031 of 2004 - 400 Series City employees (firefighters) a 0 04-1
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SALT LAKE CITY ORDINANCE
No. l i of 2004
(Approving a Memorandum of Understanding
between Salt Lake City Corporation and
Local 1645 of the International Association of Firefighters
representing the "400 Series" City Employees and Appropriating
Funds Necessary to Implement that Agreement for
Fiscal Year 2004-2005)
AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN SALT LAKE CITY CORPORATION AND LOCAL 1645 OF THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS REPRESENTING THE "400
SERIES" CITY EMPLOYEES, WHICH SHALL BECOME EFFECTIVE ON PROPER
RATIFICATION AND SIGNATURE, AND APPROPRIATING FUNDS NECESSARY TO
IMPLEMENT THAT AGREEMENT FOR FISCAL YEAR 2004-2005.
PREAMBLE
Local 1645 of the International Association of Firefighters as the Certified Bargaining
Representative for the "400 Series" City Employees, and the Mayor, have agreed to a
Memorandum of Understanding subject to appropriate ratification by the "400 Series" City
employees and signature of the parties.
Section 9(c) of the Salt Lake City Third Amended Labor Bargaining Resolution, dated
April 10, 1984,provides that no collective bargaining Memorandum of Understanding shall be
effective until the City Council approves the Memorandum of Understanding, enacts
implementing legislation and appropriates all required funds.
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The attached Memorandum of Understanding is a 3 year agreement effective for fiscal
years 2004/05 . The Memorandum of Understanding shall be subject to appropriation of
2005/06
2006/07
funds by the City Council for each year.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. PURPOSE. The purpose of this Ordinance is to approve the attached
Memorandum of Understanding which shall become effective on appropriate ratification by the
"400 Series" City employees and on signature of the Mayor, as the Chief Administrative Officer
for the City and Local 1645 of the International Association of Firefighters representing the "400
Series" employees, pursuant to Section 9(c) of the Salt Lake City Third Amended Labor
Bargaining Resolution dated April 10, 1984, and to appropriate the funds necessary to implement
that agreement for fiscal year 2004-2005.
SECTION 2. APPROVAL OF AGREEMENT. The attached Memorandum of
Understanding between the City and Local 1645 of the International Association of Firefighters
is hereby approved.
SECTION 3. APPROPRIATION. The City Council hereby appropriates the funds
necessary to implement, for fiscal year 2004-2005, the provisions of the Memorandum of
Understanding between the City and Local 1645 of the International Association of Firefighters
Representing the "400 Series" employees.
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 Memorandum of
Understanding when it is properly ratified and executed.
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SECTION 5. EFFECTIVE DATE. This Ordinance shall be deemed effective on July 1,
2004.
Passed by the City Council of Salt Lake City, Utah, this 17th day of
June , 2004.
CHAIR/3 S N UM
ATTEST:
CITY RECORDER
Transmitted to the Mayor on June 17, 2004 ,
Mayor's Action: Approved Vetoed
Published: July 1, 2004
AYOR
ATTEST:
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RECORDED
JUN 18 2004 SLC Contract No. 16-1-04-0604
CITY RECORD E EMORANDUM OF UNDERSTANDING
A MEMORANDUM OF UNDERSTANDING, entered into this 18th day of June 2004,
by SALT LAKE CITY CORPORATION, ("CITY"), and Local 1645 of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, ("UNION").
WITNESSETH:
WHEREAS, the CITY has endorsed the practices and procedures of collective
bargaining, as a fair and orderly way of conducting its relations with its employees, insofar as
such practices and procedures are consistent with it performing the functions and obligations of
the CITY and so long as it can effectively manage and conduct CITY affairs; and
WHEREAS, the collective bargaining process has, over the years, generated various
foul's of compensation yielding the compensation package described in this MEMORANDUM
OF UNDERSTANDING ("MEMORANDUM"). At times, increased benefits have been
provided in lieu of wage increases. In full settlement of all wage and contractual issues, the
parties agree to the terms and conditions of the following MEMORANDUM effective July 1,
2004, through June 30, 2007;
WHEREAS, the parties recognize that this MEMORANDUM does not modify any of the
discretionary authority vested in the CITY by the Constitution and statutes of the state of Utah,
the body of the law developed there under, or under its Ordinances or Resolutions;
NOW, THEREFORE, the parties hereto declare their mutual understandings as follows:
ARTICLE I
AUTHORITY
The CITY and UNION have negotiated this MEMORANDUM pursuant to and
consistent with the CITY's Labor Bargaining Resolution of November 16, 1977 ("Resolution"),
as amended on April 10, 1984, to provide fair compensation for 400 Series employees, to prevent
work interruptions, to promote efficient operations of the CITY,to promote safe operations in
the Fire Department, and to provide an orderly and prompt method of handling grievances.
ARTICLE II
RECOGNITION
The CITY recognizes the UNION as the exclusive bargaining agent for full-time
employees in the Fire Department UNIT (the "UNIT"), as deteiniined by the Resolution and
within the policies adopted by the Mayor, for the purpose of negotiating wages, hours, and other
conditions of employment for said UNIT employees.
ARTICLE III
RIGHTS AND OBLIGATIONS
A. MANAGEMENT RIGHTS
The CITY retains the exclusive right to manage all phases of its operations and to direct
UNIT employees except as specifically modified, delegated, or relinquished under the terms of
this MEMORANDUM.
B. NO-STRIKE CLAUSE
Neither the UNION, nor any employee of the UNIT, shall promote, sponsor, or engage
in, or encourage, directly or indirectly, any strike, slowdown, interruption of operations, absence
from work upon any pretext or excuse, sick-out, withholding of services, interference with
services provided by the CITY, or any other interruption of the CITY's operations during the
term of this MEMORANDUM, and the UNION will use efforts to induce all employees covered
by this MEMORANDUM to comply with this Section B.
C. NO LOCKOUT CLAUSE
The CITY will not lock out any employees during the teiiii of this MEMORANDUM.
D. EMPLOYEE RIGHTS
UNIT employees shall have the right to join and participate in the activities of the
UNION for the purpose of representation on matters of employee relations subject to the
Resolution or to refuse to join or participate in such activities and shall have the right to
represent themselves individually in their employment relations with the CITY. UNIT
employees shall be free from any and all restraint or coercion in the exercise of their rights and
shall not be discriminated against by the CITY or the UNION because of membership or non-
membership.
E. UNION RIGHTS
The UNION shall have the right to present its views to the CITY either in written or oral
foi IIi.
F. DUES DEDUCTION
The CITY agrees to deduct once each month UNION membership dues from the pay of
those employees who individually request in writing such deductions and to forward all collected
dues to the UNION on a monthly basis. The CITY further agrees to cease deduction of such fees
upon written request by the UNIT employee. In the event a UNIT employee requests to cease
deductions for UNION membership dues, the CITY will immediately notify the UNION of such
request.
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The CITY will be notified by the UNION of any change in the rate of membership dues
thirty (30) days prior to the effective date of such change.
ARTICLE IV
REPRESENTATION
This article sets forth matters relating to representation of Employees in their
employment relations with the CITY.
A. UNION REPRESENTATION RIGHTS AND OBLIGATIONS
1. The UNION accepts the responsibility for, and agrees to represent in good faith,
the interests of all employees in the UNIT without discrimination and without regard to
membership in the UNION. The UNION shall deteiiuine the method and means of such
representation in the fulfillment of this paragraph.
2. No Employee shall be represented in his or her employment relations with the
CITY by an agent or representative of a competing employee organization other than the
UNION.
3. UNION representatives shall, upon proper notification to their immediate
supervisors,be allowed a reasonable opportunity during working hours to investigate and resolve
grievances. In no event shall such activity exceed two hours per week unless otherwise approved
by the Fire Chief or designee. UNION representatives will be held to the same standard of
confidentiality in these matters as the CITY. Any discussion among the UNION representative,
the employee, and the CITY concerning settlement of items grieved will be privileged matters
and may not be used for any other purpose by either party.
4. UNION representatives may not delay, interfere with, or otherwise obstruct any
lawful investigation conducted by the CITY in compliance with the teiuis and conditions of this
MEMORANDUM.
B. EMPLOYEE REPRESENTATION RIGHTS
1. An Employee may be accompanied and assisted by a representative of his/her
choice at all times when subject to investigation for alleged acts of misconduct or substandard
perfoiiiiance. The representative may not be a person subject to the same investigation.
2. An Employee may be accompanied and assisted by a representative of their
choice during any pre-disciplinary hearing.
3. An Employee shall be granted a reasonable amount of time to obtain such
representation prior to any investigation or pre-disciplinary hearing, without threat of
disciplinary or other adverse employment action.
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4. The Employee's right to representation does not apply to routine, undocumented
inquiry, coaching, instruction, or direction given to an Employee by their Captain or immediate
supervisor.
5. An Employee may be accompanied and assisted by a representative of his/her
choice at any phase of the grievance process.
ARTICLE V
WAGE SCHEDULE AND LONGEVITY
Unit employees, who have completed six continuous years of CITY employment, shall
receive a monthly longevity benefit in the sum of$50. Said benefit shall be $75 per month for
employees who have completed ten(10) continuous years of CITY employment. Said benefit
shall be $100 per month for employees who have completed sixteen(16) continuous years of
CITY employment. Said benefit shall be $125 per month for employees who have completed
twenty(20) continuous years of CITY employment.
The CITY and the UNION understand that Utah law requires that longevity benefits paid
to employees shall be included within base pay for purposes of pension contributions.
During the teini of this MEMORANDUM (beginning July 1, 2004, and ending midnight
June 30, 2007),UNIT employees shall be paid biweekly and all compensation and leave
information shall be accurate:
From July 1, 2004, to June 21, 2005,UNIT employees shall be paid under the wage
schedule attached as Appendix "A."
A. EXPLANATION OF UNIT CLASSIFICATIONS:
1. 410 is a non-sworn UNIT employee such as Inspector, Instructor, or Education
Specialist.
2. 415 is a Firefighter.
3. 416 is a Firefighter/Specialist (Engineer; Haz-Mat; ARFF; Heavy Rescue;
inspector, investigator,public education specialist, battalion aide/utility driver or instructor).
4. 420 is a Firefighter/Paramedic.
UNIT employees will advance to the next step of the applicable wage schedule on their
anniversary date of hire.
Unless otherwise provided herein, the CITY and the UNION agree that the CITY will use
two rates of pay, either a combat rate or a day rate, to compensate UNIT employees.
For a UNIT employee who is regularly assigned to a combat crew, the UNIT employee's
regular rate of pay for all work shall be the combat rate, except as follows. A firefighter
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regularly assigned to a combat crew shall be paid at a premium overtime rate of one and one-half
the day rate of pay for all work perfoiined outside of any combat crew shift. Combat crew shift
work includes all work perfoiined by a UNIT employee during a shift period,but does not
include holdover work performed immediately after the conclusion of a UNIT employee's
combat crew shift. When a UNIT employee is required to holdover at the conclusion of a
combat crew shift, the UNIT employee shall be paid at a premium overtime rate twice the
combat rate of pay for all holdover work.
For a UNIT employee who is regularly assigned to work other than a combat crew
(referred to herein as "day work"), the UNIT employee's regular rate of pay for all work shall be
the day rate, except as follows. A UNIT employee regularly assigned to day work shall be paid
at a premium overtime rate of one and one-half the combat rate when the UNIT employee works
all or part of a combat crew shift. If a day work employee works all or part of a combat crew
shift and is required to holdover at the conclusion of the combat crew shift, the UNIT employee
shall be paid at a premium overtime rate twice the combat rate of pay for all hold over work.
UNIT employees assigned to the Heavy Rescue Team, except for the Heavy Rescue
Specialists, shall be paid fifty dollars ($50)monthly in addition to their regular wages.
UNIT employees with the rank of paramedic, who hold a bid position at Fire Station 12,
shall be paid fifty dollars ($50)monthly in addition to their regular wages.
In the event the CITY determines that a UNIT employee's bid position requires multiple
certifications, the subject UNIT employee shall be paid fifty dollars ($50) monthly in addition to
their regular wages.
For each UNIT employee who has reached the "K" step on the wage schedule prior to 30
June 2004, the City shall by the end of July 2004 make a one-time payment of$500.
ARTICLE VI
HOURS OF SERVICE AND OVERTIME
A. HOURS OF SERVICE
Whenever interests of public safety demand, the Chief or designee of the UNIT may
require an employee to pertain'work beyond the employee's regularly scheduled duties.
Whenever possible,UNIT employee volunteers will be solicited. Forty hours within a seven-day
week shall constitute a noiinal work period for all UNIT employees, except employees assigned
to the Combat Division. Employees regularly assigned to duty in the Combat Division shall
pertain'their work during scheduled duty shifts; each consisting of 24 consecutive hours on duty
at assigned UNIT employment locations. Therefore, the parties agree that for employees
assigned to the Combat Division, twenty-seven(27) days shall constitute a noiinal work period.
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B. EXCHANGE OF TIME
UNIT employees may exchange time in accordance with provisions outlined in the Fair
Labor Standards Act(substitution of work scheduled),when the exchange does not interfere with
the operations of the UNIT, and with the approval of the UNIT employee's supervisor.
Exchange approval may be denied where the proposed exchange would impair one of the
employee's training and proficiency responsibilities.
C. OVERTIME COMPENSATION
1. UNIT employees shall be paid overtime compensation as required by the Fair
Labor Standards Act and as enhanced by this MEMORANDUM. In determining"hours
worked" for purposes of identifying overtime work performed, the UNIT shall record an
employee's exact time worked in minutes, if practical, or time worked to the nearest 15 minutes.
2. A UNIT employee, required to perform authorized overtime work, shall be
compensated by pay at one and one-half the applicable rate. The UNIT employee may request
compensatory time in lieu of cash subject to approval of the Fire Chief or his designee.
Provided,however, employees in the UNIT, except employees regularly assigned to the Combat
Division, may not accrue more than 240 hours of compensatory time for hours worked after
April 15, 1986. Employees in the UNIT regularly assigned to the Combat Division may not
accrue more than 480 hours of compensatory time for hours worked after April 15, 1986. Any
such employee who, after April 15, 1986, has accrued 480 or 240 hours, as the case may be, of
compensatory time off, shall, for additional overtime hours of work,be paid overtime
compensation.
When time off from employment is allowed as compensation for overtime, such time off
shall be granted within twelve (12)months from the perfoirirance of overtime work.
D. STANDBY/ON-CALL
Appropriate UNIT officers may require UNIT employees to keep themselves
immediately available for City service during otherwise off-duty hours. Such employees shall
receive the following compensation: Employees shall be compensated one (1)hour of straight-
time pay for each twenty-four(24)hours or significant portion thereof for being immediately
available. This compensation shall be in addition to any callback pay or pay for time worked the
UNIT employee may receive during the standby/on-call period. The CITY and the UNION
understand that standby/on-call compensation under this paragraph will not be counted as time
worked for purposes of overtime compensation but will be added to the UNIT employee's
regular rate of pay for purposes of calculating any overtime compensation.
E. CALLBACK
UNIT employees who are directed to report to work during their scheduled off-duty time,
or while on standby, and who arrive at a fire station, incident scene, or place of assignment shall
be compensated with a minimum of four (4)hours pay.
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Unit employees who are directed to report to work during their off-duty scheduled time,
or while on stand-by, and who are cancelled prior to arrival at a fire station, incident scene, or
place of assignment shall be compensated with a minimum of one (1)hour pay.
In those cases where an employee is not directed to report to work(to a station or to an
incident scene), but is required to perform City work at home (including telephone advice) or at
another location, the employee shall be paid only for time worked.
The employee shall receive overtime compensation, where applicable, for time worked
on callback duty.
UNIT Employees will be paid at the day rate of pay whether such call back is for day
work or for work on a combat crew shift. The CITY and the UNION agree that UNIT
employees who volunteer for work beyond their regularly scheduled work assignments do not
qualify for compensation under this paragraph.
F. TEMPORARY ASSIGNMENTS
UNIT employees may be temporarily assigned to perfoiiii duties out of class. Upon
expiration of such temporary assignment, the firefighter shall be restored to the position occupied
at the time such temporary assignment was made. In making the temporary assignments
described in this paragraph, assignments shall be provided, if practical,by the station officer,
following notification of the appropriate battalion chief, from the available firefighters on duty
and available for that assignment at that station. Any UNIT employee who is assigned to work
out of classification must be a journey level firefighter. When this assignment is not made as
described above, the Chief or designee will make temporary assignments giving consideration to
station location, certification, and the staffing needs of the UNIT.
When UNIT employees work out of classification or act in charge, they will be paid a
differential equal to a rate of$1.50 per hour, for each hour worked.
ARTICLE VII
HOLIDAYS
A. HOLIDAYS SPECIFIED
The following days shall be recognized and observed as holidays for all full-time UNIT
employees. UNIT employees of the Combat Division of the UNIT, in lieu of days off for the
following enumerated holidays, shall be granted six (6) on-duty shifts (144) hours off per year to
be taken at such times as approved by the Fire Chief. All employees who are not assigned to the
Combat Division shall receive 8 hours of their regular wages for each of the following non-
worked holidays:
1. New Years Day(the first day of January)
2. Martin Luther King, Jr. Day(the third Monday of January)
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3. Presidents Day(the third Monday of February)
4. Memorial Day(the last Monday of May)
5. Independence Day(the fourth day of July)
6. Pioneer Day(the twenty-fourth day of July)
7. Labor Day(the first Monday of September)
8. Veterans Day(the eleventh day of November)
9. Thanksgiving Day(the fourth Thursday of November)
10. Day after Thanksgiving
11. Christmas (the twenty-fifth day of December)
12. One personal holiday can be taken upon request of the UNIT employee regularly
assigned to day work at the discretion of the department head. Employees are eligible for this
holiday only after satisfactorily completing their initial probationary period.
B. ALTERNATIVE AND ADDITIONAL HOLIDAYS
When any holiday listed above falls on Sunday, the following business day shall be
considered a holiday. When any holiday listed above falls on Saturday,the preceding business
day shall be considered a holiday. In addition to the above, any day may be designated as a
holiday by proclamation of the Mayor or the City Council.
C. HOLIDAY PAY OUT UPON SEPARATION
When Unit employees retire or leave City employment for any reason, the City shall
compensate UNIT employees for any holiday time earned and unused not to exceed twelve(12)
holidays or six (6) shifts for combat personnel.
ARTICLE VIII
VACATIONS
A. VACATIONS AUTHORIZED
UNIT employees shall be entitled to receive their regular wages during vacation periods
earned and taken in accordance with the provisions of this article.
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B. VACATION SCHEDULE
UNIT employees who have completed 1, 2, or 3 continuous years of service with the
CITY will have available to them, in the next calendar year, 5 shifts (10 days for UNIT
employees who regularly perfoiiii day work) of vacation.
UNIT employees who have completed 4, 5, or 6, continuous years of service with the
CITY will have available to them, in the next calendar year, 6 shifts (12 days for UNIT
employees who regularly perform day work) of vacation.
UNIT employees who have completed 7, 8, or 9, continuous years of service with the
CITY will have available to them, in the next calendar year, 7.5 shifts (15 days for UNIT
employees who regularly perfoiiii day work) of vacation.
UNIT employees who have completed 10, 11, or 12, continuous years of service with the
CITY will have available to them, in the next calendar year, 9 shifts (18 days for UNIT
employees who regularly perfoiiii day work) of vacation.
UNIT employees who have completed 13 or 14 continuous years of service with the
CITY will have available to them, in the next calendar year, 10 shifts (20 days for UNIT
employees who regularly perform day work) of vacation.
UNIT employees who have completed 15, 16, 17, 18, or 19 continuous years of service
with the CITY will have available to them, in the next calendar year, 11 shifts (22 days for UNIT
employees who regularly perform day work) of vacation.
UNIT employees who have completed 20 or more continuous years of service with the
CITY will have available to them, in the next calendar year, 12.5 shifts (25 days for UNIT
employees who regularly perfoiiii day work) of vacation.
C. RULES FOR TAKING VACATION
The Fire Chief shall conduct any annual vacation draw prior to the end of the Plan B
year, as defined in this MEMORANDUM in Article X.
Annual vacation periods may be divided into two or more separate periods as are deemed
necessary by the Fire Chief or as requested by the employee and approved by the Fire Chief or
designee.
Upon approval by the Fire Chief or designee, UNIT employees may accumulate vacation
(including both earned vacation and sick leave conversion time), according to the length of their
full-time continuous years of employment with the CITY up to the following maximum limits:
1. After 6 months: up to 30 days (15 shifts);
2. After 9 years: up to 35 days (17.5 shifts);
3. After 14 years: up to 40 days (20 shifts).
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"Days,"herein,means 8-hour days. "Shifts,"herein, means 24-hour combat shifts.
Any vacation earned or accrued beyond said maximum shall be deemed forfeited on
December 31 of each calendar year. However, the foregoing notwithstanding, and for good
cause shown prior to a forfeiture date the Fire Chief or designee,may allow an employee to
accumulate vacation time up to an additional maximum five (5) day(2-1/2 shift)period to be
used within one year from the date peiiiiission for such extension was granted.
Except in cases of FMLA-qualifying events, accumulated vacation can only be used with
permission of the Fire Chief or his designee.
Except upon separation or purchase as provided in Sections D and E, no employee shall
be entitled to be paid for vacation earned but not taken.
D. VACATION BENEFITS UPON SEPARATION
When UNIT employees retire or leave City employment for any reason, such employees
shall be entitled to be paid for:
1. All earned vacation time accrued, unused, un-forfeited and forwarded from
previous years,plus;
2. All vacation accrued, un-forfeited and unused for the year of employment during
which the teiriiination shall occur.
For purposes of calculating this vacation benefit on separation, the CITY shall convert
the accrued vacation of UNIT employees who are assigned to a combat crew from the combat
rate to the day rate.
E. CASH PAYMENT OF EARNED VACATION TIME IN LI r,U OF USE
The CITY may purchase earned and accrued vacation, to which an employee is entitled
with the consent of said employee and upon approval of the Fire Chief or designee.
ARTICLE IX
SICK LEAVE AND HOSPITALIZATION BENEFITS
Benefits in this article continue income to UNIT employees during absence due to illness,
accident, or personal reasons. Some of these absences may qualify under the Family and
Medical Leave Act(FMLA). This is a federal law that provides up to 12 weeks of unpaid leave
each year and protects jobs and health care benefits for eligible employees who need to be off
work for certain "family and medical"reasons. APPENDIX B outlines the FMLA rights and
obligations of the UNIT employee and the CITY. The CITY requires all UNIT employees using
FMLA leave to exhaust their paid leave allotments for FMLA-qualifying events prior to taking
FMLA leave unpaid. The paid leave parameters are defined in this MEMORANDUM.
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A. SICK LEAVE POLICY AND PROCEDURES (PLAN"A")
1. Sick leave shall be provided for all full-time employees only as insurance against
loss of income when a UNIT employee is unable to perform assigned duties because of illness or
injury.
2. UNIT employees may use 16 hours of accrued sick leave per calendar year for
their own doctor and/or dentist appointments. This leave must be taken in at least one-hour time
blocks and may only be used upon prior approval of the UNIT employee's supervisor.
3. Each UNIT employee shall be entitled to 15 days of sick leave each calendar year
except members of the Combat Division who shall be entitled to 7.5 shifts of sick leave each
calendar year. The CITY shall credit UNIT employee's sick leave account in a lump sum(15
days or 7.5 shifts) during the first month of each calendar year.
4. UNIT employees who separate from the CITY for any reason prior to the end of
the 12th month of the calendar year will have sick leave for the period prorated back to the CITY
on a one-day or 1/2 shift basis per month.
Month Day Combat
January 15.00 days 7.50 shifts
February 13.75 days 6.88 shifts
March 12.50 days 6.25 shifts
April 11.25 days 5.63 shifts
May 10.00 days 5.00 shifts
June 8.75 days 4.38 shifts
July 7.50 days 3.75 shifts
August 6.25 days 3.13 shifts
September 5.00 days 2.50 shifts
October 3.75 days 1.88 shifts
November 2.50 days 1.25 shift
December 1.25 days .63 shift
B. ACCUMULATION OF SICK LEAVE(PLAN"A")
Authorized unused sick leave may be accumulated from year to year.
C. SICK LEAVE CONVERSION TO VACATION TIME (PLAN"A")
Any member of the Combat Division who has accumulated 15 shifts under the provisions
of Section A, or any UNIT employee who regularly performs day work,who has accumulated to
his or her credit thirty(30) sick leave days, may choose to convert a portion of the yearly sick
leave granted for any given year to vacation, according to the following provisions:
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Number of Sick Leave Days or Shifts Used prior to December 31 of the current calendar
year of Sick Leave Days or Shifts Available for Conversion:
Combat
0 hours (No shifts) 5 shifts
24 hours (1 shift) 4 shifts
48 hours (2 shifts) 3 shifts
72 hours (3 shifts) 2 shifts
96 hours (4 shifts) 1 shift
120 hours or more (5 or more shifts) No shifts
Day
No days 9 days
1 day 8 days
2 days 7 days
3 days 6 days
4 days 5 days
Five or more days No days
Such converted sick leave shall be peiiuitted as vacation in addition to any other vacation
award to which said employee is entitled. Converted sick leave shall be deemed taken prior to
any other vacation time.
The above election shall not be made by UNIT employees who have reached their
maximum accumulated vacation and who have 1,000 accumulated sick leave hours at the end of
the calendar year.
D. SICK LEAVE CREDIT FORWARD (PLAN"A")
The balance of the sick leave not converted to vacation as peuuitted above, less the
number used during that calendar year as sick leave, shall be carried forward as accumulated sick
leave.
E. NOTIFICATION OF ELECTION(PLAN"A")
The election of a UNIT employee to convert any sick leave to vacation time must be
made in writing on the foiuis provided by the UNIT. This written election shall be completed no
later than the end of the annual vacation draw.
If a UNIT employee uses sick leave after they elect to convert,but before the end of the
year, the amount of accumulated sick leave will be corrected.
F. CITY CONTRIBUTION
The City shall contribute to the Nationwide Post Employment Health Plan for those
UNIT employees who meet the following requirements: on December 31 of any year, UNIT
employees under Plan A with the maximum accumulated vacation and at least 1,000
accumulated sick leave hours. For these UNIT employees the City shall contribute the value of
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shifts or days available to UNIT employees for sick leave conversation to vacation under Section
C above. The value of this contribution shall he based on the wage schedule effective on
December 31 of the subject year. Prior to the contribution,the CITY shall convert the available
hours of UNIT employees who are assigned to a combat crew from the combat rate to the day
rate. This contribution shall be automatic and not subject to election by those employees
qualifying under this paragraph.
G. RETIREMENT BENEFITS(PLAN"A")
Upon a UNIT employee's retirement,the CITY will contribute 50 percent of the cash
value of the UNIT employee's accumulated,unused sick leave to the Nationwide Post
Employment Health Plan,in accordance with the provisions and requirements of that Plan. The
value of the sick leave will be calculated using the hourly day rate of pay in effect on the UNIT
employee's last day compensate prior to retirement.
Prior to July 1 of each year of this MEMORANDUM,the UNION,and the CITY will
evaluate this paragraph and may modify its terms for the following fiscal year.
This provision shall not act to reinstate an employee with sick leave benefits that were in
any respect lost,used,or forfeited prior to the effective date of this MEMORANDUM.
Retirement benefits provided in this Section G are subject to appropriation of funds.
H. HOSPITALIZATION(PLAN"A")
1. Hospitalization leave shall be provided for UNIT Employees under this Plan"A,"
in addition to sick leave authorized hereunder,as insurance against loss of income when
employees are unable to perform assigned duties because of scheduled surgical procedures,
urgent medical treatment,or hospital admission.
2. UNIT employees shall be entitled to 30 days(15 shifts)of hospitalization leave
each calendar year. Hospitalization leave shall not accumulate from year to year. UNIT
employees may not convert hospitalization leave to vacation or any other leave,nor may they
convert hospitalization leave to any additional benefit at time of retirement.
3. UNIT employees who are unable to perform their duties during a shift due to
preparations for(such as fasting,rest,or ingestion of medicine),or participation in,a scheduled
surgical procedure,shall obtain permission of the staffing office or supervisor as applicable prior
to the scheduled procedure. With approval,the UNIT employee may report the absence from the
affected shift as hospitalization leave.
4. UNIT Employees who must receive urgent medical treatment at a hospital,
emergency room,or acute care facility,and who are unable to perform their duties during a shift
due to urgent medical treatment,niay report the absence from the affected shift as hospitalization
leave. The UNIT employee is responsible to report the receipt of urgent medical treatment to the
staffing office or supervisor as soon as practical. Herein urgent medical treatment includes at-
home care directed by a physician immediately after the urgent medical treatment and within the
affected shift.
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5. UNIT employees,who are admitted to a hospital for medical treatment, so they
are unable to perform their duties, may report the absence from duty as hospitalization leave.
6. Medical treatment consisting exclusively or primarily of post injury rehabilitation
or therapy treatment, whether conducted in a hospital or other medical facility, shall not be
counted as hospitalization leave.
7. A UNIT employee requesting hospitalization leave under this section may be
required to provide verification of treatment from a competent medical practitioner.
I. AUTHORIZED SICK LEAVE AND HOSPITAL BENEFITS (PLAN"A")
A UNIT employee shall be entitled to receive sick leave or hospitalization leave benefits
for illness or injuries arising out of or in the course of employment for an employer other than
the CITY;provided, however, that as a condition of granting such leave, the CITY may require
that it be subrogated to the employee's rights of recovery against any person or organization
associated with such injury. The CITY shall have the exclusive right to decide whether to
require subrogation and/or seek recovery; provided, however, that full recovery by and
reimbursement to the CITY of all its expenses associated with the employee's injury, including
medical and leave costs, shall have the effect of re-vesting with the employee all sick leave and
hospitalization leave entitlements used as the result of such injury. The employee may petition
the CITY Attorney's Office not to pursue legal action for damages against a third party; however,
the decision to seek recovery rests solely with the CITY Attorney.
J. REGULAR SALARY TO BE CONTINUED (PLAN"A")
Each UNIT employee who takes authorized sick leave or authorized hospitalization leave
shall continue to receive his or her regular salary during his or her absence from work for the
periods set forth in this paragraph.
K. ON-DUTY SHIFTS FOR PERSONNEL DEFINED
For computation purposes of this article, the term "on-duty shift" for employees of the
Combat Division shall mean a 24-hour working day; benefits will be provided at the rate of 24
hours for each shift provided, i.e. 15 days of sick leave equals 7.5 scheduled working (24 hour
shifts.) There is no expectation by the CITY that all sick leave use shall be in full shift
increments (8, 10, 12, or 24 hours). Sick leave may be used as needed in minimum one (1)hour
blocks.
For UNIT employees who regularly perform day work, 15 days of sick leave equals
fifteen eight (8)hour scheduled work shifts.
It is not the intent of this MEMORANDUM to increase sick leave or vacation benefits as
a result of the conversion to 24-hour work shifts.
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L. LONG-TERM DISABILITY COMPENSATION
In addition to any state or federal disability plans, optional long-terra disability is
available to eligible employees who enroll in the CITY's Income Protection program (long-team
disability program).
The CITY at its own expense shall have the right and opportunity to require a UNIT
employee to obtain a medical examination when, and as often as, may be reasonably necessary to
determine the UNIT employee's continued eligibility. A UNIT employee refusing such an
examination shall be ineligible for the benefits provided by this paragraph.
Refusal to submit to treatment for disabilities while receiving benefits under the long-
term disability program shall be grounds for termination of compensation specified hereunder.
When any injury for which compensation is payable under this long-terra disability
program shall be caused by the wrongful act or negligence of another person, the CITY may
require an employee claiming long-term disability compensation, to assign to the CITY any
action for damage against such person.
If an employee of the CITY becomes entitled to receive Workers Compensation as a
result of suffering a CITY service-connected injury or illness of a type not compensated under
the foregoing provisions of this section, such employees shall be paid Workers Compensation as
provided by law;provided however, that he/she may elect to use, during such disability, his/her
accumulated sick leave credit and vacation time, in such increments that will, when added to
his/her Workers Compensation payments allow the UNIT employee to collect 100 percent of
his/her net wage or salary; and provided further, that satisfactory evidence of such election shall
be transmitted by said employee to the Division of Human Resource Management of the CITY
prior to payment.
For purposes of this provision, "net wage or salary" shall mean gross compensation less
federal and state income tax and FICA withholding. In no event shall a UNIT employee collect
more than 100 percent of his/her net wage or salary.
M. INJURY LEAVE
The CITY shall establish rules and procedures for administration of an injury leave
program (supplemental to sick leave) for UNIT employees, under the following conditions:
1. The injury must have resulted from a documented incident while the UNIT
employee was actively involved in emergency services including fire fighting, medical
responses, or UNIT training, or drills supervised by a Battalion Chief, Deputy Chief, or Chief of
the UNIT.
2. The UNIT employee must be unable to work due to the injury as verified by a
competent medical practitioner.
3. The Injury Leave must not exceed the value of the UNIT employee's net wage or
salary during the period of absence due to the injury, less all amounts paid or credited to the
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UNIT employee by Workers Compensation,social security,disability,or retirement benefits,or
any form of governmental relief. ("Net wage or salary"for purposes of this provision shall mean
gross compensation less Federal and State income tax and FICA withholding. In no event shall a
UNIT employee collect more than 100 percent of his/her net wage or salary.)
4. The value of injury leave shall not exceed$5,000 per UNIT employee per
incident,unless approved in writing by the Fire Chief after receiving an acceptable treatment
plan and consulting with the City's Risk Manager.
5. The CITY's Risk Manager shall review and approve Injury leave claims. Appeals
from the decision of the Risk Manager may be received by the Director of Management Services
who will make reconunendations to the Mayor for final decision.
6. If a UNIT employee is eligible for Workers Compensation and is not receiving
injury leave pursuant to Section L,said UNIT employee may elect in writing to the CITY's
Division of Human Resource Management Director to use accumulated sick leave and
authorized vacation time to supplement the employee's Workers Compensation not to exceed the
employee's net wage or salary.
7. The CITY and the UNION will establish a policy that is intended to return an
injured employee back to work as soon as possible. The policy shall include,but not be limited
to,a light duty program and incentives to encourage an employee to pursue recovery
aggressively and to return to work.
ARTICLE X
LEAVES OF ABSENCE
Full-time employees shall be eligible for leaves of absence under the following
circumstances:
A. BEREAVEMENT LEAVE
Bereavement Leave may be approved by the Fire Chief or designee for the death of
persons who stood in loco parentis for the UNIT employee or UNIT employee's spouse.
The provisions of Bereavement Leave shall not be applicable to employees who are on
unpaid leave of absence.
1. Plan"A."
a. Time off with pay will be granted a full-time employee who suffers the loss of
a wife,husband,child,stepchild,mother,father,stepmother,stepfather,brother,
stepbrother,sister,stepsister,father-in-law,mother-in-law,son-in-law,daughter-in-law,
brother-in-law,sister-in-law,grandchild,step-grandchild,grandfather,step-grandfather,
grandmother,step-grandmother,grandmother-in-law,or grandfather-in-law. In the event
of death in any of these instances,employees will be paid their regular pay for scheduled
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work time from the time of death through the day of the funeral;however,no such leave
shall be permitted to extend more than five(5)consecutive calendar days after the date of
death. Employees will be permitted one additional day(1/2 shift)of funeral leave,on the
day following the funeral,if the funeral or burial is held more than 150 miles distance
from Salt Lake City and if the day following the funeral or burial is a normal working
day. Satisfactory proof of such death,together with the date thereof and the date and
location of the funeral and burial,must be furnished by the employees to the Fire Chief or
designee.
b. In the event of death of relatives other than those enumerated in paragraph a.
above,an employee will be paid for time off from scheduled working hours while
attending the funeral services for such person,not to exceed one shift of eight(8),ten
(10),or twelve(12)hours or for Combat employees twenty-four(24)hours.
c. In the event of death of friends,an employee may exchange time under
existing rules,be granted available time off,or take time off without pay while attending
the funeral services for such persons,not to exceed four(4)hours subject to the approval
of his or her immediate supervisor.
d. In the event the death of any member of the immediate family,as set forth
herein occurs while an employee is on vacation,his or her vacation will be extended by
the amount of time authorized as funeral leave.
2. Plan`B."
a. 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,brother-in-law,sister-in-law,grandfather,grandmother,grandchild,
or step-child,step-mother,step-father,step-brother,step-sister,step-grandchild,step-
grandfather,step-grandmother,grandmother-in-law,or grandfather-in-law. In the event
of death in any of these instances,the employee will be paid his/her regular pay for
scheduled work time from the date of death through the day of the funeral,not to exceed
five 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.
b. UNIT Employees shall be allowed to use available personal leave time to
attend the funeral or memorial services for relatives not mentioned in paragraph a.above.
c. In the event of death of friends,an employee may exchange time under
existing rules,be granted available paid time off,or take time off without pay while
attending funeral services for such persons,not to exceed four(4)hours subject to the
approval of the immediate supervisor.
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B. LEAVE OF ABSENCE OF EMPLOYEES WHO ENTER MILITARY SERVICE
UNIT employees who enter the active service of the Utah State National Guard or in the
service of a uniformed services of the United States, including the United States Army, United
States Navy,United States Marine Corps,United States Air Force, commissioned corps of the
National Oceanic and Atmospheric Administration, or the commissioned corps of the Public
Health Service, shall be entitled to be absent from his or her duties and service with the CITY,
without pay, as required by the state and federal laws. Said leave shall be granted for no more
than five cumulative years, consistent with the federal Uniform Services Employment and
Reemployment Act and according to Section 39-1-36 of the Utah Code.
C. PAY WHILE ON MILITARY DUTY
UNIT employees who are or shall become members of the organized reserves of the
United States Army,Navy, Air Force, Coast Guard, and Marines or any unit of the Utah National
Guard shall be allowed full pay for all time not in excess of fifteen (15) continuous calendar days
(7.5 shifts)per year spent on military active duty in connection with the requirements of the
Service. This leave shall be in addition to annual vacation leave with pay. UNIT employees
who provide documentation to the City indicating that their military unit does not participate in
an annual exercise,but instead requires military active duty on a periodic basis throughout the
year, shall be allowed full pay for all time not in excess of ninety(90) hours for those on a day
work schedule or six (6) shifts/144 hours for those on a combat crew,per year spent in such
military duty.
D. LEAVE FOR JURY DUTY
All UNIT employees shall receive their regular wages for any scheduled work missed
due to jury service. Any CITY-compensated time spent in jury service shall be counted as time
worked for purposes of the FLSA. In addition,UNIT employees are entitled to receive and
retain statutory juror's fees paid for jury service in State and Federal Courts subject to the
conditions hereinafter set forth. No reduction in an employee's wages shall be made for absence
from scheduled work period resulting from such jury service. On those days that an employee is
required to report for jury service and is thereafter excused from such service during his or her
regular working hours for the CITY, he/she shall forthwith return to and carry on his/her regular
CITY employment. Failure to so return to work shall result in disciplinary action and forfeiture
of that day's pay for such employee. UNIT employees are required to give their supervisors as
much advanced notification as possible regarding jury duty that may require them to be absent
from scheduled work.
E. SUBPOENA DUTY
If a UNIT employee during their off duty time is directed by the City to do work
associated with a subpoena as a result of their Fire Department duty assignment, the employee
shall be paid at their wage rate for time worked. Preparation time shall be compensated if
directed by the City and approved by the Fire Chief or designee.
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F. DEPENDENT LEAVE(PLAN"A")
1. Under Plan"A,"dependent leave may be requested for the following FMLA-
qualifying reasons:
a. Becoming a parent through birth or adoption of a child or children.
b. Placement of a foster child in the employee's home.
c. Due to the care of the employee's child,spouse,or parent with a serious
health condition.
d. Under Plan"A,"dependent leave may also be requested by employees to care
for an employee's child,spouse,or parent who is ill or injured but does not have a serious
health condition(non-FMLA-qualifying event).
2. The following provisions apply to the use of Dependent leave:
a. Dependent leave maybe granted with pay on a straight-time basis.
b. For dependent leave used for an FMLA-qualifying event,the UNIT employee
shall be entitled to use as dependent leave accumulated and available unused sick leave.
For non-FMLA-qualifying events,the UNIT employee shall be entitled to use a
maximum of three(3)shifts per calendar year for Combat Division personnel or five(5)
days for UNIT employees who regularly perform day work.
c. The UNIT employee must give notice,with documentation upon request,to
his/her supervisor as soon as possible under the circumstances.
d. A UNIT employee's sick leave shall be reduced by the number of days/shifts
taken by an employee as dependent leave under this paragraph provided,however,that
40 hours of dependent leave used during the calendar year will not affect the sick leave
conversion options as outlined in Article IX,Section C.
G. CAREER INCENTIVE LEAVE
UNIT employees,who have been in consecutive Full-Time employment with the City for
more than 20 years,and who have accumulated to their credit 1,500 or more sick leave hours,
may make a one-time election to convert up to 160 hours of sick leave into 80 hours of paid
Career Incentive Leave. Career Incentive Leave must be taken prior to retirement. Sick leave
hours converted to Career Incentive Leave will not be eligible for a cash payout upon
termination or retirement even though the employee has unused Career Incentive Leave hours
available. This leave can be used for any reason.
H. PAID PERSONAL LEAVE(PLAN`B")
UNIT employees hired on or after November 16,1997,shall be covered by Plan B. New
UNIT employees hired between the beginning of the plan year through April will receive 40
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hours or 2.5 shifts of leave time. Those hired between May and November will receive 24 hours
or 1.5 shifts. Any UNIT employee hired between November 1 and the end of the plan year will
receive 8 hours or %2 shift.
Under Plan"B,"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. Where
the leave is not related to the employee's own illness or injury—or an event that qualifies under
the FMLA—approval of a personal leave request is subject to supervisory approval based on the
operational requirements of the CITY.
1. 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 personnel who regularly perform
day work or 2.5 shifts for Combat personnel
More than 6, less than 24 60 hours for personnel who regularly perform
day work or 4 shifts for Combat personnel
24 or more 80 hours for personnel who regularly perform
day work or 5 shifts for Combat personnel
2. City Contribution. Unit employees may not carry over more than 80 hours (or
five shifts for combat personnel) of personal leave to the next plan year, which begins the second
pay period of November. For any personal leave unused by a Unit employee above 80 hours (or
five shifts for combat personnel) on that date, the City shall contribute the value of the unused
personal leave to the Nationwide Post Employment Health Plan. The value of this contribution
shall be based on the wage schedule at the end of the plan year. Prior to contribution, the City
shall convert the unused personal leave hours for UNIT employees assigned to a combat crew
from the combat rate to the day rate. This contribution shall not be subject to election by the
UNIT employee.
3. Carry Over of Personal Leave. Any UNIT employee's personal leave hours not
contributed according to paragraph 2 above shall carry over to the next plan year. Prior to the
end of the plan year, during annual vacation draw, UNIT employees may draw up to four
personal leave shifts. Personal leave shifts drawn at vacation draw shall be considered used time
for purposes of determining available unused personal leave hours at the end of the plan year.
4. Conditions of Use of Paid Personal Leave. Based upon the need to operate at
acceptable staffing levels, and to maintain the safety of the public and UNIT personnel, the
following conditions on use apply:
a. Minimum use of paid personal leave is in one (1)hour increments and must be
approved by the Station Captain, immediate supervisor, or staffing office.
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b. 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.
5. Career Enhancement Leave. Employees who have completed 15 years of full-
time service with the City,and are covered under Plan B,are eligible to be selected to receive a
one-time career enhancement leave of up to two weeks. This leave could be used for formal
training,informal course of study,job related travel,internship,mentoring or other activity
which could be of benefit to the City and the employee's career development. Selected
employees shall receive their full regular wages during the leave. Requests for this leave must
be submitted in writing to the Fire Chief,stating the purpose of the request and how the leave is
intended to benefit the City. The Fire Chief then must approve the request.
6. Retirement/Layoff(RL)Benefit.
a. UNIT employees currently covered under Plan"B"who were hired before
November 16,1997,and who elected in 1997 to be covered under Plan`B,"shall have a
retirement/layoff account(hereinafter referred to as an"RL"account")equal to sixty(60)
percent of their accumulated unused sick leave hours available on November 15,1997,
minus any hours withdrawn from that account since it was established.
b. UNIT employees who were hired before November 16, 1997 and who elected
in 1998 to be covered under Plan"B,"shall have an RL account equal to 50 percent of
their accumulated unused sick leave hours available on November 14,1998,minus any
hours withdrawn after the account is established.
7. Payment of the RL Account.
a. All of the hours in the RL account shall be payable at layoff as follows: The
employee shall be paid his/her hourly rate of pay on date of termination for each hour in
the employee's RL account.
b. Upon a UNIT employee's retirement,the CITY will contribute the cash value
of the UNIT employee's RL account to the Nationwide Post Employment Health Plan,in
accordance with the provisions and requirements of that Plan. The value of that
contribution will be calculated using the hourly day rate of pay on the UNIT employee's
last day worked prior to retirement.
c. Prior to July 1 of each year if this MEMORANDUM,the UNION and the
CITY will evaluate the provision in this subparagraph,and may modify its terms for the
following fiscal year.
d. Hours may be withdrawn from the RL 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 RL account shall be governed by the same rules of usage that are applied to sick leave
hours. RL account hours may also be used as a supplement to Workers Compensation
benefits which,when added to the employee's Workers Compensation benefits,equals
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the employee's regular net salary. The employee must make an election in writing to the
Director of Management Services to use RL account hours to supplement Workers'
Compensation benefits.
8. 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 Plan B 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 UNIT employee maybe 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 provide
temporary light duty assignments to UNIT employees on SDI,provided a light duty assignment
is available,and the UNIT employee provides proper medical releases.
ARTICLE XI
ADDITIONAL ALLOWANCES
A. LEAVES OF ABSENCE
UNIT employees may be eligible for additional leaves of absence at the approval of the
Fire Chief. Any UNIT employee who requests such leave shall be subject to the following
limitations:
1. The leave shall be unpaid.
2. The UNIT employee's seniority shall be reduced the same number of days that
such leave was in effect.
3. Upon return from such leave the UNIT employee shall be reinstated after
successful completion of a physical and performance review as stipulated by the Chief and the
Civil Service Commission,if applicable.
B. EDUCATIONAL INCENTIVE PAY
UNIT employees who have completed all required basic training courses and
probationary periods shall be entitled to the following monthly allowances according to the
educational degree held by such UNIT employees:
Doctorate $100 per month
Masters $75 per month
Bachelors $50 per month
Associate $35 per month
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An employee shall be eligible for incentive pay hereunder following submission of
his/her diploma evidencing completion of degree requirements at a fully accredited college or
university to the Fire Chief or designee.
The foregoing notwithstanding, no employee shall be entitled to compensation for an
educational degree which qualifies the employee for his/her position of employment; or for any
degree which is not specifically related to the employee's actual employment duties.
C. TUITION REIMBURSEMENT
The UNIT will participate in and comply with the provisions of the CITY's tuition
reimbursement policy as they are developed through the Benefits Committee and Human
Resources Policy, subject to funding.
D. UNIFORM ALLOWANCE
Dangerous or contaminated safety equipment shall be cleaned,repaired, or replaced by
the UNIT.
The UNIT will provide at no cost to the UNIT employee,NFPA approved protective
(Turnouts) outer clothing and safety equipment that is required in the perfouuiance of his/her
duties.
In addition, the CITY will provide the UNIT employee a clothing reimbursement credit,
paid to the UNION unifoiui store, to acquire needed components of the work and dress unifoiiii.
The amount of the clothing reimbursement credit shall be $475 per UNIT employee, per year.
Funding of the UNION unifoiiu store and UNIT employee unifouus will be provided in
compliance with and according to the teinus of UNIT Policy 026, CITY purchasing policies and
CITY Attorney Office review.
E. MILEAGE ALLOWANCE
Employees who are authorized to use and who do use privately owned automobiles for
official CITY business shall be reimbursed for their operation expenses of said automobiles at
the rate set by CITY Policy 2.01.02, Section 3. Reimbursement fauns must be submitted at least
annually, for accounting reasons.
Before payment is made to any employee pursuant to the teiiiis of this paragraph, the
UNIT employee's supervisor must authorize the use of the automobile and the mileage traveled
must be verified by the head of the department(or designee) involved. Verification and
reimbursement shall be on foiiiis and in the manner provided in administrative procedures, as
prescribed by the CITY Finance Director.
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ARTICLE XII
INSURANCE
The CITY will make available life, accidental death and dismembeiiiient, health, dental
insurance and long term disability(income protection program) to all UNIT employees, upon the
teams and conditions as may be from time to time determined by the CITY.
The CITY will make available a consulting service that will provide counseling for drug
abuse, alcoholism, and marriage counseling, comparable to what is currently provided.
The CITY will participate in the Nationwide Post Employment Health Plan, as adopted
by the CITY by contract and ordinance. The CITY will contribute $600 per year(prorated per
UNIT employee's biweekly pay period) into each UNIT employee's Nationwide Post
Employment Health Plan account.
ARTICLE XIII
PENSION PLAN CONTRIBUTION
During the term of this MEMORANDUM, the CITY shall pay the employer's and the
employee's monthly retirement contributions required to be paid to the Utah State Retirement
Fund at the contribution rate determined or adjusted by the Utah State Retirement Board.
The CITY will make available a Section 457 and 401k (IRS Code)Deferred
Compensation Plan and where possible other deferred compensation plans consistent with state
and federal laws.
ARTICLE XIV
SIGNIFICANT EXPOSURE
The CITY and the UNION recognize the importance of testing for infectious disease any
individual who causes a significant exposure to a UNIT employee. The CITY shall provide
appropriate legal support to move, as provided in Utah law, for a necessary court order directing
such testing. The CITY shall also provide all necessary medical evaluation and follow-up
medical intervention for a UNIT employee who has been subject to significant exposure. The
CITY and the UNION shall develop a training program for UNIT employees and their
supervisors,regarding appropriate actions when a UNIT employee has a significant exposure.
"Significant exposure" herein is defined at Utah Code 26-6a-1.
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•
ARTICLE XV
STANDING COMMITTEES
A. EXECUTIVE COMMITTEE
There shall be established a committee composed of the Executive Staff of the UNIT and
the Executive Board of the Union. This committee shall meet as needed, and shall create and
maintain minutes of all committee meetings or actions. Such records shall be maintained for at
least five years after the date of any meeting or action.
Either the UNIT Executive Staff or Union Executive Board may propose issues or
matters to be considered by the Executive Committee. Any such matters shall be considered at
the next scheduled Executive Committee meeting, unless both the Union President and the Fire
Chief agree that the matter is of an urgent nature; in which case the Executive Committee shall
be immediately assembled.
The Executive committee shall oversee and give direction to all other standing
committees. The Executive Committee may form other committees for the fulfillment of the
UNIT's strategic plan or mission. When established, the Executive Committee shall specify for
each committee the number of persons on the committee, the committee make up, the purpose
and function of the committee, how often the committee will meet, and the length of time the
committee shall be in existence.
It is understood that the Executive Committee is an advisory body, and shall not act to
pre-empt the authority of the Fire Chief or members of the UNIT Executive Staff. Similarly, the
Executive Committee shall have no authority to direct legal and appropriate UNION activities.
The Executive Committee has no authority and no role in considering individual matters
grieved under this MEMORANDUM. However, the Executive committee may consider
necessary changes to UNIT policies and procedures that may arise out of individual matters
grieved.
B. SAFETY COMMITTEE
There shall be a Safety Committee established to make recommendations to the
Executive Committee on methods and means of reducing illness, injuries, and accidents in the
UNIT. The Committee shall consist of nine (9)members: six (6) appointed by the Union
President and three (3) appointed by the Fire Chief or designee. The Safety Committee shall
schedule and call its own meetings. It should consider any matter referred to it by the Executive
Committee. However, it may independent of the Executive Committee evaluate and investigate
the safety needs of the UNIT and make recommendations to the Executive Committee.
C. APPRENTICESHIP COMMITTEE
There shall be an Apprenticeship Committee responsible for the oversight of the UNIT
apprenticeship program, as approved by the Fire Chief. The Committee shall consist of six (6)
members, three (3) appointed by the UNION President, and three (3) appointed by the Fire
25
Chief. The Committee shall appoint a chairperson, who will serve for one year, and who shall be
a UNION appointee or Fire Chief appointee every other calendar year. The Committee shall
meet as needed. The Committee shall monitor the progress of individual apprentices, and
provide recommendations for appropriate additional training and corrective action to the Fire
Chief.
D. BID COMMITTEE
There shall be established a bid committee with composition and functions as specified
by the Fire Chief. The Chief of the UNIT or his delegated subordinate officer may assign
apparatus, resources, or personnel, as they deem appropriate for the performance of the UNIT's
mission. In an effort to provide a fair and equitable way of assigning personnel to positions
within the UNIT, a bid procedure allowing members of the UNIT to express a preference for
work assignments is instituted. Bid positions shall be let based upon openings for UNIT
employees and all promotable positions.
The UNION will by July 1 of each year submit in writing proposed rules for a bid
procedure to the Chief for review and/or approval, keeping in mind the above needs and mission
of the UNIT.
The UNION will be notified at least 30 days prior to changes in bid procedure rules.
E. EMS COMMITTEE
There shall be an EMS Committee established and responsible for the oversight of the
UNIT's emergency medical system, as approved by the Fire Chief. The Committee shall consist
of nine(9) members: three paramedics (one from each platoon appointed by the UNION
President), three (3) EMTs (one from each platoon appointed by the UNION President), the
Battalion Chief of the Medical Division,the Captain of the Medical Division, and the Medical
Office Facilitator. The Committee shall appoint a chairperson who will serve for one year, and
who will be a UNION President appointee every other year. The Committee will meet as
necessary. The Committee may provide recommendations to the Fire Chief regarding protocols,
equipment, supplies,research, inter-hospital matters, and transport issues.
F. ENGINEERS COMMITTEE
There shall be an Engineers Committee established for the oversight of fire apparatus
design and purchase as well as continuing engineer training, as approved by the Fire Chief The
Committee shall consist of seven (7)members, six engineers (two from each platoon appointed
by the Union President) and the apparatus captain. The Union President may also assign one
alternate member from each platoon. Such alternates may attend a Committee meeting if one of
the two appointed engineers from his or her platoon is unavailable to attend. The Committee
shall meet as needed. The Committee shall elect its own chairperson who will serve for one
year. The apparatus captain shall serve as chairperson at least every other year.
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G. FITNESS AND WELLNESS COMMITTEE
There shall be a Fitness and Wellness Committee established to promote overall fitness
of the UNIT and to make recommendations to the Executive Committee on means of improving
fitness and wellness for UNIT employees. The Fire Chief will designate the Committee's
Chairperson. In addition to the Chair, the Committee will be made of nine members that the
Chairperson and Union mutually agree on.
H. COMPENSATION FOR COMMITTEE WORK
Time spent in committee meetings or on authorized Committee activities shall be
considered "time worked" for purposes of determining compensation for non-exempt FLSA
employees.
ARTICLE XVI
GRIEVANCE PROCEDURE
It is the intent of the CITY and the UNION to resolve grievances fairly and properly, and
at the lowest operational level.
A. CONTRACTUAL GRIEVANCE
A contractual grievance is an allegation by the UNION that the CITY has violated an
express provision of this MEMORANDUM,provided however, that Article I, "AUTHORITY";
Article XVII, "PROCEDURAL RIGHTS"; Article XXIII, "TERM OF MEMORANDUM";
Article XXIV, "LIMITATION OF PROVISIONS"; Article XXV, "WAIVER CLAUSE"; and
Article XXVI, "SAVINGS CLAUSE" of this MEMORANDUM shall not be subject to the
contractual grievance procedure.
A contractual grievance shall be confined exclusively to the interpretation and/or
application of the express provisions of this MEMORANDUM except for the articles described
above. A contractual grievance shall not include disciplinary grievances or claims that
procedures in Article XVII were violated.
The procedural steps for resolution of a contractual grievance shall be as follows:
Step 1. The UNION shall file a written grievance with the appropriate Battalion Chief in
the Combat Division, or the immediate chief officer in all other divisions or sections,within
thirty(30) calendar days after the event giving rise to the grievance or thirty (30) days after the
UNION should reasonably have learned of the event giving rise to the grievance, whichever is
later. The Battalion Chief or chief officer shall give a written answer to the UNION within
fifteen(15) calendar days after receipt of the grievance.
Step 2. If the grievance is not settled at Step 1, the UNION may,within fifteen (15)
calendar days after receipt of the Battalion Chief or chief officer answer, file a written appeal of
27
the grievance with the Fire Chief. Within fifteen (15) calendar days after receipt of the written
appeal, the Chief or designee shall answer the grievance in writing.
Step 3. If the grievance is not settled at Step 2, the UNION may,within fifteen(15)
calendar days after receiving the Chiefs or designee's decision, present the grievance to the
CITY's contract administrator for review, investigation, and final decision. The CITY's contract
administrator shall submit a written decision to the Fire Chief and the UNION within thirty(30)
calendar days following receipt of the grievance. The decision of the CITY's contract
administrator is final and binding.
B. DISCIPLINARY GRIEVANCE
In this MEMORANDUM discipline includes written reprimands or warnings, denial or
postponement of a merit increase, or suspension without pay of 24 hours or less.
Disciplinary actions taken by the CITY, which results in a suspension of more than 24
hours or termination,must be appealed as provided by statute and Civil Service Commission
Rules and Regulations
The procedural steps for resolution of a disciplinary grievance shall be as follows.
1. Written Reprimands or Warnings. A UNIT employee may appeal a written
reprimand or warning by filing a written request for appeal with the Fire Chief within ten(10)
calendar days from the date the employee receives the discipline. The Fire Chief shall meet with
the UNIT employee regarding the matter appealed, and may conduct additional meetings or an
investigation to resolve the appeal. The supervisor responsible for the written reprimand or
warning, and the UNIT employee's representative, may make a presentation to the Fire Chief in
an effort to resolve the grievance. The Fire Chief shall have thirty(30) calendar days after
receiving the appeal to provide the employee a written decision. The Fire Chiefs decision shall
be final and binding.
2. Denials or Postponement of Merit Increase, or Suspensions without Pay of 24
Hours or Less. The UNIT employee may appeal a denial or postponement of merit increase, or
suspensions without pay of 24 hours or less to the CITY's Employee Appeals Board. The UNIT
employee must file such appeal with the Board within ten(10) calendar days after receipt by the
employee of the discipline. Appeals shall be filed with the City Recorder's Office within the
appeal period. The Employee Appeals Board shall hear the matter and issue a recommendation
to the Mayor either affirming or reversing the disciplinary action. The Mayor shall consider the
recommendation of the Board and any requests from the UNIT employee and make a decision.
The decision of the Mayor shall be final and binding on the UNIT employee, the UNION, and
the CITY.
At the time a UNIT employee files an appeal of a denial or postponement of merit
increase with the City Recorder's Officer, the UNIT employee may request that the matter
appealed be heard by an independent hearing officer. If within fifteen (15) calendar days after
the filing of the appeal, the CITY (as represented by the City Attorney) and the UNION mutually
agree on the selection of the hearing officer, and the hearing officer agrees to hear the matter,the
discipline grieved shall be heard by the hearing officer instead of the CITY's Employee Appeals
28
Board. The decision of the hearing officer shall be final and binding on the UNIT employee, the
UNION, and the CITY.
C. POLICY/PROCEDURE GRIhVANCE
A Policy/Procedure grievance is defined as an alleged violation of a specific provision of
the CITY or UNIT policies and procedures. UNIT employee(s) who believe that they have
received inequitable treatment because of an alleged violation of a specific provision as defined
herein may,personally, or through representatives, utilize the grievance procedure outlined
herein.
The procedural steps for resolution of a Policy/Procedure grievance shall be as follows:
Step 1. The UNIT employee shall file a written grievance with the appropriate Battalion
Chief in the Combat Division, or the immediate chief officer in all other divisions or sections,
within thirty(30) calendar days after the event giving rise to the grievance or thirty(30) days
after the UNIT employee should reasonably have learned of the event giving rise to the
grievance, whichever is later. The Battalion Chief or chief officer shall give a written answer to
the UNIT employee within fifteen (15) calendar days after receipt of the grievance.
Step 2. If the grievance is not settled at Step 1, the UNIT employee may, within fifteen
(15) calendar days after receipt of the Battalion Chief or chief officer answer, file a written
appeal of the grievance with the Fire Chief. Within fifteen (15) calendar days after receipt of the
written appeal, the Chief or designee shall answer the grievance in writing.
Step 3. If the grievance is not settled at Step 2, the UNIT employee may, within fifteen
(15) calendar days after receiving the Chiefs or designee's decision, present the grievance to the
Mayor or his/her designee for review, investigation, and final decision. The Mayor or his/her
designee shall submit a written decision to the Fire Chief and the UNIT employee within thirty
(30) calendar days following receipt of the grievance. The decision of the Mayor or his/her
designee is final and binding.
D. GENERAL RULES
1. The time limits set forth in this article are of the essence. The CITY and the
UNION or the UNIT employee may mutually agree to extend the time limits in writing. Failure
to follow the time lines as outlined shall cause the grievance to move to the next level. The
CITY shall accept no grievance unless it is submitted or appealed within the time limits set forth
in this article.
2. Unless otherwise provided in this MEMORANDUM, time spent by UNIT
employees in resolving grievances is not working time and shall not be compensated. However,
if any review of a grievance is held during the UNIT employee's noinial working hours/shift,the
UNIT employee shall not suffer a loss of compensation.
3. A UNIT employee may be represented per Article IV of this MEMORANDUM.
29
4. A UNIT employee or UNION Board member shall not be subjected to retaliation,
punitive action, or discrimination in any aspect of employment for the lawful exercise of the
grievance procedure.
5. Only grievances expressly provided herein shall be subject to this grievance
procedure.
6. When filing a contractual grievance, the UNION shall state the basis for the
grievance, the relevant facts, and the specific provision(s) of this MEMORANDUM the UNION
claims the CITY violated. No new claims may be made by the UNION once the grievance has
been filed except upon discovery of additional evidence relating to the grievance.
7. When filing a disciplinary or policy/procedure grievance, the UNIT employee
shall state the basis for the grievance. No new basis for appeal may be made by the UNIT
employee except upon discovery of additional evidence relating to the grievance.
8. Such additional evidence discovered in subparagraphs 6 and 7 above, shall be
communicated to the CITY as soon as possible upon discovery. If the additional evidence is
conveyed to the CITY within ten (10) calendar days from a scheduled hearing date, the hearing
date shall be continued for at least fifteen (15) calendar days.
9. In a disciplinary appeal, the UNIT employee and his/her representative shall have
a reasonable opportunity to review all evidence being relied upon by the CITY prior to any
grievance hearing or meeting. Any evidence not provided to the UNIT employee for reasons of
confidentiality or otherwise cannot be used in a grievance proceeding.
10. In a disciplinary grievance hearing or meeting, the UNIT employee and his/her
representative shall have the right to question the CITY's witnesses, call witnesses in his/her
own behalf, and to give rebuttal evidence.
ARTICLE XVII
PROCEDURAL RIGHTS
It is the intent of this article to provide procedural safeguards to UNIT employees who
are under investigation for alleged acts of misconduct. The procedural rights provided below do
not apply to routine, undocumented inquiry, coaching, instruction, or direction given to a UNIT
employee by his/her supervisor.
A. INVESTIGATIVE INTERV I FM'
When any Employee is under investigation for an alleged act of misconduct, the
investigation shall be conducted under the following conditions:
1. Prior to any investigative interview, the UNIT employee shall be advised of the
following:
a. The nature of the complaint, and the specific allegation (s) of misconduct.
30
b. The date, time, and location of the incident that gave rise to the allegation(s).
c. The Employee's right to have representation as provided in Article IV.
The investigative interview shall specifically and narrowly focus on the job-related
conduct of the UNIT employee.
A recording of the investigative interview session of the UNIT employee may be made.
The CITY,UNION and/or the UNIT employee may make a recording of the interview session,
provided however, that no recording shall take place without the knowledge of all parties
present.
2. Persons conducting the investigation may not:
a. Subject the UNIT employee under investigation to offensive language or
threaten disciplinary action, except a UNIT employee refusing to respond to questions or
submit to interviews shall be informed that failure to answer questions narrowly and
directly related to job related conduct may result in disciplinary action;
b. Make any promise of reward or leniency as an inducement for the UNIT
employee to answer any questions.
The UNIT employee shall be notified, in writing, of the disposition of any investigation,
including a disposition of each allegation, and the action to be administered, if applicable.
B. PRE-DISCIPLINARY HEARING
1. The process described herein shall provide, at a minimum, the following
procedural safeguards:
a. Prior to any pre-disciplinary hearing, the UNIT employee and their
representative will be afforded a reasonable opportunity to examine documentary
evidence being relied upon by the CITY;
b. The UNIT employee will be provided with a notice of allegations, a statement
of the grounds for the allegations and the evidence relied upon; and
c. The Employee shall be afforded an opportunity to respond to allegations.
2. Remedy. No UNIT employee shall be subjected to disciplinary action except
upon compliance with the procedural rights provided in this article. In the event there is a
finding by the Fire Chief or designee during a disciplinary grievance that these procedural rights
have not been substantially complied with, the disciplinary action taken shall be rescinded.
31
ARTICLE XVIII
PERSONNEL FILES
A UNIT employee shall have the right, upon reasonable notice, to inspect such
employee's personnel employment file for content. The UNIT shall notify UNIT employees
when a document concerning their performance or conduct, whether favorable or not, is sent to
the Human Resources Division for placement in a UNIT employee's personnel file.
ARTICLE XIX
UNION BUSINESS
It is agreed that internal UNION business such as soliciting membership, collecting dues,
electing officers,membership meetings, observing grievance proceedings and posting and
distributing literature will be conducted on an employee's personal time and so as not to interfere
with UNIT operations, with the sole exception of the following:
Elected UNION officers shall be allowed a reasonable period during working hours to
attend UNION meetings or participate in other UNION business as necessary. Notice of such
meeting shall be provided to the Chief or designee by the UNION president as soon as possible,
but not less than twenty-four(24)hours in advance of such meeting.
Employees designated as official delegates to UNION conferences and conventions shall
be allowed time off,with pay, for the purpose of attending such conferences and conventions,
which time off shall not exceed more than two (2) employees per shift nor more than a total of
twelve (12)working shifts (or additional shifts as approved by the Fire Chief or designee)per
year of the aggregate of all such employees. Notice of such conferences shall be given to the
Chief or designee by the UNION president requesting leave hereunder as soon as possible, but
no less than thirty(30) days prior to such conference. Time off under this clause will not be
counted as work time for the purpose of computing overtime.
In all such cases, the employee involved will obtain prior permission from the Fire Chief
or designee. The UNIT agrees to afford the IAFF Local#1645 President a reasonable amount of
time to assist in the administration of the MEMORANDUM,plus an additional ten(10) shifts a
year to conduct business related to the responsibilities of the Union office.
ARTICLE XX
MISCELLANEOUS POLICIES AND PROCEDURES
The CITY agrees to continue to furnish no-cost annual physical examinations, off-street
parking at assigned work sites, to provide monthly sleeping linen exchange and linen laundering
for all members of the UNIT.
The UNION recognizes that the CITY has directed the Fire Chief to establish a Task
Performance Policy during the term of the MEMORANDUM. The policy shall determine job-
32
based qualifications for incumbent firefighters. Once implemented,UNIT employees shall be
afforded at no cost, the resources, and adequate time to maintain or correct any skills or fitness
deficiencies.
ARTICLE XXI
NOTICE OF POLICY CHANGE
In an effort to encourage trust and communication, the UNIT agrees to give the existing
UNION President thirty(30) days notice prior to implementation of any changes to the "Fire
Department Policies and Procedures Manual." The purpose of the notice provided herein is to
solicit input from the UNION regarding the written policy change. This provision shall not be
construed to limit or discourage efforts of either the UNION and/or the UNIT administration to
discuss additional matters of mutual concern.
ARTICLE XXII
LAYOFFS
Whenever it is necessary to reduce the number of employees perfoiiming an activity or
function defined by the Mayor or designee within a CITY department because of lack of work or
lack of funds,the CITY shall minimize layoffs by readjustment of personnel through
reassignment of duty in other departments.
Whenever layoffs are necessary, emergency, temporary,probationary, and hourly
employees perfoimiing essentially the same duties as the aforesaid work activities or functions
being reduced shall be laid off first.
UNIT employees shall be the last to be laid off in inverse order of the length of service of
employees in the same job classification perfoimiing the same job functions and duties.
UNIT employees designated for layoff or actually laid off shall move into a vacant equal
or lower classification job position, wherever situated in the CITY, for which the employee is
qualified. Vacant means that the Division of Human Resource Management has received a
request to fill a position. Equal or lower classified means that the maximum salary for the vacant
position shall be less than or equal to the maximum salary for the position being laid off. Said
employee, within the CITY department in which the layoff occurred,may also bump less senior,
full-time salaried temporary or probationary personnel (in a job position and function previously
and actually held by said laid off employee) for a position said employee is currently qualified
and able to perfoim as deteimiined by the Division of Human Resource Management.
UNIT employees who have been laid-off shall have rights for a one-year period to
placement in any vacant job that is at an equal or lower classification where they meet minimum
qualifications. Minimum qualifications on laid off job positions shall remain unchanged for the
same one year period not restricting changes for bona fide business and operational purposes.
33
A re-employment list shall be established in the Division of Human Resource
Management to facilitate the placement of any reduced in force employees.
ARTICLE XXIII
TERM OF MEMORANDUM
This MEMORANDUM shall remain in effect from July 1, 2004 through June 30, 2007,
with the following exceptions:
It is understood by the parties hereto that certain provisions of this MEMORANDUM
cannot be implemented by the CITY except upon public notice and hearing and compliance with
various statutory and legal requirements. It is in this respect agreed that provisions subject to
such legal contingencies shall take effect upon full compliance with such legal requirements.
All financial commitments by the CITY shall be subject to the availability of funds
approved by the City Council and the limitations on future budget commitments provided under
State Constitution and Statute.
It is understood by the CITY and the UNION that if the City Council, in its adoption of
the CITY's final budget for the fiscal years covered by this MEMORANDOM, does not
appropriate monies to fund all wage and merit increases, the MEMORANDUM shall be
reopened within the (10) days after adoption of the said fiscal year final budget.
The parties hereto may, by mutual consent, agree to amend this MEMORANDUM.
The CITY and the UNION mutually agree to a limited reopener of this
MEMORANDUM for fiscal year 2005-2006 and for fiscal year 2006-2007. Such reopener shall
be limited to the negotiation of the wage schedule exclusively. In negotiating the wage schedule,
the CITY and the UNION shall evaluate firefighter compensation based on a consideration of
total compensation of other firefighters in the market.
ARTICLE XXIV
LIMITATION OF PROVISIONS
The provisions hereof shall be effective as provided herein,but subject to approval by the
City Council and the CITY's appropriation of funds. During the teull of this MEMORANDUM,
it is the CITY's intent to make a reasonable effort to maintain a funding level sufficient to satisfy
this understanding; however, the parties to this agreement mutually understand that emergencies
or revenue shortfalls may alter the ability of the CITY to satisfy this agreement. Thus, it is
expressly understood that this MEMORANDUM does not bind succeeding elected officials of
the CITY and shall not be construed to compel the CITY to impose or maintain any tax or fee
structure.
34
•
ARTICLE XXV
WAIVER CLAUSE
The CITY and the UNION expressly waive and relinquish the right,and each agrees that
the other shall not be obligated during the term of this MEMORANDUM,to bargain collectively
with respect to any subject or matter whether referred to or covered in this MEMORANDUM,
even though each subject or matter may not have been within the knowledge or contemplation of
either or both the CITY and the UNION at the time they negotiated or executed this
MEMORANDUM and even though such subjects or matter were proposed and later withdrawn.
The parties further acknowledge that this MEMORANDUM contains wages and benefit
provisions differing distinctly from provisions currently being offered to employees in other
units of CITY employment,and the parties agree to accept such wages and benefits as defined
and described in this MEMORANDOM despite their lack of similarity to or parity with other
memoranda,units,or employees.
ARTICLE XXVI
SAVINGS CLAUSE
The CITY and the UNION,hereto believing all the foregoing provisions to be lawful and
mutually beneficial to them in establishing their relations as employer and employee,
nevertheless hereby agree that if any part of this agreement shall be finally determined by any
court of competent jurisdiction to he invalid,such part or parts shall thereby be deemed
eliminated from this MEMORANDUM,and the same in all other respects shall be and remain
binding upon the CITY and the UNION.
In the event laws are passed by the federal government,the state,or the CITY which
conflict with the provisions of this MEMORANDUM relating to hours or wages,the provisions
of this agreement which are in conflict therewith may be reopened for negotiations without
affecting the remaining portions of this MEMORANDUM.
Further,the CITY and UNION acknowledge that an ordinance may be enacted by the
City Council during the term of this MEMORANDUM to supersede the"Resolution." If an
ordinance is adopted which supersedes the"Resolution,"the terms and conditions of the
"Resolution"shall continue to govern the provisions of this MEMORANDUM insofar as such
interpretation would not result in an act which is expressly prohibited by the Ordinance.
In the event the subsequently adopted ordinance prohibits the implementation of the
provisions of this MEMORANDUM(which are interpreted according to the"Resolution")
relating to hours and wages,said provisions which are in conflict therewith may be reopened for
negotiations without affecting the remaining provisions of this MEMORANDUM.
35
IN WITNESS WHEREOF,the parties hereto have fixed their hands and seals the day and
year first above written.
RECORDED SALT LAKE CITY CORPORATION
JUN 18 2064 t By:
Di Ty / f/� ROSS C.ANDERSON
1 ®Rp'C p f MAYOR
ATTEST:/y'C /
thOf %-ik-
71f' Ai
AL
j;' E Cr,IN MAYOR
OCAL 1645 OF THE INTERNATIONAL
`� e?' ^yx ASSOCIATION OF FIREFIGHTERS
t * t1 dad„.fit'�; fi r
APPROVED AS TO FORM `i�Op'• —=' _„•v , y: _`.�
Salt Lake City Attorney's Moe 4'...p�R� J K TIDRO '—%
Date / t+�� Zlx4/ ...-*► PRESIDENT
G-%c r,C.d' (i /
By: LN -
MICHAEL R.FREDRICKSON
VICE PRESIDENT
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE )
On the 18th day of June 2004,personally appeared before me JACK TIDROW,who
being by me duly sworn,did say that he is the President of the INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS Local 1645 and MICHAEL R.FREDRICKSON,who
being duly sworn,did say that he is the Vice President of such UNION,that both such persons
executed the foregoing instrument on behalf of said UNION by authority of the Board of
Directors of the UNION and that said instrument has been duly ratified and approved by the
membership of said UNION and that their execution hereof constitutes as valid and binding act _
on behalf of said UNION and its membership.
= NOTARY P L
Residing in Salt Lake County,Utah
My Commission Expires:
10- 1 -05-
36
APPENDIX A
Salt Lake City Corporation Wage Table For:
Non-Sworn Inspector
Public Education Specialist
Effective July 1,2004,through June 30,2005
Combat Monthly Years of
Step Annual Biweekly Rate Day Rate Equivalent Service
410 A $31,400 00 $1,208.00 $10.78 $15.10 $2,616.67 0-1
410 B $33,052 00 $1,271.20 $11.35 $15.89 $2,754.33 t 1-2
410 C $34,792.00 $1,338.40 $11.95 $16.73 $2,899.33 2-3
410 D $36,623.00 $1,408.80 $12.58 $17.61 83,051.92 3-4
410 E $38,551.00 $1,482.40 $13.24 $18.53 $3,212.58_IL4-5
410 F $40,580.00 $1,560.80 $13.94 $19.51 $3,381.67 5-6
410 G $42,715.00 $1,643.20 $14.67 $20.54 $3,559.58 6-7
410H $44,963.00 $1,729.60 $15.44 $21.62 L$3,746.92 7-8
1410I $47,330.00 $1,820.00 $16.25 $22.75 $3,944.17 8-9
410J $49,821.00 $1,916.00 $17.11 $23.95 $4,151.75 9-10
410 K $50,141.00 $1,928.80—r $17.22 $24.11 $4,178.42 10-17
410 L $50,449.00 $1,940.00! $17.32 i $24.25 $4,204.08 17-20
410
Ml$50,756.00 $1,952.001 $17.43 $24.40 $4,229.67 20 or more
37
APPENDIX A-1
Salt Lake City Corporation Wage Table For:
Firefighter
Effective July 1,2004,through June 30,2005
Combat I Monthly Years of
Step Annual Biweekly Rate Day Rate lEquivalent Service
415 A $33,192.00 $1,276.80 $11.40 $15.96 $2,766.00 0-1 _I
415 B $34,932.00 $1,343.20 $12.00 $16.79 $2,911.00 1-2
415 C $36,768.00 $1,414.40 $12.63 $17.68 $3,064.00 2-3
415 D L$38,712.00 $1,488.80 $13.29 $18.61 $3,226.00 3-4
415 E $40,740.00 $1,567.20 $13.99 $19.59 $3,395.00 4-5
415 F $42,888.00 $1,649.60 $14.73 $20.62 $3,574.00 5-6
415 G $45,144.00 $1,736.00 $15.50 $21.70 $3,762.00 6-7
415 H $47,520.00 $1,828.00 $16.32 $22.85 $3,960.00 7-8
4151 $50,028.00 $1,924.00 $17.18 $24.05 $4,169.00 8-9
415 J $52,656.00 $2,025.60 $18.08 $25.32 $4,388.00 9-10
415 K $52,968.00 $2,037.60 $18.19 $25.47 $4,414.00 10-17
415 L $53,268.00 $2,048.80 $18.29 $25.61 $4,439.00 17-20
415 M $53,580.00 $2,060.80 $18.40 $25.76 t $4,465.00 20 or more
38
APPENDIX A-2
Salt Lake City Corporation Wage Table For:
Aircraft Rescue Firefighter
Firefighter/Engineer
Firefighter/Hazardous Material Specialist
Firefighter/Battalion Aide
Firefighter/Heavy Rescue Technician
Firefighter/Inspector
Firefighter/Investigator
Effective July 1,2004,through June 30,2005
Combat Monthly Years of
Step Annual Biweekly Rate Day Rate Equivalent Service
416 A $35,520_00 $1,366.40 $12.20 $17.08 $2,960.00 0-1
416 B $37,608.00 $1,446.40 $12.91 $18.08 $3,134.00 1-2
416 C $39,516.00 $1,520.00 $13.57 $19.00 $3,293.00 2-3
416 D $41,544.00 $1,597.60 $14.27 $19.97 $3,462.00 3-4
416E 843,620.00 $1,677.60 $14.98 $20.97 13,635.00 4-5
416 F$45,888.00 $1,764.80 $15.76 $22.06 �$3,824_00 5_6—
416 G $48,300.00 $1,857.60 $16.59 $23.22 ' $4,025.00 6-7
4161-1 $50,844.00 $1,955.20 $17.46 $24.44 $4,237.00 7-8
4161 $53,532.00 $2,059.20 $18.38 $25.74 $4,461.00 8-9
416 J $56,340.00 $2,167.20 $19.35 $27.09 $4,695.00 9-10
416 K $56,676.00 r$2,180.00 $19.46 $27.25 $4,723.00 10-17
416 L $57,000.00 $2,192.00 $19.57 $27.40 $4,750.00 17-20
416 M $57,336.00 $2,205.60 $19.69 4, $27.57 $4,778.00 20 or more
39
APPENDIX A-3
Salt Lake City Corporation Wage Table For:
Firefighter/Paramedic
Effective July 1, 2004,through June 30,2005
Combat Monthly Years of
Step Annual Biweekly Rate Day Rate Equivalent Service
420 A $36,840.00 $1,416.80 $12.65 $17.71 $3,070.00 0-1
420 B $39,360.00 $1,513.60 $13.52 $18.92 $3,280.00 1-2
420 C $41,268.00 $1,587.20 $14.17 $19.84 $3,439.00 2-3
420 D $43,308.00 $1,665.60 $14.87 $20.82 $3,609.00 3-4
420E $45,444.00 $1,748.00 $15.61 $21.85 $3,787.00 4-5
420 F $47,628.00 $1,832.00 $16.36 $22.90 $3,969.00 5-6
420 G $50,112.00 $1,927.20 $17.21 $24.09 $4,176.00 6-7
420 H $52,752.00 $2,028.80 $18.12 $25.36 $4,396.00 7-8
420 I $55,536.00 $2,136.00 $19.07 $26.70 $4,628.00 8-9
420 J $58,452.00 $2,248.00 $20.07 $28.10 $4,871.00 9-10
420 K $58,800.00 $2,261.60 $20.19 $28.27 $4,900.00 10-17
420 L $59,124.00 $2,274.40 $20.30 $28.43 $4,927.00 17-20
420 M $59,472.00 $2,287.20 $20.42 $28.59 $4,956.00 20 or more
•
40
APPENDIX B
SALT LAKE CITY FAMILY MEDICAL LEAVE ACT POLICY
Note: The following City policy was in effect on the date of this plan's adoption. It is included
here for information of employees. The City's FMLA policy may change during the term of this
plan. Also,portions of the policy may be determined invalid by the courts. The City and its
employees will comply with the Family Medical Leave Act,as defined in applicable law or
regulation,and as interpreted by the courts. The inclusion of the City's policy in this plan is not
intended to and does not create substantive rights for employees.
3.01.07 Family and Medical Leave Act Policy
GENERAL PURPOSE: To explain the circumstances under which eligible employees may take
up to 12 weeks of unpaid,job-protected leave per 12-month period for certain family and
medical reasons.
I. THE FAMILY AND MEDICAL LEAVE ACT("FMLA")IS A FEDERAL LAW
A. Entitles eligible employees to job protected,unpaid leave for up to 12 weeks per
qualifying l 2-month period for certain qualifying events and health conditions
B. Provides for continuation of group health plan benefits during FMLA leave
C. Restores the employee to the same or an equivalent job upon return to work
D. Protects the employee from discrimination as a result of taking FMLA leave
II. QUALIFYING EVENTS FOR WHICH FMLA CAN BE TAKEN
A. The birth or adoption of a child;
B. Placement of a foster child in the employee's home;
C. A serious health condition of the employee;or
D. The care for a spouse,child,or parent with a serious health condition.
III. FMLA LEAVE WHEN HUSBAND AND WIFE BOTH WORK FOR THE CITY
A. A husband and wife who are eligible for FMLA leave and arc both employed by the
City are limited to a combined total of 12 weeks of leave during the 12-month period
if the leave is taken:
1. for the birth of a child or to care for the child after the birth;
2. for the placement of a child with the employee for adoption or foster care,or to
care for the child after placement;or
3. to care for the employee's parent with a serious health condition.
B. Where the husband and wife both use a portion of the total 12-week FMLA leave
entitlement for one of the purposes set forth in III.A above,the husband and wife
each are entitled to the difference between the amount he/she has taken individually
and 12 weeks for FMLA leave for a qualifying event other than those identified in
IILA.
IV. EMPLOYEE ELIGIBILITY
To be eligible for FMLA leave,the employee must be:
A. employed by the City for at least 12 months and
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B. employed by the City for a minimum of 1,250 compensable work hours as
determined under the Fair Labor Standards Act during the 12-month period
immediately preceding the commencement of the leave.
V. 12-MONTH PERIOD DURING WHICH FMLA LEAVE CAN BE TAKEN
The 12-month period during which the 12 weeks of FMLA leave can be taken is
measured forward from the date the employee's first FMLA leave begins.
VI. EMPLOYEE RESPONSIBILITIES
An employee will:
A. Provide notice to his/her supervisor of the need for leave:
1. for leave that is foreseeable—at least 30 days in advance;
2. for leave that is unforeseeable--as soon as is practicable.
B. Advise his/her supervisor if the leave is to be taken intermittently or on a reduced
leave schedule basis.
C. Provide medical certification for leave taken as a result of a serious health condition
of the employee or of a serious health condition of the employee's spouse,parent,or
child,if requested by the City's designee.
1. Failure by the employee to comply with the certification requirements may result
in a delay in the start of FMLA leave,a delay in the restoration of the employee
to his/her position,or unprotected leave status.
D. Comply with arrangements to pay the employee-paid portion of the group health plan
benefit premiums(See Section XI).
E. Periodically advise his/her supervisor,at least every 30 days,of his/her condition,or
the condition of his/her spouse,child or parent,and the intent to return to work at the
conclusion of leave.
F. Notify his/her supervisor of any changes in the circumstances for which leave is
being taken.
G. Provide his/her supervisor with a fitness for duty certification if required by his/her
supervisor,timekeeper,or HR consultant upon the employee's return to work
following the employee's serious health condition.
VII. THE CITY'S RESPONSIBILITIES
As the employer,the City,through its designees,will:
A. Maintain coverage of group health plan benefits at the level and under the conditions
coverage would have been provided if the employee had continued in employment
without utilizing FMLA leave.
B. Determine and notify the employee whether the leave will be counted against the
employee's FMLA leave entitlement.
C. Provide the requirements for furnishing medical certification for a serious health
condition of the employee or for the serious health condition of a parent,child,or
spouse of the employee and the consequences for failing to do so;
D. Notify the employee of the requirement to substitute paid leave for the FMLA leave.
E. Notify the employee of the requirements for making the employee-paid portion of
group health plan benefit premium payments and the consequences for failing to
make timely payments.
F. Notify the employee of the requirements to submit a fitness for duty certificate to be
restored to employment.
G. Notify the employee of his/her status as a"key employee,"if applicable(See XII.D).
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H. Notify the employee of his/her right to return to his/her position or an equivalent
position when leave is completed.
I. Notify the employee of his/her potential liability to reimburse the City for the
employer-paid group health plan benefit premium payments made while the
employee is on unpaid FMLA leave, if the employee fails to return to work after the
FMLA leave.
VIII. MEDICAL CERTIFICATION
A. The City will require medical certification of any serious health condition of the
employee or of the serious health condition of the employee's spouse,parent, or
child.
B. If the leave is foreseeable, the employee should provide the medical certification prior
to taking the leave.
C. If the leave is not foreseeable, the employee shall provide medical certification within
15 days after being requested to do so by the City's designee.
D. An employee on approved FMLA leave will be required to infoiin his/her supervisor
every 30 days regarding his/her status and intent to return to work upon the
conclusion of the leave (See, also, Section VI.E).
E. The City reserves its right to require, at its own expense, second and third medical
opinions, as specified by the FMLA.
IX. USE OF PAID LEAVE IS REQUIRED BEFORE TAKING UNPAID FMLA LEAVE
The City requires all employees utilizing FMLA leave to exhaust their paid leave
allotments prior to taking FMLA leave unpaid. The paid leave parameters are defined by
the employee's contract or compensation plan.
A. FMLA leave for qualifying events, other than the serious health condition of the
employee
1. Plan A
a. paid leave comes first from dependent leave, in the amount allowed in the
contract/compensation plan.
b. the remaining leave comes from the employee's vacation time.
2. Plan B
a. either personal leave time and/or vacation time can be used
b. severance account hours can be used in the same manner as sick leave hours
are allowed under Plan A.
B. FMLA leave for the serious health condition of the employee
1. Plan A
a. paid leave comes first from hospital leave (when appropriate);
b. followed by all sick leave
c. followed by vacation time
2. Plan B
a. paid leave will be provided when appropriate from the Short Term Disability
Insurance Program
b. personal leave, severance account hours, and vacation time will
then be utilized in that order.
C. Compensatory time may be used for an FMLA reason but any period of leave paid
from the employee's accrued compensatory time account will not be counted against
the employee's FMLA leave entitlement.
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D. Leave taken for a serious health condition covered under Workers' Compensation
will be counted towards an employee's FMLA entitlement. Accrued paid leave may
be used at the same time the employee is collecting a Workers' Compensation benefit
only to the extent that it allows the employee to collect 100 percent of his/her net
salary.
X. INTERMITTENT LEAVE
A. Leave may be taken intermittently or on a reduced leave schedule when medically
necessary for medical treatment of a serious health condition, for recovery from such
treatment or from the serious health condition, or when the serious health condition of
a spouse,parent or child of the employee requires intermittent treatment and requires
the employee's care and/or involvement in the treatment and or the care of the parent,
child, or spouse.
1. When the need for intermittent or reduced schedule FMLA leave is foreseeable,
the employee must make reasonable attempts to arrange the schedule of the leave
so as not to unduly disrupt the City's operations.
B. The employee taking intermittent leave under the FMLA may be required to transfer
temporarily to an available alternative position for which the employee is qualified.
The alternative position must have equivalent pay and benefits and better
accommodate recurring periods of leave than the employee's regular position. FMLA
leave taken for the birth or adoption of a child or for the placement of a foster child in
the employee's home cannot be taken on an intermittent or reduced leave schedule.
XI. BENEFITS WHILE ON FMLA LEAVE
A. For the duration of FMLA leave, the City will pay the City-paid portion of the
premiums for group health plan benefit coverage,which includes medical insurance
coverage, Basic Employee Terris Life Insurance, and Short Term Disability Insurance,
subject to Section XI.A.3.
1. While on FMLA leave utilizing paid leave, the employee-paid portion of the
group health plan benefit premiums are deducted from employee's check as
usual.
2. When FMLA leave is unpaid, the employee must contact the Benefits Section of
Human Resources (535-7900) to make arrangements to pay the employee portion
of the insurance premiums. The employee and employer will agree in writing as
to the way the employee-paid portion of the group health benefit plan premium
payments will be paid, under the four allowable options:
a. Payment would be due at the same time as it would be made if by payroll
deduction;
b. Payment would be due on the same schedule as payments are made under
COBRA;
c. Payment would be prepaid pursuant to a cafeteria plan at the employee's
option; or
d. Prepayment of the employee-paid portion of the group benefit plan premiums
through increased payroll deductions before the leave is taken,when the need
for unpaid FMLA leave is foreseeable, or payment of the employee-paid
portion of the group benefit plan premiums through increased deductions
after the employee returns to work following unpaid FMLA leave when the
need for unpaid FMLA leave is not foreseeable.
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3. If the employee-paid portion of the group health plan benefit premium is more
than 30 days late,the City's obligation to maintain group health plan insurance
coverage will cease.
a. The City,through its designee,will provide written notice at least 15 days
prior to the date coverage will be cancelled that payment has not been
received.
b. The employee will have 15 days after the date of notification,or 30 days
from the date the premium was due,whichever is greater,to make the
required premium payment(s).
c. If the employee fails to pay his/her portion of the group health plan benefits
premium(s),the employee will lose his/her group health plan benefit
coverage.
B. The City is not responsible for maintaining non-health care related benefits paid
directly by the employee through voluntary deductions(dental,supplemental,and
dependent life insurance,accident insurance plans,or LTD). It is the employee's
responsibility to make arrangements through the Benefits Section of Human
Resources(535-7900)for the payment of those benefit premiums when on unpaid
FMLA leave.
C. If an employee fails to return to work after unpaid FMLA leave has ended,the
employee shall reimburse the City all City-paid group health plan benefit premiums it
paid on behalf of the employee unless the failure to return from leave is due to:
1. the continuation,recurrence,or onset of a serious health condition of the
employee or the employee's family member which would otherwise entitle the
employee to leave under FMLA;
2. other circumstances beyond the employee's control.
D. An employee is considered to have returned to work following FMLA leave if he/she
returns for at least 30 calendar days.
E. An employee's seniority will not be interrupted if the employee utilizes paid leave
while on FMLA leave. Once paid leave is exhausted,no seniority or pension credit
will be accumulated for the unpaid FMLA leave time. Upon return from unpaid leave
the employee's seniority will continue where the accumulation left off.
XII. RETURN TO WORK AFTER FMLA LEAVE
A. Upon return to work following FMLA leave,the employee must provide a medical
certification of the employee's fitness to return to work if the FMLA leave was taken
for the employee's own serious health condition.
B. If the employee fails to provide a fitness certificate after being notified by the City of
the need for the certificate,the City,through its designee,may delay the employee's
return to work until the fitness certificate is provided.
C. An employee will be returned to his/her job or an equivalent job with equivalent pay,
benefits,and working conditions,if the original job is not available.
D. Key employees that earn salaries in the top ten percent of Salt Lake City
Corporation's workforce and whose return would cause"substantial and grievous
economic injury"or hardship to the City's operations may not be reinstated.
E. The City may take any personnel action/decision that would have happened if the
employee had continued to work while the employee is on FMLA leave.
Effective Date: March 29,2000
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APPENDIX C
BIWEEKLY GROUP INSURANCE PREMIUMS 2004-2005
FULL-TIME EMPLOYEES
PEHP MEDICAL PLANS
CITY EMPLOYEE
Preferred Care SHARE SHARE
Single 230.60 0.00
Double 230.60 75.70
Family 230.60 90.83
Advantage Care
Single 230.60 0.00
Double 230.60 65.62
Family 230.60 85.89
Summit Care
Single 230.60 0.00
Double 230.60 56.15
Family 230.60 80.96
DENTAL PLANS
EMPLOYEE
PEHP Preferred SHARE
Single 13.45
Double 27.17
Family 35.56
PEHP Traditional
Single 15.82
Double 31.85
Family 41.67 _
PEHP BASIC TERM LIFE
(coverage reduces after age 65) CITY EMPLOYEE
SHARE SHARE
$50,000 3.50 0.00
PEHP BASIC AD&D
(coverage ceases at age 70)
$50,000 2.06 0.00
LONG TERM DISABILITY
(Police Dept.payspremium for sworn officers) 5.50
PEHP DEPENDENT CHILD TERM LIFE
$5,000 0.27
$7,500 0.41
$10,000 0.54
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PEHP OPTIONAL AD&D(coverage ceases at age 70)
AMOUNT EMPLOYEE FAMILY
25,000 0.43 0.58
50,000 0.85 1.14
75,000 1.28 1.72
100,000 1.69 2.28
125,000 2.12 2.85
150,000 2.54 3.42
175,000 2.97 3.99
200,000 3.39 4.57
225,000 3.82 5.13
250,000 4.23 5.71
PEHP ACCIDENT WEEKLY INDEMNITY(salary limitation)
MONTHLY MAX$ PREMIUM
< 250 25 0.12
251 to 599 50 0.24
600 to 700 75 0.35
701 to 875 100 0.46
876 to 1050 125 0.58
1051 to 1200 150 0.70
1201 to 1450 175 0.81
1451 to 1600 200 0.93
1601 to 1800 225 1.04
1801 to 2164 250 1.16
2165 to 2499 300 1.39
2500 to 2899 350 1.62
2900 to 3599 400 1.86
3600 > 500 2.32
PEHP ACCIDENT MEDICAL EXPENSE
COVERAGE PREMIUM
2,500 0.38
PEHP OPTIONAL EMPLOYEE&SPOUSE TERM LIFE
AGE (300,000 max) RATES PER 1000
< 30 0.0257
30 - 35 0.0274
36 - 40 0.0385
41 - 45 0.0472
46 - 50 0.0895
51 - 55 0.1075
56 - 60 0.1715
*61 - > 0.2909
*After age 65,coverage reduces but rates remain the same
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Chapter 2.51 (Salt Lake City Code)
MILITARY LEAVES OF ABSENCE
2.51.010 Benefits When An Employee Departs On Military Leave:
A. Use Of Vacation And Personal Leave Time: A full time employee who requests a
military leave of absence from city employment and who receives orders to serve with a
unifoiiiied service may request compensation for all or any portion of the employee's unused
vacation and personal leave time accrued prior to departing for military service. Upon request by
a full time employee taking a military leave of absence, the city will compensate the employee
based on the employee's hourly rate of pay for each hour of unused vacation time. Upon request
by a full time employee taking a military leave of absence, the city will compensate the
employee at a rate of fifty percent (50%) of the hourly rate for each hour of unused personal
leave time.
B. Use Of Unused Holiday Time: A full time employee who requests a military leave of
absence from city employment and who receives orders to serve with a unifoiiiied service may
request compensation for all or any portion of the employee's unused holiday time accrued
within the twelve (12)months prior to departing for a military leave of absence. Upon request
the city shall compensate the employee based on the employee's hourly rate of pay for each hour
of holiday time requested.
C. Life Insurance And Healthcare Benefits: A full time employee who requests a military
leave of absence from city employment and who receives orders to serve with a uniformed
service may, as the employee departs,request limited continued enrollment in the city's
healthcare or life insurance programs. The city will pay the premium for the employee's basic
teitu life insurance benefit, to allow continuous coverage while the employee is on military
leave. The employee shall be responsible for all other premium costs of such programs for the
period the employee is in an unpaid status on a military leave of absence. (Ord. 22-03 § 1,
20031)
2.51.020 Benefits While An Employee Is On Military Leave:
A. Military Leave Pay: A full time employee who requests a military leave of absence from
city employment and who receives orders to serve with a unifoinued service shall receive his or
her military leave pay, as provided in the relevant labor agreement or compensation plan. Such
military leave pay shall be paid each year to a full time employee on a military leave of absence
as set forth in the relevant labor agreement or compensation plan. In the event an employee dies
while on a military leave of absence, the city shall pay any unpaid military leave pay to the
employee's beneficiary or beneficiaries.
B. Benefits During A Military Leave Of Absence: Except for benefits under section
2.51.010 of this chapter and subsection A of this section, an employee on a military leave of
absence is not eligible for any other city compensation during his or her service with the
unifoiiiied services. (Ord. 22-03 § 1, 20032)
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2.51.030 Benefits Upon Reemployment:
A. Benefits Set Forth Under Federal And State Law:Full time employees returning from a
military leave of absence shall receive all benefits required by federal and state law,including
city contributions to the employee's pension benefit plans for the period of time the employee
served with a uniformed service.
B. Additional Benefits For Employee Returning From Military Leaves Of Absence:Full
time employees who return from a military leave of absence and who qualify for reemployment
benefits under federal law shall receive the following additional benefits.The city shall calculate
the amount of vacation,holiday,sick leave,and personal leave hours the employee would have
earned had the employee remained with the city for the period of one year from the date the
military service began,prorated if the employee's military leave of absence is less than one year.
After calculation,the resulting additional vacation,sick leave,holiday,or personal leave time
will be added to the employee's leave accounts upon reemployment with the city.At the
discretion of the mayor,the city may within a reasonable period of time after an employee
returns from a military leave of absence compensate the employee for the value of the
employee's vacation and holiday leave that is added to the employee's leave account.If the
addition of these added leaves to an employee's leave accounts would cause the employee,by
labor agreement or city policy,to forfeit or lose any portion of the added leave the employee
shall have at least one additional year after his or her return from a military leave of absence to
use such added leave before being subject to the forfeit or loss provisions of applicable policy or
labor agreement.In the event an employee dies while on a military leave of absence,the city
shall pay the value of any previously accrued and unused vacation and holiday leave,plus the
additional vacation and holiday leave the city would have added to the employee's leave accounts
upon a return to city employment at the time of the employee's death,to the employee's
beneficiary or beneficiaries.
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The following Executive Order was in effect on the date of this MEMORANDUM'S
adoption. It is included here for information of UNIT employees. The Executive Order may
change or be revoked during the term of this MEMORANDUM The inclusion of the Executive
Order in this MEMORANDUM is not intended to and does not create substantive rights for
UNIT employees or for the UNION.
EXECUTIVE ORDER: FIRE DEPARTMENT COMBAT CREWS: JUNE 19, 2002
FIRE DEPARTMENT COMBAT CREWS
RESPONSIBLE CITY AGENCY: Fire Department
1. General
1.1. The City has created a Vacation/Holiday Buy Back program within the Fire Department to
provide staffmg of four firefighters per engine or truck to the extent possible. The Fire
Chief shall maintain the Vacation/Holiday Buy Back program as one of the highest budget
priorities of the Fire Depaitiiient and shall manage 'the Fire Depaitiiient budget with a goal
of adequately funding that program.
1.2. When staffmg levels would otherwise be reduced, the Fire Chief shall solicit volunteers
from the Vacation/Holiday Buy Back program. Should sufficient volunteers from the
Vacation/Holiday Buy Back program not be available,the Fire Chief may solicit other
employees from the Department employee roster.
1.3. Fire Department personnel working either under the Vacation/Buy Back program or
otherwise off the employee roster shall be compensated as required by City ordinance or by
any memorandum of understanding between the City and the employees'representative
organization.
CURRENT REFERENCES: None
EFFECTIVE DATE: June 19, 2002
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