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03-24-93 v MINUTES OF THE SPECIAL CALLED MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN ATLANTIC BEACH CITY HALL ON WEDNESDAY, MARCH 24, 1993, AT 7:30 PM, TO RESOLVE THE IMPASSE BETWEEN THE CITY AND THE PROFESSIONAL FIRE FIGHTERS OF JACKSONVILLE BEACH, LOCAL 2622, IAFF, AFL-CIO-CLC PRESENT: William I . Gulliford, Jr. , Mayor Glenn A. Edwards, Commissioner Lyman T. Fletcher, Commissioner Adelaide R. Tucker, Commissioner J. Dezmond Waters, III, Commissioner AND: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk Kirk Wendland, Finance Director AND NEGOTIATORS: Lt. James Hill, Representing Atlantic Beach Fire Fighters Capt. John Campbell, Representing the City of Atlantic Beach Mayor Gulliford called the meeting to order and explained there were three items to be considered, namely, holidays, working out of position, and wages. He called on Lt. Hill to present the first item on behalf of the fire fighters. ARTICLE 10: HOLIDAYS Lt. Hill complimented Capt. Campbell on the manner in which he had handled the negotiations with the fire fighters. Lt. Hill indicated the fire fighters had already made a concession by changing from 16-hour days to 24-hour days, which he felt would lower the fire fighters hourly rate of pay. He said this concession was made in order to receive favorable consideration of the other items at impasse. He explained in regards to holidays, the fire fighters were requesting that those employees who did not work on a holiday receive either twelve hours pay at the employee ' s regular rate of pay or twelve hours of compensatory time; those employees who did work on a holiday to receive double their straight time hourly rate of pay and, in addition, be credited with twelve hours of compensatory time. Lt. Hill said he felt agreement had been reached on this item but in negotiations for a three year contract the fire fighters felt three openers were insufficient. While they would agree with this matter on a one-year basis, they were not willing to accept it for three years. Captain Campbell indicated the city was in agreement with the request regarding holidays. He said this article was similar to the police contract with the exception that police officers were Page Two Minutes of Hearing to Resolve Impasse in Contract Negotiations with Fire Department March 24, 1993 required to take compensatory time. Following further discussion, it was agreed to discuss all three items at impasse and to vote on each individually following the discussions. ARTICLE 28: WAGES Captain Campbell presented a handout delineating the proposed pay schedules for fire fighter, engineer, and lieutenant along with the aggregate amount of increase. He indicated the city recommended a 3% increase at this time until the studies of pay scales in other departments are completed. He said that funds had been budgeted in anticipation of a 3% increase. Lt. Hill indicated the fire fighters were willing to accept the 3% increase. He pointed out two areas where he felt the language needed to be changed or deleted. He requested that the following sentence be deleted from Article 28. 2(b)3: "The evaluation rating of an employee under this article is within the sole discretion of the City and is not subject to the grievance or arbitration procedures of the contract. " He felt the employee should be able to dispute an evaluation which, in his opinion, was not accurate or which may be based on personality differences. Capt. Campbell disagreed with this opinion and felt that employee evaluations should be a management right and felt it would be difficult for an arbitrator to settle such disputes. Discussion then ensued regarding Section 28.3( 3 ) which indicated employees who were required to attend a class at a time when he was not scheduled to work, compensation should be at one and one-half times the employee' s regular rate of pay. Capt. Campbell agreed with this request. Motion: Commissioner Edwards moved to strike the following sentence from Section 28.3(3) : Should the employee be required to attend class at a time he is not scheduled to work, the city shall pay the employee for the time the employee attends class at the employee' s regular straight time hourly rate of pay. " The motion was seconded by Commissioner Waters. Following further discussion it was felt the sentence was necessary to the overall content of the section. Substitute Motion: Commissioner Waters moved to amend above sentence to require employee to be compensated at the rate of one and one-half times the employee' s regular rate of pay; lieutenants ' contract also to be similarly amended. The motion was seconded by Commissioner Fletcher and was unanimously approved. Page Three Minutes of Hearing to Resolve Impasse in Contract Negotiations with Fire Department March 24, 1993 Discussion then ensued regarding the process to appeal a bad evaluation. David Catir, Past F.O.P. President, reported on a situation which had existed in the police department where a police officer was denied his annual raise based on a poor evaluation, and even though there was no documentation of poor performance, the officer was denied his raise for an entire year. He was of the opinion some provision should be made for appeal of poor evaluations. Following a full discussion of the matter, the question was called and the motion carried unanimously. ARTICLE 34: WORKING OUT OF POSITION Lt. Hill felt the problem of employees not being compensated for working out of position had been identified last year and he was disappointed that funds had not been budgeted to cover this item. He indicated the fire fighters were requesting compensation at the employees regular rate of pay plus 5% only when the employee is required to work out of his position for twenty four hours. He explained lieutenants were not compensated when they were required to stand by if the Fire Chief was out of town. Capt. Campbell explained this item had been rejected by the city because funds had not been budgeted. The cost of compensating fire fighters the additional 5% for working out of position was estimated at $4, 500. but it was felt the cost of compensating lieutenants for stand by time would be minimal . At 9 :08 PM Mayor Gulliford called a short recess. The meeting reconvened at 9 : 15 PM and Mayor Gulliford summarized the financial impact of the various requests as follows: Article 10, Holidays - minimal impact; Article 34, additional 5% for working out of position - $4, 500; hour for hour compensation for lieutenants standing by for fire chief - minimal impact; and Article 28, pay plan as delineated in Appendix A attached, $27, 000. Mayor Gulliford said he felt it would be better to have negotiations on matters which would impact the operating budget prior to adoption of the budget each year and he hoped this might be given consideration in the future. Commissioner Fletcher moved to adopt Article 10, Holidays, for both fire fighters and lieutenants as presented by the union, as set forth in Exhibit 1 attached hereto, to become effective for the remaining holidays in this fiscal year. The motion was seconded by Commissioner Waters, and following brief discussion, on roll call vote, the motion carried unanimously. Page Four Minutes of Hearing to Resolve Impasse in Contract Negotiations with Fire Department March 24, 1993 Regarding Article 28, Wages, Commissioner Fletcher moved to adopt the language in Article 28, and pay scale in Appendix A Wages, attached hereto, effective October 1, 1992, this section to apply to both the fire fighters ' and lieutenants ' contacts. The motion was seconded by Commissioner Waters, and following brief discussion regarding funding the pay increases, on roll call vote, the motion was unanimously approved. Regarding Article 34, Working out of position, Commissioner Fletcher moved to adopt the language of the fire fighters proposal as set forth in paragraph one of exhibit 3 attached hereto. The motion was seconded by Commissioner Waters and following further discussion, roll call vote resulted in a vote of 2 - 3 with Commissioners Edwards and Tucker and Mayor Gulliford opposing the motion. The motion failed. Regarding Article 34, Commissioner Fletcher moved to adopt the language proposed by the union for lieutenants as set forth in paragraph two of Exhibit 3 attached hereto, with the provision that compensatory time must be taken off and not cashed in. The motion was seconded by Commissioner Waters, and following further discussion, roll call vote resulted in a vote of 2 - 3 with Commissioners Edwards and Tucker and Mayor Gulliford opposing the motion. The motion failed. Mayor Gulliford indicated the City Commission would specifically consider during budget workshops, those requests which had a financial impact and for which funds had not been budgeted this fiscal year. In other business a joint meeting between the City Commission and Community Development Board was tentatively scheduled for April 8, 1993. There being no further business to come before the City Commission, the Mayor declared the meeting adjo rned 10: 00 'M. I I / lar William I . Gull 'rd, Jr Mayor/Presidinc A ficer ATTES T: 11 -1-11 -51 Mau een King City Clerk Ar 11111111 ARTICLE 10 HOLIDAYS 10 . 1 The following re recognized as holidays under the terms of this agreement : New Years Day January 1st . President ' s Day 3rd. Monday in February Memorial Day Last Monday in May Independence Day July 4th. Thanksgiving Day 4th. Thursday in November Friday after Thanksgiving Christmas Day December 25th. Employee ' s Birthday Any day that the City Commission may designate 10 . 2 Employees who do not work on the holiday shall receive at the discretion of the Public Employer either twelve ( 12 ) hours pay at the employee' s regular straight time hourly rate of pay or twelve ( 12) hours of compensatory time. 10 . 3 Employees who work on the holiday shall receive double their regular straight time hourly rate of pay for each hour worked during the declared holiday. In addition, such employees shall be credited with twelve ( 12 ) hours of compensatory time. 10 . 4 In order to be eligible for holiday pay or compensatory time the employee must have worked the last scheduled working day immediately prior to the holiday and the first regularly scheduled working day immediately after the holiday unless the employee is on paid vacation, military leave, sick leave substantiated by a doctor ' s certificate, or other absences excused by the Fire Chief . 10 . 5 Employees who have been assigned holiday work and fail to report for and perform such work without reasonable cause shall not receive pay for the holiday or compensatory time . 10 . 6 Employees who are on leave of absence without pay or layoff on the holiday shall not receive pay for the holiday or compensatory time . 10 . 7 For purposes of this Article , all holidays shall commence at 12 : 01 a .m. on the holiday ( as set forth in 16 • Section 10 . 1 ) and continue for twenty-four ( 24 ) uninterrupted hours for all shift employees . 10 . 8 The accrual and pay-out of compensatory time under this Section shall be governed by the provisions of Article 15 . 1 1 i • 1 i I 1 17 Itw .: ti APPENDIX A I MERIT STEP PLAN (BASED ON 24/48 SCHEDULE) FIREFIGHTER I PAY HOURLY BI-aEEKLY APPROX. LEVEL RATE SA:ARY ANNUAL SALARY I ENTRY 7 . 1662 759 . 6154 19 , 750 . 00 IFl 7 . 5102 796 . 0769 20 , 698 . 00 F2 7 . 8706 834 . 2884 21 , 691 . 50 IF3 8 . 2484 874 . 3346 22 , 732 . 70 IF4 8 . 6444 916 . 3026 23 , 823 . 87 F5 9 . 0593 960 . 2850 24 , 967 . 41 IF6 9 . 4941 1006 . 3788 26 , 165 . 85 F7 9 . 9499 1054 . 6850 27 ,421 . 81 I ENGINEER IHOURLY BI-WEEKLY APPROX. RATE SALARY ANNUAL SALARY El 8 . 3454 884 . 6153 23 , 000. 00 E2 8 . 7460 927 . 0769 24 , 104 . 00 E3 9 . 1658 971 . 5765 25 , 260 . 99 E4 9 . 6058 1018 . 2123 26 , 473 . 52 E5 10 . 0668 1067 . 0865 27 , 744 . 25 E6 10 . 5501 1118 . 3065 29 , 075 . 97 E7 11 . 0565 1171 . 9853 30 , 471 . 62 ; I I 1 ! 1 II 11 APPENDIX A MERIT STEP PLAN (BASED ON 24/48 SCHEDULE) LIEUTENANT I APPROXIMATE HOUR BI-WEEKLY ANNUAL L1 9 . 4340 1000. 0000 26 , 000 . 00 L2 9 . 8868 1048 . 0000 27 , 248 . 00 L3 10. 3614 1098 . 3038 28, 555 . 90 L4 10 . 8587 1151 . 0226 29 , 926 . 59 L5 11 . 3799 1206 . 2715 31 , 363 . 06 L6 11 . 9262 1264 . 1726 32 , 868 . 49 L7 12 . 4986 1324 . 8530 34 , 446 . 18 r 1 I I ARTICLE #34 : WORKING OUT OF POSITION THE FIREFIGHTERS REQUEST THAT THE LANGUAGE READ AS FOLLOWS: AT TIMES WHEN AN EMPLOYEE WHO IS TEMPORARILY ASSIGNED WORK IN A HIGHER CLASSIFICATION FOR TWENTY-FOUR ( 24 ) HOURS OR LONGER SHALL BE Ni PAID FIVE PERCENT ( 5% ) ABOVE HIS/HER NORMAL RATE, FOR EACH CLASSIFICATION LEVEL ASSUMED. t - WHEN THE FIRE CHIEF ASSIGNS A OFF DUTY LIEUTENANT TO STAND-BY IN CHARGE OF THE FIRE DEPARTMENT THAT LIEUTENANT WILL BE COMPENSATED L. ," HOUR FOR HOUR COMP-TIME. NOTES: THIS BENEFIT IS GIVEN TO ALL OTHER EMPLOYEES OF THE CITY. THE FIRE CHIEF IS CURRENTLY RESTRICTED BY THE LACK OF A POLICY CONCERNING STANDBY OF OFF DUTY LIEUTENANTS .