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Home My WebLink AboutRES NO 1-97RESOLUTION NO. ~ A RESOLUTION /%PPROVING THE MEMORANDUM OF UNDERSTANDING SETTING S/LLARIES AND RELATED BENEFITS FOR THE FIRE SUPERVISORY UNIT OF THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for employees of the City; and WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of California, the City has met and conferred in good faith with the Bakersfield Firefighter's Labor Organization, Fire · Supervisory Unit which represents this City's Fire Captains, Battalion Chiefs and Fire Marshal/Training Officer; and WHEREAS, The City's negotiator and the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on January 1, 1996, and expire at midnight on December 31, 1998, for all employees of said Supervisory Unit employed on the date of adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing January 1, 1996, the attached document, entitled "Memorandum of Understanding between the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit and City of Bakersfield" shall constitute the salary schedule and related benefits for the categories and positions specified therein on the date of adoption of this Resolution, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit for the three-year period beginning January 1, 1996, and expiring at midnight December 31, 1998. .......... 000 .......... ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City ~[ Bakersfield at a regular meeting thereof held on gAN 051 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOtt, ROWLES, SULLIVAN, SAL.VA. GGIO NOES: COUNCILMEMBERr~' ~,~(,~'/.~-- , - ...... ABSEN'~ COUNCILMEMBER ./(,,J (~"~ ~.- ' CITY CLERK an ~ Cle~k--~f the Council of the Ci~ty of BakersjfSi'_~ld JAN 0 $ 1997 APPROVED BOB PRIC~~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield Attachments JWS.rg RES.96\FIREsup. MOU 12-13-96 ORIGINAL MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION FIRE SUPERVISORY UNIT CITY OF BAKERSFIELD January 1, 1996- December 31, 1998 O TABLE OF CONTENTS ARTICLE 1.01 PARTIES TO MEMORANDUM City Council Determination Conflict of Memorandum and Resolution ARTICLE 1.02 ARTICLE 1.03 ARTICLE 1.04 ARTICLE 1.05 5 5 6 RECOGNITION 6 SCOPE OF REPRESENTATION 6 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED 6 HOURS OF WORK 6 ARTICLE 1.06 SALARY AND WAGES General Salary Increase Retirement Contributions Battalion Chief, Fire Marshal/Training Officer Hazardous Materials Pay ARTICLE 1.07 EDUCATIONAL INCENTIVE PAY ARTICLE 1.08 I-[EALTH AND WELFARE Medical, Vision and Dental Benefits. Life Insurance UNIFORM ALLOWANCE HOLIDAYS JURY DUTY SICK LEAVE BEREAVEMENT LEAVE CATASTROPHIC LEAVE COMPENSATORY TIME FIRE PREVENTION ASSIGNMENT PREMIUM ARTICLE 1.09 ARTICLE 1.10 ARTICLE 1.11 ARTICLE 1.12 ARTICLE 1.13 ARTICLE 1.14 ARTICLE 1.15 ARTICLE 1.16 ARTICLE 1.17 VACATION Vacation Accrual Vacation Scheduling ARTICLE 1.18 PHYSICAL ASSESSMENT PROGRAM ARTICLE 1.19 GRIEVANCE PROCEDURES Purpose of the Rule Matters Subject to Grievance Procedures Informal Grievance Procedure Formal Grievance Procedure First Level of Review Further Level or Levels of Review as Appropriate Department Review City Manager Review 6 7 7 7 7 7 7 7 8 8 8 8 9 9 10 10 10 10 I1 11 11 11 12 12 12 12 12 13 13 2 ORIGINAL ARTICLE 1.20 GRIEVANCES - REVIEW Notice~ ARTICLE 1.21 ARTICLE 1.22 ARTICLE 1.23 ARTICLE 1.24 ARTICLE 1.25 ARTICLE 1.26 ARTICLE 1.27 ARTICLE 1.28 ARTICLE 1.29 ARTICLE 1.30 ARTICLE 1.31 ARTICLE 1.32 ARTICLE 1.33 13 14 RETIREE MEDICAL 14 NO STRIKE OR LOCKOUT 15 LIGHT DUTY 15 SMOKING REGULATIONS 16 RESIDENCY REQUIREMENT 16 HEPATITIS-B INOCULATIONS 16 DRUG TESTING 16 COMPENSATION ADJUSTMENT/FAIR LABOR STDS 16 BREATHING APPARATUS 16 OVERTIME CARDS 17 INTENTIONALLY LEFT BLANK 17 MINIMUM EDUCATION REQUI1LEMENTS 17 PAYROLL 19 ARTICLE 1.34 DEFERRED COMPENSATION AND SAVINGS PROGRAM 19 Deferred Compensation 19 Savings Program 19 ARTICLE 1.35 UNION SECURITY Service Fee Service Fee Complaint Procedure Informal Mediadon Selection of Arbitrator Date for Complaint Hearing Payment of Costs Effect of Arbitrator's Decision 19 19 20 20 21 21 21 21 ARTICLE 1.36 OVERTIME PAY 21 Overtime Pay - Scheduling 21 Shift Rate 21 Constant Staffing 22 ARTICLE 1.37 ARTICLE 1.38 ARTICLE 1.39 ARTICLE 1.40 MINIMUM CALLBACK 22 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE 22 MAINTAINING MINIMUM STAFFING 22 AVAILABILITY OF DATA 23 ARTICLE 1.41 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY 23 Temporary assignment to dudes in a higher classification 23 Bidding and Promotions 23 Longevity Pay 23 OR~GtNAL ARTICLE 1.42 LEAVES OF ABSENCE Leave of absence without pay Unauthorized leave of absence Military leave of absence Community Service leave of absence Discretion of the City Council ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 1.43 IMPROVEMENT IN QUALITY OF SERVICE 1.44 MAINTENANCE OF BENEFITS 1.45 VALIDITY OF MEMORANDUM 1.46 ACCESS TO PREMISES 1.47 BULLETIN BOARDS 1.48 SENIORITY 1.49 NO REDUCTION 1.50 EAP PROGRAM 1.51 EARLY RELEASE 1.52 SHIFT TRADING 1.53 HOLIDAY CALL BACK 1.54 EXAMINATIONS 1.55 STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED 1.56 HAZARDOUS MATERIALS 1.57 FIRE PREVENTION 1.58 INCENTIVE PAY 1.59 TERM 1.60 INTENTIONALLY LEFT BLANK 24 24 24 24 24 24 24 24 25 25 25 26 26 26 26 26 27 28 28 28 28 28 29 29 ORIGINAL This Memorandum of Understanding is entered into with reference to the following facts: The Bakersfield Firefighter's Labor Organization, hereinafter referred to as the ORGANIZATION, is the only recognized employee organization with the right to meet and confer in good faith on behalf of employees of the City of Bakersfield employed in those certain classifications included within the appropriate unit of representation commonly referred to as the Fire Supervisory Unit (Unit No. 6). Representatives of management for the City of Bakersfield and representative of the Organization have met on a number of occasions and have conferred in good faith exchanging a number of proposals concerning wages, hours, fringe benefits and other terms and conditions of employment for employee-members represented by the Organization. Representatives of management for the City of Bakersfield and representatives of the Organization have reached an understanding as to certain recommendations tb be made to the City Council for the City of Bakersfield and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits and other terms and conditions of employment contained in these joint recommendations. THEREFORE, the representatives of Management for the City of Bakersfield and the representatives of the Organization agree as follows: The parties hereto shall jointly recommend to the City Council of the City of Bakersfield that one or more salary resolutions be adopted effectuating the following changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization: ARTICLE 1.01 PARTIES TO MEMORANDUM This Memorandum of Understanding has been prepared pursuant to the terms of Code Section 2.76 of the City of Bakersfield, which is hereby incorporated by reference as if fully set forth herein, and has been executed by the Designated Representatives of the City of Bakersfield and the Bakersfield Firefighter's Labor Organization, hereinafter referred to as the ORGANIZATION, on behalf of the employee-members occupying the job classifications of Fire Captain, Battalion Chief, Fire Marshal/Training Officer. 1.01.1 City Council Determination. This Memorandum of Understanding constitutes a joint recommendation between the parties here to be submitted to the City Council for the City of Bakersfield for its determination and implementation by one or more resolutions, as the City Council may deem fit and proper. It is agreed that this Memorandum of Understanding is of no force and effect until so acted upon by the City Council of the City of Bakersfield. The Memorandum contains certain recommendations for changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization. However, for convenience and clarity, the parties have also included herein certain provisions already contained in existing ordinances, resolutions, and policies of the City on matters pertaining to employer-employee relations. Therefore, it is the intent of the parties that the recommendations set forth herein should be implemented by the City Council only to the extent necessary to effectuate the changes expressly provided herein. 1.01.2 Conflict of Memorandum and Resolution. It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies, practices and benefits, generally contained in the City's Civil Service Rules and Regulations and Ordinances. In the event of proposed changes to said rules and regulations, the Organization shall be advised for the purpose of enabling the City and Organization to meet and confer, as soon as possible, with respect to any such proposed changes. With regard to bargaining unit employees only, the City shall not have the right to change said rules and regulations where such change is expressly prohibited by specific provisions of this Memorandum of Understanding without prior negotiations with the Organization. The City does have the right to change said rules and/or regulations as they might affect other employees not covered by this Memorandum without prior meeting and conferring with the Organization. ARTICLE 1.02 RECOGNITION The Bakersfield Firefighter's Labor Organization, Fire Supervisory, is hereby recognized as the Exclusive Recognized Employee Organization for those employee-members occupying the job classifications within the Fire Supervisory Unit as set forth in the City's Employer-Employee Relations Ordinance Supplemental Rules and Regulations. ARTICLE 1.03 SCOPE OF REPRESENTATION The Scope of Representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations including (but not limited to) wages, hours and other terms and conditions of employment but excluding the merits, necessity or organization of any service or activity provided by law or executive order. ARTICLE 1.04 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City and Organization agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employment as set forth in Code Section 2.76 and said Section is hereby incorporated by this reference and made a part hereof as though set forth in full. ARTICLE 1.05 HOURS OF WORK The basic schedule for fire suppression employees who are covered by this Agreement shall average 56 hours per week with no so-called "pay backs" ("D" days) for holiday time in the schedule and with the 24-hour shift being the normal work shift for employees. ARTICLE 1.06 SALARY AND WAGES The salary ranges for the classifications of the Unit shall be amended as follows: 1.06.1 General Salary Increase. 3% effective January 8, 1996'; 3% effective January 6, 1997; 3% effective January 5, 1998. 6 *Fire Captains only - other classifications have already received January 1996 increase. The three (3%) percent adjustment scheduled for January 1996 shall be made retroactively for active employees and for employees who have retired. 1.06.2 Retirement Contributions. Fire Captains - The City's contribution towards employees PERS contribution shall be 9% for those employees hired prior to July 1, 1983, and 4% for those employees hired on or after July 1, 1983. Employees hired after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their 7th uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 2615; this PERS pickup is done pursuant to Section 414(H)(2) of the Internal Revenue Code. Battalion Chief, Fire Marshal/Training Officer - The City's contribution towards employees PERS contribution shall be 9% for those employees hired prior to July 1, 1983, and 2% for those employees hired on or after July 1, 1983. Employees hired after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their 7th uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 2615; this PERS pickup is done pursuant to Section 414(H)(2) of the Internal Revenue Code. 1.06.3 Hazardous Materials Pay. Fire Captains assigned to work as a certified Hazardous Materials Specialist or Hazardous Materials Technician at Station 11 shall receive payment of Ten Dollars ($10) per shift for those shifts actually worked in that capacity. In the event of shift trades, the individuals assigned to work shall receive the Hazmat pay prenfium, rather than the replacement. ARTICLE 1.07 EDUCATIONAL INCENTIVE PAY The City shall contribute an additional five percent (5%) of employee's base salary to fire safety personnel holding an Associate of Arts Degree which fulfills all requirements of a Fire Science Certificate and five (5) years employment with the Bakersfield Fire Department, or two and one- half percent (2-1/2%) of employee's base salary for those safety personnel in the Bakersfield Fire Department who have obtained a Fire Science Certificate requiring thirty (30) units and eight (8) years employment or Fire Management Certificate requiring twenty-one (21) units and eight (8) years employment with the department. ARTICLE 1.08 HEALTH AND WELFARE The City and Organization have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insurance coverages shall take place through the Joint City/Employee Medical Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31 of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual units. Medical, Vision and Dental Benefits. The City and employee shall share bi-weekly contributions 7 towards medical, vision and dental plans for all employees of this Unit as follows: Eligible Fee Dental Fee Health HMO Dental HMO Health Employee HMO Health HMO Dental Fee Health Fee Dental Contribution Employee only 80% 80% 80% 80% 20% Employee + 1 80% 80% 80% 80% 20% Family 80% 80% 80% 80% 20% Life Insurance. The City shall continue to provide a basic term life insurance policy of Two Thousand Dollars ($2,000) value. In addition, the City shall provide contributions toward a life insurance plan of one hundred percent (100%) of the life insurance premium for a policy equal to the employee's projected annual base salary to the nearest Five Hundred Dollars ($500). ARTICLE 1.09 UNIFORM ALLOWANCE The annual uniform allowance shall be Six Hundred Eighty Dollars ($680). One-half (1/2) of the amount to be paid July 1 with the remainder paid on December I for each year. Uniform allowance shall be earned monthly on a pro-rata basis, so that any employee terminating during the year will be charged for the unearned portion of the uniform allowance at the time of termination. Effective January 1, 1997, the uniform allowance shall be increased to Seven Hundred and Five Dollars ($705) per year. Effective January 1, 1998, the uniform allowance shall be increased to Seven Hundred and Thirty Dollars ($730) per year. ARTICLE 1.10 HOLIDAYS All shift employees covered by this Agreement shall accrue holiday pay at the rate of six and one- half (6.5) shifts per year to be paid as follows: One-half (1/2) for three and one-quarter (3.25) shifts on or before December 1 of each year and one-half (1/2) of three and one-quarter (3.25) shifts on or before June 30 of each year. Fire prevention personnel shall be entitled to standby pay in the amount of $20.00 for each holiday for which such employee is required to stand by. In addition, any such person who is required to be on standby status over a holiday shall receive comparable time off at mutually agreed upon time. Scheduling shall be done so as not to interfere with the operation of the Fire Safety Control Division, as staffing is available. Non-shift employees shall receive holidays off and observe the same holiday practice as provided for in the Resolution governing holiday compensation for Management employees. ARTICLE 1.11 JURY DUTY Employees required to report for jury duty on a scheduled work day shall be granted a leave of absence from their assigned duties until released by the court. While on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. ARTICLE 1.12 SICK LEAVE 1.12.1 Employees in the Unit accrue sick leave at the rate of five point six (5.6) shifts per year, with a maximum of fifty-six (56) shifts. An employee who has accrued fifty-six (56) shifts will receive one-half (1/2) of his/her shifts accrued and unused during the year as vacation and the other one-half (1/2) of unused shifts will be paid to the employee no later than the 2nd pay period in January. 1.12.2 Sick leave is defined to mean an absence from duty by any employee because (a) of his/her own illness or injury or exposure to contagious disease which incapacitates such employee from performing his/her duties, or (b) absence from duty for attendance upon a member of his/her immediate family because of illness, injury, death or exposure to contagious disease where the attendance of such employee is definitely required. As used in this section, "immediate family" means husband, wife, child, parent or spouse's parent, or a close relative actually residing in the employee s household. Pregnancy of the employee's spouse in or of itself shall not be grounds for granting sick leave with pay. Illness accompanying pregnancy but not a normal condition thereof and supported by a physician's certificate shall be considered grounds for sick leave with pay. Sick leave absences with pay for attendance upon employee's immediate family shall be limited to not more than five (5) days (two and one-half (2-1/2 shifts) during each fiscal year. Sick leave absences with pay because of death in the employee's immediate family shall not exceed five (5)-days (two (2) shifts) for each instance. 1.12.3 Payment of accumulated sick leave in the event of death of a Battalion Chief or Fire Marshal/Training Officer shall be as follows: One-half (1/2) of the unused sick leave shall be paid to the member's beneficiary or estate in the event of such member's death prior to his separation from City employment after ten (10) years service. One-half (I/2) of the unused sick leave shall be paid to such member whose employment is terminated for any reason, other than discharge, after ten (10) years service. ARTICLE 1.13 BEREAVEMENT LEAVE In case of death within the immediate family of an employee, the employee may, upon approval of the department head, use up to (2) shifts of any accumulated sick leave, vacation leave or compensatory time off due him/her for overtime worked to attend the funeral or memorial services. Additional time off for travel may be granted upon recommendation of the department head and approval of the City Manager. The immediate family shall consist of spouse, parents, grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. Employees electing to charge bereavement leave to either vacation leave or compensatory time off shall receive no reduction in sick leave conversion rights as provided in Article 1.12. ARTICLE 1.14 CATASTROPHIC LEAVE Unit members shall be permitted to participate in the City's voluntary catastrophic leave program as adopted in the City's Administrative Rules and Regulations. 9 ORIGINAL ARTICLE 1.15 COMPENSATORY TIME 1.15.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory time up to sixty (60) hours. Any compensatory time in excess of sixty (60) hours shall be automatically paid if management is unable to schedule time off. The use of compensatory time shall be scheduled through mutual agreement between the employee and management. Management may establish time off for compensatory time in excess of forty (40) hours where mutual agreement cannot be reached. Employees retain the right to request cash payment for any compensatory time on the books, subject to budgetary restraints. 1.15.2 Requests for compensatory time off shall be submitted no more than thirty (30) days in advance of the time requested off. Once submitted, requests shall be approved or denied within forty-eight (48) hours. Once approved, compensatory time off shall not be canceled except in cases of emergency. 1.15.3 Effective with the ratification of this agreement, the accrual of compensatory time off shall be eliminated. Concurrently, the City shall pay off all accrued compensatory time off for unit employees except that individual employees may petition the Fire Chief for approval to retain existing accrued compensatory time off to be utilized for the sole purpose of educational leave. 1.15.4 Individuals in the classification of Battalion Chief, Fire Marshal/Training Officer only may petition to be allowed to continue to accrue compensatory time off for the purpose of educational leave only. Such compensatory time off may be taken only when individuals of the same rank are available to work the time taken off. 1.15.5 Individuals in the classification of Battalion Chief, Fire Marshal/Training Officer shall continue to be eligible for administrative leave in accordance with the City's Administrative Policies. ARTICLE 1.16 FIRE PREVENTION ASSIGNMENT PREMIUM Captains assigned to Fire Prevention shall receive Two Hundred Dollars ($200) biweekly pay period specialty pay while assigned. ARTICLE 1.17 VACATION 1.17.I Vacation Accrual. Fire Department safety employees who are required to work on twenty-four hour duty shifts shall accrue vacation leave at the following rates: First four years, 0.180 of twenty-four hour duty shift biweekly to yield 4.68 twenty-four hour duty shifts annually. Five through fifteen years, 0.270 of a twenty-four hour duty shift biweekly to yield 7.02 twenty-four hour duty shifts annually. Sixteen years or more, 0.360 of a twenty-four hour duty shift biweekly to yield 9.36 twenty-four hour duty shifts annually. All other fire department employees shall accrue vacation leave in the same manner as 10 employees of the miscellaneous departments. In~lividuals hired in the classification of Battalion Chief, Fire Marsha]/Training Officer prior to December 1, 1996, who are accruing vacation in excess of the amounts above shall maintain the higher level accrual until such time as advancement in the accrual schedule is equal to the amounts listed above. 1.17.2 1.17.3 Vacation Scheduling. Up to five (5) employees (Firefighter through Captain classifications) shall be allowed to schedule vacation at any one time. Employees who accumulate seven (7) or more shifts of vacation periods shall be allowed to request a split in vacation periods. Seniority shall determine the allocating of available vacation periods with all employees first choices being considered before the consideration of the second of a split vacation request. One (1) shift of vacation will be the smallest split. For educational purposes, less than one (1) shift of vacation may be used as approved by the Fire Chief. 1.17.4 Employees must schedule vacation shifts during the annual vacation sign-up or may schedule an available vacation shift with department approval. These shifts taken off during the year are subject to: I. Paragraph 1.17.2 above. Forty-four (44) hours advance request and department approval. Requests will be processed on a first-come, first serviced basis. ARTICLE 1.18 PHYSICAL ASSESSMENT PROGRAM 1.18.1 1.18.2 At least once during the period of January 1, 1996 to June 30, 1997, and once during the period of July 1, 1997 to December 30, 1998, the City will offer each Unit employee the opportunity to receive a comprehensive physical assessment and follow-up counseling session. When indicated by initial results, follow-up testing will be performed. The assessment will measure: cardiovascular fitness, blood pressure, blood composition (cholesterol, etc.), body composition, muscular endurance and flexibility. Results of the assessment shall be for the individual employee's use only. The City will receive composite data to be used in evaluating the need for training seminars, etc. The City will consult with the Organization pr/or to selecting or changing the service provider. The City and the Organization have formed a joint committee to study further modifications/development of a physical fitness program. Mutually acceptable findings of the committee shall be implemented as soon as practicable. ARTICLE 1.19 GRIEVANCE PROCEDURES A. Purpose of the Rule To promote improved employer-employee relationships by establishing grievance procedures on matters for which appeal is not provided by other regulations. 11 To afford employees individually or through recognized employee organizations a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussion. 3. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that the grievance procedure shall be as informal as possible. Matters Subject to Grievance Procedures For the purpose of this rule, a grievance shall be considered as any matter for which appeal is not provided for, or prohibited, in the Personnel Ordinance concerning: A dispute about the interpretation or application of any ordinance, role or regulation governing personnel practices or working conditions. A dispute about a decision on wages, hours and other terms and conditions of employment, other than a fundamental management decision. Informal Grievance Procedure An employee who has a problem or complaint must first try to get it settled through discussion with his immediate supervisor without undue delay. If, after this discussion he does not believe the problem to be satisfactorily resolved, he shall have the right to discuss it with supervisor's immediate superior, if any, in the administrative service. Every effort must be made to find an acceptable solution by informal means at the lowest level of supervision. If employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his immediate superior. An informal grievance shall not be taken above the department head. Formal Grievance Procedure (Levels of review through chain of command.) First Level of Review. A grievance shall be presented in ~riting to the employee's supervisor, as designated in the Administrative Rules, who shall render his decision and comments in writing and return them to the employee within ten (10) days after receiving the grievance. If the employee does not agree with his supervisor's decision, or if no answer has been received within ten (10) days, the employee may present the appeal in writing to his supervisor's immediate superior. Failure of the employee to take further action within ten (10) days after receipt of the written decision of his supervisor, or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of grievance. Further Level or Levels of Review as Appropriate. The supervisor receiving the grievance shall review it, render his decision and comments in writing and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within ten (10) days, he may present the appeal in writing to the department head. Failure of the employee to take further action within ten (10) days if no decision is 12 rendered, will constitute a withdrawal of the grievance. Department Review. The department head receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision reached or no answer has been received within ten (10) calendar days, he shall have an additional ten (10) days to submit his grievance to the City Manager. Failure of the employee to take further action within ten (10) days after receipt of the decision or within a total of twenty (20) days if no decision is rendered, will constitute withdrawal of the grievance. City Manager Review. The City Manager, upon receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons, or upon written request by the employee, the City Manager shall hold a hearing with the employee. The City Manager may designate a fact-find/ng committee or an officer not in the normal line of supervision to advise him/her concerning the appeal. The City Manager shall respond in writing to the employee within ten (10) calendar days after receiving the grievance. ARTICLE 1.20 GRIEVANCES - REVIEW 1.20.1 Grievances which may be processed through the procedure set forth in Article 1.20 shall be limited to those which (1) have not been settled under the provisions set forth in Article 1.19 and (2) the determination of which is not vested in either the City Manager, Chief of the Fire Department, Civil Service Commission or City Council by the City Charter. By way of example, disciplinary matters involving suspension of thirty (30) days or less are vested by Charter in the City Manager; and matters involving the expenditure of City funds are vested by Charter in the City Council. Grievances which are not settled pursuant to the grievance procedure herein shall be resolved in the following manner: Upon written notice received by either party and within ten (10) days thereof the parties shall each select one (1) representative for the purpose of forming a Review Board. The two (2) representatives selected shall, within seven (7) days, select a third party who shall be a resident of the City of Bakersfield. The Review Board shall, as soon as practicable, hold hearings on the grievance, said hearing to be held in conformity to normal hearing procedures. Either the City or the Organization may call any employee as a witness from work if he/she is on duty. Any employee called as a witness by the City shall not be debited for any hours not worked while on such call. Employees called by the Organization may be reimbursed by the Organization for any loss of pay for time off. The Review Board shall have no power to alter, amend, change, add to, or subtract from any of the terms of the Memorandum. The decision of the Board 13 shall be based solely upon the evidence and arguments presented to them by the respective parties in the presence of each other. E. Either party may be represented by legal counsel. The parties shall pay their own expenses except for the third member of the Board whose expenses shall be shared equally. The decision of the review panel shall be final and binding upon the parties to the dispute. No decision of the panel shall require the exercise of the legislative authority of the CiSy Council nor shall it contravene any existing City ordinance, the City Charter or State Law. The decision of the panel shall be made in writing within twenty (20) days from the close of the hearing. 1.20.2 Notices. Except as otherwise provided herein, notices required pursuant to the provisions of this Resolution or the Act, shall be given by United States mail, postage prepaid, addressed to the recipient at his/her last known address. In lieu of mailed notices required to be given by a recognized employee organization, personal delivery of such notices may be made on the City's Designated Representative. Notice shall be deemed for all purposes to have been given upon physical delivery thereof, or upon its deposit in the custody of said postal service. ARTICLE 1.21 RET1REE MEDICAL Eligibility for and contributions toward retiree medical insurance shall be as set forth in Bakersfield City Council Resolution No. 227-88. (See Exhibit II) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage, whether through the City of Bakersfield, other employers, spouse coverage or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. Employees hired after April 1, 1996 will be eligible for retiree medical under the following conditions: a) Participation in the City retiree medical insurance plan will be offered to those employees who retire following twenty (20) years of permanent service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service up to a maximum of 30 years (90%), of the lower of the HMO or Fee-For-Service single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. b) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage (Part A) whether through the City of Bakersfield, other employers, spouse coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's retiree medical plan. c) Employees hired after April 1, 1996, shall not be eligible to receive the 42% Fee-For- 14 Service plan subsidy. ARTICLE 1.22 NO STRIKE OR LOCKOUT The City agrees not to engage in any lockouts of the members of the Organization during the term of this Agreement. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives or members shall engage in, cause, instigate, encourage or condone a strike,,work stoppage or work slowdown of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage or condone a strike, work stoppage or slowdown of any kind, in addition to any other lawful remedies or disciplinary action, the City's Designated Representatives may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, prohibit the use of bulletin boards, prohibit the use of City facilities and prohibit access to former work or duty stations by such organizations. As used in this Section, "strike or work stoppage" means concerted failure to report for duty, the willful absence from one's position, the stoppage of work or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. Any decision of the City's Designated Representative made under the provisions of this section may be appealed to the City Council by filing a written Notice of Appeal with the City's Designated Representative, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within seven (7) days after the affected employee organization first raceives notice of the decision upon which its complaint is based or its complaint will be considered closed and not subject to any other appeal. ARTICLE 1.23 LIGHT DUTY When due to injury or illness, whether or not the injury or illness is work related and the employee is unable to perform his or her usual duties, the employee may work in a light duty capacity based on the following conditions: An employee may work light duty only upon approval of the properly appointed City Physician and Fire Chief, and only to the extent that the employee's illness or injury is not further aggravated by working in this capacity, nor is a hazard created for other employees. B. Each applicant for light duty status must be evaluated on a case-by-case basis. Individuals are not assigned to light duty if there is a chance that doing so might result in liability against the City. It is not possible to list the specific tasks assigned to light duty personnel. Task assignments depend on physical limitations, as well as project needs, which fluctuate on a daily basis. Some individuals might enter run reports into the computer, others might assist in filing, making copies, collating, etc. E. Employees shall accept light duty assignments if offered if their illness/injury is job related. F. Employees denied a requested light duty assignment will be provided a written explanation 15 Ot~GIN^L if requested. Every effort is made to make the light duty assignment a pleasant learning experience for each individual involved. ARTICLE 1.24 SMOKING REGULATIONS 1.24.1 Employees hired after January 1, 1987, must be non-smokers. Prospective employees shall be required to sign an affidavit indicating that they have not smoked during the twelve (12) month period prior to hiring by the City. Further, they shall agree that they shall not smoke, either on or off duty, during the term of their employment with the City. Violation of the non-smoking agreement shall result in disciplinary action. 1.24.2 The City and the Organization have met and conferred on the implementation of smoking regulations for fire stations. The parties have agreed to amend the draft smoking regulations by allowing smoking on apparatus floor only. ARTICLE 1.25 RESIDENCY REQUIREMENT The residency requirement shall be forty-five (45) minutes normal driving time from City Hall. Normal driving time shall be defined as driving at the posted speed limit, absent any accidents, traffic jams, etc. ARTICLE 1.26 HEPATITIS-B INOCULATIONS The City shall make available to all Unit employees, Hepatitis-B inoculations. Employees shall receive the inoculations on a voluntary basis. ARTICLE 1.27 DRUG TESTING The Organization and City have agreed on a substance abuse policy. A copy is attached as Exhibit I. ARTICLE 1.28 COMPENSATION ADJUSTMENT/FAIR LABOR STANDARDS ACT The parties recognize that other shift personnel supervised by the Fire Captain classification have received an increase in compensation for the basic fifty-six (56) hour work week due to the Fair Labor Standards Act. This increased compensation has affected normal compensation differentials between the classifications. The parties have agreed to compensate for this change in compensation by providing a one point five percent (1.5%) base wage adjustment for the Fire Captain classification, effective January 5, 1987. This adjustment will remain in effect only for so long as the Firefighter and Fire Engineer classifications receive Fair Labor Standards Act overtime for the fifty-six (56) hour work week and Fire Captains do not receive this compensation. It recognized that this adjustment is overtime compensation, and therefore, not to be considered base salary for wage comparison purposes. ARTICLE 1.29 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each unit employee engaged in fire suppression activities. 16 ARTICLE 1.30 OVERTIME CARDS Overtime cards shall be moved only when the employee has ac}ually worked a continuous 12-hour period or longer of overtime. ARTICLE 1.31 THIS ARTICLE INTENTIONALLY LEFT BLANK ARTICLE 1.32 MINIMUM EDUCATION REQUIREMENTS The parties have agreed to establish minimum educational requirements as follows: · Fire Chief: Effective January 1, 1998 Possession of an Associate of Arts/Science Degree plus twenty (20) upper division semester units, or eighty (80) semester units towards a Bachelor of Arts/Science Degree; and experience other than Suppression.* Effective January 1, 2001 Possession of Bachelor of Arts/Science Degree from an accredited college or university, or an Associate of Arts/Science Degree plus forty (40) upper division semester units, or one hundred (100) semester units towards a Bachelor of Arts/Science Degree; and experience other than Suppression.* Effective January 1, 2003 Possession of a Bachelor of Arts/Science Degree from an accredited college or university; and experience other than Suppression.* · *To in'clude any staff position or assignment detailed by the City Manager. · Deputy Fire Chief: Effective January 1, 1998 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus twenty (20) upper division semester units, or Bachelor of Arts/Science Degree from an accredited college or university, or eighty (80) semester units toward a Bachelor of Arts/Science Degree; and completed five (5) classes towards Chief Officer Certificate. Effective January 1, 2001 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus forty (40) upper division semester units, or Bachelor of Arts/Science Degree from an accredited college or university, or one hundred (100) semester units toward a Bachelor of Arts/Science Degree; and completed seven (7) classes towards Chief Officer Certificate. 17 Effective January 1, 2005 Possession of a Bachelor of Arts/Science Degree from an accredited college or university; experience other than Suppression*; and completed Chief Officer Certification. · *To include any staff position or assignment detailed by the Fire Chief or his/her designee. (i.e. Training, Fire Prevention, Arson, P.I.O., Administrative position, etc.) · Assistant FireChief: Effective January 1, 1998 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus twenty (20) upper division semester units; and completed four (4) classes towards Chief Officer Certificate. Effective January 1, 2001 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus thirty (30) upper division semester units; and completed six (6) classes towards Chief Officer Certificate. Effective January 1, 2003 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus forty (40) upper division semester units; and completed Chief Officer Certification. *To include any staff position or assignment detailed by the Fire Chief or his/her designee (i.e. Training, Fire Prevention, Arson, P.I.O., Administrative position, etc.) · Fire Battalion Chief: · 3 years Effective January 1, 1999 1 year as a Captain with Bakersfield Fire Department Fire Officer Certification (320 hours) Chief Officer Certification Classes (2) (80 hours) OR A.A./A.S. Degree or high degree OR 60 semester units towards any degree · 6 years Effective January 1, 2002 O O O O O 1 year as a Captain with Bakersfield Fire Department Fire Officer Certification (320 hours) Chief Officer Certification Classes (3) (120 hours) A.A./A.S. Degree or higher degree OR 60 semester units towards any degree 18 O~'IIGI~LAL · 8 years Effective January 1, 2004 O O O 0 1 year as a Captain with Bakersfield Fire Department Fire Officer Certification (320 hours) Chief Officer Certification Classes (6) (240 hours) A.A./A.S. Degree or higher degree OR 60 semester units towards any degree ARTICLE 1.33 PAYROLL 1.33.1 The City shall maintain voluntary direct deposit for all Fire Captains. Direct deposit shall be mandatory for employees in the classification of Battalion Chief, Fire Marshal/Training Officer. 1.33.2 All payroll changes shall take place at the nearest pay period. 1.33.3 Effective upon implementation of guaranteed direct deposit, the City shall end the process of early release of vacation checks. ARTICLE 1.34 DEFERRED COMPENSATION AND SAVINGS PROGRAM Deferred Compensation. The City agrees to make available to the employees covered by this Agreement a deferred compensation program. Savings Program. The parties agree to establish a cost savings/sharing program. The procedures for implementing this Plan will be worked out by mutual agreement of the parties. ARTICLE 1.35 UNION SECURITY Each employee in the classification of Fire Captain shall, either (1) become a member of the Union to the extent of tendering the periodic dues uniformly required for membership, or (2) pay to the Union a periodic representational fee. Such representational fee shall be in the amount uniformly established by the Union's Board of Directors, but in no event shall such representational fee exceed 95% of the amount that a Union member would pay in dues for the same period. The Organization shall indemnify the employer and hold it harmless against any and all suits, claims demands or other liabilities, including the employer's reasonable attorney fees, that may arise out of or by reason of any action taken by the employer for purposes of complying with this Article. This Article was implemented in accordance with Government Code Section 3502.5 and following a secret ballot election of the bargaining unit employees which was held in June, 1989. The Organization agrees to adhere to all statutory and judicial requirements relating to Agency shop. Specifically: Service Fee Organization agrees to keep an adequate itemized record of its financial transactions and shall make available annually to the City within sixty (60) days after the end of its fiscal 19 year, a written financial statement in the form of a balance sheet and an operating statement certified as to accuracy by BFLO Board and a Certified Public Accountant. Organization further agrees to hold such disputed fees in their entirety in an Escrow account to be maintained at a specified bank, pending resolution of the dispute pursuant to the Service Fee Complaint procedure. Service Fee Complaint Procedure This Complaint Procedure shall be utilized solely to resolve disputes arising out of the deduction of a Service Fee by the City pursuant to a negotiated agreement. 1. Issues subject to this Complaint Procedure shall be limited to the following: That a portion of the Service Fee deduction is being utilized for non- representational activities. That the non-member is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations. In the event that it is determined pursuant to this procedure that such non-member is a member of a religion or body pursuant to this Section, he may designate a charitable fund exempt from taxation under Section 501, Paragraph C, Subsection 3 of the Internal Revenue Code chosen from the following: Any United Way Charity City agrees to deduct and to remit fees so designated in behalf of one of the above charitable organizations to said organization. Any non-member who objects to the deduction of the Service Fee by the Union shall file a complaint with the Bakersfield Firefighter's Labor Organization (BFLO). The complaint shall be in writing and shall specify the reason(s) for the objection to the deduction. The complaint need not be formal but shall clearly state the basis for the objection. An employee who objects to the deduction of the Service Fee shall forward his/her written complaint to the Union within forty-five (45) calendar days after the fee is initially deducted. Upon receipt of the written complaint the Organization shall place the entire Service Fee deduction into Escrow pending resolution of the dispute and shall request a list of arbitrators from the State Conciliation Service or the American Arbitration Service. Informal Mediation. Notwithstanding Step B, Subsection 2, above; either the Organization or the complainant may request the services of a State Conciliation Service Mediator in a preliminary effort to resolve the dispute prior to arbitration. The Mediator shall be utilized in an advisory capacity only. Following such non-binding informal advisory mediation, if either complainant or Union is dissatisfied either party may request arbitration. 2O Selection of Arbitrator. The Arbitrator shall be selected by mutual agreement between the Union and the complainant. Date for Complaint Hearing. The Union shall contact the selected Arbitrator within ten (10) calendar days from the date of the completion of the Mediation Process, or in the event that Mediation is not utilized, within ten (10) working days of receipt of the complaint. Upon confirmation by the Arbitrator, the Union will forthwith contact the complainant by Certified Mail indicating the date, time and place of the Complaint Hearing. Payment of Costs. In the event that the Union prevails in said Arbitration, the cost of arbitration shall be shared equally between the Organization and complainant. Should complainant prevail, the Organization shall pay the entire cost of the Arbitration. Effect of Arbitrator's Decision. The decision of the Arbitrator shall be final and binding. Upon receipt of the Arbitrator's decision, fees being held in Escrow shall be disbursed by the Organization in accordance with said decision. In the event that the Organization prevails, the City shall continue to deduct the Service fees and remit them to the Organization as determined by the Arbitrator. ARTICLE 1.36 OVERTIME PAY Overtime Pay - Scheduling 1.36.1 Shift Rate. Fire Captains of the Fire Department assigned to work authorized overtime shall be compensated at one and one-half (1-1/2) times the hours of overtime worked. Authorized overtime shall be any time worked over the regular work schedule. The Fire Chief shall call back off-duty personnel to maintain a minimum staffing schedule at each station. Such minimum staffing for each station, if in service, is as follows: STATION CAPTAINS ENGINEERS FIREFIGHTERS PATROLS* Station 1 2 3 2 Station 2 1 1 1 Station 3 1 1 1 Station 4 1 1 1 Station 5 1 1 1 Station 6 1 1 1 Station 7 2 2 3** Station 8 1 1 1 Station 9 1 - 1 1 Station 10 1 1 1 Station 11 1 1 1 Station 13 1 1 1 X X X X *Current location. A total of 4 patrols will be staffed with one engineer assigned to each patrol. Patrols will be assigned at the discretion of the Fire Chief. **It is mutually understood that staffing at this station will remain the same if a tillered truck replaces the existing truck. 21 Staffing at Station 1 on Track 1 may be modified as appropriate, if Truck 1 is expected to be out of service for twenty-four (24) hours or more as directed by the Fire Chief. Further, it is ~mderstood that equipment location is shown at it's current location. Nothing herein shall be construed to limit the Fire Chiefs authority to relocate equipment to different stations at his/her discretion. In consideration for working additional fire suppression shifts, in addition to regularly scheduled duty shifts, Fire Battalion Chiefs will be compensated at straight time for each additional suppression shift worked or portion thereof. 1.36.2 Constant Staffing. Effective immediately, the parties agree to implement a constant staffing procedure. Through attrition, the existing staffing pool shall be eliminated. Once eliminated, vacancies due to absences or for any reason shall be replaced on a rank for rank call-back basis. It is understood that acting assignments shall be continued to be utilized to fill vacation and compensatory time off vacancies until such time as the staffing pool is no longer available, subject to the available number of firefighters in each shift's pool. No individual will be allowed to work more than Seventy-two (72) consecutive hours under the constant staffing program. In the event there are not sufficient Battalion Chiefs available to fill vacancies, the Fire Chief will provide criteria to determine which Captains are eligible to act as a Battalion Chief. ARTICLE 1.37 MINIMUM CALLBACK Fire Captains called back to work after being released shall be entitled to a minimum of two (2) hours of pay. Such minimum time shall not be applicable for employees standing by for relief of other regular shift of workers on a normal shift-to-shift basis unless the employee is required to stand by for more than one (1) hour, in which case the two (2) hours minimum applies. Such callback time shall be paid at the rate of time and one-half (1-1/2) in cases of callback for shift work or other non-emergency work. Double time shall be paid for callbacks for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency situations such as windstorms, earthquakes, rescue and flood except that the payment for all office of emergency service mutual aid overtime shall be at the one and one-half (1-1/2) time rate. ARTICLE 1.38 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE At least sixty (60) days prior to the opening of any new fire stations, and/or the transfer of any fire station to the City, the City shall give notice to the Organization and upon request, meet and confer on the minimum staffing levels for the new stations as well as possible changes in staffing levels at existing stations. ARTICLE 1.39 MAINTAINING MINIMUM STAFFING Every effort will be made to maintain the assigned personnel complement of the respective fire companies. In order to maintain this staffing level, a certain amount of inconvenience may.be experienced by the relieving personnel. Depending on who is excused from the company, a person wiI] always be designated as being in charge. If the staffing level is affected because of a detail in the first-in area, sending the entire company to the assignment will be considered. If the detail involves removing a person or personnel from the 22 companies who will be out of the first-in response area, options such as furnishing relief for the employee on the particular detail, or possibly in extreme circumstances calling a piece of equipment out of service, will be considered. Regardless of the assignment of the people involved, every effort will be made to maintain the assigned personnel levels. ARTICLE 1.40 AVAILABILITY OF DATA The City will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Section 6250-62-60. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this role shall be construed to require disclosure of records that are: Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles unless authorization by the individual employee is obtained. Working papers or memoranda which are not retained in the ordinary course of business or any public records available which clearly outweigh the public interest served by disclosure of the record. Records pertaining to litigation to which the city is a party, or to claims or appeals which have not been settled. Nothing in this rule shall be construed as requiring the City to do programming or assemble data in a manner other than usually done by the agency. ARTICLE 1.41 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY Temporary assignment to duties in a higher classification. Any employee who is assigned duties of a higher job classification for more than ten (10) continuous hours in a single work shift, shall be paid the wage rate of the higher classification. Bidding and Promotions. The parties agree that the past practice on bidding and the filling of Fire Captain vacancies shall continue, providing that all actual vacancies shall be filled within two (2) weeks of the occurrence of the actual vacancy. C. Longevity Pay. All Fire Captains covered by this Agreement hired prior to April 10, 1989, who complete fifteen (15) years of seniority with the City, shall receive additional pay that is equal to but not more than that amount of educational incentive pay that those employees covered by this Agreement receive who qualify for incentive pay based upon an Associate Arts degree in Fire Science. No employee shall be permitted to 23 pyramid the fifteen (15) years seniority and the AA degree incentive pay. However, the payment of this longevity pay shall in no way eliminate any other pay the employee is entitled. 2. Employees hired after April 10, 1989, shall not be eligible to receive longevity pay. ARTICLE 1.42 LEAVES OF ABSENCE Leave of absence without pay. Leaves of absence without pay, up to a period of six (6) months, may be granted to an employee upon the recommendation of the department head with the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for periods of time longer than six (6) months must be approved by the City Council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday, or sick leave benefits during such leave. Unauthorized leave of absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence for more than two (2) consecutive working shifts shall result in automatic termination of employee unless the employee can demonstrate that such absence was due to circumstances beyond his/her control. Military leave of absence. Military leave shall be granted in accordance with the provisions of State and Federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Community Service leave of absence. Leave of absence with pay, not to exceed one (1) full working day, may be granted an employee upon the recommendation of the department head and the approval of the City Manager if such leave is determined to provide a community service and is in the best interests of the City. Discretion of the City Council. The City Council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for herein. ARTICLE 1.43 IMPROVEMENT IN QUALITY OF SERVICE It is the intent of the parties to improve the quality of service that the Fire Department provides the citizens of Bakersfield. It is agreed that the Employee and the Organization shall implement such steps that are necessary to bring about such improvements. ARTICLE 1.44 MAINTENANCE OF BENEFITS Except as specifically provided herein, the Organization hereby expressly waives any right to request any improvements or changes in the wages, hours or other terms and conditions of employment for the employee-members represented by the Organization which would take effect prior to January 1, 1999 and the City of Bakersfield, through its representatives shall not be required to meet and confer as to any such request. The parties recognize that there are existing ordinances, resolutions and policies relating to benefits 24 and other terms and conditions of employment and the same are not affected by this Agreement except as recommended herein. ARTICLE 1.45 VALIDITY OF MEMORANDUM Should any portion of this Memorandum or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties hereto mutually agree, during the term of this Memorandum, not to seek to meet and confer for the purpose of modifying any provision contained in this Memorandum unless the parties mutually agree in writing to do so. Should the parties mutually agree in writing to meet and confer during the term of this Memorandum, neither party shall be obligated to add to, subtract from, or otherwise modify the terms herein, but if it is the desire of both parties to institute such changes, such changes shall not be precluded by this or any other provision of this Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the parties from meeting and conferring during the term hereof with respect to the interpretation and/or application of provisions of the Memorandum, the City's provisions of the City of Bakersfield Code which deal with personnel matters, insofar as these documents affect the employees represented by the Organization under the terms of this Memorandum of Understanding. ARTICLE 1.46 ACCESS TO PREMISES Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head or the City's Designated Representative. Access shall be granted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during work hours. If the attendance at a station exceeds the personnel on duty, the Organization shall gain approval for the meeting from the officer in charge of the Bakersfield Fire Department. ARTICLE 1.47 BULLETIN BOARDS Recognized employee organizations may use City bulletin boards for conduct of their business and social events under the following conditions: All materials must receive the approval of the department head in charge of the departmental bulletin board. (In some situations, particularly where larger employee organizations are involved, centralized approval by the City Manager or his designated representative may be more appropriate.) B. All materials must be dated and must identify the organization that published them. The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after publication date. Materials which the department head considers objectionable will not be posted, provided, however, the department head shall first discuss 25 ORIGINAL this denial with the City Manager. The City reserves the fight to determine where bulletin boards shall be placed and what portion of them are to be allocated to mployee orgamzatnons materials. An employee organization that does not abide by these rules may forfeit its right to have materials posted on City bulletin boards. The parties agree that the City will allow the installation of message boards provided by the Organization at each fire station. The size and location of such boards are subject to the approval of the Fire Chief. Message boards may be utilized by the Organization and all department employees; however, nothing shall be posted of a defamatory nature. ARTICLE 1.48 SENIORITY Seniority as herein used shall be defined as the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.49 NO REDUCTION It is agreed that no member of the Organization by virtue of adoption of this Agreement shall suffer a reduction in wages, and/or working conditions during the term of this Agreement, with the exception of those employees affected by hiring date under Article 1.06.2. ARTICLE 1.50 EAP PROGRAM The Organization will work with the department to resolve concerns regarding the confidentiality of the EAP program. ARTICLE 1.51 EARLY RELEASE Fire Captains may, subject to approval of the on-duty Battalion Chief, arrange for early release up to two (2) hours prior to the scheduled end of their work shift. Release shall be contingent upon he employee s replacement arnwng to assume duty responsthd~ty, and completion of Danerwork documenting the early release. Prior department approval is not required for early release. Compensation for early release is the responsibility of the involved employees, pursuant to procedures utilized for shift trades. ARTICLE 1.52 SHIFT TRADING Requests for shift trading will be approved and signed by the appropriate Captain and Battalion Chief and forwarded to the Captain's office at Station 1 no later than forty-four (44) hours prior to the start of the shift when a shift trade is requested. As an example, if you are working Saturday and you would like to have shift relief on Monday, your paperwork must be in the Captain's office in Station 1 no later than noon, Saturday. This will afford adequate time to make out the roster and proceed with any phone calls necessary to insure minimum staffing for the shift on Monday. When trading shifts, every effort will be made to obtain relief utilizing personnel of the same rank. 26 ORIG1N,~t When utilizing relief that is not the same rank, the following guidelines will apply as to who is qualified to replace another individual. A person who is going to replace an Engineer must be either: 2. 3. 4. a permanent Engineer; on the Engineers promotional list completed the entire Engineer's certification process; has partially completed the Engineer's certification process. *Note: When utilizing a person that is partially certificated, this person can only drive the type of apparatus they are certified on. *Note: An approved list of individuals who have been determined qualified for shift trades will be maintained by the Fire Chief and will be available for daily scheduling of personnel. A person who is going to replace a Captain must either be a permanent Captain or on the Captain's promotional list. After Captain's certification becomes a requirement to take the promotional examination, persons who have completed this course can be utilized. That will not occur until the Captain's examination projected for 1997. When trading shifts, permanent Captains are not to be assigned as drivers of apparatus at any time. Emergency cases for in or out of town leave will be given full consideration by a Chief Officer. For unusual situations, which occur during extended days off, every effort should be made to adhere to the forty-four (44) hour advance notice. The signature of a Suppression Battalion Chief will be sufficient in these unusual situations. Every effort should be made to provide notice, in advance, to the Captain in charge the day of the shift trade to make sure he approves of your relief. These unusual situations should be the exception rather than the role. If this option is abused, it will be withdrawn. H. Shift trading may be disapproved. With specified exceptions, the qualified person signing the "leave of absence form FD1634" to work in place of another employee shall be fully responsible for and work the agreed time. Failure to show up or not be able to work (for whatever reason) the agreed time shall cause that employee to be charged appropriate leave time for the hours missed. If the qualified person becomes unable to work due to job related disability more than 24 hours prior to the scheduled shift, the employee originally scheduled to work shall be responsible for either 1) finding other relief; 2) working the shift; or 3) being charged for the time (first vacation/CTO if not available, sick leave). If the job related injury occurs less than 24 hours before the scheduled shift, paragraph one above shall apply. ARTICLE 1.53 HOLIDAY CALL BACK On Christmas, Thanksgiving and Easter, a volunteer call back list will be used. Thirty (30) days before each holiday, personnel may call up the Captain's office and have their name put on the holiday call back list. These personnel will be used first before the regular call back list would be 27 used for that holiday only. If there are not enough personnel on the list then call back would return to the regular list to fill the vacancy. This list of names will be used in the order in which they would have been on the regular call back list. Example: If John was third on the regular list and Bill was fifth on the regular list and both called to be put on the holiday list for Easter, then John would be called first, followed by Bill and then if needed, the regular list would be used in order. These personnel, like all others, will go to the back of the list if used and would remain in their normal spot if not used. ARTICLE 1.54 EXAMINATIONS Captains passed over on promotional lists may, upon request, receive a written explanation as to why they were passed over. This explanation is for information only, and shall not be subject to any form of appeal. ARTICLE 1.55 STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED 1.55.1 Primary and secondary engines to participate on strike teams will be ranked from the list of engines that meet the requirements for strike team response. Once an engine has participated on a strike team, that engine moves to the bottom of the list. 1.55.2 On duty personnel assigned to the selected apparatus shall be the first selected. If these individuals are unavailable, personnel shall be selected from a pool of on-duty personnel. A sign-up list for each rank and shift shall be available every six (6) months. Through a rotation process, these lists shall be reduced to ten (10) personnel with priority number one through ten (1-10) assigned to each person. Those personnel participating in the process shall be advised to have a travel bag at their station or the next person on the list will be contacted. ARTICLE 1.56 HAZARDOUS MATERIALS The City and Union have agreed that, effective with the full implementation of constant staffing, only individuals possessing the requisite hazardous materials certifications or other qualifications as determined by the Fire Chief, shall be allowed to bid to work the hazardous materials stations. Similarly, only individuals possessing those qualifications shall be eligible to be called back to work the hazardous materials station. ARTICLE 1.57 FIRE PREVENTION It is mutually understood and agreed that individuals assigned to fire prevention are responsible to perform stand-by duties for weekly periods approximately seventeen (17) times per year. It is mutually agreed that this stand-by duty does not constitute work time. ARTICLE 1.58 INCENTIVE PAY The City shall pay the Fire Captain assigned to the Training Division an additional five percent (5%) of their salary as incentive pay for assuming the additional responsibilities of the training function and for assuming a non-shift schedule. 28 ARTICLE 1.59 TERM This Agreement }hall be effective as of January 1, 1996, and shall remain in full force and effect until December 31, 1998 or until a new Agreement has been executed. Proposals for the contract period beginning January 1, 1999, shall be submitted by November 1, 1998, and negotiations shall commence no later than November 15, 1998, unless the parties mutually agree otherwise. This Memorandum is entered into and effective upon ratification and acceptance by the City Council of the City of Bakersfield. ARTICLE 1.60 THIS ARTICLE LEFT INTENTIONALLY BLANK. FOR THE I;).RG-/~IZATION: DATE: 1~' ~ '?7 29 EXHIBIT A Reflects proposed 3.0% COLA to be effective 1/8/96 for Fire Supervisory Unit. (Fire Battalion Chief and Fire Marshall/Training Officer received 3.0% COLA 1/8/96.) PREPARED 1/07/97 , 11:51:54 City of Bakersfield PAGE 1 PROGRAN PRSALSCH Salary Schedule POSITION # POSITION TITLE GRADE STEP 1 STEP 2 STEP $ STEP 4 STEP 5 681S0 FIRE BATT CHIEF-DAYS F65 27.8480 29.241D 50.7050 52.2440 $$.8510 68152 FIRE BATT CHIEF-SUPPRESS F60 19,8910 20.8870 21.9510 25.0500 24.1800 67180 FIRE CAPTAIN - DAYS FSS 22.8960 24.0540 25.2660 26.5440 28.7280 67182 FIRE CAPTAIN - SUPPRESSION FSO 16.5550 17.1860 18,0450 18,9660 19.9260 68440 FIRE HARSHALL/TRAINING OFFICER F70 29.2130 50.67S0 52.2110 55.8220 55,5090 EXHIBIT I C~ty of Bakersfield Bakersfield Fireman's Labor Organization Drug and Alcohol Policy Article 1 It is the purpose of this policy to maintain a drug-free work environment, to eliminate substance abuse and its effects in the workplace, and to ensure that employees are able to perform their duties safely and, efficiently in the interests of the public, the City, their fellow employees and themselves. B.F.LO. and the City recognize ~hat drug or alcohol use in the workplace is a sedous problem which can jeopardize the employee's s~fety, morale, productivity, and service to the public. The parties further., recognize the importance of a safe, heeithy and productive work environment and the need to eliminate substance abuse in the workplace. The City and B.F.L.O. agree that employees who use or possess illicit drugs or alcohol on the job, or are under the imluence of or impaired by illicit drugs or alcohol on the job, have committed a violation of this policy and shall be subjected to disciplinary action. The City and B.F. LO. recognize that employees have a dght to personal pdvacy and confidentiality as long as their conduct does not affect their ability to fulfill their duties to the employer. The goals of this policy are to prevent drug and alcohol use and impairment on the job, and to encourage voluntary treatment and rehabilitation of those employees who acknowledge having a drug or alcohol problem that affects their ability to fulfill their employment duties. The City is supportive of those who seek help voluntarily and may authorize the use of eamed sick leave, vacation or leave of absence to obtain such assistance. The City Will be equally committed to identifying and disciplining those who continue to be substance abusers and do not seek help. This policy agreement applies to all employees and pertains to all substances, drugs or medications, legal:and iliagat, that could impair an employee's ability to effectively and safely perform the functions of'the job. All testing pursuant to this agreement will be based solely upon "reasonable suspicion.' Article 2 All employees shall be provided with a copy of this agreement. Newly-hired employees shall be given a copy of this agreement upon employment. Supervisors shall be familiar with the provisions of the agreement and shall be available to respond to questions. The City shall periodically disseminate educational materials regarding drug and alcohol use and abuse to all management, as well as represented employees. A~I employees, including management and supervisory personnel, shall be trained, wi~'l periodic updating, to correctly identify symptoms of drug or alcohol use. Training shall include observation, docu~mentation and reporting proceciures and methods to identify workplace substance abuse. Any supervisor who has not received appropriate training shall be deemed incapable of having 'reasonable suspicion' under this agreement unless such reasonable suspicion is consistent with the criteda outlined in Article 4. Article 3 No employee shall possess or use any unlawful substance or drug. While on duty, no employee shall bring onto City property or have in his or her possession or ingest any alcoholic beverage, controlled substance, or drug, illicit or legal, unless such employee has lawfully been prescribed the controtled substance by his or her physician. Employees shall not presen_t themselves for duty while under the influence of drugs or alcoh(51. Determination of being under the influence of drugs and alcohol must be made on a case-by-case basis as described in Article 4. Employees shall notify their supervisor of the effects or possible effects of medications or drugs~ prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment. The employee, when asked, shall provide their supervisor with w~tten proof from a physician stating the medication will riot interfere with their proper performance. Employees must provide, within a reasonable period of time, bona fide verification of a valid prescription for any potentially impairing drug or medication identified when a drug screen and confirming (Gas Chmrnatography-M_ass Spect~ometry) test is positive. Article 4 The City may require an employee to submit to a medical evaluation or a drug screen only when the employer has a reasonable suspicion that the employee is under the influence of drugs or alcohol, and where the specific procedures provided below ~re followed. Random, mass or individually scheduled testing of employees for drugs or alcohol which is not based on reasonable suspicion and not performed pursuant to the specific procedures described below is prohibited by this ardcle of the collective bargaining agreement. Reports of drug use or aberrant behavior which are not confirmed by specific observations as provided below shall not constitute reasonable suspicion in and of itself. 'Reasonable suspicion' may exist when one or more of the elements in section (a), below, together with one or more of the factors listed in sections (b) and (c) are present: (a) An employee observes another employee exhibiting aberrant behavior, inability to do their job, using an illegal or otherwise controlled substance, as defined by the Health and Safety Code, at the worX site. possessing drugs or alcohol at the worXsite or other signs or symptoms of being under the influence, or based on information provided by two or more reliable informants; (b) The employee's behavior or symptoms are observed and confirmed by a supervisor. if possible. (c) The symptoms and/or behavior are of the type recognized and accepted by medical science as being under the influence caused by alcohol or controlled substances which may include, but are not limited to: (1) (2) (3) (,~) (6) (7) (8) Slurred speech Drowsiness or actual sleeping during worX hours Red, watery eyes Dilated and/or constricted pupils Odor of alcohol on the breath Unsteady gait Changes in appearances Poor worX performance (9) Absenteeism (10) Change in pemon's at~tude/demeanor (11) Excessive tardiness In determining if 'reasonable suspicion* exists. the supervisor may consider other factore (such as, but not limited to, fatigue, lack of steep, reactions to noxious fumes or smoke, etc.) which may explain the behavior of the employee. The involvement of an employee in an accident or on-the-job injury shall not, standing alone, constitute the 'reasonable suspicion" required by this agreement, Each supervisor, employee, or other witness who observes on-duty conduct tending to establish 'reasonable suspicion" will document in writing the specific symptoms or behaviors observed at the time of the observations. When an employee has reasonable suspicion that a management or other employee may be under the influence of drugs or alcohol or is othenNise impaired while on duty, the employee shall immediately report that suspicion to the Fire Chief, the Deputy Fire Chief or their designee who is then under obligation to investigate. Failure to report may. result in disciplinary action. The arrest for or conviction of a drug-related offense constitutes 'reasonable suspicion' that the employee is under the influence of drugs or controlled substances as defined by the Health and Safety Code. Article 5 No drug testing or medical evaluation of the employee may be orderea without the written consent of the Fire Chief or the Deputy Fire Chief. If neither party is available, then said consent may be given by their designee. The writ'ten consent will be done as soon as practical, but will not delay the d~g test. When a manager/supervisor has reasonable suspicion that an employee is under the influence of or impaired by alcohol or a controlled substance. he or she shall immediately notify the Fire Chief. Deputy Fire Chief or their designee and provide the information of 'reasonable suspicion' as required by Article 4. Article 6 The Fire Chief, Deputy Fire Chief or their designee, shall decide, after considering all information, if an interview is deemed appropriate. Upon such notification, the Fire Chief, Deputy Fire Chief or their designee shall, if possible, observe the employee exhibiting the suspicious conduct and/or symptoms and shall, if possible, interview the employee. The subject employee shall have the dght to B.F.L.O. representation dudng such interview, if he or she so requests, and the employee shall be advised of that dght by the Fire Chief, Deputy Fire Chief or their designee pdor to the interview. The employee and, if applicable, the i~.F.L.O. representative shall upon request be gNen copies of all available documents of reasonable suspicion and have sufficient time (but in any event, no longer than one half (y=) hour) to review these documents before the interview commences. During the interview, the Fire Chief, Deputy Fire Chief or their designee shall give the employee the opportun~y to explain his or her contrition and the Fire Chief, Deputy Fire Chief or their designee shall keep a record of the interview. III If, after observing and eonversing with the employee, reviewing the reporting manager's documentation and fairly considehng the employee's explanation, the Fire Chief, Deputy Fire Chief or their designee believes reasonable suspicion exists that the employee is under the influence of alcohol or controlled substances, he/she may order the employee to undergo drug screening pursuant to the following procedures. Such order will be in writing, signed by the Fire Chief, Deputy Fire Chief or their designee and provided upon request to the employee and/or B.F.{-O., if possible. If reasonable suspicion exists, the employee shall have two optiKns if ordered to submit to a drug test: ao Submit to urine testing for the presence of a controlled substance and release results to the Fire Chief or Deputy Fire Chief (if the drag test results for a controlled substance are positive, the employee shall be subject to d!sciplincry action up to and including termination); or Decline testing (if the employee meets the criteda for reasonable suspicion and refuses to comply with an appropriate order to submit to drug testing, the employee must~e advised that such refusal constitutes insubordination and that sedous disciplinary action, up to and including termination, may result). After careful review of the employee's record, with approval of the Fire Chief, the employee may elect to enter a drug rehabilitation program. Anyone who comes forward and asks for help witl have the opportunity to be referred for rehabilitation. If the employee fails to complete the rehabilitation program, the City may initiate disciplinary action up to and including termination. If the employee completes the program, the employee may be returned to his or her former position and will be subject to random testing twice monthly for up to 18 months. Any second- time offender is subject to termination. Article 7 Employees ordered to submit to a medical evaluation or drug test shall be referred by the appropriate authority to a designated accredited medi,cal facility or emergency room (Note: C~ty Physician or Memorial Hospital). The employee shall be driven to the clinic (and subsequently ddven home) by a pemon designated by the C~b/, and may be accompanied by R.F./O. or other representative if the employee chooses. The employee shall produce and submit a udne sample for analysis in accordance with recognized chain-of-custody procedures. The employee may request that the B.F.L.O. representative be allowed to accompany the employee to the testing site and observe the process consistent with the chain-of-custody procedures. The collection of the specimen shall be in accordance with standard protocol. All specimen containers shatl be sealed with tamper-proof evidence tape and labeled with the employee's identification number in the presence of the employee and the Union representative, if Union representation is requested by emptoyee. Availability of Union representation will not be an issue to testing the employee. IV OF~tGiNAL All testing shall be done by a taboratory certified by the National Institute on Drug Abuse (NIDA) and licensed by the State of Califomia. Such laboratory shall perform such quality assurance measures as will ensure the accuracy of the results it reports. All samples shall be tested, but not limited to, using a screening test comparable, to, but not limited to the following: Enzyme Multiplied Immuno Technology, Thin Layer Chmrnatography, High Pressure Liquid Chromatography, or Antibody/Immunological testing. Following the screening test, all positive samples must then be subjected to a confirming test, using Gas Chromatography-Mass Spectrometry (GC-MS). Both samples must be determined to be positive on the screening and confirmation tests to be deemed positive. The standard for a finding of positive shall be in accordance with the standards established by the National Toxicology Laboratories, Inc. The following is a list of drugs and their cutoff values in ng/ml: DRUGS AMPHETAMINES amphetamine methamphetamine SCREENING 300 BARBITURATES amobarbital butabarbital butalbital pentobarbital phenobarbital secobarbital 300 BENZODIAZEPINES CANNABINOIDS 3O0 25 COCAiNE benzoylicognine 30O OPIATES codeine heroin as morphine morphine 3O0 METHADONE 300 METHAQUALONE 300 PHENCYCUDINE 25 PROPOXYPHENE norpropoxyphene 300 ETHANOL 0.05% V ORIGINAL Using scientifically accepted protocol, a sample of the urine shall be retained for a pehod of-90 days for independent testing at the employee's request. Article 8 The physician or health care practitioner shal~l immediately report the results of the test to the Fi~e Chief. The Fire Chief or the Deputy Fire Chief shall notify the affected employee. When the results are negative, the employee shall be entirely vindicated of any wrongdoing related to substance abuse. - If the sample is positive, it ~11 be concluded that the employee recently was using the drug for which he/she tested positive. If samples are reported positive, appropriate disciplinary measures shall be taken. The City shall, if requested, present the employee with a copy of all of the laboratory reports including, but not limited to, all test results, computer printouts, interpretations, graphs, repo~ and chain-of-custody forms, and a copy of all materials upon which disciplinary action is based. B.F,LO. and/or the employee shall have 90 days in which to request the odginal sample §e ratested. If the screening and GC-MS tests are positive, Skeily procedures will be commenced immediately. Except as provided in Item 3, above, the test results and other related lab test reports, if any, shall be transm~ed directly to the Fire Chief and the Deputy Fire Chief and shall not appear in an employee's general personnel folder. Information of this nature will be contained in a separate confidential medical folder that w~11 be secureh,, kept under the control of the Fire Chief. 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. Disclosure without patient consent may also occur when: a. The information is compelled by law or by judicial or administrative process; b. The information has been placed at issue in a formal dispute between the employer and employee; The information is to be used in administering an employee benefit or assistance plan; The information is needed by medical personnei for diagnosis or treatment of a patient who is unable to authorize disclosure; or The patient and employer agree to the employee's participation in a substance abuse program, and the information is needed to formulate an appropriate rehabilitation program. Article 9 Employee on their own volition may seek voluntary assistance for alcohol or substance abuse problems without prejudice. Voluntary assistance does not include situations where the substance abuse problem has been discovered by the City. An employee who seeks voluntary assistance shall not be disciplined or illegally discriminated against for seeking such assistance. Requests for such assistance shall remain confidential and shall not be revealed to other employees. However, said information may be revealed to management personnel by the Fire Chlaf or Deputy Fire Chief on a need-to-know basis, with notification to the employee and justification therefor. ORiGiNAL Employees are responsible for payment for such programs; however treatment may be covered by the group medical plan. It is the empioyee's responsibility to ascertain this information. Any drug or alcohol testing pedormed pursuant to a voluntary treatment or rehabilitation program shall remain confidential. Article 10 Results of all urine tests performed pursuant to this agreement will be considered medical records and will be held in confidentiality to the extent permitted by law. Notwithstanding any provision in this policy, the parties understand that the City may pursue administrative action based on internal investigation of off-duty misconduct. Any disputes over the meaning or application of this agreement shall be resolved pursuant to the gnevance arbi~ation procedure of the collective bargaining agreement. This agreement is in no way intended to supersede or waive an empioyee's federal or state constitutional fights and/or protection, nor to supersede any state or federal law pertaining to any aspect of this agreement. Article 11 The City and B.F.I_O. encourage the voluntary utilization of Employee Assistance Programs The EAP is available for assessment, diagnosis and refen'al to treatment. Any employee wishing confidential assistance can call the EAP provider and arrange an appointment with a counselor. All EAP contacts are held in strict confidence by the EAP unless the mpioyee requests, through specific written author,.zation for the release of information, that the Monaga. of Human Resources, supervisor, bargaining unit or other parties be notified. In the event an employee is utilizing E. AP services for substance abuse, the Fire Chief, Deputy Chief or their designee shall be provided progress reports to insure compliance with the program. The employee's compliance with the EAP program is voluntary. Absent just cause, the employee's job security and/or promotional opportunities will not be jeopard~ed by voluntary participation in the EAP. Howeva', use of the program does not represent absolution for unsatisfactory job performance or conduct. Sick leave can be utilized for sei/-referral appointments during regutar work hours if the employee is unable to schedule them during off-duty hours. Any earned leave time may be utilized for E. AP participation. If an employee requires additional time, he/she may request a medical leave of absence without pay subject to approval by the Fire Chief and/or City Manager or City Council. VII ORiGINAl., RESOLUTION NO. 227-88 A RESOLUTION OF T~E COUNCIL OF T~E CITY OF BAKERSFIELD REGARDING CITY CONTRIBUTIONS TO PREMIUMS FOR RETIREES "FEE FOR SERVICE" HEALT~ PLAN. W~EREA$, the City of Bakersfield wishes to accurately calculate retiree claims costs; and W~EREAS, said calculation will, through separate experience rating, result in increased retiree premiums on the "Fee for Service" Health Plan; and W~EREAS, the active employee groups expressed their concerns that adjusted higher rates for the "Fee for Service" Health Plan should be shared by the City. NOW, T~EREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. Forty-two percent (42%) of the actual premium for the "Fee for Service" Retiree Health Plan shall be paid by the City of Bakersfield; and 2. The balance of the above premium shall be calculated pursuant to the formula attached on Exhibit "A." 3. Retired employees covered under the HMO Insurance (Health Net Plan) shall only receive City contributions under the formula described in Exhibit ......... o0o .......... EXHIBIT ",'_Z-" OF~GINAL I ~EREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 16, 19~8 by the following vote: , AYES: COUNCILMEMBERS: CHIU~ NOES: COUNClLI~IEMSERS: None ASS,E NT. ¢OUNClLME.MBERS: None A85~ AiN~N,G' COU~II.~MEMBERS. No~e CITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED November 16, 1988 MAYOR of the City ~f Bakersfield APPROVED as to form: LC/lg ~, R RES 4 RETIREE. 1 Attachment - Exhibit "A" 11/15/88 EXHIBIT" EXHIBIT "A" CURRENT FORMULA FOR CITY CONTRIBUTION RETIRED EMPLOYEES GROUP Effective May 1, 1985, retired employees covered under the City's health plan shall receive City contributions based on the following formula: the City shall contribute two percent (2%) of the monthly premium for Health Net (under age 65 rate) times each year of service (to the nearest half year) for single- party coverage, and one and one-half percent (1-1/2%) of monthly premium for two-party coverage for Health Net (under age 65 rate) times each year of service (to the nearest half year) for retired employees with two-party and family coverage. LTC/lg R RES 5 RETIREE.3 O[IlG~NAL - 3 -