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RES-2006-113RESOLUTION NO. 2006 - 1 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A MEMORANDUM OF UNDERSTANDING ESTABLISHING TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN CLASSIFICATIONS ASSIGNED TO THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL 2899 WHEREAS, Chapter 1.06 of the Anaheim Municipal Code establishes the employer - employees relations system for the City; and WHEREAS, Section 1.06.100, Chapter 1.06 requires Memoranda of Understanding to be presented to the City Council for determination; and WHEREAS, the City Council of the City of Anaheim does find that it is in the best interest of the City of Anaheim to approve said Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the Memorandum of Understanding between the Anaheim Firefighters Association, Local 2899 and the City of Anaheim executed by the City Management Representative and the Anaheim Firefighters Association, Local 2899 on May 25, 2006, as set forth in the document attached hereto and incorporated by reference herein, be and the same is hereby, adopted and that the effective date of such Memorandum of Understanding shall be July 1, 2005 through June 30, 2009. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 30th day of May 2006. AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez NOES: None 1 4- ABSENT: None ABSTAIN: None dA 4 0 MAYOR OF THE CITY ANAHEIM AT T T: r ,CITY CCEKK OF HE CITY OF ANAHEIM APPROVED AS TO FORM: JACK L WHITE, CITY ATTORNEY By: �L FAOT3680CS.DOC MEMORANDUM OF UNDERSTANDING between the ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL NO. 2899 and the CITY OF ANAHEIM JULY 1 2005 - JUNE 30, 2009 TABLE OF CONTENTS GENERAL page ARTICLE 1 Preamble 1 ARTICLE 2 Recognition 1 ARTICLE 3 Management Rights 1 ARTICLE 4 Employee Rights 2 ARTICLE 5 Check -off 2 ARTICLE 6 AFA Representatives 2 COMPENSATION AND PAY PROVISIONS page ARTICLE 7 General 4 ARTICLE 8 Classification 4 ARTICLE 9 Appropriate Salary Step 5 ARTICLE 10 Incentive Pay 6 ARTICLE 11 Salary Relationships 7 ARTICLE 12 Hours of Work and Pay Day 8 ARTICLE 13 Adjusted Hours 8 ARTICLE 14 Temporary Upgrading of Employees 9 ARTICLE 15 Payroll Deductions 10 EMPLOYMENT PROVISIONS page ARTICLE 16 General 10 ARTICLE 17 Appointments and Promotions 11 ARTICLE 18 Employment Lists 12 ARTICLE 19 Probation 13 ARTICLE 20 Outside Employment 13 ARTICLE 21 Service Awards 14 ARTICLE 22 Training 14 ARTICLE 23 Salary Step Reduction, Suspension, Demotion, and Dismissal 14 ARTICLE 24 Layoff and Re- employment 16 ARTICLE 25 Transfer 17 ARTICLE 26 Reinstatement 17 ARTICLE 27 Voluntary Demotion 18 LEAVE PROVISIONS page ARTICLE 28 Bereavement Leave 19 ARTICLE 29 Holidays 19 ARTICLE 30 Industrial Accident Leave 21 ARTICLE 31 Jury Duty and Court Appearances 21 ARTICLE 32 Leave Without Pay 21 ARTICLE 33 Military Leave 22 ARTICLE 34 Sick Leave 22 ARTICLE 35 Vacation 25 ARTICLE 36 Paid Leave Program 27 PREMIUM PAY PROVISIONS page ARTICLE 37 Overtime 31 ARTICLE 38 Fair Labor Standards Act 31 ARTICLE 39 Bilingual Pay 32 ARTICLE 40 Call Out 32 ARTICLE 41 Shift Differentials 33 ARTICLE 42 Staffing 33 ARTICLE 43 Situational Staffing 34 ARTICLE 44 Hazardous Materials Program 34 ARTICLE 45 Standby 35 ARTICLE 46 Travel and Mileage Expense 35 WORK RULES page ARTICLE 47 Tobacco Products 36 ARTICLE 48 Communicable Diseases 36 ARTICLE 49 Uniforms and Laundry 36 ARTICLE 50 Consecutive Shift Rule 37 GRIEVANCES page ARTICLE 51 Grievance Procedure 37 INSURANCE page ARTICLE 52 Insurance 39 ARTICLE 53 Post - Retirement Medical Benefits 44 MISCELLANEOUS page ARTICLE 54 Joint Committee on Medical Programs 48 ARTICLE 55 Physical Examinations 48 ARTICLE 56 Exposure Record Program 49 ARTICLE 57 Fitness, Annual Medical, Substance Awareness 49 ARTICLE 58 Permanent Light Duty Program 50 ARTICLE 59 Safety Committee 53 ARTICLE 60 Fitness for Duty 53 ARTICLE 61 Fitness for Duty Assessments 54 ARTICLE 62 Drug and Alcohol Testing Based on Reasonable Suspicion 55 ARTICLE 63 No Strike 57 ARTICLE 64 Discussion 57 ARTICLE 65 Re- opener 57 ARTICLE 66 Construction 58 ARTICLE 67 Savings Clause 58 ARTICLE 68 Duration 59 APPENDIX "A" WAGES page Special Provisions 60 1 Pay Period following Council Adoption through June 29, 2006 61 June 30, 2006 through June 28, 2007 62 June 29, 2007 through June 26, 2008 63 June 27, 2008 through December 11, 2008 64 December 12, 2008 through June 25, 2009 65 June 26, 2009 through June 30, 2009 66 APPENDIX "B" POST- RETIREMENT MEDICAL CHART page Percentage of Premium Costs 67 APPENDIX "C" LETTERS OF UNDERSTANDING page C -1 Permanent Modified Light Duty Program 68 C -2 Retirement Health Savings Account 69 ARTICLE 1 PREAMBLE 1.1 The wages, hours, and other terms and conditions of employment within the lawful scope of representation of the Anaheim Firefighters Association (AFA) have been agreed upon by representatives of the AFA and staff officials of City of Anaheim (ANAHEIM) and shall apply to all employees of ANAHEIM working in the classifications set forth in Appendix "A" (bargaining unit members). AFA agrees to recommend acceptance by bargaining unit members of all 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 terms and conditions of employment as set forth herein be approved pursuant to California Government Code § 3505.1. ARTICLE 2 AFA RECOGNITION 2.1 ANAHEIM hereby recognizes the AFA as the exclusively recognized representative for all bargaining unit members (hereinafter referred to as members and /or employees) to the fullest extent allowable under California law applying to public employees. As 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 MANAGEMENT RIGHTS 3.1 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 cant' out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. 3.2 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. 3.3 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 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 4 EMPLOYEE RIGHTS 4.1 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, intimidated, restrained, coerced, or discriminated against by ANAHEIM or by any employee organization because of his or her exercise of these rights. ARTICLE 5 CHECK -OFF 5.1 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. ARTICLE 6 6.1 AFA representatives are those elected or appointed in accordance with the constitution and bylaws of the AFA. 6.1.1 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. 6.1.2 An employee elected or appointed as an officer, director or representative of the AFA shall be required to work full time in his or her respective job classification. 2 6.2 Officers, directors and representatives (subject to the provision of ARTICLE 6.1.2) 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. 6.2.1 Such officers, directors and representatives shall not enter any work location without the knowledge of the appropriate manager. 6.2.2 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 service to ANAHEIM. 6.3 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. 6.3.1 Such officers, directors, representatives and officials shall not leave their duty or workstation or assignment without the knowledge of the appropriate manager. 6.3.2 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. 6.4 ANAHEIM shall furnish bulletin boards at mutually agreeable, specific locations for the purpose of posting notices pertaining to AFA business. 6.4.1 All materials must be dated and must identify the AFA. 6.4.2 If the AFA does not abide by these provisions it will forfeit its right to have materials posted on ANAHEIM'S bulletin boards. 6.5 ANAHEIM shall allow the AFA to conduct meetings in City facilities. 6.5.1 Such meetings shall be scheduled in accordance with regulations governing use of public meeting rooms at City facilities. 6.6 ANAHEIM agrees that due to the unique work schedules of employees assigned to firefighter work, the officers, employee representatives and officials of the AFA shall be allowed time off without loss of compensation or other benefits for activities concerned with the internal management of the AFA. 6.6.1 ANAHEIM agrees to provide a combined total of up to 480 hours per year of paid released time from normal work assignments to the officers, employee representatives and officials of the AFA. The AFA agrees to reimburse ANAHEIM on an hour - for -hour basis at the employee's regular rate of pay for all hours of 3 released time taken by the officers, employee representatives and officials of the AFA. 6.6.1.1 Such officers, employee representatives and officials shall not leave their duty or workstation or assignment without the knowledge of the appropriate Battalion Chief. 6.6.1.2 Such meetings are subject to scheduling in a manner consistent with operating needs and work schedules. ARTICLE 7 GENERA L 7.1 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 8 CLASSIFICATION 8.1 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 titre, the same qualification requirements, the same test of competence and the same salary schedule. 8.1.1 A job classification may contain one or more positions. 8.1.2 Classification of all positions in the classified service shall require the approval of the City Manager. 8.2 A position may be reclassified on the basis of changes in or reevaluation of the duties, responsibilities, and /or qualification requirements of the position. 8.2.1 The Human Resources Director shall be responsible for recommending such reclassification as he or she finds to be necessary. 8.2.2 A reclassification shall become effective upon action by the City Manager on a Personnel Action Form. 8.2.3 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. 4 ARTICLE 9 APPROPRIATE SALARY STEP 9.1 Regular, full time employees in the classified service shall be eligible for consideration for merit pay increases as follows: 9.1.1 To the 5"' step after completion of six months of service in the 4 step. 9.1.2 To the 6"' step after completion of six months of service in the 5"' step. 9.1.3 To the 7"' step after completion of six months of service in the 6"' step. 9.1.4 To the 8"' step after completion of twelve months of service in the 7"' step. 9.1.5 To the 9 step after completion of twelve months of service in the 8"' step. 9.1.6 Effective December 12, 2008, ANAHEIM shall create a 10 salary step. All employees who have completed twelve (12) months or more of service in the 9"' step as of December 12, 2008 shall be placed in the 10 step. Thereafter, employees shall be eligible for consideration for merit pay increase to the 10"' step after completion of twelve months of service in the 9"' step. 9.2 In such cases as may occur wherein an employee shall demonstrate exceptional ability and proficiency in performance of his or her 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. 9.3 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 8"' step after completion of six months of service in the 7"' step. They shall be eligible for consideration for merit pay increases to the 9 step after completion of six months of service in the 8 step. Effective December 12, 2008, such employees shall be eligible for consideration for merit pay increases to the 10"' step after six months of service in the 9� step. 9.4 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 or her position. 9.4.1 The effective date of the merit pay increases shall be the first day of the pay period following approval as provided in ARTICLE 9.4 and completion of the minimum required service in the next lower step as provided in ARTICLE 9.1. 9.5 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. 9.5.1 The provisions of this Article shall also apply to re- employed and reinstated employees. E 9.6 An incumbent employee reclassified with his or her position to a lower job classification shall retain his or her regular hourly rate of pay and his or her anniversary date for purposes of merit pay increases, or shall be placed in the step of the lower salary schedule closest to his or her regular hourly rate of pay. If the top 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 or her job classification is assigned to a salary schedule in which the top step is equivalent to or higher than the "Y" step, at which time the employee shall be placed in the top step. 9.7 An incumbent employee reclassified with his or her position to an equivalent job classification shall retain his or her regular hourly rate of pay and his or her anniversary date for purposes of merit pay increases. 9.8 An employee who is promoted or reclassified with his or her 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 top step of the higher salary schedule provides a pay increase of less than four percent (4 %), or when the bottom 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 9.1. 9.8.1 An employee shall be placed at the entry level step in the salary range when promoted to Firefighter. 9.9 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 9.1. 9.10 An employee in a job classification which is assigned to a different salary schedule as a result of a pay adjustment shall retain his or her same salary step status in the newly authorized salary schedule and shall retain the same anniversary date for purposes of merit pay increases. 9.11 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. ARTICLE 10 INCENTIVE PAY 10.1 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. 0 ARTICLE 11 SALARY RELATIONSHIPS 11.1 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 Fire/Arson Investigator I (closest 40 hour rate) 1.125 x Firefighter I rate Fire Captain II 1.332 x Firefighter I rate Fire Engineer I 1.125 x Firefighter I rate Firefighter I 1.00 Sr. Fire /Arson Investigator I (closest 40 hour rate) 1.30 x Firefighter I rate Firefighter and Fire Engineer Level II's 1.025 x Level I rates Firefighter and Fire Engineer Level III's 1.050 x Level I rates Firefighter and Fire Engineer Level IV's 1.075 x Level I rates Fire Captain Level III's 1.025 x Level II rates Fire Captain Level IV's 1.050 x Level II rates Paramedics Assignment .15 x Firefighter I 9 th Step Hazardous Materials Assignment .13 x Firefighter I 9 Step Fire /Arson Investigation Assignment .13 x Firefighter I 9 th Step Urban Search & Rescue Assignment .05 x Firefighter I 9 Step Effective June 26, 2009 Specialty Assignment Pays shall be based on the following salary relationships: Paramedics Assignment .15 x Firefighter I 10 Step Hazardous Materials Assignment .13 x Firefighter I 10 Step Fire /Arson Investigation Assignment .13 x Firefighter I 10 Step Urban Search & Rescue Assignment .05 x Firefighter I 10 Step 11.2 All applicants must possess at least the level II incentive in order to compete for promotion to Fire Captain. VA 11.3 Employees assigned to an administrative duty schedule of forty (40) hours per week shall retain their educational incentive pay and special assignment pay, and shall receive a seven percent (7 %) salary differential. ARTICLE 12 HOURS OF WORK AND PAY DAY 12.1 The average, regular workweek 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. 12.1.1 For all employees with an average regular workweek of forty (40) hours, the monthly rate shall be the hourly rate times 2,080 divided by 12. 12.2 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 workweek of such designated personnel shall be defined as a fifty six (56) hour workweek. 12.2.1 For all employees with an average workweek of fifty six (56) hours, the monthly rate shall be the hourly rate times 2,912 divided by 12. 12.3 Regular salaries and compensation of all ANAHEIM employees shall be paid on a biweekly basis. 12.4 Appendix "A" Wages shall reflect the employee's biweekly rate. ARTICLE 13 ADJUSTED HOURS 13.1 A regular, fulltime employee in the classified service with an average, regular workweek 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 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 14 TEMPORARY UPGRADING OF EMPLOYEES 14.1 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 or her regular job classification. 14.2 If any employee is temporarily assigned to perform work at a position with a lower pay rate, his or her regular hourly rate of pay shall not be changed. Such temporary assignment of work shall be made at the discretion of ANAHEIM. 143 All holiday, vacation, sick leave and paid leave shall be paid at an employee's regular hourly rate of pay. 14.4 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. 14.5 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. 14.6 Under normal circumstances employees who are upgraded for a minimum of twelve (12) hours on a twenty four (24) hour shift shall normally be upgraded in the following order: 14.6.1 on current eligibility list for the upgrade classification 14.6.2 currently certified by the Fire Department for the upgrade classification 14.6.3 as designated by management 14.7 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 II Fire Engineer I Fire /Arson Investigator I 14.8 Employees temporarily upgraded to a Paramedic, a Firefighter Fire /Arson Investigator, or a Hazardous Materials assignment shall receive the appropriate assignment pay differential in accordance with Appendix "A" for all time worked in the specialty assignment, if they are assigned to work the specialty assignment for a period of four (4) working hours or longer and they meet the following conditions: a) The employee has previously served a minimum of one year fulitime in the specialty assignment, and b) The employee has maintained the required certification(s). 14.8.1 Such specialty assignment pay shall be in lieu of and not in addition to upgrade pay authorized under ARTICLE 14.7. E 14.9 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. 14.10 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. ARTICLE 15 PAYROLL DEDUCTIONS 15.1 Deductions of authorized amounts may be made from employees' pay for the following purposes: 15.1.1 Withholding Tax; 15.1.2 Contributions to retirement benefits; 15.1.3 Contribution to survivors' benefits; 15.1.4 Payment of life insurance and accidental death and dismemberment insurance premium; 15.1.5 Payment of non - industrial disability insurance premium; 15.1.6 Payment of hospitalization and major medical insurance premium; 15.1.7 Payment to or savings in Orange County's Credit Union; 15.1.8 Contributions to the City Employees Annual Charities Fund Drive; 15.1.9 Payment of membership dues to the AFA; 15.1.10 Purchase of United States Savings Bonds; and 15.1.11 Other purposes as may be authorized by the City Council. ARTICLE 16 G ENERAL 16.1 It is hereby the declared personnel policy of ANAHEIM that: 16.1.1 Employment by ANAHEIM shall be based on merit and fitness, free of personal and political consideration. 16.1.2 Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and /or evaluations. 16.1.3 Positions having similar duties and responsibilities shall be classified and compensated on a uniform basis. 16.1.4 Tenure of employees shall be subject to good behavior, satisfactory work performance, necessity for the performance of work, and the availability of funds. 16.2 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 fulltime employees shall receive a true copy of any personnel action taken concerning their status of employment. 10 16.3 Job Bulletins regarding classifications represented by the AFA shall be sent to the AFA during recruitment periods. 16.4 ANAHEIM shall be the sole judge of the testing, qualification and acceptance procedures of all applicants for 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. 16.5 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. 16.6 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 17 APPOINTMENTS AND PROMOTIONS 17.1 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. 17.2 Minimum standards of employment for each job classification shall be established by ANAHEIM. 17.3 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 Administrative 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. 17.3.1 Advancement to a higher paid job classification shall constitute a promotion. 17.3.2 Employees promoted to Fire Engineer or Fire Captain shall be placed in the 9"' step of the salary schedule. 17.3.3 Effective December 12, 2008 employees promoted to Fire Engineer or Fire Captain shall after successfully completing their probationary period be placed in the 10"' step of the salary schedule. 11 17.4 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. 17.5 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. 17.5.1 Records Retention Period -- At the minimum, ANAHEIM, shall provide for the preservation of the rater's sheets and notes for the duration of the eligibility list, or for the duration of litigation if any. 17.6 The Fire Chief, with the concurrence of the Human Resources Director, may order names removed from an eligibility list for good and sufficient reasons. 17.7 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, fulltime 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 or her provisional appointment, said provisional appointee shall have his or her employment terminated at the close of the first complete biweekly pay period following the establishment of the eligibility list. 17.8 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 or her period of employment under the grant, said grant funded appointee shall be terminated from ANAHEIM employment. ARTICLE 18 EMPLOYMENT LISTS 18.1 Employment lists, in order of their priority, shall be re- employment lists and eligibility lists. 18.2 Eligibility lists shall be created in accordance with the provisions of ARTICLE 17 - APPOINTMENTS AND PROMOTIONS. 18.2.1 Eligibility lists may contain the names of one or more persons eligible for employment. 18.2.2 Open competitive eligibility lists shall remain in effect for a period of one year or until 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. 12 18.2.3 Promotional eligibility lists shall remain in effect for a period of two years or until depleted. ARTICLE 19 19.1 Employees appointed from eligibility lists, reinstated employees and employees reassigned according to the Vocational Rehabilitation Administrative Regulation, shall be subject to a period of probation. The regular period of probation shall be six (6) months with the exception of the Firefighter I classification, which shall have a regular period of probation which begins on the date of appointment and ends twelve (12) months after completion of recruit training. 19.1.1 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 or her 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. 19.1.2 Upon successful completion of a probationary period, an employee shall be granted regular status in the classification in which the probationary period is served. 19.2 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. 19.2.1 An employee rejected during the probationary period from a position to which he or she has been promoted or transferred shall be returned to the classification in which he or she has regular status unless the reasons for his or her failure to complete his or her probationary period would be cause for dismissal, in which case the formal disciplinary process required by ARTICLE 23 — SALARY STEP REDUCTION, SUSPENSION, DEMOTION AND DISMISSAL shall be followed. 19.3 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 20 OUTSIDE EMPLOYMENT 20.1 An employee may engage in employment other than his or her 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. 13 ARTICLE 21 SERVICE AWARDS 21.1 ARTICLE 22 TRAINING 22.1 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. Service awards, in the form of service pins or the 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 or her retirement. 21.1.1 For purposes of this Article, the term "years of service" shall be defined as continuous, fulltime service. 22.1.1 Reimbursement to employees for costs incurred for formalized training shall be in accordance with regulations established by the City Manager. 22.1.2 ANAHEIM agrees to pay the difference between a Class "B" and "C" Driver's License in the event a Class "B" license is state or department mandated and the employee receives such license after January 1, 1990. 22.1.3 ANAHEIM agrees to pay $200 for each Paramedic Re- certification completed on or after July 6, 1990. ARTICLE 23 SALARY STEP REDUCTION, SUSPENSION, DEMOTION, AND DISMISSAL 23.1 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. 23.2 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: 14 23.2.1 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. 23.2.2 Reduced by one or more salary steps on the basis of unsatisfactory work performance or conduct. The employee may be returned to his or her former salary step at such time as deemed appropriate. 23.3 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. 23.3.1 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. 23.4 An employee may appeal disciplinary actions under the provisions of ARTICLE 51, GRIEVANCE PROCEDURE. 23.5 When an employee is dismissed as provided in this Article, ANAHEIM and the AFA agree to the following accelerated procedure under the provisions of ARTICLE 51, GRIEVANCE PROCEDURE: 23.5.1 ANAHEIM and the AFA agree that only one Post Skelly hearing by the appropriate Executive or Administrative Manager shall be held. This hearing shall be held within ten working days after the dismissal is grieved unless mutually extended. 23.5.2 If the grievance is then appealed to Third Step to be submitted to an impartial arbitrator for a final and binding decision, ANAHEIM and the AFA agree to: 23.5.2.1 Develop a standing list of mutually approved arbitrators. 23.5.2.1.1 This list shall include no more than five mutually approved arbitrators. 23.5.2.1.2 ANAHEIM and the AFA agree to re- establish the list of arbitrators once each year in January. 23.5.2.1.3 ANAHEIM and the AFA may remove arbitrators from this list at anytime. 23.5.2.2 Select the arbitrator from the standing list that has the earliest, reasonable available hearing date, unless the parties mutually agree to select another arbitrator from the list. 23.5.2.3 Stipulate to the following submission language when a dismissal is submitted to an impartial arbitrator. "Was (name of employee) 15 dismissed for good and sufficient cause? If not, what shall the remedy be?" ARTICLE 24 LAYOFF AND RE- EMPLOYMENT 24.1 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. 24.1.1 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 or she 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 or she 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 or she 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 become vacant. Such reinstatement shall be on the basis of department seniority. 24.1.2 Whenever an employee whose position has been abolished cannot be reassigned to a vacant position within the Fire Department, he or she shall be reassigned by the City Manager to any vacant position in any other division or department in his or her job classification or in an equivalent or lower job classification for which he or she meets the minimum qualifications for employment. If an employee is reassigned to a vacant position within his or her job classification in any other division or department, he or she shall retain his or her 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 or she 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 become vacant. Such reinstatement shall be on the basis of department seniority. 24.2 Whenever an employee whose position has been abolished is not reassigned to any vacant position, he or she shall be placed on the re- employment list for his or her job classification. Persons on the re- employment list shall be re- employed with their former salary step status when positions in their job classification within the Fire Department from which they were laid off become vacant. Re- employment shall be on the basis of department seniority. Names on re- employment lists shall remain for a period not to exceed one (1) year. 16 24.3 Whenever an employee is reassigned to a vacant position in the same classification, an equivalent classification, or lower classification as herein provided, he or she shall retain the same anniversary date for purposes of merit pay increases. 24.4 Whenever an employee is reinstated to a vacant position in his or her former job classification, or re- employed as herein provided, he or she shall be given a new anniversary date for purposes of merit pay increases in accordance with the provisions of ARTICLE 9 - APPROPRIATE SALARY STEP. 24.4.1 An employee reinstated from the re- employment list shall be considered to have continuous service and may be credited with the amount of accumulated sick leave he or she had accrued at the time of layoff if he or she elects to remit to ANAHEIM any payment received under the provisions of ARTICLE 34 -- SICK LEAVE or ARTICLE 36 — PAID LEAVE PROGRAM. 24.5 The provisions of this Article shall apply only to regular, full time employees in the classified service. Employees appointed to certain grant funded positions as designated by the City Manager under ARTICLE 17.8 and probationary employees shall be excluded from the provisions of this Article. ARTICLE25 TRANSFER 25.1 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. 25.1.1 A transferred employee shall retain his or her regular hourly rate of pay and his or her anniversary date for purposes of merit pay increases. 25.1.2 In order to be transferred to a job classification with minimum standards of employment substantially different from those of his or her own job classification, an employee shall be required to demonstrate his or her eligibility for employment in accordance with the provisions of ARTICLE 17 - APPOINTMENTS AND PROMOTIONS and shall serve a new probationary period in accordance with the provisions of ARTICLE 19 - PROBATION. 25.2 Transfers for the betterment of employees and the best interests of ANAHEIM shall be encouraged by all echelons of management. ARTICLE 26 REINSTATEMENT 26.1 An employee who terminates his or her employment in good standing may be reinstated to a vacant position in his or her former job classification within three (3) years of his or her termination date without going through the competitive processes. 17 26.1.1 An employee reinstated within thirty (30) days of his or her termination date shall be considered to have continuous service and shall be credited with the amount of accumulated sick leave he or she had at the time of termination. He or she shall be placed in his or her former salary step and shall retain his or her anniversary date for purposes of merit pay increases. If his or her anniversary date has occurred during the period of his or her absence, his or her new anniversary date shall be the first day of the next biweekly pay period following reinstatement. 26.1.2 An employee reinstated after thirty (30) days of his or her 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. 26.2 An employee may be reinstated under the provisions of the Vocational Rehabilitation Administrative Regulation to any vacant position for which he or she meets the minimum qualifications. 26.3 The provisions of this Article shall apply to regular, fulltime employees. ARTICLE 27 VOLUNTARY DEMOTION 27.1 If an employee takes a voluntary demotion as a result of a downward reclassification of his or her position, his or her salary step status shall be in accordance with the provisions of ARTICLE 9 - APPROPRIATE SALARY STEP. 27.2 Voluntary demotions as a result of impending layoff shall be in accordance with the provisions of ARTICLE 24 - LAYOFF AND RE- EMPLOYMENT. 27.3 An employee may request a voluntary demotion for any reason. Such voluntary demotion shall require the approval of ANAHEIM. An employee taking such voluntary demotion may be placed in any salary step of the appropriate salary schedule that does not provide an increase in salary. He /she shall be given a new anniversary date for purposes of merit pay increases in accordance with provisions of ARTICLE 9 - APPROPRIATE SALARY STEP. An employee taking such voluntary demotion to a classification the employee was promoted from shall be returned to the salary step from which the employee was promoted and shall receive credit for time previously served at that salary step for purposes of determining anniversary date for merit pay increases. 27.3.1 Voluntary demotions in accordance with the Vocational Rehabilitation Administrative Regulation shall be in accordance with the provisions of ARTICLE 27.3. 27.4 An employee who has taken a voluntary demotion to a lower job classification may be reinstated to a vacant position in his or her former job classification within three (3) years of the effective date of the voluntary demotion without re- qualifying by competitive processes. 27.4.1 An employee reinstated to his or her former job classification from a voluntary demotion shall retain his or her regular hourly rate of pay. If the employee's regular hourly rate of pay is not included in the salary schedule of his or her former job classification, he or she shall be placed in the salary step of that salary schedule which is closest to his or her regular hourly rate of pay. The employee shall retain his or her anniversary date for purposes of merit pay increases. However, if the employee is placed in the 4"', 5 or 6 step of the salary schedule, the employee shall be eligible for a merit pay increase after six (6) months or his or her regular anniversary date, whichever is sooner. ARTICLE 28 BEREAVEMENT LEAVE 28.1 In the event a death occurs in the immediate family of a fulltime 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 or registered domestic partner, regardless of residence. 28.2 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, grandchild, daughter -in -law, son -in -law not under the same roof of the employee, and any grandparent, grandchild, child, brother, or sister of the employee's spouse or registered domestic partner, regardless of residence. 28.2.1 Employees assigned to Fire Suppression (56 hour) shall be granted Bereavement Leave with pay for up to one regularly scheduled shift for each occurrence among other family members. 28.3 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. 28.4 As used in this Article, registered domestic partner means that a Declaration of Domestic Partnership has been filed with the California Secretary of State. ARTICLE 29 HOLIDAYS 29.1 The following days shall be recognized as holidays, and regular fulltime employees in the classified service with an average, regular workweek of forty (40) hours shall have these holidays off with pay: January 1st, New Year's Day Third Monday in January, Martin Luther King's Birthday Third Monday in February, President's Day Last Monday in May, Memorial Day July 4th, Independence Day 19 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. 29.2 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. 29.3 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 or her regular hourly rate of pay. Employees in the following job classifications shall be exempt from the provisions of this Article. Fire Captain II Firefighter I Fire Engineer I Fire Captain III Firefighter II Fire Engineer II Fire Captain IV Firefighter III Fire Engineer III Firefighter IV Fire Engineer IV 29.4 A fifty -six (56) hour employee, in any of the Fire Department job classifications listed in ARTICLE 29.3 above shall receive additional compensation equivalent to 1 /10th of his or her regular biweekly compensation for each holiday listed in ARTICLE 29.1, 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 (for a maximum of 134.4 hours per year). Under this 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 by 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. 29.4.1 An employee who is on an approved Industrial Accident Leave of absence shall receive additional compensation in accordance with the provisions of ARTICLE 29.4. 29.5 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. 29.5.1 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. 20 ARTICLE 30 INDUSTRIAL ACCIDENT LEAVE 30.1 ANAHEIM will provide employees with Industrial Accident Leave as required by law. ARTICLE 31 JURY DUTY AND COURT APPEARANCES 31.1 In the event a regular, fulltime employee in the classified service is duly summoned to any court for the purpose of performing jury duty, he or she shall receive his or her regular hourly rate of pay for any regularly scheduled working hours spent in actual performance of such service. 31.1.1 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 or her own misconduct, he or she shall receive his or her regular hourly rate of pay for any regularly scheduled working hours spent in actual performance of such service. 31.1.2 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 32 LEAVE WITHOUT PAY 32.1 Any employee who is absent from work and who is not on paid leave time shall be considered to be on leave without pay. 32.1.1 Regular, fulltime employees in the classified service with an average, regular workweek of forty (40) hours shall receive no compensation and shall accumulate no vacation or sick leave while on leave without pay. 32.1.2 Regular, fulltime employees in the classified service with an average, regular workweek of fifty six (56) hours shall receive no compensation and shall accrue no paid leave while on leave without pay. 32.1.3 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 eight (48) working hours may be granted by the employee's Battalion Chief. Leave without pay in excess of forty eight (48) hours up to a maximum of six (6) months shall require the approval of the Fire Chief. 32.1.4 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. ANAHEIM shall waive the payment of 21 employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans for a maximum of six (6) complete months. 32.1.5 An employee who is absent from work in excess of six (6) months on leave without pay shall be separated from ANAHEIM service. However, leave without pay may be extended at the request of the Fire Chief, and with the concurrence of the Human Resources Director, when there is reasonable sound medical reason to believe that the employee's return to work is likely. 32.1.6 An employee returning to work from leave without pay shall be placed in the same salary step he or she was in prior to such leave. If such leave was in excess of two (2) complete biweekly pay periods, the employee's anniversary date for purposes of merit pay increases shall be changed to conform with the provisions of ARTICLE 9 - APPROPRIATE SALARY STEP provided that the employee returns to a position in the same job class. If the employee returns to a position in a lower job classification, the employee's salary step status shall be determined in accordance with the provisions of ARTICLE 27 - VOLUNTARY DEMOTION. 32.1.7 An employee considered exempt under ARTICLE 38 - FAIR LABOR STANDARDS ACT, 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 33 MILITARY LEAVE 33.1 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 34 SICK LEAVE 34.1 Regular, fulltime employees in the classified service with an average, regular workweek of forty (40) hours shall receive annual sick leave with pay in accordance with the following provisions: 34.1.1 An employee shall accrue paid sick leave at the rate of three (3) hours for each complete biweekly pay period. 34.1.2 Paid sick leave 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 sick leave. 22 34.1.3 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 or her regular basic rate of pay. 34.1.4 An employee shall have one half ( 1 /2) hour deducted from his or her accrued sick leave time for each one half ( hour of sick leave taken. An employee with a regular work day of eight (8) hours shall have eight (8) hours deducted from his or her accrued sack leave time for each regularly scheduled working day that he or she is on paid sick leave. 34.1.5 The minimum amount of sick leave that may be taken at any given time shall be one half ( 1 /2) hour. 34.2 Sick leave that is accrued, but not taken, shall be accumulated.. 34.2.1 An employee shall be paid at his or her 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 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. 34.2.2 ANAHEIM shall pay to an employee upon the employee's termination of employment due to retirement in accordance with ARTICLE 52 — INSURANCE or layoff in accordance with ARTICLE 24 — LAYOFF AND RE- EMPLOYMENT, all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. If an employee dies while employed, ANAHEIM shall pay to his or her beneficiary, as designated by the Public Employee's Retirement System records, the cash equivalent of all hours accumulated up to the maximum of one hundred seventy-five (175) hours that may be carried over from year to year. 34.3 An employee who has completed six (6) months as a regular fulltime 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 or her 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. 34.3.1 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. 34.3.2 Total disability means an employee's complete inability to engage in his or her regular occupation. 34.3.3 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. 23 34.3.4 ANAHEIM shall waive the payment of employee premiums for any ANAHEIM sponsored medical, dental and life insurance benefit plans during any biweekly pay period during which short term disability benefits are paid. 34.4 In the event that any paid holiday occurs during a period when an employee is on paid sick leave, the holiday shall not be charged against the employee's accrued sick leave. The only sick leave hours that shall be charged against an employee's accrued sick leave shall be those hours that the employee is regularly scheduled to work. 34.5 An employee eligible for paid sick leave shall be granted such leave for the following reasons: 34.5.1 Illness of the employee or physical incapacity of the employee due to illness or injury. 34.5.2 Enforced quarantine of the employee in accordance with community health regulations. 34.5.3 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. 34.5.4 Temporary disabilities caused by pregnancy and childbirth. 34.5.5 Illness of the employee's immediate family. 34.6 An employee who cannot perform his or her assigned duties due to illness or physical incapacity shall inform his or her Battalion Chief of the fact and the reason therefore as soon as possible. Failure to do so within a reasonable time may be cause of denial of sick leave with pay. 34.7 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 or her from performing the duties of his or her position. Failure on the part of the employee to comply with such a requirement may be considered for disciplinary action. 34.8 In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the workday, such paid sick leave shall be calculated to the nearest hour. 34.9 An employee who has more than ten (10) years of continuous City service may elect to receive all or a portion of his or her Employee Sick Leave Trust Fund amount. Such payments shall be 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 24 partial payments shall be allowed, with the fourth payment paying the entire remaining balance in the account. 34.9.1 Beginning with tax year 2004 and thereafter, employees may no longer elect to receive a portion of the Sick Leave Trust Fund amount and shall be paid any remaining balance only upon separation from City service. 34.10 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: 34.10.1 All periods of total disability must be due to the same cause or causes; and 34.10.2 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 34.10.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. ARTICLE 35 VACATION 35.1 Regular, fulltime employees in the classified service with an average, regular workweek of forty (40) hours shall receive annual vacation with pay in accordance with the following provisions: 35.1.1 For the first four (4) year of continuous, fulltime 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 two hundred twelve (212) hours. 35.1.2 Upon completion of four (4) years of continuous, fulltime 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 accumulated shall be two hundred sixty (260) hours. 35.1.3 Upon completion of eight (8) years of continuous, fulltime 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 three hundred twelve (312) hours. 25 35.1.4 Upon completion of fourteen (14) years of continuous, fulltime 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 sixty four (364) hours. 35.1.5 Upon completion of nineteen (19) years of continuous, fulltime 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 four hundred sixteen (416) hours. 35.1.6 Upon completion twenty-four years of continuous, full -time service, employees shall accrue paid vacation at the rate of nine (9) hours for each complete biweekly pay period (234 hours or 29.25 working days per year). The maximum amount of vacation that may be accumulated shall be four hundred sixty eight (468) hours. 35.2 Paid vacations shall continue to accrue in accordance with the provisions of ARTICLE 35.1, 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 accordance with the best interests of ANAHEIM and the Fire Department. 35.3 An employee on an approved 4850 leave shall accrue and /or schedule vacation in accordance with the following: 35.3.1 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. 35.3.2 When disability and scheduled vacation occur concurrently, the previously scheduled vacation will be canceled. 35.4 The minimum amount of vacation that may be taken at any given time shall be one half ( /2) hour. 35.4.1 The maximum amount of vacation that may be taken at any given time shall be that amount that has accrued to the employee concerned. 35.4.2 An employee shall be eligible to take any accrued vacation upon completion of six (6) months of fulltime service. 35.4.3 Each employee shall have one half ( /2) hour deducted from his or her accrued vacation time for each one half ( /2) hour of vacation taken. Vacation which is accrued, but not taken, shall be accumulated. 35.5 Upon termination, an employee shall be compensated at the employee's regular hourly rate of pay for any vacation accrued but not taken, provided that the employee has successfully completed six (6) months of fulltime service. 35.6 In the event that a recognized holiday occurs during an employee's vacation, the holiday shall not be charged against the employee's accrued vacation. The only vacation hours that 26 shall be charged against an employee's accrued vacation shall be those hours that the employee is regularly scheduled to work. 35.7 An employee shall be eligible on an annual basis to be compensated at his or her regular hourly rate of pay for up to one (1) week (40 hours) of vacation accrued but not taken, subject to the following provisions: 35.7.1 A minimum of eighty (80) hours of vacation must have been used during the previous payroll year. 35.7.2 An employee's request for annual vacation payoff shall require the approval of the Fire Chief. 35.7.3 Payment shall be made in January of each year. 35.8 In the event an employee's work schedule changes from a forty (40) hour assignment to a fifty -six (56) hour assignment after June 29, 2007, the employee's Paid Leave account shall be credited with one (1) hour of Paid Leave for each complete pay period during which the employee was assigned to the 40 hour assignment; except that there shall be no credit for time in a forty (40) hour assignment prior to June 29, 2007. Paid Leave credited to an employee's account pursuant to this Section shall be in addition to any other Paid Leave entitlement an employee may have under the provisions of Section 36.11 of this Agreement. 35.8.1 It is the intent of the parties that employees promoted out of the unit (e.g. to Battalion Chief) from a 40 hour assignment in a classification listed in Appendix "A" shall receive credit for time worked between June 29, 2007 and their date of promotion as described in Section 35.8 above upon returning to a fifty six (56) hour assignment or as described in Section 35.9 below upon their separation from City service. 35.9 In the event an employee in a classification listed in Appendix "A" who is in a forty (40) hour assignment separates City service for any reason, the employee shall be credited with additional accrued vacation equal to the ratio of 40/56 (.7143) hours for each complete pay period during which the employee was assigned to the 40 hour assignment; except that there shall be no credit for time in the forty (40) hour assignment prior to June 29, 2007. ARTICLE 36 PAID LEAVE PROGRAM 36.1 ANAHEIM and the AFA agree that all regular, fulltime employees with an average, regular workweek of fifty six (56) hours will adhere to the following provisions: 36.1.1 For the first four (4) years of continuous, fulltime service, such employees shall accrue paid leave at the rate of 9.75 hours for each complete biweekly pay period (253.5 hours or 10.5625 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 10.75 hours for each complete biweekly pay period (279.5 hours or 11.6458 shifts per year). 27 36.1.2 Upon completion of four (4) years of continuous, fulltime 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). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 11.5 hours for each complete biweekly pay period (299.0 hours or 12.4583 shifts per year). 36.1.3 Upon completion of eight (8) years of continuous, fulltime 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). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 13.0 hours for each complete biweekly pay period (338.0 hours or 14.0833 shifts per year). 36.1.4 Upon completion of fourteen (14) years of continuous, fulltime 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). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 14.25 hours for each complete biweekly pay period (370.5 hours or 15.4375 shifts per year). 36.1.5 Upon completion of nineteen (19) years of continuous, fulltime service, such employees shall accrue paid leave at the rate of 14.75 hours for each complete biweekly pay period (383.5 hours or 15.9792 shifts per year). Effective June 29, 2007, such employees shall accrue paid leave at the rate of 15.75 hours for each complete biweekly pay period (409.5 hours or 17.0625 shifts per year). 36.2 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 or her regular basic rate of pay. 36.3 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. 36.4 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 grounds for disciplinary action. 36.5 An employee shall have one half ( hour deducted from his or her accrued paid leave time for each one half ( /2) hour of paid leave time taken. 36.6 The minimum amount of paid leave time that may be taken at any time is one half ( 1 /2) hour. 36.7 The maximum amount of paid leave time that may be taken at any time shall be that amount that has accrued to the employee. 36.8 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. 36.9 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. 36.10 Paid leave time which is accrued but not taken shall be paid under the following conditions: 36.10.1 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 shall be reported as unused sick leave for additional service credit in accordance with the contract between ANAHEIM and the Public Employees Retirement System, or, at the option of the employee, paid in cash at the employee's regular hourly rate of pay. 36.10.2 An employee shall be paid at his or her regular hourly rate of pay for all paid leave time hours accrued but not used in excess of three hundred fifty (350) hours (or at the employees option in excess of seven hundred fifty (750) hours) in each calendar year. Payment shall be made in January of each year. 36.10.3 An employee may be paid at his or her regular hourly rate of pay for all or a portion of paid leave time hours accrued but not used in excess of two hundred forty five (245) hours upon submission of a written and signed request to the Finance Department, Payroll Office. Requests submitted during any biweekly pay period shall be paid on the payday for that pay period. A maximum of four such payments shall be allowed each calendar year. When requested, such payments may be diverted to the employee's Deferred Compensation account, within limits established by law. 36.11 In the event an employee's work schedule changes from a forty (40) hour assignment to a fifty-six (56) hour assignment, the paid leave account shall be established as follows: 36.11.1 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. 36.11.2 The employee's paid leave account shall be credited with the hours resulting from this calculation and shall be immediately available for use. 36.12 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: 36.12.1 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. 36.12.2 The employee's account balance for sick leave with pay shall be credited with all hours to a maximum of one hundred seventy five (175) and shall be available for immediate use. 29 36.12.3 The employee's account balance for vacation with pay shall be credited with any hours remaining and shall be immediately available for use. 36.13 Paid leave time shall be used under the provisions of this ARTICLE for absences as the result of a non - occupational 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 or her option, use accrued paid leave time in lieu of the disability benefit described in ARTICLE 36.14 below. 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. 36.14 An employee who is continuously and totally disabled for more than ten (10) regularly scheduled work shifts shall be eligible to receive a disability benefit of net sixty percent (60 %) of his or her 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. 36.14.1 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. 36.14.2 Total disability means an employee's complete inability to engage in his or her regular occupation. 36.14.3 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. 36.15 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: 36.15.1 All periods of total disability must be due to the same cause or causes; and 36.15.2 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 36.15.3 Commencement of the benefit period for the insured LTD plan shall automatically terminate benefits from the ANAHEIM Disability Plan. 36.16 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 52.3. 30 ARTICLE 37 OVERTIME 37.1 Regular, fulltime employees in the classified service who work an average, regular workweek of forty (40) hours who perform authorized work in excess of their normal work period, regular workweek, 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. 37.1.1 Overtime shall be calculated to the nearest one - quarter ( /4) hour of overtime worked, except any overtime of less than one half ( hour duration shall be calculated to the nearest one half ( /2) hour. 37.1.2 All overtime must be authorized by the Battalion Chief. 37.1.3 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 unless such attendance is required by the Fire Chief or the Fire Chiefs designated representative. 37.1.4 Paramedic training required for maintenance of certification or re- certification shall be compensated at one and one half (1 /2) times the employee's regular hourly rate of pay (forty (40) hour rate). 37.2 Regular, fulltime employees in the classified service with an average, regular workweek of fifty six (56) hours who perform authorized work in excess of their normal work period, regular workweek, work day or shift, shall be compensated at the rate of one and one half (1 1 /2) times the employee's regular hourly rate of pay (fifty six (56) hour rate). For the purpose of this Article, special assignment pay shall be included in the regular hourly rate. 37.2.1 Overtime shall be calculated to the nearest one - quarter ( /4) hour of overtime worked, except any overtime of less than one half ( hour duration shall be calculated to the nearest one half ( /2) hour. 37.2.2 All overtime must be authorized by the Battalion Chief. 37.2.3 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 unless such attendance is required by the Fire Chief or the Fire Chiefs designated representative. ARTICLE 38 FAIR LABOR STANDARDS ACT 38.1 ANAHEIM and the AFA agree on implementation of the Fair Labor Standards Act (FLSA) as follows: 38.1.1 Fire Captains, Fire Engineers and Firefighters are nonexempt under FLSA. 38.1.2 All voluntary committee work by Fire Captains will be considered non - compensable. 31 38.2 ANAHEIM agrees not to increase staffing to eliminate overtime for situational staffing, except when a vacancy occurs due to a long -term injury where the treating physician certifies that the employee will be disabled for six months or more or within ninety (90) days of an employee's written confirmation of a date of retirement. 38.3 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 39 BILINGUAL PAY 39.1 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 or her position will be compensated at the rate of five percent (5 %) of his or her regular biweekly rate of pay per pay period in addition to his or her regular basic rate of pay. 39.1.1 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. 39.1.2 Employees currently receiving bilingual pay may be required to take a test of competency to re- certify eligibility for Bilingual Pay every three years. ARTICLE 40 CALL OUT 40.1 Call out compensation shall be in accordance with the following provisions: 40.1.1 All emergency call out time shall be calculated to the nearest one quarter ( /4) hour of time worked. 40.1.2 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. 40.1.3 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. 40.1.4 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 the regular scheduled shift. Pay for such emergency work will be at the rate of one and one half (1 /2) times their regular hourly rate of pay. 32 40.2 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. 40.3 An employee subpoenaed to appear during off duty hours for court matters within the scope of his or her 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. 40.4 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 41 SHIFT DIFFERENTIALS 41.1 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. 41.1.1 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. 41.1.2 A premium of five percent (5.0 %) of the employee's regular hourly rate of pay shall be paid for each hour worked between 3:00 A.M. and 6:00 A.M. 41.1.3 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. 41.1.4 When an employee is required to work continuously without a break beyond the end of his or her night shift, the overtime rate shall be applied to the applicable shift premium. 41.2 Shift premium shall be payable only for hours actually worked and shall not be paid for non -work time, such as vacations, holidays, sick leave, etc. ARTICLE 42 STAFFING 42.1 ANAHEIM and the AFA agree that each Fire Company shall be assigned regular fulltime personnel consisting of three (3) Captains, three (3) Engineers, and six (6) Firefighters (i.e. fifteen (15) units would include forty five (45) Captains, forty five (45) Engineers and ninety (90) Firefighters). 42.2 ANAHEIM and the AFA agree that this Article shall remain in effect through the 30"' day of June, 2009. 33 ARTICLE 43 SITUATIONAL STAFFING 43.1 Employees in the following job classifications who are assigned to perform overtime work in accordance with the situational staffing concept shall be compensated for such overtime work at the rate of one and one half (1 /2) times their regular hourly rate of pay (fifty six (56) hour rate). For the purpose of this Article only, special assignment pay shall be included in the regular hourly rate. Fire Captain II Fire Engineer I Firefighter I Fire Captain III Fire Engineer II Firefighter II Fire Captain IV Fire Engineer III Firefighter III Fire Engineer IV Firefighter IV 43.2 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 staffing 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 staffing; or if total suppression strength drops below (one hundred seventy one) 171 employees; the AFA shall have the right to reopen the mandatory situational staffing issue. ARTICLE 44 HAZARDOUS MATERIALS PROGRAM 44.1 Regular, fulltime employees in the classified service shall be eligible to participate in the Hazardous Materials Program in accordance with the following provisions: 44.1.1 The Fire Department shall determine the standards and procedures for selection of employees assigned to the Hazardous Materials Program. 44.1.2 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 11 — SALARY RELATIONSHIPS. 44.1.3 The effective date of Hazardous Materials Assignment Pay shall be the first day of the pay period following beginning of the assignment. 44.1.4 Employees selected for the Hazardous Materials Program shall agree to a three (3) year minimum assignment to the Program. 44.1.5 Employees assigned must successfully complete training to the level of Hazardous Materials Technician I. 34 44.1.6 Employees assigned must agree to successfully complete any additional training as directed by the Fire Department. 44.1.7 The number of employees assigned to the Program shall be determined by the Fire Chief. 44.1.8 The assignment of duties of all employees in the Hazardous Materials Program shall be directed by the Fire Chief. 44.1.9 Each employee assigned to the Hazardous Materials Program shall be eligible for a Haz -Mat baseline and medical surveillance examination upon entry into the program, annually while assigned to the program and upon exit from the program. 44.1.10 Said examinations shall be by a physician recognized as a toxicologist knowledgeable in fire service illness and injury. 44.1.11 Employees shall sign a disclosure form permitting the examining physician to notify the Fire Chief or his or her designated representative that the employee is "Fit" or "Unfit" for duty. 44.1.12 Employees exposed directly or indirectly to hazardous material may be tested with the needed toxicological examinations and shall receive medical treatment as required. 44.2 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 45 ST ANDBY 45.1 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 or her regular hourly rate of pay for each calendar day of such standby duty. ARTICLE 46 TRAVEL AND MILEAGE EXPENSE 46.1 ANAHEIM'S mileage reimbursement rate will be the standard mileage rate established by the Internal Revenue Service. 46.2 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. 35 46.3 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 subtracted from total miles traveled and the net mileage reported for reimbursement. ARTICLE 47 TOBACCO PRODUCTS 47.1 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 48 COMMUNICABLE DISEASES 48.1 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. 48.2 ANAHEIM agrees to make available to all employees in Appendix "A ", any preventative vaccines approved by the Fire Chief. ARTICLE 49 UNIFORMS AND LAUNDRY 49.1 ANAHEIM shall provide new employees two (2) new NOMEX II uniform sets, one (1) regulation uniform jacket with cloth badge and one (1) regulation uniform belt, leather boots, and other required articles. 49.2 Effective January 1, 2008, ANAHEIM shall provide annually, to every employee working in a classification listed in Appendix "A ", two (2) new NOME( II uniform sets with uniform patch and embroidered name tag, and if needed, one (1) pair of leather boots. ANAHEIM shall also provide, once every five (5) years or when damaged and replacement is warranted, one (1) regulation uniform jacket with cloth badge, uniform patch, and embroidered name tag. 49.3 Effective January, 2007, ANAHEIM agrees to pay every employee working in a classification listed in Appendix "A" $500 per year as compensation for the purchase, maintenance and laundry of approved work shirts, pants, tee - shirts, sport shoes, sheets and pillow cases. 36 49.4 As soon as practical after execution of this Agreement, ANAHEIM shall provide one (1) class "B" uniform to every employee working in a classification listed in Appendix "A ". On or about July 1, 2006 ANAHEIM shall provide two (2) new NOME( II uniform sets with uniform patch and embroidered name tag to every employee working in a classification listed in Appendix "A ", and, if needed, one (1) regulation uniform jacket with cloth badge, uniform patch and embroidered name tag. ARTICLE 50 CONSECUTIVE SHIFT RULE 50.1 ANAHEIM and the AFA agree that no employee will be assigned to work in excess of three consecutive work shifts (seventy -two hours). Both parties agree that employees may be required to continue work or return to work in excess of three consecutive work shifts (seventy -two hours) during any emergency situation. 50.2 ANAHEIM and the AFA agree that an employee will not be permitted to work in excess of three consecutive work shifts (seventy -two hours) without prior approval. Approval of such request will require a determination by a Fire Captain and concurrence from his or her Battalion Chief that the employee is sufficiently rested and alert to safely perform his or her job duties and responsibilities. ARTICLE 51 GRIEVANCE PROCEDURE 51.1 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. 51.1.1 ARTICLE 23.5 provides for an accelerated procedure under the provisions of this ARTICLE when an employee is dismissed. 51.2 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. 51.3 Employees shall have the right to be represented in grievance matters in the following manner: 51.3.1 Employees shall have the right to represent themselves individually in grievance matters. 51.3.2 Employees may designate a representative to represent them in grievance matters. 37 51.3.3 No supervisor shall be represented in grievance matters by an employee whom he or she supervises. 51.4 51.5 51.3.4 No employee shall be represented in grievance matters by a supervisor for whom he or she works. All expenses of any arbitration shall be borne equally by ANAHEIM and the AFA. Employee grievances shall be handled in the following manner: 51.5.1 First Step. An attempt shall be made to adjust all grievances on an informal basis between the employee and /or his or her designated representative and a supervisor in the employee's chain of command, up to and including his or her or her Battalion Chief, within fifteen (15) calendar days after the occurrence of the incident causing the grievance. The Battalion Chief shall deliver his or her answer within fifteen (15) calendar days after submission of the grievance to him or her. 51.5.1.1 Grievances resulting from the actions of a department other than an employees work unit shall be heard by an appropriate administrative manager from that department. 51.5.2 Second Step. If the grievance is not satisfactorily adjusted in the First Step, it shall be submitted in writing to the Fire Chief within fifteen (15) calendar days after the Battalion Chiefs answer is received by the employee and /or his or her designated representative. The Fire Chief shall meet with the employee and /or his or her designated representative within fifteen (15) calendar days after submission of the grievance to him or her. The Fire Chief shall review the grievance and may affirm, reverse, or modify as deemed appropriate, the disposition made at the First Step and shall deliver the second step answer to the employee and /or his or her designated representative within fifteen (15) calendar days after said meeting. 51.5.2.1 Grievances resulting from the actions of a department other than an employee's work unit shall be heard by an appropriate Administrative or Executive Manager from that department. 51.5.3 Third Step. If the grievance is not satisfactorily adjusted in the Second Step it may be submitted in writing to Arbitration. 51.5.3.1 The parties (ANAHEIM and AFA) may mutually agree to submit a grievance to non - binding mediation, prior to submission to arbitration. This language is not intended to impede or delay the arbitration process. 51.5.4 In order to request arbitration, the grievant and /or his or her 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. 51.6 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. 51.7 The arbitrator will be requested by the parties to render his or her 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. 51.8 Any grievance not presented and /or carried forward by the employee and /or his or her designated representative within the time limits specified in ARTICLES 51.5.1, 51.5.2 and 51.5.4 shall be deemed null and void, provided, however, the employee and /or his or her designated representative and the ANAHEIM representative may agree to continue said time limits. 51.9 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. 51.10 In the case of salary step reduction, 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 52 INSURANCE 52.1 Health Plans 52.1.1 ANAHEIM agrees to offer the prepaid and /or insurance health plans recommended by the Joint Committee on Medical Programs and approved by the City Council. Health Maintenance Organization (HMO) benefit schedules shall be standardized to the extent possible, and shall require a $10 co-payment for outpatient and physician services until January 1, 2007, at which time the co- payment shall be increased to $15. 52.1.2 ANAHEIM shall contribute towards the monthly cost of health coverage for employees and eligible dependents to the various medical plans as follows: Approved HMO Plans not to exceed 100% of the monthly rate All Other Health Plans not to exceed 130% of the Kaiser monthly rate 52.1.3 Effective 2003, ANAHEIM shall increase its contribution to the premiums for the various health plans each January. This contribution shall be based on the Consumer Price Index, All Items — Urban Wage Earners and Clerical Employees (CPI -W), for the area identified as Los Angeles — Riverside — Orange County. The increase in ANAHEIM's contribution shall be equal to the percent change for the year ending May of the prior calendar year plus seventy-five percent (75 %) 39 of any amount above the CPI —W. (For example, the City's increase in contribution for calendar year 2003 shall equal the percent change in the CPI - W for the year ending May 2002, plus 75% of the amount of the health premium increase that exceeds the percent change in the CPI -W for the year ending May 2002). 52.1.3.1 Employees who are covered by other health plans may present proof of such coverage in order to receive $125 per month in lieu of health benefits provided herein. This shall apply to the dependent spouse of married Anaheim Employee Couples. In the event an employee who has elected this option loses health coverage for any reason, and notifies ANAHEIM of such loss within five (5) working days, he /she may enroll immediately in any plan offered by ANAHEIM. Employees may re -elect the 'opt- out" option annually during open enrollment, or may enroll in a City sponsored health plan. 52.1.4 Married City employee couples shall have the option to elect the "opt-out" for the dependent spouse as described in Section 52.1.3.1 or to direct the City to increase its normal contribution towards health coverage by an amount up to the City's contribution towards single -party coverage. 52.1.5 Proof of marriage will be required of all employees enrolled in any City Medical plan to enroll a dependent spouse. Effective July 1, 2005, ANAHEIM shall provide health coverage to couples who have filed a Declaration of Domestic Partnership with the California Secretary of State ("Registered Domestic Partners'l. 52.1.6 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. 52.1.7 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. 52.1.8 Effective January 1, 2006, the PharmaCare prescription co- payment shall change to $10/$25/$30 ($10 co- payment for generic formulary, $25 co- payment for non - generic formulary, and $30 for non - formulary). 52.2 Life Insurance 52.2.1 In the event that eligible survivors of an employee who died as the direct and proximate result of personal injury sustained in the line of duty elects to continue health benefit coverage under COBRA, ANAHEIM shall continue to pay for any hospitalization and major medical insurance previously paid for by ANAHEIM for a maximum of thirty-six (36) complete months or until survivors are eligible for health benefit coverage by another employer, whichever occurs first. 52.2.2 ANAHEIM agrees to provide $50,000 of Basic group term life insurance during the term of this Memorandum. 40 52.2.2.1 ANAHEIM agrees to provide supplemental term life insurance of up to $450,000 in increments of $50,000. One hundred per cent (100 %) of the cost of the supplemental term life insurance shall be paid by the employee. 52.2.3 Dependent coverage with an insurance volume of $10,000 per dependent may be added to the life insurance coverage at the option of the employee. 52.2.4 ANAHEIM shall contribute one half ( of the cost of the premium for the group term life insurance and dependent coverage. The employee shall contribute the difference between the ANAHEIM contribution and the total premium cost. 52.2.4.1 AFA and ANAHEIM agree that effective July 1, 2002 the employee's contribution for the premium for the group term life insurance for the employee shall be paid from the Life Insurance Rebate account. ANAHEIM shall continue to contribute one -half the cost of the premium for the dependent coverage and the employee shall continue to contribute the difference between the ANAHEIM contribution and the total premium cost for dependent coverage. 52.2.4.2 AFA and ANAHEIM agree that payment of employee's contribution for the premium for group term life insurance from the Life Insurance Rebate account shall continue through June 30, 2006, or until the account is depleted, whichever occurs first. 52.2.5 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. 52.2.6 ANAHEIM shall pay a $10,000 death benefit in addition to other life insurance and death benefits to the eligible survivors of an employee who died as a result of the direct and proximate personal injury sustained in the line of duty. 52.2.7 Permanent and Total Disability Life Insurance Benefit 52.2.7.1 Employees eligible to retire: Such employee who is permanently and totally disabled shall receive the following Life Insurance benefit: 52.2.7.1.1 $100.00 paid up life insurance for each year of service as provided under the Retired Life Insurance Program. 52.2.7.1.2 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). 52.2.7.1.3 The permanently and totally disabled employee will pay no premium during the term of this benefit. 41 52.2.7.1.4 Employees not eligible to retire: Such employee shall receive the following Life Insurance benefit: 52.2.7.1.5 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). 52.2.7.1.6 The permanently and totally disabled employee shall pay no premium during the term of this benefit. 52.2.8 This language expresses the intent of the parties. The precise language will be prepared by insurance attorneys. 52.3 Long Term Disability Benefits 52.3.1 ANAHEIM agrees to pay the cost of the long term disability insurance premiums during the term of this Memorandum. 52.3.2 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. 52.3.3 ANAHEIM shall only provide long term disability for non - occupational disabling conditions. 52.4 Dental Plans 52.4.1 ANAHEIM agrees to continue sponsorship of the fee for service dental plan. 52.4.2 ANAHEIM agrees to continue sponsorship of prepaid dental plans. 52.4.3 ANAHEIM shall during the term of this Memorandum pay an amount equal to 100% of the current monthly Safeguard rate. In the event the Safeguard Dental Plan is canceled during the term of this agreement, ANAHEIM shall during the remaining term of this agreement pay the rate in effect at the time of cancellation. 52.5 Short Term Disability 52.5.1 ANAHEIM agrees to continue sponsorship of the employee paid short term disability insurance coverage for presently enrolled employees during the term of this Memorandum. 52.5.2 ANAHEIM agrees to provide the existing Short Term Disability plan. ANAHEIM agrees to pay ANAHEIM'S portion of medical, dental, life, and optical insurance during absence due to illness or injury up to six months. 52.6 Pensions 52.6.1 ANAHEIM agrees that amendments to its' contract and the basic PERS contract shall also become a part of this Memorandum by reference. 42 52.6.2 Except as provided in Section 52.6.4 below, ANAHEIM shall contribute the cost of designated employee retirement benefits in accordance with the provisions of the contract between ANAHEIM and the Public Employees' Retirement System which provides for the calculation of retirement allowances pursuant to the "3% at age 50" formula set forth in California Government Code §21362.2. 52.6.3 ANAHEIM shall continue to implement the provisions of Section 414(h)(2) of the Internal Revenue Code to establish an "employer pickup" program for the purpose of providing favorable tax treatment for statutorily required employee retirement contributions to PERS. 52.6.3.1 Each employee shall pay to PERS the statutorily required 9% employee retirement contribution equal to nine percent (9 %) of the employee's compensation eamable. Pursuant to section 414(h)(2) of the Internal Revenue Code, those employee payments shall be "picked up" by ANAHEIM and, thus, regarded as employer contributions. This remuneration paid out of funds controlled by ANAHEIM for services performed during normal working hours, including time during which the employee is excused because of a Paid Leave of absence, shall be regarded as part of the normal monthly rate of pay or base pay of the employee, and therefore, his or her "pay rate" within the meaning of Sections §20636 of the California Government Code, as amended effective July 1, 1994. As such, this additional base salary shall be reported to PERS as "compensation earnable," and shall be treated as base salary, or wages, for all purposes, including, but not limited to, calculating overtime compensation, bonuses and assignment pay. In addition, the salary increase shall be regarded as deferred income, not ordinary income, for federal and state income tax purposes, both withholding and reporting. 52.6.3.2 This "employer pickup" program shall apply uniformly to all employees covered by this agreement and no individual shall have any option to deviate from this arrangement. 52.6.3.3 ANAHEIM and AFA agree that ANAHEIM has exercised reasonable diligence in researching and implementing the employer pickup program. ANAHEIM shall not be held responsible for any changes in state or federal tax law, any public or private rulings, or any interpretations of existing law or regulation that may affect the tax treatment of pension contributions authorized under this agreement. 52.6.4 ANAHEIM and AFA agree that any increase in the employer contribution rate paid by the employer during fiscal year 2000/2001 (12.643% of "compensation earnable'l shall be shared equally between ANAHEIM and the employee. However, effective the first day of the pay period that includes July 1, 2007, the amount of increased contribution paid by the employee pursuant to this Section shall not exceed 2.5% (i.e. 1 /2 of 5 %) of the employee's "compensation earnable ". 43 Beginning with fiscal year 2007/08, employee contributions required under the provisions of this Section shall also be reduced by the amount of any reduction in the employer PERS rate from the prior fiscal year. For example, if the fiscal year 2007/08 PERS employer rate is 0.10% less than the fiscal year 2006/07 PERS employer rate, the employee contribution for fiscal year 2007/08 shall be 2.4 %. Any such reductions shall be permanent. ANAHEIM and AFA agree that this obligation of the employee to share in the employer contribution rate, as described above, shall terminate the first day of the pay period following the expiration of this Memorandum of Understanding on June 30, 2009. 52.6.5 The contract between PERS and ANAHEIM as it applies to employees in classifications listed in Appendix "A" shall become a part of this Memorandum by reference. 52.7 Deferred Compensation 52.7.1 ANAHEIM and AFA agree that employees in classifications represented by the AFA may participate in deferred compensation programs offered by ANAHEIM. ARTICLE 53 POST RETIREMENT MEDICAL BENEFITS 53.1 ANAHEIM and AFA agree that employees hired on or after November 9, 2001, shall not be eligible for any post-retirement medical benefits under this ARTICLE. ANAHEIM and AFA agree that employees hired on or after November 9, 2001, shall be provided a defined contribution POST Retirement Medical benefit with the following provisions: 53.1.1 Use of an Integral Part Trust for reimbursement of qualified medical expenses. Qualified medical expenses are those authorized under the provisions of Internal Revenue Code Section 213, excepting only those expenses ANAHEIM and the AFA may mutually agree to exclude. 53.1.2 ANAHEIM will contribute a one -time lump sum of three thousand dollars ($3,000) to the individual employee's Retirement Health Savings Account (RHSA) at the time the employee is hired into a classification represented by the AFA. This contribution shall vest to the employee upon completion of five (5) years of continuous City service, except that this contribution shall immediately vest to the benefit of any employee who separates City service as the result of being granted an industrial disability retirement from the Public Employees Retirement System. 53.13A Mandatory employee pre -tax contribution equivalent to 3% of the top step Firefighter IV base earnings will be deposited to the individual employee's Retirement Savings Account on a biweekly basis. 53.1.4 Except as modified above, the provisions of the Letter of Understanding between the parties dated July 22, 2002 and attached hereto as Appendix "C -2" remain in full force and effect. 44 The following provisions (653.2 through and including 653.7) apply only to t hose employees hired prior to November 9. 2001. 53.2 Regular, fulltime employees in the classified service in classifications listed in Appendix "A ", who are enrolled as a subscriber in an ANAHEIM sponsored health plan at the time of separation from ANAHEIM service shall be eligible to participate in any ANAHEIM sponsored health (medical benefits only) plan as a retiree. As of January 1, 1995, regular fulltime employees in the classified service in classifications listed in Appendix "A," who are enrolled as a subscriber in an ANAHEIM - sponsored dental plan at the time of separation from ANAHEIM service and all retirees who were actively employed on or after January 1, 1988, who are enrolled as a subscriber in any ANAHEIM sponsored health plans shall also be eligible to participate in any ANAHEIM- sponsored dental plan as a retiree. 53.2.1 Employees who retired prior to January 1, 1988, who were eligible for post retirement health benefits at the time of their separation from ANAHEIM service and who maintain continuous membership in good standing shall pay monthly premiums in accordance with the following schedule: Single coverage 15.00 monthly Two -party coverage 15.00 monthly Family coverage 45.00 monthly 53.2.2 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 53.3 Employees who were hired prior to January 1, 1984, and who retire on or after January 1, 1988, and prior to January 1, 1994, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored medical and /or dental plan. 53.3.1 The employee must have completed at least five (5) years of continuous, fulltime ANAHEIM service on the date of retirement, and 53.3.2 The employee must have been awarded a retirement from the Public Employees' Retirement System ( "PERS ") as the reason for separation from ANAHEIM service, and 53.3.3 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service. 53.3.4 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored medical plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Employee Medical Plan Option I in the year prior to the employee's retirement. 53.3.5 ANAHEIM shall contribute towards the premium costs of any ANAHEIM sponsored dental plan elected by the employee up to the amount contributed by ANAHEIM towards the cost of the Safeguard Dental Plan in the year prior to the employee's retirement. 45 53.3.6 The surviving spouse of the retiree may continue coverage under the same terms and conditions. 53.4 Employees who retire on or after January 1, 1988, and who meet the requirements described below shall be eligible to participate in any ANAHEIM sponsored health plan. 53.4.1 The employees must have completed at least ten (10) years of continuous, fulltime ANAHEIM service on the date of retirement, and 53.4.2 The employee must have been awarded a retirement from PERS as the reason for separation from ANAHEIM service, and 53.4.3 PERS retirement benefits must commence no later than the first day of the month following the date of separation from ANAHEIM service, OR 53.4.4 The employee must have been awarded a disability retirement (Ordinary or Industrial) from PERS as the reason for separation from ANAHEIM service. 53.4.5 ANAHEIM shall provide separate contributions towards the premium costs of the ANAHEIM sponsored medical and /or dental plans elected by the employee according to the following schedule: 53.4.5.1 For Service Retirements, the contributions shall be a percentage of the annual contributions made by ANAHEIM on behalf of active employees, the percentage equal to 1.2 times the "2% at age 50" Safety PERS retirement schedule, to a maximum contribution of 95% based on the employee's age and consecutive years of Anaheim service at the time of retirement. ANAHEIM service shall be calculated to the nearest complete one quarter year. 53.4.5.1.1 An employee who retires may also use the seventy five percent (75 %) portion of sick leave hours transferred to an employee's Sick Leave Trust Fund Account on December 19, 1980 to calculate additional ANAHEIM service credit. Such sick leave hours shall be converted to additional service credit in accordance with the service credit conversion formula used by the Public Employees Retirement System at date of retirement. The additional service credit shall be added to ANAHEIM service and then calculated to the nearest complete one - quarter year. Additional ANAHEIM service credit received under this provision shall increase the contribution made by ANAHEIM up to a maximum of five percent (5 %) above the benefit provided under Article 53.4.5.1 to a maximum combined total contribution of 95 %. 53.4.5.2 For Disability Retirements, the contribution shall be a percentage of the annual contributions made by ANAHEIM on behalf of active employees, the percentage equal to 2% for each year of service to a 46 maximum contribution of 95% based on the employee's consecutive years of Anaheim service at the time of retirement. ANAHEIM service shall be calculated to the nearest complete one - quarter year. 53.4.5.3 In the event an employee is eligible for both a Service and a Disability Retirement benefit under this Article, the employee shall receive the Service Retirement benefit. 53.4.6 The ANAHEIM contribution shall be based on the Two Party or Family rate only for those employees who properly enroll a dependent spouse and /or other family members prior to retirement, and shall continue only as long as the retiree maintains coverage for such dependents in ANAHEIM sponsored health plans. Nothing in this Article shall prevent a retiree from properly enrolling new dependents at the retiree's cost. 53.4.7 Employees who retire on or after June 1, 2006 shall be required to enroll in Medicare Parts A and B upon establishing eligibility as a condition of continued health plan coverage. 53.4.8 The full value of any Medicare credits provided to ANAHEIM or Medicare surcharges imposed on ANAHEIM by virtue of a retiree's participation or nonparticipation in Medicare shall be passed on to the retiree in the form of reduced or increased premium costs. 53.4.9 The surviving spouse of the retiree may continue coverage under the same terms and conditions provided that the surviving spouse was properly enrolled at the time of the employee's retirement and that dependent coverage was continuously maintained during the employee's retirement. 53.5 The following conditions shall apply to all retirees who have post retirement medical benefit coverage under Sections 53.2 et. seq. of this Article: 53.5.1 Once canceled for any reason, coverage shall not be reinstated. 53.5.2 ANAHEIM agrees to notify the AFA when coverage may be canceled for nonpayment of fees. Coverage shall be canceled for nonpayment of fees after three months in arrears. 53.5.3 There shall be Coordination of Benefits where other insurance exists. 53.5.4 Retirees may change plans and add dependents only during the annual open enrollment period, except that the surviving spouse of a retiree may not enroll a new spouse. 53.5.5 Vision care benefits shall be provided to all retired firefighters. 53.6 As used in this Article, "spouse" is understood to include a registered domestic partner when a Declaration of Domestic Partnership has been filed with California Secretary of State. 47 53.7 An employee who has completed twenty (20) consecutive years of service with ANAHEIM as a certified Firefighter and who has prior service as a certified Firefighter with another California Fire agency shall receive up to three (3) years of additional service credit for the purpose of calculating ANAHEIM's contribution towards post- retirement medical benefits. Employees who have completed five or more years of continuous fulltime ANAHEIM service and who terminate employment with ANAHEIM and are subsequently reinstated within three years of their date of separation shall be credited with prior service for the purpose of calculating continuous fulltime ANAHEIM service upon completion of all of the vesting requirements in ARTICLE 53.4. ARTICLE 54 JOINT COMMITTEE ON MEDICAL PROGRAMS 54.1 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 ANAHEIM 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. 54.2 Serving on the committee with Human Resources Department staff and operating department management staff will be two members from the Anaheim Firefighters Association. 54.3 This committee will meet as often as is necessary during the term 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 containment provisions. The report shall be forwarded to the City Manager for review. 54.4 Because of the complexity of the problem and the diverse interests of the respective 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 55 PHYSICAL EXAMINATIONS 55.1 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. 55.2 In order to be eligible for promotion or transfer to a job classification in a category requiring greater physical qualification than his or her present job classification, an employee shall pass the appropriate physical examination. M 55.3 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. 55.3.1 An employee who fails to pass a physical examination required under the provisions of ARTICLE 55.3 may be transferred or demoted to a position requiring lesser physical qualifications, recommended for disability retirement, or terminated. 55.4 All physical examinations required under the provisions of this Article shall be performed by a physician in active practice licensed by California State Law and within the scope of his or her practice as defined by California State Law. 55.4.1 Exceptions to the provisions of ARTICLE 55.4 may be made only in the case of out - of- state candidates for employment. In such cases, the physician performing the examination may be a physician licensed by the state in which the candidate resides. 55.5 ANAHEIM shall pay for any physical examination required under the provisions of this Article. ARTICLE 56 EXPOSURE RECORD PROGRAM 56.1 ANAHEIM agrees to maintain an in -house Exposure Record Program. ARTICLE 57 FITNESS, ANNUAL MEDICAL SUBSTANCE AWARENESS 57.1 ANAHEIM and the AFA agree that a mandatory health and wellness program shall be maintained for the term of this Memorandum. Each person represented by the AFA shall be given an annual fitness and medical evaluation. ANAHEIM shall pay for the evaluation. 57.1.1 Employees shall sign a disclosure form permitting the examining physician to notify the Fire Chief or his or her designated representative that the employee is "Fit" or "Unfit" for duty. 57.2 A Health and Wellness Committee shall be established in the Fire Department. Three members of this committee shall be appointed by the AFA. The Fire Chief shall appoint his or her representatives. The purpose of this Committee shall be to research, evaluate and recommend health and wellness training programs, rehabilitation programs and equipment purchases to the Fire Chief. 57.3 After consultation with this Committee, the Fire Chief shall determine the evaluation process and the minimum performance standards. Employee participation in health and wellness training and rehabilitation programs is a condition of satisfactory work performance. 49 Employees who fail to meet the minimum standards shall be required to participate in a rehabilitation program and correct deficiencies. The Fire Chief may reassign employees during rehabilitation. 57.4 ANAHEIM and AFA agree that, at the option of the employee and no more often than every other year, an employee may elect a full body scan in lieu of the annual fitness and medical evaluation provided for in Section 57.1 subject to the following conditions: 57.4.1 All positive outcomes must be evaluated by the employee's personal physician to eliminate a "false positive" before an industrial claim can be submitted to ANAHEIM. 57.4.2 The Health and Wellness Committee shall evaluate the effectiveness of the full body scan, and shall notify the Fire Chief on or before April 15, 2011, of its recommendation to cancel or continue the program beyond July 1, 2011. ARTICLE 58 PERMANENT LIGHT DUTY PROGRAM 58.1 ANAHEIM and the AFA agree that the mandatory Permanent Light Duty Program shall be administered in accordance with the following conditions: 58.1.1 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 or her classification. ANAHEIM may, after conferring with the employee, select an appropriate available Permanent Light Duty Program assignment. 58.1.1.1 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. 58.1.1.2 The employee will retain his or her current rank or classification regardless of Permanent Light Duty Program assignment. 58.1.1.3 Any employee participating in the Permanent Light Duty Program may, at any time, request to be considered for reassignment to another Permanent Light Duty Program assignment. 58.1.1.4 Participation in the Permanent Light Duty Program will be considered return to usual and customary occupation for purposes of vocational rehabilitation. 50 58.2 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. Effective May 11, 2001, 40 hour Permanent Light Duty employees shall receive a seven percent (7 %) salary differential. 58.2.1 Employees at different rates of pay may be placed in similar Permanent Light Duty Program assignments. 58.2.2 The hours worked by employees assigned to the Permanent Light Duty Program will be in accordance with the provisions of ARTICLE 12- HOURS OF WORK AND PAY DAY. 58.3 The following may be available as Permanent Light Duty Program assignments, and may be modified to accommodate medical work restrictions: Administrative Aide Administrative Captain Assistant Fire /Arson Investigator Assistant Training Officer Battalion Adjutant Fire Safety Inspector Services Aide Services Officer Small Tool Repair Person Training Assistant Battalion Chief Aide (56 hr) 58.3.1 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, assistant training officer, or battalion adjutant. 58.4 Assignment to the Permanent Light Duty Program will continue unless the following occurs: 58.4.1 ANAHEIM can no longer accommodate the employee's medical work restrictions and the employee receives a disability retirement. 58.4.2 The employee is medically released to full range of duties on a fulltime basis. 58.4.3 The employee is promoted to a higher classification in a regular position that the employee is medically qualified to perform. 58.4.4 ANAHEIM approves an employee generated disability retirement and retires the employee. 58.4.5 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. 58.5 Promotional opportunities will occur via the normal promotional process. 58.5.1 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 particioant in the Permanent Liaht Dutv Proaram is ranked 51 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: Administrative Captain Battalion Adjutant Assistant Training Officer Services Officer 58.6 ANAHEIM agrees to fill up to twelve (12) Permanent Light Duty Program assignments. 58.6.1 All Permanent Light Duty Program assignments shall be filled in the order of importance as identified by the Fire Chief. 58.6.2 Reassignment 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 Fire Chief. 58.7 If an employee's permanent work restrictions are such that they would be better suited to a position not identified in this ARTICLE, ANAHEIM and the AFA agree to meet and confer. 58.8 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. 58.9 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. 58.10 This ARTICLE applies only to those employees in a safety classification as designated by PERS and represented by the AFA. 58.11 ANAHEIM will, after discussion with the AFA, revise AR 2.67 to accommodate the terms and conditions of this ARTICLE. 58.12 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: 58.12.1 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 appointment or periods of temporary disability from work due to the medical condition for which the employee was assigned to the Permanent Light Duty Program for which Labor Code 4850 benefits have been previously paid. 52 58.12.2 Labor Code 4850 Benefits must be exhausted prior to the utilization of Permanent Light Duty Program Extended Benefits. 58.12.3 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 34.3.1— SICK LEAVE. 58.12.4 An employee shall have one (1) hour deducted from his or her 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. 58.12.5 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 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. 58.13 Disputes arising out of this ARTICLE are subject to the Grievance Procedure. ARTICLE 59 SAFETY COMMITTEE 59.1 ANAHEIM and the AFA agree that a Safety Committee shall be established in the Fire Department. ANAHEIM and the AFA agree that one half ( /2) of the membership of the Safety Committee shall be employees elected by non - supervisory employees. The Safety Committee shall be composed of employees in classifications established by the Fire Chief. ARTICLE 60 FITNESS FOR DUTY 60.1 Employees are individually responsible and accountable for their personal fitness for duty and shall not report to duty while "unfit" for any reason to safely perform assigned duties. Each manager or supervisor of ANAHEIM is responsible and accountable for day -to-day assessment of each subordinate's fitness for duty. 60.2 When, in the judgment of a manager or supervisor, an employee is "unfit" to safely perform assigned duties as evidenced by a serious and significant deviation from the employee's normal fitness, the manager or supervisor shall remove the unfit employee from the workplace in accordance with regulations established by ANAHEIM. 53 60.3 Employees may be judged unfit for duty due to (1) illness or injury (mental, emotional, or physical) or use of prescription drugs, alcohol, or other substances, (2) employee assertion that they are "unfit" to safely perform assigned duties due to a serious and significant deviation from their normal fitness for duty, or (3) employee, or third party notification to ANAHEIM of any current illness, injury, or condition which may pose a danger to the employee, co- workers, or the public. 60.4 ANAHEIM may, at the discretion of the Fire Chief, require any employee judged unfit for duty in accordance with ARTICLE 60.2 above to undergo a fitness for duty assessment performed by a licensed physician, or licensed psychiatrist or psychologist. 60.5 Any employee judged unfit for duty in accordance with ARTICLE 60.2 above will be required to seek treatment, comply with all recommended treatment and recovery plans, and keep ANAHEIM informed of the prognosis and date of expected return to work. Failure to comply with the provisions of this section may subject an employee to discipline, up to and including termination. ARTICLE 61 FITNESS FOR DUTY ASSESSMENTS 61.1 An employee who is judged by a manager or supervisor to be "unfit" to safely perform assigned duties in accordance with ARTICLE 60 — FITNESS FOR DUTY may be required, at the discretion of the Fire Chief, to undergo a fitness for duty assessment. 61.2 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 Anaheim City Manager under the following circumstances: 61.2.1 Employees judged by a manager or supervisor to be "unfit' in accordance with ARTICLE 60.3 and required to undergo a fitness for duty assessment shall be eligible to receive Administrative Leave With Pay for all hours regularly scheduled to work from the day an employee is judged unfit to the day a fitness for duty assessment is received by the Fire Department. 61.2.2 Employees judged "Unfit' for duty as the result of a physical examination or annual fitness and medical evaluation conducted in accordance with ARTICLE 57.1 — FITNESS, ANNUAL MEDICAL, SUBSTANCE AWARENESS shall not be eligible for Administrative Leave With Pay and shall be subject to the provisions of ARTICLE 57.3 — FITNESS, ANNUAL MEDICAL, SUBSTANCE AWARENESS. 61.3 An employee found to be unfit for duty as a result of a fitness for duty assessment shall be deemed eligible for Paid Leave or Sick Leave, and Short Term Disability Benefits in accordance with ARTICLE 34.3 — SICK LEAVE for forty -hour employees and in accordance with ARTICLE 36.14 — PAID LEAVE for 56 -hour employees. An employee shall be required to seek treatment, comply with all recommended treatment and recovery plans, and keep ANAHEIM informed of the prognosis and date of expected 54 return to work. Failure to comply with the provisions of this section may subject an employee to denial of benefits and /or discipline up to and including termination. 61.4 At the discretion of the Fire Chief, an employee may be required to undergo a return to work fitness for duty assessment and /or agree to continuing treatment and follow -up in order to be eligible to return to work. ARTICLE 62 DRUG AND ALCOHOL TESTING BASED ON REASONABLE SUSPICION 62.1 It is critical to the public health and welfare and to employee safety to ensure a drug and alcohol free work environment. No employee shall report to work while under the influence of drugs or alcohol, nor shall any employee possess, use, or consume alcohol or illegal drugs while on City time or on City property, or when there is a reasonable expectation of being called to duty. No employee shall report to work or remain on duty while his or her ability to perform job duties is impaired due to alcohol, controlled substances, or non- prescription medications, whether such use was on duty or off duty. 62.2 Employees taking drugs prescribed by an attending physician must advise their direct supervisor, before beginning work, of possible side effects of such drugs which could interfere with the safe and effective performance of duties or operation of equipment. Clearance from a qualified physician designated by the City may be required if there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such drugs. 62.3 Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall, for safety purposes, be provided transportation from the work site as appropriate. 62.3.1 The term "drugs" as used in Article 62.1 shall mean those substances which are included in Schedules I through V of the Controlled Substances Act, 21 U.S.C. Sec. 812 and /or in Schedules I through V of Chapter 2 of the California Health and Safety Code, commencing with Section 11050, as the same may now exist or hereinafter be amended. 62.3.2 The term "illegal drugs" as used in Article 62.1 shall mean all drugs other than medications lawfully prescribed by a licensed attending physician for the person in possession of the medication or medications that can be lawfully purchased without a prescription. 62.3.3 The term "reasonable suspicion" as used in Article 62.1 is a belief based on objective facts and reasonable inferences drawn from those facts in light of experience, sufficient to lead a reasonably prudent person to suspect that an employee is under the influence of drugs or alcohol. 62.3.4 The term "under the influence" as used in Article 62.1 means the employee's ability to perform the functions of the job is impaired or that the employee's ability to perform his or her job safely is reduced due to the consumption or use of drugs or alcohol. 55 62.4 Managers and supervisors may request and, if necessary subsequently order upon concurrence of a second level of supervisor, that an employee submit to a drug and /or alcohol screening when a manager or supervisor has reasonable suspicion that an employee is under the influence of illegal drugs or alcohol while at a work location, while on the job or when reporting for duty. Employees shall authorize the City's medical provider and laboratory to take samples for screening and to release the results of the screening to the City. 62.4.1 An employee who refuses an order to submit to a drug and /or alcohol screening, or to authorize the taking of a sample, or to authorize the release of the results of the screening to the City, or engages in conduct that clearly obstructs the testing process shall be subject to disciplinary action, up to and including dismissal. 62.5 All alcohol or controlled substances testing shall comply with the procedures set forth in the Federal Motor Carrier Safety Regulations Title 49 — Transportation, Chapter III — Federal Highway Administration Department of Transportation, Subtitle A — Office of the Secretary of Transportation, Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs.) 62.5.1 A positive result from a drug and /or alcohol screening may result in disciplinary action, up to and including dismissal. 62.5.2 If the drug screen is positive, the employee must provide, within 24 hours of request, bona fide verification of a valid current prescription in the employee's name for the drug identified in the drug screen. If the employee does not provide acceptable verification of a valid prescription, or if the prescription is not in the employee's name, or if the employee has not previously notified his or her supervisor pursuant to Article 62.2, the employee may be subject to disciplinary action, up to and including dismissal. 62.6 An employee who has had a positive result from a drug and /or alcohol screening shall undergo a return- to-duty drug and /or alcohol screening and will not be returned to duty unless there is a verified negative result for controlled substances or an alcohol concentration of less than 0.02. 62.7 Information obtained under the provisions of this ARTICLE and the attendant regulations, policies and procedures, shall be held strictly confidential. 62.7.1 The drug and /or alcohol screening results will be retained with medical examination results in a separate location in compliance with the confidentiality of Medical Information Act, California Civil Code Section 56, et seq. 62.7.2 The reports or test results may be disclosed to City Management on a strictly need - to -know basis and to the tested employee upon request. 62.7.3 Disclosures, without patient consent, may also occur when: (1) the information is compelled by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used in administering an employee benefit plan; (4) the 56 information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. ARTICLE 63 NO STRIKE 63.1 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. ARTICLE 64 64.1 It is the intent of both parses to maintain an open line of communication for the betterment of employer - employee relations. Any issue not pertaining to grievances or grievabce issues may be discussed by the AFA or ANAHEIM at either parties request. 64.2.1 If the discussion process results in an agreement between the City Management Representative and AFA to amend this Memorandum of Understanding, such agreement shall be incorporated in a written letter of understanding, signed by the City Management Representative and AFA representatives. The matters incorporated in the Letter of Understanding shall be presented to the City Council, or its statutory representative, for determination. ARTICLE 65 RE- OPENER 65.1 ANAHEIM and AFA agree to meet and confer beginning no later than July 1, 2007 regarding changes to Post - Retirement Medical Benefits to be effective January 1, 2008. No changes will be implemented except by mutual agreement 65.1.1.1 In the event ANAHEIM and AFA are unable to reach an agreement, neither party can compel the other to arbitration, and the status quo shall be maintained. 57 ARTICLE 66 CONSTRUCTION 66.1 Nothing in this Memorandum shall be construed to deny any person 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 67 SAVINGS CLAUSE 67.1 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. m ARTICLE 68 DURATION 68.1 The terms of this Memorandum are to remain in full force and effect until the 30 day of June 2009. 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 1 day of July 2005. STAFF OFFICIALS OF THE CITY OF ANAHEIM, a municipal corporation By: /'/- � - - � FA Dated: ANAHEIM FIREFIGHTERS ASSOCIATION, Local No. 2899 y I By. B y' By. r .: B y : P, I 59 Dated: S - ZS d & APPENDIX "A" SPECIAL PROVISIONS A.1 ANAHEIM and AFA acknowledge that employee paid member contributions and contributions made by the employer on behalf of the employee were considered by the parties as a part of compensation for the purpose of evaluating Labor Market position during the term of this Agreement. A.2 ANAHEIM agrees to provide a minimum of nine (9) Paramedic training slots over the term of this Agreement. A.3 ANAHEIM and AFA agree that the suspension of the Permanent Light Duty Program set forth in the Letter Understanding dated July 20, 2001 and attached to this Memorandum of Understanding as Appendix "C -1" shall be extended through June 30, 2011. All other terms and conditions of the Letter of Understanding shall remain in full force and effect. A.4 ANAHEIM and AFA agree that the employee share of the employer CalPERS contribution required under the provisions of Article 52.6.4 shall be reduced by 0.823% of reportable compensation during fiscal year 2006/07. A tD O C) N or N N C 7 .0 C) O t N O 1-4 W ¢ Z Q C W 7 0- V CL Q U rn c 0 0 78 a 0o o_ t7 m Q C i m m m m O m O m-It a er . . . . CO n . 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GD M O f C) m U) O E Q C N O (O N It O t O n C) CO O (O CO n n h n CD 06 GCi N et O (O N a O f� O N O) N et tn t� O CO CO (O N n n t 06 OD 06 N N n N CO C6 C6 CD = CO m to 61 69 69 61 69 60 61 61 to 61 61 61 61 69 6A 61 60 69 61 61 6A 60 6% 69 69 61 61 61 61 d = LL cm N O N O N C cl), N S A G O O O O CO qt N O 0 0 0 O N C O co C GO) CG c N O N CO c0 hM N tG O N ti cC) f` 0 O O CV � co N ( O N n(n COnroOOCOtnco OOOm l­ C) � OOOh Cl) C+ N� M C a d (A C � O y 1C�� OD D C O Q ) Cl) d_ (n zit 19 N M d: O CO f� CO � M a Cn C !� CO Oi CM CO et O 9 62 06 r W fA Rs9 cr N N C O GO 0 0 N co N O GO OD (O O r n CO et a a n O O O pp pp O O O O pp pp O p O O O O OD (O N O f0 CO 0 O GD N c0 t0 (O 0 O (O (O a N OD ((CO N _ r Q t m M Cr) co C? r C ( 0) O It C Cn ( C'? a CA LO 0) C O fh a U) � O N N N N C7 M� M� M��� M 0 N��N��� �EA ��t X w CD 2 E9 6A 6A E1 61 69 EAR Q - z Lu 00 C) Co d _ 7 O CO CD O N OD W _ O) co co p O O O h C9 C) p O O O (O C) N O M CA O r Cl of '1� CD O Cl et r '4: OR r N Q N O) (O as OR (CM+O� cn C7 T O MM D Ce}D CD 0 d cm cm CO (rn �r{ on � a 6 � 61 fR FA T'6 EA fR d9 fA fA E9 (04 L W Q . . . . . . . . . . . . . . . . . . . . j O '7 M M O C) C) n IO OD r O N n O n N nn O N N O N O t� OO 0 CO r n w 0 N CO 0 M 0 N N r 0 = M O N N N N N aaam oEA 69 69 E1 69 E9 �ER 6o 61 � �� M [Afn(AM(AM MM [A(AU(A (AU(nfA (AUlAfOfA 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r r r r r O O O O O O O O O O O O O O O O O O r r r r r r r r r r r r r r r r ' r r CL d . . . 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LL 11 LL W W W W U U U Q Q Q Q O roN Q CO o C o O (p L m m m m m m N d N m m t m m N m N N ` N L N m m m m m m m LL LL ll 11 N CO t0 Ln U t o M M IL LL M LL M M LL M M M LL tZ T LL M M M E it M M M M M (n M M (n O d Z LL O Q Ln ID O Lu M N Q 7 n 0 O Z Q O L d g Q O N CO N N C 7 r-) d r W 7 C Q m W C 0 i (A r W Q Y 3 m r W i 7 O G r ml t V rn cc W c 0 f0 I N O It O N 0 O Q N c0 N N N O O M O M M O M O- C7 r co M _ O 1* M M r M )n n O M 0o O N M CO 00 W O O M M M O O 69 69 69 fA 69 63, 69 69 69 c9 69 0000000000000000000 M N N g N O t0 O O O O t0 N 0 0 0 0 O N t0 O r M M N (0 O N I CO n f0 M 0 N I W N Oi t� N �O Lo N N Cis n 0) M OD n M 0) N V) OD n cO M n Cl) O n fA 69 E9 6a O r N d: CO O It O N r O) O O 't O Cn Cl) r O M a M O) O M O O- CO O M M O O O_ M c a 69 EA 69' 69 E9 69 69 69 69 69 69 ;; 69 69 69 69 O co co 0 N O co co co N 0000000800000 CO O CO r n CO V v n 0o CO N O C0 CO CD OD N c0 CO OR O . CO It in CO CO c0 p '-* n OD O M et r` a CO N 0) I O v N � 't CO OC O) O f OD 0 M N O W r CD co N CO g N CO N O t� C1' OD n cO N OD M M N et O c0 N O r_ M n M O) 3 N a, r_ Cl I� v� OD n CD r N N n (7 OD CO M CO CO CO CO M N )n n M CO CO CO m M N M r- (0 CO CO O N M n CO W c0 co O co O) O O O CO CO c0 co OD O 0) O O O co Oppp M O) O O O O 69 69 69 69 69 69 69 69 ;; ;; d9 69 69 69 69 69 69 69 6A ;; l9 ;; 69 E9 69 69 V3 a fA ;; N d' M n 0 0 0 M— LO C 0 00 N O) n r- n r,� n M O N O 0) M M c0 O r; r: � r; r; oo ao a0 oS of CA 69 69 EA F9 69 F9 69 EA 69 69 6A CO O et O N N N N O M M N ^ M CO co N d: Cn CO N Cn - In I� 0) )n)nuiannnnCOODCO 69 N3 69 69 69 69 69 6A 69 69 O CD N o O M C7 n O C N N N O C'� O It O f` c9 c0 O rl O CO N N n N M N N � 0 C0 co C�v r._Nr— N nTnn n0 O N a c0 0) M M c0 CA CD M M N CO CA r- �Nr- r- aoowM 0 CA of 69 69 FA 69 fA 69 EA 69 f9 Cfl fA 69 69 69 69 69 E9 69 69 c0 C7 ";k 7 n 8 0 V:' C O q v n 00 $ M 000 cco acoM)n MMV rN0 MM.tWQ3 6 O N 0 Oopp M M CO ^^ 0 M M n M 0 n W N a )n CD N L cC) n Cr Cl d: Cn h C'7 IQ n Cn 0 0 Lo cC'1 r- n n n OD OD OD r n P n 00 00 00 OD 69 69 69 fA fA fA CA fA fA 40 60 69 fA CR % CA % 69 CA M N 0 N- N 00 0) N co) N 0 a co O O p O c a N 0 0 0 0 0 N co O CCC+M� Co CCCvnv�� CO C C 0Cv�) ( a * a CA CCv CC4v3� It co C CC+ q +�� C C C0C�) M It V) C CC+ O +�� CC C CCC+3)�) N Cl) It U�l{) 696d> V • 696969�EA� a 92 96 9�69�69696969 Vt ��E9 C O CO O — I- G00 CO ' I O n O C N 8 C C 0 O 0 N f CD CO O . 0 O C C N CV CO IW 00 OD N O O C . t` . a OD N lA n n M O n O c0 N C+� N OD U M Cn O Cv N C+� N O 00 CO CA a Cv� N OD Cn cn M V Cn C() CO C C�Cvv�� U C+� ) cICv� C a Cr � O r � to LO CO Cv Ce+t� cL CI C C O � CCrh� q C C+ A � C clO C CC+Y) O 40ttoGa 64 69 EAd41to N•6 (fl 6A�C9696AE9 vnocOaDON aoco N O CO V CO CO Lp C Cv CCR OD 01 CV Q r N o a 69 a 69 l N N C7 M M M 69 E9 69 E9 60 69 0 O d' CD C N O N N N N N N C 0 C�� C r Crr�� C NC++�� Cn CO CCP++.� 69 69 69 69 69 6A 6A 2 69 69 69 w w w w w w o 0 0 0 0 0 0 0 0 0 0 0 a n 0 CO O O N O c0 N Of CO � 00 CCC+O+�� M Cn M � OD OD N N Cl) 0 M C0 M Cl) M M O It O O O 0 Q O O O 8 O O, c. � r r M cc N_ N_ W W W W W W W W W W W - - -> m m m 4) C C C m m m m L L L L O 0) O oo LL LL LL LL w w w w U U U � LL LL LL LL LL LL LL LL LL LL LL rn M m o M o M n M rn o M o M m rn N M 00 Of 0) M O r M v OD r O r M er r cp r O r N M t0 f` M CA a M f` CO n M W M v CO n 0 Lo N a O N^^ to n N n to N N st CC) N O OR r` n O CR tt CD f` n CO+D� OD N 7 CD U fA U U fA U U U to U U U (n U fA O O O O O O O O O O O O O O O O O O O �� et a O O O O O O O O O t0 OD OO O O OO a7 M CO M O Cn n M CA p O M O M CO O N M O CA N M CO n OD 01 Cn n c0 n 00 O) M It Cn n vvvvaav )n 0 vvvv 00 O N V) O N C O N O N M O N '7 )n M In V t It 't CO O CO CO N N N N N N N N N N N N N N N N N N N W W W W W W W W W W W W W W W W W W W —=> O O O O p) 0) p1 p) "� 'Zi 'Zi R A A a P U N to y C C C C - - - > - -? C C C c C C C C --- m 0 m c c c _ O O o 0 m `m `m m c c c c o 0 0 0 L L L LA L c M L c c c c C R 0 t� C7) rn 0) a m m m O LL LL LL LL W W W W U U U¢ Q Q Q Z 0 m m m m N m m m N N m m m m LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL CA Cn Cn Cn T N O d d . n. C C N O) E C C O c N y W d .y Q Q N a C Q O V � m y c* N E l0 CD rY C m N Co m Q 2 c v U to c C0 ` O O d C Q U) ro c 0 d .0 'edSLL M co 0 C+ COOgD � 1 fA 69 H9 T t 0 d m m E E c c . 0 - 05 T co 01 Q Q 0 a m CL C Q O V c (n N N E c = cc C tD 0) .0 (D m Q c v U N C N o ° Ln %i _ 0 m m d = LL :) O CL LL LL C O N a a E c O) P. H H W L n Z W U m J � H W W OEa W Z aWW Q W Q OC �. Z W N d O 0- G 0 0 0 0 0 0 0 0 0 0 0 0 0� 0 0 0 0 0 0 O O �coor4kDC) 00N%%D0 V 0 O ^ %000. +M%000OMLn00ON -N to N rnrnrnvV LnLLnnLOntD%Dt0D1*l nn000000000010t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O p 00( 00N00v00Nt O ^ �t0 0o.- 1(n%D000MLn000NLn Ln N N111o0NLf1o0 +LAo6+4 q 00-; 1 r�Z 4 V QOM M M M v q v Ln to to VD %D %o N N N O 00 w O ON O O O Ln N O O n Ln N O O to Ln N 0 O n L N 0 0 N Ln eV O N M Ln nl 0 N Ln N Ln N 0 O L N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 00Nt 00Nt 00 r %0 oo +4 M tD 00 O M Ln o0 O N Lf 1 I. O N v K 01 M M M v v' Q- Ln Ln Ln %0 % t N n n 00 0 0 O 0% 1 01 0 0 0 0 0 0 0 0 0 0 0 1 .- 0 0 0 0 0 0 0 0 0 O OOOO v 0N%%D0 0 0 OONtDO co•4cn%o000ML110oOrjLnr r*, a% MMM'c V o LnL Ln nLn toMOnnn O 0 d o0 00 00 01 M Q R - R I R -R � -R � IR 0 0 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 00Nt00O CD CD 00N%DO �Nt �t00o- 4cnZDSoOMLncoONLn 1 01 M M Lri M v' tt Ln Ln Li 89 n ii t0 t�D t0 n n n 0 ao aD 01 01 0 8 0 0 0 0 0 0 0 1 .- 0 0 0 1 .- 0 0 0 1 0- 0 0 1 0- 0 0 0 0 0 IS0 0 0Nt 0 00co0 0 0Nt 0 0O 00NtDO 0 O O M t0 O O M Ln O O N Ln n O N tT n O NLnOoNLnoo.-iLnoo+A tr oo.4%rn.+C} nOM M M M d' v d' Ln Ln Ln %0 %D t0 N n N oo o0 oo 01 O% 0 0 0 -.0- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ONE %D000Nv%000 N N t V'to0000OO N01tDm0wLnN01%D - 400 LnN01� .400%D 1�I�ODMa(D 4 "M f LnLn%0r�0000TClCD -1 MMMM14 V L \ \ \ \ \ \ \ 1 \ \ \ \ \ \ \ \ \ \ \ \ \ Ln Ln 0 O 0 0 0 0 0 O o o O o 0 0 0 o O o o O OO 10 ^O0 MNN ON —V M%D01NLn000M%0M"M00 V 1*, NMMM�? V- V V MLnMtD %0t0tDnnnOOO \ \ \° \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O%DNoov %DN00 V O%0N00 OtDN00v %p0%M%00 I�r+v ooNLnTNto rM14Z 0 O0.- +Ln00N MOOLnMOnLnNO%nv'- - 00%DM000LnNO I-�ONLAoO�M 4 a;- ;v ONLnoo.4M%00%Nd'1�Ofi N M M M M V' d' V Ln Ln Ln %D %0 %o %o N n ^ n 00 00 00 Ot 01 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O co %0 V N O 00 to V' N O 00 %0 V N O 00 %D v N$! 00 O N O 00 00V -400LnN00LnN01%DN0)toMOtoM01� 01� .100 tDNooMOtLnO%DNn CV) M V OtoNnM01 V O%0 -4 nM00 Ln 00 O M Ln 00 -4 M %o w -4 M %o Ot — %r to O -4 V n Ot " v. n 01 N N N M M M M v I v v Ln Ln Ln Ln t0 t0 t0 to N N N N 00 00 w w Ot \° \ \ \° \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \o -OR \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p O O O O O O O O O O O O O O O p O O O O O � 000O �0Nt 0 D0�7 0ONt O 00Nto0 , 11%000 -4Mto 00 MLn000NLnIlONV V t001.-1v%0w0 4m N N N M M M M I v 11 Ln Ln Ln Ln %D %O %0 %D %D n n n n 00 00 00 00 01 01 O -4 N-1 M -� , 4 1-4 %o -4 �-4 N N N N N N N N N N M M M M M M M M M M %D Appendix C -1 APPENDIX "'C -1" LETTER OF UNDERSTANDING bebrreen the ANAHEIM ASSOCIATION, Local No. 2899 and the CITY OF ANAHEIM The aty of Anaheim (`CITY') and the Anaheim nmrghters Assodationl, Local No. 2899, ("AFA') have met and axdbnre and have reached an Agremm* vM mgard to Article 61 of the Memorandum of Understanding The Parties agree that the provision of Artide 61 of the Memorandum of Understanding shall be suspended effeci:ive Jhhly 1, 2001. The Parties further agree to the flowing ton and canndrdam 1. Individuals assigned W the Permaryrt Ught Duty Program as of June 30, 2001 shah be pr arided a one -time opporeunev to elect to aondnue their Permanent Light Outy Progrdnh asnrignment under the proWdons of Article 61. Such deffm shall be made, in wrt3M on or before July 31, 2001. 2. &4viduals who do not ekKt to amlinue their Permanent Light Duty Program asAgrenernt shall subrnrt an irrevocable appication for PERS bxknbial dsabffq retirement to be etieclive on or before March 1, 2002. Such w0viduals will be allowed to continue in thm cma t asdgrrnahts up to their 9dvxkAed date of retiremhenL 3. The Parties agree that, at the conclusion of the Period July 1, 2001 through June 30, 2006, CITY may, at its soie dsaetiorb activate the praristans of Article 61 by proA*V the AFA with a m *mxn of thirty (30) days notice. 4. This Letter of Understandrg shall only be effective if biw or fewer of the kKtviduak eligible W make an etiacom under paragraph 1 above elect to continue their Permanent Ught Duty 7! o.oec: 7 7,0-0I N= � 1 f -a •: Appendix C -2 APPENDIX "C -2" LETTcR OF UNDOt.'STANDING between the ANAHUM FIREFIGHTI ASSOCIA iIY, I-Oca 2M and the CITY OF ANAH It& Asksern s ASWCiatek local 2894 {,AF& and Juc MY at AlTahein Cam) name ;net and canh ed arld tm a nemdW all s*eement OMMIT" a AdIbEd cOr"b >tsn P9t-i r r t Medal 3 ?W errparrgm bhW or of &to ` me€n*r 9. NOL T a MPTIES howl re &ed al Lam, as *mo ws- 1. 1M % a d ANUjqM 3fi►e6- dk t Attu S5.1 d floe Mernora:a m at Jndr isg lebreeix tie PAR: T'; 41Wd Sits 1, 2001 dODUQb Sum 30,, M Is WW'WiM as fOAiws: .StLI AAPthiHW a+ad AF# aptea that amm44m AOW oa cr atr lttavw*w A ZW siY' ml - ba Ax any past r% a tam erg Me ,AtTME AAWAMA aad AFA +yreoa #tact y sm A vrr cr r A ember .Si JAW saw6' he poAdd a dedletf �vm �eaa�asr# 1�Aea6caP beau ++dDb tt� ,s6: Lae ar in mWjpW Avf TrW Av ,:a�� of qAW~ MettW tMmymm W 1.2 �r »�9'te� a Aram dare e`ar5 t73 t" mmkvktmr eoWdnW4 Ar6mmvt +' • 3a s .4acz et t 3 hr dopm*cO In t>'r AW*O ai 07WAWW!f fiffik OW dam. sw w Ac=vmt ,iA MW IAA gA irAW on Appendix C-2 L*a 8"*4L-. Loa af'-* Uvjm"Ojl P-,W Y ;L AFA md AMPWJM agree th* F.Pwff" � - g .., to a "Tft (%) hour v"k 9:�rralrie street be Shen an QqW 6m h y w by aced *a =T**Kft (in incrunem of " ITItur) Paid kwe hcm 10 be mr(jM pfOVO:M* In the upwaft4c3twdar veer. Empkwoms Shal be reqtirmd to a=Ve a mmum of she (6) hOUM d earned mod Lwn one pa' pw persed. In rwFmk*o bihm earned per pw# pmod sisal be avWhble for dE*WW W the &AV4W eMPbPA% ROUWWd tillb SWV'UP sA 45tL b p aid dapoahW into the enqA7jemL'sirdm" RH asthevaleamr AFA ,wia Amt-uM agree %a *me eTVkWes Ws9fmd tit 8 beetle (� hoar VOX% 5d*dLAO S" be g h m o an cppmtj%V em:h vow tD dad W axtrft" [n OWMIMEM Of 'IS hour) 5 " 'mm hares 10 be earned vrmvedm* v th& 4xm]VQ GAEWW ya3r • &npkwms slWl be ire"Od ft OWW a r*jmm ct QW (1) k=W of ound 5; �&- Imm time par ply pft Th mna bablKe earned pe- pq pbiod*afl be mw3&tle for deferral to the hv:&tuA wpbyei's Retifermt P4AM Scvigs base rate d pro ad ftoAed into the empbfeWs ndhA*W RFesA as " at emwd. AM and ANAHEIM agree tut !tease ej 4W-W ID a fcrW (401 how work =Ne&d• dW 29 grwm an cpWjVV each year to d= to CnWbUW (IV menumls Gf " hour} V010tim hmm VU t) be owned =wetv* In #0 MMU*q t9W4W VM. EffloYlt5el *M be KPUVCd W a=• a waimon jjw" (31 hwb qj mpW Vm�f%jw Lwoe Um per My pe6W. The nvmvdmq bobw'* ea O wTal W da Wlvd'"l W►OW6 PAthumt H"" "" Vw pig aei�W AA be "WM (W dd SavbW Ac mrj ed dmomed * the mrokqw, &3dh dQ&v& shad be rmwtatad to Gash at the empryees [me ram afp" and dtpndard kft tfte%O&Oft 1 4WWuel RHSA as Oft ate ewnL All =r—.bjtkm made under On Pvc4Ws of Wr Sootier- shA be dmgmted a Pit-ax uwvaLtunfi, 3. AFA and ANAHM agree towt modes vrN be eft to wndraw funcls far w0rhnsombet of fle ernpLTmi s gene d re*W mwrave pre um ter puns PnMdEd hV Om City et age 52 and dW five yeas of sefvc-. ya the My or AnWWw. 4. AFi4 andWMK a2rWlhA 8AY 001001m who Wastes OtV sv*De triM r Wit bc 0 0y* ID VAN*aw fw* for mmtirsernent of OtgMe me&ml expenses v4 art r!!tpfd in the engioVeies ar or Van to AFA and ANAHERM jKhmKWdqft'W&t O nxftlutm kv eflOwVv owded SmLV heaft nuance primed by *t%el W*Cyus are not an thqUa mm;kA OtfftrSe ftt tv PXPme cr 11;4 P" S. AM and AMHFTM agmw that empkYges, bred an or aft- November 9. 2lI. v* 4m CYr4k at ftst ten (JO) y"m of vXmq=tvq. MAHEN TXvkO, OW wire are fv4WffldW a MdWwt trzm P� as ther tomn for sawaWn ftm NWEM SWWA SMI be a eum!A W ANAHEW WwwW qvw heath *m as ore f dw cwerape qpWm ii. &� gmd ANAHE agtm 00 upw. Vv dath Qf or ampicrptv, vxvh* spom at4cr e4gbe dAwWaft sit mm w" el4be to mai,** the bvJ*ZdLW rwTnbw acmurt and to Umn it la f.ffd e;qiA8 bwert5. 7. AFA and &WETH ajmw jtx the Plan Dommnect shat esWbfth le ivdsm berefts tvi ate jeTftpwble 10 meojr%mg empWAm argil vez emmhk4% to erKj y, cDrosm-it w*h Ok ,rMi, of UM&VSWdtg and veth aqp&mWe imarrvi RAveme Sormm rm9W& ter Isc#S43126) 50e"W* dX all Appendix C-2 AW;A Pa4pti-cmamma B4 Letm Mlidvigzamog p4w 3 A;A and Am" awat hAt tow Pau mo m*lmt of ow time w mw w cwk, MWOM W 'A dad Of W*'MtladW �W p bp p ad ##W pMpMe *n afnerdMerAS OC U*' df�aWW W i &gRapWr. htz& AW&U-4 ftl rut be otfjbW M red Wid Umlaw at aW tr"a 6A%g am tram of de wrert Menwar4um at '-Wt*rAmfdvg beta ft PARTWS " 3u 'y I s 20DI though hie 30. 2M rMW em~ amb*Wxm Any AorWWr& MdMd $"I t* w wpw#je(1 In a Wman LQW d UnftsUnft, s%pW tv On CU Nua9wmt RePmsmm and tu- Af:A.qwewnwbm acd Pfflsemed to taAm*vAn Gtv (fir d for debwandva- :1 wy PuVwon of " twWw of undwAod Pq of At am bm cr C; aw vw mwnmv ProNhaft by Pfrvw I Ru*Q or be" w to awymy b a" bw bf WY Cwt Cf P*0 juwkbm, the mmn&r arthis Lewd uvkvar. dot Drat be d%Lbd dwft, andddl lwwn ir is am ~— 10. DbWtu$ legan1jr& the hbuVebfim cr appbm*xr or t h e tea % 91 44 Letter 01 Und&stftmc" 4 W be mw and b"ww *A*wed repoesentAlKs d AMMER and the AR. Ift the event tw Parties torna msolve W MWAq, k 06 be -%ft*,tedftw MOM *m4* tV 2fttvw= P'OQ lure. STAFF OHFI(JAMGI"wC[WYGF ANAMEOW, AKAMUNFUMIOWMARWOAT10 a Munidpal CArponkUM Wed By L (1A, g---- R,: e - IV - batOL- 04 7-zz-ox— — ca ibc - J. q 71