HomeMy WebLinkAboutFire Management Unit - 091813 c MEMORANDUM OFUNDERSTANDING
Fire Management Unit
2013 - 2015
This Memorandum of Understanding is entered into pursuanttothe Meyers-Millias-BrownAct(California
Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah,
between the City of Ukiah (hereinafter "City") and the Fire Management Unit (hereinafter"UniY'). As a
result of ineet and confer sessions, the City and Unit have agreed to the following understandings.
1. Term I
The term of this Agreement shall be two (2)years, effective September 18, 2013,through September 18, I�
2015.
2. 5% Salarv Reduction
Effective the first full pay period following adoption of this Memorandum of Understanding, the Fire
Management Unit agrees to a 5% ongoing reduction in salary.
3. Cost Sharinct Aqreement
For FY 2013-14 and FY 2014-15, the Unit agreed to concessions and the City agreed to restore and
refund an amount equivalent to a portion of revenue if actual revenues exceed adopted budgeted
revenues in the General Fund according to the formula listed in the sections below. Given that the
formula is based on fiscal year audited revenues, the provisions of this section shall remain in full
effect beyond the two year term of this agreement until the audit is completed and available for the
purposes of implementing this section of the MOU. The total salary concession for this Unit on an
annual basis is $15,312.70.
This provision provides for the restoration and refund of the concession amount should the total
audited revenues of each fiscal year corresponding to the term of this agreement exceed the adopted
budgeted revenues of the General Fund for Fiscal Year 2013-14 by $100,000 or more.
. The City shall restore an amount equivalent to a percentage calculated by taking the difference in
audited revenue for each corresponding year of this MOU and the base year revenue adopted in ,
the FY 2013-14 General Fund Budget and dividing the absolute value by the adopted General '
Fund FY 2013-14 identified deficit. This shall occur the first full pay period following the City I
Council's receipt of the audit. il
EXAMPLE:
(Audited GF Revenue' - Base Year Adopted FY 13-14 GF Revenue`) _ °% of Concession
Adopted FY 2013-14 GF Deficit
Returned"
' Audited GF Revenue for the corresponding agreement year
z Base Year GF Revenue as identified in adopted the FY 13-14 Budget
�$14,375,555), Page ES-6
GF Deficit as adopted in FY 13-14 Budget ($978,894)
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� . The restoration shall be applied to base salary at an amount equivalent to the calculated '
percentage multiplied to the base salary of each Unit member up to an amount that shall not
exceed the concession amount.
• Furthermore, the City shall refund in a lump sum payment to each Unit member the concession
amount in part retained by the City over each corresponding fiscal year of the term of this MOU if
audited revenues exceed the base year revenue. The lump sum payment shall be equal to the
calculated percentage from the formula above multiplied by the base salary received during the
same term.
• In accordance with CaIPERS law, this payment will not be reported as "pay rate" or "special �
compensation" and will not be reported to CaIPERS for the purposes of pension
calculations.
This language reflects the current 2013-14 Fiscal Year City of Ukiah budget methodology. If the City
changes the way revenue is accounted, the Unit will be notified in writing and the City shall meet and
confer with the Unit to develop equivalent methodology for determining General Fund revenue. I
Audited revenue is subject to review by the Unit and City staff. Any discrepancies will be identified
by the Unit and shall be submitted to the City. Discrepancies identified by the Unit will be reviewed
by the City and shall be applied for the purposes of this provision as agreed to by the City and
Unit.
The audited revenues are typically found on "Schedule 1 — General Fund Schedule of Revenues,
Expenditures and Changes in Fund Balances — Budget and Actual for the Year Ended June 30, I
" in the Audited Financial Statements.
Year 1- Example 1 (9/12 of a vear based on the 9/18/2013 MOU adoation date)
$14,456,000 $14,376,000` _ $80,000 = 0% Concession
Restored
$978,894
+ Rounded for purpose o!illustralion
Year 1 — Example 2 I
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$14,876,000 $14,376,000 = $500,000 5108 or I
= 51.08% of
$g�g ggq Concession
Restored ($5,866)
Year 2 — Example 1
$14,436,000 $14,376,000 = $60,000 _ 0% Concession
Restored
$978,894
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Year 2 - Example 2
_ 7151 or71.51%
$15,076,000 $14,376,000 = $700,000 ($10,950) of I
Concession
$978,ggq = restored, which
includes the 51.08% !
in the Year 1 I
Example.
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5. Pension Reform Act of 2013 (PEPRA) I
The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement
Law (PERL) amendments in Assembly Bill (AB) 340 became law on September 12, 2012, and the
provisions were effective January 1, 2013. i
The Fire Unit and the City agree to implement ail PEPRA provisions, and all applicable amendments
thereto. Effective January 1, 2013 Fire Unit employees defined by PEPRA as "new members" shall
pay 50% of the total normal cost for the new Fire-Safety pension formula 2.7%@ 57, which is '
currently 12.25% of reportable compensation, with a three-year final compensation period. "Classic
members" (employees hired prior to January 1, 2013) will retain the 3% @ 55 Fire-Safety PERS
formula, 10% member contribution, with a one-year final compensation period.
The PEPRA defines a" new membe�' as : a) A new hire who is brought into CaIPERS membership for
the first time on or after January 1, 2013, and who has no prior membership in any California public
retirement system; b.) A new hire who is brought into CaIPERS membership for the first time on or after
January 1 , 2013, and who is not eligible for reciprocity with another California public retirement system;
3.)A memberwho first established CaIPERS membership priorto January 1, 2013, and who is rehired by
a different CaIPERS employer after a break in service of greater than six months.
6. Retiree Medical Insurance Requirements
The minimum years of City service required to continue participation in the City's medical, dental and/or
vision insurance plans upon retirement will be increased from 7 years to 10 years, effective 7-1-2014, in
order to comply with REMIF retirement insurance eligibility requirements, standardized for all REMIF
cities.
7. Haz-Mat Certification
The number of "certified" Haz-Mat positions shall be determined by the Fire Chief.
8. Overtime PaV for Extraordinarv Dutv
The City agrees to amend the Fire Management overtime provision for FLSA-exempt Fire Division Chief
duty while committed to State OES emergency incidents, to comply with State OES requirements for
I reimbursement to the City, as follows:
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Division Chiefs are exempt employees who are occasionally required to commit to catastrophic events
that may span multiple operational periods. These types of events would include: floods, earthquakes, �
declared disasters, fires and prolonged emergency situations. These extraordinary events may be more
than fifteen {15) hours in duration. Such service is considered "e�raordinary"and is beyond the scope of ,
their normal duties. The City of Ukiah intends to fairly compensate exempt classes of Unit employees at
an overtime rate for work during such extraordinary events in order to protect life, property and the
environment.
Overtime for such extraordinary time worked shall be defined as time worked in excess of ten (10)hours,
Monday through Thursday, and any hours on Fridays, Saturdays, Sundays and Holidays. For Incidents
of fifteen (15) hours or less there may be no overtime pay. If the duration of the response exceeds
fifteen (9 5) hours, overtime pay shall cover the entire time of the extraordinary commitment, beginning at
the time of initial dispatch from home base, to the time of return to home base. There shall be only one
fifteen (15)-hour period from time of original dispatch, regardless of the number of assignments, until
normal scheduled duties are resumed.
Overtime for such time worked by exempt classes of employees shall be compensated at one and one-
half times the base hourly rate.
10. CONTINUATION I
The City and the Unit agree that all conditions of employment established by City policy, including all
conditions affecting wages, hours, and working conditions that are not specifically addressed in this
Memorandum of Understanding, shall continue in effect and shall not be affected by the terms of this
Memorandum of Understanding.
The value or availability of the benefits provided in the Memorandum of Understanding as originally
worded or as amended from time to time may depend on their tax treatment by the state or federal
government or the decisions of other government agencies or departments, such as, but not limited
to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable
treatment legally possible from these other governmental entities. However, the City makes no
representation concerning the value of such benefits to unit members or how they will be taxed or
otherwise treated by other agencies or departments. The City's obligations under this Memorandum
of Understanding are limited to the direct cost of providing the salary and benefits as described in the
Memorandum of Understanding. The City shall have no additional financial obligation, even if the Yax
or other treatment of such salary or benefits by other agencies or departments reduces or eliminates
their value to the employee.
This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the
following representatives this 18 day of September, 2013.
CITY OF UKIAH FIRE MANAGEMENT UNIT
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' '� r, i�: r �� f!�_�L L�,..�-.�-� � � � �
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Jane Chambers ` Kevin Jennings, ire Division Chief '
City Manager //�' J
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3:MOU/FIRE MANAGEMENT UNITC2013-2015 Kirk Thomsen, Fire Division Chief
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� RESOLUTION NO. 2013-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDA OF
UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD, FIRE, FIRE
MANAGEMENT, MISCELLANEOUS, MANAGEMENT AND POLICE UNITS
WHEREAS, the Empioyee/Employer Relations Officer and her Designees have met and
conferred in good faith wdh representatives of the Departmerrt Head, Fire, Fire Management,
' Miscellaneous, Management, and Police Units; and
WHEREAS, Memoranda of Understanding for the tertn of September 18, 2013 through
September 18, 2015 for ongoing 5% compensation reductions have been agreed to; and
WHEREAS, said Memoranda of Understanding have been presented to the City Council for
its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Memoranda of Understanding are hereby
adopted and the Empfoyee/Empioyer Relations O�cer is authorized to enter into these Agreements.
PASSED AND ADOPTED this 18"'day of SepEember 2013, by the following roll cal!vote:
AYES: Landis, Thomas, Baldwin, and Crane i
NOES: None I
ABSENT: None
ABSTAIN: None �
`/�,�,,.���,.Q`� C�.� _
Douglas F rane, Mayor
ATTEST:
�,��i�� l�L�C'.��--.
Kristine Lawler, City Clerk
3:mouUesmou2013
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