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RES-2010-205 RESOLUTION NO. 2010- 205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL UNIT AND THE CITY OF ANAHEIM WHEREAS, the City of Anaheim and the Anaheim Municipal Employees Association, General Unit, have met and conferred and reached an agreement concerning certain employees represented by the Anaheim Municipal Employees Association, General Unit; and WHEREAS, the Anaheim Municipal Employees Association, General Unit, is in agreement with the recommendation contained in said Letter of Understanding; and WHEREAS, as a result thereof, the Letter of Understanding dated November 2, 2010 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 November 2, 2010 between the Anaheim Municipal Employees Association, General Unit, and the City of Anaheim, a copy of which is attached hereto and incorporated by reference herein, is hereby approved. F: \OT4161 CS.DOC THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day of November 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE MAYOR OF THE CIT OF A AHEIM ATTEST: CITY CLERK OF TH CITY 0 ANAHEIM APPROVED AS TO FORM: CRISTINA L. TALLEY, CITY ATTORNEY BY: r C F: \OT4161CS.DOC LETTER OF UNDERSTANDING between the ANAHEIM MUNICIPAL EMPLOYEES ASSOCIATION, GENERAL EMPLOYEES and the CITY OF ANAHEIM The Anaheim Municipal Employees Association (AMEA), General Employees, and the City of Anaheim (ANAHEIM) have met and conferred in good faith and reached an understanding on wages and other terms and conditions of employment for certain employees in classifications represented by the AMEA. The PARTIES agree that employees in classifications represented by the AMEA, who are employed by the Anaheim Fire Department and assigned to arson investigation duties, pertaining to "cause and origin" determinations, shall be eligible for additional compensation under the following terms and conditions: 1. Certification Pay a. Employees assigned by the Fire Chief to arson investigation duties shall receive certification pay in an amount per pay period equivalent to four percent (4 %) of his /her base bi- weekly pay until such time as the Fire Chief determines the employee possesses the skill level to fully and successfully conduct "cause and origin" determinations. b. Employees determined by the Fire Chief to be fully competent to perform "cause and origin" determinations shall receive certification pay in an amount per pay period equivalent to eight percent (8 %) of his /her base bi- weekly pay. The Chiefs certification of employee skill, although separate and apart from the requirements for State Fire Marshall Certification, is intended to be equivalent to the professional experience and educational requirements necessary for such certification. c. Employees shall begin receiving certification pay the first day of the pay period following assignment by the Fire Chief to arson investigation duties. 2. Rest Period a. An employee who works eighteen (18) hours, in a twenty-four (24) hour period, shall be eligible for six (6) hours of paid rest, at the employee's regular hourly rate of pay, for any and all hours of rest that fall within the employee's regular work schedule. b. Employees required to return to work during such rest periods, shall be compensated at the overtime rate of pay for all time worked. This overtime pay shall be in lieu of, and not in addition to, the regular rate of pay. Employees not required by management to return to work, but who choose to take less than a six (6) hour rest period, shall be paid their regular hourly rate of pay for all regularly scheduled work hours. c. If an employee requests a rest period because of their physical condition, the Anaheim Fire Marshall or Anaheim Deputy Fire Chief shall make the determination whether to authorize such paid rest. d. The rest period shall commence at the time the employee goes off -duty. 3. The parties agree that arson investigation is a specialty assignment and, therefore, employees can be removed from this assignment at the discretion of the Fire Chief. Certification pay and paid rest periods are discontinued upon an employee's removal from the arson investigation assignment. STAFF OFFICIALS of the CITY of ANAHEIM MUNICIPAL EMPLOYEES ANAHEIM, a Municipal Corporation ASSOCIATION, General Employees C _____I_Z__z____ By: _.. /- /? -=-- --- _..._ By: 1,/ i ,. r /7, By / LZ/ w I By: z 7 i y..._, \___. - Dated: //-2---10/