RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FULLERTON, CA LIFORNIA, A PPROVING THE SIDE
LETTER OF AGREEMENT BETWEEN THE CITY AND THE
FULLERTON FIRE MANAGEMENT ASSOCIATION DATED
JANUARY 31, 2023
THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS
FOLLOWS:
1. City Council approves the S ide Letter of Agreement between the City and the Fullerton Fir e Management Association, dated January 31, 2023, attached hereto.
ADOPTED BY THE FULLERTON CITY COUNCIL ON FEBRUARY 7, 2023. ______
_______________________
Fred Jung
Mayor
A
TTEST:
______
_______________________
Lucinda Williams, MMC
City Clerk
Date
Attachments:
• Attachment 1 – Side Letter Agreement with Fullerton Fire Management Association 1 SIDE LETTER OF AGREEMENT
City of Fullerton and
Fullerton Fire Management Association
This Side Letter of Agreement is entered by and between the City of Fullerton (City) and the Fullerton Fire Management Association (FFMA) with respect to the following:
WHEREAS, the City and FFMA are parties to a Memorandum of Agreement (MOA) for the period of July 1, 2021 through June 30, 2023 that sets forth the compensation, hours, and other terms and conditions of employment for classifications represented by the FFMA bargaining unit;
WHEREAS, FFMA has requested to represent the classification of Emergency Medical Services Manager (EMS Manager);
WHEREAS, the Fullerton Management Association (FMA) has agreed to release the classification of EMS Manager from its bargaining unit;
WHEREAS, it is necessary to clarify certain FFMA MOA provisions for this non- sworn classification;
WHEREAS, the terms contained in this Side Letter will be memorialized in the next revision to the MOA between the City and the FFMA;
NOW THEREFORE, the City and FFMA agree as follows:
1. Except as specifically identified below, all provisions of the current MOA between the City and the FFMA shall be applied in full to the classification of EMS Manager.
2. Retirement – The terms of ARTICLE 14 in Resolution No. 2022-31 (MOA for FMA) shall be incorporated as follows:
ARTICLE 14.1:
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS)
NON-SWORN EMPLOYEES
A. The City's contract with CalPERS for non-sworn unit employees shall include the following options:
1. One-Year Highest Compensation (Cal. Gov. Code §20042) for employees hired by the City on or before December 22, 2012.
2. Employees hired on or after December 23, 2012 who are not “new members” as defined under the Public Employees’ Pension Reform Act of 2013 (Cal. Gov. Code §7522 – 7522.74), hereinafter PEPRA, will have their final compensation calculated based on the provisions of California Government Code §20037. Final compensation shall be calculated based 2 on the average of the highest three consecutive years.
3. Employees hired on or after January 1, 2013 who are “new members” as defined under PEPRA will have their final compensation calculated based on the provisions of California Government Code §7522.32 (highest average pensionable compensation for 36 consecutive months.)
4. Post-Retirement Survivor Allowance (Cal. Gov. Code §§21624, 21626).
5. Fourth Level of 1959 Survivor Benefits (Cal. Gov. Code § 21574).
6. Military Service Credit as Public Service (Cal. Gov. Code §21024), in which the employee pays the entire cost.
7. 2% @ 55 – Full Formula (Cal. Gov. Code §21354) for employees who are not “new members” as defined by PEPRA.
8. 2% at 62 formula (Cal. Gov. Code §7522.20) for employees who are “new members” as defined by PEPRA.
9. Pre-Retirement Optional Settlement 2 Death Benefit (Cal. Gov. Code §21548).
10. Credit for Unused Sick Leave (Cal. Gov. Code §20965). An employee who is not eligible for benefits under Article 2 7(F) Payment for Unused Sick Leave upon Separation shall receive additional service credit for his/her unused sick leave upon retirement from the City, converted per the terms of the CalPERS contract.
B. Employer-Paid Member Contributions – Employees Who Are Not “New Members”
For employees who are not “new members” as defined by PEPRA, the City shall pay the CalPERS normal member contribution [as defined in §20677(a)(2) of the California Government Code] into each employee's account with CalPERS, pursuant to §20691 of the California Government Code. This payment will be included within the employee's compe nsation earnable that is reported to CalPERS, pursuant to §20636(c)(4) of the California Government Code.
This employer -paid member contribution shall not be considered base salary, and is not taxable income, pursuant to §414(h)(2) of the Internal Revenue Code. However, should any state or federal agency alter the current income tax treatment of such payment, the consequences of such action shall be the sole responsibility of the affected employees and shall in no way alter any obligation of the City toward such employees. “New members” as 3 defined by PEPRA are not eligible for this benefit.
Employee Cost -Sharing of Employer Contribution Rate – Employees Who Are Not “New Members”
Effective December 10, 2011, employees who are not “new members” as defined by PEPRA shall contribute 7% of their compensation earnable (as defined in Government Code §20636) toward the employer contribution rate (“cost-sharing”). Effective December 23, 2012, the City amended its contract with CalPERS to implement the provisions of California Government Code 20516(a) to provide that a portion of the 7% contribution shall be made pursuant to Government Code Section §20516(a), with the balance of the 7% contribution made pursuant to Government Code Section §20516(f). In the event of a change in the law or legal determination that any portion of the 7% employee contribution toward the employer rate is not allowable as agreed, the employer -paid member contributions shall be reduced by whatever portion is not allowable and the parties shall meet and confer to determine the appropriate modifications of benefits to offset this change.
It is further provided that should legislation be enacted that requires employees pay any portion of the required member contribution, then the City shall take whatever action is necessary to reduce the amount of the employee pick-up of the employer contribution by the amount of the required payment by the employee of the member contribution.
C. The City shall pay the 1959 Survivor Benefits prem ium for affected employees.
3. Workers’ Compensation – T he terms of A RTICLE 30 in Resolution No. 2022- 31 (MOA for FMA) shall be incorporated as follows:
ARTICLE 30.1: WORKERS' COMPENSATION PROGRAM
NON-SWORN EMPLOYEES
A. Supplemental Pay
1. An employee absent due to illness or injury resulting from his/her City employment, for which the employee is eligible to receive temporary total disability payments under California Workers’ Compensation laws, shall be paid his/her full salary only for the first 1,040 cumulative hours of absence related to the illness or injury, including absences for medical or therapy. This salary payment period shall not extend beyond the date temporary total disability payments are terminated. Persons employed on a 3/4-time basis shall receive a cumulative total of 780 hours, and persons employed on a half -time basis shall receive a cumulative total of 520 hours.
4 2. A full-time employee who suffers a temporary disability as a result of what is interpreted under state Workers’ Compensation laws as a separate illness or injury, regardless of whether the illness or injury is to the same or a different part of the body, shall be entitled to an additional 1,040 hours cumulative time of supplemental pay (pro rata time if a part -time employee) for each such separate illness or injury.
3. Once the employee has exhausted all of the benefits described in subparagraphs 1 and 2 above, the employee shall be entitled, at his/her request, to use any accumulated sick leave credits to pay the difference between his/her full salary and any amounts paid him/her under said Workers’ Compensation laws until his/her accumulated sick leave credits are exhausted.
B. The anniversary date of any employee who is absent from work as a result of an illness or injury resulting from the performance of duties in the course of his/her employment, shall not be thereby affected as long as he/she is receiving an amount equal to his/her full pay. During such time, the employee shall continue to accrue vacation and sick leave benefits in the same manner as through he/she were not absent.
4. Assignment Pay – Assignment Pay under ARTICLE 8 shall only be applicable to sworn members of the FFMA. It shall not apply to the EMS Manager classification.
ARTICLE 8: INCREMENT PAY, Section A. Assignment Pay shall be amended as follows:
ARTICLE 8: INCREMENT PAY
A. Assignment Pay
Assignment Pay under this section shall only be applicable to sworn members of the FFMA.
1. An employee regularly assigned as Deputy Chief - Operations shall be assigned to pay range 740. The employee shall be placed at the same pay step within range 740 as he/she was assigned in range 700, 710 or 720 prior to the assignment as Deputy Chief.
2. An employee regularly assigned as Division Chief - Training shall be assigned to pay range 720. Upon assignment, the employee shall be placed at the same pay step to which he/she was assigned in range 700 or 710.
3. The pay of an employee temporarily assigned as Division Chief or Deputy Chief assignment shall be governed by the City’s rules on Acting Pay.
5 4. The City has the unilateral right to assign an employee to the position of Division Chief - Training or Deputy Chief – Operations, and to remove him/her from that position without cause or right of appeal.
5. Vehicle Use – The provisions of Article 9 shall apply to the EMS Manager classification. ARTICLE 9: VEHICLE USE shall be amended as follows:
ARTICLE 9: VEHICLE USE
Each Division Chief and above shall have use of a City vehicle for City business. This provision shall also apply to the EMS Manager.
6. Emergency Duty Pay – The current provisions of ARTICLE 10, Sections A and C shall only be applicable to sworn members of the FFMA. For the EMS Manager classification, only A RTICLE 10, Section B shall apply. ARTICLE 10: CONSTANT STAFFING/EMERGENCY DUTY PAY shall be amended as follows:
ARTICLE 10: CONSTANT STAFFING/EMERGENCY DUTY PAY
A. Constant Staffing Situations – Suppression Personnel Only
The City shall determine how overtime is assigned. If a Battalion Chief, Division Chief, or a Deputy Chief is not available to work, then a Fire Captain who is qualified to work as acting Battalion Chief may be assigned as an acting Battalion Chief.
1. An employee on a 56-hour work week shall be paid at a rate of time and one half of his/her straight base hourly rate for any time worked in a suppression duty position in excess of his/her regular schedule.
2. An employee on a 40-hour work week shall be paid for all suppression duty time worked in excess of his/her normal 40-hour work week at a rate of time-and-one- half of the top step of range 720 56-hour work week rate effective July 10, 2021.
This change to the overtime rate for Article 10 shall be retroactive to July 10, 2021.
B. Emergency Situations
An employee who is called back or held over beyond his/her regularly scheduled shift for the purpose of an ongoing emergency operation shall be paid at one-and- one-half times his/her base salary rate.
C. Payment – Suppression Personnel Only
Each employee required to work in excess of his/her regular work schedule in a 6 work period shall be paid at his/her straight time base salary rate for non- suppression work or the appropriate time-and-one-half rate for suppression duty work in accordance with Article 1 0 (A)(2) or receive compensatory time off at straight time for the excess hours.
D. Compensatory Time – Suppression Personnel Only
Should any employee exceed 96 hours of accrued compensatory time, he/she shall be paid for those excess hours at his/her straight base hourly rate. All compensatory time on the books at the end of each payroll year shall be paid off, unless used by the end of the following March in accordance with established City practice.
E. Affected employees shall have no claim to overtime pay pursuant to the Fair Labor Standards Act and related court decisions other than what is contained in this article.
7. Overtime Pay – The EMS Manager is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), consistent with ARTICLE 10, Section E of the FFMA MOA. Any overtime compensation granted shall be provided under the terms of this Side Letter and/or the provisions of ARTICLE 10, Section B.
8. Salary – The EMS Manager shall be incorporated into Appendix A of the FFMA MOA:
Title Bottom Top
Emergency Medical Services Manager $ 7,670 $ 9,789
The EMS Manager shall be deleted from salary range 645 in Appendix A of the FMA MOA.
9. All other existing wages, hours and other terms and conditions of employment shall remain in full force and effect throughout the term of the MOA.
10. Upon approval of this Side Letter of Agreement, the classification of EMS Manager shall no longer be represented by FMA and shall be represented by FFMA.
FOR THE CITY OF FULLERTON
Date:
Eric Levitt
City Manager
7 FOR THE FULLERTON FIRE MANAGEMENT ASSOCIATION
_______ Date:
Jon Fugitt
Acting Fire Marshal/
Deputy Chief-Administration
FULLERTON MANAGEMENT ASSOCIATION (FMA) ATTESTATION
The FMA approves the release of the EMS Manager classification from the FMA bargaining unit.
Date:
David Grantham
FMA President