HomeMy WebLinkAbout15-020 - Resolutions RESOLUTION NO. FD 15-020
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, SAN
BERNARDINO COUNTY, CALIFORNIA, APPROVING A SIDE
LETTER AGREEMENT BETWEEN THE DISTRICT AND
RANCHO CUCAMONGA FIRE MANAGEMENT EMPLOYEES
GROUP
WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District
("District': hereinafter) and the Rancho Cucamonga Fire Management Employee Group "Fire
MEG' have met and conferred pursuant to the provisions of the Meyers-Mi Iias-Brown Act
(California Government Code §3500, et seq.) with regard to terms and conditions of employment;
and
WHEREAS, Representatives of the District and Fire MEG have agreed upon and
presented to this City Council a Side Letter Agreement (see attached Side Letter Agreement) that
amends the current Memorandum of Understanding effective July 1, 2014, to June 30, 2017,
related to reopener in the current MOU (Article II Section 1 C).
NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection
District, hereby resolves, that said Side Letter Agreement is hereby approved and the City
Manager is hereby authorized to sign said Side Letter Agreement on behalf of the District, and
the Secretary to attest thereto.
RESOLUTION NO. FD 15-020 — Page 1 of 2
PASSED, APPROVED, AND ADOPTED this 151' day of July 2015.
AYES: Kennedy, Michael, Spagnolo, Williams
NOES: Alexander
ABSENT: None
ABSTAINED: None
L. Dennis Michael, residen
ATTEST:
ni e C. Reynolds, Se etary
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 15`h day of July 2015.
Executed this 161h day of July 2015 at Rancho Cucamonga, California.
a
?ni C. Reynolds, Secretary
RESOLUTION NO. FD 15-020 — Page 2 of 2
SIDE LETTER OF AGREEMENT
BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE
FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP
The Rancho Cucamonga Fire Protection District("District")and the Fire Management Employees
Bargaining Group ("Fire MEG") have a Memorandum of Understanding ("MOU") that
commenced on July 1,2014 and is set to end on June 30,2017. The Parties now wish to enter into
this new Side Letter of Agreement to memorialize the following change agreed to by both sides.
Additional wording would be added to the Fire MEG MOU in ARTICLE I RECOGNITION and
ARTICLE II COMPENSATION,§2 Salary Plan and§ 7 Retirement Plan as outlined below. New
language in underlined and old language is crossed-through.
ARTICLE I RECOGNITION
A. Pursuant to the provisions of existing rules and regulations and applicable State law,
District hereby acknowledges Fire MEG as the exclusive recognized employee organization for
the representation unit, which includes all management employees of the District the
F'_ , who are employed on a full-time basis. The classes represented include Fire Chief,
Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal.
B. Fire MEG does not represents' the classification of Fire Chief. However, Fire Chief
is an at-will position,not subiect to Article IV or V of this MOU or the District's Personnel Rules
At-will positions may be terminated at any time with or without cause or notice at the will of the
City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any
right to due process or appeal right. Furthermore,the Fire Chief is precluded from acting as a Fire
MEG representative or being a member of the Fire MEG Board. all right- and benefitS vans..:ned
in this Memefandum of Under-standing tha4 afe provided to fire safety employees shall be extended
to the Fire Chief to preelude the neeessity fer a WPM*agreement between the Fire Chief and the
Fire Distriet
ARTICLE II COMPENSATION
§ 2 Salary Plan
A. Salary Ranges
The base salary for Deputy Fire Chief shall consist of ranges having eight (8)
steps, labeled A through H, with approximately five percent (5%) between each step. The base
salary for Fire Chief, Battalion Chief and Fire Marshall shall consist of ranges having seven (7)
steps, labeled A through G,with approximately five percent(5%)between each step.
Effective the first full pay period in July 2015, the Fire Chief salary range shall
consist of ranges having eight (8) steps. labeled A through H with approximately five percent
(5%) between each step.
Effective the first full pay period in July 2016, there will be a five percent (5%)
equity adjustment to each step in the Fire Chief salary ranee.
Advancement between steps requires a satisfactory or higher annual performance
evaluation; provided, however, that any individual who has been at E step for 365 days or more
prior to July 1,2014,shall be eligible for advancement to the next step on July 1,2014,if their last
annual evaluation meets the requirements of this section. However, no employee shall receive
more than one step increase in a 12-month period unless granted for outstanding achievement
pursuant to Section 2(G)below.
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 Adjustments
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
"six (6) months of service. Subsequent review dates shall fall upon the completion of twelve
02) month service intervals from the first merit salary review.
c. The granting of an official leave of absence of more than thirty (30)
continuous calendar days,other than military leave,shall cause the employee's merit salary review
date to be extended the number of calendar days the employee was on leave.
d. If, in the supervisor's judgment, the employee's performance does not
justify a salary increase on the review date,the employee shall be reevaluated before the expiration
of six(6)months dating from the employee's review date. If the period of postponement exceeds
three (3) months and the employee receives a salary increase, the employee shall be assigned a
new review date based on the date the increase was granted.
e. Authorized salary step increases shall become effective at the beginning
of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon discovery
of the error, if the employee is recommended for a salary increase; the employee shall receive a
supplemental payment compensating him or her for the additional salary the employee would have
received had the increase been granted at the appropriate time.
g. The normal merit salary increase shall be one (1) step granted in
accordance with the preceding. However, to reward outstanding achievement and performance,
the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any six (6)
month period.
h. In order to address a situation wherein application of this section would
result in the inequitable treatment of employees and upon the recommendation of the Fire Chief
and approval of the Board, an employee may be placed at any step in the salary range for his or
her class.
47 Retirement Plan
A. Benefits: Safety Members
District is enrolled in the State of California Public Employee's Retirement
System. Except as described herein, all benefits provided District employees under the District's
Plan are paid by the District. Present benefits for public safety employees include the following:
1. Employees hired prior to July 9,2011:
§21362.2 3% at 50 Full Formula
§ 21574 O Level 1959 Survivor
§ 20042 1 Year Final Compensation
District pays and reports 9%normal PERS member contributions by resolution.
Beginning July 1, 2014, employees hired prior to July 9, 2011, will contribute
toward the employer share of CalPERS in an amount equal to the annual increase from the FY
2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full
percentage point, not to exceed a cumulative total of 5% during the term of this MOU. For
example,for FY 2014/15,the first tier employer rate will increase from 26.14%to 27.849%,which
by this formula will require employees to contribute 2%of pay toward the employer share(28%-
26%= 2%). The District will adopt a resolution providing that all employee Ca1PERS
contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis.
Beginning the first fall pay period in July 2015, employees hired prior to July 1,
2011,shall pay three percentage points(3%)in addition to the two percentage points(2%)outlined
above, for a total of five (5%)percentage points of the normal Ca1PERS employer contribution.
Beginning the first full pay period in July 2016, employees in the Fire Chief
position, hired prior to July 1. 2011, shall pay an additional three percentage points (3% in
addition to the five percentage points (5%) outlined above, for a total of eight (8%) percentage
points of the normal CaIPERS eemplover contribution.
2. Employees hired on or after 7/9/11 and through 12/31/12, and Classic
PERS members, as defined by PERS, who are hired on or after January 1,
2013:
§ 21363.3 3%@55 Full Formula
§ 21574 4'^Level 1959 Survivor
§ 20037 3 Year Final Compensation
District pays and reports 8% normal PERS member contributions; employee pays
1%of the member contribution by resolution. The District has adopted a resolution providing that
all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
In addition to the member contribution of 1% in accordance with the preceding
paragraph, beginning July 1, 2014, employees hired on July 9, 2011 and through December 31,
2012,as well as Classic PERS members who are hired on or after January 1,2013,will contribute
toward the employer share of CalPERS in an amount equal to the annual increase from the FY
2013/14 base year in the first tier employer rate (if any) that has been rounded to the nearest full
percentage point,minus 1%,not to exceed a total of 4%. For example, for FY 14/15, the first tier
employer rate will increase from 26.14% to 27.849%, which by this formula will require
employees to contribute an additional 1% of pay toward the employer share ((28%-1%)-
260/6=1%). The District will adopt a resolution providing that all employee CalPERS contributions
to the employer share pursuant to this section shall be deducted on a pre-tax basis.
Beginning the first full pay period in July 2015, employees hired on July 9, 2011
and through December 31, 2012, as well as Classic PERS members who are hired on or after
January 1, 2013, shall pay four percentage points (4%) of the normal CalPERS employer
contribution, in addition to the portion of the Member's contribution outlined above.
Beginning the first full pay period in July 2016 employees in the Fire Chief
position hired on July 9.2011 and through December 31, 2012,as well as Classic PERS members
who are hired as the Fire Chief position on or after January 1 2013 shall pay seven percentage
points (7%) of the normal CalPERS emolover contribution in addition to the portion of the
Member's contribution outlined above.
3. Employees who are New PERS Members, as defined by PERS, who are hired
on or after January 1, 2013:
Employees are classified as New Members of PERS when they meet the definition
of a"new member"for purposes of retirement pension benefits pursuant to the Public Employees
Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular
position on or after January 1, 2013 or former PERS members who have more than a six-month
break in service. CalPERS ultimately determines who is a new member in compliance with the
law.
Employees who are classified as New Members shall be eligible for the 2.7%at 57
Formula, 3 year final compensation average.
The employee contribution for new members shall be one-half the normal cost,as
determined by CalPERS.As of the effective date of this MOU,the required employee contribution
for new members is 11.5%of reportable compensation. This amount will be adjusted periodically
by CalPERS,and the District employee contribution adjusted accordingly per state statute.
The District has adopted a resolution providing that all employee Ca1PERS
contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
4. It is understood that all contributions paid by the employee as described in
Parts 1 through 2 above shall be calculated based upon the pay rate (ie full base salary of the
employee) plus any additional special compensation including any Employer Paid Member
Contributions (EPMC), and as described above in Part 3 above on the pensionable compensation
as defined in the California Public Employees' Pension Reform Act of 2013 ("PEPRA")
The District pays EPMC for the various "Tiers" as outlined above and reports the
value of EPMC payments as special compensation The parties agree that to the extent permitted
by law,this is special compensation and shall be reported as such pursuant to Title 2 CCR Section
571(a)(1)(F) as Value of Employer-Paid Member Contributions The parties also agree that the
District has no additional obligation or costs should Ca1PERS the State or the IRS determine
otherwise.
The District adopted a resolution providing that all employee Ca1PERS
contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation
All employee payments of the employer share are done pursuant to Government Code Section
20516
There shall be no sunset date to any provision in Article II Section 7 Retirement
Plan,
For The Rancho Cucamonga Fire For the Rancho Cucamonga Fire Management
Protection District: Employees Bargaining Unit:
7
Jo . Gillison, Ch 1 Ro rts
City Manager Fire Management Employees Bargaining Unit
7�315 7 //s
Date Date