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CONTRACTNO.
ADOPTED ® RESOLUTION NO,F 7
UNDERSTANDINGMEMORANDUM OF
PROTECTIONRANCHO CUCAMONGA FIRE I
AND
RANCHO CUCAMONGA FIRE
PROTECTIONI I
FIRE MANAGEMENT EMPLOYEES'BARGAINING GROUP
2023-2026
Fare MEGMOM 20234 (3 6
Content
,,._ .° .
A.
Satary ,....,a , ®. ...,...:
.
Salary on appointment..,...,,,, ..... .....:......... ..; ..o,£........ ..,.;; ,..a, ,b; ,..A,....,...., :.,..,..Ae .......n...,.
.
Merit Salary Adjustments ............t....wa,.m
Salaryti n.................. .......:
b
Salary on Demotion.... .......w .....,., a....... ,. E.,.P. °.,,.;;®....,.aa;; ,.
1
6.
Salary an PositionI,Ifi
7.
Salary on
Re-Emptoymen I9. .a. .°,,...o, .,.,.°.:........a: F......., ,
Acting .....::;m ,...,o..
10.
Salaryon Changein Range Assignment f ., ., .: .a„ z.,, , ,,.,,.; ,.,....,. ....... ® .........
�
.
Training Off ices Assign me nt Pay.".........,fi. * a ..... ...... . ......m ;: ®,............. .
B.
Deferred
C.
Voluntary p if Association
Work Periodsf .... ......
A.
Work12
r..m. ....... ........® ...
C.
FIe x Time, „ .P,. °°.......
E.
Overtime Pay ........ ......u..3..a v..W...a„a , .,.,,, , .,.,, 3fi,,..,., ......... .,..°.... .
F.
Call ..... ...... -.- ........ ....3 .... ...... .....4„ ....
4.
Uniform Allowance-..,-,
rnployee Group . 1 ......m ,,,..m... .........u.....:n ........, ,fissa
A.
ffh I nsurance............. ,,..,, .m....,° ,®..... ...
B.
Dental Insure ...,., „®®.,; . . „a .h.,
G.
Vision Insurance ....°... .............. ........ .......... ., .....; a.....,
Fire MEG
MOU 2023-2026
D.
Life Insurance._._.. ........
Retirement. ...,....,
1
Benefits, r
B.
re fit : Miscellaneous Members.......... .......r, ...,,........,.... ®...,....
, .....,,.....
§ &
Work Relatedf , ........, ......:...,,.w:; ...,.®.::...,n.,., .........a,.......
r...... ......... .....,,.e ,..,, .:s ...,,.a;:. .,....... .
f........,pm ,.n............. :. .......................w .
.
ARTICLE.i
Holidayi
,„
Conversion Facton—,................. .. .3,".a .m ,,....,,, „,..,.,.......... .,....,,.
... ...,.....,, 28
7�
Bereavement, Leave........,. ...... ..,.............,a
s..
,
Compensatory
Administrative
Military Leave.... ,........ .........a .. ,
f... ........ ..,,...«, ...m¢.,...,....,=6.:
Civil Subpoena, , __ ..............: . .... k , ,..,, .w. ,...,., : ,,...,:...,..,.m,.
3
i i i ...,.. ....... . .....h. ,,..,,,.. ,.,.,m,.. ,....m... ,,...,,. ,........ ..
32
§ 13.
Leaves of Absence without Pa..... ........... ................:.......... ....,__... ,..........
, _.... 32
s
Natalsand Adoption Pay........o.. ......... ......... ......:a. .,... "
.
A.
Natal33
B.
W, and Adopfion Leave w1hout Pay33
IV GRIEVANCE PROCEDURE,
33
PurposeARTICLE
......
Objectives „,..t
... 33
.
.,."... , ..,...,�. ,... —.c ....".;®. ,......®: ,.,..,..A ......... ®...,.®.. .........
.......a... 34
Informal r .. ,..,,,a . ...... .........:: ........ ......... ....___ �.... ......
. .......... 35
Grievance .... ,.,..„ ......................._....... , sa.,......... ,...........
...__
35
fr —1
A, Step
35
..,,, .... r,a,., a.,.......F... ...,.... .
B. Step 11
,.;m :,....:.:....®.m...,......a ,,.,...a:......... .... , .
ARTICLEI ....... ,..............:w ,.,..u. s :, s...va ..3,iW :4t .... ,, ..
ARTICLE VI $AFETY,,.
........... ...........
. Safety — ..........,.........,
Employeer 11 ,,,m..: . ......... ......,, ...,....; .................. y,....... ...........
39,
Smoking Policy,....... ... ................ ......... h
39
ARTICLE II MANAGEMENT RIGHTS... aa....a.,
1. Scope of Rights -....a .-....-0 ...,... $ ......FrF. .....:.: ....... E ...,<.._ q _...4,. ah.a , ,.
2.
ARTICLE,: V1111 EMPLOYES
ARTICLE, W MAINTENANCE .....A0
ARTICLE PPP THE BOARD OF DIRECTORS-,.,......,; ,m...., m .,...,.:a ,...,.;:..,..,.®w. A
ARTICLE 1 PROVISIONS OF LAW .......:........:. .................. ,.,.....: ,................. .....a......,...o;.,
ARTICLE II TERM.— ....... . .......a....m...;® ...... .m.,.....m.................
,............ �
ARTICLE X111 NEGOTIATIONOF SUCCESSOR MOB ................ 1
Erie MEG MOU 2023-2026
This Memorandum of Understanding ("MOU" hereinafter) is made and entered into
between the Rancho Cucamonga FireProtection i tri t ("District' hereinafter), and the
Rancho Cucamonga Fire r tion District Fire Management Employees BargainingGroup
("Fire hereinafter). The terms ions contained in thisapplicable
all full-time l within this it and contain the complete resuItnegotiations
concerning rconditions for said
represented her i.
ARTICLE I RECOGNITION
A. Pursuant to the provisionsexisting rules regulations applicable State law,
District ite MEG as the exclusive recognized
organization fr the representationunit, which includes allemployees
District, who areI full-time i. The classes represented include Fire
Chief, Fire Deputyi ite Battalion Chief, and Fire1.
B. Fire MEG represents l i i ti f Fire Chief. However, Fire Chiefis an at -will
position, t subject to Articlet V of this MOU or the District'sI Rules. At-
willpositions terminated time i i t cause or notice at the will of
the Cityr or Rancho Cucamonga FireProtection i i t in its solei t ti
without any right due processright. r , the FireChief is precluded
- from acting it t ive or being a member of the Fire.
ARTICLE 11 COMPENSATION
§ 1. Salary Ranges
A. Cost f Living Adjustment- All bargaining unit members shall receive cost -of -living
adjustment according to the following schedu
f cost of living adjustment effectivefirst full pay periodi P
% cost of living adjustment effective the first full pay periodin July e
° cost of living j tment effective the firstfull pay periodin July
B. Equity Adjustment r i it members receive_ equityt
according to the following schedu
Fire Chief% equity adjustment effectivethe first full pay periodin January
1% equity adjustmenteffective first full pay periodin January
Deputyi a equity adjustment effective the first full pay periodin January
equity adjustment effective the first full pay periodin January
equity adjustment effective the first full pay periodin January 2026
Battalion ief 3% equity adjustment effective the first full pay periodin January 2024
a equity adjustment effective the first full pay periodin January 2025
Fire MEG MOU 023-20
l 4 equity adjustmenteffective M ....,,,th _ first full pay periodin January 2026
If the Finance Department is unable t_ process the equityfirst full
periodin January due to end of the calendar year workload constraints,t ill process
equitythe t provide them by the second full pay periodin January.
C. Survey Cities: itMEG and
District that the survey citiesI iti f West
Covina, , Ontario, Riverside, Pasadena and ChinoValley it i rit A survey of
the identified labor market cities will be completed, reviewed the FireDistrict,
comparisonand used as the i negotiations r i t equity
adjustmenti ing adjustment. The survey will be completedit r
review i rict and Union no later than December 1 of the year priorexpiration
unless mutuallyotherwise the parties.ill be those compensation
amounts known and in effect as of the December 1 survey date. In the event a survey
extendsagency has a MOU that fiscal year during which
is performed,t t to be in force as of the following
July will also be surveyed and included in the total compensation
date.
Elements:D. Survey
1. Top step base pay for FireChief, Deputy FireChief, and BattalionChief. Fire
Marshallll not be surveyed, but figured t. % above each Battalion
Chief
Z Agency pick-up f member contributions t, the
Public
_ Employees' Retirement
System (" "); employer contribution to PERS, net of any employee cost
sharing-,
3. Uniform ;
. Employer Contribution to DeferredCompensation;
Maximumtri ti to Voluntary EmployeeiAssociation
(VEBA), For the purposes of the survey, this i ill be reflectedfringe
benefitr i
6. Maximum employer contribution to medical, dental, vision long-term disability
plans for new employees;
7. Any other incentive or premium
that % or more the individuals i in a
classification t an agency are eligibleto receive, iit is alsoi than
/ of the survey agencies, exclusive to the District.
6
"ire MEGO2023-2026
An individual i "eligible t_ receive" an incentive r premium if that individual
receive the item upon satisfactionspecified conditions (i , without limits
to the number of individuals who can recei incentive. For example,i
specialized training incentive is availableto each individual achieves the
specific technical quall i ti 9 the individual i "eligible to receive"t incentive
even if he or she has not yet attained the technicalcertification that is required
receiveactually it.
Conversely, if a department offerspremium t requires training but onIgrants
premiumthat to a limitedindividuals or only to individuals in a certain
limited i t, the number of individuals above the limitr t
eligible toreceive i . In those instances, the stipendsreviewed
discussedand individual i .
E. Survey Procedures Users: Any element that is expressedpercent of salary
ill be converted to a dollarE top step base pay for the classification
agency involved. i- i t t involving ical benefits or other health
and welfare benefits will be surveyed based on the compensationprovided
employees for tt element. If applicable, other multi -tiered multi-tieredincentives ill be surveyed at
the highestincentive i I long as the thresholdsin Itemr
met. For comparison in determiningaverage, the i low (of
receivethose that i it ill be dropped for each salary element,
salary, where all survey agencieswill be used. After dropping the high,
averagethe mean r the applicablet will be calculated. resulting
numbersaverage ch survey element will be added together to determine
cumulative r 1 compensation.
The results for comparison purposesin negotiationsinvolving future
compensation. There is no obligationto implement
compensationmake any j results the parties
acknowledge that other factors, including revenue, staffing, PERS contributionsr
post -employment benefit (" ") costs I significant t r in the ability
District to implement any survey element.
Survey Example:
1 Look at a particular fit at the maximumlevel achievable (in this example
highlighted in yellowr each ci
i /
i s t Covina Benefit X 3% or/
it i i fit - / or 15%
it o asadena Benefit X 3% or 6%
i rona Benefit %
Fire MFG MOU20293-20
2. Drop high (Riverside 1 / i r l from the fiveagencies
that off e r the benefit.
Average3. remaining three citi . % / 7 f / 3 = / .
Benefit _X for market comparisoni lam.
2. Salary Plan
A. _ Salary Rennes
Effective the firstfull pay periodin August 2019," " step salariesin the salary
schedule, for all ranks, will be removed. The salary stepsill be reorganized, where
step B step becomes the new step t t etc., G step
ill drop off from the salaryrange for Firei ite Deputy Chief positions
F step ill drop off from the salary range for Fire Battalionit I. No
changes to the employeesrates it result frthese changes.
The base salary for Fire Chief, Deputy FireChief consists f ranges havingi )
steps, ! I through F, with approximatelyfig ) between each step.
salaryThe base for Battalioni ite Marshall consists of ranges havingi
steps, labeled A through 9 with approximatelyfive !between
t® The salary for Firer is set at 7.26% above the 40 hour a week Fire
battalion! .
Placement within the range shall be in accordancewith
_ following:
1; Salary on appointment
New employees shall be compensatedt Step _ "A" of the salary range to which
their class is allocated.I recruitment difficultiesr r r
candidate is exceptionallywell qualified, appointment at a higher step in the salary
range may be authorizedit i
2. Merit Salary Adjustments
Advancement within i range shall not be automatic,t shall be based upon
job performance and granted only on the recommendationthe employee's
supervisori of the FireChief. Employees shall be consideredi
salary increases in accordance withfollowing:
a. Employees who are placed at Step A upon originalt, reinstatement,
r promotion are eligibler a meriti i) months of service.
Subsequent merit salary review l fall upon the completionf twelve
service(12) month intervals.
b. Employees who are placedt r above upon original employment,
reinstatement, ion shall be eligible for a meri I review i
Fire MEG MOU 2023-2OP6
service.months of Subsequent review 1l fall upon the completion
twelve (12) month serviceintervals.
grantingc. The ii l leave of absence of more than thirty () continuous
calendar days, other than militaryleave,C cause tmerit
salaryview date to be extended the number of calendar
on leave.
d. I, i the
supervisor's
r' judgement, the
employee's
' performance t justify
a salary increase on the review date, the I C be reevaluated
the expiration ix (6) months dating fromemployee's review . If the
period t exceeds three (3) months and the employee receives
a salary increase, the employeeI be assignedreview t
the dateincrease t
e. Authorized l t increases leffective t the beginning
periodpay t review t .
f. Should an employee's reviewt overlooked, and upon discovery
the
error, t is recommended for a salary increase, I
receivet l payment compensating himfor the additional he
r she wouldreceived the increase been grantedappropriate
time.
normalg. The merit salary increase shall t} step granted in accordance
with the preceding. However, to reward outstandingachievement
performance, the FireChief may grant ) additional step increase not t
exceed one (1) step in any giveni () month period.
h. In order to address a situationr in applicationi i _ result
-in the inequitable treat f employee and upon the recommendation
Fire if and approval of the Board, an employee may be placed at any step
in the salaryr his or her class.
® Sala[y on Promotion
An employee, who is promoted to a positionin a class withhigher salary range
than the class in whichformerly i position, receive the
nearest higher monthlyI in the higherI t would constitute
minimum five ( ) salary increase over his or her base salary rate,
provided that no employeereceive t in excess of the top step of the
promotional If the promotionwithin i ) days of a scheduled
meritreview t, the employeeshall receive the meritincrease i
otherwise ti I to it) and the promotionalincrease concurrently.employee
shall be givenmerit I review datepurposes
advancement. The new date I be based upon the effectivef promotion.
* lDemotion
An employee who is demoted to a positionin a classi lower salaryrange
shall receive a new meritI review t the effectivet
demotion i in accordance withfollowing:
. Disciplinary demotion-- any designatedI in the lower salaryrange
whichill result in the employee'sreceiving least a five reduction
in pay.
b. Non -disciplinary demotion — that salary step he or she wouldreceived in
the lower classif hisr her services had been continuousin said! l 9
5, Salary on Transfer
An employee who is transferredr i i to another in the same class or
to anotherposition in a similar class havingthe same salary range shall receive
the same stepin the salary range previouslyreceived ireview
date shall not
Salary6. ition Reclassificati
When an Iposition is reclassified the employeeis appointedto the
position, I ll be determined as fol :
® If the positionis reclassified to a classi igher salary range
former class, salary and merit l iew 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 f the new classI the new class is the same as
previousthe I a the salary and meritf review t ill not change.
. If the salary of the employeeis greatert the maximum
f the
range the
new class, t I the employee shall be designated" and
shall not change duringi I r service untiltmaximum of the
salary range to whichthe class is i the salary of the employee.
7. Sala!y on
Re-Employment
recalledAn employee shall receive t t in the range
of the class whichr she was receiving
8. f it
Upon rehire, an employee shalll _step as may be
recommended by the Supervisorthe FireChief. The employee's
merit salary review the date of rehire.
Ifs
Pre MEG MOU 2023-2026
9. Acting
Actingl O step, approximately five ), above the
affectedIoyee's base salary rate.i i the employee must:
formally assigned only doing the dutiesappropriate i r
b. Work in the higherl least fi) consecutive workdays, five
shifts for employees workingtwenty-four i ti ill be
paid beginningit the sixteenth(1 'consecutive r in an acting
capacity, sixth (k ift for employees working- ( r shifts.
. In any instance r it is reasonably t i t the commencement oft
acting assignment that the assignmentis likely fifteen )
tipshifts,i i (%acting
pay shall commence beingr r first day/shift of the acting
assignment.
10. 1 in Range Assignment
When a class is reassigned to eitherhigher orl IBoard,_
the salary of each incumbent in such a classthe datei i
effective shall be adjusted to the step her or she was receivingin the former range.
11. Trainingr Assignment
The Battalion i i to a 40-hour schedule as the Department Training
Officer or a specialassignment shall receiveadditional compensation (stipend)
based on the step the employee is currentlyi i (stipend)
shallin additionto the regular compensation paidEffective
the first fulli in Julystipend shall be 1 /.
12.
Ili t
Bargaining it members who qualifyr bilingual pay shall be compensated at
the rate seventy-five dollars
examination t i their fi i in the Spanish,Chinese
I
B. DeferredCompensation
The District ti r into
District -paid conr ti rfollows:
Fire i f /
Deputy Fire i d
Battalion i it Marshal f
Fire MEG MOU 2023-2026
ii
C. Voluntary _ loyee Benefiti ti
The City has establishedi i i ( ) through
the Californiai t it Association to assist
employees withi for futuret rRepresented
shall be eligiblei i t in the plan accordingto a schedule to be established
an addendum to this
Contributionsto the Plan shall be made as District contributions through
reductionr t and are made on a pre -taxi in accordance with
provisions. At the discretion P employee contributions
once per r provided that such amendment is permittedIRS regulationsi
conformity it the Plan Document.
Effectivethe first full pay period_ in August 2019, the Fire Districtwill contribute 2% of
base i pay -period. Example: A bi-weeklyequals
biweeklyi
3. Work Periods and Overtime
A. Work Periods
1. Employees assigned- ifts shall workKelly l that consists'
rotation pursuant to section( the Fair Labor Standardst
(FLSA) as I
SUN AT
v4 _ � _ i ...r.�. _ ._I _�..... _ .
n ff On Off On
ff
.._ f
f
2. The pay
period r shift personnel is 14 days. Overtime i_ paid for time i
hundredexcess of one i (106) hours in the pay period.
3. The work period O hour personnel i O days withibeing
time worked i (40) hours in the period.
ShiftsB. Work
19 All twenty-four (24) hour work shiftsi t 0800 and end at 0800 the following
day, - (24) hours thereafter.
2. Personnel i _t (_ ) hour schedule shall work- through
Thursday from 0700 to 1800 inclusive of pai isixty) minute
meal period.
I�
Fire MEGi
C. Flex Time
. The workf employees assignedto otherfir. suppressioni
subject to ing on needs of the service or desires
(see it 3).
2. The District l r scheduleslpurpose _ of the change
i to avoidime and one-half for overtime. This, however, is not to be
interpreted ing a schedule change upon the mutual agreement of the
District femployee.
Employees3. request schedule changes to address personal interests.
Whenever possible such requestsi ted, provided however,that
serviceneeds of the i the Districtit take precedence over
employeer f r
. The District will not affect schedule changes butfor good and sufficient
Management5. employees shall be allowed to work a flexible t the
approval of it supervisor.
D.4/10 Schedule
With the 4/10 implementation, empl- experience ichildcare
issues,request alteration of their schedule by taking 1/2hour lunch and arriving
t work 1/ B r 1/2hour early. Additionally, employees
at l B of the pay period% of the distanceinto it normally assigned
workplace i i B to leave 1/2hour early from work or arrive1/ r late.
E. Overtime
1. The rate for overtimehours it be at the rate _ i one-half
( the regular rate of pay, r those employeeseligible i
2. Wages: The Battalion Chiefin Trainingsuppression lion Chiefs will be
paid overtimethe fifty-sixf hour rater any overtimeworked ttime-and
one-half ( rate
3. For purposes of computing overtime pay under the Fair Labor Standards Act,
military leave shallthe onlyleave of absence not considered hours.
4. r the purposes of thissection,
work time shallinclude traveling from
the normal work site.
5. All full-time loyees who are calledto work f -dutyr B f an emergency, shall be paidthe rate of time and one-half!
worked,hours i minimum two (2) hours pay for each emergency recall.
Employees required to workfifteen (i ) minutes shall be compensated
for a minimumtime ( r will be paidi
13
one-half ( I) hour _ i(fifteen ( ) minutes work shall constitute one-half
{ 1} }. Time spent in traveling r the worksiteIcompensated
in accordance with
Employees required I r) to work
more t (1 )_ minutes ishall
compensatedr a minimum) hour. Any overtimer in excess of
one (1) hour ill be paidin half hour increments. Provisions shall
equitable distributionovertime, consistent with eff icient operations of the District.
Deputy6. The i ill be paidt equal to State / l
reimbursements kDistrict for the workr t
and/or Federal requests for r work
strike), at the Deputy Chiefsrate , provided
Deputy Chief is actingin a management capacity consistenti it normal
position r the FairL t. The requisiteto the
time I r work week will be paidthe Deputy
Chief during the pay periodin whichtand/or
workedFederal requests for hours r ifwork week
(e.g. strikei k is intended to allowt i lead
strike , if necessary, as wouldr shift BattalionChief, without having
accruedto use vacation leave.
F. Call Back
minimum t hours f work
time will be creditedemployee
to a District to come to workduring off -duty hours. This sectionis not to be interpreted
as requiring i minimum in the event of an extended workday or when the employee
beginsiis or her regular work shiftI starting time.
Uniform4.
A. The District shall provide three (3) sets of work uniformsI i
required to wear a uniformprior to hist t. The valueinitial
uniformsided shall be reported to CalPERSi in accordance with
applicableI requirements. i r t buy their own class A
uniformstion of probation.
B. The District i l its goal on Uniforml is to provide
f uniform articlesspecified in the District'srules and regulations, to a max
$1,500 Annuallyr employee for the purchase of four uniforms to start. The
Uniform ll ill be paidconcurrent with the first full pay periodthe
beginning fiscal , in a separatethe regular.
5. Employee Group Insurance
District to provideinsurance l in accordance withthe following:
14
Fire MEG MOU 2023-2026
A. Health Insurance
1. District ill provide medical insurance r the State of CaliforniaPublic
Employee'si r )•
2. District i i provide fullyi l family t insurance all
existing full-time retired I f November 17, 1994.
3. District l provide id employee and familyI insurance for allfull-time
employees hired, 1994, at a monthlyt equalt the
averageli i "Public iHospital Care Program"
medical rates availablei ite MEG unit members covering
BernardinoSan ti i ill be
calculated annually duringt iod with changes goinginto
effect when the new rates go into effect.
4. All new full-time loyees hired after November 17, 1994, want to maintain
medicalinsurance through the State of California, Public Employees Medical
and Hospital Care Program, upon their retirement, shall be responsible t
payingit own premiums.
5. Upon written t of the employee,
along withri i i that their spouse
and/or family i full It insurance,ti in lieu
medical benefits in the amount of $200.00 for single
employees withprovided iSelection of
compensation shall be t the employee's discretion.employee
reenter the District'sl t any ti
6. Affordable r ) Reopener. The Districtreopen negotiations
the issue of health insurance benefitsto address changes to or statutory
scheme that may It from an interpretation of the ACA an in order to avoid
penalties t Internal
Revenue Service or otherfederal (including, but not limited t,
revenue ruling,r ii i , or a ruling by a
court of competent jurisdiction. These nei i ill not result in a reduction
in the amount the Districtihealth coverage.
B. Dental
Insurance
District continue provide
_ fully paidl family t l insurance
plan for all full-time
C. Vision Insurance
The District l continue to provider r all full-time
continuous employees withi t not to exceed $22.25 a month.
Employees agree to contribute! of their salary adjustment to fund their
i
Fire MEG MOU 202342'026
contribution f $2.00 a monthfor visioninsurance. The above amount of $22.25
includes contribution. lshall pay the cost of vision
insurance in excess of $22.25.
In the event t vision insurance iduring the term of the
contract, the District shall providenotice the representatives, i
possible, least thirty
D. Life Insurance
The District ll provide a fully paidf insurance i for all Fire
4
Education Incentive
The District shall provide to employeesi incentive l to the following:
Bachelor of Arts/Bachelor of Scienceit icer Certification = $317/ month
Master/ ience or Chief Officeri i ti ! month
Eligibilityfor the above -mentioned educationincentive requires r graduation
and receipt of degreecollege i t it is accreditednational
recognizediing agency approved by the United StatesEducation
Unitedand found on the tion website. Complianceit
the Fireicer/Chief Off icer certification requires r f satisfactory completion
r " i pass/fall i f all required l for tCertification Track
currently t i the Californiat it Marshall for Fire
r Chief Officer. Degrees earned onlinel i declaration
penalty of perjury that the subject employee personallyr requirements
issuance of the degree. The FireI determination regarding iiilit r an
education incentive l be final. it i's determination regarding i i ili
for an educationincentive final.
above-mentionedThe ti incentives ll non -cumulative, meaning
employeet the highest recognized ti incentive, i the
Master of Arts/Master of Sciencer Chief OfficerCertification, l receive
incentive t they have also met the lower recognized
educationincentive I Neither shall an employeereceive i incentive
for both a degreecertification.
Benefits:7. Retirement Plan
A. Safety
District is enrolledin the Statef California Publicl Retirement
Except as describedi ll benefits providedDistrict
District's i the District. Present benefits for publicsafety l
include following:
1. Tier 1 ® Employees hiredprior to JM&3,_201:
1
Fire MEGMOU 20 - 02
% at 50 Full Formula
_L_l 1959 Survivor
1 Year Final Compensation
Effective
, employeest i / of the normal
member contribution, i i ti i 11.
Fire i _f Position,it rir to July 9, 2011:
Effective , i Chief contributes 9% of the normal CalPERS member
contribution,eliminating resolution FD 2023-011, and contributes/
towardsDistricts' CalPERS employercontribution.
2. Tier I it r after 7/9/11 andthou 12/31/12, and Classic
PERS members, as .m definedh are it r after JanugpLl.,_2013.
/ at 55 Full Formula
Level1Survivor
Finali
Eff ective June 24, 2023, employeescontribute total % f the normal
CalPERS member contribution,i i i r resolution FD 2023g 11.
Fire ief POSitiOn, hiredprior 1, 2011,through 1 1
as well as Classicr r it a
Effective in the Firei iti / of the normal
CalPERS member contribution, eliminating i 1,
and contribute ` towards the Districts' CalPERS employerti ti .
® Employees who arer i q who are hired on
or after 1, 2013.,
Employees are classifled as New Members of PERS when they meet the definition
of a "new member" for purposes of retirement pension benefitsto the
Public Employees' Pensionfr f 2013. Generally, this includes
employees t were hiredinto regular iti r after January 1, 2013 or
former PERS. members who have more than a six-monthin service.
CalPERS ultimately deteri is a new member in compliancei the law.
17
Employeesr- classified as New Membr it be eligiblefor the 2.7% at
Formula,57 3 year final compensation
The employee contribution r new membersshall be one-half, as
determined f the effectivet of this , the required
employeeE tion for new members is 11 e % of reportable ti
This amount will be adjustedi i l , and the District employee
contribution jet accordingly t t,
The District has adoptedIti _. providing that all employee CalPERS
contributions il be deducted on a pre-tax basisr I
is understoodthat allcontributions id 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 additionalspecial compensation, including
Employer Paid Member Contributions (EPMC), and as describedin Part 3
above, on the pensionable Eon as defined in the CaliforniaPublic
Employee'sE f ("
The District resolution provi i t all employee CaIPERS,
contributions l ted on a pre-tax basis to the extenti law
or IRS regulation.I employee payments of the employer share arepursuant
to Governmenti 1 (.
Therell be no sunset date to any provisionsin ArticleI Section 7 Retirement
B. Benefits:
Miscellaneous r
District is enrolledin the State of California PublicEmployee's Retirement t I
benefits providedDistrict i i t"s Plan are paidi ti t.
Present benefits for miscellaneousl include the following:
1. Tier 1- EmDlovees hired_ Drier to JuIv 9.
_- 2011:
. i at 55 FullFormula
21574 4th Level 1Survivor
1 Year Final Compensation
Effective June 24, 2023, employeesti t total f/ oft l
CalPERS member contribution, eliminating EPMC per resolution FD 2023-011.
The District adopted a resolution rvi i t all employee
contributions to the employer sharer isection shall be deducted on
pre-taxbasis.,
I
Fire MEG M2023-2026
Additional benefits for affected employeesinclude the following:
• Sec. 20691 Employer Payment of Member Contributions (based on hire
• . (4) Reporting of Employer -Paid Member Contri_ i
Special(EPMC) as ti
Crediti
2. Tier 2 - Employees hired on or
after 7/9/11 and through 12/31/12, and Classic
® as defined bv PERS. who are hiredr after Janu tryj,2013:
% at 55 Full Formula
Level1 i r
Compensation
-Effective June 24, 2023, employees contributetotal f / of the normal
CalPERS member contribution, li i ti r resolution FD 2023-01.
The District I ion providing that all employee CalPERS_
contributions to the employert to this ion shall be deducted
pre -taxi to reflectin EPMC priorto the effective.
Additional benefits for affected employeesinclude following:
Payment• Sec. 20691 Employer of Member Contributions
_ (based on hire
• . ing of Employer -Paid Member Conti ti
( Special Compensation
Credit for Unused Sick
3. Employees who are New PERS Members, as definedrhired on
afteror January 1, 1
Employeesied as New Members of PERS when they meet the definition
member'of a "new i ions benefits pursuant to the
Public i r t of 2013. Generally, this includes
employees that were hiredinto 1position 1, 2013, or
former PERS members who have more than a six-monthr in service.
CalPERS ultimately tr i is new member in compliancei 1.
Employees who are classifiedl lii t / at 62
Formula, 3-year final compensation
19
Fire MEG MOU 2023-2026
The employee contribution i if the normal cost, as
determinedI the effectivethis , the required
employeeti i for new membersis 6.5% of reportable i i
amount will be adjustedperiodically I the Districtemployee
contribution t accordingly ttstatute.
The District adopted a resolution i iall employee CalPERS
contributions ted on a pre-tax basisl ),
4. PARS
The Supplemental Benefit through PARS Phase 11 Retirement System is provided
to all miscellaneousit 1, 2012.
5. The following fit is available
_to safety
personnel at employeet
20930.3 Militaryi liService
C. t Sharing — Classic CalPERS
ClassicIcontribute % of compensation earnablei l
withholding as cost shai the i contributions itCalPERS
effective the firstfull - in July 2024. The cost sharingcontributions l
pursuantmade to Government Code Section(f).
This
in no way
affectsl t Classic employees contribute
towards the cost of their retirement, or the amount that PEPRA members contribute
towards the employee/memberthat is set by CalPERS.
This does not increase the cost sharingemployer
contribution the FireChief
is alreadyi ti .
Partiesto a reopener duringthe third to discusst sharing
should PEPRA rates increase i the term f the contract.
8. Work Related Injuries
Safety Employees are entitled to full salary and benefits( year, when
sustainthey on-the-job work -related i (see Californiar
provisions). t l. Temporary disabilitypayments
received duringinjury riod shall be returned to District.
MiscellaneousAny ( -Safety) employee withinthe bargainingi r herein
who is receiving ili r tCompensation t of
California" for -t injuries ined while engaged in the performancef duties
f any such Districti i P shall receiver the Districtduring first three months
f such disabilityt in an amount equal to the difference
the disabilityreceived r Workers Compensationk and the
20
employee'ssalary. Such paymentsthe Districtl t any
deduction from accrued sickleave benefits.District's li tipayments
shall commence on the fir s') day of such disability. In the event the
employee'sdisability tshall
allowed to supplement the Workers Compensation benefit received under State law
with availabler i P accrued vacationleave, accrued compensatory
time. The total number of leave hours, along withr ti it,
accruedshall not exceed the employee's base pay for each day of the leave. For this purpose,
leave hoursC in one -hour increments.
9. Carpooling
Those employees participating in a carpoolduring going to and fromtheir residence
and work sitein receipt of a reduced workday. Rather, those employees
participating i "carpool" shall be accordedfollowing benefit®
Eligible cr I, full-time l i
participate in and file"rideshare application",
Eligibility r ride -share ride-sharerelated benefit is conditioned;
regular and full-time empI l ride i
person(s) i v
2. In the alternative, t regular and full-timel ldrive
from workthan in an automobile. For example, such transportation
include ipublic transportation, walking.
3. Eligibilityfor ridesharefit i i 1) the regular and full-
time I participating / of the total workdays duringi , )
ride i t least 60% of the commutedistance, and 3) ride sharing
the hours of 6 and 10 ® of the employee's scheduled work shift.
Individuals meeti the above qualificationsshall earn $2 for every day that the
employee rideshares, paidf each quarter. Further, the Cityis desirous
of devising "drawing" ti singular i
with an item of value in recognitionf ride sharing.
10. IRS 125 Plan
A. District shall implement authorized pre-taxpayroll ti f
medicalt tion premiums. Said pre-taxpayroll deduction shall
purposeused for the f paying the differencet of District
premiumsfunded I tri i insurance plans, and the amount of
out-of-pocket premium payments borne by the employeeregarding
District-
vi
B. The District provide technical assistance (such as automaticpayroll
deduction, .) in the eventi this i
Fire MEGiO 2023-2026
"premium plan" to a 'llexible spending,, provided that those
participating 1 incurred in expandingmaintaining i
ARTICLE III LEAVES
1. Holidays
A. Holidays r ish District designates as observed holidays.Holiday
leave is a right, earned as a conditionI employment,i
holidayspay. The ignated by District are
40 r Personnel
July 4 Independence
September Labor Day (1 st Monday)
November1 Veterans
November Thanksgiving t r }
November The day following ii
precedingDecember 24 The day ri t
December 25 Christmas
YearsJanuary 1 New
MartinJanuary r King's BirthdayKing'(r -, Monday)
President'sFebruary
MemorialMay (last
Three) discretionary (floating) days may be taken by an employee at his or her
convenience,l by the supervisor.i (30) hours fort three
() floating holidaysI be creditedthe employee at the startperiod
of each I
holidayWhenever a ll following Monday shall be observed as a
holiday.li falls ri , the preceding
shall be observed as the holiday.
Personnel56 Hour
SeptemberJuly 4 Independence Day
(1st
Septemberi i
October 12 Columbus Day
VeteransNovember 11
November Thanksgiving (4th Thursday)
November The day following Thanksgi i
precedingDecember 24 The day ri
Fire EG MOU 2023- ,2
December 25 Christmas
January 1 New Years
MartinJanuary King'Birthday
February12 Lincoln'sBirthday
FebruaryiBirthday
May Memorial (last
EmployeesB. II accrue holidaytime follows:
MaximumType of Per
Personnel Holiday AMually
Shiftr 12 hours
..
Personnel40 hour r 140 hours 180 hours
District ill be allowedto exceed the imum accrual at any ti
As excess holiday i is earned, it must either be taken as timer be paidfor
by District.
D. District l ill be advised,in writing, within the pay pei ri r to the time
that maximumi I is reached or that they arei it
maximum1.
HolidayE. time
_ annually beginning i the first pay periodthe
il year within the pay periodi it occurs. Beginning in calendar year 2022,
the two December holidays will accrue on November 30 of each year.
F.
Beginning
i 1° and annually
thereafter, employee that wants
to have the District buy back holidayr ll make an irrevocable election
do so. The irrevocable I tion shall be submittedin writingit '
Resources Department on or before December 15 and shall indicate the number
f hours of holidayI r in the following 1 r year
that the employee wantsDistrict i (between first and
second pay period). Regardless of the number of hours requestedto be cashed
out, the most the District can cash outit r of hours accrued and available
in that calendarto date.
G. Holidays i t the approval of the Supervisor.
H. Any employee who is on
vacation i liday occurs will not have
that holiday charged againsti r her vacationi leave.
Forty (40) hour personnel who obtaini v their immediate i
holidayto work a ill be allowedto bank that holidayt straight time. If
23
employee who is eligibleiovertime compensation is recalledto work
holiday,li ill be banked at time if . the number of hours
actually that day.
2. Holiday Facility Closure
Certain§ iFacilities l r in conjunctionit the Christmas
Year'sIdays. Closure datesfor City facilitiesl! be determinedC in order
to balancethe impact on public services. During a holidayclosure,
affected
represented! take paid leave from holiday,management leave, and
compensatory time or vacationaccruals reassigned ili that
ill remain riclosure.
Vacation Leave
_
Vacation3.
A. leave isright to a leave of absence withIt is earnedcondition
f employment.
-__
All full-time , with continuousservice, accrue
working
vacationI according to the following
Personnel
Years Annual Maximum
__g l_ t _ _ _Accrual_.
Accrual..R Rat30 es
. �.Service _ .n�Accrual_... m
days-3 years 85.72 hours.
4-7 years 128.57 hoursi .4.945
B-1 0 yearshours
11-14 years 17.253
Ire
1
years25+
.
Shift
Yearsl Maximum
Pay Period
t aqSe. Accrual F AccrualC
Rates
_
4-7 yearsr e C6.923
8-10 years/ C
1-14 years 264 hours/1 1 shifts10.154
-19 years 288 hours/12 shifts_
11.077
20-24 years 312f 13 shifts12.002
+ years 336 hours/14i
12.923
24
Fire MEG MOU 2023-2026
B. An employeel 1 of any givenr, has completedr 25 years
f service shall receive ime credit of 24 hoursvacation, if a shiftemployee,
r receive 10 hours,if a 40-hour employee.
C. The District ill notify employees,
i writing, within the pay periodprior to the time
that maximum vacationaccrual will be reached that the accrual is approachingthat
maximum.l ill then be requiredl i r,
receive i lieu time to not exceed the maximum.
D. Any full-time I is out about to terminate I t and has earned
vacation time to hiscredit, shall be paidfor such vacationtime
effectivete of such termination. When separationis caused by death of an
payment shall be made to the t f such employee.
E. r vacation accrual purposes only, safety personnel hired
_ prior to July 1, 1996,
are allowed to include r f all firei I . Effective July,
2023, the Cityr may providel rate r new Firet
Employeesi lent of a ten-year employeeit
Annually,F. any employeethat wants to have the Districtvacation
shallirrevocable ti to do so. The irrevocable ishall be
submittedin writingto the City'sResources
December 15 and shalli is the number of hours of vacationthe employee
expects to earn in the following calendar year that the employee# the District
to buy back up to a maximumi r
twiceannually, in June/July (between the last payday in June and the first
i July) first and second payday of the month), and
the employeeindicate the total amount of hours they want paidt i
June/July in November. Regardless of the number of hours requestedto the
cashed t at either time, the most the District can cash out is the number of hours
accrued and available in that calendaryear to te. Employees must maintai
minimum of 40 hours of accrued vacation subsequent to any payment of vacation
time.buyback
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, seriousillness or emergency of
his or her child,t, or spouse or registeredi , grandparent,
grandchild, and sibling,t r of the employee'simmediate famit
defined i i t Personnel Rules, which is incapacitated andirrequires service
of a physician, f the employeeis required.t the conclusion
of the need for time off to carefor a familyw said employeereturn
possible.as soon as I # give the immediate supervi t or FireChief
reasonable ri notice. If the need for sickis not foreseeable,
the employeeshall provide writtenr oral noticeC leave
2
Fire MEG MOU 2023-2026
practicable. I the employee i required to be absent on sick leave for more than one
day, the employeet keep the immediate informed each day as to the
date the employee expectsr of the leave. Failuret
request sick leave as requiredthis i ion without good reason, may result in the
employee beingtreated t without leave. i r of hours that
may be used r sickness, serious illness or emergencyf his child
child,parent, or spouse or registered ipartner, grandparent, grandchild
sibling l t I accrual.
A.Full-time Employees
1® All employeeslaccruing
sick leave as follows -
Personnel M2Ethly Annual Accrual Max. Accrual
r Personnel 10 hoursr limit
Shiftl 12 hours 144 hours No limit
(1 i shifts)
B. Sick
® Personal Sick
Employeesi leave for personalillness, injury, a health -related
r the diagnosis, care or treatmentIt iti )p r
preventive
2. Family Sick Leave
Employeesi leave fortheillness or injury I- I reason
(such as the diagnosis, care or treatment of a health condition), or preventive
care of qualified family
r the purposeiSick Leave, a qualified r means the
employee's: child (includes r dependency status, or for whom the
employee is a legal wardin loco parentis), parent (includes
stoodwho in loco parentisthe employeechild), parent -in-law, 9
registered domesti r@ grandparent, grandparent -in-law, great-
grandparent, great -grandparent -in- law, grandchild, great-grandchild,r
sibling.
Statutory3. Other
Sick leave can be used to cover an absence for an employee who is victim
domesticiI p sexual assault, or stalking t:
a. Obtain or attempt to obtaintemporary_restraining r_other
assistance to helphealth, safety, or welfare oft I r
their it (r ).
Obtainb. i t attention or psychologicalcounseling; from
shelter; program or crisis center, or participate in safety planningr other
actions increase
2
employeestitl to sickleave ith pay while absent from
duty for
the following reasons:
a. Disability i from is r injury purposelyself-inflicted
by his or her own willful misconduct.
b. Sickness r disability sustainedit leave
ExceptD. ifi i ®s R I, sick leave t be used in lieu f orin addition
to vacation.
EmployeesE. r i i!an's certifi i r any sickleave
absence that occurs after the employee has used 40 hours or 4 shiftst
personnel, whichever is greater, or 96 hours for 56-hour personnel, that involves
the illness of the employee or familyr. This requirement does not pertain
to Personal Leave (see ).
F. The Fire i require i t certification that the employee is capable of
and released to return to the performanceall duties of his/her position.
G. In case of voluntary involuntary
_ termination of an elcontinuous
service, except by reason of retirement or lay-off for lack of work or funds shall
abrogateI sick leaveno payment will be made by the District for sickleave
accrued to the timetermination regardless
employee subsequentlyi i t
employeeH. Any incurring ri injury illness whilei ileave
have those days of illness changed to sickleave withvacation
restored Sri provided iient sick leaveaccrued
the periodillness is certifiedi t 4 t,
1. Employees witht ) or more yearsf service
shalli i lconvert
unused sick leave to vacation in accordance withthe following:
Shiftwho, in
precedingI r year,
accruedto 144
(90
to 120 for 40 r week employees)i t in that
precedingr, may exerciseoption i one-half
that i in the precedingv vacation
leave remainder ri over as accrued sickleave.
Employees2. r ( r week employees)
hoursunused f sick leave earned in the precedingcalendar
preceding r year converted to vacation remainder carried
over as accrued sickleave.
3. Any employee who qualifies to convert sickleave to vacationleave must submit
written request to the District on or before January 15th of the year in which
conversionthe is to be made.
J. Upon the retirement f an employee, the employeeI r r more
of the following opti
II back up to fifty _. r cent( ®/) of his/her accumulated unused sickleave
at t regular hourly rate of pay at retirement.
Designate accumulated ick leave for CalPERSi it per
Government Code Section
Apply1ue of up to one hundred percent( ®/accumulated
unused sick leave to the employee'st (if enrolled), at the
employee'sr hourly rate r iplan.
® Conversion
The factor used to convert the accrualsr forty O hour per week personnel to fifty-
six I will be vacation, holiday, and sick
leave-
Basis
Vacationr 56 Hour Conversion_
Factor
30 days-3 years_..1
4-7 years1 .
B-10 years 171.43 240 1.5
11 -19 years 188-58 264 1.57
20-24 years196.58
years25+ 1.57
ugfigu 140 1
Sick 120 144 1.
( t (8-10 yearemployee)
Employee Benefits
Vacation = 100 hours
Holiday
Sick 300 hours
hours472 total 1® 5 (factor) = 708 hours total
if an employeefrom a 56 to 40 hours basis, the conversionill be the
reciprocal f 1.5 or.667
p
Fre MEG MOU 2023-20226
§ 6. Personal Leave
A. The employee shall be granted (1) day paidI leave, in addition
normal leave r, to attend the funeral of a relativein the employee's
immediate famit .
B.
An employee required to appear
before for other than subpoenas due t
actions District ill receive the necessary timei
personal leave, providing:
1. He or she notifiesi r supervisor withi that
relief may be obtained,
2. The employee t return to workwithin reasonable time after the
appearance.
C. Personal Leave will be charged against
any leave account in whicht
appropriatehas accrued an 1 , such as sickleave,i, or
compensatory time. it is the employee'si i is to be charged.
EmployeesD. t_twenty r rued sick leave as personal
I ( incrementally (i.e., 1 hour, '! )
throughout the fiscal year. Use this time r emergency situationsrequiring the
employee's ion and requires priorr their supervisor.
7. Bereavement Leave
When a death occurs in the familyfull-time employee, r_ personnel
it be
grantedt leave withi r i shall be
granted r f bereavement leave withiiothe
acceptable evidencerequired the Cityi r leave
is allowed.
Family rdefined follows: employee's r domestic partner,
employee'srandparents, employee's children,-i -I ,
daughter-in-law, " i i , or employee'sit r , employee's
spouse or tip r's parents, employee's spouse or domesticr'
grandparents, grand parents-in-law,r -i -law, sister-in-law,employee's
or domestic i grandchildren, or a blood relative
residing wi
The City Manager or designee shall approve bereavementleave. (f r
domesticto f r to registered tipartners, as definedCalifornia
Family i .) 40-hour personnel are eligibler up to an additionalforty
() hours of bereavementleave, in additionto the currentlyi i ) hours
shiftand li i tadditional fifty-six ) hours
leave,bereavement in additioncurrently provided twelve (11 )
19
Erie MEGO 2023-2026
hours,is relatedI r domestic
partner, employee's parents, Ioyee's children, son -in law, daughter-in-law, or
employee'i i r domestic partners parents,employee's
spouse or domestic ri t a blood relativeresiding wit I
partiesThe to reviewin June 2024.
8. Compensatory Time
A._In lieu of overtime, those employeesi fire suppression- r -. shift,
at the employee's option,t i t i
CTO ill accrue at the rate of one and one-halffor each overtimeworked.
accumulateAn employee may imum of 144 hours of CTO. Once employee
accumulates 144 hours of CTO, any additional overtime hours will be paid
employeei r her regular overtime rate of pay in the period
addition, all hoursremaining in a represented empl " " p, ill
be paid to the employeethe employee'st at the of the fiscal
year in July and at t"Holiday ti ion Time" buy back periodi
November and the balancein the CTO accountswill be reduced to zerohours.
CompensatoryC. time r for rit the
Board of Directors i tiCommittees,i i
lieu regularly Imeeting meetings called
scheduled as part of the annual budget preparationit.
D. Compensatory time earned r special situation
providedr in the preceding
§ 9. Administrative Leave
Administrative Leave: The following I ifE ions shall earn Administrative
each fiscal year as
follows -follows -
Fire Marshal 50 hours
Deputy Fire i f 75 hours
Fire f 100 hours
Any unused administrative leave, up to a maximum
forty
_ hours. in June of each
fiscalt be soldi t t at the employee's then currentrate.
Administrative leave shall not be carriedthe year in whichit was earned.
§ 10. Military Leave
A. Every employeeis a member of a stater federal reserve militaryishall be
entitled to be absent from serviceit i t while engaged in the performancef
ordered military ite going to or returning from such dutyin accordance with
the laws of the State of Californiar federal government.
30
`ire MEG MOU 2023-2026
B. Employees are entitledthirty i i it leave in any _ fiscal year,
providedthey have been employedthe District r prior to this leave.
Any employee with less than one1) year of service must use accruedl leave
compensatoryor i if he or she wishesto receivenormal
C. Employees who are calledr volunteer for active
service with the armedr f the
United t t II be entitledi t t t to their former positions. Upon
application i t , the individual i t certificate iservice
was other than dishonorable. Howv individual i tpossessing
f reinstatement automatically forfeitsrights voluntary enlistment
term.second
D. Any employee returning from i ith the armed forces shallentitled to such
length f service seniorityv i to them had they remained
periodthat f time i the District.
E. An employee who was in a
probationary ri the time f military leave shall,
upon return, complete the remaining i probationary riaccording
the rulesin t the start of militaryleave.
F.
An employeer fill a vacancy created_ by a servingperson in the armed
forces shall holdposition j to the returnveteran.
affectedt rn shall be restored to hisposition similar
natureit returning resumes the positionpreviously I,
§ 11. Jury Duty
Any member of District is calledrequired to serve as a trial juror may be absent
from duty withDistrict riperiod i itnecessarily being
present in court as a result of such call. Such member on jury duty will continue
receive r p provided he or she:
A. Notifies i r supervisor, in advance, with adequate time remaining so that
relief t i
ReturnedB. it _i reasonable time after being releasedisigned
certificate f service fromthe court stipulatingi release
time.i certificate t ined by asking the court secretary or bailiff. The
employee then forwards it to hisr her supervisor.
C. Pay received ice while absent from District t be turned over to District;
however,ived while off dutyt by the employee.
D. All personnel calledt abide by all oft vrules
returnr if dismissed before the end of their regular work shift.
31
Pre MEG t2023-2026
§ 12. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
membersWhen f the Districtcivil subpoena to appear in court
as a witness due to actions as a District, the followingr ll be
followed:
Personnelill be paid
ttheir rrl rate it are in
. District transportation itl be provided when available. If the employee uses his
r own transporlation,ill be reimbursed i ri t at the prevailing
mileage
c. If the employee is required t appeari that is outsidethe Rancho
Cucamonga Fire iDistrict and thisrequires the employee
and/orbuy a meal i ill be reimbursed.
If an extended appearancein court is necessary wherelodging Iwould
be required, ri tip i from t head.
B. Criminal _
t. Pursuant to CaliforniaL seq., if an employee is served with a
criminal subpoena, the employeeill be paidthe regular hourlyit i
2. District transportti ill be provided' available. If the employeeit
own transportation, they willreimbursed i ri prevailing it
rt.
. If the employee is required in court outsideit
Protection District is appearance requires to buy a meal, he
or she will be reimbursed. in court is necessary where
lodging Is would be required, i ishall be obtainedfrom the Fire
Chief.
criminal t have a court stamp affixed.
13. Leaves of Absence without Pay
A. Upon the writtent of the employee, a
leaveof absence may be granted for
periodt to exceed thirty it i, or a period
one `I) year by the Board of Directors.
B. Failure the employeereturn i r her employment upon the termination
authorizedan titute a separation from servicethat
employee.
C. Leave of absence without pay grantedthe Board shall not be construed as a
breakin serviceemployment. During these periods,vacation, holiday, or sick
leave credits shallt accrue. An employeereinstated leave
32
Fire MEG MO
without pay shall receive the same stepin the salaryreceived
she began the leave of absence. Timet on such leave withoutI not
towardcount i for increases withinI for the purposes of
seniority. r the purposesi ti , the employee's merit increase li i ili
date shall be adjusted to t reinstatement.
approvedD. An employee on an itcontinue medical
insurance rage by paying the full cost to District, in advance, for each month,
r portion thereof, of whichis absent.
§ 14. Natal and Adoption Pay
A. Natal and Adoption it
Employeesi i the bargainingi t l and adoption
leave withi ti it 9 use of the 120 paidhours
does t extend any time additional state and federal
laws. Any paidtime required i initial 120 hours must be charged to sick
leave, vacation, compensatory or floating litime.
NatalB. and Adoptionwithout
The District I provide employees up to four _months natal and adoptionleave for
the birthi f a child;I rsuant to the provisions of the
California i ilit t (" "Q California Governmentsection
, if applicable.District's li is incorporated herei reference.
Employees on this leave of absence withouti ill be
responsible t of medical,dental and optical premiums to keep the
coveragein force duringthe leave of absence,
ARTICLE IV GRIEVANCE PROCEDURE
1. Purpose
This articleis intended to providefir and orderlyprocedure for the resolution
employee. A grievanceis a claimedi I i, misinterpretation, misapplication,
noncompliancei existing i i resolutions, i rules,
policies, procedur, orders and regulations, i t. This grievance
shallprocedure ii i r to reviews performance
evaluation reports or to dischargef probationary employees.i i li
include l warnings, written reprimands, suspensions, reductions in pay which
the result of transfer or reassignment, i , dismissal or any other actionwhich
consistsf property as saidr is definedthe courts in the disciplinary
context( Reassignments and/ort that result in a loss of compensationshall
be deemed to be disciplinaryactions.)
grievanceThe is establishedi the following objectip
Fire MEG MOU3- 02
A. To settle disagreements _at the employee -supervisor levl,i if possible.
provide orderly _to handlegrievances.
resolve i vances as quickly as possible.
correct, if il, the cause of grievances to prevent future similar complaints.
E. To provide
for
two-wayt f communication by makingit possiblelevels
of supervision to addressr lit, and questionsraised
F. To reduce the numberf grievances by _ allowing
_ expressedthereby
adjusted and eliminated.
promotei relations general_employees,_t it supervisor
and the administrativestaff.
H. To assure fir and equitabletreatment r all employees.
3. General Provisions
A. Preparation of a gi v ill be accomplishedin such a manner and at a time
that ill not interfere withl required r
B. The Board of Directorsr its individual ll not be approached
employees r their representatives at any ti t the grievanceis being
processed.
FailureC. f the grievant to complyi time limitations specifi in the grievance
procedureI constitute a withdrawalgrievance, except upon a showing
of good cause for such failure.it i ri t supervisory or administrative
to comply withspecified i limitations shall permi the grievant to proceed to the
next step in the procedure. o Notwithstanding the above, an extension
of time is permittedi the mutual consent of bothparties.
D. In the _ event a grievant _ represent himself or herself ori represented
counsel other than that provided by the employeeorganization, the employee
organization Il be apprised of the natureresolution f the grievanceif the
issues involved arewithin f said organization'srepresentation rights.
individual in a disputeis unavailablewithin the time ispecified
in these procedures, time limitations can be extended by mutual agreement of the
representatives the respectiveparties.
3
Fire MEG0- C
F. y period of timespecified in this l r the givingf notice or taking
actionIholidays.
G. Unless otherwise
specifically provided r i, the t "days" shall mean
businessii" Administrative i
arbitrator t have authorityi if a matter is withini i i
of a "grievance" r is timely i r otherwise administrativelyprosecuted
timelyi .
® Informal Grievance
Most problems or complaintsif the employeeill promptly,if ll
amicablyand them withi r her immediate i initial
discussion shal precede any use of the formal grievance procedure.lthe immediate
supervisor it reply to the employee withint , ort is not
satisfiedith the decision, the employeeutilize the Formal Grievance
Although invocation Informal Grievancet mandate
submission of thi in writing, the immediate supervi t shall document the
subsatnce of the grievableproblem lit within seven ( f the datethat
he employee knew or should reasonablyof the i t the problem
r complaint, shall constitutei the employee of the abilityto utilizethe
grievance procedure.
5. Formal Grievance Procedure
A.
Step I
The employee and/or representative shall pr the grievance, in writingsigned,
to hisimmediate i r within fifteen t that cause for
grievanceises. An official grievance form must be used statingnames, dates, times,
place, and nature of grievance, Iii the grievancefits withindefinition
f"grievance" t forth i t above. The employee'si t
resolve the grievancei Ishall submit his or her decisionin writing
to the employee withint receipt ievance. The employee shall
have the right decision f the supervisorit i.
B. Step I
1. If the grievanceis notr to satisfaction the employee,grievant
has seven (7) days following it of the writtenresponse from hisr her
supervisorto filewritten I to the FireChief or designatedrepresentative.
. Written appeal to the Firei r designated
representative sl consist of the
statement ievance and shall include t i "
representative settingremployee's
supervisori t satisfactorily resolvegrievance indication of the
action it the grievant, The writtenII explain why the grievance
fits withindefinition "grievance" as set forth i .
. After submission f the written_ i, the Fire Chief or designeel reply within
_t days, in ii , to the grievant regarding the grievance.t of
rejection, rfor so doingi included in the t
C. Step i
. If the grievanceis not resolved to the satisfactionthe employee, the grievant
has seven O days following receipt the writtenit i t
designeeto filei i i icer f the District.
The CEO may designate a representativeto act in hisr stead.
. Written appeal to the CEO or designatedrepresentative shall consist oft
statement the grievanceinclude a statement by the grievant's
representative seti reasons why the response of the Firei t
designeeid not satisfactorily resolve i indication of the act
desired by the grievant, The writtenI shall explainthe grievancefit
within the dei iti "grievance" as forth i ,
3. After submission
i f the written1, the CEO or designeel reply i
writing withini (150 days, to the grievanti i . The
reasons for the decisionill be included in the response.
4. Section 1 PURPOSE definedgrievance
.i violation,
misinterpretation, i li ti iance with existingDistrict ,
resolutions, written r, policies, procedures, orders and regulations, or this
document. The decisioni il address whether or not
the complaint l is grievablegrievance definition
set forth in § 1 is timelyit t ise administrativ
timelyprosecuted on a In the event thattdesignee
determinesthat t complaint is not defined1 above as a
grievance and/or is i l r otherwise administrativelyt i
timely i, the CEO or designee shallt unless or until
application by the employ, a judgment is enteredt the trial court level,
indicative of the complai ing jurisdictionally grievable
definitions set fori r pursuant to requirements i li
D. Step I
1 e If a grievanceis not resolved by the CEO or designeei i i"
pursuantt rules and regulations, i ri and/or timely) then
within seven i f service by the CEO or designeegrievance i i ,
the employee may further appeal to bindingarbitration. i I be timely
only if it is received in the office of the CEO or designeet later t ()
servicedays after f the grievabledecision the CEO or designee.
2. The employee's appeal shall stateit ifi it the identification of the Di _ri
Codes, resolutions, writtenrregulations sections of this i
is claimedviolated. I shall additionallyispecificity
all allegationswhich the grievanceis based, and the specificrelief
3. Within r receipt f_valid 1, the CEO or his _ designee
request of the Californiat ili ti Mediation i, that it submit
lit ) arbitrators for hearing of the grievance.r designee shall
direct that a copy oft lit of arbitratorssent to the CEO
designee,or
4. Absent mutual selection of an arbitrator from either the submittedi i ,
the arbitrator shall be chosen by an initial i the coin,iprevailing
employee or CEO/designee havingi i first strike or directing
that the opposingit ri Following Iternate striking, the one
remaining arbitration candidate ll be deemed the appointedarbitrator.
5. The arbitrator shall conduct the hearingtime I t lagreed
by both parties.
. The hearingl i i certified reporter. The
shorthand reporter shall be selectedthe employee.
T, All fees and expenses of the arbitratorl rne equally by the parties.
8. All fees and expenses related to the securingrepresentative / l
counsel, the preparationtranscripts, i t
to the presentation f evidence, shall be borne by the party at whose directioni
expense is incurred.
9. The per them fee of the shorthand reporter shall be borne equallythe parties.
The t of transcription shall be borne by the r i the transcript.
Neither10. l or California State Rulesf Evidence shall be binding
evidentiary issues at the hearing., such authoritiesconsidered
arbitratorthe in rendering jai ti rulings. i r ia Administrati
Procedure t shall specificallyf no applicationthe hearingprocess.
11. Although the Rulesi ll not be strictlyr t, hearsay a would
be inadmissible in a civil or criminalproceeding in and of itself support a
finding itr without corroboration. In , the arbitrator shall admit
evidencei is of such reliability that reasonable personsrely upon it in the
conduct of serious the hearing.
12. The burdens of proof and production vishall be bornethe employee
preponderanceand shall be by a f the evidence.
13. Notl t 1 prior to the datet of the hearing, the
partiesI exchange lists it intends to call at the hearing, and a
lit of documents it intends to introduce the hearing.i ll be
attached to the notificationsi r herein, and the notificationsactually
be in receiptthe opposingf t ( 1prior
commencement of the hearing.i ty with saidrequirements I
result in exclusioni testimony and/or rejection of exhibitsdesignated
in the submissions._
14. The arbitrator
shall be empoweredto issue subpoenas for the i
documents.persons and it II designate the subpoena form
utilized in such case. The CaliforniaCivil Procedure, the Evidence
and other applicable t tues shall applythe validityf
subpoenas and to the methodi of the
15. No later than thirty O days after closuref the record, tarbitrator
binding i s regarding issues at dispute, and shall submittbinding
opinion the employee,t ite Chief and to i f Executive Off icer of the
District.
16. The conduct of the arbitrationproceedings shall be governed this MOU, and not
1280 et seq.
ARTICLE V DISCIPLINE
District and Uniont and conferred and adoptedi i iwhich
amends District r Ie XXIV. This procedureit li iGovernment
SectionsCode p commonly referred to as t "Firefighter's Bill of Rights"( .
The Fire Chief is i ill" and not subject to the general discipline
However, the Firei is entitledto protectionr the FBOR and will be affordedall FBOR
rights. Under the FBOR, a FireChief cannot be removed without affording himwritten
notice, the reason(s) for removal, and an opportunityi i i l® and provides
that the following is a non -exhaustive list f satisfactory reasons a Firei a
1) implementation I policies the employingp) incompatibility
styles,management administration.
ARTICLE VI SAFETY
District loyees shall conformit lhealth, safety,
sanitation requirements imposed by District, state or federal law or regulations
stateadopted under r federal
38
Fare MEG MOU 20 - 026
employee2. No Discrimination
No I in any way discriminated against result of reporting
condition believed violation i it
§ 3. Safety Equipment
Should the employment
_ duties l i the unit, in the estimationf
require iemployee
District i equipment or
§ 4. Employee Responsibility
In the course of performingit normally assignedI ill be alertt
observe unsafe practices, equipment,ii I as environmental
conditions in their immediate area whi t t health hazards and willreport
conditions it immediate i I employees shall make certaint all
power machinery is equippedi ty devices properlyinstalled in working
condition - t in the handlingl i t.
Employeesl report all accidentsimmediately to their immediate supervi t
shallReports be submiftedforms r i District.
Smoking
agreedEmployees have t and abidethe District "Smoking Policy," as
written Chief.
ARTICLE V111 MANAGEMENT RIGHTS
§ 1. Scope of Rights
It is understoodagreed that District possesses the soleright-and authorityt
operateit t the employeesi ri t in all aspects, except as modifiedin this
Memorandum of Understanding, rights include,limited t
A. The right t_ determine its mission, policies, f service_ to be provided
to the public;
plan,
direct, control, and determine operations iconducted
employeesby i ti ;
C.
To determine the methods,
number_of personnel needed to carry
District's i i ;
DTo direct tworking forces;
hire,
assign, or transfer I within i t t9
promote,
t tsuspend,
discipline, r discharge employees;
G. To layoff or relieve funds orf legitimate
reasons.provision within this i rules regulations
policy r procedure promulgatedthe Cityr any Department of the Citywhich
prohibits the imposition layoffs, is deemed null and void);
H. To make, publish, and enforcerules regulations,
1® To introduce new or
improved__ equipment, or facilities;
ili i 9
contractt for goods and services;
take any and allactions to carryout the i i f District
in situationscivil emergency as may be declaredDirectors
Fire i
assignL. To schedule and work;
W To establish r productivity standards.
_p Emergency i®
ons
If in the solediscretion f the Board of Directors or`Fire Chiefit is determined
extreme civil emergency conditionsexist, including, t limited t, riots, civil
disorders, earthquakes,floods, or othersimilar catastrophes,t rii of this
duringMOU may be suspended time rprovided that
rateswage t fringe fit I not be suspended.
ARTICLE Vill EMPLOYEE RIGHTS
The Fire i ri t shall provide thirty minutes tually agreeable time during the
employee onboarding process for a Firet Employee Group (Group)
representative to meet withI r t the benefitsbeing
member of the Group.i Ioyees occurs duringfirst working
startthe pay - period to 26 times it i i ill provide a calendar
before the start f a new year. A Group representative will have up to 30 minutesf
uninterrupted time to meet with new Group covered employees.Prior ti F or in no
case later than the meetingtime, the FireDistrict will provide the name and job assignment
of the new employee to the Group representative. The Fit E ti t will provide the designated
Grouprepresentatives iall available information t the employeerequired r
AB 119 withinf the employeest the FireE i t will providethe
required information on alI Group covered employeesi ited under AD 119 at least
t times per year.
ARTICLE IX MAINTENANCE OF BENEFITS
All benefits enjoyed by the employees at the present time, i included in nor
specifically this remain in full r t; provided, however,
that upon the mutual agreement of the parties, the meet and confer process may be initiated
to address proposed changes. This Articleis not to be interpreted affecting t rights
C�
Fire E MOU 2023-2026
r obligations the respective i ., of the CaliforniaGovernment
ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS
This MOU is subject to approval by the Board of Directorsf District. The partieshereto
performto ter acts are necessary bothjointly I the Board t
approvei in its entirety. Following approval of this the Board,
its terms and conditionsI be implemented by appropr! t r i , resolution, or other
lawful action.
ARTICLE XI PROVISIONS OF LAW
is understood and agreedt this MOU and employees are subject to all current and
future applicable Federal and State laws aregulations the current provisions of
District law. If any part or provisionsi is in conflict or inconsistent wit
applicable pii f those Federal, State, or District enactments or is otherwisel
to be invalid r unenforceable by any court of competenti ii r provision
shallr applicable law or regulations,
remainder ishall not be affectedthereby. If any substantiveprovision
of this MOU is suspended or superseded,t i r re-openi i
regardingiions with the understandingthat t
total ion to employees under thisI reduced or increased
result of thisArticle.
B. District and Firerecognize_r this i. personnel matterst
covered in this t, the current District Personnel Rules as amended and effective
shall apply. The Personnel Rules applicableto the AssociationII not be changed for
the durationthis
ARTICLE X111 TERM
The term _of thisshall run from , 2023,t including -59 pm. on June
30,2026.
ARTICLE X1111 NEGOTIATION OF SUCCESSOR MOU
In the event either party wishesto negotiater MOU, the partiesagree
negotiations C commence on or about December 1, 2025.
�f ]
Fire t M t3 ,9 3- 26
Fire MEG Fire District
/
Date Date
Chad Comeau Jahn R. Gillison
Firs Battalion Chief City Manager
7enip
Humancar Director
Fire i
Fire i r Classification ® (effective the
_ first full pay periodfollowing _ ti i
and implementation of an Emp! I Relations ! ti
Fire i r position moves from Fireit t`
a Salary Range ( f th). The FSSA and Fire Meg Salaryschedules
would be amended automatically,
0 The incumbent would see a minimum% salary adjustmentto the t nearest step
effective the first full pay periodfollowing ti implementation
EmployeeEmployer I i Resolution.
0 The incumbent would be eligiblemerit increase on existinganniversary t
Administrative Leave l r fiscal .
/ District paid contributionto deferredt tiroe the first full pay period
following i ti implementation of an Employer Employee Relations
Resolution. fCompensation is paidinto the 401 a This is the same benefit
as the I g Financeiion, which we viewequivalent ii t
Fire i
Theses _Sections I_ be incorporated into the next MOU assumingthe EERR is adopted,
and the position to Fire
3
Pre MEG MOU20P3-6