191378

The City of Portland ordains:

Section 1. The Council finds: 

1. The City and the Portland Fire Firefighters Association (PFFA) are parties to a collective bargaining agreement (CBA) effective July 1, 2019 to June 30, 2023.
2. The PFFA is the sole and exclusive bargaining agent for all sworn personnel at Portland Fire & Rescue (PF&R), excluding the Fire Chief, Fire Marshall, Division Chiefs, Deputy Chief and Assistant Fire Marshall, in classifications set forth in Schedule A of the CBA.
3. On or about November 17, 2022, pursuant to the requirements of the Public Employees Collective Bargaining Act (PECBA), representatives of the City on behalf of PF&R entered into negotiations for a successor CBA with PFFA. The parties used Interest Based Bargaining and the Affinity Bargaining model to negotiate the non-economic and economic terms and conditions. 
4. On June 21, 2023, representatives of the City on behalf of PF&R and the PFFA signed a Tentative Agreement (Agreement), Exhibit A attached, that outlines the terms and conditions of employment for represented employees in the PFFA bargaining unit at PF&R for the period of July 1, 2023 to June 30,2027 (2023-2027 CBA).
5. At all times during the negotiations of the Agreement, the parties committed themselves to transparent information sharing and substantive and respectful dialogue.
6. The Agreement meets the City's bargaining interests by securing a four-year labor agreement and agreeing to a new Accountability Rubric and the implementation of performance evaluations, a Mandatory Callback policy, memorialize the 1:3:2:3 suppression schedule for Emergency Operations personnel, improved language regarding the retire/rehire program, new and ongoing funding specific for health and wellness initiatives and a Behavioral Health Coordinator, and wage adjustments and an increase of the entry rate of pay for Fire Fighters to address market concerns.
7. This Agreement also assists the City in recruiting and retaining highly qualified Fire Fighters through additional premium pay incentives focusing on training and certifications for qualifying PFFA members, as follows:
   1. Language Pay Differential effective July 1, 2023. On December 16, 2020, Portland City Council unanimously passed Resolution No. 37525 to authorize a Language Pay Differential policy to compensate qualifying multilingual City employees who use their language skill to assist the community within their scope of work.
   2. For employees assigned as trainers at TAC/Station 2, an increase in premium pay from six percent (6%) to nine percent (9%), effective July 1, 2023. 
   3. Effective January 1, 2024, officer coaching premium pay of six percent (6%). 
   4. Effective July 1, 2023, an increase in the certified paramedic premium from eleven percent (11%) to twelve percent (12%). Effective July 1, 2024, the certified paramedic premium will increase to thirteen percent (13%). 
   5. A three percent (3%) Battalion Chief certified paramedic premium, effective July 1, 2023.
   6. Effective July 1, 2023, adjustment to standby pay for Investigator and Backup PIO to reflect the Oregon minimum wage. 
8. Effective, July 1, 2023, employees on a 42-hour shift or a suppression schedule will receive premium pay for working certain holidays. For the first two years of the CBA, employees will compensated at an additional half-time for working regularly assigned or callback shifts for seven holidays; for the final two years of the CBA, they will be compensated at an additional half time for working regularly assigned or callback shifts for six holidays. 
9. Effective January 1, 2025, employees on the 42-hour shift or the suppression schedule will have their vacation accrual banks credited with additional hours to reflect the Juneteenth holiday. Additionally, vacation leave accruals for the 42-hour and suppression schedule employees will be adjusted to allow for even increases year to year. 
10. Upon ratification, employees who have completed their twenty-fourth (24th) year of service as a sworn member shall receive longevity pay of seven percent (7%) of top-step Firefighter.
11. To address recruitment and retention and maintain competitiveness within the market, the Agreement provides across-the-board increases for all classifications within Schedule A as follows:
    1. One and two-tenths percent (1.2%) effective July 1, 2023; 
    2. Eight-tenths percent (0.8%) effective July 1, 2024; 
    3. Five-tenths percent (0.5%) effective July 1, 2025; and 
    4. Two percent (2.0%) effective July 1, 2026
12. Effective July 1, 2023, the Schedule A will be adjusted to reflect the following:
    1. Firefighter: Reach top-step in four (4) years (a reduction of one (1) year);
    2. Lieutenant: Reach top-step in three (3) years (a reduction of one (1) year);
    3. Fire Inspector: Reach top-step in three (3) years (a reduction of one (1) year);
    4. Harbor Pilot: Reach top-step in three (3) years (a reduction of one (1) year); and
    5. Add the Hazardous Materials Coordinator Classification (paid as Staff Fire Captain)
13. Employees in PFFA will receive a Cost-of-Living Adjustment (COLA) of five percent (5%) effective July 1, 2023. Cost of living increases effective July 1, 2024,  July 1, 2025, and July 1, 2026 will be tied to the CPI-W West - Size Class A with a minimum increase of one percent (1%) and a maximum increase of five percent (5%).
14. The terms and conditions of the Agreement shall be reduced to a successor collective bargaining agreement and shall conform substantially to Exhibit A (the 2023-2027 CBA).
15. The Mayor, the Chief Human Resources Officer, the Fire Chief, and the City Auditor shall be authorized to execute the 2023-2027 CBA with approval as to form by the assigned attorney from the City Attorney’s Office.

NOW, THEREFORE, the Council directs:

1. The Agreement between the City and the PFFA attached hereto as Exhibit A is ratified by this Council.
2. The 2023-2027 successor CBA shall be in a form substantially similar to Exhibit A.
3. The Mayor, the Chief Human Resources Officer, the Fire Chief, and the City Auditor are authorized to execute the 2023-2027 successor CBA between the City and the PFFA relating to the terms and conditions of employment for represented employees in the PFFA bargaining unit for the period of ratification to June 30, 2027, with approval as to form by the assigned City Attorney.
4. Council directs the City Budget Office to make one-time funding available to the Portland Fire and Rescue Bureau in accordance with the Fiscal Year 2023-2024 costs of this agreement as part of the Fiscal Year 2023-2024 Fall Budget Monitoring Process (BMP).
5. Council directs the City Budget Office to increase the Current Appropriation Level targets of the Portland Fire and Rescue Bureau in Fiscal Year 2024-2025,  Fiscal Year 2025-2026, and Fiscal Year 2026-27 by agreed to costs in this collective agreement.  
6. This ordinance is binding City policy. 

Section 2. The Council declares that an emergency exists because immediate effectiveness will support labor peace and delay would unnecessarily delay the orderly implementation of the provisions of this collective bargaining agreement; therefore, this Ordinance shall be in full force and effect after its passage by the Council.