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HomeMy WebLinkAbout11-013 - Resolutions RESOLUTION NO. FD 11-013 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 SUPPORT SERVICES EMPLOYEE GROUP RELATIVE TO WAGES, BENEFITS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD 2011-2013. A. RECITALS Representatives of the Rancho Cucamonga Fire Protection District (District) and the Fire Support Services 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 Support Services Employee Group have agreed upon and present to this Board a Memorandum of Understanding pertaining to the Fire Support Services 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 Support Services Employee Group representatives for the period July 1, 2011 through June 30, 2013 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 lormal adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 18`h day of May 2011. AYES: Alexander, Buquet, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None . 0 L. Dennis Michael,President ATTEST: anice C. Reynolds, SecrOtary 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 18th day of May 2011. Executed this 19th day of May 2011 at Rancho Cucamonga, California. C � , 64 nice C. Reynolds, Sec tary Resolution No. FD 11-013 - Page 2 of 38 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND FIRE SUPPORT SERVICES ASSOCIATION 2011-2013 Resolution No. FD 11-013 - Page 3 of 38 TABLE OF CONTENTS Page PREAMBLE..................................................................................................................... 1 ARTICLEI RECOGNITION............................................................................................. 1 ARTICLE II COMPENSATION ........................................................................................ 1 § 1 Salary Ranges.................................................................................................. 1 A. Survey Cities ................................................................................................ 1 § 2 Salary Plan.......................................................................................................2 A. Cost of Living Adiustment.............................................................................2 B. Ranges ......................................................................................................... 2 C. Standby Pay.................................................................................................4 D. Bi-Lingual Pay .............................................................................................. 5 § 3 Work Periods and Overtime............................................................................. 5 A. Work Periods................................................................................................ 5 B. Work Shifts................................................................................................... 5 C. Flex Time...................................................................................................... 5 D. Overtime Pa v................................................................................................ 6 E. Call Back ...................................................................................................... 6 F. 4/10 Schedule .............................................................................................. 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............................................................... .............................. 7 E. Long Term Disability..................................................................................... 8 § 6 Tuition Reimbursement.,.................................................. .... .. .. .. .. ............ 8 § 7 Retirement Plan ............................................................................................... 9 A. Benefits ........................................................................................................ 9 B. Conversion - Support Services.....................................................................9 § 8 Work Related Injuries..................................................................................... 10 § 9 Carpooling...................................................................................................... 10 § 10 IRS 125 Plan................................................................................................ 11 § 11 Voluntary Employee Benefit Association ..................................................... 11 ARTICLE III LEAVES .................................................................................................... 12 § 1 Holidays ......................................................................................................... 12 § 2 Holiday Facility Closure.................................................................................. 13 § 3 Vacation Leave .............................................................................................. 13 Fire Support MOU 2077-2013.doc Resolution No. FD 11-013 - Page 4 of 38 § 4 Sick Leave...................................................................................................... 14 A. Full Time Employees.................................................................................. 14 § 5 Personal Leave .............................................................................................. 16 § 6 Bereavement Leave....................................................................................... 16 A. 40-hour Personnel...................................................................................... 16 § 7 Compensatory Time....................................................................................... 17 § 8 Military Leave................................................................................................. 17 § 9 Jury Duty........................................................................................................ 18 § 10 40 Hours of Vacation Buy-Back ................................................................... 18 § 11 Civil Subpoena/Criminal Subpoena ............................................................. 18 A. Civil Subpoena ........................................................................................... 18 B. Criminal Subpoena..,..........................I....................................................... 19 § 12 Leaves of Absence without Pay................................................................... 19 § 13 Leaves of Absence without Pay................................................................... 19 A. Natal and Adoption Leave without Pay............................ ............... . 19 B. Natal and Adoption Leave with Pay............................................................ 20 § 14 Classification of Emergency Medical Services Administrator, Fire Marshal and Management Analyst II .................................................................................. 20 ARTICLE IV GRIEVANCE PROCEDURE..................................................................... 20 § 1 Purpose..........................................................................................................20 § 2 Objectives ......................................................................................................20 § 3 General Provisions......................................................................................... 21 § 4 Informal Grievance Procedure ....................................................................... 21 § 5 Formal Grievance Procedure ......................................................................... 22 A. Step I .......................................................................................................... 22 B. Step II .........................................................................................................22 C. Step III ........................................................................................................22 D. Step IV........................................................................................................23 ARTICLE V DISCIPLINARY APPEAL........................................................................... 24 § 1 Purpose..........................................................................................................24 § 2 General Provisions.........................................................................................25 § 3 Pre-Disciplinary Notice................................................................................... 25 § 4 Hearing Officer Appeal................................................................................... 26 § 5 CEO Decision................................................................................................. 28 ARTICLE VI SAFETY....................................................................................................29 Fire Support MOU 2077-2013.doc Resolution No. FID 11-013 - Page 5 of 38 § 1 Compliance .................................................................................................... 29 § 2 No Discrimination ........................................................................................... 29 § 3 Safety Equipment...........................................................................................29 § 4 Employee Responsibility................................................................................29 § 5 Smoking Policy............................................................................................... 29 ARTICLE VII MANAGEMENT RIGHTS ........................................................................ 29 § 1 Scope of Rights.............................................................................................. 29 § 2 Emergency Conditions................................................................................... 30 ARTICLE VIII EMPLOYEE RIGHTS ............................................................................. 30 § 1 Scope of Rights.............................................................................................. 30 ARTICLE IX MAINTENANCE OF BENEFITS ............................................................... 31 ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS........................................ 31 ARTICLE XI PROVISIONS OF LAW ............................................................................ 31 ARTICLE XII TERM....................................................................................................... 31 ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU ................................................ 31 ARTICLE XIV PARITY PROVISION ............................................................................. 31 Fire Support MOU 2011-2013,doc Resolution No. FD 11-013 - Page 6 of 38 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 Fire Support Services Association ("Association" hereinafter). The terms and conditions contained in this MOU are applicable to all full-time employees within this unit and contain the complete results of negotiations concerning wages, hours and other terms and conditions of employment for said employees represented herein. ARTICLE I RECOGNITION Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Association as the exclusive recognized employee organization for the representation unit, which includes all employees of District specified in Exhibit A attached hereto, who are employed on a full-time basis. One or more classifications set forth in Exhibit A have been formerly in the unit represented by the Rancho Cucamonga Fire Protection District Fire Management Employees Organization. It was not the intent of the District or the employees ("affected employees") whose classifications are now within the unit represented by the Support Services Association that such realignment would result in a diminishing of compensation. Therefore, to the extent, if any, that a present District employee occupying the affected classification(s) at the time of District adoption of this MOU, and at the time of its transfer to the Support Services Association unit, incurred a decrease in compensation as a result of said transfer, the employee shall have said compensation restored retroactive to the pay period during which time said benefit decreased. The benefit shall thereafter continue prospectively unless or until modified pursuant to the meet and confer process engaged in by representatives of the District and the Fire Support Services Association or as may be otherwise be provided by law. This provision does not prohibit a future change in the compensation of the affected individuals. Eligibility for this restoration of benefit is conditioned upon the affected employees being employed by the District on the date that the District approves the fiscal year 2004- 2006 Memorandum of Understanding. No interest shall be paid on retroactive amounts, and no damages are to be borne by the District and none shall be sought by any affected employee. ARTICLE II COMPENSATION § 1 Salary Ranges A. SurveV Cities: 1. Association and District agree the survey cities shall be Fullerton, West Covina, Corona, Ontario, Orange, Riverside, San Bernardino City and Upland. January 1ST of each year, a survey of the identified labor market cities will be completed, reviewed by the Association and District, and used as the comparison basis for any negotiations regarding market equity adjustment. 1 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 7 of 38 § 2 Salary Plan A. Cost of Living Adjustment There shall be no cost of living adjustment (0%) for the term of this agreement. B. Ranges The base salary ranges for all classes in the bargaining unit 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. 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 he or she was on leave. d. If, in the supervisor's judgment, the employee's performance does not justify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase, the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee 2 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 8 of 38 shall receive a supplemental payment compensating him or her for the additional salary he or she would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any 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. 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. 3 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 9 of 38 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. 7. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he or she was receiving upon layoff. 8. Salary on Rehire Upon rehire, an employee shall be placed at such salary step as may be recommended by the supervisor and approved by the Fire Chief. The employee's merit salary review date shall be based on the date of rehire. 9. Acting Pay Acting pay shall be one (1) step, approximately five percent (5%), above the affected employee's base salary rate. When the work schedule or assigned duties are extremely different, the Fire Chief may approve acting pay which is greater than 5%. To receive acting pay the employee must: a. Be formally assigned duties appropriate to the higher class. b. Work in the higher class at least fifteen (15) consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. C. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond fifteen (15) consecutive work days or five (5) shifts, the described five percent (5%) acting pay shall commence being earned from the first day/shift of the acting assignment. 10. Salary on Change in 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. C. Standby Pay "Subject to the rotation provisions below, the Fire Equipment Mechanic and Fire Shop Supervisor shall, unless relieved of such duty by a supervisor, be in a 'stand-by' status whenever not performing duties during scheduled hours. 'Stand-by' means that Fire Equipment Mechanics and Fire Shop Supervisor shall be required to respond to their designated work site(s) within one (1) hour of being advised by telephone, pager, or other means, that their services are required. 4 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 10 of 38 In order to provide flexibility to the affected employees in order that an individual employee can conduct personal business other than during scheduled hours of work, the District shall at its expense, provide each affected employee with a cell phone, pager, and/or other means of communication whereby the necessity to respond to the work site(s) can be communicated to the affected employee. Each affected employee shall be required to maintain such communication device in a functioning status, and shall carry such device in such manner that District-initiated communications shall be received when transmitted. It is the goal of the District to provide for a stand-by rotation among affected employees, resulting in a requirement that each affected employee be in a stand-by status for not more than seven (7) consecutive calendar days without relief of such status for at least seven (7) consecutive calendar days. However, the parties recognize that needs of the District, injury, illness or other events may result in a District requirement that any given affected employee be maintained in a stand-by status for greater than a seven (7) consecutive calendar day period of time. Each affected employee in a designated stand-by status for seven (7) consecutive calendar days, shall receive additional compensation in the amount of two hundred fifty ($250) dollars for each seven (7) calendar day period of time in a stand-by mode. D. Bi-Linqual Pay Employees who qualify for bi-lingual pay will be provided said pay at$50.00 per month. Eligibility exams will be provided and administered by the Human Resources Department. Bi-lingual pay applies to the top 5 recognized languages from the most recent Census. . & 3 Work Periods and Overtime A. Work Periods The work period for forty (40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40) hours in the work period. B. Work Shifts 1. All twenty-four(24) hour work shifts begin at 0800 and end at 0800 the following day, twenty-four (24) hours thereafter. 2. Ten (10) hour work shifts begin at 0700 and end at 1800. C. Flex Time 1 . The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the service or desires of the concerned employee(s) (see item 3). 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half (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. 5 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 11 of 38 3. Employees may request schedule changes to address personal interests. Whenever possible such requests will be accommodated, provided however, that needs of the service as determined by the District will take precedence over employee preferences. 4. The Districtwill not effect schedule changes but for good and sufficient cause. D. Overtime Pay 1. The rate of pay for overtime hours worked shall be at the rate of time and one-half (1.5) the regular rate of pay, for those employees eligible for overtime. 2. For purposes of computing overtime pay under the Fair Labor Standards Act, military leave shall be the only leave of absence not considered hours worked. 3. For the purpose of this section, work time shall not include traveling to or from the normal work site. 4. 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 for any hours worked, with a minimum of two (2) hours pay for each emergency recall. Employees required to work more than fifteen (15) minutes shall be compensated for a minimum of one (1) hour; any time worked over one (1) hour will be paid in one-half hour increments. (fifteen (15) minutes work shall constitute one-half hour). For purposes of this section, work time shall not include time spent in traveling to and from the work site. 5. 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. E. Call Back A 'call back' occurs when following the employee having left the work site for at least one (1) hour after conclusion of the employee's scheduled hours of work, the employee is then advised by District management that he/she shall return to the work site. In such case of a 'call back', the affected employee (including those who are formally on stand-by such as Fire Equipment Mechanic shall be compensated in an amount not less than two (2) hours at 1.5 times the employee's unadjusted base rate of pay, or the actual number of hours for which services are performed (also at the rate of 1.5 times the employee's unadjusted base rate of pay), whichever amount is greater. Computation of premium hours worked shall commence upon the employee commencing travel to the work site and shall conclude upon termination of the call back assignment. F. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a one-half hour lunch and arriving at work one-half hour late or leaving work one-half hour early. 6 Fite Support MOU 2011-2013 Resolution No. FD 11-013 - Page 12 of 38 § 4 Uniform Allowance A. The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his or her starting date. Uniformed members must buy their own Class A uniforms at the completion of probation. B. The Districtwill provide for the purchase of uniform articles as specified in the Districts rules and regulations, to a maximum of $500.00 per eligible employee per year. § 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 provides fully paid employee and family health insurance for all full time continuous and retired employees who were hired before November 17, 1994. 3. Districtwill 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, shall be responsible for paying their premiums for medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement. 5. Cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees' dependents, may be provided to those employees that can verify that their spouse and/or family can provide full health insurance. Selection of compensation shall be at the employee's discretion. The employee may reenter the Districts health plan at any time. B. Dental Insurance District shall continue to provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance District shall provide fully paid vision care coverage for all full time continuous employees. D. Life Insurance Full time unit employees shall be provided a term life insurance policy of $50,000, paid by District. 7 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 13 of 38 E. Long Term Disability District agrees to provide to unit members a long term disability insurance plan provided by the same carrier utilized by the City of Rancho Cucamonga for its employees, containing the features described in the proposal to District attached hereto as Exhibit B, effective the first day of the first full pay period commencing after February 5, 1997. § 6 Tuition Reimbursement Effective July 1 , 2001, (July 1 through and including the following June 30) reimbursements by the District of the following enumerated college and/or university course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during any fiscal year. Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal year, shall be contingent upon a determination by the Fire Chief or his designee that all of the following conditions precedents exist: 1. Expenses shall be incurred as regards coursework undertaken at: a. A college or university that is licensed/accredited by the State of California. b. Certification Tracks authorized and approved by the California State Fire Marshal, i.e. Fire Instructor (all tracks), Fire Investigator(all tracks), Fire Marshal, Fire Mechanic (all tracks), Fire Prevention Officer, Fire Protection Specialist, Plans Examiner and Public Education Officer I. C. California Fire Chiefs Association Professional Recognition and Career Development Guide Level One and Level Two. d. International Code Council classes e. Microsoft Office Specialist certification 2. The applicant for reimbursement shall present to the Fire Chief or his designee documentation prepared by the accredited/licensed college or university which evidences the applicant's receipt of a grade of"C" or better(or a "pass" in a pass/fail class) as regards each class for which reimbursement is sought. Where an employee is simultaneously enrolled in multiple approved classes and does not receive a "C" or"pass" in any one or more of such classes, the amount of expenses subject to District reimbursement shall be reduced and/or as appropriate, pro-rated to reflect no reimbursement being made for expenses related to classes where the minimal grade was not received. 3. Eligibility for reimbursement for said expenses shall be confined to either: 1.) those courses that in and of themselves consist of curriculum which is predominantly related to the development of skills reasonably anticipated by the District to enhance the applicant's job performance (by means of a non-inclusive example only, art classes would not qualify for reimbursement); or 2.) where the employee has declared a major which is job related as set forth in Section 3(1), to those classes which must be completed as a condition precedent to successful completion of the course of study in the selected major. 8 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 14 of 38 4. Eligibility for reimbursement upon completion of coursework shall be predicated upon the Fire Chief or his designee making a written determination prior to the affected employee's enrollment in the course(s) for which reimbursement is later sought, that the coursework is offered by an accredited college or university and that the above- described job nexus does exist. The determination of the Fire Chief or his designee in such regards, shall be final. The costs which shall be subject to reimbursement are limited to the following: 1) tuition, 2) books, 3) supplies, 4) parking and 5) laboratory. In addition to all other conditions precedent to reimbursement set forth in this section, prior to reimbursement being approved, written receipts shall be provided to the Fire Chief or designee and shall evidence each expenditure for which reimbursement is sought. § 7 Retirement Plan A. Benefits District is enrolled in the State of California Public Employee's Retirement System. Benefits are summarized below: Employees Hired Before 7/9/11 Employees Hired on or After 7/9/11 § 21354.4 2.5% at 55 Full Formula § 21354 2% @ 55 Full Formula § 21574 4th Level 1959 Survivor § 21574 4th Level 1959 Survivor § 20042 1 Yr Final Compensation § 20037 3 Yr Final Compensation City pays 8 % normal PERS member City pays 6% normal PERS member contributions by resolution contributions; employee pays 1% by resolution. City shall adopt a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: Sec. 20691 Employer Payment of Member Contributions (based on hire date) Sec. 20636 (c) (4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation Sec. 20965 Credit for Unused Sick Leave (non-PERS) Supplemental Benefit through PARS Phase II Retirement System B. Conversion - Support Services In the last year of employment before retirement, employees are eligible to convert Districts contribution on behalf of the employee's account, to salary. The employee is responsible to pay the employee's portion of the PERS contribution through a 9 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 15 of 38 payroll deduction. Additionally, the contribution made on behalf of the employee for health benefits may be converted to salary. It will be the employee's responsibility to pay to District the cost of the employee health coverage through payroll deduction, as long as it is allowed by PERS. Note: It has come to the attention of the parties during the negotiation of this MOU that there may exist a discrepancy between the language of this MOU, above, and the District's existing contract with CalPERS. The parties' respective decisions to enter into the MOU with knowledge of the above potential discrepancy is not evidence of any fact, issue, claim, or defense and shall not be construed by either party as a waiver of any of its rights, entitlements, obligations, claims or defenses. The parties wish to enter into the MOU despite the identification of the potential discrepancy, above, in the interest of labor relations and intend during the term of this agreement to attempt to resolve the issues associated with the discrepancy, if possible. § 8 Work Related Injuries All management and non-management, non-safety and safety District employees are entitled to full salary and benefits when they sustain an on-the-job work related injury for up to one (1) year (see California Labor Code Section 4850 for provisions). Although Section 4850 covers only safety personnel, District is extending this same benefit to non-safety employees. Temporary disability payments received during any injury period shall be returned to District. Notwithstanding the foregoing, non-safety Association 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 Section 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 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, full time employee shall ride share with another person(s) in a car or vanpool. 2. In the alternative, each affected regular, 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, 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. 10 Fire Support MOU 2077-2013 Resolution No. FD 11-013 - Page 16 of 38 Individuals meeting the above qualifications shall earn $2.60 for everyday that the employee ride shares, paid at the end of each quarter. § 10 IRS 125 Plan The City has established a Section 125 flexible spending account plan managed by a third party administrator that is open to voluntary participation of members in the bargaining unit. Effective with the new plan year, January 1, 2011, the City agrees to pick up all administrative fees associated with maintaining this program for bargaining unit members (including but not limited to debit card fees). § 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. Employees are allowed a one time election to opt into the plan. Represented employees shall be eligible to participate in the plan according to the following schedule: Mandatory Employee Contributions: 1. Employees with 0-4 years of CalPERS Service • Bi-weekly payroll contribution- $25.00 • Upon Separation From Employment — 100% of cash value of accumulated vacation and eligible sick leave 2. Employees with 5-9 years of CalPERS Service • Bi-weekly payroll contribution - $25.00 • Upon Separation From Employment — 100% of cash value of accumulated vacation and eligible sick leave 3. Employees with 10-14 years of CalPERS Service • Bi-weekly payroll contribution - $25.00 • Upon Separation of Employment — 100% Of cash value of accumulated vacation and eligible sick leave 4. Employees with 15-19 years of CalPERS Service • Bi-weekly payroll contribution - $50.00 • Upon Separation of Employment — 100% Of cash value of accumulated vacation and eligible sick leave 5. Employees with 20-24 years of CaIPERS Service Hired Prior to 1994 • Bi-weekly payroll contribution - $50.00 • Upon Separation of Employment — 100% of cash value of accumulated vacation and eligible sick leave. 11 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 17 of 38 6. Employees with 20-24 years of CalPERS Service Hired After1994 • Bi-weekly payroll contribution — $150.00 • Upon Separation of Employment — 100% Of cash value of accumulated vacation and eligible sick leave Contributions to the Plan shall be made as District contributions through a salary reduction arrangement. All contributions made on behalf of employees through such salary reduction arrangement 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 Fire Support Services Association, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. 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 (1st 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) discretionary (floating) days may be taken by an employee at his or her convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3) floating holidays shall be credited to the employee at the start of pay period No. 1 of each 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. B. Employees shall accrue holiday time as follows: Type of Per Maximum Accrual Holiday Annually Personnel 40 Hour Personnel 10 hours 140 hours 180 hours 12 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 18 of 38 C. No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by District. D. Effective pay period No. 1 of each year (which normally occurs mid to late December of each year), holiday time shall be accrued by the employees within the pay period in which it occurs. 1 . District will buy back all or part of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30`h specifying holiday balance and exercising the option to sell back. 2. Holidays may be used as scheduled time off with the approval of the supervisor. E. District employees will be advised, in writing, within the pay period prior to the time that maximum holiday accrual is reached or that they are approaching their maximum accrual. F. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his or her vacation or sick leave. G. Employees who are assigned to work on a holiday are eligible for pay at time and one-half for working that day. This time and one-half may be taken as compensation or put in a compensatory time off bank. Compensation shall be determined by adding the employee's normal work schedule hours times the base rate of pay compensation for the holiday, plus compensation at time and one-half for hours actually worked. Payment at time and one-half abrogates the employee's right to that holiday. Exempt employees shall only be permitted to bank the holiday at time and one-half. § 2 Holiday Facility Closure Certain City Facilities shall close for three days during the period December 26, 2011 through January 2, 2012. In addition to the regular scheduled City holiday of December 26, 2011, City Hall and the City Yard shall close December 27, 28 and 29. Closure dates for the Libraries, the Cultural Center and other Community Services 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 employees may take paid leave from holiday, management leave, compensatory time or vacation accruals; however, unpaid leave may only be taken from furlough hours. § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. 13 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 19 of 38 B. Effective July 1, 2008, 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 C. An employee who, as of July 1 of any given year, has completed 10, 15, 20 or 25 years of service shall receive a onetime credit of 10 hours, if a 40 hour employee. The employee shall, beginning the 11th, 16`h, 21st and 25th year, accrue vacation at the appropriate pay period accrual rate. D. 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. E. 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. § 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. Sick leave is that amount of leave designated by District. 2. All employees shall be entitled to sick leave as follows: Personnel Monthly Annual Max. Accrual Accrual 40 hr Personnel 10 hours 120 hours No limit 3. Sick leave with pay may be used for: a. Any bona fide illness or injury. 14 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 20 of 38 b. Quarantine due to exposure to contagious disease. c. Any treatment or examination included to, but not limited to, medical, dental, eye, or psychiatric examinations. d. Not more than twelve (12) days for 40-hour employees 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. Sick leave shall not be used in lieu of or in addition to vacation. D. The Fire Chief reserves the right to require evidence in the form of a physician's certificate whenever an employee is absent and requests sick leave for the period of absence, excepting personal leave (see Section 5). E. Any employee absent from work due to illness or accident, may at the discretion of the Fire Chief, be required to submit to a physical examination before returning to active duty. Such physical examination shall be performed by a physician specified by District and shall be at District expense. F. Termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or 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 . Employees who, in the preceding calendar year, accrued 90 to 120 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 accrued 60 to 90 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. 15 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 21 of 38 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 Personal Leave A. The employee shall be granted one (1) day paid personal leave to attend the funeral of a close relative not in the employee's immediate family. B. An employee required to appear before a court for other than subpoenas due to actions as a District employee or jury duty will receive the necessary time as paid personal leave, providing: 1. He or she notifies his or her supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 2. The employee must return to duty within a reasonable time after the appearance. C. Personal leave will be charged against anytime the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. § 6 Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted five (5) days paid bereavement leave. Immediate family is defined as: Spouse, parents, grandparents, children, grandchildren, brother, sister, stepparents, stepchildren, step grandchildren, and the employee's mother-in law, father-in- law, grandparents-in law, brother-in-law, sister-in-law, or a blood relative residing with the employee. 16 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 22 of 38 § 7 Compensatory Time A. FLSA exempt Management employees may earn compensatory time on a basis of one (1) hour worked equals one (1) hour of compensatory time. Compensatory time will not be granted for attendance at any regularly scheduled meetings of the Board of Directors, or any District Committee nor will 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. 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. D. The earning and accrual of compensatory time requires the approval of the employee's supervisor. § 8 Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with Districtwhile engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year prior to this leave. Any employee with less than one (1) years service must use accrued annual leave or compensatory time if he or she wishes to receive normal pay. C. Employees who are called or volunteer for service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement, the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to them had they remained for that period of time with the District. E. An employee who was in a probationary period at the time of military leave shall, upon return, complete the remaining portion of the probationary period according to the then present rules. F. An employee promoted to fill a vacancy created by a person serving in the armed forces shall hold such position subject to the return of the veteran. The employee affected by the return shall be restored to his or her former position or one of a similar nature while the returning employee resumes the position he or she previously held. 17 Fire Suppon MOU 2011-2013 Resolution No. FD 11-013 - Page 23 of 38 § 9 Jury Duty A. Any member of District who is called or required to serve as a trial juror may be absent from duty with District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive normal pay, provided he or she: 1. Notifies his or her supervisor, in advance, with adequate time remaining so that a relief may be obtained. 2. Returned to duty within a reasonable time after being released with a signed certificate of service from the court stipulating the hours of service and release time. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. 3. Pay received for service while absent from District must be turned over to District; however, pay received while off duty may be kept by the employee. 4. All personnel called for jury duty must abide by all of the above rules and must return to work if dismissed before the end of their regular work shift. § 10 40 Hours of Vacation Buy-Back The District agrees to buy back up to the value of 40 hours of vacation leave annually in November. Employees must maintain a minimum of 80 hours of accrued vacation subsequent to any payment of vacation buy-back time. Employees who wish to buy back vacation must request payment and are eligible for 40 hours plus one 10 hour day. The vacation buy-back payment will be made in the first non-payroll week annually in November. Payment request must be submitted in writing one (1) week prior to the payment date. § 11 Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: 1. Personnel will be paid at their regular hourly rate while they are in court. 2. District transportation will be provided when available. If the employee uses his or her own transportation, he or she will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 18 Fire Support MOU 2077-2013 Resolution No. FD 11-013 - Page 24 of 38 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. § 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 of that employee. C. Leave of absence without pay granted by the Board shall not be construed as a break in service or employment. During these periods, vacation, holiday, or sick leave credits shall not accrue. An employee reinstated after a leave of absence without pay shall receive the same step in the salary range received when he or she began the leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range. For purposes of this section, the employee's merit increase eligibility date shall be adjusted to the date of reinstatement. D. An employee on an approved leave of absence without pay may continue medical insurance coverage by paying the full cost to District, in advance, for each month, or portion thereof, of which he or she is absent. § 13 Leaves of Absence without Pav A. Natal and Adoption Leave without Pay The District shall provide employees up to four months natal and adoption leave for the birth or adoption of a child; such leave shall be pursuant to the provisions of the California Pregnancy Disability Act ("PDA"; California Government Code section 12945), if applicable. The District's PDA policy is incorporated herein by reference. Employees on this leave of absence without pay beyond the four-month period will be responsible for the payment of medical, dental and optical premiums to keep the coverage in force during the leave of absence. 19 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 25 of 38 B. Natal and Adoption Leave with Pay Employees are granted up to 2 days natal and adoption leave with pay for the birth or adoption of a child. Any paid time required beyond this initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. § 14 Classification of Emergency Medical Services Administrator, Fire Marshal and Management Analyst II Within the unit represented by the Association are the classification of Emergency Medical Services Administrator, Fire Marshal and Management Analyst II. Those classifications shall be provided management leave in the amount of fifty(50) hours per calendar year, which shall be credited to the employee at the start of pay period No. 1 of each calendar year. Unused management leave in an amount not to exceed forty (40) hours, may be converted to cash at the employees then existing hourly rate, during the last payroll period commencing in December of each calendar year. Management leave not utilized nor cashed out, shall not be carried over to any subsequent years. In addition, these classifications shall receive two (2) percent of monthly unadjusted base salary as a deferred compensation contribution to be paid by the District. 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. 20 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 26 of 38 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. § 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 21 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 27 of 38 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. 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. 22 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 28 of 38 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 bythe 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 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 23 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 29 of 38 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 (10`h) 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 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 subject to review pursuant to either this MOU or any other District rules, policies and regulations. Further, 24 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 30 of 38 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 a hearing officer nor the CEO shall have authority to determine if a matter is within the definition of a disciplinable appeal and/or is timely filed or otherwise administratively prosecuted in a timely manner. § 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. 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 25 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 31 of 38 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 as such by§ 1 above and/or is not timely filed or otherwise administratively prosecuted in a timely manner, the Fire Chief or designee shall advise the employee that the matter is not appealable and the appeal shall proceed no further unless or until on application by the employee, a judgment is entered at the trial court level, indicative of the matter being jurisdictionally appealable pursuant to the definitions set forth in § 1 above and/or pursuant to requirements of timeliness. § 4 Hearing Officer Appeal A. This Step III 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 26 Fire Support MOU 2077-2013 Resolution No. FD 11-013 - Page 32 of 38 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 attendantto 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 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. 27 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 33 of 38 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. C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive Officer shall render a final determination either sustaining, modifying or rejecting the hearing officer's recommendation. The Chief Executive Officer's decision shall be submitted to the parties in writing and shall be final upon service being made by mail. D. Allowable judicial review of the Chief Executive Officer's decision shall be sought within the time constraints of CCP § 1094.6 (mandating that a petition for peremptory writ of mandate shall be filed not later than the ninetieth day following the date on which the Chief Executive Officer's decision is mailed by first-class mail, postage pre- paid, including a copy of the affidavit or certificate of mailing). 28 Fire Support MOU 2077-2013 Resolution No. FD 11-013 - Page 34 of 38 ARTICLE VI SAFETY § 1 Compliance District and employees in Association shall conform to and comply with all health, safety, and sanitation requirements imposed by District, state or federal law or regulations adopted under state or federal law. § 2 No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of 1 of this Article V. § 3 Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to ensure the safety of the employee or others, District agrees to furnish such equipment or gear. § 4 Employee Responsibility In the course of performing their normally assigned work, employees will be alert to observe unsafe practices, equipment, and conditions; as well as environmental conditions in their immediate area which represent health hazards and will report such conditions to their immediate supervisor. All employees shall make certain that all power machinery is equipped with safety devices properly installed and in working condition and that co-workers use utmost care in the handling of tools and equipment. Employees shall report all accidents immediately to their immediate supervisors. Reports shall be submitted on forms provided by District. § 5 Smoking Policy Members of Association agree to accept and comply with the Districts Smoking Policy as written and approved by the Fire 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 Districts mission; D. To direct the working forces; 29 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 35 of 38 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 EMPLOYEE RIGHTS § 1 Scope of Rights All employees shall have the following rights which may be exercised in accordance with State Law, applicable ordinances, rules and regulations: (a) The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. (b) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal on the part of an appointing authority, supervisor, other employees, or employee organizations as a result of their exercise of rights granted in this Article. The provisions of Section 3500 et seq. of the Government Code are herby incorporated as such provisions may apply to employees within the Support Services Association. 30 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 36 of 38 ARTICLE IX MAINTENANCE OF BENEFITS All wages, hours and terms and conditions of employment specifically provided for in this memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. ARTICLE X 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 XI PROVISIONS OF LAW It is understood and agreed that this MOU and employees are subject to all current and future applicable Federal and State laws and regulations and the current provisions of District law. If any part or provisions of this MOU is in conflict or inconsistent with such applicable provisions of those Federal, State, or District enactments or is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. If any substantive part or provision of this MOU is suspended or superseded, the parties agree to re-open negotiations regarding the suspended or superseded part or provisions with the understanding that the total compensation to employees under this MOU shall not be reduced or increased as result of this Article. District and Association recognize that under this MOU and in personnel matters not covered in this contract, the current District Personnel Rules as amended and effective shall apply. The Personnel Rules applicable to the Association shall not be changed for the duration of this Agreement. ARTICLE XII TERM The term of this MOU shall commence on July 1, 2011 and will continue for a two year period, ending on June 30, 2013, ARTICLE XIII 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 order to facilitate the parties' goal of expeditiously completing the meet and confer process on or before June 30, 2013, the parties shall exchange written meet and confer proposals not later than January 31, 2013. ARTICLE XIV 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 be made applicable to the unit represented 31 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 37 of 38 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. Association District Dated Dated Kelley Donaldson Mike Bell Representative Fire Chief Michelle Seckler John R. Gillison Representative Assistant City Manager Approved by action of the Board of Directors the day of 2011 32 Fire Support MOU 2011-2013 Resolution No. FD 11-013 - Page 38 of 38