Loading...
HomeMy WebLinkAbout92-025 - ResolutionsRESOU3I~ONNO. FD 92-025 A RESOLUTION OF THE FIRE BOARD OF THE RANCMO CUCAMDNGA FIRE ~ON DISTRICT, RANCMO CUCAMDNGA, CAI,IFORNIA, APPROVING THE M~I~D~qDLI~ OF UNDM~STANDING BEiWRFN THE 92-020 WHEREAS, the Fire Board of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga ba~ determined that it is necessary for the efficient operation and management of the City that policies be established prescribing salary ranges and policies for employees of the Rancho Cucamonga Fire Protection District; and WHERFAS, the Fire Board of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services, and that cut~ensation and conditions of employment must be sufficiently attractive to recruit and retain qualified employees. NOW, THEREFORE, BE IT RESOLVMD by the Fire Board of the Rancho Cucamonga Fire Protection District of the City of Rancho Cucamonga, California the attached Memorandum of Understanding (MOU) is approved and incorporated by reference as Exhibit "A, " as fully set for herein. PASS~ID, APPROV~D, and ADOPTED this 16th day of December, 1992. Alexander, Buquet, Gutierrez, Stout, Williams NOES: None ABS[NT: None I, DEBRA J. ADAMS, 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 16th day of December, 1992. Resolution No. FD 92-025 Page 2 Executed this 17th day of December, 1992, at Rancho Cucamonga, California. Resolution No. FD 92-025 Page 3 TABLE OF CONTENTS PREAMBLE ARTICLE I. RFL"(XS~ON ..........................................................................................................2 ARTICLE H. SECTION 1 SECTION 2 SECTION 3 SECHON 4 SECTION 5 SECTION 6 SECTION 7 SF_.C~ON 8 COMPENSATION ......................................................................................................3 Salary Ranges Effective 4-1-91 ....................................................................3 Salary Plan .......................................................................................................7 Work Periods and Overtime .........................................................................13 Uniform Allowance ......................................................................................16 Employee Group Insurance ........................................................................17 Tuition Reimbursement ...............................................................................18 Retirement Plan ............................................................................................20 Work Related Injuries ..................................................................................21 ARTICLE SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECYiON 5 SECTION 6 SECI'ION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 LEAVE OF ABSENCE ..............................................................................................22 Holidays ..........................................................................................................22 Vacation Leave ..............................................................................................24 Sick Leave ......................................................................................................26 Conversion Factor .........................................................................................29 Personal Leave ..............................................................................................30 Bereavement Leave ......................................................................................31 Compensatory Time ......................................................................................32 Administrative I~ave ...................................................................................33 Military Leave ...............................................................................................34 Jury Duty ........................................................................................................35 Civil Subpoena/Criminal Subpoena .......................................................... 36 Leaves of Absence without Pay .................................................................. 38 ARTICLE IV. GRIEVANCE PROCEDURE ..................................................................................... 39 SECTION 1 Purpose ...........................................................................................................39 SECHON 2 Objectives .......................................................................................................39 SECHON 3 General Provisions .......................................................................................40 SECTION4 Informal Grievance Procedure .................................................................. 40 SECTION5 Formal Grievance Procedure ..................................................................... .41 ARTICLE V. SAFETY ..................................................................................................................45 SECTION 1 Compliance .....................................................................................................45 SECTION 2 No Discrimination .........................................................................................45 SECTION 3 Safety Equipment ..........................................................................................45 S~ON4 Employee Responsibility .............................................................................45 SECTION 5 Smoking Policy .............................................................................................46 ARTICLE VI. MANAGEMENT RIGHTS ........................................................................................47 SECTION 1 Scope of Rights ..............................................................................................47 SECTION 2 Emergency Conditions ................................................................................ .48 ARTICLE VII. MAINTENANCE OF BENEFITS ............................................................................... 49 ARTICLE VIII. APPROVAL BY THE BOARD OF DIRECTORS ........................................................ 50 ARTICLE IX. PROVISIONS OF LAW ............................................................................................ 51 ARTICLE X. TERM ......................................................................................................................52 Resolution No. FD 92-025 Page 4 MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTEC1]ON DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MANAGEMENT UNIT REVISED Resolution No. FD 92-025 Page 5 PREAMBLE This Agreement is made and entered into between the Rancho Cucamonga Fire Protection District, hereinafter called "District," and the Rancho Cucamonga Fire District Management Unit, hereinafter called "Management Unit". The terms and conditions contained in this Agreement 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, the District hereby acknowledges the Management Unit as the exclusive recognized employee organization for this representation unit. This unit includes all management employees of the District, (excluding Fire Chief) who are employed on a full-time basis. A. The Management Unit shall consist of: Deputy Chiefs, Battalion Chiefs, Deputy Fire Marshal, Maintenance Officer and Administrative Services Officer. Rasolution No. FD 92-025 Page 6 ARTICLE II. COMPENSATION SECTION l: Salary Ranges Effective 4-1-91 A. Ranges SAFETY A a C D 1~ *Fire Chief 3% Deferred Comp 36.63 38.46 40.38 42.40 2930.40 3076.92 3230,77 3392.31 6349.20 6666.66 7000,00 7350,00 6538,54 6865.46 7208.74 7569.17 *Deputy Chief (Fire Marshal) 2% Deferred Comp 33.30 34.97 36.71 38.55 2664.00 2797,20 2937.06 3083.91 5772.00 6060.60 6363.63 6681.82 5887.44 6181.82 6490.91 6815.45 Battalion Chief 56 Hr. Workweek 19,82 20.81 21.85 22.95 2220.00 2331.00 2447.55 2569.93 4810.00 5050.50 5303,03 5568.18 Battalion Chief 40 Hr. Workweek 27.75 29.14 30,59 32.12 2220.00 2331.00 2447.55 2569.93 4810.00 5050.50 5303.03 5568.18 Fire Captain 15,28 16.04 16.84 17.68 1710.98 1796.53 1886,36 1980.67 3707.12 3892.48 4087.10 4291.46 Fire Engineer 13.24 13.90 14,60 15.33 1482.86 1557.00 1634.85 1716,59 3212.86 3373.50 3542.18 3719.29 Firefighter 11.76 12.35 12.97 13,62 1317,30 1383.17 1452,33 1524.94 2854.16 2996.87 3146.71 3304.05 Hazardous Material 16,08 16.85 17,65 18.49 Premium Pay 1801.10 1886.85 1976.48 2070.79 Captain 3902.39 4087.74 4282.37 4486.72 Hazardous Material 14.04 Premium Pay 1572.98 Engineer 3408.12 14.71 15.40 16.13 1647.12 1724.97 1806.72 3568.77 3737.44 3914.55 Hazardous Material 12.57 Premium Pay 1407.43 Firefighter 3049.42 13.15 13.77 14.42 1473.29 1542.45 1615.07 3192.13 3341.97 3499.31 44,52 Hourly 3561,92 Bi-Week 7717,50 Monthly 7947.63 40.48 Hourly 3238.11 Bi-Week 7015.91 Monthly 7156.22 24.09 Hourly 2698.43 Bi-Week 5846.59 Monthly 33.73 Hourly 2698.43 Bi-Week 5846.59 Monthly 18.57 Hourly 2079,71 Bi-Week 4506.03 Monthly 16.09 Hourly 1802.42 Bi-Week 3905.25 Monthly 14.30 Hourly 1601.19 Bi-Week 3469.25 Monthly 19.37 Hourly 2169.83 Bi-Week 4701.29 Monthly 16.90 Hourly 1892.55 Bi-Week 4100.52 Monthly 15.10 Hourly 1691.31 Bi-Week 3664.51 Monthly Resolution No. Page 7 FD 92-025 Fire Inspector 19.66 (Equal to Fire Eng, 1572.98 + 5% of E Step 3408.12 Eng.) 20.59 21.56 22.58 23.66 1647.12 1724.97 1806.72 1892.55 3568.77 3737.44 3914.55 4100.52 Hazardous Material 19.82 20.81 21.85 22.95 24.09 Coordinator 2220.00 2331.00 2447.55 2569.93 2698.43 4810.00 5050.50 5303.03 5568.18 5846.59 Marshal27.75 29.14 30.59 32.12 33.73 2220.00 2331.00 2447.55 2569.93 2698.43 4810.00 5050.50 5303.03 5568.18 5846.59 Deputy Fire *Admin. Services Officer 2% Deferred Comp Management Analyst II Maintenance Officer Maintenance Tech Communications Tech Fire Equipment Mechanic Fire Equip Serv. Worker A NON-SAFETY 13 C D 22.27 23.38 24.55 25.78 27.07 1781.65 1870.73 1964.27 2062.48 2165.61 3860.24 4053.25 4255.91 4468.71 4692.15 3938.99 4135.94 4342.74 4559.87 4787.87 19.66 20.64 21.67 22.76 23.89 1572.55 1651.18 1733.74 1820.43 1911.45 3407.20 3577.56 3756.44 3944.26 4141.47 20.43 21.45 22.53 23.65 24.83 1634.52 1716.25 1802.06 1892.16 1986.77 3541.47 3718.54 3904.47 4099.69 4304.67 15.31 16.08 16.88 17.73 18.61 1225.16 1286.42 1350.74 1418.28 1489.19 2654.52 2787.25 2926.61 3072.94 3226.59 15.31 16.08 16.88 17.73 18.61 1225.16 1286.42 1350.74 1418.28 1489.19 2654.52 2787.25 2926.61 3072.94 3226.59 Fire Safety Analyst 15.31 16.08 16.88 17.73 18.61 1225.16 1286.42 1350.74 1418.28 1489.19 2654.52 2787.25 2926.61 3072.94 3226.59 11.47 12.04 12.64 13.28 13.94 917.50 963.37 1011.54 1062.12 1115.22 1987.91 2087.31 2191.67 2301.25 2416.32 21.16 22.21 23.32 24.49 25.71 1692.42 1777.04 1865.90 1959.19 2057.15 3666.92 3850.26 4042.78 4244.91 4457.16 Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Hourly Bi-Week Monthly Rasolution No. FD 92-025 Page 8 A B C D ~ Fire Prevention 15.62 16.41 17.23 Specialist 1249.98 1312.48 1378.10 2708.29 2843.70 2985.89 Administrative 13.32 13.99 14.69 Secretary 1065.84 1119.13 1175.09 2309.32 2424.78 2546.02 Secretary 11.58 12.16 12.77 926.80 973.14 1021.79 2008.06 2108.47 2213.89 Public Services 12.76 13.39 14.06 Technician 1020.48 1071.50 1125.08 2211.04 2321.59 2437.67 Office Spec. II 9.73 10.22 10.73 778.46 817.39 858.25 1686.67 1771.00 1859.55 Office Spec. I 8.85 9.29 9.76 707.88 743.28 780.44 1533.75 1610.43 1690.95 Apprentice 8.32 8.73 9.17 Firefighter 931.45 978.02 1026.92 2018.13 2119.04 2224.99 * Not eligible for overtime 18.09 18.99 Hourly 1447.01 1519.36 Bi-Week 3135.18 3291.94 Monthly 15.42 16.19 Hourly 1233.84 1295.53 Bi-Week 2673.32 2806.99 Monthly 13.41 14.08 Hourly 1072.88 1126.53 Bi-Week 2324.58 2440.81 Monthly 14.77 15.50 Hourly 1181.33 1240.40 Bi-Week 2559.56 2687.53 Monthly 11.26 11.83 Hourly 901.17 946.23 Bi-Week 1952.53 2050.15 Monthly 10.24 10.76 Hourly 819.46 860.44 Bi-Week 1775.50 1854.28 Monthly 9.63 10.11 Hourly 1078.27 1132.18 Bi-Week 2336.24 2453.05 Monthly contpensation R~solution No. FD 92-025 Page 9 B. Survey Cities: Now, therefore, be it resolved, the Management Unit and District agree as follows: The District wishes to implement the philosophy of compensation utilized for the City of Rancho Cucamonga employees; that being, compensation at the average of the identified survey cities plus 5%. The cities area as follows: Fullerton Ontario West Covina Pomona Corona Orange Riverside San Bernardino City Upland The philosophy of compensation at the average of the identified survey cities plus 5% will be implemented in the Rancho Cucamonga Fire Protection District's current 5 step plan (A-E). May 1st of each year, a survey of the identified labor market cities will be completed, reviewed by the Management Unit and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment if adjustments are needed and not conditioned by a provision of an agreement between the Management Unit and District. Resolution No. FD 92-025 Page 10 SECTION 2 A. Salary Plan Salary Rant~es The base salary ranges for all classes in the bargaining units shall consist of ranges having five (5) steps, labeled A through E, with approximately 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 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. bs 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. Resolution No. FD 92-025 Page 11 eJ 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 was on leave. If, in the supervisor's judgement, the employee's performance does not justify a salary increase on the review date, the employee shall be re-evaluated 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. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. Should an employee's review date be overlooked, and upon discovery of the error, the employee is recommended for a salary increase, the employee shall receive a supplemental payment compensating him for the additional salary he would have received had the increase been granted at the appropriate time. The normal merit salary increase shall be one 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 (6) month period. 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 class. Resolution No. FD 92-025 Page 12 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 formerly occupied a position, shall receive the nearest higher monthly salary in the higher salary range that would constitute a minimum 5% salary increase over his 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. 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: ao Disciplinary demotion any designated salary step in the lower salary range which will result in the employee's receiving at least a five (5) percent reduction in pay. Non-disciplinary demotion that salary step he would have received in the lower class if his services had been continuous in said lower class. 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 that he previously received and his merit salary review date shall not change. Resolution No. FD 92-025 Page 13 Salary on Position Reclassification When an employee's position is reclassified and the employee is appointed to the position, his salary shall be determined as follows: If the position is reclassi~ed to a class with a higher salary range than the former class, his salary and merit salary review date shall be set in the same manner as if he had been promoted. 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, his salary and merit salary review date shall not change. 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. Salary on Re-employment An employee recalled after a layoff shall receive the same salary step in the range of the class which he was receiving upon layoff. 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. Resolution No. FD 92-025 Page 14 Acting Pay Acting pay shah be one (1) step, approximately 5%, above the affected employee's base salary rate. To receive acting pay the employee must: Be formally assigned duties-appropriate to the higher class. Work in the higher class at least fifteen (15) consecutive work days, 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) hours shifts. 10. Salary on Change in Range Assignment When a class is reassigned to either a higher or lower salary range by the Board, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the step he was receiving in the former range. 11. Premium Pay - Haz-Mat The number of personnel maintained on the Haz-Mat team is determined by the needs of the District. The decision as to the number of personnel on the team is made by the District. Personnel on the team must maintain their state certification, membership in the West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by the District, and agree to remain members of the District's Haz-Mat Team for a period of 3 years. Training to maintain status on the team shall be at the District's expense. Members who meet the above requirements shall be compensated for their involvement by being paid a dollar amount equal to 5% of Step E of the Fire Engineer class. Resolution No. FD 92-025 Page 15 C Standby Pay Standby pay to Maintenance Officer, Maintenance Technician and Communications Technician shall be at the rate of $195 per month. Deferred Compensation Deferred Compensation: Deputy Chief and Administrative Services Officer shall receive 2% of monthly base salary as a deferred compensation contribution paid by the Fire District. Resolution No. FD 92-025 Page 16 SF, CTION 3 A. C Work Periods and Overtime Work Periods The work period for shift personnel is 14 days. Overtime, pursuant to the Fair Labor Standards Act (FLSA) is paid for time worked in excess of 112 hours in the period. The work period for 40 hour personnel is seven (7) days with overtime being time worked in excess of 40 hours in the period. Work Shifts All 24 hour work shifts begin at 08:00 a.m. and end at 08:00 a.m. the following day, 24 hours thereafter. Ten (10) hour work shifts begin at 7:00 a.m. and ends at 6:00 p.m., Monday through Thursday, with one hour lunch. Hex Time 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.) The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one- half for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee· 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. The District will not effect schedule changes but for good and sufficient cause. Management employees shall be allowed to work a flexible work week upon the approval of their supervisor. Resolution No. FD 92-025 Page 17 D. Overtime Pa,v The rate of pay for overtime hours worked shall be at the rate of time and one half the regular rate of pay, for those employees eligible for overtime. Wages: The Battalion Chief in Training and suppression Battalion Chief's will be paid overtime at the 56 hour rate for any overtime worked, at time and one half rate of pay. 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. For the purpose of this section, work time shall not include traveling to or from the normal work site. All 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. 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. R~solution No. FD 92-025 Page 18 Call Back A minimum of two (2) hours of work time will be credited to an employee who responds to a District call to come to work during his off-duty hours. This section is not to be interpreted as requiring said minimum in the event of an extended work day or when the employee begins his regular work shift before the normal starting time. 4/10 l,eave With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least 60% of the pay period and 60% of the distance into the Civic Center are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. It is anticipated that the Fire District employees working a 40 hour week will begin the 4/10 program on July 20, 1992. This is the beginning of a pay period and that is when the program needs to start. Resolution No. FD 92-025 Page 19 SECTION 4 A. Uniform Allowance The District shall provide three (3) sets of work uniforms for each employee who is required to wear a uniform prior to his/her starting date. Suppression members must buy their own class A uniforms at the completion of probation. The Fire District provides $425 annually to the Maintenance Officer, Maintenance Technician, Fire Prevention Specialist, Communications Technician, Fire Equipment Mechanic for the purchase and maintenance of uniforms required to be worn in the performance of their job responsibilities. The Fire District also provides $425 annually to safety members. Resolution No. FD 92-025 Page 20 SECTION 5 A. Employee Group Insurance The District will provide group insurance plans in accordance with the following: 1. Health Insurance ae The District will pay one hundred percent (100%) of the premiums for medical insurance through the State of California Public Employee's Medical and Hospital Care Program. b® The Fire District provides fully paid employee and family health insurance for all full time continuous and retired employees. 2. Dental Insurance ae The Fire District provides fully paid employee and family dental insurance plan for all full-time continuous employees. 3. Vision Insurance The Fire District provides vision care coverage for all full time continuous employees at a payment of up to $19.00 monthly beginning July 1, 1992. 4. Life Insurance ae $50,000 policy for all chief officers; Fire Chief, Deputy Chiefs, and A.S.O. (not Battalion Chiefs at this time). b. $30,000 policy for Deputy Fire Marshal Resolution No. FD 92-025 Page 21 SECTION 6 A. Tuition Reimbursement College Tuition Program for the Management Unit The District agrees to pay all associated costs, for management employees, to attend college. The costs would be based upon the amounts charged by a Cal State accredited college. Approval for reimbursement must be obtained by the employees supervisor prior to taking course. b. Associated Costs 2. 3. 4. Tuition based on units Books Parking Miscellaneous/labs, tapes, etc. Employee to achieve a "C" or better grade to be eligible for reimbursement. Student/employee to submit all receipts for the class upon completion, unless other arrangements are made. Reimbursement for an accredited college other than a Cal State Program, such as a university. ae District to pay an average per unit costs (see attached example sheet) for each accredited unit, student to pay the remainder of the cost. Reimbursement of costs may be initiated prior to completion of the class if a deferred payment contract with the college is achieved. Student must successfully complete the course or reimburse all associated costs to the District. Resolution No. FD 92-025 Page 22 The Fire Chief may choose to establish an individualized payment schedule for each student/employee, based upon a college accredited program. However, all costs will be tied to the average of a Cal State program (see attached). EXAMPLE MANAGEMENT TUITION REIMBURSEMENT CAL STATE SAN BERNARDINO - 887-7676 A. Unit cost per quarter 90 total = 60 semester 1. One class per quarter - 4 units 23 quarters x $174 $4,002.00 2. Two classes per quarter - 8 units 12 quarters X $270 $3,240.00 Books Average per quarter (15 unit quarters - 90 units) 1. Books - $265 per quarter, possibly $265 X 7 quarters $1,855.00 2. Parking a. One class per quarter $36 X 23 $828.00 b. Two classes per quarter $36 X 12 $432.00 3. Miscellaneous per quarter, i.e. labs, etc. $20 X 7 $140.00 One class per quarter Two classes per quarter AVERAGE 0-6 Units = $174.00 per quarter 7-15 Units = $270.00 per quarter $6,825.00 $5,667.00 ($6,246.00) Resolution No. FD 92-025 Page 23 SF, CI~ON 7 A. B$ C Retirement Plan Present Benefits The District is enrolled in the State of California Public Employee's Retirement System. All benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: Section 21252.01 2% at 50 Supplemental or Modified Formula Section 21380-21387 1959 Survivor Benefits. Third level Section 20615 Payment of Normal Member Contributions One Year Highest Compensation No later than January 1, 1990, the District's retirement plan with the PERS will be amended to add Section 20024.2 One Year Highest Compensation. Conversion - Management Unit Safety management is part of the 2% at 50 plan with single highest year retirement. Non-safety are part of the 2% at 60 plan. In the last year of employment before retirement, employees are eligible to convert the District's contribution on behalf of the employees account, to salary. The employee is then responsible to pay the employee's portion of the PERS contribution through a 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 the District the cost of health coverage through payroll deduction, as long as it is allowed by PERS. Resolution No. FD 92-025 Page 24 SECTION 8 Work Related Injuries All management and non-management, non-safety and safety Fire District employees are entitled to their full salary and benefits when they sustain an on-the-job work related injury for up to one (1) year. (See Labor Code Section 4850 for provisions). Although Section 4850 covers only safety personnel, the District is extending this same benefit to non-safety employees. Temporary disability payments received during any injury period are to be returned to the Fire District. Resolution No. FD 92-025 Page 25 SECTION 1: A. ARTICLE III. LEAVE OF ABSENCE Holidays Holidays are those days which the 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 the District are as follows: 40 Hour Personnel (2) (3) (4) (5) (6) (7) (8) (9) (10) January l .......... 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 (lst Monday) November 11 ...... Veteran's Day November ......... Thanksgiving (4th Thursday) November ......... The day following Thanksgiving December 24 ....... The day preceding Christmas December 25 ....... Christmas Three discretionary (floating) days may be taken by an employee at his/her convenience, subject to approval of the supervisor. The thirty hours for the three floating holidays shall be credited to the employee at the start of pay period No. 1 of each year. Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the holiday. 56 Hour Personnel (2) (3) (4) (5) (6) (7) (S) (9) (10) (12) (13) January 1 .......... New Years Day January 18 ......... Martin Luther King's Birthday February 12 ....... Lincoln's Birthday February 22 ....... Washington's Birthday May ................ Memorial Day (last Monday) July 4 .............. Independence Day September ......... Labor Day (lst Monday) September 9 ....... Admissions Day October 12 ......... Columbus Day November 11 ...... Veteran's Day November ......... Thanksgiving (4th Thursday) November ......... The day following Thanksgiving December 24 ....... The day preceding Christmas December 25 ....... Christmas Resolution No. FD 92-025 Page 26 B. Employees shall accrue holiday time as follows: Type of Personnel Per Holiday Annually Maximum Accrual Shift Personnel 40 Hour Personnel 12 hours 168 hrs. 216 hours 10 hours 140 hrs. 180 hours C No District employee will be allowed to exceed the maximum accrual at any time. As excess holiday time is earned, it must either be taken as time off or be paid for by the 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. The District will buy back all or pan of accrued holiday time at the then current hourly rate, if a request is made (in writing) by November 30th of their holiday balance and option for sell back. Holidays may be used as scheduled time off with the approval of the supervisor. F. 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. Any employee who is on vacation or sick leave when a holiday occurs will not have that holiday charged against his/her vacation or sick leave. G. Forty hour personnel who obtain prior approval from their immediate supervisor to work a holiday will be allowed to bank that holiday at straight time. If a 40-hour employee, who is eligible to receive overtime compensation, is recalled to work on a holiday, then the holiday will be banked at time and a half for the number of hours actually worked that day. Resolution No. FD 92-025 Page 27 SFCTION 2: Vacation ],eave Vacation leave is a right to a leave of absence with pay. earned as a condition of employment. It is 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 Corrtpleted Service Accrual Accrual Accrual Rates 1-3 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 11-19 years 188.58 hours 353.0 7.253 20-24 years 196.58 hours 353.0 7.561 25+ years 204.58 hours 353.0 7.868 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrua] Rates 1-3 years 120 hrs/5 shifts 288.0 4.615 4-7 years 180 hrs/'7.5 shifts 408.0 6.923 8-10 years 240 hrs/10 shifts 528.0 9.231 11-19 years 264 hrs/ll shifts 528.0 10.154 20-24 years 288 hrs/12 shifts 528.00 11.077 25+ years 312 hrs/13 shifts 528.00 12.0 An employee who, as of July 1 of any given year, has completed 10, 20 and 25 years of service shall receive a one-time credit of 24 hours of vacation, if a shift employee, or 10 hours, if a 40 hour employee. The employee shall, beginning their 11th, 21st and 25th year accrue vacation at the appropriate pay period accrual rate. C The District will notify employees, in writing, within the pay period prior to the time that maximum vacation accrual will be reached that the accrual is approaching that maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu of time off so as to not exceed the maximum accrual. Resolution No. FD 92-025 Page 28 Any full-time employee who is about to terminate employment and has earned vacation time to his 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. Resolution No. FD 92-025 Page 29 SFCHON 3: Sick I .eave 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 the District. 2. All employees shall be entitled to sick leave as follows: Personnel Monthly Annual Accrual Max. Accrual 40 hr Personnel 10 hours 120 hours No limit Shift 12 hours 144 hours No limit Personnel (1/2 shift) (6 shifts) 3. Sick leave with pay may be used for: a. Any bona fide illness or injury. b. Quarantine due to exposure to contagious disease. Any treatment or examination included to, but not limited to, medical, dental, eye examination, or psychiatric. de Not more than twelve (12) days for 40-hour employees or six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence is required elsewhere because of sickness, disability, or child birth of a member of his/her immediate family, as defined in District Personnel Rules. R~solution No. FD 92-025 Page 30 No employee shall be entitled to sick leave with pay while absent from duty for the following causes: Disability arising from sickness or injury purposely self- inflicted or caused by his 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. 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 stipulated by the District and shall be at the District's expense. 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 re- enters District service. 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. Resolution No. FD 92-025 Page 31 Employees with l0 or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: Shift employees who in the preceding calendar year have accrued ]08 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that preceding calendar year, may exercise the option of having one-half of that unused sick leave accrued in the preceding year converted to vacation leave and the remainder carried over as accrued sick leave. Those members of this unit who have accrued 72 to 108 (60 to 90 for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year may exercise the option of having one-fourth of the unused sick leave accrued in the preceding calendar year converted to vacation leave and the remainder carried over as accrued sick leave. 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. Upon the service retirement of an employee, the employee will have the option of selling back to the District up to one-half of his total accumulated unused sick leave at his then current hourly rate, or the employee may apply his unused accumulated sick leave toward service time for retirement, in accordance with the Public Employees' Retirement Law, Section 20862.8. Sick leave bought back by the District may not be applied for service credit, but the sick leave remaining after the "buy-back" may be credited as service time in accordance with the above-mentioned law. Resolution No. FD 92-025 Page 32 SF:CTION 4: Conversion Factor Effective April 1, 1990, the factor used to convert the accruals for 40 hour per week personnel to 56 hour per week personnel will be: Vacation, sick leave, and holiday: Work Week Basis Vacation 40 Hour 56 Hour Conversion Factor 1-3 years 85.72 120 1.5 4-7 years 128.57 180 1.5 8-10 years 171.43 240 1.5 11-19 years 188.58 264 1.57 20-24 years 196.58 288 1.57 25+ years 204.58 312 1.57 Holidly 140 168 1.5 Sick 120 144 1.5 (40 to 56) EXAMPLE (8-10 year employee) Employee Benefits Vacation = 100 hours Holiday = 72 hours Sick ~ 300 hours 472 total hours x 1.5 (factor) = 708 hours total If an employee goes form a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. Resolution No. FD 92-025 Page 33 SECTION 5: A. C D. Personal l,eave The employee shall be granted one (l) day's paid personal leave to attend the funeral of a close relative not in the employee's immediate family. 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: He notifies his supervisor or Duty Chief in advance, with adequate time remaining so that a relief may be obtained for him. The employee must return to duty within a reasonable time after the appearance. Personal leave will be charged against any time the employee has accrued, such as sick leave, vacation, and compensatory time, at the employee's option. Employees can use up to 20 hours of accrued sick leave as personal leave. This 20 hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and needs to be cleared with their supervisor when using this time. Resolution No. FD92-025 Page 34 SFCI~ON 6: A. C Rereavement Leave 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid bereavement leave shall be granted if there is a death in the immediate family outside the state boundaries and the employee attends the services. Immediate family is defined as: Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or grandparents-in law. Resolution No. FD 92-025 Page 35 SFE1]ON 7: A. C D. Compensatory Time Professional and Management employees may earn compensatory time on a basis of 1 hour worked equals 1 hour of compensatory time. Compens~atory 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. 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. Compensatory time may also be earned for special and/or unusual work situations not provided for in the preceding paragraphs. The earning and accrual of compensatory time requires the approval of the employee's supervisor. Resolution No. FD 92-025 Page 36 SFCTION g: Administrative Leave Administrative Leave: Management employees; Chief, Deputy Chief and Administrative Services Officer, earn 40 hours administrative leave per year. Unused administrative leave at the end of the calendar year may be sold back to the Fire District at the employee's then current hourly rate. Resolution No. FD 92-025 Page 37 SFC1]ON 9: A. C Military l.eave Every employee who is a member of a state or federal reserve military unit shall be entitled to absent himself from his service with the District while engaged in the performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. 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 years', service must use accrued annual leave or compensatory time if he wishes to receive his normal pay. 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 his voluntary enlistment for a second term. Any employee returning from service with the armed forces shall be entitled to such length of service seniority as would have been credited to him had he remained for that period of time with the District. An employee who was in a probationary period at the time of his leave shall, upon his return, complete the remaining portion of the probationary period according to the present rules. 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 former position or one of a similar nature while the returning employee resumes the position he previously held. Resolution No. FD 92-025 Page 38 SI::,CTION 10: Jury Duty Any member of the District who is called or required to serve as a trial juror may absent himself from his duties with the District during the period of such service or while necessarily being present in court as a result of such call. Such member on jury duty will continue to receive his normal pay, provided he: Notifies his superior or Duty Chief in advance, with adequate time remaining so that a relief may be obtained. 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 superior or Duty Chief. Pay received for service while absent from the District must be turned over to the District; however, pay received while off duty may be kept by the employee. 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. Resolution No. FD 92-025 Page 39 SECTION 11: Civil Subpoena/Criminal Subpoena A. Civil Subpoena When members of the District have been served a civil subpoena to appear in court as a witness due to actions as a District employee, the following procedure shall be followed: as Personnel will be paid at their regular hourly rate while they are in court. District transportation will be provided when available. If the employee uses his own transportation, he will be reimbursed by the District at the prevailing mileage rate. 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 will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization would be required by the department head. B. Criminal Subpoena Pursuant to Penal Code Section 1326 et. seq., if an employee is served with a criminal subpoena, the employee will be paid at his regular hourly rate while in court. District transportation will be provided when available. If the employee uses his own transportation, he will be reimbursed by the District at the prevailing mileage rate. 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 will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization would be required by the department head. Resolution No. FD 92-025 Page 40 4. A criminal subpoena need not have a court stamp affixed. Resolution No. FD 92-025 Page 41 SECTION 12: I.eaves of Absence without Pay 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. Failure of the employee to return to his 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 he received when he began his 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 commence upon the date of reinstatement. An employee on an approved leave of absence without pay may continue his medical insurance coverage by paying the full cost to the District in advance for each month, or portion thereof, of which he is absent. Resolution No. FD 92-025 Page 42 A. SFCTION 2: A. ARTICLE IV. GRIEVANCE PROCEDURE Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances involving wages, hours and terms and conditions of employment. A grievance is a claimed violation, misinterpretation, mis-application, or non-compliance with existing District codes, resolutions, rules, regulations, or this document. Objectives The grievance procedure is established to accomplish the following objectives: To settle disagreements at the employee-supervisor level, informally if possible. 2. To provide an orderly procedure to handle grievances. 3. To resolve grievances as quickly as possible. To correct, if possible, the cause of grievances to prevent future similar complaints. 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. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. To promote harmonious relations generally among employees, their supervisors and the administrative staff. 8. To assure fair and equitable treatment of all employees. Resolution No. FD 92-025 Page 43 SFC1]ON 3: A. C D. F. SFCI~ON 4: General Provisions Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. No individual member of the Board of Directors shall be approached at any time that the grievance is being processed. 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 the District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. F. XCF. PTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. In the event a grievant elects to represent himself 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. 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. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his 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 three (3) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Resolution No. FD 92-025 Page 44 S~uCTION 5: A. Formal Grievance Procedure Step I The employee and/or his representative shall present his grievance, in writing and signed, to his immediate supervisor within fifteen (15) days of the date that cause for a grievance arises. An official grievance form must be used stating names, dates, times, place, and nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his decision in writing to the employee within three (3) days after receipt of the grievance. The employee shall have the right to appeal the decision of his supervisor to the Fire Chief. Step II If the grievance is not resolved to the satisfaction of the employee the grievant has three (3) days following receipt of the written response from his supervisor to file a written appeal to the Fire Chief or his designated representative. Written appeal to the Fire Chief or his 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. After submission of the written appeal, the Fire Chief or his 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. Resolution No. FD 92-025 Page 45 C Step III If the grievance is not resolved by the Fire Chief or his designee to the satisfaction of the grievant, the grievant may, within three (3) days, then file a written appeal to the District Board of Directors. An appeal to the Board must include a complete statement of facts supporting the grievance, a statement by the grievant or representative setting forth the reasons why the Fire Chief or his representative did not satisfactorily resolve the grievance and a list of witnesses the grievant would call to testify. The grievant may request a formal hearing before the Board and, further, may request the hearings to be a closed personnel session. The Board shall schedule such hearings within ten (10) days after receipt of the request. The Board shall submit its decision, in writing, to the employee within ten (10) days of the date of the hearing. If no submittal is made, the grievance shall be deemed rejected and the decision of the Fire Chief sustained. Step IV If the grievance is not settled in Step III, binding arbitration may be invoked in accordance with the following: The request for arbitration must be submitted within ten (10) days of receipt of the decision of the Board of Directors. A "Fact Sheet" must be submitted to the arbitrator by both parties, stating the nature of the grievance and desired action. The term "arbitrator," as used herein, shall refer to a single arbitrator. d® A list of five (5) arbitrators shall be requested from the California State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with the winning side, Board or grievant, having the first choice of either selecting the arbitrator or eliminating one candidate. The turn shall then revert to the other side, who then can exercise the same Resolution No. FD92-025 Page 46 ee go option. This procedure continues until either an arbitrator is agreed upon or there is only one candidate remaining. The arbitrator so selected shall hold a hearing at a time and place convenient to the parties involved. Statements of position may be made by the parties, and witnesses may be called. The arbitrator shall have the initial authority to determine whether or not the dispute is arbitrable under the express terms of this agreement. Once it is determined that the dispute is arbitrable under the terms, the arbitrator shall proceed in accordance with the provisions of this Rule to determine the merits of the dispute submitted to arbitration. The location and time of the hearing shall be mutually agreed upon by both parties. If an agreement cannot be achieved, each party will submit their location and time to be drawn by chance. All expenses which may be involved in the arbitration proceedings shall be borne by the parties equally; however, expenses relating to the calling of witnesses or the obtaining of depositions or any other similar expenses associated with such proceedings shall be borne by the party at whose request such witnesses or depositions are required. Legal counsel may be obtained by either party if they so wish. Expenses for the legal counsel shall be borne by the party obtaining such counsel. The pay for the arbitrator will be based upon the fee charged by the California State Conciliation Service for such services. Failure on the part of the District's representative or grievant/grievant's representative to appear in any case before an arbitrator, without good and sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of arbitration borne by the party failing to appear. R~solution No. FD 92-025 Page 47 The decision of the arbitrator shall be final and binding upon the District and appellant. Resolution No. FD 92-025 Page 48 ARTICLE V. SAFETY SECTION 1: Compliance The District and employees in the representation unit shall conform to and comply with all health, safety, and sanitation requirements imposed by the District, state or federal law or regulations adopted under state or federal law. SI:CTION ?: No Discrimination No employee shall be in any way discriminated against as a result of reporting any condition believed to be a violation of Section I of this Article. SECTION 3: Safety Equipment Should the employment duties of an employee in the unit, in the estimation of OSHA, require use of any equipment or gear to insure the safety of the employee or others, the District agrees to furnish such equipment or gear. SFgrlON 4: F. mployee 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 the District. Resolution No. FD 92-025 Page 49 SECFION 5: Smoking, Policy The following smoking policy was developed through meetings involving Fire District, City and Association representatives: A. Purpose The purpose of this policy is to promote a healthy environment by limiting situations where non-smokers are exposed to secondary smoke. B. Scope This policy will address the use of tobacco products by limiting their use as defined in the procedures section of this policy. C Responsibility It is the responsibility of persons using tobacco, a~ well as supervisors of personnel to enforce this policy. D. Procedure ** Smoking is prohibited in Fire District facilities except apparatus room. Smoking is prohibited in any Fire District vehicle. Smoking is prohibited when personnel are involved in emergency calls, public presentations, demonstrations, inspections and public tours. Chewing tobacco will be allowed in quarters, when the public is not present. During extended field operation conditions or in the field during service calls, smoking may be allowed upon the approval of the unit supervisor. All outside areas and apparatus rooms shall be permitted for smoking. Resolution No. FD 92-025 Page 50 ARTICLE VI. MANAGEMENT RIGHTS SF-CTION 1: Scope of Rights It is understood and agreed that the District possesses the sole right and authority to operate and direct the employees of the District in all aspects, except as modified in this Agreement. 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 the District; C To determine the methods, means, and number of personnel needed to carry out the District's mission; D. To direct the working forces; F.. To hire, assign, or transfer employees within the District; F. To promote, suspend, discipline, or discharge employees; G. To lay-off or relieve employees due to lack of work or funds or for other legitimate reasons; 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 may be necessary to carry out the mission of the District in situations of civil emergency as may be declared by the Board of Directors or Fire Chief; L. To schedule and assign work; M. To establish work and productivity standards. R~solution No. FD 92-025 Page 51 SFCTION 2: F~mergency 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 Agreement may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. R~solution No. FD 92-025 Page 52 ARTIC~ .~ VII. MAINTENANCE OF BENF. FITS All benefits enjoyed by the employees at the present time, which are not included in nor specifically changed by this MOU, shall remain in full force and effect; provided, however, that upon the mutual agreement of the parties, the meet and confer process may be initiated to address proposed changes. This Article shall not be interpreted as affecting any other rights or obligations the respective parties have under Section 3500 et. seq. of the California Government Code. Resolution No. FD 92-025 Page 53 ARTICI ,E VIH. APPROVAL BY ~ BOARD OF DIRECTORS This MOU is subject to approval by the Board of Directors of the 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. R~,solution No. FD 92-025 Page 54 ARTICLE IX. 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 the 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. The District and the Unit recognize that under this Agreement 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 this bargaining unit shall not be changed for the duration of this Agreement. Resolution No. FD 92-025 Page 55 ARTIC~ ,E X. TERM The term of this MOU shall commence on and will continue for a period thereafter, ending on In the event either party hereto desires to negotiate a successor MOU, such parties shall serve upon the other, during the month of February, its written request to commence negotiations as well as any written proposal for such successor MOU. Upon receipt of such written proposals, negotiations shall begin no later than thirty (30) calendar days after such receipt. Dated Dated Management Unit District /SS