HomeMy WebLinkAboutR-2005-202 IAFF Local 469 (LEOFF) & Yakima Public Safety Managers Guild Memorandum of UnderstandingRESOLUTION NO. R-2005-202
A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding
between the City of Yakima, the International Association of Firefighters
Local 469 (LEOFF), and the Yakima Public Safety Managers Guild
regarding work schedules, deferment of a Kelly day, and recruitment and
selection of candidates for day positions.
WHEREAS, the City, Local 469 (LEOFF), and the Yakima Public Safety Managers Guild
(Guild) have been engaged in negotiations on the subject of unanticipated overtime costs incurred
by the Fire Department during 2005; and
WHEREAS, the Local 469 desires to assist the City by deferring its payment of a Kelly
day in 2006 until August 2007 in exchange for changes to work schedules and recruitment
protocols as provided in the attached Memorandum of Understanding; and
WHEREAS, the City Council has determined that it is in the best interest of the City of
Yakima to agree to the terms and conditions of the attached Memorandum of Understanding,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "Memorandum of Understanding" between the City of Yakima, the
International Association of Firefighters Local 469 (LEOFF), and the Yakima Public Safety
Managers Guild regarding work schedules, deferment of a Kelly day, and recruitment and
selection of candidates for day positions.
ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005.
ATTEST:
Paul P.George, Mayor
City Clerk
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is in response to the City's 2005
expenditures on overtime in the Yakima Fire Department. The parties to this MOU are
the International Association of Firefighters Local 469 representing LEOFF employees
("Union" herein), the City of Yakima ("City" herein), and the Yakima Public Safety
Managers Guild ("BC's" herein).
Whereas: in 2005 the City of Yakima Fire Department expended more in overtime than
what was allocated for the year's budget; and
Whereas: currently if there is an inadequate amount of on -duty personnel to meet the 19
minimum staffing levels, the Yakima Fire Department will call back off-duty personnel
on overtime to meet the needs; and
Whereas: the City, Union, BC's and the City Manager engaged in discussions on finding
options concerning the overtime issue; and
Whereas: in the 2004 — 2006 Collective Bargaining Agreement between the City and the
Union, it states that the Union shall receive a 12th Kelly Day beginning in the 2006
calendar year; now, therefore, be it
Resolved: All parties do hereby agree to the following terms and conditions:
1. The Union shall defer implementation of the 12th Kelly Day until the calendar
year of 2007 as provided below.
2. Union members shall be paid the value of the deferred Kelly Day as follows:
Union members shall receive a one time "special pay" adjustment in the
amount representing 0.91% of their December 31, 2006 base pay, which shall
be paid with their August 6, 2007 paychecks. The 0.91% represents the
annual value of a Kelly Day.
3. A 48/96 — work schedule shall be implemented for a trial period of 18 months,
beginning July 1, 2006 and ending December 31, 2007.
a. A committee of representatives from the Union and BC's shall meet
with the management to help implement the schedule.
b. During the trial period, a committee of representatives from the Union,
BC's, and management shall meet once a month to ensure that
problems, both actual and perceived, are addressed. Minutes from
these meetings shall be recorded. They shall report to the Union., the
BC's, and management concerning solutions to problems.
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4. Article 29.2 of the collective bargaining agreement between the City and the
Union shall be amended as follows:
29.2 When LEOFF employees assigned to a 24-hour shift work more
than 182 hours on their assigned shifts in a 24 day work period, or in the
case of other LEOFF employees, 40 hours in a 7 day work period, such
employees shall be paid at the overtime rate required by the Fair Labor
Standards Act for all hours worked in excess of 182 hours or 40 hours,
respectfully.
5. Articles 14.2 and 14.3 of the collective bargaining agreement between the
City and the Union shall be amended as follows:
14.2 Deputy Fire Marshal, Training Captain and Training Lieutenant Recruitment and
Selection Process.
(a) The recruitment and selection process for the classifications of Deputy
Fire Marshal, Training Captain, and Training Lieutenant is defined below.
Upon the implementation of these provisions, Jeff Pfaff will remain as the
Training Supervisor until he vacates that position.
(b)
Job Announcement: Job openings shall be announced a minimum of 15
days prior to the deadline for accepting applications.
(c) Application Process: Applicants will submit a letter of interest to the Fire
Chief for the positions of Deputy Fire Marshal, Training Captain and
Training Lieutenant. The letter of interest shall demonstrate the relevant
knowledge, skills and abilities of the position applied for.
(d) Training Captain: The Chief shall select a candidate to fill the
Training Captain position from a pool of at least 4 individuals consisting
of:
(e)
Step 1) Any Captains or Battalion Chiefs who voluntarily apply.
Step 2) The top 2 candidates on the Captain eligibility list.
Step 3) Up to four (4) "junior" Captains
The Chief will have a minimum of 4 names using any combination of the
above 3 steps, however, Step 3 will only be used to the extent needed to
reach the 4 -person minimum. Captains may be reappointed to the position
if circumstances dictate and only once every four years. When an
individual is selected from the Captain's eligibility list, it will be a
permanent Captain's promotion.
Deputy Fire Marshal: The civil service list in effect in December 2005 for
Deputy Fire Marshal will be used for appointments to the Deputy Fire
Marshal position until July 1, 2007. If, after that time, the position
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becomes vacant, the Chief will select a candidate to fill the position from a
pool of at least 4 individuals consisting of:
Step 1) Any Captains or Battalion Chiefs who voluntarily apply.
Step 2) The top 2 candidates on the Captain eligibility list.
Step 3) Up to four (4) "junior" Captains
The Chief will have a minimum of 4 names using any combination of the
above 3 steps, however, Step 3 will only be used to the extent needed to
reach the 4 -person minimum. Captains may be reappointed to the position
if circumstances dictate and only once every four years. An appointment
after July 1, 2007 from the Captain's eligibility list will be a permanent
Captain's promotion.
(0 Training Lieutenant: The Chief will select a candidate to fill the position
of Training Lieutenant from a pool of at least 4 individuals consisting of:
(g)
(h)
(i)
Step 1) Any Lieutenants (off probation) or Captains who
voluntarily apply.
Step 2) The 4 "junior" Lieutenants who have completed probation.
The Chief will have a minimum of 4 names using any combination of the
above steps. The Chief shall only use as many "junior" Lieutenants as
needed to reach the 4 -person minimum.
Selection Process: For the classifications of Deputy Fire Marshal,
Training Captain, and Training Lieutenant the rule of four shall apply.
Probationary Period: The probationary period for the classifications of
Deputy Fire Marshal, Assistant Fire Marshal, Training Captain and
Training Lieutenant shall be considered complete after twelve months of
satisfactory service. Probationary period only applies to increases in rank
promotions. In the event an employee does not complete probation for
any reason, the employee shall be returned to their previously held
classification.
Vacating Promotion: Any appointment to Training Captain and Training
Lieutenant and any appointment to Deputy Fire Marshal made after the
expiration of the December 2005 civil service list may be vacated at any
time after serving a two-year minimum or due to a promotion to another
position within the Fire Department. Any appointment to Deputy Fire
Marshal from the current civil service list may be vacated at any time.
(j) Base Pay and Step Pay Increases:
(1)
The base pay for the Deputy Fire Marshal and the Fire
Training Captain shall equal shill Fire Captain (Class
Code 6325) base pay plus ten percent (10%).
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(2) The base pay for the Assistant Fire Marshal and the Fire
Training Lieutenant shall equal shift Lieutenant (Class
Code 6339) plus ten percent (10%).
(3) Starting pay scale will apply as follows for promotion to
Deputy Fire Marshal or Fire Training Captain:
(A) Firefighter shall start at Step A.
(B) Fire Lieutenant shall start at Step B.
(C) Fire Captain/ Training Lieutenant shall start at Step D.
(4) Starting pay scale will apply as follows for promotion to
Assistant Fire Marshal or Fire Training Lieutenant:
(5)
(A) Firefighter shall start at Step C.
(B) Fire Lieutenant shall start at Step D.
(C) Fire Captain shall start at Step E.
Once the initial pay step has been established, the newly
promoted individuals shall receive their next step pay
increase after six months.
(6) Once the six-month step pay increase is issued, the newly
promoted individuals shall receive a step pay increase
every 12 months thereafter if there is room to advance
within their pay class.
(7)
For all promotions it is agreed that there will be a
minimum 5% increase in base pay.
14.3 Assistant Fire Marshal Recruitment and Selection Process.
In the event the Assistant Fire Marshal position becomes vacant, a pilot
program shall be used to fill the position. The parties will endeavor to fill
it with a Commissioned Yakima Police Officer, transferred on special
assignment to the Assistant Fire Marshal position. The officer must have
at least five (5) years on the Yakima Police Department.
This shall be a pilot program and shall be evaluated during the first two
years by both the Union and management. A report shall be made by the
end of the first two (2) years outlining the pros and cons of the program
and the Department will continue with the program. In the event that the
Union and management cannot agree to proposed changes to this position
then the position shall revert back to the original wording in the 2004-
2006 collective bargaining agreement between the parties.
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14.4 The Union and the City shall continue to discuss the promotional process.
Changes mutually agreed upon shall replace or amend the current contract
language. Pending such action Article 14 shall remain unchanged and in
full effect.
6. Article 30.1 of the collective bargaining agreement between the City and the
Union shall be amended as follows:
30.1 Effective January 1, 2006, the average hours of duty for 24-hour shift LEOFF
employees shall be fifty point nine two (50.92) per week. Effective January 1,
2007, the average hours of duty for 24-hour shift LEOFF employee shall be fifty
point four six (50.46).
7. This agreement shall be effective upon signing and upon ratification by the
Yakima City Council, the Union, and the BC's. The terms of this agreement
shall be incorporated into the new collective bargaining agreement(s).
CITY OF YAKIMA LOCAL 469, INTERNATIONAL
R. A. Zais, Jr.
City Manager
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Dennis Mayo
Fire Chief
ATTEST:
City Clerk /4/3/
i SEAL
CITY CONTRAC
RESOLUTION N0: HI NC,�
ASSQCJ • e . OFF ' FLTERS,
-CIO (Fire
Thomas A. chneider
Secretary- reasurer, Local 469
PUBLIC SAFE
ERS GUILD
A Castilleja, Pressi
n
5
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 12-13-05
rEM TITLE: Resolution to authorize City Manager to execute a Memorandum of
Understanding with the IAFF Local 469 regarding deferment of reduced
workweek, change in work schedule and selection of staff positions.
SUBMITTED BY: Dennis K. Mayo, Fire Chief, Yakima Fire Department
CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief — 575-6060
SUMMARY EXPLANATION: City and Fire Administration began negotiations with Local 469
(LEOFF) and the Battalion Chiefs Guild on the subject of unanticipated overtime costs incurred
by the Fire Department. In a desire to assist the City in cost containment, Local 469 has agreed
to suspend for one year their contractual reduction in hours worked per week and deferring
payment for that reduction until midyear of 2007. In exchange for deferment, the City, Local 469
and the Guild have agreed to a trial period change in work schedules and have also agreed to a
change in procedures for appointments to staff positions. This change in procedure includes a
pilot program that allows interdepartmental cooperation between the Yakima Police and Fire
Departments in endeavoring to fill the Assistant Fire Marshal position with a Commissioned
Yakima Police Officer
Resolution X Ordinance Contract X Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Staff recommends approval of this resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-202
ADDENDUM TO MEMORANDUM OF
UNDERSTANDING
The purpose of this addendum to the MOU concerning (Kelly day deferral) signed
12/30/2005 and assigned city contract #2005-124, resolution r-2005-202 is to correct an
unforeseen inequity to Jeff Feen and Jason Ray.
Whereas: It is agreed upon to accept this wording of clarification of eligibility for Kelly day
deferral payment. Jeff Feen and Jason Ray both worked for the fire department the entire
year of 2006 as shift personnel. Both persons were temporarily assigned to the fire academy
for 2 months. These assignments were neither a promotion nor a permanent appointment
from their shift responsibilities.
Whereas: The union and the city both agree that Jeff Feen and Jason Ray shall both be
qualified to receive the Kelly day deferral payment that was agreed upon prior to their
assignment to the academy as instructors.
Dick Zais
City Manager
City of Yakima
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:41t.`// " /
Ron Jo Iron
Presi• f
IAFF Local 469
Date:
Date: ✓ -z F_ -d7
ATTEST:f
City Clerk: /`--�c-6'-t-'z,�-4-- — ) ) Q,
a ie Hines
Fire Chief
Yakima Fire Department
Date: (9/29/°`7
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ADDENDUM TO MEMORANDUM OF
UNDERSTANDING
CITY RESOLUTION NO. R-2005-202
The purpose of this addendum to the original Memorandum of Understanding is to
correct errors concerning the compensation for Training Captain.
Whereas: The parties agreed to fill the position of Fire Training Supervisor with a
person at the rank; of Day Captain, Class Code 6326; and
Whereas: The Class listed in the original Memo of Understanding is incorrect for
the position; now„ therefore, be it
Resolved: All parties do hereby agree to the following terms and conditions for
compensation:
1. The base pay for the Fire Training Captain shall equal Fire Captain]
(Class Code 6326 base pay plus ten percent (10%).
City of Yakima
.z
R.A. Zais, Jr.
City Manager
)
Dennis Mayo
Fire Chief
ATTEST:
Debbie Moore, `City -Clerk
Local 469, International Assam: Of
ers, AF k IO f ,�
ThomasA. Schneider
Secretary -Treasurer, Local #469