The URL can be used to link to this page

Home My WebLink About2023-09-26 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, September 26, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as amended (executive session amended) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the September 12, 2023 City Council Work Session 2. Approve Minutes of the September 12, 2023 City Council Regular Meeting 3. Collective Labor Agreement Between the City of Meridian and the Meridian Fire Fighters I.A.F.F. Local 4627 4. Amended Emergency Joint Powers Agreement between Ada County, Ada County Highway District, City of Boise, City of Eagle, City of Garden City, City of Kuna, City of Meridian, and City of Star 5. Fiscal Year 2024 Renewal Agreement Between Ada County Emergency Medical Services District and City of Meridian 6. Resolution No. 23-2049: A resolution establishing the reappointment of Hannah Scoville to Seat 9 of the Meridian Arts Commission; James Leckie to Seat 8 of the Meridian Solid Waste Advisory Commission; Hoyoon Song to Seat 4 of the Meridian Transportation Commission; Elle Hood to Seat 9 of the Parks and Recreation Commission; and John Keller to Seat 6 the Meridian Historic Preservation Commission; and providing an effective date 7. Resolution No. 23-2050: A resolution establishing the reappointment of John Nesmith to Seat 3 of the Meridian Parks and Recreation Commission; and providing an effective date 8. Resolution No. 23-2051: A resolution establishing the reappointment of Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the Meridian Historic Preservation Commission; and providing an effective date 9. Resolution No. 23-2052: A resolution establishing the reappointment of Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission; and providing an effective date 10. Resolution No. 23-2053: A resolution reappointing Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and providing an effective date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 11. Proposed Updates to Title 5, Meridian City Code (Fire Regulations) and Proposed Updates to Title 3, Chapter 1, Meridian City Code (General Licensing and Permitting Provisions) EXECUTIVE SESSION 12. Per Idaho Code section 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; 74-206(1)(e):To consider preliminary negotiations involving matters of trade or commerce in which the governing body is in competition with governing bodies in other states or nations , and 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive session per Idaho Code section 74-206(1) (f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 4:53 PM Out of session: 5:32 PM ADJOURNMENT 5:33 PM Meridian City Council Work Session September 26, 2023. A Meeting of the Meridian City Council was called to order at 4:32 p.m. Tuesday, September 26, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Other Present: Chris Johnson, Bill Nary, Emily Kane, Chris McGilvery, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is September 26, 2003, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We do have changes on our agenda for this evening. Under Executive Session we will not be needing 74-206(1)(d) or (1)(e). We will keep (1)(f) for our Executive Session. So, Mr. Mayor, I move adoption of the agenda as amended. Borton: Second. Simison: Have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as amended. MOTION CARRIED: ALLAYES. CONSENT AGENDA 1. Approve Minutes of the September 12, 2023 City Council Work Session Meridian City Council Work Session September 26,2023 Page 2 of 9 2. Approve Minutes of the September 12, 2023 City Council Regular Meeting 3. Collective Labor Agreement Between the City of Meridian and the Meridian Fire Fighters I.A.F.F. Local 4627 4. Amended Emergency Joint Powers Agreement between Ada County, Ada County Highway District, City of Boise, City of Eagle, City of Garden City, City of Kuna, City of Meridian, and City of Star 5. Fiscal Year 2024 Renewal Agreement Between Ada County Emergency Medical Services District and City of Meridian 6. Resolution No. 23-2049: A resolution establishing the reappointment of Hannah Scoville to Seat 9 of the Meridian Arts Commission; James Leckie to Seat 8 of the Meridian Solid Waste Advisory Commission; Hoyoon Song to Seat 4 of the Meridian Transportation Commission; Elie Hood to Seat 9 of the Parks and Recreation Commission; and John Keller to Seat 6 the Meridian Historic Preservation Commission; and providing an effective date 7. Resolution No. 23-2050: A resolution establishing the reappointment of John Nesmith to Seat 3 of the Meridian Parks and Recreation Commission; and providing an effective date 8. Resolution No. 23-2051: A resolution establishing the reappointment of Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the Meridian Historic Preservation Commission; and providing an effective date 9. Resolution No. 23-2052: A resolution establishing the reappointment of Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission; and providing an effective date 10. Resolution No. 23-2053: A resolution reappointing Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and providing an effective date Simison: First up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda, for the Mayor to sign and Clerk to attest. Meridian City Council Work Session September 26,2023 Page 3 of 9 Borton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 11. Proposed Updates to Title 5, Meridian City Code (Fire Regulations) and Proposed Updates to Title 3, Chapter 1, Meridian City Code (General Licensing and Permitting Provisions) Simison: So, we will move on to Item 11, which is Department/Commission Reports, propose updates to Title 5, Meridian City Code, fire regulations and proposed updates to Title 3 Chapter 1, Meridian City Code, general licensing and permitting provisions. Turn this order Mrs. Kane. Kane: Thank you, Mayor, Council Members. I'm Emily Kane, deputy city attorney. I'm continuing my march through the city code to streamline and update it and so I have for you today two -- two updates. The first -- two proposed updates. The first is to Title 3, Chapter 1, which is the beginning chapter of the licensing and permits title of our code. So, the -- it's pretty short. The changes that I recommend are mostly for uniformity and to eliminate some potential conflicts and outdated language. So, starting at the top -- and I will try to hit the highlights here. The -- the first section talks about -- I would suggest eliminating the provision that talks about the blanket misdemeanor penalty for all licensing and permitting violations, because that doesn't apply. It actually conflicts with some more specific provisions that we have in the code already. Moving on to page two of this proposed -- proposed update, this is where the uniformity comes in. So, this suggests having the same notice, the same appeal period, the same appeal process for all licensing issues. So, if a licensee or an applicant has an issue with the action of the city, then, this is the process that we would follow and that they would follow for every license in the -- in our -- that we administer in our code. So, that's the -- those are the highlights on that one. Is there any questions? All right. Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Work Session September 26,2023 Page 4 of 9 Borton: One question, Emily. We had talked at one point of the prior appeals that sometimes we get an appeal where it's almost like a request for leniency and I saw the provision down below. I love the uniformity. It's helpful for everybody. Kane: Uh-huh. Borton: Maybe I missed it, but I don't think it addressed that issue where folks want to appeal the denial because their felony was X and have a good explanation for it. Are we still going to be allowing those to come to Council when our hands are tied and I feel bad having them present and, then, telling them there is nothing we can do. Kane: Uh-huh. Mr. Mayor, Councilman Borton, so this -- this update does suggest language that says no person may appeal where the grounds for the -- the appeal are that they -- or the decision or that the applicant did not timely submit the application or the application materials or fees or just didn't submit a complete application. So, that would not be permissible grounds to appeal. The -- I know what you are talking about. That's a tricky issue, because the -- mistakes can be made, but you are right, there is really no -- there is no way for Council to grant leniency if the facts are what they are. So, we could -- we could add that in the -- in the sections where we talk about -- or where background checks are required and we do have disqualifying criminal history, we could make that part of the code for those sections. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It seems like it might be helpful for -- for the applicant as well to add it to what you just read, because -- Kane: Okay. Borton: -- if I have got a disqualifying conviction I might have paid the fee, I might be timely, I might be complete, but I get denied. So, those -- those triggers don't prohibit an appeal, but if we added one that also said if your application identifies a disqualifying whatever -- Kane: Uh-huh. Okay. Borton: -- to -- it is tough having us -- you know, they think they got a shot and we don't have the discretion, so if that would be appropriate to add in 3-1-513. Kane: Yes. Nary: Mr. Mayor? Mr. Mayor? Simison: Mr. Nary. Meridian City Council Work Session September 26,2023 Page 5 of 9 Nary: I was just going to ask it Emily -- you and I hadn't talked about this, but, you know, we only had this happen once; right? Where one person said he had it -- he had -- it had been vacated or something. I can't remember what he said. Or had a withheld or whatever it was. And we said just get the proof of that and we will deal with it. So, don't know if there is a way you want to put language -- is there a way to put language in because in that particular one instance if he could have simply done that ahead of time with the lieutenant we would have granted it. So, again, the appeal was really unnecessary should it just follow through and I don't know if there is a better way in the application process to make that clearer, because I agree with you otherwise, it -- it feels frustrating to everybody to come here and there is nothing that Council could do to grant it, so -- but that was the only one I could think of was that one instance. And, again, if he didn't follow through before he came to the Council we would have granted it anyway. Kane: Mr. Mayor, I agree and I would -- I would suggest along those lines that we have some kind of administrative appeal or just to double check, so that it's -- because there can be mistakes. It is rare, but sometimes it shows up and it's -- it -- someone else, mistaken identity, or it just somehow is a clerical issue. So, the stuff like that we don't need to disqualify that person, obviously, nor does Council need to handle that. That can be something we handle with -- by staff. Borton: Add some language to add to that section. Kane: I can do that. Thank you. Okay. Second proposed update I have for you is the -- is Title 5 and so this -- it started as a -- well, I won't give you the whole backstory, but the proposed plan is to move everything around. Title 5 is currently the fire regulations, but there is some information in there that really belongs in other sections or could appropriately be another section. So, what I'm proposing is part of a larger picture to make Title 6 a public safety -- public safety title, so that would be Police and Fire and other public safety issues. Title 5 could become the Parks code and, then, we could cut two titles off the end of our code and make it even -- make it shorter. Title 12 is currently -- has nothing in it. So, if we were to move Title 13 up we could shorten the tail and it would -- the whole thing would be shorter. So, this is all part of that kind of master plan. So, to that end I would suggest that we move the information about the Fire Department and the fire chief to Title 1, which covers officer appointments and directors -- department directors and talks about their respective departments and duties. Moving on to Chapter 3, clean air regulations, which is really about burning -- an open burning. I would suggest we move that to Title -- or Chapter 4, which is about public health. So, I would suggest that we move and renumber that. This was largely just kind of taking out some language that we don't use anymore and some -- that was duplicative. We don't issue burn permits at this -- at this time, so that -- that definition is not useful to us. There is some unnecessary language. On page four there -- it's adding a little information -- or adding one prohibition about burn bans or no burn days, which is what DEQ calls them, which would make it illegal to burn anything in the city during a burn ban. So, a lot of cities do have that and I would suggest that we add that. It also suggests that we change a violation of this code to an infraction, rather than a Meridian City Council Work Session September 26,2023 Page 6 of 9 misdemeanor. Moving on. So, page five, the fireworks code, it suggests that we move the fireworks code to Title 3, which is our licensing and permits, because it's the largely -- this section is largely about issuing permits to people selling fireworks, so -- and putting on firework shows. So, some of the effort here was to make the language of this code comport with the language in the Idaho Code and the International Fire Code. So, this definition of fireworks is the start of that. It mirrors the language in the state code, so that they -- they don't conflict and they dovetail for purposes of enforcement. A suggested addition is a definition of flame effects, which is kind of pyro technical shows. As Meridian grows we might see some of this and they are popular I think in clubs and occasionally -- so talking to Deputy Chief Bongiorno it -- it covers pyrotechnic displays, like fire -- fire dancers and other ways that people use fire to be entertaining. So, we are suggesting adding that to the regulations that apply to public fireworks displays. Skipping to the bottom of page seven -- oh, this is in addition to requiring a new permit for each sales period. Currently we allow people to apply for a permit to sell fireworks and it covers them for both summer and, then, winter. So, New Year's fireworks as well. But we recommend having two separate permits for that, so we can have two separate inspections and kind of just know that they are there is a large part of that. We would recommend -- I would recommend that we remove the provisions that require tax ID and Social Security number and driver's license number -- in part to not have that information, but also in this case we don't do background checks for fireworks stands or for public fireworks displays, so that's really unnecessary information anyway. We updated the provisions regarding site plans to conform to the Idaho -- or, sorry, the International Fire Code. The -- so Section B12 here on page eight, this is language that I worked with All American to update and I'm going to do that in each -- in each section, so that it's easier to -- it matches up with what we need to see and what best protects the city. Moving ahead. So, the bottom of page 13 1 will point out to you that we updated the distances -- separation distances from the firework stand to different things that might be on the site to comply with the 2024 International Fire Code and at the bottom of page 17 one change is that we would recommend that we not allow the use of permanent buildings for fireworks storage. That's not safe. We don't know they are there we can't inspect that, so -- and it's also inconsistent with the way we regulate short-term storage containers and the storage of fireworks. I took out a provision that is already covered by Idaho Code. There is a fireworks code in -- in Idaho Code and it does address the liability of parents and guardians for their children's activities. So, at the bottom of page 21 , at the top of page 22, this is the -- this is the inaugural reference to that section I had talked about earlier. It talks about denial procedure, appeal of denial and it just refers everyone back to that initial chapter, so that they are all -- they will all -- they are all the same and they will all be like that. And, finally, page 24, the Police Department requested that we use Idaho Code 39-2609 for our fireworks citations. It's just easier for them. It's already in their system. They are aware of that, rather than having to sift through city code. If it's necessary, if there is a provision that's not covered by that, then, we do have our own regulations, but those are the most common ones. So, I would recommend that we change that citation to reference that code section. I would also recommend that we make it a misdemeanor to violate our codes regarding storage of fireworks and public fireworks displays. Those are really the -- present the most danger to the public, because of the concentration of the fireworks Meridian City Council Work Session September 26,2023 Page 7 of 9 and, then, also the proximity of the public. But, then, everything else I would recommend that we make it an infraction. That also covers -- that also mirrors what's in state code is those personal use of fireworks violations like that would -- are one hundred dollars under the state code. They are infractions. That is it for my quick presentation. Simison: Thank you. Council, questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Good work. That's really thorough and -- and having consistent processes, love that. Does -- the material does -- a license holder or permit holder who has a violation does that jeopardize their ability to get a license in the future? Kane; Mr. Mayor, Council Member Borton, no, that's not -- that's not part of our code. That -- it is part of our temporary use permit code. That is a disqualifying event for a temporary use permit, but that's not the case with fireworks. So, could implement that. Borton: Thanks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Follow up on that. What's the -- what's the history on that? Why -- why wouldn't we want to disqualify somebody in that situation? We do it with the CUP. Seems to be maybe an elevated life safety risk with fireworks. Any -- any thought? Is that something that we just haven't discussed, haven't suggested, or is there some -- this has been -- hashed out by the legal department and you guys have come to a different conclusion? Kane: Mr. Mayor, Council Member Cavener, it hasn't been discussed thoroughly. It's largely a function of the fact that we don't do background checks on fireworks owners that -- our firework stand operators rather. The temporary use permit disqualifier is really because that event stresses the city resources. So, when -- it tends to be an issue when special event goes awry that it requires a huge response and expensive response and that's a burden borne by the city. So, that's part of the -- and it's, of course, a danger to the public if that event can't be -- it can't happen safely. So, that's something we could do here as well for the same reasons. It's honestly rare, to my knowledge, that we run into issues. The fireworks stand operators really know the rules and they are compliant and to the extent that they are not Deputy Chief Bongiorno educates them. So, that's to my knowledge not something that we really see and not a problem. It's not a problem that necessitates that in our experience. It could -- as said, it could be a change that we make. Meridian City Council Work Session September 26,2023 Page 8 of 9 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I have a follow up to that and, deputy chief, can -- process is key -- kind of how we got to this stage? Can -- and I will probably put it to you, Deputy Chief Bongiorno, to comment on the language here and Fire's involved in -- in helping craft it with Ms. Kane. I presume you are involved in all of the language and drafting and what works and what doesn't. So, just wanted to get some context of -- of your perspective on all of these proposed changes. Bongiorno: Mr. Mayor, Councilman Borton, yeah, I was thoroughly involved with this one. We -- yeah. I know. This really hasn't been touched in a long time. It was well past due. And when she sent it -- when Emily sent it to me initially and I just saw everything being crossed out, I was like, uh-oh, but, then, I realized when she explained to me most of this is already covered in state code. So, we have eliminated a ton of unnecessary language. So, then, we were able to actually focus on some things, like flame effects, because literally we just had fire dancers over at Maddies the other day that we have no permit for that, we have no -- we don't have anything for that yet. So, that was something new. And, then, just in case we have a Royal Dalton's or whoever that wants to do a band with flame effects -- the Station nightclub fire -- again, we -- I wanted to make sure that -- with Emily that we can require a permit for that, so we can inspect it and make sure it's safe. So, we covered that section. And, then, excuse me, even though we are not adopting the 2024 code, there was some language in there that made a lot of sense and so I sent that to Emily as well. So, she brought that into the code. So, we are actually looking ahead at some things that are new that are not in the 2018 Fire Code. So, thoroughly -- love it. Simison: Council, any additional questions? Comments? Mrs. Kane, next steps? Kane: The next steps are for me to put this into ordinance form and bring it back to you for adoption if you are ready. Simison: Great. Kane: Thank you. EXECUTIVE SESSION 12. Per Idaho Code section 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: So, next item on the agenda. Meridian City Council Work Session September 26,2023 Page 9 of 9 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(f). Borton: Second. Simison: Have a motion and a second to go into Executive Session. Do I have any discussion? If not, Clerk will call the roll Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (4:53 p.m. to 5:32 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move that we come out of Executive Session. Strader: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Mr. Mayor, I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 17 2023 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 12, 2023 City Council Work Session Meridian City Council Work Session September 12,2023 Page 5 of 5 Borton: Second. Simison: Motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9-26-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 12, 2023 City Council Regular Meeting Meridian City Council September 12,2023 Page 8 of 8 Simison: Have a motion and a second to approve Ordinance No. 23-2023. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:19 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 9-26-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Collective Labor Agreement Between the City of Meridian and the Meridian Fire Fighters I.A.F.F. Local 4627 COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 0 APt10MA1 RS �Ff FIGNSER� L Effective October 1, 2023 — September 30, 2026 TABLE OF CONTENTS AGREEMENT PREAMBLE..................................................................................................1 ARTICLE 1 —RECOGNITION..............................................................................................1 ARTICLE 2—DISCRIMINATION ........................................................................................2 ARTICLE 3—PREVAILING RIGHTS ...................................................................................2 ARTICLE 4—MANAGEMENT RIGHTS ..............................................................................2 ARTICLE 5—UNION DUES,FEES and ASSESSMENT CHECK OFF ...................................3 ARTICLE 6—UNION BUSINESS .........................................................................................3 ARTICLE 7—REDUCTIONS IN FORCE ..............................................................................5 ARTICLE 8—CITY AND DEPARTMENT POLICIES AND PROCEDURES..........................5 ARTICLE 9—INSURANCE..................................................................................................6 ARTICLE 10— SICK LEAVE................................................................................................8 ARTICLE 11 —INJURY LEAVE/WORKERS' COMPENSATION LEAVE....................10 ARTICLE 12—VACATION—EMERGENCY,WELLNESS& HOLIDAY LEAVE................12 ARTICLE 13—RELIEF PERSONNEL ................................................................................15 ARTICLE 14—VACANCIES...............................................................................................16 ARTICLE 15—PROMOTIONAL TESTING ........................................................................17 ARTICLE 16— GRIEVANCE PROCEDURE........................................................................19 ARTICLE 17—NO STRIKES—NO LOCKOUT ..................................................................22 ARTICLE 18—UNIFORM ALLOWANCE AND ISSUED EQUIPMENT .............................23 ARTICLE 19—HOURS OF WORK AND DESIGNATED WORK HOURS ..........................23 ARTICLE 20—BEREAVEMENT LEAVE...........................................................................25 ARTICLE 21 —ADDITIONAL DUTY AND COMPENSATION...........................................25 ARTICLE 22—WORKING OUT OF CLASSIFICATION .....................................................27 ARTICLE23— STAFFING .................................................................................................28 ARTICLE 24— COMPENSATION ......................................................................................30 ARTICLE 25—ALCOHOL&DRUG POLICY ....................................................................30 ARTICLE 26—HEALTH AND WELLNESS .......................................................................30 ARTICLE 27—REQUEST FOR REDUCTION IN RANK ....................................................31 ARTICLE 28—DISCIPLINE AND DISCHARGE ................................................................32 ARTICLE 29— SAVINGS CLAUSE ....................................................................................33 ARTICLE 30—EFFECTIVE DATE .....................................................................................34 APPENDIX "A"—Compensation Schedule APPENDIX "B"—Drug and Alcohol Policy APPENDIX "C"—Reserved APPENDIX "D"—CITY's Contribution for 2023 and 2024 medical,dental,vision,and post-employment health APPENDIX "E"—Step Plan Progression Details I AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local#4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter 5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire 6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its 7 employees, and to promote the morale, rights, and well-being of the employees of the Fire 8 Department, hereby agree as follows: 9 ARTICLE 1 —RECOGNITION 10 Pursuant to Title 44, Chapter 18, Section 1, Sub-section 1 (44-1801(l)) of the Idaho 11 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as 12 defined by said code excluding any clerical support staff, Fire Chief, Deputy Chief or Division 13 Chief. The bargaining unit specifically includes and this Agreement shall apply to, but not 14 be limited to, the following positions: 15 1.1 Twenty-Four (24) hour per shift Suppression Firefighters of the Meridian Fire 16 Department 17 These employees work shifts as defined by Article 19.1. The positions incorporated by 18 this Agreement are for Probationary Firefighter, Firefighter, Engineer, Captain-Suppression, 19 and Battalion Chief. 20 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department 21 These employees work a shift as defined in Article 19.2. The positions incorporated by 22 this Agreement are Recruit Firefighter, Captain-Fire Inspector, Captain-Training, Captain- 23 Emergency Medical Services (Captain-EMS), Captain-Logistics, and may include Suppression 24 Firefighter personnel that are assigned on a temporary basis for training, administrative 25 assignment, or light duty. Temporarily assigned personnel will not be required to flex their 26 forty(40)hour per week schedule, as defined in Article 19.2, without mutual consent by the 27 individual and the DEPARTMENT. Temporarily assigned personnel shall not have their 28 vacation or sick leave converted pursuant to Article 12.1, but will only accrue vacation and 29 sick leave at the forty(40)hour per week employee rate during the temporary assignment, in 30 accordance with Article 11.2. 31 1.3 New Positions Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page I of 34 I In the event the DEPARTMENT intends to create a new position not referenced above, 2 the DEPARTMENT will provide advance notice to the UNION and meet upon request to 3 discuss whether the new position is appropriate to be included in the bargaining unit. The 4 Parties will also meet and confer regarding testing for any newly created bargaining unit 5 positions. 6 ARTICLE 2 -DISCRIMINATION 7 There shall be no discrimination against, intimidation, or harassment of any employee 8 by either the CITY, DEPARTMENT, or UNION or any employee acting on behalf of the 9 UNION,because of the employee's membership or non-membership in the UNION or by 10 virtue of his/her holding office or not holding office in the UNION. 11 The CITY and the UNION agree that neither shall discriminate against or harass any 12 employee or prospective employee with respect to his/her compensation, terms, conditions, or 13 privileges of employment because of such employee's race, color, religion, sex,national 14 origin, age, gender identity, gender expression, sexual orientation, or other factors which do 15 not constitute bona fide occupational requirements. It shall be the exclusive responsibility of 16 the DEPARTMENT to determine bona fide occupational requirements within the meaning of 17 this Article. 18 ARTICLE 3 —PREVAILING RIGHTS 19 All rights, privileges and benefits held by the firefighters at this time which are not 20 included in this contract shall remain in force, unchanged and unaffected in any manner unless 21 agreed to and memorialized in writing by both parties to the Agreement,provided that the 22 DEPARTMENT may change or cancel any such right,privilege or benefit 1)temporarily to 23 accommodate an emergency situation; or 2)when shown to be a necessity for the best interest 24 of the CITY or the DEPARTMENT, provided further that any change, cancellation or 25 alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for 26 the purposes of harassment, or in a manner resulting in disparate treatment, and must be with 27 just cause by the CITY or DEPARTMENT. Any change shall be subject to the Grievance 28 Procedure. Nothing in this Article is intended to supersede the CITY's obligation to negotiate 29 pursuant to the provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms 30 or conditions of this Agreement. 31 ARTICLE 4—MANAGEMENT RIGHTS Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 2 of 34 I The DEPARTMENT shall have the exclusive right to exercise the regular and 2 customary functions of management, subject to the provisions of this Agreement and 3 consistent with applicable law and regulations, including, but not limited to: Determining the 4 DEPARTMENTS financial, budgetary, accounting and procurement policies and procedures; 5 Directing the activities and operations of the DEPARTMENT;Determining the levels of 6 service and methods of operations; To create and oversee Department policies, Standard 7 Operating Guidelines (SOG's), and Emergency Operating Guidelines (EOG's)not inconsistent 8 with any other terms of this Agreement. The introduction of new equipment; The right to hire, 9 lay-off, transfer and promote; To discipline and discharge employees for cause; To determine 10 work schedules and assign work; To determine job qualifications and training requirements; To 11 take whatever action may be necessary to carry out its mission. Provided that nothing in this 12 Article shall nullify: (1)Any provisions elsewhere in this agreement, or(2) The CITY's 13 statutory obligation to negotiate with the UNION Pursuant to Chapter 18, Title 44, Idaho Code. 14 Any change or cancellation of any such right or privilege that is provided within Idaho Code 15 shall be subject to the grievance procedure. 16 The terms hereof are intended to cover only minimums in wages, hours, working 17 conditions, benefits, and other terms and conditions of employment. The CITY may place 18 temporary superior wages, hours, working conditions, benefits and other terms and conditions 19 of employment in effect and may reduce the same to the minimums herein prescribed. 20 This Article shall not preclude the UNION and the CITY from meeting during the 21 period of the contract to either(1) discuss procedures for avoiding grievances and other 22 problems, or(2) generally improving relations between the parties. 23 ARTICLE 5—UNION DUES, FEES and ASSESSMENT CHECK OFF 24 The CITY agrees to deduct authorized union dues, fees and assessments in amounts 25 specified by the authorized officer of the UNION,from the pay of the UNION employees upon 26 written authorization. The CITY further agrees to transmit those amounts monthly to the 27 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and 28 assessments. The CITY will show deductions of dues, fees and assessments on the employee's 29 monthly check stubs. 30 ARTICLE 6—UNION BUSINESS 31 6.1 —Union Officer Leave and Use of Fire Stations Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 3 of 34 I Firefighters elected to UNION office shall be granted time off to attend IAFF or PFFI 2 functions, conventions, and seminars, provided that the Deputy Chief of Operations, or the Fire 3 Chief in his/her absence is given seventy-two (72)hours' notice and approves such leave and 4 the request does not incur overtime upon the Department. This can be accomplished by the 5 employee utilizing trades with other employees, utilizing vacation time pursuant to Article 12, 6 or utilizing the Union Time Bank(UTB). UNION shall be allowed to hold meetings within 7 CITY Fire Stations. By mutual consent, a meeting may be held at one station as schedule and 8 workload allows. The CITY shall always maintain authority over the use of its stations. 9 6.2—Union Time Bank 10 All bargaining unit members, upon approval by an elected UNION officer, shall have 11 access to draw from the UTB for: meeting and conferring, representing members, negotiations, 12 administrative meetings, any requested representation, and any other legitimate UNION 13 business. The UNION shall provide verification, upon request, that any member withdrawing 14 from the UTB was on UNION business. 15 6.3—Union Time Bank Use 16 Use of UTB will not result in reduction of an employee's salary or benefits. UTB 17 hours shall not count as hours worked. Upon the approval of the UNION as provided for in 18 Section 6.2, requests for UTB use shall be directed for approval to the Operations Chief and 19 then to the on-duty Battalion Chief, or the person in charge of DEPARTMENT scheduling and 20 staffing. There will be a maximum of 576 donated hours in the UTB at any time. Up to one 21 (1) bargaining unit member can utilize UTB per shift, providing the use of UTB shall not incur 22 mandatory overtime or return to duty. Use of UTB will not impact the number of employees 23 allowed off per day as defined in ARTICLE 12.1. 24 6.4—Union Time Bank Funding 25 Members of the UNION may voluntarily donate accrued vacation leave to the UTB. 26 The method of donating and accounting for the leave shall be done through the CITY'S 27 process as follows: beginning in November 2023 (utilizing October 31, 2023 vacation 28 balances), then on an annual basis during the vacation incentive program election thereafter, a 29 bargaining unit member who has vacation leave accrued in excess of fifty percent (50%) of the 30 maximum vacation accrual based off their March 31 balance, may elect to transfer accrued 31 vacation hours to the UTB in accordance with this Section. For 24-hour shift employees, any 32 amount in excess of 307 hours may be transferred; for 40-hour employees, any amount in Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 4 of 34 I excess of 216 hours may be transferred. Following the process as established by the CITY, the 2 transferred hours will be directed into the UTB. Once donated, the hours will not be 3 transferred back to the donating employee or paid out as compensation to anyone other than 4 through the use of the time. Upon resignation or retirement from the department, a UNION 5 employee may donate any amount of their remaining Vacation hours to the UTB prior to 6 receiving a payout. 7 ARTICLE 7—REDUCTIONS IN FORCE 8 Reductions in force shall be established by a resolution of the City Council. If a 9 reduction in force is directed then it shall be done based upon seniority within each section 10 Twenty-Four(24) or Forty (40) hour that is to be reduced. 11 Seniority in the Meridian Fire Department is established at the time of hiring and is 12 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a 13 coin toss. 14 No new employees, in either twenty-four(24) or forty (40)hour per week positions as 15 covered by this Agreement will be hired until the released employees have been given the 16 opportunity to return to work. When positions become available then released personnel shall 17 be re-hired in the inverse order they were released. 18 ARTICLE 8—CITY AND DEPARTMENT POLICIES AND PROCEDURES 19 The policies and procedures of the CITY and DEPARTMENT relating in any way to 20 wages, hours and/or conditions of employment pursuant to Chapter 18, Title 44, Idaho Code 21 shall be made a part of this Agreement. When considering the prevailing order of preference 22 of applicable laws and policies the parties shall all be bound by the following hierarchy: 23 1) All laws; Federal, State, and City; 24 2) The Collective Bargaining Agreement between the parties; 25 3) DEPARTMENT policy; 26 4) CITY Policy. 27 It shall be the responsibility of the UNION to notify the CITY, through the Fire Chief, 28 regarding any CITY or DEPARTMENT policy or procedure that in the opinion of the UNION 29 requires bargaining as defined in Chapter 18, Title 44. If the CITY or DEPARTMENT is 30 considering revising an existing policy or procedure or creating a new policy or procedure, 31 then the following shall occur: Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 5 of 34 1 1) The CITY, through the City Attorney or Human Resources Director, or the 2 DEPARTMENT, through the Fire Chief or the Deputy Chief, will notify the UNION in writing 3 of the addition and/or change that is being considered to a policy or procedure; 4 2) The UNION may provide written comment for consideration prior to the policy or 5 procedure being adopted; 6 3) The CITY or DEPARTMENT may consider and accept or reject the UNION's 7 recommendation; 8 4) The CITY or DEPARTMENT will notify the UNION with the final proposed policy 9 or procedure; 10 5)From the date of the notice the UNION has 30 calendar days to file a written 11 objection with the CITY or DEPARTMENT and request negotiation of the policy or 12 procedure; 13 6) The parties may negotiate and any conclusion that is reached shall be memorialized 14 in a memorandum of understanding (MOU)with the UNION; or 15 7)If the UNION determines that the proposed change does not fall under Section 6, 16 above, the CITY or DEPARTMENT shall meet and discuss upon request to collaborate on the 17 policy or procedure. 18 8)If no objection is filed the policy or procedure shall be effective for the UNION. 19 ARTICLE 9—INSURANCE 20 The CITY shall pay the equivalent cost of medical/dental/vison coverage for bargaining 21 unit members as it does for all other City employees. This amount may be applied to medical, 22 dental, vision, or post-employment health benefits by the UNION through their own provider. 23 For 2023 and 2024, it shall be pursuant to APPENDIX"D"as attached to this Agreement. The 24 rates for future years will be amended by reference with a new schedule in APPENDIX "D" 25 after rates are established. The UNION shall be responsible to provide all the necessary 26 information to the CITY to transmit the payments to the UNION's provider(s). Employees 27 with a NWFFT VEBA account will be able to access those VEBA funds while actively 28 employed and after separation from employment in accordance with IRS rules. 29 The DEPARTMENT will make a good faith effort to start Recruit Academies as close 30 to the end of a calendar month as possible to limit the number of days a new hire will work 31 before being eligible for benefits under this Article. Should an employee's eligible dependent Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 6 of 34 I status change mid-year, the CITY will increase or decrease the employer's contribution per the 2 tier that the employee transitions to based upon a qualifying event. 3 In addition, the CITY shall also pay 100%of the employee premiums for EAP, life and 4 short &long-term disability insurance. 5 9.1 Line of Duty Death Benefit 6 If a Firefighter dies in the line of duty as determined by the United States Department 7 of Justice, in addition to other benefits that are available for a firefighter who dies in the line of 8 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, 9 State Worker's Compensation, or the Public Employees Retirement System, the CITY agrees 10 to pay the following benefits: 11 1) Cash value of 100%of the accumulated sick leave up to a maximum of 720 hours 12 remaining to the survivor of the firefighter; either to the spouse, or dependent children at the 13 survivor's choice; paid in one lump sum to the party or their designated trustee or 14 representative. 15 2)A CITY-provided life insurance policy, at no cost to the firefighter, for both $50,000 16 term life and $50,000 accidental death benefit. 17 9.2—Post-Employment Benefit 18 When a firefighter retires from active duty,by qualifying under the rules existing under 19 the Public Employee Retirement System (PERSI);by points, age, medical disability, or by any 20 method in existence at the time of retirement allowed by PERSI, the CITY agrees to pay the 21 cash value equivalent of twenty-five percent (25%)of the accumulated sick leave remaining 22 for that firefighter to them at the time of their retirement. 23 9.3 Voluntary Health Insurance and Benefits and Medical Expense Reimbursement 24 Program (MERP) 25 There shall be established a Firefighter-Only Retirement Health Plan between the 26 UNION and a vendor of their choosing;Washington State Council of Firefighters Medical 27 Expense Plan for Retirees (WSCFFMERP). The CITY shall require that all bargaining unit 28 members be required to be a member of WSCFFMERP. 29 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by 30 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be 31 required to submit plan documents to the CITY with all the necessary information to allow the Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 7 of 34 I CITY to accomplish the payroll deduction. The amounts will be reflected in the individual 2 UNION members monthly pay stubs. 3 The deductions by the CITY have to align with the beginning of the CITY's pay 4 periods and payrolling system. 5 ARTICLE 10— SICK LEAVE 6 Any twenty-four(24)hour shift employee of the bargaining unit incurring a non-duty 7 sickness or disability which renders them unable to perform their duties shall receive sick leave 8 with full pay within his/her accumulated sick leave time. All twenty-four(24)hour shift 9 employees shall accrue twenty-four(24)hours per month. The maximum time accumulated 10 shall be 1152 hours. The accumulated sick leave shall carry over from one contract to the 11 succeeding contract. 12 Any forty (40)hour per week employee of the bargaining unit shall accrue eight (8) 13 hours per month with a maximum accumulation of 720 hours. The accumulated sick leave 14 shall carry over from one contract to the succeeding contract. 15 Any bargaining unit employee that transfers from a twenty-four(24)hour shift position 16 to a forty (40)hour per week position or vice versa shall have their accumulated leave adjusted 17 by the following conversion factor. 18 • Twenty-four(24) hour shift transfer to forty (40)hour per week shift—Multiply 19 accumulated leave by .625 20 • Forty(40)hour per week shift transfer to twenty-four(24)hour shift—Multiply 21 accumulated leave by 1.60 22 Any bargaining unit employee, whose employment with the CITY is voluntarily 23 separated from employment, but not by PERSI retirement, shall be paid, at their regular wage 24 rate, for 10% of their accrued sick leave at the date of separation. If an employee is 25 involuntarily terminated by the CITY, excluding workforce reduction, no pay will be given. 26 Any bargaining unit employee unable to perform their duties for more than four(4) 27 consecutive shifts for twenty-four(24)hour shift employees and three (3) consecutive days for 28 forty hour per week employees due to non-duty sickness or disability may be required to 29 provide medical documentation from their attending physician that states that the employee is 30 unable to perform their regular duties. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 8 of 34 I If the Family Medical Leave Act (FMLA) is going to be needed or invoked for an 2 employee, they must follow all regulatory requirements. The employee should contact the City 3 Human Resources Department to assure compliance. 4 An employee on unpaid personal leave will not accrue any sick leave benefits for leave 5 that exceeds six(6) or more consecutive work shifts for twenty-four-hour shift employees or 6 ten (10)consecutive days for forty hour per week employees, except where otherwise required 7 by law. 8 If the CITY offers a Buy Back or any other incentive program related to accrued sick 9 leave to any City employee, the same terms will be offered to the UNION. 10 10.1 Donating of Vacation Leave and Receiving Paid Time Off for Catastrophic Illness or 11 Injuries (FMLA Qualifying) of Firefighters or Family employees 12 Bargaining unit members that suffer a catastrophic illness or injury to themselves or an 13 immediate family member shall be eligible to receive leave time from another employee to 14 cover any loss of income for the employee's absence from their regularly scheduled duty 15 assignment. 16 The illness and/or injury as well as the qualifying individual must all comply with the 17 requirements of City Policy 4.2.1 to be able to receive this paid time off. The qualifying event 18 will be defined by the FMLA Regulatory Guidelines other than the time period of eligibility 19 service requirement. 20 Bargaining unit members may donate all of their accrued vacation hours per calendar 21 year. The receiving employee may not receive more than 480 hours for forty (40)hour per 22 week employees or 720 hours for 24-hour shift employees of donated time per calendar year 23 except as allowed by City Policy 4.2.1. Pursuant to the City of Meridian Standard Operating 24 Policy and Procedure No. 4.2.1, employees are eligible to donate accumulated vacation leave 25 to another employee that has a qualifying need and has exhausted all of their available sick and 26 vacation leave. 27 Additionally, the CITY provides Short Term and Long Term disability benefits to 28 employees. The paid time off that is necessary for an employee to maintain their pay and 29 PERSI eligibility during this period shall be coordinated with that benefit so that the employee 30 does not receive an excess of their regular pay. After the CITY receives notice from the 31 employee regarding an extended use of vacation or sick leave, the CITY will provide notice to 32 an employee of their option to supplement Short Term and Long Term disability benefit(s) and Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 9 of 34 I details regarding the amount of supplementation necessary to maintain PERSI credits. All IRS 2 regulations must be followed by any participant in this program. 3 10.2 Paid Parental Leave 4 The CITY will provide a maximum of two-hundred and forty (240)consecutive 5 scheduled work hours of paid parental leave, regardless of gender of the bargaining unit 6 member, upon meeting the following eligibility conditions: the bargaining unit member is 7 classified as Regular Full Time and the bargaining unit member is eligible for Family and 8 Medical Leave (FMLA)by being in a pay status for least 1,250 hours in the previous 12 9 months. This benefit is available to bargaining unit members who become parents via birth or 10 adoption. Eligibility begins the date the child is born or placed via adoption. 11 ARTICLE 11 —INJURY LEAVE/WORKERS' COMPENSATION LEAVE 12 11.1 Workers' Compensation Leave 13 When a firefighter is injured or becomes ill on the job, the firefighter shall be entitled to 14 injury leave with full monthly pay without reduction which includes the wage scale in 15 APPENDIX "A," during the time period in which the firefighter is unable to perform their 16 duties as defined within his/her job description, limited to a maximum of twelve (12)months 17 or until such time as the firefighter is accepted for retirement by the current retirement system, 18 whichever comes first. If a claim is denied for workers' compensation coverage by the State 19 Insurance Fund, the time previously coded as workers' compensation from the date of the 20 injury or illness will be converted to sick leave, other available leave accruals, or leave without 21 pay. After twelve (12) consecutive months a firefighter is on workers' compensation leave the 22 DEPARTMENT and the employee shall address each situation on a case by case basis 23 considering all factors involved i.e., the State Insurance Fund, the employee's physician's 24 diagnosis for recovery, the employee's active participation in healing, and any other relevant 25 factor. During the period of injury leave any workers' compensation benefits received by the 26 employee for total or partial temporary disability during the employee's injury leave with full 27 pay shall be turned over to the CITY. All employees on injury leave shall be subject to an 28 examination by a Doctor acceptable to the CITY. The CITY may require recertification by a 29 physician every thirty (30) days at the CITY's expense. 30 11.2 Light Duty Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 10 of 34 I The DEPARTMENT has the right to determine if light duty exists. Light duty will be 2 made available on an equitable basis. The DEPARTMENT has the right to reassess the light 3 duty position every thirty(30) days. 4 The DEPARTMENT reserves the right to re-assign work schedules as necessary when 5 assigning light duty. This right shall include,but not be limited to changing days of work, 6 hours of work, and type of work to be performed. If light duty is scheduled to be thirty (30) 7 days or less, leave accruals will remain at the twenty-four(24)hour shift firefighter rate. If 8 light duty extends beyond thirty (30) days and past the first day of the next calendar month, the 9 firefighter will begin accumulating leave benefits at same accrual rate of a bargaining unit forty 10 (40) hour per week employee until light duty ends. When the firefighter returns to regular duty 11 assignment or light duty otherwise ends the normal leave benefits will begin to accrue 12 immediately. When the return to duty or end of light duty occurs, the bargaining unit member 13 will accrue at their normal accrual rate,retroactive to the first day of the calendar month. 14 Assigned light duty shall in no way endanger, aggravate or prolong the full physical 15 and/or mental recovery of the employee. 16 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 17 benefit accrual as previously agreed to or provided for by this agreement or by past practice of 18 the management except for the exceptions as provided within this Article. 19 11.2.1 Whenever a firefighter is unable to perform their full duties as a result of a work- 20 related injury or illness, the firefighter may be required to report to work in a light duty 21 status if the DEPARTMENT determines that light duty work exists or is available at 22 that time. Assigned light duty for a work-related injury or illness shall be strictly 23 limited to instructions, restrictions, or limitations provided by the DEPARTMENT's 24 contracted physician, the Emergency Responders Health Clinic. 25 11.2.2 Light duty may be available for non-work-related injury or illness. Bargaining 26 unit members may request temporary light duty as a result of their inability to perform 27 the essential functions of their job, including due to pregnancy or off-the-job illness, 28 injury or medical condition. Assigned light duty instructions, restrictions, or limitations 29 and return to work for non-work-related reasons, including pregnancy or off-the-job 30 illness, injury, or medical condition will be determined by the bargaining unit 31 member's health care provider. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page I I of 34 I ARTICLE 12—VACATION—EMERGENCY—WELLNESS &HOLIDAY LEAVE 2 12.1 Vacation Leave 3 All twenty-four(24)hour shift employees shall accrue paid vacation leave on a 4 monthly basis according to the table below. Maximum hours accrued shall be 614 hours. 5 Once the employee reaches the maximum accrued hours they will no longer accumulate any 6 leave until the hours fall below the maximum accrual. Vacation (24 Hour Shift) Min. Max. Hours per Max. Conversion Years Years Month Accrual Factor 0 2 24.00 614.00 0.625 3 4 26.00 614.00 0.625 5 6 28.00 614.00 0.625 7 8 30.00 614.00 0.625 9 10 32.00 614.00 0.625 11 12 34.00 614.00 0.625 13 14 36.00 614.00 0.625 15 16 38.00 614.00 0.625 17 18 40.00 614.00 0.625 19 20 42.00 614.00 0.625 21 22 44.00 614.00 0.625 23 24 46.00 614.00 0.625 25+ 48.00 614.00 0.625 7 All forty (40)hour per week employees shall accrue paid vacation leave on a monthly 8 basis according to the table below. Maximum hours accrued shall be 432 hours. Once the 9 employee reaches the maximum accrued hours they will no longer accumulate any leave until 10 the hours fall below the maximum accrual. Vacation (40 Hour Shift) Min. Max. Hours per Years Years Month Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 12 of 34 0 2 12.00 3 4 12.50 5 6 13.00 7 8 13.50 9 10 14.00 11 12 14.50 13 14 15.00 15 16 15.50 17 18 16.00 19 20 16.50 21 22 17.00 23 24 17.50 25+ 18.00 1 Any bargaining unit employee that transfers from a 24-hour shift position to a 40-hour 2 per week position or vice versa shall have their accumulated leave adjusted by the following 3 conversion factor. 4 • Twenty-four(24) hour shift transfer to forty(40)hour per week shift—Multiply 5 accumulated leave by .625 6 • Forty (40)hour per week shift transfer to twenty-four(24) hour shift—Multiply 7 accumulated leave by 1.60 8 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 9 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 10 vacation. 11 Vacation Leave usage shall be governed by departmental policy. Vacation leave may 12 be granted at any time,up to and including the day requested, as long as no more than three 13 firefighters have been granted vacation leave on the requested day. If the formula listed below 14 changes the number of allowed firefighters to be take vacation on a given day then the higher 15 number shall control. Vacation leave will be granted for a minimum four(4)hours. 16 The number of 24-hour shift personnel that shall be permitted to use vacation leave per 17 shift shall be determined by the following formula: 18 The number of budgeted positions per shift (to include firefighters, engineers, captains, 19 and battalion chiefs) divided by 6.5. (Example: 20 ff's on a shift divided by 6.5 = 3.07). Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 13 of 34 I Newly budgeted positions which have been approved by the City but not yet filled, or 2 are filled with a Recruit, shall be excluded from this calculation. 3 The minimum number of firefighters permitted to use vacation leave shall not be lower 4 than five (5)per shift. The increase of an additional firefighter utilizing vacation leave on a 5 shift shall not change until the quotient of the formula meets or exceeds the next whole 6 number. 7 Additional personnel may be permitted to use vacation leave if it will not cause 8 additional overtime to the DEPARTMENT and is approved by the Battalion Chief. 9 NOTE: Firefighters who are promoted to any non-represented position shall have their 10 existing vacation and sick leave balances converted using the formula above. The employee 11 shall then be subject to the accrual rates pursuant to City policy of eight (8)hours of sick leave 12 monthly and vacation accruals based upon years of service with the City of Meridian. 13 12.2 Emergency Leave 14 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 15 (4) hours and until the emergency no longer exists and the firefighter can return and perform 16 their job as required. The employee's Station Captain shall have the authority to grant the 17 immediate leave and will contact the Battalion Chief as soon as practical to acquire a 18 replacement pursuant to this Agreement and Departmental policy. 19 An"Emergency" for the purposes of this clause shall be a matter that could not have 20 been anticipated or known prior to the beginning of the employee's shift and should in the 21 discretion of the Station Captain be a matter of concern of great bodily harm to the employee 22 or their immediate family; a matter of great property loss or damage to the employee and 23 should only be granted in the most extraordinary of circumstances. 24 12.3 Wellness Leave 25 Wellness Leave is an incentive offered by the City of Meridian to all of its employees. 26 An employee receiving a wellness leave incentive, pursuant to City policy shall be allowed to 27 submit for the day off under the DEPARTMENT's Vacation Leave policy. 28 12.4 Holiday Leave 29 All twenty-four(24)hour shift employees shall accrue and receive eight (8) hours paid 30 leave for each of the holidays listed below and any additional days recognized by the State of 31 Idaho on the pay period that coincides with the holiday. All holiday time shall be in addition 32 to the employee's accumulated vacation leave, and shall accrue as each holiday occurs. All Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 14 of 34 I twenty-four(24)hour shift employees shall have the holiday leave added to their vacation 2 leave. All employees shall be entitled to eleven (11)holidays per calendar year as listed 3 below: 4 NEW YEAR'S DAY LABOR DAY 5 CIVIL RIGHTS DAY COLUMBUS DAY 6 PRESIDENT'S DAY VETERAN'S DAY 7 MEMORIAL DAY THANKSGIVING DAY 8 JUNETEENTH CHRISTMAS DAY 9 INDEPENDENCE DAY 10 11 All forty (40)hour per week employees shall NOT receive Columbus Day as a holiday, 12 but shall receive the day after Thanksgiving as a holiday. The forty(40)hour per week 13 employees will not be scheduled to work on all the remaining holidays as listed above. If the 14 designated holiday falls on a weekend then the employee shall take the CITY designated day 15 as the holiday. In the event the holiday falls on a weekday in which the employee is not 16 normally scheduled to work as a result of a 4-10 schedule, the employee shall receive ten (10) 17 hours of holiday pay. 18 12.5 Vacation Incentive Program 19 Each year, a bargaining unit member who has vacation leave accrued in excess of fifty 20 percent (50%) of the maximum vacation accrual based off their March 31 balance,may elect to 21 rollover accrued vacation hours and transfer the converted amount to deferred compensation in 22 accordance with this Section. For 24-hour shift employees, any amount in excess of 307 hours 23 may be transferred; for 40-hour employees, any amount in excess of 216 hours may be 24 transferred. Following the process as established by the CITY, the converted amounts can be 25 directed into a deferred compensation account: PERSI Choice 401(k)or State 457 (b). Hours 26 will be compensated on a 1:1 basis at the bargaining unit member's regular rate as of the date 27 of payment. 28 ARTICLE 13 —RELIEF PERSONNEL 29 The DEPARTMENT will provide qualified relief personnel with full-time employees. 30 Sufficient relief personnel shall be used to maintain normal coverage of each shift period of 31 vacation, holidays, sick leave, and fire related education. Relief personnel may include current 32 department personnel working out of classification in a higher ranked position, pursuant to this 33 Agreement. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page I S of 34 I ARTICLE 14 -VACANCIES 2 14.1 —Entry Level Vacancies 3 Entry level or lateral firefighters shall be determined by a generally accepted standard 4 testing method within the fire service profession. The purpose of the test shall be to establish a 5 hiring list of applicants for firefighter vacancies that may occur. This test shall not limit the 6 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies. 7 Any unfilled firefighter position caused by termination, retirement, promotion or 8 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be 9 filled as soon as possible from a hiring list of eligible applicants on file for that position. When 10 a list exists, offers will be made within thirty(30) days of the vacancy and filled within thirty 11 (30) days of acceptance of a job offer. If there is no existing list, then entry level positions will 12 be filled after the next available testing. Vacancies must be filled no later than one (1)year 13 from the opening. The final decision regarding the hiring of entry level or lateral firefighter 14 candidates shall be at the discretion of the Fire Chief. 15 14.2 Vacancies Above Entry Level 16 Any unfilled firefighter position caused by termination, retirement, promotion or 17 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be 18 filled from a hiring list of eligible applicants. The DEPARTMENT shall make every effort to 19 fill vacancies for the position of Engineer, Captain, Battalion Chief, and any newly created 20 bargaining unit position from the current ranks of full-time personnel of the 21 DEPARTMENT. In the event a vacancy occurs and a list exists, the vacancy will be filled 22 within thirty (30) calendar days. In the event a vacancy occurs six (6) or more months prior to 23 the next annual promotional test and no list exists, within thirty (30) calendar days the 24 DEPARTMENT will begin a mid-cycle promotional testing process. A promotional list will 25 be created from which the vacancy/vacancies will be filled within thirty (30) days. If a mid- 26 cycle test is given and there are not enough successful candidate(s)to fill the 27 vacancy/vacancies, a second mid-cycle test will be given within thirty (30) calendar days of 28 completion of the first test for those candidates unsuccessful on the first test who had passing 29 scores on the interview(s) and failed no more than one (1) component. Unsuccessful 30 candidates eligible for retesting will be tested only on the component(s) failed in the first mid- 31 cycle test. If a second test is given and there are still not enough successful candidate(s)to fill 32 the vacancy/vacancies, or in the event there are no applicants for the first test, the Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 16 of 34 I DEPARTMENT has the right to hire outside of the Meridian Fire Department to fill the vacant 2 position(s). The DEPARTMENT will give notice to the UNION prior to posting a lateral 3 position for vacancies above entry and meet and confer upon request to address the testing 4 process for the position(s). Successful candidates on the primary mid-cycle test will be placed 5 on the promotional list in order of test scores. Those candidates who are successful on a mid- 6 cycle retest, if necessary, will be addended to the bottom of any existing list in order of test 7 scores. 8 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 9 occupational requirements within the meaning of this Article. 10 ARTICLE 15—PROMOTIONAL TESTING 11 Eligibility tests for promotion shall be given at least on an annual basis. To be 12 considered for promotion to Engineer the employee must have advanced to at least the rank of 13 Firefighter Step 3, to be considered for promotion to Captain the employee must hold the rank 14 of Engineer, and to be considered for promotion to Battalion Chief the employee must hold the 15 rank of Captain for a minimum of three (3)years. The employee must complete a Department 16 sponsored development program for the position being tested for(Engineer Development 17 Program, Officer Development Program, or Chief Officer Development Program). 18 All promotional lists will become effective no later than the 21 st of the month following 19 the completion of the test being given and will not have an expiration date. Subsequent lists, 20 including those resulting from mid-cycle tests, will be added in order of test scores below the 21 existing list. Any bargaining unit member on a promotional list may turn down a promotion 22 and remain on the list without losing position on the list. 23 Examinations will be given a minimum of every year for Engineers, Captain- 24 Suppression and Battalion Chief. For all other promotional positions identified in this 25 Agreement, testing will be done on an as needed basis. A notice of impending promotional 26 exam with a designated bibliography and defined scoring criteria for the position(s)being 27 tested shall be provided to all personnel for a minimum of ninety (90) days prior to the test 28 date. Notice shall be provided by a department wide email to all employees of the department 29 and by the posting of notices in each Fire Station and the Administrative office of the Fire 30 Department. 31 All examinations shall be impartial and shall relate to those matters which will test 32 fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 17 of 34 I exclusive responsibility of the DEPARTMENT to determine bona fide occupational 2 requirements within the meaning of this Article. The DEPARTMENT shall be the sole judge 3 of skills, qualifications and ability. Seniority for promotions will be one (1)point per year of 4 service in the department, up to the maximum of ten(10)points. Seniority points will be 5 added after successful completion of the examination. Promotional examinations shall consist 6 of a written test, assessment center, and oral board(s). In the event of a tie after seniority 7 points are added and scoring to the hundredth decimal place is not determinative, the 8 bargaining unit member higher on the DEPARTMENT seniority list will be ranked higher on 9 the promotional list. The components of the assessment center shall be identified at the time of 10 the announcement of the test. The following formulas will be used to determine the 11 candidate's final score on promotional examinations for Engineer, Captain and Battalion Chief 12 respectively: 13 Engineer's Exam Scoring Criteria: 14 Written test: 20% of overall score; 75%minimum passing score 15 Assessment Center: 50% of overall score; 70%minimum passing score on every component 16 Operational Oral Board: 30%of overall score; 70%minimum passing score 17 Captain's Exam (Suppression, Training, and Inspector) Scoring Criteria: 18 Written test: 20% of overall score; 75%minimum passing score 19 Assessment Center: 50% of overall score; 70%minimum passing score on every component 20 Operational Oral Board: 15%of overall score; 70%minimum passing score 21 Chief's Oral Board: 15% of overall score; 70% minimum passing score 22 Battalion Chief's Exam Scoring Criteria: 23 Written test: 20%of overall score; 75%minimum passing score 24 Assessment Center: 50% of overall score; 70%minimum passing score on every component 25 Operational Oral Board: 15%of overall score; 70%minimum passing score 26 Chief's Oral Board: 15% of overall score; 70% minimum passing score 27 Within thirty (30) calendar days after an annual test is given, those candidates 28 unsuccessful on the annual test who had passing scores on the interview(s) and failed no more 29 than one (1) component will be eligible to retest. Unsuccessful candidates eligible for retesting 30 will be tested only on the component(s) failed in the annual test and, if successful, will be 31 added to the bottom on the existing list in order of test score. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 18 of 34 I The DEPARTMENT shall offer position-specific development programs (Engineer 2 Development Program, Officer Development Program, and Chief Officer Development 3 Program) annually. It shall be the employee's responsibility to attend when the opportunity is 4 offered. 5 ARTICLE 16—GRIEVANCE PROCEDURE 6 16.1 —Grievances and Arbitration Process 7 Intent 8 It is the declared objective of the parties to encourage prompt and informal resolution 9 of bargaining unit member and UNION complaints as they arise and to provide recourse to 10 orderly procedures for the satisfactory adjustments of complaints. With regard to the 11 Grievance Article only, working days will mean the days of the week, Monday through Friday, 12 excluding Saturdays, Sundays and Holidays. 13 Election of Procedure 14 Nothing in this grievance procedure prevents any bargaining unit member or the 15 UNION and their Supervisor and/or Chief Officer from resolving any grievable incident prior 16 to the filing of a grievance. The bargaining unit member or the UNION may select this 17 grievance procedure as evidenced by the filing of written notice of intent to grieve. 18 Grievance Procedure 19 The following procedures will apply to grievances filed under this procedure: 20 A. A grievance is defined as a complaint by one (1)or more members of the UNION, 21 involving the interpretation or application of this AGREEMENT or written policies and 22 rules of the DEPARTMENT and/or CITY, or disciplinary action. 23 B. Written grievances shall contain the following information: 24 i. A written statement of the specific provisions of this AGREEMENT or other 25 policies or rules alleged to have been violated, misapplied or misinterpreted. 26 ii. A statement of facts as to the manner in which the provision is purported to have 27 been violated, misapplied or misinterpreted. 28 iii. The date or dates on which the violation(s)occurred. 29 iv. The date the grievance was filed. 30 v. The specific remedy or adjustment sought. 31 Strict technical compliance with the terms of this Section is not required to preserve the 32 arbitrability or grievability of the grievance. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 19 of 34 I C. The written response by the DEPARTMENT and/or CITY shall contain the following: 2 i. Affirmation or denial of the facts upon which the grievance is based. 3 4 ii. An analysis of the alleged violation, misinterpretation or misapplication of the 5 AGREEMENT. 6 7 iii. The remedy or adjustment, if any,proposed by the DEPARTMENT and/or CITY. 8 9 Strict technical compliance with the terms of this Section is not required to 10 preserve the arbitrability or grievability of the grievance. 11 D. Grievances must be filed with the UNION within fourteen (14)working days after the 12 event giving rise to the grievance. To comply, a Grievance Fact Sheet must be filled 13 out by the grievant and turned into a member of the Grievance Committee. Within 14 five (5) working days after receiving the grievance, the UNION shall notify the Fire 15 Chief of the grievance and provide general information of the grievance to allow the 16 CITY to investigate the grievance for the purposes of providing a timely response 17 should the grievance be found meritorious and pursued by the UNION. 18 E. The UNION shall file its written findings for any grievance it supports with the Fire 19 Chief no later than fourteen(14)working days after receiving the Grievance Fact 20 Sheet with the exception of grievances arising from terminations, demotions or 21 suspensions without pay which are referenced in Article 16.2, Section B. Termination, 22 Demotion and Suspension without Pay. 23 F. The DEPARTMENT shall provide a written response to be filed no later than ten(10) 24 working days after receiving the filed grievance. Within ten(10)working days after 25 the UNION's receipt of the DEPARTMENT'S written response, representatives of the 26 UNION Grievance Committee and the DEPARTMENT, shall meet and attempt to 27 resolve the grievance. 28 G. If the grievance is not resolved as outlined in Article 16.1, Subsection F, and the 29 UNION, with or without the complaining employee, wishes to continue the grievance, 30 the UNION may file a notice of arbitration with the Meridian City Attorney, within 31 thirty (30)working days after receipt of the Fire Chief's written response as outlined 32 in this section, or, if the Fire Chief failed to respond, within forty (40)working days of 33 the UNION's filing of its written findings with the DEPARTMENT. 34 Arbitration Procedure Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 20 of 34 I A. At the time of filing the notice of arbitration, an Arbitration Panel shall be selected no 2 later than thirty (30) calendar days from the notice of filing. The Arbitration Panel 3 members shall not be a current or past elected official or employee of the CITY. The 4 CITY and the UNION shall each select an arbitrator to represent their interests in the 5 arbitration. The Arbitration Panel shall consist of 3 total members. 6 B. If a third member of the Arbitration Panel cannot be agreed upon, the parties shall, 7 within twenty (20) calendar days after the notice of arbitration is filed, the UNION or 8 CITY may request a list of nine (9) arbitrators located in Region 1 (Pacific Northwest) 9 with public safety industry specialization from the Federal Mediation and Conciliation 10 Service (FMCS) from which one will be selected. The method of selection shall be by 11 alternate striking of names on the list until only one (1) name remains. Striking shall be 12 conducted no later than ten(10) calendar days after receipt of the list. The one (1) 13 remaining shall be the selected third member, and Lead Arbitrator. The party who 14 strikes the first name shall be determined by the flip of a coin. Written notice of the 15 appointment of the selected Lead Arbitrator shall be signed by both parties and mailed 16 to said arbitrator within five (5)working days after the selection. 17 C. Upon the appointment of the Lead Arbitrator, as provided above, said Arbitration Panel 18 shall hold an arbitration hearing as soon as practicable at the time and place mutually 19 selected by the parties. The parties will make every effort to schedule the hearing as 20 soon as practicable based on the availability of the Lead Arbitrator. If the Lead 21 Arbitrator is not available for the hearing within sixty (60) calendar days after 22 accepting the appointment, the parties may mutually agree to select a new Lead 23 Arbitrator with earlier availability. The hearing shall be conducted pursuant to the 24 provisions of Chapter 9, Title 7, Idaho Code and the terms and conditions of this 25 AGREEMENT. 26 D. The Arbitration Panel shall conduct a hearing and shall render a decision in writing, 27 which shall be final and binding on both parties, subject only to the parties ' right to 28 seek vacation or modification to the Arbitration Panel award pursuant to the 29 provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Panel shall have only 30 such jurisdiction and authority to interpret and apply the provisions of the Agreement 31 as shall be necessary to the determination of the arbitration issue. The Arbitration Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 21 of 34 I Panel shall not have any power to add or subtract from, modify or alter in any way, 2 the provisions of this Agreement. 3 E. The cost of the Lead Arbitrator shall be borne equally between the UNION and the 4 CITY. Each party shall bear the costs of their Arbitration Panel member and the costs 5 of presenting their own case. 6 16.2 -Termination, Demotion and Suspension Without Pay 7 A. The CITY and UNION agree it is in the best interests of all parties to expedite 8 grievances arising from disciplinary action which results in termination of employment, 9 demotion, or suspension without pay. Therefore, grievances that the UNION finds 10 meritorious shall be filed in writing with the DEPARTMENT within thirty (30) 11 calendar days after discipline is issued. The DEPARTMENT will respond in writing 12 within ten(10) calendar days of the date the grievance is filed. 13 B. When the DEPARTMENT terminates an employee, such termination shall be effective 14 upon the date the termination is issued. All other provisions of Section A shall apply to 15 these grievances in regards to due process and the procedure for contesting the action. 16 ARTICLE 17 -NO STRIKES—NO LOCKOUT 17 Upon the consummation and during the term of this Agreement, no employee of the 18 Fire Department covered by this Agreement shall strike or recognize a picket line of any labor 19 organization while in the performance of his/her official duties,in accordance with Idaho Code 20 Section 44-1811. 21 It is mutually agreed that there shall be no strike authorized by the UNION and no 22 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by 23 the grievance procedure set forth herein. No picket line, at or around the City's property, 24 established by any other person or organization shall be sanctioned or honored during the term 25 of this Agreement. 26 The UNION agrees that as part of the consideration for this Agreement, it will, within 27 twenty-four(24)hours take steps to end any unauthorized work stoppages, strikes, slow-downs 28 or suspensions of work, instructing their members to work immediately. The UNION agrees 29 that it will not assist employees participating in unauthorized work stoppages, strikes, slow- 30 downs or suspensions of work. For purposes of this section, the term"strike" shall include a 31 cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 22 of 34 I ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 2 The CITY and the UNION believe that professionalism and pride in the City and the 3 Fire Department are a significant part of a superior fire service. Both the CITY and the 4 UNION believe that the attire of the firefighter and their conformance with professional 5 appearance helps achieve the goals of a superior organization. All uniform and work attire 6 shall be clean and appropriately pressed or maintained. It shall be within the discretion of the 7 Fire Chief or his designee to determine if an article of clothing is no longer serviceable for 8 wear on duty. The DEPARTMENT shall maintain an inventory of clothing suitable for 9 replacement of worn items. 10 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 11 minimum requirements for station uniform wear. The brand, style, materials and color of 12 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 13 comprised of two (2)UNION employees and one (1) employee of management designated by 14 the Fire Chief. The Committee may recommend changes, but the final decision shall be at the 15 discretion of the Fire Chief. 16 The CITY agrees to provide the necessary equipment for bargaining unit members to 17 perform their duties. 18 All of the Uniform, Personal Appearance standards, and Issued Equipment shall be 19 governed by mutually agreed DEPARTMENT Policy. 20 ARTICLE 19—HOURS OF WORK AND DESIGNATED WORK PERIODS 21 19.1 Twenty-Four(24)Hour Per Shift Suppression Firefighters of the Meridian Fire 22 Department 23 The designated work period for all twenty-four(24)hour shift employees covered 24 under this Agreement shall be on a twenty-four(24) day cycle with coverage at 192 hours. 25 Under the Fair Labor Standards Act (FLSA), 182 actual hours worked (as defined by FLSA) 26 will be paid at the regular hourly rate and at least ten (10)hours paid at the overtime rate of one 27 and one-half of the employee's regular rate if no excluded hours under the Act have been 28 taken, other than a"shift trade." An employee will receive overtime when they exceed the 29 "hours worked," as defined by FLSA in the 24-day work cycle of 182 hours. 30 The regular work schedule for twenty-four(24)hour shift employees shall be two 31 consecutive twenty-four(24)hour shifts on duty and ninety-six (96)hours off consecutively. 32 No suppression firefighter may be required to work more than ninety-six (96) hours Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 23 of 34 I consecutively. A suppression firefighter may not work more than ninety-six(96) hours 2 consecutively without requesting and receiving specific authorization by the Shift Battalion 3 Chief(or the Deputy Chief of Operations or their designee if the Shift Battalion Chief is the 4 member requesting). A shift shall be twenty-four(24)hours of duty, starting at 0700 and 5 ending at 0700. For illustrative purposes, the regular work schedule for suppression personnel 6 is listed below with an X representing an on-duty shift and an O representing and off-duty 7 shift. 8 XXOOOOXXOOOO 9 19.2 Forty (40) Hour Per Week Firefighting Personnel of the Meridian Fire Department 10 The regular work week shall be forty hours (40) per week and shall be Monday through 11 Friday, 8:00 a.m. to 5:00 p.m. with a one (1) hour lunch break included or as four(4)days per 12 week for a ten(10) hour a day shift at the DEPARTMENT's discretion. Any time worked over 13 forty(40)hours per week shall be paid at an overtime rate of one and one-half of the 14 employee's regular rate to the next 1/2 hour for the actual hours worked. When circumstances 15 dictate, the Chief reserves the right to flex this schedule to meet the DEPARTMENT's needs. 16 As a courtesy, the affected employee will be given one (1) weeks' notice of the schedule 17 change, unless the change is unforeseen. In an unforeseen circumstance the Chief has the right 18 to change the schedule to meet the need, but once the circumstance is over, the schedule will 19 be returned to normal. 20 19.3 On Call Pay for Forty (40) Per Week Firefighting Personnel of the Meridian Fire 21 Department 22 The CITY recognizes these positions may require the employee to be "on call" for a 23 period of time as determined by the DEPARTMENT, or voluntarily be "on call" based on the 24 employee's availability for after-hours response. Examples include, but may not be limited to, 25 filling the roles of Fire Investigator or Safety Officer. If the employee is "on call" in either 26 circumstance, the CITY agrees to compensate the employee in the following manner: 27 • Regularly scheduled work day -2 hours per day 28 • Regularly scheduled day off-4 hours per day 29 • Holidays -4 hours per recognized holiday per Article 12.4 Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 24 of 34 I Forty (40)hour employees called back to work during a required "on call" period by 2 the DEPARTMENT shall be paid at one and one-half their regular rate for all hours worked. 3 For all other voluntary"on call," the employee shall be paid consistent with Article 19.2. 4 ARTICLE 20—BEREAVEMENT LEAVE 5 In the event of a death in the twenty-four(24)hour shift employee's immediate family, 6 they shall be entitled to forty-eight (48)consecutive shift hours off for bereavement leave. 7 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 8 absence at the discretion of the Fire Chief or Deputy Chief of Operations in his/her absence. 9 In the event of a death in the forty(40)hour per week employee's immediate family, 10 they shall be entitled to three (3) consecutive workdays off for bereavement leave. Additional 11 leave may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 12 discretion of the Fire Chief or Deputy Chief of Operations in his/her absence. 13 For purposes of this article, immediate family shall be defined as current spouse, 14 children,parents, in-laws, brother, sister, grandparents, or grandchild of the employee or a 15 member of the employee's household residing there at the time of their death whether related 16 to the employee or not. In-laws are defined as a father, mother, or grandparents of current 17 spouse, or sister and brother in-law of the employee. Adopted, foster or"step"relationships 18 will be considered same as any other family relationship. 19 ARTICLE 21 —ADDITIONAL DUTY AND COMPENSATION 20 Any firefighter reporting for duty while off-duty shall have all of the benefits that 21 he/she would normally have while on his/her regular tour of duty. All additional compensation 22 accumulated by a firefighter shall be due and payable in their next pay period. 23 21.1 Definition of Overtime, Scheduled Overtime and Compensation 24 Overtime pay shall be paid as defined by Article 19 of this agreement. However, when 25 a bargaining unit member is required to return to work for any off-duty meetings (including 26 committee work where bargaining unit member(s) and the DEPARTMENT participate jointly 27 that is required by the Chief or by Department Policy), required off-duty training, or any other 28 reason deemed necessary and required by the DEPARTMENT that is scheduled or planned, 29 hours will be compensated at a rate of one and one-half times the employee's regular rate of 30 pay regardless of hours worked in the FLSA work period. 31 21.2 Definition of Emergency Callback and Compensation Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 2S of 34 I Emergency Callback shall be when a firefighter is requested to return to work by the 2 DEPARTMENT at a time that the firefighter was not scheduled to work to address an 3 emergency as determined by the Fire Chief. The examples of this type of Emergency Callback 4 shall be for large scale structure fires, large scale range fires, unusual natural disasters causing 5 the complete extension of the City's resources, etc. Employees accepting an Emergency 6 Callback must be able to meet the response time guideline as per DEPARTMENT policy, 7 AP300— Staffing and Callback. 8 The firefighter shall receive a minimum of four(4)hours of pay, from the time they 9 accept the Emergency Callback. Any time worked after the first four(4)hours will be 10 compensated in one-half(1/2) hour increments, rounded up. Any firefighter reporting for duty 11 while off-duty shall have all of the benefits that he/she would normally have while on his/her 12 regular tour of duty. 13 Firefighters shall receive overtime pay at one and one-half times (1-1/2) his/her normal 14 rate of pay for all time worked in response to Emergency Callback. 15 21.3 Definition of Mandatory Holdover or Mandatory Return to Duty to Fill Shift 16 Vacancy and Compensation 17 Mandatory Holdover shall be when an employee's regularly scheduled duty is extended 18 from the end of the shift by the DEPARTMENT as described in DEPARTMENT Policy, AP 19 300— Staffing and Callback. 20 Mandatory Return to Duty to Fill Shift Vacancy shall be when an employee is ordered 21 to return to duty to fill a shift vacancy as described in DEPARTMENT Policy, AP 300 22 Staffing and Callback. 23 Any time worked in either circumstance will be compensated in one-half (1/2) hour 24 increments, rounded up to the next half-hour. 25 Employees will be compensated at a rate one and one-half times the employee's regular 26 rate of pay for all instances even if the employee has not exceeded the 182 hours pursuant to 27 FLSA as described in Article 19 for that work cycle. 28 21.4 Definition of Overtime for Training 29 Training that is required by the DEPARTMENT off duty is compensable at a rate of 30 one and one-half times the employee's regular rate of pay, in accordance with Article 21.1. A 31 bargaining unit member's time during the DEPARTMENT's Engineer Development Program 32 is considered required training under this Article. When requested training is approved by the Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 26 of 34 I DEPARTMENT, such approval will outline whether requested training hours will be 2 compensable and, if so, hours will be paid at the appropriate rate in accordance with Article 19. 3 The DEPARTMENT retains the right to determine which personnel may attend training. 4 21.5 Subpoenaed and Court Appearances 5 A bargaining unit member who is under subpoena for any appearance (e.g., preliminary 6 hearing,jury trial, deposition, etc.) for a job-related matter and appears on the bargaining unit 7 member's time off, the time shall be considered overtime and shall be paid for in the following 8 manner: 9 1) The actual time taken for the court appearance, or a minimum of three (3)hours, 10 whichever is greater. 11 2) If the subpoena is canceled less than forty-eight (48)hours prior to the hearing, the 12 bargaining unit member shall receive two (2)hours of overtime. 13 3) If the bargaining unit member is required to be on "standby" on their time off and be 14 prepared to respond to testify in court, the member will be paid overtime for those 15 standby hours. 16 4) DEPARTMENT or CITY directed appearances for preparation for depositions during 17 regular shifts will be paid at the bargaining unit member's appropriate rate. 18 ARTICLE 22 —WORKING OUT OF CLASSIFICATION 19 Any bargaining unit member covered by this Agreement, who is placed on the 20 promotional list after successfully completing the promotional exam process, shall be required 21 to assume the duties of that higher ranked position when necessary on the bargaining unit 22 member's shift. These employees are also eligible to work overtime on a different shift in the 23 higher ranked position. 24 If an employee were to work in a lower ranked position they would be paid at their 25 current rate, not the lower wage. The utilization of working out of class employees will be at 26 the discretion of the Battalion Chief. 27 Task books, as part of the promotional exam process, shall be requested through the 28 Deputy Chief of Operations. The employee must meet the pre-requisites before a task book 29 will be issued. 30 After successful completion of the promotional exam process, an employee will have 31 the appropriate certification pay added to their base wage as found in APPENDIX "A." Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 27 of 34 I At any time, an employee may opt out, at their sole discretion, to have their name 2 removed from the promotional list. 3 22.1 Working Out of Class Temporary Promotions 4 In the event of a known absence at a suppression rank that will exist for a period of 90 5 calendar days or greater, a current working out of class eligible employee will be temporarily 6 promoted to the known vacant position. A temporary promotional opportunity will be offered 7 to eligible employees in order of the promotional list. The CITY will provide notice in writing 8 to the employee identifying the start date for the temporary promotion. When an employee 9 temporarily promoted is then permanently promoted to the position, either continuously or 10 with no more than ninety (90) days of any continuous break in service from that position, the 11 initial date of temporary promotion will be the employee's promotion/anniversary date. 12 See Memorandum of Understanding—Temporary Promotions During 20212023 CLA. 13 ARTICLE 23—STAFFING 14 The DEPARTMENT maintains the right to assignment and staffing of stations, 15 engines, and companies. Change in assignment may be based on the following criteria: 16 vacancy, seniority, stations available, and re-assignment, but is not limited to only these 17 specified. The method of declaring a vacancy, applicability of seniority, station bidding, and 18 re-assignment shall be determined by Department policy. The Vacancies and Shift Transfers 19 policy shall be negotiated between the UNION and the DEPARTMENT as mutually 20 determined to be needed. The DEPARTMENT retains the final authority for all staffing and 21 shift assignments. 22 Minimum Staffing at each station will be either three (3) or four(4)personnel 23 dependent on the assigned apparatus to the station. Personnel assigned to a station may be 24 used to cross-staff various types of apparatus. Brush trucks, water tenders and reserve 25 apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the 26 following: 27 Engine Companies Brush Truck Companies 28 1 Captain 1 Captain 29 1 Engineer 1 Engineer 30 1 Firefighter 1 Firefighter 31 32 33 Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 28 of 34 I Water Tender Companies Truck Companies 2 1 Captain 1 Captain 3 1 Engineer 1 Engineer 4 2 Firefighters 5 Command Vehicle 6 1 Battalion Chief 7 Any additional firefighters on staff above the minimum as listed above will be used to increase 8 the staffing of the engines/truck or staff extra apparatus as described above unless the 9 individual is participating in the DEPARTMENT promotional mentoring program. 10 In the limited circumstance where the Truck is temporarily out-of-service for 11 maintenance or repair, the DEPARTMENT may put an Engine in service which will be staffed 12 with the minimum staffing of a Truck Company. The apparatus may be referred to as a 13 "Rescue"for dispatch purposes. 14 Whenever circumstances exist that causes an apparatus to fall below that minimum, the 15 DEPARTMENT reserves the right to re-assign personnel, exercise "Callback," exercise 16 "Holdover," exercise "Working out of Classification," or in extreme emergency circumstances, 17 take an apparatus out of service temporarily until appropriate personnel are available. Stations 18 or Apparatus will only be taken out of service long enough to return the necessary personnel to 19 staff them. 20 As of the effective date of this contract,the Meridian Fire Department operates eight 21 (8) stations staffed by an Engine and/or Truck Company as described as above. As future 22 stations are opened, they will be staffed by at least an Engine and/or Truck Company, using 23 this same staffing configuration described above unless mutually agreed to a change by the 24 UNION and the CITY. 25 The CITY agrees to maintain its commitment to pursue a staffing model which 26 provides for effective and efficient organization and deployment of fire suppression operations 27 to protect the safety and health of citizens and fire department employees. However, this is not 28 intended to bind the CITY to expend funds on this matter. 29 Advanced Life Support(ALS)Engine or Truck Companies 30 An Advanced Life Support (ALS)Engine or Truck company shall consist of a 31 minimum of one (1) licensed paramedic in the State of Idaho. The DEPARTMENT shall 32 establish the appropriate number of EMS positions within the DEPARTMENT. The licensed Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 29 of 34 I paramedic shall be the person primarily responsible on that Engine or Truck company 2 apparatus to provide ALS response. The DEPARTMENT will attempt to maintain ALS 3 staffing with Firefighter/Paramedics and/or Engineer/Paramedics, however, the Captain may 4 temporarily be the Primary Paramedic on an Engine or Truck, if staffing or other situations 5 arise that have caused a shortage of Paramedics for the shift. For the purposes of this section, 6 "temporarily" shall be defined as a period of thirty(30) calendar days or less. 7 ARTICLE 24—COMPENSATION 8 All Compensation for all UNION employees shall be as fixed and set forth in 9 APPENDIX "A" attached hereto. 10 ARTICLE 25—ALCOHOL & DRUG POLICY 11 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 12 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 13 included in this agreement as APPENDIX `B." It is agreed that changes made to this policy 14 shall not apply to the UNION without written consent of its members. 15 ARTICLE 26—HEALTH AND WELLNESS 16 26.1 Health 17 The overall health and wellness of a firefighting force is essential to safely and 18 effectively respond to and mitigate the various emergencies the Department is responsible for. 19 In that spirit, the CITY shall provide mandatory physicals to every Department employee that 20 has an obligation to respond to an incident. The City shall maintain a budget sufficient to 21 allow each employee required to respond to an incident a physical every two (2)years. 22 Employees will be placed on a rotational schedule to be determined and maintained by the 23 DEPARTMENT. 24 The physicals shall be done through the Department's contracted physician, Emergency 25 Responders Health Clinic, that both CITY and the UNION agree upon or his/her designee. 26 The only medical information that the DEPARTMENT shall receive from the physician is a 27 proof of attendance and that the employee completed the required components of the exam. 28 All other documentation and personal medical information shall be directed to the employee 29 receiving the physical and no medical information shall be shared with the CITY by the 30 physician without the individual employee's consent. The CITY agrees to pay for the 31 employee's time for any off-duty appointments within the meaning of this Article, to include 32 the actual time spent at the Clinic for the physical and one (1)hour for lab testing prior to the Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 30 of 34 I physical. An employee will submit hours under this Article to the Shift Battalion Chief. All 2 time paid under this Article will be treated as hours worked. 3 26.2 Fitness/Exercise 4 The DEPARTMENT and the UNION have developed and adopted a fitness and 5 exercise program for all firefighting personnel. Participation in the program shall be 6 mandatory for all employees that respond to emergency scenes. 7 ARTICLE 27—REQUEST FOR REDUCTION IN RANK 8 27.1.1 Subject to the following provisions and as set forth below, any fulltime bargaining unit 9 member or Chief Officer Employee (Employee) of the DEPARTMENT may request to return 10 to a former fulltime suppression classification of a lower rank than their current classification 11 which he/she previously held within the DEPARTMENT. Additionally, if necessitated as a 12 disciplinary measure, the Chief may demote an employee of the UNION to a former position 13 using the same process as outlined in this Article. No current employee may be involuntarily 14 demoted for the purpose of providing an opening for a person requesting a return to a former 15 position held or being demoted. 16 27.1.2 Eligibility and Process 17 An Employee who meets the requirements above may request a reduction in rank in 18 accordance with the following: 19 A. A vacancy must exist or be anticipated by promotion, retirement, or separation. 20 B. Any employee requesting a return to a lower rank than their current classification 21 must do so in writing to the Chief or his designee. The written request must: 22 i. List the lower rank requested. 23 ii. List the date served in the former rank. 24 iii. List the preferred date to return to the lower rank. 25 C. The Chief, after consultation with Local 4627 President, shall approve or deny the 26 request to return to a former classification in writing. 27 D. The Chief or his designee may delay the return to a lower rank until there is a 28 vacancy in the requested classification. 29 E. The Chief or his designee may not lay off or demote personnel to create a vacancy 30 for a return to a former classification. But a promotion based upon an existing 31 promotional list will satisfy the creation of a vacancy. 32 F. If two (2) or more requests are made at the same time, preference will be given to Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 31 of 34 I any Employee(s) who previously held the requested suppression classification and 2 has greater seniority in the DEPARTMENT. 3 G. If the vacancy is caused by a demotion due to discipline the same process shall 4 apply- 5 27.3 Seniority 6 When an Employee returns to a former classification, the seniority accrued in the 7 position(s) held prior to the return to former classification shall be combined with the time in 8 grade that was accrued in the former classification. (Date of Hire+ Time in Grade) 9 Examples: 10 1)A Captain of Suppression with 24 months of seniority since date of hire is promoted 11 to Division Chief of Logistics for 36 months' time in grade and then returns to Captain 12 of Suppression. For purposes of Captain of Suppression seniority, the employee now 13 has 60 months of accrued seniority; 14 2)An Engineer with 60 months of seniority since date of hire is promoted to a Captain 15 of suppression for 12 months' time in grade and then returns to Engineer. For purposes 16 of Engineer seniority, the employee now has 72 months of accrued seniority. 17 ARTICLE 28—DISCIPLINE AND DISCHARGE 18 28.1 Standard 19 No bargaining unit member who has completed the initial employment 20 probationary period with the CITY shall be subject to discipline or discharge without just 21 cause. Unless otherwise warranted by circumstances, discipline normally shall be 22 progressive. Coaching and counseling may be utilized to assist bargaining unit members 23 in being successful. These documents are not discipline; however, the CITY reserves the 24 right to the use of such documentation to refute a claim that the bargaining unit member 25 did not have knowledge of a policy, rule, or procedure. 26 28.2 Due Process 27 Upon request of the bargaining unit member, the CITY shall allow the bargaining unit 28 member an opportunity to consult with a UNION representative prior to an investigatory 29 interview and to have a UNION representative present during interviews or other disciplinary 30 meetings with management representatives. This section shall not apply to any meeting with a 31 bargaining unit member in the normal course of business, coaching and counseling, instruction, 32 or other routine contact with a supervisor where discipline is not contemplated. Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 32 of 34 I In the event the CITY believes a bargaining unit member may be subject to 2 discipline greater than a written reprimand, the following process shall be followed: 3 A. the employee shall be notified of the allegations that may subject the 4 employee to discipline; 5 B. the employee shall be notified of the maximum level of discipline being considered; 6 C. the employee will be given an opportunity to respond to the allegations in 7 person or in writing at an informal Loudermill/due process hearing; 8 D. the employee is entitled to be accompanied by a UNION representative(s) 9 at the hearing. 10 If the CITY determines there is just cause for discipline, the CITY shall provide 11 the bargaining unit member, with a copy to the UNION, with written notice of the 12 disciplinary action. 13 28.3 Prior Discipline 14 Documentation of discipline shall be placed in the bargaining unit member's 15 personnel file. After the timeframes indicated below, the discipline cannot be relied upon as 16 the basis for progressive disciplinary action should another separate dissimilar incident occur 17 warranting discipline: 18 • Written warning: 1 year 19 • Written reprimand: 2 years 20 • Suspension: 3 years 21 • Demotion: 5 years 22 No information that reflects critically upon a bargaining unit member shall be placed in 23 a personnel file without the review and signature of the bargaining unit member. The 24 bargaining unit member's signature confirms only discussion and presentation of the document 25 to the bargaining unit member and does not indicate agreement or disagreement. 26 No documentation regarding unfounded complaints shall be placed in a bargaining unit 27 member's personnel file, used in reviews for promotion, referred to in written performance 28 evaluations, nor relied upon as a basis for discipline or future disciplines. 29 ARTICLE 29— SAVINGS CLAUSE 30 If any provisions of this Agreement or the application of such provision should be 31 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or Collective Labor Agreement Effective October I, 2023 — September 30, 2026 — Page 33 of 34 1 subsequently enacted legislation, the remaining parts or portions of this Agreement shall 2 remain in full force and effect . 3 ARTICLE 30 — EFFECTIVE DATE 4 The Collective Labor Agreement shall be effective on October 1 , 2023 and remain in 5 full force and effect through September 30 , 2026 . During the period of time the parties are 6 negotiating a successor agreement, the parties may mutually agree to extend negotiations 7 beyond the statutorily contemplated time period and may mutually agree to extend the terms of 8 the Agreement beyond the expiration date . 9 Additionally, this Agreement may be reopened at any time for negotiations on any 10 mutually agreed upon item(s) , pursuant to the procedures set forth in Chapter 18 , Title 44 , 11 Idaho Code . This may include items contemplated within this Agreement that may require 12 amendment or change during the course of this Agreement . 13 DATED AND SIGNED this ay of S? P.111 pC'� , 2023 . CITY OF MERIDIAN IAFF LOCAL #4627 , MERIDIAN CHAPTE By : By : hnberyf. Nimison Derek Nelson May r President APPROVED BY CITY COUNCIL this day of , 2023IF ATTEST �Qoa*zED AU(G; .. By : _ 01V of E ID C is s n, ty er � o � « o SEAL aP" e �yrFR of the t RE PSJP Collective Labor Agreement Effective October I , 2023 — September 30 , 2026 — Page 34 of 34 APPENDIX "A" COMPENSATION SCHEDULE This APPENDIX addresses the following positions within the Meridian Fire Department: Recruit —Employee works 40-hour week while attending Fire Academy. Probationary Firefighter—Employee works 24-hour shift. Employee has completed the Fire Academy or hired as an entry-level lateral. Firefighter —Employee works 24-hour shift. Employee has completed Probationary Firefighter status. Engineer—Employee works 24-hour shift. Promotional position that requires testing. Captain of Suppression—Employee works 24-hour shift. Promotional position that requires testing. 40-hour Captain (including: Fire Inspector, Training, Logistics, and EMS)—Employee works 40-hour work week shift. Promotional position that requires testing. Battalion Chief—Employee works 24-hour shift. Promotional position that requires testing. Wage Scale: The wages for the regular rate of pay for all positions except the Recruit and 40- hour positions are based upon 2920 hours worked per year. The Recruit and 40-hour position wages are based upon 2080 hours worked per year. The job classification and wage rates for employees covered by this Agreement shall be as follows: EFFECTIVE OCTOBER 1, 2023 APPENDIX A 10/1/2023 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Firefighter* $23.93 $25.84 $27.91 $29.30 $29.89 $30.49 Engineer $30.72 $31.33 $31.97 $32.60 $33.26 $33.92 Captain of Suppression $35.14 $35.84 $36.57 $37.30 $38.05 $38.80 40-Hour Captain** $51.81 $52.84 $53.90 $54.97 $56.08 $57.20 Battalion Chief $39.12 $39.91 $40.70 $41.52 $42.35 $43.20 10/1/2024 Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Firefighter* $24.65 $26.62 $28.75 $30.18 $30.79 $31.40 Engineer $31.65 $32.27 $32.93 $33.58 $34.25 $34.94 Captain of Suppression $36.20 $36.92 $37.66 $38.42 $39.19 $39.97 40-Hour Captain** $53.36 $54.42 $55.52 $56.62 $57.76 $58.92 Battalion Chief $40.29 $41.11 $41.92 $42.76 $43.62 $44.50 10/1/2025 Classification Step I Step 2 Step 3 Step 4 Step 5 Step 6 Firefighter* $25.39 $27.42 $29.61 $31.09 $31.71 $32.34 Engineer $32.60 $33.24 $33.91 $34.59 $35.28 $35.99 Captain of Suppression $37.28 $38.03 $38.79 $39.57 $40.36 $41.17 40-Hour Captain** $54.97 $56.06 $57.18 $58.32 $59.50 $60.68 Battalion Chief $41.50 $42.34 $43.18 $44.04 $44.93 $45.83 *Note: The wage listed for Firefighter Step I will be converted for Recruit Firefighters based on a 2080 schedule. **Note: This position is converted based on a 2080 schedule and has an additional 5% increase more than Suppression Captain. 1. WAGE ADJUSTMENTS On October 1, 2023, the wages in the pay scale for all classifications covered by this agreement shall be increased by thirteen percent (13%), which is incorporated into the adjusted pay scale above. On October 1, 2024, wages for all classifications covered by this agreement shall be increased by three percent (3%). On October 1, 2025, wages for all classifications covered by this agreement shall be increased by three percent (3%). 2. PLACEMENT AND MOVEMENT ON WAGE SCALE APPENDIX A Firefighter Step Movement: Recruit and Probationary Firefighters will be placed on Firefighter Step 1 upon hire. Recruit and entry-level lateral firefighters' hire date will serve as their anniversary date. All Firefighters will advance to the next step annually based on their anniversary dates and the Step Plan Progression in Appendix "E." See Memorandum of Understanding—Implementation of Elimination of Recruit and Probationary Firefighter Pay Step for initial implementation during 2023-2026 CLA. Other Rank Step Movement: Bargaining unit members in all other ranks (besides firefighter)will receive a one-step increase after twelve (12)months in their step and annually thereafter in accordance with the Step Plan Progression in Appendix"E." Step Placement and Step Movement Upon Promotion: Bargaining unit members who are promoted to any position within the bargaining unit will be moved to a step at a higher wage than they were receiving at the lower rank to include Working Out of Class pay. However, all Captains of Suppression promoting to a 40-hour Captain position will be placed in the same step in the new rank and will maintain their existing anniversary date. The bargaining unit member shall be eligible for a one-step increase after twelve (12)months in their promoted classification and annually thereafter in accordance with the Step Plan Progression in Appendix "E." See Memorandum of Understanding=Implementation of Step Placement and Step Movement Upon Promotion for initial implementation during 2023-2026 CLA. Promotional pay increases shall be effective no later than the date the employee assumes the duties of the higher classification. Pay increases associated with step movement shall be effective on the employee's anniversary date. Lateral Hires: Lateral hires will be placed in Step 1 of the rank being hired into. Lateral hires will advance to the next step annually based on their hire date and the Step Plan Progression in Appendix "E." 3. LONGEVITY AND INCENTIVES Longevity Pay: In addition to base pay, 40-hour and 56-hour bargaining unit members that have been continuously employed by the Meridian Fire Department shall receive longevity pay as follows. The longevity pay recognizes the increasing proficiency which accrues with increased years of service and is effective the first full payroll period following the qualified anniversary from date of hire with the Meridian Fire Department. On October 1, 2023, longevity pay shall be increased by thirteen percent (13%). The additional hourly amount shall be based upon the tables below. 24 Hour FTE 40 Hour FTE 5 Years $0.73 $1.03 10 Years $1.48 $2.08 15 Years $2.21 $3.11 20 Years $2.95 $4.14 APPENDIX A Years of service for longevity purposes will pause due to separation and will continue upon subsequent rehire. Deferred Compensation: The CITY will continue to match a bargaining unit member's contributions to their PERSI Choice 401(k) or State 457(b)Plan account to a maximum of two (2%) of the bargaining unit member's gross wages for each pay period. Bargaining unit members will direct requests for deferred compensation to Human Resources in accordance with CITY policy. Working Out of Class Pay: All members who have successfully completed the requirements under Article 22 will receive an additional $1.00 per hour to their base rate of pay The pay shall remain as long as the member maintains their eligibility under Article 22. Education, Certification, and Other Incentive Pay: All bargaining unit employees that have furthered their education or expertise and have acquired the following degrees regardless of their major may apply for and receive an additional education incentive added to the bargaining unit member's base rate of pay. On October 1, 2023, education, certification, and other incentive pay shall be increased by thirteen percent (13%). The additional hourly amount shall be based upon the table below. The educational degree shall be from an accredited College or University. The additional hourly amount shall be added to the bargaining unit member's base rate of pay. A bargaining unit member shall only be entitled to one (1) education incentive pay. Pay shall be for the highest degree obtained. Bargaining unit employees shall have the following incentives added to their base rate of pay in the amount provided in the table below: • Field Training Officer(FTO)—there will be at least one (1) EMS FTO and at least one (1) Fire FTO assigned per shift. All bargaining unit members assigned as an FTO, including on a temporary basis, will receive the differential below. • EMT—Advanced —bargaining unit members who are not paramedics and are licensed by the State of Idaho as an EMT Advanced will receive the incentive below. Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and are operating in a paramedic role for the City of Meridian shall receive the additional hourly amount which shall be based upon the table below. This amount shall only be available from Recruit level up to and including Battalion Chief. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as paramedics may be required to maintain their license as a continuing job requirement until they reach the Battalion Chief position. At the time of promotion to Captain, the employee shall be allowed to drop their Paramedic certification. After that choice, future opportunities to drop Paramedic certification APPENDIX A may depend on hiring opportunities for the Department. Based upon the minimum required personnel at the paramedic level, as established by the Department Policy, any paramedic in excess of the number established is eligible to request to drop their paramedic's certification. Anyone that is granted the ability to drop their certification may be reassigned subject to the needs of the Department. The Chief may consider seniority in granting the request. The Chief shall have the sole discretion to grant this request based upon the best needs of the Department. Incentive Pay item FTE Type Rate Associates Degree 24 Hr FTE $ 0.17 40 Hr FTE $ 0.24 Bachelor's Degree 24 Hr FTE $ 0.28 40 Hr FTE $ 0.39 Master's Degree 24 Hr FTE $ 0.45 40 Hr FTE $ 0.63 EMT Advanced 24 Hr FTE $ 0.42 40 Hr FTE $ 0.59 MFD Field Training Officer 24 Hr FTE $ 1.05 40 Hr FTE $ 1.47 Paramedic Pay 24 Hr FTE $ 2.53 40 Hr FTE $ 3.55 APPENDIX A APPENDIX "B" DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy, volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEE(FIRE) The collective labor agreement shall govern the alcohol/drag program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, APPENDIX`B." SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial responsibility for illegal drugs • Perform emergency medical, lifesaving, and/or fire suppression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the City • Handle hazardous materials that if mishandled,place City employees and/or the general public at risk of serious injury • Work in the water and wastewater systems and their operations • Be required to maintain a Commercial Driver's License (CDL) • Operate heavy machinery Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general APPENDIX B public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY& RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On-Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs,paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited.Any violation of this policy is grounds for disciplinary action,up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. B. Off-Duty APPENDIX B 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made,the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. APPENDIX B D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP)will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five(5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM& SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated.Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self-Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self-refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. APPENDIX B 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6)months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule,provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work)as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other DEPARTMENT personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention,procedures and supervisor's role; 5. Documentation of employee performance and behavior. B. Employees will be trained and informed of: 1. The health and safety dangers associated with alcohol and drug use; APPENDIX B 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested;will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well-being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct- evidencing impairment observed over a period of time. 2. An employee who is tested in a"reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST-ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four(4)hours. Examples of conditions that will require an employee to take an alcohol and drug test include,but are not limited to, accidents, that result in: a. A fatality,personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. APPENDIX B 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by the DEPARTMENT that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post- accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled,place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the APPENDIX B testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post-accident drug and alcohol testing shall be required for employees in positions that require a Commercial Driver's License. VII. DRUG/ALCOHOL SPECIMEN COLLECTIONJESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs.All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. B. Adulteration or Submission of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a APPENDIX B specimen, a second specimen will be requested. If a second specimen is provided,both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation 1. The cut-off levels for all Non-Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, and will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen(15)minutes after the initial test;or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted,the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest APPENDIX B reverses the positive result, the City shall reimburse the cost of the retest and any loss of compensation and benefits that are incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer(MRO)and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer(MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested,or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). APPENDIX B XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, APPENDIX `B." XIII. DEFINITIONS A. Alcohol: any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drugtesting:esting: a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Program (EAP): a contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. APPENDIX B G. Illegal drug: any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look- alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug: any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: an independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX B APPENDIX "C" RESERVED FOR FUTURE USE APPENDIX APPENDIX "D" CITY's Contribution for 2023 Medical, Dental, Vision, and Post-Employment Health Medical Vision Dental* Total Employee Only $716.67 $10.73 $49.40 $776.80 Employee/Spouse $1,396.01 $15.89 $89.20 $1,501.10 Employee/Child $989.51 $16.16 $72.72 $1,078.39 Employee/Children $1,148.70 $16.16 $90.64 $1,264.08 Employee/Spouse/Child $1,647.74 $24.741 $112.40 $1,784.88 Employee/Family $1,647.74 $24.741 $130.12 $1,802.60 Data reflects the City Costs associated to each benefit Data obtained from the 2023 Benefits rate sheet *Willamette Dental rates CITY's Contribution for 2024 Medical, Dental, Vision, and Post-Employment Health Medical Vision Dental* Total Employee Only $745.34 $11.63 $51.35 $808.32 Employee/Spouse $1,451.86 $17.21 $92.67 $1,561.74 Employee/Child $1 029.10 $17.21 $75.55 $1 121.86 Employee/Children $1,194.65 $17.51 $94.19 $1,306.35 Employee/Spouse/Child $1 713.66 $26.80 $116.79 $1 857.25 Employee/Family $1,713.66 $26.80 $135.19 $1,875.65 Data reflects the City Costs associated to each benefit Data obtained from the 2024 Benefits rate sheet *Willamette Dental rates APPENDIX D APPENDIX E Step Plan Progression Details A bargaining unit member that has completed one year of service in their prior step and the applicable requirements below will be advanced to the next step in their classification, unless pursuant to an exception or exemption, in accordance with this Appendix"E." ISO Tracker Training Hours For the purposes of step plan progression, the ISO training hours requirement will be 163 hours of qualifying training. Any required Target Solutions-based ISO training hours will be made available on January 1 of each year. No bargaining unit members' ISO training hours requirement will be changed mid-year, including in circumstances of promotion, for the purposes of advancing within the step plan. Firefighter: FF Step 1 to FF Step 2 - • For new hires and entry-level lateral hires, 1 year of service from date of hire; and • Successful completion of probationary firefighter testing. FF Step 2 to FF Step 3 - • Completion of required components of prior biennial physical, if applicable. FF Step 3 to FF Step 4 - • Completion of required components of prior biennial physical, if applicable; and • Completion of DEPARTMENT's current or prior Engineer Development Program. FF Step 4 through 6 Step Advancement - • Completion of required components of prior biennial physical, if applicable; and • Completion of prior calendar year ISO tracker training hours. Engineer: Engineer Step Advancement - • Completion of required components of prior biennial physical, if applicable; • Completion of prior calendar year ISO tracker training hours; and • Completion of annual(based on bargaining unit member's anniversary date)Engineer driver recertification. Captain of Suppression: Captain Step Advancement - • Completion of required components of prior biennial physical, if applicable; • Completion of prior calendar year ISO tracker training hours; and • Maintain Blue Card certification. 40-HOUR CAPTAINS - Captain of Inspection Step Advancement - o Completion of required components of prior biennial physical, if applicable; o Maintain Inspector and Investigator certifications; and o Maintain Blue Card certification. APPENDIX E - Captain of Training, Captain of EMS and Captain of Logistics Step Advancement - o Completion of required components of prior biennial physical, if applicable; and o Maintain Blue Card certification. Battalion Chief: Battalion Chief Step Advancement - • Completion of required components of prior biennial physical, if applicable; and • Maintain Blue Card certification. EXCEPTIONS/EXEMPTIONS In case of Workers' Compensation leave, FMLA, military leave, any other statutory or protected leave, light duty, ADA accommodation(s), or any other reasonable scenario outside the bargaining unit members' control that may affect or has impacted completion of the requirements above, the following shall apply: • If the CITY or the bargaining unit member believes that the bargaining unit member will not meet the requirements for step advancement, the CITY, UNION, and bargaining unit member will meet to seek agreement upon a plan (e.g. grace period, proration, etc.) for a reasonable opportunity for the bargaining unit member to meet the requirements. • Exceptions/exemptions under this section will be equitably applied. • Employees are eligible for step increases that would have been received if the employee did not have statutory or protected leave, light duty, and/or ADA accommodation(s) which impacted the completion of applicable requirements, effective on or retroactive to their anniversary date. A bargaining unit member's anniversary date will not be changed because they did not complete all requirements to advance to their next step. APPENDIX E E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Amended Emergency Joint Powers Agreement between Ada County, Ada County Highway District, City of Boise, City of Eagle, City of Garden City, City of Kuna, City of Meridian, and City of Star AGREEMENT NO. 10878-3-23 AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT THIS RENEWED AND AMENDED JOINT POWERS AGREEMENT is effective the 26th day of September , 2023 , by and between Ada County, a body politic and corporate whose address is 200 W. Front St., Boise, Idaho 83702 ("Ada County"); Ada County Highway District, a single county-wide highway district created pursuant to Idaho Code §§ 40- 1401 et seq., whose address is 3775 Adams St., Garden City, Idaho 83714 ("ACHD"); City of Boise, a municipal corporation whose address is 150 N. Capitol Blvd., Boise, Idaho 83702 ("Boise"); City of Eagle, a municipal corporation whose address is 660 E. Civic Ln., Eagle, Idaho 83616 ("Eagle"); City of Garden City, a municipal corporation whose address is 6015 Glenwood, Garden City, Idaho 83714 ("Garden City"); City of Kuna, a municipal corporation whose address is 751 W. 4th St., Kuna, Idaho 83634 ("Kuna"); City of Meridian, a municipal corporation whose address is 33 E. Broadway Ave., Meridian, Idaho 83642 ("Meridian"); and the City of Star, a municipal corporation whose address is 10769 W. State Street, Star, Idaho 83669 ("Star") (collectively referred to herein as the "Participants"). RECITALS: A. Ada County is authorized by Idaho Code § 46-1009 to create an intergovernmental agency responsible for disaster preparedness and coordination of response, and, for that purpose, pursuant to this Agreement, Ada County has established the Ada County Emergency Management and Community Resilience (EMCR), which is a separate and independent department under the administration of Ada County. B. The Participants desire to build and sustain regional core emergency management capabilities by implementing strategies to address identified planning, organization, equipment,training, and exercise needs to prevent,protect against,respond to, and recover from natural, technical and other catastrophic events. C. The Participants understand that emergency preparedness is not exclusive to any single level of government or organization,but is best served by the combined efforts of the whole community. As such, the Participants desire to partner with and obtain advice and input from each other on emergency management priorities, activities and funding, including, but not limited to resource allocations before, during and after disasters. The Participants also recognize the need for a forum for the technical aspects of expenditures to be researched, discussed, planned, and prioritized. D. It is the desire of the Participants to adopt this Joint Powers Agreement to create the Ada City-County Emergency Management Executive Council ("ACCEM") to provide for emergency management programs and systems and to address areas of technology, research, planning and prioritization of projects involving the use of emergency management resources including, but not limited to federal grants. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 1 E. All Participants will retain control over those matters not related to ACCEM or this Agreement,which retained control,may include,but is not limited to: budgeting personnel decisions, equipment, offices,payroll, day-to-day operations and other related matters not impairing the operation or functioning of ACCEM. F. The Participants understand and agree,pursuant to Idaho Code § 46-1025,that federal and state grants and funds awarded through the Idaho Department of Homeland Security are distributed directly to counties for the purpose of assisting counties in achieving the goals and objectives outlined in approved county grant proposals. NOW, THEREFORE, in consideration of the foregoing recitals, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Participants covenant and agree as follows: 1. Purpose. The purpose of this Agreement is for the Participants to jointly identify,plan for, and assess hazards and risks affecting residents of all of Ada County, including all of the geographical areas governed by each of the Participants;to guide future preparedness efforts across all mission areas; and to set priorities for development of regional core emergency management capabilities. 2. Ada City-County Emergency Management Executive Council. There is hereby created ACCEM. 2.1 Membership. The members of ACCEM shall be comprised of one representative from each Participant. The representative shall be an elected official from each Participant, including the mayor of each incorporated city, the chairperson of the Ada County Board of Commissioners and the President of the ACHD Board of Commissioners. There shall be one additional representative each from Ada County and Boise City. The additional representative from Ada County shall be an Ada County Commissioner appointed by a resolution of the Ada County Board of County Commissioners. The additional representative from Boise City shall be a Boise City Councilperson appointed by a resolution of the Boise City Council. These two additional representatives shall serve at the pleasure of the body that appointed such representative. Each Participant's representative may designate in writing one alternate elected official to serve in his or her absence with the full authority to act on his or her behalf in all matters before ACCEM. 2.2 Duties of ACCEM. ACCEM shall perform all actions reasonably necessary to fulfill the responsibilities and obligations existing pursuant to Idaho Code § 46-1009. These duties shall include,but are not limited to: • 2.2.1 Considering policy implications and determining future preparedness priorities across all mission areas related to identified hazards and risks affecting residents of Ada County; AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 2 • 2.2.2 Facilitating interactions among ACEM, the Technical Advisory Group ("TAG"), the Local Emergency Planning Committee ("LEPC"), and all whole community stakeholders to create and validate plans, policies and procedures governing emergency management and identifying core capability needs through discussion and operations-based activities; • 2.2.3 Facilitating sharing of specialized resources such as supplies, equipment, facilities, and personnel with any Participant, or their various public or private sector partners with emergency management missions, through maintaining resource inventories and sharing agreements and allowing use of grant purchased equipment in support of emergency management functions, consistent with existing and future mutual aid or resource sharing agreements; • 2.2.4 Enhancing emergency management coordination and communication between government agencies,businesses and industry, and volunteer agencies for both preparedness efforts and operational activities; • 2.2.5 Promoting disaster recovery through a focus on the timely restoration, strengthening, and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of Ada County; • 2.2.6 Supporting an environment of coordinated and integrated all-hazards comprehensive county-wide emergency management activities that include joint planning, training, equipping, exercising, and evaluation of capabilities; • 2.2.7 Providing qualified individuals from within their jurisdictions to serve as members of ACCEM committees; • 2.2.8 Supporting inter-governmental plans that address roles and responsibilities for all phases of emergency management, and after consultation with the TAG and LEPC, making a recommendation to Participants that such be adopted; • 2.2.9 After consultation with the TAG and the LEPC, make determinations regarding spending priorities for county-wide emergency management; • 2.2.10 Approving and submitting a budget to the Board for the Membership Contributions submitted by Participants for deposit in the Emergency Management Fund. 2.3 Bylaws. ACCEM shall have the power and authority to make such bylaws as may be necessary to its operation. 2.4 Committees. ACCEM may create such committees as may be necessary to its operation; provided however, that there shall be created a Technical Advisory Group ("TAG") and a Local Emergency Planning Committee ("LEPC") with such bylaws provided therefore as may be necessary for their operation. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 3 2.5 Grant Funds. The Participants understand and agree that grant funds for emergency management are provided to the County by the State of Idaho and that the Board has oversight over the expenditure of the grant funds. The Participants further understand and agree that county-wide emergency management requires cooperation and meaningful review by all Participants to ensure that the use and expenditure of grant funds are applied beneficially for all Participants. ACCEM, upon receipt and review of recommendations from the TAG and/or LEPC, shall make recommendations to the Board regarding the use and expenditure of all grant funds received by the County from the Idaho Office of Emergency Management. The Board shall follow the recommendations of ACCEM to the maximum extent possible and shall report back to ACCEM those instances when the recommendations are not followed along with a statement as to the reasons therefore. All Participants shall sign such sub-grant agreements and liability waivers as are reasonably requested by Ada County for the purposes of receiving grants funds. To the extent available, Participants may continue to apply for grants for which they qualify on an individual basis. 3. Ada County Department of Emergency Management and Community Resilience (EMCR).EMCR shall operate as a separate and independent Department under the administration of the Board. The primary mission of ACCEM shall be to coordinate and integrate an all-hazard, comprehensive, county-wide emergency management program on behalf of all Participants to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the citizens and residents of Ada County. 3.1 Director of EMCR and Community Resilience. The Director of EMCR (the "Director") shall be employed by Ada County; provided, however, that the Board shall consult with ACCEM regarding all employment decisions the Board makes regarding the Director, including, but not limited to, hiring, termination, and discipline. Should the Director resign or be terminated, the Board shall appoint an interim Director to discharge all the duties and exercise all the powers of the Director until the selection of a permanent Director is made in consultation with ACCEM. 3.2 Director's Duties. The Director shall be an ex officio, non-voting member of ACCEM, shall attend all meetings of ACCEM, and shall perform such duties for ACCEM as may be established by this Agreement and the Bylaws and as otherwise assigned by ACCEM. 3.3 EMCR Employees. Ada County shall employ such EMCR staff members payable out of the Emergency Management Fund as approved in its annual ACCEM budget and shall be responsible for the payment of all staff wages, payroll taxes, fringe benefits and other costs. Upon request,Ada County may provide the services of EMCR employees to other Participants for the purpose of developing regional core emergency management capabilities. 3.4 Books and Records. Ada County shall maintain in compliance with Idaho Code, books and records for the Emergency Management Fund which shall be available for inspection and review by ACCEM at any time during business hours. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 4 3.5 Fiscal Year.The fiscal or business year of the Board, Council and EMCR shall begin on the first day of October and end on the last day of September. 3.6 Budget. The Director shall present a preliminary budget and proposed membership contributions to ACCEM for consideration and for subsequent incorporation into each Participant's budgeting processes. A final budget will be presented to ACCEM for approval no later than the 1st day of August of each fiscal year. ACCEM shall submit a final recommended budget to the Board no later than August 15ffi of each fiscal year. 4. Emergency Management Fund. There shall be deposited into the Emergency Management Fund such property taxes, grants (as modified by section 4.2 below), Membership Contributions, and such other funds as may be obtained by Ada County or donated to it for the purposes set forth in Idaho Code § 46-1009 and such expenses shall be allowed as may be appropriated in the annual budget for the Emergency Management Fund. 4.1 Membership Contributions. Each Participant shall pay annual membership contributions in accordance with the terms contained herein to contribute towards funding the ACCEM program ("Membership Contributions"). Payment (or non-payment) of these funds by a participating municipality is not intended to enable or limit that municipality's ability to access EMCR services (i.e., planning, organizing, training, equipping, and exercising). Contributions are intended to provide members with voting privileges and access to discussions where emergency management priorities are set for Ada County. Membership contributions for Ada County are determined based on each member jurisdiction's respective percentage of total County population, with the exception of ACHD which contributes a fixed amount. Each year,EMCR shall submit its personnel and operating budget to the ACCEM Executive Council for approval. ACCEM uses that approved budget to determine the contributions for each member. For purposes of calculating Membership Contributions,the number of residents located within Ada County and each respective city shall be determined annually by ACCEM using the most current population estimates available to ACCEM. Membership contributions payable by Ada County shall include all of the residents inside the geographical borders of Ada County (including cities)plus the number of residents in unincorporated Ada County.Membership contributions payable by cities shall be determined by the number of residents in each city. Membership Contributions payable by Ada County Highway District shall be $13,500.00 per year. Membership Contributions shall be due and payable to the Emergency Management Fund in equal installments on a quarterly basis. However, members can provide contributions in advance of the quarterly requirement or in its entirety each year. Membership Contributions may be adjusted annually by ACCEM. 4.2 Grants. Consistent with Section 2.5,Ada County shall apply for grants to fund emergency management capabilities, personnel and operations. Such portions of grants received by Ada County which shall be awarded to fund the programs, personnel and operations of the ACCEM shall be deposited to the Emergency Management Fund. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 5 4.3 Expenses. Consistent with the approved budget, the costs and expenses incurred by Ada County to house, employ staff, and operate the ACCEM program may be assessed against the Emergency Management Fund as any other business expense. 5. Term of Agreement. The Term of this Agreement shall be from the date of signing to September 30, 2024. Each Participant may, solely at its option, and when and if it duly budgets and appropriates funds therefore from revenues legally available to it for the ensuing fiscal year, renew this Agreement for additional annual Renewal Terms. Each annual renewal of this Agreement shall be deemed to be exercised by the Participant upon the adoption by September 15 of any year, of a budget of the ensuing fiscal year, duly budgeting and appropriating the amount of money required to make the payments payable for the next fiscal year by the Participant pursuant to this Agreement. Within ten (10) days following the adoption of a budget duly budgeting and appropriating said funds of the ensuing year,the approving Participant shall deliver to the Chairman of the Board a written statement certifying that it has duly budgeted and appropriated said funds for the ensuing year, which written statement shall be accompanied by a copy of the budget so adopted and a certified copy of the resolution or other official action of the Participant's governing board adopting said budget and appropriating said funds. The due appropriation of funds as aforesaid shall constitute a valid and enforceable obligation of the Participant for the payment of such funds for the purposes provided herein,and shall not be subject to abatement for any cause. Each Renewal Term shall commence on October 1 of the fiscal year following adoption of the budget as provided hereinabove and shall terminate on September 30 of the following calendar year. 6. Withdrawal or Termination. Any Participant may withdraw from this joint powers agreement at any time by resolution duly adopted by the Participant and upon written notice to ACCEM; provided, however, no party shall be entitled to a refund of its Membership Contributions which have been paid. Upon such withdrawal,the withdrawing party shall no longer be entitled to be a member of ACCEM and may not receive all of ACCEM's benefits or services. In addition, ACCEM, upon the affirmative vote of two-thirds (2/3) of its representatives, may terminate any party to this agreement for failure to pay its Membership Contributions within thirty (30) days of written demand for such contributions. 7. Amendment. This Agreement may be amended only by a writing signed and duly authorized by resolution of each Participant. 8. Counterparts. This Agreement may be executed in any number of counterparts and once so executed by all parties thereto, each such counterpart shall be deemed to be an original instrument but all such counterparts together shall constitute but one agreement. 9. Recitals and Exhibits. The recitals to this Agreement and any exhibit attached hereto are incorporated herein by this reference as if set forth in full herein. AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 6 IN WITNESS WHEREOF, this Agreement is executed effective as of the day and year first above written. ADA COUNTY COMMISSIONERS By: Dated: Chair ATTEST: Ada County Clerk ADA COUNTY HIGHWAY DISTRICT By: Dated: President ATTEST: CITY OF BOISE By: Dated: Mayor ATTEST: City Clerk AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 7 CITY OF EAGLE By: Dated: Mayor ATTEST: City Clerk CITY OF GARDEN CITY By: Dated: Mayor ATTEST: City Clerk CITY OF KUNA By: Dated: Mayor ATTEST: City Clerk AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 8 CITY OF MERIDIAN By: Dated: 9-26-2023 Mayor Robert E. Simison ATTEST: City Clerk Chris Johnson CITY OF STAR By: Dated: Mayor ATTEST: City Clerk AMENDED EMERGENCY MANAGEMENT JOINT POWERS AGREEMENT—PAGE 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Renewal Agreement Between Ada County Emergency Medical Services District and City of Meridian AGREEMENT NO. 14509-2-23 FY24 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN THIS RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN (hereinafter referred to as "Agreement"), is entered into this 26th day of September , 2023, by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho, (hereinafter"District") and the City of Meridian, which operates the Meridian Fire Department ("Training Site"), also referred to as "Party" or "Parties." WITNESSETH WHEREAS,the District operates Ada County Emergency Medical Services ("ACEMS"), which provides emergency medical services to residents of Ada County and is contracted with the American Heart Association("AHA")to serve as a Training Center("Training Center"); and WHEREAS, as a Training Center, ACEMS is authorized to provide Training Center services in Idaho, including the authorization and support of AHA Training Sites, including the Training Site herein, which are developed by individuals, employers, and other community and business organizations, for the purpose of teaching AHA-approved courses in Emergency Cardiovascular Care (`BCC"); and WHEREAS, the Parties entered into Agreement No. 14509 on November 30, 2021; and WHEREAS, Agreement No. 14509 provided that it could be renewed upon re-execution by both Parties for additional one-year terms commencing October 1 and ending September 30 of the next calendared year; and FY24 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 1 WHEREAS, the Agreement was renewed for the term of October 1, 2022 through and including September 30, 2023 (14509-1-22); and WHEREAS, it is now the desire of the District and Training Site to renew Agreement No. 14509 for an additional one-year term; NOW, THEREFORE, in consideration of the mutual promises set forth herein and in Agreement No. 14509, the parties hereto mutually agree as follows: I. That Agreement No. 14509 shall be renewed for an additional one (1) year period from October 1, 2023, to and including September 30, 2024. II. That all remaining terms and conditions contained in Agreement No. 14509 shall be incorporated herein, as if set forth in full, and remain in full force and effect. III. That each individual executing this Agreement on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity in accordance with duly adopted organizational documents or contracts and, if appropriate, a resolution of the entity, and that this Agreement is binding upon said entity in accordance with its terms. (Signatures on following page) FY24 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 2 IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year written above. Board of Ada County Emergency Medical Services District By: Rod Beck, Commissioner By: Ryan Davidson, Commissioner By: Thomas Dayley, Commissioner ATTEST: Trent Tripple, Ada County Clerk FY24 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 3 City of Meridian By: Robert E. Simison, Mayor 9-26-2023 ATTEST: Meridian City Clerk Chris Johnson 9-26-2023 FY24 RENEWAL AGREEMENT BETWEEN ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT AND CITY OF MERIDIAN -PAGE 4 w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2049: A resolution establishing the reappointment of Hannah Scoville to Seat 9 of the Meridian Arts Commission; James Leckie to Seat 8 of the Meridian Solid Waste Advisory Commission; Hoyoon Song to Seat 4 of the Meridian Transportation Commission; Elle Hood to Seat 9 of the Parks and Recreation Commission; and John Keller to Seat 6 the Meridian Historic Preservation Commission; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2409 BY THE CITY COUNCIL: BORTON,CAVENER,HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF HANNAH SCOVILLE TO SEAT 9 OF THE MERIDIAN ARTS COMMISSION; JAMES LECKIE TO SEAT 8 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; HOYOON SONG TO SEAT 4 OF THE MERIDIAN TRANSPORTATION COMMISSION; ELLE HOOD TO SEAT 9 OF THE PARKS AND RECREATION COMMISSION; AND JOHN KELLER TO SEAT 6 THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Arts Commission; WHEREAS,Meridian City Code Title 2,Chapter 6 establishes the Meridian Solid Waste Commission; WHEREAS, Meridian City Code Title 2, Chapter 7 establishes the Meridian Transportation Commission; WHEREAS, Meridian City Code Title 2, Chapter 4 establishes the Meridian Parks and Recreation Commission; WHEREAS, Meridian City Code Title 2, Chapter 3 establishes the Meridian Historical Preservation Commission; WHEREAS, Meridian City Code Section 2-1-1 establishes roles, responsibilities, membership and terms of appointment for all Meridian City Commissions; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to arts within the City, and to that end Meridian City Code § 2-1-1(C)(2) states that a youth member may be appointed to Commissions; WHEREAS, the City Council of the City of Meridian deems the reappointment of Hannah Scoville to Seat 9 as a Youth Member to the Meridian Arts Commission and James Leckie to Seat 8 as a Youth Member to the Solid Waste Advisory Commission and Hoyoon Song to Seat 4 as a Youth Member to the Meridian Transportation Commission and Elle Hood to Seat 9 as a Youth Member to the Parks and Recreation Commission and John Keller to Seat 6 as a Youth Member to the Meridian Historical Preservation Commission to be in the best interest of the City of Meridian; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code §2-1-1 Hannah Scoville be reappointed as a Youth Member to Seat 9 of the Meridian Arts Commission and James Leckie be reappointed to Seat 8 as a Youth Member to the Solid Waste Advisory Commission and Hoyoon Song be reappointed to Seat 4 as a Youth Member to the Meridian Transportation Commission and Elle Hood be reappointed to Seat 9 as a Youth YOUTH COMMISSIONER REAPPOINTMENTS-MAC,SWAC,MTC,PRC,HPC Page 1 of 2 Member to the Parks and Recreation Commission and John Keller be reappointed to Seat 6 as a Youth Member to the Meridian Historical Preservation Commission, for terms to expire on September 30, 2024. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of September, 2023. APPROVED: Mayor Robert . Si ison ATTEST: � ``�. SEAL By: Chris John on, City Clerk YOUTH COMMISSIONER REAPPOINTMENTS—MAC,SWAC,MTC,PRC,HPC Page 2 of 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2050: A resolution establishing the reappointment of John Nesmith to Seat 3 of the Meridian Parks and Recreation Commission; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2410 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF JOHN NESMITH TO SEAT 3 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-4-1 establishes the Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of John Nesmith to Seat 3 of the Parks and Recreation Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effectively immediately, John Nesmith is hereby reappointed to Seat 3 of the Meridian Parks and Recreation Commission, which term shall expire October 31, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 26th day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho,this 26th day of September, 2023. APPROVED: ATTEST: ... ^- SEAL j By. ay r Rob rt E. imison Chris Jo nson, City Clerk RESOLUTION FOR REAPPOINTMENT OF NESMITH TO THE PARKS AND RECREATION COMMISSION -Page 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2051: A resolution establishing the reappointment of Patrick Gittings to Seat 3 and Debra Pitts to Seat 4 of the Meridian Historic Preservation Commission; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2411 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF PATRICK GITTINGS TO SEAT 3 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-3-1 establishes the Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Patrick Gittings to Seat 3 of the Historic Preservation Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effectively immediately, Patrick Gittings is hereby reappointed to Seat 3 of the Meridian Historic Preservation Commission,which term shall expire October 31, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 261h day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho,this 26'h day of September, 2023. APPROVED: ATTEST: s- { By: Mayorbert m Si ison Chris J nson i,,r.,x�,.�1erk RESOLUTION FOR REAPPOINTMENT OF GITTINGS TO THE HISTORIC PRESERVATION COMMISSION -Page I w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2052: A resolution establishing the reappointment of Scott Walters to Seat 1 of the Meridian Solid Waste Advisory Commission; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2412 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION ESTABLISHING THE REAPPOINTMENT OF SCOTT WALTERS TO SEAT 1 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the reappointment of Scott Walters to Seat 1 of the Solid Waste Advisory Commission as recommended by Mayor Simison and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effectively immediately, Scott Walters is hereby appointed to Seat 1 of the Meridian Solid Waste Advisory Commission, which term shall expire September 30, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 261h day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho,this 26th day of September, 2023. APPROVED: ATTEST: SEAL Mayoi Robe E. S mison Chris J nson, Ci y'V Jerk RESOLUTION FOR APPOINTMENT OF WALTERS TO SEAT I OF THE SOLID WASTE ADVISORY COMMISSION -Page 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2053: A resolution reappointing Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 23-2413 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION REAPPOINTING JON WARDLE TO SEAT 3 OF THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, the City Council find it to be in the best interest of the people of Meridian to reappoint Jon Wardle to Seat 3 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Jon Wardle is hereby reappointed to Seat 3 of the Meridian Impact Fee Advisory Committee for a three-year term to run through September 30, 2026; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 261h day of September, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of September, 2023. APPROVED: ATTEST: SEAL By: Mayor Robert imison Chris Joi nson, City Clerk RESOLUTION FOR REAPPOINTMENT OF WARDLE TO THE IMPACT FEE ADVISORY COMMITTEE W IDIAN� AGENDA ITEM ITEM TOPIC: Proposed Updates to Title 5, Meridian City Code (Fire Regulations) and Proposed Updates to Title 3, Chapter 1, Meridian City Code (General Licensing and Permitting Provisions) C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: September 26, 2023 Presenter: Emily Kane, Deputy City Attorney Estimated Time: 15 minutes Joe Bongiorno, Deputy Chief of Fire Prevention Proposed updates to Title 5, Meridian City Code (Fire Regulations) and proposed updates to Topic: Title 3, Chapter 1, Meridian City Code (General Licensing and Permitting Provisions) Recommended Council Action: Review and approve proposed updates to Title 5, Meridian City Code and proposed updates to Title 3, Chapter 1, Meridian City Code; direct staff to finalize ordinance for adoption. Background: The City of Meridian's 2021-2025 Strategic Plan includes this goal: "[U]pdate ordinances and simplify processes in order to improve effectiveness and provide premier services to our citizens." One of the enumerated strategies supporting this goal is to "perform a complete review of all ordinances, codes and policies in the City of Meridian to assess their value and relevance to the community." On October 11, 2022, City Council approved the plan of the City Attorney's Office to undertake a comprehensive overhaul and restructuring of the City Code, in order to improve the Code's clarity, consistency, effectiveness, and navigational utility. City Council directed this office to prepare proposed code updates and return regularly to obtain input and direction. The City Attorney's Office worked with the legendary Assistant City Clerk Nancy Radford to prepare the attached updates to Title 3, Chapter 1. These changes will bring uniformity in processes for issuing, denying, and revoking City licenses and permits; as well as appeals of denials and revocations. The City Attorney's Office worked with Deputy Chief of Fire Prevention Joe Bongiorno, as well as the Meridian Police Department and City Clerk's Office,to prepare the attached updates to Title 5. This update will move all of the current provisions out of Title 5. Proposed next steps for the City Code overhaul include the following: • Move Fireworks permitting regulations to Title 3, Chapter 8 • Move Title 3, Chapter 8 (Private Security Standards) to Title 6, Chapter 3 (misdemeanors/infractns.) • Move Air Quality/Burning regulations to Title 4 (Public Health and Safety) • Move Parks Code to Title 5 (currently Fire) • Rename Title 6 "Public Safety" (currently Police) • Rename Title 3 "Permits and Licenses" (currently Business &License Regulations) • Rename Title 4 "Public Health" (currently Public Health and Safety) • Eliminate Titles 12 (currently empty) and 13 (currently Parks) DRAFT-9/19/23 TITLE 5 41RE REG a AT104 Commented Ill Proposed plan: -Move Fire admin sections to Title 1(officer GWADTER 7 _FIRE DEPARTMENT appointments) -Move Fireworks permitting regulations to Title 3, _ Chapter 8(currently Private Security Standards) 3 ; 6E3b.eshment Gf department- -Move Title 3,Chapter 8(Private Security Standards) to Title 6,Chapter 3(misdemeanors/infractions) -Move Air Quality/Burning regulations to Title 4 h 1-2• eiFe rh@,c (Public Health and Safety) -Move Parks Code to Title 5(formerly Fire) peweFS ,d duties 19+hiS Eh-.pteF. „ded, the head Af the FiFe n,,paFt..ent -Rename Title 6"Public Safety"(currently Police) 6. Funetiens,POWeFS Gnd duties. In addition to these general funetk)ns, pewelcs and duties gWen te tl4e -Rename Title 3"Permits and Licenses"(currently Business&License Regulations) d paFt ent head by etheFpFavi,;iAn,;of+hi. Cede,the PiFe Chief s II. -Rename Title 4"Public Health"(currently Public Health and Safety) iding fire and life plceteetian gervices an -Eliminate Titles 12(currently empty)and 13 (currently Parks) Felated therete by inspeeting, or eausing to be inspeeted by his or her designee, buildings, Commented[EK2]:Move to Title 1—Officer appointments. Commented Ill Move to Title 1—Officer appointments. head 3 Arlrmmn_# r all emergency ed„al selcviee programs offelce d by the 6ty. explosives and ha;_1aFdG1_lS rnateFmak; fid.n.ctions Felating to fire prevention,the contFE)i and extinguishment offilces, 6. Investigate, or cause to be investigated by has designee, any extinguished fore promptly and 7. I.n.the Pvent of an emergeney,to bleekade any street,avenue,alley,Sidewalk OF ether plaee if damage. lay his designee, peliGe and Cade R1;fAFGPMPnt Qf*OGPP,;to a,;Sist in keeping f4P 1ARRI; and fare 10 Rprnrnmend to the Mayer and the Gity Ce neil the staffing needs of the department necessary 11. PeFfarm all functions, powers and duties eenqistent v4h the laivs of th state and the el,dinanres, peloeies and direetives of the City Couneil, and the Mayor,given to or required 0 the P4P Chief. ...J...-.I thatther�+., r..�� ..�1 ' +h.. nA-..,... / f...... time to time, +h...i ze OF Page 1 DRAFT—9/19/23 g 1 9, P129hibiting inte&Fenee W Fespense of an erne'gewcy. Commented EK4][ y It shall be Unlawful to impede,willfully disturb OF etherwisca with any FinernhLQF of thLa PiFP " :Move to(new)Meridian City Code section 6-3-8(misdemeanors/infractions). Department when answering or attending an emergeney,and it shall be unlawful te PRFI(Within fiVP !CHAPTER 3. GL€A NI+"I�TR€GUILATIIGINIS Commented[EKS]:Move to Title 4,Chapter 4 and CHAPTER 4.—BURNING REGULATIONS renumber 5 2 J cL,..t title. 5 z o PIA12pese The purpose efthis chapter is ta pFetect aiF quality reseurees vital to the publie health,safety,and 5 3-2 4-4-1.-Definitions. including,but not limited to,title 10 of thiq Cedp and thp radp,;inceirperated by referenee thereon,fair As used in this Chapter,terms used shall be defined as set forth in title 10 of this Code,the codes incorporated by reference therein,and the regulations of the Idaho Department of Environmental Quality. Further,for the purposes of this chapter,the following words and phrases,and derivations thereof,shall be defined as follows: A.Air quality index(AQI)means a system used by the Idaho Department of Environmental Quality(DEQ) to report daily air pollution levels to the public.Monitored air pollution levels are converted to a uniform scale ranging from zero(0)to five hundred(500)with the pollutant that has the"o^I^ awnhoent rn—nr-p—ntratmen measured an a given area determining the AQ1. B.Burn down means that period of time required for the cessation of combustion and/or burning. C.Economic hardship means fifty(50)percent or less of Ada County's median income as established by the U.S.department of housing and urban development. D.Incinerator means any device designed or operated to reduce the volume of refuse or solid waste by burning.Pathological incinerators are excluded from this definition. E.Open burning means the combustion of any material not contained in a heating appliance or incinerator. F.Operator means any person owning solid fuel burning equipment,or who is responsible for placing fuel into or igniting fuel within a solid fuel heating appliance. !Pe,,,,rt„o,aer!„ 3661e s'permit*� Commented[EK6]:MFD does not issue burn permits Page 2 DRAFT—9/19/23 goveMmental,.ntk-, wAnd G.Sole source of heat means one(1)or more solid fuel heating devices which constitute the only source of heat in a building for the purpose of space heating.No solid fuel heating devices}shall be the sole source of heat if the building is equipped with a permanently installed furnace or heating system designed to heat the building,whether that is connected or unconnected from its energy source? H.Solid fuel heating appliance means an enclosed device designed for solid fuel combustion,including, but not limited to,a wood stove. Commented[EK71:Unnecessary levels,known as the area's air quality index,as reported by the Idaho Department ef EnvirenmPntal Quaky. C_Q_C _Heightened air alit.index prohibitions-4-4-2.—Burning regulations. A. AQI of74 or greater.Whenever the Idaho Department of Environmental Quality reports an air quality index of seventy-four(74)and forecasts air stagnation conditions to continue for at least twenty-four (24)hours,the following additional restrictions and/or prohibitions shall apply: 1. .All wood burning,including,but not limited to,burning within a solid fuel heating appliance or fireplace,shall be prohibited,except that a person who commenced wood burning prior to the issuance of a the report of an aiF quality index of seventy f961•('"` shall have a burn down period of three(3) hours,after or within which period combustion and/or burning must cease. Ne peFsen .deFtal(iRg a bum .JeMi , Rder this, eptieR shall Al%y�.AOAed buming,unless an exemptien has been gFanted by the FiFe Chief 9F his designee.A Person may apply for an exemption from this section by contacting the Fire Chief or designee and demonstrating that: a. The solid fuel heating appliance is the sole source of heat for the structure in which it is situated;or b.The household using the solid fuel heating appliance demonstrates an economic hardship. Any building constructed after March 14,2006 shall not be eligible for an exemption.Appeal of the Fire Chiefs denial of an exemption may be made by the applicant for such exemption. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be received by the City Clerk within two(2) business days of such denial. Upon receipt of such written appeal, the City Clerk shall schedule a public hearing on the appeal at the next available City Council meeting. Following a hearing on the appeal, City Council shall either affirm or reverse the Fire Chief's action.The City Council's decision on such appeal shall be a final decision. Page 3 DRAFT—9/19/23 2. Inri^ gtorr No person shall operate, or cause or allow the operation of, a solid waste incinerator.This chapteF shall Ret apply to pathelagieal . B. AQI of 60 orgreater. All open burning,even if a valid permit has been issued or no permit is required, is prohibited when the air quality index reaches sixty(60)or higher�GF any pe t- Commented[EK8]:Pollutant levels are measured, but they don't each have their own AQI. 1 Commented[EK9]:MFD does not require burn but not limited te, aperateics of ;elid fi-le.1 heating applianees,shall deteFrnine the aoF quality index permits. Quality. LQ_G _BUFRie..SAW i.,el Or.ef.,Qe A-.C.Wood-burning appliances.No person shall cause or allow the burning of any matter other than wood fuel in a solid fuel heating appliance designed for wood fuel.Such prohibition shall include,but is not limited to,refuse or coal. , Commented[EK10]:Recommend not enforcing 5pecifieations, „f;.4',.,.r,;iR5tFU,.ri,,R5,..a E)F IaWS PeFtaiRiAgthPF tG manufacturer's instructions via City Code. D.Burn ban. No person shall cause or allow any burning or any matter whatsoever during a(burn ban or no-burn day as designated by the Idaho Department of Environmental Quality. Commented[EK11]:DEQwebsite calls it a burn ban; IDAPA IDAPA 58.01.01.623 calls it a no-burn. 53_7 _Applirability of rhaptelF G-R-2 4-4-3.-Enforcement and penalty. A. Enforcement.The City of Meridian's Fire Chief or his designee and/or any law enforcement officer shall have the authority to enforce the provisions of this chapter. heFete shall be a FnisdemeRRAF, and fE)F eaeh day said vielation shall 6819tiAble, Shall GAR441,te a separate offense hereunder Surh vialation shall be punishable as provided in section 1 2 1 of this ram^ B.Penalty.� person violating any provision of this chapter shall be guilty of an infraction,punishable by a Commented[EK12]:Changed from misdemeanor to fine of one hundred dollars($100.00).Each day or portion of a day during which said violation occurs infraction. shall constitute a separate offense. e a 9 Exemptions- Commented[EK73]:Moved to Meridian City Code section 4-4-2(A)(1). A. Gr-G##19y C44,C4eFk.The City CleFk shall gFant exemptiens fFem this ehapteF deteFmined by the, Page 4 DRAFT—9/19/23 er 2. Using alternative heati...... 11.I.J G Ohl.... c hardship B. DeniGl 4e)(en9ptign;heGr4ng.Any person denied an exerniatk)n under this ehapter shall be previded-, eligible feexemption fr this Eha C 2 1 n Rere..oe CHAPTER,*.-FIREWORKS Commented[EK14]:Move to Title 3,Chapter 8 and renumber all sections This chapter shall he knei.n as the 44..ridian Fir.,wArks nrd:....nce" 5-4 2;3-8-1.-Definitions. For the purposes of this chapter,the following words and phrases,and derivations thereof,shall be defined as follows: A.Caretaker unit means a recreational vehicle or motor vehicle equipped as li.,iAg g aFteFS parked at the site of an operation for the purpose of providing security for aR the operation during nonbusiness hours.( This definitien shall not inelu„a nam ping tent • _ - Commented[EK75]:Moved to Meridian City Code section 3-8-3(E). B.Dangerous fireworks means all fireworks other than nonaerial common fireworks. C.�ireworks Imeans any combustible or explosive composition,or any substance or combination of Commented[EK16]:Updated per definition in Idaho substances,or article prepared for the purpose of producing a visible or audible effect by combustion, Code section 39-2602(3). explosion,deflagration or detonation.,,ineludi igFireworks include items classified as common or special fireworks by the United States bureau of explosives or contained in the regulations of the United States department of transportation and designated as UN 0335 1.3G or UN 0336 1.4G. The term"fireworks" shall not include any automotive safety flares,toy guns,toy cannons,caps or other items designed for use with toy guns or toy cannons,party poppers,pop-its or other devices which contain twenty- five hundredths(.25)of a grain or less of explosive substance. D.�onaerial common fireworks Imeans any fireworks such as ground spinners,fountains,sparklers, -- Commented[EK17]:Covered by Idaho Code section smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen- 39-2602(6). foot diameter circle or emit sparks or other burning material which land outside a twenty-foot diameter circle or above a height of twenty(20)feet.Nonaerial common fireworks shall not include firecrackers, jumping jacks,or similar products. E.t1ame effects shall be defined as set forth in NFPA 160,Standard for the Use of Flame Effects Before Commented[EK18]:NFPA 160 section 3.3(13) an Audience. defines as"The combustion of solids,liquids,or gases to produce thermal,physical,visual,or audible phenomena before an audience."Covers indoor designed f9F use with tey guns 9F tey eannens,paFty peppeFs,pop its Ar ether deviees whiGh eentail; pyrotechnic displays,fire dancers,etc. twenty five hURdFedths(025)Of OF less of,..,..wive,.,.h,-t.....,. Commented[EK19]:Covered by definition of fireworks. Page 5 DRAFT—9/19/23 F.NFPA means the National Fire Protection Association. G.Operation means a business,whether formally or informally organized,fa at which the operator sells fireworks) 1-re-il, Commented[EK20]:Eliminates potential wholesale loophole. H.Operator means any person,sole proprietor,partnership,or corporation selling fireworks at retail. This definition shall include such operator's agents,employees,partners,and officers. 1_Permittee means the person to whom a nonaerial common fireworks permit or public fireworks display permit is issued pursuant to this chapter. J_Public fireworks display means the discharging of fireworks or use of flame effects'^•the M11YMese of Commented[EK21]:Brings all pyrotechnics under Agin a manner that produces a visible or audible effect,whether outdoors or indoors.T+s regulations and permitting requirements. elpf nitiAn shall nAt One)-ode the dischalcg:ng E)f novelty f:.ewE)FL5 K.Short-term storage container means any container,including,but not limited to,a temporary fireworks stand,tent,truck,trailer,vehicle,fully enclosed intermodal container,shed,garage,barn, outbuilding,or other permanent or temporary structural,that is used for the storage of nARaeBial Commented[EK22]:Rearranged to condense fireworks.wh,pn- definition. Commented[EK23]:Short-term storage containers I. The operation is eleseel and/or are regulated regardless of the purpose of the fireworks 21 Gdeh firey.opFks are inventei:y aHd GF net aetively being sell., affered fe.sa4e stored inside. firewarks display peffnit and surh firewarks aFe not actively being used for publie fiFewerks tFUGI(,tFaileF,er E)theF vehicle;a fully enclosed intelcmadal eentainer;or a shed,detached gaFage,bam, outbuilding,or other permanent strueture. L.Summersales and use period means from 11:59 p.m. 'une 22 to 1 :59 p.m. 'u' (midnight on June 23 to midnight on July 5. Commented[EK24]:Changed to match terminology in Idaho Code section 39-2606. M.Temporary fireworks stand means a temporary stand booth or tent from which nonaerial common fireworks are sold and/or offered for sale.In* .,fi.... GFI(S Rd sl,,..*teFffl storage container PUFSuant to the pFeyisians of this chapteF Commented[EK25]:Addressed in definition of short- term storage container. N.Winter sales and use period means from 14i59 m Der;emhpF'g*A I:gp p.m.janualcy 1 midnight on December 26 to midnight on January 1. Commented[EK26]:Changed to match terminology in Idaho Code section 39-2606. The sale, storage, possession, and/er discharge of dangerous fireworks is prohibited at all , Commented[EK27]:Covered by Meridian City Code except whe.e seal sal steFag «le. .,eI/GF diSGh-Fge Gemplies with. section 3-8-3(A) 1 A p blie f7.e..aFks.Display,.. .....*.,�.. ...I� ed p nt*e this ehapte..'and 2 All PFE)Vi5iGR5ef*his eh-.ptei- Page 6 DRAFT—9/19/23 Commented[EK28]:Covered by Meridian City Code section 3-8-4(D) be seld and/OF stered during the surnmelF sales pe-Fied ew the i.vinteF sales peFiOd SO'Ong as SUGh sale and/or storage eemplies with: ..FIG.J{ Iglay lq .nkvalidly Is ed h Rt to this Ghal9ter-,and 2 All PFGVi5iGR5 of this ehaptei Commented[EK29]:Covered by Meridian City Code section 3-8-9(F) GIWFing the summer sales peFiGd,the winter sales period,er the peFied speeified in a validly issued pFavisions of this Ghaptep. B Novelty fi..,..eFks m be sell st.Fed pessessed, Rd/eF disGhaFge J at a .,ti Fne 15 %^SNeetio*sbi ire Chief Commented[EK30]:Covered by Title 1—Fire Chief duties. The Fire Chief and/er has eF her designee shall be a uthnri7L d to- Sale,..lian a with this chapteF and a and all other applicable laws and pursuant to the p ed res Set fnxth On this eh„.ter and all other pli-able laws &A 5 3-8-2.-Permit for Fetail(sales of nonaerial common fireworks. Commented[EK31]:Eliminates potential wholesale loophole A. Permit required. No person, without having a valid nonaerial common fireworks permit issued pursuant to this chapter,shall offer for sale,possess or store for the purpose of sale,sell,cause to be offered for sale,cause to be possessed or stored for the purpose of sale,or cause to be sold nonaerial common fireworks in any manner or for any use or purpose.A separate permit shall be held for each and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale.A nonaerial common fireworks permit issued pursuant to this chapter shall be valid for only the specific dates and location designated in the permit,and shall be nontransferable. Commented[EK32]:Changed to require a new permit for each sales period. Allows MFD to be aware B. Application. Application for a nonaerial common fireworks permit shall be made to the City Clerk in of and inspect each setup,prevents inventory from such form and manner as the City Clerk may prescribe.A separate application shall be filed for each being stored in city limits(in unknown locations) between summer and winter in unknown locations. and every operation and location at which nonaerial common fireworks are to be sold and/or offered for sale.Such application shall include,but shall not necessarily be limited to,the following: Page 7 DRAFT—9/19/23 1. Applicant's name and date of birth; 2. Physical and mailing addresses of applicant's home and business; 3. Name and address of applicant's registered agent in the state of Idaho for service of process; 14. Idahe sales tan identification numbeF,of applueable; Commented[EK33]:Not needed;City does not do 6-4. Physical address and description of each and every location at which fireworks are to be background checks for fireworks stand operators. stored; �5. Dates during which inenaerial eernm^^(fireworks are to be stored; Commented[EK34]:Applies to all fireworks; &6. Physical address and description of any and all locations at which fireworks eliminates potential loophole are to be sold and/or offered for sale; 9-.7. Dates during which n erial remme fireworks are to be sold and/or offered for sale; A site plan,which shall include a description of all of the following on the parcel on which the Commented[EK35]:updated to conform to 20241FC fireworks stand and short-term storage container is to be placed,and on adjacent parcels: section 5609,retail sales of consumer fireworks. a. Location, type, and dimensions of any temporary fireworks stand_an4/ef short-term storage containers,and/or caretaker units to he l^r- ted at the sales site b. Parking areas; c. Vision sight triangle,if located on a corner; d. Waste receptacles or garbage cans; e. Location and type of electrical source(s);atad f. Location and dimensions of signs:,- g.Vehicle fuel dispensing stations or tanks; h.Flammable and combustible liquid or gas aboveground tank storage i.Combustible storage; i.Permanent or temporary generators; k.Location and type of portable fire extinguishers; I.Means of ingress,egress,and discharge paths to and from the site;and m.Permanent and temporary buildings. 9. Application fee as set forth in the fee schedule of the City Clerk's office for each and every operation for which a permit is sought; 3�10. Fire Department and electrical inspection fees for each and eYe'y operation for which a permit is sought; 343,11. Other inspection and permitting fees as may be applicable; 44.12. IA certificate of insurance providing coverage of p to . 1.undFed tl.eusand dollar,; +r�ldahA I Proof of an insurance policy, issued by an insurance company authorized to do Commented[EK36]:updated after consulting with business in Idaho, covering all claims which may arise from or in connection with the public City's insurance agent. fireworks display. Such insurance shall afford minimum limits of one million dollars ($1,000,000.00) for each occurrence of bodily iniury and property damage, and one million dollars($1,000,000.00)general aggregate for general liability. C. Application review and inspections. The City Clerk or designee shall direct the Fire°w^ ^^�^^ '°^'i^^ Commented[EK37]:Only MFD reviews these Department to review the application, and shall request that the Fire Chief or designee a^^'�he applications and conducts investigations. Eleet.ieal I..specteF conduct a site inspection at each operation,in order to determine: 1. Whether the operation, as proposed, will be conducted in compliance with this chapter and any other applicable laws;and 2. Whether we issuance of such permit by to applicant will likely endanger the health, safety, and/or welfare of persons or property. Page 8 DRAFT—9/19/23 D. Application deadlines. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the summer sales period shall be filed with the City Clerk on or before June 1,or the next business day if such date falls on a nonbusiness day. Complete applications for nonaerial common fireworks permits authorizing the permittee to sell nonaerial common fireworks during the winter sales period shall be filed with the City Clerk on or before December 1,or the next business day if such date falls on a nonbusiness day. E.Action on application. Upon completion of staff review, but no later than fourteen(14)calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue and provide the license to the applicant or deny the application. F. Reserved 4&-.F. Grounds fordenial. The City Clerk shall deny an application for a nonaerial common fireworks permit if: fraud, laFeeny,arson, eF illegal pessessien er Sale of fi.rPv.fn.rks, including, but not limited to,a " Commented[EK38]:We don't do background checks on fireworks stand operators. U.n.ified.Development Code of the City of Meridian 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid,false,or incomplete; 3, Where the city The City has revoked from applicant a nonaerial common fireworks permit issued pursuant to this chapter,in the preceding one(1)year:`r 4. `4he_Fe the P'^^^'^^ PepaFtmeRt Building Department, The Fire Department ef--Peliee 8epaFtrn reports that: a. The proposed operations,activities,and/or uses are not in compliance with this chapter; or b. Use of such permit will constitute an unreasonable hazard to persons or property. Any denial of an applieatien fer a ne nae.ri-al ca-Mmen fireworks permit shall he Made in writing and Fna befOFe the City Couneil.Sueh hearing shall be scheduled as practicable at the next regulaFly ,;c;hPdulPd mpeting ef the City At hPaFiRg the City C!eF!(shall pFesent findings and G. Denial procedure. The City Clerk or designee shall notify the applicant of such denial as set forth in Meridian City Code section 3-1-4. H. Appeal ofdenial. Appeal of the City Clerk's denial of an application for a nonaerial common fireworks permit may be made by the applicant as set forth in Meridian City Code section 3-1-5. Page 9 DRAFT—9/19/23 W..4.npnaprial rnmman firev.,mrl(s peFFA4 issued pi--Fruant to this rhapteF shall be valid faF twelve (124 Per ...Or and shall he..entFa..4pFahlp I.Content.The City of Meridian nonaerial common fireworks permit issued by the City Clerk shall include: 1. The name of the individual licensed to operate within the City under such license; 2. The dates during which such license is valid. 3. Any conditions of operation that,in addition to those set forth in this chapter,are necessary to protect the public health,safety,and welfare. 4J.Grounds for revocation. In addition to any and all other applicable civil or criminal penalties,the The City Clerk,the Fire Chief,or a designee of either,may revoke a nonaerial common fireworks permit issued pursuant to this chapter where: 1. The operator or any party operating under such permit conducts a use,condition,and/or activity not allowed under the terms of the permit, or violates a term, condition, or limitation of the permit or of this chapter. 4.2. The permit is used by a different operator or operation than to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 6-.4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. �L . The permittee fails to comply with any provision of+h'�^^'^law, including, but not limited to,this chapter. 6. It is found,after issuance of such permit,that it was issued pursuant to falsified,inaccurate,or incomplete information on the application. upon peFsenal service to the permittee eF mailing by U.S. pest to the peFrnittee's mailing address as ,;et fe.rth in the application.The permittee may request a hearing en rever-atien hpfnrp the revoked the permit shall pFesent findings and information as te the ba,*;of the Feveeataen.The City K. Revocation procedure. Revocation of a nonaerial common fireworks permit shall be effective pursuant to one(1)of the following procedures: 1. The City Clerk or designee may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Meridian City Code section 3-1-4. 2. The Fire Chief or designee may summarily revoke the permit at anytime,where he finds grounds therefor as set forth in this chapter which revocation shall be effective immediately upon verbal notice to the permittee or any party operating under such permit.Within one(1)working day of such summary revocation,the Fire Chief,City Clerk,or designee shall send written notification of such revocation and the grounds therefor as set forth in Meridian City Code section 3-1-4. J-L. Appeal of revocation. Appeal of a revocation of a nonaerial common fireworks permit may be made by the permittee Such appeal shall he made writing,shall stare the. s for q ich appeal,and Page 10 DRAFT—9/19/23 ,;hall hp deloveFed te the Gity CALark via I-I-q- m;;il 9F in peFsen within seven (7) days of the date e a PUbliE heaFiAg on the appeal at a City Council Fneeting within fOUFteen(14)days. The Gity Gauneil's deeis'^^en suGh appeal`hall be a final deem^^ as set forth in Meridian City Code section 3-1-5. M.Nontransferable.A(license/permit]is not transferable or assignable. N.Expiration.Unless earlier revoked,a nonaerial common fireworks permit shall expire at the end of the sales and use period in which it was issued. r, 4 G °ta.�"3-8-3.—Regulations regarding sales of nonaerial common fireworks. The cell^•••°^ ^-;In addition to the applicable provisions of the version of the International Fire Code currently in effect,the following provisions shall apply to each and every operation.Where the provisions of the International Fire Code and the provisions of this section conflict,the provisions of this section shall apply. A. No sales without permit.No person,without having a valid nonaerial common fireworks permit issued pursuant to this chapter,shall offer for sale,possess for the purpose of sale,sell,cause to be offered for sale, cause to be possessed for the purpose of sale, or cause to be sold nonaerial common fireworks in any manner or for any use or purpose. B. One per parcel.Only one(1)temporary fireworks stand shall be allowed per sk-e- ap rcel. C. Set up and removal.Pie«^M^^F^^•f"^•••^F'"-;*^^a Temporary fireworks stands used during the summer sales period shall not be erected in place before June 15.The pFeFnises on••hir�h qi C" ^''de.hFaS^^*'-•*^-Fthai;and shall be removed by 12:00 p.m.(noon]on July 1�6.Pie tennper-a y f*Fe A.•^ ,; g#wd Temporary fireworks stands used during the winter sales period shall not be ert^a in place before December 15a.T"^^ 4*4- eh*eR+pefap F,.ewefk-s *'—^shall be removed by 12:00p m.(noon]on January 83. D. Sales periods. The sale,storage,possession for purposes of sale,and/or possession for purposes of storage of nonaerial common fireworks is prohibited at all times,except that: 1.Nonaerial common fireworks may be possessed,sold,and/or stored during the summer sales period or the winter sales period so long as such possession,sale,and/or storage complies with a nonaerial common fireworks permit validly issued pursuant to this chapter and all regulations set forth in this chapter;and 2. Persons holding a public fireworks display permit may possess and/or store nonaerial common fireworks pursuant to the terms of a public fireworks display permit validly issued pursuant to this chapter and all regulations set forth in this chapter. 0-.E. Caretaker unit. One(1)caretaker unit may be allowed per sales permitted operation site and shall be used only for the purpose of security of an operation. Such caretaker unit shall be located a minimum of twenty-five(25)feet from any temporary fireworks stand or short-term storage container.Caretaker units used during the summer sales period shall not be placed at Page 11 DRAFT—9/19/23 the sales site before June 15 and shall not remain at the site after 12:00 p.m.(noonl on July 326. Caretaker units used during the winter sales period shall not be placed at the sales site before December 15 and shall not remain at the site after 12:00 p.m. (noon]on January 93. Only a recreational vehicle or motor vehicle may be used as a caretaker unit. A tent shall not be used as a caretaker unit. t F. No sales in residential districts. The sale of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. 4;TG. No sales in right-of-way. Nonaerial common fireworks and/or related merchandise shall not be sold or offered for sale, structures or signs shall not be erected,and/or business shall not be conducted within the public right-of-way. Fight ef way, unless etherwire awtheFized by the StFHeWFe,stand,tent, OF sign asseeiated with an epeFatien,;; rninimurn ihfirlth Of fOUF(4)feet such provatesdewall(eFpedestFpanwayqs Rarre;.verthan feiff(4)feet wide,at leasteRe half(114) Pf the vi'dth theFeOf shall re-Main u-nelast.rueted along the eAtiFe width of SuGh PFiVate Sidewalk OF ede F-.H.Access. No entrance and/or exit drive providing ingress or egress to an operation shall cause a traffic hazard or nuisance. Operators shall comply with all rules and standards for roadway access as established by the appFepFiate transportation authority. #-I_ Parking. No operation shall sell or offer for sale nonaerial common fireworks and%W effe� .;..' remmen c:.,.... c salp at a location lacking adequate off-street parking upon asphalt or other dustless material.Inadequate parking shall include,bUt S"^"Rat be li...ir.d tG S-diel;Situatie.....heFe paF'(iRg by patFGRS of the,...eFatieR,dish.,G4 StFe t displacement of off- street parking spaces or loading areas serving the site's permanent and/or primary use(s). i.L Equipment. Compressors, fans, pumps, and/or other motorized equipment utilized by an operation shall be located and/or shielded in a manner that prevents unreasonable noise. J-.K. No permanent structures. No person shall construct,eF cause to be constructed,or use any permanent structure for the sale and/or offering for sale of nonaerial common fireworks. No operator may sell or offer for sale nonaerial common fireworks from or in a permanent structure. K. No peFsaR shall have an�pen flame,GF use an exposed element heatiRg deviee in any tempeFar Commented[EK39]:Covered by Meridian City Code fiF2WeKksstaad. section 3-8-6. L.Minimum age. During business hours,each and every operation shall be staffed by at least one(1) person who is twenty-one(21)years of age or older. M. No person under sixteen(16)years of age shall be allowed in the nonpublic areas of a temporary fireworks stand. N-.M.No sales to persons under sixteen. No operator shall sell fireworks to any person who is under the age of sixteen(16)years unless such person is accompanied by a parent or legal guardian. The burden of verifying the age of purchasers of fireworks shall be borne by the operator. Page 12 DRAFT—9/19/23 Q-.N.Signs.The following provisions shall apply to any and all temporary signs related to any fireworks operation: 1. It shall be unlawful for any person to install,erect,post,or display,or to allow or cause the installation, erection, posting, or display of more than two (2) temporary signs on the property on which the fireworks operation is located for the purpose of identifying, promoting, advertising, or directing patrons to such operation, except that one (1) additional temporary sign may be installed,erected,posted,or displayed on the temporary fireworks stand. 2. The area of any temporary sign installed,erected,posted,or displayed for the purpose of identifying, promoting,advertising,or directing patrons to an operation shall not exceed thirty-two (32) square feet. It shall be ' ^I ...F I f9F any peFsep to install ^,.t post, suel.tempo FaFy sign s...s.eds thiFt.,two(32)square feet 0.1 it shall he feF any peFsen te install,eFeet,pest,9F display eFte allew Ar rawre the Commented[EK40]:Covered by UDC limited , duration sign regulations. advertising' GF s...directing atss to ati..., upenany PFGpei4yetheF than .. tl...t pFep ny u�pen .d.i^L.the a mtien is lee-ated 43. Any and all temporary signs identifying,promoting,advertising,or directing patrons to an operation shall be removed within twenty-four (24) hours of the ^^^^'•';'^^ ^F ^" epeFatier�end of the applicable sales and use period. O.Operation requirements. •^^^^"^ d^ `^ ^.••ci.^•••^•'. `^ d ^ .^`^. Operators shall comply with,and, as applicable, shall ensure their patrons' and the public's compliance with,each and all of the following provisions regarding temporary fireworks stands: 1. Any and all temporary fireworks stands shall comply with all applicable provisions of this Code,including,but not limited to,the Unified Development Code,the building code,the fire code,and the electrical code.The operator shall obtain any and all required permits. Commented[EK41]:Moved to section 3-8-3(0)(7) thirty F..s.t p eter tl...reef shall he el.aced and m ntaineel elear of any and all e4s mbustible getatien eF m^teFi^I nd/eF debFis Ne epeFater shall permmt the -3-.2. No temporary fireworks stand shall have a floor area in excess of seven hundred (700) square feet. 43. Any and all temporary fireworks stands shall have exit doors at least thirty(30) inches wide at both ends of the temporary fireworks stand and one(1)additional door for each thirty-two feet of rear wall in excess of thirty-two(32)feet.All doors shall open outward from the temporary fireworks stand and all doorways shall be kept clear and operational at all times.No operator shall cause or allow any exit from a temporary fireworks stand to be obstructed,unopenable,inaccessible,or malfunctioning. �4. Operators shall locate and maintain temporary fireworks stands in compliance with the Commented[EK42]:Updated to conform to2024lFC following minimum separation distances: section 5e09,retail sales of consumer fireworks. Exposure Minimum Separation Distance Public Ways 20 feet Buildings 20 feet Page 13 DRAFT—9/19/23 Fireworks stands 100 feet Vehicle Fuel Dispensing 100 feet Propane cylinder exchange stations 100 feet Flammable gas and flammable liquefied gas bulk 300 feet aboveground storage or dispensing areas Flammable and combustible liquid or gas 300 feet aboveground tank storage Vehicle access and parking areas 20 feet Combustible storage 20 feet Generators 20 feet Short-term storage container 20 feet Weeds or vegetation 20 feet Trash,rubbish,debris,waste receptacles 20 feet Cooking equipment 25 feet Any fire hazard 20 feet 5. Any and all tempeFaFy fiFeweFl(s stands shall be located at least twenty fiVe(25)feet 40M 6. Any and all tempaFaFy fiFeWOFIG stands shall bp lgeatpd at least tweRty five(29)feet 4GM ;1. Any and all temperaFy fiFeweFks stands shall he lecated at le-a#e.ne hundred (100)feet 49M any flammable liquid dispensing deviee OF ORS#111#191; 8 5. Any and all temporary fireworks stands shall contain a minimum of one(1)type 2A10BC rated fire extinguisher,and one 2A water type fire extinguisher.Such extinguishers shall,at all times be in good working order,have a current inspection tag,and be easily accessible for use in case of fire in the temporary fireworks stand or the immediate proximity thereof. 9-6. Any and all temporary fireworks stands shall be emptied of all fireworks when not open for business.This provision shall not apply where the operation is not open for business and the temporary fireworks stand is used as a short-term storage facility, in which case all provisions of this chapter governing short term storage facilities shall apply,ineluding,but 49J.No person shall sleep at any time in any temporary fireworks stand at any time. ill. �ehieles shall net be paFl(ed within twenty five(25)feet Af the e9tPFOAF ef any teFAP9FaFY Commented[EK43]:Moved to subsection(4),above f:r.......rl.r r+-....J 25 Commented[EK44]:Covered by 3-8-6(H) 43-.8.At least one(1)sign reading,"Fireworks-No Smoking or Vaping Within 25 Feet"in letters at least four(4)inches high on a contrasting background shall be posted on earl;and every exterior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. 44.9.At least one(1)sign reading,"Fireworks-No Smoking or Vaping Within 25 Feet"in letters at least two(2)inches high on a contrasting background shall be posted on each and every interior wall and/or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. 4-5-.10.At least one(1)sign reading,"No Fireworks To Be Discharged Within 100 Feet"in letters at least four(4)inches high on a contrasting background shall be posted on each and every exterior wall or side of any and all temporary fireworks stands. Such signs shall be maintained in a visible and legible condition at all times. Page 14 DRAFT—9/19/23 4-&11. Waste receptacles or garbage cans in any temporary fireworks stand shall be noncombustible and shall have a securely fitting lid. 1-7-.12.All permits aFe FequiFed to shall be posted in the stand at all times. 3-8-4.—Regulations regarding storage of fireworks. The following pFevisiens shall apply to each and every epeFation.The steFage ef nenapFial r-ommen Awful In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to the storage of fireworks.Where the provisions of the International Fire Code and the provisions of this section conflict,the provisions of this section shall apply. A. No storage without permit. No person, without having a valid nonaerial common fireworks permit or public fireworks display permit issued pursuant to this chapter, shall store fthe PUFpese..f sale^ ra, tA h^IAGFed fAF the PHFPase of sale nonaerial common fireworks in any manner or for any use or purpose. B. One storage unit per parcel. Only one (1) short-term storage container in addition to the temporary fireworks stand shall be allowed per site parcel. C. Set up and removal. Short term storage containers used during the summer sales period shall not be placed at the sales site before June 15 and `hall not remain at the g0t^ after shall be removed by 12:00 p.m.(noon)on July4�L&Short-term storage containers used during the winter sales period shall not be placed at the sales site before December 15 and shall nett.^ ; at tl,t t"^ -;*tp a ft..be removed by 12:00 p.m.(noon]on January 93. D. No storage in residential districts. The storage of fireworks shall be prohibited in residential districts as such districts are defined by the Meridian Unified Development Code. E. No storage in right-of-way. Short-term storage containers shall not be placed or erected within the public right-of-way. Fight of mess ^theFv se „theFized by the l.,t^ %vidt.h. of sueh private sidewalk OF pedestrianway. if such private sidewalk eF pedestFianway is naFFeweF than feuF (4) feet wide, at least e e half (14) of the yiidth thLzr Af shall F. No sales in permanent structures. No person shall construct,or cause to be constructed,or use any permanent structure for the storage of nonaerial common fireworks. G. Secure storage. Stored fireworks shall be secured in a manner that denies any and all access to such fireworks by persons other than the operator. H. Exit. No operator shall cause or allow any exit from a short-term storage container to be obstructed,unopenable,inaccessible,or malfunctioning. Page 15 DRAFT—9/19/23 I. Storage requirements. ^,.to^^^"aind eveFy Sh9Ft tar^,,..^rage eentai^^r ^ r^.^r,.Operators shall comply with,and, as applicable, shall ensure their patrons' and the public's compliance with,each and all of the following provisions regarding short-term storage containers: 1. Any and all short-term storage containers shall comply with all applicable provisions of this Code,including,but not limited to,the Unified Development Code,the building code,the fire code,and the electrical code.The operator shall obtain any and all required permits. Commented[EK45]:Covered by Meridian City Code than sixty(69)days pFieF to,and fi4een(15)days a4eF,the dates dwFing whieh the sale A section 3-8-4(A) rtOFage Of fi.... OFI(s by a person at a ^theF time eF feF a I.,.geF du Fation shall M^ ^lawf.11 r=leaF of aR y and all weeds, ,.,bustibl... getatieR 9 material, and/OF dPhrir 4.2. No short-term storage container shall have a floor area in excess of three hundred twenty (320)square feet. from- then Wilda strt►ct�e, ne but not limited t^ ate.."" e o� �„ Iucf;,=�� ie„ Ri fir.,..,erkq rt;;Rd �s. Operators shall locate and maintain any short-term storage container in compliance with Commented[EK46]:Updated to conform to 2024IFC the following minimum separation distances: section 5609,retail sales of consumer fireworks. Exposure Minimum Separation Distance Public Ways 20 feet Buildings 20 feet Fireworks stands 100 feet Vehicle Fuel Dispensing 100 feet Propane cylinder exchange stations 100 feet Flammable gas and flammable liquefied gas bulk 300 feet aboveground storage or dispensing areas Flammable and combustible liquid or gas 300 feet aboveground tank storage Vehicle access and parking areas 20 feet Combustible storage 20 feet Generators 20 feet Short-term storage container 20 feet Weeds or vegetation 20 feet Trash,rubbish,debris,waste receptacles 20 feet Cooking equipment 25 feet Any_fire hazard 20 feet �L4. Any and all short-term storage containers shall be located at least one hundred feet(100) from any flammable liquid dispensing device or installation. 8-.5. Any and all short-term storage containers shall contain a minimum of one(1)pressurized water fire extinguisher with a minimum rating of 2A,which fire extinguisher shall be located Page 16 DRAFT—9/19/23 in an accessible and visible location within forty-eight(48)inches of the access door.If such container has more than one (1) access door, a fire extinguisher shall be located in an accessible and visible location within forty-eight(48)inches of each and every access door. 9-.6. No person shall sleep at anytime in any short-term storage container at any time. 10. �ehiele_r shall net he paF!(ed�Yithin twenty five(25)feet ef the exterier Af any SheFt teFm Commented[EK47]:Covered by Meridian City Code steFage eantainer section 3-8-6(A)(9) Commented[EK48]:Covered by 3-8-6(H). eeRtaiReF ..eF withiR t.....m y five(29)feet of aR y sheFt teFFn steFag..reRtaiRer 4-2-7.At least one(1)sign reading,"Fireworks-No Smoking or Vapins Within 25 Feet"in letters at least four(4)inches high on a contrasting background shall be posted on each and every interior wall and each and every exterior wall or side of any and all short-term storage containers.Such signs shall be maintained in a legible condition at all times. 3-3-.8.At least one(1)sign reading,"No Fireworks To Be Discharged Within 100 Feet"in letters at least four(4)inches high on a contrasting background shall be posted on each and every exterior wall or side of any and all short-term storage containers. Such signs shall be maintained in a legible condition at all times. Commented[EK49]:Covered by Meridian City Code _-_._o_eentain section 3-8-4(I)(3) 1b. M/;ste ptaeles . ...Cage eans aFe Ghibited : any and all ShOFt teen st...age .maiReFs w Riess s Gh. epta Gle is ..hustihle;;..d has a recuFely fittiRg lid. J. Storage in temporary fireworks stand. Where a temporary fireworks stand is used as a short- term storage facility,such temporary fireworks stand: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter. 2. Where such temporary fireworks stand is constructed with hard sides,it shall be seemed %yath a Igsk.....J Ley at all aeeess.eiRts effectively secured by a working lock or locks at all times and at all access points,except during active loading and/or unloading. 3. Where such temporary fireworks stand is constructed with canvas or other soft material sides,shall be effectively secured by a person who shall remain awake,alert,and on site at all times and who shall prevent any and all access to fireworks or other merchandise stored therein. K. Storage in trailer or vehicle. Where a truck trailer or a vehicle is used as a short-term storage container,such truck trailer or vehicle: 1. Shall comply with all applicable provisions of this section in addition to any and all other applicable provisions of this chapter. 2. Shall be effectively secured by a working lock or locks at all times and at all access points, except during active loading and/or unloading. 3. Be marked in accordance with United States Department of Transportation Requirements. Vihe.re a permanent building OF strueture as used as a sheFt teFFn storage Commented[EK50]:Use of permanent buildings for St. c fireworks storage unsafe and inconsistent with section 1. S ha I I comply with all applicable pFeViSieRS of this seetien On addition tE)any and @11 GtheF 3 8 5(F) .,li Gable PFeVqS.eRS of this Gh@pt.,r7 Page 17 DRAFT—9/19/23 / -1. Shall centamn n open flames; 4. Shall have ne heating -5. Shall have Re lighting sawee, exeept that handheld, batteFy epeFated flash"ghts may be Shall be 5epaFated by R W..'RiFR'_l.Fn Aft;.venty five(25)feet fFE)m aRy atheF q#l'rtl'Fp that* b. Fs f...ham, .,.,1 abkatier; G. GORWwR5 epeR flames; L. Storage of dangerous fireworks.Storage of dangerous fireworks shall be unlawful unless specifically authorized by a valid public fireworks display permit issued pursuant to this chapter. Dangerous fireworks shall be stored in accordance with any and all applicable provisions of this chapter governing short-term storage containers and all applicable provisions of the International Fire Code, except that no person shall store dangerous fireworks: 1. In a temporary fireworks stand; 2. In any soft sided structure,including,but not limited to,a tent; 3. In any place or in any manner allowing access to such fireworks by anyone other than the permittee;and/or 4. In any place or in any manner which endangers the health, safety, and/or welfare of persons and/or property. n Q GeneFal ffehobot*ens Commented[EK51]:Moved to 3-8-6 display permit validly issued pursuant te tWs _,and b. All proovkaen5-oFri-m,;chapter. o Th...,.,Or di«haFge EI .,five,.,.FkS f...m me AF at-. eh;,.l.... 5t FYGtHFe d. EIREP 6.E:Discharge firev.fe.rks v.g4hin one hundred (100)feet E)f any ternpoicary fmFeweicks stand or shart +- 8.H, ignote a fla.rrip i.ymthm.n. tv.oenty five (25) feet of any temporary fireworks stand el, ;hert term S+. l# 9 Park a meter wehiple withiR twenty five(25)feet of any ternpoicary fireworks stand Ar shert-term storage n+- Page 18 DRAFT—9/19/23 Commented[EK52]:Covered by Idaho Code section The parent,guardian er etheF person having eustady eF eentFE)l Of a.mine-1,qhall bp liable for 39-2611 damage ea used by the diseharge el,use of firpwork bytheminer. 3-8-5.—Public fireworks display permits and regulations. In addition to the applicable provisions of the version of the International Fire Code currently in effect, the following provisions shall apply to public fireworks displays.Where the provisions of the International Fire Code and the provisions of this section conflict,the provisions of this section shall apply A. Permit required. No person,without having a valid City of Meridian Public Fireworks Display Permit issued pursuant to this chapter,shall_ 1.possessor Possess,store, ' ^^^.^ f ,., .L,;f r the purpose of pub!m.fi.-..,.erks display, or discharge dangerous fireworks in any manner or for any use or purpose, or cause dangerous fireworks to be discharged in any manner or for any use or purpose. 2.Discharge fireworks as,or as part of,a public fireworks display. IB. Public fiFeweFks displays shall eemply with Fegulations feFthe permitted display as Fegulated by NFI2A Commented[EK53]:Moved to below C-B. Application. Application for a public fireworks display permit shall be made to the City Clerk in such form and manner as the City Clerk may prescribe. Such application shall include, but shall not necessarily be limited to,the following information: 1. Name,mailing address, physical address,phone number,and e-mail address of each and all of the following persons: applicant, owner of the property at which the display is to occur, and pyrotechnician operating the display. 2. Name and address of applicant's,property owner's,and pyrotechnician's Idaho registered agent for service of process. 3. Documentation and copies of qualifications of pyrotechnician,including copies of certifications, licenses,and a copy of government-issued photo identification. 4. Date(s)and times of the display,including set up time,display time,and length of show. S. Physical address of site at which public fireworks display is to occur. 6. Site plan,including the following: a. Detailed layout of site, including all separation distance measurements per aR d,#-,nee ,St be pliant .,,tl, NFPA #andard 1123, ineluding Pd ids. b. Detailed layout of discharge site, including the location of all devices to be used during show,their required separation distances,and location of controllers. c. Location of all spectator areas. d. Detailed layout of fallei it Fallout area,including offset measurements. Page 19 DRAFT-9/19/23 e Detailed layewt of pFepaFatieR Preparation area, including ^ e hi-Adred feet required separation distance. f. Detailed layout effire;AFerle;Fireworks storage area,including required separation distances, awd capacity,and dates during which fireworks are to be stored. g. Buildings on or in proximity to the display site. h. Highways,streets,or alleys in proximity to the display site. L Special hazard locations(e.g.,combustible fuel,flammables,explosives,toxic substances, places of detention and correction,health care facilities). j. Location of possible overhead obstruction locations and utilities. k. Location of area(s)affected by the flame effect device. I. Types and locations of required fire extinguishers and supplemental fire protection features. 7. Description of fireworks to be used in the display,including: a. Detailed list of devices to be used in each display per show which shall include number and type of all devices to be used,including classification(e.g.,aerial shell,cake,mine,salute, ground display piece, comet, lance, etc.),type of match to be used (e.g., black, electric, quick match,etc.),and whether the fireworks are to be chain fused or individually shot. b. Detailed list of flame effects to be used per show which shall include classification of effect (e.g.,gas mine,ghost mine,etc.). c. Detailed list of lift charges for gas mines including grams,type of powder,sealing method of charge,fuel type(e.g.,gas,diesel,mixture,cremora,LPG,etc.),and type of match used. d. Diagram of the mortar for flame effects showing pipe schedule size,wall thickness,height, width,and securing methods. e. Diagram of the mortar racks detailing elevation of rack(if raised location provide elevation), rack location (ground, trailer, stand, etc.), construction elements of rack, mortar pipe schedule including type, size, wall thickness, height, width, and rack securing methods. Mortar racks shall meet the construction recommendations of NFPA-`^Roes 1123. 8. Written copies of each and all of the following: a. Procedure for sequence of operations for ignition of fireworks and flame effects,including ignition method(electronic,manual,automatic,etc.);controller manufacturer,model,and type (automatic, handheld, manual); number of manual and electronic shooters, and source of manual ignition(fusee,torch,portfire,etc.). b. Communication plan and methods between the permit holder, property owner, and pyrotechnician before,during,and after the display. c. Safety plan,including protocols for: (1) Stopping the show for emergency response personnel,catastrophic failure,operator injury,hazardous debris falling on spectators,anv hazardous conditions identified by the Meridian Fire Chief or designee,and crowd control issues. (2) Actions to be taken in the event that a shell fails to ignite in or discharge from a mortar, fails to function over the fallout area or other malfunctions, reporting methods and procedures for manually unfired shells including marking and warning of hazard to site personnel, and the disposal methods for unfired shells found in the post display sweep. 9. In eFtofieate s 6ASUFaRGe :a:....eeveFage f up to one .ilium d8l'a... ($ nnn nnn nm fe Proof of an insurance policy,issued by an raws mented[EK54]:Updated after consulting with insurance company authorized to do business in Idaho,covering all claims which may arise from insurance agent. operations under or in connection with the operation. Such insurance shall afford minimum Page 20 DRAFT—9/19/23 limits of one million dollars($1,000,000.00)for each occurrence of bodily injury and property damage,and one million dollars($1,000,000.00)general aggregate for general liability. 10. Application fee. h} FiFe DepaFtment inspeetian fee. Commented[EK55]:Not allowed per Idaho Code section 39-2605(5). C.Application review. Upon receipt of all application materials required by this section,the City Clerk shall refer the application to the Fire Chief or designee, who shall review the application to determine:the validity and eempleteness.,F the information thereon. 1. Whether the public fireworks display, as proposed, will be conducted in compliance with this chapter and any other applicable laws;and 2. Whether use of such permit by applicant will likely endanger the health,safety,and/or welfare of persons or property. dpnwal €D. Action on application. Upon receipt of the findings recommendation of the Fire Chief or designee, but no later than thirty(30)calendar days from the date of submission of the completed application and all application materials required by this section, the City Clerk shall either issue a City of Meridian Public Fireworks Display Permit to the applicant,or deny the application.` heFe—h,'"^City Clerk denies AR appliGatieH feF a Qty ef MeFidian Publk;Pirev.,mrks Display PeFmit,the City C;!eF'(Shall IL;G. Grounds for denial. The City Clerk shall deny an application for a public fireworks display permit where: 1. The application is incomplete or required application materials or fees have not been submitted 2. Investigation of such application or application materials reveals that provided information is invalid,false,or incomplete; 3. Investigation of such application or application materials reveals that the proposed public fireworks display will not be compliant with applicable laws,regulations,or standards;or 4. The pyrotechnician does not have the requisite qualifications,certifications,and/or licenses for public fireworks displays,as set forth in NFPA provisions referenced above-Lr 5.Use of such permit will constitute an unreasonable hazard to persons or property. G. Appeal E)f the City Clelck's issuance el,denial of an application fOF a City E)f MeFidian public fireworks display peFFnit may be made by any peFSeR. SuGh appeal shall be Fnade in wFiting, shall state the fourteen(14)days of sueh issuanee oF denial.Upon Feceipt of such written appeal,the City Clelck shall sehedule a publie heaFing en the appeal at a City Couneil meeting within thirty(30)days.Fallowing a publie heaFing eR the appeal,Gity Ceyneil shall eithi-F affiFFn eF FeveFse the City Clerk's artion and ,;hall 0,;q--e writtell findings supporting sueh decision.The City Counpil's derision An sueh appeal shall H. Denial procedure. The City Clerk or designee shall notify the applicant of the denial of a public fireworks display permit as set forth in Meridian City Code section 3-1-4. Page 21 DRAFT—9/19/23 I. Appeal of denial. Appeal of the City Clerk's denial of an application for a public fireworks display Permit may be made by the applicant as set forth in Meridian City Code section 3-1-5. J.Content.The public fireworks display permit issued by the City Clerk shall include: 1. The name of the individual licensed to operate within the City under such license: 2. The dates during which such license is valid. 3. Any conditions of operation that,in addition to those set forth in this chapter,are necessary to protect the public health,safety,and welfare. #-.K. Grounds for revocation. The City Clerk,Fire Chief,or designee may revoke a City of Meridian Public Fireworks Display Permit where: 1. The permittee or any party operating under such permit conducts a use, condition, and/or activity not allowed under the terms of the permit,or violates a term,condition,or limitation of the permit or of this chapter. 2. The permit is used by a different party than the party to whom it was issued. 3. The permit was issued in error or in violation of any ordinance or law. 4. The permittee fails to comply with any order or notice duly served in accordance with the provisions of this chapter or other applicable law. 5. The permittee fails to comply with any provision of this Code,including,but not limited to,this chapter. 6. It is found,after issuance of such permit,that it was issued pursuant to falsified,inaccurate,or incomplete information on the application. 4-.L. Revocation procedure. Revocation shall be effective pursuant to one(1)of the following procedures: 1. The City Clerk or designee. notify the perrn4tee of Such. eation on writing,and shall mail Such n.et.ce te the applicant at the mailing ad req,;qpt forth On t e public fiFeWE)FI(S display permit may notify the licensee or permittee of the revocation of a nonaerial common fireworks permit as set forth in Meridian City Code section 3-1-4:or 2. The Fire Chief or designee may summarily revoke the public fireworks display permit at any time, where he finds grounds therefor as set forth in this chapter,which revocation shall be effective immediately upon verbal notice to the permittee or any party operating under such permit.that the permitted firpwnrlo;display is to be cend,wtpd a mann r or i indpr rendition.,;which arp eFnqaypesea heightened Fisk ef�fiFe,aiqjyFy,eF th Feat te py blie health,safety,GFpFePeFtY.S616h display peFmit Within one(1)working day of such summary revocation,the Fire Chief,City Clerk,or designee shall send written notification of such revocation and the grounds therefor as set forth in Meridian City Code section 3-1-4. _J_.M. Appeal of revocation. Appeal of a revocation of a City of Meridian Public Fireworks Display Permit may be made by the permittee S eh appeal shall he Made in wr4ing,shall state the reasonq for wh appeal,and shall be delive-Fed te the Gity GIeFIE Via U.S.Mail eF 4A peFseR feurteen(14)days e the date mf mailing sueh Feveeatien.Wpen FeGeipt ef sueh appeal,the City(;IeFk shall Sehedyle a pub"G heaFiAg an the appeal at a Gity Gowned meeting WithiR thiFty(30)days. The Gity COURGil";GIPPiSiOR en ueh appeal`hall"^a final d^c"m^^.as set forth in Meridian City Code section 3-1-5. Page 22 DRAFT—9/19/23 N.Nontransferable.A Public Fireworks Display Permit is not transferable or assignable. 0. Expiration. Unless earlier revoked, a Public Fireworks Display Permit shall be valid from dusk to midnight on the permitted date of the public fireworks display. P.Public fireworks display regulations. Public fireworks displays shall comply in every respect,including, but not limited to,setup,staging,and performance,with standards and regulations set forth in NFPA 1123 Code for Fireworks Display (2022 edition), NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience (2021 edition), and NFPA 160 Standard for the Use of Flame Effects Before an Audience(2021 edition). �je person,wkheut having a valid pubhe fwrewE)F'<s display permit issued pursuant to this , Commented[EK56]:Covered by Meridian City Code section 3-8-5(A) for the purpose of publie fireworks display, dangerous firewerl(q Or fer any use er puFpese. Commented[EK57]:Covered by Meridian City Code n all farpt,; of a pubime firewerks display undertaken pursuant to a va"dly issued publie firewerks section 3-8-5(B) display peFmk but net limited te,setup,staging, and peFfeFmanGe,s4ietly eemply w4h SSermatmen gtandardg. NPRA 7G RdaFd fGF the use Of P ..I.nies b efE)FePFE))(iFnRted Commented[EK58]:Moved to Meridian City Code fireworks display permit issued pursuant to this ehapter shall be ste-Fed On arperdanee with any andsection 3-8-5(C) .....perar y fir.,,,,r).LS sta4 d.Cede,in a t 20 in any oft sided structure cluding but net limited to a tent; the p nd/e 3-8-6.-Regulations for possession and discharge of fireworks. It shall be unlawful for any person to: A.Alter any fireworks,except where such alteration complies with a public fireworks display permit validly issued pursuant to this chapter. B.Throw or discharge any fireworks from,into,or at a vehicle or structure. C.Throw or discharge any fireworks at any person. D.Sell,store,possess,discharge,or use fireworks in violation of this chapter. E. Use fireworks in any area where there exists a severe fire threat based on vegetative or other conditions as determined by the Fire Chief or his/her designee, provided that notice of such areas is given in advance. F.Possess or discharge fireworks at any time other than during the summer sales period,the winter sales period,or as specified in a validly issued public fireworks display permit. Page 23 DRAFT—9/19/23 G.Discharge fireworks within one hundred(100)feet of any temporary fireworks stand or short-term storage container. H.Smoke or use an electronic smoking device within twenty-five(25)feet of any temporary fireworks stand or short-term storage container. I.Ignite a flame within twenty-five(25)feet of any temporary fireworks stand or short-term storage container. J. Park a motor vehicle within twenty-five(25)feet of any temporary fireworks stand or short-term storage container. K. Obstruct or cause to be obstructed, inoperative, inaccessible,or malfunctioning any exit from a temporary fireworks stand or short-term storage container. L. If such person is under the age of sixteen (16)years, purchase, possess,or discharge fireworks, except in the presence of a parent or legal guardian. &442. Violation and penalty, 3-8-7.—Violations and penalties. A. . dellaFs($ ^^^^` A person violating Meridian City Code sections 3-8-6(A-E)shall be cited pursuant to Idaho Code section 39-2609. B. A person violating any provision of Meridian City Code section 3-8-4(regulations regarding storage of fireworks)or Meridian City Code section 3-8-5(public fireworks display permits and regulations)shall be guilty of a misdemeanor. C. A person violating any other provision of this chapter shall be guilty of an infraction,punishable by a fine of one hundred dollars($100.00). &D. All fireworks possessed, discharged, or used in violation of this chapter may be confiscated and destroyed by the Meridian Police Department or the Meridian Fire Department. Page 24 DRAFT—9/19/23 TITLE 3-BUSINESS AND LICENSE REGULATIONS CHAPTER 1.-GENERAL LICENSING AND PERMITTING PROVISIONS 3-1-1.-Licenses or permits required. No person shall engage in or carry on any trade,business,profession,or activity within the limits of the city for which a license or permit is required by this title,or by any ordinance of the city,without a current,valid license or permit required for that trade,business,profession,or activity.A vmalation A the-;-;Pr#iAI; ;hall be a rAisdemeaneF,punishable by swel;fine and/eF impFisepment as established by IdRhA GREIP—IR addition to sbieh penalty,any peFSGA ViGlatiAg aRy PFA-Vi-rieR ef.this ehapte!F Shall be „bjeet to any and all etheF appli,...tii„..a...iRi--A...+o..„ ElFiF, FIal „d 8F,.:..a penalties.Each day uveR or Commented[EK7]:This is covered by each section portion of a day during which a violation of this section continues or occurs may be deemed a separate and sets up a conflict where failure to have a license or and distinct violation. permit is an infraction. By removing the general penalty provision,the specific penalty provisions will apply. 0-1-2.�Authorization of FBI National Criminal History Records Checks. Commented[EK2]:This section protects the City's ability to do nationwide background checks and cannot A. Determine suitability of applicant. In order to determine an applicant's suitability for the following be amended without permission from ISP and the FBI. licenses,the City Clerk,and/or City Clerk's designee,shall require the applicant to,and the applicant No updates are recommended to this section. shall,furnish to the Idaho State Police a full set of fingerprints: 1. Mobile sales unit license; 2. Pawnbroker license; 3. Pawnbroker license with precious metal endorsement; 4. Precious metal dealer license;and 5. Vehicle immobilization license. The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation. B. Applicant consent required. The City Clerk, and/or City Clerk's designee, shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent,the application shall be denied. C. Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City Clerk's designee, shall require an applicant for a city license to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation.Pursuant to Idaho Code§67-3008,and Congressional enactment Public Law 92-544, the City Clerk and/or City Clerk's designee,may require the applicant to submit a set of fingerprints for a city license and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for city license,and the Meridian Police Department shall recommend approval and/or denial of the application based on this information and relay that recommendation to the City Clerk's office.As required by state and federal law,further dissemination or other use of the criminal history information is prohibited. D. No amendment without F81 approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation. DRAFT—9/19/23 3-1-3.-Unlawful to display invalid license or permit. It shall be unlawful to display,wear,or assert the validity of a license or permit required by the City of Meridian where such permit or license has been denied,revoked,expired,or otherwise invalidated. Notice and effective date of issuance,denial,or revocation of licenses and permits. Commented[EK3]:Establishes uniformity in noticing requirements for City Clerk regarding communications A.Content of notice. The City Clerk shall notify the permittee of permit issuance,denial,or revocation in with applicants,as well as effective dates of such writing. Notice of denial or revocation shall include the grounds for such decision,and notice of the notices. right to appeal such decision,if any.No right to appeal shall attach where the grounds for the City Clerk's decision are that the applicant failed to timely submit a complete application. B.Effective date. The effective date of the City Clerk's issuance,denial,or revocation of a license or permit shall be the date the City Clerk or designee mails notice of same via U.S.Mail,personally delivers notice of same to the applicant,licensee,or permittee,or a-mails notice of same to the applicant, licensee or permittee. B.Address. An applicant's,licensee's,or permittee's mailing address,physical address,or e-mail address,for purpose of receiving notice of issuance,denial,or revocation of a license or permit,or any other notice from the City regarding such license or permit,shall be that provided on the application submitted to the City Clerk. If the applicant's,licensee's,or permittee's mailing address,physical address,or e-mail address changes,it shall be that Person's responsibility to provide the current information to the City Clerk. 0-1-5.—Appeal - Commented[EK4]:Establishes uniformity in appeal A.Appeal requirements. Appeal of a decision of the City Clerk or designee to deny,revoke,or condition a rights and processes for license and permit denials, license or permit shall comply in all regards with the following: conditions,and revocations. 1. The appeal shall be made by the applicant,licensee,or permittee,or such person's attorney. 2. The appeal shall be delivered to the City Clerk via U.S.Mail,e-mail,or in person. 3. �he appeal shall be received by the City Clerk no later than fourteen (14) days following the effective date of the notice of denial,revocation,or issuance of the license or permit.) Commented[EKS]:Establishes uniform appeal 4. The appeal shall be In writing. period. Applicant can appeal sooner if desired. City 5. The appeal shall state the reasons for such appeal. Council always hears the appeal at the next available 6. The appeal shall be delivered to the City Clerk in accordance with the time set forth in the City Council meeting. applicable City Code provision. B. No appeal of defective application. No person may appeal the decision of the City Clerk where the grounds for such decision are that the applicant failed to timely submit an application,failed to timely submit required application materials or fees,or failed to submit a complete application. C.City Clerk action. Upon receipt of an appeal that conforms to the appeal requirements set forth in this section,the City Clerk shall schedule a public hearing on the appeal at the next City Council meeting at which the matter may be duly noticed. No public hearing will be held if the appeal does not meet the requirements set forth in this section. DRAFT-9/19/23 D.City Council action. Following a public hearing on the appeal,City Council shall either affirm or reverse the City Clerk's action. The City Council's decision on an appeal filed pursuant to this chapter shall be a final decision.