NF:SSH
10/17/22
1967589 1
Council Agenda: 10-25-22
Item No.: 2.16
RESOLUTION NO._______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE
APPROVING THE TERMS OF AN AGREEMENT BETWEEN THE
CITY OF SAN JOSE AND THE INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS, LOCAL 230 RELATING TO A LATER AL
FIREFIGHTER PARAMEDIC HIRING INCENTIVE PILOT
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:
1. That the terms of the Side Letter Agreement between the City of San José and the International Association of Firefighters, Local 230 relating to the Lateral Firefighter Paramedic Hiring Incentive Pilot Program are hereby approved. The City Manager is hereby authorized to execute the Side Letter Agreement with those terms on behalf of the City.
2. The general terms of the Side Letter Agreement are set out and described in the Memorandum to the Mayor and City Council dated October 18, 2022, from Director of Employee Relations, Jennifer Schembri, which is attached hereto as Attachment A and incorporated in this Resolution.
ADOPTED this _____ day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Sam Liccardo, Mayor
ATTEST:
Toni J. Taber, CMC
City Clerk
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
TO: HONORABLE MAYOR FROM: Jennifer Schembri
AND CITY COUNCIL
SUBJECT: SEE BELOW DATE: October 18, 2022
Approved Date
SUBJECT: Lateral Firefighter Paramedic Hiring Incentive Pilot Program
REASON FOR ADDENDUM
This item recommends the approval and implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program as a result of a Side Letter Agreement between the City and the International Association of Firefighters, Local 230 (IAFF, Local 230) which was agreed to on October 13, 2022. Firefighter Paramedics are medical first responders and provide Advanced Life Support (ALS) patient care that is vital to the City and its residents. The implementation of the Lateral Firefighter Paramedic Hiring Incentive Pilot Program may assist in alleviating some of the significant recruitment and/or retention issues that the City is experiencing with this classification.
RECOMMENDATION
Adopt a resolution approving the terms of a Side Letter Agreement between the City of San Jose and the International Association of Firefighters, Local 230 (IAFF, Local 230) for a Lateral Firefighter Paramedic Hiring Incentive Pilot Program effective October 30, 2022, through June 30, 2023, subject to the annual appropriation of funds.
OUTCOME
Adoption of the resolution will approve a Side Letter Agreement to implement a Lateral Firefighter Paramedic Hiring Incentive Pilot Program, effective October 30, 2022, through June 30, 2023, for a total non-pensionable payment amount of $10,000 for each eligible lateral Firefighter Paramedic that successfully completes the requirements of the Program, subject to annual appropriations.
COUNCIL AGENDA: 10/25/2022
FILE:
ITEM:
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
October 18, 2022
Subject: Lateral Firefighter Paramedic Hiring Incentive Pilot Program
BACKGROUND
On October 13, 2022, the City and IAFF, Local 230 reached a Side Letter Agreement (Agreement) for the implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program. Lateral Firefighter Paramedics hired into the Firefighter classification on or after the implementation of the Lateral Firefighter Paramedic Hiring Incentive Pilot Program will be eligible for receipt of a total non-pensionable amount of $10,000, spaced throughout their one- year probationary period based on meeting certain requirements as set forth in the Program.
ANALYSIS
Adoption of the Administration’s recommendation would result in the implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program (Attachment A). Lateral Firefighter Paramedics hired on or after October 30, 2022, will be eligible for the following non- pensionable lump sum payments as specified in the table below:
The payment of any portion of the non-pensionable hiring incentive amount of $10,000 is contingent on the employee being continuously employed as a Paramedic through their one (1) year anniversary of passing probation.
If an employee receives any portion or all of the non-pensionable lump sum hiring incentive, and separates from City employment or accepts another position within the City that is not as a Firefighter Paramedic prior to their one (1) year anniversary of passing probation as a Firefighter Paramedic, the employee forfeits the non-pensionable lump sum hiring incentive amounts that were received and, to the extent permitted by law, will be required to reimburse the City for all hiring incentive amounts they have received. The employee may sign an agreement to deduct the total hiring incentive amount from his or her final paycheck of wages, subject to applicable laws.
In the absence of such an agreement, the City shall deduct the hiring incentive amount from the employee’s leave payouts. If the employee’s leave payout amounts are not adequate to cover the entire amount of the hiring incentive, the City shall pursue the reimbursement of the hiring incentive through any other lawful means, including the collection process.
Lateral Paramedics who participate in the Lateral Hiring Incentive Pilot Program will be required to maintain all of the mandatory and essential licenses, accreditations, continuing education requirements, certifications and skills required of a licensed and accredited Paramedic as defined Firefighter (2311)
Timing Hiring Incentive
Upon Hire $3,000
Upon Completion of 6 months (1,456 hours) $3,000
Upon Passing Probation (2,912 hours) $4,000
Total $10,000
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
October 18, 2022
Subject: Lateral Firefighter Paramedic Hiring Incentive Pilot Program
by the San Jose Fire Department, and provide proof of current licensure to practice in the State of California and possession of all required certifications upon hire. Further, the employee will be required to become an accredited Paramedic in Santa Clara County prior to the completion of the probationary period and commit to utilize those skills as a Paramedic for the City of San Jose’s Fire Department for a minimum of three (3) years following their accreditation as a Paramedic as a condition of employment. This is not meant to limit promotions or other advancement opportunities for employees in the Firefighter classification.
CONCLUSION
It is recommended that the City Council adopt the Administration’s recommendation outlined in this memorandum which would result in the implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program for a total non-pensionable amount of $10,000 for each eligible lateral Firefighter Paramedic spaced throughout the Firefighter’s probationary period, effective October 30, 2022, through June 30, 2023, subject to the annual appropriation of funds.
EVALUATION AND FOLLOW-UP
No further follow-up with the City Council related to this action is anticipated at this time.
CLIMATE SMART SAN JOSE
The recommendation in this memo has no effect on Climate Smart San José energy, water, or mobility goals.
PUBLIC OUTREACH
This memorandum has been posted on the City Clerk’s website as part of the October 25, 2022, City Council Meeting Agenda.
COORDINATION
This memorandum was coordinated with the City Manager’s Budget Office, and the City Attorney’s Office.
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
HONORABLE MAYOR AND CITY COUNCIL
October 18, 2022
Subject: Lateral Firefighter Paramedic Hiring Incentive Pilot Program
COST SUMMARY/IMPLICATIONS
The recommendation in this memorandum would result in the implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program. The incentive is a total non-pensionable amount of $10,000 for each eligible lateral Firefighter Paramedic spaced throughout the Firefighter’s probationary period, effective October 30, 2022 through June 30, 2023, effective October 30, 2022 through June 30, 2023. The costs will be absorbed, to the extent possible, in the Fire Department’s existing budget. The Administration will closely monitor the Fire Department’s budget and will bring forward, if necessary, any increases to the existing budget as part of a future budget process.
It should be noted that as part of an effort to assist in the recruitment of this classification, as part of the 2021-2022 Annual Report, which is scheduled for City Council approval on October 18, 2022, actions are included to provide $1.5 million to the Fire Department’s budget to provide seed funding for an additional firefighter academy to be held in early 2023. The funding will provide $500,000 to cover the costs of personal protective equipment, academy supplies, and backgrounding services for a 30-person academy and $1.0 million to cover the costs of instructors and temporary recruiting staff to provide a 30-person academy to occur over a nine- week period to recruit lateral firefighters with paramedic accreditation.
CEQA
Not a Project, File No. PP17 008, General Procedure & Policy Making resulting in no changes to the physical environment.
JENNIFER SCHEMBRI
Director of Employee Relations
Director of Human Resources
The principal author of this memorandum was Elsa Cordova, Assistant to the City Manager in the Office of Employee Relations. For questions, please contact Jennifer Schembri, Director of the Office of Employee Relations and Director of Human Resources, at (408) 535-8150.
Attachment A
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 230 (IAFF, LOCAL 230) Lateral Firefighter Paramedic Hiring Incentive Pilot Program and Paramedic Service Agreement
Effective as soon as practicable, the City and the IAFF, Local 230 agree to the implementation of a Lateral Firefighter Paramedic Hiring Incentive Pilot Program.
Lateral Firefighter Paramedics hired on or after the implementation of the Lateral Firefighter Paramedic Hiring Incentive Pilot Program will be eligible for the following non-pensionable lump sum payments as specified in the table below:
Paramedics
Timing Hiring Incentive
Upon Hire $3,000
Upon Completion of 6 months (1,456 hours) $3,000
Upon Passing Probation (2,912 hours) $4,000
Total $10,000
The payment of any portion of the non-pensionable hiring incentive amount of $10,000 to Firefighter Paramedics who possess an active Firefighter Paramedic License as of the date of their hire into a classification represented by IAFF, Local 230 is contingent on the employee being continuously employed as a Paramedic through their one (1) year anniversary of passing probation.
If an employee receives any portion or all of the non-pensionable lump sum hiring incentive, and separates from City employment or accepts another position within the City that is not as a Firefighter Paramedic prior to their one (1) year anniversary of passing probation as a Firefighter Paramedic, the employee forfeits the non-pensionable lump sum hiring incentive amounts that were received and, to the extent permitted by law, will be required to reimburse the City for all hiring incentive amounts they have received. The employee may sign an agreement to deduct the total hiring incentive amount from his or her final paycheck of wages, subject to applicable laws. In the absence of such an agreement, the City shall deduct the hiring incentive amount from the employee's leave payouts. If the employee's leave payout amounts are not adequate to cover the entire amount of the hiring incentive, the City shall pursue the reimbursement of the hiring incentive through any other lawful means, including the collection process.
IAFF, Local 230 further agrees that Lateral Firefighter Paramedics who participate in the Lateral Hiring Incentive Pilot Program will be required to maintain all of the mandatory and essential licenses, accreditations, continuing education requirements, certifications and skills required of a licensed and accredited Paramedic as defined by the San Jose Fire Department, and provide proof of current licensure to practice in the State of California and possession of all required certifications upon hire. Further, the employee must become an accredited Firefighter Paramedic in Santa Clara County prior to the completion of the probationary period and commit to utilize those skills as a Firefighter Paramedic for the City of San Jose's Fire Department for a minimum of three (3) years following their accreditation as a Paramedic as a condition of employment (see the attached agreement). This is not meant to limit promotions or other advancement opportunities for employees in the Firefighter classification.
October 6, 2022
Attachment A
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
SIDE LETTER AGREEMENT
BETWEEN
THE CITY OF SAN JOSE
AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 230 (IAFF, LOCAL 230) Lateral Firefighter Paramedic Hiring Incentive Pilot Program and Paramedic Service Agreement
The terms of this Side Letter Agreement shall become effective when signed by all parties below and approved by the City Council in open session. The provisions contained in this Side Letter will end on }unless mutually agreed upon by both parties.
Oune 20, 2024
FOR THE CITY: FOR THE UNION:
peu (ofial2z Vo} /ofi3) 22.
Jennifer Schembri Date Matt Tuttle "Date
Director of Employee Relations esjdent, IAFF, Local 230 Director of Human Resources
October 6, 2022
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ATTACHMENT
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
FIREFIGHTER - RECRUIT (PARAMEDIC)
Paramedic Service Agreement and Conditions of
Employment Agreement
| understand that the City of San Jose's Offer of Employment for the Firefighter Academy was directly related to my skills and certification as a Paramedic licensed by the State of California and accredited to practice in the County of Santa Clara. | understand and agree that | accepted the City of San Jose's Offer of Employment with certain Conditions of Employment as defined below:
| understand and agree that, as a Condition of my Employment, | am responsible to maintain all of the mandatory and essential licenses, accreditation's, continuing education requirements, certifications, and skills, required of a licensed and accredited Paramedic as defined by the San Jose Fire Department. | understand that | am required to provide proof of current licensure to practice in the State of California and possession of all required certifications as defined by the San Jose Fire Department prior to a final job offer and appointment to the Academy. | understand and agree that, as a Condition of Employment, | must satisfactorily complete the Paramedic Accreditation program in the County of Santa Clara as provided by San Jose Fire Department and that | must become an Accredited Paramedic in Santa Clara County prior to the completion of my Firefighter probationary period. Satisfactory completion of the probationary period is defined as completing all Firefighter probationary requirements within 12 months of service; 2912 hours of service from the date |am appointed as a Firefighter with the City of San Jose following graduation from the Firefighter Academy. If | do not satisfactorily complete all Firefighter probationary requirements, including becoming an Accredited Paramedic by the end of my probationary period, | may be terminated by the City of San Jose.
Further, as a Condition of my Employment, upon my Paramedic accreditation with the San Jose Fire Department, | acknowledge and agree that | have a commitment to perform as a Paramedic for the City of San Jose Fire Department for a minimum of three (3) years following my accreditation as a Paramedic, provided such duty assignments are available. Failure to maintain all of the mandatory and essential licenses, accreditation's, continuing education requirements, certification, and skills, required of a licensed and accredited Paramedic as defined by the San Jose Fire Department may result in my termination and/or discipline for failure to meet these Conditions of Employment with the City of San Jose.
| agree to the above Conditions of Employment and Paramedic Service Agreement with the San Jose Fire Department and accept the terms of the Conditions of Employment for the Firefighter Academy.
Print Name: Signature:
Paramedic License: Date:
ATTACHMENT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.