MEMORANDUM OF UNDERSTANDING (2)MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is entered into on this OZ day
of October 2024, by and between the CITY OF CLEARWATER ("City"), and
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1158 ("Union").
WHEREAS, the City and Union are parties to a collective bargaining
agreement ("CBA") with a term covering October 1, 2021 through September 30,
2024;
WHEREAS, the CBA is in the status quo period due to ongoing bargaining;
WHEREAS, some City employees have been significantly impacted by
Hurricanes Helene and Milton;
WHEREAS, due to the effects of Hurricanes Helene and Milton, the City has
created a City policy which establishes a Hurricane Helene/Milton Emergency Relief
Leave Pool ("Emergency Leave Pool");
WHEREAS, the purpose of the Emergency Leave Pool is to provide leave to
City employees who have been significantly impacted by Hurricanes Helene and
Milton;
WHEREAS, the Parties agree that it is necessary to set forth procedures and
conditions for the Emergency Leave Pool which are not governed by CBA;
NOW THEREFORE, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and
the Parties have further agreed as follows:
1. All bargaining unit members are eligible to participate in the Emergency
Leave Pool. The terms and conditions of the Emergency Leave Pool are set
forth in Exhibit A, which is incorporated by reference.
2. The Parties agree that the terms and conditions of the Emergency Leave Pool
can be changed at the sole discretion of the City.
3. On behalf of bargaining unit members covered by this CBA, the Union hereby
waives any right of these members to utilize the Grievance Procedure
concerning any matter related to the Emergency Leave Pool or this MOU.
4. On behalf of bargaining unit members covered by this CBA, the Union hereby
waives any right related to a ratification vote for this MOU.
5. All other terms and conditions of the CBA will remain in full force and effect.
1
6. This MOU shall not create or establish a practice or precedent.
7. The Parties agree that this MOU constitutes their final understanding and
agreement with respect to the subject matter hereof and supersedes all prior
or contemporaneous negotiations, promises, covenants, agreements, or
representations concerning all matters directly, indirectly, or collaterally
related to the subject matter of this MOU.
IN WITNESS WHEREOF, the Parties hereto by their duly authorized officials have
made and executed this Memorandum of Understanding as of the day and year first
written above.
10/20/2024
David Sowers Date
IAFF President
CITY OF CLEARWATER, FLORIDA
Je ni "r Poirrier
City Manager
Approved as to form:
Owen Kohler
Lead Assistant City Attorney
Date
Attest:
Q-4
C-
2
Rosemarie Call
City Clerk
Hurricane Helene/Milton Emergency Relief Leave Pool
A Hurricane Helene/Milton emergency relief leave pool ("Emergency Leave Pool")
has been established for all vacation or floating holiday leave accruing employees subject
to the provisions contained in this policy. The purpose of the Emergency Leave Pool is
to provide leave to permanent employees who have been significantly impacted due to
Hurricanes Helene or Milton.
1. Donations and Use
a. Employees may donate up to 32 hours at 100% value from their vacation or
floating holiday leave balances to the Emergency Leave Pool during the
months of October and November 2024. 53 -hour IAFF employees may
donate up to 72 hours at 100% value from their vacation or floating holiday
leave balances during months of October and November 2024. All
Emergency Leave Pool donations must be submitted on the appropriate HR
form, available from department payroll preparers or Human Resources.
b. Donations of leave time to the Emergency Leave Pool are irrevocable. In
the event that leave time remains in the pool after all requests have been
exhausted, the remaining donated pool leave time will be refunded to the
donors on a pro rata basis.
c. All permanent employees are eligible to request leave time from the
Emergency Leave Pool. All leave pool requests must be submitted on the
appropriate HR form and accompanied by documentation in a form
specified by Human Resources. Completed Emergency Leave Pool
Request Forms should be forwarded to the Human Resources Department.
d. Requests for leave time from the pool are limited to a maximum of one work
week or portions thereof. Employees must have exhausted all other paid
leave time benefits to be eligible to receive leave time from the Emergency
Leave Pool. However, employees may apply for leave time from the pool
prior to the expiration of paid leave time benefits. Employees will have the
opportunity to explain leave pool requests to their Department Director
Human Resources Director if so requested.
2. Approval Procedures
a. The Human Resources Director will review requests for leave time and seek
input from the requesting employee and their Department Director. If the
request involves a bargaining unit member, the Human Resources Director
will also seek input from the applicable union president.
b. In making its determination, the Human Resources Director will review the
needs and circumstances of the employees who have been significantly
Exhibit A
impacted due to Hurricane Helene and/or Milton and utilize eligibility criteria
established for FEMA Assistance.
c. The Human Resources Director shall show responsible judgment and act
in the best interest of the employees in the execution of the duties and
responsibilities defined in this policy or in the internal procedures thereof.
d. The decision of the Human Resource Director is final and not subject to the
grievance procedures, or the civil service appeal process contained in the
HR Policy Manual or any collective bargaining agreement.
3. The Human Resources Director will provide oversight and administration of the
Emergency Leave Pool. The Human Resources Director may delegate their
authority relating to this policy to the Human Resources Assistant Director.
4. The Finance, Human Resources, and Legal Departments may recommend
changes to procedures, forms, and rules deemed necessary for its effective
operation. The City Manager or designee will make the final determination on
proposed changes.
Exhibit A