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Home My WebLink AboutR-2005-017 International Association of Firefighters Memorandum of Understanding ( IAFF Local 469 / canine handler )RESOLUTION NO. R-2005-17 A RESOLUTION authorizing and directing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the International Association of Firefighters Local 469 (LEOFF) regarding the new Yakima Fire Department canine handler position. WHEREAS, pursuant to the requirements of state law, the City and Local 469 have been engaged in negotiations regarding the new Yakima Fire Department canine handler; and WHEREAS, Local 469 has expressed a willingness to settle issues regarding compensation for work performed at home by the canine handler and other aspects of the handler's position in accordance with the attached Memorandum of Understanding; and WHEREAS, 29 CFR 785.23 permits employers to enter agreements with employees for compensation for work performed at home and/or away from the worksite; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima to resolve the issues of compensation for the new canine handler in accordance with 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 and the International Association of Firefighters Local 469 (LEOFF) regarding the new Yakima Fire . Department canine handler position. ADOPTED BY THE CITY COUNCIL this 18th day of January, 2005. ATTEST: Paul P.George, Mayor City Clerk MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made by and between the International Association of Firefighters Local 469 (LEOFF) and the City of Yakima, Washington, and is intended to address issues regarding the institution of a Canine Accelerant Detection Program (CADP). WHEREAS, the City of Yakima ("City" herein) is a charter city of the first class of the State of Washington and is the employer of all members of the Yakima Fire Department. WHEREAS, the IAFF Local 469 ("Union" herein) is the exclusive bargaining representative of the LEOFF firefighters who provide fire protection services and other related fire department services within the City of Yakima. WHEREAS, the City has entered into a memorandum of agreement with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for a Canine Accelerant Detection Program (CADP). WHEREAS, the City and the Union agree that a canine accelerant detection handler in the BATF CADP will spend approximately ninety minutes per day at home or away from the worksite feeding the canine and an additional approximately thirty minutes per day engaged in other activities at home such as grooming and documenting canine activities; NOW, THEREFORE, in resolution and clarification of this situation, the following is agreed by and between the City and Local 469: 1. Jennifer Norton has been assigned to perform the exclusive duties and responsibilities of canine handler. If, in the future, Jennifer Norton no longer wants to assume the exclusive duties and responsibilities of canine handler, she may relinquish those duties and responsibilities upon reasonable notice to the City. 2. The canine handler shall train and maintain the accelerant detection canine in the food reward methodology and protocols in which it will be trained. 3. The parties' collective bargaining agreement shall be amended to include the following new section: 21.12 Canine Handler. Effective 12-15-04 the canine accelerant detection handler shall receive premium pay of four percent (4%) of the base pay of a firefighter in pay grade step "E." 4. The canine handler will receive all wages and benefits due to him/her pursuant to city policy, the collective bargaining agreement, and state and federal law during the initial 5 -week training at the BATF, as well as during all subsequent annual recertification seminars, in-service training classes, and NRT activations. 5. The City shall make the handler and canine available to BATF for a 1 -week annual recertification seminar. The City will be responsible for paying all wages and benefits due to the handler during the annual recertification seminar pursuant to city policy, the collective bargaining agreement, and state and federal law. 6. The canine handler's absence due to the initial 5 -week training, subsequent annual recertification seminars, in-service training classes, and NRT activations will not impact the number of LEOFF persons guaranteed time off pursuant to the collective bargaining agreement. 7. The canine handler will be compensated for overtime worked according to the collective bargaining agreement. 8. A city vehicle will be issued to the handler/canine team suitable for the team's working environment and acceptable to the Bureau of Alcohol, Tobacco, Firearms and Explosives. 9. In the event that there are changes in the specific duties and/or scope of responsibilities of the aforementioned handler after execution of this Memorandum of Understanding, the City and the Union agree to bargain on all mandatory subjects of bargaining related to those changes. 10. This MOU is an exclusive agreement unique in nature. If for whatever reason the CADP is terminated and the City then chooses to re-establish the program, the parties agree that the bargaining process shall start over and no precedential value shall be given to the terms of this MOU. Both parties hereby agree by the terms and conditions set forth in this Memorandum of Understanding. This Memorandum •, Understanding is executed this.2 ay of January 2005. Rona d Johnson President IAFF Local 4 tem Dick Zais City Manager City of Yakima CITY COM f NO , RESOLUTION NO: homas A. S . hneider Secretary — Treasurer IAFF Local 469 ennis K. Mayo Fire Chief IAFF Local 469 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. ) 3 FOR MEETING OF: Januar/ 18, 2005 ITEM TITLE: authorizing and directing the City Manager to execute a Memorandum of Understanding between the City of Yakima and the International Association of Firefighters Local 469 (LEOFF) regarding the new Yakima Fire Department canine handler position. SUBMITTED BY: Dennis Mayo, Fire Chief j CONTACT PERSON/TELEPHONE: Brian Schaeffer, Deputy Fire Chief 575-6079 SUMMARY EXPLANATION: The proposed resolution authorizes and directs the City Manager to execute a Memorandum of Understanding between the City of Yakima and the International Association of Firefighters Local 469 (LEOFF) regarding canine handler work in the Yakima Fire Department. The MOU provides for 4% special pay to compensate the handler for feeding, grooming, and otherwise managing the canine and indicates that the Fire Department will supply with handler with a vehicle suitable for her working environment. The special pay provided by the MOU is effective December 15, 2004, the day the handler returned from training. Resolution X Ordinance Contract X Other (Specify) Funding Source Budgeted APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION R-2005-17