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HomeMy Public PortalAboutORD16338BILL NO. 2022-123 SPONSORED BY Councilmember Schreiber ORDINANCE NO. /43g�j AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE IAFF LOCAL 671 LABOR AGREEMENT AND AMENDING CERTAIN PROVISIONS OF THE PERSONNEL POLICY MANUAL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Agreement between the City of Jefferson and the Professional Firefighters of Jefferson City, Missouri, Local 671 of the International Association of Firefighters, AFL-CIO attached as Exhibit A is hereby approved and the Mayor and City Clerk are authorized to execute the same. Section 2. Article 8 (Compensation Plan), Section 8-13 of the Personnel Policy Manual is hereby amended by amending Subsection (a) thereof to read as follows: (a) Supervisors shall develop methods and procedures to maximize productivity and reduce or avoid the need for overtime. It is the responsibility of each employee to work as efficiently as possible to accomplish job tasks during regularly scheduled work hours. All overtime or arrangements for overtime work shall be approved by the department director in advance. A determining factor in the approval of overtime work is whether the work could be accomplished through rescheduling of employee work hours and allowance of time off in the same work period. These factors reduce the burden of overtime on employees and avoid accrual of comp time and excessive overtime payments. Overtime is based on work hours in excess of 40 hours in a 168 -hour period during seven consecutive 24 -hour periods (standard work week). Under the provisions of the Fair Labor Standards Act (FLSA) work hours in excess of 80 hours in a 336 -hour period during 14 consecutive 24 -hour periods is adopted for commissioned police personnel and the work period for FLSA purposes in the fire department shall be work hours in excess of 20'1106 in a 648336 -hour period during fourteen consecutive 24 -hour periods. Hours worked in excess of a standard work week or duty tour by employees covered by the provisions of the Fair Labor Standards Act shall be compensated by payment at one and one-half (1.5) times the straight hourly equivalent rate for the classification or by the award of compensatory time off equal to one and one- half times the overtime hours worked at the discretion of the department director. Hours worked shall include hours actually worked on the City's behalf plus minimum guarantees for call-back under Section 8-14 plus 8 hours for any holidays as provided in Section 1 1(a) for certain employees and certain vacation leave as allowed in Section 12-1 (f). Section 3. Article 11 (Paid Holidays), Section 11-2 of the Personnel Policy Manual is hereby amended by amending Subsection (b) thereof to read as follows: (b) Fire service personnel assigned to fire suppression duty will receive 21.2524 hours per floating holiday. Police personnel in patrol and communications assigned to 10 -hour shifts will receive 10 hours per floating holiday. Part-time with benefits employees will receive 4 hours per floating holiday. All other full-time employees will receive 8 hours per floating holiday. Editor's note: Deleted language shown thus. Added language shown thus. Editor’s note: Deleted language shown thus. Added language shown thus. Section 4. Article 12 (Vacation Leave) Section 12-1 of the Personnel Policy Manual is hereby amended by amending subsection (b) thereof to read as follows: (b) Uniformed mMembers of the fire service assigned to fire suppression duty a 2,912 hour annual schedule shall accrue vacation leave credit at annual rates as follows: During the first five years of service.............................145.50168 hours During the 6th through 10th years of service................169.75196 hours During the 11th through 15th years of service..............194.00224 hours During the 16th through 23rd 20th years of service......218.25252 hours During the 21st through 24th years of service....................280 hours During 2425th and subsequent years of service............242.50308 hours Section 5. Article 13 (Sick Leave) Section 13-1 of the Personnel Policy Manual is hereby amended by amending such Section to read as follows: Section 13-1. Amount Employees in the municipal service shall earn ten (10) hours of sick leave with pay credit monthly except for uniformed fire service personnel assigned to a 2,912 hour annual schedule, who shall earn twenty-four (240) hours sick leave with pay credit monthly. Each part-time employee with benefits shall earn five (5) hours of sick leave with pay credit monthly. Section 6. Article 13 (Sick Leave) Section 13-4 of the Personnel Policy Manual is hereby amended by amending such Section to read as follows: Section 13-4. Incentive program. Employees who voluntarily separate from City employment after a minimum of five years of continuous service shall be eligible for a payment upon separation of a percentage of the total unused sick leave hours accrued as of the time of separation, which shall be paid at the final rate of pay of the employee. The rate of payment of such unused sick leave shall be as follows: More than 5 years, but less than 6 years: 5% More than 6 years, but less than 7 years: 6% More than 7 years, but less than 8 years: 7% More than 8 years, but less than 9 years: 8% More than 9 years, but less than 10 years: 9% More than 10 years, but less than 11 years: 10% More than 11 years, but less than 12 years: 11% More than 12 years, but less than 13 years: 12% More than More than More than More than More than 13 years, 14 years, 15 years, 16 years, 17 years, More than 18 years, More than 19 years, More than 20 years: but less than 14 years: but less than 15 years: but less than 16 years: but less than 17 years: but less than 18 years: but less than 19 years: but less than 20 years: 13% 14% 15% 16% 17% 18% 19% 20% Employees who are involuntarily separated from service shall not be eligible for this incentive. Employees who suffer a work -related injury, which prevents their return to work, shall be treated as though they had voluntarily separated from the City. Uniformed members of the fire service who voluntarily separate from City employment after a minimum of twenty years of service shall be eligible for a payment upon separation of 50% of the total unused sick leave hours accrued as of the time of separation, which shall be paid at the final rate of pay of the employee. Section 7. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Presiding Officer ATTEST: Approved: t Mayor Carrie Tergin APPROVED AS TO FORM: City Editor's note: Deleted language shown thus. Added language shown thus. EXHIBIT A City of Jefferson Fire Department IAFF L671 Collective Bargaining Agreement 2023 2 PREAMBLE This Collective Bargaining Agreement is between the City of Jefferson, hereafter referred to as the “City”, and the Professional Firefighters of Jefferson City, Missouri, Local 671 of the Inter- national Association of Firefighters, AFL-CIO, hereafter referred to as the “Union” and shall be as follows: It is the purpose of this agreement to achieve and maintain harmonious relations between the City and the collective bargaining unit, to provide for equitable and peaceful adjustment of differences, which may arise, and to establish proper standards of wages, hours, and other conditions of employment for the members of the Union. This document shall supersede all general policies and or rules and regulations. Further, the City agrees to exact into law this Collective Bargaining Agreement, and all subsequent language or verbiage agreed to by the City and the Union, by enacting an ordinance incorporating the agreements contained in this collective bargaining agreement, thereby making these agreements binding on all parties. ARTICLE 1 - LABOR AND MANAGEMENT RELATIONS SECTION 1.01 Recognition The City recognizes IAFF Local 671 as the exclusive bargaining agent for all employees of the Jefferson City Fire Department holding the rank of Captain, Driver, Firefighter, provided that Firefighters still in their introductory period shall be subject to all regulations and restrictions applicable to probationary/introductory employees as set forth in the City Personnel Manual. SECTION 1.02 Definitions Duty Chief. An Assistant Chief on duty or other Fire Department staff assigned to carry out the responsibilities and duties of an Assistant Chief while on duty. Fire Chief. The Fire Chief or their designee. Member. A member of the Union. SECTION 1.03 Union Business 1. General Provisions. The City and Department recognize the following for duly elected or authorized representative of the Union. The City will pay members who are already on duty and who serve as Union representatives for time spent on labor/management meetings with City representatives, grievance meetings and/or representing employees during investigatory interviews, provided such task does not take away from the immediate required duties of the Union representative in their capacity as a Firefighter, 3 Driver, or Captain. The pay does not apply to Union representatives who are already off duty and /or summoned to the need of a member from an off-duty capacity. All other Union business shall be performed either off-duty or while on duty, but only during unstructured time while at a station. 2. Union Meetings. JCFD Fire Stations may be used to conduct Union Meetings. One member from each station shall be permitted to attend the meetings in person. Virtual participation is permitted for all other on-duty members. On-duty Members shall always be “ready to respond” for calls. Meetings will be scheduled and approved with the Duty Chief in advance outside the normal working hours. SECTION 1.04 Payroll Deduction of Union Dues The City agrees to withhold Union dues on a bi-monthly basis from all union members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the union on a time frame that coincides with the pay periods, less the administrative fee charged to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by the section. The Union agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty days (30) in advance of any change in the amount withheld. The Union agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Union agrees that this payment for services shall be withheld from the monthly dues check from the City. SECTION 1.05 Bulletin Boards The Union shall be permitted to continue to maintain a Union bulletin board at each of the Stations. Union bulletins, Union materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Union bulletin board. Such bulletin board shall not be used for private commercial purposes. SECTION 1.06 Joint Labor Management Committee (JLMC) There shall be a JCFD Joint Labor Management Committee consisting of at least the Fire Chief or his designee, Union President, or his/her designee, and one additional Union Member. The JLMC shall meet as frequently as the Fire Chief and Union President deem necessary. Both parties may meet to discuss matters of mutual concern as they pertain to this agreement. Recognizing the City’s management rights as addressed in Section 2.01 of this Agreement, it is understood and agreed that all decisions of the JLMC are advisory only. Elected Union Officers or other designated members, shall be allowed to participate in JLMC meetings while they are on duty without being required to utilize earned leave to attend said meetings. There shall be no additional cost to the City for any member to participate. 4 SECTION 1.07 Union Representation 1. Right to Representation. The Union agrees that its members shall comply with all City and Fire Department rules and regulations. It is agreed that a Member shall be entitled to have Union Representation during a grievance, disciplinary procedure, or conflict resolution (where the conflict involves a Member and non-Member City employee or official). a. Grievance shall be defined as a dispute or difference of opinion raised by an employee covered by this Agreement against the City involving the member as to the meaning, interpretation, or application of the express provisions of this Agreement. Such a grievance shall be processed expeditiously according to the procedures set forth below. b. Disciplinary Procedure shall be defined as any procedure governed by Section 16- 6 of the City Personnel Policy Manual which may result in a Member being subjected to discipline. c. Conflict Resolution shall be defined as procedures defined in Section 17-1 of the City Personnel Policy Manual designed to resolve conflicts between employees of the City of Jefferson. 2. Procedure. Should the Member request Union representation, the City shall grant the request and delay the process up to two hours until the Union Representative arrives. Prior to the process continuing, the Union Representative shall have a chance to consult privately with the Member. 3. No Harm. A Member shall not be subject to any disciplinary action for requesting Union representation. 4. Member Participation. It is agreed that having a Union Representative present does not negate the Member’s responsibility to participate in any investigative process during the disciplinary proceedings. 5. Selection of and Conduct of Union Representation. The selection of the Union Representative will be made by the Union. The Union Representative may observe the interview, and with the Member’s consent, may request to confer privately with the Member, or speak on the Member’s behalf provided nothing herein shall relieve a Member from any obligation to communicate with City/Departmental staff. SECTION 1.08 Display of Union Insignia 1. A single Union decal, supplied by the Union, no greater than 2” diameter or 1.5” by 3” rectangular, may be placed on the rear brim of the helmet. 2. A patch representing the Local 671 may be placed on the right shoulder of the Class A jacket. That patch will be no larger in width or height then the issued JCFD patch and supplied by the Union. 5 ARTICLE 2 - MANAGEMENT RIGHTS SECTION 2.01 Management Rights Except as otherwise expressly provided in this Agreement, the City retains the right to manage the Department, both directly and as delegated to the City Administrator and Fire Chief in accordance with Article 21 of the Personnel Policy Manual, including but not limited to the right to: 1. Determine the mission of the City and the Department; 2. Direct the working forces; 3. Hire, classify, assign, promote, and transfer employees; 4. Suspend, demote, discipline, and discharge employees; 5. Relieve employees from duty because of lack of work or other legitimate reasons; 6. Change existing methods, operations, facilities, equipment, and type or number of personnel; 7. Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; 8. Assign work to bargaining unit and/ or civilian support personnel; 9. Maintain and/ or take steps to enhance the efficiency of the operation of the City and the Department; 10. Plan, direct, control and determine the operation or services to be conducted in and by the employees of the City; 11. Set standards for service offered to the public; 12. Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; 13. Nothing herein shall modify any employee’ s status as being employed on an at- will basis, provided no Member outside of their probationary period shall be terminated until after the completion of a disciplinary procedure as set forth in the City’s Personnel Procedure Manual, as amended. Section 2.02 Rights and Responsibilities The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’ s selected management personnel. Failure of the City and/or Department 6 to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 2.03 – Operation of Law Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/ or Department by operation of law. Section 2.04 – Lateral Entries and Rehires 1. Lateral Entry candidates are defined as Firefighters currently or previously employed with other career fire departments. Applicants must have been a full-time non-probationary firefighter with at least one (1) year of experience as such to be considered for a lateral transfer into the rank of Firefighter. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level firefighters with prior fire department experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. The beginning salary shall not exceed the salary of an existing Member with the same uninterrupted years of service and education. 2. The City may rehire former fire suppression employees of the Department; provided that the City Administrator may credit such employee with years in service and ranks achieved in a career fire department, further provided the salary upon rehire shall not exceed the salary of an existing Member with the same rank, uninterrupted years of service, and education. Section 2.05 Control Over City Property A. The City shall retain exclusive control over all intangible City property, including City or Fire Departmental logos, insignia, seals, flags, badges, websites, and social media accounts. Neither the Union nor any member or group of members shall use, display, publish, modify, or manipulate such for Union or individual uses or purposes without the express approval of the Fire Chief (if relating to the Fire Department) or the City Administrator (if relating to the City generally). In addition, neither the Union nor any member or groups of members shall use any City equipment, vehicle, apparatus, facility, or structure, or the likeness or image of such, for any Union or individual purpose without express approval of the Fire Chief or City Administrator, as may be appropriate. Nothing herein shall apply to the sharing or distribution of media created by third parties, so long as such third parties are not being used to circumvent the intent of this section. Such approvals may be given or withheld in the sole discretion of the Fire Chief or City 7 Administrator and the denial of such requests shall not be a grievable act under this Agreement. The provision regarding likenesses or images of City equipment, vehicles, apparatus, facilities, or structures shall not apply to purely private, personal uses of such likenesses or images by a member consistent with Section 3-11(a) of the Personnel Policy Manual. B. Notwithstanding anything in Paragraph A, nothing in this Section shall operate to abridge a Member’s right to speak about matters of public concern or a Member’s right to bring matters of public concern relating to the safety or condition of City equipment, vehicle, apparatus, facility, or structure to public attention by publishing, sharing, or distributing any image, likeness, or description without prior approval, regardless of whether such image, likeness, or description includes any City equipment, vehicle, apparatus, facility, or structure. Section 2.06 Control Over City Information City retains the exclusive right to communication regarding initial incident response information, departmental information and news, City information and news, and departmental or City operations (collectively, “City Information”), and as such neither the Union nor any Member shall disseminate or publish any information, data, report, document, picture, or video related to such City Information without approval of the Fire Chief, provided nothing herein shall prohibit the Union or any Member from sharing or republishing any information already made publicly available by the Department or City. ARTICLE 3 - WORKING CONDITIONS SECTION 3.01 Employee Policy Manual & Standard Operating Guidelines 1. The Union agrees that the bargaining unit members will comply with all rules, regulations and ordinances of the City or of the Fire Department not expressly restricted by this Agreement thereof. 2. The “Personnel Policy Manual” as referenced in this Agreement means the City of Jefferson Personnel Policy Manual, as amended. The City retains its exclusive authority and discretion to amend any provision of the Personnel Policy Manual as it deems necessary or desirable. 3. The “Jefferson City Fire Department Policy Manual” of the Jefferson City Fire Department is published by the Fire Chief, and those guidelines shall be followed. The Fire Chief reserves the right to amend the JCFD Policy Manual as he or she deems necessary and appropriate. 4. In the event that there is a conflict between this Agreement and any part of the 8 Personnel Policy Manual, the JCFD Policy Manual, or other City documents referenced herein, the terms and conditions set forth in this Agreement shall be controlling. SECTION 3.02 Hours of Duty 1. A single shift as discussed in this agreement shall be classified as twenty-four (24) hours. A duty cycle shall be two consecutive shifts. A shift will begin at 06:30 and continue for 24 hours. 2. JCFD personnel work a rotating duty cycle schedule, as demonstrated by Shifts AA-BB-CC. During this period covered by this agreement, the FLSA pay cycle shall be 14 days in length. 3. The maximum consecutive hours worked by any one person shall be 72 hours. Exceptions may be made by the Fire Chief for non-safety sensitive assignments, such as training. 4. Generally, the “Normal Working Hours” for the JCFD shall be from 0800-1700 hours, Monday through Saturday, The City/Fire Department shall make all reasonable efforts to schedule inspections, training, public relations events, maintenance, and similar non- emergency duties during this time frame. The Union recognizes that on occasion these events, plus requests from the community and/or the availability of unique training opportunities, may present themselves that requires participation outside normal working hours. As such, the Union acknowledges that the scheduling of such events shall not constitute a violation of this Agreement and shall not be subject to the grievance process set forth in Section 3.10. 5. Daily Scheduling. Daily scheduling shall be as provided in Departmental policy as follows: 0630 All Call Off going shift released All personnel will be prepared for shift change/out of bed unless addressed below. 0700 Alarm Test/Station Radio to “Day Mode” Apparatus to CM when required Begin Station Watch 0800 Regular Station Duties Apparatus Checks Station Maintenance/Clean up Begin Company Inspections/ Training when required Other company or Station Projects 1100 Meal prep may begin 1300 Resume Assigned Duties 9 1600 Physical Fitness Training 1700 Meal prep may begin 1900 Station maintenance 2000 Radios to “Night Mode” End of Station Watch a. Daily schedule will be maintained Monday-Saturday. Sunday will be reserved for unfinished projects or other special events as needed. Station watch will be maintained while personnel in-station from 0700-2000. All personnel should be in uniform by 0700. b. If call load requires the modification of the daily schedule, the Station Officer will notify their shift commander of the modification needed and when the company will resume normal duties. c. Station maintenance is required daily to maintain the station for public use. d. Alternative physical fitness training times are 0700-0800 or 1100-1300 with the approval of the company officer. e. Class C or higher uniform is required during the hours between 0700-2000, except for physical fitness activities. f. Reasonable and irregular departures from daily scheduling guidelines shall not constitute a violation of this Agreement and shall not be subject to the grievance process set forth in Section 3.10. g. These daily schedule guidelines shall not apply to City-recognized holidays. h. Company level training is encouraged at any time. i. Major emergency events and inclement weather days may require modifications to daily scheduling. 6. Shift Exchange. As set forth in the FLSA, shift exchanges shall be permitted, and the City shall hold no liability on shift exchanges. Time exchanges may be voluntarily undertaken between qualified employees with approval of the Duty Chief. Members shall reasonably endeavor to submit time exchanges to the Duty Chief or their designee no later than 1600 of the previous shift. Members shall reasonably endeavor to provide notice of time exchanges after the start of a shift to the Duty Chief or their designee no less than one hour of such exchange. Responsibility for arrangement for the settlement of such time rests with the Members involved. No obligation shall be placed upon the City for such settlements. Should the member working as the result of a time exchange need to utilize sick leave, the sick leave will be deducted from the balance of such member. 10 SECTION 3.03 Overtime 1. Hours Worked/Compensatory Time. a. The City utilizes a 14-day work period, requiring that personnel are paid FSLA overtime under such a plan for all hours worked in excess of 106 hours in a 14-day pay cycle, as set forth in section 7(k) of the Fair Labor Standards Act. b. Hours worked shall include hours actually worked on the City's behalf; in that hours that are compensable but not worked, such as sick, vacation, and other special leave, do not count toward a member’s total hours to calculate that members’ overtime threshold in any given work period. c. Notwithstanding b above, any hours worked by a Member under the following circumstances shall be compensated as premium pay, which shall be 1.5 times the Member’s regular hourly rate as defined under the Fair Labor Standards Act: i. Hours worked due to an increase in staffing level by the Fire Chief. ii. Hours worked due to incident call back of a Member. iii. Hours worked to ensure constant staffing at minimum staffing levels. 2. Extraordinary Circumstances. The City may, in its sole discretion, authorize additional overtime for staffing above and beyond the minimum staffing standards set forth in this Agreement if it determines that the threat of severe weather, civil unrest, the existence of natural or man-made disasters, acts of terrorism, special events or any other circumstance as determined in the sole discretion of the Fire Chief that requires a force size greater than provided for by the minimum staffing standards set forth in his Agreement. The authorization of additional overtime for said circumstances shall not be precedent setting, and the assignment of said overtime shall be done as set forth in the Subsection 1(c) of this Section, Personnel Policy Manual, and FLSA. The Fire Chief retains the right to cancel any and all time off to ensure staffing needs in the circumstances described herein. SECTION 3.04 Reduction-In-Force Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. SECTION 3.05 Personnel Transfers Members may request to change shift assignments. The change request must be signed and 11 submitted to the Fire Chief. Such changes in assignments are subject to final approval by the Fire Chief, recognizing that assignments are subject to ensuring proper staffing for all shifts as determined by the Fire Chief. When any vacancy occurs, any incumbent members who so desire may request to be transferred to the vacancy. The Fire Chief may approve the transfer, recognizing that assignments are subject to ensuring proper staffing for all shifts as determined by the Fire Chief. SECTION 3.06 Health & Wellness 1. General Provisions. Subject to appropriation by the City Council, the City will provide an annual Health, Wellness and Fitness Screening and Physical Agility Test, as well as a Heavy Metal testing every five years. The screening shall comply with NFPA 1582 and 1583, as well as the Joint Labor Management Wellness-Fitness Initiative in its most current edition, subject to annual appropriation. The Union agrees that it is a condition of continued employment that all Members participate in this screening. The City agrees that it will adhere to all the principal tenants of the Initiative, and that the goal of the program will be to assist all Fire Fighters to obtain a high level of wellness and fitness. 2. Non-punitive. The City agrees that it is the intent that the annual Health, Wellness and Fitness Screening and Physical Agility Test should not be used in a punitive manner. The Union agrees that should a Member be deemed to not be medically fit for duty, or should a Member refuse to regularly participate in daily fitness activities, or should a member refuse to participate in the annual Health, Wellness and Fitness Screening and Physical Agility Test, administrative or disciplinary actions taken shall not be considered punitive. 3. Access to Fitness Equipment. The City agrees to provide appropriate physical fitness equipment at each fire station. 4. Wellness Program. Members shall receive wellness incentives/rewards that are equivalent to the incentives/rewards that other city employees receive. If wellness incentives/rewards are awarded to general city employees on a 1-hour basis, the same incentives/rewards will be awarded to Union members on a 1.4-hour basis. For instance, if a general city employee receives a 1-hour wellness incentive, then Union members shall receive a 1.4-hour wellness incentive for the same achievement. SECTION 3.07 Training 1. Records. Fire Administration shall provide, upon written request, a written report of a member’s training records, to include EMS records, within fourteen (14) days of such request, provided that the member’s EMT/Paramedic License expiration date is within ninety (90) days of the request date. This provision may be fulfilled by a self-service system if provided by the City. 2. Continuing Education. The City will provide, at its cost, continuing education at the sole 12 discretion of the Fire Chief. If scheduled department provided training is missed by a Member it will become their responsibility to schedule make up times. SECTION 3.08 Uniforms, Appearance, and Equipment 1. General Provisions. But for the following provisions, the City and Department Policy Manual shall be controlling with regard to uniforms and equipment: a. The City shall furnish uniforms and equipment for fire suppression personnel deemed necessary by the Fire Chief. b. Fire personnel shall be allowed to purchase their own personal protective equipment with respect to leather bunker boots, suspenders, gloves, glove holders, belts, and helmets, as long as the accessories meet all safety standards and each Member receives prior approval from the Fire Chief. The Fire Chief may condition such approval on the return of City-issued personal protective equipment. c. When a Member leaves City employment, for any reason such as resignation, retirement, dismissal or layoff, he or she shall return all issued uniforms and equipment to Fire Administration. 2. Tattoos/Scarification/Body Modification. Firefighters shall not have visible tattoos/scarification/body modifications on their head, face, or neck areas above the collar of their Class C uniform (excluding tattoos for natural looking cosmetic enhancements, such as eyebrows, lips, eye liners and wedding bands). Firefighters shall not be required to cover or conceal any tattoos that are located on their arms or legs unless such tattoos contain offensive words, nudity/sexual acts, obscene messages, slogans, or pictures. Such tattoos shall be covered at all times by department-issued long- sleeve T-shirts or pants while on duty. The City Administrator shall be the final arbiter of whether a tattoo contains offensive words, nudity/sexual acts, obscene messages, slogans, or pictures; such determination by the City Administrator shall not be grievable under this Agreement and the Union shall indemnify and hold harmless the City against any claim by a member related to such determination. 3. Uniform Policy. While in the fire stations before 0800 and after 1700, and during rest times and on weekends, while not training or performing safety-related work, members shall be permitted to wear shoes other than department-issued safety boots/shoes. The member acknowledges and holds harmless the City of any workers compensation claims for injuries while wearing such non-safety shoes. SECTION 3.09 Grievances 1. A “grievance” for the purpose of this Article shall mean any dispute over the application and/ or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Union, for the specific purpose of a 13 grievance in this Article, shall be the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Union for evaluation. The Union shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. 2. Procedures: a. Step 1: Within seven (7) days of the date that a potentially grievable offense has occurred or become discoverable to the member(s), the member(s) shall contact the Union for guidance. The Union shall meet and confer with the affected member’s Duty Chief within (7) days of notice from the member to gather all pertinent facts relating to the potential grievance. If the meet and confer fails to resolve the grievance, the Union shall provide the Duty Chief a written notice of the grievance. The Duty Chief may transfer the grievance to the appropriate Division Chief where the grievance is within the Division Chief’s area of responsibility. The Duty Chief or the applicable Division Chief shall render an initial written decision within seven (7) calendar days of the written notice. If the Union is not satisfied with outcome of the discussion, the Union shall proceed to Step 2. i. When a grievance is identified by the Union as being general in nature, in that it applies to more than one (1) member reporting to different Duty Chiefs in the chain of command, such a grievance shall proceed directly to Step 2. b. Step 2: A written grievance shall be presented to the Fire Chief within seven (7) calendar days of the date of the Union’s meeting with the Duty Chief in Step 1. The grievance shall identify the specific article of the contract in question and also a summary of the factual basis for any claimed violation, any witnesses and/or necessary documents. The Fire Chief shall provide a written determination within seven (7) calendar days. If the Union is unsatisfied with the Step 2 answer, the Union may proceed to Step 3. c. Step 3: If the Union remains dissatisfied with the Step 2 answer, they may, within seven (7) calendar days following receipt of the Step 2 answer, appeal the grievance to the City Administrator. All grievances submitted to the City Administrator shall be set forth in writing as outlined in Step 2 and a copy shall be transmitted by the Union to the City’s Human Resources Director. The City Administrator shall provide a written response to the Union within seven (7) calendar days. 3. If at any time a member(s) represents that such member(s) is satisfied with the resolution of a grievance, the Union shall be deemed to have fulfilled its duty of fair representation and no further process by the Union is authorized. 4. Any unresolved grievance processed through the grievance procedure may be submitted for action in the circuit court as a judicial review of an uncontested case under Section 536.150 RSMo. within thirty (30) days of the City Administrator’s written decision. 14 SECTION 3.10 Discipline and Discharge Procedures The Union agrees that discipline of Members, when deemed necessary by the City, shall be administered in accordance with the City’s Personnel Policy Manual. Discipline and discharge shall not be subject to the grievance process. SECTION 3.11 Policies and Guidelines JCFD policies and procedures are established by the JCFD Policy and Procedures Manuals. The Union may propose changes to any existing JCFD Policy on behalf of members, or propose the creation of a new Policy, in accordance with this Section. Prior to implementing any amendment or new policy, the Fire Chief shall provide a copy of such amendment or new policy to the Union members of the JLMC for comment and review, which shall be returned to the Fire Chief within fourteen (14) days. Upon receipt of such comment and review, any amendment or new policy may or may not be implemented by the Fire Chief in the Fire Chief’s sole discretion. These provisions shall not apply to interim directives. The Union shall have the right to confer with the City Administrator regarding any new or amended policy implemented by the Fire Chief under this provision. SECTION 3.12 Promotions and Hiring The filling of vacancies in ranks of Firefighter, Driver, and Captain and promotions to the ranks of Driver and Captain shall be done in accordance with the Personnel Policy Manual, the JCFD Policy Manual, and Jefferson City Ordinance 15715, but for the modifications set forth in this agreement: 1. Timeliness of Hiring. The filling of full-time line-level permanent vacancies shall be endeavored to take place within ninety (90) days of a Member vacating their position. If a vacancy is not filled within 90 days, the Fire Chief shall provide written notice to the Union upon request. This provision shall only be effective where there exists a list of qualified applicants for hiring. 2. Timeliness of Promotions. The filling of full-time line-level promotions shall be endeavored to take place within sixty (60) days of a Member vacating their position. If a promotion is not filled within 60 days, the Fire Chief shall provide written notice to the Union upon request. This provision shall only be effective where there exists a list of qualified applicants for promotion. 3. Union Participation. The Union retains the right to have a member of the Union’s choice to sit in on the hiring and promotional process as one of the line rank personnel required by ordinance. The Union representative may serve in this capacity on an off-duty basis. However, if the Union representative is already on shift during such service time, the Union Representative may serve while on duty. 4. Promotional Procedure. The following procedure shall govern all promotions to Driver and to Captain within the Fire Department: 15 a. All examinations shall be impartial and shall relate to those matters which fairly test the candidate to discharge the duties of the position to be filled. b. Examination material for each exam shall consist of a maximum of three (3) texts. All promotional testing study material such as books/software shall be furnished no less than 6 months prior to the testing dates. Study materials will be made available to Members for check-out at Fire Administration. c. Promotional examination dates shall be announced via email to the entire department no less than ninety (90) days prior to the testing date. d. Promotional examination scores shall be emailed to each test taker within 3 weeks (21 days) of the completion of written and/or practical testing and shall not be unnecessarily held until the completion of all tests. For example, if written testing is completed and the practical test is not scheduled for another 30 days, then the written test results shall be sent to the testers prior to the practical test being completed. e. Members with leave scheduled prior to the public announcement of any exam dates that conflict with the exam dates shall be allowed to schedule makeup exams. SECTION 3.13 Strikes and Lockouts 1. The Union agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. 2. The City agrees that it will not lock out any of the members covered by this Agreement. 3. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Union shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. a. The Union’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement. b. The failure of the Union to promptly so act, after notice by the Department, shall be construed to mean the Union sanctioned or condoned the actions of the members involved. If the Union does promptly so act, such actions shall be construed, absent other inconsistent acts by the Union, to demonstrate that it did 16 not sanction or condone the unlawful and/or prohibited acts. 4. The City may exercise its ability to withdraw recognition of the Union as set forth in Article 1 if the Union sanctions or condones the actions of the omissions prohibited by this Section. SECTION 3.14 Internet, Cable & Communications The parties agree upon the following provisions regarding the use of the internet, cable, and other forms of communication by on duty Members of the JCFD: 1. The City will provide access to wireless internet at each station. 2. The City shall allow the use of personal electronic and communication devices, provided such use does not interfere with departmental operations or violate City or department policies. 3. The use of Member’s cell phones, internet devices, televisions, email, text messages and social media services shall be governed by the respective provisions applicable to City employees contained in the Personnel Policy Manual. SECTION 3.15 Station Maintenance, Repair and Furnishings The parties agree upon the following provisions regarding the maintenance, upkeep, repair, and furnishing of the JCFD firehouses: 1. Members shall be responsible for the cleaning and maintenance of their assigned bedding and bedroom. 2. The City shall provide and maintain each fire station’s interior with appliances, furniture, furnishings, and accessories. 3. Cleaning appliances, laundry detergent, fabric softener, dryer sheets, dish-washing detergent, etc. shall be provided by the City for bed linens, towels, uniforms, turnout gear, and dishes. 4. Members shall not be required to perform duties for the City in lieu of hiring a licensed professional for any major building repairs or additions which would require a permit by city code. 5. Members shall clean and maintain all living areas, bunk-rooms, offices, and apparatus bays, including those facilities located at the Hyde Park Training Facility in accordance with department policies set forth by the Fire Chief. Cleaning products deemed necessary to maintain JCFD stations shall be provided by the City for the purpose of station cleaning. 6. Members shall only be required to maintain the building and grounds of each 24-hour, staffed fire station and the Hyde Park Training Facility, except Members shall not be required to cut grass at Hyde Park Training Facility. 17 SECTION 3.16 Minimum Staffing 1. The parties agree that the regular staffing level for the Jefferson City Fire Department shall be set at twenty-three (23) and the minimum staffing strength shall be set at nineteen (19) fire suppression personnel per shift occupying the positions of Firefighter, Driver, and Captain. A modification of this number may be made by the Council by ordinance at any time based on evaluation of the needs for staffing strength sufficient to protect the City. 2. Members shall be called to report when strength is below minimum staffing levels based on the needs of the department for particular classes of individuals and particular training on any given shift. Minimum staffing strength shall be achieved primarily within rank, first voluntary, then mandatory. For example, Captains will be called back to fill Captain positions, Drivers will be called back to fill Driver positions, and Firefighters will be called back to fill Firefighter positions. The Fire Chief may in their discretion allow for out-of- rank minimum staffing where the Fire Chief determines such is in the best operational, organizational, or fiscal interests of the City and Fire Department. Persons on leave who are assigned to work to maintain minimum staffing strength, either voluntarily or mandatory, shall be compensated for both leave time and time worked. 3. The City shall maintain a single rotating list for the purposes of maintaining minimum staffing strength. Persons of the appropriate rank who have volunteered will be selected in a reverse chronological order from the date last worked to maintain minimum staffing strength. When no volunteers are available, members will be selected on a mandatory basis in reverse chronological order based on date last worked to maintain minimum staffing strength, provided that members who are on leave shall be excluded from mandatory minimum staffing. SECTION 3.17 Increases in Staffing 1. The Fire Chief may, at their discretion, increase minimum staffing for non-routine events when: a. It is necessary to dedicate personnel to provide for the safety of an event or; b. The anticipated attendance creates the need for increased protection or may delay emergency services; and c. This staffing will last longer than 4 hours; and d. Personnel dedicated to providing services at the event cannot, in a reasonable time, return to service. 2. Staffing for Preplanned Non-Routine Events. Notice of a raise in minimum staffing levels for preplanned non-routine events will be relayed to the members as soon as practicable. The Union commits to providing assistance in scheduling personnel for preplanned non- routine events. The minimum staffing procedure shall be used to fill positions at these events if not first filled through voluntary means on a first-come first-served basis. By 18 working during a non-routine preplanned event, a Member who would have otherwise been off-duty will be moved to the bottom of the minimum staffing roster. SECTION 3.18 Residency Requirement To ensure the availability of Members for call back, minimum staffing, and response to emergency situations, Members shall be required to maintain their primary residence within twenty-five miles of City limits (air miles) or a forty-five-minute drive of Fire Station 1. This distance shall be measured by any commercially-available mapping program or service approved by the Director of ITS utilizing the address of the Members’ residence as the starting point and the address of Fire Station 1 as the end point. Section 3.19 Staffing Generally Members agree to be called back to work beyond a normal duty cycle for emergency situations or to maintain minimum staffing strength in accordance with this Agreement and the Personnel Policy Manual. ARTICLE 4 - COMPENSATION SECTION 4.01 Wages and Compensation A pay plan for the members of the Union is hereby established and is attached to this Agreement as Appendix 1 and made a part hereof by reference. Wage rates will be adjusted during the term of this Agreement in accordance with Appendix 1. SECTION 4.02 Step-Up Pay 1. Any person covered by this Agreement who is assigned the responsibilities and carries out the duties incidental to a position or rank senior to that which the Member normally holds, for a minimum of 10 hours, shall be paid a daily “step-up” of forty dollars ($40.00). Only one step-up may be paid to a member per shift except as provided herein. 2. In the event a Member performs as an instructor for departmental training while on their regularly scheduled shift, the Member shall be paid forty dollars ($40.00) for each shift in which the Member performs as an instructor, provided a Member who is receiving a special incentive to serve as a shift training officer shall be ineligible for step-up for instructing. 3. Two step-ups may be paid to a single Member in the event that a Member serves out of rank as described in Paragraph 1 and that Member also serves as an instructor as described in Paragraph 2, both in a single shift. 19 4. Members who are working to maintain minimum staffing strength are not eligible to receive step-up pay. SECTION 4.03 Benefits Members shall be provided with benefits such as comprehensive major medical, prescription drug, vision care, dental insurance, and life insurance, at levels no worse or less valuable than those made available to general City employees. SECTION 4.04 Pension and Retirement Members shall be provided pension and retirement benefits consistent with Ordinance 14747. SECTION 4.05 Sick Leave Sick leave usage and accrual shall be governed by City Personnel Policy Manual and JCFD Policy Manual, but for the following provisions: 1. Members may be required to provide a physician’s note pertaining to the medical reason for missing work to the City or Fire Administration where such Member reports unavailable to work due to sickness for seven consecutive calendar days. SECTION 4.06 Kelly Days The City reserves the right to implement Kelly Days as a fiscal control mechanism. “Kelly Days” shall be defined as a rotating day off that is granted in the pay cycle that reduces the accumulation of overtime hours by reducing hours worked. The City shall only implement Kelly Days upon approval of the City Council. SECTION 4.07 Vacation Time 1. General Provisions. The use and accrual of vacation time shall be governed by the Personnel Policy Manual except as explicitly provided in this Agreement. a. Vacations will be scheduled in December for the upcoming year on a rotating basis by seniority as defined by time with the Fire Department. b. Vacation may be canceled or postponed by the Fire Chief to maintain minimum staffing, in the event both voluntary and involuntary procedures fail to produce sufficient personnel for duty. c. Military leave may be utilized by a Member even when two (2) vacations are previously scheduled. Military leave dates will be provided by the Member for each year as soon as dates are available. 20 d. When a shift transfer occurs, the individual affected will have to reschedule to an available date, trade time, or carry over vacation time to the following year as provided in the City Personnel Policy Manual unless the transfer assignment was not at the Member’s request. Individuals transferred pursuant to promotional changes shall have their previously scheduled vacation days honored to the extent they do not disrupt the operations of the department. This includes the honoring of the calendar time off regardless of the shift schedules. 2. Annual Vacation Scheduling. a. There will be no more than two (2) members on vacation at a time without explicit approval of the Fire Chief, subject to provisions of Paragraph 4 below. b. Members will pick vacation dates using employment seniority by shift to determine the selection order. c. The first four (4) vacation picks will be based on projected annual accrual rate of vacation time for the individual for the upcoming year. No person may schedule more vacation than can be accrued in the calendar year or have scheduled more hours than can be accrued to the day in question. d. On first pick, no member will pick more than one hundred forty-four (144) hours [six (6) shifts] of vacation during the first round of vacation selection and must be picked in forty-eight (48) hours [two (2) shifts], ninety-six (96) hours [four (4) shifts], or one hundred and forty-four (144) hours [six (6) shifts] in consecutive increments. e. On second pick, no member will pick more than ninety-six (96) hours [4 shifts] of vacation and must be picked in forty-eight (48) hours [two (2) shifts] or ninety-six (96) hours [four (4) shifts], during the second round of vacation selection and must be picked in consecutive increments. f. On third pick, members can pick vacation in twenty-four (24) hours [one (1) shift], or forty-eight (48) hours [two (2) shifts] increments. No member will pick more than ninety-six (96) hours [four (4) shifts] of vacation during the third pick and must be in consecutive days. g. On fourth pick, members may pick vacation in twenty-four (24) hours, [one (1) shift]; forty-eight (48) hours [two (2) shifts] increments. No member will pick more than ninety-six (96) [four (4) shifts] of vacation during the fourth round and must be picked in consecutive days. h. Members will be given no less than 24 hours of notification when the vacation selection process for their assigned shift will begin. Members will be required to have their first and second selection available at the time selection begins. Members who do not report picks when notified shall be considered to have passed until round three. i. After 4 rotations members may pick a day or days that have carried over from the previous year. Members can pick any amount of hours in 24 or 12 hour (either 21 0630-1830 or 1830-0630) increments, but the picks must be consecutive. The picks will continue in a rotation, based on seniority, until all members have stated they have completed their picks. j. The vacation selection process will now be complete and the calendar is closed until two cycles before the first shift of the year. The completion of the process will be relayed to all members. 3. Additional Vacation Selection and Cancellation. a. No member may schedule more total vacation leave than their current vacation balance and total to be accrued to the day of the leave. b. Vacation leave may be granted in 12-hour or 24-hour periods, with those 12-hour periods spanning either 0630-1830 or 1830-0630. c. Open vacation leave periods will be granted in order requested. d. To give all Members notice of the opportunity to participate in minimum staffing and use accrued vacation, cancellation of a Member’s scheduled vacation leave for their next duty cycle shall not be allowed after 1600 of such Member’s duty cycle preceding the scheduled vacation. e. Members should give advance notice to their supervisor and their Duty Chief of other scheduled leave or changes to other scheduled leave, such as military leave, sick leave, etc. as soon as practicable, preferably the duty cycle before the Member’s scheduled leave. 4. The provisions of section 2(a) of this article notwithstanding, up to three individuals from any platoon may take vacation at the same time as provided in this subsection. a. The choice of the vacation date may be made at any time, including during the regular picks. b. The vacation date chosen shall not be considered approved and granted at any time before two cycles (sixteen days) before the chosen vacation period at which time the selection must be approved or denied by the Duty Chief. The Member who is denied shall have priority if the requested vacation date becomes later available. c. The City will endeavor to keep the member informed as to the status of the decision, however it will be the responsibility of the member to confirm with the Duty Chief that the date has been approved. d. After a date has been finally approved and granted, it shall be treated as a regular vacation day for all purposes. 5. A Member who is scheduled for vacation shall not be subject to mandatory staffing except as provided in Section 3.03.2 of this Agreement. 22 SECTION 4.09 Injured or Disabled While On or Off Duty 1. Duty Related Injuries or Illnesses. Any Member who is injured or disabled while on duty shall be remunerated by the City’s contracted worker’s compensation insurance provider, in accordance with the City Personnel Policy Manual, except for as specifically provided in this Agreement. 2. Physician Selection. The Union shall be entitled to having a member participate in any competitive selection process for physicians to provide care under the City’s worker’s compensation program. 3. Off-Duty Related Injuries or Illnesses, or Physical Restrictions. Any Member who has temporary physical restrictions due to off-duty injuries or illnesses and is unable to perform the duties of a firefighter may work light-duty up to 40 hours per week to off-set the member’s sick or vacation leave usage. Members seeking a light duty assignment should submit a written request with medical documentation to the Fire Chief for approval/disapproval. The availability of light duty assignments shall be determined on a case-by-case basis, at the discretion of the Fire Chief, consistent with the operational needs of the Department. Nothing in the Agreement shall require light duty to be paid at 1.5 times a Member’s regular rate unless required by the FLSA. 4. Location of Light-Duty. Light-duty assignments related to off-duty injuries or illnesses shall occur at fire stations or fire administration, except that assignment may be established outside fire stations or fire administration if mutually agreed to by the Fire Chief, the member, and the affected departmental director, shall be in accordance with the restrictions set forth by a treating physician, and any light duty that is performed shall negate any Sick Leave utilized by the Member, hour for hour. 5. Return to Duty. Members returning from light duty shall be required to perform a department physical (PAT) if their light duty assignment resulted in the Member missing the regularly-scheduled department-mandated annual PAT. 6. Long Term Light Duty. For light duty assignments exceeding sixteen (16) weeks, if the Member so chooses, they shall be moved to a 40-hour week starting with the next available pay period, with a corresponding adjustment to hourly pay and leave accrual and subject to FSLA requirements applicable to 40-hour work weeks. 7. Restrictions from Testing. When any member is subject to any restriction/limitation/denial of clearance resulting from medical/physical tests (including those performed by any third-party entity such as SiteMed or similar vendors performing NFPA 1582 physicals) then the following procedures shall apply to such member’s return to duty process: a. The member may use accrued leave and apply for FMLA leave while working with their personal physician, in coordination with the City third-party medical services provider (SiteMed or similar), to return to duty. b. The member may also request light duty according to the provisions of this section. 23 c. If the member is not released to full duty at the expiration of FMLA leave, or three months if they have been working light duty, the City may terminate the member. Prior to termination, the member may request the City Administrator authorize additional time or explore options, if available, for long term disability, retirement, or other employment opportunities with City. SECTION 4.10 Special Duty Incentive Special duty positions will exist with additional duties and responsibilities as outlined in the respective job description. Personnel occupying those positions will be compensated as outlined below at a flat rate per year paid equally over 26 pay periods. Members occupying these positions will serve a two-year term (unless a Member is fulfilling an unexpired term) and will be required to reapply when required. Applications are subject to approval of the Fire Chief. Nothing in this section precludes a Member from serving as any special duty position for successive terms, but the individual must be selected from the list of applications. A member may only occupy one special duty incentive concurrently, except for Paramedic as set forth below. These incentivized positions may be withdrawn if the City Administrator approves alternative positions or mechanisms to perform incentivized duties. Positions receiving a special duty incentive will not receive “Step-up” pay if training is listed as a job duty in the special duty job description. Appointments to a special duty position may be subject to removal from such special duty position upon disciplinary action. 1. Inspectors. There will be no more than six (6) positions, designated for the purpose of inspector and each will receive $3,000 per year. 2. SCBA Technician. There will be no more than one (1) position for the department for the purpose of SCBA maintenance and will receive $3,000 per year. 3. Grant Writer. There will be no more than (1) identified position as a grant writer and will receive $3,000 per year. 4. Shift Training Officers. There will be no more than (3) identified positions as a Shift training officer and each will receive $3,000 per year. 5. Paramedic. Notwithstanding any in this Section to the contrary, any Member that is approved and able to perform the duties of a paramedic as allowed under State law and requirements set forth by the Fire Department’s Medical Director will receive $2,000 per year. Members seeking the paramedic incentive shall provide all necessary documentation to the Fire Chief or their designee. The Paramedic incentive may be achieved by a Member in addition to any other special duty incentive. 6. Escalators. The amounts set forth in paragraphs shall increase $75 each fiscal year, provided that the escalator for the paramedic incentive shall be $50 each fiscal year. 7. Other Special Duty. The Fire Chief may create other special duty incentives when approved by the City Administrator. Application will be taken from all eligible Members who wish to apply for the position. 24 SECTION 4.11 Funeral Leave Members of the fire service assigned to fire suppression duty may utilize two (2) consecutive days (full shifts) of Funeral Leave as needed for each funeral of an immediate family member. SECTION 4.12 Military Leave Leave for military training shall be governed by Section 14-4 of the Personnel Policy Manual, provided that Members shall be entitled to up to one hundred and seventy (170) hours of such leave in any Federal fiscal year. SECTION 4.13 Outside Employment Members shall be allowed to be compensated by any company/agency/entity, for any amount of time outside their normally scheduled duty cycle, consistent with provisions of the Personnel Policy Manual and the City Charter and provided that such employment does not conflict with the Firefighter Code of Ethics and does not pose a conflict of interest. SECTION 4.14 Critical Illness Pool The City shall participate in the Missouri Fire Fighters Critical Illness Pool at the $300,000 Coverage Limit for eligible, full-time firefighters, so long as such program is made available and the City is eligible to participate. ARTICLE 5 – Conditions of the Agreement SECTION 5.01 Savings Provision If any provision of this Agreement, or application of such provision, should be rendered or declared invalid, by any court or by reasons of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect, and the provisions of this Agreement shall be interpreted and implemented to render the provision in question in compliance with the applicable law, as close to the original intent of the parties as possible. SECTION 5.02 Complete Agreement and Reopening Provision 1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in 25 writing and effective when signed by both parties. 2. Reopening. The parties shall not be obligated to bargain collectively with respect to any subject matter referred to or covered in this Agreement during the term of the Agreement, but the parties may do so if each so desire. SECTION 5.03 Successor Entities The Jefferson City Fire Department recognizes that should the Union disaffiliate with the IAFF and/or Local 671, that the terms and conditions contained within this Agreement will not automatically be transferred to whatever authorized bargaining agent, if any, assumes the representation of the Members of the union. If the transferring entity is established as the exclusive bargaining agent of the Union as recognized by law, the City reserves the right to honor none, part, or all of this Agreement at its discretion. SECTION 5.04 Agreement Terms and Negotiating Extension This Collective Bargaining Agreement shall be effective upon approval and shall remain in full force and effect until October 31, 2026. This Agreement shall be implemented in accordance with the following schedule: Changes to pay rates shall be adjusted for the pay cycle which is paid on May 5, 2023. Full implementation of fiscal matters, including changes to how overtime is calculated under this agreement, shall be completed so that such full implementation is reflected in the pay cycle which is paid on June 16, 2023. The parties acknowledge and recognize that this implementation schedule shall require utilization of a pay cycle inconsistent with the general provisions of this Agreement. Parties shall each hold harmless the other from any claims relating to or resulting from this non- standard pay cycle, provided all Members shall be made whole in the event that any mistake or error in calculation of pay is subsequently discovered. The parties shall not be required to meet earlier than 150 days prior to the expiration of the Agreement for the purpose of negotiating a successor Agreement. SECTION 5.05 Evergreen Provision This Collective Bargaining Agreement shall remain in full force and be effective during the period of discussions and shall remain in full force and effect until such time that a successor Agreement has been reached. This Agreement shall be automatically renewed year to year after October 31, 2026 unless either party shall notify the other in writing no later than ninety (90) days prior to the date of termination that it wishes to terminate or modify this Agreement for any reason. Notification of intent to modify shall include the substance of the modifications desired and negotiations shall begin no later than June 1, 2026. SECTION 5.06 Financial Hardship In the event the City experiences a decline in annual gross revenue compared to the amount 26 budgeted for the previous fiscal year as shown in the annual audit of the City, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Union of this activity and agrees to meet and confer in a good-faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. ARTICLE 6 – AGREEMENT SECTION 6.01 Approval of the Agreement Once the bargaining teams have reached a tentative agreement, said document shall be presented in its entirety to the voting Members of the Jefferson City Fire Department IAFF Local 671 for approval or rejection. Should the Union report to the City that the Union has voted to ratify the Agreement, it shall then be presented to the Jefferson City Council for consideration and ratification. SECTION 6.02 Reopening Upon Layoffs In the event that economic circumstances in the City of Jefferson require a layoff of personnel in the Jefferson City Fire Department as contemplated in Section 2.03 of this Agreement, the par- ties may mutually consent to reopen this Agreement for the purpose of avoiding the layoff of Jefferson City Fire Department personnel. SECTION 6.03 Appendices and Amendments All appendices and amendments to this Agreement, if any, shall be numbered or lettered, dated, and signed by the responsible parties, and shall be subject to all provisions of this Agreement. [Signature Pages to Follow] CITY OF JEFFERSON, MISSOURI 0,41/1/7_,<_e: , Mayor Emily Donaldson, City Clerk Ryan hlman, City Attorney 27 PROFESSIONAL FIREFIGHTERS OF JEFFERSON CITY, MISSOURI, LOCAL 671 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO ames Noah, President Appendix A – Local 671 Pay Plan 1. The base wage for Firefighter will be set for implementation at $45,800. 2. Each rank will have 10 steps. 3. Each step will be equivalent to an increase of 1.5% from the previous step. 4. For implementation, Years in Grade (YIG) will be calculated as whole years from promotional or hire date to 11/1/2022. 5. Employees will begin at step 1 for their range and be moved a number of steps equivalent to their YIG. 6. At the beginning of the next Fiscal Year for the duration of the contract, the minimum pay and maximum pay will be raised by 1%. 7. Each employee will be advanced 1 step at the beginning of the fiscal year. 8. Employees will receive four 1.5% compounding steps on promotion (6.1%) or move to step 1 for the rank, whichever is greater. Firefighter Fire Driver Engineer Fire Captain Step1 $45,800.00 $53,152.77 $61,685.96 Step 2 $46,487.00 $53,950.06 $62,611.25 Step 3 $47,184.31 $54,759.31 $63,550.42 Step 4 $47,892.07 $55,580.70 $64,503.67 Step 5 $48,610.45 $56,414.41 $65,471.23 Step 6 $49,339.61 $57,260.63 $66,453.30 Step 7 $50,079.70 $58,119.54 $67,450.10 Step 8 $50,830.90 $58,991.33 $68,461.85 Step 9 $51,593.36 $59,876.20 $69,488.78 Step 10 $52,367.26 $60,774.34 $70,531.11