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020723 HR FFMA Side Letter Agenda Report

City Council - Successor Agency - Housing Authority
February 7, 2023

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020723 HR FFMA Side Letter Agenda Report
Meeting
February 7, 2023
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City Council - Successor Agency - Housing Authority
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Agenda Report
Fullerton City Council
MEETING DATE: FEBRUARY 7, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: EDDIE MANFRO, DIRECTOR OF HUMAN RESOURCES PREPARED BY: EDDIE MANFRO, DIRECTOR OF HUMAN RESOURCES
Laura Giannetti-Mercer, Human resources manager II
SUBJECT: PROPOSED SIDE LETTER TO MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF FULLERTON AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION AND CLASSIFICATION PLAN UPDATE RELATING TO BATTALION CHIEF

SUMMARY
Proposed Side Letter of Agreement between the City of Fullerton and the Fullerton Fire Management Association (FFMA) and proposed amendment to the City of Fullerton personnel classification plan revising the Battalion Chief classification and retitle as Fire Battalion Chief

RECOMMENDATION
Adopt the following resolutions:

RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY AND THE FULLERTON FIRE MANAGEMENT ASSOCIATION DATED JANUARY 31, 2023 RESOLUTION NO. 2023-XXX – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, UPDATING AND DELETING A CERTAIN CLASS SPECIFICATION IN THE PERSONNEL CLASSIFICATION PLAN AND AMENDING RESOLUTION NOS. 2022-029 (FULLERTON FIRE MANAGEMENT ASSOCIATION) APPENDIX A AND 2022-031 (FULLERTON MANAGEMENT ASSOCIATION) APPENDIX A FOR A UNIT MODIFICATION MOVING EMERGENCY MEDICAL SERVICES MANAGER FROM THE FULLERTON MANAGEMENT ASSOCIATION TO THE FULLERTON FIRE MANAGEMENT ASSOCIATION

CITY MANAGER REMARKS
None.

PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:

Fiscal and Organizational Stability
Public Safety.

FISCAL IMPACT
This item has no fiscal impact to the FY 2022-23 Adopted Budget for either the proposed side letter with the FFMA or the classification plan update because the Fire Department has budgeted for Emergency Medical Services Manager position and this item does not propose salary changes for the Fire Battalion Chief.

DISCUSSION
Side Letter
City Council approved the MOA between the City and the FFMA on March 15, 2022 and a Side Letter on March 29, 2022. The current MOA expires on June 30, 2023. The City and the FFMA are in negotiations for a successor MOA. However, the City needs a Side Letter to transfer a non-sworn classification (Emergency Medical Services Manager) from the Fullerton Management Association (FMA) to the FFMA.

Both the FFA and FFMA have agreed to this transfer and City staff believe that the transfer of bargaining units is appropriate, as this non-sworn classification resides within the Fire Department and performs duties compatible with the duties of other classifications in the FFMA. The Fire Department would like to recruit for this vital and vacant position as soon as possible. Approval of the proposed Side Letter would establish the basic compensation terms and staff can advertise accordingly Staff will fully incorporate the terms of the proposed Side Letter into the new MOA upon completion of negotiations for a successor MOA with the FFMA.

In summary, the proposed Side Letter includes the following provisions:

Adds language from the FMA MOA regarding retirement provisions for a non-sworn Miscellaneous employee.

Adds language from the FMA MOA regarding Workers’ Compensation provisions for a non-sworn employee.

Excludes the Emergency Medical Services Manager from the Assignment Pay provisions of the FFMA MOA.

Authorizes the Emergency Medical Services Manager to utilize a City vehicle under the terms of the FFMA MOA.

Clarifies that certain provision of the FFMA MOA related to Emergency Duty Pay for suppression personnel shall not apply to the Emergency Medical Services Manager.

Exempts the Emergency Medical Services Manager from overtime under the Fair Labor Standards Act (but is eligible for limited Emergency Duty Pay).

Revision to FFMA MOA Appendix A to incorporate Emergency Medical Services Manager.

Additional amendments include updates to outdated provisions and clarified language.

Fire Battalion Chief
Staff proposes changes to the qualification guidelines and special requirements within the Battalion Chief classification including a title change to Fire Battalion Chief and inclusion of qualification guidelines for specialty assignments available to employees assigned to this classification.

City Council last revised this classification in 2017. The Special Requirements include requirements for outdated State of California Fire Marshal (SFM) certifications and revisions to the internal requirements for appointment to Battalion Chief.

Additional recommended revisions to Battalion Chief include:

Updating the Essential Duties and Responsibilities to expand on the duties performed as well as defining the assignments of Division Chief – Training, Deputy Chief – Operations and Deputy Chief – Administration / Fire Marshal.

Establishing a Special Requirement for current employees allowing those who have an open Fullerton Fire Department Acting Fire Battalion Chief Task Book to qualify for Fire Battalion Chief.

To accommodate the addition of the Emergency Medical Services Manager to the FFMA, the current salary range number for Battalion Chief – 40 hours will change from 700 to 705 with no change to the base hourly rates.

Attachments:

Attachment 1 – Presentation
Attachment 2 – Draft Resolution 2023-XXX Side Letter Agreement FFMA Attachment 3 – Draft Resolution 2023–XXX Class Plan Update Attachment 4 – Battalion Chief Class Specification - Redline cc: City Manager, Eric J. Levitt
Proposed Side Letter and Classification Plan Update Relating to FFMA February 7, 2023 - Page 5

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