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Home My WebLink About17-004 - Resolutions RESOLUTION NO. FD 17-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT AND FIRE MANAGEMENT EMPLOYEES GROUP 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 Fire Management Employees Group (Group) have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to wages, benefits and other terms and conditions of employment; and WHEREAS, Representatives of the District and the Group have agreed upon and present to this Board a Memorandum of Understanding pertaining to the Group, 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 of this Resolution, the attached Memorandum of Understanding entered into by and between District representatives and the Group for the period July 1, 2017 through June 30, 2019 and 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. PASSED, APPROVED AND ADOPTED this 21st day of June, 2017. L. ehnis Michael, Pre 'dent ATTEST: • J ' e C. Reynolds, Secre ry 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 21st day of June 2017. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Kennedy ABSTAINED: None Executed this 22nd day of June, 2017, at Rancho Cucamonga, California. J ice C. Reynolds, Sec tary MEMORANDUM OF UNDERSTANDING RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND RANCHO CUCAMONGA FIRE PROTECTION DISTRICT FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP 2017-2019 TABLE OF CONTENTS Page PREAMBLE ..................................................................................................................... 1 ARTICLEI RECOGNITION............................................................................................. 1 ARTICLE II COMPENSATION......................................................................................... 1 § 1 Salary Ranges................................................................................................ 1 § 2 Salary Plan ............................................................................................................2 A. Salary Ranges ..............................................................................................2 B. Deferred Compensation................................................................................ 6 §3 Work Periods and Overtime ............................................................................6 A. Work Periods................................................................................................6 B. Work Shifts....................................................................................................7 C. Flex Time...................................................................................................7 D. 4/10 Schedule...............................................................................................7 E. Overtime Pay ................................................................................................7 F. Call Back.......................................................................................................8 §4 Uniform Allowance..........................................................................................8 §5 Employee Group Insurance...............................................................................8 A. Health Insurance...........................................................................................9 B. Dental Insurance...........................................................................................9 C. Vision Insurance.............................................................................................. 9 D. Life Insurance................................................................................................9 §6 Education Incentive ........................................................................................... 10 § 7 Retirement Plan................................................................................................. 10 A. Benefits: Safety Members............................................................................. 10 B. Benefits: Miscellaneous Members ................................................................ 13 §8 Work Related Injuries.................................................................................... .15 § 9Carpooling .....................................................................................................16 § 10 IRS 125 Plan.................................................................................................. .16 § 11 Voluntary Employee Benefit Association.......................................................16 ARTICLE III LEAVES...................................................................................................17 § 1 Holidays........................................................................................................ .17 §2 Holiday Facility Closure ..................................................................................18 §3 Vacation Leave ..............................................................................................18 §4 Sick Leave .....................................................................................................20 A. Full-time Employees.................................................................................... .20 §5 Conversion Factor..........................................................................................21 i Fire MEG 2017-19 §6 Personal Leave ........................................................................................... 22 §7 Bereavement Leave .................................................................................... 22 A. 40-hour Personnel......................................................................................22 B. Shift Personnel............................................................................................22 C. Immediate family is defined as: ................................................................ 23 §8 Compensatory Time .................................................................................... 23 §9 Administrative Leave.................................................................................... 23 §10 Military Leave ......................................................................................... 23 § 11 Jury Duty ...................................................................................................24 § 12 Civil Subpoena/Criminal Subpoena .............................................................. 24 A. Civil Subpoena ........................................................................................... 24 B. Criminal Subpoena..................................................................................... 25 § 13 Leaves of Absence without Pay .................................................................25 § 14 Natal and Adoption Pay.............................................................................26 ARTICLE IV GRIEVANCE PROCEDURE..................................................................... 26 § 1 Purpose................................................................................................................26 § 2 Objectives.............................................................................................................26 § 3 General Provisions......................................................:............................... 27 § 4 Informal Grievance Procedure .................................................................... 28 § 5 Formal Grievance Procedure ...................................................................... 28 A. Step I ............................ ............................................................................. 28 B. Step 11......................................................................................................... 28 C. Step III ....................................................................................................29 D. Step fV................................................................................................. 29 ARTICLE V DISCIPLINE.............................................................................................. 31 ARTICLEVI SAFETY................................................................................................... 31 § 1 Compliance ..................................................................................................... 31 §2 No Discrimination .........................................................................................31 §3Safety Equipment.................:.......................................................................31 §4 Employee Responsibility ........... ...........................................................................31 §5 Smoking Policy................................................................................................ 31 ARTICLE VII MANAGEMENT RIGHTS........................................................................ 32 § 1 Scope of Rights...............................................................................................32 § 2 Emergency Conditions................................................................................. 32 ARTICLE VIII MAINTENANCE OF BENEFITS ............................................................ 33 Fire MEG 2017-19 ARTICLE IX APPROVAL BY THE BOARD OF DIRECTORS ..................................... 33 ARTICLE X PROVISIONS OF LAW............................................................................ 33 ARTICLE XI TERM....................................................................................................... 33 ARTICLE XII NEGOTIATION OF SUCCESSOR MOU................................................ 33 Fire MEG 2017-19 iii PREAMBLE This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and between the Rancho Cucamonga Fire Protection District("District"hereinafter), and the Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group (" Fire MEG" 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 A. Pursuant to the provisions of existing rules and regulations and applicable State law, District hereby acknowledges Fire MEG as the exclusive recognized employee organization for the representation unit, which includes all management employees of the District, who are employed on a full-time basis. The classes represented include Fire Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal. B. Fire MEG represents the classification of Fire Chief. However,Fire Chief is an at- will position, not subject to Article IV or V of this MOU or the District's Personnel Rules. At-will positions may be terminated at any time with or without cause or notice at the will of the City Manager or Rancho Cucamonga Fire Protection District in its sole discretion and without any right due process or appeal right. Furthermore, the Fire Chief is precluded from acting as a Fire MEG representative or being a member of the Fire MEG Board. ARTICLE II COMPENSATION §1 Salary Ranges A. 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. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A survey of the identified labor market cities will be completed, reviewed by Fire MEG and District, and used as the comparison basis for any negotiations regarding market equity adjustment and cost of living adjustment. The survey will be completed and availablefor review by District and Union no later than December 1 of the year priorto 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 inforce as of the following July will also be surveyed and reported bythe December 1 date. 1 Fire MEG 2017-19 C. Survey Elements 1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion Chief step; 2. Agency pick-up of member contributions to the Public Employees' Retirement System ("PERS"), employer contribution to PERS, net of any employee cost sharing; 3. Uniform pay; 4. Maximum employer contribution to medical, dental, vision, and long term disability plans for new employees; and 5. Any other incentive or premium that 50% or more of the individuals in a given classification at an agency are eligible to receive, if it is 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. 5 are met. For comparison purposes in determining a market average, the high and low agency (of those 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 low agency, 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 ("OPEB") costs play a significant factor in the ability of the District to implement any survey element. 2 Fire MEG 2017-19 Survey Example: 1. Look at a particular benefit at the maximum level achievable (in this example highlighted in yellow for each City): Chino Valley Fire District 7% City of West Covina Benefit X 3% or 5% City of Riverside Benefit X 5%, 10% or 15% City of Pasadena Benefit X 3% or 6% City of Ontario NIA City of Corona Benefit X 2% 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% + CVFD 7%)/ 3= 6%). 4. Thus Benefit X for market comparison purposes is assumed to be 6%. § 2 Salary Plan A. Salary Ranges Effective the July 1, 2017, "A" step will be removed from the salary range and all the ranges will be moved down by one. "B" step will become "A" step and the pay will remain at the current "B" step. No changes to the employees pay rates will result from these changes. The base salary for Fire Chief, Deputy Fire Chief shall consist of ranges having seven (7) steps, labeled A through G, with approximately five percent (5%) between each step. The base salary for Battalion Chief and Fire Marshall shall consist of ranges having six (6) steps, labeled A through F,with approximately five percent (5%) between each step. The salary for Fire Marshal shall be set at 7.26% above the 40 hour a week Fire Battalion Chief. Placement within the range shall be in accordance with the following: 1. Salary on A000intment Newemployees shall be compensated at Step "A"ofthe 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 uponjob 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. 3 Fire MEG 2017-19 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 six (6) months of service. Subsequent review dates shall fall upon the completion of twelve (12) month service intervals from the first merit salary review. c. The granting of an official leave of absence of more than thirty(30) continuous calendar days, other than military leave, shall cause the employee's merit salary review date to be extended the number of calendar days the employee was on leave. d. If, in the supervisor's judgment, the employee's performance does notjustify a salary increase on the review date, the employee shall be reevaluated before the expiration of six (6) months dating from the employee's review date. If the period of postponement exceeds three (3) months and the employee receives a salary increase,the employee shall be assigned a new review date based on the date the increase was granted. e. Authorized salary step increases shall become effective at the beginning of the pay period nearest the employee's review date. f. Should an employee's review date be overlooked, and upon discovery of the error, if the employee is recommended for a salary increase,the employee shall receive a supplemental payment compensating him or herfor the additional salary the employee would have received had the increase been granted at the appropriate time. g. The normal merit salary increase shall be one (1) step granted in accordance with the preceding. However, to reward outstanding achievement and performance, the Fire Chief may grant one (1) additional step increase not to exceed one (1) step in any six (6) month period. h. In order to address a situation wherein application of this section would result in the inequitable treatment of employees and upon the recommendation of the Fire Chief and approval of the Board, an employee may be placed at any step in the salary range for his or her class. 3. Salary on Promotion An employee, who is promoted to a position in a class with a higher salary range than the class inwhich 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 herbase salary rate, provided that noemployee may receive a rate in excess ofthe final step of the promotional class. Ifthe 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: 4 Fire MEG 2017-19 a. Disciplinary demotion - any designated salary step in the lower salary range which will result in the employee's receiving at least a five percent (5%) reduction in pay. b. Non-disciplinary demotion -that salary step he or she would have received in the lower class if his or her services had been continuous in said lower class. 5. Salary on Transfer An employee who is transferred from one position to another in the same class or to another position in a similar class having the same salary range shall receivethesame step inthe salary range previously received andthe meritsalary 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. If the salary of the employee is the same or less than the maximum ofthe salary range ofthe new class and the salary range ofthe 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 salarystep in the range of the class at 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. b. Work in the higher class at leastfifteen (15)consecutive workdays, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity, sixth (6th) shift for employees working twenty-four (24) hour shifts. c. In any instance where it is reasonably anticipated at the commencement of the acting assignment that the assignment is likely to extend beyond 5 Fire MEG 2017-19 fifteen(115)consecutive workdays orf ive(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 aclass is reassigned to either a higher orlowersalary 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 inthe former range. 11. Training Officer Assignment Pav When assigned on a 40 hour schedule as the Department Training Officer, the Battalion Chief shall receive additional compensation calculated as 7.26% of Step E of the 40 hour Battalion Chief salary. This compensation shall be in addition to the regular compensation paid to the employee. Training Officer assignment is only for safety employees performing as the Training Officer at 7.26% of the step the employee is currently earning. 12. Bi-Linqual 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 Korean languages. B. Deferred Compensation A District-paid contribution to Deferred Compensation Plan shall be provided as a percentage of monthly base salary as-follows: Fire Chief 6% Deputy Fire Chief 4% Battalion Chief and Fire Marshal 2% §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 Off On Off On Off Off Off Off On Off On Off On Off On Off Off Off Off Off Off 2. The pay period for shift personnel is fourteen (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 for non-exempt employees being time worked in excess of forty (40) hours in the period. 6 Fire MEG 2017-19 B. Work Shifts 1. All twenty-four (24) hourwork shifts begin at 0800 and end at 0800 the following day. 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. C. Flex Time 1. The work schedules of employees assigned to other than fire suppression are subject to change depending on needs of the District or the desires of the concerned employee(s) (see item 3.) 2. The District shall not change work schedules when the sole purpose of the change is to avoid payment of time and one-half (1.5)for overtime. This however, is not to be interpreted as preventing a schedule change upon the mutual agreement of the District and affected employee. 3. Employees may request schedule changes to address personal interests. Whenever possible such requestswill be accommodated, provided however,that the needs of the District, as determined by the District, will take precedence over employee preferences. cause. 4. The Districtwill notaffect schedule changes butforgood and sufficient 5. Management employees shall beallowed towork a flexible workweek upon the approval of their supervisor. D. 4/10 Schedule With the 4/10 implementation, employees who experience hardship due to child care issues, may request alteration of their schedule by taking a %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 intotheir normally assigned workplace are eligible to leave 1/2 hour early from work or arrive 1/2 hour late. E. 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. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and one-half (1.5) rate of pay. 3. 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. 4. For the purpose of this section, work time shall not include traveling to or from the normal work site. 5. All non-exempt full-time employees who are called back to work from off- duty as a result of an emergency, shall be paid at the rate of time and one-half (1/2) for any 7 Fire MEG 2017-19 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 (1/2) hour increments (fifteen (15) minutes work shall constitute one-half (1/2) hour). Time spent in traveling to and from the work site shall be compensated in accordance with FLSA. Employees required (held over) to work more than (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. 6. The Deputy Chief will be paid an amount equal to State and/or Federal reimbursements received bythe District for the work performed through State and/or Federal requests for hours worked beyond the normal forty (40) hour work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay, provided the Deputy Chief is acting in a management capacity consistent with their normal position under the Fair Labor Standards Act. The requisite amounts equal to the time worked beyond the normal forty (40) hourwork week will be paid to the Deputy Chief during the pay period in which the work performed through State and/or Federal requests for hours worked beyond the normal forty (40)hour work week (e.g. strike teams) occurs. This section is intended to allow a Deputy Chief to lead a strike team, if necessary, as would a regular shift Battalion Chief, without having to use accrued vacation leave. F. 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 off-duty hours. This section is not to be interpreted as requiring said minimum inthe event of an extended work day orwhen the employee begins his or her regular work shift before the normal starting time. §4 Uniform Allowance A. The District will provide three (3) sets of work uniforms for each employee who is required towear a uniform priorto his or her starting date. The value of these initial uniforms provided shall be reported to. CalPERS as compensation in accordance with applicable CalPERS requirements. Suppression members must buy their own Class A uniforms at the completion of probation. B. The District stipulates that its goal on Uniform Allowance is to provide for the purchase of uniform articles as specified in the District's rules and regulations, to a maximum of$1,500 Annually per employee for the purchase of four (4) uniforms to start. The Uniform Allowance will be paidconcurrent with the first full pay period after the beginning of the new fiscal year, in a separate check from the regular paycheck. §5 Employee Group Insurance District agrees to provide group insurance plans in accordance with the following: A. Health Insurance 1 . District will provide medical insurance through the State of California Public Employee's Medical and Hospital Care Program. 8 Fire MEG 2017-19 2. District will provide fully paid employee and family health insurance for all full time continuous and retired employees who were hired before November 17, 1994. 3. District will provide fully paid employee and family health insurance for all continuous employees hired after November 17, 1994, at the lowest, fully paid insurance plan which is made available to affected employees and which is offered by the Public Employees Medical and Hospital Care Program. As of March 5, 2014, the parties understand that PEMHCA is addressing the implications ofthe 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 inthe 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 full-time continuous employees hired after November 17, 1994,who want to maintain medical insurance through the State of California, Public Employees Medical and Hospital Care Program, upon their retirement, shall be responsible for paying their own premiums. 5. Upon the written request of the employee, along with verification that their spouse and/or family can provide full health insurance, cash compensation in lieu of medical benefits in the amount of $200.00 for single employees or $300.00 for employees with dependents, may be provided to the employee. Selection of compensation shall beat the employee's discretion. The employee may reenter the District's health plan at any time. 6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations on the issue of health insurance benefits to address changes to or the statutory scheme that may result from an interpretation of the ACA and in order to avoid penalties or taxes under the ACA or other stature 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 provide fully paid employee and family dental insurance plan for all full-time continuous employees. C. Vision Insurance The District shall continue to provide vision care coverage for all full time continuous employees with a maximum payment not to exceed $22.25 a month. Employees agree to contribute 0.02% of their salary adjustment tofund their contribution of $2.00 a month for vision insurance. The above amount of$22.25 includes the employees' contribution. The employee shall pay the cost of vision insurance in excess of $22.25. Inthe event that vision insurance premiums exceed $22.25 duringtheterm of the contract, the District shall provide advanced noticeto the representatives, if possible, at least thirty (30) days. 9 Fire MEG 2017-19 D. Life Insurance District shall provide a fully paid $50,000 life insurance policy for all Fire MEG members. §6 Education Incentive The Districtshall provideto employees an educational incentive equaltothe 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 Chiefs determination regarding eligibility for an education incentive shall be final. The Fire Chiefs 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. §7 Retirement Plan A. Benefits: Safety Members District is enrolled in the State of California Public Employee's Retirement System. Except as described herein, all benefits provided District employees under the District's Plan are paid by the District. Present benefits for public safety employees include the following: 1. Employees hired prior to July 9 2011 §21362.2 3% at 50 Full Formula § 21574 4th Level 1959 Survivor §20042 1 Year Final Compensation District pays and reports 9% normal PERS member contributions by Resolution. Beginning the first full pay period in July 2016, employees hired prior to July 9, 2011, shall pay a total of five (5%) percentage points of the normal CalPERS employer contribution. In addition to the five percentage points (5%) as outlined above, employees hired prior to July 9, 2011 , shall contribute towards the employer share of CalPERS in accordance with the following schedule: 10 Fire MEG 2017-19 • Beginning the first full pay period in July 2017, employees hired prior to July 9, 2011, shall pay one percentage point (1%) in addition to the five percentage (5%) points outlined above, for a total of six (6%) percentage points of the normal CalPERS employer contribution. Beginning the first full pay period in July 2018, employees hired prior to July 9, 2011, shall pay one percentage point (1%) in addition to the six percentage (6%) points outlined above, for a total of seven (7%) percentage points of the normal CaIPERS employer contribution. Beginning the first full pay period in July 2016, employees in the Fire Chief position, hired prior to July 1, 2011, shall pay a total of eight (8%) percentage points of the normal CaIPERS employer contribution. In addition to the eight percentage point (8%) as outlined above, employees in the Fire Chief position, hired prior to July 1, 2011, shall contribute toward the employer share of CalPERS in accordance with the following schedule: • Effective July 1, 2017: An additional 1% of pay towards the CalPERS employer contribution, for a total of nine (9%) percentage points of the normal CalPERS employer contribution. Effective July 1, 2018: An additional 1% of pay toward CalPERS employer contribution, for a total of ten (10%) percentage points of the normal CalPERS employer contribution. 1. Employees hired on or after 7/9/11 and through 12/31/12, and Classic PERS members, as defined by PERS, who are hired on or after January 1,2013: §21363.3 3%@55 Full Formula § 21574 4th Level 1959 Survivor §20037 3Year Final Compensation District pays and reports 8% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). Beginning the first full pay period in July 2016, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay four percentage points (4%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2017, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay five percentage points (5%) of the normal CaIPERS employer contribution, in addition to the portion of the Member's contribution by resolution. II Fire MEG 2017-19 Beginning the first full pay period in July 2018, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay six percentage points (6%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2016, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay seven percentage points (7%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2017, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay eight percentage points (8%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution by resolution. Beginning the first full pay period in July 2018, employees in the Fire Chief position, hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay nine percentage points (9%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution by resolution 2. Employees who are New PERS Members, as defined by PERS,who are hired on or after January 1 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2.7% at 57 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 11.5% of reportable compensation. This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. It is understood that all contributions paid by the employee as described in Parts 1 through 2 above shall be calculated based upon the pay rate (ie, full base salary of the employee), plus any additional special compensation, including any Employer Paid Member Contributions (EPMC), and as described above in Part 3 above, on the pensionable compensation as defined in the California Public Employee's Pension Reform Act of 2013 ("PEPRA"). 12 Fire MEG 2017-19 The District pays EPMC for the various "Tiers' as outlined above and reports the value of EPMC payments as special compensation. The parties agree that to the extent permitted by law, this is special compensation and shall be reported as such pursuant to Title2 CCR, Section 571 (a)(1)(F) as Value of Employer-Paid Member Contributions. The parties also agree that the District has no additional obligation or costs should CaIPERS, the State or the IRS determine otherwise. The District adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis to the extent permitted by law or IRS regulation. All employee payments of the employer share are done pursuant to Government Code Section 20516(f). There shall be no sunset date to any provision in Article If Section 7 Retirement Plan. B. Benefits: Miscellaneous Members 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 miscellaneous employees include the following: 1. Employees hired prior to July 9 2011: § 21354.4 2.5%@55 Full Formula §21574 4th Level 1959 Survivor §20042 1 Year Final Compensation District pays and reports 8% normal PERS member contributions by resolution. Employees hired prior to July 9, 2011, willcontribute toward the employer share of CalPERS in accordance with the following schedule: Effective July 1, 2015: Total of 3%of pay toward employer share 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 three percentage (3%) points outlined above, for a total of four (4%) percentage points of the normal CalPERS 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 4 percentage (4%) points outlined above, for a total of five (5%) percentage points of the normal CaIPERS employer contribution. 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. Additional benefits for affected employees include the following: Sec. 20691 Employer Payment of Member Contributions (based on hire date) 13 Fire MEG 2017-19 • Sec. 20636 (c) (4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 2. Em to ees hired on or after 7/9/11 andthrou h 12/31/12 and Classic PERS members. as eine v . who are ire on or er anuary §21354 2%@55 Full Formula §21574 4th Level 1959 Survivor §20037 3 Year Final Compensation District pays and reports 6% normal PERS member contributions; employee pays 1% of the member contribution by resolution. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre- tax basis per IRC 414(h)(2). In addition to the member contribution of 1% in accordance with the preceding paragraph, employees hired on July 9, 2011 andthrough December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, will contribute toward the employer share of CalPERS in accordance with the following schedule: • Effective July 1, 2015: Total of 2% of pay toward employer share Beginning the first full pay period in July 2017, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay one percentage point (1%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution outlined above, for a total of three (3%) percentage points of the normal CalPERS employer contribution. Beginning the first full pay period in July 2018, employees hired on July 9, 2011 and through December 31, 2012, as well as Classic PERS members who are hired on or after January 1, 2013, shall pay one percentage point (1%) of the normal CalPERS employer contribution, in addition to the portion of the Member's contribution outlined above, for a total of four (4%) percentage points of the normal CalPERS employer contribution. The District will adopt a resolution providing that all employee CalPERS contributions to the employer share pursuant to this section shall be deducted on a pre-tax basis. Additional benefits for affected employees include the following: • Sec. 20691 Employer Payment of Member Contributions(based on hire date) • Sec. 20636 (c) (4) Reporting of Employer-Paid Member Contribution (EPMC) as Special Compensation • Sec. 20965 Credit for Unused Sick Leave 14 Fire MEG 2017-19 3. Employees who are New PERS Members, as defined by PERS, who are hired on or after January 1, 2013: Employees are classified as New Members of PERS when they meet the definition of a "new member" for purposes of retirement pension benefits pursuant to the Public Employees Pension Reform Act of 2013. Generally, this includes employees that were hired into a regular position on or after January 1, 2013 or former PERS members who have more than a six-month break in service. CalPERS ultimately determines who is a new member in compliance with the law. Employees who are classified as New Members shall be eligible for the 2% at 62 Formula, 3 year final compensation average. The employee contribution for new members shall be one-half the normal cost, as determined by CalPERS. As of the effective date of this MOU, the required employee contribution for new members is 6.5% of reportable compensation.This amount will be adjusted periodically by CalPERS, and the District employee contribution adjusted accordingly per state statute. The District has adopted a resolution providing that all employee CalPERS contributions shall be deducted on a pre-tax basis per IRC 414(h)(2). 4. PARS The Supplemental Benefitthrough PARS Phase II Retirement System is provided to all miscellaneous employees hired by December 31 , 2012. 5. Thefollowing benefit isavailableto safety personnel atemployee cost: §20930.3 Military Service as Public Service §8 Work Related Injuries Safety Employees are entitled to full salary and benefits for up to one (1) year, when they sustain an on-the-job work related injury (see California Labor Code § 4850 for provisions). 4850 covers only safety personnel. Temporary disability payments received during any injury period shall be returned to District. Any Miscellaneous (Non-Safety) employee within the bargaining unit covered herein who is receiving disability payments under the "Workers Compensation Act of California" for on-the-job injuries sustained while engaged in the performance of duties of any such District position, shall receive from the District during the first three months of such disability absence, payments in an amount equal to the difference between the disability payments received under Workers Compensation Act and the employee's full salary. Such payments by the District should be made without any deduction from accrued sick leave benefits. The District's obligation for such payments shall commence on the first (1st) day of such disability absence. In the event the employee's disability absence should exceed three months, an employee shall be allowed to supplement the Workers Compensation benefit received under State law with available accrued sick leave, accrued vacation leave, accrued compensatory time. The total number of leave hours, along with the Workers Compensation benefit, shall not exceed the employee's base pay for each day of the leave. For this purpose, accrued leave hours can only be used in one-hour increments. 15 Fire MEG 2017-19 § 9 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-timeemployees who voluntarily participate in and file a "ride share application agreement." Eligibility for ride share-related benefits is conditioned upon: 1. Each affected regular and full time employee shall ride share with another person(s) in a car or vanpool. 2. Inthe 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. Eligibilityforridesharebenefits shall beconditionedupon 1)theregularand full time employee so participating 60% of the total work days during a given month, 2) ride sharing for at least 60% of the commute distance, and 3) ride sharing between the hours of 6 and 10 a.m., Monday through Thursday. Individuals meeting the above qualifications shall earn$2 for every daythatthe 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. § 10 IRS 125 Plan A. City shall implement authorized pre-tax payroll deduction of out-of-pocket medical contribution premiums. Said pre-tax payroll deduction shall only be used forthe 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. B. The Districtagrees to providetechnical assistance(such as automatic payroll deduction,etc.)inthe event employees decideto expand this benefitfrom a"premium only plan" to a "flexible spending account' provided that those participating pay all costs incurred in expanding and maintaining this program. § 11 Voluntary Employee Benefit Association The City hasestablished 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 inthe plan according to a schedule to beestablished as an addendum tothis 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 16 Fire MEG 2017-19 Association, employee contributions may be amended once per year provided that such amendment is permitted by IRS regulations and in conformity with the Plan Document. ARTICLE III LEAVES § 1 Holidays A. Holidays are those days which District designates as observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of absence with pay. The holidays designated by District are as follows: 40 Hour Personnel 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) additional discretionary (floating) days may be taken by an employee at their 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. 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 Year's Day January 18......................... Martin Luther King's Birthday February 12 .......................Lincoln's Birthday February 22 ...................... Washington's Birthday May.................................... Memorial Day (last Monday) 17 Fire MEG 2017-19 B. Employees shall accrue holiday time as follows: Type of Per Maximum Accrual Holiday Annually Personnel Shift Personnel 12 hours 168 hours 216 hours 40 Hour Personnel 10 hours 140 hours 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 betaken as time off or be paid for by District. D. 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. E. Holiday time shall be accrued annually beginning with the first pay period of the fiscal year within the pay period which itoccurs. F. District will buy back all or part of accrued holiday time at the then current hourly rate to be paid out in the pay period prior to Thanksgiving, if request is made in writing and received by payroll three weeks prior to the payout pay period specifying holiday balance and exercising the option to sell back. G. Holidays may be used as scheduled time off with the approval of the supervisor. H. 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. I. 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. §2 Holiday Facility Closure Certain City Facilities may close each year in conjunction with the Christmas and New Year's holidays. Closure dates for City facilities shall be determined by the City in order to balance the impact on public services. During a holiday closure, affected represented employees may take paid leave from holiday, management leave, and compensatory time or vacation accruals or they may be reassigned to a facility that will remain open during the closure. § 3 Vacation Leave A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition of employment. 18 Fire MEG 2017-19 All full-time employees shall, with continuous service, accrue working days of vacation monthly according to the following schedule: 40 hour Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 85.72 hours 192.0 3.297 4-7 years 128.57 hours 272.0 4.945 8-10 years 171.43 hours 353.0 6.593 11-14 years 188.58 hours 353.0 7.253 15-19 years 205.72 hours 353.0 7.912 20-24 years 222.86 hours 353.0 8.572 25+ years 240.00 hours 353.0 9.231 Shift Personnel Years of Annual Maximum Pay Period Completed Service Accrual Accrual Accrual Rates 30 days-3 years 120 hrs 15 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 B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift employee; or receive 10 hours, if 40 hour employee. 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. E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996 are allowed to include prior years of all fire service employment. F. Each fiscal year, at the employee's written request, the District will "buy back"the total cash value of up to 100 hours of previous earned vacation leave. This buy back shall occur twice annually in a fiscal year, in November and April. Employees must maintain a minimum of 40 hours of accrued vacation subsequent to any payment ofvacation buy back time. 19 Fire MEG 2017-19 §4 Sick Leave Sick leave shall be used in case of a bona fide illness of the employee upon approval. Sick leave may also be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling, or any other member of the employee's immediate family as defined by District Personnel Rules, which is incapacitated and/or requires the service of a physician, and when the presence of the employee is required. At the conclusion of the need for time off to care for a family member, said employee shall return to work as soon as possible. The employee must give the immediate supervisor or Fire Chief reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this provision without good reason, may result in the employee being treated as absent without leave. The maximum number of hours that may be used for sickness, disability, serious illness or emergency of his or her child, parent, or spouse or registered domestic partner, grandparent, grandchild and sibling is equal to the employee's annual accrual. A. Full-time Employees 1. All employees shall be accruing sick leave as follows: Personnel Monthly Annual Max. Accrual Accrual 40 hr Personnel 10 hours 120 hours No limit Shift Personnel 12 hours (1/2shift) 144 hours (6shifts) No limit B. 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. B. Sickness or disability sustained while on leave of absence. C. Except as specified in"G" below, sick leave shall not be used in lieu of or in addition to vacation. D. Employees must provide a physician's certification upon for any sick leave absence that occurs after the employee has used 40 hours or 4 shifts for 40 hour personnel, whichever is greater, or 96 hours for 56 hour personnel, that involves the illness of the employee or family member. This requirement does not pertain to Personal Leave (see § 6). E. The fire Chief may require medical certification that the employee is capable of and released to return to the performance of all the duties of his/her position. F. In case of voluntary or involuntary termination of an employee's continuous service, except by reason of retirement or lay-off for lack of work or funds, shall 20 Fire MEG 2017-19 result in abrogation of all sick leave and no payment will be made by the District for sick leave accrued to the time of such termination regardless of whether or not such employee subsequently reenters District service. G. Any employee incurring a serious injury or illness while on paid vacation leave may have those days of illness changed to sick leave with pay and vacation days restored accordingly, provided the employee has sufficient sick leave accrued and the period of illness is certified by a written doctor's statement. H. Employees with ten (10) or more years of service shall be eligible to convert unused sick leave to vacation in accordance with the following: 1. Shiftemployeeswho inthepreceding calendaryearhaveaccrued108to144 (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. Employees 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 (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 ofthe year in which the conversion is to be made. I. Upon the retirement of an employee, the employee may electfrom one or more of the following options: • Sell back up to fifty per cent (50%) of his/her accumulated unused sick leave at the employee's regular hourly rate of pay at retirement. • Designate accumulated unused sick leave for CalPERS service credit per Government Code Section 20965. Apply the cash value of up to one hundred per cent (100%) of accumulated unused sick leave to the employee's VEBA account (if enrolled), at the employee's regular hourly rate of pay, as permitted by the VEBA plan. §5 Conversion Factor The factor used to convertthe accruals forforty (40) hour perweek employees to fifty- six (56) hour per week employees will be: Vacation, holiday, and sick leave -work week basis: \/nnnfinn 40Hniir 56Hniir Conversion Factor 30 days-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 Fire MEG 2017-19 21 (40 to 56) EXAMPLE (8-10 yearemployee) 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 from a 56 to 40 hours basis, the conversion will be the reciprocal of 1.5 or .667. §6 Personal Leave A. The employee shall be granted one (1) day paid personal leave, in addition to the normal leave accrual, to attend the funeral of a 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: 4. He or she notifies his or her supervisor with adequate advance notice so that a relief may be obtained. 5. The employee must return to work within a reasonable time after the Appearance. C. Personal leave will be charged against any leave account in which the employee has accrued an appropriate balance, such as sick leave, vacation, or compensatory time. It is the employee's option which account is to be charged. D. Employees can use up to twenty (20) hours of accrued sick leave as personal leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 1/2 hour) throughout the fiscal year. Use of this time is for emergency situations requiring the employee's attention and requires prior approval by their supervisor. §7 Bereavement Leave A. 40-hour Personnel In the event of a death in the employee's immediate family, the employee shall be granted Five (5) days paid bereavement leave. Shift Personnel In the event of a death in the employee's immediate family, the employee shall be granted three (3) shifts paid bereavement leave. 22 Fire MEG 2017-19 B. Immediate family is defined as: Spouse, children, stepchildren, parents, stepfather, stepmother, brother, sister, grandfather, grandmother, grandchild, and the employee's mother-in law,father-in- law or grandparents-in law. §8 Compensatory Time 1. In lieu of overtime pay,those employees assigned to afire suppression 24 hour shift, 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. 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. A. 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 at the end of the fiscal year in July and at the "HolidayNacation/Compensation Time" buy back period in November and the balance in the CTO accounts will be reduced to zero hours. However, upon the request of the employee, the employee may carry over some CTO balance as long as it is used by the last pay period in July. B. Compensatory time may be earned for required attendance at special meetings of the Board of Directors and District Committees, except when such meetings are held in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as part of the annual budget preparation process and annual audit. C. Compensatory time may also be earned for special and/or unusual work situation not provided for in the preceding paragraphs. §9 Administrative Leave Administrative Leave: The following classifications shall earn Administrative Leave each fiscal year as follows: Fire Marshal .........................50 hours Deputy Fire Chief .................75 hours Fire Chief ............................. 100 hours Unused administrative leave, to a maximum of forty (40) hours in June of each fiscal year may be sold back to District at the employee's then current hourly rate. Administrative leave shall not be carried over beyond the year in which it was earned. §10 Military Leave A. Every employee who is a member of a state or federal reserve military unit shall be entitled to be absent from service with Districtwhile engaged inthe performance of ordered military duty and while going to or returning from such duty in accordance with the laws of the State of California or federal government. B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year, provided they have been employed by the District for one (1) year priorto this 23 Fire MEG 2017-19 leave. Any employee with less than one (1)year of 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 active service with the armed forces of the United States shall be entitled to reinstatement to their former positions. Upon application for reinstatement,the individual must display a certificate showing service was other than dishonorable. However, any individual possessing right of reinstatement automatically forfeits these rights upon voluntary enlistment for a second term. D. Any employee returning from servicewith 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 employeewhowas in a probationary period atthetime of military leave shall, upon return, complete the remaining portion of the probationary period according to the rules in effect at the start of military leave. 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 when the returning employee resumes the position he or she previously held. §11 Jury Duty Any member of the District who is called or required to serve as a trial juror may be absent from duty 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 dutywill continue to receive normal pay, provided he or she: A. Notifies his or her supervisor in advance,with adequate time remain ingso that a relief may be obtained. B. Returned to work within a reasonable time after being released with a signed certificate of servicefrom the court stipulating the hours of service and releasetime. This certificate may be obtained by asking the court secretary or bailiff. The employee then forwards it to his or her supervisor. C. Pay received for service while absent from the District must be surrendered to the 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. §12 Civil Subpoena/Criminal Subpoena A. Civil Subpoena 1. 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: a. Personnel will be paid at their regular hourly rate while they are in court. 24 Fire MEG 2017-19 b. District transportation will be provided when available. If the employee uses his or her own transportation, he orshewill be reimbursed bythe District at the prevailing mileage rate. C. Ifthe employee is required to appear in a court that is outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal and/or lodging, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 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 atthe regular hourly rate while in court. 2. District transportation will be provided hen available. If the employee uses their own transportation, they will be reimbursed by District at the prevailing mileage rate. 3. If the employee is required to appear in court outside the Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a meal, he or she will be reimbursed. If an extended appearance in court is necessary where lodging and meals would be required, authorization shall be obtained from the Fire Chief. 4. A criminal subpoena need not have a court stamp affixed. §13 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 by that employee. C. Leave of absence without pay granted by the Board shall not be construed asabreak inservice oremployment. Duringthese 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 or for the purposes of seniority. 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. Fire MEG 2017-19 25 §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 these initial 2 days must be charged to sick leave, vacation, compensatory or floating holiday time. B. Natal and Adoption Leave without Pav 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 coverage in force during the leave of absence. ARTICLE IV GRIEVANCE PROCEDURE § 1 Purpose This article is intended to provide a fair and orderly procedure for the resolution of employee grievances. A grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with existing District codes, resolutions, written rules, policies, procedures, orders, and regulations, or this document. This grievance procedure shall not apply to disciplinary matters or to reviews of performance evaluation reports or to discharge of probationary employees. Disciplinary matters include all warnings, written reprimands, suspensions, reductions in pay which arenot the result of transfer or reassignment, demotions, dismissal or any other action which consists of a taking of property as said term is defined by the courts in the disciplinary context (Reassignments and/or transfers that result in a loss of compensation shall not be deemed to be disciplinary actions.) §2 Objectives The grievance procedure is established to accomplish the following objectives: A. To settle disagreements at the employee-supervisor level, informally if possible. B. To provide an orderly procedure to handle grievances. C. To resolve grievances as quickly as possible. D. To correct, if possible, the cause of grievances to prevent future similar complaints. E. To provideforatwo-waysystemofcommunication bymakingit possible for levels of supervision to address problems, complaints,and questions raised byemployees. 26 Fire MEG 2017-19 F. To reduce the number of grievances by allowing them to be expressed and thereby adjusted and eliminated. G. To promote harmonious relations generally among employees, their supervisors and the administrative staff. H. To assure fair and equitable treatment of all employees. § 3 General Provisions A. Preparation of a grievance will be accomplished in such a manner and at a time that will not interfere with normally required work procedures. B. The Board of Directors or its individual members shall not be approached by employees or their representatives at any time that the grievance is being processed. C. Failure of the grievant to comply with time limitations specified in the grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of good cause for such failure. Failure of District supervisory or administrative staff to comply with specified time limitations shall permit the grievant to proceed to the next step in the procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with the mutual consent of both parties. D. In the event a grievant elects to represent himself or herself or is represented by counsel other than that provided by the employee organization, the employee organization shall be apprised of the nature and resolution of the grievance ifthe issues involved are within the scope of said organization's representation rights. E. If an individual named in a dispute is unavailable within the time period specified in these procedures, time limitations can be extended by mutual agreement of the representatives of the respective parties. F. Any period of time specified in this rule for the giving of notice or taking of any action exclude weekends and holidays. G. Unless otherwise specifically provided for herein, the term "days" shall mean business days of the District's Administrative offices. H. An arbitrator shall not have authority to determine if a matter is within the definition of a "grievance" and/or is timely filed or otherwise administratively prosecuted on a timely basis. 27 Fire MEG 2017-19 §4 Informal Grievance Procedure Most problems or complaints can be settled if the employee will promptly, informally and amicably discuss them with his or her immediate supervisor.Such an initial discussion shall precede any use of the formal grievance procedure. If the immediate supervisor fails to reply to the employee within ten (10) days, or the employee is not satisfied with the decision, the employee may utilize the Formal Grievance Procedure. Although invocation of the Informal Grievance Procedure does not mandate submission of the grievance in writing, the immediate supervisor shall document the substance of the informal grievance meeting. Failure bythe employee to advise the immediate supervisor of the grievable problem or complaint within seven (7) days of the date that the employee knew or should reasonably have known of the existence of the problem or complaint,shall constitute a waiver by the employee of the ability to utilize the grievance procedure. § 5 Formal Grievance Procedure A. Step I The employee and/or representative shall presentthe grievance, in writing and signed, to his or her immediate supervisor within fifteen (15) days of the date that the employee knew or reasonably should have known of the events giving rise to the grievance. An official grievance form must be used stating names, dates, times, place, and nature of grievance, explaining how the grievance fits withinthe definition of"grievance" as set forth in § 1, above. The employee's supervisor shall attempt to resolve the grievance with the employee and shall submit his or her decision inwriting 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. Ifthe grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from his or her supervisor to file a written appeal to the Fire Chief or designated representative. 2. Written appeal to the Fire Chief or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the employee's supervisor did not satisfactorily resolve the grievance and an indication of the action desired bythe grievant. The written appeal shall explain why the grievance fits within the definition of "grievance" as set forth in § 1, above. 3. After submission of the written appeal, the Fire Chief or designee shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of rejection, reasons for so doing will be included in the response. 2s Fire MEG 2017-19 C. Step III 1. If the grievance is not resolved to the satisfaction of the employee, the grievant has seven (7) days following receipt of the written response from the Fire Chief or designee to file a written appeal to the Chief Executive Officer(CEO) of the District. The CEO may designate a representative to act in his or her stead. 2. Written appeal to the CEO or designated representative shall consist of the statement of the grievance and shall include a statement by the grievant's representative setting forth the reasons why the response of the Fire Chief ordesignee did not satisfactorily resolve the grievance, and an indication of the action desired by the grievant. The written appeal shall explain why the grievance fits within the definition of"grievance" as set forth in § 1 above. 3. After submission ofthewritten appeal, the CEO ordesignee shall reply in writingwithin fifteen (15)days,tothe grievant regarding the grievance. The reasonsfor the decision will be included in the response. 4. Section 1 PURPOSE defines a grievance as a claimed violation, misinterpretation, misapplication or noncompliance with existing District codes, resolutions, written rules,policies,procedures,ordersand regulations,orthisdocument. Thedecision by the CEO or designee shall address whether or not the complaint of the employee is grievable pursuant to the grievance definition set forth in § 1 above and/or is timely filed or otherwise administratively prosecuted in a timely basis. In the event that the CEO or designee determines that the employee's complaint is not defined by § 1 above as a grievance and/or is not timely filed or otherwise administratively prosecuted in a timely basis,the CEO ordesignee shall advise the employee thatthe complaint is notgrievable 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 complaint being jurisdictionally grievable pursuant tothe definitions setforth in§1 above and/or pursuantto requirements of timeliness. D. Step N 1. If a grievance is not resolved by the CEO or designee and is deemed "grievable"pursuanttothese rules and regulations, (a defined grievance and/ortimely) then within seven (7) days of service by the CEO or designee of a grievance decision, the employee may further appeal the matter byfiling with the office of the CEO or his designee a written appeal to binding arbitration. Said appeal shall be timely only if it is received in the office of the CEO or designee not later than seven (7) days after service of the grievable decision by the CEO or designee. 2. The employee's appeal shall state with specificitythe identification of the District Codes, resolutions, written rules or regulations or sections of this document which is claimed to have been violated. The appeal shall additionally state with specificity all allegations of facts upon which the grievance is based, and the specific relief sought. 3. Within ten (10) days after receipt of a valid appeal, the CEO or his designee shall request of the California State Conciliation and Mediation Service, that it submit a list of seven (7) arbitrators for hearing of the grievance. The CEO or designee shall direct that a copy of the list of arbitrators be sent to the employee and to the CEO or designee, as well. 29 Fire MEG 2017-19 4. Absent mutual selection of an arbitrator from either the submitted list or otherwise, the arbitrator shall be chosen by an initial flip of the coin, with the prevailing employee or CEO/designee having the option of making the first strike or directing that the opposing party make the first strike. Following alternate striking, the one remaining arbitration candidate shall be deemed the appointed arbitrator. 5. The arbitrator shall conduct the hearing at a time and place mutually agreed upon by the parties. 6. The hearing shall be memorialized by use of a certified shorthand reporter. The shorthand reporter shall be selected by the employee. 7. All fees and expenses of the arbitrator shall be borne equally by the parties. 8. All fees and expenses related to the securing of a representative and/or legal counsel, the preparation of transcripts, witness fees and other expenses attendant to the presentation of evidence, shall be borne by the party at whose direction said expense is incurred. 9. The per diem fee of the shorthand reporter shall be borne equallyby the parties. The cost of transcription shall be borne by the party ordering the transcript. 10. Neither the Federal or California State Rules of Evidence shall be binding upon evidentiary issues at the hearing. However, such authorities may be considered by the arbitrator in rendering evidentiary rulings. Further, the California Administrative Procedure Act shall specifically be of no application to the hearing process. 11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would be inadmissible in a civil or criminal proceeding cannot in and of itself support a finding by the arbitrator without corroboration. In general, the arbitrator shall admit evidence which is of such reliability that reasonable persons rely upon it in the conduct of serious matters such as the hearing. 12. The burdens of proof and production of evidence shall be borne by the employee and shall be by a preponderance of the evidence. 13. Not later than ten (10) days priorto the date of commencement of the hearing,the parties shall exchange lists of witnesses each intends to call atthe hearing, and a list of documents it intends to introduce at the hearing. Said documents shall be attached to the notifications provided for herein, and the notifications shall actually be in receipt of the opposing party on or before the tenth (10th) day prior to commencement of the hearing. Failure to comply with said requirements shall result in exclusion of witness testimony and/or rejection of exhibitsnotdesignated inthe submissions. 14. The arbitrator shall be empowered to issue subpoenas for the production of persons and documents. The arbitrator shall designate the subpoena form to be utilized in such case. The California Code of Civil Procedure, the Evidence Code and other applicable statutes shall apply to the validity and processing of subpoenas and to the method of service of the same. 15. Not later than thirty (30) days after closure of the record, the arbitrator shall render a binding opinion regarding the issues at dispute, and shall submit the binding opinion to the employee, to the Fire Chief and to the Chief Executive Officer of the District. 30 Fire MEG 2017-19 ARTICLE VIII MAINTENANCE OF BENEFITS 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§ 3500, et. seq., of the California Government Code. 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 A. 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. B. The District and Fire MEG 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 Fire MEG shall not be changed for the duration of this MOU. 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. ARTICLE XII NEGOTIATION OF SUCCESSOR MOU In the event either party wishes to negotiate a successor MOU, the parties agree that negotiations shall commence on or about September 1, 2018. Fire MEG 2017-19 33 Fire MEG District Date Date JimJ -d- Cheryl Roberts Robert Neiuber Battalion Chief Human Resources Director Don Cloughesy Jenifer Phillips Deputy Fire ief Human Resources Manager Ron Seymo & Caroline Cruz-Contreras Fire Battalion Chief Senior Accountant Lucy Alvarez-Nunez Management Analyst I Approved by action of the Board of Directors the day of 2018 34 Fire MEG 2017-19 Fire MEG District Date Date r I �)E Cheryl Roberts John Gillison Battalion Chief City Manager Don Cloughesy Robert Neiu er Deputy Fire Chief Human Resources Director Ron Seymour Jenifr P s Fire Battalion Chief Huma esourccees Manager Caroline Cruz-Cont/eras Senior Accountant Lucy AI re�ez Management Analyst I Approved by action of the Board of Directors the day of 2017 34 Fire MEG 2014-17