HomeMy WebLinkAbout19-015 - ResolutionRESOLUTION NO. FD19-015
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE DISTRICT AND FIRE SUPPORT SERVICES
ASSOCIATION RELATIVE TO WAGES, BENEFITS AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR FISCAL
YEARS 2019-2020 AND 2020-2021
WHEREAS, Representatives of the Rancho Cucamonga Fire Protection District (District)
and the Fire Support Services Association (FSSA) 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 FSSA have agreed upon and present
to this Board a Memorandum of Understanding pertaining to the FSSA effective, July 1, 2019
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
FSSA for the period July 1, 2019 through June 30, 2021 effective July 1, 2019 is hereby approved
and ratified by the Board of Directors, and the Secretary shall certify to the adoption of this
resolution
Resolution No. FD19-015 - Page 1 of 2
PASSED, APPROVED AND ADOPTED this 17th day of July, 2019.
ATTEST:
Qa/yt
V V
Janice C. Reynolds, Clerk
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 17th day of July 2019.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 18th day of July, 2019, at Rancho Cucamonga, California.
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Janice C. Reynolds, Clerk
Resolution No. FD19-015 - Page 2 of 2
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MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND
FIRE SUPPORT SERVICES ASSOCIATION
2019-2021
Fire Support MOU 2019-2021
TABLE OF CONTENTS
PREAMBLE
ARTICLE I RECOGNITION
ARTICLE 11 COMPENSATION
§1 Salary Ranges
A. Survey Cities
§2 Salary Plan
5
A. Equity Adi istment
5
B. Ran _qe s ............................
5
C. On -Call Pa
............................................................................. 5
D. Bi -lingual Pay.
8
§3 Work Periods and Overtime
9
A. Work _Periods
B. Work Shifts
C. Flex Time
9
D. Overtime Pay
.......................................................................... 9
E. Call Back
10
F. 4/10 Schedule ...............................................................................................
........................................................................... 10
§4 Uniform Allowance
10
§5 Employee Group Insurance
A. Health Insurance
B. Dental Insurance...........................................................................................
C. Vision Insurance
12
D. Life Insurance
12
E. Long-term Disability
12
§6 Tuition Reimbursement .........
12
§7 Retirement Plan
............................................................................. 12
A. Benefits ............................
13
§8 Work Related Injuries .........................................................................................
............................................................................. 13
§9 Carpooling .......................................................................................................
17
§10 IRS 125 Plan .....................................................................................................
— 17
18
§ 11 Voluntary Employee Benefit Association
ARTICLEIII LEAVES .......................................................................................................
.......................................................... 18
§1 Holidays ..............................................................................................................
18
§2 Holiday Facility Closure .......................................................................................
18
§3 Vacation Leave
20
§4 Sick Leave..........20
A. Full-time Employees
20
21
Fire SuPPOft MOU 2019-2021
2
§5 Personal Leave..................................................................................... ............ 22
§6 Bereavement Leave......................................................................................... 23
A. 40 -hour Personnel.......................................................................................23
§7 Compensatory Time ............. I...........................................................................
§8 Military Leave .............
§9 Jury Duty................................................................................ .......................... 24
§10 Vacation Buy-Back.........................................................................................24
§11 Civil Subpoena/Criminal Subpoena................................................................25
A. Civil Subpoena............................................................................................25
B. Criminal Subpoena.....................................................................................25
§12 Leaves of Absence without Pay......................................................................25
§13 Natal and Adoption Leaves.............................................................................26
A. Natal and Adoption Leave without Pay ....................................................... 26
B. Natal and Adoption Leave with Pay . 26
..........................
§14 Management Leave........................................................................................26
§15 Deferred Compensation ................................... 26
...........................
ARTICLE IV GRIEVANCE PROCEDURE.....................................................................26
§1 Purpose.......................................................................... ...................................26
§2 Objectives ..............................................
§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 IV ............................................................29
............................................
ARTICLE V DISCIPLINARY APPEAL............................................................................ 31
§1 Purpose......................................................................31
.......................................
§2 General Provisions............................................................................................31
§3 Pre -Disciplinary Notice................................................................... 32
...................
§4 Hearing Officer Appeal......................................................................................33
§5 CEO Decision................................................35
....................................................
Fire Support MOU 2019-2021 3
ARTICLEVI SAFETY.........................................................................................................
35
§1 Compliance...........................................................................................................35
§2 Non-Discrimination................................................................................................36
§3 Safety Equipment..................................................................................................36
§4 Employee Responsibility.......................................................................................
36
§5 Smoking Policy.....................................................................................................
36
ARTICLE VII MANAGEMENT RIGHTS..............................................................................
36
§1 Scope of Rights....................................................................................................
36
§2 Emergency Conditions..........................................................................................
37
ARTICLE VIII EMPLOYEE RIGHTS...................................................................................
37
§1 Scope of Rights....................................................................................................
37
§2 New Employee Orientation...................................................................................
37
ARTICLE IX MAINTENANCE OF BENEFITS.....................................................................
38
ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS ..............................................
38
ARTICLE XI PROVISIONS OF LAW...................................................................................
38
ARTICLEXII TERM....................................................................................:.......................
38
ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU......................................................
38
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Fire Support MOU 2019-2021
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
Fire Support Services Association ("Association" hereinafter). The terms and conditions
contained in this MOU are applicable to all full-time employees within this unit and contain the
complete results of negotiations concerning wages, hours and other terms and conditions of
employment for said employees represented herein.
ARTICLE i RECOGNITION
Pursuant to the provisions of existing rules and regulations and applicable State law,
District hereby acknowledges Association as the exclusive recognized employee organization
for the representation unit, which includes all employees of District specified in Exhibit A
attached hereto, who are employed on a full-time basis.
ARTICLE II COMPENSATION
§1. Salary Ranges
A. Survey Cities
(1) Association and District agree the survey cities shall be Pasadena, West
Covina, Corona, Ontario, Riverside, and Chino Valley Fire. In the year prior to
MOU expiration, a survey of the identified labor market cities will be completed,
reviewed by the Association and District, and used as the comparison basis for
any negotiations regarding market equity adjustment. The Association and
District will work together to identify which benchmark classifications will be
surveyed, recognizing that not all Association classifications will be surveyed.
§2. Salary Plan
A. Equity Adjustment
Effective the first full pay period in July 2019, an equity adjustment to the following
classifications will be made: (1) Fire Prevention classification series will receive a
6.6% equity adjustment, (2) Fire Mechanic classification series will receive a 2.4%
equity adjustment, and (3) the Administrative/Clerical classification series will be
retitled and the salary ranges for these positions will be adjusted to align with the
City of Rancho Cucamonga Administrative classifications. Employees not at top
step will be eligible for a merit increase one year from the effective date of the
salary adjustment.
B. Ranges
The base salary ranges for all classes in the bargaining unit shall consist of ranges
having six (6) steps, labeled A through F, with approximately five percent (5%)
between each step. Advancement between steps requires a satisfactory or higher
annual performance evaluation. However, no employee shall receive more than
one step increase in a 12 -month period unless granted for outstanding
achievement pursuant to Section 2(G) below. Placement within the range shall be
in accordance with the following:
(1) Salary on Appointment
New employees shall be compensated at Step "A" of the salary range to
which their class is allocated. If unusual recruitment difficulties are
encountered or a candidate is exceptionally well qualified, appointment at a
higher step in the salary range may be authorized by the Fire Chief.
(2) Merit Salary Adjustment
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Fire Support MOU 2019-2021
Advancement within a salary range shall not be automatic but shall be based
upon job performance and granted only on the recommendation of the
employee's supervisor and approval of the Fire Chief. Employees shall be
considered for merit salary increases in accordance with the following:
a. Employees who are placed at Step A upon original employment,
reinstatement, or promotion are eligible for a merit salary review after six
(6) months of service. Subsequent consideration for merit salary
adjustments shall be on a 12 -month consecutive basis from the date of
last merit salary adjustment.
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 consideration for merit salary
adjustments shall be on a 12 -month consecutive basis from the date of
last merit salary adjustment.
c. The granting of an official leave of absence of more than thirty (30)
continuous calendar days, other than military leave, shall cause the
employee's merit salary review date to be extended the number of
calendar days he or she was on leave.
d. If, in the supervisor's judgment, the employee's performance does not
justify a salary increase on the review date, the employee shall be
reevaluated before the expiration of six (6) months dating from the
employee's review date. 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, the employee is recommended for a salary increase, the
employee shall receive a supplemental payment compensating him or her
for the additional salary he or she would have received had the increase
been granted at the appropriate time.
g. The normal merit salary increase shall be one (1) step granted in
accordance with the preceding. However, to reward outstanding
achievement and performance, the Fire Chief may grant one (1) additional
step increase not to exceed one (1) step in any 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/her classification.
(3) Salary on Promotion
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Fire Support MOU 2019-2021
An employee, who is promoted to a position in a class with a higher salary
range than the class in which he or she formerly occupied a position, shall
receive the nearest higher monthly salary in the higher salary range that
would constitute a minimum five percent (5%) salary increase over his or her
base salary rate, provided that no employee may receive a rate in excess of
Step F of the promotional class. If the promotion occurs within sixty (60) days
of a scheduled merit salary review date, the employee shall receive the merit
increase (if otherwise entitled to it) and the promotional increase concurrently.
The employee shall be given a new merit salary review date for purposes of
future salary step advancement. The new date shall be based upon the
effective date of the promotion.
(4) Salary on Demotion
An employee who is demoted to a position in a class with a lower salary range
shall receive a new merit salary review date based upon the effective date of
the demotion and receive a salary in accordance with the following:
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 receive the same step in the salary range previously received and the
merit salary review date shall not change.
(6) Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed
to the position, salary shall be determined as follows:
a. If the position is reclassified to a class with a higher salary range than the
former class, salary and merit salary review date shall be set in the same
manner as if he or she had been promoted.
b. If the salary of the employee is the same or less than the maximum of the
salary range of the new class and the salary range of the new class is the
same as the previous class, 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.
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Fire Support MOU 2019-2021
(7) Salary on Re-employment
An employee recalled after a layoff shall receive the same salary step in the
range of the class which he or she was receiving upon layoff.
(8) Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may be
recommended by the supervisor and approved by the Fire Chief. The
employee's merit salary review date shall be based on the date of rehire.
(9) Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%), above the
affected employee's base salary rate. When the work schedule or assigned
duties are extremely different, the Fire Chief may approve acting pay which
is greater than 5%. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
b. Work in the higher class at least fifteen (15) consecutive work days, five
(5) shifts for employees working twenty-four (24) hour shifts. Acting pay
will be paid beginning with the sixteenth (16th) consecutive day worked in
an acting capacity, sixth (6th) shift for employees working twenty-four (24)
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
fifteen (15) consecutive work days or five (5) shifts, the described five
percent (5%) acting pay shall commence being earned from the first
day/shift of the acting assignment.
(10) Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range by the
Board, the salary of each incumbent in such class on the date the
reassignment is effective shall be adjusted to the step he or she was receiving
in the former range.
C. On -Call Pay
Subject to the rotation provisions below, the Fire Equipment Mechanic and Fire
Shop Supervisor shall, unless relieved of such duty by a supervisor, be in an "on-
call" status whenever not performing duties during scheduled hours.
"On-call" means that Fire Equipment Mechanics and Fire Shop Supervisor shall be
required to respond to their designated work site(s) within one (1) hour of being
advised by telephone, pager, or other means, that their services are required. The
parties agree and acknowledge that the restrictions placed upon employee(s)
placed into an on-call status are not unduly restrictive and therefore, do not
constitute hours worked for the purposes of FLSA or District -defined overtime
computations.
In order to provide flexibility to the affected employees in order that an individual
employee can conduct personal business other than during scheduled hours of
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Fire Support MOU 2019-2021
work, the District shall at its expense, provide each affected employee with a cell
phone, pager, and/or other means of communication whereby the necessity to
respond to the work site(s) can be communicated to the affected employee. Each
affected employee shall be required to maintain such communication device in a
functioning status and shall carry such device in such manner that District -initiated
communications shall be received when transmitted.
It is the goal of the District to provide for an on-call rotation among affected
employees, resulting in a requirement that each affected employee be in an on-call
status for not more than seven (7) consecutive calendar days without relief of such
status for at least seven (7) consecutive calendar days. However, the parties
recognize that needs of the District, injury, illness or other events may result in a
District requirement that any given affected employee be maintained in an on-call
status for greater than a seven (7) consecutive calendar day period of time.
Each affected employee in a designated on-call status for seven (7) consecutive
calendar days, shall receive additional compensation in the amount of two hundred
seventy five ($275) dollars for each seven (7) calendar day period of time in an on-
call mode.
D. Bi -lingual Pay
Employees who qualify for bi-lingual pay will be provided said pay at $50 per
month. Eligibility exams will be provided and administered by the Human
Resources Department. Bi -lingual pay applies to the top 5 recognized languages
from the most recent Census.
§3. Work Period and Overtime
A. Work Periods
The work period for forty (40) hour personnel is seven (7) days with overtime being
time worked in excess of forty (40) hours in the work period.
B. Work Shifts
(1) Ten (10) hour work shifts begin at 0700 and end at 1800.
C. Flex Time
(1) The work schedules of employees assigned to other than fire suppression are
subject to change depending on needs of the service or desires of the
concerned employee(s) (see item 3).
(2) The District shall not change work schedules when the sole purpose 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 requests will be accommodated, provided however,
that needs of the service as determined by the District will take precedence
over employee preferences.
(4) The District will not affect schedule changes but for good and sufficient cause.
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Fire Support MOU 2019-2021
D. Overtime Pay
(1) The rate of pay for overtime hours worked shall be at the rate of time and one-
half (1.5) the regular rate of pay, for those employees eligible for overtime.
(2) For purposes of computing overtime pay under the Fair Labor Standards Act,
military leave shall be the only leave of absence not considered hours worked.
(3) For the purpose of this section, work time shall not include traveling to or from
the normal work site.
(4) 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 for
any hours worked, with a minimum of two (2) hours pay for each emergency
recall. Employees required to work more than fifteen (15) minutes shall be
compensated for a minimum of one (1), hour; any time worked over one (1) hour
will be paid in one-half hour increments (fifteen (15) minutes work shall
constitute one-half hour). For purposes of this section, work time shall not
include time spent in traveling to and from the work site.
(5) Employees required (held over) to work more than fifteen (15) minutes overtime
shall be compensated for a minimum of one (1) hour. Any overtime worked in
excess of one (1) hour will be paid in half hour increments. Provisions shall be
made for an equitable distribution of overtime, consistent with efficient
operations of the District.
E. Call Back
A "call back" occurs when following the employee having left the work site for at
least one (1) hour after conclusion of the employee's scheduled hours of work, the
employee is then advised by District management that he/she shall return to the
work site.
In such case of a "call back", the affected employee (including those who are
formally on on-call such as Fire Equipment Mechanic) shall be compensated in an
amount not less than two (2) hours at 1.5 times the employee's unadjusted base
rate of pay, or the actual number of hours for which services are performed (also
at the rate of 1.5 times the employee's unadjusted base rate of pay), whichever
amount is greater. Computation of premium hours worked shall commence upon
the employee commencing travel to the work site and shall conclude upon
termination of the call back assignment.
F. 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 one-half hour
lunch and arriving at work one-half hour late or leaving work one-half hour early.
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Fire Support MOU 2019-2021
§4. Uniform Allowance
A. The District shall provide four (4) sets of work uniforms for each employee who is
required to wear a uniform prior to his or her starting date. Uniformed members
must buy their own formal or semi -formal uniforms, as specified in District policy,
at the completion of probation. The value of these initial uniforms provided hall be
reported to CalPERS as compensation in accordance with applicable CalPERS
requirements.
B. The District will provide for the purchase of uniform articles as specified in the
Districfs rules and regulations, to a maximum of $1,302 per eligible employee per
year. Uniform allowance shall be paid out on the first full pay period of the fiscal
year.
§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.
(2) District provides 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 full-
time continuous employees hired after November 17, 1994, at the amount
equal to the average eligible Public Employees Medical and Hospital Care
Program medical plan rates covering San Bernardino County. The monthly
contribution amount averages will be calculated annually during the open
enrollment period, with changes going into effect when the new rates go into
effect. As of March 5, 2014, the parties understand that PEMHCA is addressing
the implications of the Affordable Care Act, and as a result may begin to offer
a low-cost health insurance plan with reduced benefits to enrollees. The parties
agree to reopen this provision of the MOU for discussion if in any given year
PEMHCA's rate for its lowest cost, fully paid insurance plan has a premium that
is at least 15% less than the lowest cost plan offered in the prior calendar year.
A failure to agree upon the resolution of this issue shall not be subject to
resolution by fact finding or any other impasse resolution procedure.
(4) All full-time continuous employees hired after November 17, 1994, shall be
responsible for paying their premiums for medical insurance through the State
of California, Public Employees Medical and Hospital Care Program, upon their
retirement.
(5) Cash compensation in lieu of medical benefits in the amount of $200.00 for
single employees or $300.00 for employees' dependents, may be provided to
those employees that can verify that their spouse and/or family can provide
medical insurance. Selection of compensation shall be at the employee's
discretion. The employee may re-enter the District' s health plan at any time.
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Fire Support MOU 2019-2021
(6) Affordable Care Act (ACA). The District may reopen negotiations on the issue
of health insurance benefits to address changes to or the elimination of the ACA
and in order to avoid penalties or taxes under the ACA or other statutory
scheme that may result from an interpretation of the ACA or other statutory
scheme by the Internal Revenue Service or other federal agency (including, but
not limited to, a revenue ruling, regulation or other guidance) or state agency,
or a ruling by a court of competent jurisdiction. These negotiations will not result
in a reduction in the amount the District provides for employee health coverage.
B. Dental Insurance
District shall continue to provide fully paid employee and family dental insurance
plan for all full-time continuous employees.
C. Vision Insurance
District shall continue to provide fully paid employee and family vision insurance
plan for all full-time continuous employees.
D. Life Insurance
Full-time unit employees shall be provided a term life insurance policy of $50,000,
paid by the District.
E. Lona Term Disability
District agrees to provide to unit members a long-term disability insurance plan
provided by the same carrier utilized by the City of Rancho Cucamonga for its
employees.
§6. Tuition Reimbursement
Reimbursements by the District of the following enumerated college and/or university
course expenses shall not exceed two thousand three hundred dollars ($2,300.00) during
any fiscal year.
Eligibility for said reimbursement in an amount not to exceed $2,300.00 in any one fiscal
year, shall be contingent upon a determination by the Fire Chief or his/her designee that
all of the following conditions precedents exist:
(1) Expenses shall be incurred as regards coursework undertaken at:
a. A college or university that is licensed/accredited by the State of
California.
b. Certification Tracks authorized and approved by the California State Fire
Marshal, i.e. Fire Instructor (all tracks), Fire Investigator (all tracks), Fire
Marshal, Fire Mechanic (all tracks), Fire Prevention Officer, Fire
Protection Specialist, Plans Examiner and Public Education Officer I.
c. California Fire Chiefs Association Professional Recognition and Career
Development Guide Level One and Level Two.
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Fire Support MOU 2019-2021
d. International Code Council classes.
e. Microsoft Office Specialist Certification
(2) The applicant for reimbursement shall present to the Fire Chief or his/her
designee documentation prepared by the accredited/licensed college or
university which evidences the applicant's receipt of a grade of "C" or better (or
a "pass" in a pass/fail class) as regards each class for which reimbursement is
sought. Where an employee is simultaneously enrolled in multiple approved
classes and does not receive a "C" or "pass" in any one or more of such
classes, the amount of expenses subject to District reimbursement shall be
reduced and/or as appropriate, pro -rated to reflect no reimbursement being
made for expenses related to classes where the minimal grade was not
received.
(3) Eligibility for reimbursement for said expenses shall be confined to either: 1.)
those courses that in and of themselves consist of curriculum which is
predominantly related to the development of skills reasonably anticipated by
the District to enhance the applicant's job performance (by means of a non-
inclusive example only, art classes would not qualify for reimbursement); or 2.)
where the employee has declared a major which is job related as set forth in
Section 3(1), to those classes which must be completed as a condition
precedent to successful completion of the course of study in the selected major.
(4) Eligibility for reimbursement upon completion of coursework shall be predicated
upon the Fire Chief or his/her designee making a written determination prior to
the affected employee's enrollment in the course(s) for which reimbursement is
later sought, that the coursework is offered by an accredited college or
university and that the above described job nexus does exist. The
determination of the Fire Chief or his/her designee in such regards, shall be
final.
The costs which shall be subject to reimbursement are limited to the following:
1) tuition, 2) books, 3) supplies, 4) parking and 5) laboratory. In addition to all
other conditions precedent to reimbursement set forth in this section, prior to
reimbursement being approved, written receipts shall be provided to the Fire
Chief or designee and shall evidence each expenditure for which
reimbursement is sought.
§7. Retirement Plan
A. Benefits
District is enrolled in the State of California Public Employee's Retirement
System. Benefits are summarized below:
(1) Tier 1 - Employees hired prior to July 9, 2011:
§ 21354.4 2.5% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Year Final Compensation
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Fire Support MOU 2019-2021
a. The District pays and reports 8% normal CalPERS member contributions
by resolution. The District has adopted a resolution providing that all
CalPERS contributions shall be deducted on a pre-tax basis.
b. Effective July 1, 2018, employees shall pay five percent (5%) of their
PERSable compensation towards the CalPERS employer contribution per
resolution 17-003.
c. Effective the first full pay period in February 2020, the District will pay 3%
of the normal CalPERS member contribution, and employees shall move
the existing 5% of their PERSable compensation towards the CalPERS
member contribution.
d. Effective the first full pay period in July 2020, the District will pay 1 % of the
normal CalPERS member contribution, and employees shall pay an
additional two percent (2%) of their PERSable compensation towards the
CalPERS member contribution for a total of seven percent (7%).
e. Effective the first full pay period in February 2021, employees shall pay an
additional one percent (1%) of their PERSable compensation towards the
CalPERS member contribution for a total of eight percent (8%).
The District will adopt a resolution to reflect changes described in parts c.
through e. prior to the effective date.
The District has adopted 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 as Special Compensation
Sec. 20965 Credit for Unused Sick Leave
(2) Tier 2 - Employees hired on or after July 9, 2011 and through December 31.
2012 and Classic PERS members, as defined by PERS. who are hired on or
after January 1, 2013:
§ 21354 2% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Year Final Compensation
a. District pays and reports 6% normal PERS member contribution; employee
pays 1 % of the member contribution and 2% of the employer contribution
by resolution. The District has adopted a resolution providing that all
employee CalPERS contributions shall be deducted on a pre-tax basis per
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Fire Support MOU 2019-2021
IRC 414(h)(2).
b. Effective July 1, 2018, employees shall pay four percent (4%) toward the
employer contribution and one percent (1 %) of the member contribution per
resolution 17-003.
c. Effective the first full pay period in February 2020, the District will pay 2%
of the member contribution, and employees shall continue to pay once
percent (1 %) of the CalPERS member contribution and move the existing
four percent (4%) of their PERSable compensation towards the CalPERS
member contribution.
d. Effective the first full pay period in July 2020, employees shall pay an
additional two percent (2%) of their PERSable compensation towards the
CalPERS member contribution for total of seven percent (7%).
The District will adopt a resolution to reflect changes in parts c. and d., as
described above, prior to the effective date. 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
(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
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Fire Support MOU 2019-2021
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 Benefit through PARS Phase II Retirement System is
provided to all employees hired by December 31, 2012. In addition, the Fire
District has adopted the PARS Retirement Enhancement Plan generally
described as 0.5% (one-half percent) at 55 or at 60, depending upon the
employee's hire date, for all miscellaneous employees hired on or prior to
December 31, 2012. To be eligible, employees must be at least age 56, have
ten (10) years of full-time continuous service and retire from the District. This
benefit will be paid to qualified retirees in addition to any CalPERS benefits to
which they are entitled.
(5) Employer Paid Member Contribution (EPMC)
a. The effective date of this benefit shall be July 9, 2011 and shall apply to all
miscellaneous employees.
This benefit shall consist of paying 8% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
(excluding Government Code Section 20636(c)(4) as additional
compensation for employees hired prior to July 9, 2011;
This benefit shall consist of paying 7% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
(excluding Government Code Section 20636(c)(4)) as additional
compensation for employees for employees hired on or after July 9, 2011
and through December 31, 2012 and Classic PERS members hired on or
after January 1, 2013.
Payment of EPMC and reporting the value of EPMC on compensation
earnable is on pay rate and special compensation except special
compensation delineated in Government Code Section 20636(c)(4) which
is monetary value of EPMC on compensation earnable.
b. Effective the first full pay period in February 2020, this benefit shall consist
of paying 3% of the normal contributions as EPMC, and reporting the same
percent (value) of compensation earnable (excluding Government Code
Section 20636(c)(4) as additional compensation for employees hired prior
to July 9, 2011;
This benefit shall consist of paying 2% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
(excluding Government Code Section 20636(c)(4) as additional
compensation for employees for employees hire on or after July 9, 2011
and through December 31, 2012 and Classic PERS members hired on or
after January 1, 2013.
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Fire Support MOU 2019-2021
c. Effective the first full pay period in July 2020, this benefit shall consist of
paying 1% of the normal contributions as EPMC, and reporting the same
percent (value) of compensation earnable (excluding Government Code
Section 20636(c)(4) as additional compensation for employees hired prior
to July 9, 2011;
This benefit shall consist of paying 0% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable
(excluding Government Code Section 20636(c)(4) as additional
compensation for employees for employees hire on or after July 9, 2011
and through December 31, 2012 and Classic PERS members hired on or
after January 1, 2013.
d. Effective the first full pay period in February 2021, this benefit will consist
of paying 0% of the normal contribution as EPMC and reporting the same
percent (value) of compensation earnable (excluding Government Code
Section 20636(c)(4) as additional compensation for all Fire Support
members.
§8. Work Related Injuries
Any 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 (1 st) 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.
§9. Carpooling
Those employees participating in a carpool 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 afforded the following benefit:
Eligible carpool employees shall be regular, full-time employees who voluntarily
participate in and file a "ride share application agreement."
Eligibility for ride share -related benefits is conditioned upon:
(1) Each affected regular, full time employee shall ride share with another
person(s) in a car or vanpool.
(2) In the alternative, each affected regular, full time employee shall drive to and
from work other than in an automobile. For example, such transportation may
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Fire Support MOU 2019-2021
include a bicycle, public transportation, walking.
(3) Eligibility for ride share benefits shall be conditioned upon 1.) the regular, 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 $2.60 for every day that
the employee ride shares, paid at the end of each quarter.
§10. IRS 125 PLAN
The District has established a Section 125 flexible spending account plan managed by a
third -party administrator that is open to voluntary participation of members in the
bargaining unit. The City agrees to pick up all administrative fees associated with
maintaining this program for bargaining unit members (including but not limited to debit
card fees).
§11. Voluntary Employee Benefit Association
The District has established a Voluntary Employee Benefit Association (VEBA) through
the California Government Voluntary Employee Benefit Association to assist employees
with planning for future health care expenses. Employees are allowed a one-time election
to opt into the plan. Represented employees shall be eligible to participate in the plan
according to the schedule to be established as an addendum to this MOU.
Contributions to the Plan shall be made as District contributions through a salary reduction
arrangement. All contributions made on behalf of employees through such salary
reduction arrangement 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 Fire Support
Services 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.
GL'sL40:1l]IN ;Fx *l
§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
September
November 11
November
November
December 24
December 25
January 1
January
Fire Support MOU 2019-2021
Independence Day
Labor Day (1 st Monday)
Veterans Day
Thanksgiving (4th Thursday)
The day following Thanksgiving
The day preceding Christmas
Christmas
New Years Day
Martin Luther King's Birthday (3rd Monday)
18
February President's Day (3rd Monday)
May Memorial Day (last Monday)
Three (3) discretionary (floating) days may be taken by an employee at his or her
discretion, 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.
B. Employees shall accrue holiday time as follows:
Type of Per Maximum
Accrual Holiday Annually Personnel
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 be taken as time off or be paid
for by District.
D. Effective pay period No. 1 of each fiscal year, holiday time shall be accrued by the
employees within the pay period in which it occurs.
(1) District will buy back all or part of accrued holiday time at the then current
hourly rate, if a request is made (in writing) by November 30th specifying
holiday balance and exercising the option to sell back.
(2) Holidays may be used as scheduled time off with the approval of the
supervisor.
E. District employees will be advised, in writing, within the pay period prior to to the
time that maximum hliday accrual is reached or that they are approaching their
maximum accrual.
F. Any employee who is on vacation or sick leave when a holiday occurs will not have
that holiday charged against his or her vacation or sick leave.
G. Employees who are assigned to work on a holiday are eligible for pay at time and
one-half for working that day. This time and one-half may be taken as
compensation or put in a compensatory time off bank. Compensation shall be
determined by adding the employee's normal work schedule hours times the base
rate of pay compensation for the holiday, plus compensation at time and one-half
for hours actually worked. Payment at time and one-half abrogates the employee's
right to that holiday. Exempt employees shall only be permitted to bank the holiday
at time and one-half.
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Fire Support MOU 2019-2021
§2. Holiday Facility Closure
City and some Fire District facilities will observe a holiday closure beginning Tuesday,
December 24, 2019, through Wednesday, January 1, 2020. In 2020, City Facilities will
observe a holiday closure beginning Thursday, December 24, 2020, through Friday,
January 2021. During the term of this MOU, there will be Holiday facility closures, and
certain City facilities may close in conjunction with the Christmas and New Year's holidays.
Closure dates for City and some Fire District 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.
B. All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule:
40 -hour Personnel
Years of
Completed Service
Annual
Accrual
Maximum
Accrual
Pay Period
Accrual Rates
30 days -3 years
85.72 hours
192
3.297
4-7 years
128.57 hours
272
4.945
8-10 years
171.43 hours
400
6.593
11-14 years
188.58 hours
400
7.253
15-19 years
205.72 hours
400
7.912
20-24 years
222.86 hours
400
8.572
25+ years
240.00 hours
400
9.231
C. An employee who, as of July 1 of any given year, has completed 10, 15, 20 or 25
years of service shall receive a onetime credit of 10 hours, if a 40 -hour employee.
The employee shall, beginning the 11th, 16th, 21st and 25th year, accrue vacation
at the appropriate pay period accrual rate.
D. 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.
E. 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 beneficiary or estate of such employee.
§4. Sick Leave
Sick leave shall be used in case of a bona -fide illness of the employee upon approval and
for necessary medical appointments. Sick leave may also be used for sickness, disability,
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Fire Support MOU 2019-2021
pregnancy, childbirth, serious illness or emergency of his or her child, parent, spouse, or
registered domestic partner, grandparent, grandchild and sibling, or any other member of
the employee's immediate family as defined by law and/or in the District Personnel Rules,
who 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 sound
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, spouse, or registered domestic partner, grandparent, grandchild,
sibling, or other immediate family member as defind by law is equal to the employee's
annual accrual.
A. Full Time Employees
District is enrolled in the State of California Public Employee's Retirement
System. Benefits are summarized below:
(1) Sick leave is that amount of leave designated by District.
(2) All employees shall be entitled to sick leave as follows:
Personnel Monthly Annual Accrual Max. Accrual
40 hr Personnel 10 hours 120 hours No limit
B. No employee shall be entitled to sick leave with pay while absent from duty for the
following causes:
(1) Disability arising from sickness or injury purposely self-inflicted or caused by
his or her own willful misconduct.
(2) Sickness or disability sustained while on leave of absence.
C. Sick leave shall not be used in lieu of or in addition to vacation.
D. Employees must provide a physician's certification for any sick leave absence that
occurs after the employee has used 40 hours, or four days, whichever is greater,
that involves the illness of the employee or family member. This requirement does
not pertain to Personal Leave (see § 5).
E. The Fire Chief may require medical certification that the employee is capable of
and released to return to the performance of all 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
result in abrogation of all sick leave and no payment will be made by the District
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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) Employees who, in the preceding calendar year, accrued 90 to 120 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 accrued 60 to 90 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 of the year in which
the conversion is to be made.
I. Upon the retirement of an employee, the employee may elect from one or more of
the following options:
Sell back up to fifty percent (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 percent (100%) of accumulated
unused sick leave to the employee's VEBA account (if enrolled), at the
employee's regular hourly rate of pay, as permitted by the VEBA plan.
§5. Personal Leave
A. The employee shall be granted one (1) day paid personal leave to attend the
funeral of a close relative not in the employee's immediate family.
B. An employee required to appear before a court for other than subpoenas due to
actions as a District employee or jury duty will receive the necessary time as paid
personal leave, providing:
(1) He or she notifies his or her supervisor or Fire Chief in advance, with adequate
time remaining so that a relief may be obtained.
(2) The employee must return to duty within a reasonable time after the
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appearance.
C. Personal leave will be charged against any time the employee has accrued, such
as sick leave, vacation, and compensatory time, at the employee's option.
D. Employees can use up to twenty (20) hours of accrued sick leave as personal
leave. This twenty (20) hours can be used incrementally (i.e., 1 hour, 2 hour)
throughout the fiscal year. Use of this time is for emergency situations requiring
the employee's attention and needs to be cleared with their supervisor when using
this time.
§6. Bereavement Leave
A. 40 -hour Personnel
In the event of a death in the employee's immediate family, the employee shall be
granted five (5) days paid bereavement leave. Immediate family includes:
Spouse, registered domestic partner, parents, grandparents, children,
grandchildren, brother, sister, stepparents, stepchildren, step grandchildren, and
the employee's mother -in law, father-in-law, grandparents -in-law, brother-in-law,
sister-in-law, blood relative residing with the employee or immediate relative as
defined by law.
§7. Compensatory Time
A. FLSA Exempt Management employees may earn compensatory time on a basis
of one (1) hour worked equals one (1) hour of compensatory time. Compensatory
time will not be granted for attendance at any regularly scheduled meetings of the
Board of Directors, or any District Committee nor will compensatory time be
granted for additional working time beyond the normal working day necessary for
efficient and effective department operations, or to maintain good public relations.
Any such time shall be considered a part of the normal duties of the position.
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.
D. The earning and accrual of compensatory time requires the approval of the
employee's supervisor.
§8. Military Leave
A. Every employee who is a member of a state or federal reserve military unit shall
be entitled to be absent from service with Districtwhile engaged in the performance
of ordered military duty and while going to or returning from such duty in
accordance with the laws of the State of California or federal government.
B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year,
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provided they have been employed by the District for one (1) year prior to this
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 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 service with the armed forces shall be entitled to such
length of service seniority as would have been credited to them had they remained
for that period of time with the District.
E. An employee who was in a probationary period at the time of military leave shall,
upon return, complete the remaining portion of the probationary period according
to the then present rules.
F. An employee promoted to fill a vacancy created by a person serving in the armed
forces shall hold such position subject to the return of the veteran. The employee
affected by the return shall be restored to his or her former position or one of a
similar nature while the returning employee resumes the position he or she
previously held.
§9. Juty Duty
A. Any member of District who is called or required to serve as a trial juror may be
absent from duty with District during the period of such service or while necessarily
being present in court as a result of such call. Such member on jury duty will
continue to receive normal pay, provided he or she:
(1) Notifies his or her supervisor, in advance, with adequate time remaining so that
a relief may be obtained.
(2) Returned to duty within a reasonable time after being released with a signed
certificate of service from the court stipulating the hours of service and release
time. This certificate may be obtained by asking the court secretary or bailiff.
The employee then forwards it to his or her supervisor.
(3) Pay received for service while absent from District must be turned over to
District; however, pay received while off duty may be kept by the employee.
(4) All personnel called for jury duty must abide by all of the above rules and must
return to work if dismissed before the end of their regular work shift.
§10. Hours of Vacation Buy Back
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
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Fire Support MOU 2019-2021
a minimum of 40 hours of accrued vacation subsequent to any payment of vacation buy
back time.
§11. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of District have been served a civil subpoena to appear in court
as a witness due to actions as a District employee, the following procedure shall
be followed:
(1) Personnel will be paid at their regular hourly rate while they are in court.
(2) District transportation will be provided when available. If the employee uses his
or her own transportation, he or she will be reimbursed by District at the
prevailing mileage rate.
(3) If the employee is required to appear in a court that is outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee
to buy a meal and/or lodging, he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and meals
would be required, authorization shall be obtained from the 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 at the regular hourly rate while
in court.
(2) District transportation will be provided when available. If the employee uses
their own transportation, they will be reimbursed by District at the prevailing
mileage rate.
(3) If the employee is required to appear in court outside the Rancho Cucamonga
Fire Protection District and this appearance requires the employee to buy a
meal, he or she will be reimbursed. If an extended appearance in court is
necessary where lodging and meals would be required, authorization shall be
obtained from the Fire Chief.
(4) A criminal subpoena need not have a court stamp affixed.
§12. Leaves of Absence Without Pay
A. Civil Upon the written request of the employee, a leave of absence may be granted
for a period not to exceed thirty (30) days by the Fire Chief, or a period not to
exceed one (1) year by the Board of Directors.
B. Failure of the employee to return to his or her employment upon the termination of
an authorized leave of absence shall constitute a separation from service of that
employee.
C. Leave of absence without pay granted by the Board shall not be construed as a
break in service or employment. During these periods, vacation, holiday, or sick
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Fire Support MOU 2019-2021
leave credits shall not accrue. An employee reinstated after a leave of absence
without pay shall receive the same step in the salary range received when he or
she began the leave of absence. Time spent on such leave without pay shall not
count toward service for increases within the salary range. For purposes of this
section, the employee's merit increase eligibility date shall be adjusted to the date
of reinstatement.
D. An employee on an approved leave of absence without pay may continue medical
insurance coverage by paying the full cost to District, in advance, for each month,
or portion thereof, of which he or she is absent.
§13. Natal and Adoption Leave
A. Natal and Adoption Leave without Pay
The District shall provide employees up to four months natal and adoption leave
for the birth or adoption of a child; such leave shall be pursuant to the provisions
of the California Pregnancy Disability Act ("PDA"; California Government Code
section 12945), if applicable. The District's PDA policy is incorporated herein by
reference. Employees on this leave of absence without pay beyond the four-month
period will be responsible for the payment of medical, dental and optical premiums
to keep the coverage in force during the leave of absence.
B. 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. Any paid time required beyond this initial 2 days must be
charged to sick leave, vacation, compensatory or floating holiday time.
§14. Management Leave
Exempt classifications shall be provided management leave in the amount of sixty (60)
hours per fiscal year, which shall be credited to the employee at the start of pay -period
No. 1 of each fiscal year. Unused management leave in an amount not to exceed forty
(40) hours, may be converted to cash at the employees then existing hourly rate, during
the last payroll period commencing in June of each fiscal year. Management leave not
utilized nor cashed out, shall not be carried over to any subsequent fiscal years.
§15. Deferred Compensation
A. Exempt classifications shall receive two (2) percent of monthly unadjusted base
salary as a deferred compensation contribution to be paid by the District.
B. The District will match up to $25 per pay period per employee for employees who
contribute up to $25 into deferred compensation through payroll deductions.
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
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Fire Support MOU 2019-2021
reprimands, suspensions, reductions in pay which are not 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.Obiectives
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 provide for a two-way system of communication by making it possible for levels
of supervision to address problems, complaints, and questions raised by
employees.
F. To reduce the number of grievances by allowing them to be expressed and thereby
adjusted and eliminated.
G. To promote harmonious relations generally among employees, their supervisors
and the administrative staff.
H. To assure fair and equitable treatment of all employees.
§3. General Provisions
A. Preparation of a grievance will be accomplished in such a manner and at a time
that will not interfere with normally required work procedures.
B. 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 if the
issues involved are within the scope of said organization's representation rights.
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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 Districts 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.
§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 by the 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 1
The employee and/or representative shall present the 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 within the
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 in writing to the employee within ten (10) days after receipt of the
grievance. The employee shall have the right to appeal the decision of the
supervisor to the Fire Chief.
B. Step II
(1) If the grievance is not resolved to the satisfaction of the employee, the grievant
has 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 reason(s) why the response of the employee's
supervisor did not satisfactorily resolve the grievance and an indication of the
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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 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.
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 or
designee 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 of the written appeal, the CEO or designee shall reply in
writing within fifteen (15) days, to the grievant regarding the grievance. The
reasons for 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, orders and regulations, or this
document. The decision 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 or designee shall advise the employee that the complaint is not grievable
and the grievance shall proceed no further unless or until on application by the
employee, a judgment is entered at the trial court level, indicative of the
complaint being jurisdictionally grievable pursuant to the definitions set forth in
§ 1 above and/or pursuant to requirements of timeliness.
D. Step IV
(1) If a grievance is not resolved by the CEO or designee and is deemed
"grievable" pursuant to these rules and regulations, (a defined grievance and/or
timely) then within seven (7) days of service by the CEO or designee of a
grievance decision, the employee may further appeal the matter by filing with
the office of the CEO or his/her 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.
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(2) The employee's appeal shall state with specificity the 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/her 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.
(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 equally by 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.
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(13) Not later than ten (10) days prior to the date of commencement of the hearing,
the parties shall exchange lists of witnesses each intends to call at the 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
exhibits not designated in the 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.
(16) The conduct of the arbitration proceedings shall be governed by this MOU,
and not by CCP § 1280 et seq.
ARTICLE V DISCIPLINARY APPEAL
§1. Purpose
This article is intended to provide a fair, orderly, and due process compliant procedure
whereby employees can seek review of disciplinary actions. Disciplinary actions shall be
defined as: 1) oral warning, 2) written reprimand, 3) suspension without pay, 4) reduction
in pay which is not the result of transfer or reassignment, 5) demotion, 6) dismissal.
Transfers or reassignments resulting in a reduction in bonus or related compensation shall
not be considered disciplinary action and shall not be subject to review pursuant to either
this MOU or any other District rules, policies and regulations. Further, oral warnings and
written reprimands shall not be subject to appeal beyond the level of the Fire Chief or
designee as set forth below. Performance evaluation reports and/or the discharge of
probationary employees shall not be subject to review pursuant to this Article.
§2. General Provisions
A. Preparation of an appeal 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 appeal is being processed.
C. Failure of the appellant to comply with time limitations specified in the appeal
procedure shall constitute a withdrawal of the appeal, 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 appellant to proceed to the
next step in the procedure. EXCEPTION: Notwithstanding the above, an extension
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of time is permitted with the mutual consent of both parties.
D. Any period of time specified in this rule for the giving of notice or taking of any
action excludes weekends and holidays.
E. Unless otherwise specifically provided for herein, the term "days" shall mean
business days of the Districts Administrative offices.
F. Neither a hearing officer nor the CEO shall have authority to determine if a matter
is within the definition of a disciplinable appeal and/or is timely filed or otherwise
administratively prosecuted in a timely manner.
§3. Pre -Disciplinary Notice
A. In those instances where a supervisor intends that a disciplinary action consisting
of the loss of property (suspension, reduction, demotion or dismissal), the
supervisor intending to issue said recommendation shall provide the affected
employee with a written notice prior to imposition of any such disciplinary action.
Said written notice shall at a minimum, consist of the following:
(1) A statement of the disciplinary action that is being proposed.
(2) The proposed date of imposition of said action.
(3) A statement of the basis for said proposed action.
(4) The Notice shall include as attachments, the materials upon which the
proposed action is based (with the exception of the employee's personnel file,
which need not be attached to the Notice).
(5) A statement of the method for participating in a pre -disciplinary review of the
proposed action.
B. At the discretion of the Fire Chief, a Notice of Intended Disciplinary Action can be
issued by either the Chief or his/her designee.
C. Not later than five (5) days after being served with the Notice of Intended
Disciplinary Action, the employee shall serve the Fire Chief or designee with a
written request to convene such a meeting. The pre -disciplinary review meeting
shall be conducted not later than five (5) days thereafter.
The employee has the option of waiving participation in a pre -disciplinary review
meeting, and instead may respond to the Notice of Intended Disciplinary Action in
writing. If the employee so elects, the employee's substantive written response to
the Notice of Intended Disciplinary Action shall be served upon the Fire Chief or
designee within five (5) days of service of the Notice of Intended Disciplinary
Action.
D. The pre -disciplinary review meeting shall be a non -evidentiary, informal meeting
conducted pursuant to the principles in Skelly v. State Personnel Board. There
shall be no subpoena power as regards said pre -disciplinary review meeting and
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there shall be no examination of witnesses. Rather, the purpose of the meeting is
for the subject employee to provide the Fire Chief or designee with an informal
rebuttal to the findings and conclusions set forth by the Fire Chief or designee.
E. If the employee does not elect to participate in a pre -disciplinary review meeting,
then the Fire Chief or designee shall issue a Notice of Disciplinary Determination
based upon a review of the Notice of Intended Disciplinary Action and the materials
incorporated therein.
F. Regardless of whether or not the Notice Intended Disciplinary Action is issued by
the Chief or a designee, the Chief shall preside over any timely requested pre
disciplinary review proceeding and shall issue a determination either rejecting,
modifying or sustaining the nature of the proposed action. However, the pre -
disciplinary review proceeding shall not result in an increase in the severity of the
proposed action without an amended Notice of Intended Action being first drafted
and served and which so reflects the Fire Chief's recommendation.
G. The Fire Chief shall cause the Notice of his/her post -review determination to be
served upon the employee and/or the employee's representative.
H. The decision by the Fire Chief or designee shall address whether or not the appeal
of the employee is appealable pursuant to the definition set forth in § 1 above
and/or is timely filed or otherwise administratively prosecuted in a timely manner.
In the event that the Fire Chief or designee determines that the employee's appeal
is not defined as such by § 1 above and/or is not timely filed or otherwise
administratively prosecuted in a timely manner, the Fire Chief or designee shall
advise the employee that the matter is not appealable and the appeal shall proceed
no further unless or until on application by the employee, a judgment is entered at
the trial court level, indicative of the matter being jurisdictionally appealable
pursuant to the definitions set forth in § 1above and/or pursuant to requirements
of timeliness.
§4. Hearing Officer Appeal
A. This Step shall only be applicable to an appeal of disciplinary actions consisting of
a deprivation of property (suspension, reduction, demotion or dismissal).
B. If an appeal is not resolved by the Fire Chief following a pre -disciplinary review
meeting, then within seven (7) days of service by the Fire Chief or designee of
his/her decision, the employee may further appeal the matter by filing with the
office of the Fire Chief or his/her designee a written appeal to an advisory hearing
officer. Said appeal shall be timely only if it is received in the office of the Fire Chief
or designee not later than seven (7) days after service of the appealable decision
by the Fire Chief or designee.
C. The employee's appeal shall state with specificity all allegations of facts and law
upon which the appeal is based, and the specific relief sought.
D. Within ten (10) days after receipt of a valid appeal, the Fire Chief or his/her
designee shall request of the California State Conciliation and Mediation Service,
that it submit a list of seven (7) hearing officers for hearing of the appeal. The Fire
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Chief or designee shall direct that a copy of the list of hearing officers be sent to
the employee and to the Fire Chief or designee, as well.
E. Absent mutual selection of a hearing officer from either the submitted list or
otherwise, the hearing officer shall be chosen by an initial flip of the coin, with the
prevailing employee or Fire Chief/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 hearing officer candidate shall be deemed the
appointed hearing officer.
F. The hearing officer shall conduct the hearing at a time and place mutually agreed
upon by the parties.
G. The hearing shall be memorialized by use of a certified shorthand reporter. The
shorthand reporter shall be selected by the employee.
H. All fees and expenses of the hearing officer shall be borne equally by the parties.
I. 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.
J. The per diem fee of the shorthand reporter shall be borne equally by the parties.
The cost of transcription shall be borne by the party ordering the transcript.
K. 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 hearing officer in rendering evidentiary rulings. Further, the California
Administrative Procedure Act shall specifically be of no application to the hearing
process. Additionally, the Fire Chief or designee shall be specifically authorized to
call the employee or any other individual as a witness during his case in chief or
otherwise as the Fire Chief or designee may deem appropriate.
L. 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 hearing officer without corroboration. In general, the hearing officer
shall admit evidence which is of such reliability that reasonable persons rely upon
it in the conduct of serious matters such as the hearing.
M. The burdens of proof and production of evidence shall be borne by the Fire Chief.
The standard of proof shall be by a preponderance of the evidence.
N. Not later than ten (10) days prior to the date of commencement of the hearing, the
parties shall exchange lists of witnesses each intends to call at the 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 exhibits not designated
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in the submissions.
O. The hearing officer shall be empowered to issue subpoenas for the production of
persons and documents. The hearing officer 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.
P. Not later than thirty (30) days after closure of the record, the hearing officer shall
render a written advisory opinion regarding the issues at dispute, and shall submit
the advisory opinion to the employee, to the Fire Chief and to the Chief Executive
Officer of the District.
§5. CEO Decision
A. Within thirty (30) days following receipt of the hearing officer's decision, the Chief
Executive Officer shall advise the parties in writing pursuant to paragraph 4, below,
of whether or not the hearing officer's recommendation is adopted. If adopted, the
Chief Executive Officer need not review transcripts of the proceedings. If the Chief
Executive Officer adopts the hearing officer's recommendation, then it shall be
considered a final determination.
B. In the event that the Chief Executive Officer determines that the hearing officer's
recommendation may be subject to rejection or modification, the Chief Executive
Officer shall, within thirty (30) days of receipt of the appeal, so notify the parties
and shall order a transcript of the proceedings before the hearing officer with
copies to the employee and the Fire Chief. In such case, the cost of producing the
transcript of the proceedings shall be borne equally by the parties. Within thirty
(30) days of service of the transcript, the employee and the Fire Chief may submit
to the Chief Executive Officer, a written memorandum of points and authorities in
support of their respective positions.
C. Within thirty (30) days of receipt of the legal briefs, the Chief Executive Officer shall
render a final determination either sustaining, modifying or rejecting the hearing
officer's recommendation. The Chief Executive Officer's decision shall be
submitted to the parties in writing and shall be final upon service being made by
mail.
D. Allowable judicial review of the Chief Executive Officer's decision shall be sought
within the time constraints of CCP § 1094.6 (mandating that a petition for
peremptory writ of mandate shall be filed not later than the ninetieth day following
the date on which the Chief Executive Officer's decision is mailed by first-class
mail, postage pre -paid, including a copy of the affidavit or certificate of mailing).
ARTICLE VI SAFETY
§1. Compliance
District and employees in Association shall conform to and comply with all health, safety,
and sanitation requirements imposed by District, state or federal law or regulations
adopted under state or federal law.
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§2. Non -Discrimination
No employee shall be in any way discriminated against as a result of reporting any
condition believed to be a violation of 1 of this Article V.
§3. Safety Equipment
Should the employment duties of an employee in the unit, in the estimation of OSHA,
require use of any equipment or gear to ensure the safety of the employee or others,
District agrees to furnish such equipment or gear.
§4. Employee Responsibility
In the course of performing their normally assigned work, employees will be alert to
observe unsafe practices, equipment, and conditions; as well as environmental conditions
in their immediate area which represent health hazards and will report such conditions to
their immediate supervisor. All employees shall make certain that all power machinery is
equipped with safety devices properly installed and in working condition and that co-
workers use utmost care in the handling of tools and equipment. Employees shall report
all accidents immediately to their immediate supervisors. Reports shall be submitted on
forms provided by District.
§5. Smoking Policy
Members of Association agree to accept and comply with the District's Smoking Policy as
written and approved by the Fire Chief.
ARTICLE VII MANAGEMENT RIGHTS
§1. Scope of Rights
It is understood and agreed that District possesses the sole right and authority to operate
and direct the employees of District in all aspects, except as modified in this Memorandum
of Understanding. These rights include, but are not limited to:
A. The right to determine its mission, policies, and standards of service to be provided
to the public;
B. To plan, direct, control, and determine the operations or services to be conducted
by employees of District;
C. To determine the methods, means, and number of personnel needed to carry out
District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District,
F. To promote, suspend, discipline, or discharge employees;
G. To layoff or relieve employees due to lack of work or funds or for other legitimate
reasons, (Any provision within this MOU, City rules or regulations or any other
policy or procedure promulgated by the City or any Department of the City which
prohibits the imposition of layoffs, is deemed null and void);
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Fire Support MOU 2019-2021
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
J. To contract out for goods and services;
K. To take any and all actions as may be necessary to carry out the mission of District
in situations of civil emergency as may be declared by the Board of Directors or
Fire Chief;
L. To schedule and assign work; and,
M. To establish work and productivity standards.
§2. Emergency Conditions
If in the sole discretion of the Board of Directors or Fire Chief it is determined that extreme
civil emergency conditions exist, including, but not limited to, riots, civil disorders,
earthquakes, floods, or other similar catastrophes, the provisions of this MOU may be
suspended during the time of the declared emergency, provided that wage rates and
monetary fringe benefits shall not be suspended.
ARTICLE VIII EMPLOYEE RIGHTS
§1. Scope of Rights
All employees shall have the rights which may be exercised in accordance with State Law,
applicable ordinances, rules and regulations, including but not limited to:
A. The right to form, join and participate in the activities of employee organizations of
their own choosing for the purpose of representation on all matters of employer-
employee relations.
B. The right to be free from interference, intimidation, restraint, coercion,
discrimination, or reprisal on the part of an appointing authority, supervisor, other
employees, or employee organizations as a result of their exercise of rights
granted in this Article.
The provisions of Section 3500 et seq. of the Government Code are hereby
incorporated as such provisions may apply to employees within the Support
Services Association.
§2. New Employee Orientation
The District shall provide thirty (30) minutes at a mutually agreeable time during the
employee onboarding process for a Fire Support Services (Union) representative to meet
with a new Union covered employee and present the benefits of being a member of the
Union. Onboarding of new employees occurs during the first working day at the start of a
new pay period up to 26 times per year.
The District will provide the designated Union representatives with all available information
about the employees as required under AB 119 within 30 days of the employees start date
and the Districtwill provide the required information on all Union covered employees again
as required under AB 119 at least three (3) times per year.
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ARTICLE IX MAINTENANCE OF BENEFITS
All wages, hours and terms and conditions of employment specifically provided for in this
memorandum of understanding, shall remain in full force and effect during the term of the
MOU, unless modified pursuant to written agreement of the parties.
ARTICLE X 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 XI PROVISIONS OF LAW
It is understood and agreed that this MOU and employees are subject to all current and
future applicable Federal and State laws and regulations and the current provisions of
District law. If any part or provisions of this MOU is in conflict or inconsistent with such
applicable provisions of those Federal, State, or District enactments or is otherwise held
to be invalid or unenforceable by any court of competent jurisdiction, such part or provision
shall be suspended and superseded by such applicable law or regulations, and the
remainder of this MOU shall not be affected thereby. If any substantive part or provision
of this MOU is suspended or superseded, the parties agree to re -open negotiations
regarding the suspended or superseded part or provisions with the understanding that the
total compensation to employees under this MOU shall not be reduced or increased as
result of this Article.
District and Association recognize that under this MOU and in personnel matters not
covered in this contract, the current District Personnel Rules and/or Manual of Operations
as amended and effective shall apply. The Personnel Rules applicable to the Association
shall not be changed for the duration of this Agreement.
ARTICLE XII TERM
The term of this MOU shall commence on July 1, 2019 and will continue for a two-year
period, ending on June 30, 2021.
ARTICLE XIII NEGOTIATION OF SUCCESSOR MOU
The parties agree that negotiation of a successor to this MOU shall commence not later
September 1, 2020.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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EXHIBIT A
FIRE SUPPORT SERVICES
Administrative Assistant
Communications Technician
Community Affairs Senior Coordinator
Emergency Management Coordinator
Emergency Medical Services Administrator
Executive Assistant
Executive Assistant II
Fire Equipment Apprentice Mechanic
Fire Equipment Lead Mechanic
Fire Equipment Mechanic
Fire Information Systems Technician
Fire Prevention Specialist Inspection I
Fire Prevention Specialist Inspection II
Fire Prevention Supervisor
Fire Shop Supervisor
Maintenance Officer
Management Aide
Management Analyst I
Management Analyst II
Management Analyst III
Plans Examiner - Fire
Public Education Specialist
Fire Clerk
Fire Prevention Technician
Quality Improvement Specialist
Emergency Medical Services Quality Improvement Nurse
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Fire Support MOU 2019-2021
Association
zLt, Ick
Date
Fire Prevention Supervisor
District
-Al
Date
Robert Neiuber
Human Resources Director
Approved by action of the Board of Directors the
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Fire Support MOU 2019-2021
11 day of J` 4 , 2019.