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RES-2007-128A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL 2899, AND THE CITY OF ANAHEIM WHEREAS, the City of Anaheim and the Anaheim Firefighters Association, Local 2899, have met and conferred and reached an agreement with respect to amending Article 6- AFA Representatives of the Memorandum of Understanding dated July 1, 2005 through June 30, 2009; and WHEREAS, the Anaheim Firefighters Association is in agreement with the recommendation contained in said Letter of Understanding; and WHEREAS, as a result thereof, the Letter of Understanding dated June 19, 2007, between the parties has been prepared and signed; and WHEREAS, the City Council of the City of Anaheim finds that it is in the best interest of the City of Anaheim to approve the said Letter of Understanding. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated June 19, 2007 between the Anaheim Firefighters Association, Local 2899 and the City of Anaheim, a copy of which is attached hereto and incorporated by reference herein, is hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of July 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN:NONE ATTES CI CLERK OF THE '4! ANAHEIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY B RESOLUTION NO. 2007- 128 CI ANAHEIM MAYOR OF THE CIT HEIM I \OT4031 CS. DOC LETTER of UNDERSTANDING between the ANAHEIM FIREFIGHTERS ASSOCIATION Local 2899 and the CITY of ANAHEIM The City of Anaheim (ANAHEIM) and the Anaheim Firefighters Association, Local 2899 (AFA) have met and conferred, and reached an agreement to replace Sections 6.6.1, 6.6.1.1 and 6.6.1.2 of the Memorandum of Understanding (MOU) between the Parties dated July 1, 2005 through June 30, 2009. The Parties agree to the following: 1. ARTICLE 6.6 of the MOU is suspended until the parties have entered into a successor MOU as provided in paragraph 2 below and is replaced with following: 6.6 ANAHEIM agrees that due to the unique work schedules of employees assigned to firefighter work the officers, employee representatives and officials of the AFA shall be allowed time off without loss of compensation or other benefits for activities concerned with the intemal management of the AFA. 6.6.1 ANAHEIM agrees to provide a combined total of up to 480 hours per year of paid released time from normal work assignments to the officers, employee representatives and officials of the AFA. The AFA shall reimburse ANAHEIM on an hour -for -hour basis at the employee's regular rate of pay for all hours of released time taken by the officers, employee representatives, and officials of the AFA. The provisions of Article 6.6.1 shall be suspended effective the first day of the pay period following approval of this Letter of Understanding by the City Council, and shall remain suspended until the parties have entered into a successor MOU as provided in paragraph 2 below. 6.6.2 ANAHEIM agrees to deposit in an Association Leave Bank one hundred sixty (160) hours the last pay period of 2007 and each calendar year thereafter. The last pay period shall be defined as the pay period producing the last check for a calendar year. The one hundred sixty (160) hours so deposited shall be utilized, in the following calendar year, only for attendance by officers, employee representatives, and officials at regularly scheduled AFA Board meetings and General Membership meetings. Hours deposited to the Association Leave Bank under the provisions of this Section 6.6.2 that were not used during the applicable calendar year shall not carry over into the next calendar year. 6.6.2.1 For every Association Leave hour(s) utilized, the equivalent amount of hour(s) shall be deducted from the Association Leave Bank. For the purpose of this Section "equivalent amount" shall be understood to require that one hour of Association Leave be deducted from the Association Leave Bank for each hour of Association Leave taken. 6.6.2.2 The Association Leave Bank is separate and apart from and in addition to time off without loss of compensation or other benefits allowed pursuant to Article 6.3,_and the Union Leave described in Section 6.6.3. 6.6.3 Regular, full time employees with an average, regular work week of fifty -six (56) hours shall have four (4) hours of Paid Leave deducted from their Paid Leave balance the first pay period following approval of this Letter of Understanding by the City Council, and the first pay period of each calendar year thereafter. 6.6.3.1 The four (4) hours deducted from each employee's Paid Leave account shall be deposited in a Union Leave Bank to be used to receive time off without loss of compensation or other benefits by the officers, employee representatives and officials of the AFA or their designee to engage in any activity consistent with the lawful purposes of AFA. 6.6.3.2 For every Union Leave hour(s) utilized, the equivalent amount of hour(s) shall be deducted from the Union Leave Bank. For the purpose of this Section "equivalent amount" shall be understood to require that one hour of Union Leave be deducted from the Union Leave Bank for each hour of Union Leave taken. 6.6.3.3 The Union Leave Bank is separate and apart from and in addition to the time off without loss of compensation or other benefits allowed pursuant to Article 6.3, and the Association Leave described in Section 6.6.2. 6.6.3.4 All unused hours deposited to the Union Leave Bank under the provisions of Section 6.6.3 shall carry over to the next calendar year. 6.6.4 ANAHEIM shall produce as monthly statement for the AFA of all Union Leave and Association Leave utilized. The statement shall include the date Leave was utilized, name of the employee using the Leave, the number of hours utilized that month, and the total number of hours used year to date. 6.6.5 Officers, employee representatives and officials shall not leave their duty or workstation without the knowledge of the appropriate Battalion Chief. 6.6.6 Meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 2. The Parties agree that the terms and conditions agreed to herein shall expire when the parties have entered into a successor Memorandum of Understanding, unless that new Memorandum of Understanding incorporates those terms and conditions. In the event the provisions of Section 6.6 enumerated herein do so expire, Section 6.6 shall revert to those original provisions suspended by the terms of this Letter of Understanding. STAFF OFFICIALS of the CITY OF ANAHEIM FIREFIGHTERS ANAHEIM, a Municipal Corporation ASSOCI ION, Local No. 2899 By Bv: By: By: By: Dated: e