allow the meet and confer process for successor agreement to begin no sooner than six month prior to the expiration of the MOA and elimination of the date by which a request to negotiate must be made. 7 Changes to reflect implementation of Step 6 for all classes that currently only have five steps, established at 5% above the existing Step 5. In addition:
Each unit employee at Step 5 of their salary range shall progress to the new Step 6.
Each unit employee not at Step 5 shall be advanced one pay step. This advancement will not alter the employee’s Step Increase Review Date.
Each unit employee assigned to a range with six steps who is at Step 6 shall receive a one-time lump sum equivalent to 2.5% of their annual base salary. 28 Eliminate the provision that an employee must have used at least 80 hours of vacation time in the previous calendar year to cash out vacation time and increase the amount of time an employee can cash out to 80 hours per year.
The proposed agreements include amendments to reflect prior changes or outdated provisions, incorporation of provisions from a previously authorized side letter, clarified language, reference corrections and/or formatting changes.
Attachments:
Attachment 1 – PowerPoint Presentation
Attachment 2 – Tentative Agreement FFMA redline version Attachment 3 – Draft Resolution 2022-XX (FFMA)
Attachment 4 – Tentative Agreement FMEF redline version Attachment 5 – Draft Resolution 2022-XX (FMEF)
Attachment 6 – Tentative Agreement FMA redline version
Attachment 7 – Draft MOA Resolution 2022-XX (FMA)
Tentative Agreements with FFMA, FMEF and FMA
March 15, 2022