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87-030RESOLUTION NO. _~y.~U.3_~ .... A RESOLDTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING DATED JANUARY 26, 1987, BETWEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRE FIGHTERS ASSOCIATION, LOCAL NO. 2899 WHEREAS, the Human Resources Director met and conferred with officials and employee representatives of the Anaheim Fire Fighters Association, Local No. 2899 to discuss the city proposal relative to the disposition of the following industrially injured safety employees represented by the Anaheim Fire Fighters Association, Local No. 2899: Leroy Tadeja Larry Parsons Scott Schoeppner Dennis Proud Edward Hackett WHEREAS, a Letter of Understanding dated January 26. 1987, between the parties has been prepared and signed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated January 26, 1987, between the City of Anaheim and the Anaheim Fire Fighters Association, Local No. 2899 be, and the same is hereby, approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of February, 1987. ~,.)~~ MA~--OF THE CITY O~ ANAHEIM CITY CLERE 0~ THE CITY 0~ ANAREIM APPROVED AS TO FORM: JACK L. WHITE, CITY ATTORNEY 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. 87R-30 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 3rd day of February, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Kaywood and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None VACANCY: COUNCIL MEMBERS: One AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-30 on the 3rd day of February, 1987. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of February, 1987. 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. 87R-30 duly passed and adopted by the Anaheim City Council on February 3, 1987. CITY CLERK OF THE CITY OF ANAHEIM LETTER OF UNDERSTANDING BETNEEN THE CITY OF ANAHEIM AND THE ANAHEIM FIRBFIGHTERS ASSOCIATION LOCAL 2899 The ANAHEIM Ftrefighters Association, Local 2899, hereinafter referred to as the "AFA" and the City of ANAHEIM, hereinafter referred to as the "CITY" after meeting and conferring, have reached the following Agreement on a CITY proposed mandatory Permanent Light Duty Program for industrially injured safety employees represented by AFA. ELIGIBILITY AND PARTICIPATION Upon notification by a CITY-approved physician (The CITY may select, at its discretion, the employee's treating physician as the CITY 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, the CITY may, after conferring with the employee, select an appropriate available Permanent Light Duty Program assignment. The CITY-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, the CITY may redesign the Permanent Light Duty Program assignment to accommodate the employee's medical restrictions, or select an alternate Permanent Light Duty Program assignment. The employee classification assignment. will retain his current rank or regardless of Permanent Light Duty Program 4. Any employee participating in the Permanent Light Duty Program may, at any time, request to be considered for re-assignment to another Permanent Light Duty Program assignment. 5. Participation in the Permanent Light Duty Program will be considered return to usual and customary occupation for purposes of vocational rehabilitation. -1- COMPENSATION Employees shall be including assignment assigned to the Permanent Light Duty Program compensated at their normal hourly rate of pay educational incentive pay and special pay. Employees at different rates of pay may be placed in similar Permanent Light Duty Program assignments. The hours worked by employees assigned to the Permanent Light Duty Program will be in accordance wlth the schedules agreed to under the current Memorandum of Understanding· ASSIGNMENTS The following may be available Program assignments, and may be medical work restrictions: as Permanent Light Duty modified to accommodate 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) Any employee participating in the 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. DURATION Assignment to the Permanent Light Duty Program will continue unless the following occurs: The CITY can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. The employee is medically released to full range of duties on a full-time basis. The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. The CITY approves an employee-generated disability retirement and retires employee. The CITY and the AFA agree to meet and confer at such time that all of the Permanent Light Duty Program assignments are filled, or at least one (1) year prior to the CITY terminating the Permanent Light Duty Program. PROMOTIONS Promotion opportunities promotional process. will occur via the normal Candidates who successfully complete the 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 SPECIAL CONDITIONS The CITY agrees to fill up to twelve (12) Permanent Light Outy Program assignments. All Permanent Light Duty Program assignments shall be filled in the order of importance identified by the ANAHEIM Fire Chief. ge-assignment of safety personnel may be made as necessary to create openings for Permanent Light Duty Program assignments and/or promotions when deemed necessary by the ANAHEIM Fire Chief. If an employee's permanent work restrictions are such that they would be better suited to a position not Identified in this Agreement, the CITY and the AFA agree to meet and confer. -3- 10. 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. The CITY 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. This Agreement applies safety classification represented by the AFA. only to those employees in a as designated by PERS and The CITY will, after discussion with the AFA, revise AR 2.67 to accommodate the terms and conditions of this Agreement. Employees assigned to the Permanent Light Duty Program under the provisions of this Agreement shall be provided with Permanent Light Duty Program Extended Disability benefits under the following conditions: 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) 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 appointments or periods of temporary disability from work due 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. Labor Code 4850 Benefits must be exhausted prior to the utilization of Permanent Light Duty Program Benefits. 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 Section 35.31, Article 35, Sick Leave. -4- An employee shall have one (1) hour deducted from his Permanent Light Duty Program Extended Disaility 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. Eligibility to use the Permanent Light Duty Program Extended Disability Benefit must be supported by a physician's certification verifying the need for the employee to remain off work and indicating the medical condition(s) which caused this necessity. Ail eligibility for utilization of Permanent Light Duty Program Extended Disability Benefit is subject to review by a physician selected by the CITY. Failure to promptly provide a physician's certification during any period of absence may result in denial of benefits. 11. Disputes arising out of this Agreement are subject to the Grievance Procedure. TERM The terms of this agreement will remain in full force and effect until the 8th day of January 1988. at which time it is incorporated in the Memorandum of Understanding between the CITY and the AFA. STAFF OFFICIALS OF THE CITY OF ANAHEIM. a musical corporation B~ By ANAHEIM FIREFIGHTERS ASSOCIATION By By -5-