HomeMy WebLinkAbout17-001 - Resolutions RESOLUTION NO. FD17-001
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND RANCHO CUCAMONGA
FIREFIGHTERS LOCAL 2274 RELATIVE TO WAGES,
BENEFITS AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT FOR FISCAL YEARS 2017-2018 AND 2018-
2019.
WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District
(District) and the Rancho Cucamonga Firefighters Local 2274 (Union) have met and conferred
pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500,
et seq.) with regard to wages, benefits and other terms and conditions of employment; and
WHEREAS, Representatives of the District and the Union have agreed upon and
present to this Board a Memorandum of Understanding pertaining to the Union effective, July 1,
2017 specifying the results of said meet and confer process; and
WHEREAS, All legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA
FIRE PROTECTION DISTRICT OF THE CITY OF RANCHO CUCAMONGA, HEREBY
RESOLVES, that in all respects, as set forth in the Recitals, Part A of this Resolution, the
attached Memorandum of Understanding entered into by and between District representatives
and Union representatives for the period July 1, 2017 through June 30, 2019 effective July 1,
2017 is hereby approved and ratified by the Board of Directors, and the Secretary shall certify to
the adoption of this resolution.
RESOLUTION NO. FD 17-001 I Page 1 of 2
PASSED, APPROVED AND ADOPTED this 3rd day of May, 2017.
AYES: Alexander, Kennedy, Spagnolo, Williams
NOES: None
ABSENT: Michael
ABSTAINED: None
a if
•ennis Michael, Presid•• t
ATTEST:
Ob/ 'l/ ' d
g :
.. ice C. Reynolds, S -cretary
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 3rd day of May 2017.
Executed this 4th day of May, 2017, at Rancho Cucamonga, California.
•
mea, 1 dj
nice C. Reynolds, ecretary
RESOLUTION NO. FD 17-001 I Page 2 of 2
MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIREFIGHTERS LOCAL 2274
2017-2019
PREAMBLE 1
ARTICLE IRECOGNITION 1
ARTICLE II COMPENSATION 1
§ 1 Survey 1
§ 2 Salary Plan 3
A. SalaryAdjustment 3
B. Salary Ranges 3
1 . Salary on Appointment. 3
2. Merit Salary Adjustments 3
3. Salary on Promotion 4
4. Salary on Demotion 4
5. Salary on Transfer 5
6. Salary on Position Reclassification 5
7. Salary on Re-Employment. 5
8. Salary on Rehire 5
9. Acting Pay 5
10. Salary on Change in Range Assignment 6
11 . Premium Pay-Haz-Mat. 6
12. Bi-Lingual Compensation 6
13. Paramedic Compensation 6
14. Field Training Officer 6
15. Technical Rescue 6
16. Terrorism Liaison Officer 7
17. Education Incentive 7
18. Stipend/Premium Pay Limitation 8
§ 3 Work Periods and Overtime 8
A. Work Periods 8
B. Work Shifts 8
C. Flex Time 8
D. Overtime Pay 9
E. Call Back 9
§ 4 Uniform Allowance 9
§ 5 Employee Group Insurance 10
A. Health Insurance 10
B. Dental Insurance 11
C. Vision Insurance 11
D. Life Insurance 11
§ 6 Retirement Plan 11
A. Benefits 11
B. Military Service Buy-Back 13
§ 7 Work Related Injuries 13
§ 8 Carpooling 14
§ 9 IRS 125 Plan 14
§ 10 Voluntary Employee Benefit Association 14
§ 11 Deferred Compensation 15
ARTICLE III LEAVES 15
§ 1 Holidays 15
§ 2 Vacation Leave 17
§ 3 Sick Leave 18
§ 4 Conversion Factor 20
§ 5 Personal Leave 20
§ 6 Bereavement Leave 21
A. 40 hour Personnel 21
B. Shift Personnel 21
C. Immediate Family is Defined as 21
§ 7 Compensatory Time 21
§ 8 Military Leave 22
§ 9 Jury Duty 22
§ 10 Civil Subpoena/Criminal Subpoena 23
A. Civil Subpoena 23
B. Criminal Subpoena 23
§ 11 Leaves of Absence without Pay 24
§ 12 Association Business 24
§ 13 Union Leave Bank 24
§ 14 Natal and Adoption Pay 26
A. Natal and Adoption Leave with Pay 26
B. Natal and Adoption Leave without Pay 26
§ 15 Family and Medical leave 26
ARTICLE IV GRIEVANCE PROCEDURE 26
§ 1 Purpose 26
§ 2 Objectives 26
§ 3 General Provisions 27
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§ 4 Informal Grievance Procedure 27
§ 5 Formal Grievance Procedure 28
A. Step I 28
B. Step II 28
C. Step III 28
• ARTICLE V DISCIPLINE 29
ARTICLE VI SAFETY 29
§ 1 Compliance 29
§ 2 No Discrimination 30
§ 3 Safety Equipment. 30
§ 4 Employee Responsibility 30
§ 5 Minimum Staffing 30
§ 6 Smoking Policy 30
§ 7 Weather Related Mandatory Recall 30
ARTICLE VII MANAGEMENT RIGHTS 31
§ 1 Scope of Rights 31
§ 2 Emergency Conditions 31
ARTICLE VIII MAINTENANCE OF BENEFITS 32
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS 32
ARTICLE X PROVISIONS OF LAW 32
ARTICLE XI TERM 33
Fire Union MOU 2017-19.doc
PREAMBLE
This Memorandum of Understanding ("MOU" hereinafter) is made and entered into
by and between the Rancho Cucamonga Fire Protection District ("Districf hereinafter),
and the Rancho Cucamonga Fire Fighters' Local 2274 ("Union" hereinafter). The terms
and conditions contained in this MOU are applicable to all full-time employees within this
unit and contain the complete results of negotiations concerning wages, hours and other
terms and conditions of employment for said employees represented herein.
ARTICLE I RECOGNITION
Pursuant to the provisions of existing rules and regulations and applicable State
law, District hereby acknowledges Union as the exclusive recognized employee
organization for the representation unit, which includes non-management safety
employees of District, who are employed on a full-time basis.
ARTICLE II COMPENSATION
§ 1. Survey
District will conduct a survey in accordance with the elements and
procedures provided below.
A. Timing: The survey will be completed and available for review by
District and Union no later than December 1 of the year prior to MOU expiration unless
mutually agreed otherwise by the parties. Survey data will be those compensation amounts
known and in effect as of the December 1 survey date. In the event a survey agency has
a MOU that extends beyond the end of the fiscal year during which the survey is performed,
the survey elements know and scheduled to be in force as of the following July will also be
surveyed and reported by the December 1 date.
B. Survey Agencies: (1) City of San Bernardino, (2) Chino Valley Fire
District, (3) City of West Covina, (4) City of Riverside, (5) City of Pasadena, (6) City of
Ontario and (7) City of Corona.
C. Survey Elements:
1. Top step base pay for Firefighter, Engineer, Captain and Fire
Inspector;
2. Emergency Medical Technician pay or stipend;
3. Paramedic pay or stipend;
4. Agency pick-up of member contributions to the Public Employees'
Retirement System ("PERS"); employer contribution to PERS, net of any employee cost
sharing;
5. Uniform pay;
Fire Union MOU 2017-19.doc
6. Maximum employer contribution to medical, dental, vision and long
term disability plans for new employees; and
7. Any other incentive or premium that 50% or more of the individuals
in a given classification at an agency are eligible to receive, if itis also provided by more
than 50% of the survey agencies, exclusive of the District.
An individual is "eligible to receive" an incentive or premium if that
individual can receive the item upon satisfaction of specified conditions (if any), without
limits as to the number of individuals who can receive the incentive. For example, if a
specialized training incentive is available to each individual who achieves the specific
technical qualifications, the individual is "eligible to receive" that incentive even if he or
she has not yet attained the technical certification that is required to actually receive it.
Conversely, if a department offers a premium that requires training but only grants that
premium to a limited number of individuals or only to individuals in a certain limited
number of assignments, the number of individuals above the limit are not eligible to
receive the premium. In those instances the stipends may be reviewed and discussed
on an individual basis.
D. Survey Procedures and Uses: Any survey element that is expressed
as a percent of salary will be converted to a dollar amount using the top step base pay
for the classification and agency involved. Multi-tiered survey elements involving
medical benefits or other health and welfare benefits will be surveyed based on the
compensation provided to new employees for that element. If applicable, other multi-
tiered incentives will be surveyed at the highest amount of incentive pay obtainable, so
long as the thresholds in Item C.7 are met. For comparison purposes in determining a
market average,the high and low agency(ofthose that receive any given benefit)will
be dropped for each salary element, except base salary,where all survey agencies will
be used. After dropping the high and lowagency,the mean average for the applicable
survey element will be calculated. The resulting average numbers for each survey
element will be added together to determine a cumulative average total compensation.
The results may be used for comparison purposes in negotiations involving future
compensation adjustments. There is no obligation to implement any salary element or
to make any compensation adjustment based on the survey results and the parties
acknowledge that other factors, including revenue, staffing, PERS contributions and
other post employment benefit("OPES")costs playa significant factor inthe ability of
the District to implement any survey element.
Example:
1 . Look at a particular benefit at the maximum level achievable (in this
example highlighted in yellow for each city):
City of San Bernardino BenefitX-7%
Chino Valley Fire District NIA
City of West Covina BenefitX-3%or5%
City of Riverside BenefitX-5%; 10%or 15%
City of Pasadena BenefitX-3%or6%
City of Ontario NIA
City of Corona Benefit X-2%
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2. Drop high (Riverside 15%) and low (Corona 2%) from among
the five agencies that offer the benefit.
3. Average remaining three cities [(W.0 5% + Pasadena 6% + S.B
7%)/3 =6%].
4. Thus Benefit X for market comparison purposes is assumed to be
6%.
§ 2. Salary Plan
A. Salary Adjustment
Effective the first full pay period in July of 2017 and July of 2018, all
bargaining unit members shall receive a two (2%) percent cost of living salary
adjustment.
B. Salary Ranges
The base salary ranges for all classes inthe bargaining units shall
consist of ranges having seven (7) steps, labeled A through G, with approximately
five percent (5%) between each step. 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 F 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 Adiustments
Advancement within a salary range shall not be automatic, but
shall be based upon job performance and granted only on the recommendation of the
employee's supervisor and approval of the Fire Chief. Employees shall be considered
for merit salary increases in accordance with the following:
a. Employees who are placed at Step A upon original employment,
reinstatement, or promotion are eligible for a merit salary review after six (6) months of
service. Subsequent merit salary review dates shall fall upon the completion of twelve
(12)month service intervals.
b. Employees who are placed at Step B or above upon original
employment, reinstatement, or promotion shall be eligible for a merit salary review after
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six months of service. Subsequent review dates shall fall upon the completion of twelve
(12)month service intervals.
c. The granting of an official leave of absence of more than thirty
(30) continuous calendar days, other than military leave, shall cause the employee's merit
salary review date to be extended the number of calendar days he or she was on leave.
d. If, in the supervisor's judgment, the employee's performance
does not justify a salary increase on the review date, the employee shall be reevaluated
before the expiration of six(6) months dating from the employee's review date. lfthe period
of postponement exceeds three (3) months and the employee receives a salary increase,
the employee shall be assigned a new review date based on the date the increase was
granted.
e. Authorized salary step increases shall become effective at the
beginning of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon
discovery of the error, the employee is recommended for a salary increase, the
employee shall receive a supplemental payment compensating him or her for the
additional salary he or she would have received had the increase been granted at the
appropriate time.
g. The normal merit salary increase shall be one (1) step granted in
accordance with the preceding. However, to reward outstanding achievement and
performance, the Fire Chief may grant one (1) additional step increase not to exceed one
(1) step in any (6) month period.
h. In order to address a situation wherein application of this section
would result in the inequitable treatment of employees and upon the recommendation of
the Fire Chief and approval of the Board, an employee may be placed at any step in the
salary range for his or her class.
3. Salary on Promotion
An employee, who is promoted to a position in a class with a
higher salary range than the class in which he or she formerly occupied a position, shall
receive the nearest higher monthly salary in the higher salary range that would
constitute a minimum five percent(5%)salary increase over his or her base salary rate,
provided that no employee may receive a rate in excess of Step G of the promotional
class. If the promotion occurs within sixty (60) days of a scheduled merit salary review
date, the employee shall receive the merit increase (if otherwise entitled to it) and the
promotional increase concurrently. The employee shall be given a new merit salary
review date for purposes of future salary step advancement. The new date shall be
based upon the effective date of the promotion.
4. Salary on Demotion
An employee who is demoted to a position in a class with a lower
salary range shall receive a new merit salary review date based upon the effective date
of the demotion and receive a salary in accordance with the following:
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a. 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.
b. Non-disciplinary demotion - that salary step he or she would have
received in the lower class if his or her services had been continuous in said lower class.
5. Salary on Transfer
An employee who is transferred from one position to another in the
same class or to another position in a similar class having the same salary range shall
receive the same step in the salary range previously received and the merit salary review
date shall not change.
6. Salary on Position Reclassification
When an employee's position is reclassified and the employee is
appointed to the position, salary shall be determined as follows:
a. If the position is reclassified to a class with a higher salary range
than the former class, salary and merit salary review date shall be set in the same manner
as if he or she had been promoted.
b. Ifthe salary of the employee is the same or less than the maximum
of the salary range of the new class and the salary range of the new class is the same
as the previous class, the salary and merit salary review date shall not change.
c. If the salary of the employee is greater than the maximum of the
range of the new class, the salary of the employee shall be designated as a "Y-rate" and
shall not change during continuous regular service until the maximum of the salary range
to which the class is assigned exceeds the salary of the employee.
7. Salary on Re-Employment
An employee recalled after a layoff shall receive the same salary
step in the range of the class which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may
be recommended by the supervisor and approved by the Fire Chief. The employee's
merit salary review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%),
above the affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
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b. Subject to C below, work in the higher class at least fifteen (15)
consecutive work days, five (5) shifts for employees working twenty-four (24) hour shifts.
Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an
acting capacity, sixth (6th) shift for employees working twenty-four (24) hours shifts.
c. In any instance where it is reasonably anticipated at the
commencement of the acting assignment that the assignment is likely to extend beyond
fifteen (15) consecutive work days or five (5) shifts, the described five percent(5%) acting
pay shall commence being earned from the first day/shift of the acting assignment.
10.Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range
by the Board, the salary of each incumbent in such class on the date the reassignment is
effective shall be adjusted to the step he or she was receiving in the former range.
11.Premium Pay - Haz-Mat
The number of personnel maintained on the Haz-Mat team is
determined 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 Districts'
Haz-Mat Team for a period of 2 years, unless removed earlier by the District. Training to
maintain status on the team shall be at District expense. Members who meet the above
requirements shall be compensated for their involvement by being paid a dollar amount
equal to five percent (5%) of Step E of the Fire Engineer class.
12.Bi-Lingual Compensation
Bargaining Unit members who qualify for bi-lingual pay shall be
compensated at the rate of Seventy-five Dollars ($75.00) per month. Employees must
pass an examination demonstrating their proficiency in the Spanish, Chinese or Japanese
languages.
13.Paramedic Compensation
Regardless of the classification of unit members who are eligible for paramedic
compensation, said compensation shall be the equivalent of 13.92% ($967.30) per month
of Step E of the base salary of the Engineer Classification.
Paramedic pay differential may be authorized for any of the company ranks of
firefighter, fire engineer or fire captain. Effective for employees hired after January 1,
2015, the paramedic pay differential may not be continued upon promotion according to
District need and at the discretion of the Fire Chief.
14.Field Training Officer
The District agrees to provide a stipend that is equivalent to 9.3%
percent of Step E of the Fire Captain class, to the Field Training Officer position, or
employee who is charged with these duties.
15. Technical Rescue
The number of personnel maintained on the Technical Rescue team is
determined by the District. Personnel on the team must maintain all required certifications
and attend reasonable training sessions deemed necessary by the District,
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and agree to remain members of the District's Technical Rescue Team for a period of 2
years, unless removed earlier by the District. Training to maintain status on the team
shall be at District's expense. Members who meet the above requirements shall be
compensated for their involvement by being paid a dollar amount equal to 5% per month
of Step E of the Fire Engineer class.
16. Terrorism Liaison Officer Pay
The District has determined there is a need to provide premium pay for the
position of Terrorism Liaison Officer for Homeland Security reasons. This premium is being
provided for the Safety Officer Training/Coordinator work for which they are responsible. The
Terrorism Liaison Officers will routinely and consistently instruct personnel in safety
procedures and department standard operating guidelines based on current threats and
anticipated modes of attack. The number of personnel receiving Terrorism Liaison Officer's
pay shall be determined by the District, but for the term of this MOU shall be a maximum of
three (3) firefighters. Personnel on the team must maintain all required certifications and
attend reasonable training sessions deemed necessary by the District, and agree to remain
Terrorism Liaison Officers for a period of 2 years, unless removed earlier by the District.
Training to maintain status on the team shall be at District's expense. Members who meet the
above requirements shall be compensated for their involvement by being paid a dollar amount
equal to 2.5% ($173.72) per month of Step E of the Fire Engineer class.
17. Education Incentive
The District shall provide to employees an educational incentive equal to
the following:
Bachelor of Arts/Bachelor of Science or Fire Officer Certification =$317/month
Master of Arts/Master of Science or Chief Officer Certification =$475/month
Eligibility for the above mentioned education incentive requires proof of
graduation and receipt of degree from a college or university that is accredited by a
national recognized accrediting agency approved by the United States Secretary of
Education and found on the United States Department of Education website.
Compliance with the Fire Officer/Chief Officer certification requires proof of satisfactory
completion (C or better or "pass" in a pass/fail class) of all required classes for the
Certification Track currently authorized and approved by the California State Fire
Marshall for Fire Officer or Chief Officer. Degrees earned online shall be accompanied
by a declaration under penalty of perjury that the subject employee personally performed
all requirements for issuance of the degree. The Fire Chief's determination regarding
eligibility for an education incentive shall be final.
The above mentioned education incentives shall be non-cumulative,
meaning that an employee who meets the highest recognized education incentive,
which would be the Master of Arts/Master of Science or Chief Officer Certification,
shall receive only one incentive pay regardless of whether they have also met the
lower recognized education incentive also. Neither shall an employee receive
education incentive pay for both a degree and a certification.
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18. Stipend/Premium Pay Limitation
No employee shall be eligible to collect more than two (2)simultaneous
stipend/premium pay incentives of the following list:
• Hazardous Materials
• Paramedic
• Technical Rescue
• Terrorism Liaison Officer
§ 3. Work Periods and Overtime
A. Work Periods
1 . Employees assigned to 24 hour shifts shall work a Kelly Schedule
that consists of a 24 day rotation pursuant to section 207 (k) of the Fair Labor Standards
Act (FLSA) as follows:
SUN MON TUES WED THURS FRI SAT
On Off On Of On 06` On
OF O Of Off On Of On
O On Of On Of Of Of
O a a
2. The pay period for shift personnel is 14 days. Overtime is paid for
time worked in excess of one hundred six (106) hours in the pay period.
3. The work period for forty (40) hour personnel is seven (7) days with
overtime being time worked in excess of forty (40) hours in the period.
4. Newly hired, trainee firefighters who are students at the RCFD Fire
Academy shall work a 48-hour per week schedule, inclusive of a paid meal period and
breaks.
B. Work Shifts
1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800
the following day, twenty-four (24) hours thereafter.
2. Personnel assigned to a forty (40) hour schedule shall work Monday
through Thursday from 0700 to 1800 inclusive of paid breaks and an unpaid sixty (60)
minute meal period. Employees who experience hardship due to child care issues, may
request alteration of their schedule by taking a % hour lunch and arriving at work % hour
late or leaving work % hour early. Additionally, employees who carpool at least 60% of
the pay period and 60% of the distance into their assigned workplace are eligible to leave
% hour early from work or arrive % hour late.
C. Flex Time
1. The work schedules of employees assigned to other than fire
suppression are subject to change depending on needs of the service or desires of the
concerned employee(s) (see item 3).
2. The District shall not change work schedules when the sole purpose
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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.
3. Employees may request schedule changes to address personal
interests. Whenever possible such requests will be accommodated, provided however, that
needs of the service as determined by the District will take precedence over employee
preferences.
4. The District will not affect schedule changes but for good and
sufficient cause.
D. Overtime Pay
1. The rate of pay for overtime hours worked shall be at the rate of time
and one-half(1.5) the regular rate of pay, for those employees eligible for overtime.
2. For purposes of computing overtime pay under the Fair Labor
Standards Act, military leave shall not be considered hours worked. Holiday, vacation,
sick, and injury leaves as well as time spent in a criminal or civil proceeding pursuant to
a subpoena issued in connection with the employee's employment with the District shall
be considered as hours worked for purposes of computing overtime.
3. For the purpose of this section, work time shall not include traveling
to or from the normal work site.
4. 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.
5. Employees may be subject to recall to be placed on overtime to fill
vacancies created by District wide training programs of a class wide nature. Employees
must receive at least two (2) weeks notice of recall.
E. Call Back
A unit employee called back to work during off-duty hours shall be paid
at time and one half (1.5) the employees regular rate of pay with a minimum of two (2)
hours for each such call back. Work shall be paid in half hour increments (work over fifteen
(15) minutes constitutes one half hour). 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 or
her regular work shift before the normal starting time.
§ 4. Uniform Allowance
A. The District shall provide four (4) sets of work uniforms for each
employee who is required to wear a uniform prior to his or her starting date. The value
of these initial uniforms provided shall be reported to CaIPERS as compensation in
accordance with applicable CaIPERS requirements. Suppression members must buy their
own class A uniforms at the completion of probation.
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B. Effective the first pay period in July of 2017, the District shall pay each
employee a uniform allowance of $1,302 annually in July.
§ 5. Employee Group Insurance
District agrees to provide group insurance plans in accordance with the
following, and in accordance with Resolution FD 08-013, which is incorporated into this
MOU by reference:
A. Health Insurance
1 . District will provide medical insurance through the State of California
Public Employee's Medical and Hospital Care Program.
2. District shall provide fully paid employee and family health insurance
for all existing full-time and retired employees as of November 17, 1994. Such health
benefits are vested for all full time continuous and retired employees as of November 17,
1994.
3. District shall provide fully paid employee and family health insurance
for all full-time employees hired after November 17, 1994, at the lowest, fully paid insurance
plan offered by the "Public Employees Medical and Hospital Care Program" (PEMHCA).
As of March 5, 2014, the parties understand that PEMHCA is addressing the
implications of the Affordable Care Act, and as a result may begin to offer a low-cost
health insurance plan with reduced benefits to enrollees. The parties agree to reopen this
provision of the MOU for discussion if in any given year PEMHCA's rate for its lowest cost,
fully paid insurance plan has a premium that is at least 15% less than the lowest cost plan
offered in the prior calendar year. A failure to agree upon the resolution of this issue shall
not be subject to resolution by fact finding or any other impasse resolution procedure.
4. All new full-time employees hired after November 17, 1994, shall be
responsible for paying their premiums for medical insurance through the State of California
Public Employees Medical and Hospital Care Program, upon their retirement.
5. Cash compensation in lieu of medical benefits in the amounts of
$200.00 for single employees or$300.00 for employee's dependents, may be provided to
those employees that can provide the following: (1) proof that the employee and all
individuals for whom the employee intends to claim a personal exemption deduction for
the taxable year or years that begin or end in or with the District's plan year to which the
opt out applies ("tax family"), have or will have minimum essential coverage through
another source (other than coverage in the individual market, whether or not obtained
through Covered California) for the plan year to which the opt out arrangement applies
("opt out period"); and (2) the employee must sign an attestation that the employee and
his/her tax family have or will have such minimum essential coverage for the opt out
period. An employee must provide the attestation every plan year at open enrollment,
within 60 days of the date of hire, or within 30 days after the start of the plan year. The
opt-out payment cannot be made and the District will not in fact make payment if the
employer knows that the employee or tax family member doesn't have such alternative
coverage, or if the conditions in this paragraph are not otherwise satisfied. Selection of
compensation shall be at the employee's discretion. The employee may reenter the
Districts health plan at any time.
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6. Affordable Care Act (ACA) Reopener. The District may reopen
negotiations on the issue of health insurance benefits to address changes to or the
elimination of the ACA and in order to avoid penalties or taxes under the ACA or other
statutory scheme that may result from an interpretation of the ACA or other statutory
scheme by the Internal Revenue Service or other federal agency(including, but not limited
to, a revenue ruling, regulation or other guidance) or state agency, or a ruling by a court
of competent jurisdiction. These negotiations will not result in a reduction in the amount
the District provides for employee health coverage.
B. Dental Insurance
District shall continue to provide fully paid employee and family
dental insurance plan for all full-time employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full
time employees.
D. Life Insurance
All full-time employees shall be provided a term life insurance policy
of$50,000, paid by District.
§6. Retirement Plan
A. Benefits
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 1 , 2011 :
§21362.2 3% at 50 Full Formula
§ 21574 4th 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 1 , 2011 ,
contribute toward the employer share of CaIPERS 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 total of 5%. 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 CaIPERS contributions to the employer share pursuant to this section shall
be deducted on a pre-tax basis.
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Beginning the first full pay period in July 2015, employees hired prior to July 1,
2011, 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 CaIPERS employer
contribution.
Beginning the first full pay period in July 2017, employees hired prior to July 1,
2011 , shall pay one percentage point (1%) in addition to the five percentage points (5%)
outlined above for a total of six percentage points (6%) of the normal CaIPERS employer
contribution.
Beginning the first full pay period in July 2018, employees hired prior to July 1,
2011, shall pay one percentage point (1%) in addition to the six percentage points (6%)
outlined above for a total of seven percentage points (7%) of the normal CaIPERS
employer contribution.
2. Employees hired on or after 7/1/11 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 4th 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 CaIPERS 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 1 , 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 CaIPERS 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 2014/15, 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%)-26%=1%). The
District will adopt a resolution providing that all employee CaIPERS 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 1,
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 CaIPERS
employer contribution, in addition to the portion of the Member's contribution outlined
above.
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Beginning the first full pay period in July 2017, on July 1, 2011 and through
December 31, 2012, as well as Classic PERS members who are hired on or after January
1, 2013, shall pay one percentage point (1%) in addition to the four percentage points (4%)
outlined above for a total of five percentage points (5%) of the normal CaIPERS employer
contribution in addition to the portion of the Member's contribution outlined above.
Beginning the first full pay period in July 2018, on July 1, 2011 and through
December 31, 2012, as well as Classic PERS members who are hired on or after January
1, 2013, shall pay one percentage point (1%) in addition to the five percentage points
(5%) outlined above for a total of six percentage points (6%) of the normal CaIPERS
employer 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. CaIPERS 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 CaIPERS. 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 CaIPERS, and the District employee contribution
adjusted accordingly per state statute.
The District has adopted a resolution providing that all employee CaIPERS
contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
B. Military Service Buv-Back
District provides for employees to buy back military service credit at the
employee's own expense pursuant to PERS regulations.
§ 7. Work Related Injuries
All unit employees are entitled to full salary and benefits when they sustain
an on-the-job work related injury for up to one (1) year. (See: California Labor Code §
4850 for provisions). Although § 4850 covers only safety personnel, District is extending
this same benefit to non-safety employees. Temporary disability payments received
during any injury period shall be returned to District.
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§ 8. Carpooling
Those employees participating in a carpool during going to and coming from
their residence and work site shall not be in receipt of a reduced workday. Rather, those
employees participating in a "carpool" shall be accorded the following benefit:
Eligible carpool employees shall be regular, full-time employees who
voluntarily participate in and file a"ride share application agreement."
Eligibilityfor rideshare-related benefits isconditioned upon:
1. Each affected regular and full time employee shall ride share with
another person(s) in a car or vanpool.
2. In the alternative, each affected regular and full time employee shall drive
to and from work other than in an automobile. For example, such transportation may
include a bicycle, public transportation, walking.
3. Eligibility for ride share benefits shall be conditioned upon 1) the regular
and full time employee so participating 60% of the total work days during a given month,
2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the
hours of 6 and 10 a.m. of the employee's scheduled work shift.
Individuals meeting the above qualifications shall earn $2 for every day
that the employee ride shares, paid at the end of each quarter. Further, the City is
desirous of devising some type of "drawing" to provide a singular person on a monthly
basis with an item of value in recognition of ride sharing.
§ 9. IRS 125 Plan
District shall implement authorized pre-tax payroll deduction of out-of-
pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used
for the purpose of paying the difference between the amount of District funded premiums
for District-provided health insurance plans, and the amount of out-of-pocket premium
payments borne by the employee regarding District-provided plans.
§ 10. Voluntary Employee Benefit Association
The City has established a Voluntary Employee Benefit Association
(VEBA) through the California Government Voluntary Employee Benefit Association to
assist employees with planning for future health care expenses. Represented employees
are allowed a one time election to opt into the plan. Represented employees shall be
eligible to participate in the plan according to a schedule to be established as an
addendum to this MOU.
Contributions to the Plan shall be made as District contributions through
a salary reduction arrangement and are made on a pre-tax basis in accordance with IRS
provisions. No employer contributions are to be made to the Plan. At the discretion of
the Union, employee contributions may be amended once per year provided that such
amendment is permitted by IRS regulations and in conformity with the Plan Document.
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§ 11. Deferred Compensation
Effective the first full pay period in July of 2017, the City will match up to
$25 per pay period per employee for employees who pay up to $25 into deferred
compensation through payroll deductions.
ARTICLE III LEAVES
§ 1. Holidays
A. Employees shall accrue holiday time as follows:
Type of Per Maximum
Personnel Holiday Annually Accrual
Shift Personnel (56 12 hours 168 hrs 216
hours hour work schedule)
40 Hour Personnel 10 hours 140 hrs 180 hours
B. Holidays are those days which District designates as observed holidays.
Holiday leave is a right, earned as a condition of employment, to a leave of absence with
pay. The holidays designated by District for the term of this contract are as follows:
40 Hour Personnel
July 4 Independence Day
September Labor Day (1st Monday)
November 11 Veterans Day
November Thanksgiving (4th Thursday)
November The day following Thanksgiving
December 24 The day preceding Christmas
December 25 Christmas
January 1 New Years Day
January Martin Luther King's Birthday (3rd Monday)
February President's Day (3rd Monday)
May Memorial Day (last Monday)
Three (3) discretionary (floating) days may be taken by an employee at his
or her convenience, subject to approval by the supervisor. The thirty (30) hours for the
three (3) floating holidays shall be credited to the employee at the start of pay period No.
1 of each fiscal 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.
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56 Hour Personnel
July 4 Independence Day
September Labor Day (1st Monday)
September 9 Admissions Day
October 12 Columbus Day
November 11 Veterans Day
November Thanksgiving (4th Thursday)
November The day following Thanksgiving
December 24 The day preceding Christmas
December 25 Christmas
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)
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
to the employee by District.
D. Holidaytime shall be accrued annually beginning with the first pay
period of the fiscal year within the pay period which it occurs.
1. District will buy back all or part of accrued holiday time at the
then current hourly rate, if a request is made (in writing) by November 30th specifying
holiday balance and exercising the option to sell back.
2. Holidays may be used as scheduled time off with the approval
of the supervisor.
E. District employees will be advised, in writing, within the pay period
prior to the time that maximum holiday accrual is reached or that they are
approaching their maximum accrual.
F. Any employee who is on vacation or sick leave when a holiday
occurs will not have that holiday charged against his or her vacation or sick leave.
G. Forty (40) hour personnel who obtain prior approval from their
immediate supervisor to work a holiday will be allowed to bank that holiday at straight
time. If a 40-hour employee who is eligible to receive overtime compensation is
recalled to work on a holiday, that holiday will be banked at time and a half (1 .5) for
the number of hours actually worked that day.
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§ 2. Vacation Leave
A. Vacation leave is a right to a leave of absence with pay. Itis earned
as a condition of employment.
All full-time employees shall, with continuous service, accrue working
days of vacation monthly according to the following schedule:
40 hour personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
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
11-14 years 188.58 hours 353.0 7.253
15-19 years 205.72 hours 353.0 7.912
20-24 years 222.86 hours 353.0 8.572
25+ years 240.00 hours 353.0 9.231
Shift personnel
Years of Annual Maximum Pay Period
Completed Service Accrual Accrual Accrual Rates
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
11-14 years 264 hrs/11 shifts 528.0 10.154
15-19 years 288 hrs/12 shifts 528.0 11 .077
20-24 years 312 hrs/13 shifts 528.0 12.002
25+ years 336 hrs/14 shifts 528.0 12.923
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B. An employee who, as of July 1 of any given year, has completed 10, 15,
20 or 25 years of service shall receive a onetime credit of 24 hours of vacation in addition to
the employee's annual accrual of vacation, if a shift employee, or 10 hours, if a 40 hour
employee. The employee shall, beginning the 11th, 16th, 21st, and 26th year, resume
accruing 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.
D. Any full-time employee who is about to terminate employment and has
earned vacation time to his or her credit, shall be paid for such vacation time on the effective
date of such termination. When separation is caused by death of an employee, payment shall
be made to the estate of such employee.
§ 3. Sick Leave
Sick leave is the authorized absence from duty of an employee because of
physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious
disease, or for a medical, optical, or dental appointment.
A. Accrual
All unit employees shall accrue sick leave as follows:
Personnel Monthly Annual Accrual Max. Accrual
40 hr Personnel 10 hours 120 hours No limit
Shift Personnel 12 hours 144 hours No limit
(1/2 shift) (6 shifts)
B. Use
1 . Sick leave with pay may be used for:
a. Any bona fide illness or injury.
b. Quarantine due to exposure to contagious disease.
c. Any treatment or examination included to, but not limited to,
medical, dental, eye, or psychiatric examinations.
d. 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.
2. No employee shall be entitled to sick leave with pay while absent from
duty for the following causes:
a. Disability arising from sickness or injury purposely self-inflicted or
caused by his or her own willful misconduct.
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b. Sickness or disability sustained while on leave of absence.
3. Sick leave shall not be used in lieu of or in addition to vacation.
C. 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).
D. Any employee absent from work due to illness or accident, may at the
discretion of the Fire Chief, be required to submit to a physical examination before
returning to active duty. Such physical examination shall be performed by a physician
specified by District and shall be at District expense.
E. Termination of an employee's continuous service, except by reason of
retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment
will be made by the District for sick leave accrued to the time of such termination
regardless of whether or not such employee subsequently reenters District service.
F. 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.
G. Employees with ten (10) or more years of service shall be eligible to
convert unused sick leave to vacation in accordance with the following:
1. Shift employees who in the preceding calendar year have accrued
108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in
that preceding calendar year, may exercise the option of having one-half (1/2) of that
unused sick leave accrued in the preceding year converted to vacation leave and the
remainder carried over as accrued sick leave.
2. 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 precedingcalendar
year may exercise the option of having one-fourth (1/4) of the unused sick leave accrued
in the preceding calendar year converted to vacation leave and the remainder carried over
as accrued sick leave.
3. Any employee who qualifies to convert sick leave to vacation leave
must submit a written request to the District on or before January 15th of the year in which
the conversion is to be made.
H. Upon the retirement of an employee, the employee may elect from one
or more of the following options:
• Sell back up to fifty per cent (50%) of his/her accumulated unused
sick leave at the employee's regular hourly rate of pay at retirement.
• Designate accumulated unused sick leave for CaIPERS service
credit per Government Code Section 20965.
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• Apply the cash value of up to one hundred percent (100%) of
accumulated unused sick leave to the employee's VEBA account (if
enrolled), at the employee's regular hourly rate of pay, as permitted
by the VEBA plan.
§ 4. Conversion Factor
The factor used to convert the accruals for forty (40) hour per week
personnel to fifty-six (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
Holiday 140 168 1.5
Sick 120 144 1.5
(40 to 56) EXAMPLE (8-10 year employee)
Employee Benefits
Vacation = 100 hours
Holiday = 72 hours
Sick = 300 hours
472 total hours x 1.5 (factor) = 708 hours total
Note: If an employee goes form a 56 to 40 hours basis, the conversion will be the
reciprocal of 1.5 or .667.
§ 5. Personal Leave
A. The employee shall be granted one (1)day paid personal leave to attend
the funeral of a close relative not in the employee's immediate family.
B. An employee required to appear before a court for other than subpoenas
due to actions as a District employee or jury duty will receive the necessary time as paid
personal leave, providing:
1 . He or she notifies his or her supervisor or Duty Chief in advance,
with adequate time remaining so that a relief may be obtained.
2. The employee must return to duty within a reasonable time after the
appearance.
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C. 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.
D. Employees can use up to twenty (20) hours of accrued sick leave as
personal leave. These twenty (20) hours can be used incrementally(i.e., 1 hour, 1/2 hour)
throughout the fiscal year. Use of this time is for emergency situations requiring the
employee's attention and needs to be cleared with their supervisor when using this time.
§ 6. Bereavement Leave
A 40-hour Personnel
In the event of a death in the employee's immediate family, the
employee shall be granted 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.
B. Shift Personnel
In the event of a death in the employee's immediate family, the
employee shall be granted two (2) shifts paid bereavement leave. 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.
C. 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.
§ 7. Compensatory Time
A. In lieu of overtime pay, a unit employee, at the employee's option,
may be compensated with compensatory time off (CTO). CTO will accrue at the rate of
one and one half hours for each overtime hour worked. Effective the first full pay period
in July of 2017, an employee may accumulate a maximum of 144 hours of CTO. Once
an employee accumulates 144 hours of CTO, any additional overtime hours will be paid
to the employee at his or her regular overtime rate of pay in the period earned. In
addition, all hours remaining in a represented employee's CTO accrual "bank"will be
paid to the employee at the employee's regular rate of pay as of the end of the fiscal
year in June and the balance in the CTO accounts will be reduced to zero hours, unless
the CTO balance has been used up by the last pay period in July. CTO balance must
be cashed out on last pay period in June of a given fiscal year. Employees can also cash
out up to 144 of CTO at the "Holiday/Vacation/ Compensation Time" buy back period
in November.
B. Compensatory time may be earned for required attendance at special
meetings of the Board of Directors and District Committees, except when such meetings
are held in lieu of a regularly scheduled meeting or when such meetings are called and/or
scheduled as part of the annual budget preparation process and annual audit.
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C. Compensatory time may also be earned for special and/or unusual work
situation not provided for in the preceding paragraphs.
§ 8. Military Leave
A. Every employee who is a member of a state or federal reserve military
unit shall be entitled to be absent from service with 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.
8. 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. An employee that serves in the California National Guard shall be entitled to 30
days paid military leave for each instance of emergency activation. Any employee with
less than one (1) years', service must use accrued annual leave or compensatory time if
he or she wishes to receive normal pay.
C. Employees who are called or volunteer for service with the armed forces
of the United States shall be entitled to reinstatement to their former positions. Upon
application for reinstatement, the individual must display a certificate showing service was
under honorable conditions.
D. Any employee returning from service with the armed forces shall be
entitled to such length of service seniority as would have been credited to them had they
remained for that period of time with the District.
E. An employee who was in a probationary period at the time of military
leave shall, upon return, complete the remaining portion of the probationary period
according to the then present rules.
F. An employee promoted to fill a vacancy created by a person serving in
the armed forces shall hold such position subject to the return of the veteran. The
employee affected by the return shall be restored to his or her former position or one of a
similar nature while the returning employee resumes the position he or she previously
held.
§ 9. Jury Duty
Any member of District who is called or required to serve as a trial juror may
be absent from duty with District during the period of such service or while necessarily
being present in court as a result of such call. Such member on jury duty will continue to
receive normal pay, provided he or she:
A. Notifies his or her supervisor or Duty Chief in advance, with adequate
time remaining so that a relief may be obtained.
8. 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 itto his or her supervisor or Duty Chief.
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C. Pay received for service while absent from District must be turned over
to District, however, pay received while off duty may be kept by the employee.
D. All personnel called for jury duty must abide by all of the above rules
and must return to work if dismissed before the end of their regular work shift.
§ 10. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of District have been served a civil subpoena to
appear in court as a witness due to actions as a District employee, the following
procedure shall befollowed:
1. Personnel will be paid at their regular hourly rate while they are in
court. Per Fire District Rules and Regulations such appearances shall be considered
"hours worked" for purposes of computing overtime eligibility in accord with applicable
rules and Memoranda of Understanding.
2. District transportation will be provided when available. If the
employee uses his or her own transportation, he or she will be reimbursed by District at
the prevailing mileage rate.
3. If the employee is required to appear in a court that is outside the
Rancho Cucamonga Fire Protection District and this appearance requires the employee
to buy a meal and/or lodging, he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and
meals would be required,authorization shall be obtained from the department head.
B. Criminal Subpoena
1. Pursuant to California Penal Code § 1326, et. seq., if an employee is
served with a criminal subpoena, the employee will be paid at the regular hourly rate
while in court. . Per Fire District Rules and Regulations such appearances shall be
considered "hours worked" for purposes of computing overtime eligibility in accord with
applicable rules and Memoranda of Understanding.
2. District transportation will be provided when available. If the
employee uses their own transportation, they will be reimbursed by District at the
prevailing mileage rate.
3. If the employee is required to appear in court outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee to buy a
meal, he or she will be reimbursed. If an extended appearance in court is necessary
where lodging and meals would be required, authorization shall be obtained from the
department head.
4. A criminal subpoena need not have a court stamp affixed.
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§ 11. Leaves of Absence without Pay
A. Upon the written request of the employee, a leave of absence may be
granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to
exceed one (1) year by the Board of Directors.
B. Failure of the employee to return to his or her employment upon the
termination of an authorized leave of absence shall constitute a separation from service
of that employee.
C. Leave of absence without pay granted by the Board shall not be
construed as a break in service or employment. During these periods, vacation, holiday,
or sick leave credits shall not accrue. An employee reinstated after a leave of absence
without pay shall receive the same step in the salary range received when he or she
began the leave of absence. Time spent on such leave without pay shall not count toward
service for increases within the salary range. For purposes of this section, the employee's
merit increase eligibility date shall be adjusted to the date of reinstatement.
D. An employee on an approved leave of absence without pay may
continue medical insurance coverage by paying the full cost to District, in advance, for
each month, or portion thereof, of which he or she is absent.
§12. Association Business
The Association president, or others designated by him or her (up to a
maximum of seven representatives), shall be permitted reasonable time off without loss
of pay for the conduct ofAssociation business, including, but not limited to, negotiations,
processing grievances, representing employees in disciplinary matters, and meeting
with District personnel. Representatives of the Association shall be compensated for all
hours spent in actual negotiations with the District and meetings with district personnel,
whether regularly scheduled to work that day or not.
§13. Union Leave Bank
In addition to any other paid time off provided to the Association's Board of
Directors under any other provision of this MOU, existing rules, regulations or practices,
there is hereby created a Union Leave Bank for the sole and exclusive use of the Union.
Each active member of the Union shall have 0.9230 hours of vacation leave
irrevocably deducted from his or her vacation or holiday leave accrual each biweekly pay
period. Twice each year, in January and July, the Union Executive Board shall have the
authority to amend the deduction described above. If such an amendment is approved,
the Union President shall notify the Finance Director in writing of the new deduction
amount. The new deductions shall be accomplished as soon as practical. The District will
deduct the hours from vacation time first, and then from accrued holiday time. A member
can notify the Finance Director by the first Monday in August of each year if they want
the time deducted from accrued holiday leave time first, and then accrued vacation leave
time. Said hours shall be deposited into the Union Leave Bank.Each pay period the
Finance Director, or his or her designee, shall furnish the Union President, or his or her
designee, with an accounting of the Union Leave Bank in the form of a Leave Hours
Balance Report. The report will include that pay period's beginning balance, new deposits,
hours used, and the remaining balance of hours.
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A Union member desiring to use available Union Leave must obtain a memo
authorizing the use of such leave from the President of the Union, or his or her designee.
The authorization must specify the amount of time that is to be used, and the business or
activity that it is to be used for. The memo authorizing the use of Union Leave time must
be attached to the time card in which the Union Leave time is requested. In no event will
Union Leave be used for any activity, whatsoever, related to a City of Rancho Cucamonga
City Council election and/or City of Rancho Cucamonga ballot measure.
Once approval is obtained, and if time is available in the Union Leave Bank,
the Union member shall designate the time used on the time card for the pay period as
"Union Leave" and attach the memo approving the use of the time to the time card. The
Union member shall be paid at his or her regular rate of pay for each such time. Union
Leave may only be used in increments of one hour. If the Union member will be absent
from work on Union Leave, the member must follow the rules and procedures set forth
in the Situational Staffing Policy (1-012).
In the event the Union is dissolved or the Union Leave Bank is discontinued
by agreement of the parties, any remaining balance shall be distributed as vacation time
evenly to all active employees of the Union at the time of such distribution. The distribution
of hours will occur without regard to an individual employee's regular rate of pay.
At any time should the District's budget analysis indicate a need to reduce
administrative overtime programs, the use of the Union Leave Bank can be temporarily
suspended by the Fire Chief, or his or her designee. The Fire Chief will analyze the use of
administrative overtime at the end of each quarter, using the following gauges: i) 1st
Quarter no more than 24%; ii) 2nd Quarter no more than 47%; iii) 3rd Quarter no more
than 74%; and iv) 4th Quarter within the adopted budget. If at the end of any quarter the
respective gauge is exceeded, the District will notify the Union President in writing of the
need to temporarily suspend the use of the Union Leave Bank, except for previously
approved uses. Such notification will become effective at the beginning of the next pay
period following the date of the notification. The District will analyze the overtime
expenditures every 60 days from the date of the written notification and will determine
when the temporary suspension can be removed. The temporary suspension will
automatically be removed at the beginning of the first pay period that falls into a new fiscal
year.
The District shall jointly administer the Union Leave Bank with the Union, as
specified herein, without charge to the Union or its membership. The District will be
provided, on an initial basis for all current employees, and following that on an ongoing
basis for new employees, written confirmation that the Union member(s) have agreed to
subject themselves to the Union Leave Bank requirements.
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§ 14. Natal and Adoption Pay
A. Natal and Adoption Leave with Pay
Employees are granted up to 2 days natal and adoption leave with pay
for the birth or adoption of a child, however, use of the two paid days does not extend
any time charged under FMLA or CFRA. Any paid time required beyond this initial 2 days
must be charged to sick leave, vacation, compensatory or floating holiday time.
B. Natal and Adoption Leave without Pay
The District shall provide employees up to four months natal and
adoption leave for the birth or adoption of a child; such leave shall be pursuant to the
provisions of the California Pregnancy Disability Act ("PDA"; California Government
Code section 12945), if applicable. The District's PDA policy is incorporated herein by
reference. Employees on this leave of absence without pay beyond the four-month
period will be responsible for the payment of medical, dental and optical premiums to
keep the coverage inforce during the leave of absence.
§ 15 Family and Medical Leave
Unit employees may be eligible to take a leave of absence of up to twelve
weeks for certain reasons under the provisions of the federal Family and Medical Leave
Act (FMLA). The District has developed a separate policy to comply with this law. The
FMLA policy is incorporated herein by reference.
ARTICLE IV GRIEVANCE PROCEDURE
§ 1. 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, misapplication, or
noncompliance with existing District codes, resolutions, rules, regulations, or this
document. This grievance procedure shall not apply to disciplinary matters or to
reviews of performance evaluation reports or to discharge of probationary employees.
Disciplinary matters include all warnings,written reprimands,suspensions, reductions in
pay, demotions, dismissal or any other action which consists of taking of property as
said term is defined by the courts in the disciplinary context.
§ 2. Objectives
The grievance procedure is established to accomplish the following
objectives:
A. To settle disagreements at the employee-supervisor level, informally if
possible.
B. To provide an orderly procedure to handle grievances.
C. To resolve grievances as quickly as possible.
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D. To correct, if possible, the cause of grievances to prevent future similar
complaints.
E. To provide for a two-way system of communication by making it
possible for levels of supervision to address problems, complaints, and questions raised
by employees.
F. To reduce the number of grievances by allowing them to be expressed
and thereby adjusted and eliminated.
G. To promote harmonious relations generally among employees, their
supervisors and the administrative staff.
H. To assure fair and equitable treatment of all employees.
§ 3. General Provisions
A. Preparation of a grievance will be accomplished in such a manner and
at a time that will not interfere with normally required work procedures.
B. Regarding a pending grievance, no individual or entity acting on behalf
of the grievant shall contact any individual member of the Board of Directors, nor the
Board of Directors as an entity, verbally, in writing, and/or through any other means of
verbal, written or electronic communication.
C. Failure of the grievant to comply with time limitations specified in the
grievance procedure shall constitute a withdrawal of the grievance, except upon a showing
of good cause for such failure. Failure of District supervisory or administrative staff to
comply with specified time limitations shall permit the grievant to proceed to the next step
in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is
permitted with the mutual consent of both parties. Mutually agreed upon extensions of
time shall be evidenced in writing.
D. In the event a grievant elects to represent himself or herself or is
represented by counsel other than that provided by the employee organization, the
employee organization shall be apprised of the nature and resolution of the grievance if
the issues involved are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period
specified in these procedures, time limitations can be extended by mutual agreement of
the representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking
of any action exclude weekends and holidays. A "day" as used in this Article shall mean
a calendar day. If the last date to take action falls on a day that administrative offices
are closed, the last date for action shall be extended to the next day during which
administrative offices are opened.
§ 4. Informal Grievance Procedure
Most problems or complaints can be settled if the employee will promptly,
informally and amicably discuss them with his or her immediate supervisor. Such an initial
discussion shall precede any use of the formal grievance procedure. If the
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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.
§ 5. Formal Grievance Procedure
A. Step I
The employee and/or representative shall present the grievance, in
writing and signed, to his or her immediate supervisor within thirty (30) 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 or her decision in writing to
the employee within ten (10) days after receipt of the grievance. The employee shall have
the right to appeal the decision of the supervisor to the Fire Chief.
B. Step II
1. If the grievance is not resolved to the satisfaction of the employee,
the grievant has ten (10) days following receipt of the written response from his or her
supervisor to file a written appeal to the Fire Chief or designated representative.
2. Written appeal to the Fire Chief or designated representative shall
consist of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the employee's supervisor
did not satisfactorily resolve the grievance and an indication of the action desired by the
grievant.
3. After submission of the written appeal, the Fire Chief or designee
shall reply within three (3) days, in writing, to the grievant regarding the grievance. In
event of rejection, reasons for so doing will be included in the response.
4. The decision by the Fire Chief or designee shall address whether or
not the grievance of the employee is grievable pursuant to the definition set forth in § 1
above and/or is timely filed or otherwise administratively prosecuted in a timely manner.
In the event that the Fire Chief or designee determines that the employee's grievance is
not defined as such by § 1 above and/or is not timely filed or otherwise administratively
prosecuted in a timely manner, the Fire Chief or designee shall advise the employee
that the matter is not grievable and the grievance shall proceed no further unless or until
on application by the employee, a judgment is entered at the trial court level, indicative of
the matter being jurisdictionally grievable pursuant to the definitions set forth in§ 1 above
and/or pursuant to requirements of timeliness.
C. Step III
If the grievance is not settled in Step II, binding arbitration may be
invoked in accordance with the following:
1. The request for arbitration must be submitted within either ten (10)
days of receipt of the decision of the Fire Chief, or of expiration of time for the Fire Chief
to render a decision.
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2. A "Fact Sheet" must be submitted to the arbitrator by both parties,
stating the nature of the grievance and desired action.
3. The term "arbitrator," as used herein, shall refer to a single
arbitrator.
4. 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 (1) candidate. The turn shall then revert to the other side,
who then can exercise the same option. This procedure continues until either an arbitrator
is agreed upon or there is only one (1) candidate remaining.
5. 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.
6. 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.
7. 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.
8. Legal counsel may be obtained by either party if they so wish.
Expenses for legal counsel shall be borne by the party obtaining such counsel.
9. 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.
10.The decision of the arbitrator shall be final and binding upon District
and appellant.
ARTICLE V DISCIPLINE
District and Union have met and conferred and adopted a disciplinary procedure which
is hereby incorporated by reference as though set forth infull.
ARTICLE VI SAFETY
§ 1. Compliance
District and employees in the Association shall conform to and comply with
all health, safety, and sanitation requirements imposed by District, state or federal law
or regulations adopted under state or federal law.
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§ 2. No Discrimination
No employee shall be in any way discriminated against as a result of
reporting any condition believed to be a violation of Section 1 of this Article V.
§ 3. Safety Equipment
Should the employment duties of an employee in the unit, in the estimation
of OSHA, require use of any equipment or gear to insure the safety of the employee or
others, District agrees to furnish such equipment or gear.
§ 4. Employee Responsibility
In the course of performing their normally assigned work, employees will
be alert to observe unsafe practices, equipment, and conditions; as well as
environmental conditions in their immediate area which represent health hazards and
will report such conditions to their immediate supervisor. All employees shall make
certain that all power machinery is equipped with safety devices properly installed and
inworking condition and that co-workers use utmost care in the handling of tools and
equipment. Employees shall report all accidents immediately to their immediate
supervisors. Reports shall be submitted on forms provided by District.
§ 5. Minimum Staffing
The District shall maintain a minimum staffing level. Staffing of companies
and units with 28 personnel shall consist of the following:
A. Seven-three (3) person paramedic engine companies and two-three
(3) person paramedic rescue or truck companies, consisting of 1 Captain, 1 Engineer
and 1 Firefighter with any one rank being a certified paramedic.
B. One (1) Captain Specialist
Any reduction in these levels must be agreed upon through the meet and
confer process.
§ 6. Smoking Policy
Employees in Union have agreed to accept and abide by the District
"Smoking Policy," as written and approved by the Chief.
§ 7. Weather Related Mandatory Recall
The definition of the High Wind Warning, Red Flag Warning and Flash Flood
Warning shall be made by the Fire Chief or his/her designee as follows:
A. High Wind Warning: winds are sustained at 40 mph or more, and/or
gusts are present at 58 mph or more and are expected in less than one day (24 hours).
B. Red Flaa Warning: winds are sustained at 25 mph or more and relative
humidity is less than 15%, with conditions persisting more than six(6) hours and expected
in less than one day (24 hours). This can also be released without the wind component
for weather that is less than 10% relative humidity for longer than 10 hours.
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C. Flash Flood Warning: rain is sustained at Yi"an hour, for longer than 1
9g
hour, or Y4" per hour, for longer than 4 hours.
When a warning is determined, the duty Battalion Chief shall have the
authority to staff additional apparatus in conjunction with consultation from the Deputy
Chief or Fire Chief.
Apparatus shall be utilized as best determined by the duty Battalion Chief
or his/her designee.
Staffing procedures shall be as follows:
1. If time permits, the on duty Battalion Chief may contact the fire stations
to solicit volunteers for the staffing of units as needed.
2. Ifno volunteers are available or additional personnel are needed, the on
duty Battalion Chief shall utilize the force hire list in Telestaff to recall personnel as staffing
levels dictate. For additional staffing procedures, refer to Situational Staffing and Overtime
Tracking Policy#1-012.
3. The on-duty Battalion Chief may hold off going personnel until the
individuals on the force hire list are contacted and arrive at their scheduled assignment.
Once relieved, the individuals held over shall be released from their assignment.
4. All personnel who are assigned for these circumstances shall remain in
their assigned position until the Battalion Chief or designee dictates that the potential
threat has subsided, or are relieved by personnel for the next operational period.
5. The overtime rate and time frames shall be paid per Section 3 D in the
MOU.
ARTICLE VII MANAGEMENT RIGHTS
§ 1. Scone of Rights
It is understood and agreed that District possesses the sole right and
authority to operate and direct the employees of District in all aspects, except as modified
in this Memorandum of Understanding. These rights include, but are not limited to:
A. The right to determine its mission, policies, and standards of service to be
provided to the public;
B. To plan, direct, control, and determine the operations or services to be
conducted by employees of District;
C. To determine the methods, means, and number of personnel needed to
carry out District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District;
F. To promote, suspend, discipline, or discharge employees;
Fire Union MOU 2017-19.doc 31
G. To layoff or relieve employees due to lack of work or funds or for other
legitimate reasons. (Any provision within this MOU, City rules or regulations or any other
policy or procedure promulgated by the City or any Department of the City which prohibits
the imposition of layoffs, is deemed null and void);
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
1. To contract out for goods and services;
K. To take any and all actions as may be necessary to carry out the
mission of District in situations of civil emergency as may be declared by the Board of
Directors or Fire Chief;
L. To schedule and assign work;
M. To establish work and productivity standards.
§ 2. Emeraencv Conditions
If in the sole discretion of the Board of Directors or Fire Chief it is determined
that extreme civil emergency conditions exist, including, but not limited to, riots, civil
disorders, earthquakes, floods, or other similar catastrophes, the provisions of this MOU
may be suspended during the time of the declared emergency, provided that wage rates
and monetary fringe benefits shall not be suspended.
' ARTICLE VIII MAINTENANCE OF BENEFITS
All wages, hours and terms and conditions of employment specifically provided
for in this memorandum of understanding, shall remain in full force and effect during the
term of the MOU, unless modified pursuant to written agreement of the parties.
ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS
This MOU is subject to approval by the Board of Directors of District. The parties
hereto agree to perform whatever acts are necessary both jointly and separately to urge
the Board to approve and enforce this MOU in its entirety. Following approval of this MOU
by the Board, its terms and conditions shall be implemented by appropriate ordinance,
resolution, or other lawful action.
ARTICLE X PROVISIONS OF LAW
It is understood and agreed that this MOU and employees are subject to all current
and future applicable Federal and State laws and regulations and the current provisions
of District law. If any part or provisions of this MOU is in conflict or inconsistent with such
applicable provisions of those Federal, State, or District enactments or is otherwise held
to be invalid or unenforceable by any court of competent jurisdiction, such part or
provision shall be suspended and superseded by such applicable law or regulations, and
the remainder of this MOU shall not be affected thereby. If any substantive part or
provision of this MOU is suspended or superseded, the parties agree to re-open
negotiations regarding the suspended or superseded part or provisions with the
understanding that the total compensation to employees under this MOU shall not be reduced
or increased as result of this Article.
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The District and the Union recognize that under this MOU and in personnel matters
not covered in this contract, the current District Personnel Rules as amended and
effective shall apply. The Personnel Rules applicable to the Union shall not be changed
for the duration of this Agreement.
ARTICLE XI TERM
The term of this MOU shall run from July 1, 2017 through and including 11:59
p.m. on June 30, 2019. In the event either party wishes to negotiate a successor MOU,
the parties agree that negotiations shall commence on or about July 1, 2018.
Union District
Z-D 6/07
Dat-s Dated
c ,
Mike McCliman, President John Gillison, Chief Executive Officer
/,
Robert Neiuber, Hum-n esou ces Director
Approved by action of the Board of Directors the day of ,2017.
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