Exhibit A - R24-04-08 - Fire MOU

City of El Mirage — Regular Meeting (2024-04-02)

Extracted text (via pymupdf) 60866 characters

EXHIBIT “A”

MEMORANDUM OF UNDERSTANDING

JULY 1, 2024 – JUNE 30, 2026

THE 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. O00-01-04.

DEFINITIONS ........................................................................................................................................................ 3
ARTICLE 1: MEMBERSHIP ................................................................................................................................. 4
ARTICLE 2: CONTRACTUAL RIGHTS OF THE PARTIES .............................................................................. 4
ARTICLE 3: WAGES ............................................................................................................................................ 8
ARTICLE 4: HOURS OF WORK ......................................................................................................................... 9
ARTICLE 5: SHIFT TRADES ............................................................................................................................... 9
ARTICLE 6: HOLIDAY BENEFITS ................................................................................................................... 10
ARTICLE 7: LIFE INSURANCE ........................................................................................................................ 11
ARTICLE 8: HEALTH AND DENTAL INSURANCE ....................................................................................... 11
ARTICLE 9: TUITION REIMBURSEMENT ..................................................................................................... 11
ARTICLE 10: UNIFORM ALLOWANCE ......................................................................................................... 12
ARTICLE 11: OVERTIME ................................................................................................................................. 13
ARTICLE 12: WORKING OUT OF CLASS ....................................................................................................... 13
ARTICLE 13: PAID AND UNPAID LEAVE ..................................................................................................... 14
ARTICLE 14: STAFFING ................................................................................................................................... 19
ARTICLE 15: HEALTH AND SAFETY COMMITTEE .................................................................................... 19
ARTICLE 16: GRIEVANCE PROCEDURES .................................................................................................... 19
ARTICLE 17: PROHIBITION OF STRIKES AND LOCKOUTS ..................................................................... 22
ARTICLE 18: FISCAL CRISIS ............................................................................................................................ 22
ARTICLE 19: SAVING CLAUSE....................................................................................................................... 22
ARTICLE 20: TERM AND EFFECT .................................................................................................................. 23

DEFINITIONS

For the purpose of this Memorandum of Understanding, the following definitions will apply:

Association
The El Mirage Firefighters Association is under the authority of the City of El
Mirage Ordinance No. O00-01-04.

Association Officer or
Representative
Vice President or designee (Trustee).
Base Rate of Pay
The hourly rate of pay excludes applicable paramedic or bilingual pay.

City

City of El Mirage, Arizona
City Manager
City Manager or designee.

Commencement Date

The date this MOU becomes effective, i.e., July 1, 2024.
Days
All references to days in § 30.07 MEET AND CONFER shall mean business
days in which administrative offices in City Hall are open for business.

Department
Representative

A non-MOU member of the Fire Department (Fire Chief or designee).

Member or Employee City of El Mirage employees who hold positions covered by this MOU,
Firefighters, Fire Engineers, and Fire Captains; see Article 1 (Membership).

Regular Rate of Pay
The regular rate of pay is determined by adding applicable paramedic
assignment pay, bilingual pay, and the base rate as outlined in Article 3:
Wages”.

Shift Representative
A representative designated by the Association Representation (Trustee).

Retirement
When applicable, a separation of service from the City of El Mirage and the
employee meets the requirements for a retirement benefit from the Public
Safety Personnel Retirement System (PSPRS) or Arizona State Retirement
System (ASRS).

ARTICLE 1: MEMBERSHIP

In addition, the term "employee" or “member” in the singular or plural form shall mean employees of the
City of El Mirage, which this M.O.U specifically covers. Members shall include all full-time Firefighters
up to 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. O00-01-04.

b) Association officers or representatives shall be authorized up to a maximum combined total of two
hundred forty (240) hours of release time per year. Individuals shall be permitted to utilize up to
eighty (80) hours of release time per year. Unused release time will not carry over to the following
year. Release time will not be used for outside organizing.

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. The Fire Chief shall not be obligated to
change or adjust regular departmental scheduling or personnel assignments because of such
designation.

ii) A shift representative may, when the Association is designated in writing by a grievant as his
or her representative, attend mutually scheduled Memorandum of Understanding (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 must obtain permission from 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 to investigate a formal grievance must first gain
permission from the work area supervisor. Considering the department's essential work and the
shift representative's occupational safety, this permission will not be unreasonably withheld.

iv) The Association shall select four (4) officers/members of the Association who, with the Fire
Chief’s approval, 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 for approval at least eight (8) calendar days before departure or with
as much advance notice as possible.

v) 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 off shift.

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 only Association printed material will be placed on
any City bulletin board with 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) Association officers shall not be placed at the bottom of the overtime or callback list when doing
Association business.

i) 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.

ii) 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
immediately return to duty.

iii) 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 that the Association officer
or member is 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.

iv) 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 members covered under this MOU 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. The Association shall bear any usual cost
incurred by the City in connection with this section. Further, the Association may designate not

more than three (3) persons authorized to examine the documents provided. Such persons need not
be employees of the City or Association but include accountants, time study experts, or others hired
by the Association for 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 concerning 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 the regular 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-
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. O00-01-04.

d) In areas not expressly covered or addressed under this Memorandum of Understanding, the City of
El Mirage Employee Policy Manual, Administrative policies, and Fire Department policies and
procedures will apply. The City Manager or designee shall have the sole authority to determine if
any conflict exists in interpreting 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 always promoting and advancing the welfare
of the City and the protection of its service to the public.

f) The Association and City mutually agree through the labor/management process to cooperate in
achieving increased productivity for the mutual benefit of all concerned through better utilization
of equipment, workforce, and work methods.

3) Contractual Member Rights

a) All members shall have the contractual right to have the Association serve as their "meet and
confer" representative as outlined in Ordinance No. O00-01-04, 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 grievances in person.

d) Any member covered hereunder or his or her representative designated in written form, signed by
the member, shall be permitted to examine his or her personnel file upon request and by
appointment.

e) No member shall have any adverse comments entered in his or her personnel file without being
informed by a supervisor. If the member requests, he or she may receive a copy of the adverse
statement.

f) Within thirty (30) days of notification of the entrance of the adverse comment into his or her
personnel file, the member may, at his discretion, attach a statement of rebuttal to any adverse
material contained in his or her personnel file.

g) Disciplinary letters of demotion, suspension, and termination are filed in the employee’s personnel
file. One year after an employee has received a suspension, the member may submit a memorandum
to the Fire Chief requesting that the suspension letter be removed from the employee’s personnel
file. If the employee has not committed any further infractions of work rules or policy violations in
the preceding year, the Chief will consider the request from the date of the letter. When approved,
the Chief will notify the Human Resources Department to purge the letter from the employee’s
personnel file. When a request is denied, no further requests will be accepted for a period of one
year from the date of denial. Letters of demotion or termination shall not be removed from the
personnel file. The Fire Chief will not consider removal for disciplinary letters that involve:

i) Abusive or threatening attitude, language, or conduct towards fellow employees or citizens.
ii) Falsification of documents or records.
iii) Theft.
iv) Alcohol or illegal drug use on the job.

v) Violation of the City’s harassment or discrimination policies.
vi) City ethics policy violations.
vii) Dishonesty, or
viii) Any felony.

ARTICLE 3: WAGES

1) The Step Pay Plan, as set forth, is designed to increase members’ pay through the Step Pay Plan
incrementally. (Reference Appendix A).

2) The City will apply a cost-of-living adjustment (COLA) to the step pay plan (reference Appendix A)
in the second year of the agreement (fiscal year 2025-2026) that is consistent with the COLA applied
to the Classification and Compensation structure for non-MOU employees.

3) Current members who have been in their position with the City for one year or longer, as of the first
pay period of the fiscal year 2024-2025, will be eligible for a one-step increase on or about July 1,
2024. (Increases are effective and will appear in paychecks beginning the first pay date in July 2024).

4) Members hired on or after July 1, 2024, will be eligible for a one-step increase in the pay period
following one year in their position.

5) The same format for 3) and 4) above shall be implemented on or about July 1, 2025.

6) Members who have reached the maximum step on their assigned pay plan will not be eligible for
additional step increases.

7) Members promoted to a higher job classification will be placed at Step 1 of the new job classification’s
pay plan.

8) Members regularly assigned to a forty (40) hour work week will have their regular rate of pay
multiplied by 1.48.

9) Members assigned as paramedics shall receive their regular rate of pay plus $3.25 per hour for
paramedic assignment.

10) Members who demonstrate proficiency in a second language and routinely provide translation from
another language to English, including American Sign Language, shall be eligible to receive bilingual
pay, paid at $0.75 per hour. To receive bilingual pay, members must pass the City’s designated
language proficiency test. A member cannot obtain more than one adjustment of $0.75 per hour,
regardless of the number of languages or sign language in which the member becomes proficient.

11) 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. Members are automatically enrolled in a 457-defined contribution plan designated by the City.
Members must contact the Plan Administrator for account setup and menu options.

12) The City of El Mirage agrees to participate in the Post Employment Health Plan (PEHP) for members
following 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
under the Plan and Trust documents. For the term of the Agreement, the City shall contribute for each
eligible employee the amount of $100 per pay period.

13) Members called back to work after leaving City facilities upon completion of their regular shift shall
receive a minimum of two (2) hours of pay at their 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.

2) 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 for
the safety of the personnel, operational necessity, or in an emergency.

3) The Fire Chief may determine that an operational need exists to assign an employee to a forty (40)
hour work schedule.

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 following departmental policies. All shift changes
are subject to the approval of the Fire Chief or his designee and shall conform 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 when calculating 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

ARTICLE 6: HOLIDAY BENEFITS

1) Holidays Observed

New Year’s Day
January 1
Martin Luther King, Jr.'s Birthday
Third Monday in January
Presidents Day
Third Monday in February
Memorial Day
Last Monday in May
Independence 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 workday.
Whenever a holiday falls on a Sunday, it shall be observed on the following Monday.

2) Members regularly assigned to a forty-hour (40) work schedule will be entitled to the holidays listed
in Paragraph 1 above, with ten (10) hours of leave for each holiday.

3) Holiday pay will be paid at the employee's current regular rate of pay for the work period.

4) Members regularly assigned to a 48/96 schedule will, in place 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 (10) holidays listed in Paragraph 1 above. Holiday Pay hours will not be counted as hours
worked to calculate overtime.

5) Holiday pay will be paid in the paycheck for the work period it occurs in. Holiday pay will be
determined by multiplying the number of holiday hours by a factor of 1.5 hours. The holiday hours
determined by this calculation will then be paid at the member's current regular rate of pay for the work
period.

a) Example: Holiday pay for Thanksgiving and Thanksgiving Recess (the day after Thanksgiving) is
calculated as 2 holidays multiplied by 10 hours each, multiplied by a factor of 1.5, which equals 30
holiday hours. (2 x 10 x 1.5 = 30). The 30 holiday hours will then be paid at the member's regular
rate of pay for the pay period.

6) Service Award Leave – Personal Hours

Members regularly assigned to a 40-hour, or 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 in the
amount of one time the 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 eighty-seven (3087) 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 Consolidated Omnibus Budget Reconciliation Act
(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 REIMBURSEMENT

1) The City agrees to assist employees in pursuing additional training and higher education in core courses
or job-related electives in a degree program related to the employee’s current position or reasonably
anticipated to benefit the employee in a City career path.

2) In-person and online courses must be from a fully accredited college, university, or approved
technical/trade/business school.

3) Employees will not be eligible for tuition reimbursement during their initial probationary period.

4) An employee requesting reimbursement under the tuition reimbursement policy must complete the
required application and include proof that the coursework is a core course or job-related elective in a
degree program either related to the employee’s current position or reasonably anticipated to benefit
the employee in a City career path and receive approval from authorizing approvers, as designated on
the City’s form. The Human Resources Department must certify the availability of funds within the
budget. The Human Resources Director may reject any request that does not meet the requirements
described in this policy if there is no availability of funds or if the City Manager determines approval
would cause a financial hardship for the City.

5) Reimbursement will be at 100% of the tuition charged per credit hour up to the tax-exempt IRS calendar

year limit, pending sufficient availability of city funds. The City follows IRS guidelines regarding the
limit of tax-free educational assistance. Any assistance above certain limits must be taxable.

6) Tuition reimbursement is not available more than one time for the same course.

7) The calendar year in which the reimbursement is paid to the employee shall determine the calendar
year in which the tuition reimbursement amount will be counted. For example, if a course is taught
from October to December and the reimbursement is paid the following January. In that case, the course
reimbursement amount must be counted toward January’s calendar year limit.

8) Reimbursement paperwork shall be submitted within 60 days after course completion. The City
Manager must approve any exception to this deadline.

9) Proof of each course passed and presentation of receipt for tuition costs is required. For undergraduate
classes, proof of each course passed with a "C" grade or higher or equivalent, where letter grades are
not used. For graduate level classes or higher, proof of each course passed with a "B" grade or higher.

10) Employees shall be eligible for reimbursement of required expenses such as tuition, books, registration,
and course fees.

11) Any financial assistance the employee receives from outside sources shall reduce the reimbursement
amount. When applying for tuition reimbursement, the employee shall notify the Human Resources
Department of any financial assistance from an outside source.

12) The courses must be taken on an employee's time and be personally paid for by the employee.

13) Any employee who resigns before completion of a course or is discharged will automatically terminate
their eligibility for reimbursement.

ARTICLE 10: UNIFORM ALLOWANCE

1) Before starting the Regional Fire Academy, the Fire Department will provide all initial academy
uniforms designated by the Fire Chief, including the dress uniform needed for graduation. Upon
successful completion (graduation) of the Regional Fire Academy, the individual will receive a
payment of $600. This will allow the individual to purchase necessary regular-duty uniforms. The
individual will then receive their next reimbursement in conjunction with all other members, regardless
of proximity to the initial reimbursement.

2) Members will be entitled to reimbursement for authorized original issue or maintenance of uniforms
up to one thousand two hundred ($1,200) dollars per fiscal year, with no carryover to the next fiscal
year.

3) Both parties agree that the allowance shall be structured to exempt 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 members must be employed on
each date above to receive the payment. The EMFFA agrees to provide documentation substantiating

that the annual uniform and duty clothing maintenance cost 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 $1,200 annually for an MOU employee employed for an entire fiscal year.

ARTICLE 11: OVERTIME

1) Overtime will be paid following the Fair Labor Standards Act (FLSA) regulations. Personnel classified
as exempt under the FLSA are not eligible for overtime. Overtime shall be worked and 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 employee’s regular rate of pay for all hours
worked more than 53 hours in a 7-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 employee’s regular rate of pay
for all hours worked more than forty (40) hours in a seven (7) day work period.

2) Except as otherwise provided in Article 13: Paid and Unpaid Leave, hours worked shall include
vacation, bereavement, association release time, administrative leave with pay, service leave,
recognition leave, and/or any other comparable leave hours (excluding sick leave) during which the
employee 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 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 another MOU position shall be paid an additional five percent (5%) for
each position upgrade when “working out of class.”

ARTICLE 13: PAID AND UNPAID LEAVE

All leaves of absence shall be granted following federal and state law and the City of El Mirage Employee
Policies and Procedures.

1) Vacation Leave

a) Members hired on or after January 1, 2004, and regularly assigned to a 48/96 shift schedule or a
40-hour schedule will earn vacation leave as outlined in the following schedule.

Vacation Accrual Schedule
Years of Service
Accrual rate per pay period
Less than 2 years
4.62 hours
2 but less than 5 years
5.54 hours
5 but less than 10 years
6.92 hours
10 or more years
9.23 hours

i) Members begin to accrue vacation at the time of hire.

ii) Use of leave must be rounded to the nearest quarter hour.

iii) Members' maximum accrual of vacation hours is five hundred seventy-six (576) hours.

iv) 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. In the first twelve months of employment, members are ineligible to receive a
payout for vacation leave.

b) Members hired on or before December 31, 2003, shall accrue vacation leave at the rate of 6.16
hours per pay period. The maximum accrual of vacation hours is three hundred twenty (320).

i) 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.

ii) 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.

iii) A member's vacation leave balance at the time of termination will not be paid at a 3-to-1 rate.

2) Vacation Leave Payout

a) Eligible employees are permitted on a voluntary basis to exchange up to the lesser of their current
vacation leave bank or their annual vacation accrual hours for compensation at their regular rate of

pay. Employees in the first twelve months of employment are ineligible to receive vacation leave
payout. Members will be required to make an irrevocable election on the designated form to the
Human Resources Department by December 31st in the year before the year the payout will be
paid. Employees may use or cash out their vacation leave payout during the calendar year, before
the second paycheck in December. Any unused balance will automatically be paid out on the
second paycheck in December. The Human Resources and Finance Departments will implement
processes and procedures to ensure that the program complies with constructive receipt.

3) Sick Leave

a) Members hired on or after January 1, 2004, and regularly assigned to a 48/96 or 40-hour schedule
will earn sick leave at the rate of 5.54 hours per pay period (equivalent to 6 shifts per year) with no
maximum accrual limit.

i) Members begin to accrue sick leave at the time of hire.

ii) Use of leave must be rounded to the nearest quarter hour.

iii) Sick leave shall be deducted from a Member's accrued sick leave on an hour-for-hour (1-for-1)
basis.

b) Members hired on or before December 31, 2003, shall be entitled to paid sick leave. Members will
accrue sick leave at the rate of 3.7 hours per pay period with no 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.

4) 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 for 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 for 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 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 before 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, the regular hourly rate includes any additional compensation added to
the base hourly rate.

5) FMLA

a) It is the policy of the City to fully comply with the Family and Medical Leave Act (FMLA)
requirements.

6) Industrial Injury

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 following the State of Arizona workers’ compensation statutes.

b) Employees who are injured on the job will receive industrial injury leave (salary continuance) when
the health care provider renders the employee unable to perform the essential functions of his or
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 the workers’ compensation administrator denies a claim, the employee will be
charged leave time or shall pay back the amount owed. An employee’s income from the City while
receiving salary continuance must not exceed the employee’s regular bi-weekly gross salary.

i) Industrial injury leave may be utilized, as outlined in paragraph b, while the industrial injury
claim is under review by the City’s workers’ compensation administrator and once the claim is
approved. Sick, vacation, compensatory, or any other paid leave will not be charged. If the
claim is denied, the employee’s paid leave will be deducted for the time recorded as an
industrial injury while the claim was under review, or the employee may pay back the amount
due.

c) 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 the employee receives a
temporary disability check (workers’ compensation wages) from the City’s workers’ compensation
administrator, the employee must endorse the check back to the City.

d) Family and Medical Leave (FML) will run concurrently with Industrial Leave

7) Light Duty Assignments

a) The City may, at its sole discretion, provide light duty 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, for on or off-duty injuries or illnesses.

b) Hours worked on light duty will count as hours worked for purposes of achieving the Fair Labor
Standards Act (FLSA) 7-day work period overtime.

c) Light duty assignments (for off-duty injuries/illness) will not exceed sixty (60) calendar days unless

doing 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.

8) Association members are ineligible for Holiday Closure leave. An increase to the City’s contribution
to the Post Employment Health Plan to $100 per pay period (from $35) was provided in exchange for
holiday closure leave.

9) Bereavement Leave

a) Bereavement leave is available to any member to attend to family needs that arise in connection
with the death of 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 like any of the above relationships, including any
person who has been a parent substitute to the member.

b) Vacation or compensatory time may be requested for family members not considered immediate
family.

c) Bereavement leave will be permitted in the following amounts:

i) Members regularly assigned to a forty (40) hour schedule may utilize up to forty hours (40)
hour of bereavement leave for the death of an immediate family member.

ii) Members regularly assigned to a 48/96 schedule may utilize up to sixty hours (60) hours of
bereavement leave 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 an employee’s total hours worked for a work period to 72
hours when scheduled to work three twenty-four hour shifts in the 7-day work period or 48 hours
when scheduled to work two twenty-four hour shifts in the 7 day work period, or 40 hours when
scheduled to work a 40-hour assignment in the 7 day work period.

10) Limited Use of Accrued Leave as Hours Worked

a) Vacation leave and other leave will be counted as hours worked for purposes of calculating
overtime when an employee missed a regularly scheduled shift(s) but only in an amount needed to
bring an employee’s total hours worked for a work period to 72 hours when scheduled to work
three twenty-four-hour shifts in the 7-day work period or 48 hours when scheduled to work two
twenty-four-hour shifts in the 7-day work period.

b) Sick leave may be used when an employee misses a regularly scheduled shift(s) but only in an
amount needed to bring an employee’s total hours worked for a work period to 72 hours when
scheduled to work three twenty-four-hour shifts in the 7-day work period or 48 hours, when
scheduled to work two twenty-four-hour shifts in the 7-day work period. Sick leave will be paid as

straight time.

c) An employee who has taken time off that would be covered under sick leave may, at the employee’s
option, request the use of vacation time instead of sick leave.

i) Example A: An employee is scheduled to work three twenty-four-hour shifts in the 7-day
work period. The employee takes 24 hours of vacation during a work period and does not work
any additional time other than the employee’s regularly scheduled time. The employee’s hours
worked without the vacation time would be 48 hours. The entire 24 hours of vacation shall be
considered hours worked, so the employee’s total hours worked for the purpose of calculating
overtime for the work period will be 72 hours. This employee would be paid 53 hours at straight
time and 19 hours at time and one-half.

An employee is scheduled to work two twenty-four-hour shifts in the 7-day work period.
The employee takes 24 hours of vacation during the 7-day work period and does not work any
additional time other than the employee’s regularly scheduled time. The employees' hours
worked without vacation time would be 24 hours. The entire 24 hours of vacation shall be
considered hours worked. This employee would be paid 48 hours at straight time and 0 hours
at time and one-half.

ii) Example B: An employee is scheduled to work three twenty-four-hour shifts in the 7-day
work period. An employee takes 24 hours off for vacation but also works 24 extra hours
beyond the employee’s 48 (72 scheduled - 24 vacation) hours worked in the 7-day work period.
Since this employee will have 72 actual hours worked in the work period, no vacation leave
time is needed to bring the total hours worked up to 72 hours. Therefore, none of the 24 hours
of vacation leave will be processed. This employee would be paid 53 hours worked at straight
time, 0 hours vacation, and 19 hours as overtime at time and one half.

An employee is scheduled to work two twenty-four-hour shifts in the 7-day work period.
An employee takes 24 hours off for vacation but also works 24 extra hours beyond the
employee’s 24 (48 scheduled - 24 vacation) hours worked in the 7-day work period. Since this
employee will have 48 actual hours worked in the work period, no vacation leave time is needed
to bring the total hours worked up to 48 hours. Therefore, none of the 24 hours of vacation
leave will be processed. This employee would be paid for 48 hours worked at a straight time, 0
hours vacation, and 0 hours as overtime at time and one half.

iii) Example C: An employee is scheduled to work three twenty-four-hour shifts in the 7-day
pay work period. An employee takes 48 hours of vacation but also works 24 hours outside the
employee’s regularly scheduled time. This employee will have 48 hours of actual hours worked
in the work period. Therefore, 24 hours of vacation hours will be counted as hours worked to
bring the total hours worked for this work period to 72 hours. The remaining 24 hours of
vacation time will not be processed. This employee will have a total of 48 hours worked and
24 hours vacation. 19 hours will be paid at time and one-half and 53 hours paid at straight time.

An employee is scheduled to work two twenty-four-hour shifts in the 7-day work period:
An employee takes 48 hours of vacation but also works 24 hours outside the employee’s

regularly scheduled time. This employee will have 24 hours of actual hours worked in the work
period. Therefore, 24 hours of vacation hours will be counted as hours worked to bring the total
hours worked for this work period to 48 hours. The remaining 24 hours of vacation time will
not be processed. This employee will have a total of 48 hours of actual work. 0 hours will be
paid on time and one half and 48 hours paid at straight time.

iv) Example D: An employee is scheduled to work three twenty-four-hour shifts in the 7-day
work period. An employee becomes ill during the work period and leaves after working only
18 hours. This employee has 54 hours (72-hour work period less 18 hours worked) that qualify
for the use of sick leave. If the employee uses sick leave and does not work any other time
outside the employee’s regular scheduled time, the employee will be paid 72 hours at a straight
time (18 hours worked plus 54 hours of sick leave). However, if the employee requests to charge
vacation leave rather than sick leave for the 54 hours, the employee would be paid 53 hours at
straight time and 19 hours at time and one-half.

An employee is scheduled to work two twenty-four-hour shifts in the 7-day work period.
An employee becomes ill during the work period and leaves after working only 18 hours. This
employee has 30 hours (48-hour work period less 18 hours worked) that qualify for use of sick
leave. If the employee uses sick leave and does not work any other time outside the employee’s
regularly scheduled time, the employee will be paid 48 hours at a straight time (18 hours worked
plus 30 hours of sick leave). If the employee requests to charge vacation leave rather than sick
leave for the 30 hours, the employee would be paid 48 hours at a straight time (18 hours worked
plus 30 hours of sick leave).

ARTICLE 14: STAFFING

The minimum staffing level for the El Mirage Fire Department shall be consistent with the current City of
El Mirage adopted Phoenix Regional Dispatch Consortium staffing requirements.

ARTICLE 15: HEALTH AND SAFETY COMMITTEE

A Fire Department Safety Committee shall establish department policies 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
of this agreement may not be grieved under the agreement's provision.

2) Informal Resolution

a) It is the responsibility of the member who believes he or she has a bona fide complaint concerning
violation of the M.O.U. to promptly inform and discuss it with his or her supervisor to, in good
faith, endeavor to clarify the matter expeditiously and 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 defined herein, the member may file a formal grievance
following the procedures set forth below.

3) Definition of Grievance
a) A "grievance" is a written allegation by an Employee, submitted promptly following 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 merely a specific application of this Memorandum to one or more employees.

4) Procedures

a) Unit grievances shall skip Steps 1 and 2 and 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 submitting 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 to it in writing to the grievant and their 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 receiving 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 their 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 may mutually agree that
no meeting be held. Within twenty-one (21) calendar days of receiving the written grievance or
the meeting, whichever is later, the Fire Chief shall submit a response to the grievant and their
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. The City
Manager and the grievant or their designated representatives shall agree on an arbitrator. 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 a 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 submit a recommendation to both parties within thirty (30) days from
the close of the arbitration hearing.

(5) The cost of the arbitrator and any other mutually incurred costs shall be borne equally by
the City and the El Mirage Firefighters Association.

vi) STEP 6: If Step 5 does not 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 their designated representative
within twenty (20) calendar days of receipt of the written arbitrator's recommendation.

vii) TIME LIMITS: Failure of the departmental representatives to comply with time limits specified
in Steps 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 perform duties fully and faithfully, 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 to include 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.

3) Both parties understand that the benefits provided by this MOU in Articles about 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 the 1st day of July 2024 and
shall remain in full force and effect to include all pay and benefits until the 30th day of June 2026 or
until 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 _____, 2024.

CITY OF EL MIRAGE:

EL MIRAGE FIREFIGHTERS’ ASSOCIATION:

BY: J. Crystal Dyches, City Manager
BY: Jeff Kinkade, Association VP

APPROVED AS TO FORM:

Justin Pierce, City Attorney

Witness

ATTEST:

Sharon Antes, City Clerk

APPENDIX A: WAGES

Firefighter

Pay Step
Hourly Rate
1
$20.16
2
$21.17
3
$22.23
4
$23.34
5
$24.51
6
$25.73
7
$27.02
Fire
Engineer

Pay Step
Hourly Rate
1
$28.91
2
$30.36
3
$31.88
Fire
Captain

Pay Step
Hourly Rate
1
$34.11
2
$35.81
3
$37.60

Notes: MOU Employees regularly assigned to a 40-hour schedule will have the rate multiplied by 1.48.