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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