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HomeMy WebLinkAbout98-001 - Resolutions RESOLUTION NO. FD98-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AMENDING THE EXISTING COMPENSATION PLAN FOR DISTRICT EMPLOYEES AND APPROVING THE CERTAIN MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2:274, TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS '199711998, 19981t 999 AND 199912000. A. RECITALS (i) Representatives of the Rancho Cucamonga Fire Protection District ("District" hereinafter) and the Rancho Cucamonga Firefighters Local 2274 have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment. (ii) Representatives of the District and Local 2274 have agreed upon and presented to this Board a Memorandum of Understanding pertaining to Local 2274 effective, July 1, 1997, specifying the resutts of said meet and confer process. (iii) It is necessary from time to time to review and adjust the salary and wages specified for District personnel. (iv) District desires to amend the existing compensation p~an for District personnel. (v) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The salary ranges for the classifications specified therein, as set forth in Exhibit "A", effective July 1, 1997, Exhibit "B", effective July 1, 1998 and Exhibit "C", effective July 1, 1999 attached and incorporated herein by this reference, hereby are approved. 3. The certain Memorandum of Understanding entered into by and between District representatives and Local 2274 representatives for fiscal years 1997/1998, 1998/1999 and 1999/2000 effective July 1, 1997, hereby is approved and ratified by the Board of Directors 4. The Secretary shall certify to the adoption of this Resolution. Resolution No. FD98-001 Page 2 PASSED, APPROVED, AND ADOPTED this 4th day of March, 1998. AYES: Alexander, Biane, Curatalo, Williams NOES: None ABSENT: None ABSTAINED: None William J.~exand~r, President ATTEST: ~bra J. Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the 4th day of March, 1998. Executed this 5th day of March, 1998, at Rancho Cucamonga, California. Debra J. Adam~,'~ecretary Resolution No. FD98-001 Page 3 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE FIGHTERS' LOCAL 2274 1997-2000 CO FD98-002 Resolution No. FD98-001 Page 4 Table of Contents PREAMBLE ...................................................... I ARTICLE 1 RECOGNITION ....................................... 1 ARTICLE I1 COMPENSATION .................................... 1 § 1. Salary Ranges ............................................ 1 § 2. Salary PIgD ............................................. 1 A. Salary. Ranges ....................................... I 1. Salary. on Appointment ............................. I 2. Merit Salary Adjustments ........................... 2 3. Salary on Promotion ............................... 3 4. Salary on Demotion ............................... 3 5. Salary on Transfer ................................. 3 6. Salary on Position Reclassification .................... 3 7. Salary on Re-employment ........................... 4 8. Salary on Rehire .................................. 4 9. Acting Pay ....................................... 4 10. Salary on Change in Range Assignment ............... 4 11. Premium Pay - Haz-Mat ........................... 4 B. On Call Pay ........................................ 5 § 3. Work Periods and Overtime ............................... 5 A. Work Periods ....................................... 5 B. Work Shifts ........................................ 5 C. Flex Time .......................................... 5 D. Overtime Pay ....................................... 6 E. Call Back .......................................... 6 F. ,4/10 Schedule ........................................ 7 § 4. U,Iaiform Allowance ....................................... 7 § 5. ]~mploy~e Group Insurance ............................... 7 1. Health Insurance ..................................... 7 2. Dental Insurance ...................................... 8 3. Vision Insurance ...................................... 8 4. Life Insurance ....................................... 8 § 6. Tuition Reimbursement ................................... 8 C',RCLAGMTS\FFAINDX',RC i~ 14.C I Resolution No. FD98-001 Page 5 § 7. Retirement Plan ......................................... 9 A. Benefits ........................................... 9 B. Conversion- Union .................................. 9 C. Military Service Buy-Back ............................. 9 § 8. Work Related Injuries .................................... 9 ARTICLE Ill. LEAVES ............................................ 9 § 1. Holidays ............................................... 9 § 2. Vacation Leave ..................... ' ..................... 11 § 3. Sick Leave .............................................. 12 § 4. C00version Factor ........................................ 14 § 5. Personal Leave .......................................... 15 § 6. Bereavelnent Leave ...................................... 16 § 7. Compensatory_ Time ...................................... 16 § 8. Military_ Leave .......................................... 16 § 9. Jury Duty .............................................. 17 § 10. Civil Subpoena/Criminal Subpoena ........................ 18 § 11. Leaves of Absence Without Pay ........................... 19 ARTICLE IV,, GRIEVANCE PROCEDURE .......................... 19 § 1. Purpose ................................................ 19 § 2. Ob_iectives .............................................. 19 § 3. G,eneral Provisions ....................................... 20 § 4. Infor~aa! Grievance Procedure ............................. 20 C',RC~GMTS\FFAINDX\RC 3.14.C 2 Resolution No. FD98-001 Page 6 § 5. F0rnl, al Grievance Procedure ............................... 21 A. Step I ............................................. 21 B. Step II ............................................. 21 C. Step Ill ............................................. 21 D. Step IV ............................................ 22 ARTICLE V. SAFETY ............................................. 23 § 1. Compliance ............................................. 23 § 2. No Discrimination ........................................ 23 § 3. Safety. Equipment ........................................ 23 § 4. ]~mployee Responsibility_ ................................... 23 § 5. Minimum Manning ...................................... 23 §6..~Lg.]lJllg_.~..~ .......................................... 24 ARTICLE VL MANAGEMENT RIGHTS ............................ 24 §1. ~ .......................................... 24 § 2. [~IIt~rgency Conditions .................................... 25 ARTICLE VIii. MAINTENANCE OF BENEFITS ...................... 25 ARTICLE VIII. APPROVAL BY THE BOARD OF DIRECTORS ........ 25 ARTICLE IX. PROVISIONS OF LAW ................................ 25 ARTICLE X. TERM .............................................. 26 O, RCL~GMTS\FFAIND X\RC 3.14.C .'3 Resolution No. FD98-001 Page 7 This Memorandum of Understanding ("MOU" here~) is made and entered into by and between the Rancho Cucamonga Fire Proteelion District ("Diswict" hereinalter), and the Rancho Cucamonga Fire Fighters' ~ 2274 ("Union" hereinafter). The terms and conditions contain~ i~ ~is MOU ar~ a~lioab[~ to ~ ~-tlme employees within this unit and contain the complete ~sults of~ ~ wases, ho~es and other rams and conditions of employment for said employees represan~ herd~ ARTICLE I RECOGNITION Pursuant to the provisions of exi~ rules and regulations and applicable State law, D~strtct hereby acimowledges Union as the exclusive r~o~ employee organization for the repmeentation unit, which includes non-~ent safety employees of District, who are employed on a full-tlme basis. ARTICLE H COMPENSATION A. Salary ranges for all clmsific~om mpms~ted by Union shall be adjusted, effective July 1, 1997 by 3.5% to the ~ ~, effective July 1, 1998 by 3.5%. to the base salary and 3.5% tothe base aalary effective July 1, 1999. Specific ~ ranges for each class are as set forth in Ex~bit "A", Exhibit "B", and Exhibit "C" attached hereto and by this reference B. Survey Cities: Union and District agree the survey cities shall be Fullerton, West Covina, Corona, Ontario., Once, Riveraidz, San B~ City and Upland. May 1st of each year, a survey of the idzntifizd ~ market cities ahall be completed, reviewed by the Union and District, arid used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. This survey shall not obligate District to implement any salary iacrease(s). Salary Ranges The base salary ranges for eli classca in the bargaining units shall consist of ranges having five (5) steps, labeled A through E, with approxlmat~ly five percent ($%) between each step. Placement within the range shall be ~ accordan~ with the following: 1. Salary on Appointment New employees shall be compensated at Step "A" of the salary C\RC\AGMT\FFAMOI;i\ 3.14. C I Resolution No. FD98-001 Page 8 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 perfommuce and granted only on the recommendation of the employee's supervisor and approval of the Fire Chief. F-mployees shah 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 salnry review after six (6) months of ~ce. Subsequent merit salnO, ~view dates shah fall upon the completion of twelve (12) month service intervals. b. ~mployees who are placed at Step B or nbove upon original employment, reinstatetnent, or protnotion shall be eligible for a merit salary review after twelve (12) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals. c. The granting of an official leave of absence of more than thirty (30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be ~ the number of ~endar days he or she was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months ~ from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salnry increase, the employee ~ be assigned a new review date based on the date the increase was e. Autho_rized 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 recomm~-q~ed for a salary increase, the employee shall receive a supplemental payment compensating him or her for the additional salary he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any (6) month period. Resolution No. FD98-001 Page 9 h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Sahry 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 ~ would constitute a minimum five percent (5%) salary increase over his or her base salary rate, provided that no employee may receive a rate in excess of Step E of the promotional class. if the promotion occurs within sixty (60) days of a scheduled merit ~ary 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 ~ be based upon the effective date of the promotion. 4. Salary on Demotioa An employee who is dcmoted 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 ~ with the following: Disciplin~ demotion -any desi~-,~t 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-discip~ 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. $slary on Transfer An employee who is transfcmxi from one position to another in the same class or to another position in a ~ class hayins the same salar~ ran~e shall receive the same step in the ~ ~ tm~ously received and ~ merit salary review date shall not change. 6. Salary on Position Reclaasi~cation When an employee's position is reclassified and the employee is appointed to the position, salary ~ be ~ined as follows: a. If the position is reclassified to a class with a higher salary ran~e than the former class, salary and merit salary review date ~ be set in the same manner as if he or she had been promoted. c\ac\ame:\~,~om \ $, ~.4 ,, c 3 Resolution No. FD98-001 Page 10 b. If the salary of the employee is the same or less than the maximum of the salary range of the new class a~ the salary range of the new class is the same as the previous class, the salary and merit salary review date shall not change. c. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and shall not change during continuous regular service until the maximum of the salary range to which the class is assigned exceeds the salary of the employee. 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 Re~ Upon rehire, an employee shall be placed at such salary step as may he recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall he based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. To receive actin~ pay the employee must: Be formally assigned duties appropriate to the higher class. b. Work in the higtu,'r class at least fifteen (15) consecutive work days, five (5) sh!~ for employees working twmty-four (24) hour shifi~. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an ~ capacity, sixth (6th) shi~ for employees working twenty-four (24) hours shifts. 10. Sahry on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salm-y of each incumbent in such class on the date the reassi?ment is effective shall be adjusted to the step he or she was receiving in the former range. 11. Premium Pay - Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the needs of the District. The decision as to the number of personnel on the team is made by the District. Personnel on the team must maintain th~ state certification, membership in the West End Hazardous Assistance Team, atte~ reasonable train/ng sessions deemed necessary by the Districr, and agree to remain members of the Distr~¢~'s Haz-Mat Team for a period of ~ years. c\ac\Amer\ m, Jmo~z \ ~. ~4. c 4 Resolution No. FD98-001 Page 11 Training to maintain status on the team shall be at District expense. Members who meet the above requirements sh~ be compensated for the~ involvement by being paid a dollar amount equal to five percent (5%) of Stsp E of the Fire Engineer class. B. On Call Pay F~mployees in a classification of Fire Prevention ~r shall receive five percent (5%) of E step of Fire Endneet per month as full compensation for services in an on-call status. The requiremeres and conditions ~ ammd on-call ~ shnll be established by the District and ~ employees agree to comply with said requirements and conditions. It is understood by the District and Union that the amount of on-call time (approximately one third (I/3) of required monthly on-call) to be served by each employee was insmunental in arriving at the accord noted herein. § 3. Work Periods and Overtim~ The work period for shift personnel is fourteen (14) days. Overtime is paid for time worked in excess of one hundred six (106) hours in the period. The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) houri in the period.. B. ~ 1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours. thereafter. 2. Ten (10) hour work shifts begin at 0700 and end at 1800. C. ~ 1. The work schedules of employees assigned to other than fire suppression are subject to change ~ on needs of the service or desires of the concemed 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 accomm~ provided however, that needs of the service as ~ined by the District will take precedence over employee preferences. C\aC\~m~T\FF~OUZ \3 ~ z ¢ . c 5 Resolution No. FD98-001 Page 12 4. The Distr~¢t will not effect schedule changes but for good and sufficient cause. 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid ov~me at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall not be considered hours worked. Holiday, vacation, sick, and injury leave shall be considered as hours worked for ~s~s of computing overtime. District shall implement the inclusion of holiday and sick leave herinruder effective the first day of the first ~ pay period commencin~ after February 5, 1997. District ~ agrees to provide to each unit member the estimated cash value thereof (three tenths of one percent (0.3%)) from July 1, 1996 through the date of implementation thereof hereunder. 4. For the purpose of ~s section, work time shall not include traveling to or from the normal work site. 5. All full-time employees who are called back to work from off-duty as a result of an emergency, shall be paid at the rate of time and one-haft for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) mlm. tt~ ~ be com~ for a minirotan of one (1) hour, any time worked over one (1) hour will be paid in one-half hour increments. (Fifteen (15) minutes work shah constitute one-half hour.) For puzlx)ses of ~s section, work time shall not include time spent in traveling to and from the work site. 6. Employees required (held over) to work more than fifteen (15) minutes overtime shah be compensated for a minimum of one (1) hour. Any overtime worked in excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an equitable distribution of overtime, consistent with efficient operations of the District. 7. Employees may be subject to recall to be placed on overtime to fill vacancies created by District wide training programs of a class wide natme. P. mployees must receive at least two (2) weeks notice of recall. A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during off-duty hours. This section is not to be Resolution No. FD98-001 Page 13 interpreted as requiri~ ~aid minimum in the event of an extended work day or when the employee begira his or her regular work shift before the normal ~, t/me. With the 4/10 implementation, employees who experience hard.ship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60°,4 of the pay period and 60% of the distance into thdr assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. § 4. Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Suppression members must buy their own class A uniforms at the completion of probation. B. The Fire District provides $425.00 annually to the Maintenance Officer, Maintenance Technician, Fire Prevention Speci~ Communications Technician, Fire Equipment Mechanic for the purchase and maintenance of uniforms required to be work in the performance of the/r job responsibilities. The Fire District also provides $425.00 annually to § 5. Employee Group Insuranee District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1. District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 2. District shall provide fully paid employee and family health insurance for all exi~ full-time continuous and retired employees as of November 17, 1994. Such health benefits are vested for all full time continuous and retired employees as of November 17, 1994. 3. District shall provide fully paid employee and family health insurance for all ~l-time continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan offered by the Public Employees Medical and Hospital Care Program." 4. All new full-time continuous employees hired after November 17, 1994, shall be responsible for paying their premiums for medical insurance through the State of California Public Employees Medical and Hospital Care Program, upon their retirement. ¢\RC\~T\FV~!OUl\3.14.C 7 Resolution No. FD98-001 Page 14 S. Cash compensation in lieu of medical benefits in the amounts of $200.00 for single employees or $300.00 for employee's dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the District's health plan at any time. B. Dentti Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance District shall continue to provide vision care coverage for all full time continuous employees with a maximum monthly payment of not to exceed $20.25 monthly. All full-time continuous employees shall be provided a term life insurance policy of $30,000, paid by District. § 6,, Tuition Reimburseme!it The educational reimbursement program allows for reimbursement of out of pocket expenses (up to a specified maximum) incurred in the pursuit of a degree from an accredited college or university. The expenses are reimbursed upon successful completion of a course with a grade of"C" or better and for pass/f~ classes with a "pass," and submittal of receipts showing the costs for the course. Reimbm'sement is for tuition, books, suppUes, parking, lab expenses, and miscellaneous expenses for taking the course(s). Reimbursement does not include mileage or gaso~ reimbursement or work hour pay. The maximum tuition reimbursed is se~ on a fiscal year basis with the total reimbursed being the average of the costs for course work at California State University Fullerton, Cal Poly Pomona, and California State University San Bernardino. For fiscal year 1990-91 the maximum reimbursement was not to exceed $1500. Approval for reimbursement must be obtained from the employee's supervisor prior to taking the course. C\RC\A~Wr\FF~\ ~. z4. c 8 Resolution No. FD98-001 Page 15 § 7. Retirement Plan Dixtrict is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under the Dtstrtct's Plan are paid by the District. Present benefits for public safety employees incl~e the following: § 21252.01 2% at 50 Supplemental or Modified Formula § 21380-21.387 1959 Survivor Benefits, Third level § 20615 Payment of Normal Member Contributions § 20024.2 One Year Higi~est Compensation B. Conversion- Union Effective July 1, 1989 employees aged 49 or over shall be permitted to convert member contributions to PERS paid by the District to salary for the purpose of establishing a higher base salary, for the last year of a pre-determinod year of retire~e~L The employee shall then be responsible for paying said contributions. C. Military Service Buv-B~ck District provides for employees to buy back mih'tary service credit at the employee's own expense pursuant to PERS regulations. § 8. Work Related In_Juries All management and non-management, non-safety and safety District employees are entitled to full salary and benefits when they ~ an on-the-job work related injury for up to one (1) year. (See: California Labor Code § 48~, for ~ons). Although § 4850 covers only safety personnel, District is extending this same benefit to non-safety employees. Temporary disability payments received during ~ny injury period shall be returned to District. ARTICLE HI LEAVES A. Holidays aze those days ~ 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 desi~-t~:l by District are as follows: (1) January 1 -- New Years Day (2) January Martin Luther Kin.o's Birthday (3rd Monday) (3) February President's Day (3rd Monday) C\~C\AOWr\ FFA~Om_\~. X¢. C 9 Resolution No. FD98-001 Page 16 (4) May Memorial Day (last Monday) (5) July 4 Independence Day (6) September ~ Labor Day (lst Monday) (7) November I 1 .....Vetearns Day (8) November .........Tlmnlm~ (4th Thursday) (9) November .........The day follo~ Thnnksgiving (10) r~cemt,~r 24 ......The day--s C~ (11) December 25 ....Chfismun (12) Three (3) discretiotm3t (floating) days may be taken by an employee at his or her convenience, subject to approval by the ~r. The thirty (30) hours for the three (3) floating holidays shall be credit~ to the employee at the stn.,'t of pay period No. 1 of each 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 shah be observed as the holiday. $6 Hour Personnel (1) January 1 ---- New Years Day (2) January 18 ~ Martin Luther King's Birthday (3) February 12 Lincoln's Birthday (4) February 22 ..... Washington's Birthday (5) May -- Memorial Day 0ast Monday) (6) July 4 Independence Day (7) September ~ Labor Day (lst Monday) (8) September 9 ~ Admissions Day (9) October 12 ~ Columbus Day (10) November 11 ..... Veterans Day (11) November,~ ~giviug (4th Thursday) (12) November ~ Tbe day following Thanksgiving (13) ~ber 24 =~-=-= Tbe ~ ~ Chrismas (14) ~ber 25 Chrimmla~ B. Employees shall ac, cm'ue holiday time as follows: Tyne of Peraonnel Per Holiday Annually Maximum Accrual Shift Personnel 12 hours 168 hrs. 216 hours 40 Hour Personnel 10 hours 140 hrs. 180 hours C. No District employee will be allowed to exceed the maximum accnml at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. Resolution No. FD98-001 Page 17 D. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. 1. District will buy back all or pan of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th spee~g holiday balance and exercising the option to sell back. 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 maximtm~ accrual. F. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday cha~ed ~ ~ or h~r vacation or sick leave. G. Forty (40) hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be ~owed to bmk that holiday at sirai~ht 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 haft (1.5) for the number of hours actually worked that day. A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour m. rsonnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 1-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 C\RC\AG~T\FFAMOO1\3.14.C 11 Resolution No. FD98-001 Page 18 Years of .Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 1-3 years 120 hrd5 shifts 288.0 4.615 4-7 years 180 hrs/7.5 shifts 408.0 6.923 8-10 years 240 hrd10 shifts 528.0 9.231 11-14years 264 hndll shifts 528.0 10.154 15-19years 288 hrsq2 shifts 528.0 11.077 20-24 years 312 his/13 shifts 528.00 12.002 25+ years 336 hrsd14 shifts 528.00 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, if a shift employee, or 10 hours, if a 40 hour employee. The employee shall, beginning the 1 lth, 15th, 20th, and 25th year, accrue vacation at the appropriate pay period accrual rate. C. The District will notify employees, in wri6ng, within the pay period prior to the time th~ maximum vacation accrual will be reachod that the accnml is approaching that maximum. The employee will then be required to (1) schedule t/me off or, (2) receive pay in lieu of time off so as to not exceed the maximum ~mml. D. Any full-tlme employee who is about to terminate employment and has earned vacation time to his or her credit, shall be paid for such vacation time on the effective date of such termination. When separation is caused by death of an employee, payment shall be made to the estate of such employee. Sick leave is the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment A. Full-time Employees 1. Sick leave is that amount of leave designated by District. 2. All employees ~ be entitled to sick leave as follows: Resolution No. FD98-001 Page 19 40 hr Personnel 10 hours 120 hours No limit Shift 12 hours 144 hours No limit Personnel (1/2 shi~) (6 shifts) 3. Sick leave with pay may be used for: Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. c. Any treatment or examination incltuled ~, but not limited to, medical, dental, eye, or psychiatric examinauo' ns. d.. Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness., disability, or child birth of a member of his/her immediate family, as defined in Dislvtct Personnel Rules. B. No employee shall be entitled to sick leave with pay while absent from duty for the following causes: I. Disability arising from sickness or injury purposely serf-inflicted or' caused by his or her own willful misconduct. 2. Sickness or disability sustained while on leave of absence. C. Sick leave shall not be used in lieu of or in addition to vacation. D. The Fire Chief reserves the fight to require evidence in the form of a physician's certificate whenever an employee: is absent and requests sick leave for the period of absence, excepting personal leave (see Section :5). E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before remr~ing to active duty. Such physical examination shall be performed by a physician specified by Dis~'ict and shall be at Dislvict expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will be made by the District for sick leave: accrued to the time of such termination regardless of whether or not such employee subsequently reenters Disteict service. Resolution No. FD98-001 Page 20 G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave sccn~ and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shi~ employees who in the preceding calendar year have accrued 108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that precedin~ calendar year, may exercise the option of having one-half (1/2) of that unused sick leave accrued in the preceding year convened to vacation leave and the remainder carried over as accnuxi 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 accn~ 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. Upon the service retirement of an employee, the employee will have the option of selling back to the District up to one-half of the total accumulated unused sick leave at his or her then current hourly rate, or the employee may apply unused accumulated sick leave toward service time for retirement, in accordance with the Public l~mployees' Retirement Law, California Government Code § 20862.8. Sick leave bought back by the District may not be applied for service credit, but the sick leave ~ after the "buy-back' may be credited as service time in accordance with the above-mentioned law. § 4. Conversion Factor Effective April 1, 1990, the factor used to convert the accruals for forty (40) hour per week personnel to fifty-six (56) hour per week personnel will be: c\~tc\~c~'r\ ~'z,'m~ou~. \3 . x ,~ .. c :14 Resolution No. FD98-001 Page 21 Vacation, sick leave, and holiday: Work Week Basis V~on 40 Hour ~ Conversion Factor 1-3 years 85.72 I20 1.5 4-7 years I28,57 180 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 1.57 140 168 1.5 120 144 1.5 (40 to 56) EXAMPLE (8-10 yeast ~ployee) Vacation - 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1.5 (factor) = 708 hours total Note: If an employee goes form a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. 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 ~ receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable 6me after the appearance. C. Personal leave will be charged agninst any time the employee has accrued, such as sick leave, vacation, and compensatory ~e, at the employee's option. Resolution No. FD98-001 Page 22 D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used inerementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency siUmions requiring the employee's attention and needs to be cleared with their supervisor when using this time. § 6. Bereavement Lesve A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. B. Shift Personnel In the event of a death in the employee's immodiate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a ~ in the imm~ family outside the state boundaries and the employee attends the services. C. Immediate family is dMiued as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. § 7. Compenutory Time A. Compematory time may be earned for required attendance at special m~n.os of the Board of Directors and District Committees, except when such meetings are held in lieu of a r~gularly sc~Muled meeting or wh~ such meetings are called and/or scheduled as pan of the annual budget preparation process and annual audit. B. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragrsphs. C. The earning and accrual of compensatory time requires the approval of the employee's supervisor. A. Every employee who is a m~nber of a state or federal reserve military unit shall be entitled to be absent from service with District while engaged in the performance of C\RC\AfiMT\FFAMOUi\3.14. C 16 Resolution No. FD98-001 Page 23 ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to ~iny (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) years', service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Fmployees who are ~ed or volunu~.r for service with the armed forces of the United Slates shall be entitled to ~t to their former positions. Upon application for reinstatmaent, ~ individual must display a ~e, ate ~ service was other than dishonorable. However, any individual possessi~ right ofreinmtement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee ~in~ fi'om se~,rice with t~ re'reed forces shall be entitled to such length of service seniority as wo~d have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave -~ha!L upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the ~ of the veteran. The employee affected by the return shall be restored to his or her former position or one of a s'unilar nature while the returning employee resumes the position he or she previously held. Any member of District who is called or required to serve as a trial juror may be absent from duty with District during th~ period of such service or while necessarily being presmt in court as a r~mlt of such call. Such m~mber on jury duty will cont/nne to receive normal pay, provided he or she: A. Notifies his. or her supervisor or Duty Chief in advance, with adequate time ~ so that a relief may be obtained. B. ~ed to duty wi~in a reasonable time after being released with a signed certificate of service from the court stip~ the hours of service and release time. This certificate may be obtained by asking the court ~ or bailiff. The employee then forwards it to his or her ~r or Duty Chief. C. Pay received for service while absent from District must be turned over to District;, however, pay received while off duty may be kept by the employee. Resolution No. FD98-001 Page 24 D. All personnel called for jury duty must abide by all of the above rules and must rerum to work if dismissed before the end of their regular work shi~. § 10. Civil Sub_noens/Crimins! Subnoens A. Civil Subpoens When members of District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the follo~g procedure shall be followed: 1. Personnel will be paid at their regular hourly rate while they are in 2. District transportation will be provided when available. If the employee uses his or her own mmsponation, 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 Cucamon~a Fire Protection District and ~ appearance requires the employee to buy a meal and/or lode, he or she ~ be reimbursed. If an extended appemance in court is necessary where lodging and meals would be required, autho~on shall be obtained from the department head. B, Crlmintl 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 2. District translx)rtation 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 extruded ~ in court is necessary wherc lodging and meals would be required, authorization shall be obtained from the department head. 4. A criminal subpoena need not have a court stamp at~ixed. C\RC\AGter\ FFPd~XrJ.\ 3. ].4. c 18 Resolution No. FD98-001 Page 25 § 11. Leaves of Absenee With!out 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 Iris 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 aocrue. An employee reinstat~ nfier a leave of absence without pay shall sahtry range. For purposes of this section, the employee's merit increase eligibility date ~ be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by payln.~ the full cost to Dislrict, in advance, for each month, or portion thereof, of which he or she is absent. ARTICLE IV GRIEVANCE PROCEDURE This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and condifiom of employment. A existing District ~, r~solutions, rules, r~gulafinm, or this docum~ The grievance procedure is established to nccomplish 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. C\RC\A(~gZ'\FX~NOOZ\3.Z&.C 19 Resolution No. FD98-001 Page 26 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 e 'luninated. (3. To promote harmonious relations genernHy among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3, General Provisions A. P---mpar~on of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. No individual member of the Board of Directors shall be af~x~ached at any time that the grievance is bein~ processed. C. Failure of the grievant to comply with time limitations ~q~cifled in the grievance procedure shah constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of Dtstr~ct supervisory or adminismm*vc staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. ~ Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himroll or herself or is represented by counsel other than that provided by the ~ployee organization, the employee organization shah be apprised of the nature and resolution of the grievance if the issues involved are within the scope of said organizafion's representation rights. E. ff an individual named in a dispute is unavailable within the time period specified in tbes~ procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F, Any period of time specified in this role for the giving of notice or taking of any action exclude weekends and holidays. § 4. Informal Grievance Proeedur~ Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate ~. Stlc, h an initial discussion shall ~eede any use of the formal grievance procedure. If the immediate supervisor c\~tC\A~er \ m,~mxr~ \ 3. z¢. c 20 Resolution No. FD98-001 Page 27 fails to reply to the employee within three (3) days, or the employee is not satisfied with the decision, the employee may utili~ the Formal C~evance Procedure. § S. Formal Grievnnee Procedure A. Step I The employee and/or representative ~ present the grievance, in writing and signed, to his or her immediate ~ within fifim~ (1 ~) days of the date flint cause for a grievance arises. An official grievance form must: be used stating names., dat~, times, place, and rmmm of grievmace. TI~ ~mploy~'s supervisor shall attmnpt to Fesolvc the grievance with the employee and ~ submit his or her decision in writing to the employee within three (3) days after receipt of the grievance. The employee ~ have the fight to ~ the decision of the supervisor to the Fir~ Chief. B. Step II 1. If the grievance is not resolved to the safisfilcfion of the employee, the grievant has thlT~ (3;) days following recei~ of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Writma ~ to tbe Fire Chief or desigm~ repmmm~five fla~fil comi~ of the statement of the griev~ce and ~ indud~ a t,~ma~nt by the grievmfs ~t~ive ~ ~ tbe ~ why tl~ ~, of tl~ employ~'s ~ did not ~rily re~olve tl~ gti~,mce md m 'mdie~ion of the ~etion d~imd by tl~ gri~tm 3. A~r ~i~ion ott~ written app~, t!~ Fire Chief or d~ignee shall reply within three O) days, in writing, to th~ ~rievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. c. St,l, m If the grievance is not resolved by the Fire Chief or design~ to the satisfilcfion of the grievant, tl~ grievant may, within thr~ (3) days, then file a written appeal to the Board of Directors. An appenl to the Boa~ must include a complete statement of facts supporting the grievance, a statement by the grievant or repruent~ve setting forth the mmom why the Fire Chief or designee did not nfisfiictofily resolve. the grievance and a list of witnesses the grievant would call to testify. The gfievsnt may request a formal ~ before the Bosrd ~ ~, may request the hearings to be a closed personnel session. The Board shall schedule such hearings within ten: (10)days after receipt of the request. Th~ Board ~ submit its decision, in writing, to the employee within ~ (10) days Of th~ da~ of th~ ~. If no submittal is made, the grievance shall be deemed mjeeted and the decision of the Fire Chief or designee sustained. Resolution No. FD98-001 Page 28 D. Step IV If the grievance is not settled in Step HI, binding arbitration may be invoked in accordance with the following: 1. The request for arbitration must be submitted within ten (1 O) days of receipt of the decision of the Board of Directors. 2. A 'Fact Sheet~ must be submitted to the arbitrator by both parties, stating the nature of the grievance and des/red actiota 3. The term "arbitrator," as used heroin, shall refer to a single arbitrator. 4. A list of five (S) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the first choice of either selectin.o the arbitrator or · 'hminating one (1) camdida~. The mm shall ~m revert to the other side, who then can exercise the. same option. This procedure continues ~ either an arbiuator is agreed upon or there is only one (1) candidate ~. 5. The m~oitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Sinemints of position may be made by the parties, and witnesses may be called. The arbitrator shall have the initial authori~ to determine whether or not the dispute is arbiuable under the express terms of this Memorandum of U~. with these provisions to determine the merits of the dispute submitted to arbitration. 6. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawl1 by ¢~. 7. All ~ which may be involved in the arbitration ~s shall be borne by the parties equally; however, exlm~s relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. 8. Legal counsel may be obtained by either party if they so wish. Expenses for legal counsel shall be borne by the party obtaining such counsel. 9. The pay for the arbitrator will be based upon the fee charged by the California State Conc'fiiation Service for such services. 10. Failure on the part of the District's representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and C\aC\Am~T\F~\3. ~4. C 2 2 Resolution No. FD98-001 Page 29 sufficient cause, shall remJlt in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. 11. The decision of the arbitrator shall be final and binding upon District and appellant. ARTICLE V SAFETY District and employees in the Association shall conform to and comply with all health, safety, and sanitation requirem~mts imposed by District, state or foderal law or regulations adopted under state or federal law. § 2. No Dtseriminntion No employoe shall be in any way '&soSmiuatot against as a result of reporting any condition believed to be a violation of Section 1 ofthls Article V. § 3. SLf~y_ E~iuipment Should the, employment dutiea of an employee in the unit, in the estimation of OSHA, require use of any equipmint or gear to ~ the ~ of the employee or others, District agrees to ~sh such equipment or gear. § 4. Employee Responsibility In the cour~ of performing their normally a~igned work, employe~ will be alert to obaerve ~ ~wti~n, equipment, and conditions; as well aa emdmnmental conditions in their immodiato area which toproast hoalth hazarcb and will topoft au~h conditions to thoir imm~lia~ ~Bp~rvisor. All employees shall mske certain th~ all power machinery is equipped care in th~ ~ of tools and equipment. Employoez ~ report all accidents immediately to thoir imm~ arima'visor. Ropo~ shall bo szlhmittod o~ forms provided by District. § 5. Minimum Mannin~ When the District incnms~ its manning asaignmm~ for a truck or engine company to four (4)individuals, both sidos agree to moot and conf~ ~ ~um manuing le~ls. Minimum manning wiH be three (3) man eogines. Minimum manning ona regular Mfifi Mmll ~ at twenty (20) suppression personnel unless authori2~ by the District Board to reduce below the level of twenty (20). 2,3 Resolution No. FD98-001 Page 30 § 6. Smokin_~ Policy_ Employees in Union have agreed to ~cept and abide by the District "Smoking Policy," as written and approved by the Chief in effect on July 1, 1996. ARTICLE VI MANAGEMENT RIGHTS It is understood and agreed that District possesses the sole fight and authority to operate and direct the employees of District in sal ~ ~xcept as modified in this Memorslutum of Ui~l~a~. These rights include, but are not limited to: A. The right to determine its mission, policies, and standards of service to be provided to the public; B. To plan, direct, control, and determine the operations or services to be conducted by employees of District, C. To determine the methods, means, and number of personuel needed to carry out District's mission; D. To ~ the working forces; E. To hire, assign, or mmsfer 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; H. To make, publish, and enforce rules and regulations; I. To introduce new or improved methods, equipment, or facilities; J. To contract out for goods and services; K. To take any and all actions as may be necessary to carry out the mission of District in situv~ions of civil emerge~y as may be deelared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. Resolution No. FD98-001 Page 31 § 2. Eme~encv Conditions Ifi~ the sole discretion of the Board of Directors or Fire Chief it is determined that extreme civil eme~ncy conditions ~ including, but not limited to, riots, civil disorders, earthquakes, fi~, or other ~ ~, the provisions of this MOU may be suspended during the time. of~ declared emergency, provided ~ wage rates and monetary fringe benefits shall not be suspended. ARTICLE VII MAINTENANCE OF BENEFITS All benefits enjoyed by the employees at the present t/me, which are not included in nor specifically changed by this MOU, ~ ~ in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be i~itiated to address proposed chan~es,. This Artlore shall not be interpreted as affecting any other rights or obligations the r~q~ective parties have under § 3500 et. seq. of the California C-overnment Code. ARTICLE VIII APPROVAL BY TUF~ BOARD OP' DIRE~o~q This MOU is subject to approval by the Board of Directors of District. The parties hereto agree to perform whatever acts are necess~y both jointly and separately to urge the Board to approve and enforce this MOU in its entirety. Following approval of this MOU by the Board, its ~-~:~s and conditions shall be implemented by appropriate ordinance, resolution, or other lawful action. ARTICLE IX PRO~SIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State hws 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 unenf~le by any court of competent jurisdiction, such part or provision shall be suspended and ~ by stF, h fq~licable law or regulations, and the rmmalnder ofthls YOU shall not be affected th~by. If any substantive part or provision of this MOU is suspended or or provisions with the tulderst~ling that the total compensation to employees under this MOU shall not be reduc~ or increased as result of thi.q Article. B. The District and the Union recogni~ that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as emended and effective shall apply. The Personnel Rules applicable to the Union shall not be changed for the duration of this Agreement. C\RC\AimT\FFAH0~\ 2. ~4. c 2 5 Resolution No. FD98-001 Page 32 ARTICLE X TERM The term of this MOU shall commence on July 1, 1997 and will continue for a three year period, ending on June 30, 2000. In the event either party hereto desires to negotiate a successor MOU, such parties shall serve upon the other, during the month of March, its written request to commence negotiations as well as flay writte~ proposal for such suocessor MOU. Upon receipt of ~ written proposals, negotiations shall begin no later than thirty (30) calendar days after such receipt. Union District Sam Spagnola, A~strative Services Director ,Mi~e Approved by action of the Board of Directors the 4th day of March, 1998. C\RC\AC~T\FFAMOUI\3.14. c 2 6 Resolution No. FD98-001 Page 33 SALARY SCHEDULE AS OF JULY 1, 1997 ADOPTED AT THE Mar, 4 th, 1998 COUNCIL MEETING 1 FOR SUPPRESSION AND INSPECTION PERSONNEL SECTION h A B C D E LOCAL # 2274 FIRE CAPTAIN 17.56 18.43 19.36 20.32 21.34 1,966.24 2,064.55 2,167.79 2,276.17 2,389.98 B[-w7.~V 4,260.19 4,473.20 4,696.86 4,931.71 5,178.29 FIRE ENGINEER 14.94 15.619 16.48 17.30 18.16 1,673.65 1,757.34 1,8.45.20 1,937.46 2,034.34 3,626.25 3,807.56 3,997.94 4,197.84 4,407.73 ~oz,rn~v FIRE FIGHTER ...... 13.18 13.8.4 14.53 15.26 16.02 1,476.04 1,549.8.4 1,627.34 1,708.70 1,794.14 3,198.09 3,358.00 3,525.90 3,702.19 3,887.30 ~lo~,rniL~ HAZARDOUS MATERIAL ] 18.46 19.3.4 20.26 21.23 22.25 PREMIUM PAY 2,067.96 2,166.2.7 2,269.50 2,377.89 2,491.69 CAPTAIN 4,480.571 4,693.581 4,917.241 5,152.10[ S,398.67~o~rrm. Y HAZARDOUS MATERIAL 15.85 16.60 17.38 18.21 19.07 PREMIUM PAY 1,775.37 1,859.05 1,946.92 2,039.18 2,136.05 ENGINEER I INSPECTOR 3,846.641 4,027.95 ! 4,_216.____3;31 4,418.22 4,628.11 ~O~'Tm~Y HAZARDOUS MATERIAL 14.09 14.75 15.44 16.16 16.93 PREMIUM PAY 1,577.76 1,651.56 1,729.05 1,810.42 1,895.86 ~.~ FIREFIGHTER 3,418.48[ 3,578.381 3,746.281 3.,922.581 4,107.69,o~'aLy FIRE INSPECTOR 14.94 15.69 16.48 17.30 18.16 1,673.65 1,757.34 1,845.20 1,937.46 2,034.34 3,626.25 3,807.56 3,997.94 4,197.84 4,407.73 PARAMEDIC STIPEND ONLY EFFECTIVE 7-1-97 2.31 2.31 2.31 2.31 2.31 PARAMEDIC 258.46 258.46 258.47 258.46 258.46 560.00 560.00 560.00 560.00 560.00 EXHIBIT 'A' Salary Schedule lrtcludes clas,sificat~on and compensatmon Qa[a subject [0 successful complelion of a performance Resolution No. FD98-001 Page 34 SALARY SCHEDULE AS OF JULY 1, 1998 ADOPTED AT THE Mar. 4 th, 1998 COUNCIL MEETING J FOR SUPPRESSION AND INSPECTION PERSONNEL SECTION I: A B C D E LOCAL # 2274 FIRE CAPTAIN I 18.17 19.08 20.03 21.03 22.09 2,035.06 2,136.81 2,243.66 2,356.84 2,473.63 4~409.29 4,629.76 4,661.25 5~104.32 5,359.53 JMOA'THLY FIRE ENGINEER 15.47 16.24 17.05 17.90 18.80 1,732.23 1,818.84 1,909.79 2,005.27 2,105.54 IBZ-WEn:LY 3,753.17 3,940.83 4,137.87 4,344.76 4,562.00 IMom'aLt, FIRE FIGHTER I 13.64 14.32 15.04 15.79 16.58 t,527.70 1,604.09 1,684.29 1,768.51 1,856.93 ........ 3,310.033,475.53 3,649.30 3,831.77 4,023.36 HAZARDOUS MATERIAL 10.11 20.02 20.97 21.97 23.03 ]HOLmLY PREMIUM PAY 2,140.34 2,242.09 2,348.93 2,46t.12 2,578.90 CAPTAIN 4,637-391 4,867.86f 5,089.35r 5,332.421 6,587.63 MO. THL~ HAZARDOUS MATERIAL 16.41 17.18 17.99 18.64 19.74 PREMIUM PAY 1,837.S1 1,924.12 2,015.06 2:,110.55 2,210.81 m.wzz~y ENGINEER I INSPECTOR 3,981.271 4,168,93..t 4,365.971 4,572.86 4,790.10 Mob'reLy HAZARDOUS MATERIAL I 14.58 15.26 15.98 16.73 PREMIUM PAY 1,632.98 1,709.37 1,789.57 1,873.79 1,962.21 FIRE FIGHTER 3~$38.131 3,703.631 3,877.401 4,059.871 4,251.46 FIRE INSPECTOR 15.47 16.24 17.05 17.90 18.80 1HouRLy 1,732.23 1,818.84 1,909.79 2,005.27 2,105.54/m. wa,3~y 3,753.17 3,940..83 4,137.87 4,344.76 4,5.62.00 PARAMEDIC STIPEND ONLY EFFECTIVE 7-1-97 I'. 2.31 2.31 2.31 2.31 2.31,0UaLY PARAMEDIC 258.46 258.46 258.47 258.46 258.46 560.00 560.00 560.00 560.00 560.00 MormiLt, EXHIBIT 'B' Resolution No. FD98-001 Page 35 SALARY SCHEDULE AS OF JULY 1, 1999 ADOPTED AT THE Mar. 4 th, 1998 COUNCIL MEETING 1 FOR SUPPRESSION AND INSPECTION PERSONNEL SECTION I: A B C D E LOCAL # 2274 FIRE CAPTAIN I 18.81 19.75 20.73 21.77 22.86 l,o,.mu.Y 2,106.29 2,211.60 2,322.19 2,438.29 2,560.20 4,563.62 4,791.80 5~031.39 5,282.97 5,547.11 FIRE ENGINEER 16.01 16.81 17.65 18.53 19.461.ou~y 1,792.86 1,882.50 1,976.63 2,075.46 2,179.23 3,8.84.53 4,078.76 4,282.69 4,496.83 4,721.67 ~Mo,'nu.y FIRE FIGHTER I 14.12 14.82 15.56 16.34 17.16 l,oc~ctr 1,581.17 1,660.23 1,743.24 1,830.41 1,921.93 3,425.88 3,597.17 3,777.03 3,965.88 4,164.17 IMom. m.y HAZARDOUS MATERIAL 19.78 20.72 21.71 22.74 PREMIUM PAY 2,215.25 2,320.56 2,431.14 2,547.26 2,669.17 Im.wxz~ CAPTAIN 4,799.701 5,027.88t 5,267.47J 5,519.051 5,783.19MOmm.y HAZARDOUS MATERIAL 16.98 17.78 18.62 19.50 20.43 PREMIUM PAY 1,901.82 1,991.46 2,085.59 2,184.42 2,288.19 ENGINEER I INSPECTOR 4,120.611 4,314.841 4,518.781 4,732.91 4,957.75 HAZARDOUS MATERIAL I 15.09 15.80 16.54 17.32 18.13 PREMIUM PAY 1,690.14 1,7'69.19 1,852.21 1,939.37 2,030.891..~ FIREFIGHTER 3,661.961 3,833.251 4,013.11J 4,201.961 4,400.26uom'm.~r FIRE INSPECTOR 16.01 16.81 17.65 18.53 19.46 JHOU~.L~' 1,792.86 1,882.50 1,976.63 2,075.46 2,179.23 fBLWZn~Ly 3,884.53 4,078.76 4,282.69 4,496.83 4,721.67 JMONTIILY PARAMEDIC STIPEND ONLY EFFECTIVE 7-1-97 I2.31 2.31 2.31 2.31 2.31 ].o~u,y PARAMEDIC 258.46 258.46 258.47 258.46 258.46 Jm-WnXLy 560.00 560.00 560.00 560.00 560.00 JMOr~mLt, EXHIBI 'C'