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RES-2013-131RESOLUTION NO 2013 -131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM FIREFIGHTERS ASSOCIATION, LOCAL 2899, AND THE CITY OF ANAHEIM WHEREAS, the City of Anaheim, and the Anaheim Firefighters Association, Local 2899, have met and conferred and reached an understanding to establish an agreement on "Staffing" and "Consecutive Shift Rule" of the Memorandum of Understanding dated July 1, 2012 through June 30, 2015; and WHEREAS, the Anaheim Firefighters Association, Local 2899 is in agreement with the recommendation contained in said Letter of Understanding; and WHEREAS, as a result thereof, the Letter of Understanding dated August 6, 2013, between the parties has been prepared and signed; 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 Letter of Understanding. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that the Letter of Understanding dated August 6, 2013, between the Anaheim Firefighters Association, Local 2899, and the City of Anaheim, a copy of which is attached hereto and incorporated herein by reference herein, is hereby approved. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20 day of August, 2013 by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None MAfYOR OF fHE CITY OF ANAHEIM ATTEST CITY CLERK OF THE CITY OF ANAHEIM LETTER OF UNDERSTANDING between the ANAHEIM FIREFIGHTERS ASSOCIATION, Local No. 2899 and the CITY OF ANAHEIM The Anaheim Firefighters Association, Local 2899 ( "AFA ") and the City of Anaheim, a charter city and municipal corporation ( "ANAHEIM "), herein referred to collectively as the "PARTIES," have met and conferred, and reached an agreement with regard to "Staffing" and "Consecutive Shift Rule" of the Memorandum of Understanding ( "MOU "). The Parties have agreed to the following terms and conditions: 1. Regarding Sections 42.1 and 42.2 of the MOU, the PARTIES agree that if no Firefighters have made themselves voluntarily available on the Telestaff "pick- list ", a Fire Engineer will be allowed to voluntarily downgrade and work in the Firefighter position. At no time shall a Fire Engineer be allowed to backfill in a Firefighter position if Firefighters are on the voluntary Telestaff "pick- list" and available to work; unless such Fire Engineer is mandated to perform work in a Firefighter position pursuant to Section 14.2 of the MOU. 2. If a Fire Engineer voluntarily downgrades and works in a Firefighter position, such employee shall be compensated at his /her normal rate of pay, including specialty pay, as a Fire Engineer. 3. If there are no employees classified as Fire Engineer or Firefighter who voluntarily signup on the Telestaff "pick- list" and are available to work, then the rank in which the vacancy occurs shall be mandatory filled as identified in AOPS 023. 4. The PARTIES agree that Section 50.1 of the MOU shall be temporarily modified as follows: "ANAHEIM and the AFA agree that no employee shall work in excess of five (5) consecutive work shifts (one hundred and twenty (120) hours). Both parties agree that employees may be required to continue work or return to work in excess of five (5) consecutive work shifts (one hundred - twenty (120) hours) during any emergency situation. 5. The terms of this LOU are to remain in full force and effect on the effective date of this agreement through January 10, 2014. The PARTIES may mutually agree to extend this agreement for up to two (2) separate three (3) month extensions. STAFF OFFICIALS OF THE CITY OF ANAI�EIM, A municipal Xooration, By: __71 Byz___..: C. R Date: p '""� 3 Date: