White Plains Urban Renewal Agency

THE CITY OF WHITE PLAINS Official Proceedings of the Common Council Vol. 99 City of White Plains, N.Y., April 22, 2013 No. 11 THE CITY OF WHITE PLAINS OFFICERS Mayor.... THOMAS M. ROACH Council President.... BETH N. SMAYDA City Clerk.... ANNE MCPHERSON ________ COUNCIL MEMBERS: Benjamin Boykin, II Milagros Lecuona John Kirkpatrick John M. Martin Dennis E. Krolian Beth N. Smayda The Special Meeting of the Common Council called for Monday, April 22, 2013, at six o'clock in the evening in the Mayor's Conference Room, Municipal Building. Mayor Roach presiding and the following Members present: Mr. Boykin, Mr. Kirkpatrick, Mr. Krolian, Mr. Martin, Mrs. Lecuona, and Mrs. Smayda. ________ The Special Meeting was called to consider ordinance in relation to stipulations of agreement with both the White Plains Professional Fire Fighters Association, Local 274 IAFF, AFL-CIO, and the Deputy Chiefs Unit, extending the collective bargaining agreements for five years through June 30, 2015; and to discuss the Proposed 2913-2014 Tax Budget of the City of White Plains - Expenditures: Public Works. ________ Communication received from the Mayor. Mrs. Smayda moved that it/they be filed and spread in full upon the minutes. Mr. Boykin seconded the motion. Carried. TO THE HONORABLE MAYOR AND MEMBERS OF THE COMMON COUNCIL In accordance with the authority granted to the Mayor as Chief Executive Officer under the Taylor Law, Civil Service Law §200 et seq., representatives of the City have conducted negotiations for a new labor contract with both the White Plains Professional Fire Fighters Association, Local 274 IAFF, AFL-CIO, and the Deputy Chiefs Unit. As a result of these negotiations, the parties have entered into stipulations of agreement which extend the collective bargaining agreements ending June 30, 2010 for both the PFFA and In accordance with the authority granted to the Mayor as Chief Executive Officer under the Taylor Law, Civil Service Law §200 et seq., representatives of the City have conducted negotiations for a new labor contract with both the White Plains Professional Fire Fighters Association, Local 274 IAFF, AFL-CIO, and the Deputy Chiefs Unit. As a result of these negotiations, the parties have entered into stipulations of agreement which extend the collective bargaining agreements ending June 30, 2010 for both the PFFA and the Deputy Chiefs Unit for five years through June 30, 2015. Submitted herewith for your approval are ordinances approving and ratifying the settlement of the negotiations. Sincerely, Thomas M. Roach, Mayor April 19, 2013 ________ Mrs. Smayda offered the following ordinance and asked unanimous consent to move its adoption, "Ordinance approving and ratifying the April 14, 2013 stipulation of agreement between the negotiating representatives of the City of White Plains, and the Professional Fire Fighters Association, Inc., authorizing the Mayor to direct the Budget Director to transfer the necessary funds and the Commissioner of Finance to start payments under the agreement, and authorizing agreement containing the terms of the agreement." Unanimous consent granted. Mrs. Smadya moved adoption of the ordinance. AN ORDINANCE APPROVING AND RATIFYING THE APRIL 14, 2013 STIPULATION OF AGREEMENT BETWEEN THE NEGOTIATING REPRESENTATIVES OF THE CITY OF WHITE PLAINS, AND THE PROFESSIONAL FIRE FIGHTERS ASSOCIATION, INC., AUTHORIZING THE MAYOR TO DIRECT THE BUDGET DIRECTOR TO TRANSFER THE NECESSARY FUNDS AND THE COMMISSIONER OF FINANCE TO START PAYMENTS UNDER THE AGREEMENT, AND AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT CONTAINING THE TERMS OF THE AGREEMENT. WHEREAS, representatives of the City of White Plains (the "City"), and the Professional Fire Fighters Association, Inc., Local 274, IAFF, AFL-CIO (the "Union"), have reached a tentative agreement to extend the prior collective bargaining agreement between the City and the Union, which covered the period July 1, 2008 through June 30, 2010, upon the same terms and conditions except as specifically modified in the April 14, 2013 Stipulation of Agreement entered into between the negotiating representatives of the City and Union, for five years from July 1, 2010 up to and including June 30, 2015; and WHEREAS, the Union, by a majority vote of the membership, ratified the tentative Agreement; and WHEREAS, the spirit of the Agreement calls for the City to implement the terms of the Agreement as soon as possible; and NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The Stipulation of Agreement entered into April 14, 2013, by and between the representatives of the City and the Union, and set forth below, is hereby ratified and approved by the Common Council: STIPULATION OF AGREEMENT made and entered into this 14th day of April 2013, by and between the negotiating representatives for the City of White Plains and the Professional Firefighters Association, Inc., Local 274, I.A.F.F., A.F.L.-C.I.O. ("the PFFA"). Section 1. The Stipulation of Agreement entered into April 14, 2013, by and between the representatives of the City and the Union, and set forth below, is hereby ratified and approved by the Common Council: STIPULATION OF AGREEMENT made and entered into this 14th day of April 2013, by and between the negotiating representatives for the City of White Plains and the Professional Firefighters Association, Inc., Local 274, I.A.F.F., A.F.L.-C.I.O. ("the PFFA"). WHEREAS, the parties have engaged in negotiations in good faith in an effort to arrive at a successor collective bargaining agreement to the one that expired on June 30, 2010; and WHEREAS, the parties have arrived at a tentative agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: 1. The provisions of this Stipulation are subject to ratification by the PFFA's membership by not later than 9:30 a.m. on Friday, April 19, 2013 and ratification and approval by the Common Council. 2. The respective negotiating committees' representatives agree to recommend this Stipulation for ratification/approval. 3. A copy of this original document has been furnished to representatives of the City and the PFFA. 4. All proposals not covered herein made by either party during the course of the negotiations shall be deemed dropped. 5. The PFFA withdraws, with prejudice, PERB Case No. U-30274. 6. The PFFA waives its right to file any other action and/or lawsuit challenging the May 24, 2010 Ordinance. 7. Article XXXIX (Wages) . Effective July 1, 2010, each step on the salary schedule shall remain the same as was in effect on June 30, 2010. Effective July 1, 2011, each step on the salary schedule shall remain the same as was in effect on June 30, 2011. Effective July 1, 2012, each step on the salary schedule be increased by 2%. Effective July 1, 2013, each step on the salary schedule shall be increased by an additional 2%. Effective July 1, 2014, each step on the salary scheduled shall be increased by an additional 2%. 8. Article XLII(a)(1) (Hospitalization) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, delete and replace with: "The City shall continue to contribute one hundred (100%) percent of the cost of family coverage under the "N.Y.S. Empire Health Insurance Program" as presently provided, except that employees hired after June 28, 1991 and on or before the complete ratification and approval of the 2010-2015 Agreement shall be required to pay twenty-five (25%) percent of the cost of their health insurance premiums for the first five (5) years of service with the City. For employees hired after the complete ratification and approval of the 2010-2015 Agreement, the City shall contribute 85% of the premium charged by the New York State Empire Health Insurance Program toward the cost of providing individual or family coverage under any of the health insurance programs the City makes available to its employees." 9. Article XLII(a)(2) (Health Insurance Declination Bonus) shall contribute 85% of the premium charged by the New York State Empire Health Insurance Program toward the cost of providing individual or family coverage under any of the health insurance programs the City makes available to its employees." 9. Article XLII(a)(2) (Health Insurance Declination Bonus) . Add: "Effective upon the complete ratification and approval of the 2010-2015 Agreement, any employee who is not then participating in the health insurance buyback program and who subsequently chooses to participate will be paid the following dollar amounts instead of 40% of the premium savings if the employee maintains the waiver (remains out) for a full year: Individual - $1,500 Individual and Spouse - $1,650 Family - $3,200 Employees participating in the buyback program as of the date on which 2010-2015 Agreement is completely ratified and approved shall continue to receive the current rate." 10. Article XLII(a)(2)(1st ¶) (Health Insurance Declination Bonus) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, at the end of the paragraph, add: "For plan years beginning on or after January 1, 2014, to be eligible for the health insurance declination bonus, the employee must certify that he or she has health insurance through another source other than through the City or the "N.Y.S. Empire Health Insurance Program." For the period of July 1, 2013 through December 31, 2013, an employee opting out of the City's health insurance program will be entitled to one-half of the health insurance declination bonus." 11. Article XLII(a)(2)(3rd ¶) (Health Insurance Declination Bonus) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, after the first sentence, add: "For plan years beginning on or after January 1, 2014, employees electing to waive coverage must do so by filing their forms no later than October 31 in any year, with the provisions of this section taking effect on January 1." 12. Article XLII(a)(2)(4th and 5th ¶¶) (Health Insurance Declination Bonus). Effective January 1, 2014, the fourth and fifth paragraphs will be deleted and replaced with: "It is understood that once an employee has waived coverage for a particular year, he or she may not reinstate coverage for that year, unless he or she experiences a "qualifying event" as defined by Section 125 of the Internal Revenue Code. Reinstatement of coverage for the succeeding year may be made by notifying the City in writing no later than October 31 to be effective the succeeding calendar year. This deadline shall not apply to reinstatement due to a qualifying event. Reinstatement will be subject to whatever requirements or deadlines are imposed by the City's carrier(s). If reinstatement occurs during a waived year due to a qualifying event, the employee will repay, prorata, any amount already forwarded to him or her in return for the waiver, by payroll deductions." 13. Article XLII(a)(3) (Retiree Health Insurance) . Amend to read as follows: "(3) Retiree Health Insurance. (i) Employees hired on or after July 1, 1995 and on or before the complete ratification and approval of the 2010-2015 Agreement, who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute the appropriate "(3) Retiree Health Insurance. (i) Employees hired on or after July 1, 1995 and on or before the complete ratification and approval of the 2010-2015 Agreement, who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees, pursuant to the following schedule: COMPLETED YEARS OF CITY SERVICE CITY CONTRIBUTION 20 OR MORE 100% (individual/family) 15- 19 80% (individual/family) 10- 15 50% (individual) 35% (family) LESS THAN 10 0% (ii) Employees hired after the complete ratification and approval of the 2010-2015 Agreement, who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees, pursuant to the following schedule: COMPLETED YEARS OF CITY SERVICE CITY CONTRIBUTION 20 OR MORE 85% (individual/family) 15- 19 65% (individual/family) 10- 15 50% (individual) 35% (family) LESS THAN 10 0% (iii) The City shall waive the 20 year service requirement in the case of any employee who is eligible for, retires and receives benefits pursuant to RSSL Section 363 (accidental) or RSSL Section 363-c (performance of duty)." 1. Article XLII(a)(3) (Retiree Health Insurance) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, add: "Employees hired before July 1, 1995, who retire on or after July 1, 2010 and who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute 85% of the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees." 2. Article XLII© (Welfare Fund) . Effective July 1, 2010, the contribution will be increased by $7 per employee per year. Effective July 1, 2011, the contribution will be increased by an additional $6 per employee per year. Effective July 1, 2012, the contribution will be increased by an additional $4 per employee per year. Effective July 1, 2013, the contribution will be increased by an additional $28 per employee per year. Effective July 1, 2014, the contribution will be increased by an additional $29 per employee per year. 3. Article IV (Term) the contribution will be increased by an additional $4 per employee per year. Effective July 1, 2013, the contribution will be increased by an additional $28 per employee per year. Effective July 1, 2014, the contribution will be increased by an additional $29 per employee per year. 3. Article IV (Term) . Five years, commencing July 1, 2010 up to and including June 30, 2015. 4. City Vehicles (NEW) . "Effective upon the complete ratification and approval of the 2010-2015 Agreement, it shall be the sole discretion of the City, on an individual basis, as to which employees shall receive permission to utilize City vehicles for travel to and from work." 5. General Municipal Law Section 207-a Procedure (NEW) . "I. PURPOSE This procedure is intended to regulate the application for, and the award and/or termination of, benefits pursuant to the General Municipal Law Section 207-a ("GML 207-a"). It shall operate as a waiver of any other procedural rights the City or the Association and/or its employees may have pursuant to GML 207-a regarding the application for, and the award and/or termination of, benefits pursuant to GML Section 207- a, including the right to utilize any other forum to seek redress regarding the subject matter set forth herein. Nothing contained herein should be construed as limiting the power of a party to challenge the final decision of the Commissioner of Public Safety, as provided herein, pursuant to C.P.L.R. Article 78. Any future changes enacted by the State in the provisions of GML 207-a which conflict with an explicit provision of this procedure shall supersede the preexisting provision of this procedure. II. APPLICATION FOR BENEFITS 1. Employees shall, within 96 hours of the occurrence, or within 96 hours of when the employees should reasonably have known of the occurrence, report to the Chief or senior ranking officer on duty any injury or sickness ("injury") to themselves, no matter how slight. The notification ("application") shall be made on the existing Employee Injury Report form. 2. An application shall be deemed "untimely" unless it is filed on a timely basis in accordance with this procedure. Except as set forth in the next sentence, an employee's failure to comply with these reporting obligations shall result in the denial of an application for benefits under this procedure. In the event these requirements cannot be met due to (I) the employee's physical or mental incapacity; (ii) an unforeseeable emergency; or (iii) any other situation which the Chief, in his/her sole discretion, finds acceptable, these requirements shall be met within 96 hours of the employee's ability to do so, or such other time as is set by the Chief in his/her sole discretion. In these circumstances, the Association or a member of the employee's immediate family may file the application on the employee's behalf, provided same is accomplished on a timely basis. 3. In addition, an injury report shall be completed by the Chief or highest ranking officer on duty and filed in the Chief's Office by the end of the next regular business day following the occurrence. III. INITIAL APPLICATION FOR GML 207-a BENEFITS 1. The Chief or designee ("the Chief") shall have exclusive authority to initially determine the employee's eligibility for benefits pursuant to GML 207-a. The Chief shall have the authority to conduct a full investigation of the facts concerning the application. 2. After filing the application, the employee shall submit to one or more medical examinations or 1. The Chief or designee ("the Chief") shall have exclusive authority to initially determine the employee's eligibility for benefits pursuant to GML 207-a. The Chief shall have the authority to conduct a full investigation of the facts concerning the application. 2. After filing the application, the employee shall submit to one or more medical examinations or inspections ("examinations") as provided by law. The employee shall cooperate fully with the designated physician. This shall include, but not be limited to, promptly forwarding to the Chief all reports, data, records and other information related to the employee's injury. Failure to cooperate may result in information being excluded as specified in paragraph 5 of this Section. 3. The employee shall, along with the application for GML 207-a benefits, complete, sign and submit to the City any medical release forms requested by the City, utilizing the existing "Employee Medical Waiver" form. 4. The employee shall fully cooperate with the City's designated physician. This shall include, but not be limited to, forwarding to the City's designated physician all reports, data, records and other information related to the employee's injury. 5. Any reports submitted by either the City's designated or the employee's doctor/other health care provider ("health care provider(s)") shall include the following information: (a) the exact date(s) on which the health care provider examined the employee regarding the injury; (b) an explanation of what the examination consisted; © diagnosis; (d) causation, and the basis for that belief; (e) treatment modalities; (f) the duties, if any, the employee cannot perform, and for how long; and (g) whether any or all of the duties the employee cannot perform could be performed with an accommodation(s) and, if so, what the accommodation(s) is (are). The failure to provide information specified in this paragraph and which is relevant to the report may result in the health care provider's report being disregarded by the City or the hearing officer. 6. While a written decision (see Section III(7)) is pending on an application, time off allegedly attributable to the injury giving rise to the claim for GML 207-a benefits shall be charged to sick leave or GML 207-a leave based on the Chief's preliminary determination at the time the injury report is submitted. The City shall forward a written copy of its preliminary determination to the employee. 7. The Chief shall render a written decision on the application for benefits within 30 calendar days after receipt of all necessary information specified above, or 90 calendar days from the date on which the application was submitted, whichever is earlier. A copy of the decision, including an explanation for the decision if it is in the negative, and the City's designated physician's report(s), including any diagnostic reports referenced in that report, upon which the decision is based, where relevant, shall be mailed to the employee, by regular mail and certified mail, return receipt requested, at the address specified in the application. 8. If a decision is made at any time that the employee is eligible for GML 207-a benefits, then the employee shall be so categorized. Any leave previously charged to the employee due to the injury shall then be charged to GML 207-a leave and the employee shall be recredited with any leave that was previously used in lieu of GML 207-a leave. The employee's GML 207-a benefits shall continue for as long as the employee remains eligible. 9. In the event the employee is not satisfied with the Chief's decision and wishes to appeal it, the employee shall file with the Corporation Counsel's Office, within 30 calendar days of receipt of the decision, or 35 calendar days of the date of the decision, whichever is later, a written demand for a hearing on the GML 207-a claim. The demand shall state in reasonable detail the basis (bases) for the request to have the decision reviewed. The parties to the hearing shall be the City and the employee. If the employee so requests, an Association representative may attend the hearing as an observer. The Corporation Counsel shall designate the hearing officer from the following list of seven individuals: Jacqueline Drucker, Deborah Gaines, Eugene Ginsberg, Robert Grey, Mark Grossman, Jay Siegel and Rosemary Townley. At any time, the City and Association may agree in writing to add individuals to this list and/or replace 207-a claim. The demand shall state in reasonable detail the basis (bases) for the request to have the decision reviewed. The parties to the hearing shall be the City and the employee. If the employee so requests, an Association representative may attend the hearing as an observer. The Corporation Counsel shall designate the hearing officer from the following list of seven individuals: Jacqueline Drucker, Deborah Gaines, Eugene Ginsberg, Robert Grey, Mark Grossman, Jay Siegel and Rosemary Townley. At any time, the City and Association may agree in writing to add individuals to this list and/or replace existing individuals. During the term of the agreement, the Association shall have the right to strike one individual from the hearing officer list by providing written notice to the Corporation Counsel. Unless the City and the Association otherwise agree in writing, the Corporation Counsel shall not designate the individual struck from the list to serve as the hearing officer for any written demand for a hearing on a GML 207-a claim that is received after its receipt of the Association's written notice. All costs billed by the hearing officer shall be borne by the City. All other costs shall be paid by the party incurring them; e.g., witnesses, exhibits, transcripts; etc. 10. The hearing officer shall have the authority to decide whether the Chiefs decision was arbitrary or capricious with regard to the claim of entitlement to GML 207-a benefits. He/she shall have authority to consider and decide all allegations and defenses made with regard to the GML 207-a claim. In the event of a dispute between the parties as to the nature of the proceeding, the hearing officer shall first decide whether the proceeding presents an issue of an applicant's initial entitlement to GML 207-a benefits (see Section III ("INITIAL APPLICATIONS FOR GML 207-a BENEFITS")) or whether the proceeding presents a different issue that should be decided as outlined below (see Sections IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY") and V ("TERMINATION OF BENEFITS/RETURN TO DUTY"). The burdens of production, and proof by a preponderance of the evidence, shall be upon the employee, except for hearings involving Section V, where the burdens of production and proof shall be upon the City. 11. The hearing officer shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this procedure, the collective bargaining agreement and the rules. The hearing officer shall have no authority to make a decision on any issue not submitted or raised by the parties. 12. The decision of the hearing officer shall be a recommendation to the Commissioner of Public Safety who shall then make a final decision. IV. ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY 1. In the event that the employee or the City alleges that an injury is a recurrence or aggravation of a prior injury, the procedures set forth in Section III ("INITIAL APPLICATION FOR GML 207-a BENEFITS") shall be implemented. 2. The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. If a relationship is found between the alleged recurrence or aggravation and a prior injury, and the prior injury was designated by the City as a GML 207-a injury, then the application for GML 207-a benefits shall be granted, provided the Chief or the Commissioner, following the hearing before the hearing officer, otherwise finds the employee entitled to GML 207-a benefits as set forth in Section III(10, 11) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). If no relationship is found, then the claim shall be treated as an initial injury and the matter shall be processed pursuant to Section III(1-12)) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. Likewise, the City shall submit to the employee any previously unsubmitted health care provider(s) report(s) upon which the City intends to rely at the hearing immediately upon receiving same from the health care provider. V. TERMINATION OF BENEFITS/RETURN TO DUTY 1. Upon receipt of a certification from the City's designated physician, as set forth in Section III(5) unsubmitted health care provider(s) report(s) upon which the City intends to rely at the hearing immediately upon receiving same from the health care provider. V. TERMINATION OF BENEFITS/RETURN TO DUTY 1. Upon receipt of a certification from the City's designated physician, as set forth in Section III(5) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"), that an employee is able to perform all of the duties of his/her position, the Chief may notify the employee of same and/or the proposed termination of his/her GML 207-a benefit. The Chief shall notify the employee by serving a written notice of proposed termination, setting forth the effective date thereof, which shall be not less than two City working days from the date of the notice, and enclosing a copy of the physician's certification, upon the employee by regular mail and certified mail, return receipt requested. 2. If the employee disagrees with the Chiefs decision, he/she shall commence an appeal pursuant to the procedures outlined in Section III(9) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. Likewise, the City shall submit to the employee any previously unsubmitted health care provider(s) report(s) upon which the City intends to rely at the hearing immediately upon receiving same from the health care provider. If the employee submits, together with the appeal, a medical opinion contradicting the medical conclusion(s) of the City's designated physician, the employee's GML 207-a benefits will be continued. Otherwise, the employee shall be immediately placed on sick leave status. If more than 60 calendar days elapse from the effective date of the City's notification to the employee and the final resolution of the dispute, any time in excess of the 60 day period shall be charged against the employee's accrued leave time, excluding sick leave; except that, if the employee in good faith indicates that he/she is ready, willing and able to go forward on a day or days agreed upon by the hearing officer and counsel for the employee and City and, in fact, goes forward and presents his/her case within that 60 day period, or a scheduled hearing is adjourned at the request of the City or the hearing officer, than the 60 day period shall be extended to 90 days. In the event that the employee's GML 207-a status is confirmed when the matter is finally resolved, any leave time used as a result of the operation of this provision shall be recredited to the employee. VI. OTHER PROVISIONS 1. In the event that any portion of this procedure is invalidated by a decision of a tribunal of competent jurisdiction, then that portion shall be of no force and effect, but the remainder of this procedure shall continue in full force and effect. In this event, either the Association or the City shall have the right immediately to reopen negotiations with respect to a substitute for the invalidated portion. 2. Evidence pertaining to an employee's application for benefits pursuant to the Workers' Compensation Law, including whether or not the application was controverted, granted or denied, shall not be given any preclusive effect in any stage of this procedure, but shall be admissible as evidence to be given the weight deemed appropriate by the hearing officer. 3. This procedure shall take effect upon the complete ratification and approval of the 2010-2015 Agreement and shall apply to any claim of entitlement to or use of GML 207-a benefits made after that date. In the event a proposed "new" utilization of GML 207-a benefits after this date is based upon an injury that allegedly occurred prior to that date, the employee shall comply with the terms of Section IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY") of this procedure within 30 calendar days after the date of the "new" injury. After the filing of the application form, the claim for utilization of GML 207-a based on an injury that allegedly occurred prior to the complete ratification and approval of the 2010-2015 Agreement shall be decided in accordance with Section IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY"). 4. This procedure shall also apply to any proposed change in an employee's utilization of GML 207-a benefits enjoyed as of the date of the adoption of this procedure. Any employee seeking to change his/her sick leave or GML 207-a leave status enjoyed as of the date of the adoption of this procedure must do so approval of the 2010-2015 Agreement shall be decided in accordance with Section IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY"). 4. This procedure shall also apply to any proposed change in an employee's utilization of GML 207-a benefits enjoyed as of the date of the adoption of this procedure. Any employee seeking to change his/her sick leave or GML 207-a leave status enjoyed as of the date of the adoption of this procedure must do so pursuant to the procedures outlined in Section II(1)("APPLICATION FOR BENEFITS") within 30 calendar days of the adoption of this procedure. 5. Upon receipt of a written request from an employee, the City will provide him/her with a corrected W-2 (W-2c). 6. Effective upon the complete ratification and approval of the 2010-2015 Agreement, an employee who is receiving Section 207-a benefits shall continue to receive all contractual benefits for a total period of nine cumulative months per injury. After the expiration of nine months, the employee will continue to receive his/her base salary, longevity and health insurance or health insurance declination bonus. Benefits for employees who return to work will be prorated to exclude the period of absence." FOR THE CITY: FOR THE PFFA /S/ John G. Callahan /S/ Joseph Carrier /S/ Daniel K Spencer /S/ Donald Henry Section 2. The Mayor is hereby authorized to direct the Budget Director to make the necessary transfers from Reserve for Financing to fund the increased payments required by or resulting from the April 14, 2013 Stipulation of Agreement between the negotiating representatives of the City and the Union set forth above. Section 3. The Mayor is hereby authorized to direct the Commissioner of Finance to begin making payments under the April 14, 2013 Stipulation of Agreement between the representatives of the City and the Union set forth above. Section 4. The Mayor is hereby authorized to enter into a collective bargaining agreement with the Union, which agreement shall be based upon the April 14, 2013 Stipulation of Agreement set forth above. Section 5. This ordinance shall take effect July 1, 2010. Mr. Boykin seconded the motion. Adopted by the following roll call vote: Mr. Boykin, Mr. Kirkpatrick, Mr. Krolian, Ms. Lecuona, Mr. Martin, Ms. Smayda and the Mayor - 7 - 0. ________ Mrs. Smayda offered the following ordinance and asked unanimous consent to move its adoption, "Ordinance approving and ratifying the April 15, 2013 stipulation of agreement between the negotiating representatives of the City of White Plains, and the Deputy Fire Chiefs, authorizing the Mayor to direct the Budget Director to transfer the necessary funds and the Commissioner of Finance to start payments under the agreement, and authorizing the Mayor to enter into a collective bargaining agreement containing the terms of the agreement." Unanimous consent granted. Mrs. Smayda moved adoption of the ordinance. AN ORDINANCE APPROVING AND RATIFYING THE APRIL 15, 2013 STIPULATION OF Unanimous consent granted. Mrs. Smayda moved adoption of the ordinance. AN ORDINANCE APPROVING AND RATIFYING THE APRIL 15, 2013 STIPULATION OF AGREEMENT BETWEEN THE NEGOTIATING REPRESENTATIVES OF THE CITY OF WHITE PLAINS, AND THE DEPUTY FIRE CHIEFS, AUTHORIZING THE MAYOR TO DIRECT THE BUDGET DIRECTOR TO TRANSFER THE NECESSARY FUNDS AND THE COMMISSIONER OF FINANCE TO START PAYMENTS UNDER THE AGREEMENT, AND AUTHORIZING THE MAYOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT CONTAINING THE TERMS OF THE AGREEMENT. WHEREAS, representatives of the City of White Plains (the "City"), and the Professional Fire Fighters Association, Inc., Local 274, IAFF, AFL-CIO, Deputy Chiefs' Unit (the "Union"), have reached a tentative agreement to extend the prior collective bargaining agreement between the City and the Union, which covered the period July 1, 2008 through June 30, 2010, upon, the same terms and conditions except as specifically modified in the April 15, 2013 Stipulation of Agreement entered into between the negotiating representatives of the City and Union, for five years from July 1, 2010 up to and including June 30, 2015; and WHEREAS, the Union, by a majority vote of the membership, ratified the tentative Agreement; and WHEREAS, the spirit of the Agreement calls for the City to implement the terms of the Agreement as soon as possible; and NOW, THEREFORE, the Common Council of The City of White Plains hereby ordains and enacts as follows: Section 1. The Stipulation of Agreement entered into April 15, 2013, by and between the representatives of the City and the Union, and set forth below, is hereby ratified and approved by the Common Council: STIPULATION OF AGREEMENT made and entered into this 15th day of April 2013, by and between the negotiating representatives for the City of White Plains and the Deputy Chiefs Unit, Professional Firefighters Association, Inc., Local 274, I.A.F.F., A.F.L.-C.I.O. ("the Deputy Chiefs Unit"). WHEREAS, the parties have engaged in negotiations in good faith in an effort to arrive at a successor collective bargaining agreement to the one that expired on June 30, 2010; and WHEREAS, the parties have arrived at a tentative agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby stipulate and agree as follows: 1. The provisions of this Stipulation are subject to ratification by the Deputy Chiefs Unit's membership by not later than 9:30 a.m. on Friday, April 19, 2013 and ratification and approval by the Common Council. 2. The respective negotiating committees' representatives agree to recommend this Stipulation for ratification/approval. 3. A copy of this original document has been furnished to representatives of the City and the Deputy Chiefs Unit. 4. All proposals not covered herein made by either party during the course of the negotiations shall be deemed dropped. 5. The Deputy Chiefs Unit withdraws, with prejudice, PERB Case No. U-30275. Chiefs Unit. 4. All proposals not covered herein made by either party during the course of the negotiations shall be deemed dropped. 5. The Deputy Chiefs Unit withdraws, with prejudice, PERB Case No. U-30275. 6. The Deputy Chiefs Unit waives its right to file any other action and/or lawsuit challenging the May 24, 2010 Ordinance. 7. Article XXXV (Wages) . Effective July 1, 2010, each step on the salary schedule shall remain the same as was in effect on June 30, 2010. Effective July 1, 2011, each step on the salary schedule shall remain the same as was in effect on June 30, 2011. Effective July 1, 2012, each step on the salary schedule be increased by 2%. Effective July 1, 2013, each step on the salary schedule shall be increased by an additional 2%. Effective July 1, 2014, each step on the salary scheduled shall be increased by an additional 2%. 8. Article XXXVIII(a)(1) (Hospitalization) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, add: "For employees hired after the complete ratification and approval of the 2010-2015 Agreement, the City shall contribute 85% of the premium charged by the New York State Empire Health Insurance Program toward the cost of providing individual or family coverage under any of the health insurance programs the City makes available to its employees." 9. Article XXXVIII(a)(2) (Health Insurance Declination Bonus) . Add: "Effective upon the complete ratification and approval of the 2010-2015 Agreement, any employee who is not then participating in the health insurance buyback program and who subsequently chooses to participate will be paid the following dollar amounts instead of 40% of the premium savings if the employee maintains the waiver (remains out) for a full year: Individual - $1,500 Individual and Spouse - $1,650 Family - $3,200 Employees participating in the buyback program as of the date on which 2010-2015 Agreement is completely ratified and approved shall continue to receive the current rate." 10. Article XXXVIII(a)(2)(1st ¶) (Health Insurance Declination Bonus) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, at the end of the paragraph, add: "For plan years beginning on or after January 1, 2014, to be eligible for the health insurance declination bonus, the employee must certify that he or she has health insurance through another source other than through the City or the "N.Y.S. Empire Health Insurance Program." For the period of July 1, 2013 through December 31, 2013, an employee opting out of the City's health insurance program will be entitled to one-half of the health insurance declination bonus." 11. Article XXXVIII(a)(2)(4th ¶) (Health Insurance Declination Bonus) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, after the first sentence, add: "For plan years beginning on or after January 1, 2014, employees electing to waive coverage must do so by filing their forms no later than October 31 in any year, with the provisions of this section taking effect on January 1." 11. Article XXXVIII(a)(2)(4th ¶) (Health Insurance Declination Bonus) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, after the first sentence, add: "For plan years beginning on or after January 1, 2014, employees electing to waive coverage must do so by filing their forms no later than October 31 in any year, with the provisions of this section taking effect on January 1." 12. Article XXXVIII(a)(2)(5th and 6th ¶¶) (Health Insurance Declination Bonus) . Effective January 1, 2014, the fifth and sixth paragraphs will be deleted and replaced with: "It is understood that once an employee has waived coverage for a particular year, he or she may not reinstate coverage for that year, unless he or she experiences a "qualifying event" as defined by Section 125 of the Internal Revenue Code. Reinstatement of coverage for the succeeding year may be made by notifying the City in writing no later than October 31 to be effective the succeeding calendar year. This deadline shall not apply to reinstatement due to a qualifying event. Reinstatement will be subject to whatever requirements or deadlines are imposed by the City's carrier(s). If reinstatement occurs during a waived year due to a qualifying event, the employee will repay, prorata, any amount already forwarded to him or her in return for the waiver, by payroll deductions." 13. Article XXXVIII(a)(3) (Retiree Health Insurance) . Amend to read as follows: "(3) Retiree Health Insurance. (i) Employees hired on or after July 1, 1995 and on or before the complete ratification and approval of the 2010-2015 Agreement, who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees, pursuant to the following schedule: COMPLETED YEARS OF CITY SERVICE CITY CONTRIBUTION 20 OR MORE 100% (individual/family) 15- 19 80% (individual/family) 10- 15 50% (individual) 35% (family) LESS THAN 10 0% (ii) Employees hired after the complete ratification and approval of the 2010-2015 Agreement, who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees, pursuant to the following schedule: COMPLETED YEARS OF CITY SERVICE CITY CONTRIBUTION 20 OR MORE 85% (individual/family) 15- 19 65% (individual/family) 10- 15 50% (individual) 35% (family) LESS THAN 10 0% (iii) The City shall waive the 20 year service requirement in the case of any employee who is eligible for,  15- 19 65% (individual/family) 10- 15 50% (individual) 35% (family) LESS THAN 10 0% (iii) The City shall waive the 20 year service requirement in the case of any employee who is eligible for, retires and receives benefits pursuant to RSSL Section 363 (accidental) or RSSL Section 363-c (performance of duty)." 1. Article XXXVIII(a)(3) (Retiree Health Insurance) . Effective upon the complete ratification and approval of the 2010-2015 Agreement, add: "Employees hired before July 1, 1995, who retire on or after July 1, 2010 and who are otherwise eligible to receive health insurance benefits in retirement from the City, shall continue to be entitled to maintain the level of health insurance benefits (individual or family) enjoyed by the employee at the time of retirement and to have the City contribute 85% of the appropriate percentage of premiums charged by the New York State Empire Health Insurance Program under any of the health insurance programs the City makes available to its employees." 2. Article XXXVIII(c) (Welfare Fund) . Effective July 1, 2010, the contribution will be increased by $7 per employee per year. Effective July 1, 2011, the contribution will be increased by an additional $6 per employee per year. Effective July 1, 2012, the contribution will be increased by an additional $4 per employee per year. Effective July 1, 2013, the contribution will be increased by an additional $28 per employee per year. Effective July 1, 2014, the contribution will be increased by an additional $29 per employee per year. 3. Article IV (Term) . Five years, commencing July 1, 2010 up to and including June 30, 2015. 4. City Vehicles (NEW) . "Effective upon the complete ratification and approval of the 2010-2015 Agreement, it shall be the sole discretion of the City, on an individual basis, as to which employees shall receive permission to utilize City vehicles for travel to and from work." 5. General Municipal Law Section 207-a Procedure (NEW) . "I. PURPOSE This procedure is intended to regulate the application for, and the award and/or termination of, benefits pursuant to the General Municipal Law Section 207-a ("GML 207-a"). It shall operate as a waiver of any other procedural rights the City or the Association and/or its employees may have pursuant to GML 207-a regarding the application for, and the award and/or termination of, benefits pursuant to GML Section 207- a, including the right to utilize any other forum to seek redress regarding the subject matter set forth herein. Nothing contained herein should be construed as limiting the power of a party to challenge the final decision of the Commissioner of Public Safety, as provided herein, pursuant to C.P.L.R. Article 78. Any future changes enacted by the State in the provisions of GML 207-a which conflict with an explicit provision of this procedure shall supersede the preexisting provision of this procedure. II. APPLICATION FOR BENEFITS 1. Employees shall, within 96 hours of the occurrence, or within 96 hours of when the employees should reasonably have known of the occurrence, report to the Chief or senior ranking officer on duty any injury future changes enacted by the State in the provisions of GML 207-a which conflict with an explicit provision of this procedure shall supersede the preexisting provision of this procedure. II. APPLICATION FOR BENEFITS 1. Employees shall, within 96 hours of the occurrence, or within 96 hours of when the employees should reasonably have known of the occurrence, report to the Chief or senior ranking officer on duty any injury or sickness ("injury") to themselves, no matter how slight. The notification ("application") shall be made on the existing Employee Injury Report form. 2. An application shall be deemed "untimely" unless it is filed on a timely basis in accordance with this procedure. Except as set forth in the next sentence, an employee's failure to comply with these reporting obligations shall result in the denial of an application for benefits under this procedure. In the event these requirements cannot be met due to (i) the employee's physical or mental incapacity; (ii) an unforeseeable emergency; or (iii) any other situation which the Chief, in his/her sole discretion, finds acceptable, these requirements shall be met within 96 hours of the employee's ability to do so, or such other time as is set by the Chief in his/her sole discretion. In these circumstances, the Association or a member of the employee's immediate family may file the application on the employee's behalf, provided same is accomplished on a timely basis. 3. In addition, an injury report shall be completed by the Chief or highest ranking officer on duty and filed in the Chiefs Office by the end of the next regular business day following the occurrence. III. INITIAL APPLICATION FOR GML 207-a BENEFITS 1. The Chief or designee ("the Chief") shall have exclusive authority to initially determine the employee's eligibility for benefits pursuant to GML 207-a. The Chief shall have the authority to conduct a full investigation of the facts concerning the application. 2. After filing the application, the employee shall submit to one or more medical examinations or inspections ("examinations") as provided by law. The employee shall cooperate fully with the designated physician. This shall include, but not be limited to, promptly forwarding to the Chief all reports, data, records and other information related to the employee's injury. Failure to cooperate may result in information being excluded as specified in paragraph 5 of this Section. 3. The employee shall, along with the application for GML 207-a benefits, complete, sign and submit to the City any medical release forms requested by the City, utilizing the existing "Employee Medical Waiver" form. 4. The employee shall fully cooperate with the City's designated physician. This shall include, but not be limited to, forwarding to the City's designated physician all reports, data, records and other information related to the employee's injury. 5. Any reports submitted by either the City's designated or the employee's doctor/other health care provider ("health care provider(s)") shall include the following information: (a) the exact date(s) on which the health care provider examined the employee regarding the injury; (b) an explanation of what the examination consisted; (c) diagnosis; (d) causation, and the basis for that belief; (e) treatment modalities; (f) the duties, if any, the employee cannot perform, and for how long; and (g) whether any or all of the duties the employee cannot perform could be performed with an accommodation(s) and, if so, what the accommodation(s) is (are). The failure to provide information specified in this paragraph and which is relevant to the report may result in the health care provider's report being disregarded by the City or the hearing officer. 6. While a written decision (see Section III(7)) is pending on an application, time off allegedly attributable to the injury giving rise to the claim for GML 207-a benefits shall be charged to sick leave or GML 207-a leave based on the Chief's preliminary determination at the time the injury report is submitted. The City shall forward a written copy of its preliminary determination to the employee. hearing officer. 6. While a written decision (see Section III(7)) is pending on an application, time off allegedly attributable to the injury giving rise to the claim for GML 207-a benefits shall be charged to sick leave or GML 207-a leave based on the Chief's preliminary determination at the time the injury report is submitted. The City shall forward a written copy of its preliminary determination to the employee. 7. The Chief shall render a written decision on the application for benefits within 30 calendar days after receipt of all necessary information specified above, or 90 calendar days from the date on which the application was submitted, whichever is earlier. A copy of the decision, including an explanation for the decision if it is in the negative, and the City's designated physician's report(s), including any diagnostic reports referenced in that report, upon which the decision is based, where relevant, shall be mailed to the employee, by regular mail and certified mail, return receipt requested, at the address specified in the application. 8. If a decision is made at any time that the employee is eligible for GML 207-a benefits, then the employee shall be so categorized. Any leave previously charged to the employee due to the injury shall then be charged to GML 207-a leave and the employee shall be recredited with any leave that was previously used in lieu of GML 207-a leave. The employee's GML 207-a benefits shall continue for as long as the employee remains eligible. 9. In the event the employee is not satisfied with the Chief's decision and wishes to appeal it, the employee shall file with the Corporation Counsel's Office, within 30 calendar days of receipt of the decision, or 35 calendar days of the date of the decision, whichever is later, a written demand for a hearing on the GML 207-a claim. The demand shall state in reasonable detail the basis (bases) for the request to have the decision reviewed. The parties to the hearing shall be the City and the employee. If the employee so requests, an Association representative may attend the hearing as an observer. The Corporation Counsel shall designate the hearing officer from the following list of seven individuals: Jacqueline Drucker, Deborah Gaines, Eugene Ginsberg, Robert Grey, Mark Grossman, Jay Siegel and Rosemary Townley. At any time, the City and Association may agree in writing to add individuals to this list and/or replace existing individuals. During the term of the agreement, the Association shall have the right to strike one individual from the hearing officer list by providing written notice to the Corporation Counsel. Unless the City and the Association otherwise agree in writing, the Corporation Counsel shall not designate the individual struck from the list to serve as the hearing officer for any written demand for a hearing on a GML 207-a claim that is received after its receipt of the Association's written notice. All costs billed by the hearing officer shall be borne by the City. All other costs shall be paid by the party incurring them; e.g., witnesses, exhibits, transcripts; etc. 10. The hearing officer shall have the authority to decide whether the Chiefs decision was arbitrary or capricious with regard to the claim of entitlement to GML 207-a benefits. He/she shall have authority to consider and decide all allegations and defenses made with regard to the GML 207-a claim. In the event of a dispute between the parties as to the nature of the proceeding, the hearing officer shall first decide whether the proceeding presents an issue of an applicant's initial entitlement to GML 207-a benefits (see Section III ("INITIAL APPLICATIONS FOR GML 207-a BENEFITS")) or whether the proceeding presents a different issue that should be decided as outlined below (see Sections IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY") and V ("TERMINATION OF BENEFITS/RETURN TO DUTY"). The burdens of production, and proof by a preponderance of the evidence, shall be upon the employee, except for hearings involving Section V, where the burdens of production and proof shall be upon the City. 11. The hearing officer shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this procedure, the collective bargaining agreement and the rules. The hearing officer shall have no authority to make a decision on any issue not submitted or raised by the parties. 12. The decision of the hearing officer shall be a recommendation to the Commissioner of Public Safety who shall then make a final decision. provisions of this procedure, the collective bargaining agreement and the rules. The hearing officer shall have no authority to make a decision on any issue not submitted or raised by the parties. 12. The decision of the hearing officer shall be a recommendation to the Commissioner of Public Safety who shall then make a final decision. IV. ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY 1. In the event that the employee or the City alleges that an injury is a recurrence or aggravation of a prior injury, the procedures set forth in Section III ("INITIAL APPLICATION FOR GML 207-a BENEFITS") shall be implemented. 2. The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. If a relationship is found between the alleged recurrence or aggravation and a prior injury, and the prior injury was designated by the City as a GML 207-a injury, then the application for GML 207-a benefits shall be granted, provided the Chief or the Commissioner, following the hearing before the hearing officer, otherwise finds the employee entitled to GML 207-a benefits as set forth in Section III(10, 11) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). If no relationship is found, then the claim shall be treated as an initial injury and the matter shall be processed pursuant to Section III(1-12)) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. Likewise, the City shall submit to the employee any previously unsubmitted health care provider(s) report(s) upon which the City intends to rely at the hearing immediately upon receiving same from the health care provider. V. TERMINATION OF BENEFITS/RETURN TO DUTY 1. Upon receipt of a certification from the City's designated physician, as set forth in Section III(5) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"), that an employee is able to perform all of the duties of his/her position, the Chief may notify the employee of same and/or the proposed termination of his/her GML 207-a benefit. The Chief shall notify the employee by serving a written notice of proposed termination, setting forth the effective date thereof, which shall be not less than two City working days from the date of the notice, and enclosing a copy of the physician's certification, upon the employee by regular mail and certified mail, return receipt requested. 2. If the employee disagrees with the Chief's decision, he/she shall commence an appeal pursuant to the procedures outlined in Section III(9) ("INITIAL APPLICATION FOR GML 207-a BENEFITS"). The employee shall submit to the Corporation Counsel's Office any previously unsubmitted health care provider(s) report(s) upon which the employee intends to rely at the hearing immediately upon receiving same from the health care provider. Likewise, the City shall submit to the employee any previously unsubmitted health care provider(s) report(s) upon which the City intends to rely at the hearing immediately upon receiving same from the health care provider. If the employee submits, together with the appeal, a medical opinion contradicting the medical conclusion(s) of the City's designated physician, the employee's GML 207-a benefits will be continued. Otherwise, the employee shall be immediately placed on sick leave status. If more than 60 calendar days elapse from the effective date of the City's notification to the employee and the final resolution of the dispute, any time in excess of the 60 day period shall be charged against the employee's accrued leave time, excluding sick leave; except that, if the employee in good faith indicates that he/she is ready, willing and able to go forward on a day or days agreed upon by the hearing officer and counsel for the employee and City and, in fact, goes forward and presents his/her case within that 60 day period, or a scheduled hearing is adjourned at the request of the City or the hearing officer, than the 60 day period shall be extended to 90 days. In the event that the employee's GML 207-a status is confirmed when the matter is finally resolved, any leave time used as a result of the operation of this provision shall be recredited to the employee. VI. OTHER PROVISIONS case within that 60 day period, or a scheduled hearing is adjourned at the request of the City or the hearing officer, than the 60 day period shall be extended to 90 days. In the event that the employee's GML 207-a status is confirmed when the matter is finally resolved, any leave time used as a result of the operation of this provision shall be recredited to the employee. VI. OTHER PROVISIONS 1. In the event that any portion of this procedure is invalidated by a decision of a tribunal of competent jurisdiction, then that portion shall be of no force and effect, but the remainder of this procedure shall continue in full force and effect. In this event, either the Association or the City shall have the right immediately to reopen negotiations with respect to a substitute for the invalidated portion. 2. Evidence pertaining to an employee's application for benefits pursuant to the Workers' Compensation Law, including whether or not the application was controverted, granted or denied, shall not be given any preclusive effect in any stage of this procedure, but shall be admissible as evidence to be given the weight deemed appropriate by the hearing officer. 3. This procedure shall take effect upon the complete ratification and approval of the 2010-2015 Agreement and shall apply to any claim of entitlement to or use of GML 207-a benefits made after that date. In the event a proposed "new" utilization of GML 207-a benefits after this date is based upon an injury that allegedly occurred prior to that date, the employee shall comply with the terms of Section IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY") of this procedure within 30 calendar days after the date of the "new" injury. After the filing of the application form, the claim for utilization of GML 207-a based on an injury that allegedly occurred prior to the complete ratification and approval of the 2010-2015 Agreement shall be decided in accordance with Section IV ("ALLEGED RECURRENCE OR AGGRAVATION OF PRIOR INJURY"). 4. This procedure shall also apply to any proposed change in an employee's utilization of GML 207-a benefits enjoyed as of the date of the adoption of this procedure. Any employee seeking to change his/her sick leave or GML 207-a leave status enjoyed as of the date of the adoption of this procedure must do so pursuant to the procedures outlined in Section II(1)("APPLICATION FOR BENEFITS") within 30 calendar days of the adoption of this procedure. 5. Upon receipt of a written request from an employee, the City will provide him/her with a corrected W-2 (W-2c). 6. Effective upon the complete ratification and approval of the 2010-2015 Agreement, an employee who is receiving Section 207-a benefits shall continue to receive all contractual benefits for a total period of nine cumulative months per injury. After the expiration of nine months, the employee will continue to receive his/her base salary, longevity and health insurance or health insurance declination bonus. Benefits for employees who return to work will be prorated to exclude the period of absence." FOR THE CITY: FOR THE PFFA /S/ John G. Callahan /S/ Timothy Ryan /S/ Daniel K Spencer /S/ Joseph Carrier Section 2. The Mayor is hereby authorized to direct the Budget Director to make the necessary transfers from Reserve for Financing to fund the increased payments required by or resulting from the April 15, 2013 Stipulation of Agreement between the negotiating representatives of the City and the Union set forth above. Section 3. The Mayor is hereby authorized to direct the Commissioner of Finance to begin making payments under the April 15, 2013 Stipulation of Agreement between the representatives of the City and the Union set forth above. 2013 Stipulation of Agreement between the negotiating representatives of the City and the Union set forth above. Section 3. The Mayor is hereby authorized to direct the Commissioner of Finance to begin making payments under the April 15, 2013 Stipulation of Agreement between the representatives of the City and the Union set forth above. Section 4. The Mayor is hereby authorized to enter into a collective bargaining agreement with the Union, which agreement shall be based upon the April 15, 2013 Stipulation of Agreement set forth above. Section 5. This ordinance shall take effect July 1, 2010. Mr. Boykin seconded the motion. Adopted by the following roll call vote: Mr. Boykin, Mr. Kirkpatrick, Mr. Krolian, Ms. Lecuona, Mr. Martin, Ms. Smayda and the Mayor - 7 - 0. ________ The Special Meeting continued Proposed Tax Budget - 2013-2014 - Expenditures: Public Works ________ On motion of Council President Smayda, seconded and duly carried, the Common Council adjourned the meeting. ________ Anne M. McPherson, CMC City Clerk