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MEMORANDUM OF UNDERSTANDING
JULY 1, 2020 – JUNE 30, 2024
CITY OF EL MIRAGE AND
EL MIRAGE FIRE FIGHTERS ASSOCIATION (EMFFA)
CHAPTER OF THE NORTHWEST VALLEY FIREFIGHTERS LOCAL 4361
This Memorandum of Understanding is made and entered into between the City of El Mirage, Arizona,
hereinafter referred to as "City", and the El Mirage Fire Fighters Association, hereinafter referred to as
"Association," under the authority of the City of El Mirage Ordinance No. 00-01-04.
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Contents
DEFINITIONS ......................................................................................................................................... 3
ARTICLE 1: MEMBERSHIP .................................................................................................................. 3
ARTICLE 2: CONTRACTUAL RIGHTS OF THE PARTIES............................................................... 3
ARTICLE 3: WAGES ............................................................................................................................. 7
ARTICLE 4: HOURS OF WORK .......................................................................................................... 8
ARTICLE 5: SHIFT TRADES ................................................................................................................ 8
ARTICLE 6: HOLIDAY BENEFITS ...................................................................................................... 9
ARTICLE 7: LIFE INSURANCE ........................................................................................................... 9
ARTICLE 8: HEALTH AND DENTAL INSURANCE ...................................................................... 10
ARTICLE 9: TUITION ASSISTANCE ............................................................................................... 10
ARTICLE 10: UNIFORM ALLOWANCE .......................................................................................... 11
ARTICLE 11: OVERTIME .................................................................................................................. 11
ARTICLE 12: WORKING OUT OF CLASS ........................................................................................ 12
ARTICLE 13: PAID AND UNPAID LEAVE ...................................................................................... 12
ARTICLE 14: STAFFING .................................................................................................................... 17
ARTICLE 15: HEALTH AND SAFETY COMMITEE ....................................................................... 17
ARTICLE 16: GRIEVANCE PROCEDURES ..................................................................................... 17
ARTICLE 17: PROHIBITION OF STRIKES AND LOCKOUTS ...................................................... 20
ARTICLE 18: FISCAL CRISIS ............................................................................................................. 20
ARTICLE 19: SAVING CLAUSE ....................................................................................................... 20
ARTICLE 20: TERM AND EFFECT............................................................................................. 21
APPENDIX A: WAGES ........................................................................................................................ 22
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DEFINITIONS
For the purpose of this Memorandum of Understanding, the following definitions will apply:
Association
The El Mirage Fire Fighters Association under the authority of
the City of El Mirage Ordinance No. 00-01-04.
Association Representative
Vice President or designee (Trustee).
City
City of El Mirage, Arizona
Commencement Date
The date this MOU becomes effective, i.e. July 1, 2020.
Department Representative
A non-MOU Member of the Fire Department (Fire Chief and/or
designee).
Employee
The City of El Mirage eligible Members of this M.O.U.
Regular Rate of Pay
The regular rate of pay is determined by adding applicable
paramedic assignment pay, bilingual pay, and the regular rate as
outlined in Article 3: Wages”.
Shift Representative
A representative designated by the Association Representation
(Trustee).
ARTICLE 1: MEMBERSHIP
In addition to the term ""Employee", either in the singular or plural form, shall mean employees or the
City of El Mirage that are specifically covered by these M.O.U. Members shall include all full-time
sworn fire employees up to and including the rank of Fire Captain.
ARTICLE 2: CONTRACTUAL RIGHTS OF THE PARTIES
1) Contractual Rights of the Association
a) The Association, as the authorized representative, has the exclusive contractual right to serve
as the meet and confer representative of all employees in the Fire Fighter Unit as determined
by the El Mirage City Council Ordinance No. 00-01-04.
b) Certain specified representatives of the Association have the contractual right to paid release
time under the Grievance procedure as follows:
i) The Association may designate one (1) representative for each shift (Shift A, B, and C
Shift) and shall notify the Fire Chief of such designations. There shall be no obligation of
the Fire Chief to change or adjust normal departmental scheduling or assignments of
personnel as a result of such designation.
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ii) A shift representative may, when the Association is designated in writing by a grievant as
his or her representative, attend mutually scheduled Memorandum (M.O.U.) grievance
meetings and hearings with the department representatives without loss of pay from
benefits. In no event shall this paid release time be used for any other purpose, such as
gathering information interviewing the grievant or witness, or preparing a presentation.
iii) The Association representative is required to obtain permission of his or her immediate
supervisor to absent himself or herself from his or her duties to attend scheduled
grievance meetings. A representative wishing to enter a work area for the purpose of
investigating a formal grievance must first gain the permission of the work area supervisor.
This permission will not be unreasonably withheld, giving proper consideration to essential
work of the department and the occupational safety of the shift representative.
c) The Association through its designated representatives may distribute materials on the City
premises (building and grounds) only before and after scheduled departmental activities
designated by the Fire Chief. The Association agrees that no Association printed material will
be placed on any City bulletin board without the express written approval of the City Manager
or designee. The distribution of any material shall also comply with any other City or
Department rules and regulations.
d) The Association shall select four (4) Officers/Members of the Association who shall be granted
leave from duty with full pay for Association business such as, but not necessarily limited to,
attending educational conferences, seminars, and training courses for the improvement of the
fire service. Leave requests shall be submitted in writing to the Fire Chief or designee at least
eight (8) calendar days prior to departure or with as much advance notice as possible.
i) Association Officers shall each be authorized the necessary time off with pay to attend one
monthly executive board and one monthly Association membership meeting. If fifty
percent (50%) or more of the Association Officers come from one (1) shift, the Association
shall change the executive board meeting date to a date a majority of the Association
Officers are not on shift.
ii) Association Officers shall not be placed on the bottom of the overtime and/or callback list
when doing Association business.
iii) An Association Officer or Member may accept a callback or scheduled overtime and attend
Association functions, but shall not receive overtime or callback pay for the period of the
time the Association Officer or Member is participating in Association functions.
iv) The Association Officer or Member shall immediately notify the Fire Chief or designee when
such an opportunity is created, and inform the Fire Chief or designee of the time frame of the
Association business. If the Department must call back or schedule overtime for another
Member to fill the vacancy created by the Association business, the callback or scheduled
overtime shall be for a minimum of two (2) hours. The Association Officer, or Member,
shall notify the Fire Chief or designee upon completion of Association business and shall
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immediately return to duty.
v) If an Association Officer or Member accepts a callback or overtime and attends an
Association function at the beginning of a shift, and the function is expected to last less
than four (4) hours, the Fire Chief or designee can hold over an employee for the period of
time that the Association Officer or Member attending the function. The Association
Officer, or Member, shall notify the Fire Chief or designee upon completion of Association
business and shall immediately return to duty.
vi) At no time during a single 24-hour shift shall the combined hours of the callback/overtime
and the attendance at an Association function by the Officer or Member exceed a total of
twenty-four (24) hours.
e) The City shall furnish to the Association upon request and after receiving payment for the
actual cost of reproduction, a listing of Association Members on City payroll deduction in July
and January during the term of this agreement indicating name, and job assignment.
f) The City will provide the Association, upon request, non-confidential and readily available
information concerning the Fire Fighter that is necessary to the Association representation for
negotiations, and is otherwise not available to the Association, such as personnel census, and
survey information. "Confidential” means any information deemed confidential by City Code,
County Ordinance, State or Federal Statute, by law or by agreement. Such request shall be
made through the City Manager or his or her designee. Any usual cost incurred by the City in
connection with this section shall be borne by the Association. Further, the Association may
designate not more than three (3) persons who shall be authorized to examine the documents
provided. Such persons need not be employees of the City or Association, but include
accountants, time study experts, or other hired by the Association for the purpose of such
examination. Such examination shall be made during reasonable business hours, and upon
reasonable prior notice given to the City. The obligation of the City under this section shall be
cumulative of, and shall not derogate from, any other requirement expressed in this agreement
with respect to furnishing notices, communications or any other writing to the Association.
g) The Employee agrees that non-employee Officers and representatives of the Association shall
have reasonable access to the employer during working hours with reasonable advanced notice
to the appropriate employer representative. Such access shall be for the reasons of the
administration of this agreement. The Association agrees that such activities shall not interfere
with normal work duties of the employees.
2) Contractual Rights of Management
a) The Association recognizes that the City has and will continue to retain, whether exercised or
not, the unilateral and exclusive contractual right to operate, administer and manage its
municipal services and workforce performing those services.
b) The City Manager and Fire Chief have exclusive decision-making authority on matters not
expressly addressed or modified by specific provisions of this Memorandum. Such decision-
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making shall not in any way, directly or indirectly, be subject to the grievance procedure
contained herein.
c) The exclusive rights of the City shall include but are not limited to: the contractual right to
determine the organization of the City government and purpose and the mission of its
constituent agencies and departments; to set standards of service to be offered to the public,
and through its management officials to exercise control and discretion of its organization
and operations; to establish and affect administrative regulations and employment rules
consistent with law or any other regulation, ordinance or statute that is controlling and the
specific provisions of this Memorandum; to direct its employees; to take disciplinary action
for proper cause; to relieve its employees from duty because of lack of work or other
legitimate reasons; to determine the methods, means and personnel by which the City's
services are to be provided, including the contractual right to schedule and assign work and
overtime; and to otherwise act in the best interests of the efficient service to the community;
to adopt and to manage its budget, providing for the funding of the certain levels of service;
to add, delete, modify, or suspend certain programs, functions, divisions, and departments as
the City Council determines in the exercise of its legislative authority; and to create and
manage the City's budget as necessary and appropriate. Nothing herein shall be construed
to diminish the rights of the City under Ordinance No. 00-01-04.
d) In areas not expressly covered or addressed under this Memorandum of Understanding, the
City of El Mirage Personnel Policies and Procedures and Departmental Policies and
Procedures will apply. The City Manager or City Manager's designee shall have the sole
authority to determine if any conflict exists in the interpreting of this paragraph.
e) The Association agrees that its Members who work for the City will individually and
collectively perform loyal and efficient work and service; that they will protect the property
of the City and its service to the public; and that they will cooperate in promoting and
advancing the welfare of the City and the protection of its service to the public at all times.
f) The Association and City mutually agree through the labor/management process to
cooperate in achieving increased productivity for the mutual benefit of all concern through
better utilization of equipment, manpower and methods of work.
3) Contractual Member Rights
a) All Members shall have the contractual right to have the Association serve as their "meet
and confer" representative as set forth in Ordinance No. 00-01-04, without discrimination
based on membership in the Association.
b) Members shall have the contractual right to be presented by the Association in dealings
with the City concerning grievances as defined in this Memorandum (Article #16).
c) Members shall have the contractual right to present their own grievance in person.
d) Any Member covered hereunder or his representative designated in written form, signed by
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the Member, shall, on request and by appointment, be permitted to examine his Personnel
File and/or his department file.
e) No Member shall have any adverse comments entered into his or her Personnel File
without being informed by a supervisor. If the Member requests, he may receive a copy of
the adverse statement.
f) Within thirty (30) days of notification of the entrance of the adverse comment into their
personnel file, the Member may, at his discretion, attach a statement of rebuttal to any
adverse material contained in his personnel file
g) A letter of reprimand or document of reprimand which does not contain a notice of
suspension or demotion will remain active in for not less than one (1) year. After the one-
year period, the Member may submit a written request, through the Member's appropriate
chain of command, to the Fire Chief or designee that the letter or document be removed
from the Member's file. The Fire Chief, at his/her sole discretion, may remove the letter or
document from the Member's file, provided there are no other disciplinary actions of any
kind taken against the Member during that one-year period.
ARTICLE 3: WAGES
1) Wages. The Step Pay Plan as set forth is designed to incrementally increase employees’ pay through
the Step Pay Plan. (Reference Appendix A).
2) Plan implementation. The goal is to move all employees to the step that corresponds to the years in
the position over the four year contract. Employees will receive an increase (up to 7%) until the
employees step and time in the position aligns. Once the employee reaches the appropriate step,
future increases will be 5% until the top of the range is met or the agreement expires. During the
transition, employees’ salaries may not align with an identified step.
3) Members assigned as paramedics, whose positions are classified as non-exempt under the Fair
Labor Standards Act, shall receive their regular rate of pay plus $2.50 per hour for paramedic
assignment.
4) Members who have demonstrated a proficiency in a second language, and routinely provide
translation from another language to English, including American Sign Language, shall be eligible
to receive $0.75 per hour as language adjustment pay. Members must pass an initial proficiency
test to receive/continue receiving bilingual pay. At no time will a Member be able to obtain more
that an adjustment of $0.75 per hour regardless of the number of language or sign language in
which the Member becomes proficient.
5) It is mandatory for each Member to contribute $25 per pay period, for 26 pay periods per year, to
the City designated deferred compensation provider. The City of El Mirage will contribute $10
per pay period.
6) The City of El Mirage agrees to participate in the Post Employment Health Plan (PEHP) for
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Members in accordance with the terms and conditions of the Plan's Participation Agreement. The
parties hereto designate Nationwide Retirement Solutions to act as Plan Administrator for the Plan,
or its successors appointed in accordance with the Plan and Trust documents. For the term of the
Agreement, the City shall contribute for each eligible employee the amount of $35 per pay period.
7) Members called back to work after leaving City facilities upon completion of their regular shift shall
receive a minimum of two (2) hours pay at the appropriate regular rate, subject to overtime as
described in Article 11. City personnel rules and administrative regulations will govern the
application of this provision.
ARTICLE 4: HOURS OF WORK
1) Personnel classified as nonexempt under the Fair Labor Standards Act.
The Fire Chief shall determine the weekly shift schedules of Fire personnel. The duty hours of
personnel shall consist of regularly scheduled shifts of forty-eight (48) hours on duty followed by
ninety-six (96) hours off duty ("48/96 Schedule"), unless otherwise determined by the Fire Chief in
the event of any emergency.
The Fire Chief may determine that an operational need exists to assign an employee to a forty (40)
hour work week.
2) Personnel classified as exempt under the Fair Labor Standards Act.
Personnel exempt under the Fair Labor Standards Act (FLSA) are expected to work a schedule
compatible with the requirements of the Fair Labor Standards Act and the needs of the organization
as determined by the Fire Chief.
ARTICLE 5: SHIFT TRADES
1) Two Members serving in the same classification, or in the current promotional list for that
classification, may be granted the opportunity to exchange shifts in accordance with departmental
policies. All shift changes are subject to the approval of the Fire Chief or his designee and shall be
in conformance with regulations issued by the Fire Chief and Section 7(p)(3) of the FLSA.
2) Section 7(p) (3) of the FLSA provides that two individuals employed in the same capacity by the
same public agency may agree, solely at their option and with the approval of the public agency, to
substitute for one another during scheduled work hours. 29 U.S.C. §207 (p) (3). It further states that
the hours worked by the substituting employee shall be excluded by the public agency in the
calculation of the hours for which the substituting employee is entitled to overtime compensation
under the Act. The implementing regulations provide that when “one employee substitutes for
another, each employee will be credited as if he or she had worked his or her normal work schedule
for that shift.” 29 CFR §553.31(a). Source: U.S. Department of Labor
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ARTICLE 6: HOLIDAY BENEFITS
1) Members regularly assigned to a forty-hour work schedule will be entitled to the following
holidays off with ten (10) hours of leave for each holiday.
2) Holiday pay is determined by multiplying ten (10) hours by a factor of 1.5. Holiday pay will be paid
at the Member's current regular rate of pay for the work period.
New Year’s Day
January 1
Martin Luther King, Jr. Birthday
Third Monday in January
Presidents Day
Third Monday in February
Memorial Day
Last Monday in May
Independence Day Labor Day
July 4
Labor Day
First Monday in September
Veterans Day
November 11
Thanksgiving Day
Fourth Thursday in November
Thanksgiving Recess
Day after Thanksgiving
Christmas Day
December 25
Whenever a holiday falls on a Friday or Saturday, it shall be observed on the preceding work day.
Whenever a holiday falls on a Sunday, it shall be observed on the following Monday.
3) Members regularly assigned to a 48/96 Schedule will, in lieu of time off with pay, be paid in
addition to the Member's regular pay and regardless of whether the Member works the holiday,
Holiday Pay for the ten holidays listed in Paragraph 2 above. Holiday Pay hours will not be
counted as hours worked for purpose of calculating overtime.
4) Holiday pay will be paid in the paycheck for the work period it occurs in. Holiday pay will be
determined by calculating the number of holiday hours in a work period (by multiplying the
number of holidays in the pay period by ten (10) hours and then multiplying the number of holiday
hours by a factor of 1.5. The holiday hours determined by this calculation will then be paid at the
Member's current regular rate of pay for the work period.
EXAMPLE: The Holiday Pay for the work period containing both Thanksgiving and the day after
Thanksgiving will be calculated as follows: Two holiday days times ten hours equals 20 holiday
hours; 20 holiday hours times 1.5 equals 30 holiday hours for that pay period. The 30 holiday
hours will then be paid at the Member's regular rate of pay for the pay period.
5) Service Award Leave – Personal Hours
Members regularly assigned to a 40-hour work schedule or a 48/96 work schedule are eligible for
Service Award Leave – Personal Hours as described in the Employee Recognition and Reward
Policy.
ARTICLE 7: LIFE INSURANCE
1) The City will provide Basic Life and Accidental Death and Dismemberment (AD&D) insurance
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in the amount of one times annual salary rounded to the next higher $1,000, if not already a
multiple thereof, subject to a maximum of $200,000. A Member's "current equivalent annual
pay," for purposes of this Article 7 only, shall be calculated by multiplying the employee's
regular rate of pay at the time by three thousand and three (3003) hours, rounded to the nearest
thousand dollars.
ARTICLE 8: HEALTH AND DENTAL INSURANCE
1) Health and Dental Coverage:
a) The City will pay up to 100% of the member’s monthly health and dental premiums but not more
than the actual cost of the lowest health and dental premium. The members agree to pay any
additional amount above the lowest health and dental premium plan.
b) The City will continue to pay the approved amount for dependent coverage per month, but
not less than 70% of the dependent premium for the lowest health and dental premium plan.
The member agrees to pay any additional premium above that amount for dependent
coverage.
2) If a Member is killed while on duty, or while performing Fire Department functions as determined
by the City, the City will pay the full monthly COBRA health insurance premium for the Member's
spouse and all eligible dependents of the Member from the date of the qualifying event for a period
as defined by COBRA.
ARTICLE 9: TUITION ASSISTANCE
1) The City, in accordance with personnel regulations of the City, shall offer Members tuition
reimbursement assistance. Members shall be allowed to attend College Fire Related Courses
and other courses approved by the Fire Chief. Each Member who wishes to be reimbursed must
receive written approval from the Fire Chief and the City Manager prior to enrolling in the
course. A Member must obtain a grade equivalent of "C" or better in order to be reimbursed.
2) Subject to funding availability, the City agrees to assist Members in their pursuit of additional
training and higher education in courses related to their employment responsibilities and
promotion opportunities, including core courses in a degree program, but excluding non-job related
electives not approved as core courses in the degree program.
a) Courses must be from a fully accredited college, university or approved technical/ trade/
business school. Online courses will be eligible for a reimbursement using the same criteria of
a maximum of six credit hours based on a fifteen (15) week college semester.
b) Each Member who wishes to be reimbursed must receive written approval from the Fire Chief
and the City Manager prior to enrolling in the course.
c) Reimbursement will be at 100% of the tuition, and required lab fees, charged per credit hour up
to a maximum of $4,000 per calendar year. For undergraduate and specialty classes,
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reimbursement shall be paid at the end of each semester upon presentation of proof of each
course passed with a "C" grade or higher, or its equivalent where letter grades are not used. For
graduate classes, reimbursement shall be paid at the end of each semester upon presentation of
proof of each course passed with a "B" grade or higher, and presentation of receipt for tuition
costs.
d) Members shall not be reimbursed for non-tuition expenses such as administration fees, books,
recreation fees, etc.
e) The amount of reimbursement shall be reduced by any financial assistance the Member
receives from any outside source. When applying for tuition reimbursement, the Member shall
notify the Human Resources Department of any financial assistance received from an outside
source. Financial assistance does not include loans or other debt instruments.
f) The courses must be taken on a Member’s personal time and the Member will have personally
paid the fee for which the Member is requesting reimbursement.
g) Any Member who resigns or is discharged for any reason prior to completion of a course will
not be eligible for reimbursement.
ARTICLE 10: UNIFORM ALLOWANCE
1) Firefighter Recruit; members hired as a firefighter recruit shall receive the following uniform
allowances. Prior to starting the Regional Fire Academy the Fire Department will provide all initial
academy uniforms as designated by the Fire Chief, to include dress uniform needed for graduation.
Upon successful completion (graduation) of the Regional Fire Academy the individual will receive a
payment of $550. This will allow the individual to purchases necessary regular duty uniforms. The
individual will then receive their next reimbursement in conjunction with all other employees,
regardless of proximity to the initial reimbursement.
2) Sworn full time personnel will be entitled to receive reimbursement for authorized original issue
and/or maintenance of uniforms up to one thousand one hundred ($1,100) dollars per fiscal year, with
no carryover to the next fiscal year.
3) Both parties agree that the allowance shall be structured in a manner that exempts the allowance from
taxation and retirement contributions. The City will pay 50% of the allowance twice per year,
through the City’s Accounts Payable process, on or about July 1st and January 1st. MOU employees
must be employed on each date shown above to receive the payment. The EMFFA agrees to provide
documentation substantiating that the annual cost of uniform and duty clothing maintenance meets or
exceeds the proposed allowance. Should the City Attorney determine during the term of this
agreement that modification is necessary to exempt the allowance from taxation and retirement
contributions the City will implement guidelines to comply. Regardless of how the allowance is
processed the allowance shall not be less than $1,100 annually for an MOU employee who was
employed for an entire fiscal year.
ARTICLE 11: OVERTIME
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1) All overtime will be paid in accordance with the regulations of the Fair Labor Standards Act
(FLSA). Personnel classified as exempt under the FLSA are not eligible for overtime. Overtime
shall be worked and shall be allowed if assigned by the Fire Chief or his designee. Employees
assigned to a 48/96 shift schedule: overtime will be calculated and paid at one and one-half (1.5)
times the Member's regular rate of pay for all hours worked in excess of one hundred thirty-six
(136) hours in an eighteen (18) day work period. Employees assigned to a 40-hour schedule:
overtime will be calculated and paid at one and one-half (1.5) times the Member’s regular rate of pay
for all hours worked in excess of forty (40) hours in a seven (7) day work period.
2) Except as otherwise provided in Article 13, Paid and Unpaid Leave, below, hours worked shall not
include paid annual leave (vacation) compensatory time, sick leave, bereavement, holiday leave
pay, Association business leave, and/or any other comparable hours (including non-disciplinary
administrative leave time) during which the Member is not performing services for the City.
3) In the event the State of Arizona or the United States imposes upon the City any additional form of
leave, paid or unpaid, for the purpose of family or child assistance, such leave shall not be
considered as time worked for purposes of the regularly scheduled work week.
ARTICLE 12: WORKING OUT OF CLASS
1) Members who are temporarily upgraded by management to perform substantially the full range of
duties and responsibilities of a higher level of classification or to conduct arson investigation
shall be paid an additional five percent (5%) when “working out of class”.
ARTICLE 13: PAID AND UNPAID LEAVE
All leaves of absence shall be granted in accordance with federal and state law, and the City of El
Mirage Personnel and Procedures.
1) Vacation Leave
a) Members who are regularly assigned to a 40-hour work week shall accrue vacation leave at the
rate set forth in the City's Personnel Manual. For the purpose of vacation leave accrual only, a
Member whose average work week is 56 hours shall not be considered as regularly assigned to
a 40-hour work week while temporarily assigned to light duty or on industrial leave or
educational leave. They shall continue to accrue vacation leave based on a 56-hour work week.
b) Members hired on or after January 1, 2004, who regularly are assigned to an average 56-hour
work week shall accrue vacation leave at the rates set forth in the following schedule:
Years of Service
Annual Vacation Hours (56 Hour) Accrual Rate per pay period (56 Hour)
Less than 2 years
120
4.62
2 but less than 5 years
144
5.54
5 but less than 10 years 180
6.92
10 and more years
240
9.23
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c) The maximum accrual of vacation hours for any Member is five hundred seventy-six (576)
hours. Vacation leave shall be deducted from a Member's accrued vacation leave on an hour-
for-hour (1-for-1) basis.
d) Members may begin to utilize accrued vacation leave after one (1) year of employment.
e) Upon termination of a Member's employment, whether with or without cause, the Member
shall be paid the Member's vacation accrual balance at the Member's regular rate of pay at the
time of termination.
2) Members hired on or before December 31, 2003 who regularly are assigned to an average 56-
hour work week shall accrue vacation leave at the rates set forth in the following schedule:
Accrual Rate Per Pay Period:
Maximum Carryover Hours:
6.1538
320
a) Vacation leave shall be deducted from a Member's accrual bank on a 3-for-1 basis. By way of
example, a Member who takes six hours off for vacation time will only have two hours
deducted from the Member's vacation accrual bank.
b) At the time of termination, whether with or without cause, Members shall be paid their
vacation leave balance at the Member's regular rate of pay at the time of termination.
c) A Member's vacation leave balance at the time of termination will not be paid at a 3-to-1 rate.
3) Vacation Leave Pay
An employee who has completed a minimum of two (2) years of service with the City and who has
used a minimum of one hundred twelve (112) hours of vacation leave in the previous twenty-four
months may request to be paid any portion of the employee’s accrued vacation hours in excess of
fifty-six (56) hours (a minimum of 56 hours must remain in the accrual) at the employee’s current
regular rate of pay at the time of the request. The City Manager may deny a request for payment of
accrued vacation leave if the City Manager determines, in his/her sole discretion, granting such
request will create a financial hardship to the City.
4) Sick Leave
a) Members hired on or after January 1, 2004 who regularly are assigned to an average 56-hour
work week shall be entitled to sick leave with pay. Members will accrue sick leave at the rate of
5.54 hours per pay period (equivalent of 6 shifts per year) with no maximum accrual limit.
Sick leave shall be deducted from a Member's accrued sick leave on an hour-for-hour ( 1 -
f o r - 1 ) basis.
b) Members hired on or before December 31, 2003, who regularly are assigned to an average 56-
hour work week, shall be entitled to sick leave with pay. Members will accrue sick leave at the
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rate of 3.69 hours per pay period with not maximum limit. Sick leave shall be deducted from a
Member's sick leave accrual bank on a 3 for 1 basis. By way of example, a Member who takes
six hours off for sick time will only have two hours deducted from the Member's sick leave
accrual bank.
c) Members who are regularly assigned to a 40-hour work week shall accrue sick leave with pay
at the rate set forth in the City's Personnel Manual. For purposes of sick leave accrual only, a
Member whose average work week is 56 hours shall not be considered as regularly assigned to
a 40-hour work week while temporarily assigned to light duty or on industrial leave or
educational leave. They shall continue to accrue sick leave based on a 56-hour work week.
5) Sick Leave Conversion at Termination
a) Members hired on or after January 1, 2004. Members who have accumulated a minimum of
three hundred and sixty (360) hours of unused sick leave and have worked for the City at least
ten (10) years will be eligible at the time of termination from the City, in good standing, to
payment of an amount of compensation equal to twenty percent (20%) of the total
accumulated unused sick leave hours at the Member's regular hourly rate at the time of
termination.
b) Members hired on or before December 31, 2003. Members who have accumulated a minimum
of one hundred and twenty (120) hours of unused sick leave and have worked for the City as
least ten (10) years will be eligible at the time of termination from the City, in good standing,
to payment of an amount of compensation equal to forty (40%) percent of the total
accumulated unused sick leave hours at the Member's regular hourly rate at the time of
termination.
c) Death of a Member while employed by the City. In the event of a Member's death while
employed by the City of El Mirage, the City shall pay to the Member's designated beneficiary,
regardless of the number of years the Member has worked for the City prior to the time of
death, will receive one hundred percent (100%) of the total accumulated unused sick leave
hours at the Member's regular hourly rate at the time of death.
d) For purposes of this section, regular hourly rate includes any additional compensation that has
been added to the base hourly rate.
6) FMLA
It is the policy of the City to fully comply with the requirements of the Family and Medical Leave
Act (FMLA).
7) Industrial Leave (On duty or work-related injuries)
a) It is the policy of the City of El Mirage to follow and comply with the reporting and processing of
on-the-job injuries and illnesses in accordance with the State of Arizona workers’ compensation
statutes.
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b) Employees who are injured on the job will receive industrial injury leave (salary continuance)
when the health care provider renders the employee is unable to perform the essential functions of
his/her job, with or without reasonable accommodation, when treatment is required by a licensed
professional, and providing the claim is approved by the City’s workers’ compensation
administrator. If claim is denied by the workers’ compensation administrator, employee will be
charged leave time or shall pay back amount owed. An employee’s income from the City while
receiving salary continuance must not exceed the employee’s base bi-weekly gross salary.
c) While on approved industrial injury leave; sick, vacation, compensatory, or any other paid leave
will not be charged.
d) Employee must authorize the workers’ compensation administrator to mail temporary disability
checks to the City for time lost from work due to an industrial injury. If employee receives
temporary disability check (workers’ compensation wages) from the City’s workers’
compensation administrator, the employee must endorse the check back to the City.
e) Family and Medical Leave (FML) will run concurrent with Industrial Leave
8) Limited Alternate Assignment (Off duty injuries)
a) The City may, at its sole discretion, provide limited alternate assignments for Members who
are unable to perform the essential functions of their positions, with or without reasonable
accommodations, due to temporary injuries or illness, physical or mental, that are not covered
by Worker's Compensation.
b) The limited alternate assignment (for off-duty injuries/illness) will not exceed a period of sixty
(60) calendar days, unless to do so would be in the best interest of the City. Any extension of
the sixty (60) calendar days will be with the recommendation of the Fire Chief and require
approval of the City Manager.
c) Actual hours worked on light duty related to an off-duty injury will count as 1.4 hours worked for
purposes of achieving the Fair Labor Standards Act (FLSA) 18 day cycle overtime. Actual hours
worked in excess of 144 hours in an 18 day cycle will be paid at overtime rates.
9) Bereavement Leave
a) Bereavement leave is available to any Member for the purpose of attending to family needs
that arise in connection with the death or a Member's immediate family. Immediate family
shall be defined as: (1) the Member's spouse, parent, child, brother, sister, grandparent, or
grandchild; (2) the Member's spouse's parent, child, brother, or sister; (3) the Member's child's
spouse. The City Manager may give special consideration for the death of a person other than
a Member's immediate family if the deceased’s association with the Member was similar to any
of the above relationships, including any person who has been a parent substitute to the
Member.
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b) Emergency vacation or compensatory time may be requested for family members not
considered as immediate family.
c) Bereavement leave will be permitted in the following amounts:
i) Forty-hour employees. Forty (40) hours of bereavement leave shall be provided for the
death of an immediate family member.
ii) Employees regularly assigned to a 48/96 schedule. Sixty (60) hours of bereavement leave
shall be provided for the death of an immediate family member.
d) Bereavement leave shall be counted as hours worked for purposes of calculating FLSA
overtime, but only in an amount needed to bring a Member's total hours worked for a work
period to one hundred forty-four (144) hours.
10) Limited Use of Accrued Leave as Hours Worked
a) Accrued vacation leave shall be counted as hours worked for purposes of calculating FLSA
overtime when a Member missed a regularly scheduled shift(s) due to vacation , illness or
injury, but only in an amount needed to bring a Member's total hours worked for a work period
to one hundred forty-four (144) hours.
b) Sick leave shall never be counted as hours worked.
c) Vacation hours that increase a member's hours for a work period above one hundred forty-four
(144) hours shall not be counted as hours worked and shall be paid at straight time.
d) A Member who has taken time off that would be covered under sick leave may, at the
Member's option, request the use of vacation time instead of sick leave in order to bring the
Member's total hours worked for the work period to one hundred forty-four (144) hours.
i) Example A: A Member takes 24 hours of vacation during a work period and does not work
any additional time other than the Member’s regularly scheduled time. The Members hours
worked without the vacation time would be 120 hours. The entire 24 hours of vacation shall
be considered hours worked so the Member's total hours worked for purposed of
calculating overtime for the work period will be 144 hours. This Member would be paid
136 hours at straight time and 8 hours at time and one-half.
ii) Example B: A Member takes 12 hours off for vacation, but also works 30 extra hours
beyond the Member's regularly scheduled time. Since this Member will have 162 actual
hours worked in the work period, none of the vacation leave time is needed to bring the total
hours worked up to 144 hours. Therefore, none of the 12 hours of vacation leave will be
counted as hours worked for purposes of calculating overtime. This Member would be paid
132 hours worked at straight time, 12 hours vacation at straight time, and 26 hours as
overtime at time and one half (132 hours worked plus the additional 30 hours worked
equals 162 actual hours worked. Subtracting the FLSA hours (136) for an 18-day work
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period leaves 26 hours to be paid at time and one half and the 12 hours of vacation to be
paid at straight time).
iii) Example C: A Member takes 48 hours of vacation, but also works 24 hours outside the
Member' regularly schedule time. This Member will only have 120 hours of actual hours
worked in the work period. Therefore, 24 hours of the vacation hours will be counted as
hours worked in order to bring the total hours worked for this work period to 144 hours.
The remaining 24 hours of vacation time will not be considered hours worked for purposes
of calculating overtime. This Member will have a total of 168 hours reported (120) actual
worked and 48 vacation), 8 hours of which will be paid at time and one half and 160 hours
paid at straight time. [The overtime is the difference between the 144 hours worked (120)
actual hours worked plus 24 hours vacation time to bring hours worked to 144 hours), less
the FLSA hours (136) for an 18-day work period. The remaining 160 hours are paid at
straight time].
iv) Example D: A Member becomes ill during a shift and leaves after working only 18 hours.
This Member has 30 hours (48-hour shift less 18 hours worked) that qualify for use of sick
leave. If the Member uses sick leave, and does not work any other time outside the
Member's regularly scheduled time, the Member will be paid 144 hours at straight time
(114 hours worked plus 30 hours sick leave). However, if the Member requests to charge
vacation leave rather than sick leave for the 30 hours, the Member would be paid 130 hours at
straight time and 8 hours at time and one half.
ARTICLE 14: STAFFING
The minimum level of staffing for the El Mirage Fire Department shall be consistent with current
Phoenix Regional Dispatch Consortium staffing requirements.
ARTICLE 15: HEALTH AND SAFETY COMMITEE
A Fire Department Safety Committee shall be establish in accordance with department policy to
address safety issues including, but not limited to NFPA 1500, NFPA 1710, OSHA, City, and
departmental regulations. This policy shall not be modified without consulting the Labor/Management
Committee.
ARTICLE 16: GRIEVANCE PROCEDURES
1) The City and Association agree that the procedure provided in this agreement shall be the
administrative process required for grievances of this M.O.U. Grievances on issues outside the
terms under this agreement may not be grieved under the provision of the agreement.
2) Informal Resolution
a) It is the responsibility of the Member who believes he/she has a bona fide complaint
concerning violation of the M.O.U. to promptly inform and discuss it with his or her
supervisor in order to, in good faith, endeavor to clarify the matter expeditiously and
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informally at the employee-immediate supervisor level.
b) If such informal discussion does not resolve the problem to the Member's satisfaction, and
if the complaint constitutes a grievance as herein defined, the Member may file a formal
grievance in accordance with the procedures set forth herein below.
3) Definition of Grievance
a) A "grievance" is a written allegation by an Employee, submitted in a timely manner in
accordance with this provision, alleging specific violations of the terms of this
Memorandum which are alleged to be violated and the specific remedy request. Failure to
identify the specific provision of the Memorandum and the specific remedy shall
automatically terminate the grievance.
b) A "Unit" grievance is a written allegation by which the Association, submitted as herein
specified, charges violation(s) of the specific express terms of the Memorandum that
involved the entire unit and not the merely a specific application of this Memorandum to
one or more employees.
4) Procedures
a) Unit grievances shall skip Steps 1 and 2 and shall commence at Step 3.
b) In processing a formal grievance, the following procedures shall apply:
i) STEP 1: The unit employee shall reduce the grievance to writing by signing and
completing all parts of the Grievance form provided by the City, and submit it to his or
her immediate supervisor as designated by the City within fourteen (14) calendar days
of the event giving rise to the grievance. Either party may then request that a meeting
be held. The supervisor shall, within fourteen (14) calendar days of having received the
written grievance, or such meeting, whichever is later, submit a response thereto in
writing to the grievant and the grievant’ s representative, if any.
ii) STEP 2: If the response to the first level of review does not result in a resolution of the
grievance, the grievant may appeal by signing and completing the form and presenting
it to the Battalion Chief as designated by the Fire Chief, within seven (7) calendar days
of the grievant’ s, or representative's receipt of the Step 1 response. Either party may
request that a meeting be held concerning the grievance or may mutually agree that no
meeting be held. Within seven (7) calendar days of having received the appeal, or the
meeting, whichever is later, the Battalion Chief, as designated by the Fire Chief, shall
submit a response to the grievant and the grievant’ s representative, if any.
iii) STEP 3: If the response of the second-level review does not result in a resolution of the
grievance, the grievant may appeal by signing and completing the form and presenting
it to the Fire Chief within seven (7) calendar days of the grievant’ s receipt of Step 2
response. Either party may request that a meeting be held concerning the grievance or
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may mutually agree that no meeting be held. Within twenty-one (21) calendar days of
having received the written grievance, or the meeting whichever is later, the Fire Chief
shall submit a response to the grievant and the grievant’ s representative, if any.
iv) STEP 4: If the response of the third level of review does not result in a resolution of
the grievance, the grievant and the Association may submit the grievance to a
Grievance Committee for a review and recommendation within seven (7) calendar days
of the receipt of the Step 3 response. The Grievance Committee shall include two
representatives of the City Manager and two representatives of the Association. These
four individuals will review the grievance and make a recommendation for resolution
of the grievance, within fourteen (14) calendar days of having received the appeal. If a
resolution does not resolve the grievance, and if both parties agree, Step 5 may be
skipped and the grievance may be submitted to the City Manager for resolution.
v) STEP 5: If the response of the fourth level of review does not result in a resolution of
the grievance, the grievant and the Association may jointly invoke the Step 5
procedures. Department management and the grievant, or their designated
representatives, shall agree on an arbitrator, and if they are unable to agree on an
arbitrator within a reasonable time, either party may request the Federal Mediation and
Conciliation Service to submit them a list of seven arbitrators who have experience in
the public sector. The parties shall, within seven (7) calendar days of receipt of the said
list, select the arbitrator by striking names from the said list until one name remains.
Such person shall then become an arbitrator. The arbitrator so selected shall hold a
hearing as expeditiously as possible at a time and place convenient to the parties, and
shall be bound by the following:
(1) The arbitrator shall neither add, detract nor modify the language of the
Memorandum or departmental rules and regulations in considering issues properly
before him or her.
(2) The arbitrator shall expressly confine himself or herself to the precise issues
submitted to him or her and shall have no authority to consider any other issue not
submitted to him or her.
(3) Applicable federal, state, and City law shall bind the arbitrator.
(4) The arbitrator shall, within thirty (30) days from the close of the arbitration hearing,
submit a recommendation to both parties.
(5) The cost of the arbitrator and any other mutual incurred costs shall be borne equally by
the parties.
vi) STEP 6: If Step 5 does no resolve the grievance, either party may submit the grievance to
the City Manager. The City Manager may accept, modify, or reject the arbitrator's
recommendation and shall submit his or her decision in writing to the grievant and his or
her designated representative within twenty (20) calendar days of receipt of the written
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arbitrator's recommendation.
vii) TIME LIMITS: Failure of the departmental representatives to comply with time limits
specified in Step 1 and 2 shall entitle the grievant to appeal to the next level of review.
Failure of the grievant to comply with the said time limit shall constitute abandonment of
the grievance. However, the parties may extend time limits by mutual written agreement in
advance.
ARTICLE 17: PROHIBITION OF STRIKES AND LOCKOUTS
The Association pledges to maintain unimpaired firefighting and related support services as directed
by the Fire Chief. It shall not cause, condone, counsel, or permit its Members, or personnel, or any of
them, to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede, or otherwise
impair the normal functions and procedures of the department.
ARTICLE 18: FISCAL CRISIS
1) The parties to this agreement acknowledge that in the event of a fiscal crisis, the City may request
the Member organization to modify this Memorandum of Understanding for the purpose of
including alternatives to temporary reductions in force or the permanent elimination of position in
the City employment.
2) The term fiscal crisis shall include, but shall not be limited to, a loss of state revenues, reduction
in City sales tax revenues, failure of votes to approve expenditure limitations, expenditures limits
imposed on the City by the State Legislature or courts after the effective date of this MOU, a
monetary judgment against the City that exceeds or is not covered by the City's insurance
coverage, or emergency increase in expenditures not included in the regular City budget.
3) The City shall provide the Association with a request to re-open the Memorandum specifying the
specific actions requested. The Association shall have ten (10) days to accept or reject the request.
If the Association accepts the request, the process shall be in a manner as close as practicable to
the Meet and Confer process. If the Association rejects the request, the City may take any actions
legally permitted under federal, state, and City law.
ARTICLE 19: SAVING CLAUSE
1) If any Article or Section of this Memorandum should be held invalid by operation of law or by
final judgment of any tribunal or competent jurisdiction, or if compliance with or enforcement of
any Article or section should be restrained by such tribunal, the remainder of this Memorandum
shall not be affected thereby. Upon issuance of such final decree, the parties, upon request of
either of them, shall meet and confer to endeavor to agree on a substitute provision, or that such a
substitute provision is not indicated.
2) It is recognized by the parties that the provisions of the Fair Labor Standards Act are currently
applicable to certain wages and premium pay provisions of this MOU, and that this MOU shall be
administered in compliance with the FLSA for so long as the act is applicable.
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3) It is understood by both parties that the benefits provided by this MOU in Articles pertaining to
Association Rights, Employee Rights, Grievance Procedure and Articles constituting labor
management join endeavors conducted under this MOU, shall not be interpreted as requiring the
employer to count as time worked any hours of fractions thereof spent outside the Member's work
shift in pursuit of such benefit. The employer shall count as time worked any hours or fractions
thereof spent within the employee's regular work shift in pursuit of such benefit.
ARTICLE 20: TERM AND EFFECT
1) This Memorandum of Understanding, as amended, shall be effective as of 1st day of July, 2020 and
shall remain in full force and effect to include all pay and benefits until the 30th day of June 2024,
or until such time as it is superseded by a new Memorandum of Understanding between the
parties, whichever occurs later.
2) The City shall not be required to meet and confer concerning any other matters, covered or not
covered herein, during the terms of this Memorandum of Understanding.
3) This Memorandum constitutes the total and entire agreement between the parties and no verbal
statement supersedes any of its provisions.
4) This Memorandum shall only be amended in writing signed by both parties and approved by the
City Council.
IN WITNESS WHEREOF, the parties have set their hand this
day of _____, 2020.
CITY OF EL MIRAGE:
EL MIRAGE FIRE FIGHTERS ASSOCIATION:
__________________________________
__________________________________
BY: J. Crystal Dyches, City Manager
BY: Darrell Tirpak, Association VP
APPROVED AS TO FORM:
Justin Pierce, City Attorney
Witness
ATTEST:
Sharon Antes, City Clerk
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APPENDIX A: WAGES
1) Implementation of a Step Program: (based on 3003 hours), as follows:
Firefighter
RECRUIT
$15.71
STEP 1
$16.50
STEP 2
$17.33
STEP 3
$18.19
STEP 4
$19.10
STEP 5
$20.06
STEP 6
$21.06
Engineer
STEP 1
$23.16
STEP 2
$24.32
Captain
STEP 1
$26.76
STEP 2
$28.09
STEP 3
$29.50
STEP 4
$30.97
Notes: MOU Employees regularly assigned to a 40-hour schedule will have the rate multiplied times 1.4.
Recruit: Assigned to work 40 hour schedule (rate of pay from date of hire through successful completion of Fire Academy).
2) Implementation of Step Plan: The goal is to move all employees to the step that corresponds to the
years in the position over the four year contract. Employees will receive an increase up to seven
percent (7%) annually until the employees’ step and time in the position aligns. Once the employee
reaches the appropriate step, future increases will be five percent (5%) until the top of the range is
met or the agreement expires. During the transition, employees’ salaries may not align with an
identified step.