031 of 1997 - Approving an amendment to the Memorandum of UnderstandingSALT LAKE CITY ORDINANCE
No. 31 of 1997
(Approving an amendment to the Memorandum of Understanding
between the City and the International Association of
Firefighters, Local 1645, representing the
"400" Series employees and appropriating necessary funds to
implement, for fiscal year 1997-98, the provisions of the amendment
and the second year of the Memorandum of Understanding.)
AN ORDINANCE APPROVING AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1645,
REPRESENTING THE "400" SERIES EMPLOYEES AND APPROPRIATING
NECESSARY FUNDS TO IMPLEMENT, FOR FISCAL YEAR 1997-98, THE
PROVISIONS OF THE AMENDMENT AND THE SECOND YEAR OF THE
MEMORANDUM OF UNDERSTANDING.
PREAMBLE
The City Council, in Salt Lake City Ordinance No. 39 of 1996,
approved a Memorandum of Understanding between Salt Lake City
Corporation and the International Association of Firefighters, Local 1645, as
the certified bargaining representative for the "400" Series City employees.
The Memorandum of Understanding is a two year agreement. The City
Council appropriated necessary funds required to implement the provisions of
the Memorandum of Understanding for fiscal year 1996-97. For fiscal year
1997-98, the Memorandum of Understanding is subject to appropriation of
funds by the City Council. The City Council, therefore, wants to appropriate
funds to implement the provisions of the Memorandum of Understanding for
fiscal year 1997-98.
Further, the International Association of Firefighters, Local 1645, and
the City entered into an amendment to the Memorandum of Understanding
allowing "400" Series employees, hired prior to November 16, 1997, to elect
coverage under an optional leave plan and requiring "400" Series employees
hired after November 16, 1997 to be covered by the optional leave plan.
The City Council, therefore, wants to approve the amendment and
appropriate funds to implement it.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSES. The purposes of this ordinance are to:
1. Appropriate necessary funds to implement, for fiscal year
1997-98, the provisions of a Memorandum of Understanding approved by
the City Council in Salt Lake City Ordinance No. 39 of 1996 between Salt
Lake City Corporation and the International Association of Firefighters, Local
1645, as the certified bargaining representative for the "400" Series City
employees; and
2. Approve the attached amendment to the Memorandum of
Understanding between the City and the International Association of
Firefighters, Local 1645.
SECTION 2. APPROPRIATION. The City Council hereby appropriates
necessary funds to implement, for fiscal year 1997-98, the provisions of a
Memorandum of Understanding between the International Association of
2
Firefighters, Local 1645, representing the "400" Series City employees and
Salt Lake City Corporation as approved by the City Council in Salt Lake City
Ordinance No. 39 of 1996.
SECTION 3. APPROVAL OF AMENDMENT. The attached amendment
to the Memorandum of Understanding between the City and the International
Association of Firefighters, Local 1645, is hereby approved subject to
appropriate ratification by the "400" Series City employees. Funds are
hereby appropriated to implement the provisions of the attached amendment.
SECTION 4. AUTHORIZATION. The Mayor of Salt Lake City, Utah is
hereby authorized to act in accordance with the terms and conditions of the
attached amendment to the Memorandum of Understanding between the
City and the International Association of Firefighters, Local 1645, when it is
properly ratified and executed.
SECTION 5. EFFECTIVE DATE. This ordinance shall be deemed
effective on its first publication.
Passed by the City Council of Salt Lake City, Utah, this loth day of
June , 1 997 .
ATTEST:
CHIEF D UTY CI Y RECSRDER
APPROVED AS TO FORM
Salt Lake City Attorney's Ot ic.e
Date ,
3
Transmitted to the Mayor on 6-10-97
Mayor's Action: xxx Approved. Vetoed.
ATTEST:
(SEAL)
Bill No. 31 of 1997.
Published: -i - 1-97
g:\ordin97\appropriating funds for 400 MOU
MAYOR
4
AMENDMENT TO MEMORANDUM OF UNDERSTANDING RECORDED
JUN 1 0 1997
CITY RECORDED
THIS AMENDMENT to Memorandum of Understanding is entered into
tek
this )O day of Jcc 4k, , 1997 by SALT LAKE CITY
CORPORATION ("City") and LOCAL 1645 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTER, ("Union").
WITNESSETH:
WHEREAS, the City and the Union entered into a Memorandum of
Understanding dated June 7, 1996 ("MEMORANDUM"); and
WHEREAS, the City and the Union want to amend the
MEMORANDUM to provide an optional paid personal leave plan for
employees hired before November 16, 1997 and requiring employees hired
after November 16, 1997 to be covered by the optional personal paid leave
plan.
NOW, THEREFORE, the parties amend the MEMORANDUM as follows:
Article XXV shall be added and shall read as follows:
XXV. OPTIONAL PAID PERSONAL PLAN
A. Effective November 16, 1997, there shall be available to
employees an optional paid personal leave plan as provided in
this paragraphs XXV ("Optional Plan"). The Optional Plan shall
be in lieu of and replace the following articles in the
MEMORANDUM: Article IX.A, B, C, D, E, F, G, H, I, J and K -
Sick Leave, Hospitalization and Retirement Benefits, Article X.A
- Funeral Leave and Article X.E - Dependent Leave.
B. Coverage. In order to be covered by this Optional Plan:
1. The employee must have been hired before November 16,
1997; and
2. The employee must, between July 15, 1997 and October
15, 1997, sign and deliver to Human Resource
Management, a written authorization form electing to be
covered by this Optional Plan rather than the provisions of
the MEMORANDUM specified in subparagraph A.
C. Employees Not Electing to be Covered. Employees who do not
elect to be covered by this Optional Plan as provided herein shall
continue to be covered under the provisions of the
MEMORANDUM specified in subparagraph A.
D. Employees Hired After November 16, 1997. Employees hired
on or after November 16, 1997 shall be covered by the Optional
Plan.
E. Optional Plan. Under this Optional Plan, paid personal leave
shall be provided for employees as insurance against loss of
income when an employee needs to be absent from work
because of illness or injury, to care for a dependent,
bereavement leave or for any other emergency or personal
reason, subject to the operational requirements of the City.
F. Amount of Paid Personal Leave. Each employee under this
Optional Plan shall be awarded, at the beginning of the second
pay period of November in each calendar year, paid personal
leave hours based on the following schedule:
Months of
Consecutive
City Service
Hours or Shifts of
Personal Leave
Less than 6 40 hours for non -combat personnel
or 2.5 shifts for combat personnel
Less than 24 60 hours for non -combat personnel
or 4 shifts for combat personnel
24 or more 80 hours for non -combat personnel
or 5 shifts for combat personnel
G. Convert or Carryover Paid Personal Leave. On or before the
beginning of the second pay period of November in each
calendar year, employees covered by this Optional Plan may
elect, by notifying Human Resource Management in writing, to:
2
1. Convert any unused paid personal leave hours available at
the end of the first pay period of November for a lump
sum payment equal to the following: For each converted
hour, the employee shall be paid 50 percent of the
employee's hourly base wage rate in effect on date of
conversion. In no event shall total pay hereunder exceed
40 hours pay (or 2.5 shifts for combat personnel), or
2. Carryover to the next calendar year up to 80 unused paid
personal leave hours (or 5 shifts for combat personnel), or
3. Convert a portion of unused paid personal leave hours, for
a lump sum payment as provided in subparagraph G.1
above and carry over a portion as provided in
subparagraph G.2 above.
H. Maximum Accrual. A maximum of 80 hours (or 5 shifts)of paid
personal leave may be carried over to the next calendar year.
Any paid personal leave hours unused or converted before the
end of the calendar year in excess of 80 (or 5 shifts) shall be
converted to a lump sum payment as provided in subparagraph
G.1 above.
Termination Benefits. At termination of employment for any
reason, accumulated unused personal leave hours shall be paid
to the employee at 50 percent of the hourly base wage rate on
date of termination for each unused hour subject to
appropriation of funds. For purposes of this benefit, paid
personal leave will be prorated based on when, in the calendar
year, the employee terminates employment with the City.
J. Conditions of Use. Conditions on use of paid personal leave
are:
Based upon the need to operate at acceptable staffing
levels, and to maintain the safety of the public and Fire
Department personnel, the following conditions on use
apply:
a. Minimum use of paid personal leave is in four (4)
hour increments.
b. Paid personal leave requests shall be granted on a
first requested first granted basis, with forty eight
(48) hours' prior notice. Paid personal leave will
not be granted if this use will reduce staffing below
acceptable levels, considering firefighter and public
safety. The Chief of the Department has
determined that firefighter safety is a prime
concern of all involved and operating fire apparatus
with at least four firefighters has proven safer than
operating with less. The Union and the City agree,
however, that staffing is a management
prerogative and this provision shall not be
3
construed as setting the Department's staffing
levels.
c. In situations where paid personal leave is used for
illness, dependent or funeral leave, notice should be
given as soon as possible, but in no case less than
one (1) hour prior to shift change.
K. Bereavement Leave. Under this Optional Plan, time off with pay
will be granted to an employee who suffers the loss of a wife,
husband, child, mother, father, brother, sister, father-in-law,
mother-in-law, son-in-law, daughter-in-law, grandfather,
grandmother, grandchild, or stepchild, stepmother, stepfather,
stepbrother or stepsister. In the event of death in any of these
instances, the employee will be paid his/her regular base pay for
scheduled work time from the date of death through the day of
the funeral, not to exceed 5 working days. Employees will be
permitted one additional day of funeral leave on the day
following the funeral if such funeral is held more than 150 miles
distance from Salt Lake City and if the day following the funeral
is a regular work shift. Satisfactory proof of such death,
together with the date thereof, the date and location of the
funeral, and the date of burial, must, on request, be furnished
by the employees to their supervisor. The provisions of this
paragraph shall not be applicable to employees who are on leave
of absence.
L. Severance Benefit.
1. Employees covered under the Optional Plan who are hired
before November 16, 1997, and who elect in writing
during the period between July 15, 1997 and October
15, 1997, as provided in this paragraph XXV to be
covered under the Optional Plan, shall have a severance
account equal to sixty percent of their accumulated
unused sick leave hours available on November 16, 1997.
The conversion percentage in future enrollment periods
may vary. The amount in the employee's severance
account shall be stated on the employee's payroll check
stub.
2. After November 16, 1997, the employee shall have no
other accumulated sick leave except for those hours in
the severance account.
3. Payment of the Severance Account.
a. All of the hours in the severance account shall be
payable at retirement as follows: The employee
shall be paid the employee's hourly rate of pay on
date of termination for each hour in the employee's
severance account.
4
b. In lieu of the above, the employee may elect to
convert the severance account payment as
provided herein to hospital and surgical coverage.
Such payment shall be subject to any state and
federal income and social security tax withholding
required by law. An employee's available dollar
allowance determines the number of months of
medical and surgical coverage which may be
purchased. If insurance costs increase due to
group experience, the number of months of
coverage will decrease.
4. Because of this severance benefit, employees covered by
this Optional Plan shall not be eligible for any benefits
under Section 2.52.025 of the Salt Lake City Code.
5. Hours may be withdrawn from the severance account for
emergencies after personal leave hours are exhausted,
and with approval of the employee's appropriate Battalion
Chief. Approval shall not be unreasonably denied. It is
understood that hours used from the severance account
shall be governed by the same rules of usage that are
applied to sick leave hours. Severance account hours
may also be used as a supplement to Workers
Compensation benefits which, when added to the
employees' workers' compensation benefits, equals the
employee's regular net salary. The employee must make
an election in writing to the Director of Management
Services to use severance account hours as to
supplement workers' compensation benefits.
M. On January 1, 1998, employees under this Optional Plan may
convert sick leave accrued and unused from January 1, 1997 to
November 15, 1997 to vacation according to the schedule
provided in paragraph IX.D of the MEMORANDUM.
N. Short Term Disability Insurance. Protection against loss of
income when an employee is absent from work due to short
term disability shall be provided to employees covered under this
Optional Plan through short term disability insurance (SDI).
There shall be no cost to the employee for SDI. SDI shall be
administered in accordance with the terms determined by the
City. The City will seek recommendations from its benefits
committee. As one of the conditions of receiving SDI, the
employee may be required to submit to a medical examination.
The agreement between the City and Third Party Administrator
of the SDI program will be available for review in the City's
infobase and at the Human Resource Management Office. At
the request and agreement of the employee, the City may, if
available and with proper medical releases, provide temporary
Tight duty assignments to employees on SDI.
O. Except as provided herein, the MEMORANDUM, including
Article XXIV, shall remain in full force and effect.
5
P. This amendment agreement shall be effective subject to
approval by the City Council and appropriation of funds.
IN WITNESS WHEREOF, the parties hereto have fixed their hands and
seals the day and year first above written.
SALT LAKE CITY CORPORATION
ATTE
RECORDED
JUN 1 0 1997
CITY RECORDS
DEPUTY CI ' RECODER
MAYOR
LOCAL 1645 OF THE
INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS
APPROVED AS TO FORM
Salt Lake City Attomey's Office
Date 6. 'I '
e
6
STATE OF UTAH
: ss.
County of Salt Lake
On the /04 day of JGt►t)E , 1997, personally appeared
before me TONY BICKMORE, who being by me duly sworn, did say that he is
the President of the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
Local 1645 and that his execution hereof constitu
on behalf of said UNION and its membershi
My
NOTARY PUBLIC
July 10.191X1
SCOTT C. CRANDALI.
451 South State $415
ll+dt L.A.s Qty. Ut h $411t
g:\unions97\amend mou fire
alid and bindi
P•
-A,,,,,
N* ARY PUB IC, residing
7
alt Lake County, Utah