Loading...
88-104RESOLUTION NO. 88R -104 ADOPTION OF A NEW MEMORANDUM OF UNDERSTANDING ESTABLISHING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS REPRESENTED BY THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL NO. 2899 WHEREAS, Ordinance 3040 of the City of ANAHEIM establishes the employer - employee relations system for the City; and WHEREAS, Section 1.06.100 of Ordinance 3040 requires a Memorandum of Understanding to be presented to the City Council or it statutory representative for determination; and WHEREAS, the City Council of the City of ANAHEIM finds adopting of a new Memorandum of Understanding executed on March 4, 1988, is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ANAHEIM that the Memorandum of Understanding between the City of ANAHEIM and the Anaheim Firefighters Association, Local 2899, executed by the City Management Representative and the Anaheim Firefighters Association, Local 2899, on March 4, 1988, as defined in the document attached hereto and incorporated by reference herein, meets with the approval of this Council and accordingly, is adopted with the effective date of January 8, 1988. BE IT FURTHER RESOLVED that Resolutions No. 87R -97, 87R -96, 87R -95, 87R -94, 87R -30, 87R -31, 86R -172, 86R -447, 86R -448, 86R -449, 86R -450, and 86R -570 are hereby repealed. BE IT FURTHER RESOLVED that the effective date of this resolution shall be the 8th day of January 1988. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of March , 1988. ATTEST: — W #M MAYOR OF THE C t TY OF ANAHEIM CITY CLERK OF THE CITY OF ANAHEIM APPROVED AS TO FORM: i C T ATTORNEY OF THE CITY OF ANAHEIM 81 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R- 104 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of March, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None_ AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R -104 on the 10th day of March, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 10th day of March, 1988. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R -104 duly passed and adopted by the Anaheim City Council on March 8, 1988. CITY CLERK OF THE CITY OF ANAHEIM MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND ANAHEIM FIREFIGHTERS ASSOCIATION January 8, 1988 through July 5, 1990 TABLE OF CONTENTS PAGE ARTICLE 1 Preamble 1 ARTICLE 2 AFA Recognition 1 ARTICLE 3 Scope 2 ARTICLE 4 Management Rights 3 ARTICLE 5 Employee Rights 4 ARTICLE 6 Check -Off 4 ARTICLE 7 AFA Representatives 5 COMPENSATION AND PAY PROVISIONS ARTICLE 8 General 7 ARTICLE 9 Classification 7 ARTICLE 10 Appropriate Salary Step 8 10.0 Merit Pay Schedule 8 10.4 Merit Pay Approval 9 10.5 Merit Pay Reduction 10 10.6 New Hires 10 10.7 Downward Reclassification 10 10.8 Lateral Reclassification 10 10.9 Upward Reclassification 11 10.10 Demotion 11 10.11 Pay Adjustment 11 10.12 Pay Adjustment Timing 11 ARTICLE 11 Incentive Pay 12 ARTICLE 12 Salary Relationships 12 ARTICLE 13 Hours of Work and Pay Day 13 ARTICLE 14 Alternate Work Schedules 13 ARTICLE 15 Adjusted Hours 14 -i- TABLE OF CONTENTS PAGE ARTICLE 16 Temporary Upgrading of Employee 15 ARTICLE 17 Payroll Deductions 17 EMPLOYMENT PROVISIONS ARTICLE 18 General 18 ARTICLE 19 Appointments and Promotions 19 ARTICLE 20 Employment Lists 21 ARTICLE 21 Probation 22 ARTICLE 22 Outside Employment 23 ARTICLE 23 Service Awards 23 ARTICLE 24 Training 24 ARTICLE 25 Suspension, Demotion and Dismissal 25 ARTICLE 26 Layoff and Reemployment 26 ARTICLE 27 Transfer 28 ARTICLE 28 Reinstatement 29 ARTICLE 29 Voluntary Demotion 30 LEAVE PROVISIONS ARTICLE 30 Bereavement Leave 31 ARTICLE 31 Holidays 32 ARTICLE 32 Industrial Accident Leave 35 ARTICLE 33 Jury Duty and Court Appearances 35 ARTICLE 34 Leave Without Pay 35 ARTICLE 35 Military Leave 39 ARTICLE 36 Sick Leave 37 -ii - TABLE OF CONTENTS PAGE ARTICLE 37 Vacation 43 ARTICLE 38 Paid Leave Program 46 PREMIUM PAY PROVISIONS ARTICLE 39 Overtime 53 ARTICLE 40 Fair Labor Standards Act 54 ARTICLE 41 Bilingual Pay 55 ARTICLE 42 Call Out 56 ARTICLE 43 Shift Differentials 57 ARTICLE 44 Manning 58 ARTICLE 45 Situational Manning 58 ARTICLE 46 Hazardous Materials Program 59 ARTICLE 47 Stand By 61 ARTICLE 48 Travel and Mileage Expense 61 WORK RULES ARTICLE 49 Tobacco Products 61 ARTICLE 50 Communicable Diseases 62 ARTICLE 51 Meal Allowance 62 ARTICLE 52 Uniforms and Laundry 63 GRIEVANCES ARTICLE 53 Grievance Procedure 64 53.4 Grievance Steps 65 -iii- TABLE OF CONTENTS PAGE 53.5 Arbitration Rules 66 MISCELLANEOUS ARTICLE 54 Insurance 67 ARTICLE 55 Joint Committee On Medical Programs 77 ARTICLE 56 Physical Examinations 78 ARTICLE 57 Exposure Record Program 79 ARTICLE 58 Fitness, Annual Medical, Substance Awareness Policy 79 ARTICLE 59 Permanent Light Duty Program 79 ARTICLE 60 Safety Committee 86 ARTICLE 61 No Strike 86 ARTICLE 62 Construction 86 ARTICLE 63 Savings Clause 87 ARTICLE 64 Duration 87 Signatures 88 APPENDIX A Wages 89 -iv- MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND ANAHEIM FIREFIGHTERS ASSOCIATION ARTICLE 1 PREAMBLE 1.0 The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Anaheim, (hereinafter called "ANAHEIM ") and the Anaheim Firefighters Association (hereinafter called "AFA ") and shall apply to all the employees of ANAHEIM working in the classifications set forth in Appendix "A ". 1.1 The terms and conditions of employment that are set forth in the Memorandum have been discussed in good faith between the staff officials of ANAHEIM and the AFA. The AFA agrees to recommend acceptance by its members of all of the terms and conditions of employment as set forth herein, and the staff officials of ANAHEIM agree to recommend to the City Council that all of the terms and conditions of employment as set forth herein be incorporated in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without any further action by either party. ARTICLE 2 AFA RECOGNITION 2.0 ANAHEIM hereby recognizes the AFA as the bargaining representative for all its members to the fullest extent allowable under California law applying to public employees. As - 1 - public employees, such employees shall have the right to discuss individual problems of employment with ANAHEIM, provided that upon request of the employee, the AFA shall be kept fully informed and have the right to be present at all such meetings between ANAHEIM and the individual. ARTICLE 3 SCOPE 3.0 All officers and positions of ANAHEIM are divided into the classified service and the exempt service. The exempt service shall include the following: 3.01 All elected officials and members of the boards and commissions. 3.02 The City Manager, City Attorney, City Treasurer and City Clerk. 3.03 Volunteer personnel and personnel appointed to serve without pay. 3.04 Architects, consultants, counsel, and others rendering temporary professional service. 3.05 Such positions involving seasonal or part -time employment as may be specifically placed in the exempt service by the Human Resources Director. 3.1 The classified service shall include all other positions that are not specifically placed in the exempt service by this ARTICLE. 3.2 The provisions of this ARTICLE and Memorandum shall apply only to the classified service unless otherwise specifically -2- provided. ARTICLE 4 MANAGEMENT RIGHTS 4.0 Management retains, exclusively, all its inherent rights, functions, duties and responsibilities except where specifically limited to this ARTICLE. The rights of Management include, but are not limited to, the exclusive right to consider the merits, necessity or organization of any service or activity provided by law, or administrative order; determine the mission of its constituent departments, commissions and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of ANAHEIM'S operations; determine the methods, means and personnel by which ANAHEIM'S operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 4.1 ANAHEIM in the exercise of its above enumerated rights will not recommend any revision or modifications to this Memorandum without first meeting and conferring in good faith on such recommendations with the AFA. 4.2 In cases of emergency when the City Council determines that an ordinance, resolution, rule or regulation must be adopted immediately without prior notice or meeting with the AFA, ANAHEIM will provide such notice at the earliest practicable time following the adoption of such ordinance, resolution, rule or regulation. -3- 4.3 ANAHEIM shall not be required to meet and confer in good faith on any subject preempted by Federal or State law or by the City Charter nor shall ANAHEIM be required to meet and confer in good faith on Management or Employee Rights as herein defined. Proposed amendments to this ARTICLE are excluded from the scope of meeting and conferring. ARTICLE 5 EMPLOYEE RIGHTS 5.0 Employees shall have all rights granted to public employees under California law. Employees shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations. Employees also have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with ANAHEIM. No employee shall be interfered with, intimated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his exercise of these rights. ARTICLE 6 CHECK -OFF 6.0 ANAHEIM agrees to check -off for the payment of the regular monthly AFA dues and to deduct such payment from the wages of all AFA members and employees when authorized to do so by said members and employees, and remit such payments to the AFA in accordance with the terms of signed authorizations of such members and employees. The deduction of such dues and the remittal of same by ANAHEIM to the AFA, shall constitute payment of said dues by such members and employees of the AFA. -4- ARTICLE 7 AFA REPRESENTATIVES 7.0 AFA representatives are those elected or appointed in accordance with the constitution and bylaws of the AFA. 7.01 The AFA shall notify the City Management Representative, in writing of the names and job classification titles of its officers, unit representatives, or other officials each time an election is held or new appointments are made. 7.02 An employee elected or appointed as an officer, director or representative of the AFA shall be required to work full time in his respective job classification. 7.1 Officers, directors and representatives (subject to the provision of ARTICLE 7.02) of the AFA shall be permitted to visit employee work locations for the purpose of observing conditions under which employees are working, provided such visit shall not interfere with the normal operations of the department or with established safety requirements. 7.11 Such officers, directors and representatives shall not enter any work location without the knowledge of the appropriate manager. 7.12 Solicitation of membership and all activities concerned with the internal management of the AFA, such as collecting dues, holding membership meetings, preparation of petitions or grievance material, preparation of proposals, campaigning for office, conducting elections and distributing literature, shall not be conducted at times during which involved employees are expected to provide a6z service to ANAHEIM. 7.2 In the event that the AFA is formally meeting and conferring with representatives of ANAHEIM on matters within the scope of representation during regular City business hours, a reasonable number of officers, directors and representatives or other officials of the AFA shall be allowed reasonable time off without loss of compensation or other benefits. 7.21 Such officers, directors, representatives and officials shall not leave their duty or work station or assignment without the knowledge of the appropriate manager. 7.22 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 7.3 ANAHEIM shall furnish bulletin boards at mutually agreeable, specific locations for the purpose of posting notices pertaining to AFA business. 7.31 All materials must be dated and must identify the AFA. 7.32 If the AFA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM'S bulletin boards. 7.4 ANAHEIM shall allow the AFA to conduct meetings in City facilities. 7.41 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at City facilities. Q-0 ARTICLE 8 GENERAL 8.0 Wages for the various classifications shall be set forth in Appendix "A" attached to this Memorandum and by this reference made a part hereof. ARTICLE 9 CLASSIFICATION 9.0 The Human Resources Director shall be responsible for recommending classification of all positions in the classified service on the basis of the kind and level of the duties and responsibilities of the positions, to the end that all positions in the same classification shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence and the same salary schedule. 9.01 A job classification may contain one or more positions. 9.02 Classification of all positions in the classified service shall require the approval of the City Manager. 9.1 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and /or qualification requirements of the position. 9.11 The Human Resources Director shall be responsible for recommending such reclassifications as he finds to be necessary. 9.12 A reclassification shall become effective upon IwC action by the City Manager on a Personnel Action Form. 9.13 Incumbents may or may not be reclassified with their positions, based upon the recommendation of the Human Resources Director, the Fire Chief, and the approval of the City Manager. ARTICLE 10 APPROPRIATE SALARY STEP 10.0 Regular, full time employees in the classified service shall be eligible for consideration for merit pay increases as follows: 10.01 To the "Q" step of the salary schedule after completion of six months of service in the "P" step. 10.02 To the "R" step after completion of six months of service in the "Q" step. 10.03 To the "J" step after completion of six months of service in the "R" step. 10.04 To the "A" step after completion of six months of service in the "J" step. 10.05 To the "B" step after completion of six months of service in the "A" step. 10.06 To the "C" step after completion of six months of service in the "B" step. 10.07 To the "D" step after completion of twelve months Win of service in the "C" step. 10.08 To the "E" step after completion of twelve months of service in the "D" step. 10.1 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his assigned duties, said employee may be given a special merit advancement to the next higher step without regard to the minimum length of service provisions contained in this ARTICLE upon the approval of the Fire Chief. 10.2 For purposes of this ARTICLE, "six months" shall be construed to mean thirteen (13) complete biweekly pay periods; and "one year" shall be construed to mean twenty six (26) complete biweekly pay periods. 10.3 Certain job classifications in the classified service, upon recommendation of the Human Resources Director and approval of the City Council shall be designated by the "S" before schedule numbers. Employees in these classifications shall be eligible for consideration for merit pay increases to the "D" step after completion of six months of service in the "C" step. They shall be eligible for consideration for merit pay increases to the "E" step after completion of six months of service in the "D" step. 10.4 Merit pay increases shall be granted upon approval of the Fire Chief for continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his position. 10.41 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in ARTICLE 10.4 and completion of the minimum required service in the next lower step as provided in ARTICLE 10.0. 10.5 An employee may be reduced by one or more steps on the basis of unsatisfactory work performance or conduct. 10.51 The employee may be returned to his former salary step at such time as deemed appropriate. 10.6 Newly hired employees shall normally be compensated at the lowest step of the salary schedule of the job classification for which they were hired. ANAHEIM may hire at a higher step in the salary schedule. 10.61 The provisions of this ARTICLE shall also apply to reemployed and reinstated employees. 10.7 An incumbent employee reclassified with his position to a lower job classification shall retain his regular hourly rate of pay and his anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to his regular hourly rate of pay. If the "E" step of the salary schedule of the lower job classification is lower than the incumbent's regular hourly rate of pay, the regular hourly rate of pay shall be identified as the "Y" step of the lower salary schedule. An employee compensated at the "Y" step because of a downward reclassification shall remain in the "Y" step, until such time as his job classification is assigned to a salary schedule in which the "E" step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the "E" step. 10.8 An incumbent employee reclassified with his position to an equivalent job classification shall retain his regular hourly rate of pay and his anniversary date for purposes of merit pay increases. -10- 10.9 An employee who is promoted or reclassified with his position to a higher job classification shall be placed in the step of the higher salary schedule that will provide a pay increase of not less than four percent (4%) except when the "E" step of the higher salary schedule provides a pay increase of less than four percent (4%), or when the "A" step of the higher salary schedule is more than four percent (4%) higher than the employee's current regular hourly rate of pay. The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 10.0. 10.91 An employee shall be placed at the entry level step in the salary range when promoted to Fire Fighter. 10.10 An employee who is demoted shall be placed in the step of the lower salary schedule that will provide a reduction in pay of not less than four percent (4%). The employee shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 10.0. 10.11 An employee in a job classification which is assigned to a different salary schedule as a result of a pay adjustment shall retain his same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 10.12 When more than one personnel action involving changes in an employee's salary step status become effective on the same day, all such changes shall be in accordance with the provisions of the preceding ARTICLES of this Memorandum, and shall take place in the following order of precedence: (1) adjustment to same salary step in newly authorized salary schedule; (2) merit pay advancement or reduction in salary step; (3) promotion, demotion, or reclassification. man ARTICLE 11 INCENTIVE PAY 11.0 ANAHEIM and the AFA agree that incentive pay shall be in accordance with Appendix "A ". Qualifications for incentive pay shall be established by the Fire Chief after meeting and conferring with the AFA. ARTICLE 12 SALARY RELATIONSHIPS 12.0 ANAHEIM and the AFA agree that wages for all classifications represented by the AFA shall be based on the salary relationships shown below: CLASSIFICATION COMPUTATION Arson /Fire .90 x Sr. Arson /Fire Investigator I Investigator rate Fire Captain I 1.30 x Fire Fighter I rate Fire Engineer I 1.125 x Fire Fighter I rate Fire Fighter I .1.00 Sr. Arson /Fire 1.10 x Fire Engineer I rate Investigator I (closest 40 hour rate) Level II's 1.025 x Level I rates Level III's 1.050 x Level I rates Level IV's 1.075 x Level I rates -12- Paramedics Assignment .13 x Fire Fighter I "E" Step Hazardous Materials Assignment .13 x Fire Fighter I "E" Step ARTICLE 13 HOURS OF WORK AND PAY DAY 13.0 The average, regular work week for employees in the classified service in classifications in Appendix "A "; with the exception of certain designated personnel in Fire. Suppression shall be forty (40) hours. 13.01 For all employees with an average regular work week of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 13.1 The regular work schedule for certain designated personnel in Fire Suppression shall be eight (8) twenty four (24) hour shifts in a twenty four (24) day cycle. The average work week of such designated personnel shall be defined as a fifty six (56) hour work week. 13.11 For all employees with an average work week of fifty six (56) hours, the monthly rate shall be the hourly rate times 2,912 divided by 12. 13.2 Regular salaries and compensation of all ANAHEIM employees shall be paid on a biweekly basis. ARTICLE 14 ALTERNATE WORK SCHEDULE 14.0 ANAHEIM and the AFA agree that an Arson Investigator of the Fire Department may work a ten (10) hour day and a fifty -13- (50) hour week and a thirty (30) hour week scheduled on an alternating basis. 14.01 The work day shall consist of ten (10) hours of work plus a one (1) hour unpaid lunch period. 14.02 The work weeks shall consist of five (5) days in one week of the biweekly pay period and three (3) days in the other week of a biweekly pay period on an alternating basis. Such schedule shall be worked out with Fire Department management. 14.03 Arson Investigators who perform authorized work in excess of the regular work week or work day as defined in this ARTICLE shall be compensated for such work at the rate of one and one half (1 1/2) times their regular hourly rate of pay. 14.04 Arson Investigator who does not work on those Holidays as set forth in ARTICLE 31 shall be required to submit a vacation request for two (2) hours for each Holiday not worked. 14.05 Such alternate work schedule may be revoked by either party upon notice in written to the other party. ARTICLE 15 ADJUSTED HOURS 15.0 A regular, full -time employee in the classified service with an average, regular work week of fifty six (56) hours shall be eligible for one hundred twelve (112) hours biweekly pay when the employee is at work or on leave with pay for all regularly scheduled work shifts during the pay period. Such employees on leave without pay shall have twenty four (24) hours deducted -14- from the one hundred twelve (112) hours biweekly pay for each work shift not worked during a pay period. Such employees appointed other than at the beginning of a pay period, or separated other than at the end of a pay period shall be paid for actual hours worked or a maximum of one hundred twelve (112) hours, whichever is less. ARTICLE 16 TEMPORARY UPGRADING OF EMPLOYEES 16.0 Temporary upgrading shall be defined as the temporary assignment of an employee to work in a job classification which is assigned to a salary schedule higher than his regular job classification. 16.1 If any employee is temporarily assigned to perform work at a lower rated job classification, his regular hourly rate of pay shall not be changed. Such temporary assignment of work shall be made at the discretion of ANAHEIM. 16.2 All holiday, vacation, sick leave and paid leave shall be paid at an employee's regular hourly rate of pay. 16.3 ANAHEIM and the AFA agree that parallel moves may be made within classifications or positions left vacant in order to avoid the necessity of working an employee at a higher rated job classification. 16.4 The determination of those persons qualified to work in higher rated classifications shall be established by ANAHEIM. Assignments to higher rated classifications shall be made at the sole discretion of ANAHEIM. 16.5 Under normal circumstances employees who are upgraded for a minimum of twelve (12) hours on a twenty four (24) hour shift -15- shall normally be upgraded in the following order: 16.51 on current eligibility list for the upgrade classification 16.52 currently certified by the Fire Department for the upgrade classification 16.53 as designated by management 16.6 Employees temporarily upgraded to the following job classifications shall receive a five percent (5%) pay differential for all time worked in the higher job classification during normal working hours if they are assigned to work in the higher job classification for a period of four (4) working hours or longer. Employees temporarily upgraded to any of these job classifications shall receive a five percent (5%) pay differential for all time worked in the higher job classification during other than normal working hours. Fire Captain I Fire Engineer I 16.7 Employees temporarily upgraded to a management job classification shall receive a five percent (5%) pay differential or the minimum rate of the management salary range whichever is higher. 16.8 Upgrade to a vacant position shall be limited to six months except in cases of extended leave with pay, industrial accident leave or leave without pay. -16- ARTICLE 17 PAYROLL DEDUCTIONS 17.0 Deductions of authorized amounts may be made from employees' pay for the following purposes: 17.01 Withholding Tax; 17.02 Contributions to retirement benefits; 17.03 Contribution to survivors' benefits; 17.04 Payment of life insurance and accidental death and dismemberment insurance premium; 17.05 Payment of nonindustrial disability insurance premium; 17.06 Payment of hospitalization and major medical insurance premium; 17.07 Payment to or savings in the Anaheim Area Credit Union; 17.08 Contributions to the United Way; 17.09 Payment of membership dues to the AFA; 17.010 Purchase of United States Savings Bonds; and 17.011 Other purposes as may be authorized by the City Council. -17- ARTICLE 18 GENERAL 18.0 It is hereby the declared personnel policy of ANAHEIM that: 18.01 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political consideration. 18.02 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and /or evaluations. 18.03 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 18.04 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 18.1 Any action concerning an employee's status of employment shall be processed on a Personnel Action Form. Such status shall become effective upon action by a management employee who has responsibility for authorizing such action. All full -time employees shall receive a true copy of any personnel action taken concerning their status of employment. 18.2 Job Bulletins regarding classifications represented by the AFA shall be sent to the AFA during recruitment periods. 18.3 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for -18- employment and promotion and ANAHEIM retains the right to reject any applicant for employment; PROVIDED, HOWEVER, that no test or qualification procedures utilized by ANAHEIM or refusal to accept for employment shall be done to discriminate for or against an applicant because of union or nonunion membership or because of race, color, creed, national origin, religion, sex, age or physical disability, except where age or lack of physical disability is a bona fide occupational qualification. 18.4 ANAHEIM agrees to announce the procedure and weighted value of each test that will be utilized of each formal promotional examination sixty (60) or more days in advance of the last day to apply for any promotional recruitment. ANAHEIM agrees that promotional examinations will not be scheduled between June 15th and September 15th. 18.5 ANAHEIM and the AFA agree that minimum qualifications for promotional examinations will be as designated by the Human Resources Director after consultation with the Fire Chief and that minimum qualifications of candidates applying for promotional examinations will be met by the last day to apply. ARTICLE 19 APPOINTMENTS AND PROMOTIONS 19.0 Appointments and promotions shall be based on merit and fitness to be ascertained so far as practicable by competitive examinations. Examinations shall be used and conducted to aid in the selection of qualified employees, and shall consist of recognized selection techniques which will, in the opinion of ANAHEIM, test fairly the qualifications of candidates. 19.1 Minimum standards of employment for each job classification shall be established by ANAHEIM. -19- 19.2 Vacancies in positions above the entry level shall be filled by promotion whenever one or more qualified candidates are available, except when a qualified, work disabled employee is placed in such position according to the Vocational Rehabilitation Administration Regulation. Promotions shall be on a competitive basis except when the Human Resources Director finds that the number of employees qualified for promotion is insufficient to justify competition. Appropriate consideration shall be given to promotional candidates' qualification, record of performance, and seniority, in that order. 19.21 Advancement to a higher paid job classification shall constitute a promotion. 19.3 Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, so that such appointments and promotions will be solely based on qualifications without regard to race, color, national origin, religious or political affiliation or belief, membership in or attitude toward any employee organization, sex, age, or physical disability, except where sex, age, or lack of physical disability is a bona fide occupation qualification. 19.4 Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job classification. At such times as a Fire Department management evaluation is included in the establishment of a promotional eligibility list, the list shall rank the eligible candidates in the order of final evaluation, and appointment from that list shall normally follow rank order. 19.5 The Fire Chief, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. -20- 19.6 In the absence of appropriate employment lists, a provisional appointment may be made by ANAHEIM of a person meeting the minimum qualifications for the position. An eligibility list shall be established within six months for any regular, full -time position filled by provisional appointment. In the event that any provisional appointee fails to qualify on the eligibility list as established within six months of his provisional appointment, said provisional appointee shall have his employment terminated at the close of the first complete biweekly pay period following the establishment of the eligibility list. 19.7 Appointments to certain grant funded positions as designated by the City Manager may be made without competitive examinations and /or evaluations. Such appointments may be made by ANAHEIM. In the event that a grant funded appointee fails to complete competitive examinations and /or evaluations and is not appointed to a City funded position during his period of employment under the grant, said grant funded appointee shall be terminated from City employment. ARTICLE 20 EMPLOYMENT LISTS 20.0 Employment lists, in order of their priority, shall be reemployment lists and eligibility lists. 20.1 Eligibility lists shall be created in accordance with the provisions of ARTICLE 19. 20.11 Eligibility lists may contain the names of one or more persons eligible for employment. 20.12 Open competitive eligibility lists shall remain in effect for a period of one year or until -21- depleted. Eligibility lists containing less than three (3) names may be considered depleted. Eligibility lists may be extended by the Human Resources Director for a period not to exceed one (1) additional year. 20.13 Promotional effect for depleted. eligibility lists a period of two shall remain in years or until ARTICLE 21 PROBATION 21.0 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administration Regulation, shall be subject to a period of probation. The regular period of probation shall be thirteen (13) complete biweekly pay periods with the exception of the Fire Fighter I classification who shall have a regular period of probation which begins on the date of appointment and ends twenty six (26) complete biweekly pay periods after completion of recruit training. 21.01 In the event an employee is assigned to light duty status or is absent from work due to a lengthy illness or injury during his probationary period, said employee's probationary status may be extended beyond the regular period of probation in the amount of one complete biweekly pay period for each complete biweekly pay period assigned to light duty status or is absent due to such illness or injury. 21.02 Upon successful completion of a probationary period, an employee shall be granted regular -22- status in the classification in which the probationary period is served. 21.1 The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and, if found to be below standards satisfactory to the appointing authority, the Fire Chief may reject the probationer at any time during the probationary period. Such rejections shall not be subject to review or appeal unless such a rejection is alleged to be contrary to the provisions of any state or federal laws. 21.11 An employee rejected period from a position promoted or transferred classification in which unless the reasons for h probationary period would during the probationary to which he has been shall be returned to the he has regular status is failure to complete his be cause for dismissal. 21.2 An employee shall be retained beyond the end of the probationary period only if the Fire Chief affirms that the services of the employee have been found to be satisfactory. ARTICLE 22 OUTSIDE EMPLOYMENT 22.0 An employee may engage in employment other than his job with ANAHEIM, if the Fire Chief determines that such outside employment does not interfere with the performance of assigned duties and does not constitute a conflict of interest. ARTICLE 23 SERVICE AWARDS 23.0 Service awards, in the form of service pins or the -23- equivalent, shall be presented to employees in classifications listed in Appendix "A" for: Five (5) years of service; Ten (10) years of service; Fifteen (15) years of service; Twenty (20) years of service; Twenty five (25) years of service; Thirty (30) years of service; Thirty five (35) years of service; Forty (40) years of service. Such a service award shall also be presented to any employee upon his retirement. 23.01 For purposes of this ARTICLE, the term "years of service" shall be defined as continuous, full -time service. ARTICLE 24 TRAINING 24.0 The Human Resources Director shall encourage the improvement of service by providing employees with opportunities for training, including training for advancement and for general fitness for public service. 24.01 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the City Manager. -24- ARTICLE 25 SUSPENSION, DEMOTION, AND DISMISSAL 25.0 The tenure of every employee shall be conditioned on good behavior and satisfactory work performance. Any employee may be suspended, demoted, or dismissed for good and sufficient cause. 25.1 When in the judgment of the Fire Chief, an employee's work performance or conduct justifies disciplinary action short of demotion or dismissal, the employee may be suspended without pay. Upon taking such action, the Fire Chief shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action. No employee shall be suspended for more than six months at any one time. 25.2 An employee may be demoted or dismissed upon recommendation of a Battalion Chief, whenever, in the judgment of the Battalion Chief, the employee's work or misconduct so warrants. Upon taking such action, the Fire Chief shall file with the employee and the Human Resources Director a written notification containing a statement of the substantial reasons for the action and the effective date of the action. 25.21 Employees in classifications listed in Appendix "A" may be placed on administrative leave with pay at the discretion of Fire Department management with the concurrence of the City Manager when the best interest of ANAHEIM is served by keeping employees suspected to have engaged in misconduct away from the work place. -25- ARTICLE 26 LAYOFF AND REEMPLOYMENT 26.0 Layoff for lack of work or lack of funds shall be on the basis of an evaluation of qualifications, and seniority within the affected job classification and the Fire Department. 26.01 An employee whose position has been abolished due to lack of work or lack of funds shall be reassigned by the Fire Chief to any position within the Fire Department in an equivalent or lower job classification for which he meets the minimum requirements and has department seniority over other employees in the job classification. If the employee whose position has been abolished does not have department seniority over other employees in equivalent or lower classifications, he may be reassigned by the Fire Chief to any vacant position within the Fire Department in an equivalent or lower job classification, for which he meets the minimum requirements. Employees so reassigned shall be placed in the salary step of the appropriate salary schedule closest to their regular hourly rate of pay. Employees so reassigned shall be reinstated to their former job classification and salary step status when positions in their former job classification within the Fire Department becomes vacant. Such reinstatement shall be on the basis of department seniority. 26.02 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within the Fire Department, he shall be reassigned by the City Manager to any vacant position in any other division or department in 0P4sz his job classification or in an equivalent or lower job classification for which he meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his job classification in any other division or department, he shall retain his rate of pay. If an employee is reassigned to a vacant position in an equivalent or lower job classification in any other division or department, he may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. Employees reassigned to vacant positions in an equivalent or lower job classification in any other division or department shall be reinstated to their former job classification and salary step status when positions in their former job classification within the Fire Department becomes vacant. Such reinstatement shall be on the basis of department seniority. 26.1 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he shall be placed on the reemployment list for his job classification. Persons on the reemployment list shall be reemployed with their former salary step status when positions in their job classification within the Fire Department from which they were laid off becomes vacant. Reemployment shall be on the basis of department seniority. Names on reemployment lists shall remain for a period not to exceed one (1) year. 26.2 Whenever an employee is reassigned to a vacant position in the same classification, an equivalent classification, or lower classification as herein provided, he shall retain the same anniversary date for purposes of merit pay increases. 26.3 Whenever an employee is reinstated to a vacant position -27- in his former job classification, or reemployed as herein provided, he shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 10. 26.31 An employee reinstated from the reemployment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he had accrued at the time of layoff if he elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 36, SICK LEAVE. 26.4 The AFA agrees that ANAHEIM may amend this ARTICLE without further discussion with the AFA. Notwithstanding the amendment specified above, ANAHEIM and the AFA agree that ANAHEIM will notify the AFA of any pending layoffs which affect employees in the classifications set forth in Appendix "A ". The AFA shall have the right at that time to request meet and confer meetings for the purpose of determining layoff procedures to be used. 26.5 The provisions regular, full time Employees appointed designated by the probationary employees this ARTICLE. of this ARTICLE shall apply only to employees in the classified service. to certain grant funded positions as City Manager under ARTICLE 19.7 and shall be excluded from the provisions of ARTICLE 27 TRANSFER 27.0 A change of an employee's place of employment from one department to another shall be considered a transfer. A transfer shall be initiated by request of the employee. -28- 27.01 A transferred employee shall retain his regular hourly rate of pay and his anniversary date for purposes of merit pay increases. 27.02 In order to be transferred to a job classification with minimum standards of employment substantially different from those of his own job classification, an employee shall be required to demonstrate his eligibility for employment in accordance with the provisions of ARTICLE 19 and shall serve a new probationary period in accordance with the provisions of ARTICLE 21. 27.1 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ARTICLE 28 REINSTATEMENT 28.0 An employee who terminates his employment in good standing may be reinstated to a vacant position in his former job classification within three (3) years of his termination date without going through the competitive processes. 28.01 An employee reinstated within thirty (30) days of his termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he had at the time of termination. He shall be placed in his former salary step and shall retain his anniversary date for purposes of merit pay increases. If his anniversary date has occurred during the period of his absence, his new anniversary date shall be the first day of the -29- next biweekly pay period following reinstatement. 28.02 An employee reinstated after thirty (30) days of his termination date may be considered to have broken service for purposes of salary step status, and shall be considered to have broken service for all other employee benefits. 28.1 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he meets the minimum qualifications. 28.2 The provisions of this ARTICLE shall apply to regular, full -time employees. ARTICLE 29 VOLUNTARY DEMOTION 29.0 If an employee takes a voluntary demotion as a result of a downward reclassification of his position, his salary step status shall be in accordance with the provisions of ARTICLE 10. 29.1 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 26. 29.2 An employee may request a voluntary demotion for any reason. Such a voluntary demotion shall require the approval of ANAHEIM. An employee taking such a voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 10. 29.21 Voluntary demotions in accordance with the Vocational Rehabilitation Administration -30- Regulation shall be in accordance with the provisions of ARTICLE 29.2. 29.3 An employee who has taken a voluntary demotion to a lower job classification may be reinstated to a vacant position in his former job classification within three (3) years of the effective date of the voluntary demotion without requalifying by competitive processes. 29.31 An employee reinstated to his former job classification from a voluntary demotion shall retain his regular hourly rate of pay. If his regular hourly rate of pay is not included in the salary schedule of his former job classification, he shall be placed in the salary step of that salary schedule which is closest to his regular hourly rate of pay. He shall retain his anniversary date for purposes of merit pay increases; however, if he is placed in the "P" or "Q" step of the salary schedule, he shall be eligible for a merit pay increase after thirteen (13) complete biweekly pay periods or his regular anniversary date, whichever is sooner. ARTICLE 30 BEREAVEMENT LEAVE 30.0 In the event a death occurs in the immediate family of a full -time employee the employee shall be granted bereavement leave with pay for up to a maximum of twenty four (24) working hours. "Immediate family" shall be defined as any relative by blood or marriage who is a member of the employee's household, under the same roof, and any parent, foster parent, stepparent, spouse, child, brother, or sister of the employee, or any parent, foster parent or stepparent of the employee's spouse, -31- regardless of residence. 30.01 In the event a death occurs among other family members of an employee, the employee shall be granted bereavement leave with pay for up to a maximum of eight (8) working hours. Other family members shall be defined as grandparent, not under the same roof of the employee, and any grandparent, child, brother, or sister of the employee's spouse, regardless of residence. 30.02 Bereavement leave may be used only at the time a death occurs, or to make burial arrangements and /or to attend funeral or memorial services. ARTICLE 31 HOLIDAYS 31.0 The following days shall be recognized as holidays, and regular full -time employees in the classified service with an average, regular work week of forty (40) hours shall have these holidays off with pay: January 1st, New Year's Day Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Day First Monday in September, Labor Day November 11, Veterans Day Fourth Thursday in November, Thanksgiving Day Friday after Thanksgiving December 25th, Christmas Day Every day designated by the City Council for a public feast, thanksgiving or holiday. -32- 31.1. The following days shall be recognized as flexible holidays; and regular, full -time employees in the classified with an average, regular work week of forty (40) hours shall accrue additional paid vacation in accordance with ARTICLE 37.0 in lieu of having the following holidays off with pay. Martin Luther King's Birthday Good Friday September 9, Admission Day Employee's Birthday 1/2 day Christmas Eve Day After Christmas 31.2 In the event that any of the above holidays fall on an employee's scheduled day off, said employee shall observe the preceding work day or the following work day as scheduled by the Fire Chief to provide maximum regular service to the public. 31.3 Employees may be required to work on any of the above holidays or days observed in lieu of those holidays. Any forty (40) hour employee required to work on any of the above holidays or days observed in lieu of those holidays shall receive additional compensation equivalent to one and one half (1 -1/2) times his regular hourly rate of pay. Employees in the following job classifications shall be exempt from the provisions of this ARTICLE. Fire Captain I Fire Captain II Fire Captain III Fire Captain IV Fire Engineer I Fire Engineer II Fire Engineer III Fire Engineer IV Fire Fighter I -33- Fire Fighter II Fire Fighter III Fire Fighter IV 31.4 A fifty six (56) hour employee, in any of the Fire Department job classifications listed in ARTICLE 31.3 shall receive additional compensation equivalent to 1 /10th of his regular biweekly compensation for each holiday listed in ARTICLE 31.0, and for February 12th, Lincoln's Birthday and September 9th - Admission Day. Employees in these classifications shall have the option to accumulate 11.2 hours per holiday. Under the option, any hours accrued will be paid off at the employee's regular hourly rate of pay as of the end of the pay period including October 1st. Selection of the holiday option shall be made on September 1st of each year. No employee who is on suspension or unpaid leave of absence during a holiday pay period shall receive additional compensation or accumulate hours during that pay period. 31.5 In order to be eligible for holiday pay, a forty (40) hour employee must be either at work or on a paid leave of absence on the regularly scheduled work day immediately preceding the holiday or day observed in lieu of the holiday and the regularly scheduled work day immediately following the holiday or day observed in lieu of the holiday. 31.51 No forty (40) hour employee who is on suspension or unpaid leave of absence on either the regularly scheduled work day immediately preceding or immediately following the holiday or day observed in lieu of the holiday shall receive compensation for said holiday or day observed in lieu of the holiday. -34- ARTICLE 32 INDUSTRIAL ACCIDENT LEAVE 32.0 ANAHEIM will provide employees with Industrial Accident Leave as required by law. ARTICLE 33 JURY DUTY AND COURT APPEARANCES 33.0 In the event a regular, full -time employee in the classified service is duly summoned to any court for the purpose of performing jury duty, he shall receive his regular hourly rate of pay for any regularly scheduled working hours spent in actual performance of such service. 33.01 Whenever an employee is duly summoned to appear as a witness, except where the employee is a litigant or a defendant in a criminal case or any action brought about as a result of his own misconduct, he shall receive his regular hourly rate of pay for any regularly scheduled working hours spent in actual performance of such service. 33.02 Employees receiving witness fees shall remit such fees to the Collection Officer in order to be considered at work for payroll purposes during time spent as such witnesses. ARTICLE 34 LEAVE WITHOUT PAY 34.0 Any employee who is absent from work and who is not on paid leave time shall be considered to be on leave without pay. -35- 34.01 Regular, full -time employees in the classified service with an average, regular work week of forty (40) hours shall receive no compensation and shall accumulate no vacation or sick leave while on leave without pay. 34.02 Regular, full -time employees in the classified service with an average, regular work week of fifty six (56) hours shall receive no compensation and shall accrue no paid leave while on leave without pay. 34.03 An employee who has need to be absent from work and who is not eligible for paid leave time may request to be placed on leave without pay. Leave without pay for a period not to exceed forty (40) working hours may be granted by the employee's Battalion Chief. Leave without pay in excess of forty (40) hours up to a maximum of six (6) months shall require the approval of the Fire Chief. 34.04 In the event that leave without pay is granted an employee for reasons of illness or physical incapacity due to illness or injury, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of six (6) complete months. 34.05 An employee who is absent from work in excess of six (6) months on leave without pay shall be separated from ANAHEIM service. 34.06 An employee returning to work from leave without pay shall be placed in the same salary step he was in prior to such leave. If such leave was in excess of two (2) complete biweekly pay periods, QcZ'� the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 10 provided that he returns to a position in a lower job classification, his salary step status shall be determined in accordance with the provisions of ARTICLE 29. 34.1 An employee considered exempt under ARTICLE 40.02, shall be granted paid time off to provide full pay for any work day when insufficient accrued leave time is available to cover the remainder of the day. ARTICLE 35 MILITARY LEAVE 35.0 ANAHEIM'S policy relating to military leave and compensation, therefore, shall be in accordance with the provisions of the Military and Veterans Code of the State of California, and with all Federal provisions (Public Law 93 -508). ARTICLE 36 SICK LEAVE 36.0 Regular, full -time employees in the classified service with an average, regular work week of forty (40) hours shall receive annual sick leave with pay in accordance with the following provisions: 36.01 An employee shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 36.02 Paid sick leave shall continue to accrue in -37- accordance with the above provisions during any period of leave with pay except that employees who remain on Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no sick leave. 36.03 An employee requesting sick leave for an absence from work as a result of any injury or disease which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended, shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 36.04 An employee shall have one (1) hour deducted from his accrued sick leave time for each hour of sick leave taken. An employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his accrued sick leave time for each regularly scheduled working day that he is on paid sick leave. 36.05 The minimum amount of sick leave that may be taken at any given time shall be one (1) hour. 36.06 Sick leave that is accrued, but not taken, shall be accumulated. 36.07 An employee shall be paid at his regular hourly rate of pay for all hours accumulated beyond one hundred seventy five (175) in each calendar year. Payment shall be made in January of each year, or -38- upon the employee's termination of employment for any reason. A maximum of one hundred seventy five (175) hours shall carry over from year to year. 36.08 An employee who has completed six (6) months as a regular full -time employee and is continuously and totally disabled for more than one (1) calendar month, shall receive a disability benefit of net sixty percent (60 %) of his base rate of pay, after withholding taxes, and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six months from date of disability. 36.081 Deductible benefits include salary or other compensation paid by any employer; Worker's Compensation Act or similar law including benefits for partial or total disability, whether permanent or temporary if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 36.082 Total disability means an employee's complete inability to engage in his regular occupation. 36.09 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 36.10 In the event that any paid holiday occurs during a period when any employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick -39- leave hours that shall be charged against any employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 36.011 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 36.0111 Illness of the employee or physical incapacity of the employee due to illness or injury. 36.0112 Enforced quarantine of the employee in accordance with community health regulations. 36.0113 Medical and dental appointments during work hours. Use of sick leave for scheduled medical and dental appointments shall require prior approval of the employee's Battalion Chief or the Fire Chief and will be granted in accordance with the best interest of the Fire Department. 36.0114 Temporary disabilities caused by pregnancy and childbirth. 36.0115 Up to twenty four (24) hours of sick leave per calendar year shall be granted for illness of the employee's immediate family. 36.012 An employee who cannot perform his assigned duties due to illness or physical incapacity shall inform his Battalion Chief of the fact and the reason therefore as soon as possible. Failure to -40- do so within a reasonable time may be cause of denial of sick leave with pay. 36.013 In the event that an employee is absent on sick leave in excess of twenty four (24) consecutive working hours, the Fire Chief may require that the employee submit to him a written statement by a physician licensed by the State of California certifying that the employee's condition prevented him from performing the duties of his position. Failure on the part of the employee to comply with such a requirement may be considered for disciplinary action. 36.014 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the work day, such paid sick leave shall be calculated to the nearest hour. 36.015 An employee who retired in calendar year 1984 or thereafter, shall receive service credit for all sick leave hours up to one hundred and seventy five (175). 36.016 An employee who has more than five (5) years of continuous City service and is age 50 or older may elect once each calendar year to receive all or a portion of his Employee Sick Leave Trust Fund amount. When requested, such payments may be diverted to the employee's deferred compensation account, within the limits established by law, or paid by separate check subject to standardized withholding taxes. When partial payment is requested, the amount shall not be less than twenty five percent (25 %) of the balance, and a maximum of four such partial payments shall be -41- allowed, with the fourth payment paying the entire remaining balance in the account. 36.017 Not withstanding, the provisions of ARTICLE 36.016, an employee may elect to transfer his interest in the Sick Leave Trust Fund to one of the deferred compensation providers offered by ANAHEIM when such employee is within three (3) years of anticipated retirement. Such transfer of interest is forfeitable to ANAHEIM in the event the employee terminates employment for any reason (other than death, layoff or retirement) prior to accruing five (5) years of continuous City service and attaining age 50. 36.018 If two or more periods of total disability occur during a specific six month elimination period for the insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 36.0181 All periods of total disability must be due to the same cause or causes; and 36.0182 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one month waiting period before ANAHEIM Disability Benefits will be paid; and 36.0183 Commencement of the benefit period for the insured LTD plan shall automatically QIP42 terminate benefits from the ANAHEIM Disability Plan. ARTICLE 37 VACATION 37.0 Regular, full -time employees in the classified service with an average, regular work week of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions which include vacation earned at the rate of one (1) hour for each complete biweekly pay period, in lieu of the designated flexible holidays outlined in ARTICLE 31.1. 37.01 An employee shall accrue vacation time with pay in accordance with the following provisions: 37.011 For the first four (4) years of continuous, full -time service such employees shall accrue paid vacation at the rate of four (4) hours for each complete biweekly pay period plus two (2) hours of paid vacation at the close of the final complete biweekly pay period of each fiscal year (106 hours or 13.25 working days per year). The maximum amount of vacation that may be accumulated shall be one hundred ninety (190) hours. 37.012 Upon completion of four (4) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of five (5) hours for each complete biweekly pay period (130 hours or 16.25 working days per year). The maximum amount of vacation that may be -43- accumulated shall be two hundred forty (240) hours. 37.02 37.013 Upon completion of eight (8) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of six (6) hours for each complete biweekly pay period (156 hours or 19.5 working days per year). The maximum amount of vacation that may be accumulated shall be two hundred ninety (290) hours. 37.014 Upon completion of fourteen (14) years of continuous, full -time service such employees shall accrue paid vacation at the rate of seven (7) hours for each complete biweekly pay period (182 hours or 22.75 working days per year). The maximum amount of vacation that may be accumulated shall be three hundred forty (340) hours. 37.015 Upon completion of nineteen (19) years of continuous, full -time service, such employees shall accrue paid vacation at the rate of eight (8) hours for each complete biweekly pay period (208 hours or 26 working days per year). The maximum amount of vacation that may be accumulated shall be three hundred ninety (390) hours. during any period of leave with pay, except after exhausting State mandated 4850 benefits an employee shall accumulate no vacation. All vacations shall be scheduled and taken in Paid vacations shall continue to accrue in accordance with the provisions of ARTICLE 37 01 -44- accordance with the best interests of ANAHEIM and the Fire Department. 37.03 An employee on an approved 4850 leave shall accrue and /or schedule vacation in accordance with the following: 37.031 When disability and accrued vacation occur concurrently, payment in lieu of vacation will be made biweekly for any vacation accrued during an approved 4850 leave. 37.032 When disability and scheduled vacation occur concurrently, the previously scheduled vacation will be cancelled. 37.04 The minimum amount of vacation that may be taken at any given time shall be one (1) hour. 37.05 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. 37.06 An employee shall be eligible to take any accrued vacation upon completion of thirteen (13) complete biweekly pay periods of full -time service. 37.07 Each employee shall have one (1) hour deducted from his accrued vacation time for each hour of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. 37.08 Upon termination, an employee shall be compensated at his regular hourly rate of pay for any vacation accrued but not taken, provided that he has successfully completed thirteen (13) complete -45- biweekly pay periods of full -time service. 37.09 In the event that any recognized holiday occurs during any employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that shall be charged against any employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. 37.010 An employee shall be eligible on an annual basis to be compensated at his regular hourly rate of pay for up to one (1) week (40 hours) of vacation accrued but not taken, subject to the following provisions: 37.0101 A minimum of eighty (80) hours of vacation must have been used during the previous payroll year. 37.0102 An employee's request for annual vacation payoff, shall require the approval of the Fire Chief. 37.0103 Payment shall be made in January of each year. ARTICLE 38 PAID LEAVE PROGRAM 38.0 ANAHEIM and the AFA agree to establish a paid leave program for regular, full -time employees in the classified service with an average, regular work week of fifty six (56) hours in accordance with the following provisions: -46- 38.01 Employees shall accrue paid leave time in accordance with the following conditions: 38.011 For the first four continuous, full -time employees shall accrue rate of 9.75 hours f biweekly pay period 10.5625 shifts per year). (4) years of service, such paid leave at the or each complete (253.5 hours or 38.012 Upon completion of four (4) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 10.5 hours for each complete biweekly pay period (273.0 hours or 11.375 shifts per year). 38.013 Upon completion of eight (8) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 12.0 hours for each complete biweekly pay period (312.0 hours or 13.0 shifts per year). 38.014 Upon completion of fourteen (14) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 13.25 hours for each complete biweekly pay period (344.5 hours or 14.3542 shifts per year). 38.015 Upon completion of nineteen (19) years of continuous, full -time service, such employees shall accrue paid leave at the rate of 14.75 hours for each complete biweekly pay period (383.5 hours or -47- 15.9792 shifts per year). 38.02 An employee requesting paid leave time for an absence from work as a result of any injury or illness which comes under the State of California Worker's Compensation Insurance and Safety Act after eligibility for Industrial Accident Leave has ended shall receive maximum compensation from ANAHEIM in an amount equal to the difference between temporary disability payments mandated by the State of California Worker's Compensation Insurance and Safety Act and his regular basic rate of pay. 38.03 Paid leave time shall continue to accrue in accordance with the above provisions during any period of leave with pay except that employees who remain on Industrial Accident Leave after exhausting State mandated 4850 benefits shall accumulate no paid leave time. 38.04 Paid leave time in excess of three (3) consecutive work shifts shall require the prior authorization of the Fire Chief or a certification from a licensed medical practitioner that the employee is disabled and unable to work. Paid leave time for reasons other than illness or injury shall be scheduled and taken in the best interests of ANAHEIM and the Fire Department. Failure on the part of the employee to comply with these requirements may be considered for disciplinary action. 38.05 An employee shall have one (1) hour deducted from his accrued paid leave time for each hour of paid leave time taken. -48- 38.06 The minimum amount of paid leave time that may be taken at any time is one (1) hour. 38.07 The maximum amount of paid leave time that may be taken at any time shall be that amount that has accrued to the employee. 38.08 An employee who utilizes paid leave time under the provisions of this ARTICLE shall inform their immediate supervisor of the fact and the reason as soon as possible and shall ensure that their position is manned in accordance with Fire Department operating policies. 38.09 In the event that an employee leaves work during working hours and is placed on paid leave time prior to the close of the work day, such paid leave time shall be calculated to the nearest hour. 38.010 Paid leave time which is accrued but not taken shall be paid under the following conditions: 38.0101 Upon termination, the employee shall be paid for all hours accrued but not used in excess of two hundred forty five (245). In the event the employee retires from ANAHEIM service, all hours accrued but not used up to a maximum of the two hundred forty five (245) shall be reported as unused sick leave for additional service credit in accordance with the contract between ANAHEIM and the Public Employees Retirement System. 38.0102 An employee shall be paid at his regular -49- hourly rate of hours accrued three hundred theemployees o hundred fifty calendar year. January of each pay for all paid leave time but not used in excess of fifty (350) hours (or at ption in excess of seven (750) hours) in each Payment shall be made in year. 38.011 In the event an employee's work schedules changes from a forty (40) hour assignment to a fifty -six (56) hour assignment, the paid leave account shall be estblished as follows: 38.0111 Sick leave and vacation hours accumulated shall be added together, multiplied by the ratio of 56/40 (1.4), and rounded to the next highest whole hour. 38.0112 The employee's paid leave account shall be credited with the hours resulting from this calculation and shall be immediately available for use. 38.012 In the event an employee's work schedule changes from a fifty six (56) hour assignment to a forty (40) hour assignment, paid leave time accrued but not taken shall be converted as follows: 38.0121 Hours in the employee's paid leave time account shall be reduced by multiplying the balance by the ratio of 40/56 (.7143) rounded to next highest whole hour. 38.0122 The employee's account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy M-111M five (175) and shall be available for immediate use. 38.0123 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use. 38.013 Paid leave time shall be used under the provisions of this ARTICLE for absences as the result of a nonoccupational illness or injury for up to ten (10) regularly scheduled work shifts per occurrence. In the event such an absence exceeds ten (10) regularly scheduled work shifts, an employee may, at his option, use accrued paid leave time in lieu of the disability benefit described in ARTICLE 38.014. When exercising such an option, the employee shall exhaust all accrued paid leave time prior to receiving any disability benefit for the remainder of the STD benefit period. 38.014 An employee who is continuously and totally disabled for more than ten regularly schedule work shifts shall be eligible to receive a disability benefit of net sixty percent (60 %) of his base rate of pay, after withholding taxes and less deductible benefits. Such disability benefit shall continue during total disability up to a maximum of six (6) months from date of disability. 38.0141 Deductible benefits include salary or other compensation paid by any employer, Worker's Compensation Act, or similar law including benefits for partial or total disability, whether permanent or temporary -51- if benefits being received are for the current disabling condition; a pension plan toward which ANAHEIM contributed. 38.0142 Total disability means an employee's complete inability to engage in his regular occupation. 38.0143 Benefits are not payable unless the employee is regularly seen and treated by a licensed physician or medical practitioner who certifies to the continuing disability. 38.015 If two or more periods of total disability occur during a specific six month elimination period for insured LTD plan, all such periods shall be considered as one period of continuous total disability under the following conditions: 38.0151 All periods of total disability must be due to the same cause or causes; and 38.0152 All recurring periods of total disability that qualify as one period of continuous total disability for the insured LTD plan, shall qualify as one period of continuous total disability for the ANAHEIM Disability Plan and shall not require a new one month waiting period before ANAHEIM Disability Benefits will be paid; and 38.0153 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM -52- Disability Plan. 38.016 An employee who is continuously and totally disabled for more than six (6) months shall receive long term disability benefits in accordance with the provisions of ARTICLE 54.03. ARTICLE 39 OVERTIME 39.0 Regular, full -time employees in the classified service who work an average, regular work week of forty (40) hours who perform authorized work in excess of his normal work period, regular work week, work day or shift shall be compensated for such work at the rate of one and one -half (1 1/2) times the regular hourly rate of pay. 39.01 Overtime shall be calculated to the nearest one quarter (1/4) hour of overtime worked, except any overtime of less than one -half (1/2) hour duration shall be calculated to the nearest one -half (1/2) hour. 39.02 All overtime must be authorized by the Battalion Chief. 39.03 Notwithstanding the above overtime provisions, there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training. 39.04 Paramedic training required for maintenance of certification or recertification shall be compensated at one and one -half (1 -1/2) times his regular hourly rate of pay (forty (40) hour rate). -53- 39.1 Regular, full -time with an average, regular performs work not covered ARTICLE 45, shall b one and one -half (1 -1/2) (fifty six (56) hour rate). employees in the classified service work week of fifty six (56) hours who under the Situational Manning Policy, e compensated at the rate of times his regular hourly rate of pay 39.11 Overtime shall be calculated to the nearest one - quarter (1/4) hour of overtime worked, except any overtime of less than one -half (1/2) hour duration shall be calculated to the nearest one -half (1/2) hour. 39.12 All overtime must be authorized by the Battalion Chief. 39.13 Notwithstanding the above overtime provisions, there shall be no compensation for the time spent in attending meetings of any kind which are for the purpose of education or training. 39.14 Paramedic training required for maintenance of certification or recertification shall be compensated at one and one -half (1 -1/2) times the employees regular hourly rate of pay (fifty six (56) hour rate). 39.2 An employee in classifications listed in Appendix "A" shall be compensated at his regular hourly rate of pay for all compensatory time earned but not used, at the end of the pay period ending 12- 22 -88. -54- ARTICLE 40 FAIR LABOR STANDARDS ACT 40.0 ANAHEIM and the AFA agree on implementation of the Fair Labor Standards Act (FLSA) as follows: 40.01 Fire Engineers and Fire Fighters are nonexempt under FLSA. 40.02 For the term of this Memorandum and on a nonprecedential basis for the purpose of this ARTICLE only, Fire Captains are considered exempt. 40.03 Fire Captains shall earn time and one half (1 -1 /2) for all overtime hours worked for situational manning. 40.04 All voluntary committee work by Fire Captains will be considered non - compensable. 40.2 ANAHEIM agrees not to increase staffing to eliminate overtime for situational manning. 40.3 ANAHEIM and the AFA agree that this ARTICLE shall be reopened for the purpose of negotiating all wages, hours and terms and conditions of employment if the Fair Labor Standards Act is amended to change the overtime standards. ARTICLE 41 BILINGUAL PAY 41.0 An employee required to speak, read and /or write in Spanish or other languages designated by the Fire Chief, as well as, English as part of the regular duties of his position will be compensated at the rate of $40.00 per biweekly pay period in -55- addition to his regular basic rate of pay. 41.01 The Fire Chief shall designate which positions shall be assigned bilingual duties based on the Fire Department needs. 41.02 An employee receiving bilingual pay may be assigned and /or reassigned by the Fire Chief to positions to maximize the delivery of bilingual service based on Fire Department needs. ARTICLE 42 CALL OUT 42.0 Call out compensation shall be in accordance with the following provisions: 42.01 All emergency call out time shall be calculated to the nearest one quarter (1/4) hour of time worked. 42.02 For forty (40) hour employees, a minimum of two (2) hours (including travel time) of pay at the rate of one and one -half (1 -1/2) times the employee's regular hourly rate of pay shall be guaranteed for each emergency call out. 42.03 Forty five (45) minutes time shall be added to the time worked to compensate the employee for travel time incurred for each emergency call out. 42.04 Off duty fifty six (56) hour employees who are called out for emergency work shall be guaranteed a minimum of four (4) hours work, calculated from the time of personal notification until the end of said work period, unless the work continues into -56- the regular scheduled emergency work will be one -half (1 -1/2) times of pay. shift. Pay for such at the rate of time and their regular hourly rate 42.1 An employee subpoenaed to appear during off duty hours for court matters within the scope of their employment and who receive such subpoenas after 5:00 P.M. of the calendar day prior to the date of court appearance shall receive overtime compensation according to emergency call out provisions. 42.2 An employee subpoenaed to appear during off duty hours for court matters within the scope of his employment and who receives such subpoena before 5:00 P.M. the calendar day prior to the date of court appearance shall receive overtime compensation according to the planned overtime provisions. 42.3 A minimum of two (2) hours pay at the rate of one and one -half (1 -1/2) times the employee's regular hourly rate of pay shall be guaranteed for prearranged overtime, except when such overtime occurs immediately before or after a regular work period. ARTICLE 43 SHIFT DIFFERENTIALS 43.0 All eight (8) hour periods, regularly scheduled to begin at 3:00 P.M., or thereafter, but before 3:00 A.M. shall be designated as night shift. 43.01 A premium of five percent (5.0%) of the employee's regular hourly rate of pay shall be paid for work performed in the night shift. 43.02 A premium of five percent (5.0%) of the employee's -57- regular hourly rate of pay shall be paid for each hour worked between 3:00 A.M. and 6:00 A.M. 43.03 When a shift premium is applicable to time worked at the overtime rate of pay, the overtime rate shall be applied to the applicable shift premium. 43.04 When an employee is required to work continuously without a break beyond the end of his night shift, the overtime rate shall be applied to the applicable shift premium. 43.1 Shift premium shall be payable only for hours actually worked and shall not be paid for nonwork time, such as vacations, holidays, sick leave, etc. ARTICLE 44 MANNING 44.0 ANAHEIM and the AFA agree that each Fire Company shall be assigned regular full -time personnel consisting of three (3) Captains, three (3) Engineers, and six (6) Fire Fighters (i.e. Fifteen (15) units would include forty five (45) Captains, forty five (45) Engineers and ninety (90) Fire Fighters). 44.1 ANAHEIM agrees this ARTICLE will remain in effect until 07- 05 -90. ARTICLE 45 SITUATIONAL MANNING 45.0 Employees in the following job classifications who are assigned to perform overtime work in accordance with the situational manning concept shall be compensated for such -58- overtime work at their regular hourly rate of pay. Fire Captain I Fire Captain II Fire Captain III Fire Captain IV Fire Engineer I Fire Engineer II Fire Engineer III Fire Engineer IV Fire Fighter I Fire Fighter II Fire Fighter III Fire Fighter IV 45.1 ANAHEIM and the AFA agree that if there are insufficient volunteers to meet appropriate staffing levels as determined by ANAHEIM, ANAHEIM may require employees to work situational manning shifts. In the event that additional fire companies are put in service during the term of this Memorandum, and ANAHEIM elects to staff these new companies by situational manning; or if total suppression strength drops below (one hundred seventy one) 171 employees; the AFA shall have the right to reopen the mandatory situational manning issue. ARTICLE 46 HAZARDOUS MATERIALS PROGRAM 46.0 Regular, full -time employees in the classified service shall be eligible to participate in the Hazardous Materials Program in accordance with the following provisions: 46.01 The Fire Department shall determine the standards and procedures for selection of employees assigned -59- to the Hazardous Materials Program. 46.02 Upon successful completion of the Hazardous Materials Academy, each employee assigned to Hazardous Materials duties shall be eligible for Hazardous Materials Assignment Pay as outlined in ARTICLE 12, Salary Relationships. 46.03 The effective date of Hazardous Materials Assignment Pay shall be the first day of the pay period following approval of the Fire Chief. 46.04 Employees selected for the Hazardous Materials Program shall agree to a three (3) year minimum assignment to the Program. 46.05 Employees assigned must successfully complete training to the level of Hazardous Materials Technician I. 46.06 Employees assigned must agree to successfully complete any additional training as directed by the Fire Department. 46.07 The maximum number Program at any one The minimum number Program shall be det 46.08 The assignment of Hazardous Materials the Fire Chief. of employees assigned to the time shall be twenty -one (21), of employees assigned to the ermined by the Fire Chief. duties of all employees in the Program shall be directed by 46.09 Each employee shall be eligible for annual blood toxicology examinations and further medical evaluation as symptomatically indicated. Administration and approval of said examinations .1 is the responsibility of the Risk Management Department. 46.1 ANAHEIM agrees to continue this program unless it no longer is practical to do so. ANAHEIM agrees to notify the AFA of its intent to modify or to rescind this ARTICLE. If rescinded, all pay, benefits, and working conditions will automatically cease. ARTICLE 47 STAND BY 47.0 An employee assigned to standby duty for purposes of being on call to handle emergency situations arising at times other than during normal working hours shall be guaranteed two (2) hours of pay at his regular hourly rate of pay for each calendar day of such standby duty. ARTICLE 48 TRAVEL AND MILEAGE EXPENSE 48.1 ANAHEIM'S mileage reimbursement rate will be the standard mileage rate established by the Internal Revenue Service. 48.2 Any increase or decrease shall be effective the first day of the second month after the date of the publication by the Internal Revenue Service. 48.3 All requests for mileage reimbursement shall include the date, point of departure, point of destination and the actual miles traveled. Actual miles traveled shall be measured from the work site to the destination to the work site. If travel originates from home, then a base mileage rate of home to work site and /or work site to home will be substracted from total -61- miles traveled and the net mileage reported for reimbursement. ARTICLE 49 TOBACCO PRODUCTS 49.0 ANAHEIM and the AFA agree that all employees hired after 02- 01 -88, in classifications listed in Appendix "A ", as a condition of employment with ANAHEIM agree to not use tobacco products at any time during their tenure. ARTICLE 50 COMMUNICABLE DISEASES 50.0 ANAHEIM and the AFA recognize that fire fighting personnel are exposed to a higher than average risk from Communicable Disease; therefore, those personnel exposed to such risks should submit Industrial Accident claims with as much information as is available, within twenty four (24) hours of occurrence or as soon as known. ANAHEIM agrees to process such claims within seven days of submission. 50.1 ANAHEIM agrees to make available to all employees in Appendix "A ", any preventative vaccines approved by the Fire Chief. ARTICLE 51 MEAL ALLOWANCE 51.0 Regular, full -time employees in the classified service with an average, regular work week of forty (40) hours, in classifications listed in Appendix "A ", shall be provided adequate meals under the following conditions: -62- 51.01 An employee shall be provided with two adequate meals if he is called out on emergency overtime work one (1) hour before a scheduled work day. If a meal has been earned under another section of this ARTICLE within two (2) hours of the scheduled work day, only one (1) meal shall be provided under this ARTICLE. 51.02 An employee shall be provided one (1) meal if he is called to emergency overtime work within one and one -half (1 -1/2) hours after normal quitting time and works beyond two and one -half (2 -1/2) hours after normal quitting time. 51.03 An employee shall be provided an adequate meal if he works two (2) hours overtime beyond the normal quitting time. 51.04 An employee shall receive one meal if he is scheduled to work overtime two (2) hours before a regular day. 51.05 An employee shall be provided an adequate meal at four (4) hour intervals during the performance of emergency overtime work. 51.06 Meal time shall be compensated at the appropriate overtime rate and shall normally be limited to one -half (1/2) hour with a maximum of forty -five (45) minutes paid meal time. 51.07 An employee may at his request, be compensated for meals at the rate of one -half (1/2) hour of overtime pay per meal. -63- ARTICLE 52 UNIFORMS AND LAUNDRY 52.0 Uniformed personnel of the Fire Department shall be furnished an initial set of uniforms in accordance with regulations established by the City Manager. Thereafter, the providing of uniforms will be in accordance with ARTICLE 52.1. 52.1 ANAHEIM agrees to pay to every employee working in a classification listed in Appendix "A" $275 per year as compensation for purchase, maintenance and laundry of work shirts, pants and jackets, sheets and pillow cases. At such time as the Fire Chief requires modification of uniforms, ANAHEIM agrees to meet and confer on the uniform allowance. ARTICLE 53 GRIEVANCE PROCEDURE 53.0 Any alleged violation of the terms and conditions of this Memorandum or any alleged improper treatment of an employee, or any alleged violation of commonly accepted safety practices and procedures shall be considered to be a matter subject to review through the grievance procedure and settled in accordance with the provisions of this ARTICLE. 53.1 Any violation of this Memorandum as alleged by ANAHEIM shall be resolved between authorized representatives of ANAHEIM and the AFA. In the event that the parties cannot resolve the dispute, the dispute shall, upon the request of either party, be referred to the arbitrator for a final and binding decision. 53.2 Employees shall have the right to be represented in grievance matters in the following manner: 53.21 Employees shall have the right to represent -64- themselves individually in grievance matters. 53.22 Employees may designate a representative to represent them in grievance matters. 53.23 No supervisor shall be represented in grievance matters by an employee whom he supervises. 53.24 No employee shall be represented in grievance matters by a supervisor for whom he works. 53.3 All expenses of any arbitration shall be borne equally by ANAHEIM and the AFA. 53.4 Employee grievances shall be handled in the following manner: 53.41 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and /or his designated representative and a supervisor in the employee's chain of command, up to and including his Battalion Chief, within ten (10) calendar days after the occurrence of the incident causing the grievance. The Battalion Chief shall deliver his answer within ten (10) calendar days after submission of the grievance to him. 53.42 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the Fire Chief within ten (10) calendar days after the Battalion Chief's answer is received by the employee and /or his designated representative. The Fire Chief shall meet with the employee and /or his designated representative within ten (10) calendar days after -65- submission of the grievance to him. The Fire Chief shall review the grievance and may affirm, reverse, or modify as he deems appropriate, the disposition made at the First Step and shall deliver his answer to the employee and /or his designated representative within ten (10) calendar days after said meeting. 53.43 Third Step. If the grievance is not satisfactorily adjusted in the Second Step it may be submitted in writing to Arbitration. 53.44 In order to request arbitration, the grievant and /or his representative shall serve written notice to the other party within thirty (30) calendar days after the second step answer specifying the grievance to be submitted. The parties shall thereafter attempt to resolve the issue and select the arbitrator. If an arbitrator cannot be agreed upon the parties shall request a panel from the American Arbitration Association. 53.5 The arbitrator's decision shall be final and binding on both parties, it being agreed that the arbitrator shall have no powers to add to or subtract from nor to modify any of the terms of any Memorandum of Understanding between the parties and that the arbitrator's award shall be consistent with and controlled by this Memorandum, Ordinances and Charter of ANAHEIM , and the laws and Constitution of the State of California. 53.6 The arbitrator will be requested by the parties to render his decision in writing as quickly as possible but in no event later than thirty (30) days after the conclusion of the hearings, unless the parties agree otherwise. 53.7 Any grievance not presented and /or carried forward by the .. employee and /or his designated representative within the time limits specified in ARTICLES 53.41, 53.42, and 53.44 shall be deemed null and void, provided, however, the employee and /or his designated representative and the ANAHEIM representative may agree to continue said time limits. 53.8 Any adoption, deletion, or revision of ANAHEIM policy as may be suggested or recommended by any employee or employee organization shall not be considered to be a matter subject to review through the grievance procedure. 53.9 In the case of suspension, demotion or dismissal, the arbitrator is empowered to make an award up to and including making the employee whole for any economic loss suffered. ARTICLE 54 INSURANCE 54.0 Active Employees 54.01 Health Plans 54.011 ANAHEIM agrees to sponsor the City Medical Plan, Kaiser Foundation Health Plan, and other prepaid and /or insurance health plans recommended by the Joint Committee on Medical Programs and sponsored by the City Council. 54.012 ANAHEIM shall limit its monthly contribution to the various medical plans as follows: 54.0121 ANAHEIM shall contribute a monthly amount equal to 100% of -67- Kaiser plan monthly rate during the term of this Memorandum. 54.0122 During the term of this Memorandum, employees who select a medical plan other than Kaiser shall be required to contribute an amount equal to 100% of the excess amount over the Kaiser monthly rate, except for the self funded City Medical Plan, wherein ANAHEIM shall contribute to the following schedule: 1988 115% of Kaiser Plan 1989 110% of Kaiser Plan 1990 105% of Kaiser Plan 54.013 The City Medical Plan shall be described in a booklet which shall become a part of this Memorandum by reference. Changes recommended by the Joint Committee on Medical Programs and approved by the City Council shall also become part of the Memorandum by reference. 54.014 For all medical plans, married ANAHEIM employee couples shall be allowed only one medical plan and only one dental plan to cover all family members, and married ANAHEIM employee couples covered by one plan shall pay no health insurance premium while both spouses are employed by ANAHEIM. 54.015 Proof of marriage will be required of all Q�10 employees enrolled in any City Medical plan to enroll a dependent spouse. 54.016 The Master contract between ANAHEIM and the plan administrator shall govern in the event of any disputes over any matter within the provisions of the contract. 54.017 The benefit schedules for the prepaid HMO health plans will not be modified unilaterally by ANAHEIM , except that each company may, from time to time, make revisions to master contract language or impose minor benefit modifications. If an imposed benefit modification results in a monthly fee increase, the cost - sharing provisions of this Memorandum in effect on the date the fee increase is effective shall be applied to the new fees. 54.02 Life Insurance 54.021 ANAHEIM agrees to contribute one -half (1/2) the cost of the premium for group term life insurance and dependent coverage. The employee shall contribute the difference between the City contribution and the total premium cost. 54.022 ANAHEIM shall pay a portion of the premium for employee group life insurance coverage in accordance with the provisions of any contract between the ANAHEIM and any company or companies providing such coverage. CU-Sell 54.023 An employee who retires shall receive a paid -up life insurance policy, paid wholly by ANAHEIM, with a face value of $100.00 for each complete year of service and $50.00 for more than six months, but less than a complete year of service up to a maximum of $2,000.00. 54.024 Permanent and Total Disability Life Insurance Benefit 54.0241 Employees eligible to retire: Such employee who is permanently and totally disabled shall receive the following Life Insurance benefit: 54.02411 $100.00 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. 54.02412 Decreasing term life insurance in the amount of the employee's Basic Life insurance less the paid up life insurance described above. Such term life insurance shall decrease by 1/60 of the original value each month until the face value of such insurance reaches zero (5 years). -70- 54.02413 The permanently and totally disabled employee will pay no premium during the term of this benefit. 54.02414 Employees not eligible to retire: Such employee shall receive the following Life Insurance benefit: 54.024141 Decreasing term life insurance in the amount of the employee's Basic Life Insurance. Such term insurance shall decrease by 1/60 of the original amount each month until the face value reaches zero (5 years) . 54.024142 The permanently and totally -71- disabled employee shall pay no premium during the term of this benefit. 54.0242 This language expresses the intent of the parties. The precise language will be prepared by insurance attorneys. 54.03 Long Term Disability Benefits 54.031 ANAHEIM agrees to pay the cost of the long term disability insurance premiums during the term of this Memorandum. 54.032 ANAHEIM shall pay the premium for employee group long term disability insurance coverage in accordance with the provisions of any contract between ANAHEIM and any company or companies providing such coverage. 54.033 ANAHEIM shall only provide long term disability for non - occupational disabling conditions. 54.04 Dental Plans 54.041 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 54.042 ANAHEIM agrees to continue sponsorship of -72- prepaid dental plans. 54.043 ANAHEIM shall limit contribution to all dental following schedule: Single 11.00 2 -Party 17.10 Family 24.66 54.05 Short Term Disability its monthly plans to the 54.051 ANAHEIM agrees to continue sponsorship of the employee paid short -term disability insurance coverage for presently enrolled employees during the term of this Memorandum. 54.052 ANAHEIM agrees to provide Short Term Disability pl agrees to pay ANAHEIM'S medical, dental, life, insurance during absence due injury up to six months. 54.06 Pensions the existing an. ANAHEIM portion of and optical to illness or 54.061 ANAHEIM agrees to amend its contract with PERS to provide the following benefits effective January 6, 1989: (a) 2% at age 50 (Government Code Section 21252.01) (b) Highest year final averaging (Government Code Section 20024.2) (c) Post Retirement Survivors Allowance (Government Code Sections 21263, 21263.1, 21263.3) -73- (d) Credit for unused sick leave (Government Code Section 20862.8) 54.062 ANAHEIM shall contribute a portion of the cost of employee retirement benefits in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System. 54.063 ANAHEIM shall contribute a portion of the cost of employee survivors' benefits in accordance with the provisions of the above contract. 54.1 Retired Employees 54.11 New employees hired on or after January 1, 1984 shall not be eligible to participate in ANAHEIM sponsored retired employee medical plans. 54.12 Employees who retired prior to January 1, 1984 54.121 Health Insurance plans will be provided to current retirees in accordance with ARTICLE 54.011 above. 54.122 Retire contributions to the various medical plans will be in accordance with the following schedule: Single $15.00 monthly 2 -Party $15.00 monthly Family $45.00 monthly 54.13 Employees who retired subsequent to January 1, 1984 and prior to December 31, 1987. -74- 54.131 Retirees in this group who meet the requirements set forth below shall be eligible to maintain membership in City sponsored group health plans in accordance with ARTICLE 54.011. 54.1311 Must be eligible to retire, and 54.1312 Must have completed at least 5 years of continuous, Full Time City service on date of retirement, and 54.1313 Must be currently enrolled as a subscriber at time of separation from City service. 54.1314 Or must be awarded a disability retirement by PERS. 54.132 Retiree contributions to the various plans shall be in accordance with the following schedule: Single $15.00 monthly 2 -Party $15.00 monthly Family $45.00 monthly 54.14 Employees who retire on or after January 1, 1988. 54.141 Retirees in this group who meet the requirements set forth below shall be eligible to maintain membership in City sponsored group health plans in accordance with ARTICLE 54.011. -75- 54.1411 Must have completed at least five (5) years of continuous, Full Time City service on date of retirement, and 54.1412 Must have been awarded a retirement from Public Employees' Retirement System as the reason for termination from City service, and 54.1413 PERS retirement benefits must commence no later than the first day of the month following the date of separation from City service, and 54.1414 Must be currently enrolled as a subscriber at time of separation from City service. 54.142 ANAHEIM shall contribute towards the premium costs of such plans up to ANAHEIM contribution for the City health plan in the year prior to retirement. 54.15 Provisions applicable to all three groups. 54.151 Surviving spouse of retiree may continue coverage under same terms. 54.152 Once cancelled for any reason, may not reenroll. 54.153 Coverage shall be cancelled for non - payment of monthly fees after three -76- (3) months in arrears. 54.154 Coordination of benefits under the Retired Medical Program shall be in accordance with applicable State Law. 54.155 Vision care benefits of the Vision Service Plan shall be EXCLUDED from the benefits for the Retired Group. 54.156 Retirees may only change health plans during the annual open enrollment period. ARTICLE 55 JOINT COMMITTEE ON MEDICAL PROGRAMS 55.0 ANAHEIM and the AFA agree, in recognition of the need to provide an adequate level of medical care coverage at a reasonable cost to ANAHEIM and its employees, hereby agree to the formation of a committee to analyze current City sponsored medical programs, review alternative approaches to providing medical care programs, plan design, and investigate cost containment systems, all for the purpose of achieving adequate low cost medical care for the employees of ANAHEIM. 55.1 Serving on the committee with Human Resources Department staff and operating department management staff will be two members from the Anaheim Firefighters Association. 55.2 This committee will meet as often as is necessary during the life of this Memorandum and will report to the Human Resources Director on a periodic basis its findings and recommendations for change to ANAHEIM's present medical plans. A report shall be prepared setting forth specific recommendations as to alternatives, plan design and cost -77- containment provisions. The report shall be forwarded to the City Manager for review. 55.3 Because of the complexity of the problem and the diverse interests of the repsective organizations, the parties recognize that it is incumbent upon all members of the committee to work in a spirit of harmony and cooperation to achieve what should be beneficial to all concerned. ARTICLE 56 PHYSICAL EXAMINATIONS 56.0 In order to be eligible for employment with ANAHEIM, candidates shall be required to pass a physical examination, the character of which shall be in accordance with standards established by the Human Resources Director. 56.1 In order to be eligible for promotion or transfer to a job classification in a category requiring greater physical qualification than his present job classification, an employee shall pass the appropriate physical examination. 56.2 An employee who returns to work after an absence in excess of forty eight (48) consecutive working hours due to illness or physical incapacity may be required by the Fire Chief to undergo a physical examination. 56.21 An employee who examination requi ARTICLE 56.2, may position requiring recommended for terminated. fails to pass a physical red under the provisions of be transferred or demoted to a lesser physical qualifications, disability retirement, or 56.3 All physical examinations required under the provisions IWL:In of this ARTICLE shall be performed by a physician in active practice licensed by California State Law and within the scope of his practice as defined by California State Law. 56.31 Exceptions be made candidates physician physician candidate to the provisions of ARTICLE 56.3 may only in the case of out -of -state for employment. In such cases, the performing the examination may be a licensed by the state in which the resides. 56.4 ANAHEIM shall pay for any physical examination required under the provisions of this ARTICLE. ARTICLE 57 EXPOSURE RECORD PROGRAM 57.0 ANAHEIM agrees to maintain an in -house Exposure Record Program. ARTICLE 58 FITNESS, ANNUAL MEDICAL, SUBSTANCE AWARENESS POLICY 58.0 ANAHEIM and the AFA agree to meet and confer (up to four (4) representatives each) to design and implement policies and procedures for a physical fitness and testing program, an annual mandatory medical examination, beginning in 1988/89, and a substance awareness policy. ARTICLE 59 PERMANENT LIGHT DUTY PROGRAM 59.0 ANAHEIM and the AFA agree the mandatory Permanent Light -79- Duty Program shall be administered in accordance with the following conditions: 59.01 Upon notification by an ANAHEIM approved physician (ANAHEIM may select, at its discretion, the employee's treating physician as an ANAHEIM approved physician) of permanent work restrictions, and or the permanent and stationary status for an accepted industrial injury of an AFA safety employee that precludes the employee from performing the full range of duties of his classification, ANAHEIM may, after conferring with the employee, select an appropriate available Permanent Light Duty Program assignment. 59.011 An ANAHEIM approved physician will be provided with a detailed job analysis of the modified duties to which the employee will be assigned. Medical approval shall be obtained before the employee begins these duties. If the physician does not approve the initial modified duties selected, ANAHEIM may redesign the Permanent Light Duty Program assignment to accommodate the employee's medical restrictions, or select an alternate Permanent Light Duty Program assignment. 59.012 The employee will retain his current rank or classification regardless of Permanent Light Duty Program assignment. 59.013 Any employee participating in the Permanent Light Duty Program may, at any time, request to be considered for reassigned to another Permanent Light Duty mum Program assignment. 59.014 Participation in the Permanent Light Duty Program will be considered return to usual and customary occupation for purposes of vocational rehabilitation. 59.02 Employees assigned to the Permanent Light Duty Program shall be compensated at their normal hourly rate of pay including educational incentive pay and special assignment pay. 59.021 Employees at different rates of pay may be placed in similar Permanent Light Duty Program assignments. 59.022 The hours worked by employees assigned to the Permanent Light Duty Program will be in accordance with the provisions of ARTICLE 13. 59.03 The following may be available as Permanent Light Duty Program assignments, and may be modified to accommodate medical work restrictions: Services officer Services aide Administrative captain Administrative aide Assistant training officer Training assistant Assistant arson investigator Fire safety inspector Small tool repair person Battalion chief aide (56 hr) 59.031 Any employee participating in the -81- Permanent Light Duty Program below the position of Fire Captain shall not be required to perform the duties of services officer, administrative captain or assistant training officer. 59.04 Assignment to the Permanent Light Duty Program will continue unless the following occurs: 59.041 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 59.042 The employee is m range of duties on 59.043 The employee is classification in the employee is perform. edically released to full a full -time basis. promoted to a higher a regular position that medically qualified to 59.044 ANAHEIM approves an employee generated disability retirement and retires employee. 59.045 ANAHEIM and the AFA agree to meet and confer at such time that all the Permanent Light Duty Program assignments are filled, or at least one (1) year prior to ANAHEIM terminating the Permanent Light Duty Program. 59.05 Promotion opportunities will occur via the normal promotional process. 59.051 Candidates who successfully complete the WIPAl promotional process shall be ranked on the eligibility list in the normal fashion. When a vacancy occurs in a suppression Captain position, and a participant in the Permanent Light Duty Program is ranked next on the list, the Permanent Light Duty Program participant would be promoted to an available designated Permanent Light Duty Program Captain assignment. The next candidate on the list would fill the vacancy in suppression. Promotions will be made only if a vacancy exists in a following designated Permanent Light Duty Program Captain assignment: Services officer Administrative captain Assistant Training Officer 59.06 ANAHEIM agrees to fill up to twelve (12) Permanent Light Duty Program assignments. 59.061 All Permanent Light Duty Program assignments shall be filled in the order of importance identified by the Fire Chief. 59.062 Reassignment of safety personnel may be made as necessary to create openings for Permanent Light Light Duty Program assignments and /or promotions when deemed necessary by the Fire Chief. 59.07 If an employee's permanent work restrictions are such that they would be better suited to a position not identified in this ARTICLE, ANAHEIM -83- and the AFA agree to meet and confer. 59.08 All Permanent Light Duty Program assignments will be to productive work, and shall only occur when the duties of the assignment can be modified to accommodate the permanent work restrictions medically placed on the employee. 59.09 ANAHEIM and the AFA agree that employees working in Permanent Light Duty Program assignments will be held to the same rules and regulations regarding job performance after consideration of physical restrictions as all those employees in a safety classification represented by the AFA. 59.010 This ARTICLE applies only to those employees in a safety classification as designated by PERS and represented by the AFA. 59.011 ANAHEIM will, after discussion with the AFA, revise AR 2.67 to accommodate the terms and conditions of the ARTICLE, 59.012 Employees assigned to the Permanent Light Duty Program under the provisions of this ARTICLE shall be provided with Permanent Light Duty Program Extended Disability benefits under the following condition: 59.0121 Any employee who has been at work in a Permanent Light Duty Program assignment for all scheduled work hours for thirty (30) consecutive calendar days shall receive a one (1) time Permanent Light Duty Program extended Disability Benefit balance credit of one thousand (1000) -84- hours for employees on a forty (40) hour schedule and one thousand four hundred (1400) hours for employees on a fifty six (56) hour schedule, which will be available for medical appointment or periods of temporary disability from work do to the medical condition(s) for which the employee was assigned to the Permanent Light Duty Program for which Labor Code 4850 benefits have been previously paid. 59.0122 Labor Code 4850 Benefits must be exhausted prior to the utilization of Permanent Light Duty Program Benefits. 59.0123 Permanent Light Duty Program Extended Disability Benefits shall be paid at a net sixty percent (60 %) of the employee's base rate of pay, after withholding taxes less deductible benefits as identified in ARTICLE 36.081, Sick Leave. 59.0124 An employee shall have one (1) hour deducted from his Permanent Light Duty Program extended Disability Benefit balance for each hour of such leave taken. The minimum amount of Permanent Light Duty Program Extended Disability Benefit leave that may be taken at any given time shall be one (1) hour. 59.0125 Eligibility to use the Permanent Light Duty Program Extended Disability Benefit must be supported by a physician's certification certifying the need for the employee to remain off work and indicating -85- the medical condition(s) which caused the necessity. All eligibility for utilization of Permanent Light Duty Program Extended Disability Benefit is subject to review by a physician selected by ANAHEIM. Failure to promptly provide a physician's certification during any period of absence may result in denial of benefits. 59.013 Disputes arising out of this ARTICLE are subject to the Grievance Procedure. ARTICLE 60 SAFETY COMMITTEE 60.0 ANAHEIM and the AFA agree that a Safety Committee shall be established in the Fire Department. ANAHEIM and the AFA agree that one half of the membership of the Safety Committee shall be employees elected by nonsupervisory employees. The Safety Committee shall be composed of employees in classifications established by the Fire Chief. ARTICLE 61 NO STRIKE 61.0 The AFA agrees that under the terms of this Memorandum, the AFA and /or its members shall not conduct any strikes, slowdowns or other work stoppages against ANAHEIM, or to withdraw from assignments to standby duty during any grievance or dispute which may arise out of the application or interpretation of the terms and conditions of the Memorandum or any matter subject to review through the GRIEVANCE PROCEDURE. BE = ARTICLE 62 CONSTRUCTION 62.0 Nothing in this Memorandum shall be construed to deny anyperson or employee the rights granted by Federal and State laws and City Charter provisions. The rights, powers and authority of the City Council in all matters, including the right to maintain any legal action, shall not be modified or restricted by this Memorandum. The provisions of this Memorandum are not intended to conflict with the provisions of Chapter 10, Division 4, Title 1 of the Government Code of the State of California (Sections 3500, et. seq.) as amended in 1982. ARTICLE 63 SAVINGS CLAUSE 63.0 The resolution of ANAHEIM shall provide that if any provision of this Memorandum or the resolution is at any time, or in any way, held to be contrary to any law by any court of proper jurisdiction, the remainder of this Memorandum and the remainder of the resolution shall not be affected thereby, and shall remain in full force and effect. ARTICLE 64 DURATION 64.0 The terms of this Memorandum are to remain in full force and effect until the 5th day of July, 1990. Upon adoption of a resolution approving this Memorandum and the terms hereof by the City Council of ANAHEIM , this Memorandum shall be in full force and effect as of the 8th day of January, 1988. -87- STAFF OFFICIALS OF THE ANAHEIM FIREFIGHTERS ASSOCIATION CI^ a i By By By y W By By By By By By By By By By By By Dated �GcM/G� (-T —� gc�t� Dated iy6y -88- FIRE EMPLOYEES UNIT APPENDIX "A" January 8, 1988 to January 5, 1989 WAGES 56 HOUR CLA- 31FICATION SCHED /STEP HOURLY RATES MONTHLY RATES FIRE CAPTAIN I 1529 D -E $14.56 - $15.29 $3,533.23 - $3,710.37 FIRE CAPTAIN II 1567 D -E $14.92 - $15.67 $3,620.59 - $3,802.59 FIRE CAPTAIN III 1605 D -E $15.29 - $16.05 $3,710.37 - $3,894.80 FIRE CAPTAIN IV 1644 D -E $15.66 - $16.44 $3,800.16 - $3,989.44 FIRE ENGINEER I 1323 E -E $13.23 - $13.23 $3,210.48 - $3,210.48 FIRE ENGINEER II 1356 E -E $13.56 - $13.56 $3,290.56 - $3,290.56 FIRE ENGINEER III 1389 E -E $13.89 - $13.89 $3,370.64 - $3,370.64 FIRE ENGINEER IV 1422 E -E $14.22 - $14.22 $3,450.72 - $3,450.72 FIRE FIGHTER I 1176 P -E $7.96 - $11.76 $1,931.63 - $2,853.76 FIRE FIGHTER II 1205 R -E $8.99 - $12.05 $2,181.57 - $2,924.13 FIRE FIGHTER III 1235 R -E $9.22 - $12.35 $2,237.39 - $2,996.93 FIRE FIGHTER IV 1264 R -E $9.43 - $12.64 $2,288.35 - $3,067.31 PARAMEDIC ASSIGNMENT PAY $1.53 HAZARDOUS MATERIALS ASSIGNMENT PAY $1.53 The City shall pay 7% of the employee contribution towards PERS. FIRE EMPLOYEES UNIT APPENDIX "A" January 8, 1988 to January 5, 1989 WAGES 40 HOUR CLA,-.otFICATION SCHED /STEP HOURLY RATES MONTHLY RATES ARSON /FIRE INVESTIGATOR I 1833 D -E $17.46 - $18.33 $3,026.40 - $3,177.20 ARSON /FIRE INVESTIGATOR II 1879 D -E $17.90 - $18.79 $3,102.67 - $3,256.93 ARSON /FIRE INVESTIGATOR III 1925 D -E $18.33 - $19.25 $3,177.20 - $3,336.67 ARSON /FIRE INVESTIGATOR IV 1970 D -E $18.76 - $19.70 $3,251.73 - $3,414.67 FIRE CAPTAIN I 2140 D -E $20.38 - $21.40 $3,532.53 - $3,709.33 FIRE CAPTAIN II 2194 D -E $20.90 - $21.94 $3,622.67 - $3,802.93 FIRE CAPTAIN III 2247 D -E $21.40 - $22.47 $3,709.33 - $3,894.80 FIRE CAPTAIN IV 2301 D -E $21.91 - $23.01 $3,797.73 - $3,988.40 FIRE ENGINEER I 1852 E -E $18.52 - $18.52 $3,210.13 - $3,210.13 FIRE ENGINEER II 1898 E -E $18.98 - $18.98 $3,289.87 - $3,289.87 FIRE ENGINEER III 1945 E -E $19.45 - $19.45 $3,371.33 - $3,371.33 FIRE ENGINEER IV 1991 E -E $19.91 - $19.91 $3,451.07 - $3,451.07 FIRE FIGHTER I 1646 P -E $11.14 - $16.46 $1,930.93 - $2,853.07 FIRE FIGHTER II 1687 R -E $12.59 - $16.87 $2,182.27 - $2,924.13 FIRE FIGHTER III 1728 R -E $12.89 - $17.28 $2,234.27 - $2,995.20 FIRE FIGHTER IV 1769 R -E $13.20 - $17.69 $2,288.00 - $3,066.27 SENIOR ARSON /FIRE INVESTIGATOR I 2037 D -E $19.40 - $20.37 $3,362.67 - $3,530.80 SENIOR ARSON /FIRE INVESTIGATOR II 2088 D -E $19.89 - $20.88 $3,447.60 - $3,619.20 SENIOR ARSON /FIRE INVESTIGATOR III 2139 D -E $20.37 - $21.39 $3,530.80 - $3,707.60 SFNIOR ARSON /FIRE INVESTIGATOR IV 2190 D -E $20.86 - $21.90 $3,615.73 - $3,796.00 . .MEDIC ASSIGNMENT PAY $2.14 HAZARDOUS MATERIALS ASSIGNMENT PAY $2.14 The City shall pay 7% of the employee contribution towards PERS. FIRE EMPLOYEES UNIT APPENDIX "A" January 6, 1989 to January 4, 1990 WAGES 56 HOUR CLAb6IFICATION SCHED /STEP HOURLY RATES $3,858.40 - FIRE CAPTAIN I 1590 D -E $15.14 - $15.90 FIRE CAPTAIN II 1630 D -E $15.52 - $16.30 FIRE CAPTAIN III 1670 D -E $15.90 - $16.70 FIRE CAPTAIN IV 1709 D -E $16.28 - $17.09 FIRE ENGINEER I 1376 E -E $13.76 - $13.76 FIRE ENGINEER II 1410 E -E $14.10 - $14.10 FIRE ENGINEER III 1445 E -E $14.45 - $14.45 FIRE ENGINEER IV 1479 E -E $14.79 - $14.79 FIRE FIGHTER I 1223 P -E $8.28 - $12.23 FIRE FIGHTER II 1254 R -E $9.36 - $12.54 FIRE FIGHTER III 1284 R -E $9.58 - $12.84 FIRE FIGHTER IV 1315 R -E $9.81 - $13.15 PARAMEDIC ASSIGNMENT PAY $1.59 HAZARDOUS MATERIALS ASSIGNMENT PAY $1.59 MONTHLY RATES $3,673.97 - $3,858.40 $3,766.19 - $3,955.47 $3,858.40 - $4,052.53 $3,950.61 - $4,147.17 $3,339.09 - $3,339.09 $3,421.60 - $3,421.60 $3,506.53 - $3,506.53 $3,589.04 - $3,589.04 $2,009.28 - $2,967.81 $2,271.36 - $3,043.04 $2,324.75 - $3,115.84 $2,380.56 - $3,191.07 The City shall pay 9% of the employee contribution towards PERS. FIRE EMPLOYEES UNIT APPENDIX "A" January 6, 1989 to January 4, 1990 WAGES 40 HOUR CLAt,6IFICATION SCHED /STEP HOURLY RATES MONTHLY RATES ARSON /FIRE INVESTIGATOR I 1907 D -E $18.16 - $19.07 $3,147.73 - $3,305.47 ARSON /FIRE INVESTIGATOR II 1955 D -E $18.62 - $19.55 $3,227.47 - $3,388.67 ARSON /FIRE INVESTIGATOR III 2002 D -E $19.07 - $20.02 $3,305.47 - $3,470.13 ARSON /FIRE INVESTIGATOR IV 2050 D -E $19.52 - $20.50 $3,383.47 - $3,553.33 FIRE CAPTAIN I 2226 D -E $21.20 - $22.26 $3,674.67 - $3,858.40 FIRE CAPTAIN II 2282 D -E $21.73 - $22.82 $3,766.53 - $3,955.47 FIRE CAPTAIN III 2337 D -E $22.26 - $23.37 $3,858.40 - $4,050.80 FIRE CAPTAIN IV 2393 D -E $22.79 - $23.93 $3,950.27 - $4,147.87 FIRE ENGINEER I 1926 E -E $19.26 - $19.26 $3,338.40 - $3,338.40 FIRE ENGINEER II 1974 E -E $19.74 - $19.74 $3,421.60 - $3,421.60 FIRE ENGINEER III 2022 E -E $20.22 - $20.22 $3,504.80 - $3,504.80 FIRE ENGINEER IV 2070 E -E $20.70 - $20.70 $3,588.00 - $3,588.00 FIRE FIGHTER I 1712 P -E $11.59 - $17.12 $2,008.93 - $2,967.47 FIRE FIGHTER II 1755 R -E $13.10 - $17.55 $2,270.67 - $3,042.00 FIRE FIGHTER III 1798 R -E $13.42 - $17.98 $2,326.13 - $3,116.53 FIRE FIGHTER IV 1840 R -E $13.73 - $18.40 $2,379.87 - $3,189.33 SENIOR ARSON /FIRE INVESTIGATOR I 2119 D -E $20.18 - $21.19 $3,497.87 - $3,672.93 SENIOR ARSON /FIRE INVESTIGATOR II 2172 D -E $20.69 - $21.72 $3,586.27 - $3,764.80 SENIOR ARSON /FIRE INVESTIGATOR III 2225 D -E $21.19 - $22.25 $3,672.93 - $3,856.67 SENIOR ARSON /FIRE INVESTIGATOR IV 2278 D -E $21.70 - $22.78 $3,761.33 - $3,948.53 . .MEDIC ASSIGNMENT PAY $2.23 HAZARDOUS MATERIALS ASSIGNMENT PAY $2.23 The City shall pay 9% of the employee contribution towards PERS. FIRE EMPLOYEES UNIT APPENDIX "A" January 5, 1990 to July 17, 1990 WAGES 56 HOUR ui.ASSIFICATION SCHED /STEP HOURLY RATES MONTHLY RATES FIRE CAPTAIN I 1654 D -E $15.75 - $16.54 $3,822.00 - $4,013.71 FIRE CAPTAIN II 1695 D -E $16.14 - $16.95 $3,916.64 - $4,113.20 FIRE CAPTAIN III 1737 D -E $16.54 - $17.37 $4,013.71 - $4,215.12 FIRE CAPTAIN IV 1778 D -E $16.93 - $17.78 $4,108.35 - $4,314.61 FIRE ENGINEER I 1431 E -E $14.31 - $14.31 $3,472.56 - $3,472.56 FIRE ENGINEER II 1467 E -E $14.67 - $14.67 $3,559.92 - $3,559.92 FIRE ENGINEER III 1503 E -E $15.03 - $15.03 $3,647.28 - $3,647.28 FIRE ENGINEER IV 1538 E -E $15.38 - $15.38 $3,732.21 - $3,732.21 FIRE FIGHTER I 1272 P -E $8.61 - $12.72 $2,089.36 - $3,086.72 FIRE FIGHTER II 1304 R -E $9.73 - $13.04 $2,361.15 - $3,164.37 FIRE FIGHTER III 1336 R -E $9.97 - $13.36 $2,419.39 - $3,242.03 FIRE FIGHTER IV 1367 R -E $10.20 - $13.67 $2,475.20 - $3,317.25 PARAMEDIC ASSIGNMENT PAY HAZARDOUS MATERIALS ASSIGNMENT PAY $1.65 $1.65 The City shall pay 9% of the employee contribution towards PERS. Effective January 5, 1990, Anaheim shall grant a minimum salary increase of four percent (4%) as shown above in Appendix "A ", or 66.66% of the Los Angeles, Anaheim, Riverside Consumer Price Index (Urban Wage Earners and Clerical Workers) for the twelve (12) month period ending November 30, 1989, whichever is greater, up to a maximum of eight percent (8%) . FIRE EMPLOYEES UNIT APPENDIX "A" January 5, 1990 to July 17, 1990 WAGES 40 HOUR y- r1SSIFICATION SCHED /STEP HOURLY RATES MONTHLY RATES ARSON /FIRE INVESTIGATOR I 1984 D -E $18.90 - $19.84 $3,276.00 - $3,438.93 ARSON /FIRE INVESTIGATOR II 2034 D -E $19.37 - $20.34 $3,357.47 - $3,525.60 ARSON /FIRE INVESTIGATOR III 2083 D -E $19.84 - $20.83 $3,438.93 - $3,610.53 ARSON /FIRE INVESTIGATOR IV 2133 D -E $20.31 - $21.33 $3,520.40 - $3,697.20 FIRE CAPTAIN I 2315 D -E $22.05 - $23.15 $3,822.00 - $4,012.67 FIRE CAPTAIN II 2373 D -E $22.60 - $23.73 $3,917.33 - $4,113.20 FIRE CAPTAIN III 2431 D -E $23.15 - $24.31 $4,012.67 - $4,213.73 FIRE CAPTAIN IV 2489 D -E $23.70 - $24.89 $4,108.00 - $4,314.27 FIRE ENGINEER I 2004 E -E $20.04 - $20.04 $3,473.60 - $3,473.60 FIRE ENGINEER II 2054 E -E $20.54 - $20.54 $3,560.27 - $3,560.27 FIRE ENGINEER III 2104 E -E $21.04 - $21.04 $3,646.93 - $3,646.93 FIRE ENGINEER IV 2154 E -E $21.54 - $21.54 $3,733.60 - $3,733.60 FIRE FIGHTER I 1781 P -E $12.05 - $17.81 $2,088.67 - $3,087.07 FIRE FIGHTER II 1826 R -E $13.63 - $18.26 $2,362.53 - $3,165.07 FIRE FIGHTER III 1870 R -E $13.95 - $18.70 $2,418.00 - $3,241.33 FIRE FIGHTER IV 1915 R -E $14.29 - $19.15 $2,476.93 - $3,319.33 SENIOR ARSON /FIRE INVESTIGATOR I 2204 D -E $20.99 - $22.04 $3,638.27 - $3,820.27 SENIOR ARSON /FIRE INVESTIGATOR II 2259 D -E $21.51 - $22.59 $3,728.40 - $3,915.60 SENIOR ARSON /FIRE INVESTIGATOR III 2314 D -E $22.04 - $23.14 $3,820.27 - $4,010.93 SENIOR ARSON /FIRE INVESTIGATOR IV 2369 D -E $22.56 - $23.69 $3,910.40 - $4,106.27 FIRE EMPLOYEES UNIT APPENDIX "A" January 5, 1990 to July 17, 1990 WAGES 40 HOUR OARAMEDIC ASSIGNMENT PAY HAZARDOUS MATERIALS ASSIGNMENT PAY $2.32 $2.32 The City shall pay 9% of the employee contribution towards PERS. Effective January 5, 1990, Anaheim shall grant a minimum salary increase of four percent (4 %) as shown above in Appendix "A ", or 66.66% of the Los Angeles, Anaheim, Riverside Consumer Price Index (Urban Wage Earners and Clerical Workers) for the twelve (12) month period ending November 30, 1989, whichever is greater, up to a maximum of eight percent (8 %) .