City of South Pasadena Page 1
CALL TO ORDER: Mayor Michael Cacciotti
ROLL CALL: Mayor Michael Cacciotti
Mayor Pro Tem Jon Primuth
Councilmember Jack Donovan
Councilmember Diana Mahmud
Councilmember Evelyn G. Zneimer
CITY OF SOUTH PASADENA
CITY COUNCIL
A G E N D A
SPECIAL MEETING
WEDNESDAY, JUNE 15, 2022, AT 6:59 P.M.
CITY COUNCIL CHAMBERS
1424 MISSION STREET, SOUTH PASADENA, CA 91030
South Pasadena City Council Statement of Civility
As your elected governing board, we will treat each other, members of the public, and city employees with patience, civility and courtesy as a model of the same behavior we wish to reflect in South Pasadena for the conduct of all city business and community participation. The decisions made tonight will be for the benefit of the South Pasadena community and not for personal gain.
NOTICE ON PUBLIC PARTICIPATION & ACCESSIBILITY
The South Pasadena City Council Meeting will be conducted in-person from the Council Chambers, Amedee O. “Dick” Richards, Jr., located at 1424 Mission Street, South Pasadena. Pursuant to AB 361 Government Code section 54953, subdivision (e)(3), the City Council may conduct its meetings remotely and may be held via video conference.
The Meeting will be available:
• In Person Hybrid – City Council Chambers, 1424 Mission Street • Live Broadcast via the website -
http://www.spectrumstream.com/streaming/south_pasadena/live.cfm • Via Zoom – Webinar ID: 825 9999 2830
To maximize public safety while still maintaining transparency and public access, members of the public can observe the meeting via Zoom in one of the three methods below.
1. Go to the Zoom website, https://zoom.us/join and enter the Zoom Meeting information; or
2. Click on the following unique Zoom meeting link:
https://us06web.zoom.us/j/82599992830or
3. You may listen to the meeting by calling: +1-669-900-6833 and entering the Zoom Meeting ID.
Special Meeting Agenda June 15, 2022
PUBLIC COMMENT GUIDELINES
The City Council welcomes public input. During Special Meetings members of the public can only comment on agenda items, you may participate by one of the following options:
Option 1:
Participate in-person at the City Council Chambers.
Option 2:
Public Comment speakers have three minutes to address the Council, however, the Mayor and City Council can adjust time allotted as needed. Participants will be able to “raise their hand” using the Zoom icon during the meeting, and they will have their microphone un-muted during comment portions of the agenda to speak. for up to three minutes per item.
Option 3:
Email public comment(s) to [email protected].
Public Comments received in writing will not be read aloud at the meeting, but will be part of the meeting record. Written public comments will be uploaded online for public viewing under Additional Documents. There is no word limit on emailed Public Comment(s). Please make sure to indicate:
1) Name (optional), and
2) Agenda item you are submitting public comment on.
3) Submit by no later than 12:00 p.m., on the day of the Council meeting.
PLEASE NOTE: The Mayor may exercise the Chair's discretion, subject to the approval of the majority of the City Council, to adjust public comment(s) to less than three minutes.
Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda, except that members of the City Council or staff may briefly respond to statements made or questions posed by persons exercising public testimony rights (Government Code Section 54954.2).
Staff may be asked to follow up on such items.
CONSENT CALENDAR
1. APPROVAL OF RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF SOUTH PASADENA (CITY) AND THE FIREFIGHTERS ASSOCIATION, SUPERSEDING RESOLUTION NO. 7622.
RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, ADOPTING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SOUTH PASADENA AND
THE SOUTH PASADENA FIREFIGHTERS ASSOCIATION,
SUPERSEDING RESOLUTION NO. 7622.
Recommendation
It is recommended that the City Council approve a resolution adopting a Memorandum of Understanding (MOU) between the City and the South Pasadena Firefighter’s Association (FFA), superseding Resolution No.7622.
ADJOURNMENT
FOR YOUR INFORMATION
Special Meeting Agenda June 15, 2022
FUTURE CITY COUNCIL MEETINGS
PUBLIC ACCESS TO AGENDA DOCUMENTS AND BROADCASTING OF MEETINGS City Council meeting agenda packets, any agenda related documents, and additional documents are available online for public inspection on the City’s website:
www.southpasadenaca.gov/CityCouncilMeetings2022
Regular meetings are live streamed via the internet at:
http://www.spectrumstream.com/streaming/south_pasadena/live.cfm
AGENDA NOTIFICATION SUBSCRIPTION
If you wish to receive an agenda email notification please contact the City Clerk’s Division via email at [email protected] or call (626) 403-7230.
ACCOMMODATIONS
The City of South Pasadena wishes to make all of its public meetings accessible to the public. If special assistance is needed to participate in this meeting, please contact the City Clerk's Division at (626) 403-7230 or [email protected]. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Notification at least 48 hours prior to the meeting will assist staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II).
CERTIFICATION OF POSTING
I declare under penalty of perjury that I posted this notice of agenda for the meeting to be held on June 15, 2022, on the bulletin board in the courtyard of City Hall at 1414 Mission Street, South Pasadena, CA 91030, and on the City’s, website as required by law, on the date listed below. 6/14/2022 /S/
Date Christina A. Muñoz, Deputy City Clerk
July 6,2022 Regular City Council Meeting CANCELLED
July 20,2022 Regular City Council Meeting 7:00 p.m.
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1 Approval of MOU with FFA
June 15, 2022
Emergency Response payment is intended to recognize the essential work and public service provided by the Firefighters’ Association (FFA) employees, who continued to diligently work through the COVID-19 pandemic and faced additional health and safety precautions and requirements.
The proposed MOU reflects the agreement reached with the FFA. Accordingly, the MOU presented for City Council approval has been approved by the Association’s governing board and their respective membership. City staff was able to reach agreement with the FFA employee group for a three-year term. Attachment 1 provides a resolution listing the compensation and benefits for the FFA.
Three-year labor agreements with represented employees are advantageous as it will promote stability within the organization, and enable the City to more accurately forecast expenses in the next three years.
Fiscal Impact
Employee salaries and benefits are largely funded by the General Fund, with specific positions funded through enterprise funds.
As discussed during City Council budget hearings, a portion of the State and Local Fiscal Recovery Funds, received through the American Rescue Plan Act of 2021, will be used to fund the first year of the MOU, including compensation, benefits, one-time lump-sum payment and additional COVID-19 Emergency Response payment. The total fiscal impact for the 2022-2023 fiscal year is estimated at $188,000 for the FFA. The total fiscal impact for all labor agreements in the 2022-2023 fiscal year is estimated at $1,348,000. Funds for future years of the MOU will be appropriately budgeted.
Attachments: Resolution adopting a Memorandum of Understanding between the City and the South Pasadena Firefighters’ Association
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RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SOUTH PASADENA, CALIFORNIA,
ADOPTING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SOUTH PASADENA AND
THE SOUTH PASADENA FIREFIGHTERS’ ASSOCIATION, SUPERSEDING RESOLUTION NO. 7622
WHEREAS, California Government Code Section 3500, et seq., (the Meyers-Milias-Brown Act) requires that public employers meet and confer regarding wages, hours, and other terms and conditions of employment; and WHEREAS, in early 2022, the City initiated a salary survey of compensation for all full-time classifications, which served as the data upon which compensation considerations were made, comparing salary data with ten other comparable public agency cities of similar size, demographics and services to the public; and
WHEREAS, the City’s negotiating team met and conferred with the South Pasadena Firefighters’ Association (FFA) representatives on numerous occasions to discuss terms and conditions of employment; and WHEREAS, the City and the FFA have agreed to the terms included in the attached Memorandum of Understanding attached hereto as “Exhibit A.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH
PASADENA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of South Pasadena and the South Pasadena Firefighters’ Association, attached as Exhibit A, is approved and adopted by the City Council of the City of South Pasadena.
SECTION 2. The City Council declares that this resolution supersedes Resolution No. 7622, which represented the previous Memorandum of Understanding between the City and the South Pasadena Firefighters’ Association.
SECTION 3. The City Clerk of the City of South Pasadena shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City. 1 - 3
PASSED, APPROVED AND ADOPTED ON this 15th day of June, 2022.
Michael A. Cacciotti, Mayor
ATTEST: APPROVED AS TO FORM:
Christina Muñoz, Deputy City Clerk Andrew Jared, City Attorney (seal)
I HEREBY CERTIFY the foregoing resolution was duly adopted by the City Council of the City of South Pasadena, California, at a regular meeting held on the 15th day of June, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Christina Muñoz, Deputy City Clerk
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EXHIBIT A
CITY
of
SOUTH PASADENA
AND
FIREFIGHTERS’ ASSOCIATION
MEMORANDUM OF UNDERSTANDING
2022-2025
EFFECTIVE JULY 1, 2022 – JUNE 30, 2025
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CITY OF SOUTH PASADENA
MEMORANDUM OF UNDERSTANDING
2022-2025
TABLE OF CONTENTS
SECTION PAGE
1. Parties, Terms and Classifications Recognized .............................................................5 1(a) Recognized Representatives ..................................................................................5 1(b) Recognized Classifications ...................................................................................5 1(c) Parties ....................................................................................................................5 1(d) Term of Agreement ...............................................................................................5 1(e) Reopeners ..............................................................................................................5
2. Association Rights .........................................................................................................6 2(a) Dues and Benefits Deductions...............................................................................6 2(b) Change of Status Report ........................................................................................7 2(c) Grievance Representation ......................................................................................7
3. Management Rights .......................................................................................................8
4. Compensation ................................................................................................................9 4(a) Salary Schedule Adjustments ................................................................................9 4(b) Movie Details ........................................................................................................9 4(c) Acting Appointments...........................................................................................10 4(d) Overtime Calculations .........................................................................................11
5. Retirement Benefits .....................................................................................................13 5(a) CalPERS ..............................................................................................................13
6. Insurance Benefits ........................................................................................................15 6(a) Medical Insurance ...............................................................................................15 6(b) Dental Insurance ..................................................................................................16 6(c) Life Insurance ......................................................................................................16 6(d) Vision Care ..........................................................................................................16 6(e) Long Term Disability ..........................................................................................16 6(f) Opt Out Provision ................................................................................................17 6(g) Re-Enrollment Provision .....................................................................................17 6(h) IRS 125 Plan........................................................................................................17
7. Recognized Holidays ...................................................................................................18 1 - 6
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8. Floating Holidays .........................................................................................................18 8(a) Accrual Rates.......................................................................................................18 8(b) Use of Floating Holidays.....................................................................................18
9. Vacation .......................................................................................................................19 9(a) Accrual Rates.......................................................................................................19 9(b) Maximum Accumulation.....................................................................................19 9(c) Buy-Back .............................................................................................................19
10. Sick Leave ....................................................................................................................20 10(a) Accrual Rates.....................................................................................................20 10(b) Maximum Accumulation...................................................................................20 10(c) Sick Leave Incentive .........................................................................................20 10(d) Conversion to CalPERS Service Credit ............................................................21 10(e) Use of Sick Leave ..............................................................................................21 10(f) Sick Leaved Used on Holidays ..........................................................................22 10(g) Verification of Sick Leave ................................................................................22 10(h) Irrevocable Election Requirement for Leave Buy Backs/Cash Outs ................22
11. Bereavement Leave ......................................................................................................23 11(a) Accrual Rates.....................................................................................................23 11(b) Use of Bereavement Leave ...............................................................................23
12. Uniforms ......................................................................................................................23
13. Working Conditions .....................................................................................................24 13(a) Additional Duties...............................................................................................24 13(b) Meals .................................................................................................................24 13(c) Work Schedule ..................................................................................................24
14. Other Benefits ..............................................................................................................25 14(a) Longevity Pay ....................................................................................................25 14(b) Additional Assignments and Pay ......................................................................25 14(c) Seniority ............................................................................................................28 14(d) Fitness Program .................................................................................................28 14(e) Employee Wellness, Balance and Professional Development ..........................29 14(f) Tuition Reimbursement .....................................................................................29 14(g) Reimbursement for Meetings and Seminars .....................................................29 14(h) Educational Incentive Pay .................................................................................30 14(i) Certificate Bonus Pay .........................................................................................30 14(j) Bilingual Pay ......................................................................................................30 14(k) Paramedic Bonus ................................................................................................30 1 - 7
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15. Promotion/Layoff Procedure .......................................................................................31 15(a) Firefighter/Paramedics Promotion .....................................................................31 15(b) Layoff Procedure ...............................................................................................31
16. Payment Procedures .....................................................................................................32 16(a) Uniforms ............................................................................................................32 16(b) Bonus Checks ....................................................................................................32 16(c) Form W-4 Re: Tax Withholding Changes..........................................................32
17. Staffing .........................................................................................................................32
18. General Provisions .......................................................................................................32 18(a) Severability Provision .......................................................................................32 18(b) Effect .................................................................................................................33
19. Ratification And Implementation ................................................................................33 Appendix A: Firefighters’ Association Salary Schedule effective June 30, 2022 Appendix B: Firefighters’ Association Salary Schedule effective July 4, 2022 Appendix C: Firefighters’ Association Salary Schedule effective July 3, 2023 Appendix D: Firefighters’ Association Salary Schedule effective July 1, 2024 1 - 8
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1. PARTIES, TERMS AND CLASSIFICATIONS RECOGNIZED
1(a) RECOGNIZED REPRESENTATIVES
The City recognizes the SOUTH PASADENA FIREFIGHTERS
ASSOCIATION hereinafter referred to as the “Association” as the exclusive representative for all full-time officers and employees, excepting the classifications of Fire Chief, Deputy Chief, Fire Intern, and Administrative Secretary of the South Pasadena Fire Department. 1(b) REPRESENTED CLASSIFICATIONS
Existing Classifications: The following are the classifications represented by the Firefighters Association:
A.........Captain C. ........Firefighter/Paramedic
B. ........Engineer D. ........Firefighter
E…….Fire Inspector
1(c) PARTIES
This Memorandum of Understanding hereinafter referred to as the "MOU” is made and entered into by and between the City of South Pasadena, a Municipal Corporation hereinafter referred to as the "City", and the Association pursuant to Government Code section 3500 et. seq. 1(d) TERM OF AGREEMENT
This Memorandum of Understanding shall be in effect on July 1, 2022 and shall continue in full force until June 30, 2025.
1(e) REOPENERS
A. SALARY
This MOU shall be subject to a reopener at direction of the City Council, upon adoption by the City Council of a Resolution evidencing a finding by the Council that any or all of the following events have occurred during the 2022-2023, 2023-2024, or 2024-2025 fiscal years:
1. Five percent (5%) or greater reduction in general fund revenues during each fiscal year for the period July 1 through December 31 1 - 9
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compared to the July 1 through December 31 period of time in the in the previous fiscal year.
2. Five percent (5%) or greater reduction in general fund revenues during the period January 1 through June 30 compared to the January 1 through June 30 period of time in the previous fiscal year.
The decline in general fund revenues, if any, shall be measured by actual decline in revenues as determined by the City’s Finance Department (not required to have ACFR) during the applicable period of time, (Revenue reductions attributed to state withholding of local funds, shall be included in measuring the five percent (5%) reduction), The Association agrees to meet and confer within fifteen (15) calendar days of notice of the City Council’s adoption of the Resolution.
Although invocation of this Article shall not in and of itself constitute a revocation of terms and conditions of employment, such provisions shall be subject to the meet and confer process conducted pursuant to this reopener.
B. PERSONNEL RULES AND EMPLOYER-EMPLOYEE
RELATIONS RESOLUTION/ORDINANCE REOPENER
During the term of this MOU, the parties agree that the City Manager may reopen the meet and confer process regarding the amendment of existing personnel rules and regulations and adoption of successor rules and regulations.
During the term of this MOU, the parties agree that the City Manager may reopen the MOU in order to negotiate an Employer-Employee Relations Resolution or Ordinance, utilizing the meet and consult process.
C. HEALTH INSURANCE REOPENER
The City may reopen negotiations on the issue of health insurance benefits or cafeteria plan (including, as to both, but not limited to, plan benefits or structure, City or employee contributions and/or opt out amount or requirements) in order to avoid penalties or taxes under the ACA or other statutory scheme that may result from an interpretation of the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, 1 - 10
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regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction.
2. ASSOCIATION RIGHTS AND RESPONSIBILITIES
2(a) ASSOCIATIONS AND EMPLOYEE RIGHTS
The City and Association shall comply with the provisions of the MeyersMilias-Brown Act (MMBA) governing meet and confer rights of employee organizations. Each party shall retain those rights respectively vested by local, state and federal law.
2(b) DUES AND BENEFITS DEDUCTIONS
1. The City shall during the term of this MOU, deduct monies for membership dues and Association-sponsored benefit program premiums on a regular basis from the pay of all members who have authorized these deductions in writing. Membership dues will be deducted based on authorization in writing retained by the Association and shall submit to the City a certified list of members and the amount to be deducted for each. The Association shall update that list after members are added or withdraw or when the withholding amount changes. The updated list shall be provided to the City promptly. The City may request a copy of a member or member’s signed
authorization card when there is a dispute. If changes in deduction cannot be implemented within 30 days, the City shall notify the Association. The City shall remit such funds to the Association within thirty (30) days following the deduction.
2. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of action, or lawsuits arising out of any action that shall be taken by the City for purpose of complying with the deductions or transmittal of such funds to the Association, except the intentional failure of the City to transmit monies deducted from the employees pursuant to this Article to the Association.
2(b) CHANGE OF STATUS REPORT
The City shall send to the Association on a monthly basis a change-ofstatus record of those Association members who are terminated, on leaveof absence, or temporarily disabled. 1 - 11
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2(c) GRIEVANCE REPRESENTATION
The City shall provide for the following rule on representation and grievance procedures:
An employee with a grievance may select a representative from the association to assist the employee in utilizing the grievance procedure:
1. The representative shall obtain approval of his/her immediate supervisor before spending any work time in activity related to the grievance procedure. Representatives may spend the time needed to expeditiously conduct the following activities: discuss matters with grievant, record information, advise or recommend action, assist in completion of documents necessary to grievance processing, investigate allegations that may form the basis for the grievance, and if so requested, appear with the grievant at all levels of grievance resolution. This activity may be undertaken without reprisal, discrimination or intimidation.
The following steps shall be taken to ensure that this activity does not interfere with the ongoing operations of the Department:
2. The representative may not leave his/her workstation or enter a work location under the supervision of other than his immediate supervisor without obtaining prior approval of the concerned supervisors.
3. No overtime pay will be paid for any time spent in the processing of grievances and the time spent on grievance representation and processing shall not be considered “hours worked” for purposes of overtime calculations.
3. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under federal and state law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to:
a. The exclusive right to determine the mission of its constituent departments, commissions, boards:
b. Set standards and levels of service;
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c. Determine the procedures and standards of selection of employment and promotions;
d. Direct its employees;
e. Establish and enforce dress and grooming standards;
f. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
g. Determine the content and intent of job classifications; h. Determine methods of financing;
i. Determine the style and/or types of City-issued wearing apparel, equipment or technology to be used;
j. Determine and/or change the facilities, methods, technology, means, or organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; k. Determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not of the limited to, the right to contract for or sub-contract any work or operations of the City;
l. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
m. Establish and modify productivity and performance programs and standards;
n. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law;
o. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; p. Take all necessary actions to carry out its mission in emergencies and; 1 - 13
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q. Exercise complete control and discretion over its organization and technology of performing its work.
The exercise by the City of its management rights shall not in any way, directly or indirectly, supersede the City Personnel Rules and MOU’S. Except in emergencies or when the City is required to make changes in its operations because of the requirement of law, whenever the exercise of management rights shall impact on members of the bargaining unit in their wages, hours, or other terms and conditions of employment, the City agrees to meet and confer with representatives of the Association, at their request, regarding the impacts of the exercise of such rights, unless the matter of the exercise of such rights, is provided for in the MOU, or in the Personnel Rules and Salary Resolutions. By agreeing to Meet and Confer with the Association as to the impacts of the exercise of the foregoing management rights, management’s discretion in the exercise of these rights shall not be diminished.
4. COMPENSATION
4(a)
4(b)SALARY SCHEDULE ADJUSTMENT
Non-Safety (Fire Inspector):
1. Effective the first full pay period in July (July 4, 2022), the salaries shall be as stated in Appendix A, titled “July 2022 FFA FT Salary Schedule” which reflect a 4% increase;
2. Effective the first full pay period July (July 3, 2023), the salaries shall be as stated in Appendix B, titled “July 2023 FFAFT Salary Schedule”, which reflects a 3% increase over Appendix A; and
3. Effective the first full pay period in July (July 1, 2024), the salaries shall be as stated in Appendix C, titled “July 1, 2024 FFA FT Salary Schedule”, which reflects a 2% increase over Appendix B.
Safety:
1. Effective the first full pay period in July (July 4, 2022), the salaries shall be as stated in Appendix A, titled “July 2022 FT Salary Schedule” which reflect a five percent (5%) increase;
2. Effective the first full pay period July (July 3, 2023), the salaries shall be as stated in Appendix B, titled “July 2023 FFA FT Salary 1 - 14
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Schedule”, which reflects a five percent (5%) increase over Appendix A; and
3. Effective the first full pay period in July (July 1, 2024), the salaries shall be as stated in Appendix C, titled “July 1, 2024 FFA FT Salary Schedule”, which reflects a four percent (4%) increase over Appendix B.
4(b) MOVIE DETAILS
A standardized movie detail pay scale will be applied to all Fire Department ranks at a flat rate of $90 per hour for details worked on or after January 1, 2021. Effective July 4, 2022, the movie detail rate shall increase to $95. The following movie detail policy applies to all members covered by this agreement:
Definition: FSO shall be the abbreviation for the Fire Safety Officer.
Any FSO scheduled to work a movie detail shall be paid a minimum of eight (8) hours.
An FSO who is notified of a cancellation of his/her movie detail 24 hours or less from the scheduled start time of the detail shall be paid for the entire scheduled detail.
An FSO who is notified of a change in scheduled hours of his/her movie detail 24 hours or less from the scheduled start time shall be paid for the originally scheduled hours, or the re-scheduled hours, whichever is greater.
In the event a member would otherwise be forced hired for a movie detail, the Association agrees that a Deputy Chief, who is an employee of the City of South Pasadena will be allowed, but not required, to work the movie detail.
Employees on leave pursuant to Labor Code section 4850 may not work on movie details.
Employees on modified light duty or non-work-related injury leaves may be eligible to work movie details if they are cleared medically to do so, by a City approved physician.
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4(c) ACTING APPOINTMENTS
Terms: Employees who work one or more shift(s) in a higher classification shall thereafter be paid acting pay equal to the first step of the applicable range of salary of that higher acting classification and in no case less than 5% above the applicable base salary of the affected employee until completion of the acting assignment. Management shall have the discretion to staff vacancies by either rank-for-rank appointments or “move-up” or “move down” acting appointments whereby employees who are deemed qualified to act in a higher/lower classification, are temporarily utilized to staff the higher/lower classification vacancy. An employee is deemed qualified for an acting appointment if: 1) the employee is a full-time City of South Pasadena Fire Department employee and 2) the employee has successfully passed all portions of the applicable exam, e.g., engineers or captains test, and meets all requests on the current job flier for the rank in which the employee shall be acting. An employee who “moves down,” shall not be subject to a decrease in compensation. It shall be the goal of management to take reasonable steps to provide that vacation picks, floating holidays and shift assignments shall not be impacted by an employee’s acting status.
4(d) OVERTIME CALCULATIONS
With the exception of sick leave, paid Time-Off shall be considered time worked for the purposes of calculating overtime. If an employee uses sick leave during a 12-day work period, the time out on sick leave shall not count as hours worked in calculating whether the employee is entitled to overtime pay for that 12-day work period. However, if the employee works non-scheduled shifts during a 12-day work period in which sick leave is taken, all the time actually worked during the non-scheduled shifts is considered hours worked in determining whether the 91-hour threshold for overtime pay has been exceeded in that 12-day work period, except where the non-scheduled shifts are worked pursuant to a shift trade with another employee.
The City has established a Fair Labor Standards Act (“FLSA”) 7(k) overtime exemption for its sworn employees, setting the work period at twelve (12) days. For non-sworn employees, the seven (7) day workweek shall apply. The workweek or work period for each employee will be noted in their personnel file.
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2017-2019 MOU Resolution of Overtime Calculation Dispute This provision is included for historical context. The City and the Association discovered during the negotiations leading to agreement on the terms of this MOU that payroll has been calculated incorrectly over a period of time. Specifically, (1) vacation time has not been included in time worked for purposes of calculating overtime; and (2) in those FLSA 7(k) 12-day work periods in which no vacation time was taken, unit members were overpaid by five (5) hours at straight time rates. In order to resolve any and all disputes the City and the Association may have regarding the incorrect payroll calculations, and to avoid grievances, lawsuits and/or other legal actions, the City and the Association agree as part of this MOU as follows:
Beginning July 17, 2019 and adoption of the MOU by the City Council:
1. The City shall include vacation time in time worked for purposes of calculating overtime;
2. The City shall no longer pay the additional five (5) hours at straight time rates for any FLSA 7(k) 12-day work period;
3. The City agrees not to seek to collect any overpayments received by unit members resulting from the miscalculation of payroll described above; and
4. The Association agrees not to seek to collect any underpayments made to its members resulting from the miscalculation of payroll described above, nor assist any of its members to do so.
The City also increased the vacation balances and accrual caps for all unit members employed by the City before June 1, 2017, by a total of 192 hours. 4(e) Lump Sum Non-PERSable Payment for Fire Safety and Non-Safety Personnel
On or before July 30, 2022, City will provide a lump-sum non-PERSable payment of $1,750 to active employees hired on or before June 30, 2022 who have passed an initial probationary period. Those employees hired on or before June 30, 2022 who have not yet passed their probationary period, will be paid the $1,750 lumpsum non-Persable payment upon an employee’s successful completion of their probationary period. No lump sum payments will be paid after June 30, 2023. 1 - 17
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4(f) Additional LUMP Sum Non-PERSable Payment for Fire Safety Personnel In addition to the Lump Sum payment in section 4(e) above, Fire Safety personnel (Captains, Engineers, Fire Fighters and Fire Fire/Paramedics) shall receive an additional non-PERSable Lumpsum payment as follows: On or before July 30, 2022, City will provide a lump-sum non-PERSable payment of $1,000 to active employees hired on or before June 30, 2022 who have passed an initial probationary period. Those employees hired on or before June 30, 2022 who have not yet passed their probationary period, will be paid the $1,000 lump-sum nonPersable payment upon an employee’s successful completion of their probationary period. No lump sum payments will be paid after June 30, 2023. 4(g) Class and Compensation Study: The City commits to conducting a classification and compensation study to be completed by January 1, 2025. This classification and compensation study will guide the City to provide equity adjustments to bring classifications to within 5% of the average for their classification in July 2025. The parties agree to re-open on the results of the classification and compensation study during the term of this agreement. Any change(s) to compensation are subject to mutual agreement and are not subject to impasse resolution procedures.
5. RETIREMENT BENEFITS (SUBJECT TO AB 340 LANGUAGE BELOW) 5(a) CALPERS (FIRE SAFETY)
1. 2% at 50: The City agrees to continue its current contract with PERS to provide all classic Fire Safety Employees with the 2% at age fifty option (Government Code Section 21362.) Classic members are those that do not meet the definition of “new member” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”).
2. Veterans: The City shall contract with PERS to provide for veterans to buy back military service time (Government Code Section 20996.)
3. The City shall provide the Post Retirement Survivor Allowance benefit, Level 4 (Government Code Section 21624, 21626, 21628.)
4. The City has adopted a resolution implementing IRS Section 414(h)(2). This article shall be operative only as long as the State of California pick up of employee retirement contributions 1 - 18
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continues to be excludable from gross income of the employee under the provisions of the Internal Revenue Code.
5. Sick Leave Conversion: The City agrees to contract for the benefit of sick leave conversion pursuant to Section 20862.8 and 20963 of the California Government Code.
6. Highest one year: Effective January 1, 1982, the computation for retirement benefit for each classic employee in the bargaining unit shall be computed on their highest single year's salary pursuant to Section 20042 of the State Government Code.
7. City Paid Portion Employee's Share: Effective July 1, 2013.
All classic sworn unit members shall pay 100% of the statutorily required member contribution.
AB 340 (the California Public Employees’ Pension Reform Act of 2013,” PEPRA”) as it may from time to time exist, shall in its entirety be given full force and effect. Any provision in this MOU which contradicts any provision of PEPRA, shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect. Therefore, no provision of PEPRA shall be deemed to impair any provision of any MOU, Agreement, Rule or Regulation.
“New members” as defined by PEPRA on and after January 1, 2013, shall individually pay an initial Member CALPERS
contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said new member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30)
“New members” as defined by PEPRA on and after January 1, 2013, shall be enrolled in SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 7522.25(e)).
All “new members” shall have their final compensation determined by reference to the highest average annual pensionable
compensation earned by the member during a period of 36 consecutive months immediately preceding retirement or other 36 consecutive month period as allowed by Government Code § 7522.32(1).
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8. CalPERS (NON-SAFETY)
a) Classic non-safety miscellaneous members (e.g., Fire Inspector) shall be enrolled in the CalPERS 2% @ 55 retirement formula. Classic non-sworn members shall pay the entire statutory employee contribution to CalPERS;
b) Non-safety miscellaneous “New Members” shall be
enrolled in the CalPERS 2% @ 62 formula and shall pay the PEPRA mandated contributions (as described above).
9. RETIRED EMPLOYEE’S MEDICAL COVERAGE
Employees who became annuitants prior to July 1, 2012 shall receive City payment of 100% of the medical insurance premium for the retired employee only. Payment will be based on the actual employee only premium for insurance programs offered through PERS prior to being Medicare eligible and based upon PERS supplemental plans that mandate enrollment upon becoming Medicare eligible. As regards unit employees hired on or after the date of City Council adoption of Resolution No. 7226 on June 20, 2012, the City contribution to an individual employee’s health benefit plan on retirement shall be as prescribed in Government Code section 22892 and shall therefore be in an equal amount for both active employees and annuitants, as that amount may from time to time be adjusted upward and/or downward. (9-1012) As regards all unit employees employed by the City prior to City Council adoption of Resolution No. 7226 on June 20, 2012, and who become retirees on and after July 1, 2012, the City contribution to an individual retiree’s health benefit plan shall be in the amount of $625 monthly, subject to CALPERS – mandated reductions in coordination with Medicare coverage.
10. DEFERRED COMPENSATION
Effective the first full pay period in January 2023, or as soon thereafter as practicable, the City will make changes to its deferred compensation program to allow for a City contribution for the employees covered under this agreement. Effective in January 2023, or as soon thereafter as City can reasonably update the program, the City will contribute One percent (1%) of employee’s base salary to their deferred compensation plan.
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6. INSURANCE BENEFITS
6(a) MEDICAL INSURANCE
The employer contribution for available health benefit plans shall be the minimum amount mandated by Government Code section 22892 as it may from time to time change. The difference between the statutory minimum and the amounts set forth below, shall be provided to unit members by means of an IRS approved cafeteria plan, depending on the level of coverage selected.
Employee only $625
Employee + 1 $1,025
Employee + family $ 1,200
Effective July 1, 2020, the City’s monthly contributions shall as follows:
Employee only $625 (base) + $200 = $825
Employee + 1 $1,025
Employee + family $1,200
Effective January 1, 2023, the City’s monthly contributions shall be as follows:
Employee only $625 (base) + $200 = $825
Employee + 1 $1,025 + $275 = $1,300
Employee + family $1,200 + $300 = $1,500
Effective January 1, 2024, the City’s monthly contributions shall be as follows:
Employee only $625 (base) + $200 = $825
Employee + 1 $1,300 + $260 = $1,560
Employee + family $1,500 + $360 = $1,860
For employee only coverage, the additional $200 per month represents an additional contribution made only if needed to pay for the employee’s chosen medical insurance plan coverage and may not be used as any form of cash in lieu.
For all other coverage options, the amount stated is to cover plan premiums, and may not be used as any form of cash in lieu. 1 - 21
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6(b) DENTAL INSURANCE
1. The City agrees to provide $75.00 per month for employee and dependent dental coverage.
2. The City agrees to work with the Association in the investigation of other potential dental insurance carriers as long as the cost to the City for a new carrier does not exceed the current $75.00 per month.
3. The above dental fund shall be paid by adding $75.00 to the above cafeteria plan.
6(c) LIFE INSURANCE
Employee Coverage: Effective July 1, 1992, the City agreed to provide for each employee in the bargaining unit a life insurance policy in the sum of fifty thousand dollars ($50,000).
6(d) VISION CARE
Employee and Dependent Coverage: It is agreed that the City will pay up to $20.00/mo. of the employee and dependent premium. Said amount shall be paid by being added to the above cafeteria plan. 6(e) LONG TERM DISABILITY
1. The City will contribute 100% of the full cost of a Long-Term Disability policy (LTD) for every employee represented by the Association. The LTD policy shall have a 30-day or the total amount of accumulated sick leave (whichever is greater) per illness and/or injury elimination clause, which will cover sick leave and will pay two-thirds of monthly salary. The City or insurance carrier may require reasonable proof of disabling illness.
2. Benefits shall be to a maximum of one (1) year on a disability and/or illness. The City Manager may, in the event of extenuating circumstances, extend benefits for up to one additional year. Said LTD policy shall thereafter be kept in force and effect, but the City's contribution shall remain constant at the entry level, subject to change only by mutual consent.
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6(f) OPT OUT PROVISION
Employees must enroll in an available City health program unless they opt out. An employee may receive cash in lieu for opting out of the City’s health program if he/she provides the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City’s plan year to which the opt out applies (“tax family”), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies (“opt out period”); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period.
An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt-out payment cannot be made and the City will not make payment if it knows or has reason to know that the employee or tax family member does not have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
If the employee chooses to opt out and provides the attestation described above, the employee shall receive cash in lieu in the amount of $300 per month. Cancellation of the coverage becomes effective on the first day of any month after the 45-day written notice is received.
6(g) RE-ENROLLMENT PROVISION
Employee who opts out under Section 7(f) may choose to re-enroll in the MEDICAL INSURANCE coverage as provided by the City of South Pasadena. Employee who wishes to re-enroll may do so only during the open enrollment period unless a qualifying event or retirement occurs, which will then permit the employee to re-enroll before the next open enrollment period.
6(h) IRS 125 PLAN
The City has implemented an IRS 125 Plan. The plan shall only be utilized to fund health insurance premiums (medical, dental, vision). 1 - 23
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7. RECOGNIZED HOLIDAYS
The City shall grant the following holidays to all employees, including regular (permanent) part-time employees:
1. January 1 ............................................New Year's Day
2. 3rd Monday in February ....................President's Day
3. Last Monday in May ..........................Memorial Day
4. June 19 …………………………..……..Juneteenth
4. July 4 ..................................................Independence Day
5. 1st Monday in September ..................Labor Day
7. November 11 ......................................Veteran's Day
8. 4th Thursday in November ................Thanksgiving Day
9. 4th Friday in November .....................Friday after Thanksgiving
10. December 25 ......................................Christmas Day Holiday Shift: For the purpose of this MOU, a holiday is defined as a 12-hour period.
Holiday Pay: Any employee whose regular schedule does not require the employee to work on a Holiday shall be paid at the rate of twelve (12) hours of straight time. Any employee whose regular schedule requires the employee to work on a holiday shall be paid for a 12-hour holiday in addition to their salary for the shift.
8. FLOATING HOLIDAYS
8(a) ACCRUAL RATES
Two floating holiday shifts are granted to the employee during each fiscal year after (6) months of employment at his/her request at a time he/she selects, which meet the approval of the department head. A floating holiday shift shall be defined as a 24-hour period.
8(b) USE OF FLOATING HOLIDAYS
Each employee is entitled to two (2) Floating Holiday shifts between July 1 and June 30 of each fiscal year. These floating Holidays may be taken either in time off or in pay, subject to the irrevocable election requirement set forth in Section 10(h). Floating Holidays may not be carried over. 1 - 24
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9. VACATION
All vacation time shall be subject to the exceptions set forth in Section 4(d) of this MOU, entitled “Overtime Calculations,” where applicable. 9(a) ACCRUAL RATES
It is understood that vacation is earned as per this Vacation Time Schedule Chart:
VACATION TIME SCHEDULE CHART
YEARS OF SERVICES SHIFTS OF VACATION
0 - 2 YEARS ............................................8 SHIFTS 3 - 4 YEARS ............................................9 SHIFTS 5TH YEAR ..............................................10 SHIFTS 6 - 10 YEARS ..........................................11 SHIFTS 11 - 15 YEARS ........................................12 SHIFTS 16 - 20 YEARS ........................................13 SHIFTS 21 - 24 YEARS ........................................14 SHIFTS 25TH YEAR & OVER ............................17 SHIFTS
Employees hired on or after the effective date of this Agreement (July 1, 2022), the City Manager, shall credit an employee’s previous fire safety experience to be counted towards an employee’s total Years of Service calculation. In order to receive this adjustment, an employee must submit documentation in writing which shall be verified by the human resources department. This adjustment shall be effective on the date of City Manager approval.
Employees hired before the effective date of this agreement, may request that prior fire safety experience count towards an adjustment to the employee’s accrual rate. In order to receive this adjustment, an employee must submit documentation in writing which shall be verified by the human resources department.,. This adjustment shall be effective on the date of City Manager approval.
9(b) MAXIMUM ACCUMULATION
It is the goal of association members and the City that no more than a oneyear allocation of shifts as per the Vacation Time Chart be accumulated.
It shall be incumbent upon the Fire Chief to ensure that employees are allowed time off. If, an employee’s vacation accumulation exceeds the 1 - 25
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equivalent of eighteen (18) months’ worth of accrual, the employee’s vacation accrual will cease until it falls below eighteen (18) months. For employees hired before June 1, 2017, this cap shall be increased by 192 hours. Except, however that the City Manager, at their sole discretion, and upon written request, may grant vacation hours to carryover, for extenuating circumstances up to an additional year of accumulation. 9(c) BUY-BACK
Vacation: Upon the request of a member and the approval of the Fire Chief, a member will have the option of payment in lieu of time-off for up to six 24 hour shifts each fiscal year, subject to the irrevocable election requirement in Section 10(h).
10. SICK LEAVE
10(a) ACCRUAL RATES
1. Employees shall accrue paid sick leave at the rate of 5.54 hours per pay period.
2. Employees will not accrue any sick leave while on leave of absence without pay.
3. One sick leave day is equivalent to one 24-hour shift. 10(b) MAXIMUM ACCUMULATION
Employees shall be allowed to accumulate unlimited sick leave. At the employee’s termination, the accumulated sick leave hours shall have no cash value.
10(c) SICK LEAVE INCENTIVE
1. At the end of each fiscal year, employees who have accumulated 240 hours of sick leave may convert up to 48 hours accumulated sick leave to cash at the rate of one hundred percent (100%). 1 - 26
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For employees hired on or after July 1, 2000, a maximum of 24 hours combined during their first and second years of employment, if those hours are accumulated and unused.
After the second year of employment, employee is eligible for the regular buy-back incentive.
2. Please note that all buy-backs shall be implemented one time each fiscal year and paid by a separate payroll check between the first and second regular payrolls that end in July. This will be subject to the irrevocable election procedure in Section 10(h). The individual seeking a buy-back shall be employed as of June 30 of any year where a buy back is applicable. Employees’ sick leave
accumulation balance will be decreased by the corresponding number of hours the employee has received in cash buy-back.
3. Sick leave transferred to another employee’s sick leave bank will not be counted for the purposes of the incentive buy-back program. 10(d) CONVERSION TO CALPERS SERVICE CREDIT
Employees on service retirement may convert unused accumulated sick leave to service credits based on the formula set forth by CalPERS.
Unused sick leave for which an employee receives cash, cannot be converted to CalPERS service credits. According to CalPERS, in order to receive sick leave credit, the employee’s retirement date must be within 120 days from the date of separation from the City.
10(e) USE OF SICK LEAVE
Though employees may accumulate unlimited sick leave hours, sick leave usage may not be excessive and/or abused. The City does recognize however, that there may be extraordinary circumstances in which an employee may experience a catastrophic illness or accident that may require a use of excessive amount of sick leave.
Employees must give their immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable.
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Employees shall be entitled to use accrued paid sick days beginning on the 90th day of employment, after which day the employee may use paid sick days as they are accrued.
Accumulated sick leave may be used for the following:
(1) Employee’s own illnesses that may cause the employee to miss work or attend a medical appointment. The City shall have the option to require a doctor’s certification of the adequacy of the employee’s absence during the time for which sick leave was requested.
(2) Employee’s family member’s illness
Employees may use their accrued and available sick leave in an amount up to one half of what an employee accrues annually to attend to the illness of any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in-law; spouse, registered domestic partner, grandparent; grandchild; or sibling.
(3) Employee who is a victim of domestic violence
Employees may use their accrued and available sick leave to (a) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or his or her child; or (b) to obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety
10(f) SICK LEAVE USED ON HOLIDAYS
If an employee uses sick leave during a holiday, the time shall be deducted from the employee’s sick leave and the holiday pay will remain. A holiday shall be defined as beginning at 7:00 a.m. of the day the holiday actually occurs and continue until 7:00 a.m. the following day. This definition shall be used only for the purpose of determining whether or not a firefighter uses sick leave during a holiday.
10(g) VERIFICATION OF SICK LEAVE
1. The City shall have the option to require a doctor’s verification of the adequacy of the reason for an employee’s absence during the time for which sick leave was requested only after three consecutive sick leave shifts are used.
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2. If the employee has a history or pattern of sick leave misuse or overuse, to the extent allowed by law, the City may require written verification or medical documentation even if the employee does not use three consecutive shifts of sick leave as outlined above.
Examples of misuse or overuse include but are not limited to:
• Use of sick leave in conjunction with vacation, trades, or other authorized leave.
• Significantly lower number of accumulated sick leave hours than the average of other employees.
• Significantly higher number of sick leave days taken compared to other employees.
10(h) IRREVOCABLE ELECTION REQUIREMENT FOR LEAVE BUY
BACKS/CASH OUTS
Beginning in December, 2019, and each December thereafter, employees who wish to have the City buy back floating holidays under Section 8(b), vacation under Section 9(c) or sick leave under Section 10(c) in the following calendar year, shall make an irrevocable election and submit it to the City, in writing in December, as to the number of hours they want to cash out the following calendar year. The election for floating holidays under Section 8(b) shall be an election based on those hours that the employee will receive on July 1 of the next calendar year. The election for vacation under Section 9(c) or sick leave under Section 10(c) shall be an election based on the accrual of those leaves between January 1 through June 30 of the next calendar year. Employees must meet all other existing requirements to cash out leave under these sections. Payment for eligible cash outs will be made in July. Employees may request payment for eligible cash outs for vacation leave to be made in June and/or December of each year.
The City shall make a form available to employees to make the irrevocable election.
11. BEREAVEMENT LEAVE
11(a) ACCRUAL RATES
Employees shall receive a total of four (4) shifts of paid Bereavement and Family Illness Leave each fiscal year.
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11(b) USE OF BEREAVEMENT LEAVE
Use of Bereavement Leave shall be limited to two (2) occurrences per fiscal year, and two (2) shifts per occurrence.
Employees may use Bereavement Leave for the preparation and/or attendance of services of a family member. For the purposes of Bereavement Leave, family members shall include: spouse, registered domestic partner, parents, step-parents child, stepchild, grandparents, grandchildren, brother(s) and/or sister(s). Bereavement Leave may be granted by the City Manager for other family members that the employee has shown close relations. Additional occurrences shall be deducted from the employee’s own sick leave.
12. UNIFORMS
Uniform Replacement Allowance: Effective upon City Council adoption of the 2022-2025MOU, employees shall be provided a $700.00 uniform replacement allowance per fiscal year for the purchase of uniforms for sworn employees and also be provided a Uniform Maintenance Allowance of $225 per fiscal year. These allowances shall be prorated and paid in equal installments in each pay period and reported to CalPERS as required.
Class "A" Uniform: new employees who successfully complete their probationary period will be provided with one (1) Class "A" uniform. The definition of a class “A” uniform will be established by way of a memorandum. Any proposed change to the list of items shall be discussed with department members prior to implementing the change.
13. WORKING CONDITIONS
13(a) ADDITIONAL DUTIES
It is agreed that during the term of this MOU, Fire Department personnel, with full understanding that emergency fire, medical and related duties shall be given highest priority, will perform from time-to-time the following additional duties:
1. Inspections: Firefighters will in conjunction with the Fire Department conduct inspections, check City business licenses.
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2. Volunteer Training: Firefighters will train Fire Volunteers pursuant to State Firefighter I Certification Program.
13(b) MEALS
1. Meals Together: Effective upon the execution of this MOU, the City shall amend the South Pasadena Municipal Code so as to include a requirement that all shift personnel through and including the rank of Division Chief shall be required to eat all on-duty meals together. 13(c) WORK SCHEDULE (SWORN)
1. Work Week Defined: For all members of the bargaining unit, a workweek shall be defined as fifty-six (56) hours worked in a seven (7) day period.
2. Shift Schedule: Effective April 11, 1991, the work shift schedule for all suppression personnel will be 48 hours on duty and 96 hours off duty.
3. FLSA Cycle: The FLSA cycle will consist of a twelve (12) day cycle starting at 0700 hours, and consisting of 91 maximum nonovertime hours.
4. Shift Trade - December 24th and 25th: In the event a shift is required to work December 24th and December 25th, the shift assigned to work December 23rd will work on December 24th and the shift assigned to work on December 24th will work on December 23rd. For the purpose of payroll, this will be considered a 24-hour trade.
Non-sworn – the non-sworn employees shall be scheduled to work forty (40) hours in an FLSA workweek.
14. OTHER BENEFITS
14(a) LONGEVITY PAY
1. 2% Each 5 Years: It is agreed that effective July 1, 1984, each employee in the bargaining unit shall receive a two percent (2%) increase in salary for every five (5) years of service and shall 1 - 31
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continue to receive such increase(s) in salary upon completion of each additional five (5) year intervals of service.
2. As of January 1, 1996, the existing Longevity Pay Program will be terminated for all employees hired after January 1, 1996. Members on the City payroll on or before December 31, 1995 will be permitted to accrue time for an additional 4% in Longevity Pay in accordance with the provisions of Section 2A "2% Each 5 Years".
Once a member has earned the additional 4%, the Longevity Pay Program shall be permanently frozen.
14(b) ADDITIONAL ASSIGNMENTS AND PAY
5% Incentive Pay: The City shall increase the pay of each employee assigned to the additional positional duties listed below by 5 % of their base pay for the duration of their assignments. The Fire Chief will make said appointments from existing personnel and the individual shall serve at the pleasure of the Fire Chief.
Types of Assignments:
A. Paramedic Coordinator
B. Certified mechanic to be assigned to fire department equipment only.
C. Fire Investigator
D. CERT Coordinator
E. Fitness Coordinator (see Section 14(d)(2) this Article for program Description)
The Fire Chief may from time-to-time, through the City budget process, create other additional assigned positional duties.
F. One (1) Department of Motor Vehicle (DMV) Coordinator G. One (1) Safety Equipment Coordinator
H. One (1) Breathing Apparatus Coordinator (BAC)
These last three assignments are discretionary appointments by the Fire Chief and appointments shall be made or not made, at the Fire Chief’s discretion, every year.
Representative duties while on these appointments are below. 1 - 32
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A. Paramedic Coordinator:
Ensure that the fire department and its personnel are compliant with all local, state and federal policies and procedures.
Monitor compliance with personnel certificates and licenses. Maintain records and correspondences.
Act as our fire department liaison for our Medical Director, nurse educator and all local hospitals.
Review and seek corrections for the controlled medication log Ref 702.2 Respond to all correspondences required with local provider agencies and DHS.
Maintain stock levels of EMS supplies including hard goods and medications.
Communicate all changes in personnel status to DHS.
Request prescription annually from our medical director. All other related duties as required
B. Certified Fire Mechanic:
Maintain maintenance records for each fire apparatus
Perform routine and basic maintenance of fire apparatus and other vehicles assigned to the fire department.
Schedule periodic maintenance and repairs for all fire apparatus. Manage the annual budget for apparatus repair and maintenance.
C. Fire Investigator:
Respond to and investigate fire scenes
Identifying and collecting evidence
Determining whether or not a crime has been committed Writing reports and maintenance
Identifying potential motives and suspects
Interviewing witnesses and interrogating suspects
Arresting suspects
Working closely with other law enforcement partners
Providing courtroom testimony
Participate in South Pasadena Police department firearms and arrest and control training per their training schedule
Complete Verdugo cities task book for investigators
D. One (1) CERT Coordinator:
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Annually review and update as needed the CERT Standard Operating Procedures Manual.
Manage the annual budget for CERT
Publish an annual CERT calendar of events
Schedule and teach up to two Basic CERT classes per year. Schedule and teach one CERT Refresher class per year. Develop, organize and maintain a CERT Team
Schedule one CERT Team drill per year.
Schedule CERT Team members to represent CERT at public events E. Fitness Coordinator (See also Section 14(d)(2) for additional description):
Prepare and implement program standards.
Set up a required record keeping process.
Conduct voluntary physical fitness testing twice annually. Establish and maintain a reporting process.
Provide the finance department the names of the employees who voluntarily took and passed both fitness tests and how much of a bonus each employee is due. This notification shall be made at least 30 days before the required due date as indicated by the finance department.
F. Department of Motor Vehicle (DMV) Coordinator
Ensures record of Class B Licenses are all current and valid Maintains records of all Firefighter Endorsements
Prepares driving route for Engineer’s Exams
Ensure records are complete and maintains all records are current and valid
G. One (1) Safety Equipment Coordinator
Maintain records for replacement, and issued safety equipment. Manage the annual budget for Safety Equipment and Clothing. Maintain spare stock of common equipment for immediate replacement. Replace old, damaged or lost equipment as needed.
Send damaged salvageable safety equipment out for repair.
H. One (1) Breathing Apparatus Coordinator (AKA - BAC/SCBA Coordinator):
Maintain records for all maintenance, repairs, annual and five year testing requirements.
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Manage the annual SCBA budget.
Schedule all required testing of SCBA backpacks, Cylinders and personnel fit testing.
Schedule all needed repairs.
Track 15-year life span and replace SCBA bottles as necessary. 14(c) SENIORITY
For administrative purposes, seniority shall date from the date of the first appointment to the Department, whether temporary, limited, or otherwise - provided, however, that service is unbroken. If service is broken by resignation or removal, seniority shall date from the date of last appointment to the department.
14(d) FITNESS PROGRAM
1. Annual Cash Bonus: Members who pass standards of a voluntary physical fitness program, which is currently established by the South Pasadena Firefighter's Association, will receive a $300, $400, or $500 annual cash bonus. Bonus shall be paid in December of each year that the member meets program standards.
2. Fitness Coordinator: There shall be authorized one (1) program coordinator who shall be responsible for the implementation and operation of the program.
a. Appointment of the coordinator shall be made by the Fire Chief. The coordinator shall receive 5 % of base salary for management of program activities. Said 5 % shall be
effective January 1, 1993.
b. Duties: Fitness Coordinator shall prepare and implement program standards and shall be responsible for setting up required record keeping process, conducting voluntary
physical fitness tests and for the establishment of a program reporting process, which, along with other needs, provides the Finance Department with a timely schedule of which
employees and how much of a fitness bonus each employee shall receive. Timely notice shall be at least 30 days. 1 - 35
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14(e) EMPLOYEE WELLNESS, BALANCE AND PROFESSIONAL
DEVELOPMENT
The City recognizes the importance of promoting employee wellness, balance and professional development. As such, the City shall bring the below listed benefits, as offerings and supplemental optional employee wellness & balance and professional development initiatives/programs, at no cost to the employee:
(a) A meditation room will be made available for employee use to create a calm space that allows for mindfulness and wellness; and (b) Yoga & fitness classes will be offered on a regular basis in Council Chambers and/or at other city facilities, to support employee health and welllness; and
(c) City sponsored Toastmasters club on site (includes membership & lunch) to provide opportunity for employees to develop public speaking and engagement skills with fellow city employees; and
(d) A natural green space area will be created behind City Hall to facilitate time outside for lunches or meetings.
14(f) TUITION REIMBURSEMENT
There shall be no tuition reimbursement. However, where an employee is already enrolled in a City Manager/designee approved course prior to the City Council resolution of the 2011-2012 impasse, the employee shall be eligible for reimbursement for said course(s) only. 14(g) REIMBURSEMENT FOR MEETINGS AND SEMINARS
Quarterly Officers Meetings: It is agreed that the City will compensate each off-duty officer who attends quarterly meetings at the rate of time and one-half of the employee's base rate.
Seminars: It is agreed that the City will provide a per diem for employees who voluntarily attend approved seminars to compensate for meals, travel, lodging, and other related charges.
14(h) EDUCATIONAL INCENTIVE PAY
AA or AS Degrees: Unit members employed prior to January 31, 1998 and who prior to July 31, 1998 possessed or earned an AA or AS degree, shall receive a two and one-half (2.5%) pay differential. Subject to the above January 31, 1998 restrictions, an employee will also be eligible for 1 - 36
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this differential upon proof of having completed thirty (30) fire service related units and Department Head approval, prior to July 31, 1998.
BA or BS Degrees: Unit members employed prior to January 31, 1998 and who prior to January 31, 1998 possessed or earned a BA or BS degree as of January 31, 1998, shall receive a five percent (5 %) pay differential.
Subject to the above January 31, 1998 restrictions, an employee will also be eligible upon proof of sixty (60) fire service related units and Department Head Approval, having occurred prior to January 31, 1998. 5% maximum: However, in no case shall the total education pay differential for any employee exceed five percent.
14(i) CERTIFICATE BONUS PAY
1. As of January 1, 1999, the City will provide “in-house” continuing education for paramedic certification. So long as the city continues such training, the bonus payment of $1,000 paid to firefighter paramedics will not be paid. In the event the “in house” training becomes unavailable for any reason, firefighter paramedics will begin to receive the bonus and will be required to obtain training necessary to maintain their certifications off duty as was done prior to this agreement.
2. If during the period a paramedic is in the process of continuing education the in-house program is discontinued for any reason and the paramedic’ certification lapses because of the discontinuation of the program, the City agrees to compensate the paramedic for the required coursework and will continue to pay the paramedic at the firefighter paramedic rate of pay while he is completing the certification even though he or she may not be able to perform paramedic duties. This provision does not apply to a firefighter paramedic who fails to obtain his certification.
14(j) BILINGUAL PAY
Employees who can communicate conversationally in Spanish or Chinese on a regular and/or recurring basis, shall receive an additional one hundred and twenty-five dollars ($125) each month, for a total of $1500 annually to be paid in equal installments per pay period. Prior to receiving such additional compensation, members shall be required to take and pass a 1 - 37
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bilingual proficiency test as established and agreed to between the City and the Association. The program will become effective upon the adoption of this resolution.
14(k) PARAMEDIC INCENTIVE PAY
Effective July 1, 2019, Captains and Engineers who maintain their paramedic certification will receive a specialty incentive pay equal to 5% of base salary.
15. PROMOTION/LAYOFF PROCEDURE
15(a) FIREFIGHTER/PARAMEDICS PROMOTION
Appointment: All firefighter/paramedic vacancies shall be filled on a promotional basis provided that qualified personnel are available for appointment.
15(b) LAYOFF PROCEDURE
Layoffs shall occur according to Rule 14.3 of the City’s Personnel Rules and Regulations.
Any Fire Captain promoted to Division Chief during the term of this MOU will, if the command staff structure changes and Division Chief position(s) are eliminated, have the right to bump back to the position of Fire Captain.
The position of Fire Captain is subject to being bumped by a Fire Division Chief that is laid off. The Fire Captain to be bumped will be the Fire Captain with the least seniority in the Fire Captain classification in the City. The Fire Captain to be bumped may choose to bump a Fire Engineer in lieu of layoff with the least City seniority in the position of Fire Engineer, if the Fire Captain previously served as a Fire Engineer for the City. If not, the Fire Captain can bump a Firefighter/Paramedic in lieu of layoff with the least seniority in the position of Firefighter/Paramedic.
The Fire Engineer to be bumped may choose to bump a
Firefighter/Paramedic in lieu of layoff with the least City seniority in the position of Firefighter/Paramedic.
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16. PAYMENT PROCEDURES
16(a) UNIFORMS
Uniform replacement and maintenance allowances shall be paid in July via direct deposit within the employee’s regular payroll.
16(b) BONUS CHECKS
Physical Fitness bonus checks, as earned under section 14(d), shall be paid via direct deposit separate from regular payroll and shall be made in December.
16(c) FORM W-4 REGARDING TAX WITHHOLDING CHANGES
Employees are permitted to make changes to their Form W-4 tax withholdings.
17. STAFFING
17(a) Each shift shall be staffed with a minimum of six full-time South Pasadena fire department employees. The six (6) employee staffing shall consist of:
One (1) Captain, two (2) Engineers, and three (3) Firefighters/paramedics.
18. GENERAL PROVISIONS
18(a) SEVERABILITY PROVISION
Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdictions, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU. 18(b) EFFECT
It is understood and agreed that this Agreement shall not become effective for any purpose or be binding on either party until approved by the City Council, and nothing herein shall be construed as obligating the City Council to approve in whole or in part. If the City Council approves in full, then this Agreement shall become immediately effective. If the City Council fails to approve in full without modification, then this MOU shall become null and void. This MOU constitutes and includes all negotiations, compromises, and representation made by either party; and 1 - 39
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both parties acknowledge that each has met and conferred in good faith in negotiations to this point.
19. RATIFICATION AND IMPLEMENTATION
The City and the Association acknowledge that this MOU shall not be in full force and effect until ratified by its membership and adopted in the form of a resolution by the City Council of the City of South Pasadena. Subject to the foregoing, this MOU is hereby executed and authorized by the designated representatives of the City and the Association and entered into on this ____ day of _______ 2022.
SOUTH PASADENA FIREFIGHTERS
ASSOCIATION
CITY OF SOUTH PASADENA
___________________________________
Cliff Snider, President DATE
___________________________________
Michael A. Cacciotti Mayor DATE
___________________________________
, Vice President DATE
___________________________________
Armine Chaparyan, City Manager DATE
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APPENDIX A (Current)
Firefighters’ Association Monthly Salary Schedule
A B C D E F
Captain $8,113 $8,519 $8,945 $9,392 $9,861
Fire Fighter/Paramedic $6,990 $7,340 $7,707 $8,092 $8,496 Fire Engineer $6,682 $7,016 $7,367 $7,735 $8,122 $8,528 Firefighter $5,303 $5,568 $5,847 $6,139 $6,446
non-sworn
Fire Inspector $6,036 $6,338 $6,655 $6,988 $7,337
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APPENDIX B
Firefighters’ Association Monthly Salary Schedule
A B C D E F
Captain $8,519 $8,945 $9,392 $9,861 $10,354
Fire Fighter/Paramedic $7,340 $7,707 $8,092 $8,497 $8,922 Fire Engineer $7,016 $7,367 $7,735 $8,122 $8,528 $8,955 Firefighter $5,568 $5,847 $6,139 $6,446 $6,768
non-sworn
Fire Inspector $6,277 $6,591 $6,921 $7,267 $7,630
Effective first full payroll period following July 1, 2022 1 - 42
APPENDIX C
Firefighters’ Association Monthly Salary Schedule
A B C D E F
Captain $8,945 $9,392 $9,861 $10,354 $10,872
Fire Fighter/Paramedic $7,707 $8,092 $8,497 $8,922 $9,368 Fire Engineer $7,367 $7,735 $8,122 $8,528 $8,955 $9,402 Firefighter $5,847 $6,139 $6,446 $6,768 $7,107
non-sworn
Fire Inspector $6,466 $6,789 $7,129 $7,485 $7,859
Effective first full payroll period following July 1, 2023 1 - 43
APPENDIX D
Firefighters’ Association Monthly Salary Schedule
A B C D E F
Captain $9,302 $9,767 $10,256 $10,769 $11,307
Fire Fighter/Paramedic $8,015 $8,416 $8,837 $9,279 $9,743 Fire Engineer $7,662 $8,045 $8,447 $8,869 $9,313 $9,778 Firefighter $6,080 $6,384 $6,704 $7,039 $7,391
non-sworn
Fire Inspector $6,595 $6,925 $7,271 $7,635 $8,016
Effective first full payroll period following July 1, 2024 1 - 44