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HomeMy WebLinkAbout13-008 - Resolutions RESOLUTION NO. FD 13-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DISTRICT'S PERSONNEL RULES AND REGULATIONS WHEREAS, the Rancho Cucamonga Fire Protection District (District) has previously adopted Personnel Rules and Regulations by way of Resolution No. 1-10-77; and, WHEREAS, the District last amended said Personnel Rules and Regulations by way of Resolution No. FD 10-09; and, WHEREAS, the District has met and conferred with the Rancho Cucamonga Firefighters Association (Association) in order to develop language which provides for an eighteen (18) month probationary period for newly hired sworn firefighters and amends the performance evaluation process to accommodate the new probationary period; and, WHEREAS,the District and Association have agreed upon acceptable language and have signed the agreement; NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga Fire Protection District hereby amends the District Personnel Rules and Regulations as provided for in the attached agreements titled"Agreement Between Representatives of the Rancho Cucamonga Fire Protection District and the Ranch Cucamonga Firefighters Association, Local 2274 Amending District Personnel Rules and Regulations Section X, Probationary Period,"and titled "Agreement Between Representatives of the Rancho Cucamonga Fire Protection District and the Ranch Cucamonga Firefighters Association, Local 2274 Amending District Personnel Rules and Regulations Section XIII, Performance Evaluations." Please see the/allowing page for format adoption,certification and signatures PASSED, APPROVED, AND ADOPTED this 6' day of February 2013. AYES: Alexander, Michael, Spagnolo, Steinorth, Williams NOES: None ABSENT: None ABSTAINED: None ennis Michael, Presi lent ATTEST: i /f J nice C. Reynol a , Secre 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 6" day of February 2013. Executed this 7t" day of February 2013 at Rancho Cucamonga, California. J4qjce C. Reynold Secreta ry Resolution No. FD 13-008 - Page 2 of 9 / AGREEMENT BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION, LOCAL 2274 AMENDING DISTRICT PERSONNEL RULES AND REGULATIONS SECTION X, PROBATIONARY PERIOD. Representatives of the Rancho Cucamonga Fire Protection District (District) and the Rancho Cucamonga Firefighters' Association, Local 2274 (Association) have completed the Government Code §3500 et. seq. meet and confer process regarding modification of Section X PROBATIONARY PERIOD of the previously adopted Rancho Cucamonga Fire Protection District Personnel Rules and Regulations (Resolution FD07-033). The meet and confer process has resulted in an agreement by representatives of the District and Association to amend Section X of the Personnel Rules and Regulations. Enactment of the terms of this Agreement is subject to approval by the Board of Directors of the Rancho Cucamonga Fire Protection District. The terms of this Agreement shall become effective concurrent with adoption of this Agreement by the District Board of Directors. Any provisions in the District Personnel Rules and Regulations, Memorandum of Understanding (Article II of the 2011-14 MOU) and/or Department General Orders and Policies which are inconsistent with the terms of this Agreement, shall be considered null and void and superseded by the provisions of this Agreement. Representatives of the District and the Association acknowledge the following: • The one year probationary period for new hires commences upon the employee's hiring date. • All newly hired firefighters must attend a fire academy and/or participate in a designated Fire District orientation before being assigned as a regular firefighter on a regular shift. This is true of individuals who have never been employed as a firefighter previously and those individuals who are considered "lateral" firefighters from other agencies. • The duration of the fire academies and/or orientations can vary but generally consist of at least ten (10) weeks of training and testing. • After successfully completing the academy, the new hires are typically assigned to fire stations to serve under a number of supervisors who assess their progress over the remainder of the probationary period. • Both the District and the Association agree that the time spent by new hires working in fire stations with a crew on a regular shift is the best opportunity for supervisors to assess those new hires and draw conclusions as to the likely continued success of those individuals in the job. • Both the District and the Association conclude that by including the time new hires spend in the academy in the total probationary period, this does not give supervisors adequate time to assess the new hires when they begin working in stations on regular shifts. • The parties agree that the best resolution to this issue is to amend the District Personnel Rules and Regulations as established under Resolution #FD07-033 to provide for an eighteen (18) month probationary period for newly hired firefighters. This 18 month probationary period will apply to newly hired firefighters only. • All other new hires will continue to serve a one (1) year probationary period. Additionally, those individuals promoted to positions within the District shall continue to serve a one (1) year probationary period. • The revised probationary language in the previously adopted Rules and Regulations shall read as follows: Resolution No. FD 13-008 - Page 3 of 9 NOW THEREFORE, representatives of the District and Local 2274 agree to amend Section / X as follows: Section X. Probationary Period 1. Length of Probationary Period A. Newly hired appointees to the position of firefighter shall be placed on probation for a period of eighteen (18) months. The probationary period shall be extended in an amount of time equal to all absences of thirty (30) consecutive calendar days or greater during the eighteen (18) month period, by providing the employee with written notification of the extension prior to the expiration of the eighteen (18) month period. B. Newly hired appointees to a position other than firefighter shall be placed on probation for a period of twelve (12) months. The probationary period shall be extended in an amount of time equal to all absences of thirty (30) consecutive calendar days or greater during the twelve (12) month period, by providing the employee with written notification of the extension prior to the expiration of the original twelve (12) month period. C. District employees appointed to a promotional position shall be placed on probation for a period of twelve (12) months. The probationary period shall be extended in an amount of time equal to all absences of thirty (30) consecutive calendar days or greater during the twelve (12) month period, by providing the employee with written notification of the extension prior to the expiration of the original twelve (12) month period. D. The probationary period shall not include the time served under any temporary and/or acting/interim appointment, but shall date from the time of appointment to a permanent position. E. Newly hired appointees to an initial appointment with the District may be released from employment without cause during the twelve (12) or eighteen (18) month probationary period and without disclosing any reasons. An initial hire probationary appointee is an at-will employee who is subject to release without cause. Although a pre-existing District employee serving in a twelve (12) month probationary period in a promotional position is subject to rejection from that position without there being any showing of cause or right to appeal as to the issue of rejection, such an employee shall not be subject to disciplinary action as that term is defined in these Rules, without being afforded the procedural safeguards set forth in these Rules. 2. Extension of Probationary Period A. At the discretion of the Fire Chief, any employee serving a probationary period may, prior to the conclusion of such period, have his/her probationary period extended for a period of up to six (6) months. Resolution No. FD 13-008 - Page 4 of 9 IT IS AGREED: The Rancho Cucamonga Firefighters' Rancho Cucamonga Fire Protection Association, Local 2274 District Date ) ' Zol 2 13 Date Resolution No. FD 13-008- Page 5 of 9 AGREEMENT BETWEEN REPRESENTATIVES OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA FIREFIGHTERS' ASSOCIATION, LOCAL 2274 AMENDING DISTRICT PERSONNEL RULES AND REGULATIONS SECTION XIII, PERFORMANCE EVALUATIONS. Representatives of the Rancho Cucamonga Fire Protection District (District) and the Rancho Cucamonga Firefighters' Association, Local 2274 (Association) have completed the Government Code §3500 et. seq. meet and confer process regarding modification of Section XIII PERFORMANCE EVALUATIONS of the previously adopted Rancho Cucamonga Fire Protection District Personnel Rules and Regulations (Resolution FD07- 033). The meet and confer process has resulted in an agreement by representatives of the District and Association to amend Section XIII of the Personnel Rules and Regulations. Enactment of the terms of this Agreement is subject to approval by the Board of Directors of the Rancho Cucamonga Fire Protection District. The terms of this Agreement shall become effective concurrent with adoption of this Agreement by the District Board of Directors. Any provisions in the District Personnel Rules and Regulations, Memorandum of Understanding (Article II of the 2011-14 MOU) and/or Department General Orders and Policies which are inconsistent with the terms of this Agreement, shall be considered null and void and superseded by the provisions of this Agreement. NOW THEREFORE, representatives of the District and Local 2274 agree to amend Section XIII as follows: III. PROCEDURE A. General Guidelines 1. . Superyisors shall implement and maintain a system of documenting supervisor's observations for . the purpose of completing performance evaluations. Supervisors shall document observations of strengths and areas of improvement on a regular and periodic schedule, often enough so as to be accurate to who, when and what. 2. Employees have an expectation that supervisors will review the observations regularly. 3. Employees may request to review the supervisor's observations, but may not make copies or take notes from the supervisor's notes. 4. Supervisors shall dialog with employees on a regular and periodic schedule. There should be no surprises to the employee when reviewing a performance evaluation; strengths and areas of improvement should be reviewed with the employee in a dialog prior to the employee reading it on an evaluation form. 5. If a step increase is due and warranted, include the recommendation in the evaluations narrative. The Fire Chief will approve the recommendation based on the evaluation content. Resolution No. FD 13-008 - Page 6 of 9 6. If an employee successfully completes the standards of probation, include the recommendation in the evaluations narrative. The Fire Chief will approve the recommendation based on the evaluation content. 7. All evaluations that include any "below" expectations must include an "Employee Improvement Program". The first dialogue box on the Performance Evaluation Form is designed for necessary employee improvement programs. On the Monthly Firefighter Probationary Evaluation, there is a checkbox in the "Comments" section to be checked and the improvement program is to be attached to the evaluation form. 8. Where applicable, if in the supervisor's judgment, the employees' 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 employees' review date. If the period 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. B. Evaluation Process 1. Permanent Employees • All evaluations shall be initiated and completed by the employee's supervisor by the due date. • "Annual Performance Evaluations" will be due twelve (12) months from the annual review date and or the date of the last merit salary adjustment. • Evaluations that contain any "below" standard expectations will require a subsequent six (6) month evaluation dating from the employee's review date. 2. Promotional Probationary Employees • All evaluations shall be initiated and completed by the employee's supervisor by the due date. • A six (6) month performance evaluation, which is linked to a merit salary adjustment, shall be completed and submitted for processing six months from the date of promotion. • An "Annual Performance Evaluation" shall be completed and submitted for processing twelve (12) months from the date of promotion. 3. Probationary Firefighters • Newly hired appointees to a position shall be placed on probation for a period of eighteen (18) months. • Monthly Performance Evaluation Form - The supervisor shall complete the evaluation at the end of the month and review the observations with the employee. The form will be retained by the supervisor with a copy given to the employee to be kept in his/her probationary manual for reference. In the event that any of the expectations are marked "below" a copy of the evaluation shall be forwarded to the Battalion Chief, Deputy Chief and Fire Chief. Resolution No. FD 13-008 - Page 7 of 9 • Temporary Assignment Evaluation Form - shall be initiated by a probationary Firefighter when working a full shift with a Captain or Acting Captain who is not his/her regular supervisor. The supervisor shall complete the evaluation at the end of the shift and review the observations with the Firefighter: The form will be given to the regular supervisor and a copy retained by the Firefighter and kept in his/her probationary manual for reference. • Six (6) Month Merit Review: At the sixth month, if a probationary employee warrants a merit increase, their assigned supervisor will utilize the appropriate checkbox on the Monthly Probationary form and forward for processing. • A "Performance Evaluation" shall be completed and submitted for processing (18) months from the date of hire. 4. 40-Hour Probationary Employees • All evaluations shall be initiated and completed by the employee's supervisor by the due date. • Six Month Merit Review: A six-month performance evaluation, which is linked to a merit salary adjustment, shall be completed and submitted for processing. Subsequent consideration for merit salary adjustments shall be on a 12 month consecutive basis from the date of last merit salary adjustment. • An "Annual Performance Evaluation" shall be completed and submitted for processing 12 months from the date of hire. 5. Part-Time (At-Will) Employees • Temporary hourly employees may not exceed 1,000 hours per fiscal year. • An "Annual Performance Evaluation" which is linked to a merit salary adjustment shall be completed and submitted for processing by the employees supervisor 12_ months from the date of hire regardless if the 1,000 hour benchmark has been reached. • Annual Performance Evaluations" will be due 12 months from the annual review date and or the date of the last merit salary adjustment. 6. Special Program Evaluations • If an employee is involved in any program in which stipends are paid, and their performance is below expectations, a Special Program Evaluation may be initiated and completed by the appropriate supervisor or program manager (see list below). • These evaluations shall be forwarded to the employee's supervisor for inclusion in their performance evaluation. The Program Manager should be involved in any discussion with the employee and their supervisor regarding the Special Program Evaluation. PROGRAM RESPONSIBLE SUPERVISOR Paramedic EMS Administrator Hazardous Materials HazMat Program Manager Resolution No. FD 13-008 - Page 8 of 9 IT IS AGREED The Rancho Cucamonga Firefighters' Rancho Cucamonga Fire Protection Association, Local 2274 District Date 1 � 30 2-e) 3 Date Resolution No. FD 13-008- Page 9 of 9