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Home My WebLink About25E - MOU FIRE MGMT ASSOCREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 29, 2009 TITLE: AGREEMENT WITH THE FIRE MANAGEMENT ASSOCIATION ., ,.~ ~; ~( 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1 S' Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with the Fire Management Association regarding wages and other terms and conditions of employment. DISCUSSION The City and the Fire Management Association (FMA) recently completed contract negotiations resulting in a two-year contract extension to the 2008-09 and 2009-10 amended Memorandum of Understanding. This extension period covers July 1, 2010 through June 30, 2012. The provisions of this extended agreement are as follows: 1} Salary: July 1, 2009 = 0% January 1, 2010 = 0% July 1, 2010 = 4% (deferred from July 1, 2009) January 1, 2011 = 2.5% (deferred from January 1, 2010) July 1, 2011 - June 30, 2012 = 0% 2) Holiday cash out: Employees shall defer holiday leave cash out for 2009-10. Employees may carry over holidays from one calendar year to the next, and maximum cash out value is 192 hours per year. 3) Vacation cash out: Employees shall defer regular and management vacation cash out for 2009-10. Allow carryover of up to three periods of regular vacation and longevity vacation and up to thirty (30) days of management vacation, and maximum cash out value is 160 hours per year, beginning in 2010-11. 4) Shift Replacement Pay: Effective July 1, 2009, each Fire Battalion Chief shall place the first extra 24-hour shift worked into a leave time bank. 25E-1 Agreement with FMA June 29, 2009 Page 2 of 2 5) Should any other bargaining unit receive a salary or benefit increase during the term of this Agreement, with the exception of the 4o and 2.5o salary increases originally scheduled for July 1, 2009 and January 1, 2010, respectively, FMA employees shall be granted that salary or benefit equivalent. FISCAL IMPACT There is a $107,741 savings to the City for deferral of salary increases, leave cash outs and shift replacement deferral. '~~ Kathie S. Gonzalez Acting Executive Director Personnel Services 25E-2 TWO-YEAR CONTRACT EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA And THE SANTA ANA FIRE MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2010-11 AND 2011-12 The City of Santa Ann (CITY) and the Snntn Ann Fire Management Association (SAFMA) have met and agreed to amend the previously amended 2004-10 Memorandum of Understanding (MOU) between the CITY and SAFMA, by extending this amended MOU for two (2) additional years. The existing MOU provisions shall remain unchanged unless addressed by this contract extension. The new expiration date of the MOU shall be June 30, 2012, and the MOU shall be amended~_as follows: AMENDED ARTICLE IV (new language in bold; deleted provisions lined out) 4.3 Salary Adjustments. o Effective July 1, 2009, there shall be no salary increase for employees covered by this Agreement Effective July 1, 2009, Miscellaneous employees covered by this Agreement shall contribute an additional 2.3% of their salary (for a total of 6.3%) toward the 2.7% at 55 retirement benefit. To the extent permitted by CaIPERS and Internal Revenue Service regulations, this additional 2.3% contribution shall be implemented through payroll deduction on a pre-tax basis. O Effective January 1, 2010, there shall be no salary increase for employees covered by this Agreement. Effective July 1, 2010, the base salary of employees covered by this Agreement shall be increased by approximately 49'0. 25E-3 Effective Jnnunry 1, 2011, the base salary of employees covered by this Agreement shall be increased by approximately 2.59'0. Effective July 1, 2011, there shall be no salary increase for employees covered by this Agreement. Effective January 1, 2012, there shall be no salary increase for employees covered by this Agreement. Should any other bargaining unit receive a salary or benefit increase of greater value than that set forth above (49'o and 2.59'0, respectively) during the term of this Agreement, the SAFMA shall be granted that salary or benefit equivalent value as well. AMENDED ARTICLE VIII (new language in bold; deleted provisions lined out) 8.2 Shift Replacement Pay/Special Assignment Pay for Fire Battalion Chiefs. D. Effective July 1, 2009, each Fire Battalion Chief assigned to Suppression agrees to place one (1) extra twenty-four (24) hour shift worked into a leave time bank. The employee shall not take off this twenty-four (24) hour shift during Fiscal Year 2009-10. Effective July 1, 2010, the twenty- four (24) hour shift may be taken off. AMENDED ARTICLE IX (new language in bold; deleted provisions lined out) 9.3 Cash Option. Employees covered by this Agreement will be given an option once per calendar year to receive cash compensation computed on a straight time basis in lieu of all or part of their holiday leave benefits set forth in Section 9.2 above. Such cash option may be eliminated or modified at the discretion of the Fire Department to the extent necessary to service the best interests of the department, to the extent it represents additional costs to the City, or to the extent it is construed as overtime under Department of Labor Guidelines implementing provisions of the Fair Labor Standards Act. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 the employee's ability to cash out holiday leave time. The ability to cash out holiday leave time shall be re- instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for the accumulated holiday leave time upon separation from 25E-4 employment with the City, not to exceed n maximum of 288 hours for employees assigned to the twenty-four (24) hour work shift schedule, or 192 hours for employees assigned to a forty (40) hour work week schedule. Effective July 1, 2010, employees choosing to cash out their holiday time may do so to a maximum value of 1.33 x 96 hours, or 128 hours for employees assigned to a forty (40) hour work week schedule, or 1.33 x 144 hours, or 192 hours for employees assigned to a twenty-four (24) hour work shift schedule. AMENDED ARTICLE X (new language in bold; deleted provisions lined out) 10.2 Regular Vacation Period. C. Computing Regular Vacation. 2. No employee may carry over from one calendar year to the next, more than the equivalent of #~e-(~-) three (3) regular vacation periods from the previous two (2) years, and vacation not taken beyond that amount is forfeited. A regular vacation period is defined as the maximum amount of vacation earned in a calendar year as provided in Subsection A above. 10.4 Limitation on Vacation. With the exception of a retiring employee, no employee is granted, and no employee shall be allowed to take any vacation leave with pay in excess of fifty (50) working days in any one year by combination of the vacations granted in this Agreement. Further, no employee may carry over from calendar year to the next more than the equivalent of twe-(~~ three (3) longevity vacation periods and the equivalent of ewe-E23 three (3) regular vacation periods from the previous two (2) years and vacation not taken beyond that amount is forfeited. , 10.6 Vacation Pay Options. Once each #+sc~l calendar year, all employees covered by this Agreement shall be given the option to receive cash compensation, computed on a straight-time basis, in lieu of up to five (5) working days of earned, unused vacation leave benefits set forth in this Article. Effective January 1, 25E-5 2009, employees covered by this Agreement may cash out up to a total of 10 working days of earned, unused vacation leave benefits (including management vacation leave) set forth in this Article. Effective July 1, 2009, all employees covered by this Agreement shall defer for the duration of Fiscal Year 2009-10 an employee's ability to cash out vacation leave time. The ability to cash out vacation leave time shall be re- instated July 1, 2010. Such deferral shall not affect an employee's ability to be compensated for the accumulated vacation leave time upon separation from employment with the City. Effective July 1, 2010, employees choosing to cash out their vacation leave time may do so to a maximum value of i .33 x 120 hours, or 160 hours per year for employees assigned to the twenty-four (24) hour work shift schedule, or 1.33 x 80 hours, or 106 hours for employees assigned to a forty (40) hour work week schedule. This cap on annual cosh out of regular vacation shall not affect an employee's ability to be compensated for accumulated regular vacation leave time upon separation from employment with the City. 10.7 Management Vacation Benefit. Employees covered by this Agreement will be granted an additional five (5) working days [five (5), eight (8)-hour days for forty (40) hour employees and five (5), twelve (12) hour days for shift employees] per calendar year over the regular and longevity vacation schedule applicable to represented non-management employees of the City subject to a maximum accrual of thirty (30) days of such additional five (5) days per year. AMENDED ARTICLE XXVI 28.1 The term of this Agreement shall be from July i, 2004 through June 30, X19 2012. 25E-6 ARTICLE XXVII 27.0 RATIFICATION AND EXECUTION 27.1 The City and Association have reached an understanding as to certain recommendations to be made to the City Council for the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide for the changes contained in said joint recommendations. The City and the Association acknowledge that this Agreement shall not be in full force and effect until ratified by the membership of the Association and adopted by the City Council of the City of Santa Ana. Subject to the foregoing, this Agreement is hereby executed by the authorized representatives of the City and Association and entered into this §*~ 29th day of ~U'~y-2A9~ June 2009. CITY OF SANTA ANA, a Municipal Corporation of the State of California Dated: By: MAYOR Dated: Dated: _ ~o~ ~, ~~ By: CITY MA AGER gy: 'R~. ACTING EXECUTIVE DIRECTOR PERSONNEL SERVICES ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: CITY ATTORNEY 25E-7 This Agreement has been ratified by the membership of the Santa Ana Fire Management Association. Dated: ~ - z 3 - O q SANTA ANA FIRE MANAGEMENT ASSOCIATION By: `. RANDY BLACK, PRESIDENT 25E-8