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m <br />uncil Ageda Item over <br />CoonnCC <br />___________________________________________________________________________________________ <br />MEETIN <br />GG DATE: <br />August 9, 20100 <br />AGEND <br />AA ITEM TITLLE <br />: Chhanges to Firre Memorandum of Understanding wwith Union <br />AGENDAA SECTION: <br /> Citty Manager’ss Report <br />CAN THIIS ITEM BE RESCHEDULED? : <br />YYes <br />BACKGRROUND: <br />OOn May 17, 22010, the Citty Council appproved the Fire Memorrandum of <br />Understaanding (MOUU) with the LLocal 2665, Internationall Associationn of Firefightters (Union) <br />throughtthe City Mannager’s Repoort during the council meeeting. The MOU was nnever signedd. <br />After appproval of the MOU at thaat meeting, thhe Union appproached thhe City administration <br />regardingg concerns aabout the lannguage usedd to describee the circumstances of oovertime payy in <br />one speccific area of tthe MOU annd admitted tthey should have questiooned the item prior to <br />approval, but they didd not. The UUnion repressentatives asked the Citty Manager, with approvval of <br />the City <br />CCouncil, to aalter this langguage to thee current praactice prior too signing thee MOU. Beloow is <br />the languuage alreadyy approved aalong with thhe proposed new languaage (highlighhted below). <br />Article V: WWAGECOMMPENSATIOON <br />The paraagraph under discussionn in the MOUU is found in <br />NGEVITY <br />AND LOPPROGRESSIION, (Sectioon 2.) <br /> and iss being revissed to amendd the languaage <br />regardindid <br />gg hours commpensable foor overtime raate of pay. The languagge previouslyy approved <br />not count paid sick leeave and comp time as hours eligiblle for overtimme pay whenn employeess <br />were callled in to worrk emergenccy overtime ddue to low sttaffing, and ffire employeees are alreaady <br />penalizedd in overtimee pay due too using sick lleave when employees ffrom other ddepartmentsare <br />and the fire o maintain <br />not. To aaccommodaate the needss of the city department as well as taa <br />long stannding current practice, administrationn and the fire departmennt have agreeed to the <br />revised laanguage below to incorpporate said hhours as oveertime eligible. <br />Previoussly Presenteed Languagge <br />The workk cycle of unniformed Firee personnel below the raank of Battallion Chief shhall be 28 daays or <br />216 or 2240 hours inn a cycle.Hours workked in exceess of thesee totals, wheen authorizeed in <br />advanceby the Fire Chief, are ccustomarilyppaid at the rrate of time aand one-half (1-1/2) of bbase. <br />Compenmulation n <br />ssatory time may be graanted by the Fire Chieef with accuoot to exceedd 480 <br />hours.HHours workeed, including vacation hoours, betweeen 212 and 240 hours, in any one cycle <br />shall be compensateed for, in adddition to their regular rrate, at one-half (½) of that employyee’s <br />regularhhourly rate. It is agreedd that FLSAA overtime wwill not be paaid only in the event that an <br />employeee is absent during that same 28 daay cycle duee to usage oof sick time or leave wiithout <br />addition, li <br />pay. In gght duty houurs worked due to an ooff duty injuury will not qualify for FFLSA <br />overtime. Paid sick leave, commp time, admministrative leave pendinng investigaation, and unnpaid <br />leavewill not <br /> apply ttoward hourrs worked foor the non-sccheduled or emergencyy overtime raate of <br />pay at onne and one-hhalf (½) of thhat employeee’s regular hhourly rate. <br /> <br />