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HomeMy WebLinkAboutFD 2023-017 - Resolution RESOLUTION NO. FD 2023-017 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2026 WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District ("District": hereinafter) and the Rancho Cucamonga Fire Management Employee Group "Fire MEG" have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.)with regard to terms and conditions of employment; and WHEREAS, Representatives of the District and Fire MEG have agreed upon and presented to this Board a Memorandum of Understanding pertaining to the Fire MEG effective, July 1, 2023, specifying the results of said meet and confer process; and WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred; and NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga that in all respects, as set forth in the recitals of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the Fire Management Employees Group for the period July 1, 2023, through June 30, 2026. Resolution No. FD 2023-017 - Page 1 of 2 PASSED, APPROVED AND ADOPTED this 21 It day of June, 2023. "benMs-`Michael, Oreside t ATTEST: 114144g—L f. &/X� #nice C. Reynolds, ClJr—k 1, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 21st day of June, 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 22 nd day of June, 2023, at Rancho Cucamonga, California. nice C. Reynolds, C�erk Resolution No. FD 2023-017 - Page 2 of 2 Rancho Cw#=ongA Fire Protection District CONTRACT NO. CO FD?-b23 _ o o ADOPTED BY: RESOLUTION NO. FD 2023-017 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES' BARGAINING GROUP 2023 - 2026 1 Fire MEG MOU 2023-2026 Contents PREAMBLE................................................................................................................................................5 ARTICLE U RECOGNITION......................................................................................................................5 ARTICLE1K COMPENSATION ................................................................................................................5 § 1' Salary Ranges..............................................................................................................................5 § 2' Salary Plan....................................................................................................................................8 A. Salary Ranges.................................................................................................................................8 1. Salary 0D appointment--------------------------------------8 2. Merit Salary Adjustments..............................................................................................................8 3. Salary UD Promotion.......................................................................................................................9 4. Salary OD Demotion......................................................................................................................18 5. Salary OD Transfer........................................................................................................................18 0. Salary OD Position Reclassification............................................................................................10 7. Salary UO Re-Employment..........................................................................................................l0 8. Salary OO Rehire...........................................................................................................................10 9. Acting Pay......................................................................................................................................11 10. Salary OO Change iO Range Assignment .................................................................................11 11. Training Officer Assignment Pay............................................. .................................................11 12. Bilingual Compensation ..............................................................................................................11 B. Deferred Compensation ..............................................................................................................11 C. Voluntary Employee Benefit Association K/EB4\....................................................................12 � 0- Work Periods and Overtime..................................................................................................1Z A. Work Periods.................................................................................................................................12 B. Work Shifts....................................................................................................................................l2 C. Flex Time........................................................................................................................................13 D. 4/ O Schedule................................................................................................................................ 3 E. Overtime Pay.................................................................................................................................l3 F. Call Back........................................................................................................................................14 04LUniform Allowance...................................................................................................................l4 § 5' Employee Group Insurance..................................................................................................14 2 Fire MEG MOU2023-2026 A. Health Insurance.........................................................................................................................15 B. Dental Insurance.........................................................................................................................15 C. Vision Insurance..........................................................................................................................15 D. Life Insurance...............................................................................................................................16 § 6. Education Incentive.................................................................................................................16 § 7. Retirement Plan.........................................................................................................................16 A. Benefits: Safety Members...........................................................................................................16 B. Benefits: Miscellaneous Members.............................................................................................18 § 8. Work Related Injuries..............................................................................................................20 § 9. Carpooling...................................................................................................................................21 § 10. IRS 125 Plan ...............................................................................................................................21 ARTICLEIII LEAVES..............................................................................................................................22 § 1. Holidays.......................................................................................................................................22 § 2. Holiday Facility Closure.........................................................................................................24 § 3. Vacation Leave..........................................................................................................................24 § 4. Sick Leave...................................................................................................................................25 § 5. Conversion Factor....................................................................................................................28 § 6. Personal Leave..........................................................................................................................29 § 7. Bereavement Leave .................................................................................................................29 A. 40-hour Personnel...........................................................................Error! Bookmark not defined. Shift Personnel................................................................................Error! Bookmark not defined. B. Immediate Family is Defined as:...................................................Error! Bookmark not defined. § 8. Compensatory Time ................................................................................................................30 § 9. Administrative Leave...............................................................................................................30 § 10. Military Leave.........................................................................................................................30 § 11. Jury Duty.................................................................................................................................31 § 12. Civil Subpoena/Criminal Subpoena...............................................................................32 A. Civil Subpoena..............................................................................................................................32 B. Criminal Subpoena.......................................................................................................................32 § 13. Leaves of Absence without Pay......................................................................................32 § 14. Natal and Adoption Pay......................................................................................................33 A. Natal and Adoption Leave with Pay...........................................................................................33 B. Natal and Adoption Leave without Pay.....................................................................................33 3 Fire MEG MOU 2023-2026 ARTICLE IV GRIEVANCE PROCEDURE...........................................................................................33 § 1. Purpose........................................................................................................................................33 § 2. Objectives ...................................................................................................................................33 § 3. General Provisions...................................................................................................................34 § 4. Informal Grievance Procedure.............................................................................................35 § 5. Formal Grievance Procedure ...............................................................................................35 A. Step I ..............................................................................................................................................35 B. Step II .............................................................................................................................................35 C. Step III ............................................................................................................................................36 ARTICLEV DISCIPLINE........................................................................................................................38 ARTICLEVI SAFETY..............................................................................................................................38 § 1. Compliance.................................................................................................................................38 § 2. No Discrimination.....................................................................................................................39 § 3. Safety Equipment.....................................................................................................................39 § 4. Employee Responsibility.......................................................................................................39 § 5. Smoking Policy .........................................................................................................................39 ARTICLE VII MANAGEMENT RIGHTS...............................................................................................39 § 1. Scope of Rights.........................................................................................................................39 § 2. Emergency Conditions...........................................................................................................40 ARTICLE Vill EMPLOYEE RIGHTS.....................................................................................................40 ARTICLE IX MAINTENANCE OF BENEFITS ....................................................................................40 ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS..........................................................41 ARTICLE XI PROVISIONS OF LAW....................................................................................................41 ARTICLEXII TERM.................................................................................................................................41 ARTICLE XI11 NEGOTIATIONOF SUCCESSOR MOU.....................................................................41 4 Fire MEG MOU 2023-2026 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District ("Districf' hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group ("Fire MEG' 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 RECOGNITION A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of District, who are employed on a full-time basis. The classes represented include Fire Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal. B. Fire MEG represents the classification of Fire Chief. However, Fire Chief is an at-will position, not subject to Article IV or V of this MOU or the District's Personnel Rules. At- will positions may be terminated at any time with or without cause or notice at the will of the City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any right due process or appeal right. Furthermore, the Fire Chief is precluded from acting as a Fire MEG representative or being a member of the Fire MEG Board. ARTICLE II COMPENSATION § 1. Salary Ranges A. Cost of Living Adjustment- All bargaining unit members shall receive a cost-of-living adjustment according to the following schedule: 3% cost of living adjustment effective the first full pay period in July 2023; 3% cost of living adjustment effective the first full pay period in July 2024; 3% cost of living adjustment effective the first full pay period in July 2025. B. Equity Adjustment — Bargaining unit members shall receive equity adjustments according to the following schedule: Fire Chief 1%equity adjustment effective the first full pay period in January 2024 1%equity adjustment effective the first full pay period in January 2026 Deputy Chief 4%equity adjustment effective the first full pay period in January 2024 4%equity adjustment effective the first full pay period in January 2025 4%equity adjustment effective the first full pay period in January 2026 Battalion Chief 3%equity adjustment effective the first full pay period in January 2024 3%equity adjustment effective the first full pay period in January 2025 5 Fire MEG MOU 2023-2026 2%equity adjustment effective the first full pay period in January 2026 If the Finance Department is unable to process the equity adjustments for the first full pay period in January due to end of the calendar year workload constraints, they will process the equity adjustments and provide them by the second full pay period in January. C. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A survey of the identified labor market cities will be completed, reviewed by the Fire MEG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. The survey will be completed and available for review by District and Union no later than December 1 of the year prior to MOU expiration unless mutually agreed otherwise by the parties. Survey data will be those compensation amounts known and in effect as of the December 1 survey date. In the event a survey agency has a MOU that extends beyond the end of the fiscal year during which the survey is performed, the survey elements known and scheduled to be in force as of the following July will also be surveyed and included in the total compensation survey by the December 1 date. D. Survey Elements: 1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion Chief step; 2. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"); employer contribution to PERS, net of any employee cost sharing; 3. Uniform Pay; 4. Employer Contribution to Deferred Compensation; 5. Maximum employer contribution to Voluntary Employee Benefit Association (VEBA). For the purposes of the survey, this benefit will be reflected as a fringe benefit under MSA; 6. Maximum employer contribution to medical, dental, vision and long-term disability plans for new employees; and 7. Any other incentive or premium that 50% or more of the individuals given in a classification at an agency are eligible to receive, if it is also provided by more than 50% of the survey agencies, exclusive to the District. 6 Fire MEG MOU 2023-2026 An individual is "eligible to receive" an incentive or premium if that individual can receive the item upon satisfaction of specified conditions (if any), without limits as to the number of individuals who can receive the incentive. For example, if a specialized training incentive is available to each individual who achieves the specific technical qualifications, the individual is "eligible to receive" that incentive even if he or she has not yet attained the technical certification that is required to actually receive it. Conversely, if a department offers a premium that requires training but only grants that premium to a limited number of individuals or only to individuals in a certain limited number of assignments, the number of individuals above the limit are not eligible to receive the premium. In those instances, the stipends may be reviewed and discussed on an individual basis. E. Survey Procedures and Users: Any survey element that is expressed as a percent of salary will be converted to a dollar amount using the top step base pay for the classification and agency involved. Multi-tiered survey elements involving medical benefits or other health and welfare benefits will be surveyed based on the compensation provided to new employees for that element. If applicable, other multi-tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so long as the thresholds in Item C.5 are met. For comparison purposes in determining a market average, the high and low (of those that receive any given benefit) will be dropped for each salary element, except base salary, where all survey agencies will be used. After dropping the high and low agency, the mean average for the applicable survey element will be calculated. The resulting average numbers for each survey element will be added together to determine a cumulative average total compensation. The results may be used for comparison purposes in negotiations involving future compensation adjustments. There is no obligation to implement and salary element or to make any compensation adjustment based on the survey results and the parties acknowledge that other factors, including revenue, staffing, PERS contributions and other post-employment benefit ("OPEB") costs play a significant factor in the ability of the District to implement any survey element. Survey Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each city): Chino Valley Fire District 7% City of West Covina Benefit X 3% or 5% City of Riverside Benefit X 5%; 10% or 15% City of Pasadena Benefit X 3% or 6% City of Ontario N/A City of Corona Benefit X 2% 7 Fire MEG MOU 2023-2026 2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies that offer the benefit. 3. Average remaining three cities [(W.0 5% + Pasadena 6% + CVFD 7%) / 3 = 6%]. 4. Thus, Benefit X for market comparison purposes is assumed to be 6%. § 2. Salary Plan A. Salary Ranges Effective the first full pay period in August 2019, "A" step salaries in the salary schedule, for all ranks, will be removed. The salary steps will be reorganized, where step B step becomes the new step A, step C becomes the new step B, etc., G step will drop off from the salary range for Fire Chief and Fire Deputy Chief positions and F step will drop off from the salary range for Fire Battalion and Fire Marshal. No changes to the employees pay rates will result from these changes. The base salary for Fire Chief, Deputy Fire Chief consists of ranges having six (6) steps, labeled A through F, with approximately five percent (5%) between each step. The base salary for Battalion Chief and Fire Marshall consists of ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between each step. The salary for Fire Marshal is set at 7.26% above the 40 hour a week Fire battalion Chief. 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 Adiustments 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) 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 six 8 Fire MEG MOU 2023-2026 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 he or she was on leave. d. If, in the supervisor's judgement, 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, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional he or she 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 given six (6) month period. h. In order to address a situation where in application of this section would result in the inequitable treatment of employee 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 the top step 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 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 promotion. 9 Fire MEG MOU 2023-2026 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 ad 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 will 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 which he or she was receiving upon layoff. 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. 10 Fire MEG NfOU 2023-2026 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 only doing the duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive workdays, 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. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive workdays or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 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 a class on the date the reassignment is effective shall be adjusted to the step her or she was receiving in the former range. 11.Training Officer Assignment Pay The Battalion Chief assigned to a 40-hour schedule as the Department Training Officer or a special assignment shall receive additional compensation (stipend) based on the step the employee is currently earning. The compensation (stipend) shall be in addition to the regular compensation paid to the employee. Effective the first full pay period in July 2023, the stipend shall be 11%. 12. Bilinqual Compensation Bargaining Unit members who qualify for bilingual pay shall be compensated at the rate of seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. B. Deferred Compensation The District contributes a percentage of monthly base salary into the 401 a plan. The District-paid contributions are as follows: Fire Chief 8% Deputy Fire Chief 6% Battalion Chief and Fire Marshal 4% 11 Fire MEG MOU 2023-2026 C. Voluntary Employee Benefit Association (VEBA) The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. Effective the first full pay period in August 2019, the Fire District will contribute 2% of base salary per pay-period. Example: A bi-weekly base pay of $2,000 equals a biweekly contribution of $40. § 3. Work Periods and Overtime A. Work Periods 1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists of a 24-day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TOES WED THURS FRI SAT On Off On Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is 14 days. Overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the period. B. Work Shifts 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60) minute meal period. 12 Fire MEG MOU 2023-2026 C. Flex Time 1. The work schedules of employees assigned to other than fire suppression is subject to change depending on needs of the service or 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 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 service as determined by the District will take precedence over employee preferences. 4. The District will not affect 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 childcare issues, may request alteration of their schedule by taking a '/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 Chiefs 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. 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 purposes of this section, work time shall not include traveling to and 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 (1/2) 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 13 Fire MEG MOU 2023-2026 one-half (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the worksite shall be compensated in accordance with FLSA. Employees required (held over) to work more than (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. 6. The Deputy Chief will be paid an amount equal to State and/or Federal reimbursements received by the District for the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty(40) hour work week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. 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 workday or when the employee begins his or her regular work shift before the normal starting time. § 4. Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her start date. The value of these initial uniforms provided shall be reported to CalPERS as compensation in accordance with applicable CalPERS requirements. Suppression members must buy their own class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of uniform articles as specified in the District's rules and regulations, to a maximum of $1,500 Annually per employee for the purchase of four (4) uniforms to start. The Uniform Allowance will be paid concurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. § 5. Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: 14 Fire MEG MOU 2023-2026 A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program (PEMHCA). 2. District will provide fully paid employee and family health insurance for all existing full-time and retired employees as of November 17, 1994. 3. District shall provide paid employee and family health insurance for all full-time employees hired after November 17, 1994, at a monthly amount equal to the average eligible "Public Employees Medical and Hospital Care Program" (PEMHCA) medical rates available to active Fire MEG unit members covering San Bernardino County. The monthly contribution amount averages will be calculated annually during the open enrollment period with changes going into effect when the new rates go into effect. 4. All new full-time employees hired after November 17, 1994, 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 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 with 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. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or statutory scheme that may result from an interpretation of the ACA an in order to avoid penalties or taxes under the ACA or other statutory scheme by the Internal Revenue Service or other federal agency (including, but not limited to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court of competent jurisdiction. These negotiations will not result in a reduction in the amount the District provides for employee health coverage. B. Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full-time continuous employees with a maximum payment not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment to fund their 15 Fire MEG MOU 2023-2026 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 The District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. § 6. Education Incentive The District shall provide to employees an educational incentive equal to the following: Bachelor of Arts/Bachelor of Science of Fire Officer Certification = $317/ month Master of Arts/Master of Science or Chief Officer Certification = $475/ month Eligibility for the above-mentioned education incentive requires proof of graduation and receipt of degree from a college or university that is accredited by a national recognized accrediting agency approved by the United States Secretary of Education and found on the United Stated Department of Education website. Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C or better or"pass" in a pass/fail class) of all required classes for the Certification Track currently authorized and approved by the California State Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied by a declaration under penalty of perjury that the subject employee personally performed all requirements for issuance of the degree. The Fire Chief's determination regarding eligibility for an education incentive shall be final. The Fire Chief's determination regarding eligibility for an education incentive shall be final. The above-mentioned education incentives shall be non-cumulative, meaning that an employee who meets the highest recognized education incentive, which would be the Master of Arts/Master of Science or Chief Officer Certification, shall receive only one incentive pay regardless of whether they have also met the lower recognized education incentive also. Neither shall an employee receive education incentive pay for both a degree and a certification. § 7. Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Tier 1 - Employees hired prior to July 9, 2011: 16 Fire MEG MOU 2023-2026 § 21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation Effective June 24, 2023, employees contribute 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. Fire Chief Position, hired prior to July 9, 2011: Effective June 24, 2023, Fire Chief contributes 9%of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011, and contributes 1% towards the Districts' CalPERS employer contribution. 2. Tier 2 - Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21363.3 3% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation Effective June 24, 2023, employees contribute a total of 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. Fire Chief Position, hired prior to July 1, 2011, and through December 31, 2012 as well as Classic PERS members who are hired on or after JanuarV1, 2013: Effective June 24, 2023, employees in the Fire Chief position pay 9% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011, and contribute 1% towards the Districts' CalPERS employer contribution. 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees' Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. 17 Fire MEG MOU 2023-2026 Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (i.e. full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are odne pursuant to Government Code Section 20516(f). There shall be no sunset date to any provisions in Article 11 Section 7 Retirement Plan. B. Benefits: Miscellaneous Members District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under District's Plan are paid by the District. Present benefits for miscellaneous employees include the following: 1. Tier 1 - Employees hired prior to July 9, 2011: § 21354.4 2.5% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20042 1 Year Final Compensation Effective June 24, 2023, employees contribute a total of 8% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. The District adopted a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. 18 Fire MEG MOU 2023-2026 Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c)(4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 2. Tier 2 - Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1, 2013: § 21354 2% at 55 Full Formula § 21574 4th Level 1959 Survivor § 20037 3 Year Final Compensation Effective June 24, 2023, employees contribute a total of 7% of the normal CalPERS member contribution, eliminating EPMC per resolution FD 2023-011. The District adopted a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis and to reflect changes in EPMC prior to the effective dates. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions (based on hire date) • Sec. 20636 (c)(4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pensions benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013, or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2% at 62 Formula, 3-year final compensation average. 19 Fire MEG MOU 2023-2026 The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 6.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. PARS The Supplemental Benefit through PARS Phase II Retirement System is provided to all miscellaneous employees hired by December 31, 2012. 5. The following benefit is available to safety personnel at employee cost: Sec. 20930.3 Military Service as Public Service C. Cost Sharing — Classic CalPERS members Classic CalPERS members contribute 1% of compensation earnable via payroll withholding as cost sharing of the employer contributions required by CalPERS effective the first full pay-period in July 2024. The cost sharing contributions shall be made pursuant to Government Code Section 20516(f). This in no way affects the employee share of 9% that Classic employees contribute towards the cost of their retirement, or the amount that PEPRA members contribute towards the employee/member share that is set by CalPERS. This does not increase the cost sharing of the employer contribution that the Fire Chief is already contributing. Parties Agree to a reopener during the third year of the MOU to discuss cost sharing should PEPRA rates increase during the term of the contract. § 8. Work Related Injuries Safety 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). 4850 covers only safety personnel. Temporary disability payments received during any injury period shall be returned to District. Any Miscellaneous (Non-Safety) employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California"for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the ?0 Fire MEG MOU 2023-2026 employee's full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. § 9. Carpooling Those employees participating in a carpool during going to and from their residence and work site shall not be in receipt of a reduced workday. Rather, those employees participating in a "carpool" shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a "rideshare application agreement". Eligibility for ride-share related benefits is conditioned upon: 1. Each affected regular and full-time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular and full-time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full- time employee participating 60% of the total workdays during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m. of the employee's scheduled work shift. Individuals meeting the above qualifications shall earn $2 for every day that the employee rideshares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing"to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10. IRS 125 Plan A. District shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall not only be used for the purpose of paying the difference between the amount of District funded premiums for District-provided health insurance plans, and the amount of out-of-pocket premium payments borne by the employee regarding District- provided plans. B. The District agrees to provide technical assistance (such as automatic payroll deduction, etc.) in the event employees decide to expand this benefit from a Fire MEG MOU 2023-2026 "premium only plan" to a "flexible spending account" provided that those participating pay all costs incurred in expanding and maintaining this program. ARTICLE III 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 July 4 Independence Day September Labor Day (1 st Monday) November 11 Veterans Day November Thanksgiving (4th Thursday) November The day following Thanksgiving December 24 The day preceding Christmas December 25 Christmas January 1 New Years Day January Martin Luther King's Birthday (3rd Monday) February President's Day (3rd Monday) May Memorial Day (last Monday) Three (3) discretionary (floating) days may be taken by an employee at his or her 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. 1 of each fiscal 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 July 4 Independence Day September Labor Day (1 st Monday) September 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 7� Fire MEG MOU 2023-2026 December 25 Christmas January 1 New Year's Day January Martin Luther King's Birthday February 12 Lincoln's Birthday February 22 Washignton's Birthday May Memorial Day (last Monday) B. Employees shall accrue holiday time as follows: Type of Per Maximum Personnel Holiday Annually Accrual Shift Personnel 12 hours 168 hours 216 hours 40 hour Personnel 10 hours 140 hours 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. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which it occurs. Beginning in calendar year 2022, the two December holidays will accrue on November 30 of each year. F. Beginning December 1, 2021, and annually thereafter, any employee that wants to have the District buy back holiday hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of holiday that the employee expects to earn in the following calendar year that the employee wants the District to buy back in December (between first and second pay period). Regardless of the number of hours requested to be cashed out, the most the District can cash out is the number of hours accrued and available in that calendar year to date. 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. 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 23 Eire MEG MOU 2023-2026 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. Holiday Facility Closure Certain City Facilities may close each year in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3. 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: 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 hours/5 shifts 288.0 4.615 4-7 years 180 hours/7.5 shifts 408.0 6.923 8-10 years 240 hours/10 shifts 528.0 9.231 11-14 years 264 hours/11 shifts 528.0 10.154 15-19 years 288 hours/12 shifts 528.0 11.077 20-24 years 312 hours/ 13 shifts 528.0 12.002 25+ years 336 hours/14 shifts 528.0 12.923 2 Fire MEG MOU 2023-2026 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 full-time employee who is out 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. Effective July 8, 2023, the City Manager may provide an accrual rate for new Fire Management Employees up to the equivalent of a ten-year employee upon hire. F. Annually, any employee that wants to have the District buy back vacation hours shall make an irrevocable election to do so. The irrevocable election shall be submitted in writing to the City's Human Resources Department on or before December 15 and shall indicate the number of hours of vacation that the employee expects to earn in the following calendar year that the employee wants the District to buy back up to a maximum of 200 hours per year. This buy back shall occur twice annually, in June/July (between the last payday in June and the first payday in July) and November (between the first and second payday of the month), and the employee must indicate the total amount of hours they want paid out in June/July and in November. Regardless of the number of hours requested to the cashed out at either time, the most the District can cash out is the number of hours accrued and available in that calendar year to date. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buyback time. § 4. Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild, and sibling, or any other member of the employee's immediate family as defined by District Personnel Rules, which is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for sick leave as soon as 25 Fire MEG MOU 2023-2026 practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his child or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling is equal to the employee's annual accrual. A. Full-time Employees 1. All employees shall be accruing sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40-hour Personnel 10 hours 120 hours No limit Shift Personnel 12 hours 144 hours No limit (1/2 shift) (6 shifts) B. Sick Leave Use 1. Personal Sick Leave Employees can use sick leave for personal illness, injury, a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care. 2. Family Sick Leave Employees can use sick leave for the illness or injury of a health-related reason (such as the diagnosis, care or treatment of a health condition), or preventive care of qualified family member. For the purpose of Family Sick Leave, a qualified member means the employee's: child (includes any age or dependency status, or for whom the employee is a legal ward or stands in loco parentis), parent (includes person who stood in loco parentis of the employee as a child), parent-in-law, spouse, registered domestic partner, grandparent, grandparent-in-law, great- grandparent, great-grandparent-in- law, grandchild, great-grandchild, or sibling. 3. Other Statutory Use Sick leave can be used to cover an absence for an employee who is victim of domestic violence, sexual assault, or stalking to: a. Obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health, safety, or welfare of the employee or their child(ren). b. Obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety. 26 Fire MEG MOM 2023-2026 C. No employees shall be entitled to sick leave with pay while absent from duty for the following reasons: a. Disability arising from sickness or injury purposely self-inflicted or caused by his or her own willful misconduct. b. Sickness or disability sustained while on leave of absence. D. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition to vacation. E. Employees must provide a physician's certification upon for any sick leave absence that occurs after the employee has used 40 hours or 4 shifts for 40-hour personnel, whichever is greater, or 96 hours for 56-hour personnel, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see §6). F. The Fire Chief may require medical certification that the employee is capable of and released to return to the performance of all duties of his/her position. G. In case of voluntary or involuntary 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. H. 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 doctor's statement. I. 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, 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 ?7 Fire MEG MGU 2023-2026 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. J. Upon the retirement of an employee, the employee may elect from one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. e Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. ® Apply the cash value of up to one hundred percent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. § 5. Conversion Factor The factor used to convert the accruals for forty (40) hour per week personnel to fifty- six (56) hour per week personnel 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 Holiday 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 Fire MEG MOU 2023-2026 § 6. Personal Leave A. The employee shall be granted one (1) 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 advanced notice so that a relief may be obtained. 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. These twenty (20) hours can be used incrementally (i.e., 1 hour, '/2 hour) throughout the fiscal year. Use this time for emergency situations requiring the employee's attention and requires prior approval by their supervisor. § 7. Bereavement Leave When a death occurs in the family of a full-time employee, 40-hour personnel shall be granted up to 80 hours of bereavement leave with pay and shift personnel shall be granted up to 112 hours of bereavement leave with pay. A death certificate or othe acceptable evidence may be required by the City Manager or designee before leave is allowed. Family members are defined as follows: employee's spouse or domestic partner, employee's parents, employee's grandparents, employee's children, son-in-law, daughter-in-law, employee's siblings, or employee's grandchildren, employee's spouse or domestic partner's parents, employee's spouse or domestic partner's grandparents, grandparents-in-law, brother-in-law, sister-in-law, employee's spouse or domestic partner's children, employee's spouses grandchildren, or a blood relative residing with employee. The City Manager or designee shall approve such bereavement leave. (References to domestic partner refer to registered doemstic partners, as defined by California Family Code Section 297.) 40-hour personnel are eligible for up to an additional forty (40) hours of bereavement leave, in addition to the currently provided eighty(80) hours and shift personnel are eligible for up to and additional fifty-six (56) hours of bereavement leave, in addition to the currently provided one hundred and twelve (112) -)9 Fire MEG MOU 2023-2026 hours, when the bereavement leave is related to the employee's spouse or domestic partner, employee's parents, employee's children, son-in law, daughter-in-law, or employee's siblings, employee's spouses or domestic partner's parents, employee's spouse or domestic partner's children, or a blood relative residing with the employee. The parties agree to review any usage concerns in June 2024. § 8. Compensatory Time A. In lieu of overtime pay, those employees assigned to a fire suppression 24-hour shift, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one-half hours for each overtime hour worked. An employee may accumulate a maximum of 144 hours of CTO. Once employee accumulates 144 hours of CTO, any additional overtime hours will be paid to the employee his or her regular overtime rate of pay in the period earned. B. In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the employee's regular rate of pay at the end of the fiscal year in July and at the "Holiday Vacation/Compensation Time" buy back period in November and the balance in the CTO accounts will be reduced to zero hours. C. Compensatory time may be earned 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 the annual budget preparation process and annual audit. D. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 9. Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave each fiscal year as follows: Fire Marshal 50 hours Deputy Fire Chief 75 hours Fire Chief 100 hours Any unused administrative leave, up to a maximum of forty (40) hours in June of each fiscal year must be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried beyond the year in which it was earned. § 10. 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. 30 Fire MEG MOU 2023-2026 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 than dishonorable. However, any individual must display possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. 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 rules 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 while the returning employee resumes the position he or she previously held. § 11. Jury Duty Any member of District who is called or required to serve as a trial juror may be absent from duty with 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 duty 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 District must be turned over to 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 rules and must return to work if dismissed before the end of their regular work shift. >1 Fire MEG MOLT 2023-2026 § 12. Civil Subpoena/Criminal Subpoena A. Civil Subpoena 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: 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 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 department head. 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. § 13. 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 32 Fire MEG MOU 2023-2026 without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range or for the purposes of seniority. For the 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. § 14. Natal and Adoption Pay A. Natal and Adoption Leave with Pay Employees within the bargaining unit are granted up to 120 hours of natal and adoption leave with pay for the birth or adoption of a child, however; use of the 120 paid hours does not extend any time charged under FMLA or CFRA or additional state and federal laws. Any paid time required beyond this initial 120 hours must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies,procedures, orders and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which are not the result of transfer or reassignment, demotions, dismissal or any other action which consists of a taking of property as said term is defined by the courts in the disciplinary context ( Reassignments and/or transfer that result in a loss of compensation shall not be deemed to be disciplinary actions.) § 2. Objectives The grievance procedure is established to accomplish the following objectives: 33 Fire MEG MOU 2023-2026 A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. 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 supervisor and the administrative staff. H. To assure fair and equitable treatment for 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. The Board of Directors or its individual members shall not be approached by employees or their representatives 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 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. 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. 34 Fire MEG MOU 2023-2026 F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on a timely basis. § 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 ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of teh Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the subsatnce of the grievable problem or complaint within seven (7) days of the date that he employee knew or should reasonably have known of the existence of the problem or complaint, shall constitute a waiver by the employee of the ability to utilize the 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 grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits within the definition of "grievance" as set forth in § 1, above. 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 ten (10) 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 seven (7) 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 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. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 35 Fire MEG MOU 2023-2026 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 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer(CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief or designee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as forth in § 1, above. 3. After submission of the written appeal, the CEO or designee shall reply in writing within fifteen (150 days, to the grievant regarding grievance. The reasons for the decision will be included in the response. 4. Section 1 PURPOSE defined a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders and regulations, or this document. The decision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted on a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis, the CEO or designee shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the complaint being jurisdictionally grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. D. Step IV 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable" pursuant to these rules and regulations, (a defined grievance and/or timely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal to binding arbitration. Said appeal shall be timely only if it is received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee's appeal shall state with specificity the identification of the District Codes, resolutions, written rules or regulations or sections of this document which 36 Fire MEG MOU 2023-2026 is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by both parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equally by the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11.Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12.The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. 37 Fire MEG MUU 2023-2026 13. Not later than ten (10) days prior to the date of commencement of the hearing, the parties shall exchange lists of witnesses each intends to call at the hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (loth) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibits not designated in the submissions. 14.The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statues shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. No later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 16.The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights" (FBOR). The Fire Chief is considered "At will" and not subject to the general discipline procedures. However, the Fire Chief is entitled to protection under the FBOR and will be afforded all FBOR rights. Under the FBOR, a Fire Chief cannot be removed without affording him or her written notice, the reason(s) for removal, and an opportunity for administrative appeal; and provides that the following is a non-exhaustive list of satisfactory reasons a Fire Chief may be removed: 1) implementation of goals or policies of the employing agency, 2) incompatibility of management styles, or 3) a change of administration. ARTICLE VI 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. 38 Fire MEG MOU 2023-2026 § 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 § 1 of this Article V. § 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 ensure 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 Policy Employees have agreed to accept and abide by the District "Smoking Policy," as written and approved by the Chief. ARTICLE VII 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 right 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 the District; C. To determine the methods, means, and number of personnel needed to carry out District's mission; D. To direct the working forces; E. To hire, assign, or transfer employees within District; F. To promote, suspend, discipline, or discharge employees; 39 Fire MEG MOU 2023-2026 G. To layoff or relieve employees due to lack of work or funds or for other legitimate reasons. (any provision within this MOU, City rules and regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); 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 VIII EMPLOYEE RIGHTS The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the employee onboarding process for a Fire Management Employee Group (Group) representative to meet with a new Group covered employee and present the benefits of being a member of the Group. Onboarding of new employees occurs during the first working day at the start of a new pay-period up to 26 times per year. The Fire District will provide a calendar before the start of a new year. A Group representative will have up to 30 minutes of uninterrupted time to meet with new Group covered employees. Prior to the meeting, or in no case later than the meeting time, the Fire District will provide the name and job assignment of the new employee to the Group representative. The Fire District will provide the designated Group representatives with all available information about the employee as required under AB 119 within 30 days of the employees start date and the Fire District will provide the required information on all Group covered employees again as required under AB 119 at least three (3) times per year. ARTICLE IX MAINTENANCE OF BENEFITS 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 is not to be interpreted as affecting any other rights 40 Fire MEG MOU 2023-2026 or obligations the respective parties have under§ 3500, et seq., of the California Government Code. ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform 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. ARTICLE XI 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. District and Fire MEG 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 the Association shall not be changed for the duration of this MOU. ARTICLE XII TERM The term of this MOU shall run from July 1, 2023, through and including 11:59 p.m. on June 30, 2026. ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about December 1, 2025. 41 Fire MEG MOU 2023-2026 or obligations the respective parties have under§ 3500, et seq., of the California Government Code. ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform 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. ARTICLE XI 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. District and Fire MEG 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 the Association shall not be changed for the duration of this MOU. ARTICLE XII TERM The term of this MOU shall run from July 1, 2023, through and including 11:59 p.m. on June 30, 2026. ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about December 1, 2025. Fire MEG Fire District 4/-t- 6 . 23 Date Date 41 Fire MEG MOU 2023-2026 Chad Comeau John R. Gillison Fire Battalion Chief City Manager Jenifr Phillips Human Resources Director 2 Fire MEG r1 SOU 2023-2026 Fire MEG Fire District Date Date OF Chad Comeau John R. Gillison Fire Battalion Chief City Manager Jenifer P u1i P� Human Resources Director 42 Fire MEG MOU 2023-2026 Addendum A Fire Management MOU 2023-2026 Fire Business Manager Fire Business Manager Classification - (effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution) ® Fire Business Manager position moves from Fire Support to Fire Management. O Salary Range ($9,376 - $11,966/month). The FSSA and Fire Meg Salary schedules would be amended automatically. • The incumbent would see a minimum of 5%salary adjustment to the next nearest step effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution. ® The incumbent would be eligible for next merit increase on existing anniversary date (2/10/2024). • Administrative Leave would be 50 hours per fiscal year. ® 4% District paid contribution to deferred compensation effective the first full pay period following negotiation and implementation of an Employer Employee Relations Resolution. Deferred Compensation is paid into the 401 a plan. This is the same benefit as the City's Finance Manager position, which we view as an equivalent position to Fire Business Manager. Theses Sections would be incorporated into the next MOU assuming the EERR is adopted, and the position moves from FSSA to Fire MEG. 43 Fire MEG MOU 2023-2026