HomeMy WebLinkAboutFIRE MANAGEMENT ASSOCIATION (FMA) -2012A- 2012 -036
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
THE SANTA ANA FIRE MANAGEMENT ASSOCIATION,
AND THE INDIVIDUALS LISTED HEREIN
This Memorandum of Understanding (hereinafter "MOU ") is by and between the City of
Santa Ana (hereinafter "City "), the Santa Ana Fire Management Association (hereinafter
"SAFMA ") and the individuals whose names and signatures adorn this agreement.
WHEREAS, SAFMA is the recognized employee organization for designated
classifications of employees employed by the City's Fire Department;
WHEREAS, the individuals who are a party to this MOU are members of SAFMA whose
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_'.. rights and interests are affected by the contracting out of management oversight of firefighting
and related services to the Orange County Fire Authority (hereinafter "OCFA ");
WHEREAS, the labor relationship between SAFMA and the City is governed in part by a
Memorandum of Understanding that, through various side letter agreements, has been
extended through June 30, 2014 but which will expire upon the effective date of the contracting
out of the City's Fire services to the OCFA;
WHEREAS, the City is desirous of contracting out management oversight of firefighting
and related services currently being performed by SAFMA members to OCFA;
WHEREAS, SAFMA and the City have informally met and discussed issues associated
with contracting out management oversight of firefighting and related services to OCFA and,
through such informal discussions, have reached an agreement concerning the rights and
entitlements of SAFMA members in the event the City and OCFA should enter an agreement for
the contracting of firefighting and related services; and
WHEREAS, SAFMA and the City wish to memorialize their agreement and provide for
certain rights and entitlements of SAFMA members associated with the contracting out of
firefighting and related services to OCFA.
NOW, THEREFORE, the parties to this agreement hereby covenant and agree as
follows:
1. Effective Date of Contracting Out of Fire Services to the OCFA: The City and OCFA
have agreed to commence the contracting of services on April 20, 2012; provided, however,
that if the transition does not occur on or before June 15, 2012, this MOU shall become null
and void. The date of April 20, 2012 may be extended by mutual written agreement of
SAFMA and the City and such extended date shall be incorporated into this agreement and
replace each instance where April 20, 2012 is used herein by such new date.
2. Contracting of Firefighting and Related Services: The City and SAFMA agree that the
City shall be permitted to contract out management oversight of firefighting and related
services currently provided by SAFMA and its members effective 8:00 a.m. on April 20,
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2012, according to the provisions of this MOU. At the time of such contracting out, the
Memorandum of Understanding (with an expiration date of June 30, 2014) between the City
and SAFMA shall no longer have effect.
3. Status of Scheduled Salary Increase: The memorandum of understanding (with an
expiration date of June 30, 2014) between the City and SAFMA provides that employees of
SAFMA shall receive a salary increase of 3.5% effective July 1, 2012. That salary increase
shall not be implemented, since it is due subsequent to the April 20, 2012 transition date to
OCFA.
4. Transitioning Employees or New Hires: All City of Santa Ana Fire Battalion Chiefs shall
be deemed "transitioning" employees on the effective date that firefighting and related
services are contracted out. Transitioning Santa Ana Fire Battalion Chiefs shall receive the
top step base salary for any position to which the member is assigned, plus applicable
bonus pays (per appropriate OCFA MOU) for the rank of Fire Battalion Chief. The list of
transitioning Fire Battalion Chiefs and their applicable base salary step with OCFA is
attached hereto as "Exhibit 1 — Transitioning Employees" (attached. The City of Santa Ana
Administrative Chief /Fire Marshal shall be hired as a non -sworn employee in the position of
Assistant Fire Marshal, and shall receive the top step base salary (Step 12) plus applicable
bonus pays (per appropriate OCFA MOU), and shall be deemed a new hire by OCFA as
attached hereto as "Exhibit 2 — New Hires" (attached.
5. Members Rejected Due to Industrial Injury or Medical Condition: The City agrees that it
shall certify as qualified for industrial disability retirement any sworn member of SAFMA who
is rejected from employment by OCFA due to a legitimate industrial injury or other industrial
medical condition, upon submission of the required paperwork (DWC -1, etc.). The parties
agree that if a disability retirement is not granted, the City is under no obligation to reinstate
the employee to employment with the City as the employee's position shall have ceased to
exist as a result of the contracting out of the Santa Ana Fire Department.
A. The parties agree that any SAFMA member who fails to meet the standards to be
employed by OCFA on April 20, 2012 because of injury or illness and who either does
not seek or does not qualify for a disability retirement shall be offered employment by
OCFA upon meeting such standards, provided, however, OCFA shall not be obligated to
offer any employment beyond one year from the effective date of the contracting out of
firefighting and related services.
B. Upon meeting the standards for employment and within the one year referenced in (a)
above, the member shall be granted employment per Exhibits 1, 2, 3 and 4 (attached.
6. Leave Balances: The parties agree that the accrued leave balances for members of
SAFMA being employed by OCFA shall be paid or forwarded to OCFA as specified below.
A. Upon transition, the City of Santa Ana shall establish a leave bank not to exceed 350
hours for each transitioning employee who transitioned from a Fire Management
Association position at the City. These leave bank hours are based on shift schedules,
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and therefore, will be converted to staff hours, as appropriate, depending on the
transitioning employee's assigned position.
1. Holiday Leave: The City shall cash out one hundred percent (100 %) of the holiday
leave time banks at the time of transitioning employees' separation from City
employment.
2. Vacation Leave: Upon transitioning employees' separation from the City, up to a
maximum of three hundred and fifty (350) hours of vacation leave shall be
transferred to OCFA as part of the transitioning employee's leave bank. Each
member shall designate how many hours of his /her current City vacation leave, up to
a maximum of three hundred and fifty (350) hours, shall be transferred to OCFA.
The City shall cash out the amount of accrued vacation leave, including management
vacation, minus the amount designated by the member for transfer to OCFA, not to
exceed three hundred and fifty (350) hours total. The vacation bank which
transitions over to OCFA shall not be combined with vacation earned while at OCFA.
3. Sick Leave: Upon separation from the City, up to three hundred and fifty (350)
hours of sick leave shall be transferred to OCFA as part of the transitioning
employee's leave bank. Each member shall designate how many hours of his /her
current City sick leave, up to a maximum of three hundred and fifty (350) hours, shall
be transferred to OCFA. The City shall cash out the remaining balance of sick leave
per the current SAFMA MOU. Any accrued, unused sick leave that is not subject to
cash out per the current SAFMA Memorandum of Understanding shall be forfeited.
B. OCFA recognizes that each employee's leave bank was derived from a combination of
accrued holiday leave, vacation leave and sick leave while employed by the City;
however, upon transition, the leave balances shall be treated by OCFA as General
Leave, and no longer tracked based on the individual categories listed above.
C. General Leave banks transferred from the City will be tracked separately from new
OCFA leave time accrued by the transitioning employee under the applicable MOU and
shall be used as a supplement to OCFA accrued vacation and sick leave. Transitioning
employees shall be required to exhaust the balance of their respective OCFA accrued
leave banks before using the General Leave transferred from the City. Use of all leave
time, whether City General Leave or OCFA accrued leave, must comply with OCFA's
applicable MOU; however, General Leave banks are not eligible to be cashed out by
OCFA in lieu of using said time.
D. The General Leave balance in each employee's leave bank shall be available for use by
transitioning employees, as described above, up to and including April 13, 2017. OCFA
shall pay amounts due to transitioning employees who use time from the City's General
Leave bank, and the City will repay such amounts to OCFA, as invoiced on a quarterly
basis.
E. Any amounts remaining in the transitioning employees' General Leave banks effective
April 14, 2017 (or such earlier date if the transitioning employee separates from OCFA)
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will no longer be available for use by transitioning employees. OCFA will provide a
report to the City within 30 days after April 14, 2017 (or within 30 days following
separation) detailing the hours remaining in each employee's leave bank.
With respect to the vacation and sick leave transferred to OCFA described in
subsections A through C, above, former SAFMA members shall be required first to use
their OCFA accrued vacation and sick leaves, respectively, before using the vacation or
sick leave which transferred from the City. On April 14, 2017, or such earlier date if the
former SAFMA member separates from OCFA, all remaining vacation and sick leave
which transferred to OCFA from the City shall be paid off by the City at the former
SAFMA member's regular rate of pay as of April 20, 2012. With respect to any leave
described in subsections 1 through 3 above which the City is paying off to employees as
a result of the transition to OCFA, it shall be paid to employees on the second payday
following the transition date. If that date is April 20, 2012, it shall be paid on May 20,
2012.
7. Fund 105: The City shall cease subsidy payments to retirees on or about March 16, 2012.
The City agrees to amend the existing contract with its current Retirement Health Savings
Plan ( "RHS ") vendor, "ICMA -RC ", to allow current SAFMA members and retirees to
participate in the "Vantage Care" RHS. SAFMA shall determine how the existing funds shall
be divided among its current members and retirees. All existing funds shall be deposited into
the RHS established specifically for SAFMA by April 16, 2012.
8. Transitioning Employees, New Hires and CaIPERS Retirement: The parties agree that
OCFA shall not offer employment to City personnel who retire from the City prior to April 20,
2012. However, the parties agree that employees are not precluded from transitioning to
OCFA and then retiring from CalPERS. OCERS has informed the City that transitioning
employees, and new hires who retire from CalPERS and then work under OCERS, start as
new employees under the OCERS system. Therefore, the parties acknowledge that their
mutual understanding is that City transitioning employees and new hires able to transition to
OCFA: 1) with full reciprocity elected, 2) with no reciprocity elected or 3) starting as a new
employee in OCERS and then retiring from CalPERS.
9. Health Insurance for the Month of May 2012: The parties acknowledge that by
transitioning to the OCFA on April 20, 2012, the City would be responsible to continue to
cover the SAFMA employees' health insurance through the month of May 2012 unless
otherwise agreed. The parties agree that since transitioning employees will be covered by
OCFA's health and welfare insurance plans effective May 1, 2012, the City need not cover
such employees for any health insurance (including medical, dental and vision insurance)
beyond April 30, 2012. As such, this agreement constitutes a clear waiver of the right to
city- sponsored health insurance coverage in May 2012 and beyond. All other health and
welfare benefit plans sponsored by the City (including dental, vision, life and AD &D, long-
term disability insurance and flexible spending plans) shall cease on April 30, 2012 per the
current contract provisions with each insurance provider, and notification of COBRA Election
Rights will be sent to all affected qualified beneficiaries.
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10. Terms of OCFA Agreement With the City Incorporated Herein:
The City and OCFA have negotiated a Fire Services and Emergency Medical Services
Agreement which governs the provision of firefighting and related services to the City, some
terms of which impact the wages, hours and other terms and conditions of employment of
SAFMA members that will become employees of OCFA. The parties agree that the
following provisions of the City's agreement with OCFA are incorporated herein and are thus
part of this MOU between the parties. Additional specific information is contained as "Exhibit
3 — Transition of Employment Agreement between Orange County Chief Officers
Association and Orange County Fire Authority ".
A. As addressed in item one (1), page one: Effective Date of Contracting Out of Fire
Services to the OCFA and item five (5), page two: Members Rejected Due to
Industrial Injury or Medical Condition above, OCFA shall offer employment effective
8:00 a.m., April 20, 2012, or as soon thereafter as possible if that date cannot be
accommodated by all of the tasks which must be accomplished by that date, to
personnel employed by City on the effective date of this agreement who meet the
minimum physical and medical standards for their designated positions with OCFA, as
determined by a physical examination conducted prior to April 20, 2012.
B. "Exhibit 1" to this MOU sets forth the names of sworn SAFMA members who shall be
offered employment subject to the terms of this MOU. "Exhibit 1" includes the rank or job
title being offered and the OCFA salary step at which the SAFMA member shall be
placed on the date of hire. As addressed in paragraph 4 above sworn SAFMA members
listed in "Exhibit 1" who accept employment with OCFA shall be referred to as
"Transitioning Employees ".
C. Transitioning Employees shall be considered to have passed their probationary period
with OCFA.
D. Continuous employment with the City shall be considered the same as continuous
employment with OCFA for all Transitioning Employees for the purposes of meeting
minimum requirements for promotional opportunities, lay -off protections and the accrual
of vacation and sick leave. "Exhibit 4" to this MOU sets forth the seniority in rank for
Transitioning Employees. Transitioning Employees shall accrue vacation and sick leave
at the OCFA at the rates designated in the applicable OCFA bargaining unit MOU for
employees based on years of service, which includes service time with the City of Santa
Ana. Transitioning members shall be governed by the provisions outlined in as "Exhibit
3 ".
E. As addressed in item four (4), page two: Transitioning Employees or New Hires and
set forth in "Exhibit 2" to this MOU, OCFA shall offer employment effective 8:00 a.m.,
April 20, 2012, to one designated non -sworn employee, who held the sworn position of
Administrative Chief /Fire Marshal with the City on the effective date of this agreement.
Such non -sworn employee is considered a "new hire" for all purposes.
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F. "Exhibit 2" to this MOU sets forth the name of the sworn Administrative Chief /Fire
Marshal who shall be offered employment, the class or job title being offered and the
OCFA salary step at which the non -sworn SAFMA member shall be placed on the date
of hire.
G. Other specific information relative to wages, hours, and other terms and conditions of
employment is contained in the applicable OCFA bargaining unit MOU's. Such items are
subject to modification through the collective bargaining process between the OCFA and
the bargaining unit which represents such employees.
11. Ratification and Execution. The City and SAFMA have reached an understanding as to
certain recommendations to be made to the City Council for the City of Santa. The City and
the SAFMA acknowledge that this Agreement shall not be in full force and effect until ratified
by the membership of SAFMA 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 SAFMA and entered into this 21St day of February 2012.
Dated:
Dated: "Z t�
Dated: F 2, i --
ATTEST:
CITY OF SANTA ANA, a
Municipal Corporation of the
"`-- -�
CITY MANAGER
By i",, ( ,.
EXECUTIVE DIRECTOR -
PERSONNEL SERVICES
APPROVED AS TO FORM:
CLERK OF THE COUNCJ�/ /' C/TY ATTORNEY
This Agreement has been ratified by the membership of the Santa Ana Fire Management
Association.
Dated: z
SANTA ANA FIRE MANAGEMENT ASSOCIATION
By:
RANDY LACK, PRESIDENT
Anthony Espinosa
nery
Delores Smith
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EXHIBIT 3
TRANSITION OF EMPLOYMENT AGREEMENT
BETWEEN
ORANGE COUNTY FIRE AUTHORITY CHIEF OFFICERS ASSOCIATION
AND
ORANGE COUNTY FIRE AUTHORITY
TERM OF AGREEMENT: SEPTEMBER 28,20" THROUGH DECEMBER 11, 2013
PAGE 1 OF 2
In consideration of the Orange County Fire Authority's COCFA -) intent to, by contractual
agreement provide frre services for public agencies within Orange County who had previously
provided fire services through their own Fire Department, the Orange County Fire Authority and
the Orange County Fire Authority Chief OIIScers Association (OOCFACOA") agree to the
following provisions involving the transition of employees from other public fire service agencies
within Orange County to employment with the OCFA:
OCFA
1. Except as specifically modified In 2., 3., 4., and 5. below, seniority for transitioning public
fire service agency employees shall be based on the dated of transition from the public
fire service agency to the OCFA.
2. Transitioning public fire service agency employees, continuous employment with the
public firs service agency from which they are transitioning shall be considered the same
as continuous employment with the OCFA for the purpose of-
A. Sick leave and vacation accruals, and
B. Meeting minimum requirements for promotional opportunities.
3. Transitioning public fire service agency employees, continuous employment with the
public fire service agency from which they are transitioning shall be considered the same
as continuous employment with the OCFA for the purpose of layoff seniority within the
limitations described below:
A. Credit for public fire service agency time for layoff seniority shall be limited to the
number of safety (suppression) employees required for the service level agreed
to by the contracting public fire service agency. Transitioning employees in
excess of this number shalt not receive credit for these purposes, except as
specified in 3.8. below.
8. When an employee, who has received seniority credit pursuant to 3.A above,
leaves employment with the OCFA, the provisions of 3.A above shall be applied
to the transfioned employee who has the longest continuous service in the same
public fire service agency, but who has not previously received credit for seniority
under the provisions of 3.A. above.
4. To the extent not provided with their transition to employment with the OCFA, the parties
agree to apply the provisions of 3.A and 3.B above to employees who previously
transitioned to the OCFA from the cities of Stanton and Seat Beach
S. To the extent not provided with their transition to employment with the OCFA, the
parties also agree to apply the provisions of 3.A. and 3.B. above to employees
OCFACOA
TRANSITION OF EMPLOYMENT AGREEMENT
PAGE 2 OF2
who on or before July 1. 1980 transitioned to the OCFA from the California Department
of Forestry.
6. Nothing in this Agreement shall be construed in a manner that would provide credit for
service with a public fire service agency other that the OCFA for any
purpose not specifically provided herein.
7. The parties agree that this Agreement resolves all issues regarding seniority for
employees transitioning from the California Department of Forestry and cow of Stanton
and Seal Beach and all issues regarding seniority for employees p ansitioning in the
future from other public fire service agencies within Orange County pursuant to service
contracts with the OCFA.
8. The parties agree that this Agreement shall not serve as a precedent for any grievance,
dispute, lawsuit or appeal between the parties, excepting those issues specifically
resolved by this Agreement.
9. Disputes regarding the application of the provisions of this Agreement shall not be
subject to appeal through the Gnevance P are set forth in Article D( of the Fine
Management Unit AAemorandum of Understanding.
ORANGE COUNTY FIRE AUTHORITY
OCF,
ORANGE COUNTY FRE AUTHORITY CHIEF
OFFICERS 7.4�
Ron 816ul, COA Chief Negotiator
David hips, COA Negotiator
/Int.�
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OCF
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