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HomeMy WebLinkAboutCC Reso 2022-20 - MOU - Fire Association Local 3686 RESOLUTION NO. 2022-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND UKIAH PROFESSIONAL FIRE ASSOCIATION LOCAL 3686 WHEREAS, the City of Ukiah Employee/Employer Relations Officer and Human Resources Director meet and confer in good faith with the bargaining units on matters including wages, hours, and the terms and conditions of employment for represented employees; and WHEREAS, the terms and conditions contained herein have been negotiated by the City of Ukiah and Ukiah Professional Fire Association Local 3686 and such terms and conditions have been agreed upon by both parties; and WHEREAS, this Memorandum of Understanding includes all terms and conditions of employment with respect to wages, hours, and working conditions applicable to the Ukiah Professional Fire Association Local 3686 for the period of April 1, 2022 through and September 18, 2025; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby approves and authorizes the City Manager to execute this Memorandum of Understanding (Attached as Exhibit A)on behalf of the City. PASSED AND ADOPTED this a day of April 2022, by the following roll call vote: AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None O. Brown, Mayor ATTEST: K stine Lawler, City Clerk EXHIBIT A MEMORANDUM OF UNDERSTANDING Between The City of Ukiah And Ukiah Professional Firefighters Association, Local 3686 This Memorandum of Understanding("MOU") is entered into by and between the City of Ukiah ("City") and the Ukiah Professional Firefighters Association, Local 3686 ("Association") (collectively referred to as"Parties"). Having met and conferred in accordance with Government Code section 3500, et. seq.,the City and the Association agree to the following understandings: I. Recognition The City recognizes the Association,which is acknowledged to be affiliated with the Ukiah Professional Firefighters Association, Local 3686, as exclusive representative for the purposes of establishing wages, hours, and other terms and condition of employment for all full-time employees in the classifications listed below and to any other classification, which may be established within the scope of the duties now included with these classifications: Ambulance Operator/EMT Ambulance Operator.'Paramedic Firefighter Driver Operator 0 Fire Captain Fire Marshal Fire Battalion Chief 2. Term The term of this MOU shall be from April 1, 2022 through September 18, 2025. 3. Waizes and Working Hours Effective with adoption of this MOU,the salaries of all employees covered under this MOU shall be stated in Appendix A, to include the addition of Fire Marshal, Ambulance Operator/EMT, and Ambulance Operator/Paramedic. The basis for these computations shall be as follows: 1. Hourly rates for 56-hour employees shall be calculated by dividing an employee's annual salary by 2912. 2. Hourly rates for 40-hour employees shall be calculated by dividing the employee's annual salary by 2080. 4. Fair Labor Standards Act(FLSA) Work Period 1. 24-Day Work Period Page 1 of 6 Effective July 1, 2006, the City and Association elected a 182 hour124-day extended work period, as authorized under Section 207(k) of the FLSA, for purposes of determining FLSA overtime.The salary provided to employees assigned to this schedule covers straight time pay for 192 hours each 24-day work period. Hours actually worked from 183-192 are paid an additional payment of 0.5 times the regular rate of pay and hours actually worked in excess of 192 are compensated at 1.5 times the regular rate of pay. i. Suppression personnel work a 48/96 hours schedule. 2. 7-Day Work Period Employees assigned to a 40 hour/7-day work period, in accordance with FLSA, are compensated overtime at 1.5 times the regular rate of pay for actual hours worked over 40 hours in a week. 5. Inclusion of Fire Marshal,. Battalion Chief, and Ambulance Operator EMT/Paramedic Classifications For purposes of incorporating and defining the leave benefits associated with the newer classifications of Fire Marshal, Battalion Chief and Ambulance Operators,see Appendix B for a breakdown of benefit tiers for all recognized classifications. 6. Year 1 All provisions in Year 1,with the exception of the second salary increase,are effective the first full pay period in April 2022. 1. Salaries Effective the first full pay period in April 2022, employees will receive a salary increase to base salary as follows: Classification dj. Firefighter&Ambulance Operator EMT/Paramedic 5.62% Driver Operator (formerly Fire Engineer) 5.55% Captain 5.78% Battalion Chief 14.26% Effective the first full pay period in September 2022, Ambulance Operators, Firefighters, Driver Operators, Captains, and Fire Marshal will receive a 5% salary increase to base salary. 2. Educational Incentive Pay The Educational Incentive provision will be replaced with the following: Page 2 of 6 The City will pay compensation to employees for completing educational courses, certificates and degrees,which enhance their ability to do their job as follows: • An educational incentive premium of 2.5% will be paid to employees in the rank of Ambulance Operator,Firefighter,Driver Operator,Captain,or Fire Marshal who obtain an Associate's degree or higher awarded by a community college, college, or university accredited by a national or regional accrediting body recognized by the United States Department of Education. • An educational incentive premium of 2.5% will be paid to employees in the rank of Battalion Chief who obtain a Bachelor's degree or higher awarded by a community college, college, or university accredited by a national or regional accrediting body recognized by the United States Department of Education. The 2.5%and 2.5%educational incentives shall not be combined. The Parties agree that this educational incentive premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 3. Paramedic Premium Pa The Paramedic Stipend provision will be replaced with the following: Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who are licensed by the State of California as an EMT-P(paramedic)will receive an additional 10% of their base monthly salary as compensation. These employees may be assigned to act as paramedics and may augment the normal assignment on a fire apparatus. The parties agree that this paramedic premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 4. SRecial Assignment/Premium Pay i. Bilinaual Premium The Bilingual Pay provision with be replaced with the following: The City will pay compensation to employees who are routinely and consistently assigned to positions requiring communication skills in Spanish and American Sign Language (ASL) as follows: Employees who are designated by the City as fluent in Spanish (includes ability to read and write) or ASL (includes ability to interpret complex conversations) shall receive an additional 5% of their base monthly salary as compensation for the additional responsibilities. Association members who are not fluent, but have been designated by the City as possessing the skill to converse in Spanish or ASL well enough to communicate during a basic call for service shall receive an additional 3% of base monthly salary as compensation for the additional responsibilities. The 5% pay and 3% pay shall not be Page 3 of 6 combined and 5%is the maximum premium allowed for any combination of the recognized communication skills. The City may use a variety of techniques to test an employee's proficiency in either language, and may require an employee to re-test on occasion. The Parties agree that this bilingual premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. ii. Fire Instructor Premium The City will provide compensation to employees who obtain Fire Instructor certification as follows: • Fire Instructor II—Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who maintain Instructor 11 certification for at least 5 classes, as approved by the Chief,will receive 2.5%of their base monthly salary as compensation for additional responsibilities. Employees must qualify through an FTO type process determined by the Chief, and be available to instruct classes as assigned and scheduled by the department. • Fire Instructor III—Employees in the rank of Firefighter,Driver Operator,Captain, Fire Marshal or Battalion Chief who maintain Instructor II certification for at least 5 classes and Instructor Trainer certification for at least 3 classes, as approved by the Chief, will receive 5% of their base monthly salary as compensation for additional responsibilities. Employees must qualify through an FTO type process determined by the Chief, and be available to instruct classes as assigned and scheduled by the department. The 2.5%and 5%pay shall not be combined. The Parties agree that this Fire Instructor premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. iii. Swiftwater Rescue Technician Premium Employees in the rank of Firefighter, Driver Operator, Captain, hire Marshal or Battalion Chief,who maintain the core competencies and training to qualify as a Swiftwater Rescue Technician, shall receive an additional 1%of their base monthly salary as compensation. The Parties agree that this Swiftwater Rescue Technician premium is not special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. iv. Volunteer Coordinator Premium The City will pay a $100 per month premium to up to 1 person, assigned by the Chief, to coordinate the Volunteer Firefighter Program. The responsibilities include, coordinating interviews and intake of volunteer applicants, as well as scheduling physical examinations Page 4 of 6 and livescans; issues, inspects, and tracks volunteer PPE; and tracks volunteer attendance records, drills, and calls. The Parties agree that this Volunteer Coordinator premium is not special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 5. Uniform AIlowance The Association agree to have the current Uniform Allowance provision removed from the MOU. A new Uniform Allowance provision is under development and will be negotiated outside of the MOU. 7. Year 2 Effective the first full pay period following September 19, 2023, all classification will receive a 2.5% salary increase to base salary. 8. Year 3 1. Salaries i. Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark — consisting of total revenue collected for property tax, sales tax and transient occupancy tax — falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-San Jose figures for April, to a maximum of 3%. In no case shall this result in a decrease in compensation. ii. Effective upon ratification of this MOU, the Battalion Chief classification will receive an additional 0.97%salary increase to base salary. 2. Special Assignment/Premium Pay i. Haz Mat Technician/Specialist Premium The Haz Mat Specialist Pay provision will be replaced with the following: Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who are assigned by the Chief and qualify as a Haz Mat Technician shall receive an additional I%of their base monthly salary as compensation. Those assigned by the Chief and qualify as a Haz Mat Specialist shall receive an additional 2% of their base monthly salary as compensation. The 1%and 2% pay shall not be combined. Employees receiving this premium must complete 24 hours of specific hazardous materials training annually, and maintain at least 80% attendance at all regularly scheduled REHIT meetings and trainings; and be available for response/callback). Page 5 of 6 The Parties agree that this Haz Mat premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. ii. Fire Investigator Premium Employees in the rank of Firefighter,Driver Operator,Captain,or Battalion Chief who are formally assigned as a Fire Investigator by the Chief, shall receive a 2% premium when scheduled to work and as evidenced on employee's authorized timecard. The Chief may authorize up to 2 employees per shift to receive the Fire Investigator premium. This premium applies to the Fire Marshall at all times. The Parties agree that this Fire Instructor premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 9. Comprehensive Memorandum of Understanding The City and Association agree to continue to develop a comprehensive (single document) MOU incorporating all current and previous agreements currently applicable during the term of this contract. 10. Continuation The City and the Association 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 MOU, shall continue in effect and shall not be affected by the terms of this MOU. The value or availability of the benefits provided in the MOU 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 Association members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial obligation,even if the tax 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 6th day of April 2022. CITY OF UKIAH UKIAH PROFESSIONAL FIREFIGHTERS Sage Sangiacomo, City Manager Anthony Selvitella, President Page 6 of 6 Appendix A Fire Unit Salary Schedule EffeectiveAprH3,2022 Grade lClassification Step 0 1 Step 1 Step 2 Step 3 Step 4 4063 Ambulance Operator/EMT Annual $55,706.52 $58,491.94 $61,416.48 $ 64,487.28 $ 67,711.68 Monthly $ 4,642.21 $ 4,874.32 $ 5,118.04 $ 5,373.94 $ 5,642.64 Hourly $ 19.13 $ 20.09 $ 21.09 $ 22.15 $ 23,25 4064 Firefighter/EMT Annual $58,638.37 $61,570.32 $64,648.80 $ 67,881.24 $ 71,275.32 4065 Ambulance Operator/Paramedic Monthly $ 4,886.53 $ 5,130.86 $ 5,387.40 $ 5,656.77 $ 5,939,61 Hourly $ 20.14 $ 21.14 $ 22.20 $ 23.31 $ 24.48 4066 Driver Operator Annual $61,566.01 $64,644.36 $67,876.56 $ 71,270.40 $ 74,833.92 Monthly $ 5,130.50 $ 5,387.03 $ 5,656.38 $ 5,939.20 $ 6,236.16 Hourly $ 21.14 $ 22.20 $ 23.31 $ 24.47 $ 25,70 4069 Captain Annual $71,306.17 $74,871.48 $78,615.00 $ 82,545.72 $ 86,673.00 Monthly $ 5,942.18 $ 6,239.29 $ 6,551.25 $ 6,878.81 $ 7,222.75 Hourly $ 24.49 $ 25.71 $ 27.00 $ 28.35 $ 29.76 4260 Battalion Chief Annual $86,674.71 $91,008.48 $95,558.88 $100,336.80 $105,353.64 Monthly $ 7,222.89 $ 7,584.04 $ 7,963.24 $ 8,361.40 $ 8,779.47 Hourly $ 29.76 $ 31.25 $ 32.82 $ 34.46 $ 36.18 Based upon a 2922 work schedule(56-hour work week) 4070 Fire Marshal Annual $71,306.17 $74,871.48 $78,615.00 $ 82,545.72 $ 86,673.00 Monthly $ 5,942.18 $ 6,239.29 $ 6,551,25 $ 6,878.81 $ 7,222.75 Hourly $ 34.28 $ 36.00 $ 37.80 $ 39.69 $ 41.67 Based upon a 2080 work schedule(40-hour work week) Page 1 of 3 Appendix A Fire Unit Salary Schedule E,YJ WVeWtember4,2a2z Grade lClassification Step 0 Step 1 Step 2 Step 3 Step 4 4063 Ambulance Operator/EMT Annual $58,491.85 $61,416.48 $64,487.28 $ 67,711,68 $ 71,097.24 Monthly $ 4,874.32 $ 5,118.04 $ 5,373.94 $ 5,642.64 $ 5,924.77 Hourly $ 20.09 $ 21.09 $ 22.15 $ 23.25 $ 24.42 4064 Firefighter/EMT Annual $61,570.28 $64,648.80 $67,881.24 $ 71,275.32 $ 74,939.08 4065 Ambulance Operator/Paramedic Monthly $ 5,130.86 $ 5,387.40 $ 5,656.77 $ 5,939.61 $ 6,236.59 Hourly $ 21.14 $ 22.20 $ 23.31 $ 24.48 $ 25.70 4066 DriverOperator _ Annual $64,644.31 $67,876.56 $71,270.40 $ 74,833,92 $ 78,575.64 Monthly $ 5,387.03 $ 5,656.38 $ 5,939.20 $ 6,236,16 $ 6,547.97 Hourly $ 22.20 $ 23.31 $ 24.47 $ 25.70 $ 26.98 4069 Captain Annual $74,871.48 $78,615.00 $82,545.72 $ 86,673.00 $ 91,006.68 Monthly $ 6,239.29 $ 6,551.25 $ 6,878.81 $ 7,222.75 $ 7,583.89 Hourly $ 25.71 $ 27.00 $ 28.35 $ 29.76 $ 31.25 4260 Battalion Chief Annual $86,674.71 $910008.48 $9S,558.88 $100,336,80 $105,353.64 Monthly $ 7,222.89 $ 70584.04 $ 7,963.24 $ 8,361.40 $ 8,779.47 Hourly $ 29.76 $ 31.25 $ 32.82 $ 34.46 $ 36.18 Based upon a 2912 work schedule(56-hour work week) 4070 Fire Marshal Annual $74,871.48 $78,615.00 $82,545.72 $ 86,673.00 $ 91,006.68 Monthly $ 6,239.29 $ 6,551.25 $ 6,878.81 $ 7,222.75 $ 7,583.89 Hourly $ 36.00 $ 37.80 $ 39.69 $ 41.67 $ 43.75 Based upon a 2080 work schedule(40-hour work week) Page 2 of 3 Appendix A Fire Unit Salary Schedule gdbctive Jlrst furl pa y period In September 2023 Grade lClassification Step 0 1 Step 1 I Step 2 1 Step 3 1 Step 4 4063 Ambulance Operator/EMT Annual $59,954.15 $62,951.88 $66,099.48 $ 69,404.40 $ 72,874.68 Monthly $ 4,996.18 $ 5,245.99 $ 5,508.29 $ 5,783.70 $ 6,072.89 Hourly $ 20.59 $ 21.62 $ 22.70 $ 23.83 $ 25.03 4064 Firefighter/EMT Annual $63,109.S4 $66,264.96 $69,578.16 $ 73,057.08 $ 76,709.88 4065 Ambulance Operator/Paramedic Monthly $ 5,259.13 $ 5,522.08 $ 5,798.18 $ 6,088.09 $ 6,392.49 Hourly $ 21.67 $ 22.76 $ 23.89 $ 25.09 $ 26.34 4066 Driver Operator Annual $66,260.41 $69,573.48 $73,052.16 $ 76,704.72 $ 80,539.92 Monthly $ 5,521.70 $ 5,797.79 $ 6,087.68 $ 6,392.06 $ 6,711.66 Hourly $ 22.75 $ 23.89 $ 25.09 $ 26.34 $ 27.66 4069 Captain Annual $76,743.27 $80,580.48 $94,609.48 $ 98,839.96 $ 93,282.00 Monthly $ 6,395.27 $ 6,715.04 $ 7,050.79 $ 7,403.33 $ 7,773.50 Hourly $ 26.35 $ 27.67 $ 29.06 $ 30.51 $ 32.03 4260 Battalion Chief Annual $88,941.58 $93,283.68 $97,947.84 $102,845.28 $107,987.52 Monthly $ 7,403.46 $ 7,773.64 $ 8,162.32 $ 8,570.44 $ 8,998.96 Hourly $ 30.51 $ 32.03 $ 33.64 $ 35.32 $ 37.08 8osed upon a 2912 work schedule(56-hour work week) 4070 Fire Marshal Annual $76,743.27 $80,580.48 $84,609.48 $ 88,839.96 $ 93,282.00 Monthly $ 6,395.27 $ 6,715.04 $ 7,050.79 $ 7,403.33 $ 7,773.50 Hourly $ 36.90 $ 38.74 $ 40.68 $ 42.71 $ 44.85 8osed upon a 2080 work schedule 140-hour work week) Page 3 of 3 Appendix B LEAVE BENEFITS VACATION ACCRUALS Association members shall earn and may accumulate vacation leave as indicated below: Firefighters, Driver O erators Cal2tains, Battalion Chiefs and Ambulance Operators (classifications assigned to 56-hour workweek): Vacation is earned and accrued hourly each pay period according to the following schedule and includes credit for holiday hours: Years of Service Hours Earned Per Pay Maximum Accrual Period 0-3 11.2 Hours 604.8 Hours 4-8 12.1 Hours 651.6 Hours 9-15 14.2 Hours 760.8 Hours 16 lus 15.1 Hours 807.6 Hours Fire Marshal (classifications assigned to a 40-hour workweek): Vacation is earned and accrued hourly each pay period according to the following schedule: Years of Service Hours Earned Per Pay Maximum Accrual Period 0-3 4.0 Hours 224.0 Hours 4-8 4.7 Hours 260.4 Hours 9-15 6.2 Hours 338.4 Hours 16-19 6.8 Hours 369.6 Hours 20 plus 8.0 Hours 432.0 Hours Conversion: In the event an employee is transferred between a suppression or ambulance assignment(56-hour work week) and a non-suppression or non-ambulance assignment(40-hour work week), accumulated vacation hours as well as prospective accumulation shall be converted, using a factor of 1.4 to maintain equivalent monetary value of said leave time. As such,the employee's vacation hours will be divided by 1.4 if he or she is transferred to a non-suppression or non-ambulance assignment from a suppression or ambulance assignment and will be multiplied by 1.4 if he or she is transferred to a suppression or ambulance assignment from a non-suppression or non-ambulance assignment. Vacation Buy Back Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour work week): An employee may sell back up to 120 hours of vacation to the City for the equivalent payment of the employee's current salary on an hour-for- hour basis. Payment for said hours shall be at the rate of the employee's base salary, at the 56- hour rate, and shall be included in their regular paycheck on the first pay date in December of Page 1 of 3 Appendix B each year. Employees shall submit a PAF to Payroll by November 151h for processing the following pay period. Vacation Cash Out Fire Marshal (classifications assigned to a 40-hour work week): Employees who reach their maximum vacation accrual may cash out one (1) week(40 hours) vacation, limited to one (1) time per fiscal year. This may be requested within two pay periods to the employee reaching their vacation accrual maximum. HOLIDAYS Employees are provided with the following paid holidays: DATE HOLIDAY December 31 New Year's Eve January 1 New Year's Day 3rd Monday,January Martin Luther King Birthday 3rd Monday, February Washington's Day Last Monday, May Memorial Day July 4 Independence Day 1 st Monday, September Labor Day 2nd Monday, October Indigenous People's Day November I 1 Veterans' Day 4th Thursday,November Thanksgiving Day 4th Friday,November Day following Thanksgiving December 24 Christmas Eve December 25 Christmas Day Added to vacation accrual each fiscal year 8/11.2 hours floating Holiday credit The 8-hour(40-hour) or 11.2-hour(56-hour) floating holiday credit is added to each employee's vacation accrual in the beginning of the fiscal year of each year. Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour work weeks Due to the nature of the fire shift schedule,actual holiday hours are factored into the vacation credit received by the employee. Fire Marshal (classifications assigned to a 40-hour workweek): Employees working a forty (40) hour work week shall observe holidays as paid days off and shall be compensated for as part of their current salary. SICK LEAVE ACCRUAL Association members shall earn and may accumulate sick leave as indicated below: Page 2 of 3 Appendix B Firefighters, _-Driver Operators. Captains, Battalion —Chiefs, and Ambulance Operators ,(classifications assigned to 56-hour workweek): Effective upon adoption of the 2015-2018 MOU, sick leave accrual decreased from 18 hours per month to 12 hours per month in accordance with industry standards as a resource for increasing the Unit's monthly health contribution. All employees hired after the adoption of the 2015-2018 MOU will accrue Sick Leave at 12 hours per month. Existing employees who elect to continue to receive"flex dollars"towards their health insurance options will continue to accrue Sick Leave at 18 hours per month. Existing employees who elect to receive the monthly health contribution, in lieu of"flex dollars" will accrue Sick Leave at 12 hours per month. This is a one-time, non-reversible election. Fire Marshal (classifications assigned to a 40-hour workweek Employees assigned to a 40-hour workweek will accrue 1-day(8 hours)of sick leave for each month of service. Page 3 of 3