HomeMy WebLinkAbout04-007 - Resolutions RESOLUTION NO. FD 04-007
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF RANCHO CUCAMONGA FIRE PROTECTION
DISTRICT, RANCHO CUCAMONGA, CALIFORNIA,
ADOPTING A FISCAL YEAR 2003-2004 MOU BETWEEN
REPRESENTATIVES OF THE DISTRICT AND RANCHO
CUCAMONGA FIREFIGHTERS LOCAL 2274
A. RECITALS.
1. Representatives of the Rancho Cucamonga Fire Protection District
(hereinafter "District') and the Rancho Cucamonga Firefighters Local 2274
(hereinafter "Union") have met and conferred in good faith and negotiated a
fiscal year 2003-2004 successor to the fiscal year 200-2003 Memorandum of
Understanding (hereinafter "MOU") between them. Said 2003-2004 fiscal
year MOU is attached hereto and incorporated herein by reference as Exhibit
A.
2. All prerequisites of law have been complied with prior to adoption of this
RESOLUTION.
B. RESOLUTION.
NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire
Protection District does hereby find, determine and resolve as follows:
1. In all respects, as set forth in RECITALS, Part A, of this RESOLUTION.
2. To adopt and implement the Fiscal year 2003-2004 MEMORANDUM OF
UNDERSTANDING BY AND BETWEEN THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT AND THE RANCHO CUCAMONGA
FIREFIGHTERS LOCAL 2274, attached hereto and incorporated herein by
reference as Exhibit A.
C. The Secretary shall certify to the adoption of this RESOLUTION.
please see the following page for
formal adoption,certification and signatures
Resolution No. FD 04-007
Page 2 of 29
PASSED, APPROVED, AND ADOPTED this 2151 day of April 2004.
AYES: Alexander, Gutierrez, Howdyshell, Williams
NOES: None
ABSENT: Kurth
ABSTAINED: None
William . Alexa er, President
ATTEST:
Debra J. Ad s, 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 21" day of April 2004.
Executed this 22"'' day of April 2004 at Rancho Cucamonga, California.
Debra J. Ada Secretary
Resolution No. FD 04-007
Page 3 of 29
Fiscal Year 2003-2004
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT
AND
THE RANCHO CUCAMONGA
FIREFIGHTERS LOCAL 2274
Resolution No. FD 04-007
Page 4 of 29
PREAMBLE
This Memorandum of Understanding("MOU"hereinafter)is made and entered
into by and between the Rancho Cucamonga Fire Protection District("District"hereinafter), and
the Rancho Cucamonga Fire Fighters' Local 2274("Union"hereinafter).The terms and
conditions contained in this MOU are applicable to all full-time employees within this unit and
contain the complete results of negotiations concerning wages,hours and other terms and
conditions of employment for said employees represented herein.
ARTICLE I RECOGNITION
Pursuant to the provisions of existing rules and regulations and applicable State
law,District hereby acknowledges Union as the exclusive recognized employee organization for
the representation unit,which includes non-management safety employees of District,who are
employed on a full-time basis.
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ARTICLE II COMPENSATION
§ 1. Salary Ranges
A. The Union agrees to contribute out of their cost of living adjustment
contributions to the union's salary and benefits.
Salary ranges for all classifications represented by Union shall be
adjusted,effective July 1,2000 by 4.40%to the base salary,effective July 1,2001 by 4.40%to
the base salary and effective July 1,2002 by 4.40%to the base salary. Specific salary ranges for
each class are as set forth in Exhibit"A",Exhibit"B", and Exhibit"C"attached hereto and by
this reference incorporated herein.
B. Survey Cities: Union and District agree the survey cities shall be
Fullerton,West Covina,Corona,Ontario, Orange,Riverside,San Bernardino City and Upland
May 1 st of each year, a survey of the identified labor market cities shall be completed,reviewed
by the Union and District, and used as the comparison basis for any negotiations regarding
market equity adjustment and cost of living adjustment. This survey shall not obligate District to
implement any salary increase(s).
§ 2. Salary Plan
A. Salary Ranges
The base salary ranges for all classes in the bargaining units shall consist of
ranges having five(5)steps, labeled A through E,with approximately five percent(5%)between
each step.Placement within the range shall be in accordance with the following:
Resolution No. FD 04-007
Page 5 of 29
1. Salary on Appointment
New employees shall be compensated at Step"A" of the salary
range to which their class is allocated If unusual recruitment difficulties are encountered or a
candidate is exceptionally well qualified, appointment at a higher step in the salary range may be
authorized by the Fire Chief.
2. Merit Salary Adjustments
Advancement within a salary range shall not be automatic,but
shall be based upon job performance and granted only on the recommendation of the employee's
supervisor and approval of the Fire Chief. Employees shall be considered for merit salary
increases in accordance with the following:
a. Employees who are placed at Step A upon original
employment,reinstatement,or promotion are eligible for a merit salary review after six(6)
months of service. Subsequent merit salary review dates shall fall upon the completion of twelve
(12)month service intervals.
b. Employees who are placed at Step B or above upon original
employment,reinstatement,or promotion shall be eligible for a merit salary review after twelve
(12)months of service. Subsequent review dates shall fall upon the completion of twelve(12)
month service intervals.
C. The granting of an official leave of absence of more than
thirty(30) continuous calendar days,other than military leave,shall cause the employee's merit
salary review date to be extended the number of calendar days he or she was on leave.
CL If,in the supervisor's judgment,the employee's
performance does not justify a salary increase on the review date,the employee shall be
reevaluated before the expiration of six(6)months dating from the employee's review date. If the
period of postponement exceeds three(3)months and the employee receives a salary increase,
the employee shall be assigned a new review date based on the date the increase was granted
e. Authorized salary step increases shall become effective at
the beginning of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked,and upon
discovery of the error,the employee is recommended for a salary increase,the employee shall
receive a supplemental payment compensating him or her for the additional salary he or she
would have received had the increase been granted at the appropriate time.
g. The normal merit salary increase shall be one(1)step
granted in accordance with the preceding. However,to reward outstanding achievement and
performance,the Fire Chief may grant one(1)additional step increase not to exceed one(1)step
in any(6) month period.
h. In order to address a situation wherein application of this
section would result in the inequitable treatment of employees and upon the recommendation of
the Fire Chief.md approval of the Board, an employee may be placed at any step in the salary
range for his or her class.
Resolution No. FD 04-007
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3. Salary on Promotion
An employee,who is promoted to a position in a class with a higher salary
range than the class in which he or she formerly occupied a position,shall receive the nearest
higher monthly salary in the higher salary range that would constitute a minimum five percent
(5%)salary increase over his or her base salary rate,provided that no employee may receive a
rate in excess of Step E of the promotional class.If the promotion occurs within sixty(60)days
of a scheduled merit salary review date,the employee shall receive the merit increase(if
otherwise entitled to it)and the promotional increase concurrently. The employee shall be given
a new merit salary review date for purposes of future salary step advancement.The new date
shall be based upon the effective date of the promotion.
4. Salary on Demotion
An employee who is demoted to a position in a class with a lower salary
range shall receive a new merit salary review date based upon the effective date of the demotion
and receive a salary in accordance with the following:
a Disciplinary demotion-any designated salary step in the
lower salary range which will result in the employee's receiving at least a five(5)percent
reduction in pay.
b. Non-disciplinary demotion-that salary step he or she
would have received in the lower class if his or her services had been continuous in said lower
class.
5. Salary on Transfer
An employee who is transferred from one position to another in the same
class or to another position in a similar class having the same salary range shall receive the same
step in the salary range previously received and the merit salary review date shall not change.
6. Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed
to the position,salary shall be determined as follows:
a. If the position is reclassified to a class with a higher salary
range than the former class,salary and merit salary review date shall be set in the same manner
as if he or she had been promoted
b. If the salary of the employee is the same or less than the
maximum of the salary range of the new class and the salary range of the new class is the same
as the previous class,the salary and merit salary review date shall not change.
C. If the salary of the employee is greater than the maximum
of the range of the new class,the salary of the employee shall be designated as a"Y-rate"and
shall not change during continuous regular service until the maximum of the salary range to
which the class is assigned exceeds the salary of the employee.
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Resolution No. FD 04-007
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7. Salary on Re-employment
An employee recalled after a layoff shall receive the same salary step in
the range of the class which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may be
recommended by the supervisor and approved by the Fire Chief. The employee's merit salary
review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one(1)step, approximately five percent(5%),above
the affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
b. Work in the higher class at least fifteen(15)consecutive
work days,five(5)shifts for employees working twenty-four(24)hour shifts. Acting pay will be
paid beginning with the sixteenth(16th)consecutive day worked in an acting capacity,sixth
(6th)shift for employees working twenty-four(24)hours shifts.
10. Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range by the
Board,the salary of each incumbent in such class on the date the Teassigmnent is effective shall
be adjusted to the step he or she was receiving in the former range.
11. Premium Pay-Haz-Mat
The number of personnel maintained on the Haz-Mat team is determined
by the needs of the District. The decision as to the number of personnel on the team is made by
the District. Personnel on the team must maintain their state certification,membership in the
West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by
the District,and agree to remain members of the District's Haz-Mat Team for a period of 3 years.
Training to maintain status on the team shall be at District expense. Members who meet the
above requirements shall be compensated for their involvement by being paid a dollar amount
equal to five percent(5016)of Step E of the Fire Engineer class.
12. K-9 Stipend
The District agrees to provide a stipend that is equivalent to five percent
(501.)of Step E of the Fire Engineer class,to the Fire Inspector or the employee who is charged
with the responsibility of canine care, handling and maintenance.
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Resolution No. FD 04-007
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B. On Call Pay
Employees in a classification of Fire Prevention Inspector shall receive five
percent(5%)of E step of Fire Engineer per month as full compensation for services in an on-call
status. The requirements and conditions which attend on-call status shall be established by the
District and affected employees agree to comply with said requirements and conditions. It is
understood by the District and Union that the amount of on-call time(approximately one third
(1/3)of required monthly on-call)to be served by each employee was instrumental in arriving at
the accord noted herein.
§ 3. Work Periods and Overtime
A. Work Periods
The work period for shift personnel is fourteen(14)days. Overtime is paid for
time worked in excess of one hundred six(106)hours in the period The work period for forty
(40)hour personnel is seven(7)days with overtime being time wor�ed in excess of forty(40)
hours in the period.
B. Work Shifts
1. All twenty-four(24)hour work shifts begin at 0800 and end at
0800 the following day,twenty-four(24)hours thereafter.
2. Ten(10)hour work shifts begin at 0700 and end at 1800.
C. Flex Thne
1. The work schedules of employees assigned to other than fire
suppression are subject to change depending on needs of the service or desires of the concerned
employee(s). (See item 3.)
2. The District shall not change work schedules when the sole
purpose of the change is to avoid payment of time and one-half for overtime. This however, is
not to be interpreted as preventing a schedule change upon the mutual agreement of the District
and affected employee.
3. Employees may request schedule changes to address personal
interests. Whenever possible such requests will be accommodated,provided however,that needs
of the service as determined by the District will take precedence over employee preferences.
4. The District will not effect schedule changes but for good and
sufficient cause.
D. Overtime Pay
1. The rate of pay for overtime hours worked shall be at the rate of
time and one-half(1.5)the regular rate of pay, for those employees eligible for overtime.
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Resolution No. FH 04-007
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2. Wages: The Battalion Chief in Training and suppression Battalion
Chiefs will be paid overtime at the fifty-six(56)hour rate for any overtime worked,at time and
one-half(1.5)rate of pay.
3. For purposes of computing overtime pay under the Fair Labor
Standards Act,military leave shall not be considered hours worked Holiday,vacation, sick, and
injury leave shall be considered as horns worked for purposes of computing overtime.District
shall implement the inclusion of holiday and sick leave hereunder effective the first day of the
fast full pay period commencing after February 5, 1997.District further agrees to provide to
each unit member the estimated cash value thereof(three tenths of one percent(0.30/6)) from July
1, 1996 through the date of implementation thereof hereunder.
4. . For the purpose of this section,work time shall not include
traveling to or from the normal work site.
5. All full-time employees who are called back to work from off-duty
as a result of an emergency,shall be paid at the rate of time and one-half for any hours worked,
with a minimum of two(2)hours pay for each emergency recall. Employees required to work
more than fifteen(15)minutes shall be compensated for a minimum of one(1)hour,any time
worked over one(1)hour will be paid in one-half hour increments. (Fifteen(15)minutes work
shall constitute one-half hour.)For purposes of this section,work time shall not include time
spent in traveling to and from the work site.
6. Employees required(held over)to work more than fifteen(15)
minutes overtime shall be compensated for a minimum of one(1)hour. Any overtime worked in
excess of one(1)hour will be paid in half hour increments. Provisions shall be made for an
equitable distribution of overtime, consistent with efficient operations of the District.
7. Employees may be subject to recall to be placed on overtime to fill
vacancies created by District wide training programs of a class wide nature.Employees must
receive at least two(2)weeks notice of recall.
E. Call Back
A minimum of two(2)hours of work time will be credited to an employee who
responds to a District call to come to work during off-duty hours. This section is not to be
interpreted as requiring said minimum in the event of an extended work day or when the
employee begins his or her regular work shift before the normal starting time.
F. 4/10 Schedule
With the 4/10 implementation, employees who experience hardship due to child
care issues,may request alteration of their schedule by taking a 1/2 hour lunch and arriving at
work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least
60%of the pay period and 60%of the distance into their assigned workplace are eligible to leave
1/2 hour early from work or arrive 1/2 hour late.
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Resolution No. FD 04-007
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§ 4. Uniform Allowance
A. The District shall provide three(3)sets of work uniforms for each
employee who is required to wear a uniform prior to his or her starting date. Suppression
members must buy their own class A uniforms at the completion of probation.
B. The Fire District shall provide$500.00 annually to all safety members for
the purchase and maintenance of uniforms required in the performance of their job duties.
§ 5. Employee Group Insurance
District agrees to provide group insurance plans in accordance with the following:
A. 'Health Insurance
1. District will provide medical insurance through the State of
California Public Employee's Medical and Hospital Care Program
2. District shall provide fully paid employee and family health
insurance for all existing full-time continuous and retired employees as of November 17, 1994.
Such health benefits are vested for all full time continuous and retired employees as of
November 17, 1994.
3. District shall provide fully paid employee and family health
insurance for all full-time continuous employees hired after November 17, 1994,at the lowest,
fully paid insurance plan offered by the"Public Employees Medical and Hospital Care
Program."
Notwithstanding the above provision,the District agrees to provide the
following:
A. Effective July 1,2000: (additional$35)
(A)Up to $196.49 for employee coverage
(B)Up to$357.98 for employees with one dependent.
(C)Up to$454.87.for employees with two or more dependants.
B. Effective July 1,2001,the District agrees to provide the lowest insurance plan
offered by the Public Employees Medical and Hospital Care Program,or the following
whichever is higher: (additional$35)
(A)Up to$231.49 for employee only coverage
(B)Up to$392.98 for employees with one dependent.
(C) Up to$489.87 for employees with two or more dependents.
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Resolution No. FD 04-007
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C. Effective July 1,2002,the District agrees to provide the lowest insurance plan
offered by the Public Employees Medical and Hospital Care Program,or the following
whichever is higher: (additional$50).
(A)Up to$281.49 for employee only coverage
(B)Up to$442.98 for employees with one dependent
(C)Up to$539.87 for employees with two or more dependents.
4. All new full-time continuous employees hired after November 17,
1994,shall be responsible for paying their premiums for medical insurance through the State of
California Public Employees Medical and Hospital Care Program, upon their retirement.
5. Cash compensation in lieu of medical benefits in the amounts of
$200.00 for single employees or$300.00 for employee's depend",may be provided to those
employees that can verify that their spouse and/or family can provr a full health insurance.
Selection of compensation shall be at the employee's discretion. The employee may reenter the
District's health plan at any time.
B. Dental Insurance
District shall continue to provide fully paid employee and family dental insurance
plan for all Full-time continuous employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full time
continuous employees with a maximum payment of not to exceed$22.25 a month. Employees
agree to contribute 0.03%of their salary adjustment to fund their contribution of$2.00 a month
for vision insurance. The above amount of$22.25 includes the employees' contribution. The
employee shall pay the cost of vision insurance in excess of$22.25.
D. Life Insurance
All full-time continuous employees shall be provided a term life insurance policy
of$30,000,paid by District.
§ 6. Reimbursement for Approved College and University Courses
Effective July 1,2001,reimbursements by the District of the following
enumerated college and/or university course expenses shall not exceed two thousand three
hundred dollars($2,300.00) during any fiscal year. A "fiscal year'is July 1 through and
including the following June 30.
Eligibility for said reimbursement in an amount not to exceed$2,300.00 in any
one fiscal year,shall be contingent upon a determination by the Fire Chief or his designee that all
of the following conditions precedent exist:
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Resolution No. FD 04-007
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1. Expenses shall be incurred as regards coursework undertaken at a college
or university that is licensed/accredited by the State of California.
2. The applicant for reimbursement shall present to the Fire Chief or his
designee documentation prepared by the accredited/licensed college or university which
evidences the applicant's receipt of a grade of"C" or better(or a"pass" in a pass/fail class) as
regards each class for which reimbursement is sought. (Where an employee is simultaneously
enrolled in multiple approved classes and does not receive a"C"or"pass"in any one or more of
such classes, the amount of expenses subject to District reimbursement shall be reduced and/or
as appropriate,pro-rated to reflect no reimbursement being made for expenses related to classes
where the minimal grade was not received.)
3. Eligibility for reimbursement for said expenses shall be confined to either:
1)those courses that in and of themselves consist of curriculum which is predominantly related
to the development of skills reasonably anticipated by the District to enhance the applicant's job
performance(by means of a non-inclusive example only,art classes would not qualify for.
reimbursement);or 2)where the employee has declared a major which is job-related as set forth
in this§3(1),to those classes which must be completed as a condition precedent to successful
completion of the course of study in the selected major.
4. Eligibility for reimbursement upon completion of coursework shall be
predicated upon the Fire Chief or his designee making a written determination prior to the
affected employee's enrollment in the course(s)for which reimbursement is later sought,that the
coursework is offered by an accredited college or university and that the above-described job
nexus does exist. The determination of the Fire Chief or his designee in such regards,shall be
final.
5. Thd costs which shall be subject to reimbursement are limited to the
following: 1)tuition,2) books,3)supplies,4)parking and 5) laboratory. In addition to all other
conditions precedent to reimbursement set forth in this section,prior to reimbursement being
approved,written receipts shall be provided to the Fire Chief or designee and shall evidence each
expenditure for which reimbursement is sought.
§7. Retirement Plan
A. Benefits
1. District is enrolled in the State of California Public Employee's
Retirement System.All benefits provided District employees under the District's Plan are paid
by the District. Present benefits for public safety employees include the following:
§21362.2 3%at 50 Full Formula
§ 21574 1959 Survivor Benefits,Fourth level
§20615 Payment of Normal Member Contributions
§20024.2 One Year Highest Compensation
2. In consideration of the"3% at 50"retirement benefit,the Union agrees the
District shall reduce the negotiated cost of living adjustment(COLA)by 0.56%each fiscal year
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Resolution No. FD 04-007
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through and including June 30,2008.In the event there is no COLA in a fiscal year,each
employee in the bargaining unit shall have 0.56%deducted from his/her salary for that fiscal
year.
B. Conversion- Union
Effective July 1, 1989 employees aged 49 or over shall be permitted to convert
member contributions to PERS paid by the District to salary for the purpose of establishing a
higher base salary, for the last year of a pre-determined year of retirement. The employee shall
then be responsible for paying said contributions.
C. Military Service Buy-Back
District provides for employees to buy back military service credit at the
employee's own expense pursuant to PERS regulations.
§ 8. Work Related Iniuries
All management and non-management,non-safety and safety District employees
are entitled to full salary and benefits when they sustain an on-the-job work related injury for up
to one(1)year. (See: California Labor Code §4850 for provisions). Although §4850 covers
only safety personnel,District is extending this same benefit to non-safety employees.
Temporary disability payments received during any injury period shall be returned to District.
ARTICLE III LEAVES
§ 1. Holidays
A. Holidays are those days which District designates as observed holidays.
Holiday leave is a right,earned as a condition of employment,to a leave of absence with pay.
The holidays designated by District are as follows:
40 Hour Personnel
(1) January 1 -----------New Years Day
(2) January------------Martin Luther King's Birthday(3rd Monday)
(3) February---------------President's Day(3rd Monday)
(4) May -----Memorial Day(last Monday)
(5) July 4 ------------------Independence Day
(6) September---—-------Labor Day(IstMonday)
(7) November 11 --------Veterans Day
(8) November----------Thanksgiving(4thThursday)
(9) November-------------The day following Thanksgiving
(10) December 24---------The day preceding Christmas
(11) December 25--------Christmas
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(12) Three(3) discretionary(floating)days may be taken by an employee at his or her
convenience,subject to approval by the supervisor. The thirty(30)hours for the three(3)
floating holidays shall be credited to the employee at the start of pay period No. 1 of each
calendar year.
Whenever a holiday falls on a Sunday,the following Monday shall be observed as a holiday.
Whenever a holiday falls on a Friday or Saturday,the preceding Thursday shall be observed as
the holiday.
56 Hour Personnel
(1) January 1 ------------New Years Day
(2) January 18-------------Martin Luther King's Birthday
( ) February --------Lincoln's Birthday
3 Fe 1 ---
(4) February 22----------Washington's Birthday
(5) May--------------------Memorial Day(last Monday)
(6) July 4---------------Independence Day
(7) September-----------Labor Day(IstMonday)
(8) September 9----------Admissions Day
(9) October 12----------Columbus Day
(10) November I 1 ------Veterans Day
(11) November----------Thanksgiving(4thThursday)
(12) November-----------The day following Thanksgiving
(13) December 24---------The day preceding Christmas
(14) December 25-—----—Christmas
B. Employees shall accrue holiday time as follows:
Type of Personnel Per Holiday Annually Maximum Accrual
Shift Personnel 12 hours 168 hrs 216 hours
40 Hour Personnel 10 hours 140 hrs 180 hours
C. No District employee will be allowed to exceed the maximum accrual at
any time. As excess holiday time is earned, it must either be taken as time off or be paid for by
District.
D. Effective pay period No. 1 of each year(which normally occurs mid to
late December of each year),holiday time shall be accrued by the employees within the pay
period in which it occurs.
1. District will buy back all or part of accrued holiday time at the
then current hourly rate, if a request is made(in writing)by November 30th specifying holiday
balance and exercising the option to sell back.
2. Holidays may be used as scheduled time off with the approval of
the supervisor.
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Resolution No. FD 04-007
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E. District employees will be advised, in writing, within the pay period prior
to the time that maximum holiday accrual is reached or that they are approaching their maximum
accrual.
F. Any employee who is on vacation or sick leave when a holiday occurs will
not have that holiday charged against his or her vacation or sick leave.
G. Forty(40)hour personnel who obtain prior approval from their immediate
supervisor to work a holiday will be allowed to bank that holiday at straight time.If a 40-hour
employee who is eligible to receive overtime compensation is recalled to work on a holiday,that
holiday will be banked at time and a half(1.5)for the number of hours actually worked that day.
§ 2. Vacation Leave
A. Vacation leave is a right to a leave of absence with pay. It is earned as a
condition of employment.
All fill-time employees shall,with continuous service,accrue working days of
vacation monthly according to the following schedule:
40 hour personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
1-3 years 85.72 hours 192.0 3.297
4-7 years 128.57 hours 272.0 4.945
8-10 years 171.43 hours 353.0 6.593
11-14 years 188.58 hours 353.0 7.253
15-19 years 205.72 hours 353.0 7.912
20-24 years 222.86 hours 353.0 8.572
25+years 240.00 hours 353.0 9.231
Shift Personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
1-3 years 120 hrs/5 shifts 288.0 4.615
4-7 years 180 hrs/7.5 shifts 408.0 6.923
8-10 years 240 hrs/10 shifts 528.0 9.231
11-14 years 264 hrs/11 shifts 528.0 10.154
15-19 years 288 hrs/12 shifts 528.0 11.077
20-24 years 312 hrs/13 shifts 528.00 12.002
25+years 336 hrs/14 shifts 528.00 12.923
Resolution No. FD 04-007
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B. An employee who,as of July 1 of any given year,has completed 10, 15,
20 or 25 years of service shall receive a onetime credit of 24 hours of vacation,if a shift
employee,or 10 hours,if a 40 hour employee. The employee shall,beginning the 11 th, 15th,
20th, and 25th year,accrue vacation at the appropriate pay period accrual rate.
C. The District will notify employees,in writing,within the pay period prior
to the time that maximum vacation accrual will be reached that the accrual is approaching that
maximum The employee will then be required to(1) schedule time off or,(2)receive pay in lieu
of time off so as to not exceed the maximum accrual.
D. Any full-time employee who is about to terminate employment and has
earned vacation time to his or her credit,shall be paid for such vacation time on the effective
date of such termination. When separation is caused by death of an employee,payment shall be
made to the estate of such employee.
§ 3. Sick Leave
Sick leave is the authorized absence from duty of an employee because of
physical or mental illness,injury,pregnancy,confirmed exposure to a serious contagious disease,
or for a medical,optical,or dental appointment.
A. ]Full-time Emolovees
1. Sick leave is that amount of leave designated by District.
2. All employees shall be entitled to sick leave as follows:
Personnel Monthly Annual Accrual Max.Accrual
40 hr Personnel 10 hours 120 hours No limit
Shift Personnel 12 hours 144 hours No limit
(1/2 shift) (6 shifts)
3. Sick leave with pay may be used for:
a. Any bona fide illness or injury.
b. Quarantine due to exposure to contagious disease.
C. Any treatment or examination included to,but not limited
to,medical, dental, eye, or psychiatric examinations.
d. Not more than twelve(12)days for 40-hour employees or
six(6) shifts for shift personnel of sick leave each calendar year in case an employee's presence
is required elsewhere because of sickness, disability, or child birth of a member of his/her
immediate family,as defined in District Personnel Rules.
1S
Resolution No. FD 04-007
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B. No employee shall be entitled to sick leave with pay while absent from
duty for the following causes:
1. Disability arising from sickness or injury purposely self-inflicted
or caused by his or her own willful misconduct.
2. Sickness or disability sustained while on leave of absence.
C. Sick leave shall not be used in lieu of or in addition to vacation.
D. The Fire Chief reserves the right to require evidence in the form of a
physician's certificate whenever an employee is absent and requests sick leave for the period of
absence, excepting personal leave(see Section 5).
E. Any employee absent from work due to illness or accident,may at the
discretion of the Fire Chief,be required to submit to a physical exaTnination before returning to
active duty. Such physical exarmnation shall be performed by a ph sician specified by District
and shall be at District expense.
F. Termination of an employee's continuous service,except by reason of
retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will
be made by the District for sick leave accrued to the time of such termination regardless of
whether or not such employee subsequently reenters District service.
G. Any employee incurring a serious injury or illness while on paid vacation
leave may have those days of illness changed to sick leave with pay and vacation days restored
accordingly,provided the employee has sufficient sick leave accrued and the period of illness is
certified by a written doctor's statement.
H. Employees with ten(10)or more years of service shall be eligible to
convert unused sick leave to vacation in accordance with the following:
1. Shift employees who in the preceding calendar year have accrued
108 to 144(90 to 120 for 40-hour week employees) unused hours of sick leave earned in that
preceding calendar year, may exercise the option of having one-half(1/2)of that unused sick
leave accrued in the preceding year converted to vacation leave and the remainder carried over as
accrued sick leave.
2. Those members of this unit who have accrued 72 to 108 (60 to 90
for 40-bour week employees) unused hours of sick leave earned in the preceding calendar year
may exercise the option of having one-fourth(1/4)of the unused sick leave accrued in the
preceding calendar year converted to vacation leave and the remainder carried over as accrued
sick leave.
3. Any employee who qualifies to convert sick leave to vacation
leave must submit a written request to the District on or before January 15th of the year in which
the conversion is to be made.
ra
Resolution No. FD 04-007
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I. Upon the service retirement of an employee,the employee will have the
option of selling back to the District up to one-half of the total accumulated unused sick leave at
his or her then current hourly rate,or the employee may apply unused accumulated sick leave
toward service time for retirement,in accordance with the Public Employees'Retirement Law,
California Government Code§20862.8. Sick leave bought back by the District may not be
applied for service credit,but the sick leave remaining after the'buy-back"may be credited as
service time in accordance with the above-mentioned law.
§ 4. Conversion Factor
Effective April 1, 1990,the factor used to convert the accruals for forty(40)hour
per week personnel to fifty-six(56)hour per week personnel will be:
Vacation,sick leave,and holiday:
Work Week Basis
Vacation 40 Hour 56 Hour Conversion Factor
1-3 years 85.72 120 1.5
4-7 years 128.57 180 1.5
8-10 years 171.43 240 1.5
11 - 19 years 188.58 264 1.57
20-24 years 196.58 288 1.57
25+years 204.58 312 1.57
Holiday 140 168 1.5
Sick 120 144 1.5
(40 to 56) EXAMPLE(8-10 year employee)
Employee Benefits
Vacation = 100 hours
Holiday = 72 hours
Sick = 300 hours
472 total hours x 1.5(factor)=708 hours total
Note: If an employee goes form a 56 to 40 hours basis, the conversion will be the reciprocal of
1.5 or.667.
§ 5. Personal Leave
A. The employee shall be granted one(1)day paid personal leave to attend
the funeral of a close relative not in the employee's immediate family.
15
Resolution No. FD 04-007
Page 19 of 29
B. An employee required to appear before a court for other than subpoenas
due to actions as a District employee or jury duty will receive the necessary time as paid
personal leave,providing:
1. He or she notifies his or her supervisor or Duty Chief in advance,
with adequate:time remaining so that a relief may be obtained.
2. The employee must return to duty within a reasonable time after
the appearance.
C. Personal leave will be charged against any time the employee has accrued,
such as sick leave,vacation,and compensatory time, at the employee's option.
D. Employees can use up to twenty(20)hours of accrued sick leave as
personal leave. This twenty(20)hours can be used incrementally(i.e., I hour, 1/2 hour)
throughout the fiscal year.Use of this time is for emergency situatr ns requiring the employee's
attention and needs to be cleared with their supervisor when using his time.
§ 6. Bereavement Leave
A. 40-hour Personnel
In the event of a death in the employee's immediate family,the employee shall be
granted three(3) days paid bereavement leave. A maximum of five(5) days paid bereavement
leave shall be granted if there is a death in the immediate family outside the state boundaries.
B. Shift Personnel
In the event of a death in the employee's immediate family,the employee shall be
granted two(2)shifts paid bereavement leave. A maximum of three(3)shifts paid bereavement
leave shall be granted if there is a death in the immediate family outside the state boundaries and
the employee attends the services.
C. Immediate family is defined as:
Spouse,children,stepchildren, stepfather,stepmother,parents,brother, sister,
grandfather,grandmother, grandchild,and the employee's mother-in law, father-in-law or
grandparents-in law.
§ 7. Compensatory Time
A. Compensatory time may be earned for required attendance at special
meetings of the Board of Directors and District Committees,except when such meetings are held
in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as
part of the annual budget preparation process and annual audit.
B. Compensatory time may also be earned for special and/or unusual work
situation not provided for in the preceding paragraphs.
16
Resolution No. FD 04-007
Page 20 of 29
C. The,earning and accrual of compensatory time requires the approval of the
employee's supervisor.
§ & Military Leave
A. Every employee who is a member of a state or federal reserve military unit
shall be entitled to be absent from service with District while engaged in the performance of
ordered military duty and while going to or returning from such duty in accordance with the laws
of the State of California or federal government.
B. Employees are entitled to thirty(30) days paid military leave in any one
fiscal year,provided they have been employed by the District for one(1)year prior to this leave.
Any employee with less than one(1)years',service must use accrued annual leave or
compensatory time if he or she wishes to receive normal pay.
C. Employees who are called or volunteer for service with the armed forces
of the United States shall be entitled to reinstatement to their former positions. Upon application
for reinstatement,the individual must display a certificate showing service was other than
dishonorable. However,any individual possessing right of reinstatement automatically forfeits
these rights upon voluntary enlistment for a second term.
D. Any employee returning from service with the armed forces shall be
entitled to such length of service seniority as would have been credited to them had they
retrained for that period of time with the District.
E. An employee who was in a probationary period at the time of military
leave shall,upon return,complete the remaining portion of the probationary period according to
the then present rules. .
F. An employee promoted to fill a vacancy created by a person serving in the
armed forces shall hold such position subject to the return of the veteran. The employee affected
by the return shall be restored to his or her former position or one of a similar nature while the
returning employee resumes the position he or she previously held.
§ 9. Jury Dutv
Any member of District who is called or required to serve as a trial juror may be
absent from duty with District during the period of such service or while necessarily being
present in court as a result of such call. Such member on jury duty will continue to receive
normal pay,provided he or she:
A. Notifies his or her supervisor or Duty Chief in advance,with
adequate time remaining so that a relief may be obtained.
B. Returned to duty within a reasonable time after being released with
a signed certificate of service from the court stipulating the hours of service and release time.
This certificate may be obtained by asking the court secretary or bailiff. The employee then
forwards it to his or her supervisor or Duty Chief.
m?
Resolution No. FD 04-007
Page 21 of 29
C. Pay received for service while absent from District must be turned
over to District, however,pay received while off duty may be kept by the employee.
D. All personnel called for jury duty must abide by all of the above
rules and must return to work if dismissed before the end of their regular work shift.
§ 10. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of District have been served a civil subpoena to appear in court as
a witness due to actions as a District employee,the following procedure shall be followed:
1. Personnel will be paid at their regular hourly rate while they are in
court.
2. District transportation will be provi when available. If the
employee uses his or her own transportation,he or she will be re' ursed by District at the
prevailing mileage rate.
3. If the employee is required to appear in a court that is outside the
Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a
meal and/or lodging,he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and meals
would be required, authorization shall be obtained from the department bead.
B. Criminal Subpoena
1. Pursuant to California Penal Code§ 1326, et.seq.,if an employee
is served with a criminal subpoena,the employee will be paid at the regular hourly rate while in
court.
2. District transportation will be provided when available. If the
employee uses their own transportation,they will be reimbursed by District at the prevailing
mileage rate.
3. If the employee is required to appear in court outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee to buy a meal,he
or she will be reimbursed. If an extended appearance in court is necessary where lodging and
meals would be required, authorization shall be obtained from the department head
4. A criminal subpoena need not have a court stamp affixed.
1R
Resolution No. FD 04-007
Page 22 of 29
§ 11. Leaves of Absence Without Pay
A. Upon the written request of the employee,a leave of absence may be
granted for a period not to exceed thirty(30) days by the Fire Chief, or a period not to exceed
one(1)year by the Board of Directors.
B. Failure of the employee to return to his or her employment upon the
termination of an authorized leave of absence shall constitute a separation from service of that
employee.
C. Leave of absence without pay granted by the Board shall not be construed
as a break in service or employment.During these periods,vacation,holiday,or sick leave
credits shall not accrue.An employee reinstated after a leave of absence without pay shall
receive the same step in the salary range received when he or she began the leave of absence.
Time spent on such leave without pay shall not count toward service for increases within the
salary range. For purposes of this section,the employee's merit increase eligibility date shall be
adjusted to the date of reinstatement.
D. An employee on an approved leave of absence without pay may continue
medical insurance coverage by paying the full cost to District,in advance,for each month,or
portion thereof,of which he or she is absent.
ARTICLE IV GRIEVANCE PROCEDURE
§ 1. Purim
This article is intended to provide a fair and orderly procedure for the resolution
of employee grievances involving wages,hours and terms and conditions of employment.A
grievance is a claimed violation,misinterpretation,misapplication,or noncompliance with
existing District codes,resolutions,rules,regulations, or this document.
§ 2. Objectives
The grievance procedure is established to accomplish the following objectives:
A. To settle disagreements at the employee-supervisor level,
informally if possible.
B. To provide an orderly procedure to handle grievances.
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.
ro
Resolution No. FD 04-007
Page 23 of 29
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 treabnent of all employees.
§ 3. General Provisions
A. Preparation of a grievance will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. No individual member of the Board of Directors shall be approached at
any time that the grievance is being processed.
C. Failure of the grievant to comply with time 11mitations specified in the
grievance procedure shall constitute a withdrawal of the grievance,except upon a showing of
good cause for such failure. Failure of District supervisory or administrative staff to comply with
specified time limitations shall permit the grievant to proceed to the next step in the procedure.
EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual
consent of both parties.
D. In the event a grievant elects to represent himself or herself or is
represented by counsel other than that provided by the employee organization,the employee
organization shall be apprised of the nature and resolution of the grievance if the issues involved
are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period
specified in these procedures,time limitations can be extended by mutual agreement of the
representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking
of any action exclude weekends and holidays.
§ 4. Informal Grievance Procedure
Most problems or complaints can be settled if the employee will promptly,
informally and amicably discuss them with his or her immediate supervisor. Such an initial
discussion shall precede any use of the formal grievance procedure. If the immediate supervisor
fails to reply to the employee within three(3)days,or the employee is not satisfied with the
decision,the employee may utilize the Formal Grievance Procedure.
?n
Resolution No. FD 04-007
Page 24 of 29
§ 5. Formal Grievance Procedure
A. Steu I
The employee and/or representative shall present the grievance, in writing and
signed,to his or her immediate supervisor within fifteen(15) days of the date that cause for a
grievance arises. An official grievance form must be used stating names,dates,times,place, and
nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the
employee and shall submit his or her decision in writing to the employee within three(3)days
after receipt of the grievance. The employee shall have the right to appeal the decision of the
supervisor to the Fire Chief.
B. stoII
1. If the grievance is not resolved to the satisfaction of the employee,the
grievant has three(3)days following receipt of the written response from his or her supervisor to
file a written appeal to the Fire Chief or designated representative.
2. Written appeal to the Fire Chief or designated representative shall consist
of the statement of the grievance and shall include a statement by the grievant's representative
setting forth the reasons why the response of the employee's supervisor did not satisfactorily
resolve the grievance and an indication of the action desired by the grievant.
3. After submission of the written appeal,the Fire Chief or designee shall
reply within three(3)days, in writing,to the grievant regarding the grievance. In event of
rejection,reasons for so doing will be included in the response.
C. Sten III
If the grievance is not resolved by the Fire Chief or designee to the satisfaction of
the grievant,the grievant may,within three(3)days,then file a written appeal to the Board of
Directors.
An appeal to the Board must include a complete statement of facts supporting the
grievance,a statement by the grievant or representative setting forth the reasons why the Fire
Chief or designee did not satisfactorily resolve the grievance and a list of witnesses the grievant
would call to testify. The grievant may request a formal hearing before the Board and,further,
may request the hearings to be a closed personnel session. The Board shall schedule such
hearings within ten(10)days after receipt of the request.The Board shall submit its decision,in
writing,to the employee within ten(10) days of the date of the hearing. If no submittal is made,
the grievance shall be deemed rejected and the decision of the Fire Chief or designee sustained.
D. Step IV
If the grievance is not settled in Step III,binding arbitration may be invoked in
accordance with the following:
Resolution No. FD 04-007
Page 25 of 29
1. The request for arbitration must be submitted within ten(10)days
of receipt of the decision of the Board of Directors.
2. A"Fact Sheet"must be submitted to the arbitrator by both parties,
stating the nature of the grievance and desired action.
3. The term"arbitrator," as used herein,shall refer to a single
arbitrator.
4. A list of five(5)arbitrators shall be requested from the California
State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin,with
the winning side, Board or grievant,having the first choice of either selecting the arbitrator or
eliminating one(1)candidate. The tum shall then revert to the other side,who then can exercise
the. same option. This procedure continues until either an arbitrator is agreed upon or there is
only one(1)candidate remaining.
5. The arbitrator so selected shall hold�hearing at a time and place
convenient to the parties involved. Statements of position may be made by the parties,and
witnesses may be called. The arbitrator shall have the initial authority to determine whether or
not the dispute is arbitrable under the express terms of this Memorandum of Understanding.
Once it is determined that the dispute is arbitrable,the arbitrator shall proceed in accordance with
these provisions to determine the merits of the dispute submitted to arbitration.
6. The location and time of the hearing shall be mutually agreed upon
by both parties. If an agreement cannot be achieved, each party will submit their location and
time to be drawn by chance.
7. All expenses which may be involved in the arbitration proceedings
shall be borne by the parties equally;however,expenses relating to the calling of witnesses or
the obtaining of depositions or any other similar expenses associated with such proceedings shall
be borne by the party at whose request such witnesses or depositions are required
8. Legal counsel may be obtained by either party if they so wish.
Expenses for legal counsel shall be borne by the party obtaining such counsel.
9. The pay for the arbitrator will be based upon the fee charged by the
California State Conciliation Service for such services.
10. Failure on the part of the District's representative or
grievant/grievant's representative to appear in any case before an arbitrator,without good and
sufficient cause,shall result in forfeiture of the case and responsibility for payment of all costs of
arbitration borne by the party failing to appear.
11. The decision of the arbitrator shall be final and binding upon
District and appellant.
Resolution No. FD 04-007
Page 26 of 29
ARTICLE V SAFETY
§ 1. Compliance
District and employees in the Association shall conform to and comply with all
health,safety, and sanitation requirements imposed by District,state or federal law or regulations
adopted under state or federal law.
§ 2. No Discrimination
No employee shall be in any way discriminated against as a result of reporting
any condition believed to be a violation of Section I of this Article V.
§ 3: Safety Equipment
Should the employment duties of an employee in the unit,in the estimation of
OSHA,require use of any equipment or gear to insure the safety of the employee or others;
District agrees to furnish such equipment or gear.
§ 4. Employee Resoonsil lits
In the course of performing their normally assigned work,employees will be alert
to observe unsafe practices, equipment, and conditions;as well as environmental conditions in
their immediate area which represent health hazards and will report such conditions to their
immediate supervisor.All employees shall make certain that all power machinery is equipped
with safety devices properly installed and in working condition and that co-workers use utmost
care in the handling of tools and equipment. Employees shall report all accidents immediately to
their immediate supervisors. Reports shall be submitted on forms provided by District.
§ 5. Minimum Manning
When the District increases its manning assignment for a truck or engine
company to four(4)individuals,both sides agree to meet and confer regarding minimum
manning levels. Minimum manning will be three(3)man engines. Minimum manning on a
regular shift shall remain at twenty-three(23) suppression personnel unless authorized by the
District Board to reduce below the level of twenty-three(23).
§ 6. Smoking Policy
Employees in Union have agreed to accept and abide by the District"Smoking
Policy," as written and approved by the Chief in effect on July 1, 1996.
I2
Resolution No. FD 04-007
Page 27 of 29
ARTICLE VI MANAGEMENT RIGHTS
§ 1. Scope of Rights
.It is understood and agreed that District possesses the sole right and authority to
operate and direct the employees of District in all aspects,except as modified in this
Memorandum of Understanding. These rights include,but are not limited to:
A. The right to determine its mission,policies,and standards of
service to be provided to the public;
B. To plan,direct,control, and determine the operations or services to
be conducted by employees of District;
C. To determine the methods,means, and number of personnel
needed to carry out District's mission;
D. To direct the working forces;
E. To hire,assign,or transfer employees within District,
F. To promote,suspend,discipline,or discharge employees;
G. To layoff or relieve employees due to lack of work or funds or for
other legitirnate reasons;
H. To make,publish,and enforce rules and regulations;
I. To introduce new or improved methods, equipment,or facilities;
I To contract out for goods and services;
K To take any and all actions as may be necessary to carry out the
mission of District in situations of civil emergency as may be declared by the Board of Directors
or Fire Chief;
L. To schedule and assign work;
M. To establish work and productivity standards.
§ 2. Emergency Conditions
If in the sole discretion of the Board of Directors or Fire Chief it is determined
that extreme civil emergency conditions exist, including, but not limited to,riots, civil disorders,
earthquakes,floods, or other similar catastrophes,the provisions of this MOU may be suspended
during the time of the declared emergency,provided that wage rates and monetary fringe
benefits shall not be suspended.
IA
Resolution No. FD 04-007
Page 28 of 29
ARTICLE VII MAINTENANCE OF BENEFITS
All benefits enjoyed by the employees at the present time,which are not included
in nor specifically changed by this MOU,shall remain in full force and effect;provided,
however,that upon the mutual agreement of the parties,the meet and confer process may be
initiated to address proposed changes.This Article shall not be interpreted as affecting any other
rights or obligations the respective parties have under§3500 et.seq.of the California
Government Code.
ARTICLE VIII APPROVAL BY THE BOARD OF DIRECTORS
This MOU is subject to approval by the Board of Directors of District. The parties
hereto agree to perform whatever acts are necessary both jointly and separately to urge the Board
to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board,
its terms and conditions shall be implemented by appropriate ordinance,resolution,or other
lawful action.
ARTICLE IX PROVISIONS OF LAW
It is understood and agreed that this MOU and employees are subject to all current
and future applicable Federal and State laws and regulations and the current provisions of
District law. If any part or provisions of this MOU is in conflict or inconsistent with such
applicable provisions of those Federal,State,or District enactments or is otherwise held to be
invalid or unenforceable by any court of competent jurisdiction,such part or provision shall be
suspended and superseded by such applicable law or regulations,and the remainder of this MOU
shall not be affected thereby.If any substantive part or provision of this MOU is suspended or
superseded,the parties agree to reopen negotiations regarding the suspended or superseded part
or provisions with the understanding that the total compensation to employees under this MOU
shall not be reduced or increased as result of this Article.
B. The District and the Union recognize that under this MOU and in
personnel matters not covered in this contract,the current District Personnel Rules as amended
and effective shall apply. The Personnel Rules applicable to the Union shall not be changed for
the duration of this Agreement.
ARTICLE X TERM
The tern of this MOU shall commence on July 1,2003 and will continue for a
one year period,ending on June 30,2004. In the event either party hereto desires to negotiate a
successor MOU,such parties shall serve upon the other,during the month of March,its written
request to commence negotiations as well as any written proposal for such successor MOU.
Upon receipt of such written proposals,negotiations shall begin no later than thirty(30) calendar
days after such receipt.
Resolution No. FD 04-007
Page 29 of 29
Dated Dated
Union District
James Townsend, President Lawrence I. Temple,
Administrative Services Director
Mt7ce Ploung,Representative
Tom Salisbury,Representative
Approved by action of the Board of Directors the day of April,2004
n3tbse
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