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HomeMy WebLinkAbout06-002 - Resolutions RESOLUTION NO. FD 06-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE EXISTING COMPENSATION PLAN FOR DISTRICT EMPLOYEES AND APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274 FOR WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEAR 2005-2006. A. RECITALS (i) Representatives of the Rancho Cucamonga Fire Protection District ("District' hereinafter) and the Rancho Cucamonga Firefighters Local 2274 have met and conferred pursuant to the provisions of the Meyers-Mi Iias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. (ii) Representatives of the District and Rancho Cucamonga Firefighters Local 2274 have agreed upon and presented to this Board a Memorandum of Understanding pertaining to Local 2274 effective, July 1, 2005, specifying the results of said meet and confer process. (iii) It is necessary from time to time to review and adjust the salary and wages specified for District personnel. (iv) District desires to amend the existing compensation plan for District personnel. (v) All legal prerequisites to the adoption to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga, California, does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The salary ranges for the classifications specified therein, as set forth in Exhibit "A", effective July 1, 2005; attached and incorporated herein by this reference, hereby are approved. Resolution No. FD 06-002 Page 2 of 35 3. The certain Memorandum of Understanding entered into by and between District representatives and the Rancho Cucamonga Firefighters Local 2274 representatives for fiscal years 2005/2006 effective July 1, 2005 hereby is approved and ratified by the Board of Directors. 4. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 17th day of January 2006. AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexa der; Preside t ATTEST: ebra J. Adb4, 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 Special Meeting of said Board held on the 17th day of January 2006. Executed this 18th day of January 2006 at Rancho Cucamonga, California. De ra J. Ad , Secretary Resolution No. FD 06-002 Page 3 of 35 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. 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. B. Effective the first payroll period commencing on or after July 1, 2005, there shall be a 3%unadjusted base salary increase for unit members employed by the District on the date of adoption of Fire District Resolution No. FD-06-002. The retroactive part of this unadjusted base salary increase is not based upon the rendering of services prior to adoption of Resolution No. FD-06-002,but rather,is the reflection of the District Board of Directors' determination as to an equitable manner by which to address this meet and confer issue. C. 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(59/6)between each step. Placement within the range shall be in accordance with the following: #16]311 Resolution No. FD 06-002 Page 4 of 35 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. d. If, in the supervisor's judgment,the employee's performance does not justify a salary increase on the review date,the employee shall be reevaluated before the expiration of six (6)months dating from the employee's review date. If the period of postponement exceeds three(3)months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked,and upon discovery of the error,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 #162311 Page 2 of 32 Resolution No. FD 06-002 Page 5 of 35 the Fire Chief and approval of the Board,an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee,who is promoted to a position in a class with a higher salary range than the class in which he or she formerly occupied a position,shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum five percent (5%)salary increase over his or her base salary rate,provided that no employee may receive a rate in excess of Step E of the promotional class. If the promotion occurs within sixty(60)days of a scheduled merit salary review date,the employee shall receive the merit increase(if otherwise 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 #162311 Page 3 of 32 Resolution No. FD 06-002 Page 6 of 35 shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one(1)step, approximately five percent(50/6),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)howl shifts. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board,the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he or she was receiving in the former range. 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(5%)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 (5%)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. #162311 Page 4 of 32 ,F,vi v o.m<nna Resolution No. FD 06-002 Page 7 of 35 13. Paramedic Compensation(PURSUANT TO APRIL 20,2005 RESOLUTION NO.FD05-021.) Regardless of the classification of unit members who are eligible for Paramedic compensation,said compensation shall be the equivalent of 12.13%of the unadjusted top step base salary of the Engineer classification. B. On Call Pav 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 worked in excess of forty(40) hours in the period. B. Work Shifts 1. All twenty-four(24)hour work shifts begin at 0800 and end at 0800 the following day,twenty-four(24)hours thereafter. 2. Ten(10)hour work shifts begin at 0700 and end at 1800. C. Flex Time 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. #162311 Page 5 of 32 Resolution No. FD 06-002 Page 8 of 35 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 Pav 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half(1.5)the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six(56)hour rate for any overtime worked,at time and one-half(1.5)rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act,military leave shall not be considered hours worked. Holiday,vacation,sick,and injury leave shall be considered as hours 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)hots 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 #162311 Page 6 of 32 Resolution No. FD 06-002 Page 9 of 35 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. § 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 #162311 Page 7 of 32 Resolution No. FD 06-002 Page 10 of 35 (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. 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 dependents, may be provided to those employees that can verify that their spouse and/or family can provide 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. #162311 Pages of32 Resolution No. FD 06-002 Page 11 of 35 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 Anoroved Colleee and University Courses Effective July 1,2001,(July 1 through and including the following June 30) 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. Eligibility for said reimbursement in an amount not to exceed$2,300.00 in any one fiscal year,shall be contingent upon a detennination by the Fire Chief or his designee that all of the following conditions precedent exist: 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(l),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. The 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 #162311 Page 9 of 32 Resolution No. FD 06-002 Page 12 of 35 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 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-deterrined 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 Injuries 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. §9. Carpooling Those employees participating in a carpool during going to and coming from their residence and work site, shall not be in receipt of a reduced workday. Rather,those employees participating in a"carpool"shall be accorded the following benefit: Eligible carpool employees shall be regular, full-time employees who voluntarily participate in and file a"ride share application agreement." #162311 Page 10 of 32 Resolution No. FD 06-002 Page 13 of 35 Eligibility for ride share-related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative,each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle,public transportation,walking. 3. Eligibility for ride share benefits shall be conditioned upon 1)the regular and full time employee so participating 60%of the total work days during a given month,2)ride sharing for at least 60%of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m.,Monday through Thursday. Individuals meeting the above qualifications shall earn$2 for every day that the employee ride shares,paid at the end of each quarter. Further,the City is desirous of devising some type of"drawing"to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10. EM 125 Plan City shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used for the purpose of paying the difference between the amount of District funded premiums for District- provided health insurance plans,and the amount of out-of-pocket premium payments bome by the employee regarding District-provided plans. 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(31"d Monday) (4) May-------------------Memorial Day(last Monday) (5) July 4-----------------Independence Day (6) September-------------Labor Day(1st Monday) (7) November 1 I --------Veterans Day (8) November-------------Thanksgiving(4th Thursday) (9) November-------------The day following Thanksgiving (10) December 24----------The day preceding Christmas (11) December 25----------Christmas #162311 Page 11 of 32 Resolution No. FD 06-002 Page 14 of 35 (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. I of each calendar year. Whenever a holiday falls on a Sunday,the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday,the preceding Thursday shall be observed as the holiday. 56 Hour Personnel (1) January 1 -----------New Years Day (2) January 18----------Martin Luther King's Birthday (3) February 12-----------Lincoln's Birthday (4) February 22-----------Washington's Birthday (5) May------------------Memorial Day(last Monday) (6) July 4 ------------Independence Day (7) September------------Labor Day(1st Monday) (8) September 9----------Admissions Day (9) October 12 ----------Columbus Day (10) November 11 ----Veterans Day (11) November-------------Thanksgiving(4th Thursday) (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 brs 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. I 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. I. 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. #162311 Page 12 of 32 Resolution No. FD 06-002 Page 15 of 35 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 full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 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 #162311 Page 13 of 32 Resolution No. FD 06-002 Page 16 of 35 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 11th, 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, confimted 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 Monthlv 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. #162311 Page 14 of 32 Resolution No. FD 06-002 Page 17 of 35 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 examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service,except by reason of retirement or lay-off for lack of work or fiords shall abrogate all sick leave and no payment will be made by the District for sick leave accred to the time of such tertrunation 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-hour week employees)unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth(1/4)of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 3. Any employee who qualifies to convert sick leave to vacation leave must submit a written request to the District on or before January 15th of the year in which the conversion is to be made. #162311 Page 15 of 32 Resolution No. FD 06-002 Page 18 of 35 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 Govemment 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 H loiday 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. #162311 Page 16 of 32 Resolution No. FD 06-002 Page 19 of 35 B. An employee required to appear before a court for other than subpoenas due to actions as a District employee orjury duty will receive the necessary time as paid personal leave,providing: I. 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 accred, 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., 1 hour, 1/2 hour) throughout the fiscal year.Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this 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(S)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. #162311 Page 17 of 32 Resolution No. FD 06-002 Page 20 of 35 C. The earning and accrual of compensatory time requires the approval of the employee's supervisor. § 8. 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 remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall,upon return,complete the remaining portion of the probationary period according to the then present Hiles. 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 horns of service and release time. #162311 Page 18 of 32 Resolution No. FD 06-002 Page 21 of 35 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. 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 Subooena/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 ollowed1. Personnel will be paid at their regular hourly rate while they are in court. 2. District transportation will be provided when available. If the employee uses his or her own transportation,he or she will be reimbursed by District at the prevailing mileage rate. 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 head- B. eadB. 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. #162311 Page 19 of32 Resolution No. FD 06-002 Page 22 of 35 § 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. Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages,hours and terms and conditions of employment.A grievance is a claimed violation, misinterpretation, misapplication,or noncompliance with existing District codes,resolutions,rules,regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports orto discharge of probationary employees. Disciplinary matters include all warnings,written reprimands, suspensions,reductions in pay,demotions,dismissal or any other action which consists of taking of property as said term is defined by the courts in the disciplinary context. § 2. Obiectiv 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. #162311 Page 20 of 32 Resolution No. FD 06-002 Page 23 of 35 E. To provide for a two-way system of communication by making it possible for levels of supervision to address problems,complaints, and questions raised by employees. F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3. General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. Regarding a pending grievance,no individual or entity acting on behalf of the grievant shall contact any individual member of the Board of Directors,nor the Board of Directors as an entity,verbally, in writing,and/or through any other means of verbal,written or electronic communication. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance,except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION:Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. Mutually agreed upon extensions of time shall be evidenced in writing. 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. A"day" as used in this Article shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. #162311 Page 21 of 32 Resolution No. FD 06-002 Page 24 of 35 § 4. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor. Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within three(3) days,or the employee is not satisfied with the decision,the employee may utilize the Formal Grievance Procedure. § 5. Formal Grievance Procedure A. Step I The employee and/or representative shall present the grievance, in writing and signed,to his or her immediate supervisor within thirty(30)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 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 ten(10)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. 4. The decision by the Fire Chief or designee shall address whether or not the grievance of the employee is grievable pursuant to the definition set forth in § I 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 employee's grievance is not defined as such by§ I 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 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 matter being jurisdictionally grievable pursuant to the definitions set forth in § I above and/or pursuant to requirements of timeliness. #162311 Page 22 of 32 Resolution No. FD 06-002 Page 25 of 35 C. Step III If the grievance is not settled in Step It,binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted within either ten(10) days of receipt of the decision of the Fire Chief,or of expiration of time for the Fire Chief to render a decision. 2. A"Fad Sheet"must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. 3. The term"arbitrator,"as used herein,shall refer to a single arbitrator. 4. A list of five(5)arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin,with the winning side,Board or grievant,having the first choice of either selecting the arbitrator or eliminating one(1)candidate. The tum shall then revert to the other side,who then can exercise the. same option. This procedure continues until either an arbitrator is agreed upon or there is only one(1)candidate remaining. 5. The arbitrator so selected shall hold a bearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. 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. 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. 10. The decision of the arbitrator shall be final and binding upon District and appellant. #162311 Page 23 of 32 Resolution No. FD 06-002 Page 26 of 35 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, 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 or any 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. B. The Board of Directors(or any individual member of the Board)shall not be contacted by employees or their representatives at any time that the grievance appeal is being processed Any such contact shall result in the appeal being deemed dismissed in its entirety with prejudice. 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. A"day" as used in this Article shall mean a calendar day. If the last date to take action falls on a day that administrative offices are closed, the last date for action shall be extended to the next day during which administrative offices are opened. 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. #162311 Page 24 of 32 Resolution No. FD 06-002 Page 27 of 35 § 3. Pre-Disciplinary Notice A. In those instances where a supervisor intends that a disciplinary action shall be issued 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. 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 fifteen(15)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 fifteen(15)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 fifteen(15)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 Detern ination based upon a review of the Notice of Intended Disciplinary Action and the materials incorporated therein. #162311 Page 25 of 32 Resolution No. FD 06-002 Page 28 of 35 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 Chiefs recommendation. Any amended Notice of Intended Action as described herein shall be based on evidence, conduct or other information separate and distinct from the materials upon which the initial Notice of Intended Action was based. 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 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 § I above and/or pursuant to requirements of timeliness. § 4. Hearing Officer Anneal A. This§4 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 fifteen(15)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 fifteen(15)days after service of the appealable decision by the Fire Chief or designee. C. The employee's appeal shall state with specificity the basis upon which the appeal is based,the specific relief sought, and the affirmative defenses to be offered,if any. 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. #162311 Page 26 of 32 Resolution No. FD 06-002 Page 29 of 35 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 fust strike or directing that the opposing party make the first strike. 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. H. All fees and expenses of the hearing officer shall be borne equally by the pies. 1. All fees and expenses related to the securing of a representative and/or legal counsel,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 borne by the District. The cost of transcription shall be home by the party ordering the transcript. K With the exception of statutory privileges,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 Fire Chief or designee may deem appropriate. The employee may use the following subpoena power as regards City or District employees. 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(1 Om) day prior to commencement of the hearing. Absent a showing of good cause,failure to comply with said requirements shall result in exclusion of witness #162311 Page 27 of 32 Resolution No. FD 06-002 Page 30 of 35 testimony and/or rejection of exhibits not designated in the submissions. Said disclosures do not apply to rebuttal witnesses. Neither party to the proceedings shall issue threats or take other action reasonably calculated to discourage an identified witness from either testifying or from testifying other than consistent with the witnesses'best recollection and honest belief as to matters within his/her knowledge. However,the act of interviewing a witness shall not in and of itself be deemed violative of this section. 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. 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. § 5. 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 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. In such case,the cost of producing the transcript of the proceedings shall be borne 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 #162311 Page 28 of 32 Resolution No. FD 06-002 Page 31 of 35 Chief Executive Officer's decision is mailed by first-class mail,postage pre-paid, including a copy of the affidavit or certificate of mailing). ARTICLE VI 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 1 of this Article V. § 3. Safety Euulpment Should the employment duties of an employee in the unit,in the estimation of OSTIA,require use of any equipment or gear to insure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4. Employee Responsibility In the course of performing their normally assigned work,employees will be alert to observe unsafe practices,equipment, and conditions;as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5. Minimum Marine Minimum manning will be three(3)man engines. Minimum manning on a regular shift shall remain at twenty-four(24)suppression personnel (including three(3)personnel on the rescue unit) and one(1)investigator unless authorized by the District Board to reduce below the level of twenty-four(24). § 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. #162311 Page 29 of 32 Resolution No. FD 06-002 Page 32 of 35 ARTICLE VII MANAGEMENT RIGHTS § 1. Scone 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 legitimate reasons. (Any provision within this MOU,City rules or regulations or any other policy or procedure promulgated by the City or any Department of the City which prohibits the imposition of layoffs, is deemed null and void); H. To make,publish,and enforce rules and regulations; I. To introduce new or improved methods,equipment,or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief, L. To schedule and assign work; M. To establish work and productivity standards. § 2. Emergency Conditions If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil emergency conditions exist,including,but not limited to,riots,civil disorders, earthquakes, floods, or other similar catastrophes,the provisions of this MOU may be suspended #162311 Page 30 of 32 Resolution No. FD 06-002 Page 33 of 35 during the time of the declared emergency,provided that wage rates and monetary fringe benefits shall not be suspended ARTICLE VIII MAINTENANCE OF BENEMS All wages,hours and terms and conditions of employment specifically provided for in this memorandum of understanding,shall remain in full force and effect during the term of the MOU,unless modified pursuant to written agreement of the patties. ARTICLE IX APPROVAL BY THE BOARD OF DMECTORS 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 X 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 re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. B. The District and 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 XI TERM The term of this MOU shall commence on July 1,2005 and will continue for a one-year period,ending on June 30,2006 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. Dated Dated #162311 Page 31 of 32 Resolution No. FD 06-002 Page 34 of 35 Union District J ;o'wj� nsend President Jack Lam, Chief Executive Officer Richard Toll,Rep ent 've Ron Seymo 'Representativ Approved by action of the Board of Directors the day of}M$ ,200 #162311 Page 32 of 32 Resolution No. FD 06-002 Page 35 of 35 SALARY SCHEDULE AS OF JULY I, 2005 Adopted atthe Jan. 17, 2006 Fire Board meeting A B C D E FIRE CAPTAIN 23.60 24.78 26.02 27.32 28.69 Hourly 2,643.52 2,775.70 2,914.48 3,060.21 3,213.22 Bi-Weekly 5,727.63 6,014.02 6,314.72 6,630.45 6,961.98 Monthly FIRE ENGINEER 20.12 21.12 22.18 23.29 24.45 Hourly 2,253.26 2,365.93 2,484.22 2,608.43 2,738.86 Si-Weekly 4,882.07 5,126.17 5,382.48 5,651.61 5,934.19 Monthly FIREFIGHTER 17.58 18.46 19.39 20.35 21.37 Hourly 1,969.30 2,067.76 2,171.15 2,279.71 2,393.69 Bi-Weekty 4,266.81 4,480.15 4,704.16 4,939.36 5,186.33 Monthly FIRE INSPECTOR 20.12 - 21.12 22.18 23.29 24.45 Hourly 2,253.26 2,365.93 2,484.22 2,608.43 2,738.86 Bi-Weekly 4,882.07 5,126.17 5,382.48 5,651.61 5,934.19 Monthly HAZARDOUS MATERIAL STIPEND(5%of Fire Enar. Step E) 1.22 1 1.22 1.22 1.22 1.22 Hourly 136.94 136.94 136.94 136.94 136.94 Bi-Weekly 296.71 296.71 296.71 296.71 296.71 Monthly PARAMEDIC STIPEND(12.13%of Fire Enar.Step E) 2.97 2.97 2.97 2.97 2.97 Hourty 332.22 332.22 332.22 332.22 332.22 Bi-Weekly 719.82 719.82 719.82 719.82 719.82 Monthly CANINE STIPEND(5%of Fire Enar. Step E) 1.22 1.22 1.22 1.22 1.22 Hourly 136.94 136.94 136.94 136.94 136.94 81-Weekly 296.71 296.71 296.71 296.71 296.71 Monthly EXHIBIT "A"