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Employees shall not solicit outside employment while on duty for the Department or use their Department positions as an aid or leverage to gain outside employment. Section 23. Disability Accommodations The Union recognizes that the City has an obligation under law to meet with individual employees who request reasonable accommodation in the work place because of a disability. If the City contemplates actions to provide reasonable accommodation to an individual employee in compliance with applicable law and the accommodation conflicts with any provision of this MOU,the Union will be advised of any such proposed accommodation and be afforded an opportunity to discuss the same prior to implementation by the Department. Section 24. Miscellaneous 24.1 Deferred Compensation Program The City shall provide a voluntary Internal Revenue Code ("IRC") 457 deferred compensation plan and a voluntary Internal Revenue Service ("IRS") 401A plan. Any funds deposited in a deferred compensation plan under this provision belong to the employee, regardless of length of service or reason for separation. The City shall contribute two and one-half percent of the employee's base compensation into a 457 deferred compensation plan. City contributions are tax deferred, and count towards the 457 annual maximum deferral as designated by the IRS. Employees without an existing 457 account with a City sponsored provider must establish one in order to receive the City contribution, but no employee contribution to the account is required. 24.2 Helmets For as long as the Department continues to issue leather helmets, Battalion Chiefs will be issued a leather helmet at time of promotion. Helmets are to remain with each individual at retirement. 24.3 EMT Certification Emergency Medical Technician ("EMT") certification is a mandatory condition of employment for Battalion Chiefs. The Department will provide all necessary training and testing relating to the recertification process at no cost to employees. If an employee does not successfully complete the EMT re-certification process provided by the Department, the employee will have six (6) months to meet recertification requirements or be subject to termination for failure to meet position standards. The expenses, in such cases, will be the responsibility of the employee. The six (6) month grace period, if requested, may be extended due to course availability but, employees must enroll and participate in the first available course. 24.4 Staffing The parties agree that the desired minimum staffing is two (2) Battalion Chiefs per shift, and one(1) Training Chief. Staffing levels are ultimately at the discretion of each city, and based on community need, economic conditions, and City funding. At the discretion of the Fire Chief, staffing may be increased above the daily minimum of two for potential emergency needs or special events. 4894-5387-2224 Q 32