HomeMy WebLinkAboutReso 43-17 Revised Amendment 1 to MBFFA MOURESOLUTION N0.43-17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING REVISED AND RESTATED AMENDMENT NO. 1
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY
AND THE FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725,
FOR THE PERIOD OF JULY 11 2016 THROUGH JUNE 30, 2017
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, the City of Morro Bay (hereinafter the "City") has, and continues to, recognize
the Morro Bay Firefighters Association, IAFF Local 3725 ("MBFFA") as the sole exclusive
bargaining agent for those City fire fighting employees, for all matters concerning wages, hours
and working conditions; and
WHEREAS, the Memorandum of Understanding between the City and the MBFFA 2016-
2017 ("MBFFA MOU 2016-2017") was duly approved by the City Council on August 23, 2016;
and
WHEREAS, prior to the expiration of the MBFFA MOU 2016-2017, the City labor relations
representatives and MBFFA representatives successfully met and conferred to negotiate an
amendment to the MBFFA MOU 2016-2017 ("First Amendment"), pursuant to both the Meyers-
Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee
Relations Resolution No. 08-17; and
WHEREAS, on June 27, 2017, the City approved the First Amendment, which provided in
pC1 rt reopener language with respect to the wark schedule, sick leave accrual rates, Cl"
vacation leave accrual rates for the new position of Fire Marshal; and
WHEREAS, the City labor relations representatives and MBFFA representatives have
successfully negotiated the work schedule and leave accrual rates for the new position of Fire
Marshal, and have jointly prepared and executed this Revised and Restated Amendment No. 1
to the MBFFA MOU 2016-2017 ("Revised First Amendment"), which was ratified by the MBFFA
on July 15, 2017; and
WHEREAS, pursuant to Gov't Code § 3505.1, the City Council must approve the terms
of any memorandum of understanding or amendment thereto reflecting an agreement between
the City and the MBFFA.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay,
California, as follows:
Section 1. The Revised and Restated Amendment No. 1 to the MBFFA MOU 2016-
2017, attached hereto as Exhibit "A," is hereby approved. The Revised and Restated
Amendment No. 1 to the MBFFA MOU 2016-2017 revises and supersedes the Amendment No.
1 to the MBFFA MOU 2016-2017 approved by the City Council on June 27, 2017.
Section 2. Except as expressly provided in the Revised and Restated Amendment No.
1 to the MBFFA MOU 2016-2017, all other provisions of the MBFFA MOU 2016-2017 shall
remain in full force and effect.
PASSED AND ADOPTED by the City Council, City of Morro Bay at a regular meeting
thereof held on the 81 day of August 2017 by the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
JAI1�j'E L. IRONS,
ATTEST:
I.UIVN&-4'uWo rJ
ANA SWANSON, City Clerk
REVISED AND RESTATED AMENDMENT NO. 1 TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725, FOR THE
PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2017
WHEREAS, the City of Morro Bay (hereinafter the y") has, and continues to,
recognize the Morro Bay Firefighters Association, IAFF Local 3725 ("MBFFA") as the sole
exclusive bargaining agent for those City fire fighting employees, for all matters concerning
wages, hours and working conditions; and
WHEREAS, the Memorandum of Understanding between the City and the MBFFAA
("MBFFA MOU 2016-2017"), which was duly approved by the City Council on August 23,
2016, was scheduled to expire on June 30, 2017; and
WHEREAS, prior to the expiration of the MBFFA MOU 2016-2017, the City labor
relations representatives and MBFFA representatives successfiilly met and conferred to negotiate
an amendment to the MBFFA MOU 2016-2017, pursuant to both the Meyers-Milias-Brown Act
("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee Relations
Resolution No: 08-17; and
WHEREAS, the City and MBFFA jointly prepared and executed an Amendment No. 1 to
the MBFFA MOU 2016-2017 ("First Amendment"), which was ratified by the MBFFA on June
165 2017 and approved by the City Council by Resolution No. 3547 on June 27, 2017; and
WHEREAS, the First Amendment provided that during the term of the First Amendment,
the parties agreed to retain the option to re -open discussion with respect to the work schedule,
sick leave accrual rates, and vacation leave accrual rates for the new position of Fire Marshal
only; and
WHEREAS, the parties have successfully met and conferred to negotiate the work
schedule and leave accrual rates with respect to the Fire Marshal position, and now desire to
prepare a Revised and Restated Amendment No. 1 to the MBFFA MOU 2016-2017 ("Revised
First Amendment"); and
WHEREAS, the Revised First Amendment was ratified by the MBFFA on July 16, 2017;
and
WHEREAS, the Revised First Amendment shall not be in full force and effect until
adopted by resolution by the City Council of the City; and
WHEREAS, except as provided in this Revised First Amendment, all provisions of the
MBFFA MOU 2016-2017 shall remain in full force and effect.
NOW, THEREFORE, it is hereby agreed that the MBFFA MOU 2016-2017 is amended in
the following particulars only:
Section 1. Section 3.1 of the MBFFA MOU 2016-2017, which lists the
classifications comprising the firefighting employees represented by the MBFFA, shall be
01181.0026/390049.3
amended to add the position of "Fire Marshal" in alphabetical order to the list of represented
classifications.
Section 2. Article 7 of the MBFFA MOU 2016-2017, entitled "Term," shall be
amended to read in its entirety as follows:
"ARTICLE 7- TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from July 1,
2016, through June 30, 2018."
Section 3. Section 14.2 of the MBFFA MOU 2016-2017, entitled "Health
Insurance," shall be amended to read, in its entirety, as follows:
"14.2 HEALTH INSURANCE
14.2.1 MBFFA shall receive a cafeteria plan contribution, including the minimum
contribution amount required by CaIPERS, as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $1,109/month or cost of insurance, whichever is less
Employee +family - up to $1,421/month or cost of insurance, tivhichever is less"
Section 4. Section 14.3 of the MBFFA MOU 2016-2017, entitled "Dental/Life and
Vision Insurance," shall be amended to read, in its entirety, as follows:
"14.3 DENTAL/LIFE AND VISION INSURANCE
Life Insurance is provided at $50,000 per employee. The following rates were effective
January 1, 2017;
Vision Dental Life Totals Cit�pays EE pays
Employee only $ 8.86 $ 55.47 $8.15 $ 72.48 $ 69.50 $ 2.93
Employee + 1 $ 16.59 $143.09 $8:15 $ 167.83 $ 156.08 $11.75
Employee + 2+ $ 22.59 $143.09 $8.15 $ 173.83 $ 161.62 $12.21
CITY will pay the remaining premium for dental, life and vision."
Section 5. Anew section 14.4 shall be added to the MBFFA MOU 2016-2017, to
read, in its entirety, as follows:
1
14,4 The provisions of this ARTICLE shall_ be binding on the parties through the _remainder of
this MOU, and for the term of the MOU, which will be effective upon ,City Council
approval. The parties agree herewith to retain the option to re -open discussion, with
respect to this ARTICLE, for any changes to the 2018 health rates."
2
Section 6. Article 16 of the MBFFA MOU 2016-2017, entitled "Salaries," shall be
amended to read in its entirety as follows:
"ARTICLE 16 SALARIES
16.1 Effective July 1, 2017, the CITY shall provide a COLA increase to base salaries for all
Unit classifications in the amount of two percent (2%).
16.2 Any and all education/ special pay incentives will be added to base salary.
16.3 Electronic Deposit. All employees hired after January 1, 2003, shall receive their pay by
electronic methods. New hires must present account information for a checking or a
savings account, with an ACH member financial institution.
16.4 CITY conducted a salary survey for informational purposes for successor negotiations as
previously agreed in the MBFFA MOU 2016-2017. The salary surveys exchanged used
the survey cities of Arroyo Grande, Atascadero, CDF, Cambria, Paso Robles, and San
Luis Obispo."
Section 7. Anew Article 29 of the MBFFA MOU 2016-2017 is added, to read in its
entirety, as follows:
"ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL
The foregoing sections in this Article 29 shall apply only to the position of Fire Marshal. The
Fire Marshal's work schedule, and entitlement to overtime, compensatory time off, vacation
leave, and holiday leave shall only be as provided in this Article 29.
29.1. Work Schedule.
29.1.1. Workday. The normal workday shall be eight hours of work in a 24 -consecutive hour
period, except in cases of emergencies. That work schedule may be altered to conduct
inspections during special CITY events and is subject to call back for emergencies. In no case
shall the Fire Marshal cover 24-hour shifts.
29.1.2. Work Shift. The Fire Marshal shall be scheduled to work on regular work shifts having
regular starting and quitting times.
29.1.3. Work Week. The normal workweek shall be fi
ve workdays and two consecutive days of
rest in a seven-day period, beginning Saturday, 12:00 a.m., and ending seven days later on Friday
night at 11:59 p.m., except in cases of special CITY events or emergencies, or at the specific
request of the Fire Marshal and approval of the fire chief.
29.1.4. Overtime Compensation. Overt
ime for the Fire Marshal is defined as all work required by
the CITY, and actually performed beyond 40 hours worked in a workweek, as defined by FLSA,
3
and shall be compensated at one and one-half times the employee's regular rate of pay, as defined
by FLSA. The Fire Marshal shall not be eligible for daily overtime. Vacation time and
compensatory time off shall be treated as hours worked. The Fire Marshal shall not be entitled to
a premium rate of pay for work on Saturdays, Sundays, holidays, or regular days of rest,
provided he/she does not work beyond 40 hours in a workweek. (For example, if due to a special
CITY event, the Fire Marshal works five, eight-hour work days from Wednesday through
Sunday, he/she will not be entitled to any premium rate of pay.)
29.1.5 Compensatory Time. The Fire Marshal shall be eligible to elect for compensatory time
off (CTO) in lieu of paid overtime, subject to the foregoing requirements and restrictions.
Compensatory time off earned will accrue at one and one-half (1.5) times hours worked. CTO
may be elected for overtime incurred due to professional training time only. Maximum CTO
accrual will be 100 hours. All overtime earned after CTO is accrued to the 100 -hour maximum
will be paid in cash. Accrued CTO may be cashed out upon the request of the Fire Marshal and
the approval of the department. CTO accrued at time of separation will be paid off. CTO may
be taken off upon Fire Marshal request and department approval. CTO will not be approved if it
will require overtime.
29.2. Vacation Leave. All leave time (vacation, sick leave, holiday, etc.) must be taken on an
hour -for -hour basis, equaling actual time off, regardless of accumulation rates.
During the term of this AGREEMENT, paid vacation leave for the Fire Marshal position shall be
earned at the following rate:
SERVICE YEARS
1 thru 2
3 thru 4
5 thru 6
7 thru 8
9 thru 10
11 thru 12
13 thru 14
15 thru 16
17 thru 18
19 thru 20
21 or more
ENTITLEMENT IN DAYS
10
11
12
13
14
15
16
17
18
19
20
The standard for vacation time is eight (8) hours equals one (1) day.
The Fire Marshal may exercise an option to convert
into cash a maximum of forty (40) hours of
accrued vacation leave each fiscal year. Such conversion shall be computed at the employee's
current base hourly rate, on an hour -per -hour basis.
Unused vacation leave may be carried over, into the following year, to a maximum of two
hundred twenty (220) hours. In the event the Fire Marshal exceeds the 220 -hour maximum as of
0
the pay period containing November 1 of each year, he/she will have the following options
related to the excess hours:
a. Cash out;
b. Convert hours to sick leave on an hour -for -hour basis; and/or
c. Paid to deferred compensation.
The CITY shall take said actions) with the pay period containing December 1 of each year.
Payment shall be computed, based upon the employee's base hourly rate of pay as of June 30 of
the same calendar year.
In the event of separation from the CITY, the Fire Marshal shall be entitled to pay for
accumulated vacation, prior to separation, at his/her current base hourly rate of pay.
29.3. Holiday Leave. For the purpose of this AGREEMENT, the following days are the
holidays for the employee in the Fire Marshal position:
Independence Day ..............................
Labor Day, a bOWq1V9* 9 0 0 Poo**& OSS6*61
Veteran's Day. .
Thanksgiving Day. .
4t
ay after Thanksgiving Day.
Christmas Day, .. SOV96050 0 a 9 0 a 6 * De
.................
New Year's Day.
Martin Luther King, Jr., Day. .....................
Lincoln's Birthday ....................:....
President's Day, .................................
Memorial Day. ..................................
Floating Holiday, ...............................
Floating Holiday. . & 0
July 4
1st Monday in September
November 11
Dh Thursday in November
4th Friday in November
N
cember 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
Varies
Varies
Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling on
Sunday shall be observed on the following Monday. Such observed holidays shall be considered
designated holidays for purposes of overtime.
One holiday equals eight (8) hours. It is agreed that when a holiday is proclaimed by the Mayor
of the CITY, the Fire Marshal shall be granted time -off in the same number of equivalent work
hours. Such time -off shall authorized by the Fire Chief.
The Fire Marshal may accumulate up to a maximum of fort
y-eight (48) hours of holiday time.
Hours of holiday time, accumulated over 4,8 hours will be paid off. When the Fire Marshal
terminates employment with the CITY, he/she shall receive pay for his/her current holiday
balance, up to a maximum of 48 hours, at his/her current base hourly rate.
CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
5
The first payroll including July 1, the Fire Marshal's leave bank will be credited with 16 hours
floating holiday."
29.4 One-year Review. U review the Fire Marshal position and
job description in one year to ensure the positioning is functioning as expected.
Section 8. In order to reflect salary increases effective July 1, 2017, Attachment "A"
to the MBFFA MOU 2016-2017 shall be amended and replaced with Attachment "A-1,"
attached hereto and incorporated herein by this reference.
Section 9. This Revised First Amendment replaces and supersedes in its entirety the
First Amendment to the MBFFA MOU 2016-2017 approved by City Council on June 27, 2017.
Except as expressly provided in this Revised First Amendment, all other provisions of the
MBFFA MOU 2016-2017 shall remain in full force and effect.
Section 10. This Revised First Amendment shall not be in full force and effect until
adopted by resolution by the City Council of the City.
IT IS SO AGREED:
MORRO BAY FIREFIGHTERS CITY OF MORRO BAY
ASSN, WIr LOCAL 3725 ,
Michael I3elll�� - 'oe �/Maff. if
City Manager
Jeff ps n Colin J. T er, Deputy City
Attorney/Labor Negotiator
Grant Brady
Swanson, City Clerk
0
EXHIBIT A-1
CITY OF MORRO BAY
FY 17/18 MBFFA SALARY SCHEDULE
TITLE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
FIREFIGHTER
565771
59,610
62,590
65,720
695006
FIRE ENGINEER
623066
655169
685428
71,849
755442
FIRE CAPTAIN
71,345
74,912
785658
825591
86,720
FIRE MARSHAL
84,693
88,927
939374
98,042
1025944
�Ltorro Bny Firefighters Associntion 2017 - 2018 MOU Pnge 1