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City of San Diego and Int by jizhen1947


									  City of San Diego and Int. Assn. of Fire Fighters, Local 145
                City’s Last, Best and Final Proposal to Union

                                    April 12, 2007

Article 22           Flexible Benefits Plan

The City proposes to delete the current language in Article 22 and replace it with the
following language:

An IRS qualified cafeteria-style benefits program is offered to all eligible employees
called Flexible Benefits Plan (FBP). This plan provides a variety of tax-free benefit
options. Eligible employee means any employee in one-half, three quarter, or full-time
status. Eligible employee excludes all employees in an hourly status. Eligible
employees must have no less than 40 hours of compensated time during each pay
period in order to receive City paid benefits. If an eligible employee has less than 40
hours of compensated time during a pay period, the eligible employee will have the right
to continue their benefits by paying the City the full cost to continue any or all of the
employee’s benefits during that period. In the case of FMLA approved absences, the
City will continue to pay for the employee’s health, life, and dental, vision and
cancer/intensive care protection insurance for up to 12 weeks per year in accordance
with FMLA requirements.

The City’s contribution to the Flexible Benefits Plan, effective July 1, 20037, will
increase by $400 for a total of $5,125. Effective July 1, 2004, the City’s contribution to
the Flexible Benefits Plan will increase by $450 for a total of $5,575. be based on the
level of health insurance coverage selected by the eligible employee. The City’s
contribution to FBP will be pro-rated according to the percentage of time worked if the
employee works less than full-time status. The FBP annual value for FY 2008 will be as

Health Waiver (for those that have other comprehensive health coverage) - $1,000

Employee only – 100% of cost for highest cost health and dental HMO plans

Employee & 1 Dependent – 80% of cost for highest cost health and dental HMO plans

Employee & 2+ Dependents - 60% of cost for highest cost health and dental HMO plans

On or about April 1, 2004, and on or about April 1, 2005, or earlier if mutually agreed,
the parties will exchange plan changes and rates for the parties’ respective plan

The benefits available through FBP and the respective annual costs are reflected in the
Flexible Benefits Summary Highlights booklet provided to each employee each year of
the agreement. Significant changes to the benefit options for FY 2008 are:

   1. Eliminate life insurance options from FBP and provide all eligible employees
      $50,000 group term life through duration of employment.
   2. Sponsored Dependent (parents, siblings) no longer eligible for health coverage.
   3. Local 145 health and dental plans will no longer be offered through the City’s
      Flexible Benefits Plan.


1. It is the intent of the parties that all plans offered in the Flexible Benefits Plan comply
with all applicable State and federal laws, including IRS regulations as interpreted by
the City Attorney. All disputes over interpretation of the above shall be submitted to the
appropriate agencies for interpretation.

2. The employee must select a life insurance and health insurance (unless covered
under another comprehensive health plan). An employee may opt out of City health
insurance if he/she has other comprehensive health insurance by selecting the “waiver”

3. With the remaining FBP monies, eligible employees may select from other optional
benefits including dental, vision, cancer/intensive care protection, 401(k),
Dental/Medical/Vision (“DMV”) and Dependent Care reimbursement and/or cash
payment. All eligible employees will be eligible for the City’s dental and vision plans.
Eligible employees that are members of Local 145, will also be eligible to select a dental
and/or vision plan offered by Local 145.

4. After selecting required health and life insurance coverage, employees who are
unable to enroll in their desired dental plan may purchase such benefit by making an
“out-of-pocket” payment for the cost difference. Only dental coverage may be obtained
in this manner. Such “out-of-pocket” contribution must be made at the time of Open
Enrollment and is nonrefundable.

5. In addition to designating flexible benefits monies to pay for Dental/Medical/Vision or
   Dependent Care reimbursements, employees may designate a specific amount of
   pre-tax money (some IRS restrictions may apply) to be withheld from their
   paychecks to reimburse eligible out-of-pocket medical, dental, vision or dependent
   care expenses. These payroll deductions must be designated during the open
   enrollment period, are irrevocable, and monies are forfeited if not used within the
   fiscal year.

   Eligible employees are required to enroll for their benefits each year during the
   designated open enrollment period. If an employee fails to complete enrollment
   within the open enrollment period, the employee’s current options for health (or

comparable plan if unavailable), including dependent health offset, and life, will be
automatically continued at the same level for the next year as if the employee had
elected to keep them. All other benefit options will be cancelled. Employees agree
that the City may make a payroll deduction for employee and/or dependent health
coverage if there is not enough FBP allotment to pay for all benefit options. Any
monies remaining from the FBP allotment will be paid out as taxable cash payment.
All payroll deductions, including DMV and Dependent Care reimbursement, will
continue and may not be eligible to be stopped until the following open enrollment

 The City agrees that it will not arbitrarily or unreasonably deny Local 145 the
opportunity to offer insurance plans to employees. Such coverage must include
coverage at an equal or better level than that offered through the City’s health plans.
Local 145 agrees to inform Employee Assistance Program (EAP) of any changes to
the mental health coverage and/or provider in order for EAP to give input on the
proposed changes to ensure that City employees are receiving adequate mental
health coverage through their selected health plan. Local 145 agrees to indemnify
the City against any and all claims arising out of Local 145’s administration of this

 Both parties agree to begin discussions regarding the implementation of a joint
management/labor benefits committee in an effort to mutually agree upon the benefit
plans to be offered to active/retired employees thus eliminating the separate POA
plans. Until such time, Management and the POA agree to meet and confer without
impasse and with mutual consent on the nature and scope of the committee.

Audit and Inspection of Records

The parties agree that the City Auditor is authorized to audit the Local 145 health
plan during the period from August through January 31.

a. Audit and Inspection of Records

   Local 145 shall make available to the City for examination, at reasonable
   locations within the City/County of San Diego, the following information:
        Monthly enrollment figures
        Monthly check registers
        A copy of the Plan Document/Summary Plan Description, and
           corresponding amendments
        A copy of the excess risk contract
        A copy of the TPA contract
        A copy of the PPO contract
        A claim lag report
        A copy of the reserve calculation

       Disclosure of the information is limited to the plan year ending on Jne 30th of
       the plan year immediately preceding the onset of the audit.

b. The Local agrees to provide to the City annually the health plan’s full disclosure
   financial statements prepared in accordance with generally accepted auditing
   standards within 120 days of the end of the health plan’s fiscal year. In addition,
   Local 145 will submit actuarial reports annually and the levels of reserves for
   Health Plan purposed will be disclosed. Disclosure of this information will
   include, but may not be limited to:

  Financial Records:

      Financial statements, audited if available, for the prior fiscal year.
      Financial data and actuarial reports used in setting the rates for fiscal year
      Dollar value of pending claims outstanding as of the end of fiscal year 1995.
      Current liability to Local 145’s General Fund.


      Fiscal year beginning and ending dates.
      Health Plan Document and amendments
      Sources of contributions for the prior fiscal year identified by major
       contributions such as employee contributions, dependent coverage, retiree
       contributions, transfers from other funds, receipts from insurance and other
      Copies of excess risk insurance policies.
      Number of eligible enrollees and number of actual enrollees by employee and
       retiree groups.

  The parties agree that Local 145 is authorized to audit the City’s health plans,
  during the same August through January period detailed in the opening
  paragraph, to the extent that documents are requested and provided pursuant to
  state and federal public information laws.

  Flexible Benefits Joint Study

  The parties agree to begin a joint study of the structure of the Flexible Benefits
  program by August 1, 2005, and to complete this study by January 15, 2006.
  The purpose of the joint study is to establish a process to:

  a.      Mutually select the benefits plans that will focus on the best benefit
          specifications and the best claims administration for the lowest costs;
  b.      Mutually oversee the administration of the plans and the actual
          costs/experience rates;
  c.      Narrow the medical plan options;

       d.     Consider the cost advantages of mandating participation in a medical
       e.     Consider decreasing the cash option, and using that savings to support
              payment of dependent medical coverage; and
       f.     Consider requiring all cash options to be placed in individual retiree
              medical trust accounts.

In lieu of the above joint study, IAFF, Local 145, may opt to participate in a joint study of
these subjects with other City unions on terms acceptable to IAFF, Local 145.

Article 23           Retirement

Proposed Changes to Article 23, Paragraph 3, Regarding the City’s “Pick Up”

Revise Article 23, paragraph 3 to reflect the City’s current “pick up” of a portion of the
employee’s retirement contributions. A new paragraph would be placed at the
beginning of Article 23, paragraph 3, as follows:

“The City agrees to continue to “pick up” or pay for 4.3% of the employee’s portion of
the required retirement contribution to SDCERS. The employee, upon termination, will
have no vested right in the amount so contributed by the City. Substitution of this
portion of the employee’s contribution by a City payment will not decrease the total
amount applied towards the required retirement contribution, and will not affect
retirement benefits. Provided, however, such payment shall not exceed any employee’s
total contribution to the system.”

After that paragraph, the following sentence would be added prior to what is currently
contained in Article 23, paragraph 3:

“The following language has been left in the MOU for historical information purposes
only, and is of no force and effect during the term of this MOU:”

Article 24           Salaries

The City proposes no general salary increase for the one year term of this MOU.

Article 25           Grievance Procedure

To address a proposal by Local 145 with regard to the Grievance Procedure, the City
agrees to add the following sentences at the end of Step 6 of the Grievance Procedure:

“The City Council shall have one year from the date that Local 145 serves written notice
on the Management Team of its desire to have the grievance heard before City Council,
within which to calendar the grievance for hearing. If City Council does not calendar the
matter for consideration within the one year period, then the grievance shall be
considered granted.”

[The above was tentatively agreed to on 3/29/07.]

Articles 17          Special Assignment Pay

US&R Canine Handler

Add: US&R Canine Handler to existing Canine Handler Pay Section

Current Language:

Canine Handler Pay:

Effective July 1, 2002, an hourly rate equivalent to five percent (5%) of the average
hourly rate for this classification will be paid to the Accelerant Canine handler only when
the handler is assigned a dog.

Change the current language and add to it so that this subparagraph reads as follows:

“Effective July 1, 2007, a five percent (5%) specialty pay will be paid as a special pay to
the Accelerant Canine handler only when the handler is assigned a dog. Up to four (4)
members of the US&R Team will be designated as canine handlers. Contingent upon
continued availability of grant funding, these handlers will be paid the special pay set
forth above only when assigned a dog. All other costs associated with the acquisition,
training, maintenance and care of the dog will be through grant funding, with the
exception that no vehicle shall be provided. Management agrees to assign a high
priority to the use of available grant funds for continuation of the US&R canine program.
However, should grant funding to support this program be discontinued, this program,
support for the program and associated special pays will terminated effective
immediately upon termination of the grant funding.”

Article 27           Term

The City proposes a one year term commencing July 1, 2007.

Article 28            Leave Programs

Delete Article 28, paragraph 6, and replace it with the following language:

“Military leave for members of Local 145 will be administered in accordance with
Personnel Manual Index Code I-10 and USERRA.”

Add a new paragraph 9 to Article 28, that reads as follows:

“The Department can grant so-called “Red A” leave, which is approved unpaid leave, in
Management’s sole discretion.”

Article 29           Personnel Regulations

Strike “Fire-Rescue Department Drug and Alcohol Screen Policy” and “Fire-Rescue
Department Last Chance Agreement Policy” from list of policies in Article 29.

Article 35           Overtime

The City accepts Local 145’s proposal that effective July 1, 2007, Local 145
represented classifications can accrue 120 hours of compensatory time for overtime
hours worked, rather than the current limit of 96 hours. This change will be
accomplished by changing the number 96 to 120 in the last sentence of Article 35,
paragraph 5 of the MOU.

[The above was tentatively agreed to on 3/14/07.]

Article 43             Emergency Medical Services

First Proposed Change to Art. 43

Add a sentence to Article 43(I)(3) to clarify that EMS Battalion Chiefs, if certified as a
paramedic, will be eligible for the $500 bonus under this subparagraph.

Current language is:

"Effective October 1, 1991, a paramedic certification bonus of $500 shall be paid to all
certified personnel in the bargaining unit, with the exception of Battalion Chiefs, upon
certification and re-certification as a paramedic."

Proposed change:

Add an additional sentence to that paragraph that states:

“EMS Battalion Chiefs, if certified as a paramedic, will be eligible for the $500 bonus.”

[The above was tentatively agreed to on 3/12/07.]

Second Proposed Change to Art. 43

Require rated, non-posted paramedics to perform certain duties, as set forth below, as a
condition of receiving the 5% special assignment pay.

The proposed language is to add to Article 43(I) an item 6 that reads as follows:
“Effective July 1, 2007, to remain eligible to receive the 5% Paramedic Specialty Pay,
rated, non-posted paramedics must agree to:

a. Participate in a chart audit program wherein they will audit the patient charts of
paramedics (chart audits will be equally distributed among rated paramedics); and

b. Participate in the continuing education, quality assurance and ambulance rotation
programs; and

c. Serve as a back-up Battalion Medical Officer (BMO).“

Third Proposed Change to Art. 43

The proposed language is to add to Article 43(I) an item 7 that reads as follows:

7.     The Fire Chief agrees to recommend to the San Diego Medical Services
       Enterprise LLC Board that the 5% Paramedic Specialty Pay for rated, non-posted
       paramedics be funded through the LLC budget and not be dependent on
       sufficient profit distribution.

Article 55    Side Letters

Delete the current language and replace with the following updated language:

“Effective July 1, 2007, all side letters executed by both parties not specifically
referenced by the current Memorandum of Understanding shall expire and be of no
further force and effect. The current MOU as printed will represent all MOU agreements
between Local 145 and the City.”

Article 56(VIII)     Drug and Alcohol Screening

Modify existing language to read:

A Last Chance Agreement may be offered by the City to an Employee in the City’s
discretion. Any Last Chance Agreement will be held in a sealed envelope in the
Departmental Personnel file for the duration of the Employee’s employment.

Add a second sentence to Article 56(VIII), as follows:

Any employee violating a Last Chance Agreement will be terminated, and a Last
Chance Agreement will be offered only once during an employee’s employment with the

Article 59           Long Term Disability and Industrial Leave

Strike A.R. 63.00 that has been incorporated by reference into the MOU. (Strike the
portion beginning with A.R. 63.00 at p. 62 of the MOU through item 4(g) on p. 64.)

Staffing Policy Manual Changes

Proposed Change # 1:

Station 41 Proposal
(to be placed at Section 5.7(C) of the Staffing Policy Manual

Station 41 US&R Specialty Station

1. Minimum Qualifications:

To be eligible to bid for a position at the US&R station, (Station 41), personnel must be
a member in good standing of CA-TF8 and meet position descriptions for the rank
positions as list below.

2. Training
Contained within the Cooperative Agreements between the City of San Diego Fire-
Rescue Department (SDFD) and the Department of Homeland Security/FEMA
(DHS/FEMA) training requirements have been identified for each position. The training
requirements from DHS/FEMA should be considered in addition to the current list of
courses identified in the Final Agreement letter for Rescue 4 and US&R 41 Terms and
Conditions (Transfer Manual 5.6.C). Specific task force position training requirements
as stated in the DHS/FEMA Cooperative Agreements shall not be a requisite
requirement to bid into either station 4 or the US&R support station, however personnel
wishing to bid to either of these stations must first be on the task force and agree to
attend the courses when offered through the task force program office or risk losing
their position at the station and being removed from the task force.

3. Filling of Vacancies:

a. A canine search specialist with certified US&R canine will have 1st priority for filling
one position at the US&R station per division. *

b . A canine search specialist with canine that is working through the certification
process will have 2nd priority for filling one position at the US&R station per division on a
temp perm basis. Upon successful certification, this will become a permanent
assignment. This process shall be completed in 18 months or less. Exceptions to this
time frame must be approved in writing by the US&R program office of SDFD. *

c. In no case shall more than one canine and canine search specialist be assigned to
any one division.

d. All other positions shall be filled using the qualifications as list in this section, The
Senior TF member in rank that meets the position requirements will be awarded the

   1.     Station 41 Captains task force members:
          a. Task Force Leader
          b. Logistics Manager
          c. Plans Manager
          d. Search Manager
          e. Rescue Manager
          f. Safety Officer
          g. Canine Search Specialists *

   2.     Station 41 Engineers, task force members:
          a. Logistics Manager
          b. Logistics Specialists
          c. Communications Specialists
          d. Search Team Manager
          e. Technical Search Team Specialists
          f. Plans Manager
          g. Technical Information Specialists
          h. Rescue Team Manager
          i. Rescue Team Specialists
          j. Safety Officer
          k. Heavy Rigger
          l. Canine Search Specialists *

   3.     Station 41 Fire Fighters, task force members,:
          a. Logistics Manager
          b. Logistics Specialists
          c. Communications Specialists
          d. Search Team Manager
          e. Technical Search Team Specialists
          f. Plans Manager
          g. Technical Information Specialists
          h. Rescue Team Manager
          i. Rescue Team Specialists
          j. Safety Officer
          k. Heavy Rigger
          l. Canine Search Specialists *

   4.     Station 41, Fire Fighter/ Paramedic, task force members:
          a. Medical Specialists (practicing paramedic)
          b. Any Fire Fighter Paramedic, TF member (practicing paramedic)

Proposed Change # 2:

Modify Cross-Divisional Bidding
(Change to be reflected in Staffing Policy Manual)

Pilot Program

1.     The provisions set forth below will be implemented for a six-month pilot program
commencing on July 1, 2007, in an effort to minimize the administrative impacts of the
cross-divisional bidding provision in the Staffing Manual.

2.      Management will monitor the impacts of these pilot provisions to determine if the
desired reductions in administrative impacts have been achieved. If, in management’s
sole discretion, the desired reductions have not been achieved, cross-division bidding
will be eliminated on January 1, 2008.

Mandatory Assignment to Unfilled Stations

1.      If a station vacancy remains unfilled after it has been open for bid for one 28-day
cycle, the Battalion One Chief shall fill the vacancy. This shall be done on the bid fill
date by assigning the most junior member on that division who does not have a
permanent assignment and is otherwise qualified to fill the position.

2.     In the event there are multiple unfilled station vacancies, the Battalion One Chief
shall contact a like number of the most junior unassigned members on that division.
These members shall be offered, in seniority order, the opportunity to select from the
available assignments until all vacancies have been filled.

3.     Probationary firefighters who have completed their D-Division rotation and, if
applicable, field internships, shall be subject to mandatory station assignment.

4.     All station assignments made under this provision shall be deemed permanent
and the member may only vacate the assignment by successfully bidding for another
permanent vacancy or successfully requesting an inter-division transfer to relief status
via the existing process for these transfer requests.

Requirements for Transfer Upon Successful Bid

1.     Members who are successful in obtaining a cross-divisional bid shall be required

a.       Pay back all outstanding trades with members assigned on the division to which
they are transferring by the effective date of the transferring member’s new assignment.
If this cannot be done, the transferring member shall be charged annual leave to make
whole any failed trades. If a member is unable to payback their impacted trades and
lacks sufficient annual leave to make whole their failed trades, the member’s bid award
shall be rescinded and the station reopened for bid. The member shall lose any right of
return to the station assignment they held prior to their bid and shall be subject to
mandatory assignment to a station vacancy in accordance with the above seniority

b.      Strive to complete required training (e.g., In-Service and Battalion Medical
Training) prior to their transfer to their new assignment. If this cannot be accomplished,
the member shall strive to complete these requirements after their transfer date, but
before end of the training cycle. Members whose names appear on training make-up
lists shall be required to submit documentation explaining why training was missed and
be subject to progressive discipline for repeated missed training without acceptable

Modify Unscheduled Leave Policy
(Change to be reflected in Staffing Policy Manual, Section 2.4.B.4)

Modify Staffing Policy Manual to state that all requests for Annual Leave received less
than 44 hours before effective date/time will be treated as Unscheduled Leave
regardless of whether personnel are available on the pick list.

Proposed Language Change:

a. If a qualified relief is available on the pick-list, The leave will be approved for the
twelve (12) or twenty-four (24) hour duration requested and treated as Unscheduled
Scheduled Leave for purposes of potential disciplinary action.

b. If no qualified relief is available on the pick-list, and the requestor still desires to take
leave, the leave will be approved for twenty-four (24) hours only and will be tracked as
Unscheduled Leave for purposes of potential disciplinary action.

bc. If a need/desire to take leave occurs after 2030 hours, the requestor must contact
the Staffing Desk between 0600-0630 hours of the effective date to make the request.
The leave will be approved for twenty-four (24) hours only and will be tracked as
Unscheduled Leave.

cd. Personnel who exceed forty-eight (48) hours of Unscheduled Leave in a quarter or
ninety-six (96) hours in a year will be subject to progressive disciplinary action.

de. If the unscheduled leave is due to illness/injury, employees will only be required to
state the anticipated duration of their absence. Staffing Desk personnel are not to
inquire as to the specific illness resulting in the absence.


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