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Home My WebLink AboutCOD-049-04 , Cl!JlmglOn REPORT CORPORATE SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: October 4, 2004 Resolution #: (~j?1l 'tc3e-/ Report #: COD-049-04 File#: By-law #: Subject: Emergency & Fire Services Promotional Policy Agreement Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-049-04 be received; 2. THAT the attached Promotional Policy be approved and endorsed by Council for incorporation into the existing Collective Agreement, 3. THAT future modifications to the attached Promotional Policy be made upon mutual agreement by both parties and/or future negotiations, 4. THAT the Clarington Fire Fighters Association, Local 3139 be thanked for their co-operation, and informed of the endorsement. Submitted by: '/;)D Reviewed bl::X.(."{~-s-~ Franklin Wu Chief Administrative Officer ane Marano Director of Corporate Services MM/ca 1~1l4 REPORT NO.: COO-D49-D4 PAGE 2 BACKGROUND 1. On April 30, 2003 the Clarington Fire Fighters Association, Local 3139 and the Municipality of Clarington signed a Memorandum of Understanding agreeing to form a Promotional Policy Committee with representation from the Association and the Municipality of Clarington. It was agreed that the Committee would develop a Promotional Policy containing selection criteria to ensure consistent and fair practices are followed when promotions become available. 2. The resulting Promotional Policy (see attached) has been approved by the Committee and subsequently ratified by the members of the Clarington Fire Fighters Association, Local 3139. The Chief Administrative Officer has signed the memorandum for recommendation to Council. 3. Once endorsed by Council, the Promotional Policy will supersede various provisions of the Collective Agreement concerning promotions, however if either party is in default of the Promotional Policy, the Collective Agreement will prevail. Any future changes or amendments to the Promotional Policy may be made upon mutual agreement by both parties. Attachments: Schedule "A": Promotional Policy Agreement CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-6506 1205 Schedule "A" Report COD-049-04 Promotional POliCY Al!:reement Effective Date: Upon Ratification by Municipality PURPOSE: This promotional policy will be implemented and apply to all affiliated (Association) promotions, privileges and advancements as they are deemed necessary. PROMOTIONAL BOARD: Fire Chief, Human Resources Manager, Union Local 3139 Executive Member holding the rank of Captain. (Determined by the Executive Committee) PROMOTIONAL BOARD RESPONSffiILITIES: At the time of the posting of a promotional position, the Promotional Board will be responsible for the following: 1. Confirm eligibility of the applicants, 2. Seniority Date of applicants, 3. Design the Oral presentation/subject matter and evaluation criteria, - The subject matter will be given to applicants in advance and it will be the same subject matter for all applicants within that job posting. 4. Design the Practical Scenario and evaluation criteria, -The same practical scenario will be used for all applicants for that job posting. 5. Establish exain topics, create a pool of pre-approved questions and submit to fIre chief for final selection. 6. Review continued education criteria, 7. Assign and review the point system adopted, 8. Be available to review the written and practical examinations with all candidates. 9. Ensure resource materials are available to all applicants. APPEAL BOARD: The Appeal Board is made up of the following persons: Divisional Chief, Director of Corporate Services, President of Local 3139, or his/her designate. l~lIo I Schedule "A" Report COD-049-04 APPEAL BOARD RESPONSIBLITIES; The Appeal Board was established to review any appeal initiated when an individual is aggrieved by the decision of the Promotional Board. The Appeal Board will hear the concerns, review the information and will make a final decision on the issue and forward that to the Promotional Board. The Appeal Board's decision will be final. ADVANCEMENT CRITERIA AND POINT SYSTEM: The following criteria and point system, has been established for all future advancements from dispatcher to probationary firefighter, from first class fIrefighters to Eligibility list, from Eligibility list to Acting Captain, and from Acting Captain to Captain. ELIGIBILITY: A Candidate must have occupied the pre-requisite position for a minimum of 3 years immediately proceeding the posting, in order to be eligible for advancement, and then must obtain/maintain an overall average mark of at least 75% on the following: Written Examination Practical Scenario 60% of Total Mark 40% ofTotal Mark The written and practical examinations will be based on Emergency Services policies, Protocol, procedures and required knowledge relating to the specific position. There is no differentiation beyond 75% unless a tie occurs in the ranking. Firefighters and Acting Captains must fe-qualifY every three years in order to maintain their eligibility. RANKING: When being advanced from the eligibility list to an Acting Captain or from Acting Captain to Captain the following Ranking criteria will be used: Positional Seniority Date 4pts/yr in the position to a max of 10 vears 40 Points Oral Presentation/Interview Topic chosen by 25 Points Promotional Board Job Seniority Date (Date of Hire) 1 pUyr to a max of 15 15 Points years Continued Education Ontario Fire College 10 Points successfully completed courses and other Emergency Services related courses/seminars Personnel Record Candidates start with 10 Points 10 points and receive a reduction of points for disciplinary CRITERIA COMMENT MAX POINTS 1~07 2 Schedule "A" Report COD-049-04 memos on file, based on the severity of the offence. Only the HR Manager and Fire Chief will have access to the personnel file, unless the candidate authorizes the entire promotional board to review the file. GENERAL CRITERIA: I. In the event of a tie in ranking between two candidates in the above marking system, the Promotional Board will use the highest average mark on the total of the qualifYing or re-qualifying written and practical examinations to determine the successful candidate(s). 2. Only the written and the practical examinations will be used when re-quaIif'ying for the position of Eligibility list and Acting Captain positions. Exams will be scheduled in September or October. Ranking will be determined upon vacant position job postings. 3. Seniority Date and Positional Seniority Date will be determined in the calendar year that the promotion is posted. 4. Each participant will be given the opportunity to review their points and address concerns with the Promotional Board 5. The promotional policy will be utilized in each division of the Fire Department when promotions are required. Where modifications maybe necessary to accommodate each unique situation, these modifications shall be reviewed and implemented by the Promotional Policy Committee that has been established and agreed upon by both parties, (Management and Union Executive Representatives). Note: 6. Where a situation exists that there are no candidates that meet the minimum criteria (ex. - 3 years in the pre-requisite position eligible), Management and Local 3139 President shall agree to lower that specific requirement to accommodate enough personnel eligible for the position(s) available to be filled, or depending on the specific circumstances. Any reference to "Acting Captain Position" is not intended to express an opinion on the privilege position question. The Policy Committee; will stand in place until such time that the policy is adopted and the system has been implemented and reviewed by the committee. ; Promotional policy committee members: M. Creighton, B. Hesson, G. Weir, S. Schweizer, B. McCutcheon, R. Day and B. Reid. 12utj 3 Schedule "A" Report COD-049-04 Having already been ratified by both the Clarington Fire Fighters Association, Local 3139 and the Corporation of the Municipality ofClarington, the parties agree to the adoption of the above Promotional Policy effective upon ratification of Municipality. Any promotional advancements for Association positions, as referenced on the wage grid within Clarington Emergency and Fire Services Department from that date forward shall be in accordance with the current ratified Promotional Policy, notwithstanding Articles 13.01, 13.02, 13.03, 13.04 of the Collective Agreement between the Clarington Fire Fighters Association and the Corporation of the Municipality ofClarington. In the absence of a prevailing Promotional Policy, or should any party be in default with the terms of the Promotional Policy then the above-noted articles apply. At the expiration of the current collective agreement the prevailing Promotional Policy shall be submitted for the consideration of being adopted into the newly negotiated contract, if agreeable to both parties. Should any changes be made to the Promotional Policy it will be necessary that it be brought before both parties for further ratification before being adopted into the Collective Agreement. The most current ratified Promotional Policy will continue to prevail while in negotiations and even when the current Collective Agreement has expired. Subject to the default provisions above. Agreed to thisa>"ifif ~ki<., 2004. Signatures: For the Municipality of Clarington: For the C1arington Fire Fighters Association, Loca13139: $J~ (J- P MiKe Creighton, Fire Chief J?c~ Bob McCutcheon - Association President Local 3139 r~,c~_C '- . - Franklin Wu Chief Administrative Officer Endorses for recommendation to Council for Ratification C,,- il -"""-,, 121J9 4