HomeMy WebLinkAbout09-017 - Resolutions RESOLUTION NO. FD 09-017
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND FIRE MANAGEMENT
EMPLOYEES RELATIVE TO WAGES, BENEFITS AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL
YEAR 2009-10.
A. RECITALS
Representatives of the Rancho Cucamonga Fire Protection District ("District":
hereinafter) and the Fire Management Employees 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.
Representatives of the District and Fire Management Employees have agreed upon and
presented to this Board a Memorandum of Understanding pertaining to the Fire
Management Employees effective,'July 1, 2009 specifying the results of said meet and
confer process.
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 of the City of Rancho Cucamonga, California, does hereby find, determine and
resolve as follows:
1. In all respects, as set forth in the Recitals, Part A of this Resolution.
2. The attached Memorandum of Understanding entered into by and between District
representatives and the Fire Management Employees representatives for Fiscal
Year 2009-10 effective July 1, 2009 is hereby approved and ratified by the Board of
Directors.
3. The Secretary shall certify to the adoption of this resolution.
Please see the following page for
formal adoption,certification and signatures
Resolution No. FD 09-017
Page 2 of 36
PASSED, APPROVED, AND ADOPTED this 20th day of May 2009.
i
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
onald J. Kurth, .D., President
ATTEST:
- -
Janice C. Reynolds' Secre ry
I, JANICE C. REYNOLDS, 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 20th day of May, 2009.
Executed this 21st day of May 2009 at Rancho Cucamonga, California.
i
1 u�
J ice C. Re holds, 86cretary
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MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP
2009-2010
Resolution No. FD 09-017 — Page 3 of 36
TABLE OF CONTENTS
Page
PREAMBLE............................................:........................................................................ 1
ARTICLEI RECOGNITION............................................................................................. 1
ARTICLE II COMPENSATION ........................................................................................ 1
§ 1 Salary Ranges................................................................................................... 1
§ 2 Salary Plan........................................................................................................ 1
A: Salary Ranges.............................................................................................. 1
B. Deferred Compensation ................................................................................4
§ 3 Work Periods and Overtime..............................................................................4
A: Work Periods.................:..............................................................................4
B. Work Shifts...................................................................................................4
C. Flex Time......................................:...............................................................5
D. 4/10 Schedule .............................................................................................. 5
E. Overtime Pa
F. Call Back ......................................................................................................6
§ 4 Uniform Allowance ............................................................................................6
§ 5 Employee Group Insurance ..............................................................................6
A. Health Insurance .......................................................................................... 6
B. Dental Insurance ..........................................................................................7
C. Vision Insurance...........................................................................................7
D. Life Insurance...............................................................................................7
§ 6 Tuition Reimbursement.....................................................................................7
§ 7 Retirement Plan ................................................................................................8
A. Benefits ........................................................................................................ 8
§ 8 Work Related Injuries........................................................................................ 8
§ 9 Carpooling................................ ........................................................................ 9
§ 10 IRS 125 Plan...................................................................................................9
§ 11 Retiree Health Savings Account/Trust ............................................................ 9
ARTICLEIII LEAVES .......................................................................I...............I............ 10
§ 1 Holidays ..................................................................................................:....... 10
§ 2 Vacation Leave ............................................................................................... 11
§ 3 Sick Leave....................................................................................................... 12
A. Full-time Employees ................................................................................... 12
§ 4 Conversion Factor.................................................:......................................... 14
t § 5 Personal Leave ............................................................................................... 14
Resolution No. FD 09-017 — Page 4 of 36
§ 6 Bereavement Leave........................................................................................ 15
A. 40-hour Personnel...................................................................................... 15
B. Shift Personnel ........................................................................................... 15
C. Immediate family is defined as: ................. ................................................ 15
§ 7 Compensatory Time.........................................................I.............................. 15
§ 8 Administrative Leave....................................................................................... 16
§ 9 Military Leave.................................................................................................. 16
§ 10 Jury Duty........................................................................................................17
§ 11 Civil Subpoena/Criminal Subpoena ............................................................... 17
A. Civil Subpoena......................................................................................... 17
B. Criminal Subpoena .................................................................................. 17
§ 12 Leaves of Absence without Pay.................................................................... 18
ARTICLE IV GRIEVANCE PROCEDURE..................................................................... 18
§ 1 Purpose........................................................................................................... 18
§ 2 Objectives ....................................................................................................... 18
§ 3 General Provisions.......................................................................................... 19
§ 4 Informal Grievance Procedure ........................................................................20
§ 5 Formal Grievance Procedure .......................................................................... 20
A. Step I ....................................................................................................... 20
B. Step II ......................................................................................................20
C. Step III .....................................................................................................20
D. Step IV.....................................................................................................21
ARTICLE V DISCIPLINARY APPEAL........................................................................... 23
§ 1 Purpose...........................................................................................................23
§ 2 General Provision............................................................................................23
§ 3 Pre-Disciplinary Notice....................................................................................23
§ 4 Hearing Officer Appeal.................................................................................... 25
§ 5 CEO Decision.................................................................................................. 26
ARTICLEVI SAFETY...................................................................................................27
§ 1 Compliance .....................................................................................................27
§ 2 No Discrimination ............................................................................................27
§ 3 Safety Equipment............................................................................................27
4 Employee Responsibility 27
5 Smoking Policy 27
Resolution No. FD 09-017— Page 5 of 36
r ARTICLE VII MANAGEMENT RIGHTS .......................................................................28
§ 1 Scope of Rights...............................................................................................28
§ 2 Emergency Conditions ....................................................................................28
ARTICLE VIII MAINTENANCE OF BENEFITS ............................................................28
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS......................................29
ARTICLE X PROVISIONS OF LAW ............................................................................29
ARTICLEXI TERM.......................................................................................................29
ARTICLE XII NEGOTIATION OF SUCCESSOR MOU ................................................. 29
ARTICLE XIII PARITY PROVISION............................................................................. 30
Resolution No. FD 09-017 — Page 6 of 36
PREAMBLE
This Memorandum of Understanding ("MOU" hereinafter) is made and entered into
by and between the Rancho Cucamonga Fire Protection District ("Districf'hereinafter), and
the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining
Group ("Fire MEG" 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
A. Pursuant to the provisions of existing rules and regulations and applicable
State law, District hereby acknowledges.Fire MEG as the exclusive recognized employee
organization for the representation unit, which includes all management employees of
District (excluding the Fire Chief), who are employed on a full-time basis. The classes
represented include Fire Deputy Chief and Fire Battalion Chief.
B. Fire MEG does not represent the classification of Fire Chief. However, all
rights and benefits contained in this Memorandum of Understanding shall be extended to
the Fire Chief to preclude the necessity for,a separate agreement between the Fire Chief.
and the Fire District.
ARTICLE II COMPENSATION
§ 1 Salary Ranges
A. The Fire MEG agrees to contribute out of their cost of living adjustment,
contributions to their salary and benefits.
B. Survey Cities: Fire MEG and District agree that the survey cities shall be
the cities of West Covina, Corona, Ontario, Riverside, San Bernardino City, Pasadena and
Chino Valley Fire District. No later than February 1st of each year, a survey of the
identified labor market cities will be completed, reviewed by Fire MEG and District, and
used as the comparison basis for any negotiations regarding market equity adjustment and
cost of living adjustment.
C. During the term of this MOU, the salary ranges shall be those as set forth in
Exhibit A through Exhibit F, attached hereto and by this reference incorporated herein.
§ 2 Salary Plan
A. Salary Ranges
The base salary for the Fire Chief and Deputy Fire Chief shall consist of ranges
having six (6) steps, labeled A through F. with approximately five percent (5%) between
each step. The base salary for Battalion Chiefs shall consist of ranges having five (5)
4 steps, labeled A through E, with approximately five percent (5%) between each step.
Placement within the range shall be in accordance with the following:
Resolution No. FD 09-017 — Page 7 of 36
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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 Adiustments
Advancement within a salary range shall not be automatic, but shall be
based upon job performance and granted only on the recommendation of the employee's
supervisor and approval of the Fire Chief. Employees shall be considered for merit salary
increases in accordance with the following:
a. Employees who are placed at Step A upon original employment,
reinstatement, or promotion are eligible for a merit salary review after six (6) months of
service. Subsequent merit salary review dates shall fall upon the completion of twelve (12)
month service intervals.
b. Employees who are placed at Step B or above upon original
employment, reinstatement, or promotion shall be eligible for a merit salary review after
twelve (12) months of service. Subsequent review dates shall fall upon the completion of
twelve (12) month service intervals.
c. The granting of an official leave of absence of more than thirty (30)
continuous calendar days, other than military leave, shall cause the employee's merit
salary review date to be extended the number of calendar days the employee was on
leave.
d. If, in the supervisor's judgment, the employee's performance does
not justify a salary increase on the review date, the employee shall be reevaluated before
the expiration of six (6) months dating from the employee's review date. If the period of
postponement exceeds three (3) months and the employee receives a salary increase, the
employee shall be assigned a new review date based on the date the increase was
granted.
e. Authorized salary step increases shall become effective at the
beginning of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon
discovery of the error, if the employee is recommended for a salary increase, the employee
shall receive a supplemental payment compensating him or herforthe additional salary the
employee 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 six (6) month period.
h. In order to address a situation wherein application of this section
would result in the inequitable treatment of employees and upon the recommendation of
the Fire Chief and approval of the Board, an employee may be placed at any step in the
salary range for his or her clMesolution No. FD 09-017 — Page 8 of 36
7. Salary on Re-employment
An employee recalled after a layoff shall receive the same salary step
in the range of the class at which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may
be recommended by the supervisor and approved by the Fire Chief. The employee's merit
salary review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%),
above the affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
b. Work in the higher class at least fifteen (15) consecutive 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.
10. Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range by
the Board, the salary of each incumbent in such class on the date the reassignment is
effective shall be adjusted to the step he or she was receiving in the former range.
B. Deferred Compensation
A District-paid contribution to Deferred Compensation Plan shall be provided
as a percentage of monthly.base salary as follows:
Fire Chief 6%
Deputy Fire Chief 4%
Battalion Chief/Training Officer (40-hr personnel) 4%
Battalion Chief (shift, 56-hr personnel) 2%
§ 3 Work Periods and Overtime
A. Work Periods
The work period for shift personnel is fourteen (14) days. Overtime is paid
for time worked in excess of one hundred twelve (112) hours in the period. The work
period for forty (40) hour personnel is seven (7) days. Overtime is paid for time worked in
excess of forty (40) hours in the period.
B. Work Shifts
1. All twenty-four(24) hour work shifts begin at 0800 and end at 0800 the
following day.
2. Ten (10) hour work shifts begin at 0700 and end at 1800.
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i 3. Salary on Promotion
An employee, who is promoted to a position in a class with a higher
salary range than the class in which he or she formerly occupied a position, shall receive
the nearest higher monthly salary in the higher salary range that would constitute a
minimum five percent (5%) salary increase over his or her base salary rate, provided that
no employee may receive a rate in excess of Step E of the promotional class. If the
promotion occurs within sixty (60) days of a scheduled merit salary review date, the
employee shall receive the merit increase (if otherwise entitled to it) and the promotional
increase concurrently. The employee shall be given a new merit salary review date for
purposes of future salary step advancement. The new date shall be based upon the
effective date of the promotion.
4. Salary on Demotion
An employee who is demoted to a position in a class with a lower
salary range shall receive a new merit salary review date based upon the effective date of
the demotion and receive a salary in accordance with the following:
a. Disciplinary demotion - any designated salary step in the lower
salary range which will result in the employee's receiving at least a five percent (5%)
reduction in pay.
b. Non-disciplinary demotion -that salary step he or she would have
received in the lower class if his or her services had been continuous in said lower class.
5. Salary on Transfer
An employee who is transferred from one position to another in the
same class or to another position in a similar class having the same salary range shall
receive the same step in the salary range previously received and the merit salary review
date shall not change.
6. Salary on Position Reclassification
When an employee's position is reclassified and the employee is
appointed to the position, salary shall be determined as follows:
a. If the position is reclassified to a class with a higher salary range
than the former class, salary and merit salary review date shall be set in the same manner
as if he or she had been promoted.
b. If the salary of the employee is the same or less than the maximum
of the salary range of the new class and the salary range of the new class is the same as
the previous class, the salary and merit salary review date shall not change.
c. If the salary of the employee is greater than the maximum of the
range of the new class, the salary of the employee shall be designated as a "Y-rate" and
shall not change during continuous regular service until the maximum of the salary range to
which the class is assigned exceeds the salary of the employee.
Resolution No. FD 09-017— Page 10 of 36
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C. Flex Time
1. The work schedules of employees assigned to other than fire
suppression are subject to change depending on needs of the District or the 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(1.5) 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
the needs of the District, as determined by the District, will,take precedence over employee
preferences.
4. The District will not effect schedule changes but for good and sufficient
cause.
5. Management employees shall be allowed to work a flexible work week
upon the approval of their supervisor.
D. 4/10 Schedule
With the 4/10 implementation, employees who experience hardship due to
child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and
arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who
carpool at least 60% of the pay period and 60% of the distance into their normally assigned
workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late.
E. 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. Wages: The Battalion Chief in Training and suppression Battalion
Chief's will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time
and one-half (1 .5) rate of pay.
3. For purposes of computing overtime pay under the Fair Labor
Standards Act, military. leave shall be the only leave of absence not considered hours
worked.
4. For the purpose of this section, work time shall not include traveling to
or from the normal work site.
5. All non-exempt full-time employees who are called back to work from
off-duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for
any hours worked, with a minimum of two (2) hours pay for each emergency recall.
Employees required to work more than fifteen (15) minutes shall be compensated for a
minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half (1/2)
hour increments (fifteen (15) minutes work shall constitute one-half(1/2) hour). Time spent
in traveling to and from the work site shall be compensated in accordance with FLSA.
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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.
6. The Deputy Chief will be paid an amount equal to State and/or Federal
reimbursements received by the District for the work performed through State and/or Federal
requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams),
at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a
management capacity consistent with their normal position under the Fair Labor Standards
Act. The requisite amounts equal to the time worked beyond the normal forty (40) hourwork
week will be paid to the Deputy Chief during the pay period in which the work performed
through State and/or Federal requests for hours worked beyond the normal forty (40) hour
work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to
lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to
use accrued vacation leave.
F. Call Back
A minimum of two (2) hours of work time will be credited to an employee
who responds to a District call to come to work during off-duty hours. This section is not to
be interpreted as requiring said minimum in the event of an extended work day or when the
employee begins his or her regular work shift before the normal starting time.
§ 4 Uniform Allowance
A. The District will 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 District stipulates that it's goal on Uniform Allowance is to provide for
the purchase of uniform articles as specified in the District's rules and regulations, to a
maximum of $875.00 per employee per year, however, in consideration of the current
economic conditions, the parties have agreed to defer any increases in the Uniform
Allowance, beyond the existing amount of $500.00 per employee per fiscal year, for the
duration of this agreement. The Uniform Allowance will be paid concurrent with the first full
pay period after the beginning of the new fiscal year, in a separate check from the regular
paycheck.
§ 5 Employee Group Insurance
District agrees to provide group insurance plans in accordance with the
following:
A. Health Insurance
1. District will provide medical insurance through the State of California
Public Employee's Medical and Hospital Care Program.
2. District will provide fully paid employee and family health insurance for
all full time continuous and retired employees who were hired before November 17, 1994. I,
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2009 to 2010 fire meg mou(3).doo
( 3. District will provide fully paid employee and family health insurance for
all full-time continuous employees hired after November 17, 1994, at the lowest, fully paid
insurance plan.which is made available to affected employees and which is offered by the
Public Employees Medical and Hospital Care Program.
. 4. All full-time continuous employees hired after November 17, 1994, who
want to maintain medical insurance through the State of California, Public Employees
Medical and Hospital Care Program, upon their retirement, shall be responsible for paying
their own premiums.
5. Upon the written request of the employee, along with verification that
their spouse and/or family can provide full health insurance, cash compensation in lieu of
medical benefits in the amount of$200.00 for single employees or$300.00 for employees for
dependents, may be provided to the employee. Selection of compensation shall be at the
employee's discretion. The employee may reenter the District's health plan at any time.
B. Dental Insurance
District shall provide fully paid employee and family dental insurance plan
for all full-time continuous employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full time
continuous employees with a maximum payment not to exceed $22.25 a month.
Employees agree to contribute 0.02% of their salary adjustment to fund their contribution of
$2.00 a month for vision insurance. The above amount of$22.25 includes the employees'
contribution. The employee shall pay the cost of vision insurance in excess of $22.25.
In the event that vision insurance premiums exceed $22.25 during the term
of the contract, the District shall provide advanced notice to the representatives, if possible,
at least thirty (30) days.
D. Life Insurance
District shall provide a fully paid $50,000 life insurance policy for all Fire
MEG members.
§ 6 Tuition Reimbursement
College Tuition Program for Fire MEG
A. The District agrees to reimburse Fire MEG employees to recover all
associated costs of accelerated degree programs to the same degree that traditional
degree costs are recovered, recognizing that the "per quarter" costs of an accelerated
degree program are higher due to the compression of educational objectives. A cap of
$3,000 per fiscal year will be applied initially and adjusted as necessary to reflect actual
costs compared to the California State University system. The intent is to provide
reimbursement for all associated costs of a degree program, regardless of how long or how
short the period over which the degree program is administered. It is also the intent to use
the California State University system as the cost comparison basis for any limiting of the
I, tuition amount. For comparison purposes, it is agreed that the California State University at
Cal Poly Pomona, Fullerton and San Bernardino will be the "survey" Universities.
Resolution No. FD 09-017— Page 13 of
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1. Associated costs: i
a. Tuition based on units.
b. Books.
C. Parking.
d. Miscellaneous/labs, tapes, etc.
2. Approval for reimbursement must be obtained by the Fire Chief or
designee prior to taking the course. Approval is for applicability of the course to an
appropriate degree program for the employee's fire service career.
B. Employee shall achieve a "C" or better grade to be eligible for
reimbursement. Employee shall submit all receipts for the class upon completion, unless
other arrangements are made.
C. For reimbursement of costs at an accredited college other than a Cal State
Program:
1. The District will pay an average per unit cost for each accredited unit, _
employee to pay the remainder of the cost.
2. Reimbursement of costs may be initiated prior to completion of the
class if a deferred payment contract with the college is achieved.
3. Employee must successfully complete the course or shall reimburse all
associated costs back to the District.
4. The Fire Chief may choose to establish an individualized payment
schedule for each employee, based upon a college accredited program. However, all costs
will be tied to the average of a Cal State program at the "survey" Universities.
§ 7 Retirement Plan
A. Benefits
1. District contracts with the State of California Public Employee's
Retirement System to provide retirement benefits to eligible employees. All costs of benefits
provided to employees under the District's CalPERS contract are paid by the District.
Present benefits provided through CalPERS include the following:
§21574 ................... 1959 Survivor Benefits, Fourth level
§21362.2 ................ 3% at 50 Full Formula
§21354.4 ................ 2.5% @ 55 Local Misc. Members (effective 7/1/97)
§20862.8 ................ Credit for Unused Sick Leave
§20615 ................... Payment of Normal Member Contributions
§20024.2 ................ One Year Highest Compensation
2. The following benefit is available to safety personnel at employee cost:
§20930.3 ................ Military Service as Public Service
§ 8 Work Related Injuries
Employees are entitled to full salary and benefits for up to one (1) year, when
they sustain an on-the-job work related injury (see California Labor Code § 4850 for
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( provisions). Although § 4850 covers only safety personnel, District is extending this same
benefit to all employees. Temporary disability payments received during any injury period
shall be returned to District. Notwithstanding the foregoing, non-safety members shall not
be entitled to the presumptions pertaining to injuries set forth in said Labor Code
provisions, it being the express intent of the parties that the § 4850 benefit provided
hereunder.applies only to the provision of full salary and benefits for up to one (1) year.
§ 9 Carpooling
Those employees participating in a carpool during going to and coming from
their residence and work site, shall not be in receipt of a reduced workday. Rather, those
employees participating in a "carpool' shall be accorded the following benefit:
Eligible carpool employees shall be regular, full-time employees who voluntarily
participate in and file a "ride share application agreement."
Eligibility for ride share-related benefits is conditioned upon:
1 . Each affected regular and full time employee shall ride share with another
person(s) in a car or vanpool.
2. In the alternative,each affected regular and full time employee shall drive to
and from work other than in an automobile. For example, such transportation may include
a bicycle, public transportation, walking.
3. Eligibility for ride share benefits shall be conditioned upon 1)the regular and
full time employee so participating 60% of the total work days during a given month, 2) ride
sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of
6 and 10 a.m., Monday through Thursday.
Individuals meeting the above qualifications shall earn 82 for every day that the
employee ride shares, paid at the end of each quarter. Further, the City is desirous of
devising some type of "drawing" to provide a singular person on a monthly basis with an
item of value in recognition of ride sharing.
§ 10 IRS 125 Plan
A. City shall implement authorized pre-tax payroll deduction of out-of-pocket
medical contribution premiums. Said pre-tax payroll deduction shall only be used for the
purpose of paying the difference between the amount of District funded premiums for
District-provided health insurance plans, and the amount of out-of-pocket premium
payments borne by the employee regarding District-provided plans.
B. The District agrees to provide technical assistance (such as automatic payroll
deduction, etc.) in the event employees decide to expand this benefit from a "premium only
plan" to a "flexible spending account" provided that those participating pay all costs
incurred in expanding and maintaining this program.
§11 Retiree Health Savings Account/Trust
During the term of this contract, the Fire MEG may elect to implement an
individual, voluntary form of Trust or Retiree Health Savings Account. The District agrees
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to take all action reasonably necessary to assist the Fire MEG with implementing such
account or trust, including, but not limited to, establishing appropriate payroll deductions.
ARTICLE III LEAVES
§ 1 Holidays
A. Holidays are those days which District designates as observed holidays.
Holiday leave is a right, earned as a condition of employment, to a leave of absence with
pay. The holidays designated by District are as follows:
40 Hour Personnel
January 1 ..........................New Years Day
January .............................Martin Luther King's Birthday (3rd Monday)
February............................President's Day (3rd Monday)
May ...................................Memorial Day (last Monday)
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
Three (3) additional discretionary (floating) days may be taken by an employee
at their convenience, subject to approval by the supervisor. The thirty (30) hours.for the
three (3) floating holidays shall be credited to the employee at the start of pay period No. 1
of each calendar year.
Whenever a holiday falls on a Sunday, the following Monday shall be observed
as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday
shall be observed as the holiday.
56 Hour Personnel
January 1 ..........................New Years Day
January 18 ........................Martin Luther King's Birthday
February 12.......................Lincoln's Birthday
February 22 ......................Washington's Birthday
May ...................................Memorial Day (last Monday)
July 4.................................Independence Day
September ........................Labor Day (1 st Monday)
September 9 .....................Admissions Day
October 12 ........................Columbus Day
November 11 .....................Veterans Day
November..........................Thanksgiving (4th Thursday)
November..........................The day following Thanksgiving
December 24.....................The day preceding Christmas
December 25.....................Christmas
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B. Employees shall accrue holiday time as follows:
Type of Per Maximum
Accrual Holiday Annually Personnel
Shift Personnel 12 hours 168 hours 216 hours
40 Hour Personnel 10 hours 140 hours 180 hours
C. No District employee will be allowed to exceed the maximum accrual at any
time. As excess holiday time is earned, it must either be taken as time off or be paid for by
District.
D. 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.
E. 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.
F. District will buy back all or part of accrued holiday time at the then current
hourly rate, if a request is made (in writing) by November 30th specifying holiday balance
and exercising the option to sell back.
G. Holidays may be used as scheduled time off with the approval of the
supervisor. "
H. 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.
I. 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) forthe number of hours actually
worked that day.
§ 2 Vacation Leave
A. Vacation leave is a right to a leave of absence with pay. It is earned as a
condition of employment.
All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule:
40 hour personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
30 days-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
t 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
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Shift Personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
30 days-3 years 120 hrs / 5 shifts 288.0 4.615
4-7 years 180 hrs / 7.5 shifts 408.0 6.923
8-10 years 240 hrs / 10 shifts 528.0 9.231
11-14 years 264 hrs / 11 shifts 528.0 10.154
15-19 years 288 hrs / 12 shifts 528.0 11.077
20-24 years 312 hrs / 13 shifts 528.0 12.002
25+ years 336 hrs / 14 shifts 528.0 12.923.
B. An employee who, as of July 1 of any given year, has completed 10, 20 or
25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift
employee; or receive 10 hours, if a 40 hour employee.
C. The District will notify employees, in writing, within the pay period prior to
the time that maximum vacation accrual will be reached that the accrual is approaching
that maximum. The employee will then be required to (1) schedule time off or, (2) receive
pay in lieu of time off so as to not exceed the maximum accrual.
D. Any full-time employee who is about to terminate employment and has
earned vacation time to his or her credit, shall be paid for such vacation time on the
effective date of such termination. When separation is caused by death of an employee,
payment shall be made to the estate of such employee.
E. For vacation accrual purposes only, safety personnel hired prior to July 1,
1996 are allowed to include prior years of all fire service employment.
§ 3 Sick Leave
Sick leave is the authorized absence from duty of an employee because of
physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious
disease, or for a medical, optical, or dental appointment.
A. Full-time Employees
1 . All employees shall be accruing sick leave as follows:
Annual Max.
Personnel Monthly
Accrual Accrual
40 hr Personnel 10 hours 120 hours No limit
Shift Personnel 12 hours (1/2 shift) 144 hours (6 shifts) No limit
2. 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 including, but not limited to, l
medical, dental, eye, or psychiatric examinations.
Resolution No. FD 09-017— Page 18 of 36
( d. Not more than twelve (12) days for 40-hour employees or six (6)
shifts for shift personnel, of sick leave each calendar year in case an employee's presence
is required elsewhere because of sickness, disability, or child birth of a member of his/her
immediate family, as defined in District Personnel Rules.
B. No employee shall be entitled to sick leave with pay while absent from duty
for the following causes:
1. Disability arising from sickness or injury purposely self-inflicted or
caused by his or her own willful misconduct.
2. Sickness or disability sustained while on leave of absence.
C. Except as specified in "G" below, sick leave shall not be used in lieu of or in
addition to vacation.
D. The Fire Chief reserves the right to require evidence in the form of a
physician's certificate whenever an employee is absent and requests sick leave for the
period of absence, except personal leave (see § 5).
E. Any employee absent from work due to illness or accident, may at the
discretion of the Fire Chief, be required to submit to a physical examination before
returning to active duty. Such physical examination shall be performed by a physician
specified by District and shall be at District expense.
F. Termination of an employee's continuous service, except by reason of
retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment
will be made by the District for sick leave accrued to the time of such termination
regardless of whether or not such employee subsequently reenters District service.
G. Any employee incurring a serious injury or illness while on paid vacation
leave may have those days of illness changed to sick leave with pay and vacation days
restored accordingly, provided the employee has sufficient sick leave accrued and the
period of illness is certified by a written doctor's statement.
H. Employees with ten (10) or more years of service shall be eligible to convert
unused sick leave to vacation in accordance with the following:
1. Shift employees who in the preceding calendar year have accrued 108
to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that
preceding calendar year, may exercise the option of having one-half (1/2) of that unused
sick leave accrued in the preceding year converted to vacation leave and the remainder
carried over as accrued sick leave.
2. Employees 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.
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I. Upon the retirement of an employee, the employee will have the option of
selling back to the District up to one-half(1/2) 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 credit for retirement, in accordance with the Public Employees'
Retirement Law, California Government Code § 20862.8. Sick leave bought back by the
District may not be applied to service credit, but the sick leave remaining after the buy back
may be credited as service time in accordance with the above-noted law.
§ 4 Conversion Factor
The factor used to convert the accruals for forty (40) hour per week employees
to fifty-six (56) hour per week employees will be:
Vacation, holiday, and sick leave:
Work Week Basis
Conversion
Vacation 40 Hour 56 Hour Factor
30 days-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
Holida 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, in addition
to the normal leave accrual, to attend the funeral of a 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:
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( 1 . He or she notifies his or her supervisor with adequate advance notice
so that a relief may be obtained.
2. The employee must return to work within.a reasonable time after the
appearance.
C. Personal leave will be charged against any leave account in which the
employee has accrued an appropriate balance, such as "sick leave, vacation, or
compensatory time. It is the employee's option which account is to be charged.
D. Employees can use up to twenty (20) hours of accrued sick leave as
personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour)
throughout the fiscal year. Use of this time is for emergency situations requiring the
employee's attention and requires prior approval by their supervisor.
§ 6 Bereavement Leave
A. 40-hour Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted three (3) days paid bereavement leave, in addition to the normal leave
accrual. A maximum of five (5) days paid bereavement leave, in addition to the normal
leave accrual, shall be granted if there is a death in the immediate family outside the state
boundaries.
B. Shift Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted two (2) shifts paid-bereavement leave, in addition to the normal leave
accrual. A maximum of three (3) shifts paid bereavement leave, in addition to the normal
leave accrual, shall be granted if there is a death in the immediate family outside the state
boundaries and the employee attends the services.
C. Immediate family is defined as:
Spouse, children, stepchildren, parents, stepfather, stepmother, brother,
sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-
law or grandparents-in law.
§ 7 Compensatory Time
A. FLSA-exempt employees may earn compensatory time, on a basis of 1
hour worked equals 1 hour of compensatory time, as follows:
1 . 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.
2. For special and/or unusual work situation not provided for in the
preceding paragraphs.
B. Compensatory time will not be granted for attendance at any regularly
scheduled meetings of the Board of Directors, or any District Committee nor will
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compensatory time be granted for additional working time beyond the normal working day
necessary for efficient and effective department operations, or to maintain good public
relations. Any such time shall be considered a part of the normal duties of the position.
C. The earning and accrual of compensatory time requires the prior approval
of the employee's supervisor.
§ 8 Administrative Leave
Administrative Leave: The following classifications shall earn Administrative
Leave annually as follows:
Battalion Chief .....................75 hours
Deputy Fire Chief.................75 hours
Fire Chief............................. 100 hours
Unused administrative leave, to a maximum offorty(40) hours at the end of the
calendar year may be sold back to District at the employee's then current hourly rate.
Administrative leave shall not be carried over beyond the year in which it was earned.
§ 9 Military Leave
A. Every employee who is a member of a state or federal reserve military unit
shall be entitled to be absent from service with District while engaged in the performance of
ordered military duty and while going to or returning from such duty in accordance with the
laws of the State of California or federal government.
B. Employees are entitled to thirty (30) days paid military leave in any one
fiscal year, provided they have been employed by the District for one (1) year prior to this
leave. Any employee with less than one (1) year of service must use accrued annual leave
or compensatory time if he or she wishes to receive normal pay.
C. Employees who are called or volunteer for active service with the armed
forces of the United States shall be entitled to reinstatement to their former positions.
Upon application for reinstatement, the individual must display a certificate showing service
was other than dishonorable. However, any individual possessing right of reinstatement
automatically forfeits these rights upon voluntary enlistment for a second term.
D. Any employee returning from service with the armed forces shall be entitled
to such length of service seniority as would have been credited to them had they remained
for that period of time with the District.
E. An employee who was in a probationary period at the time of military leave
shall, upon return, complete the remaining portion of the probationary period according to
the rules in effect at the start of military leave.
F. An employee promoted to fill a vacancy created by a person serving in the
armed forces shall hold such position subject to the return of the veteran. .The employee
affected by the return shall be restored to his or her former position or one of a similar
nature when the returning employee resumes the position he or she previously held.
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§ 10 Jury Duty
Any member of the District who is called or required to serve as a trial juror
may be absent from duty with the 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 a relief may be obtained.
B. Returned to work 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.
C. Pay received for service while absent from the District.must be surrendered
to the 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.
§ 11 Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
1. 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:
a. Personnel will be paid at their regular hourly rate while they are in
court.
b. District transportation will be provided when available. If the
employee uses his or her own transportation, he or she will be reimbursed by the District at
the prevailing mileage rate.
C. 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 Fire Chief.
B. Criminal Subpoena
1. Pursuant to California Penal Code § 1326 et. seq., if an employee is
served with a criminal subpoena, the employee will be paid at the regular hourly rate while
in court.
2. District transportation will be provided when available. If the employee
uses their own transportation, they will be reimbursed by District at the prevailing mileage
rate.
t 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
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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 Fire Chief.
4. A criminal subpoena need not have a court stamp affixed.
§ 12 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 by
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 or for the purposes of seniority. For purposes of this
section, the employee's merit increase eligibility date shall be adjusted to the date of
reinstatement.
D. An employee on an approved leave of absence without pay may continue
medical insurance coverage by paying the full cost to District, in advance, for each month,
or portion thereof, of which he or she is absent.
ARTICLE IV GRIEVANCE PROCEDURE
§ 1 Purpose
This article is intended to provide a fair and orderly procedure for the resolution
of employee grievances. A grievance is a claimed violation, misinterpretation,
misapplication, or noncompliance with existing District codes, resolutions, written rules,
policies, procedures, orders, and regulations, or this document. This grievance
procedure shall not apply to disciplinary matters or to reviews of performance
evaluation reports or to discharge of probationary employees. Disciplinary matters
include all warnings, written reprimands, suspensions, reductions in pay which are
not the result of transfer or reassignment, demotions, dismissal or any other action
which consists of a taking of property as said term is defined by the courts in the
disciplinary context. (Reassignments and/or transfers that result in a loss of
compensation shall not be deemed to be disciplinary actions.)
§ 2 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.
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( C. To resolve grievances as quickly as possible.
D. To correct, if possible, the cause of grievances to prevent future similar
complaints.
E. To provide for a two-way system of communication by making it possible for
levels of supervision to address problems, complaints, and questions raised by employees.
F. To reduce the number of grievances by allowing them to be expressed and
thereby adjusted and eliminated.
G. To promote harmonious relations generally among employees, their
supervisors and the administrative staff.
H. To assure fair and equitable treatment of all employees.
§ 3 General Provisions
A. Preparation of a grievance will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. The Board of Directors or its individual members shall not be approached
by employees or their representatives at any time that the grievance is being processed.
C. Failure of the grievant to comply with time limitations specified in the
grievance procedure shall constitute a withdrawal of the grievance, except upon a showing
of good cause for such failure. Failure of District supervisory or administrative staff to
comply with specified time limitations shall permit the grievant to proceed to the next step
in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is
permitted with the mutual consent of both parties.
D. In the event a grievant elects to represent himself or herself or is
represented by counsel other than that provided by the employee organization, the
employee organization shall be apprised of the nature and resolution of the grievance if the
issues involved are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period
specified in these procedures, time limitations can be extended by mutual agreement of the
representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking of
any action exclude weekends and holidays.
G. Unless otherwise specifically provided for herein, the term "days" shall
mean business days of the District's Administrative offices.
H. An arbitrator shall not have authority to determine if a matter is within the
definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on
a timely basis.
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§ 4 Informal Grievance Procedure
Most problems or complaints can be settled if the employee will promptly,
informally and amicably discuss them with his or her immediate supervisor. Such an initial
discussion shall precede any use of the formal grievance procedure. If the immediate
supervisor fails to reply to the employee within ten (10) days, or the employee is not
satisfied with the decision, the employee may utilize the Formal Grievance Procedure.
Although invocation of the Informal Grievance Procedure does not mandate submission of
the grievance in Writing, the immediate supervisor shall document the substance of the.
informal grievance meeting. Failure by the employee to advise the immediate supervisor of
the grievable problem or complaint within seven (7) days of the date that the employee
knew or should reasonably have known of the existence of the problem or complaint, shall
constitute a waiver by the employee of the ability to utilize the grievance procedure.
§ 5 Formal Grievance Procedure
A. Step I
The employee and/or representative shall present the grievance, in writing
and signed, to his or her immediate supervisor within fifteen (15) days of the date that the
employee knew or reasonably should have known of the events giving rise to the
grievance. An official grievance form must be used stating names, dates, times, place, and
nature of grievance, explaining howthe grievance fits within the definition of"grievance" as
set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance
with the employee and shall submit his or her decision in writing to the employee within ten
(10) days after receipt of the grievance. The employee shall have the right to appeal the
decision of the supervisor to the Fire Chief.
B. Step II
1. If the grievance is not resolved to the satisfaction of the employee, the
grievant has seven (7) days following receipt of the written response from his or her
supervisor to file a written appeal to the Fire Chief or designated representative.
2. Written appeal to the Fire Chief or designated representative shall
consist of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the employee's supervisor did
not satisfactorily resolve the grievance and an indication of the action desired by the
grievant. The written appeal shall explain why the grievance fits within the definition of
"grievance" as set forth in § 1, above.
3. After submission of the written appeal, the Fire Chief or designee shall
reply within three (3) days, in writing, to the grievant regarding the grievance. In event of
rejection, reasons for so doing will be included in the response.
C. Step III
1 . If the grievance is not resolved to the satisfaction of the employee, the
grievant has seven (7) days following receipt of the written response from the Fire Chief or
designee to file a written appeal to the Chief Executive Officer (CEO) of the District. The
CEO may designate a representative to act in his or her stead.
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2. Written appeal to the CEO or designated representative shall consist
of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the Fire Chief or designee did
not satisfactorily resolve the grievance, and an indication of the action desired by the
grievant. The written appeal shall explain why the grievance fits within the definition of
,.grievance" as set forth in § 1 above.
3. After submission of the written appeal, the CEO or designee shall reply
in writing within fifteen (15) days, to the grievant regarding the grievance. The reasons for
the decision will be included in the response.
4. Section 1 PURPOSE defines a grievance as a claimed violation,
misinterpretation, misapplication or noncompliance with existing District codes, resolutions,
written rules, policies, procedures, orders and regulations, or this document. The decision
by the CEO or designee shall address whether or not the complaint of the employee is
grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or
otherwise administratively prosecuted in a timely basis. In the event that the CEO or
designee determines that the employee's complaint is not defined by § 1 above as a
grievance and/or is not timely filed or otherwise administratively prosecuted in a timely
basis, the CEO or designee shall advise the employee that the complaint is not grievable
and the grievance shall proceed no further unless or until on application by the employee, a
judgment is entered at the trial court level, indicative of the complaint being jurisdictionally
grievable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements
of timeliness.
D. Step IV
1. If a grievance is not resolved by the CEO or designee and is deemed
"grievable" pursuant to these rules and regulations, (a defined grievance and/or timely)
then within seven (7) days of service by the CEO or designee of a grievance decision, the
employee may further appeal the matter by filing with the office of the CEO or his designee
a written appeal to binding arbitration. Said appeal shall be timely only if it is received in
the office of the CEO or designee not later than seven (7) days after service of the
grievable decision by the CEO or designee.
2. The employee's appeal shall state with specificity the identification of
the District Codes, resolutions, written rules or regulations or sections of this document
which is claimed to have been violated. The appeal shall additionally state with specificity
all allegations of facts upon which the grievance is based, and the specific relief sought.
3. Within ten (10) days after receipt of a valid appeal, the CEO or his
designee shall request of the California State Conciliation and Mediation Service, that it
submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee
shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or
designee, as well.
4. Absent mutual selection of an arbitrator from either the submitted list
or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing
employee or CEO/designee having the option of making the first strike or directing that the
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opposing party make the first strike. Following alternate striking, the one remaining
arbitration candidate shall be deemed the appointed arbitrator.
5. The arbitrator shall conduct the hearing at a time and place mutually
agreed upon by the parties.
6. The hearing shall be memorialized by use of a certified shorthand
reporter. The shorthand reporter shall be selected by the employee.
7. All fees and expenses of the arbitrator shall be borne equally by the
parties.
8. All fees and expenses related to the securing of a representative
and/or legal counsel, the preparation of transcripts, witness fees and other expenses
attendant to the presentation of evidence, shall be borne by the party at whose direction
said expense is incurred.
9. The per diem fee of the shorthand reporter shall be borne equally by
the parties. The cost of transcription shall be borne by the party ordering the transcript.
10. Neither the Federal or California State Rules of Evidence shall be
binding upon evidentiary issues at the hearing. However, such authorities may be
considered by the arbitrator in rendering evidentiary rulings. Further, the California
Administrative Procedure Act shall specifically be of no application to the hearing process.
11. Although the Rules of Evidence shall not be strictly adhered to,
hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself
support a finding by the arbitrator without corroboration. In general, the arbitrator shall
admit evidence which is of such reliability that reasonable persons rely upon it in the
conduct of serious matters such as the hearing.
12. The burdens of proof and production of evidence shall be borne by the
employee and shall be by a preponderance of the evidence.
13. Not later than ten (10) days prior to the date of commencement of the
hearing, the parties shall exchange lists of witnesses each intends to call at the hearing,
and a list of documents it intends to introduce at the hearing. Said documents shall be
attached to the notifications provided for herein, and the notifications shall actually be in
receipt of the opposing party on or before the tenth (10th) day prior to commencement of
the hearing. Failure to comply with said requirements shall result in exclusion of witness
testimony and/or rejection of exhibits not designated in the submissions.
14. The arbitrator shall be empowered to issue subpoenas for the
production of persons and documents. The arbitrator shall designate the subpoena form to
be utilized in such case. The California Code of Civil Procedure, the Evidence Code and
other applicable statutes shall apply to the validity and processing of subpoenas and to the
method of service of the same.
15. Not later than thirty (30) days after closure of the record, the arbitrator
shall render a binding opinion regarding the issues at dispute, and shall submit the binding
opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District.
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16. The conduct of the arbitration proceedings shall be governed by this
MOU, and not by CCP § 1280 et seq.
ARTICLE V DISCIPLINARY APPEAL
§ 1 Purpose
This article is intended to provide a fair, orderly, and due process compliant
procedure whereby employees can seek review of disciplinary actions. Disciplinary actions
shall be defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4)
reduction in pay which is not the result of transfer or reassignment, 5) demotion, 6)
dismissal. Transfers or reassignments resulting in a reduction in bonus or related
compensation shall not be considered disciplinary action and shall not be subjectto review
pursuant to either this MOU or any other District rules, policies and regulations. Further,
oral warnings and written reprimands shall not be subject to appeal beyond the level of the
Fire Chief or designee as set forth below. Performance evaluation reports and/or the
discharge of probationary employees shall not be subject to review pursuant to this Article.
§ 2 . General Provisions
A. Preparation of an appeal will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. The Board of Directors or its individual members shall not be approached
by employees or their representatives at any time that the appeal is being processed.
C. Failure of the appellant to comply with time limitations specified in the
appeal procedure shall constitute a withdrawal of the appeal, except upon a showing of
good cause for such failure. Failure of District supervisory or administrative staff to comply
with specified time limitations shall permit the appellant to proceed to the next step in the
procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with
the mutual consent of both parties.
D. Any period of time specified in this rule for the giving of notice or taking of
any action excludes weekends and holidays.
E. Unless otherwise specifically provided for herein, the term "days" shall
mean business days of the District's Administrative offices.
F. Neither hearing officer nor the CEO shall have authority to determine if a
matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise
administratively prosecuted in a timely manner.
§ 3 Pre-Disciplinary Notice
A. In those instances where a supervisor intends that a disciplinary action
consisting of the loss of property (suspension, reduction, demotion or dismissal), the
supervisor intending to issue said recommendation shall provide the affected employee
with a written notice prior to imposition of any such disciplinary action. Said written notice
shall at a minimum, consist of the following:
�. 1. A statement of the disciplinary action that is being proposed.
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2. The proposed date of imposition of said action.
3. A statement of the basis for said proposed action.
4. The Notice shall include as attachments, the materials upon which the
proposed action is based (with the exception of the employee's personnel file, which need
not be attached to the Notice).
5. A statement of the method for participating in a pre-disciplinary review
of the proposed action.
B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action
can be issued by either the Chief or his designee.
C. Not later than five (5) days after being served with the Notice of Intended
Disciplinary Action, the employee shall serve the Fire Chief or designee with a written
request to convene such a meeting. The pre-disciplinary review meeting shall be
conducted not later than five (5) days thereafter.
The employee has the option of waiving participation in a pre-disciplinary
review meeting, and instead may respond to the Notice of Intended Disciplinary Action in
writing. If the employee so elects, the employee's substantive written response to the
Notice of Intended Disciplinary Action shall be served upon the Fire Chief or designee
within five (5) days of service of the Notice of Intended Disciplinary Action.
D. The pre-disciplinary review meeting shall be a non-evidentiary, informal
meeting conducted pursuant to the principles in Skelly v. State Personnel Board. There
shall be no subpoena power as regards said pre-disciplinary review meeting and there
shall be no examination of witnesses. Rather, the purpose of the meeting is for the subject
employee to provide the Fire Chief or designee with an informal rebuttal to the findings and
conclusions set forth by the Fire Chief or designee.
E. If the employee does not elect to participate in a pre-disciplinary review
meeting, then the Fire Chief or designee shall issue a Notice of Disciplinary Determination
based upon a review of the Notice of Intended Disciplinary Action and the materials
incorporated therein.
F. Regardless of whether or not the Notice Intended Disciplinary Action is
issued by the Chief or a designee, the Chief shall preside over any timely requested pre-
disciplinary review proceeding and shall issue a determination either rejecting, modifying or
sustaining the nature of the proposed action. However, the pre-disciplinary review
proceeding shall not result in an increase in the severity of the proposed action without an
amended Notice of Intended Action being first drafted and served and which so reflects the
Fire Chief's recommendation.
G. The Fire Chief shall cause the Notice of his post-review determination to be
served upon the employee and/or the employee's representative.
H. The decision by the Fire Chief or designee shall address whether or not the
appeal of the employee is appealable pursuant to the definition set forth in § 1 above
and/or is timely filed or otherwise administratively prosecuted in a timely manner. In the
event that the Fire Chief or designee determines that the employee's appeal is not defined 1.
as such by § 1 above and/or is not timely filed or otherwise administratively prosecuted in a
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timely manner, the Fire Chief or designee shall advise the employee that the matter is not
appealable and the appeal shall proceed no further unless or until on application by the
employee, a judgment is entered at the trial court level, indicative of the matter being
jurisdictionally appealable pursuant to the definitions set forth in § 1 above and/or pursuant
to requirements of timeliness.
§ 4 Hearing Officer Appeal
A. This Step Ill shall only be applicable to an appeal of disciplinary actions
consisting of a deprivation of property (suspension, reduction, demotion or dismissal).
B. If an appeal is not resolved by the Fire Chief following a pre-disciplinary
review meeting, then within seven (7) days of service by the Fire Chief or designee of his
decision, the employee may further appeal the matter by filing with the office of the Fire
Chief or his designee a written appeal to an advisory hearing officer. Said appeal shall be
timely only if it is received in the office of the Fire Chief or designee not later than seven (7)
days after service of the appealable decision by the Fire Chief or designee.
C. The employee's appeal shall state with specificity all allegations of facts and
law upon which the appeal is based, and the specific relief sought.
D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his
designee shall request of the California State Conciliation and Mediation Service, that it
submit a list of seven (7) hearing officers for hearing of the appeal. The Fire Chief or
designee shall direct that a copy of the list of hearing officers be sent to the employee and
to the Fire Chief or designee, as well.
E. Absent mutual selection of a hearing officer from either the submitted list or
otherwise, the hearing officer shall be chosen by an initial flip of the coin, with the prevailing
employee or Fire Chief/designee having the option of making the first strike or directing that
the opposing party make the first strike. Following alternate striking, the one remaining
hearing officer candidate shall be deemed the appointed hearing officer.
F. The hearing officer shall conduct the hearing at a time and place mutually
agreed upon by the parties.
G. The hearing shall be memorialized by use of a certified shorthand reporter.
The shorthand reporter shall be selected by the employee.
H. All fees and expenses of the hearing officer shall be borne equally by the
parties.
I. All fees and expenses related to the securing of a representative and/or
legal counsel, the preparation of transcripts, witness fees and other expenses attendant to
the presentation of evidence, shall be borne by the party at whose direction said expense
is incurred.
J. The per diem fee of the shorthand reporter shall be borne equally by the
parties. The cost of transcription shall be borne by the party ordering the transcript.
K. Neither the Federal or California State Rules of Evidence shall be binding
upon evidentiary issues at the hearing. However, such authorities may be considered by
the hearing officer in rendering evidentiary rulings. Further, the California Administrative
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Procedure Act shall specifically be of no application to the hearing process. Additionally,
the Fire Chief or designee shall be specifically authorized to call the employee or any other
individual as a witness during his case in chief or otherwise as the Fire Chief or designee
may deem appropriate.
L. Although the Rules of Evidence shall not be strictly adhered to, hearsay that
would be inadmissible in a civil or criminal proceeding cannot in and of itself support a
finding by the hearing officer without corroboration. In general, the hearing officer shall
admit evidence which is of such reliability that reasonable persons rely upon it in the
conduct of serious matters such as the hearing.
M. The burdens of proof and production of evidence shall be borne by the Fire
Chief. The standard of proof shall be by a preponderance of the evidence.
N. Not later than ten (10) days prior to the date of commencement of the
hearing, the parties shall exchange lists of witnesses each intends to call at the hearing,
and a list of documents it intends to introduce at the hearing. Said documents shall be
attached to the notifications provided for herein, and the notifications shall actually be in
receipt of the opposing party on or before the tenth (10th) day prior to commencement of
the hearing. Failure to comply with said requirements shall result in exclusion of witness
testimony and/or rejection of exhibits not designated in the submissions.
O. The hearing officer shall be empowered to issue subpoenas for the
production of persons and documents. The hearing officer shall designate the subpoena
form to be utilized in such case. The California Code of Civil Procedure, the Evidence
Code and other applicable statutes shall apply to the validity and processing of subpoenas
and to the method of service of the same.
P. Not later than thirty.(30) days after closure of the record, the hearing officer
shall render a written advisory opinion regarding the issues at dispute, and shall submit the
advisory opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the
District.
§ 5 CEO Decision
A. Within thirty (30) days after receipt of the hearing officer's decision, the
Chief Executive Officer shall advise the parties in writing pursuant to paragraph 4, below, of
whether or not the hearing officer's recommendation is adopted. If adopted, the Chief
Executive Officer need not review transcripts of the proceedings. If the Chief Executive
Officer adopts the hearing officer's recommendation, then it shall be considered a final
determination.
B. In the event that the Chief Executive Officer determines that the hearing
officer's recommendation may be subject to rejection or modification, the Chief Executive
Officer shall within thirty (30) days of receipt of the appeal so notify the parties and shall
order a transcript of the proceedings before the hearing officer with copies to the employee
and the Fire Chief. In such case, the cost of producing the transcript of the proceedings
shall be borne equally by the parties. Within thirty (30) days of service of the transcript, the
employee and the Fire Chief may submit to the Chief Executive Officer, a written
memorandum of points and authorities in support of their respective positions.
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C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive
Officer shall render a final determination either sustaining, modifying or rejecting the
hearing officer's recommendation. The Chief Executive Officer's decision shall be
submitted to the parties in writing and shall be final upon service being made by mail.
D. Allowable judicial review of the Chief Executive Officer's decision shall be
sought within the time constraints of CCP § 1094.6 (mandating that a petition for
peremptory writ of mandate shall be filed not later than the ninetieth (19) day following the
date on which the Chief Executive Officer's decision is mailed by first-class mail, postage
pre-paid, including a copy of the affidavit or certificate of mailing).
ARTICLE VI SAFETY
§ 1 Compliance
District and employees 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 VI.
§ 3 Safety Equipment
Should the employment duties of an employee in the unit, in the estimation of
OSHA, require use of any equipment or gear to insure the safety of the employee or
others, District agrees to furnish such equipment or gear.
§ 4 Employee 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 Smoking Policy
Employees have agreed to accept and abide by the District "Smoking Policy",
as written and approved by the Chief in effect on July 1, 1996.
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I
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 District;
C. To determine the methods, means, and number of personnel needed to
carry out District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District;
F. To promote, suspend, discipline, or discharge employees;
G. To layoff or relieve employees due to lack of work or funds or for other
legitimate reasons, (any provision within this MOU, City rules or regulations or any other
policy or procedure promulgated by the City or any Department of the City which prohibits
the imposition of layoffs, is deemed null and void);
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
J. To contract out for goods and services;
K. To take any and all actions as maybe 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; and,
M. To establish work and productivity standards.
§ 2 Emergency Conditions
If in the sole discretion of the Board of Directors or Fire Chief it is determined
that extreme civil emergency conditions exist, including, but not limited to, riots, civil
disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU
may be suspended during the time of the declared emergency, provided that wage rates
and monetary fringe benefits shall not be suspended.
ARTICLE VIII MAINTENANCE OF BENEFITS
All benefits enjoyed by the employees at the present time, which are not
included in nor specifically changed by this MOU, shall remain in full force and effect;
provided, however, that upon the mutual agreement of the parties, the meet and confer
Resolution.No. FD 09-017 — Page 34 of 36
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process may be initiated to address proposed changes. This Article shall not be
interpreted as affecting any other rights or obligations the respective.parties have under§
3500, et. seq., of the California Government Code.
ARTICLE IX APPROVAL BY THE.BOARD OF DIRECTORS
a This MOU is subject to approval by the Board of Directors of District. The
parties hereto agree to perform whatever acts are necessary both jointly and separately to
urge the Board to approve and enforce this MOU in its entirety. Following approval of this
MOU by the Board, its terms and conditions shall be implemented by appropriate
ordinance, resolution, or other lawful action.
ARTICLE X PROVISIONS OF LAW
A. It is understood and agreed that this MOU and employees are subject to all
current and future applicable Federal and State laws and regulations and the current
provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent
with such applicable provisions of those Federal, State, or District enactments or is
otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such
part or provision shall be suspended and superseded by such applicable law or
regulations, and the remainder of this MOU shall not be affected thereby. If any
substantive part or provision of this MOU is suspended or superseded,the parties agree to
re-open negotiations regarding the suspended or superseded part or provisions with the
understanding that the total compensation to employees under this MOU shall not be
reduced or increased as result of this Article.
B. The District and Fire MEG 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 Fire MEG shall not be changed for
the duration of this MOU. .
ARTICLE XI TERM
The term of this MOU shall commence on July 1, 2009 and will continue for a
period thereafter, ending on June 30, 2010.
ARTICLE XII NEGOTIATION OF SUCCESSOR MOU
The parties agree that negotiation of a successortothis MOU shall commence
not later than six (6) months prior to the MOU expiration date. It is further agreed that in
order to facilitate the parties'goal'of expeditiously completing the meet and confer process
on or before June 30, 2010, the parties shall exchange written meet and confer proposals
not later than February 1, 2010.
Resolution No. FD 09-017 — Page 35 of 36
ARTICLE XIII PARITY PROVISION
If during the term of this MOU,the City/District initially negotiates and provides
an increase in base salary to the unit(s) represented by any other City/District recognized
employee organization(s), said increase shall also be made applicable to the unit
represented by the Association. This Article shall not apply to base salary.increases which
are the result of a state or court mandate(s), or settlement agreements which apply to
specific units other than that represented by the Association.
Fire MEG District
6 /G J60
Dated Dated
L11artwig Dep Fire Chief Jack Lam, i anager
Dave Berry, Battalio Chief John R. Gillison, Deputy City Manager/
Administrative Services
Approved by action of the Board of Directors the _ day of 2009.
Resolution No. FD 09-017— Page 36 of 36