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TABLE OF CONTENTS
DEFINITIONS................................................................................................................................ 3
ARTICLE1 INTENT AND PURPOSE......................................................................................... 6
ARTICLE2 RECOGNITION.......................................................................................................6 7
ARTICLE3 NON-DISCRIMINATION........................................................................................ 8
ARTICLE 4 MANAGEMENT RIGHTS....................................................................................... 9
ARTICLE 5 MAINTENANCE OF STANDARDS..................................................................... 11
ARTICLE 6 ASSOCIATION BUSINESS LEAVE..................................................................... 12
ARTICLE 7 INTERNAL COMMUNICATIONS.. 14
ARTICLE 8 PAYROLL DEDUCTION....................................................................................... 16
ARTICLE9 WAGES.................................................................................................................. 17
ARTICLE10 OVERTIME........................................................................................................... 20
ARTICLE 11 COMPENSATORY TIME OFF............................................................................ 22
ARTICLE 12 VACATION/HOLIDAY LEAVE......................................................................... 23
ARTICLE 13 WORKING AGREEMENT................................................................................... 26
ARTICLE 14 GROUP HEALTH BENEFITS............................................................................. 28
ARTICLE 15 RETIREE HEALTH BENEFITS........................................................................... 29
ARTICLE16 PENSION............................................................................................................... 30
ARTICLE17 STAFFING STANDARDS.................................................................................... 31
ARTICLE 18 PROCEDURE FOR FILLING AND PROBATIONARY PERIOD FOR
BEGINNING POSITIONS IN THE FORT WORTH FIRE DEPARTMENT ........................ 32
ARTICLE 19 PROMOTIONS. 37
ARTICLE 20 SECONDARY EMPLOYMENT.......................................................................... 39
ARTICLE 21 DISCIPLINARY PROCEDURES......................................................................... 40
ARTICLE22 GRIEVANCES...................................................................................................... 42
ARTICLE23 PERSONNEL FILE............................................................................................... 45
ARTICLE 24 MISCELLANEOUS.............................................................................................. 46
ARTICLE25 CHAPLAIN PROGRAM....................................................................................... 47
ARTICLE26 HEALTH AND SAFETY...................................................................................... 48
ARTICLE27 NOTICE................................................................................................................. 49
ARTICLE 28 SUCCESSORS AND ASSIGNS........................................................................... 50
ARTICLE 29 SAVINGS CLAUSE & AMENDMENTS............................................................ 51
ARTICLE 30 DURATION AND TERMINATION.................................................................... 52
APPENDIXA............................................................................................................................... 54
APPENDIXB............................................................................................................................... 59
APPENDIXC............................................................................................................................... 63
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DEFINITIONS
"Agreement" refers to this collective bargaining agreement between the City of Fort Worth and
the Fort Worth Professional Firefighters Association, IAFF Local 440.
"Anniversary Date" means the civil service date of commission as a fire fighter until he or she is
promoted, at which time the Anniversary Date becomes the promotion (or demotion) date; e.g.
when a fire fighter is promoted to engineer, lieutenant, etc. the date of promotion as specified on
the HR personnel action request form becomes the anniversary date.
"Association" means the Fort Worth Professional Firefighters Association, IAFF Local 440, its
officers and agents authorized to act on its behalf.
"Backfill" means to fill a temporary staffing vacancy with either vacation relief personnel or
with overtime.
"Bargaining Unit" means all full time, permanent, paid members of the Fort Worth Fire
Department who were hired in substantial compliance with TLGC Chapter 143, or as modified
by the provisions of this agreement. This definition excludes the Chief, non -certified employees,
retirees and fire fighter trainees.
"Base Pay" means a fire fighter's base salary (at step level) exclusive of any additional special
pays.
"Business Day" means Monday through Friday during normal business hours of 8:00 a.m. to
5*00 p.m. and shall not include any day when City Hall is not opened to the public for business.
"Calendar Day" means each day inclusive of weekends, and holidays.
"City" means the City of Fort Worth, Texas, acting by and through its authorized agents.
"City Manager" means the City Manager of the City of Fort Worth.
"Company" means a department apparatus and crew used to respond to emergencies in a first
responder's roles.
"Commission" means the Fire Fighters and Police Officers Civil Service Commission of the City
of Fort Worth.
"Commission Date" or "Date of Commission" means the date a person takes the oath of service
in the Department.
"Date of Hire" or "Hire Date" means the date a Fire fighter Trainee first attends Department
orientation and training.
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"Fire fighter" means any full time, permanent, paid member of the Fort Worth Fire Department
who was hired in substantial compliance with TLGC Chapter 143 or as modified by the
provisions of this Agreement. This definition excludes the Chief, non -certified employees,
retirees and Fire fighter trainees.
"Executive Board of Directors" means the members of the Association who are duly elected or
appointed and serve as members of the Executive Board of Directors of the organization
pursuant to its constitution and by-laws.
"Fire Department" or "Department" means the City of Fort Worth Fire Department.
"Fire Chief' or "Chief' means the Fire Chief of the Fort Worth Fire Department. The term is
synonymous with the term "department head" as used in the Local Government Code Chapter
143.
"Fire Chief' or "Chief s designee" means the Chief or the individual he or she designates to act
on his or her behalf
"Fire fighter Trainee" means an applicant who has been certified and accepted for employment
by the City for the sole purpose of attending the Department's training academy. A Fire fighter
Trainee shall be required to attend and successfully complete the Fire Department's training
academy requirements prior to becoming a Fire fighter.
"Formal Administrative Investigation" means an investigation initiated or conducted by the Fire
Chief or officers specifically assigned to the investigation.
"Hours Worked" means all the time an employee is required to be on duty, on the employer's
premises or at a prescribed work -place. Fire fighters in Suppression shall have a maximum work
hours standard of 212 hours in a 2&day cycle.
"Local Government Code Ch. 143" or "Chapter 143" means those portions of the Fire Fighter
and Police Officer Civil Service Act, Texas Local Government Code Chapter 143 which are
applicable to the City.
"Local Government Code Ch. 174" or "Chapter 174" means the Fire and Police Employee
Relations Act, Texas Local Government Code Chapter 174.
"Party" or "Parties" means the City of Fort Worth or the Fort Worth Professional Firefighters
Association, IAFF Local 440, or both when used collectively.
"Personnel Rules and Regulations" or "PRR" means the City's written policies, as authorized
under Chapter 2 of the Code of the City of Fort Worth, Article V, entitled "Human Resources,"
by Ordinance No. 11921, effective February 1, 1999, as amended from time to time.
"Preempt" shall have the same meaning as supersede.
"Preliminary Investigation" means meetings, interviews, questions, and/or discussions on topics
that could lead to a Formal Administrative Investigation, but conducted by officers in a fire
fighter's chain of command.
"Regular Rate" shall have the meaning established by the Fair Labor Standards Act, 29 USCA §
201 et seq. It is the intent of the parties to lock in for the term of this Agreement the current
formula, value and overtime calculation for the duration of this Agreement, to the maximum
extent permitted by Federal and State law.
"Seniority" means time from the date of commission as a Fort Worth Fire fighter.
"Seniority in Rank" means time in the current rank, in accordance with Chapter 143.
"Shift" means a 24 hour shift in the Operations Division from 8:00 a.m. to 8:00 a.m., unless
otherwise specified.
"Supersede" means to the extent that any provision of this Article conflicts with or changes
Chapter 143 or any other statute, executive order, local ordinance, or rule adopted by the City
including a personnel board, or Civil Service Commission, this Agreement shall apply or control
instead of such provisions, as authorized by Section 174.006 of the TLGC.
"Staff Fire fighter" or "Staff Personnel" means a fire fighter assigned to a 40-hour work week.
"Staff Position" means a position not eligible for the FLSA 7K exemption.
"Stanine" means nine evenly distributed groups of candidates who pass an exam.
"Suppression Fire fighter" or "Suppression Personnel" means a fire fighter assigned to a 56-hour
workweek.
"TLGC" means Texas Local Government Code.
ARTICLE 1
INTENT AND PURPOSE
This Agreement is entered into by the City of Fort Worth, Texas hereinafter referred to as the
"City" and the Fort Worth Professional Firefighters Association, IAFF Local 440 hereinafter
referred to as the "Association." It is the intent and purpose of this Agreement to achieve and
maintain harmonious relations between the Parties, and to establish benefits, rates of pay, hours
of work, and other terms and conditions of employment for all Bargaining Unit Members and to
provide for the equitable and orderly adjustments of grievances that may arise during the term of
this Agreement.
ARTICLE 2
RECOGNITION
The City recognizes the Fort Worth Professional Firefighters Association, IAFF Local 440, as
the sole and exclusive bargaining agent for all fire fighters as that term is defined in this
Agreement.
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ARTICLE 3
NON-DISCRIMINATION
Section I. Non -Interference with Protected Ribhts.
Neither party shall discriminate against any fire fighter or fire fighter trainee on the basis of
membership or non -membership in the Association. Furthermore, the City shall not discriminate
against an Association member for carrying out the duties of the Association.
Section 2. Duty of Fair Representation.
The Parties acknowledge and recognize the Association's responsibility, as the exclusive
representative under Chapter 174, TLGC, to fairly represent all fire fighters, in the negotiation,
administration and enforcement of this Agreement. Nothing in this Agreement will be construed
to impose on the Association any obligations to non-members of the Association greater than
those imposed by law.
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ARTICLE 4
MANAGEMENT RIGHTS
The Association recognizes that the management of the City and the direction of the Department
are vested exclusively in the City, subject to applicable State and Federal laws and the terms of
this Agreement. In exercising its management rights, the City acknowledges the importance of
continuously providing quality fire protection and safety for its citizens.
These Management Rights include and give the City the ability to:
A. Direct the work of its employees to include the scheduling of overtime work.
B. Determine the number of classified positions in each rank in accordance to Section 143.021.
C. Hire, promote, demote, transfer, assign, and retain employees in positions within the City,
subject to Civil Service regulations and/or terms of this Agreement.
D. Reprimand, suspend, discharge or terminate employees, subject to Civil Service regulations
and/or the terms of this Agreement.
E. Maintain the efficiency of governmental operations.
F. Relieve employees from duties due to lack of work, subject to Civil Service regulations
and/or the terms of this Agreement.
G. Utilize the Department in emergency situations to protect life and property.
H. Determine the methods, processes, means, personnel, and staffing levels (subject to any
specific provisions of this Agreement) by which operations are to be carried out.
I. Determine personnel assignments, subject to the remaining specific provisions of this
agreement.
J. Use civilians in the Department to perform duties which do not presently have certified
personnel in place except as specifically stated and do not require a sworn certified fire
fighter. In this regard, the City is authorized to use civilians for the following positions or
units:
1. Fiscal Management
2. Personnel Support (administrative staff)
3. Clerical Support
4. Delivery (supply)
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5. Fire Services/Vehicle and Equipment Maintenance (Provided that existing certified
positions shall be maintained)
6. Industrial Sewing Technicians (Protective Clothing Repair)
7. Supply and Warehousing (Provided that existing certified positions shall be maintained)
8. Purchasing
9. Fire Photography
10. Fire Protection Engineers
11. Fire Protection Specialists
12. Revenue collection and Billing
13. Information Technology and Systems including CAD Administrator
14. Office of Emergency Management
K. Except as otherwise specifically provided in this Agreement, the City, acting through the City
Manager and the Chief, shall retain all rights and authority which by law it is their responsibility
to enforce.
L. The City is in the process of implementing a new human resources system for managing
employee performance, hours, payroll, attendance, etc. known as the Enterprise Resource
Planning ("BRP"). It is understood that the ERP, when it goes online, may alter business, payroll
and related record keeping practices, as well as other time and attendance keeping practices
within the City and Department.
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ARTICLE:)
MAINTENANCE OF STANDARDS
All economic benefits, privileges, and working conditions which are properly and lawfully in
effect in the Department as to matters subject to mandatory bargaining under TLGC Chapter
174, and enjoyed by the fire fighters of the bargaining unit as of the effective date of this
Agreement, but which are not included in this Agreement, shall remain unchanged for the
duration of this Agreement.
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ARTICLE 6
ASSOCIATION BUSINESS LEAVE
Section 1. Association Business Leave Pool.
Upon the first full month after ratification of this Agreement and each year at the beginning of
the calendar year the City will allocate 1,684 hours of equivalent work -time hours to be utilized
for an agreed Association Business Leave ("ABL") Pool (the "Pool"). At the end of each
calendar year during this Agreement, unused ABL hours up to 425 will carry over and must be
used prior to the end of the next payroll year. All allocations must be used on a first4n, first -out
basis. ABL shall be charged to the Pool at the rate of one (1: 1) hours contributed to the Pool for
every one (1) hour used based on the employees work schedule leave accrual.
The Association will inform the Chief and the Civil Service Director of the names of members
using ABL so that use of ABL can be permitted in the City's Human Resource Information
System. If the Chief declares an emergency, he or she may order the Association President or
any Association fire fighters on Association business leave time to report to work for the
duration of the emergency. ABL will be counted as hours worked for the purpose of calculating
overtime. ABL hours may be used for the following: (a) representing members at disciplinary
hearing (to the extent permitted by law or allowed by Department policy) or grievance meetings;
(b) administering the terms of this Agreement; (c) attending meetings of the Association's
Executive Board; (d) attending regular business meetings of the Association; (e) attending other
Association meetings, training programs, seminars, workshops, and conferences, and (f) for the
time an Association negotiating team member spends preparing for, traveling to and from and
attending formally scheduled collective bargaining negotiating sessions with the City. ABL
hours may not be used unless a member is scheduled to work.
All Association Business leave must be posted on Telestaff in accordance with the timelines
regarding vacation leave. Association Business Leave shall not be subject to vacation quotas.
Section 2. Association Board of Directors.
Within thirty (30) Calendar Days after the execution of this Agreement, the Association shall
notify the Chief in writing as to the names of the Association's Board of Directors (to include
disciplinary representatives.) The Association shall thereafter promptly notify the Chief of any
change in the composition of its Board of Directors. To the extent that any designated
member(s) of the Association's Board of Directors is otherwise scheduled to work, the member
shall be permitted to attend the monthly Association membership meetings and the regularly
scheduled Association Board meetings and, any specially called Board meetings. Use of this
leave shall not require the Chief to backfill these positions.
Section 3. Compliance.
A fire fighter who is eligible to use ABL hours may elect to exchange time in lieu of using ABL
hours. Any fire fighter exchange of time shall be properly documented and in compliance with
all local, state and federal rules and regulations, including SOP S 1302 R2, as amended from
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time to time, provided that if the Chief makes any changes to the policy which affect past
practices under this Article, he shall first meet with the Association and try to balance
operational needs with the effective use of ABL under this Article.
Section 4. Time Off Without Pay.
The Chief will consider requests (and either grant or deny such requests) for additional time off
without pay to attend to other Association business.
Section 5. Other Associations.
This article does not prevent the prior practice of the Chief allowing leave time to be awarded for
other employee associations.
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ARTICLE 7
INTERNAL COMMUNICATIONS
Section 1. Email Communication.
Subject to the Department SOP's, the City's rules and regulations, (particularly the
Administrative Regulation regarding "Electronic Communications Use Policy"), and the
applicable provisions of this Agreement, the Association may utilize pre -approved electronic
communications ("e-mail") to communicate with Association members regarding matters of
general interest of the Association in accordance with the following restrictions and limitations:
a. Prior to any distribution(s), all Association e-mail communications shall be
approved in advance by the Chief or designee. The decision of the Chief or designee to
approve or disapprove an e-mail communication shall be final and binding and shall not
be subject to dispute resolution procedures. However, the Association may ask the City
Manager or designee to review any alleged patterns of repeated disapprovals which the
Association contends unreasonably restricts communications with its members relating to
subjects authorized by this Agreement.
b. Unless otherwise authorized in advance by the Chief or designee, the Association
shall submit in writing all requests for permission to distribute e-mail communications to
the Department's Public Information Officer (PIO) at least forty-eight (48) hours in
advance of the intended distribution of the requested e-mail communication. The PIO
will submit the Association's request to the Chief or designee. If approved, the e-mail
communication will be forwarded by the PIO to the requested distribution group.
c. If the e-mail is deemed inappropriate for general distribution, the PIO will
respond to the Association representative with an explanation or suggestion for change.
The Association Board will designate a representative and backup if necessary.
d. If the PIO is unavailable, the Association shall direct the e-mail communication
request to the backup PIO, who will process the request.
e. The Association may define up to three (3) distribution groups to be created and
administered by the City composed of individuals who will receive the Association e-
nails. Internal Association e-mails to distribution groups will be send only. Individuals
will be prevented from responding to distribution e-mails. The Association Board
members may use the City e-mail system to communicate on Association business among
themselves. Individual Association members may not use the e-mail system to advocate
for or against issues, campaign for one's self or others or promolugate personal issues as
Association business. None of the authorized e-mails that may be received may be
forwarded to other Association members, other than the PIO.
Section 2. Specific Subjects Only.
Association e-mail communications shall relate solely to the following subjects:
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a. Recreation and Social Affairs or other non -political activities of the
Association
b. Association Meetings
c. Association Elections
d. Reports of Association Committees
e. Rulings or policies of the State or National Association, without added
commentary
f. Legislative Enactments and Judicial Decisions Affecting Public Employee
Labor Relations, without added commentary
Section 3. Prohibited &mail Subjects.
E-mail communications shall not contain any political commentary, any solicitation for
membership in, or financial contributions to, any labor organization, special interest
organization, or political action organization, or any derogatory or offensive propaganda or
commentary which reflects negatively upon the City, its officials, its employees, City employee
associations or groups, or upon citizens of the City. On a case -by -case basis, the Chief or
Chief's designee may consider requests from individual fire fighters for approval to distribute e-
mail communications regarding solicitations for fire fighters (or their families) needing financial
assistance or other forms of assistance.
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ARTICLE 8
PAYROLL DEDUCTION
Section 1. Payroll Deductions.
The City shall bi-weekly deduct an amount from the pay of each individual fire fighter who has
voluntarily authorized such deduction for remittance to the Association. The amount of pay
deducted from each member of the Association shall be an amount authorized by the Board of
the Association. The deduction amount shall remain constant until the City is notified in writing
by an authorized member of the Board to change the deduction amount. The Association may
change the amount of the deduction with thirty (30) Calendar Days notice to the City in writing.
The total amount of deduction and a list of each member's total deduction shall be remitted by
the City to an account specified by the Board of the Association within ten (10) business days
from the date the amount is taken from the member's pay. After execution of this Agreement,
fire fighters who wish to join the Association will complete and sign the appropriate City form to
authorize the bi-weekly deduction amount. Fire fighters who are having dues deducted as of the
date this Agreement is ratified will not be required to submit new dues deduction forms. Any
individual member of the bargaining unit wishing to voluntarily withdraw authorization for
deductions or change the amount of their deduction must personally sign the appropriate form as
required by the City.
Section 2. Deduction Fees.
All amounts deducted pursuant to this Article shall be paid to the legally designated
representative of the Association in accordance with the procedures and costs established by the
City Finance Director. The current cost structure of $0.05 per deduction shall be maintained
until such time as the cost is changed to reflect a more accurate assessment of cost. The City
Finance Director has the sole discretion to establish charges for deductions. The cost of
deductions is subject to annual review. The actual cost shall not exceed $0.10 per deduction for
the duration of this Agreement. The cost per deduction shall be no more than the cost applied to
other employee associations.
Section 3. Indemnification.
The Association shall defend the City and hold the City harmless against any and all claims,
demands, suits or other forms of legal action that may arise out of, or by reason of, any actions
taken by the City, or any employee of the City in complying with provisions of this Article. The
Association and the City shall jointly select and direct counsel retained for such defense, and the
Association shall further assist and cooperate with the City during said defense.
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ARTICLE 9
WAGES
Section 1. Payment.
Subject to all of Lite other provisions of this Agreement, the wages of the fire fighters covered by
this Agreement shall be paid, during the four (4) year term of this Agreement, in accordance with
the wage rates, terms, and conditions described in the structured pay plan attached in Appendix
A, which is incorporated by reference. Annual step pay increases reflected in Appendix A for
eligible fire fighters shall survive through the one-year evergreen period as stated in Article 30 of
this Agreement or until such time as a new agreement is reached, whichever comes first. Fire
fighters shall not receive any additional increases in income from the longevity supplement pay
after September 30, 2013.
Section 2. Wages.
In summary, wages will be paid according to the following schedule during the term of this
Agreement:
FY 2009-2010: From the date of final ratification forward, annual step pay increases for
eligible fire fighters based on their applicable anniversary date with no
across the board base pay increase. Those eligible fire fighters with an
anniversary date between October 1, 2009 and the date this Agreement
is ratified by the Parties will receive their annual step pay increase
within the first full pay period after ratification. Fire fighters whose
anniversary date falls between October 1, 2009 and the date this
Agreement is ratified shall have his or her step increase applied
retroactively to the employee's anniversary date within 120 days after
ratification. The actual anniversary date of a fire fighter will not be
affected by the date the step pay is paid.
FY 2010-2011: Commencing with the first day of the fiscal year, 104 across the board
increase in base pay for the rank of fire fighter, plus annual step pay
increases for those fire fighters eligible based on their applicable
anniversary date; step increases are to be paid from the beginning of the
pay period that the anniversary date occurs. No across-the-board base
pay increases will be given for any other ranks above fire fighter.
FY 2011-2012: Commencing with the first day of the fiscal year, 2% across-the-board
increase in base pay for the rank of fire fighter, 1 % across-the-board
increase in base pay for the rank of fire engineer, 0.5% across-the-board
increase in base pay for the rank of fire lieutenant; plus annual step pay
increases for those fire fighters eligible based on their applicable
anniversary date; step increases are to be paid from the beginning of the
pay period that the anniversary date occurs. No across-the-board base
pay increases will be given for any other ranks above fire lieutenant.
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FY 2012-2013: Commencing with the first day of the fiscal year, 0.5% across-the-
board increase in base pay for the rank of firefighter, 1% across-the-
board increase in base pay for the rank of fire engineer, 0.5% across-
the-board increase in base pay for the rank of fire lieutenant, 0.5%
across-the-board increase in base pay for the rank of fire captain; plus
annual step pay increases for those fire fighters eligible based on their
applicable anniversary date; step increases to be paid from the
beginning of the pay period that the anniversary date occurs. No across
the board base pay increases will be given for any other ranks above
fire captain.
Section 3. Longevity Supplement Pay.
In summary, in addition to statutory longevity pay under Section 141.032, Longevity
Supplement Pay will be paid according to the following schedule.
FY 2010-2011: A longevity supplement pay shall also be implemented upon the first
day of the fiscal year budget. Eligible fire fighters will be paid a
longevity supplement pay based on their total completed years of
accumulated service from date of hire as a fire fighter trainee within the
Department. Longevity supplement pay will be paid according to the
following.
Completion of 5 years of service in department = 3% of base pay
FY 2011-2012: A longevity supplement pay shall also be implemented upon the first
day of the fiscal year budget. Eligible fire fighters will be paid a
longevity supplement pay based on their total completed years of
accumulated service from date of hire as a fire fighter trainee within the
department. Longevity supplement pay will be paid according to the
following:
Completion of 5 years through the 10`h year of service in department =
3% of base pay
Completion of 10 years of service in department = 6% of base pay
FY 2012-2013: Longevity supplement pay shall also be implemented upon the first day
of the fiscal year budget. Eligible fire fighters will be paid a longevity
supplement pay based on their total completed years of accumulated
service from date of hire as a fire fighter trainee within the department.
Longevity supplement pay will be paid according to the following.
Completion of 5 years through the 10`" year of service in department =
3% of base pay
Completion of 10 years through the
6% of base pay
15th year of service in department =
Completion of 15 years of service in department = 9% of base pay for
the career duration subject to the evergreen clause.
For each year that the longevity supplement pay is provided, this payment will be paid on a bi-
weekly (pay period) basis in the first full pay period after a fire fighter has completed the
specified years of service threshold. (Example: if an employee passes and completes the 5 years
of service level on 1217110, the employee will receive his first payment in the next fill pay period
after 1217110; if the employee has an annual base pay that totals to $52, 000 a year, the employee
would be paid $52,000 x 0.03 = $1,560 for longevity supplement pay (annualized); $1,560 _ 26
pay periods = $60 that would be paid each pay period to the individual for longevity supplement
pay). Longevity supplement pay will not be increased while a fire fighter is temporarily acting
in a higher rank.
For those occasions when a fire fighter's anniversary date occurs the same day when an across-
the-board base pay increase is implemented or when a new longevity supplement pay occurs, the
order of implementation will be the across-the-board base pay increase, then the step increase,
then the longevity supplement pay change.
Section 4. Appointed Positions.
Division Chiefs and Deputy Chiefs shall not be eligible for Longevity Supplement Pay in this
Agreement.
Section 5. Special Pays.
Current eligibility criteria, standards, and procedures for certification pay, bilingual pay,
assignment pay and education pay, including current amounts, shall continue.
In addition, upon ratification of this agreement, three (3) additional Assignment Pays shall be
implemented; two (2) at $100 per month each for the additional Public Information Officers and
one (1) at $100 per month for the Working Agreement Secretary/Records Manager.
Section 6. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 143.041(b),
TLGC 143.041(c), 143.042, 143.044, and 141.032 and any local ordinances, executive orders, or
rules adopted by the City or Commission, it being expressly agreed and specifically so provided
under the authority of TLGC 174.005 and 174.006.
ARTICLE 10
OVERTIME
Section 1. Emergency Call Back Overtime.
Emergency Call Back Overtime ("ECOI ) shall always be paid at time and one half (1
the regular rate of pay. Whenever a fire fighter is called back to work for an emergency after
regular working hours and after having left the job site, or to work a double shift (due to an
emergency situation as declared by the Chief), the fire fighter shall be eligible for emergency
call back pay and shall be paid a minimum of four (4) hours overtime. Fire fighters shall be
paid in this manner for all hours worked during the callback until the fire fighter's duty day
begins, in which case, the additional compensation will cease.
Section 2. Mandatory Overtime.
Mandatory/forced-hire overtime shall be paid as ECOT.
Section 3. Voluntary/Special Overtime.
Voluntary and/or scheduled participation in a staffing plan (e.g., daily staffing levels, TMS or
other pre -planned apparatus staffing, including brush trucks) resulting in hours worked beyond
an employee's regularly scheduled work hours, but not caused or initiated by an emergency,
shall be paid as ECOT.
Section 4. Other Overtime.
For all other overtime, all paid time off work, with the exception of that listed in Section 5, will
not count as hours worked for purposes of calculating overtime.
Section 5. Hours Worked.
Leave codes that are currently coded as Business (B), Personal Holiday (P), Holiday (J),
Association Business Leave (ABL), Training (T) —count as hours worked for overtime
calculations.
Section 6. Vacation Relief Ratio.
The Vacation Relief Ratio shall not exceed .17:1. The Vacation Relief ("VR") ratio is calculated
as follows: Authorized Operations Battalions Positions (Class Summary Report) divided by
Daily Staffing Positions for all shifts (all fire companies with four fire fighters assigned, all
battalion chiefs, Shift Tech, and the duty Paramedic — currently EMS 99). The ratio is then
applied to the Daily Staffing Positions to determine the number or VR positions. The VR Ratio
as of February 2010 is:
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811 _ 696 = 1.17
17 X 696 = 118 VR positions
The Chief or designee will determine the number of VR positions to be allocated to each shift.
The staffing ratio may be exceeded one time for up to ninety (90) days for new station
construction delays.
Section 7. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 142.0015,
and any local ordinances, executive orders, or rules adopted by the City or Commission, it being
expressly agreed and specifically so provided under the authority of TLGC 174.005 and 174.006.
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ARTICLE 11
COMPENSATORY TIME OFF
As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(0), the City may
compensate fire fighters, if requested by the fire fighter, with compensatory time in lieu of
overtime compensation required by the FLSA, 29 U.S.C. § 207 subject to the discretionary
approval of the Chief. The Parties agree that if compensatory time is granted, it shall be
administered in accordance with the City's Personnel Rules and Regulations and shall comply
with state and federal law. The use of the term "fire fighter" in this Article shall not be construed
as affording the right of time -and -one-half remuneration (whether overtime or compensatory
time) except as provided by FLSA, 29 U.S.C. § 213 and TLGC 142.0015(e). This Article
preempts Section 142.0016 TLGC only to the extent of any inconsistency with that section.
22
Section 1.
ARTICLE 12
VAUA I MN/HOLIDAY LEAVE
Vacation Leave.
Vacation leave for sworn fire fighters shall be accrued according to the following chart:
Staff or 841our Day Employees
Suppression or 12-Hour Day
Employees
Maximum
Accrual Rate Per
Maximum Accrual
Accrual Rate Per
Sworn Service
Accrual Per
Pay Period
Per Year (Hours)
Pay Period
Time
Year (Hours)
(Hours)
(Hours)
Firefighter with
120
4062
180
6.93
1 year of service
Firefighter with
136
5023
204
7.85
5 years of service
Firefighter with
10 years of
144
5.54
216
8.31
service
Firefighter with
15 years of
160
6.15
240
9.23
service
Firefighter with
20 years of
184
T08
276
10.62
service
Section 2. Vacation Time Management.
The authorized number of allotted vacation positions can be exceeded if approved by the Chief
or designee. There will be no less than 36 suppression vacation slots per day except under a
declared emergency. Floating days shall not be included in this number.
Under the direction of the Chief or designee, Battalion Chiefs are responsible for managing
vacations and other leave time for their battalion shift to provide the most effective emergency
response capability possible.
Section 3. Vacation Leave Transfer.
Fire employees may transfer accrued vacation leave (no other type of leave may be transferred)
into anon -civil service employee's Short Term Sick Leave/Family Leave account or into a civil
service employee's Sick or Family Illness Leave account in order to ensure continuing income
for an employee who must be absent from work due to a major personal illness or injury or due
to an immediate family member's major illness or injury which requires the presence of the
employee. In the event of conflict, the PRR policy for donated leave shall apply. Donated leave
will not count toward any minimum required leave usage provisions listed in this article.
23
Section 4. Holiday Pay and Accrual.
Time accrued for all holidays shall be based on either an eight (8) hour day for Staff Personnel or
a twelve (12) hour day for Suppression Personnel.
Suppression Personnel shall be paid for hours worked (eight or sixteen depending on shift) on a
holiday (as defined below) at time and one half (1 %2) holiday rate. For purposes of this Article,
only, holiday rate means an individual's step rate within their rank plus longevity supplement.
Suppression Personnel shall accrue twelve (12) holiday hours for each holiday observed unless
the fire fighter is in a no -pay status.
Staff Personnel shall be paid for hours worked on aCity-recognized holiday (except as modified
by Section 5 of this Article) at time and one half (1 %2) holiday rate. Staff Personnel who work
on the City -recognized holiday shall accrue eight (8) holiday hours.
If the City -recognized holiday falls on a ten (10) hour staff person's off day, he or she shall
accrue eight (8) holiday hours. Staff personnel shall be allowed to move their regular day off
with supervisor approval.
If a fire fighter (suppression or staff) is scheduled to work on a holiday (actual or City -
recognized) and is absent for any reason he or she shall be charged the requested leave time if
available and accumulate the appropriate holiday hours for his or her position.
Section 5. Holidays.
Department personnel are granted eight (8) holidays per year.
City -recognized holidays may not always align with the actual holiday day and are: New Year's
Day, M.L.K. Day, Memorial Day, Independence Day, Labor Day/9-11 Remembrance Day,
Thanksgiving Day, Day after Thanksgiving, and Christmas Day. As per the City's PRRs, the
City may officially recognize a holiday on a day which is not the actual holiday.
Suppression Personnel and any Staff Personnel who are required by their position to work on the
actual holiday shall observe the actual holiday, regardless of when it is recognized by the City.
Suppression Personnel and those Staff Personnel indicated above shall also observe the City -
recognized Day after Thanksgiving holiday. Staff Personnel not included, above, shall follow
only the official City -recognized holiday schedule.
Fire fighters are also granted one (1) Personal Holiday per year (eight (8) hours per year for Staff
Personnel and twelve (12) hours for Suppression Personnel).
Section 6. Vacation/Holiday Accumulation and Use.
There shall be no limit on maximum accumulation of vacation or holiday time. Vacation hours
are available for use after twelve (12) months from date of hire. Upon separation of
A
mployment, Fire employees shall receive payment of all accrued vacation and holiday time,
24
except that Fire employees who terminate from the City within twelve (12) months from their
date of hire shall not be paid for accrued vacation time.
Fire fighters may accrue unlimited personal holiday hours, including any granted by the City
Manager. Fire fighters who terminate employment for any reason will not receive payment for
any unused personal holiday hours upon separation from the City nor shall fire fighter personal
holiday hours be part of any future leave sell back.
After one year from a fire fighter's hire date a fire fighter may begin using vacation time.
Beginning the first full calendar year after commission date, Fire Civil Service employees are
required to use two (2) weeks (120 hours for 56-hour suppression personnel and 80 hours for 40-
hour staff personnel) accrued holiday time and/or vacation time per payroll year. Failure to use
the minimum required leave will result in the difference between the amount used and the
minimum required leave usage being deducted from accumulated vacation leave at the beginning
A the next payroll year.
A fire fighter who is not able to use two (2) weeks of accrued holiday and/or vacation time in a
payroll year due to illness or injury may petition the Chief or designee in writing for a waiver of
this requirement. The Chief or designee will provide a written ruling on the request to the
petitioner within five (5) calendar days of receipt of the request. The Chief or designee's decision
will be final. Decisions resulting in a waiver to the requirement will be forwarded to the City
Human Resources Department for implementation. Sending a request or response via email shall
qualify as a writing.
Unless otherwise approved by City Council, fire fighters may not participate in the City's yearly
vacation leave and/or accrued holiday leave sell back program (when implemented by the City
Council).
Section 7. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 142.0013,
and any local ordinances, executive orders, or rules adopted by the City or Commission, it being
expressly agreed and specifically so provided under the authority of TLGC 174.005 and 174.006.
25
ARTICLE 13
WORKING AGREEMENT
Section 1. Substitutions.
Any fire fighters of the bargaining unit, who are injured or sick and have depleted his or her
accrued leave benefits, may self -arrange or make a request to the Association for one or more
fire fighter(s) of the bargaining unit to substitute for him or her. Substitution personnel working
for another fire fighter under this provision need not be of the same classification as the fire
fighter being worked for, provided there are sufficient eligible fire fighters on -duty to fill those
positions requiring specific classifications.
a. This Section shall cover a member for a maximum cumulative period of up to 24
months during a fire fighter's career.
b. No fire fighter of the bargaining unit shall be eligible to receive benefits under this
Section after qualifying for retirement under the then -current City retirement program
as codified in 6243i of the Texas Revised Civil Statutes and Sections 2-201 — 2-235
of the City's Code of Ordinances (as amended) and any relevant rules promulgated by
the board of the Employees Retirement Fund.
c. The disabled fire fighter's personnel record shall reflect continuous service with the
City; the record shall not recognize a break in the fire fighter's years of service as a
result of availing him/herself of substitutes under this Section.
d. Under no circumstances shall a fire fighter who is using substitutes under this Section
be allowed to perform non -department related work.
Section 2. Substitution Approval.
All substitutions contemplated herein are subject to the Chief s or his or her designee's, approval
as defined or limited by C.F.R. 553.31. Nothing in this Article shall abrogate the Chief s ability
to determine a fire fighter's fitness for duty or any other eligibility criteria of the Department.
Section 3. Compliance with Federal Law.
The City has agreed to facilitate its fire fighter's shift exchanges, recognizing that a fire fighter's
choice to do so is at the fire fighter's sole option and for the fire fighter's convenience. There is
no incentive, encouragement, benefit or promise of any reward or advantage by or on behalf of
the City in connection with this option. Notwithstanding any provision of this Agreement, the
City may make any changes in policies or practices necessary to comply with state and federal
law and regulations, including but not limited to 29 C.F.R. 553.31, as to the City's involvement,
regulation, or approval of fire fighter participation in this voluntary option.
Section 4. Eligibility.
26
Upon ratification of this Agreement, persons currently eligible to or who are actively accepting
benefits under the 2004 Working Agreement shall remain eligible for benefits as described in
this Article.
Section 5. Old Agreement Terminated.
The 2004 Working Agreement is terminated. Existing 2004 Working Agreement hours that are
currently in the "Bank" (if any), shall be used on recognized City Holidays or when a member
assigned to work does not report. This procedure shall be used until all hours currently in the
"Bank" are exhausted. There shall be no further accrual of Working Agreement Hours as of the
date this Agreement is ratified. The Association may promulgate internal Working Agreement
Rules, Regulations and Procedures subject to this Article.
Section 6. Defense.
The City shall defend all claims against the Association (and its Executive Board, if named),
which arise directly from the implementation of the specific terms in this article and shall pay
any and all claims finally adjudicated based thereon involving joint liability of the City and the
Association. The City's obligation to defend and/or pay does not extend to liability based on the
rules, regulations and procedures, or administrative practices of the Association, which are the
sole prerogative of the Association.
27
ARTICLE 14
GROUP HEALTH BENEFITS
Section 1. Health Benefits.
The City agrees to continue to provide substantially equivalent health benefits, when considered
overall, to the current health benefits package for fire fighters and their dependents. This may
involve the same or another benefits program provided that the combined value of the program,
including employee out of pocket costs, access, and benefits remain substantially equivalent to
the current program when considered as an overall plan. This does not mean that individual
healthcare or prescription cost components are fixed. This Article does not prevent the City from
changing the provider, plan administrator, third party administrator or plan design, provided that
the benefits and value of the Plan remain substantially the same.
The premiums for the health benefit coverage are partially subsidized by the City. Premiums for
fire fighters and their dependents health benefit coverage may change, but there shall be no
change to the percentage level of subsidy provided by the City.
This Article does not prevent changes in the City Wellness Program.
Section 2. Eligibility.
Only fire fighters hired on or before September 30, 2013
shall
all other
employees at that time, or as established in future collective bargaining agreements.
Notwithstanding anything contained in Article 33 (Duration and Termination) no evergreen or
holdover period of any kind shall apply to those fire fighters hired during the evergreen.
Section 3. Programs Described.
The health benefits program currently in effect for fire fighters and their dependents is described
in the Summary all Description effective January 1, 2005, restated October 1, 2007, and as
amended in the Summary of Material Modifications which is attached herein and incorporated
herein Appendix B. These benefits are summarized in the City of Fort Worth Summary of Plan
Benefits chart which is attached hereto and incorporated herein in Appendix C.
Section 4. Preemption.
This Article shall preempt any contrary provisions set forth in Ch. 2, Art. V, Sec. 2-190 of the
Fort Worth Code.
ARTICLE 15
RETIREE HEALTH BENEFITS
Section 1. Fire Fighters Hired Prior to January 1, 2009.
Upon their retirement, fire fighters no prior to January 1, 2009 shall be provided the same
retiree health benefits as retired fire fighters with similar tenure. Such retirees shall have the
same cost, terms and conditions as other retirees similarly situated in accordance with the current
practice. It is the intention of this provision to preserve the existing practice in terms of
percentage subsidy for the defined class of future retirees and their dependents, and to make
those rights enforceable under this Agreement, but nothing more.
Section 2. Fire Fighters Hired Since January 1, 2009.
Fire fighters hired on or after January 1, 2009 shall be entitled to such retiree health benefits as
are required by law or as established in future provisions in the Collective Bargaining
Agreement(s) between the parties, by amendment or otherwise.
Section 3. VEBA Trust
During the term of this Agreement, the parties agree to establish a joint committee that shall
evaluate the Voluntary Employee Beneficiary Association ("VEBA") Trust rules, IRS Code
provisions, actuarial evaluations or other existing pre -funded programs for fire fighters hired on
or after January 1, 2009. The joint committee will consist of six (6) members, consisting of three
(3) appointed by the Association and three (3) appointed by the City Manager. Such committee
shall be formed no later than sixty (60) days after ratification of this -contract. The City Manager
and the Board of Directors of the Association shall each maintain control over their appointed
committee members. The Committee will monitor changes in health care brought about by
Federal legislation and determine what impacts such legislation may have upon current VEBA
actuarial funding requirements and other alternatives such as retiree medical services accounts,
whether administered by the employer or the Association. The Committee shall consider possible
VEBA legislation. The Committee shall also report on options to structure a VEBA within this
Agreement. This Committee's focus shall be the use of a VEBA program or other retiree health
savings, and shall not conflict with the broader role and mission of the City wide benefits
committee, which includes Association representatives. The City shall make a 2% set -aside
($1.6 million) by August 31, 2013, and such set -aside shall be designated for retiree health
benefits subject to negotiations in the next cycle.
Section 4. Preemption.
This Article shall preempt any contrary provisions set forth in Ch. 2, Art. V, Sec. 2-190 of the
Fort Worth Code, which shall otherwise remain in effect.
29
ARTICLE 16
PENSION
Section L Contributions to Fund.
Nothing in this Article shall be interpreted to abrogate or supersede the provisions of Ch. 2, Art.
VI, Section 2-201 et seq., of the City of Fort Worth Code, Article 6243i of the Texas Revised
Civil Statutes ("Article 6243i"), or any related administrative rules promulgated by the Board of
Trustees for the Fort Worth Retirement Fund (the "Fund"), but this Article does contractually
limit the City's prerogatives under the code, statute and administrative rules to the extent
specifically provided for herein.
The City's contribution rate to the Employees' Retirement Fund shall not be decreased for fire
fighters. The City may, however, increase its contribution to the Fund, or may request an
election pursuant to state law to increase all members' contributions to the Fund. If an employee
election disapproves an increase in contributions, the Association shall have the right to reopen
the Agreement to bargain for additional fire fighter and City contributions. If it is determined that
an amendment to Article 6243i of the Texas Revised Civil Statutes is required to accomplish the
contribution increases, the Parties agree to negotiate on the subject of joint enabling legislation.
This Article does not prevent the City from studying or evaluating recommended changes to the
Fund benefits in accordance with Article 6243i or other laws of Texas and of the City. Nothing
in this Article shall be construed to allow benefits to be diminished or impaired.
Section Z. Restrictions.
Only fire fighters hired on or before September 30, 2013 shall be entitled to the benefit of
Section I. Any fire fighter whose hire date falls after September 30, 2013 of this Agreement shall
be eligible for the same pension benefits as being offered to all other employees at that time or as
established in future Collective Bargaining Agreements. Notwithstanding anything contained in
Article 33 (Duration and Termination) no evergreen or holdover period of any kind shall apply to
those fire fighters hired during the evergreen period.
30
ARTICLE 17
STAFFING STANDARDS
The City shall continue its practice of staffing with four (4) persons (consisting of one (1)
officer, one (1) engineer, and two (2) fire fighters), active service status Engine companies and
Ladder companies, including quints (as commonly recognized apparatus by the Association and
Department), Squad companies, and ARFF companies (maintaining the existing practice of one
four -person crew per ARFF company). These apparatus may be temporarily reduced to three (3)
persons, yet remain in active service, if a fire fighter assigned to work on these apparatus is off
duty for up to four (4) hours.
These apparatus may be temporarily reduced below four (4) persons when assigned to training.
One apparatus at double company fire stations staffed with a four person crew may be
temporarily reduced to three (3) persons yet remain in active service for up to four (4) hours in
the morning and four (4) hours in the afternoon while one crew member attends training.
This Article shall not affect the City's or the Chief s rights to set, determine, change, or modify
the number, locations, service status, or utilization of fire stations, facilities and apparatus.
31
ARTICLE 18
PROCEDURE FOR FILLING AND PROBATIONARY PERIOD FOR
BEGINNING POSITIONS IN THE FORT WORTH FIRE DEPARTMENT
Section 1. Recruitment.
The Chief will determine when the following procedures, outlined in this article for the filling of
entry positions in the Department, will take place. Recruitment for fire fighter candidates shall
be a cooperative effort between the Department and the Human Resources Department. In all
cases, recruitment efforts will be publicized and recruitment notices will be posted on the City's
Job Announcement web page. Recruitment may be conducted on a continuous or periodic basis.
The Department may test at different locations, but all testing shall be conducted simultaneously
for the particular eligibility list being established. A candidate may be tested only once for a
specific eligibility list.
Section 2. Eligibility.
Eligibility to become a fire fighter will be determined by a candidate's ability to meet the
minimum standards established in the Local Civil Service Rules. The Association shall be
afforded the opportunity to assign representatives as unpaid proctors during the physical ability
test and distance run. Candidates must meet all minimum standards and requirements to be
eligible for future licensing by Texas Commission on Fire Protection. A candidate must not be
younger than eighteen (18) years and must not have reached thirty six (36) years of age by the
date of the entry-level test required of that candidate is administered.
Section 3. Selection Criteria.
The selection of a candidate to be a fire fighter shall be based primarily upon the candidate's
suitability to serve as a fire fighter and including consideration of scores from the selection
process. The Chief shall make the final hiring decision. The rule of three shall not apply. All
testing and selection procedures shall be designed and intended to identify the most suitable
applicants and to exclude those candidates who are deemed not likely to possess the
characteristics and abilities to be successful in the performance of work required of a fire fighter.
All candidates shall be required to pass an entry-level written test intended and designed to
measure the candidate's suitability and ability to perform the duties of a fire fighter. A passing
score for the entry-level written test will be established based on the psychometric characteristics
A the test as recommended by the test publisher. The Association shall be afforded the
opportunity to assign representatives as unpaid proctors during testing.
The candidate characteristics for which additional points shall be added to a passing test score
and the point values for such characteristics are as follows:
Military Veteran 5 points
(with honorable discharge per DD 214)
Resident of Fort Worth for six months 1 point
32
or more continuously prior to the time of their entry-level test (includes
college students and military personnel, if their primary residence is Fort
Worth). Applicants must present two forms of proof of residency at the
time of the test.
Six (6) points is the maximum cumulative number of additional points which shall be added to a
candidate's passing test score for any combination of such characteristics. In order for points to
be given for Military service, the candidate must provide proof of an honorable discharge by
presenting a DD 214 at the time of application, in order for points to be given.
In the event a candidate who is called to active military service prior to being hired was in a
stanine that other candidates were hired from, that candidate shall be added to the stanine
currently being considered or the next stanine to be considered for the next class hired if the
candidate reapplies (completes a new application) within one hundred eighty (180) days of being
released from active duty, provided that the next stanine to be considered is created within 24
months from the date of the candidate's reapplication.
Section 4. Processing Candidates.
Candidates with passing test scores on the entry-level test will be placed on an eligibility list in
the order of their overall eligibility scores (test score plus additional points). An eligibility list
will be divided into stanines based on the eligibility scores of candidates who pass the entry-level
test. All candidates within a stanine shall be considered to have an equivalent eligibility score.
Candidates with eligibility scores that span two stanines will be placed in the higher stanine.
Candidates may not be hired from an eligibility list that is created after an existing active
eligibility list has been established until the existing list has been exhausted or has expired. All
candidates within a stanine must be processed and either recommended for hire or rejected
before candidates from a lower stanine may be considered. Candidates will be referred by the
Human Resources Department to the Department by stanine. An eligibility list may be effective
for a minimum of three (3) months and a maximum of eighteen (18) months, or until a specified
number of candidates for academy classes are selected from a list. The conditions that will
determine when an active list may be closed must be included on the announcement notifying
candidates of the test.
Section 5. Selection Process.
The Department will determine those candidates who are most suitable to be hired as fire fighters
based on a structured and job -related selection process. The selection process will include testing
for physical ability; personal characteristics linked to the performance of essential job functions,
decision -making, communication skills, and interpersonal skills. The Department will utilize
interview boards (e.g. review boards), polygraph examinations, drug screens, background
reviews, and personal references to assess candidates as long as the methods have been reviewed
by the Human Resources Department and found to be objective and job -related and applied
consistently in processing candidates. Pass/fail scores, rating scales or point scores currently in
use as of the date of ratification of this agreement shall continue to be used for each selection
33
method in the selection process. A candidate must complete and pass each selection method in
the entry-level hiring process in order to continue in the process.
Within thirty (30) days from the date of ratification of this Agreement, a committee shall be
appointed by the Chief or designee consisting of one member appointed by the Association, one
member from the City's Human Resources Department, and up to three (3) members appointed
by the Chief or designee. The committee shall establish a new point or rating system for the
Interview Board's personal history interview (e.g. candidate background interview) in order to
distinguish those candidates most suitable to be hired as fire fighters. The committee may ask
for any assistance from Human Resources in establishing the new point or rating system. The
committee must meet and establish a new point or rating system and make its recommendation to
the Chief or designee no later than one hundred and twenty (120) days after the committee is
appointed. Should the committee need additional time, it may request extensions in thirty (30)
day increments which must be approved by the Chief or designee. A pass/fail score may be
established for the Interview Board's personal history interview score, as appropriate.
Failure by the committee to meet and/or reach agreement by the stated timeline (plus extensions,
if any) shall not prohibit the implementation of this Article, in which case the Interview Board
will develop a scoring/rating system for its use. The committee may meet to evaluate and
modify a rating system after it has been used for at least one class of candidates.
Nothing in this Article shall prevent the City, including the Interview Board, from complying
with EEOC regulations or guidelines, nor shall this Article be interpreted to create a private right
of action to an EEOC discrimination claim.
Any candidate needing a reasonable accommodation in order to complete a step in the process
will be afforded an opportunity to request that accommodation from the Human Resources
Director. The Human Resources Director or designee will grant or deny the request.
Any interview or review boards used in the selection process shall consist of one (1) member
with one (1) alternate appointed by the Association and additional members (and their alternates)
appointed by the Chief. Each additional member shall also have an alternate. Interview or
review boards shall not have less than three (3) or more than five (5) members on each.
Membership of the interview board will not change during a hiring period unless a member is
unable to serve, in which case his or her alternate shall serve. In order to serve, each board
member must have prior interview board experience and shall have received Human Resources
training prior to their appointment. Alternates may be appointed prior to obtaining the required
human resources training. Observation of an actual interview board session (i.e., a full day of
interviews) shall satisfy the interview board experience requirement.
Section 6. Hiring Process.
Upon completion of the selection process, a total final score from the Interview Board will be
calculated by the hiring process administrator for each candidate based on the rating or point
standards established for the various selection methods. The hiring process administrator shall be
appointed by the Chief and shall be a permanent member of the recruit training staff. Candidates
34
will be ordered by final score and grouped into batches of ten (10) based on the candidates' final
score. In the event of a tie score, the tiebreak number drawn at the time of the entry-level test
shall be used to rank candidates within a batch. The candidates will then be submitted to the
Chief by batch (highest scoring batch, first) but without any associated scores or rankings. The
Chief or designee may consider signed, written information provided by any of the participants
in the selection process as to any candidate when making a final decision to make a conditional
offer of employment to a candidate. The Chief or designee shall hire each candidate in a batch in
order unless a valid reason exists to reject the candidate. The Chief or designee must either hire
or reject each candidate in a batch before the next batch can be presented to the Chief or designee
for consideration. As each candidate is hired, the order in which they are hired will be
documented and this order will be used to establish the final tie breaking criteria for future
promotional tests. The Civil Service Director or designee will review the scores and written
documentation on all selected and passed -over candidates to insure consistency and fairness in
the selection process and compliance with applicable law. Following this review, the Chief or
designee will complete the hiring process.
Section 7. Candidate Hold Over.
If an eligibility list expires or is closed prior to the next class, the Department may retain any
candidate's name that was processed from the last stanine from which candidates were
considered for hiring to be included in the next available class if such class begins within ninety
(90) days of the expiration date.
Section 8. Probationary Period.
All new hires and rehires will serve a probationary period from the date of hire until completion
A Academy training and one year following being commissioned as a Fort Worth fire fighter.
During the probationary period, od, a probationary employee may be terminated without civil
service appeal rights. Upon completion of the probationary period, the employee will have full
civil service protection, except as modified or abridged by this Agreement.
Leave for probationary fire fighters will be based upon length of continuous service from date of
hiI e. Probationary fire fighters will be eligible to use available sick leave after six (6) months of
service from the date of hire. Probationary fire fighters will be eligible to use available vacation
and family leave after one (1) year of service from the date of hire. Probationary fire fighters
who terminate after one (1) year of service from the date of hire will be paid for any accrued but
unused vacation time.
Section 9. Changes in Process.
The Commission may implement changes in the process or procedures set forth herein if the City
Manager and the Executive Board of the Association approve a Memorandum of Agreement
setting forth the changes deemed necessary to address problems or needs that arise after the
effective date of this Agreement.
35
Section 10. Preemption.
This Article shall preempt any contrary provisions set forth in TLGC 143.021 (c), 143.023 (b),
143.025 (b), (h), (i), 143.026, 143.027 and any local ordinances, executive orders, or rules
adopted by the City or Commission, it being expressly agreed and specifically so provided under
the authority of TLGC 174.005 and 174.006.
Section 11. Defense.
With regard to this Article only, the City shall defend all claims against the Association
(including its executive board, if named) and will pay any and all claims finally adjudicated
involving joint liability of the City and the Association.
Section 12. Effective Date.
This article shall become effective no later than January 1,
recruitment class for which testing begins prior to September
36
2011 but shall not be applied to a
1, 2010.
ARTICLE 19
PROMOTIONS
Section 1. New Classification.
The Parties to this Agreement understand and agree that the Fort Worth City Council ("Council")
may establish a new classification (rank) of division chief. The Chief may establish up to three
(3) positions within the division chief classification beginning in the second year of this
Agreement, and up to three (3) additional positions by the end of the fourth year of this
Agreement, with the approval of the Council. The Chief s appointments for the division chief
level must be new positions and not reclassifications. Organizationally, the newly -created
division chief classification will be immediately below the classification of deputy chief and
immediately above the classification of battalion chief. The rank of division chief shall be filled
by persons meeting the current provision of TLGC 143.014(e) (as of the end of the 81St Texas
Legislative Regular Session) and this article.
All promotions to any position in the classification of division chief shall be made by
discretionary appointment of the Chief. The Chief will not be required to make promotions
within any specific time. The Chief may, in his sole discretion, use any additional process or
assessment procedure in making appointments to the division chief positions. Appointment to
the rank of Division Chief shall be by mutual consent of the Chief and the appointee.
Any fire fighter appointed to the classification of division chief maybe demoted to the same or
equivalent classification the fire fighter held prior to appointment at the exclusive discretion of
the Chief, and shall have no right to appeal such a demotion. Any division chief so demoted shall
have no right to prior notice, a statement of charges, or to file a grievance or other complaint.
Neither the Commission nor an Arbitrator shall have the jurisdiction, power, or authority to
investigate or review such demotion or to alter the terms of such demotion. Any fire fighter
appointed to the classification of Division Chief shall be afforded the same protections as Deputy
Chiefs in regard to TLGC 143.014 (g) and 143.014 (h).
Section Z. Division Chief and Deputy Chief Pay.
Upon creation of the Division Chief in the second year of the agreement, the base pay minimum
foI this classification will be established to be 2% above the maximum (step B) of the Battalion
Chief with a 16% base pay range length as depicted in Appendix A. During this same year as
well as the duration of this contract, the Deputy Chief base pay minimum will always be 7%
above the minimum base of the Division Chief and have a 19% base pay range length. As of the
second year of the agreement, the Deputy Chief classification will no longer be on a step plan.
During year 3, the Division Chief base pay minimum will be 4% above the maximum (step B) of
the Battalion Chief with a 16% base pay range length as depicted in Appendix A. During this
same year and as depicted in Appendix A, the Deputy Chief base pay range will adjust to
maintain the aforementioned differentials as described above during the second year.
During year 4, the Division Chief base pay minimum will be 7% above the maximum (step B) of
the Battalion Chief with a 16% base pay range length as depicted in Appendix A. During this
37
same year and as depicted in Appendix A, the Deputy Chief base pay range will adjust to
maintain the aforementioned differentials as described above during the second year.
The Chief has the authority to set the base pay for each division chief and deputy chief
individually, above the minimum base pay. The individual's base pay will be set or adjusted by
the Chief at any time per the City's Personnel Rules and Regulations. The base pay for the rank
of division chief and deputy chief shall not be controlled by TLGC Chapter 143 and specifically
143.041(b). Such personnel shall be exempt from overtime compensation to the extent permitted
by state and federal law.
Section 3. Written Promotional Exam Appeal Procedures.
On request, a promotional candidate will be allowed to review his or her promotional test and the
correct answers, source material and examination grading. The test may be reviewed only once
and questions may be appealed by promotional candidates for five (5) business days after the
date of the exam. A candidate may appeal a test item by stating in writing why the graded
correct answer is wrong or another answer is clearly more correct than the graded correct answer.
A candidate's test item appeal will be submitted by the Human Resources Department without
the names of the appellants, to a board of three fire fighters, two appointed by the Chief and one
appointed by the Association ("Review Board"). This Review Board will review each appealed
question and make a written recommendation as to the validity of the appeal. The Commission
shall review all written recommendations and rule on all appeals. The Commission will be
provided with the candidate's appeal, the recommendation of the Review Board and the
justification for the correct answer by the Civil Service Director or designee. The Commission
will rule on the validity of the appeal based on the documentation provided without oral
argument. All test items will be graded with either one best answer correct, multiple answers
correct or all answers graded correct. The Commission's decision on test item appeals shall be
final.
Section 4. Preemption Provision.
This Article shall preempt any contrary provisions set forth in TLGC 143.014(b), 143.021(b),
143.021(c), 143.034, 143.036, 143.037, 143.041 and 142.0015(b)-(e-1), and any local
ordinances, executive orders, or rules adopted by the City or Commission, it being expressly
agreed and specifically so provided under the authority of TLGC 174,005 and 174.006.
ARTICLE 20
SECONDARY EMPLOYMENT
Fire fighters shall not engage in secondary employment while on -duty, except with the
knowledge and consent of the Chief or designee and in accordance with Department rules.
Fire fighters shall not engage in any secondary employment that constitutes a conflict of interest
with the Department or the City, or where the secondary employment interferes with the ability
of the fire fighter to proficiently perform all assigned duties, tasks, and training requirements.
Fire fighters shall at all times be governed by the ordinary and reasonable rules of good conduct
and shall not commit any act tending to bring reproach or discredit on themselves, the
Department, or the City.
The Chief retains his or her authority to implement a registration system for off -duty
employment in accordance with the provisions of this Article.
This Article shall not be construed to authorize unlimited, unilateral or unconditional secondary
employment while on duty.
39
ARTICLE 21
DISCIPLINARY PROCEDURES
Section I. Compliance with TLGC 143.
All disciplinary action shall comply with the applicable provisions of Chapter 143 of the TLGC.
This article provides options in addition to those included in Chapter 143.
Section 2. Suspension Options.
A fire fighter who is suspended from duty for up to a maximum of fifteen (15) days may elect to
forfeit either his or her accumulated paid vacation or holiday leave in lieu of the suspension. The
fire fighter must make the request to use paid leave in lieu of suspension within 24 hours of
receipt of notice of the disciplinary action. If a fire fighter elects to forfeit his or her paid leave
in lieu of all or part of a disciplinary suspension, the disciplinary action is not appealable.
Forfeited time shall not apply to annual leave use requirements. Under an agreement reached
under Section 143.052(g) of the TLGC, the Chief and the fire fighter may agree to forfeit
accrued leave for all or part of a disciplinary suspension through a reduction in the fire fighter's
accrued leave.
Section 3. Appeals.
Any fire fighter who chooses to appeal a disciplinary suspension as provided under Chapter 143
of the TLGC shall not be charged with the suspension days until the appeal is resolved, provided
the suspension is for less than seven (7) calendar days.
Section 4. Formal Administrative Investigation.
In the event of a Formal Administrative Investigation of alleged misconduct by a fire fighter that
could result in disciplinary action against that person, the fire fighter shall be notified in writing
that he or she is the subject of a Formal Administrative Investigation and the allegations against
the fire fighter at least thirty-six (36) hours prior to the subject fire fighter's initial interrogation
by the Chief or officers assigned to the investigation. The fire fighter who is the subject of a
Formal Administrative Investigation will be entitled to have a representative present at his or her
interrogation or any subsequent meeting with the Chief or designee.
Section 5in . Prelimary Investigations.
Meetings, interviews, questions and/or discussions, including those that could possibly lead to a
Formal Administrative Investigation, conducted by officers in the fire fighter's chain of
command, are considered as Preliminary or fact finding Investigations, and may be initiated at
any time, and without notice or requirement for representation. This does not prohibit the
officers in the fire fighter's chain of command from allowing the affected fire fighter
representation if so requested.
Section 6. Felony Convictions.
Conviction of a felony shall terminate the employment of a fire fighter without right of
administrative appeal.
Section 7. Misdemeanors.
A fire fighter shall notify the Chief or designee through the chain of command within 48 hours of
the fire fighter's arrest for a Class A or Class B misdemeanor or felony; official charge for a
Class A or Class B misdemeanor; felony indictment; and the conviction, acquittal, or dismissal
related thereto.
Section 8. Disciplinary Suspensions.
The Chief or designee shall not be required to deliver in person a written statement of suspension
to the fire fighter being suspended. The written statement of suspension shall be deemed to have
been delivered to the fire fighter when the written statement of suspension (1) is hand -delivered
to the suspended fire fighter by the Chief or designee; or (2) is delivered to the suspended fire
Fighter's attorney with signed receipt. If the City attempts in good faith to deliver the written
statement as provided herein, but such attempts are unsuccessful, the written statement may be
mailed by certified mail to the last known address of the suspended fire fighter. Service is
complete upon mailing, and the suspension shall be automatically appealed consistent with
Chapter 143 of the TLGC.
Section 9. Effective Date.
This Article becomes effective upon ratification of this Agreement. Any action discovered prior
to ratification, from which an investigation and/or discipline may result, will remain under the
Department's current practice.
ARTICLE 22
GRIEVANCES
Section 1. Grievances.
A grievance is defined as any dispute, claim, or complaint involving the interpretation,
application or alleged violation of any provision of this Agreement. Except as may be otherwise
provided in this Agreement, all disciplinary action shall be in compliance with the applicable
provisions of Chapter 143 of the TLGC and is not subject to the terms under this Article. The
Association or any bargaining unit member may file a grievance under the terms of this
Agreement. Each grievance shall be submitted on a form agreed to by the parties and must
include (1) a brief statement of the grievance and the facts or events on which it is based; (2) the
section(s) of the contract alleged to have been violated; (3) the remedy or adjustment sought; (4)
the steps taken by the grievant to resolve the issue; (5) for maintenance of standards or past
practice grievances, the specific right or practice that is the basis of the complaint; and (6) the
bargaining unit member's signature or, if filed by the Association, the signature of the Grievance
Committee Chairman or local Association President,
Section 2. Procedure.
Step 1
A fire fighter who is aggrieved must file a grievance with an Association Grievance Committee
member within thirty (30) calendar days of the date upon which the fire fighter knew of or
should have known of the facts or events given rise to the grievance. A copy of the notice of
receipt of the grievance shall be forwarded to the Chief by the Association Grievance Committee
within three (3) calendar days of receipt of the grievance. The Grievance Committee shall within
Fifteen (15) calendar days of receipt of the grievance determine if a grievance exists. If the
grievance is denied by the Committee, a member of the Committee shall notify the grievant
within five (5) calendar days of the day of the denial. The grievant may appeal in writing to the
Executive Board of the Association within five (5) calendar days of notification of denial of the
grievance. The Executive Board shall have five (5) calendar days to make final determination of
the appeal. If the Association determines that no grievance exists, the Grievance Committee
Chair shall notify the Chief or designee in writing that no further proceedings will be necessary.
If the Association determines that the grievance is valid, it shall process the grievance on behalf
A the fire fighter(s) by forwarding the written grievance to Step 2 of this procedure.
Step 2
Any grievance found to be valid by the Association shall be submitted to the Chief or the
designee by hand delivery and in writing within ten (10) calendar days of the Step 1 ruling. After
receipt of the grievance, the Chief or designee shall: within fifteen (15) calendar days of receipt
of the grievance submit his or her response in writing to the Association President.
Step 3
If the grievance is not resolved at Step 2, the Association shall have ten (10) calendar days from
receipt of the Chief s decision to submit the matter to arbitration. The arbitration procedure will
42
be implemented by the Association notifying the Chief in writing of their intent to submit the
grievance to arbitration.
Step 4
If a grievance is submitted to arbitration, the City and the Association may, within ten (10)
calendar days of such request, mutually agree to a neutral arbitrator. If the parties are unable to
agree on such an appointment, the City and Association shall, within five (5) calendar days,
jointly request a list of seven (7) arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service. Within ten (10) calendar days following receipt of
the list of arbitrators, the parties shall select an arbitrator by each party in turn striking one name
from the list until only one (1) name remains. The remaining individual on the list shall serve as
the arbitrator. The arbitrator so selected shall, through the agency selected, be promptly notified
of his or her selection and the parties in agreement with the arbitrator shall select a time, place
and date for the hearing of the grievance.
a. Within thirty (30) calendar days after the conclusion of the hearing, the arbitrator shall
issue a written opinion and ruling with respect to the issues presented, a copy of
which shall be mailed or delivered to the Association and the City.
b. With respect to the application, interpretation and enforcement of the provisions of
this Agreement the decision of the arbitrator shall be final and binding on the parties
of this Agreement.
c. The arbitrator's authority shall be limited to the interpretation and application of the
terms of this Agreement and/or any supplement thereto. The arbitrator shall have no
jurisdiction or authority to modify or to establish new provisions as to the present
Agreement, or to arbitrate away, in whole or in part, the provisions or amendments
thereof.
d. The cost of the impartial arbitrator shall be borne by the losing party. In the event of a
composite decision, the arbitrator shall determine the portion of such cost to be borne
by each party. If a transcript of the proceedings is requested, then the party so
requesting shall pay for such transcript, unless otherwise agreed to by the parties.
e. Each party shall be responsible for the cost of the attendance of its witnesses at the
contract grievance hearing.
f. If the final date of any response and/or filing period falls upon a City Holiday
(observed date), Saturday or Sunday, then the due date will fall on the next business
day.
Section 3. Time Limits.
All time limits set forth in this Article maybe extended by mutual consent and in writing, but if
not so extended they must be strictly observed. In the event the Association fails to meet the
time limits at any step of the procedure the grievance shall be considered resolved and no further
action shall be required. Failure by the City to meet the time limits at any step shall be
43
considered a denial of the grievance and shall automatically allow the grievance to proceed to the
next step.
Section 4. Election of Remedies.
It is specifically and expressly understood that filing a grievance under this Article that has as its
last step final and binding arbitration constitutes an election of remedies and any appeal of an
arbitrator's decision in this procedure shall be strictly and solely limited to the grounds that the
arbitrator exceeded their authority and jurisdiction as provided under this Agreement; that the
decision of the arbitrator was procured by fraud or collusion or that the arbitrators decision is
based upon a clear and manifest error of law.
Section 5. Costs.
Each party shall be responsible for the costs of the attendance of its own witnesses at a contract
grievance hearing. Nothing in this Agreement shall prevent the Association from charging non-
members reasonable fees and expenses for representation, in accordance with its by-laws and
other applicable law.
ARTICLE 23
PERSONNEL FILE
A fire fighter, with or without his or her designated representative, shall be entitled to review Lite
contents of his or her department personnel folder, upon request, during normal business hours,
unless an investigation concerning the fire fighter is currently in progress. In the event an
investigation is currently in progress, materials pertaining to that investigation shall not be
available until the investigation is completed.
ARTICLE 24
MISCELLANEOUS
Control of station heating, ventilation and air conditioning systems will be at the discretion of the
on duty station officer subject to management and oversight by the Chief or designee.
ARTICLE 25
CHAPLAIN PROGRAM
One fire fighter shall be appointed by the Chief for duties as the Department Chaplain. The
Chaplain provides guidance and counseling for job related problems, including counseling with
immediate family members, and will assist where possible when fire personnel are injured, ill, or
deceased. The Chaplain will perform other related duties as requested by the Chief.
Chaplain shall use his or her personal vehicle and shall be reimbursed for mileage at the current
City mandated rate.
L�II
ARTICLE 26
HEALTH AND SAFETY
The City and the Association agree that qualified and responsible fire protection and safety,
including rescue and first responder emergency medical service is the primary purpose of the
Department. In order to provide such protection and service to the community, the City and the
Association agree to maintain the highest reasonable standards of safety and health in the
Department, and the Parties intend to eliminate, as much as possible, injuries, illness and death in
the fire service. This Article does not modify or limit the management rights of the Department
or Chief.
Interpretation of this Article shall be subject to the Article 29 Grievance process only in so far as
up to Step 3, which shall be modified by substituting the term "mediation" for "arbitration." The
same changes shall apply to Step 4; however all references to arbitration services, as well as
subparts (a)-(f), shall not apply.
ARTICLE 27
NOTICE
Except as otherwise provided herein, any notice, demand, request or other communication
hereunder given or made by either Party to the other shall be in writing and shall be either hand
delivered (with written receipt obtained) or deposited in the United States mail, postage prepaid,
certified mail, return receipt requested, addressed to the Parties hereto at the respective addresses
set out below, or at such other address as they may provide by written notice to the other Party.
If mailed, a written attachment of the document shall be e-mailed via the City e-mail system to
either the Chief or the Association President.
A. If to City:
City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
B. If to Association:
President
Fort Worth Professional Firefighters Association - Local 440
3855 Tulsa Way
Fort Worth, Texas 76107
ARTICLE 28
SUCCESSORS AND ASSIGNS
This agreement shall be binding upon the successors and assignees of the parties hereto during
the term of this Agreement and no provisions, terms or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever by any change of any kind in
the City Council, management or Charter of the City, or by any change of any kind in the
Executive Board, management or Constitution and By -Laws of the Association.
50
ARTICLE 29
SAVINGS CLAUSE & AMENDMENTS
Section 1. Savings Clause.
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and
effect for the duration of this Agreement, it being the intention of the parties that no portion of
this Agreement or provision herein shall become inoperative or fail by reason of the invalidity of
any other portion or provision. Such invalidated provision(s) shall be the subject of immediate
negotiations between the parties in order to attempt to negotiate a substitute provision. The
obligation to negotiate shall not exceed a thirty (30) day period.
Section 2. Amendments.
Either party may propose an amendment to this Agreement at any time during the duration of the
Agreement, and both parties agree to meet and confer on the proposed amendment. The
Agreement may be amended by mutual agreement of the parties via either reopening the
Agreement or via an attached Memorandum of Understanding, after ratification and City Council
approval.
Section 3. Memorandum of Understanding.
The parties may accomplish a clarification or interpretation of this Agreement by a
Memorandum of Understanding approved by the Association's Executive Board, the City
Manager, and signed by the authorized representatives.
51
ARTICLE 30
DURATION AND TERMINATION
Section L Term of Agreement.
A. This Agreement shall be effective as of the date it is ratified by the City Council
after ratification by the membership of the Association. It shall remain in full force and effect
until the 30ffi day of September, 2013, or until such time as it is superceded by a new agreement,
whichever occurs first; provided however, that in no event shall any part of this Agreement continue
in effect after September 30, 2014. Only specific provisions which are cited in this Agreement are
not subject to this evergreen provision
B. The provisions of this Agreement do not apply to any fire fighter who separates
from City employment before the effective date of this Agreement or before the effective date of
any specific provisions hereof.
Section 2. Funding Obligations.
The City presently intends to continue this Agreement each fiscal year through its term, to pay all
payments due, and to fully and promptly perform all of the obligations of the City under this
Agreement. All obligations of the City shall be paid only out of annual fiscal year revenues and
funds lawfully available and legally unrestricted therefore and appropriated for such purpose by the
City Council, in compliance with the Texas Constitution, Article XI.
Section 3. Voter Disapproval of the Crime Control Prevention District.
A. In the event the voters of the City, at a duly called election concerning the
continuation, dissolution or repeal of the Crime Control and Prevention District, rescind the
authority for the Crime Control and Prevention District sales and use tax, the monetary
obligations of the City under this Agreement shall terminate on the date of the canvass of such
election.
B. In the event of action by the City Council under the prior paragraph, the Parties
shall convene for the purpose of negotiating contract changes in the context of lost funding, but
all other obligations of the Agreement shall otherwise continue unless agreed amendments are
approved by both Parties.
Section 4. City Council Authority,
This Agreement does not impair the authority of the City Council to determine the number of
authorized positions in the Department, or to change the classification of positions.
Section 5. Successor Agreement.
Negotiations for a successor agreement to this agreement shall begin no later than October 1,
2012.
52
1N WTxNI�SS WIREOF, TkiE PARTS HA VE CAUSED TO HAVE CIS AGREEMENT
TO BE SIGNED BY THEIR DULY AUTHORIZED REPRE$ENTATr� ES ON THIS
DAY OF 2010.
CITY OF k'OR.T WORTH
Da1C A, �135C1CI,
City Manager
City of Fort Worth
FORT WORTH PROFESSIONAL FIREFIGH'IEitS
/ z ;Z�
T M6 Tate
President
Fort Worth Professional Firefighters Association
Jim 'bate
President
Fort Worth Professional Firefighters Association
Centatively Agreed for Ratification Purposes
Lovell Denton
Chief Negotiator
City of Dort Worth
Tentatively Agreed for RaEL6cation purposes
53
Contr_
.AU.t}IOY�.2$�.107i
CITY ��I;��ET�RY
T. WORTH, TX
APPENDIX A
FY 0940
AVERAGE 58 HOUR SCHEDULE
Job
Job Title
Code
A
B
C
D
E
F
YO1 /
FIREFIGHTER
1032
HR
$16.48
$1730
$18.16
$19.07
$20.03
$21.03
MO
$3,999
$49198
54,408
$4,628
$4,860
$5,103
AN
$4706
$50.376
$52*894
$55,536
$58,323
$619235
OT
$24.72
$25.95
$27.25
$28.81
$30.04
$31.54
Y02/
FIRE ENGINEER
1031
HR
$22.25
$23.36
MO
$5,399
$5,670
AN
$64,792
$66,037
OT
$33.38
$35.05
Y031
FIRE LIEUTENANT
1030
HR
$24.66
$25.90
MO
$5,985
$6,285
AN
$71,822
$75,421
OT
$37.00
S38.85
Y04 /
FIRE CAPTAIN
1029
HR
S27.64
S29.01
MO
$6,706
$7.041
AN
580,475
$844490
OT
$41.45
$43.52
Y051
FIRE BATTALION CHIEF
1028
HR
$31,73
$33.31
MO
$7,700
$8.084
AN
$92,394
$97,011
OT
$47,59
$49,97
It
..
_ ;.. .,
40 HOUR SCHEDULE
..
Job
Job Title
Code
A
B
C
D
E
F
Y01 /
FIREFIGHTER
1032
HR
$23.07
$24.22
S25.43
$26.70
$28,04
$29.44
MO
$3.999
$4, 198
$49408
S4,626
$4,860
$5103
AN
$47,986
$50,378
$52,894
$55,536
$56,323
$61.235
OT
$34.61
$36,33
$38AS
$40,05
$42.06
$44.16
Y02/
FfRE ENGINEER
1031
HR
$31,15
$32.71
MO
$5,399
$5.670
AN
$64,792
$68,037
OT
$46.73
$49,07
Y03/
FlRE LIEUTENANT
1030
HR
$34.53
$36.26
MO
$5,985
$6,285
AN
$71,822
$75,421
OT
351.80
S54.39
Y04 /
FIRE CAPTAIN
1029
HR
$38.69
$40,62
MO
$6,706
67,o41
AN
$80,475
$84*490
OT
$58,04
$60,93
Y05I
FIRE BATTALION CHIEF
1028
HR
$44.42
$46.64
MO
$7,699
$8,084
AN
$92,394
$97.011
OT
$66.63
$69,96
54
AVERAGE 56 HOUR SCHEDULE
Job
Title
Code
A
B
C
D
E
F
Y01/
FIREFIGHTER
1032
HR
$16,64
$17,48
$18.35
$19.26
$20.23
$21.24
MO
$4,039
$4,241
$4,453
$4,675
$4,909
$5,155
AN
$48,464
$50,898
$53,435
$56,098
$58,906
$614859
OT
$24,96
$26.22
$27.53
$28.89
$30.35
$31-86
Y02 I
FIRE ENGINEER
1031
HR
$2.2.25
$23,36
MO
$5,399
$5,670
AN
$84,792
$689031
OT
$33.38
$35,04
Y03/
FIRE LIEUTENANT
1030
HR
$24,66
$25.90
MO
$5,985
$6,285
AN
$71,822
$75,421
OT
$36.99
$38,85
Y04 /
FIRE CAPTAIN
1029
HR
$27,64
$29,01
MO
$6,706
$7,041
AN
$80,475
$84,490
OT
$41.46
$43.52
Y05 /
FlRE BATTALION CHIEF
1028
HR
$31,73
$33.31
MO
$7,700
$8,084
AN
$92,394
$971011
OT
$47 59
$49.97
�..
.....
>..
40 HOUR SCHEDULE
'
...
_. ..
..
... ..
..
Job
Job Title
Code
A
B
C
D
E
F
Y01 /
FIRE FIGHTER
1032
HR
$23.30
$24.47
$25.69
$26.97
$28.32
$29.74
MO
$47039
$4,241
$41453
$4,675
$4,909
$5,155
AN
$48,464
$50,898
$534435
$56,098
$58,906
$61,859
OT
$34.95
$36,71
$38.54
$40.46
342,48
$44,61
Y02 /
FIRE ENGINEER
1031
HR
$31.16
$32.71
MO
$5,399
$5.670
AN
$64,792
$68,037
OT
$46.73
$49.07
Y03/
FIRE LIEUTENANT
1030
HR
$34.53
$35.26
MO
$5,985
$60285
AN
S717822
$75,421
OT
$51.80
$54.39
Y04 I
FIRE CAPTAIN
1029
HR
$38.69
$40.62
MO
$6.706
$7,041
AN
$80,475
$84,490
OT
$58.04
$00.93
Y05 I
FIRE BATTALION CHIEF
1028
HR
$44.42
$46,64
MO
$7,700
$8,084
AN
$92,394
$977011
OT
$66.63
$69.96
55
AVERAGE 66 HOUR SCHEDULE
Job
Title
Code
A
B
C
D
E
F
Y01 /
FIREFIGHTER
1032
HR
$16,98
$17.83
$18.72
$19.66
$20.64
$21.68
MO
$4,120
54,326
$4,543
$4,770
$5,009
$5,261
AN
S49,442
$51,917
$54,517
$57,242
$60,112
$633128
OT
$25.47
$26.75
$28,08
$29.49
$30.96
$32.52
Y02/
FIRE ENGINEER
1031
HR
M47
$23.59
MO
$5,453
$5,725
AN
$65,437
$68,702
OT
$33.71
$35,39
Y03/
FIRE LIEUTENANT
1030
HR
$24.79
$26,03
MO
$6,015
$6,316
AN
$72,176
$75,795
OT
$37,19
$39.05
Y04/
FIRE CAPTAIN
1029
HR
$27.64
$29.01
MO
$6,706
$7,041
AN
$80,475
$84,490
OT
$41.46
$43.52
Y05/
FIRE BATTALION CHIEF
1028
HR
$31.73
$33.31
MO
$7,700
$8,084
AN
$92,394
$97,011
OT
$47,59
$49.97
40 HOUR SCHEDULE
Job
Job Title
Code
A
t3
C
D
E
F
Y01 /
FIRE FIGHTER
1032
HR
$23.77
$24.96
$26.21
$27.52
S28.90
$30.35
MO
$4,120
$4,326
$41543
$4,770
S5,009
$51261
AN
$49,442
$51,917
$54,517
$574242
$60.112
$63,128
OT
$35.66
$37.44
$39.32
S41.28
$43.35
S45.53
Y02/
FIRE ENGINEER
1031
HR
$31.46
S33.03
MO
$5,453
$5,725
AN
$65,437
$68,702
OT
$47.19
$49.55
Y03/
FIRE LIEUTENANT
1030
HR
$34.70
$35,44
MO
$8,015
$6,316
AN
$727176
$75,795
OT
$52.05
S54.68
Y041
FIRE CAPTAIN
1029
HR
$38,69
$40-62
MO
$6,706
$7,041
AN
$80,475
$84,490
OT
$58.04
$60.93
Y05/
FIRE BATTALION CHIEF
1028
HR
$44.42
$46,64
MO
$7 700
$8,084
AN
$92,394
$974011
OT
$66,63
$69.96
56
AVERAGE 56 HOUR SCHEDULE
Job
Title
Code
A
13
C
D
E
F
Y01/
FIREFIGHTER
1032
HR
$17.06
$17.91
$18.81
$19.75
$20.74
$21.77
MO
$4,141
$4,347
$4,564
$4,793
$5,032
$5,283
AN
$49,691
$52,166
$545766
$57,512
$60,382
$63,398
OT
$25.59
$26.87
$28.22
$29.63
$31.11
$32,66
Y02 /
FIRE ENGINEER
1031
HR
$22.69
$23.83
MO
$50507
$5,782
AN
S66,082
$6%389
OT
S34.04
$35.75
Y03/
IRE LIEUTENANT
1030
HR
$24,91
$26,15
MO
$64044
$6,346
AN
$72,530
$76,149
OT
$37,37
$39.23
Y04/
FIRECAPTAIN
1029
HR
$27.77
$29.16
MO
S61739
$7,075
AN
$80,870
$04,906
Or
$41.66
$43.74
Y051
FIRE BATTALION CHIEF
1028
HR
S31.73
S33.31
MO
$7,700
$8,084
AN
$920394
597,011
OT
$47,59
S49.97
40 HOUR SCHEDULE
Job
Job Title
Code
A
8
C
D
E
F
Y01 /
FIRE FIGHTER
1032
HR
$23.89
$26,08
$26.33
$27.65
$29 03
$30A8
MO
$4,141
$4,347
$4,564
$4,793
$5,032
$5,283
AN
$49,691
$524166
$54,766
$57,512
$60,382
$63.398
OT
$35,84
$3T62
$39.50
$41,48
$43,55
$46.72
Y021
FIRE ENGINEER
1031
HR
$31.77
$33.38
MO
$5,607
$5,782
AN
$66,082
$69,389
OT
$47.66
$50.04
Y031
FlRE LIEUTENANT
1030
HR
S34.$7
$36.61
MO
$6,044
$6,346
AN
$72.530
$76,149
OT
$52,31
$54.92
Y04/
RECAPTAIN
1029
HR
S38 88
S40.82
MO
86,739
ST075
AN
$80,870
$84,906
or
$58 32
$61.23
Y05/
FlRE BATTALION CHIEF
1028
HR
$44,42
$46.64
MO
$7,700
$%084
AN
$92,394
$97,011
OT
$66,63
$69,96
57
40 HOUR SCHEDULE
Job
Title Code
FY 2009/2010
Step A Step B Step C
Y06 /
FIRE DEPUTY CHIEF 1027 HR $50.23 $52.74 $55.38
MO $8,707 $9,142 $9,599
AN $104,478 $109,699 $115,190
Minimum Maximum
FY 2010/2011 Base Base
FIRE DIVISION CHIEF Y07 / HR $47.57 $55.18 Base Pay Range
MO $8245 $9,565
AN $98,946 $114,777
Y06 !
FIRE DEPUTY CHIEF 1027 HR $50.90 $60.57 Base Pay Range
MO $8,823 $10,499
AN $105,872 $125,988
Minimum Maximum
FY 2011 /2012 Base Base
FIRE DIVISION CHIEF Y07 ! HR $48.51 $56.27 Base Pay Range
MO $8,408 $9,754
AN $100,901 $117,045
Y06 /
FIRE DEPUTY CHIEF 1027 HR $51.91 $61.77 Base Pay Range
MO $8,998 $10,707
AN $107,973 $128,488
Minimum Maximum
FY 2012/2013 Base Base
FIRE DIVISION CHIEF Y07 / HR $49.90 $57.88 Base Pay Range
MO $8,649 $10,033
AN $103,792 $120,399
Y06 /
FIRE DEPUTY CHIEF 1027 HR $53.39 $63.53 Base Pay Range
MO $9,254 $11,013
AN $111,051 $132,151
APPENDIX S
SUMMARY OF MATERIAL MODIFICATIONS
The following are important updates that have been made to your Health Plan. Please review
this information carefully. Because these modifications amend the terms of your Plan, please
keep this summary of changes and all other materials relating to your Plan for your information.
Enrollment and Eligibility
aria for Dependents of Active Empoovees
This update is applicable to the Basic and Basic Plus Plan Descriptions only.
This section should be amended to read and include:
d. a child for whom an employee must provide medical support under an order issued under
Chapter 154 of the Texas Family Code, or enforceable by a Texas court, or
e. a grandchild of an enrolled employee provided that (1) the grandchild is unmarried, (2) the
grandchild is under age twentyAve[25j and (3) the grandchild is considered to be the
employee's dependent for federal income tax purposes at the time application for coverage
is made, or
g. A surviving dependent who is a minor child of a peace officer or fire fighter who has died in
the course of the individual'0 duty performed in the individual's position as a result of
exposure to a risk that is inherent in the duty or to which the general public is not
customarily exposed until the earlier of the date the child reaches the age of 18 years or the
date the child becomes eligible for group health coverage through another employer,
(Section 615.074 of the Texas Government Code), or
►ndiscrimination Act of 2008 —
Note: This update is applicable to the Basic, Basic Plus and Traditional Plan Descriptions.
This Act expands genetic nondiscrimination protections under the Plan such that the City of Fort
Worth will not engage in (1) using genetic information about an individual to adjust a group or
individual plan's premiums, deny coverage, or impose a preexisting condition exclusion; (2)
require or request genetic testing; and (3) request, require, or purchase genetic information for
underwriting purposes prior to an individual's enrollment or in connection with enrollment.
Genetic information is defined as information about such individual's genetic tests (e.g., analysis
of human DNA or RNA), the genetic tests of family members of such individual, and the
manifestation of a disease or disorder in family members of such individual.
59
This Law amends the Employee Retirement Income Security Act of 1974, Fair Labor Standards
Act, Public Health Service Act and the Internal Revenue Code of 1986.
+Coverage of Dependent Students on Medically Necessary Leave of Absence (cited
ac "Michalla's I aw"1 _ Fffpr_tivo .lanuary 1. 2MO
Note: This update is applicable to the Basic, Basic Plus and Traditional Plan Descriptions.
If your dependent child who is eligible for coverage and enrolled in this plan by reason of his or
her status as a full-time student at a postsecondary educational institution ceases to be eligible
due to:
• a medically necessary leave of absence from school; or
• a change in his or her status as a full-time student,
resulting from a serious illness or injury, such child's coverage under this plan may continue.
Coverage under this continuation provision will end when the first of the following occurs:
• The end of the 12 month period following the first day of your dependent child's leave of
absence from school, or a change in his or her status as a full-time student;
• Your dependent child's coverage would otherwise end under the terms of this plan;
• Dependent coverage is discontinued under this plan; or
• You fail to make any required contribution toward the cost of this coverage.
To be eligible for this continuation, the dependent child must have been enrolled in this plan and
attending school on a full-time basis immediately before the first day %J the leave of absence.
To continue your dependent child's coverage under this provision you should notify your
employer as soon as possible after your child's leave of absence begins or the change in his or
her status as a full-time student. Aetna may require a written certification from the treating
physician which states that the child is suffering from a serious illness or injury and that the
resulting leave of absence (or change in full-time student status) is medically necessary.
This Law amends the Employee Retirement income Security Act, Public Health Service Act and
the Internal Revenue Code of 1986.
Plan Benefits
Note: This
Note: This
he Select Plan Option is di;
to the Basic, Basic Plus and Traditional
th Parity
and
Addiction tqu�
is applicable
to the
Basic, Basic Plus
and
n
This Act applies to mental health and substance use disorder benefits with respect to services,
as defined under the terms of the Plan and in accordance with applicable Federal and State law.
Financial requirements and treatment limitations of mental health and substance use disorder
benefits must be the same as medical and surgical benefits. The criteria for medical necessity
determinations under the Plan with respect to mental health or substance abuse disorder
benefits will be made available to the Plan Administrator, employee, beneficiary, or participating
provider upon request.
This Law amends the Public Health Service Act, Employee Retirement Income Security Act of
1974 and the Internal Revenue Code of 1986.
This change in the Law requires the following deletion change in the Basic and Basic Plus
Plans, under Mental Health and Alcohol and Drug Abuse:
• (up to 30 days per calendar year. Up to 3 series of treatment for alcohol and drug abuse
per lifetime)
• (up to 30 visits per calendar year)
+Effective 1=1-2009, the following changes were implemented to in -network benefits:
Note: This update is applicable to the Basic and Basic Plus Plan Descriptions only.
Copay for:
Office Visit Primary Care Physician (PCP)
Office Visit Specialist
Urgent Care Center Copayment
Emergency Room Copayment
Deductible:
Single
Family
Maximum Coinsurance:
Single
Family
Prescription Drug
61
Basic Basic Plus
30 $25
$
$40 $35
$60 $60
$150 $125 Annual
$950 $750
$11900 $1,500
$2, 500
$5,000
3
Aetna Tiers
$2,500
$5,000
3 Aetna Tiers
Note: This update is applicable to the Basic and Basic Plus Plan Descriptions only.
Basic Basic Plus
Emergency 100% after $150 copay 100% after $125 copay
Room waived if admitted waived if admitted
+The followmq is updated and amended ror caanflcat�on:
Note: This update is applicable to the Basic and Basic Plus Plan Descriptions only.
Oral Surgery
The plan covers treatment of the mouth, jaws and teeth as follows:
Surgery and General Anesthesia and IV Sedation needed to:
• Treat an accidental injury,
• Remove cysts, tumors or other diseased tissues;
• Alter the jaw, jaw joints or bite relationships to treat TMJ when appliance therapy cannot
result in functional improvement.
+HITECH Act (Effective February 17, 2009 and later dates)
This Act amends the Health Insurance Portability and Accountability Act of 1996 by expanding
the privacy rules that are applicable to health plans, health care providers and health
clearinghouses. The following changes have been made:
• A covered entity must notify participants and the U.S. Department of Health and Human
Services of a breach of unsecured protected health information
• A covered entity must be more expansive with respect to individual rights in the following
areas:
o accounting of disclosures
o restrictions on disclosures
o access to protected health information
• Business associates to a covered entity will become fully subject to the privacy rules
• Civil money penalties for violations of the privacy rules have been increased
+Life Events
Remember that benefit changes you make during the annual enrollment period can only be
changed during the year if you have a Life Event change. Life Events which may allow you to
change your benefit election include such things as marriage or divorce, the birth or adoption of
a child, the death of a dependent, termination, reduction or commencement of your spouse's
employment, unpaid leave of absence, movement between part-time and full-time status and a
dependent no longer qualifying as a dependent. If the benefit costs or coverage of your
spouse's employer change substantially, you may be able to change your benefits. When a life
event chanae occurs, you have 30 days from the _date of the change to make changes in Your
benefits selections. If you do not complete the correct paperwork before the 30-day limit you may not be
able to make the change (i.e. add a spouse).
62
APPENDIX C
Tice City of Fort Worth Health Plan teas different copays €or services provided in tlae office of a Primary Care Physician {PCP)
and for services provided in the office of a Specialist. For purposes of the City's Health Plan, a PCP will be a physician who
has contracted with Aetna as a Primary Care Provider. This will include providers who have contracted as a Family Practice,
General Practice, Internal Medicine, Pediatric or OS/GYN providers and are listed in Aetna`sprovider directory as a PCP or an
OB/GYN provider. All other providers will be considered Specialists. A member is not required to elect a specific PCP and a
referral from file PCP is not required to see a Specialist.
Plan Featarres
Basic Plait
i3asie Plars Plan
In-NetworkOast-of-Network
+
In -Network
Out
-of -Network
Medical lifetime Maximum
Unlimited
$1XWOVOW)
Unlimited
$17(ioolow
Physician's office visit
y Primary Care (PCP)
1(10% after $30
copay 60%
after deductible _ �
100% after $25 copay
65° o
after deductible
Specialist
lot) o after $44)
copay 60%
after deductible =
I(X) r`o after $35 copay
65%
after deductible
Allergy Testing &Treatment (SertnrrJ
liX)odo after $4t3
cx5pay 6uolo
after deductible
100% after $35 copay
6Soin
after deductible
Injections)
.__-...
.. ........
... ................
Routine Physicals/Inwuunization
_. ......---.
Children
Inn% after $30
copay 61)%
after deductible ';
InfMlo after $25 copay
65%
after deductible
7 exams in ist 12 months of life;
2 exams in the 13th-24th month; 1 exam
per calendar year thereafter
Adult 18 and older * I exam per calendar
Lou% after $3t)
copay 600lo
after deductible c
100ob after $2S copay
65%
after deductible
year
Routine GYN Exam
I routine GYN exam per year with I Pap smear
lot)% after $30
copay 60%
after deductible
VXil'o after $25 copay
65oPo
after deductible
& related tab fees
Routine Mammograin
100%
6fM
after deductible ;
It 0WO
659,b
after deductible
Annual mammogram for females ages 443 &
over if at a free-standinq lab
Routine Prostate Specific Antigen (PSA)
t 0%
60%
after deductible ':
11x)%
65%
after deductible
Test & Digital Rectal Exam
Annual DRE & P*SA for males age 40 & over
Refractive Eye Exam (1 exam every 24
I(Xii% after $4o
copay 60%
after deductible '
10ir/b after $35 copay
65%
after deductible
months)
Short -Term Rehabilitation
Physical, speech or occupational therapy for
i000lo after $4t)
copay 6o%
after deductible
Itx) to after $35 copay
65%
after deductible
acute conditions. 60 visits per calendar year
except for speech therapy available for children
up to age 6 (3 times per week) if congenital
anomaly exists.
Spinal Treatment-24 visrts per calendar
100% after $40
copay 60%
after deductible :
VKIWa after $35 copay
6546
after deductible
year limited to one visit and treatinent per day
Annual Deductible
• Individual
$950
$2s000
$750
$115t)u
• Family
$l.guu
$4xlX)0'
$1,SCtt)
$3,CHH7
Plan CoinSnrance
Percent the plan pays after deductible is met
809/0
60olo
85a6
65%
Coinsurance Limit -excludes copays,
deductibles, penalties & expenses paid at 503'o
$2 SOO
$S,tu til
$2,Snu
$4e(XH)
* Individual
Family
$5ratifi
$16,uut3
$S,000
Diagnostic X-ray & lab
• Free-standing facility & services rendered in
1000/0
6mb
after deductible
100%
6506
after deductible
a physician's office when office visit is not
being billed
8(,M aftei- deductible 6twb
after deductible
85% after deductible
65%
after deductible
• Outpatient hospital
Complex Imaging (MRI, PET & CAT scans)
800/6 after deductible 6006
after deductible #
85% after deductible
65%
after deductible
Emergency Room
1t n% after $ISu
copay waived
fg admitted
100% after $12S copay
waived if admitted
_—__......__..----.,........_....—..—...—_..._......_
Non emergency use of emergency room
So% after deductible So%
after deductible
st)% after deductible
so%
__......_. __.
after deductible
Assumes service is provided by PCP
63
Plan Features
Basic
Plan
Basic Plus Plan
In -Network
Out -of -Network
In -Network
Out -of -Network
A€nbulance Services -Emergency Only
Stab after deductible '
80% after deductible
35% after deductible
85% after deductible
Urgent Care Center
100% after $60 copay
60% after deductible
1000/6 after $60 copay
65% after deductible
Anesthesia
80% after deductible
60% after deductible ;
85% after deductible
65% after deductible
Hospital Services
80% after deductible
60% after- deductible '
85% after deductible
65% after deductible
• Inpatient
• Outpatient
80% after deductible
60% after deductible
850.b after deductible
65% after deductible
Maternity
1[Ha% after $31) copay
60% after deductible
100% after $25 copay
65% after deductible
• Office Visit
(copay for initial visit
(copay for initial visit only)
only)
• Delivery Expenses
800/b after deductible
60% after deductible °'
85% after deductible
65% after deductible
Durable Medical Equipment
80% afterdeductible
60% after deductible t
85% after deductible
650)b after deductible
Colonoscopy
• Initial screening
80%; dedurctible waived
60% after deductible '
85%; deductible waived
65% after deductible
• 1 screening every 10 calendar years
for individual age So & over
• Subsequent Colonoscopy(ies)
80% after deductible
60% after deductible
850/° after deductible
65% after deductible
Skilled Nursing/CouvalescentFacility
6r) days per calendar year
8 °/a after deductible
€....
60% after deductible �:
8516 after deductible
65% after' ddeductible
_.....- - ._
----- ..— -- ..
Home Health care 60 visits per calendar
Sri%after deductible ;
60% after deductible
850/. after deductible
65% after deductible
year
Hospice Care 360 days lifetime
maximum
• Inpatient
800/o after deductible
60% after deductible
85% after deductible
65% after deductible
• Outpatient -includes bereavement
counseling & respite care: 3 visits within
8tr% after deductible ;
60% after deductible
85% after deductible
65% after deductible
3 months
Mental Health & Chemical
Dependency Services
8ti3b after deductible
Ora%after deductible
850,b after deductible
65%after deductible
• Inpatient
• Outpatient
tepee% after $40 copaY
60% after deductible
l00% after $35 copay per
65% after deductible
per art
visit
PRESCRIPTION DRUGS
Annual Rx deductible
$Stp
$50
$25
$25
• Retail --up to 30 day supply
10D% after Rx deductible
6r 06 after Rx
loo0t° after Rx deductible
65 after Rx
Generic
& $lu copay
deductible
& $8 dopey
de
eductfble
& $10 copay
& $8 copay
- Brand -nine (formulary)
Irmo after Rx deductible
6(Ab after Rat
100% after Rx deductible
650/6 after Rx
& 0 copay
deductible & $30
& $25 copay
deductible
copay
& $25 copay
- Brand -name
Inn% afteer Rat deductible
6rra i after Rx deducti-
ItaO% Rx after deductible
6S% after Rx
(non -formulary)
& $so copay
ble €r $50 copay
& $45 copay
deductible & $4S
copay
Mail order —up to 90 day supply
- Generic
rei(% after Rx deductible
Not applicable
100% after Rx deductible
Not applicable
& $25 copay
& $20 copay
- Brand -name (formulary)
l00% after Rx deductible
Not applicable'
1tk)% after Rx deductible
Not applicable
& $75 copay
y&
$62.50 dopey
- Brand -name
l000/a after Rx deductible
Not applicable
100% after Rx deductible
Not applicable
(non -formulary)
& $125 copay
& $112,50 dopey
Note:
Important phone Numbers
Only one copa)r wilt apply per office visit.
A PCP can be a gemeral practitioner, famify practitioner, intemist, pediatrician, or
an 08/r3YN. Aetna
Customer service .......................
1-388-398-9967
In -network deductibles and cut-of-nsitwork deductibles and coinsurance accumulate separately. Aetna
Aetna
on -site rep ................................
Rx Home Delivery
917-392-7780
5720
Calendar year and lifetime visit maximums are combined for in -network and out -of
-network Aetna
..............ices.. I-SOG-238-6279
i>haamacy Management Services . 1-30€a-238-6279
services. Prescription Drug deductible is combined
for in -network and out cf-network expenses. HR Berieelts
317-392-7782
.......................................
THE SUMMARY PLAN DESCRIPTION PROVIDES A MORE DETAILED DESCRIPTION OF EACH PLAN
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, April 13, 2010
LOG NAME: 14COLLECTIVEBARGAINING
REFERENCE NO.: C-24185
SUBJECT:
Authorize the Collective Bargaining Agreement Between City of Fort Worth, Texas, and the Fort Worth
Professional Firefighters Association, International Association of Fire Fighters Local 440, to Expire
September 30, 2013
RECOMMENDATION:
It is recommended that the City Council ratify the terms agreed to by the City Manager's negotiating team
and the Fort Worth Professional Firefighters Association and authorize the City Manager to execute a
Collective Bargaining Agreement between the City of Fort Worth, Texas, and the Fort Worth Professional
Firefighters Association, International Association of Fire Fighters Local 440, that will expire on September
30, 2013.
DISCUSSION:
Through the collective bargaining process under Chapter 174, Texas Local Government Code, the City
and the Fort Worth Professional Firefighters Association ("Association") have negotiated and reached
consensus on a Collective Bargaining Agreement ("Agreement") regarding terms and conditions of
employment for Fort Worth fire fighters ("fire fighters").
According to a letter dated April 3, 2010, from Jim Tate, Association President to the City, the Association
conducted contract ratification elections in accordance with its bylaws. The letter reports that a majority of
the Association's members ratified the Agreement.
Ratification by the City Council of this Agreement will put it into effect and cause this Agreement to
supersede any conflicting State or local law.
Key points to the Agreement include:
1. Creation of a new rank of Division Chief, to fall between the ranks of Battalion Chief and Deputy Chief,
which is exempt from competitive examination and instead made by discretionary appointment of the
Chief.
2. Implementation of new hiring procedures to include the use of grouping to allow more flexibility and a
broader candidate pool and allows for a longer probationary period to evaluate new fire fighters.
3. Disciplinary action procedures will include termination without right of administrative appeal if convicted
of a felony; fire fighters must notify the Chief, or his chain of command, within 48 hours of the fire fighter's
felony indictment, arrest or charge of a Class A or Class B misdemeanor or a felony.
4. Staffing Standards guarantees four person staffing except when a fire fighter is absent for training or
other leave of up to four hours.
5. Pension and Health Benefits will remain the same during the course of the Agreement, but allows the
City to raise health care premiums, while maintaining the same percentage level of contribution to that
Logname: 14COLLECTIVEBARGAINING Page 1 of 3
premium cost, as well as make other plan changes, including plan provider, so long as any new plan
remains substantially equivalent to the present plan.
6. Retiree Health Benefits keeps the current City ordinance regarding retirement health benefits for all new
hires after January 1, 2009, in place. Additionally, the City and Association will study other retiree health
care options and the City will contribute $1.6 million (equivalent of two percent of fire fighter's wages) to be
set aside during the last year of the Agreement for retiree health benefits, subject to negotiations in the
next cycle.
7. Pay increases for fire fighters for each year of the four year contract as follows:
Fiscal Year 2009-2010: All eligible fire fighters receive step increase.
Fiscal Year 2010-2011: All eligible fire fighters receive step increase and those at the fire fighter rank
will also receive one percent across the board. In addition, the first phase of a new longevity supplement
pay program will be implemented. This program stipulates that all fire fighters with at least five completed
years of service as a Fort Worth fire fighter will receive three percent of base wages to be paid as
longevity supplement pay.
Fiscal Year 2011-2012: All eligible fire fighters receive their step increase. Several selected ranks will
also receive an across the board increase: fire fighter rank will receive two percent across the board, fire
engineers will receive one percent and fire lieutenants will receive one-half percent across the board. In
addition to the five year threshold, the new longevity supplement pay will expand to reward those fire
fighters with at least 10 completed years of service as a Fort Worth fire fighter with six percent of base
wages to be paid as longevity supplement.
Fiscal Year 2012-2013: All eligible fire fighters receive their step increase. Several selected ranks will
also receive an across the board increase: Fire fighter rank will receive cone -half percent across the
board increase, fire engineers will receive one percent, fire lieutenants will receive one-half percent and
fire captains will receive cone -half percent across the board. In addition to the longevity supplement pay
described in Fiscal Year's 2010-2011 and 2011-2012, the longevity supplement pay will expand to reward
those fire fighters with at least 15 completed years of service as a Fort Worth fire fighter with nine percent
of base wages to be paid as longevity supplement.
No additional longevity pay supplements will be paid during the evergreen period of the Agreement.
Other provisions of the Agreement include: Creation of an Association Business Leave Pool for select
fire fighter use in conducting Association business; a dispute resolution procedure for resolving
disagreements related to interpretation and application of this Agreement; compensatory time; a chaplain
program; a management rights clause; and a date certain for beginning negotiations on the next
Agreement.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current year's budget,
as appropriated, to meet the City's financial obligation under the Agreement in Fiscal Year 2009-2010.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
Logname: 14COLLECTIVEBARGAINING
Page 2 of 3
C��F:TIFICATIONS:
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
1. 1.4Collective Bargaining Ag_reemen_t.pdf (Public)
Tom Higgins (6192)
Karen Marshall (7783)
Benita Harper (6140)
Logname: 14COLLECTIVEBARGAINING Page 3 of 3
Kayser, Mary
�fooIt
From: Alanis, Susan
Sent. Wednesday, June 01, 2016 5:41 PM
To: Kayser, Mary
Subject: RE: Collective Bargaining Agreement with Fire (440)
Attachments: 2014-09-10 MOU to Extend Evergreen Terms - REJECTED BY 440.doc
This may be what you are referencing. We offered an MOU to extend the terms but they rejected it. I assume you also
have the agreement that was reached in October 2014, right?
From: Kayser, Mary
Sent: Tuesday, May 31, 2016 3:39 PM
To: Alanis, Susan
Subject: Collective Bargaining Agreement with Fire (440)
While searching for something else I found a reference to the MOU with that we entered into with Fire while
we were in the Evergreen period of their contract. Should a copy of that be in our files here in CSO? We have
the Collective bargaining contract that expired in 2013 but nothing else that I can find.
Mary J. Kayser, TRMC MMC
City Secretary
City Secretary's Office
1000 Throckmorton
Fort Worth. TX 76102
817-392-6161
817-944-811 1 (cell)
mal:y.kayser@fortworthtexas.gov
1
MEMORANDUM OF UNDERSTANDING (IVIOU)
Between
City of Fort Worth and Fort Worth Firefighter 's Association Local 440
This is an agreement between City of Fort Worth, on behalf of the Fort Worth Fire
Department, hereinafter called "the City, " and Fort Worth Firefighter's Association
Local 440, hereinafter called "the Association."
I. PURPOSE &SCOPE
The purpose of this MOU is to state the parties' agreement with regard to extending the
provisions of the current Collective Bargaining Agreement existing between the parties
for the period of time beginning October 1, 2014 and ending on January 10, 2015,
referred to herein as "the extension period."
II. BACKGROUND
On April 13, 2010, the City of Fort Worth and the Association entered into a Collective
Bargaining Agreement (City Secretary Contract Number 40074) (CBA) to, among other
things, establish rates of pay, benefits, hours of work, and other terms and conditions of
employment for members of the Association's bargaining unit. By its terms, the CBA
ends on September 30, 2014, which is the expiration of the evergreen period provided for
in the CBA.
In November 2012, the City and the Association began negotiations regarding a
successor CBA. Those negotiations reached impasse on December 31, 2013. The parties
reinstituted negotiations for a successor CBA on August 12, 2014 and have met four
times since that date, in an effort to reach an agreement. As a result of those meetings,
the parties have tentatively agreed to five Articles that will be included in a successor
CBA if agreement is reached on all issues involved in the negotiations.
The parties mutually agree that it is in their best interests to extend and continue the terms
of the CBA past the expiration of evergreen period, until January 10, 2015.
III. AGREEMENT OF THE PARTIES
The City and the Association agree that all of the provisions of the CBA, except as
provided below, will continue in force and effect during the extension period, ending on
January 10, 2015, or until a successor CBA is executed, whichever occurs first. The
parties further agree that, notwithstanding the foregoing, during the extension period, the
City can pass one or more ordinances affecting the pension benefits of fire fighters hired
before January 10, 2015, provided that such changes are not implemented until on or after
January 10, 2015. The parties further agree that Article 16, Section 2 of the CBA allows
the City to make changes to the pension benefits for fire fighters hired after September
30, 2013. The City agrees that if it passes one or more ordinances during the extension
Page 1 of 2
period, pursuant to Article 16, Section 2, affecting the pension benefits for fire fighters,
the City will limit the application of those changes to fire fighters hired on or after
January 10, 2015 and that any such changes will not be implemented until on or after
January 10, 2015.
The Association agrees not to submit to the Fire Chief, pursuant to Article 22 of the
CBA, any individual or class grievance asserting that implementing any provision in this
MOU violates or conflicts with any provision in the CBA, including, but not limited to,
Article 5 of the CBA — Maintenance of Standards, or state or federal law. This agreement
does not affect the right of the Association to file or prosecute a grievance claiming that
the City violated any provision of the CBA, that is unrelated to the subject matter of this
MOU, or the existence of the agreed extension period provided for in this MOU.
The Association and the City agree that the ratification and approval procedures set out in
Article 29 of the CBA are not applicable to this MOU.
The parties further agree that by proposing, negotiating, or executing this MOU, neither
of the parties has violated its duty to bargain collectively in good faith provided in Texas
Local Government Code Section 174,105.
IV. AMENDMENTS TO THIS MOU
It is mutually understood and agreed by and between the parties that any amendments to
or termination of this MOU can be accomplished only by written agreement of both
parties, signed by authorized representatives of the parties.
V. EFFECTIVE DATE AND SIGNATURE
To the extent allowed under applicable law and the CBA, the parties agree that the
agreements made in this MOU shall be effective on the date this MOU is fully executed,
and will remain effective until January 10, 2015, or until the effective date of a successor
CBA, whichever occurs first.
The City and the Association evidence their agreement to this MOU by the signatures of
their respective authorized representatives, below.
City of Fort Worth:
Printed name and title
Fort Worth Firefiglrter's
Association Local 440:
Date Printed name and title
Date
Page 2 of 2
3:MyF
From: Alanis, Susan
Sent: Wednesday, June 01, 2016 5:41 PM
To: Kayser, Mary
Subject: RE: Collective Bargaining Agreement with Fire (440)
Attachments: 2014-09-10 MOU to Extend Evergreen Terms - REJECTED BY 440.doc
This may be what you are referencing. We offered an MOU to extend the terms but they rejected it. I assume you also
have the agreement that was reached in October 2014, right?
From: Kayser, Mary
Sent: Tuesday, May 31, 2016 3139 PM
To: Alanis, Susan
Subject: Collective Bargaining Agreement with Fire (440)
While searching for something else I found a reference to the MOU with that we entered into with Fire while
we were in the Evergreen period of their contract. Should a copy of that be in our files here in CSO? We have
the Collective bargaining contract that expired in 2013 but nothing else that I can find.
City Secretary
City Secretary's Office
1000 Throckmorton
Fort Worth, TX 76102
817-392-6161
817-944-8111 (cell)
mary.kayser@fortworthtexas.gov