The URL can be used to link to this page

Home My WebLink About00-013 - Resolutions RESOLUTION NO. FD 00-013 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AMENDING THE EXISTING COMPENSATION PLAN FOR DISTRICT EMPLOYEES AND APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP FOR WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS 2000/2001, 2001/2002 AND 2002/2003. A. RECITALS (i) Representatives of the Rancho Cucamonga Fire Protection District ("District' hereinafter) and the Fire Management Employees Bargaining Group("Fire MEG'hereinafter)have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act(California Government Code§3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. (11) Representatives of the District and the Fire MEG have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire Management Employee Bargaining Group, effective July 1,2000,specifying the results of said meet and confer process. (iii) It is necessary from time to time to review and adjust the salary and wages specified for District personnel. (iv) District desires to amend the existing compensation plan for District personnel. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE,the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga, California,does hereby find, determine and resolve as follows: Resolution No. FD 00-013 Page 2 of 38 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The salary ranges for the classifications, as set forth in Exhibit "A", effective July 1, 2000; Exhibit "B", effective July 1, 2001; Exhibit "C", effective July 1, 2002, attached and incorporated herein by this reference, hereby are approved. 3. The Fire MEG agrees to contribute out of their cost of living adjustment contributions to their salary and benefits. Therefore, the District agrees to provide the following: a. The Fire District agrees to increase the uniform allowance from $42500 to $500'00 a year, effective July 1, 2000. b. The Fire District agrees to increase its contributions to the vision insurance, up to $2225 a month, effective July1, 2000. c. The Fire District agrees to amend its CalPERS contract to provide the following: a) Fourth Level of 1959 Survivors Benefit, and b)"3% @ 50" Retirement Formula for safety members. 4. The certain Memorandum of Understanding entered into byand between District representatives and the Fire MEG representatives forfiscal years 2000/2001, 2001/2002 and 2002/2003, effective July 1, 2000, hereby is approved and ratified by the Board of Directors. A copy of the MOU is attached hereto as Exhibit"D". 5. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 16`" day of August 2000. AYES: Alexander, Biane, Curatalo, Dutton, Williams NOES: None ABSENT: None ABSTAINED: None LGA �— William J. lexander, dent Resolution No. FD 00-013 Page 3 of 38 ATTEST: De ra J. Adams, EWetary I, DEBRA I ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved,and adopted bythe Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 16th day of August 2000. Executed this 17`h day of August 2000, at Rancho Cucamonga, California. Debra J. Adams, S cr tary Resolution No. FD 00-013 SALARY SCHEDULE AS OF JULY 1 , 200b9e4of38 Adopted at the August 16th, 2000 Fire Board meeting for Fire Management personnel A B C D E SAFETY FIRE CHIEF 50.03 52.53 55.16 57.92 60.81 Hourly 4,002.44 4,202.57 4,412.69 4,633.33 4,864.99 Bi-Weekly 8,671.96 9,105.56 9,560.84 10,038.88 10,540.82 Monthly FIRE DEPUTY CHIEF 43.52 45.70 47.99 50.38 52.90 Hourly 3,481.91 3,656.00 3,838.81 4,030.75 4,232.28 Bi-Weekly 7,544.13 7,921.34 8,317.41 8,733.28 9,169.94 Monthly FIRE BATTALION CHIEF 25.91 27.20 28.56 29.99 31.49 Hourly (56 Hour Workweek) 2,901.58 3,046.66 3,199.00 3,358.95 3,526.90 Bi-Weekly 6,286.76 6,601.10 6,931.16 7,277.72 7,641.61 Monthly FIRE BATTALION CHIEF 36.27 38.08 39.99 41.99 44.09 Hourly (40 Hour Workweek) 2,901.58 3,046.66 3,199.00 3,358.95 3,526.90 Bi-Weekly 6,286.76 6,601.10 6,931.16 7,277.72 7,641.61 Monthly FIRE BATTALION CHIEF 36.27 38.08 39.99 41.99 44.09 Hourly FIRE MARSHAL. 2,901.58 3,046.66 3,199.00 3,358.95 3,526.90 Bi-Weekly (40 Hour Workweek) 6,286.76 6,601.10 6,931.16 7,277.72 7,641.61 Monthly NON - SAFETY ADMINISTRATIVE RESOURCES 28.49 29.91 31.41 32.98 34.63 Hourly MANAGER 2,279.18 2,393.14 2,512.79 2,638.43 2,770.36 Bi-Weekly 4,938.22 5,185.13 5,444.39 5,716.61 6,002.44 Monthly ADMINISTRATIVE SERVICES 27.13 28.49 29.92 31.41 32.98 Hourly OFFICER 2,170.80 2,279.34 2,393.30 2,512.97 2,638.62 Bi-Weekly 4,703.39 4,938.56 5,185.49 5,444.76 5,717.00 Monthly MANAGEMENT ANALYST 11 24.43 25.65 26.93 28.28 29.69 Hourly 1,954.35 2,052.07 2,154.67 2,262.41 2,375.52 Bi-Weekiy 4,234.43 4,446.15 4,668.46 4,901.88 5,146.97 Monthly MAINTENANCE OFFICER 26.08 27.38 28.75 30.19 31.70 Hourly 2,086.37 2,190.69 2,300.22 2,415.23 2,535.99 Bi-Weekly 4,520.47 4,746.49 4,983.81 5,233.00 5,494.65 Monthly EXHIBIT "A" Resolution No. FD 00-013 Page 5 of 38 SALARY SCHEDULE AS OF JULY 19 2001 Adopted at the August 16th, 2000 Fire Board meeting for Fire Management personnel A B C D E SAFETY FIRE CHIEF 52.62 55.25 58.01 60.91 63.96 Hourly 4,209.37 4,419.84 4,640.83 4,872.88 5,116.52 Bi-Weekly 9,120.30 9,576.32 10,055.14 10,557.90 11,085.80 Monthly FIRE DEPUTY CHIEF 45.77 48.06 50.47 52.99 55.64 Hourly 3,661.92 3,845.02 4,037.27 4,239.13 4,451.09 Bi-Weekly 7,934.16 8,330.87 8,747.41 9,184.78 9,644.02 Monthly FIRE BATTALION CHIEF 28.36 29.77 31.26 32.82 34.47 Hourly (56 Hour Workweek) 3,175.78 3,334.57 3,501.30 3,676.37 3,860.18 Bi-Weekly 6,880.86 7,224.90 7,586.15 7,965.46 8,363.73 Monthly FIRE BATTALION CHIEF 39.70 41.68 43.77 45.95 48.25 Hourly (40 Hour Workweek) 3,175.78 3,334.57 3,501.30 3,676.37 3,860.18 Bi-Weekly 6,880.86 7,224.90 7,586.15 7,965.46 8,363.73 Monthly FIRE BATTALION CHIEF 39.70 41.68 43.77 45.95 48.25 Hourly FIRE MARSHAL 3,175.78 3,334.57 3,501.30 3,676.37 3,860.18 Bi-Weekly (40 Hour Workweek) 6,880.86 7,224.90 7,586.15 7,965.46 8,363.73 Monthly NON - SAFETY ADMINISTRATIVE RESOURCES 29.91 31.41 32.98 34.63 36.36 Hourly MANAGER 2,393.14 2,512.79 2,638.43 2,770.36 2,908.87 Bi-Weekly 5,185.13 5,444.39 5,716.61 6,002.44 6,302.56 Monthly ADMINISTRATIVE SERVICES 28.49 29.92 31.41 32.98 34.63 Hourly OFFICER 2,279.34 2,393.30 2,512.97 2,638.62 2,770.55 Bi-Weekly 4,938.56 5,185.49 5,444.76 5,717.00 6,002.85 Monthly MANAGEMENT ANALYST II 25.65 26.93 28.28 29.69 31.18 Hourly 2,052.07 2,154.67 2,262.41 2,375.52 2,494.30 Bi-Weekly 4,446.15 4,668.46 4,901.88 5,146.97 5,404.32 Monthly MAINTENANCE OFFICER 28.69 30.12 31.63 33.21 34.87 Hourly 2,295.01 2,409.76 2,530.25 2,656.76 2,789.60 Bi-Weekly 4,972.52 5,221.15 5,482.21 5,756.32 6,044.14 Monthly EXHIBIT "B" Resolution No. FD 00-013 Page 6 of 38 SALARY SCHEDULE AS OF JULY 19 2002 Adopted at the August 16th, 2000 Fire Board meeting for Fire Management personnel A B C D E SAFETY FIRE CHIEF 54.98 57.73 60.62 63.65 66.83 Hourly 4,398.79 4,618.73 4,849.67 5,092.15 5,346.76 Bi-Weekly 9,530.71 10,007.25 10,507.61 11,032.99 11,584.64 Monthly FIRE DEPUTY CHIEF 47.83 50.23 52.74 55.37 58.14 Hourly 3,826.71 4,018.04 4,218.94 4,429.89 4,651.39 Bi-Weekly 8,291.20 8,705.76 9,141.05 9,598.10 10,078.00 Monthly FIRE BATTALION CHIEF 30.67 32.20 33.81 35.50 37.27 Hourly (56 Hour Workweek) 3,434.61 3,606.34 3,786.65 3,975.99 4,174.79 Bi-Weekly 7,441.65 7,813.73 8,204.42 8,614.64 9,045.37 Monthly FIRE BATTALION CHIEF 42.93 45.08 47.33 49.70 52.18 Hourly (40 Hour Workweek) 3,434.61 3,606.34 3,786.65 3,975.99 4,174.79 Bi-Weekly 7,441.65 7,813.73 8,204.42 8,614.64 9,045.37 Monthly FIRE BATTALION CHIEF 42.93 45.08 47.33 49.70 52.18 Hourly FIRE MARSHAL 3,434.61 3,606.34 3,786.65 3,975.99 4,174.79 Bi-Weekly (40 Hour Workweek) 7,441.65 7,813.73 8,204.42 8,614.64 9,045.37 Monthly NON - SAFETY ADMINISTRATIVE RESOURCES 31.41 32.98 34.63 36.36 38.18 Hourly MANAGER 2,512.79 2,638.43 2,770.36 2,908.87 3,054.32 Bi-Weekly 5,444.39 5,716.61 6,002.44 6,302.56 6,617.69 Monthly ADMINISTRATIVE SERVICES 29.92 31.41 32.98 34.63 36.36 Hourly OFFICER 2,393.30 2,512.97 2,638.62 2,770.55 2,909.07 Bi-Weekly 5,185.49 5,444.76 5,717.00 6,002.85 6,302.99 Monthly MANAGEMENT ANALYST 11 26.93 28.28 29.69 31.18 32.74 Hourly 2,154.67 2,262.41 2,375.52 2,494.30 2,619.02 Bi-Weekly 4,668.46 4,901.88 5,146.97 5,404.32 5,674.54 Monthly MAINTENANCE OFFICER 30.12 31.63 33.21 34.87 36.61 Hourly 2,409.76 2,530.25 2,656.76 2,789.60 2,929.09 Bi-Weekly 5,221.15 5,482.21 5,756.32 6,044.14 6,346.35 Monthly EXHIBIT "C" Resolution No. FD 00-013 Page 7 of 38 E7EO[BIT D MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2000 - 2003 Resolution No. FD 00-013 Page 8 of 38 Table of Contents PREAMBLE.........................................................................................................1 ARTICLE I RECOGNITION............................................................................1 ARTICLE H COMPENSATION ......................................................................1 § I- Salary Ranees....................................................................................1 § 2. Salary Plan........................................................................................2 A. Salary Ranges............................................................................2 1. Salary on Appointment.........................................................2 2. Merit Salary Adjustments .....................................................2 3. Salary on Promotion.............................................................3 4. Salary on Demotion..............................................................4 5. Salary on Transfer................................................................4 6. Salary on Position Reclassification........................................4 7. Salary on Re-employment.....................................................4 8. Salary on Rehire...................................................................5 9. Acting Pay............................................................................5 10. Salary on Change in Range Assignment ...............................5 B. Standby Pay...............................................................................5 C. Deferred Compensation .............................................................5 § 3. Work Periods and Overtime.............................................................5 AWork Periods ............................................................................5 B. Work Shifts ...............................................................................6 C. Flex Time ..................... ..........................................................6 D. 4/10 Schedule............ .............................................................6 E. Overtime Pay.............................................................................6 F. Call Back...................................................................................7 § 4. Uniform Allowance...........................................................................7 § 5. Emplov m Group Insurance..............................................................7 A Health Insurance........................................................................7 B. Dental Insurance........................................................................8 C. Vision insurance........................................................................8 D. Life Insurance............................................................................8 § 6. Tuition Reimbursement....................................................................9 College Tuition Program for the Management Unit..........................9 CaC0rnn3wnuMX I Resolution No. FDOO'Ol3 Page 9of38 § 7^ Retirement Pla ...'......-....................^........^........'.. .......,....l0 A. Benefits......................................................................................l0 § 8. Work Related Ininries`~^^-~----~---~^^--...—...—]O ARTICLEM LEAVES ................................................................................. —]} § 1, —^^^—^^'—^—`^^^^^^^^—^^^^^~~--^^--.—,.—..l} |S2. Vacation Leave ^`^^'—^^—`^^—``~'--'—`^--~^'--`—'}2 § 3. Sick Leave—..^—.--.^--'`..,.-----',.---.—.—,.'l4 � § 4. Conversion ....................................... .....................................l8 ^S5. Personal Leav ....................................................... ..........................l6 § 6. Bereavement Leave`^^^-`^^^^^~^^^^^^^``^------,.—,.—.17 §7. ~^`~^^^^^^^^^—~^^^^---..—.,—..—,l7 § @L Administrative Leave..'-,,,,,^^^^~,,,,,,^___,__^_.__}8 §9. htikiLtaaLeave...,.—..^'--.'..-----,..--,--.—,..l8 § 10L Jury Duty ...^...........^.^^---^..---..--..,.--,l9 § 11' --^~`^---.--.--.—.l9 § 12. Leaves of Absence Without Pay^^^^''`'--^^^--..—..—,-2O ARTICLE IV GRIEVANCE PROCEDURE .....................................................22 § 1^ Purpos ^~^^~^^`^^—^^^—'—'~^`~`'---`^---.—.--...22 § 2. Oboectives,.....—..—,....—_--_---_,^~_,,_,,_,,.22 §3. General Provisions.^....^^.................................,^............`.^...'22 §4L Informal Grievance Procedure.........................................................23 � Resolution No. FD 00-013 Page 10 of 38 § 5. Formal Grievance Procedure ...........................................................23 A. Step I ........................................................................................23 B. Step II .......................................................................................23 C. Step III......................................................................................24 D. Step IV......................................................................................24 ARTICLEV SAFETY........................................................................................25 § 1. Compliance .......................................................................................25 § 2. No Discrimination.............................................................................25 § 3. Safety Equipment .............................................................................26 § 4. Employee Responsibility...................................................................26 § 5. Smoking Policy..................................................................................26 ARTICLE VI MANAGEMENT RIGHTS.........................................................26 § 1. Scope of Rights.......................................... § 2. Emergency Conditions......................................................................27 ARTICLE VII MAINTENANCE OF BENEFITS.............................................27 ARTICLE VIII APPROVAL BY THE BOARD OF DIRECTORS .................27 ARTICLE IX PROVISIONS OF LAW..............................................................28 ARTICLEX TERM............................................................................................28 MC-AGMIS*102MX iii Resolution No. FD 00-013 Page 11 of 38 PREAMBLE This Memorandum of Understanding("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group ("FiretlfG" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNTMON A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges FireMEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of District (excluding the Fire Chief), who are employed on a fill-time basis. The classes represented include Fire Deputy Chief; Fire Battalion Chief7Fire Marshal, Fire Battalion Chief, Administrative Services Officer, Administrative Resource Manager, and Maintenance Officer. B. Fire MEG agrees that due to lack of community interest in bargaining, the Fire MEG will no longer represent the classifications of Administrative Resources Manager, Administrative Services Officer and Maintenance Officer effective upon the expiration of this contract on June 30, 2003. Should the above classifications choose to join the Fire Support Services bargaining group and the Fire Support Services group approves, the District will not oppose the merger. Also, the District will not oppose the inclusion of the Plans Examiner/Fire into the Fire MEG after the expiration of this contract. C. Fire MEG does not represent the classification of Fire Chief. However, all rights and benefits contained in this Memorandum of Understanding shall be extended to the Fire Chief to preclude the necessity for a separate agreement between the Fire Chief and the Fire District. ARTICLE 13 COMPENSATION § I. Salary Ranees A. The FireMEG agrees to contribute out of their cost of living adjustment, contributions to their salary and benefits. I C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 12 of 38 Salary ranges for all classifications represented by Fire&EG shall be adjusted, to reflect an increase in base salary, effective as follows: Safety Non-Safety Effective July 1, 2000 4.45% 5.00% Effective July 1, 2001 4.45% 5.00% Effective July 1, 2002 4.45% 5.00% B. Survey Cities: Fire&EG and District agree that the survey cities shall be Fullerton, West Covina, Corona, Ontario, Orange, Riverside, San Bernardino City and Upland. May 1st of each year, a survey of the identified labor market cities will be completed, reviewed by Fire&EG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment if adjustments are needed and not conditioned by a provision of an agreement between Fire&EG and District. C. Fire MEG agrees, for purposes of salary and benefit surveys, that the Fire Marshal be benchmarked to the position of Fire Battalion Chief. Therefore, the Fire Marshal shall be paid the same salary rate as Battalion Chief or provided the same salary adjustment that may be given to Battalion Chief as a result of such surveys. § 2. Salary Plan A. Salary Ranges The base salary ranges for all classes in the bargaining unit shall consist of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. Placement within the range shall be in accordance with the following: 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary range to which their class is allocated. If unusual recruitment difficulties are encountered or a candidate is exceptionally well qualified, appointment at a higher step in the salary range may be authorized by the Fire Chief. 2. Merit Salary Adjustments Advancement within a salary range shall not be automatic, but shall be based upon job performance and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. Employees shall be considered for merit salary increases in accordance with the following: a. Employees who are placed at Step A upon original employment, reinstatement, or promotion are eligible for a merit salary review after six (6) 2 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 13 of 38 months of service. Subsequent merit salary review dates shall fall upon the completion of twelve (12)month service intervals. b. Employees who are placed at Step B or above upon original employment, reinstatement, or promotion shall be eligible for a merit salary review after twelve(12) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. C. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days the employee was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six(6) months dating from the employee's review date. If the period of postponement exceeds three(3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, if the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional salary the employee would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one(1) additional step increase not to exceed one (1) step in any (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days of a scheduled merit salary review date, the employee shall receive the merit increase (if otherwise 3 C\RC\AGMTS\FIREMEG\3.19.0 Resolution No. FD 00-013 Page 14 of 38 entitled to it) and the promotional increase concurrently. The employee shall be given a new merit salary review date for purposes of future salary step advancement. The new date shall be based upon the effective date of the promotion. 4. Salary on Demotion An employee who is demoted to a position in a class with a lower salary range shall receive a new merit salary review date based upon the effective date of the demotion and receive a salary in accordance with the following: a. Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. b. Non-disciplinary demotion -that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receive the same step in the salary range previously received and the merit salary review date shall not change. 6. Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, salary shall be determined as follows: a. If the position is reclassified to a class with a higher salary range than the former class, salary and merit salary review date shall be set in the same manner as if he or she had been promoted. b. If the salary of the employee is the same or less than the maximum of the salary range of the new class and the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. C. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class at which he or she was receiving upon layoff. a C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 15 of 38 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth(16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four(24) hour shifts. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. B. Standby Pay Standby pay to Maintenance Officer shall be at the rate of$195 per month. C. Deferred Compensation Deferred Compensation: Administrative Services Officer shall receive two percent (2%) of monthly base salary as a deferred compensation contribution paid by District. Fire Deputy Chief, Fire Battalion Chief/Fire Marshal, and Administrative Resource Manager shall receive four percent (4%), and the Fire Chief shall receive six percent (6%) of monthly base salary as a deferred compensation contribution paid by District. § 3. Work Periods and Overtime A. Work Periods The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred twelve (112) hours in the period. The work period for forty (40) hour personnel is seven (7) days. Overtime is paid for time worked in excess of forty (40) hours in the period. 5 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 16 of 38 B. Work Shifts 1. All twenty-four(24) hour work shifts begin at 0800 and end at 0800 the following day. 2. Ten(10) hour work shifts begin at 0700 and end at 1800. C. Flea Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the District or the desires of the concerned employee(s). (See item 3.) 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half(1.5) for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3 . Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the District as determined by the District will take precedence over employee preferences. 4. The District will not effect schedule changes but for good and sufficient cause. 5. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into their normally assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. E. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half(1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chief s will be paid overtime at the fifty-six (56)hour rate for any overtime worked, at time and one-half(1.5) rate of pay. 6 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 17 of 38 3 . For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 4. For the purpose of this section, work time shall not include traveling to or from the normal work site. 5. All non-exempt full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen(15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one(1)hour will be paid in one-half hour increments. (Fifteen (15) minutes work shall constitute one-half hour.) Time spent in traveling to and from the work site shall be compensated in accordance with FLSA. 6. Employees required (held over) to work more than fifteen (15) minutes overtime shall be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. F. Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his or her regular work shift before the normal starting time. § 4. Uniform Allowance A. The District will provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Suppression members must buy their own class A uniforms at the completion of probation. B. The District will provide for the purchase of uniform articles as specified in the Districts rules and regulations, to a maximum of$500.00 per employee per year. § 5. EmMovee Group Insurance District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. C\RC\AGMTS\rIREMEG\3.14.0 Resolution No. FD 00-013 Page 18 of 38 2. District will provide fully paid employee and family health insurance for all full time continuous and retired employees who were hived before November 17, 1994. 3. District will provide fully paid employee and family health insurance for all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan offered by the Public Employees Medical and Hospital Care Program. 4. All full-time continuous employees hired after November 17, 1994, who want to maintain medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5. Upon the written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of$200.00 for single employees or $300.00 for employees for dependents, may be provided to the employee. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time. B. Dental Insurance District shall provide fully paid employee and family dental insurance plan for all full-time continuous employees. C . Vision Insurance The District shall continue to provide vision care coverage for an full time continuous employees with a maximum payment of not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of $2.00 a month for vision insurance. The above amount of$22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of$22.25. In the event that vision insurance premiums exceed $22.25 during the term of the contract, the District shall provide advanced notice to the representatives, if possible, at least thirty(30) days. D. Life Insurance District shall provide a fully paid $50,000 life insurance policy for all Fire&EG members. 8 C\RC\AGMTS\PIREMEG\3.14.0 Resolution No. FD 00-013 Page 19 of 38 § 6. Tuition Reimbursement College Tuition Program for FireAMG. A- The District agrees to reimburse FireA&G employees to recover all associated costs of accelerated degree programs to the same degree that traditional degree costs are recovered, recognizing that the"per quarter" costs of an accelerated degree program are higher due to the compression of educational objectives. A cap of$3,000 per semester year will be applied initially and adjusted as necessary to reflect actual costs compared to the California State University system. The intent is to provide reimbursement for all associated costs of a degree program, regardless of how long or how short the period over which the degree program is administered. It is also the intent to use the California State University system as the cost comparison basis for any limiting of the tuition amount. For comparison purposes, it is agreed that the California State University at Cal Poly Pomona, Fullerton and San Bernardino will be the "survey" Universities. 1. Associated costs; a. Tuition based on units. b. Books. c. Parking. d. Nfiscellaneous/labs, tapes, etc. 2. Approval for reimbursement must be obtained by the Fire Chief or designee prior to taking the course. Approval is for applicability of the course to an appropriate degree program for the employee's fire service career. B. Employee shall achieve a"C" or better grade to be eligible for reimbursement. Employee shall submit all receipts for the class upon completion, unless other arrangements are made. C. For reimbursement of costs at an accredited college other than a Cal State Program; 1. The District will pay an average per unit cost for each accredited unit, employee to pay the remainder of the cost. 2. Reimbursement of costs may be initiated prior to completion of the class if a deferred payment contract with the college is achieved. 3. Employee must successfully complete the course or shall reimburse all associated costs back to the District. 4. The Fire Chief may choose to establish an individualized payment schedule for each employee, based upon a college accredited program. However, all 9 C\RC\AGMTS\rIREMEG\3.14.0 Resolution No. FD 00-013 Page 20 of 38 costs will be tied to the average of a Cal State program at the"survey Universities". § 7. Retirement Plan A. Benefits 1. District contracts with the State of California Public Employee's Retirement System to provide retirement benefits to eligible employees. All costs of benefits provided to employees under the Districts CAPERS contract are paid by the District. Present benefits provided through Ca1PERS include the following: §21574 1959 Survivor Benefits, Fourth level §21362.2 3% at 50 Full Formula §21251.132 2%@ 55 Local Misc. Members(effective 7/1/97) §20862.8 Credit for Unused Sick Leave §20615 Payment of Normal Member Contributions §20024.2 One Year highest Compensation The following benefit is available to safety personnel at employee cost: §20930.3 Military Service as Public Service 2. In consideration of the"3% at 50" retirement benefit, safety members of the Fre Management employee group agree the District shall reduce the negotiated cost of living adjustment (COLA)by 0.56% each fiscal year through and including June 30, 2008. In the event there is ,^o COLA in a fiscal year, each employee in the bargaining unit shall have 0.56% deducted from his/her salary for that fiscal year. § 8. Work Related Injuries Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work related injury. (See: California Labor Code § 4850 for provisions.) Although § 4850 covers only safety personnel, District is extending this same benefit to all employees. Temporary disability payments received during any injury period shall be returned to District. Notwithstanding the foregoing, non-safety members shall not be entitled to the presumptions pertaining to injuries set forth in said Labor Code provisions, it being the express intent of the parties that the § 4850 benefit provided hereunder applies only to the provision of fiifl salary and benefits for up to one (1) year. io C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 21 of 38 ARTICLE HI LEAVES § 1. Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel January 1 ---New Years Day January ------------ Martin Luther King's Birthday (3rd Monday) February ---- President's Day (3rd Monday) May -----------Memorial Day(last Monday) July 4 --- Independence Day September -----Labor Day(1st Monday) November 11 —Veterans Day November --- Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 ------ The day preceding Christmas December 25 — Christmas Three (3) additional discretionary (floating) days may be taken by an employee at their convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. I of each calendar year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel January 1 --New Years Day January 18 ---- Martin Luther King's Birthday February 12 -- Lincoln's Birthday February 22 Washington's Birthday May ---- Memorial Day(last Monday) July 4 ----------- Independence Day September- -Labor Day(1 st Monday) September 9 -- Admissions Day October 12 -- Columbus Day November 11 ----- Veterans Day November --------- Thanksgiving (4th Thursday) November -------- The day following Thanksgiving December 24 -- The day preceding Christmas December 25 — Christmas ii C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 22 of 38 B. Employees shall accrue holiday time as follows: Tvoe of Personnel Per Holiday Annually Maximum Accrual Shift Personnel 12 hours 168 hrs. 216 hours 40 Hour Personnel 10 hours 140 hrs. 180 hours C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. E. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. F. District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made(in writing)by November 30th specifying holiday balance and exercising the option to sell back. G. Holidays may be used as scheduled time off with the approval of the supervisor. H. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. 1. Forty (40)hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour employee who is eligible to receive overtime compensation is recalled to work on a holiday, that holiday will be banked at time and a half(1.5)for the number of hours actually worked that day. § 2. Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 12 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 23 of 38 40 hour personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 120 hrs/5 shifts 288.0 4.615 4-7 years 180 hrs/7.5 shifts 408.0 6.923 8-10 years 240 hrs/10 shifts 528.0 9.231 11-14 years 264 hrs/11 shifts 528.0 10.154 15-19 years 288 hrs/12 shifts 528.0 11.077 20-24 years 312 hrs/13 shifts 528.0 12.002 25+ years 336 hrs/14 shifts 528.0 12.923 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if a 40 hour employee. C. The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. D. Any fiill-time employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996 are allowed to include prior years of all fire service employment. 13 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 24 of 38 § 3. Sick Leave Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. A. Full-time Employees 1. All employees shall be accrue sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 hr Personnel 10 hours 120 hours No limit Shift 12 hours 144 hours No limit Personnel (1/2 shift) (6 shifts) 2. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. C. Any treatment or examination including, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel, of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: 1. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition to vacation. 14 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 25 of 38 D. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see § 5). E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctoes statement. H. Employees with ten(10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shift employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees)unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half(1/2) of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. 2. Employees who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth(1/4) of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3 . Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. I. Upon the retirement of an employee, the employee will have the option of selling back to the District up to one-half of the total accumulated unused sick leave at his or her then current hourly rate, or the employee may apply unused accumulated sick leave toward service credit for retirement, in accordance with the Public Employees' Retirement Law, California Government Code § 20862.8. Sick leave bought back by the District may not be applied to service credit, but the sick leave remaining after the buy back may be credited as service time in accordance with the above-noted law. 15 C\RC\AGTTT5\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 26 of 38 § 4. Conversion Factor The factor used to convert the accruals for forty (40) hour per week employees to fifty-six (56) hour per week employees will be: Vacation, holiday, and sick leave: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 30 days-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11 - 19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+years 204.58 312 1.57 Hofidav 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. § 5. Personal Leave A. The employee shall be granted one (l) day paid personal leave, in addition to the normal leave accrual, to attend the funeral of a relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor with adequate advance notice so that a relief may be obtained. 16 C\RC\AQ4T5\FI REMEG\3.14.0 Resolution No. FD 00-013 Page 27 of 38 2. The employee must return to work within a reasonable time after the appearance. C. Personal leave will be charged against any leave account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee's option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and requires prior approval by their supervisor. § 6. Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave, in addition to the normal leave accrual. A maximum of five (5) days paid bereavement leave, in addition to the normal leave accrual, shall be granted if there is a death in the immediate family outside the state boundaries. B. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave, in addition to the normal leave accrual. A maximum of three (3) shifts paid bereavement leave, in addition to the normal leave accrual, shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. C. Immediate family is defined as: Spouse, children, stepchildren, parents, stepfather, stepmother, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. § 7. Compensatory Time A. FLSA-exempt employees may earn compensatory time, on a basis of I hour worked equals I hour of compensatory time, as follows. I. For required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of 1,7 C\RC\AGMT5\PIREMEG\3.14.0 Resolution No. FD 00-013 Page 28 of 38 the annual budget preparation process and annual audit. 2. For special and/or unusual work situation not provided for in the preceding paragraphs. B. Compensatory time will not be granted for attendance at any regularly scheduled meetings of the Board of Directors, or any District Committee nor will compensatory time be granted for additional working time beyond the normal working day necessary for efficient and effective department operations, or to maintain good public relations. Any such time shall be considered a part of the normal duties of the position. C. The earning and accrual of compensatory time requires the prior approval of the employee's supervisor. § 8. Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave annually as follows: Administrative Resource Manager 75 hours Administrative Services Officer 40 hours Battalion Chief/Fire Marshal 75 hours Deputy Fire Chief 75 hours Fire Chief 100 hours Unused administrative leave, to a maximum of forty (40) hours at the end of the calendar year may be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried over beyond the year in which it was earned. § 9. Military Leave A Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one(1) year of service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other 18 C\RC\AGMTS\rIREMEG\3.14.0 Resolution No. FD 00-013 Page 29 of 38 than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second tern. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the Hiles in effect at the start of military leave. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature when the returning employee resumes the position he or she previously held. § 10. Jury Duty Any member of the District who is called or required to serve as a trial juror may be absent from duty with the District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: A. Notifies his or her supervisor in advance, with adequate time remaining so that a relief may be obtained. B. Returned to work within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. C. Pay received for service while absent from the District must be surrendered to the District; however, pay received while off duty may be kept by the employee. D. All personnel called for jury duty must abide by all of the above Hiles and must return to work if dismissed before the end of their regular work shift. § 11. Civil Subpoena/Criminal Subpoena A. Civil Subpoena 1. When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: 19 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 30 of 38 a. Personnel will be paid at their regular hourly rate while they are in court. b. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by the District at the prevailing mileage rate. C. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. B. Criminal Subpoena 1. Pursuant to California Penal Code § 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in court. 2. District transportation will be provided when available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3 . If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. § 12. Leaves of Absence without Pay A. Upon the written request of the employee, a leave of absence may be granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one (1) year by the Board of Directors. B. Failure of the employee to return to his or her employment upon the termination of an authorized leave of absence shall constitute a separation from service by that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on 20 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 31 of 38 such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. 21 C\RC\AGMTS\FIREMEG\3.17.0 Resolution No. FD 00-013 Page 32 of 38 ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of employment. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, rules, regulations, or this document. § 2. Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provide for a two-way system of communication by making it possible for levels of supervision to address problems, complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. No individual member of the Board of Directors shall be approached at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of 22 C\RC\AGMTS\FIREMEG\3.19.0 Resolution No. FD 00-013 Page 33 of 38 good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. f D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three (3) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that cause for a grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision in writing to the employee within three (3) days after receipt of the grievance. The employee shall have the right to appeal the decision of the supervisor to the Fire Chief. B. Step II 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has three (3) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's 23 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 34 of 38 representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired by the grievant. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. C. Step III If the grievance is not resolved by the Fire Chief or designee to the satisfaction of the grievant, the grievant may, within three (3) days, then file a written appeal to the Board of Directors. An appeal to the Board must include a complete statement of facts supporting the grievance, a statement by the grievant or representative setting forth the reasons why the Fire Chief or designee did not satisfactorily resolve the grievance and a list of witnesses the grievant would call to testify. The grievant may request a formal hearing before the Board and, further, may request the hearings to be a closed personnel session. The Board shall schedule such hearings within ten (10) days after receipt of the request. The Board shall submit its decision, in writing, to the employee within ten(10) days of the date of the hearing. If no submittal is made, the grievance shall be deemed rejected and the decision of the Fire Chief or designee sustained. D. Step IV If the grievance is not settled in Step III, binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted within ten (10) days of receipt of the decision of the Board of Directors. 2. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. 3. The term "arbitrator," as used herein, shall refer to a single arbitrator. 4. A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the first choice of either selecting the arbitrator or eliminating one (1) candidate. The tum shall then revert to the other side, who then can exercise the. same option. This procedure continues until either an arbitrator is agreed upon or there is only one (1) candidate remaining. 5. The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. The arbitrator shall have the initial authority to determine whether or 24 C\RC\AGTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 35 of 38 not the dispute is arbitrable under the express terms of this Memorandum of Understanding. Once it is determined that the dispute is arbitrable, the arbitrator shall proceed in accordance with these provisions to determine the merits of the dispute submitted to arbitration. 6. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. 7. All expenses which may be involved in the arbitration proceedings shall be home by the parties equally; however, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. 8. Legal counsel may be obtained by either party if they so wish. Expenses for legal counsel shall be bome by the party obtaining such counsel. 9. The pay for the arbitrator will be based upon the fee charged by the California State Conciliation Service for such services. 10. Failure on the part of the Districts representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration home by the party failing to appear. 11. The decision of the arbitrator shall be binding upon District and the Appellant. ARTICLE V SAFETY § 1. Compliance District and employees shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2. No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of§ I of this Article V. 25 C\RC\AGTTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 36 of 38 § 3. Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their,immediate supervisors. Reports shall be submitted on forms provided by District. § 5. Smoking Poticy Employees have agreed to accept and abide by the District "Smoking Policy", as written and approved by the Chief in effect on July 1, 1996. ARTICLE VI MANAGEMENT RIGHTS § 1. Scope of Rights It is understood and agreed that District possesses the sole right and authority to operate and direct the employees of District in all aspects, except as modified in this Memorandum of Understanding. These rights include, but are not limited to: A. The tight to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District; C. To determine the methods, means, and number of personnel needed to carry out Districts mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; G. To layoff or relieve employees due to lack of work or funds or for 26 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 37 of 38 other legitimate reasons; H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief, L. To schedule and assign work; M. To establish work and productivity standards. § 2. Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist, including, but not limited to, riots, civil disorders, earthquakes, floods, or other similar catastrophes,the provisions of this MOU may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. ARTICLE VII MAINTENANCE OF BENEFIFFS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article shall not be interpreted as affecting any other rights or obligations the respective parties have under § 3500, et. seg., of the California Government Code. ARTICLE VIII APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perforin whatever acts are necessary both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its terms and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. 27 C\RC\AGMTS\FIREMEG\3.14.0 Resolution No. FD 00-013 Page 38 of 38 ARTICLE IX PROVISIONS OF LAW A. It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. The District and FireMEG recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to FireMEG shall not be changed for the duration of this MOU. ARTICLE X TERM The term of this MOU shall commence on July 1, 2000 and will continue for a period thereafter, ending on June 30, 2003. In the event either party hereto desires to negotiate a successor MOU, such parties shall serve upon the other, during the month of February, its written request to commence negotiations as well as any written proposal for such successor MOU. Upon receipt of such written proposals, negotiations shall begin no later than thirty (30) calendar days after such receipt. Dated �(J'Z-CSC-, Dated Fire&EG District Ralph ane 4M=nistrati 1. T pie S es Director AonM eld Approved by action of the Board of Directors the day of August, 2000. 28 C\RC\AGMPS\rI REMEG\3.14.0