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HomeMy WebLinkAbout03-035 - Resolutions RESOLUTION NO. FD 03-035 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AMENDING THE 2003-04 MEMORANDUM OF UNDERSTANDING BETWEEN THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEES AND THE FIRE SUPPORT SERVICES ASSOCIATION. WHEREAS, Article VIII (Reopeners) of the 2003-04 Memorandum of Understanding ("MOU") between representatives of the Rancho Cucamonga Fire Protection District and the Fire Management Employees Group and the Fire Support Services Association provides for a reopener whereby either or both parties to the MOU shall be authorized to propose any and all modifications to the existing grievance procedure, including but not limited to adding procedures for processing disciplinary matters separate and distinct from the processing of non-disciplinary grievances, and; WHEREAS, representatives of the parties have implemented the reopener clause as regards modifications to the grievance and disciplinary review procedures, and; WHEREAS, representatives of the parties have fulfilled their mutual obligations to meet and confer in good faith regarding adoption of the modification to the grievance and disciplinary review procedures, NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors authorized, and it does hereby authorize, an amendment to said contracts, a copy of said amendment attached hereto and by such reference made a part hereof as though herein set out in full; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Board of Directors d oes h ereby approve entry of this amendment into the 2003-04 Memorandum of Understanding with the Fire Management Employees Group and the Fire Support Services Association. Please see the following page for formal adoption,certification and signatures Resolution No. FD 03-035 Page 2 of 17 PASSED, APPROVED, AND ADOPTED this 5`"day of November 2003. AYES: Alexander, Howdyshell, Kurth, Williams NOES: None ABSENT: Gutierrez ABSTAINED: None William J. lexander, President ATTEST: 4&a6�u V1 Debra J. Adar6s, Secretary I, DEBRA J. ADAMS, 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 5`h day of November 2003. Executed this 6'h day of November 2003 at Rancho Cucamonga, California. u. &ex . Debra J. Ada s, Secretary Resolution No. FD 03-035 Page 3of17 Initial District Proposal EXHIBIT I Page I of 11 ARTICLE IV GRIEVANCE PROCEDURE § L Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances. A grievance is a claimed violation, nrisinterpretation, misapplication,or noncompliance with existing District codes,resolutions,written Hiles, 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 ofprobationary 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 properly as said term is defined by the courts in the disciplinary context (Reassignments and/or transfers that result in a loss of compensation shall not be deemed to be disciplinary actions.) §2. Ob ectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. 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 supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. §3. General Provisions A. Preparation of a grievance will be accornplished in such a manner and at a time that will not interfere with normally required work pH8559 Resolution No. FD 03-035 Page 4 of 17 ' Initial District Proposal Page 2 of 11 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 ofDisuict 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. 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 detemtine 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 the Informal Grievance Procedure does not mandate submission of the grievance in writing,the immediate supervisor shall document the substance of the informal grievance meeting. Failure by the employee to advise the immediate supervisor of the grievable ariesss Resolution No. FD 03-035 Page 5 of 17 Initial District Proposal Page 3 of 11 problem or complaint within seven(7)days of the date that the 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. Sten I The employee and/or representative shall present the grievance,in writing and signed,to his or her immediate supervisor within fifteen(15)twenty (20)days of the date that the employee knew or reasonably should have known of the events giving rise to the grievance.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. 3. After submission of the written appeal,the Fire Chief or designee shall reply within fifteen(15)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 kH 8559 Resolution No. FD 03-035 Page b of 17 Initial District Proposal Page 4 of 11 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 set forth in§ 1 above. 3. After submission of the written appeal,the CEO or designee shall reply in writing within fifteen(15)days,to the grievant regarding the grievance. The reasons for the decision will be included in the response. 4. Section 1 PURPOSE defines 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§ I above and/or is timely filed or otherwise administratively prosecuted in 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 advise the employee that the complaint is not grievable and the grievance 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 ry 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 the matter by filing with the office of the CEO or his designee a written 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 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. anesss Resolution No. FD 03-035 Page 7 of 17 Initial District Proposal Page 5 of 11 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 the 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. ai tesla Resolution No. FD 03-035 Page 8 of 17 Initial District Proposal Page 6 of 11 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(10th)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 statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. Not 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 DISCIPLINARY APPEAL § 1. Purpose This article is intended to provide a fair,orderly,and due process compliant procedure whereby employees can seek review of disciplinary actions. Disciplinary actions shall be defined as: 1)oral warning, 2)written reprimand,3) suspension without pay,4)reduction in pay which is not the result of transfer or reassignment,5)demotion, 6) dismissal. Transfers or reassignments resulting in a reduction in bonus or related compensation shall not be considered disciplinary action and shall not be action subject to review pursuant to either this MOU or any other District rules,policies and regulations. Further,oral warnings and written reprimands shall not be subject to appeal beyond the level of the Fire Chief or designee as set forth below. Performance evaluation reports and/or the discharge of probationary employees shall not be subject to review pursuant to this Article. §2. General Provisions A. Preparation of an appeal will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. a�iasta Resolution No. FD 03-035 Page 9 of 17 Initial District Proposal Page 7 of 11 B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the appeal is being processed. C. Failure of the appellant to comply with time limitations specified in the appeal procedure shall constitute a withdrawal of the appeal,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 appellant 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. Any period of time specified in this rule for the giving of notice or taking of any action excludes weekends and holidays. E. Unless otherwise specifically provided for herein, the term"days" shall mean business days of the District's Administrative offices. F. Neither a hearing officer nor the CEO shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner. §3. Pre-Disciplinary Notice A. In those instances where a supervisor intends that a disciplinary action consisting of the loss of property(suspension,reduction,demotion or dismissal),the supervisor intending to issue said recommendation shall provide the affected employee with a written notice prior to imposition of any such disciplinary action. Said written notice shall at a minimum, consist of the following: 1. A statement of the disciplinary action that is being proposed. 2. The proposed date of imposition of said action. 3. A statement of the basis for said proposed action. 4. The Notice shall include as attachments,the materials upon which the proposed action is based(with the exception of the employee's personnel file, which need not be attached to the Notice). 5. A statement of the method for participating in a pre- disciplinary review of the proposed action. k718589 Resolution No. FD 03-035 Page 10 of 17 Initial District Proposal Page 8 of 11 B. At the discretion of the Fire Chief a Notice of Intended Disciplinary Action can be issued by either the Chief or his designee. C. Not later than five(5)days after being served with the Notice of Intended Disciplinary Action,the employee shall serve the Fire Chief or designee with a written request to convene such a meeting. The pre-disciplinary review meeting shall be conducted not later than five(5)days thereafter. The employee has the option of waiving participation in a pre- disciplinary review meeting, and instead may respond to the Notice of Intended Disciplinary Action in writing. If the employee so elects,the employee's substantive written response to the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee within five(5)days of service of the Notice of Intended Disciplinary Action. D. The pre-disciplinary review meeting shall be a non-evidentiary, informal meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There shall be no subpoena power as regards said pre-disciplinary review meeting and there shall be no examination of witnesses. Rather,the purpose of the meeting is for the subject employee to provide the Fire Chief or designee with an informal rebuttal to the findings and conclusions set forth by the Fire Chief or designee. E. If the employee does not elect to participate in a pre-disciplinary review meeting,then the Fire Chief or designee shall issue a Notice of Disciplinary Determination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. F. Regardless of whether or not the Notice Intended Disciplinary Action is issued by the Chief or a designee,the Chief shall preside over any timely requested pre-disciplinary review proceeding and shall issue a determination either rejecting, modifying or sustaining the nature of the proposed action. However,the pre-disciplinary review proceeding shall not result in an increase in the severity of the proposed action without an amended Notice of Intended Action being first drafted and served and which so reflects the Fire Chief s recommendation. G. The Fire Chief shall cause the Notice of his post-review determination to be served upon the employee and/or the employee's representative. H. The decision by the Fire Chief or designee shall address whether or not the appeal of the employee is appealable pursuant to the definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the event that the Fire Chief or designee determines that the p11E559 Resolution No. FD 03-035 Page 11 of 17 Initial District Proposal Page 9 of 11 employee's appeal is not defined as such by§ 1 above and/or is not timely filed or otherwise administratively prosecuted in a timely manner,the Fire Chief or designee shall advise the employee that the matter is not appealable and the appeal shall proceed no further unless or until on application by the employee,a judgment is entered at the trial court level,indicative of the matter being jurisdictionally appealable pursuant to the definitions set forth in§ 1 above and/or pursuant to requirements of timeliness. § 4. Hearing Officer Appeal A. This Step III shall only be applicable to an appeal of disciplinary actions consisting of a deprivation of property(suspension, reduction, demotion or dismissal). B. If an appeal is not resolved by the Fire Chief following a pre- disciplinary review meeting,then within seven(7)days of service by the Fire Chief or designee of his decision,the employee may further appeal the matter by filing with the office of the Fire Chief or his designee a written appeal to an advisory hearing officer. Said appeal shall be timely only if it is received in the office of the Fire Chief or designee not later than seven(7)days after service of the appealable decision by the Fire Chief or designee. C. The employee's appeal shall state with specificity all allegations of facts and law upon which the appeal is based, and the specific relief sought. D. Within ten(10)days after receipt of a valid appeal,the Fire Chief or his designee shall request of the California State Conciliation and Mediation Service,that it submit a list of seven(7)hearing officers for hearing of the appeal. The Fire Chief or designee shall direct that a copy of the list of hearing officers be sent to the employee and to the Fire Chief or designee, as well. E. Absent mutual selection of a hearing officer from either the submitted list or otherwise,the hearing officer shall be chosen by an initial flip of the coin,with the prevailing employee or Fire Chief/designee having the option of making the fast strike or directing that the opposing party make the first stake. Following alternate striking,the one remaining hearing officer candidate shall be deemed the appointed hearing officer. F. The hearing officer shall conduct the hearing at a time and place mutually agreed upon by the parties. G. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. averse Resolution No. FD 03-035 Page 12 of 17 Initial District Proposal Page 10 of 11 H. All fees and expenses of the hearing officer shall be borne equally by the parties. I. 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. J. The per diem fee of the shorthand reporter shall be bome equally by the parties. The cost of transcription shall be home by the party ordering the transcript. K. 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 hearing officer in rendering evidentiary rulings. Further,the California Administrative Procedure Act shall specifically be of no application to the hearing process. Additionally,the Fire Chief or designee shall be specifically authorized to call the employee or any other individual as a witness during his case in chief or otherwise as the Fre Chief or designee may deem appropriate. L. 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 hearing officer without corroboration. In general,the hearing officer shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. M. The burdens of proof and production of evidence shall be borne by the Fire Chief. The standard of proof shall be by a preponderance of the evidence. N. 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(10th)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. O. The hearing officer shall be empowered to issue subpoenas for the production of persons and documents. The hearing officer shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure,the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. #176559 Resolution No. FD 03-035 Page 13 of 17 Initial District Proposal Page 11 of 11 P. Not later than thirty(30)days after closure of the record,the hearing officer shall render a written advisory opinion regarding the issues at dispute, and shall submit the advisory opinion to the employee,to the Fire Chief and to the Chief Executive Officer of the District. § S. CEO Decision A. Within thirty(30) days after receipt of the hearing officer's decision,the Chief Executive Officer shall advise the parties in writing pursuant to paragraph 4,below, of whether or not the hearing officer's recommendation is adopted. If adopted,the Chief Executive Officer need not review transcripts of the proceedings. If the Chief Executive Officer adopts the hearing officer's recommendation,then it shall be considered a final determination. B. In the event that the Chief Executive Officer determines that the hearing officer's recommendation may be subject to rejection or modification,the Chief Executive Officer shall within thirty(30) days of receipt of the appeal so notify the parties and shall order a transcript of the proceedings before the hearing officer with copies to the employee and the Fire Chief hi such case,the cost of producing the transcript of the proceedings shall be home equally by the parties. Within thirty(30)days of service of the transcript,the employee and the Fire Chief may submit to the Chief Executive Officer,a written memorandum of points and authorities in support of their respective positions. C. Within thirty(30)days of receipt of the legal briefs,the Chief Executive Officer shall render a final determination either sustaining,modifying or rejecting the hearing officer's recommendation. The Chief Executive Officer's decision shall be submitted to the parties in writing and shall be final upon service being made by mail. D. Allowable judicial review of the Chief Executive Officer's decision shall be sought within the time constraints of CCP § 1094.6(mandating that a petition for peremptory writ of mandate shall be filed not later than the ninetieth day following the date on which the Chief Executive Officer's decision is mailed by first-class mail,postage pre-paid, including a copy of the affidavit or certificate of mailing). xnesse Resolution No. FD 03-035 Page 14 of 17 AMENDMENT TO 2003-2004 MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE SUPPORT SERVICES ASSOCIATION WHEREAS Article VIII REOPENERS of the 2003-2004 Memorandum of Understanding("MOU')between representatives of the Rancho Cucamonga Fire Protection District and the Support Services Association provides for a reopener whereby either or both parties to the MOU shall be authorized to propose any and all modifications to the existing grievance procedure,including but not limited to adding procedures for processing disciplinary matters separate and distinct from the processing of non-disciplinary grievances,and; WHEREAS representatives of the parties have implemented the reopener clause as regards modifications to the grievance and disciplinary review procedures, and; WHEREAS representatives of the parties have fulfilled their mutual obligations to meet and confer in good faith regarding adoption of and modification to the grievance and disciplinary review procedures, NOW THEREFORE, the parties do hereby agree that the GRIEVANCE PROCEDURE and DISCIPLINARY APPEAL process as set forth in Exhibit 1 to this AMENDMENT, shall be implemented upon approval of this AMENDMENT by the Board of Directors of the District. Exhibit 1 shall supersede any and all pre-existing policies,procedures,rules, regulations and/or practices,wherever or however memorialized or codified whereby grievances and/or disciplinary matters were subject to administrative or other review. IT IS FURTHER AGREED that in the event that the Board of Directors of the District implements or otherwise adopts a successor to the grievance/disciplinary review process set forth in the 2000-2003 MOU between representatives of the District and the Rancho Cucamonga Firefighters' Local 2274,the provisions of any such procedure shall supersede conflicting provisions in Exhibit 1 and/or shall supplement Exhibit I to the extent that said procedures applicable to Local 2274 are in addition to or otherwise different from the procedures found in Exhibit 1. Any such modifications to Exhibit 1 shall be effective upon Board of Director implementation and/or adoption of a Local 2274 grievance/disciplinary appeal policy as referenced herein. Date: ����3 Date: Fire Support Services District Michelle Devoux-Thomas -George S. Rivera Administrative Services Manager RMKJdiruiisais Page 1 oft Resolution No. FD 03-035 Page 15 of 17 Date: 91/5103 Date: 17-e�f Fire Support Services District Alo� Robi Brock Richard M.Kreisler FMIF Technician Approved by action of the Board of Directors on this day of August 2003. RMK/dd#118816 Page 2 of 2 Resolution No. FD 03-035 Page 16 of 17 Drafted September 9,2003 / AMENDMENT TO 2003-2004 MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE FIRE MANAGEMENT EMPLOYEES GROUP WHEREAS Article VIII REOPENERS of the 2003-2004 Memorandum of Understanding("MOU")between representatives of the Rancho Cucamonga Fire Protection District and the Fire Management Employees Group provides for a reopener whereby either or both parties to the MOU shall be authorized to propose any and all modifications to the existing grievance procedure,including but not limited to adding procedures for processing disciplinary matters separate and distinct from the processing of non-disciplinary grievances, and; WHEREAS representatives of the parties have implemented the reopsner clause as regards modifications to the grievance and disciplinary review procedures, and; WHEREAS representatives of the parties have fulfilled their mutual obligations to meet and confer in good faith regarding adoption of and modification to the grievance and disciplinary review procedures, NOW THEREFORE,the parties do hereby agree that the GRIEVANCE PROCEDURE and DISCIPLINARY APPEAL process as set forth in Exhibit 1 to this AMENDMENT, shall be implemented upon approval of this AMENDMENT by the Board of Directors of the District. Exhibit 1 shall supersede any and all pre-existing policies,procedures,rules, regulations and/or practices,wherever or however memorialized or codified whereby grievances and/or disciplinary matters were subject to administrative or other review. IT IS FURTHER AGREED that in the event that the Board of Directors of the District implements or otherwise adopts a successor to the grievance/disciplinary review process set forth in the 2000-2003 MOU between representatives of the District and the Rancho Cucamonga Firefighters' Local 2274,the provisions of any such procedure shall supersede conflicting provisions in Exhibit I and/or shall supplement Exhibit 1 to the extent that said procedures applicable to Local 2274 are in addition to or otherwise different from the procedures found in Exhibit 1. Any such modifications to Exhibit 1 shall be effective upon Board of Director implementation and/or adoption of a Local 2274 grievance/disciplinary appeal policy as referenced herein. Date: Date: ((/0;3- FireMEG District � t Peter Bryan -George S.Rivera Battalion Chief Administrative Services Manager RM 0#118818 Page I oft Resolution No. FD 03-035 Page 17 of 17 r . Date: —0 3 Date: FireMEG District 164�2e C z Mike Bell Ricliard K.Kreisler Battalion Chief Approved by action of the Board of Directors on this day of September 2003. RMK/dlt#118816 Page 2 of it