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Home My WebLink About11-009 - Resolutions RESOLUTION NO. FD 11-009 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND THE FIRE MANAGEMENT EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD 2011-14 A. RECITALS Representatives of the Rancho Cucamonga Fire Protection District ("District': hereinafter) and the Fire Management Employee Group 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 the Fire Management Employee Group have agreed upon and present to this Board a Memorandum of Understanding pertaining to the Fire Management Employee Group effective, July 1, 2011 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 Employee Group representatives for the period July 1, 2011 through June 30, 2014 effective July 1, 2011 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 PASSED, APPROVED, AND ADOPTED this 20'" day of April 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None L. Dennis Michael, Pre dent ATTEST: A . Ja ice C. Reynolds, ecretary U' 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 20'' day of April 2011. Executed this 21St day of April 2011 at Rancho Cucamonga, California. Ja ice C. Reynolds, Secretary If Resolution No. FD 11-009— Page 2 of 33 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2011-2014 Resolution No. FD 11-009 — Page 3 of 33 TABLE OF CONTENTS Page PREAMBLE..................................................................................................................... 1 ARTICLEI RECOGNITION............................................................................................. 1 ARTICLE II COMPENSATION .............................................................................I.......... 1 § 1 Salary Ranges................................................................................................... 1 § 2 Salary Plan........................................................................................................ 1 A. Salary Ranges.............................................................................................. 1 B. Deferred Compensation ...............................................................................4 § 3 Work Periods and Overtime.............................................................................. 5 A. Work Periods................................................................................................ 5 B. Work Shifts................................................................................................... 5 C. Flex Time...................................................................................................... 5 D. 4/10 Schedule ..............................................................................................6 E. Overtime Pay................................................................................................ 6 F. Call Back ...................................................................................................... 6 § 4 Uniform Allowance ............................................................................................ 7 § 5 Employee Group Insurance ..............................................................................7 A. Health Insurance ..........................................................................................7 B. Dental Insurance ..........................................................................................7 C. Vision Insurance........................................................................................... 7 D. Life Insurance............................................................................................... 8 § 6 Tuition Reimbursement..................................................................................... 8 § 7 Retirement Plan ................................................................................................ 9 A. Benefits ........................................................................................................ 9 § 8 Work Related Injuries........................................................................................ 9 § 9 Carpooling......................................................................................................... 9 § 10 IRS 125 Plan................................................................................................. 10 § 11 Voluntary Employee Benefit Association ...................................................... 10 ARTICLEIII LEAVES .................................................................................................... 11 § 1 Holidays .......................................................................................................... 11 § 2 Holiday Facility Closure................................................................................... 12 § 3 Vacation Leave ............................................................................................... 12 § 4 Sick Leave....................................................................................................... 14 A. Full-time Employees................................................................................... 14 § 5 Conversion Factor........................................................................................... 15 Resolution No. FD 11-009 — Page 4 of 33 § 6 Personal Leave ............................................................................................... 16 § 7 Bereavement Leave........................................................................................ 16 A. 40-hour Personnel...................................................................................... 16 B. Shift Personnel ........................................................................................... 16 C. Immediate family is defined as: .................................................................. 17 § 8 Compensatory Time........................................................................................ 17 § 9 Administrative Leave....................................................................................... 17 § 10 Military Leave................................................................................................ 17 § 11 Jury Duty....................................................................................................... 18 § 12 Civil Subpoena/Criminal Subpoena .............................................................. 18 A. Civil Subpoena ........................................................................................... 18 B. Criminal Subpoena..................................................................................... 19 § 13 Leaves of Absence without Pay.................................................................... 19 ARTICLE IV GRIEVANCE PROCEDURE..................................................................... 20 § 1 Purpose....................................................................................................... 20 § 2 Objectives.................................................................................................... 20 § 3 General Provisions ...................................................................................... 20 § 4 Informal Grievance Procedure .................................................................... 21 § 5 Formal Grievance Procedure ...................................................................... 21 A. Step I .......................................................................................................... 21 B. Step II ......................................................................................................... 21 C. Step III ........................................................................................................ 22 D. Step IV........................................................................................................ 22 ARTICLE V DISCIPLINE.............................................................................................. 24 ARTICLEVI SAFETY................................................................................................... 24 § 1 Compliance ..................................................................................................... 24 § 2 No Discrimination ............................................................................................ 24 § 3 Safety Equipment............................................................................................ 24 § 4 Employee Responsibility................................................................................. 24 § 5 Smoking Policy................................................................................................ 25 ARTICLE VII MANAGEMENT RIGHTS ....................................................................... 25 § 1 Scope of Rights ........................................................................................... 25 § 2 Emergency Conditions ................................................................................25 ARTICLE VIII MAINTENANCE OF BENEFITS ............................................................ 26 ii Resolution No. FD 11-009— Page 5 of 33 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS......................................26 ARTICLEX PROVISIONS OF LAW ............................................................................ 26 ARTICLE XI TERM....................................................................................................... 26 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU ................................................ 27 ARTICLE XIII PARITY PROVISION............................................................................. 27 Resolution No. FD 11-009 — Page 6 of 33 PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District("District' hereinafter), and the Rancho Cucamonga Fire 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. There shall be no cost of living Increase during the term of this MOU. 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 the salary schedule adopted by the District § 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) steps, labeled A through E, with approximately five percent (5%) between each step. Placement within the range shall be in accordance with the following: 1 Resolution No. FD 11-009 — Page 7 of 33 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 her for the 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 class. 2 Resolution No. FD 11-009— Page 8 of 33 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. 3 Resolution No. FD 11-009— Page 9 of 33 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. 11 . Training Officer Assignment Pay When assigned on a 40 hour schedule as the Department Training Officer, the Battalion Chief shall receive additional compensation calculated as 5.26% of Step E of the 40 hour Battalion Chief salary. This compensation shall be in addition to the regular compensation paid to the employee. 12. Bi-Linqual Compensation Bargaining Unit members who qualify for bi-lingual pay shall be compensated at the rate of seventy-five dollars ($75.00) per month. Employees must pass an examination demonstrating their proficiency in the Spanish, Chinese or Korean languages. 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 2% 4 Resolution No. FD 11-009 — Page 10 of 33 § 3 Work Periods and Overtime A. Work Periods 1. Employees assigned to 24 hour shifts shall work a Kelly Schedule that consists of a 24 day rotation pursuant to section 207 (k) of the Fair Labor Standards Act (FLSA) as follows: SUN MON TUES WED THURS FRI SAT On Off On Off I On I Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 1 2. The pay period for shift personnel is fourteen (14) days overtime is paid for time worked in excess of one hundred six (106) hours in the pay period. 3. The work period for forty (40) hour personnel is seven (7) days with overtime for non-exempt employees being time worked in excess of forty (40) hours in the period. B. Work Shifts 1 . All twenty-four(24) hour work shifts begin at 0800 and end at 0800 the following day. 2. Personnel assigned to a forty (40) hour schedule shall work Monday through Thursday from 0700 to 1800 (inclusive of paid breaks and an unpaid sixty (60) minute meal period. 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. 5 Resolution No. FD 11-009— Page 11 of 33 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. 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 forthe 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 Chief's 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) hour work 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 6 Resolution No. FD 11-009 — Page 12 of 33 be interpreted as requiring said minimum in the event of an extended workday 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. 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. 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 7 Resolution No. FD 11-009— Page 13 of 33 $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 $4,000 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 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. 1 . Associated costs: 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. s Resolution No. FD 11-009 — Page 14 of 33 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. Benefits provided through CalPERS include the following: Employees hired prior to July 9 2011 Employees hired on or after July 9 2011 § 21362.2 3% at 50 Full Formula § 21363.3 3% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation § 20037 3 Yr Final Compensation District pays 9 % normal PERS member District pays 8% normal PERS member contributions by resolution contributions; employee pays 1% by resolution. It is the intent of the District to adopt a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis. 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 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. 9 Resolution No. FD 11-009— Page 15 of 33 2. In the alternative, each affected regular and full time employee shall drive to and from work other than in an automobile. For example, such transportation may include a bicycle, public transportation, walking. 3. Eligibility for ride share benefits shall be conditioned upon 1)the regular and full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m., Monday through Thursday. Individuals meeting the above qualifications shall earn $2 for every day that the employee ride shares, paid at the end of each quarter. Further, the City is desirous of devising some type of "drawing" to provide a singular person on a monthly basis with an item of value in recognition of ride sharing. § 10 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. Voluntary Employee Benefit Association The City has established a Voluntary Employee Benefit Association (VEBA) through the California Government Voluntary Employee Benefit Association to assist employees with planning for future health care expenses. Represented employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to a schedule to be established as an addendum to this MOU. Contributions to the Plan shall be made as District contributions through a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS provisions. No employer contributions are to be made to the Plan. At the discretion of the Union, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. 10 Resolution No. FD 11-009— Page 16 of 33 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 11 Resolution No. FD 11-009— Page 17 of 33 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) for the number of hours actually worked that day. § 2 Holiday Facility Closure Certain City Facilities shall close for three days during the period 12/26/11 through 1/2/12. City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for other City facilities shall be determined by the City in order to balance the impact on public services with the need for cost savings. During this closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. 12 Resolution No. FD 11-009— Page 18 of 33 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 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 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. 13 Resolution No. FD 11-009 — Page 19 of 33 § 4 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: Personnel Monthly Annual Max. 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, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for40-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 14 Resolution No. FD 11-009— Page 20 of 33 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. I. Upon the retirement of an employee, the employee may elect from one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. Apply the cash value of up to one hundred per cent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. . § 5 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: Vacation 40 Hour 56 Hour Conversion 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 15 Resolution No. FD 11-009 — Page 21 of 33 Holiday 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick = 300 hours 472 total hours x 1 .5 (factor) = 708 hours total Note: If an employee goes from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. § 6 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: 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. § 7 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 16 Resolution No. FD 11-009— Page 22 of 33 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. § 8 Compensatory Time A. In lieu of overtime pay, those employees assigned to a fire suppression 24 hour shift, at the employee's option, may be compensated with compensatory time off (CTO). CTO will accrue at the rate of one and one half hours for each overtime hour worked. An employee may accumulate a maximum of 96 hours of CTO. Once an employee accumulates 96 hours of CTO, any additional overtime hours will be paid to the employee at his or her regular overtime rate of pay in the period earned. In addition, all hours remaining in a represented employee's CTO accrual "bank" will be paid to the employee at the employee's regular rate of pay at the end of the fiscal year and the balance in the CTO accounts will be reduced to zero hours. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. § 9 Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave annually as follows: Deputy Fire Chief.................75 hours Fire Chief............................. 100 hours Unused administrative leave, to a maximum of forty(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. § 10 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 17 Resolution No. FD 11-009 — Page 23 of 33 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. § 11 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. § 12 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. 18 Resolution No. FD 11-009— Page 24 of 33 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. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief, 4. A criminal subpoena need not have a court stamp affixed. § 13 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. 19 Resolution No. FD 11-009— Page 25 of 33 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. 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. 20 Resolution No. FD 11-009— Page 26 of 33 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. § 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 how the 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. 21 Resolution No. FD 11-009— Page 27 of 33 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. 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 22 Resolution No. FD 11-009— Page 28 of 33 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 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, 23 Resolution No. FD 11-009 — Page 29 of 33 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. 16. The conduct of the arbitration proceedings shall be governed by this MOU, and not by CCP § 1280 et seq. ARTICLE V DISCIPLINE District and Union have met and conferred and adopted a disciplinary procedure which amends District Personnel Rule XXIV. This procedure conforms with California Government Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights. 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 anyway 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 24 Resolution No. FD 11-009 — Page 30 of 33 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. 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; t. 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 maybe 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 25 Resolution No. FD 11-009— Page 31 of 33 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 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 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 run from July 1 , 2011 , through and including 11:59 p.m. on June 30, 2014. On or about February 1, 2013, either party may reopen negotiations with regard to salary and/or benefits, provided, however, there shall be no changes to any wages, hours and/or other terms and conditions of employment without the express written consent of both parties. In the event either party wishes to negotiate a successor MOU, that party shall serve upon the other its proposals on or before February 1, 2014, and negotiations shall commence on or about February 15, 2014. 26 Resolution No. FD 11-009 — Page 32 of 33 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU The parties agree that negotiation of a successor to this MOU shall commence not later than six (6) months prior to the MOU expiration date. It is further agreed that in orderto facilitate the parties' goal of expeditiously completing the meet and confer process on or before June 30, 2014, the parties shall exchange written meet and confer proposals not later than February 1 , 2014. 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 Dated Dated Donald Cloughesy, Battalion Chief Jack Lam, City Manager Mark Hartwig, Deputy Fire Chief John R. Gillison, Assistant City Manager Approved by action of the Board of Directors the day of . 2011. 27 Resolution No. FD 11-009 — Page 33 of 33