Memorandum

City of Lawrence

City Manager’s Office

 

TO:

David L. Corliss, City Manager

 

FROM:

Diane Stoddard, Assistant City Manager

 

CC:

Cynthia Boecker, Assistant City Manager

 

Date:

 

August 20, 2008

RE:

Memorandum of Understanding between the City of Lawrence and the International Association of Fire Fighters (IAFF) Local 1596

 

Please place the following item on the City Commission agenda for consideration at their August 26, 2008 meeting:

 

Memorandum of Understanding between the City of Lawrence and the International Association of Fire Fighters (IAFF) Local 1596

 

As a result of the successful completion of negotiations with the LPOA executive board, the attached Memorandum of Understanding (MOU) has been ratified by the IAFF Local 1596 and is submitted to the City Commission for approval.  The MOU provides for a one year agreement with the IAFF for calendar year 2009.  A summary of the items of significance within the submitted MOU is presented below:

 

Item

Summary of Change

Minor language cleanup items

Clarified language within various sections of the MOU

Section 5.2 Union Business, p. 6

Added language indicating that when staffing coverage is required for an Executive Board meeting, the Fire Chief will be notified. 

Section 8.1, General Wage Adjustment, p. 10

IAFF will receive a general wage adjustment of 1.5% for 2009.  Removed old language that related to pay plan adjustments that have already been accomplished.

Section 8.2, Longevity, p. 11

Changes former longevity pay language by emphasizing discretionary nature of longevity pay.  Indicates calculation is based on $4 monthly for longevity payment.  Acknowledges that the 2009 budget includes longevity at half this rate.  Indicates that the City Commission will consider the issue of longevity pay at a meeting in November 2009 as a regular agenda item and make a determination at its sole discretion taking into account the City’s fiscal condition and status of revenues and expenditures at that time. 

Section 8.5, Call Back and Overtime Calculation, p. 12

Add language to the MOU that reflects current City practice to pay overtime at 1.5 times the regular rate for hours worked in excess of scheduled hours within a work shift (not including vacation and sick leave time toward hours worked) Language taken from City Employee Handbook.

Section 8.7 EMT-I & Paramedic Certification Attainment Educational Reimbursement, p. 14

Language removed from agreement entirely due to City budget constraints to fund this item.  Previous language committed the City to pay for certain certifications.

Section 8.8 State EMS Certification Fee, p. 15

Added language that clarifies the certifications for which the City will pay for renewals.

Section 9.4 Sick Leave, p. 18

Removed section relating to calculation of sick leave pay out upon separation as this is specified in the Employee Handbook.

Section 9.7 Well Leave, p. 20

Modify existing from 12 hours for 12 pay periods to 6 hours for 6 pay periods.  Leave must still be taken at a time when it costs the City no additional overtime, resulting in no additional cost to the City.

Section 9.14 Employee Conduct, p. 24

Add language that is language currently existing in the Employee Handbook.

Section 9.15 Grievance Procedure, p. 24

New language that streamlines the process for filing grievances by modifying the city process for members of the bargaining unit.  Changes the person with whom the grievance is originally filed from the supervisor to the Chief directly for all grievances filed by the Union and to the division head for all other grievances.

 

Allows employee ability to choose their non-supervisory employee from their division (who sits with others on the grievance review board) from a list of current IAFF members if the employee so requests.

 

Tightens up language regarding the circumstances under which the Union may file a grievance to limit such filings to matters that involve the membership as a whole as it relates to the MOU.

 

Enables mediation for Union grievances only prior to the grievance being submitted to the City Manager, but after consideration from the Chief.

 

Clarifies the role of the peer sitting in with an employee utilizing the grievance procedure by indicating that they are there to provide guidance and advice but may not speak directly on behalf of the employee unless called as a witness.

 

Section 9.19 Funeral Benefit, p. 32

City will provide $3,000 toward funeral expenses in the event of the line-of-duty death of a bargaining unit member.

Section 9.20 Voting Time, p.32

Incorporate state law providing employees an opportunity to vote on election day if they are scheduled to work on election day.  Emphasize the expectation of advance voting except in hardship cases.

Section 9.21 Station Maintenance, p. 32

Clarifies that a firefighter may be required to perform routine maintenance at the City facilities.  The City will be reasonable regarding these items and work must be approved by the Chief. 

Section 9.22 Apparatus Maintenance, p. 33

Language added that emphasizes mutual interest of the City and the Union regarding safe and appropriate equipment.

Section 9.23 Indemnification Language, pg. 33

Added section that simply refers to state statute concerning the City’s responsibilities concerning indemnification of the employees.

Section 10.3 Light Duty, p. 35

Added language that enables an employee to request a light duty assignment in the event of an off duty injury or illness.

Section 10.5 Physical Evaluation, p. 36

Added language that relates to employee’s ability to request a review of the city physician’s determination in the event a job-related or permanent non-job related disability is determined.  Sets up procedure to assemble a medical review board to be comprised of the city physician, employee’s physician treating the employee for the causing factor(s) and a third physician mutually agreed upon by the City and the employee. The majority of the board will make the determination.

Section 11.1 Training Program Team, p. 38

Add language about the creation of a training team to assist with training within the department. 

Article 16 Discussion of City of Lawrence Resolution 6690

Added language that indicates that prior to January 31, 2009, the City and the Union will meet together to consider proposed changes to the current resolution, with special emphasis on timetable to better conform with the budget process.

Article 17 Discussion of Performance Evaluation System

New language regarding the City and the Union working together no later than June 1, 2009 to improve the existing performance evaluation system to add criteria for performance and address other issues related to the evaluation system for implementation beginning January 1, 2010.

 

My appreciation is extended to the following members of the negotiating team for their participation and cooperation in working on issues of mutual concern:

 

Mike McMillen, Local 1596 President                Mark Bradford, Fire Chief

Brandon Holloman, Local 1596 Vice-President Bill Stark, Division Chief

Justin Temple, Local 1596 Secretary                Pam Madl, Asst. County Administrator

Nathan Coffman, Firefighter                            Frank Reeb, Adm. Services Director

Russell Brickell, Fire Inspection Officer

 

City Commission Action:  The City Commission is requested to approve and authorize the Mayor to sign the attached Memorandum of Understanding with the IAFF Local 1596.

 

Attach:         Memorandum of Understanding

                   2009 Pay Plan

                   Incentive Positions Table