HomeMy WebLinkAboutFD 2026-003 - ResolutionRESOLUTION NO. FD 2026-003
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT,
RANCHO CUCAMONGA, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND
THE FIRE UNION LOCAL 2274
WHEREAS, representatives of the Rancho Cucamonga Fire Protection District and the
Fire Union Local 2274 have met and conferred pursuant to the provisions of the Meyers-Milias-
Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of
employment; and
WHEREAS, representatives of the Rancho Cucamonga Fire Protection District and the
Fire Union Local 2274 have agreed upon and presented to this Fire Board a three-year
Memorandum of Understanding effective July 1, 2026 to June 30, 2029; and
WHEREAS, the Fire Board of the Rancho Cucamonga Fire Protection District has
previously adopted salary resolutions establishing salary ranges, benefits, and other terms of
employment for employees of the Rancho Cucamonga Fire Protection District; and
WHEREAS, the Fire Board of the Rancho Cucamonga Fire Protection District recognizes
that it is necessary from time to time to amend the salary resolution to accommodate changes in
position titles, classifications salary ranges, benefits, and other terms of employment; and
NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE
PROTECTION DISTRICT HEREBY RESOLVES that said Memorandum of Understanding with
the Fire Union Local 2274 is hereby approved and the City Manager is hereby authorized to sign
said Memorandum of Understanding (Exhibit A) on behalf of the Rancho Cucamonga Fire
Protection District, and the City Clerk to attest thereto.
Resolution No. FD 2026-003 - Page 1 of 2
PASSED, APPROVED AND ADOPTED this 1511 day of April, 2026.
- - r �' ' ' •
ATTEST:
K m evy, Sec #
I, Kim Sevy, 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 15th day of April,
2026.
AYES:
Hutchison, Kennedy, Michael, Scott, Stickler
NOES:
None
ABSENT:
None
ABSTAINED:
None
Executed this 16th day of April, 2026, at Rancho Cucamonga, California.
*Se y, S e dret
Resolution No. FD 2026-003 - Page 2 of 2
RESOLUTION NO. FD 2026-003
Exhibit A
MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
70n
RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION - IAFF LOCAL. 2274
2026-2029
Fire Union MOU 2026-2029
Contents
PREAMBLE................................................................................................................................................ 5
ARTICLE I RECOGNITION......................................................................................................................5
ARTICLE It COMPENSATION................................................................................................................5
§ 1.
Survey.............................................................................................................................................5
§ 2.
Salary Plan....................................................................................................................................7
1.
Salary on appointment...................................................................................................................
s
2.
Merit Salary Adjustments..............................................................................................................
s
3.
Salary on Promotion......................................................................................................................
9
4.
Salary on Demotion.......................................................................................................................9
5.
Salary on Transfer..........................................................................................................................9
6.
Salary on Position Reclassification..............................................................................................9
7.
.......................
Salary on Re-Employment................................................................................ ...10
8.
Salary on Rehire...........................................................................................................................10
9.
Acting Pay.....................................................................................................................................10
10.
Salary on Change in Range Assignment..............................................................................10
11.
1 Premium Pay Haz-Mat............................................................................................................11
12.
Bilingual Compensation...........................................................................................................11
13.
Paramedic Compensation.......................................................................................................11
14.
Fire Staff Premium...................................................................................................................11
15.
Technical Rescue.....................................................................................................................11
16.
Terrorism Liaison Officer Pay.................................................................................................12
17.
Education Incentive..................................................................................................................12
18.
Canine Assignment..................................................................................................................13
§ 3.
Work Periods and Overtime..................................................................................................14
A.
Work Periods...............................................................................
14
B. Work Shifts................................................................................................................................14
C. Flex Time...................................................................................................................................15
D. Overtime Pay............................................................................................................................15
E. Call Back ....................... ............................................................................................................. 16
§ 4. Uniform Allowance...................................................................................................................16
§ 5. Employee Group Insurance..................................................................................................16
A. Health Insurance.....................................................................................................................16
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Rre Union MOU 2026-2029
B.
Dental Insurance.....................................................................................................................17
C.
Vision Insurance......................................................................................................................17
D.
Life Insurance..........................................................................................................................18
§ 6.
Retirement Plan.........................................................................................................................18
A.
Benefits......................................................................................................................................18
B.
Military Service Buy-Back.......................................................................................................19
§ 7.
Work Related Injuries..............................................................................................................20
§ 8,
Carpooling........................................................................................ ......
....................................
20
§ S.
IRS 125 Plan...............................................................................................................................
20
§ 10.
Voluntary Employee Benefit Association........................................................................20
§ 11.
IAFF Medical Expense Reimbursement Plan.................................................................
21
§12.
Deferred Compensation.........................................................................................................
23
ARTICLE III LEAVES..............................................................................................................................23
§ 1.
Holidays.......................................................................................................................................23
§ 2.
Vacation Leave..........................................................................................................................25
§ 3.
Sick Leave...................................................................................................................................27
§ 4.
Conversion Factor...................................................................................................................30
§ 5.
Personal Leave..........................................................................................................................30
§ 6.
Bereavement Leave.................................................................................................................
31
§ 7.
Compensatory Time................................................................................................................31
§ 8.
Jury Duty.....................................................................................................................................32
§9.
Civil Subpoena/Criminal Subpoena...................................................................................32
A.
Civil Subpoena..........................................................................................................................32
B.
Criminal Subpoena...................................................................................................................33
§10.
Leaves of Absence without Pay......................................................................................33
§11.
Association Business.........................................................................................................34
§12.
Union Leave Bank................................................................................................................34
§13.
Natal and Adoption Pay......................................................................................................35
A.
Natal and Adoption Leave with Pay......................................................................................35
B.
Natal and Adoption Leave without Pay.................................................................................35
§14.
Family and Medical Leave.................................................................................................36
ARTICLE IV GRIEVANCE PROCEDURE...........................................................................................36
§ 1.
Purpose........................................................................................................................................36
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Fire Union MOU 2026-2029
§ 2.
Objectives................................................................................................................................... 36
§ 3.
General Provisions..................................................................................................................37
§ 4.
Informal Grievance Procedure.............................................................................................37
§ 5.
Formal Grievance Procedure...............................................................................................37
A.
Step I............................................................................................................... .........................
..37
B.
Step11.........................................................................................................................................38
C.
Step III........................................................................................................................................38
ARTICLEV DISCIPLINE........................................................................................................................39
ARTICLEVI SAFETY.............................................................................................................................39
§ 1.
Compliance.................................................................................................................................39
§ 2.
No Discrimination.....................................................................................................................39
§ 3.
Safety Equipment.....................................................................................................................40
§ 4.
Employee Responsibility.......................................................................................................40
§ 5.
Minimum Staffing.....................................................................................................................40
§ 6.
Smoking Policy.........................................................................................................................40
§ 7.
Weather Related Mandatory Recall....................................................................................41
ARTICLE VII MANAGEMENT RIGHTS...............................................................................................42
§ 1.
Scope of Rights.........................................................................................................................42
§ 1.
Emergency Conditions...........................................................................................................42
ARTICLE Vlll EMPLOYEE RIGHTS.....................................................................................................43
ARTICLE VIII MAINTENANCE OF BENEFITS..................................................................................43
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS........................................................43
ARTICLE X PROVISIONS OF LAW.....................................................................................................44
ARTICLEXI TERM..................................................................................................................................44
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Fire Union MOU 2026-2029
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 Firefighters' Association - IAFF 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 the Union as the exclusive recognized employee organization for the
representation unit, which includes non -management safety employees of the District, who
are employed on a full-time basis.
ARTICLE 11 COMPENSATION
§ 1. Survey
District will conduct a survey in accordance with the elements and procedures
provided below.
A. Timing: The survey will be completed and available for review by District and Union
no later than December 1 of the year prior to MOU expiration unless mutually agreed
otherwise by the parties. Survey data will be those compensation amounts known and
in effect as of the December 1 survey date. In the event a survey agency has a MOU
that extends beyond the end of the fiscal year during which the survey is performed,
the survey elements known and scheduled to be in force as of the following July will
also be surveyed and included in the total compensation survey by the December 1
date.
B. Survey Agencies: (1) Chino Valley Fire District, (2) City of West Covina, (3) City of
Riverside, (4) City of Pasadena, (5) City of Ontario, (6) City of Corona.
C. Survey Elements:
1. Top step base pay for Firefighter, Engineer, and Captain;
2. Emergency Medical Technician pay or stipend;
3. Paramedic pay or stipend;
4. Agency pick-up of member contributions to the Public Employees' Retirement
System ("PERS"); employer contribution to PERS, net of any employee cost -
sharing;
5. Uniform Pay;
6. Employer Contribution to 401(a) Plan;
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Fire Union MOU 2026-2029
7. Maximum employer contribution to Voluntary Employee Benefit Association
(VEBA). For the purposes of the survey, this benefit will be reflected as a fringe
benefit under MSA;
8. Maximum employer contribution to medical, dental, vision and long-term disability
plans for new employees; and
9. Any other incentive or premium that 50% or more of the individuals given in a
classification at an agency are eligible to receive, if it is also provided by 4 or more
of the survey agencies, exclusive to the District.
An individual is "eligible to receive" an incentive or premium if that individual can
receive the item upon satisfaction of specified conditions (if any), without limits as
to the number of individuals who can receive the incentive. For example, if a
specialized training incentive is available to each individual who achieves the
specific technical qualifications, the individual is "eligible to receive" that incentive
even if he or she has not yet attained the technical certification that is required to
actually receive it. Conversely, if a department offers a premium that requires
training but only grants that premium to a limited number of individuals or only to
individuals in a certain limited number of assignments, the number of individuals
above the limit are not eligible to receive the premium. In those instances, the
stipends may be reviewed and discussed on an individual basis.
D. Survey Procedures and Users:
Any survey element that is expressed as a percent of salary will be converted to a
dollar amount using the top step base pay for the classification and agency involved.
Multi -tiered survey elements involving medical benefits or other health and welfare
benefits will be surveyed based on the compensation provided to new employees for
that element. If applicable, other multi -tiered incentives will be surveyed at the highest
amount of incentive pay obtainable, so long as the thresholds in Item C.7 are met. For
comparison purposes in determining a market average, the high and low (of those that
receive any given benefit) will be dropped for each salary element, except base salary,
where all survey agencies will be used. After dropping the high and low agency, the
mean average for the applicable survey element will be calculated. The resulting
average numbers for each survey element will be added together to determine a
cumulative average total compensation. The results may be used for comparison
purposes in negotiations involving future compensation adjustments. There is no
obligation to implement and salary element or to make any compensation adjustment
based on the survey results and the parties acknowledge that other factors, including
revenue, staffing, PERS contributions and other post -employment benefit ("OPEB")
costs play a significant factor in the ability of the District to implement any survey
element.
Example:
b
Fire Union MOU 2026-2029
1. Look at a particular benefit at the maximum level achievable (in this example
highlighted in yellow for each city):
Chino Valley Fire District
7%
City
of West Covina
Benefit X —
3% or 5%
City
of Riverside
Benefit X —
5%; 10% or 15%
City
of Pasadena
Benefit X —
3% or 6%
City
of Ontario
NIA
City
of Corona
Benefit X —
2%
2. Drop high (Riverside 15%) and low (Corona 2%) from among the four agencies
that offer the benefit.
3. Average remaining three cities [(CVF❑ 7% +W.0 5% + Pasadena 6%) =6%].
4. Thus, Benefit X for market comparison purposes is assumed to be 6%.
§ 2. Salary Plan
A. Salary Adjustment
All bargaining unit members shall receive a cost -of -living adjustment according to the
following schedule:
3% effective the first full pay period in July 2026
3% effective the first full pay period in July 2027
2% effective the first full pay period in July 2028
All bargaining unit members shall receive an equity adjustment according to the
following schedule:
3% effective the first full pay period in January 2027
3% effective the first full pay period in January 2028
3% effective the first full pay period in January 2029
2% effective the first full pay period in June 2029
B. Salary Ranges
The base salary ranges for all classes in the bargaining units shall consist of five (5)
steps, labeled A through E, with approximately five percent (5%) between each step.
All stipends will be set at Step E. Advancement between steps requires a satisfactory
or higher annual performance evaluation. No employee shall receive more than one
step increase in a 12-month period unless granted for outstanding achievement
pursuant to Section 2(G) below. Placement within the range shall be in accordance
with the following:
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Fire Union MOU 2026-2029
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 six
months of service. Subsequent review dates shall fall upon the completion of
twelve (12) month service intervals.
c. The granting of an official leave of absence of more than thirty (30) continuous
calendar days, other than military leave, shall cause the employee's merit salary
review date to be extended the number of calendar days he or she was on leave.
d. If, in the supervisor's judgement, the employee's performance does not justify a
salary increase on the review date, the employee shall be reevaluated before the
expiration of six (6) months dating from the employee's review date. If the period
of postponement exceeds three (3) months and the employee receives a salary
increase, the employee shall be assigned a new review date based on the date
the increase was granted.
e. Authorized salary step increases shall become effective at the beginning of the
pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon discovery of the error,
the employee is recommended for a salary increase, the employee shall receive a
supplemental payment compensating him or her for the additional he or she would
have received had the increase been granted at the appropriate time.
g. The normal merit salary increase shall be one (1) step granted in accordance with
the preceding. However, to reward outstanding achievement and performance, the
Fire Chief may grant one (1) additional step increase not to exceed one (1) step in
any given six (6) month period.
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Fire Union MOU 2026-2029
h. In order to address a situation where application of this section would result in the
inequitable treatment of employees and upon the recommendation of the Fire
Chief and approval of the Board, an employee may be placed at any step in the
salary range for his or her class.
3. Salary on Promotion
An employee, who is promoted to a position in a class with a higher salary range than
the class in which he or she formerly occupied a position, shall receive the nearest
higher monthly salary in the higher salary range that would constitute a minimum of
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 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.
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Fire Union MOU 2026-2029
b. If the salary of the employee is the same or less than the maximum of the salary
range of the new class and the salary range of the new class is the same as the
previous class, the salary and merit salary review date will not change.
c. If the salary of the employee is greater than the maximum of the range of the new
class, the salary of the employee shall be designated as a "Y-rate" and shall not
change during continuous regular service until the maximum of the salary range to
which the class is assigned exceeds the salary of the employee.
7. Salary on Re -Employment
An employee recalled after a layoff shall receive the same salary step in the range of
the class which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may be
recommended by the Supervisor and approved by the Fire Chief. The employee's
merit salary review date shall be based on the date of rehire.
9. Actina Pay
Acting pay shall be one (1) step, approximately five percent (5%), above the affected
employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned only doing the duties appropriate to the higher class
b. Subject to D below, at least fifteen (15) consecutive workdays, five (5) shifts for
employees working twenty-four (24) hour shifts. Acting pay will be paid beginning
with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th)
shift for employees working twenty-four (24) hour shifts.
c. Subject to D below, if an employee is deployed on an assignment in a higher -class
acting position, and that deployment/assignment extends past 120 hours, the
acting employee will receive (1) step, approximately 5%, above his/her base salary
rate for the entire deployment/assignment.
d. In any instance where it is reasonably anticipated at the commencement of the
acting assignment that the assignment is likely to extend beyond fifteen (15)
consecutive workdays or five (5) shifts, the described five percent (5%) acting pay
shall commence being earned from the first day/shift of the acting assignment.
10. Salary on Change in Ran a _Assignment
When a class is reassigned to either a higher or lower salary range by the Board, the
salary of each incumbent in such a class on the date the reassignment is effective
shall be adjusted to the step he or she was receiving in the former range.
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Fire Union MOU 2026-2029
11. Premium Pay Haz-Mat
The number of personnel maintained on the Haz-Mat team is determined 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 2 years unless removed earlier by the District. Training to
maintain status on the team shall be at the District's 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. Bilingual Compensation
Bargaining Unit members who qualify for bilingual pay shall be compensated at the
rate of seventy-five dollars ($75.00) per month. Employees must pass an examination
demonstrating their proficiency in the Spanish, Chinese, or Japanese languages.
13. Paramedic Compensation
Regardless of the classification of unit members who are eligible for paramedic
compensation, said compensation shall be the equivalent of 13.92% per month of Step
E of the base salary of the Engineer Classification.
Paramedic pay differential may be authorized for any of the company ranks of
Firefighter, Fire Engineer or Fire Captain. Effective for employees hired after January
1, 2015, the paramedic pay differential may not be continued upon promotion
according to District need and the discretion of the Fire Chief.
14. Fire Staff Premium
The District agrees to provide a stipend that is equivalent to 11 % percent of the
employee's current base salary, to rank and file local firefighters who are routinely and
consistently assigned to administrative work during normal hours of employment that
may differ from the work schedule of fire suppression personnel.
15. Technical Rescue
The number of personnel maintained on the Technical Rescue team is determined by
the District. Personnel on the team must maintain all required certifications and attend
reasonable training sessions deemed necessary by the District and agree to remain
members of the District's Technical Rescue Team for a period of 2 years, unless
removed earlier by the District. Training to maintain status on the team shall be at the
District's expense. Members who meet the above requirements shall be compensated
for their involvement by being paid a dollar amount equal to 5% per month of Step E
of the Fire Engineer class.
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Fire Union MOU 2026-2029
16. Terrorism Liaison Officer Pay
The District has determined there is a need to provide premium pay for the position of
Terrorism Liaison Officer for Homeland Security reasons. This premium is being
provided for the Safety Officer Training/Coordinator work for which they are
responsible. The Terrorism Liaison Officers will routinely and consistently instruct
personnel in safety procedures and department standard operating guidelines based
on current threats and anticipated modes of attack. The number of personnel receiving
Terrorism Liaison Officer's pay shall be determined by the District, but for the term of
this MOU shall be a maximum of three (3) Firefighters. Personnel on the team must
maintain all required certifications and attend reasonable training sessions deemed
necessary by the District and agree to remain Terrorism Liaison Officers for a period
of 2 years, unless removed earlier by the District. Training to maintain status on the
team shall be at the District's expense. Members who meet the above requirements
shall be compensated for their involvement by being paid a dollar amount equal to
2.5% per month of Step E of the Fire Engineer class.
17. Education Incentive
The District shall provide to employees an educational incentive equal to the following:
Bachelor of Arts/Bachelor of Science or Fire Officer Certification
$350 effective the first full pay period in July 2026
$375 effective the first full pay period in July 2027
$400 effective the first full pay period in July 2028
Master of Arts/Master of Science or Chief Officer Certification
$550 effective the first full pay period in July 2026
$575 effective the first full pay period in July 2027
$600 effective the first full pay period in July 2028
Eligibility for the above -mentioned education incentive requires proof of graduation
and receipt of degree from a college or university that is accredited by a national
recognized accrediting agency approved by the United States Secretary of Education
and found on the United States Department of Education website.
Compliance with the Fire Officer/Chief Officer certification requires proof of
satisfactory completion (C or better or "pass" in a pass/fail class) of all required classes
for the Certification Track currently authorized and approved by the California State
Fire Marshall for Fire Officer or Chief Officer. Degrees earned online shall be
accompanied by a declaration under penalty of perjury that the subject employee
personally performed all requirements for issuance of the degree. The Fire Chief's
determination regarding eligibility for an education incentive shall be final.
The above -mentioned education incentives shall be non -cumulative, meaning that an
employee who meets the highest recognized education incentive, which would be the
Master of Arts/Master of Science or Chief Officer Certification, shall receive only one
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Fire Union MOU 2026-2029
incentive pay regardless of whether they have also met the lower recognized
education incentive also. Neither shall an employee receive education incentive pay
or both a degree and a certification.
18. Canine Assignment - Community Outreach and Support Team (COAST) Service Dog
and Peer Support Service Dog programs
At the sole discretion and authority of the Fire Chief, an employee of the Rancho
Cucamonga Fire Protection District may be assigned to work with a Community
Outreach and Support Team (COAST) Service Dog or a Peer Support Service Dog
(Service dog).
The employee assigned to work with a Service dog will be responsible for all duties
involved in the care, grooming, feeding and training of the canine and maintenance of
the vehicle used to transport the canine.
The assignment will not be a promotion. An employee may be removed from a canine
assignment at the discretion of the Fire Chief or designee, and unless specifically
stated as such, removal from such assignment will not be considered punitive in
nature,
Time spent by the employee for off duty care and feeding of the canine will be hours
worked pursuant to the Fair Labor Standards Act (FLSA) (29 United States Code
Sections 201 et seq.). The employee will be compensated for thirty (30) minutes each
day for the off -duty care, grooming, feeding and training of the canine and
maintenance of the vehicle used to transport the canine, which the Parties agree after
analyzing the duties required and the time necessary to perform them, is a reasonable
amount of time to complete these required off -duty tasks. The employee may spend
more than thirty (30) minutes a day off -duty with the canine, but any time over the
agreed upon thirty (30) minutes a day shall be normal owner -related activities for the
enjoyment of the individual and the canine and shall not be compensated.
The seven (7) hours for off -duty care, grooming, feeding and training of the canine and
maintenance of the vehicle used to transport the canine each pay period referenced
above will be compensated at the base rate of twenty-three dollars ($23.00) per hour
and paid at 1.5 times that rate.
The provisions set forth herein were intended to comply with the requirements of the
FLSA as set out in Leever v. City of Carson City, 360 F.3d 1014 (91h Cir. 2004) and 29
Code of Federal Regulations §785.23 as a reasonable approximation of the time spent
in the care and feeding of an assigned Service dog.
The pay for the off -duty care, grooming, feeding and training of the canine and
maintenance of the vehicle used to transport the canine shall not be reportable to
CalPERS as special compensation under 2 California Code of Regulations, section
571, nor as pensionable compensation under 2 California Code of Regulations,
section 571.1.
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Fire Union MOU 2026-2029
Whenever possible, training and veterinarian visits should be scheduled while the
assigned employee is on -duty. Any required deployment, training or vet visits, etc.
outside of regular working hours shall be considered hours worked under the FLSA
and compensated at the employee's ordinary rate of pay and not the agreed upon
canine rate set out above.
All food, training, veterinary services, and canine equipment will be paid for or
reimbursed by the Fire District and is not considered compensation to the employee.
The compensation shall not be paid during any period of extended leave, e.g., more
than one consecutive pay period, during which the employee is no longer responsible
for caring for the Service dog. When an employee serves as a secondary comfort
canine handler, they will be compensated for thirty (30) minutes each day of off -duty
time caring for the canine as outlined above. When not caring for the canine due to
being on leave or otherwise not available during off -duty days, the lead handler shall
not receive handler compensation. Both the lead and secondary handler shall not be
compensated for the same calendar day.
§ 3. Work Periods and Overtime
A. Work Periods
1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists of
a 24-day rotation pursuant to section 207(k) of the Fair Labor Standards Act
(FLSA) as follows:
SUN MON TUES WED THURS FRI SAT
2. The pay period for shift personnel is 14 days. Overtime is paid for time worked in
excess of one hundred six (106) hours in the pay period.
3. The work period for forty (40) hour personnel is seven (7) days with overtime
being time worked in excess of forty (40) hours in the period.
4. Pursuant to Section 7(k) of the Fair Labor Standards Act (FLSA), newly hired,
trainee firefighters who are students at the RCFD Fire Academy shall work a 48-
hour per week schedule, inclusive of a paid meal period and breaks.
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.
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Fire Union MOU 2026-2029
2. Personnel assigned to a forty (40) hour schedule shall work Monday through
Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60) minute
meal period. Employees who experience hardship due to childcare issues, may
request alteration of their schedule by taking a'/2 hour lunch and arriving at work
Y2 hour late or leaving work'/ hour early. Additionally, employees who carpool at
60% of the pay period and 60% of the distance into their assigned workplace are
eligible to leave'/ hour early from work or arrive 1/2 hour late.
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.
3. Employees may request schedule changes to address personal interests.
Whenever possible such requests will be accommodated, provided however, that
needs of the service as determined by the District will take precedence over
employee preferences.
4. The District will not affect schedule changes but for good and sufficient cause.
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.
2. 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 leaves as well as time spent in a criminal or civil proceeding pursuant to a
subpoena issued in connection with the employee's employment with the District
shall be considered as hours worked for purposes of computing overtime.
3. For the purposes of this section, work time shall not include traveling to and from
the normal work site.
4. 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.
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Fire Union MOU 2026-2029
5. 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 unit employee called back to work during off -duty hours shall be paid at time and
one-half (1.5) the employees' regular rate of pay with a minimum of two (2) hours for
each such call back. Work shall be paid in half hour increments (work over fifteen (15)
minutes constitutes one half hour). This section not to be interpreted as requiring said
minimum in the event of an extend workday or when the employee begins his or her
regular work shift before the normal starting time.
§ 4. Uniform Allowance
A. The District shall provide four (4) sets of work uniforms for each employee who is
required to wear a uniform prior to his or her star` date. The value of these initial
uniforms provided shall be reported to CalPERS as compensation in accordance
with applicable CalPERS requirements. Suppression members must buy their own
Class A uniforms at the completion of probation.
B. The District shall pay each employee a uniform allowance annually, on the first
pay period in July, an amount equivalent to the cost of four (4) sets of uniforms.
Each uniform consists of a pair of midnight navy dual compliant pants and a short
sleeve class B shirt. The cost will be based on the current retail cost at the District's
preferred vendor as of March 15f of that year. The amount for the 26-27 Fiscal Year
is $2,250. The amount will be reported to CalPERS as compensation in
accordance with CFR 571 and 571.1.
§ 5. Employee Group Insurance
District agrees to provide group insurance plans in accordance with the following, and
in accordance with Resolution FD 08-013, which is incorporated into this MOU by
reference:
A. Health Insurance
1. District will provide medical insurance through the State of California Public
Employee's Medical and Hospital Care Program (PEMHCA).
2. District shall provide fully paid employee and family health insurance for all
existing full-time 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 paid employee and family health insurance for all full-time
employees hired after November 17, 1994, at the monthly amount equal to the
average eligible "Public Employees Medical and Hospital Care Program"
(PEMHCA) medical rates available to active Local 2274 members covering
San Bernardino County. The monthly contribution amount averages will be
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Fire Union MOU 2026-2029
calculated annually during the open enrollment period with changes going into
effect when the new rates go into effect.
4. All new full-time employees hired after November 17, 1994, shall be
responsible for paying their premiums for medical insurance through the State
of California Public Employees Medical and Hospital Care Program, upon
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 provide the following: (1) proof that the employee
and all individuals for whom the employee intends to claim a personal
exemption deduction for the taxable year or years that begin or end in or with
the District's plan year to which the opt out applies ("tax family"), have or will
have minimum essential coverage through another source (other than
coverage in the individual market, whether or not obtained through Covered
California) for the plan year to which the opt out arrangement applies ("opt out
period"); and (2) the employee must sign an attestation that the employee and
his/her tax family have or will have such minimum essential coverage for the
opt out period. An employee must provide the attestation every plan year at
open enrollment, within 60 days of the date of hire, or within 30 days after the
start of the plan year. The opt -out payment cannot be made and the District
will not in fact make payment if the employer knows that the employee or tax
family member doesn't have such alternative coverage, or if the conditions in
this paragraph are not otherwise satisfied. Selection of compensation shall be
at the employee's discretion. The employee may re-enter the Districts health
plan at any time.
6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on
the issue of health insurance benefits to address changes to or the elimination
of the ACA and in order to avoid penalties or taxes under the ACA or other
statutory scheme that may result from an interpretation of the ACA or other
statutory scheme by the Internal Revenue Service or other federal agency
(including, but not limited to, a revenue ruling, regulation or other guidance) or
state agency, or a ruling by a court of competent jurisdiction. These
negotiations will not result in a reduction in the amount the District provides for
employee health coverage.
B. Dental Insurance
District shall continue to provide fully paid employee and family dental insurance
plan for all full-time employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full-time
employees.
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Fire Union MOTS 2026-2029
D. Life Insurance
All full-time employees shall be provided a term life insurance policy of $50,000, paid
by District.
§ 6. Retirement Plan
A. Benefits
District is enrolled in the State of California Public Employee's Retirement System.
Except as described herein, all benefits provided District employees under the
District's Plan are paid by the District. Present benefits for public safety employees
include the following:
1. Tier 1 - Employees hired prior to July 1 2011:
§ 21362.2 3% at 50 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Year Final Compensation
Employees pay 9% of the normal CalPERS member contribution.
2. Tier 2 - Employees hired on or after 7I1111 and through 12/31/12 and Classic
PERS members, as defined by PERS, who are hired on or after January 1.
_„
2013:
§ 21363.3 3% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Year Final Compensation
Employees pay 9% of the normal CalPERS member contribution.
3. Employees who are New PERS Members, as defined by PERS who are hired on
or after January 1, 2013:
Employees are classified as New Members of PERS when they meet the definition
of a "new member" for purposes of retirement pension benefits pursuant to the
Public Employees' Pension Reform Act of 2013. Generally, this includes
employees that were hired into a regular position on or after January 1, 2013, or
former PERS members who have more than a six-month break in service.
CalPERS ultimately determines who is a new member in compliance with the law.
Employees who are classified as New Members shall be eligible for the 2.7% at
57 Formula, 3-year final compensation average.
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Fire Union MOU 2026-2029
The employee contribution for new members shall be one-half the normal cost, as
determined by CalPERS. As of the effective date of this MOU, the required
employee contribution for new members is 11.5% of reportable compensation.
This amount will be adjusted periodically by CalPERS, and the District employee
contribution adjusted accordingly per state statute.
The District has adopted a resolution providing that all employee CalPERS
contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
It is understood that all contributions paid by the employee as described in Parts 1
through 2 above shall be calculated based upon the pay rate (i.e. full base salary
of the employee), plus any additional special compensation, including any
Employer Paid Member Contributions (EPMC), and as described above in Part 3
above, on the pensionable compensation as defined in the California Public
Employee's Pension Reform Act of 2013 ("PEPRA").
The District adopted a resolution providing that all employee CaIPERS
contributions shall be deducted on a pre-tax basis to the extent permitted by law
or IRS regulation. All employee payments of the employer share are done pursuant
to Government Code Section 20516(f).
B. Military Service Buy -Back
District provides for employees to buy back military service credit at the employee's
own expense pursuant to PERS regulations.
C. CalPERS Cost Sharing — (Classic Members)
Effective the first full pay period in July 2023, Classic CalPERS members contribute
1 % of compensation earnable via payroll withholding as cost sharing of the employer
contributions required by CalPERS. The cost sharing contributions shall be made
pursuant to Government Code section 20516(f).
The MOU shall be reopened should PEPRA rates fluctuate during the term of the
contract. If an agreement cannot be reached by April 1st of the year that PEPRA rates
are set to change, the Classic member cost -sharing amount shall fluctuate at the start
of the fiscal year based on changes to the PEPRA rate set out in the CalPERS
valuation for that fiscal year. The amount of Classic member cost sharing shall be
capped at a maximum of 3% of compensation earnable and at a minimum of 0%. For
example, if the CalPERS valuation for the fiscal year requires an increase in PEPRA
member contributions of .25%, the Classic member cost sharing shall increase from
1 % to 1.25% of compensation earnable. The cost -sharing contributions shall be made
pursuant to Government Code section 20516(f).
This in no way affects the employee share of 9% that Classic employees contribute
towards the cost of their retirement or the amount that PEPRA members contribute
towards the employer/member share that is set by CalPERS.
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Fire Union MOU 2026-2029
§ 7. Work Related Injuries
All unit 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.
§ 8. Carpooling
Those employees participating in a carpool during going to and from their residence
and work site shall not be in receipt of a reduced workday. Rather, those employees
participating in a "carpool' shall be accorded the following benefit:
Eligible carpool employees shall be regular, full-time employees who voluntarily
participate in and file a "rideshare application agreement".
Eligibility for ride -share related benefits is conditioned upon:
1. Each affected regular and full-time employee shall ride -share with another
person(s) in a car or vanpool.
2. In the alternative, each affected regular and full-time employee shall drive to and
from work other than in an automobile. For example, such transportation may
include a bicycle, public transportation, or walking.
3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full-
time employee participating 60% of the total workdays during a given month, 2)
ride -sharing for at least 60% of the commute distance, and 3) ride -sharing between
the hours of 6 and 10 a.m. of the employee's scheduled work shift.
Individuals meeting the above qualifications shall earn $2 for every day that the
employee rideshares, paid at the end of each quarter. Further, the City is desirous
of devising some type of "drawing" to provide a singular person on a monthly basis
with an item of value in recognition of ridesharing.
§ 9. IRS 125 Plan
District shall implement authorized pre-tax payroll deduction of out-of-pocket medical
contribution premiums. Said pre-tax payroll deduction shall not only be used for the
purpose of paying the difference between the amount of District funded premiums for
District -provided health insurance plans, and the amount of out-of-pocket premium
payments borne by the employee regarding District -provided plans.
§ 10. Voluntary Employee Benefit Association
The City has established a Voluntary Employee Benefit Association (VEBA) through
the California Government Voluntary Employee Benefit Association to assist
employees with planning for future healthcare expenses. Represented employees are
allowed a one-time election to opt into the plan. Represented employees shall be
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Fire Union MQU 2026-2029
eligible to participate in the plan according to a schedule to be established as an
addendum to this MOU.
Contributions to the Plan shall be made as District contributions through a salary
reduction arrangement and are made on a pre-tax basis in accordance with IRS
provisions. The District will contribute 2% of base salary per pay period. Example: a
biweekly base pay of $2,000 equals a biweekly contribution of $40. At the discretion
of the Union, employee contributions may be amended once per year provided that
such amendment is permitted by IRS regulations and in conformity with the Plan
Document.
§ 11. IAFF Medical Expense Reimbursement Plan
A. Acknowledgement
The District acknowledges that the Union has entered into an agreement with
the IAFF Medical Expense Reimbursement Plan (hereafter, the "IAFF
MERP") of the Washington State Council of Fire Fighters Employee Benefit
Trust (hereafter, the "Trust"). The purpose of the Trust shall be to provide for
retiree health expense reimbursement benefits. The Trust shall be, and
remain separate and apart from any District health insurance funding
program.
B. Defined Class of Employees Receiving Contributions
The "Defined Class" of employees receiving contributions to the Trust as set
forth below, consists of all employees represented by the Union.
C. Employee Contribution Amount
The District shall withhold a mandatory pre-tax per pay period contribution set
forth in Table C-1 below from the pay of every employee of the Defined Class
based on the employee's date of hire with the District. The District shall transmit
such contributions to the Trust pursuant to the requirements in Part (E) below.
No employee shall be permitted to opt -out of the mandatory employee
contributions or receive any portion of the contribution in cash.
Table C-1
Employee Date of Hire with the
District
Per Pay Period Employee
Contribution Amount
Prior to 2010
$200
2010 through 2019
$150
2020 through present
$100
D. District Contribution Amount
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Fire Union MOU 2026-2029
The District shall not make recurring monthly or pay period contributions to
the Trust unless expressly set forth in this section.
1) Transfer of Employee Sick Leave — At Retirement.
For every employee in the Defined Class, the District shall, upon the
employee's retirement from the District, irrevocably contribute to the
employee's Trust account on a pre-tax basis, an amount equal in value to
100% of the payments that would otherwise be paid to the employee for
unused Sick Leave. The employee, by written election received by the
District no later than 30 days prior to retirement, may elect to direct any
portion of the value of the accrued Sick Leave to a District sponsored
401(a) plan, 457(b) plan up to allowable IRS plan limits and/or apply
unused Sick Leave hours to CalPERS Service Credit.
No employee in the Defined Class shall have the option to receive cash
for the value of the accrued Sick Leave in lieu of making contributions to
the Trust and/or 401(a), 457(b) plans or CaIPERS Service Credit.
2) Transfer of Employee Vacation Leave — At Separation.
For every employee in the Defined Class, the District shall, upon the
employee's separation from the District, irrevocably contribute to the
employee's Trust account on a pre-tax basis, an amount equal in value to
50% of the payments that would otherwise be paid to the employee for
unused Vacation Leave. The employee, by written election received by
the District no later than 30 days prior to retirement, may elect to direct
any portion of the value of the accrued Vacation Leave to a District
sponsored 401(a) plan or 457(b) plan up to allowable IRS plan limits.
No employee in the Defined Class shall have the option to receive cash
for the value of the 50% of accrued Vacation Leave set forth herein in lieu
of making contributions to the Trust and/or 401(a) or 457(b) plans.
The remaining 50% value for accrued and unused Vacation Leave shall
be paid to the separating employee in cash.
E. Remittance of Contributions
The District shall remit all contributions set forth herein directly to the custodian of
the Trust within 30 days of the date the payment would have been payable to the
employee. The District hereby acknowledges receipt of the Trust Agreement
governing the Trust and will comply with rules set by the Trust in regard to reporting
and depositing the required contributions set forth herein.
F. Reporting to the Trust Office
The District shall electronically submit to the Trust Office a report of contributing
employees for each contribution sent to the Trust, in the format requested by the
Trust, and received by the Trust Office within five (5) days of receipt of the
contribution funds. The report will include at a minimum. employee first and last
name, with suffix as applicable; employee number; Social Security Number;
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Fire Union MOU 2026-2029
employee status (e.g., active, on leave); date of birth; gender; date of hire;
bargaining unit; date of change in bargaining unit, as applicable; home mailing
address; District contribution amount; Employee contribution amount; leave
transfer amount, as applicable; separation date, as applicable; and separation
reason.
The District shall also provide an initial report of contact information for all
contributing Employees to the Trust Office, in a format reasonably requested by
the Trust, and shall send updates to this information to the Trust Office whenever
the District has notice of changes to the information.
The Trust Office will provide a secure data transfer platform or process for
transmission of this employee information to the Trust Office.
G. Modification of Employee Contributions
The District and the Union agree that the Union has the right, subject to approval
of its members according to the Union's internal rules, to prospectively modify the
amount of the mandatory employee monthly contribution (Section C) once per
fiscal year, or to include the mandatory transfer of employee leave for which the
Employee is eligible to receive monetary compensation during the course of this
Agreement, as long as the modification is mandatory for all employees in the
Defined Class.
H. Indemnification
The Union agrees to indemnify and hold the District harmless from any liabilities
of any nature which may arise as a result of the operations of the Trust, except for
the obligation of the District to remit and report on the non -elective transfer of
contributions as described in this Section.
§12. Deferred Compensation
1. 457 Plan
Effective the first full pay period in August 2019, bargaining unit members may
continue to contribute to the 457 plan, however; the Fire District will no longer
match contributions.
2. 401(a) Plan
Effective the first full pay period in August 2019, the Fire District will establish and
contribute 2% of base salary per pay period.
ARTICLE Ill LEAVES
§ 1. Holidays
A. Employees shall accrue holiday time as follows:
Type of Per Maximum
Personnel Holiday Annually Accrual
23
Fire Union MOU 2026-2029
Shift Personnel (56- 12 hours 168 hours 216 hours
hour work schedule)
40-hour Personnel 10 hours 140 hours 180 hours
B. 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 for the term of this contract are as follows:
40 Hour Personnel
July 4
Independence Day
September
Labor Day (1 st Monday)
November 11
Veterans Day
November
Thanksgiving (4th Thursday)
November
The day following Thanksgiving
December 24
The day preceding Christmas
December 25
Christmas
January 1
New Years Day
January
Martin Luther King's Birthday (3rd Monday)
February
President's Day (3rd Monday)
May
Memorial Day (last Monday)
Three (3) discretionary (floating) days may be taken by an employee at his or her
convenience, subject to approval by the supervisor. The thirty (30) hours for the three
(3) floating holidays shall be credited to the employee at the start of pay period No. 1
of each fiscal year. Whenever a holiday falls on a Sunday, the following Monday shall
be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the
preceding Thursday shall be observed as the holiday.
56 Hour Personnel
July 4
September
September
October 12
November 11
November
November
December 24
December 25
Fire Union MOU 2026-2029
Independence Day
Labor Day (1st Monday)
Admissions Day
Columbus Day
Veterans Day
Thanksgiving (4th Thursday)
The day following Thanksgiving
The day preceding Christmas
Christmas
24
January 1 New Years Day
January Martin Luther King's Birthday (3rd Monday)
February 12 Lincoln's Birthday
February 22 Washington's Birthday
May Memorial Day (last Monday)
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 to
the employee by District.
D. Holiday time shall be accrued annually beginning with the first pay period of the
fiscal year within the pay period which it occurs. Beginning in calendar year 2022.
the two December holidays will accrue on November 30 of each year.
Beginning December 1, 2021, and annually thereafter, any employee that
wants to have the District buy back holiday hours shall make an irrevocable
election to do so. The irrevocable election shall be submitted in writing to the
City's Human resources Department on or before December 15 and shall
indicate the number of hours of holiday that the employee expects to earn in
the following calendar year that the employee wants the District to buy back in
December (on the first pay period in December). Regardless of the number of
hours requested to be cashed out, the most the District can cash out is the
number of hours accrued and available in that calendar year to date.
2. Holidays may be used as scheduled time off with the approval of the
Supervisor.
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.
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Fire Union MQU 2026-2029
All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule:
40-hour Personnel
Years of
Completed Service
Annual
Accrual
Maximum
Accrual
Pay Period
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 hours/5 shifts
288.0
4.615
4-7 years
180 hours/7.5 shifts
408.0
6.923
8-10 years
240 hours/10 shifts
528.0
9.231
11-14 years
264 hours/11 shifts
528.0
10.154
15-19 years
288 hours/12 shifts
528.0
11.077
20-24 years
312 hours/ 13 shifts
528.0
12.002
25} years
336 hours/14 shifts
528.0
12.923
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 in addition
to the employee's annual accrual of vacation, if a shift employee, or 10 hours, if a
40-hour employee. The employee shall, beginning the 11 t", 16th 21 st and 26th year,
resume accruing 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. For every employee in the Defined Class, the District shall, upon the employee's
separation from the District, irrevocably contribute to the employee's Trust
account on a pre-tax basis, an amount equal in value to 50% of the payments
that would otherwise be paid to the employee for unused Vacation Leave. The
employee, by written election received by the District no later than 30 days prior
to retirement, may elect to direct any portion of the value of the accrued Vacation
26
Fire Union MOU 2026-2029
Leave to a District sponsored 401(a) plan or 457(b) plan up to allowable IRS plan
limits.
No employee in the Defined Class shall have the option to receive cash for the
value of the 50% of accrued Vacation Leave set forth herein in lieu of making
contributions to the Trust and/or 401(a) or 457(b) plans.
The remaining 50% value for accrued and unused Vacation Leave shall be paid
to the separating employee in cash.
§ 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. Accrual
All unit employees shall accrue sick leave as follows:
Personnel Monthly Annual Accrual Max. Accrual
40-hour Personnel 10 hours 120 hours No limit
Shift Personnel 12 hours 144 hours No limit
(112 shift) (6 shifts)
B. Use
1. 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 childbirth
of a member of his/her immediate family, as defined in District Personnel
Rules.
2. Types of Sick Leave Use
a. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health -related
reason (such as the diagnosis, care or treatment of a health condition), or
preventive care.
27
Fire Union MOU 2026-2029
b. Family Sick Leave
Employees can use sick leave for the illness or injury of a health -related
reason (such as the diagnosis, care or treatment of a health condition), or
preventive care of a qualified family member.
For the purpose of Family Sick Leave, a qualified member means the
employee's: child (includes any age or dependency status, or for whom the
employee is a legal ward or stands in loco parentis), parent (includes
person who stood in loco parentis of the employee as a child), parent -in-
law, spouse, registered domestic partner, grandparent, grandparent -in-law,
great-grandparent, great -grandparent -in- law, grandchild, great-grandchild,
or sibling.
c. Other Statutory Use
Sick leave can be used to cover an absence for an employee who is victim
of domestic violence, sexual assault, or stalking to:
1. Obtain or attempt to obtain a temporary restraining order or other court
assistance to help ensure the health, safety, or welfare of the employee
or their child(ren).
2. Obtain medical attention or psychological counseling; services from a
shelter; program or crisis center; or participate in safety planning or
other actions to increase safety.
3. No employee shall be entitled to sick leave with pay while absent form duty for
the following causes:
a. Disability arising from sickness or injury purposely self-inflicted or caused
by his or her own willful misconduct.
b. Sickness or disability sustained while on leave of absence.
4. Sick leave shall not be used in lieu of or in addition to vacation.
C. 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, except personal leave (see Section 5).
D. 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.
E. 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
28
Fire Union MOU 2026-2029
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.
F. 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.
G. Employees with ten (10) or more years of service shall be eligible to convert
unused sick leave to vacation in accordance with the following:
1. Shift Employees who, in the preceding calendar year, accrued 180 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.
H. Upon the retirement of an employee, the employee may elect from one or more of
the following options:
• Sell back up to fifty percent (50%) of his/her accumulated unused sick
leave at the employee's regular hourly rate of pay at retirement.
• Designate accumulated unused sick leave for CaIPERS service credit
per Government Code Section 20965.
• For every employee in the Defined Class, the District shall, upon the
employee's retirement from the District, irrevocably contribute to the
employee's Trust account on a pre-tax basis, an amount equal in value
to 100% of the payments that would otherwise be paid to the employee
for unused Sick Leave. The employee, by written election received by
the District no later than 30 days prior to retirement, may elect to direct
any portion of the value of the accrued Sick Leave to a District
sponsored 401(a) plan, 457(b) plan up to allowable IRS plan limits
and/or apply unused Sick Leave hours to CalPERS Service Credit.
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No employee in the Defined Class shall have the option to receive cash
for the value of the accrued Sick Leave in lieu of making contributions
to the Trust and/or 401(a), 457(b) plans or CaIPERS Service Credit.
§ 4. Conversion Factor
The factor used to convert the accruals for forty (40) hour per week personnel to fifty-
six (56) hour per week personnel will be:
Vacation, 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 from 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.
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.
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Fire Union MOU 2026-2029
and shall indicate the number of hours of CTO that the employee expects to earn
in the following calendar year that the employee wants the District to buy back This
buyback shall occur twice annually, in July (on the first pay period in July) and
December (on the first pay period in December). Regardless of the number of
hours requested to be cashed out, the most the District can cash out is the number
of hours accrued and available.
B. 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.
C. Compensatory time may also be earned for special and/or unusual work situation
not provided for in the preceding paragraphs.
§ 8. Jury Duty
Any member of District who is called or required to serve as a trial juror may be absent
from duty with District during the period of such service or while necessarily being
present in court as a result of such call. Such member on jury duty will continue to
receive normal pay, provided he or she:
A. Notifies his or her supervisor, in advance, with adequate time remaining so that
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 Deputy 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.
§9. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of the District have been served a civil subpoena to appear in court
as a witness due to actions as a District employee, the following procedure shall be
followed:
1. Personnel will be paid at their regular hourly rate while they are in court. Per
Fire District Rules and Regulations such appearances shall be considered
"hours workecf' for purposes of computing overtime eligibility in accordance
with applicable rules and Memorandum of Understanding.
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Fire Union MOU 2026-2029
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. These twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour)
throughout the fiscal year. Use this time for emergency situations requiring the
employee's attention and needs to be cleared with their supervisor when using this
time.
§ 6. Bereavement Leave
When a death occurs in the family of a full-time employee, 40-hour personnel shall be
granted up to 80 hours of bereavement leave with pay and Shift personnel shall be
granted up to 112 hours of bereavement leave with pay. A death certificate or other
acceptable evidence may be required by the City Manager or designee before leave
is allowed. Family members are defined as follows: employee's spouse or domestic
partner, employee's parents, employee's grandparents, employee's children, son-in-
law, daughter-in-law, employee's siblings,or employee's grandchildren, employee's
spouse or domestic partner's parents, employee's spouse or domestic partner's
grandparents, grandparents -in-law, brother-in-law, sister-in-law, employee's spouse
or domestic partner's children, employee's spouse's grandchildren, or a blood relative
residing with employee.
The City Manager or designee shall approve such bereavement leave. (References
to domestic partner refer to registered domestic partners, as defined by California
Family Code Section 297.) 40-hour personnel are eligible for up to an additional forty
(40) hours of bereavement leave in addition to the currently provided eighty (80) hours
and Shift personnel are eligible for up to an additional fifty-six (56) hours of
bereavement leave, in addition to the currently provided one hundred and twelve (112)
hours, when the bereavement leave is related to the employee's spouse or domestic
partner, employee's parents, employee's children, son-in-law, daughter-in-law, or
employee's siblings, employee's spouse or domestic partner's parents, employee's
spouse or domestic partner's children, or a blood relative residing with the employee.
The parties agree to review any usage concerns in June 2024.
§ 7. Compensatory Time
A. In lieu of overtime pay, a unit employee, at the employee's option, may be
compensated with compensatory time off (CTO). CTO will accrue at the rate of one
and one-half hours for each overtime hour worked. An employee may accumulate
a maximum of 144 hours of CTO. Annually, any employee that wants to have the
District buy back CTO hours at the "HolidayNacation/Compensation Time" shall
make an irrevocable election to do so. The irrevocable election shall be submitted
in writing to the City's Human Resources Department on or before December 15
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Fire Union MOU 2026-2029
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. 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. Per Fire District Rules and Regulations such appearances shall be
considered "hours worked" for purposes of computing overtime eligibility in
accordance with applicable rules and Memorandum of Understanding.
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.
§10. 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.
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Fire Union MOU 2026-2029
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.
§11. Association Business
The Association president, or others designated by him or her (up to a maximum of
seven representatives), shall be permitted reasonable time off without loss of pay for
the conduct of Associate business, including, but not limited to, negotiations,
processing grievances, representing employees in disciplinary matters, and meeting
with District personnel. Representatives of the Association shall be compensated for
all hours spent in actual negotiations with the District and meetings with district
personnel, whether regularly scheduled to work that day or not.
§12. Union Leave Bank
In addition to any other paid time off provided to the Association's Board of Directors
under any other provisions of this MOU, existing rules, regulations or practices, there
is hereby created a Union Leave bank for the sole and exclusive use of the Union.
Each active member of the Union shall have 0.4615 hours of vacation leave
irrevocably deducted from his or her vacation or holiday leave accrual each biweekly
pay period. Twice each year, in January and July, the Union Executive Board shall
have the authority to amend the deduction described above. If such an amendment is
approved, the union President shall notify the Finance Director in writing of the new
deduction amount. The new deductions shall be accomplished as soon as practical.
The District will deduct the hours from vacation time first, then from accrued holiday
time. A member can notify the Finance Director by the first Monday in August of each
year if they want the time deducted from accrued holiday leave time first, then accrued
vacation leave time. Said hours shall be deposited into the Union Leave Bank. Each
pay period the Finance Director, or his or her designee, shall furnish the Union
President, or his or her designee, with an accounting of the Union Leave Bank in the
form of a Leave Hours Balance Report. The report will include that pay period's
beginning balance, new deposits, hours used, and the remaining balance of hours.
A Union member desiring to use available Union Leave must obtain authorization from
the President of the Union, or his or her designee. The authorization must specify the
amount of time that is to be used and the business or activity that is to be used for.
Once approval is obtained, and if time is available in the Union Leave Bank, the Union
member shall designate the time used in Telestaff for the pay period as "Union Leave"
and attach a note stating who approved the use of Union Leave. The Union member
shall be paid at his or her regular rate of pay for each such time. Union Leave may
only be used in increments of one hour. If the Union member will be absent from work
on Union Leave, the member must follow the rules and procedures set forth in the
Situational Staffing Policy (1-012).
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In the event the Union is dissolved, or the Union Leave Bank is discontinued by
agreement of the parties, any remaining balance shall be distributed as vacation time
evenly to all active employees of the Union at the time of such distribution. The
distribution of hours will occur without regard to an individual employee's regular rate
of pay.
At any time should the District's budget analysis indicate a need to reduce
administrative overtime programs, the use of the Union Leave Bank can be temporarily
suspended by the Fire Chief, or his or her designee. The Fire Chief will analyze the
use of administrative time at the end of each quarter, using the following gauges: i) 1 st
Quarter no more than 24%; ii) 2nd Quarter no more than 47%; iii) 3rd Quarter no more
than 74%; and iv) 4th Quarter within the adopted budget. If at the end of any quarter
the respective gauge is exceeded, the District will notify the Union President in writing
of the need to temporarily suspend the use of the Union Leave bank, except for
previously approved uses. Such notification will become effective at the beginning of
the next pay period following the date of the notification. The District will analyze the
overtime expenditures every 60 days from the date of the written notification and will
determine when the temporary suspension can be removed. The temporary
suspension will automatically be removed at the beginning of the first pay period that
falls into a new fiscal year.
The District shall jointly administer the Union Leave Bank with Union, as specified
herein, without charge to the Union or its membership. The District will be provided,
on an initial basis for all current employees, and following that on an ongoing basis for
new employees, written confirmation that the Union member(s) have agreed to subject
themselves to the Union Leave Bank requirements.
§13. Natal and Adoption Pay
A. Natal and Adoption Leave with Pay
Employees are granted up to 120 hours of natal and adoption leave with pay for the
birth or adoption of a child, however, use of 120 hours does not extend any time
charged under FMLA or CFRA or additional state and federal laws. Any paid time
required beyond this initial 120 hours must be charged to sick leave, vacation,
compensatory or floating holiday time.
B. Natal and Adoption Leave without Pay
The District shall provide employees up to four months natal and adoption leave for
the birth or adoption of a child; such leave shall be pursuant to the provisions of the
California Pregnancy Disability Act ("PDA"; California Government Code section
12945), if applicable. The District's PDA policy is incorporated herein by reference.
Employees on this leave of absence without pay beyond the four -month period will be
responsible for the payment of medical, dental and optical premiums to keep the
coverage in force during the leave of absence.
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Fire Union MOU 2026-2029
§14. Family and Medical Leave
Unit employees may be eligible to take a leave of absence of up to twelve weeks for
certain reasons under the provisions of the federal Family and Medical Leave Act
(FMLA). The District has developed a separate policy to comply with this law. The
FMLA policy is incorporated herein by reference.
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 or to discharge of probationary employees.
Disciplinary matters include all warnings, written reprimands, suspensions, reductions
in pay, demotions, dismissal or any other action which consists of a taking of property
as said term is defined by the courts in the disciplinary context
§ 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.
F. To reduce the number of grievances by allowing them to be expressed and thereby
adjusted and eliminated.
G. To promote harmonious relations generally among employees, their supervisor
and the administrative staff.
H. To assure fair and equitable treatment for all employees.
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Fire Union MQU 2026-2029
§ 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 evidence 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 for 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.
§ 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
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
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Fire Union MOU 2026-2029
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 It
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 §
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 grievance is not defines as such by § 1 above and/or is not
filed 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 judgement is
entered at the trial court level, indicative of the matter being jurisdiction ally
grievable pursuant to the definitions set forth in § 1 above and/or pursuant
to requirements of timeliness.
C. Step III
If the grievance is not settled in Step il, binding arbitration may be invoked in
accordance with the following:
1. The request for arbitration must be submitted with 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 "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
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Fire Union MOU 2026-2029
a coin, with the winning -side, Board or grievant, having the choice of either
selecting the arbitrator or eliminating one (1) candidate. The turn 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 hearing at a time and place convenient
to the parties involved. Statements of position may be made by the parties, and
witness 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 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.
ARTICLE V DISCIPLINE
District and Union have met and conferred and adopted a disciplinary procedure which is
hereby incorporated by reference as though set forth in full.
ARTICLE VI SAFETY
§ 1. Compliance
District and employees in 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 1 of this Article V.
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Fire Union MOU 2026-2029
§ 3. Safety Equipment
Should the employment duties of an employee in the unit, in the estimation of OSHA,
require use of any equipment or gear to ensure the safety of the employee or others,
District agrees to furnish such equipment or gear.
§ 4. Employee Responsibility
In the course of performing their normally assigned work, employees will be alert to
observe unsafe practices, equipment, and conditions; as well as environmental
conditions in their immediate area which represent health hazards and will report such
conditions to their immediate supervisor. All employees shall make certain that all
power machinery is equipped with safety devices properly installed and in working
condition and that co-workers use utmost care in the handling of tools and equipment.
Employees shall report all accidents immediately to their immediate supervisors.
Reports shall be submitted on forms provided by District.
§ 5. Minimum Staffing
The District shall maintain a minimum staffing level. Staffing of companies and units
with 35 personnel shall consist of the following:
A. Eight -three (3) person paramedic engine companies, consisting of 1 captain, 1
Engineer and 1 Firefighter with any one rank being a certified paramedic.
B. Two four (4) person paramedic truck companies, consisting of 1 Captain, 1
Engineer and 2 Firefighters with any one rank being a certified paramedic.
C. One (1) Captain Specialist
D. One Two (2) person paramedic squad consisting of 2 Firefighters with any one
rank being a certified paramedic.
The District shall maintain a minimum staffing of 2 training division positions consisting
of the following:
A. Two (2) Training Captains
The District shall maintain a minimum staffing of 1 COAST (Community Outreach And
Support Team) member. This position is not rank specific and can be at the rank of
Firefighter, Engineer, or Captain.
Any reduction in these levels must be agreed upon through the meet and confer
process.
§ 6. Smoking Policy
Employees in Union have agreed to accept and abide by the District "Smoking Policy,"
as written and approved by the Chief.
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Fire Union MOU 2026-2029
§ 7. Weather Related Mandatory Recall
The definition of the High Wind Warning, Red Flag Warning and Flash Flood Warning
shall be made by the Fire Chief or his/her designee as follows:
A. High Wind Warning: winds are sustained at 40 mph or more, and/or gusts are
present at 58 mph or more and are expected in less than one day (24 hours).
B. Red Flag Warning: winds are sustained at 25 mph or more and relative humidity
is less than 15%, with conditions persisting more than six (6) hours and expected
in less than one day (24 hours). This can also be released without the wind
component for weather that is less than 10% relative humidity for longer than 10
hours.
C. Flash Flood Warning
Rain is sustained at 1/2" an hour, for longer than 1 hour, or'/4' per hour, for longer
than 4 hours.
When a warning is determined, the duty Battalion Chief shall have the authority to
staff additional apparatus in conjunction with consultation from the Deputy of Fire
Chief.
Apparatus shall be utilized as best determined by the duty Battalion Chief or his or
her designee.
Staffing procedures shall be as follows:
1. If time permits, the on -duty Battalion Chief may contact the fire stations to solicit
volunteers for the staffing of units as needed.
2. If no volunteers are available or additional personnel are needed, the on -duty
Battalion Chief shall utilize the force hire list in Telestaff to recall personnel as
staffing levels dictate. For additional staffing procedures, refer to Situational
Staffing and Overtime Tracking Policy #1-012.
3.- The on -duty Battalion Chief may hold off -going personnel until the individuals
on the force hire list are contacted and arrive at their scheduled assignment.
Once relieved, the individuals held over shall be released from their
assignments.
4. All personnel who are assigned for these circumstances shall remain in their
assigned position until the Battalion Chief or designee dictates that the potential
threat has subsided or are relieved by personnel for the next operational period.
5. The overtime rate and time frames shall be paid per Section 3 D in the MOU.
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Fire Union MOU 2026-2029
ARTICLE VII MANAGEMENT RIGHTS
§ 1. Scope of Rights
It is understood and agreed that District possesses the sole right and authority to
operate and direct the employees of District in all aspects, except as modified in this
Memorandum of Understanding. These rights include, but are not limited to:
A. The right to determine its mission, policies, and standards of service to be provided
to the public;
B. To plan, direct, control, and determine the operations or services to be conducted
by employees of the District;
C. To determine the methods, means, and number of personnel needed to carry out
District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District;
F. To promote, suspend, discipline, or discharge employees;
G. To layoff or relieve employees due to lack of work or funds or for other legitimate
reasons. (any provision within this MOU, City rules and regulations or any other
policy or procedure promulgated by the City or any Department of the City which
prohibits the imposition of layoffs, is deemed null and void);
H. To make, publish, and enforce rules and regulations;
1. 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.
§ 1. 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
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Fire Union MOU 2026-2029
MOU may be suspended during the time of the declared emergency, provided that
wage rates and monetary fringe benefits shall not be suspended.
ARTICLE Vlll EMPLOYEE RIGHTS
§1. Scope of Rights
All employees shall have the following rights which may be exercised in accordance with
State Law, applicable ordinances, rules and regulations:
A. To The right to form, join and participate in the activities of employee
organizations of their own choosing for the purpose of representation on all
matters of employer -employee relations.
B. The right to be free from interference, intimidation, restraint, coercion,
discrimination, or reprisal on the part of an appointing authority, supervisor, other
employees, or employee organization as a result of their exercise of rights granted
in this Article.
The provisions of Section 3500 et seq. of the Government Code are hereby incorporated
as such provisions may apply to employees within the Fire Union Local 2274.
§2. New Employee Orientation
The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the
employee onboarding process for Union -representative to meet with a new Union covered
employee and present the benefits of being a member of the Union. Onboarding of new
employees occurs during the first working day at the start of a new pay period up to 26
times per year. The Fire District will provide a calendar before the start of a new year. A
Union representative will have 30 minutes of uninterrupted time to meet with the new
Union covered employee.
Prior to the meeting, or in no case later than the meeting time, the Fire District will provide
the designated Union representatives with all available information about the employees
as required under AB 119 within 30 days of the employees start date and the District will
provide the required information on all Union covered employees again as required under
AB 119 at least three (3) times per year.
ARTICLE Vlll MAINTENANCE OF BENEFITS
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 parties.
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS
This MOU is subject to approval by the Board of Directors of the 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. Fallowing approval of this MOU by the Board,
43
Fire Union MOU 2026-2029
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 a result of
this Article.
District and Association recognize that under this MOU and in personnel matters not covered
in this contract, the current District Personnel Rules as amended and effective shall apply.
The Personnel Rules applicable to the Association shall not be changed for the duration of
this Agreement.
ARTICLE XI TERM
The term of this MOU shall run from July 1, 2026, through and including 11:59 p.m. on June
30, 2029. In the event either party wishes to negotiate a successor MOU, the parties agree
that informal discussions and data sharing may commence on or about July 1, 2028, with
formal negotiations starting after the completion of the salary survey as outlined in Article Il
of this MOU.
44
Fire Union MOTS 2026-2029
Union
S- V2- 2(,,-
Dated
45
Fire Union MOU 2026-2029
District
-�;-12-
Dated
Elise, C. Cox
City Manager
Peter Castro
Deputy City Manager
Robert NeiAer
Human Resources Director