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HomeMy WebLinkAboutFD 2021-028 - Resolution RESOLUTION NO. FD 2021-028 RESOLUTION OF THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, APPROVING SIDE LETTER AGREEMENTS BETWEEN THE RANCHO CUCAMONGA PROTECTION DISTRICT AND FIRE DISTRICT BARGAINING UNITS, INCLUDING A PART-TIME EMPLOYEE BENEFIT UPDATE WHEREAS, representatives of the Rancho Cucamonga Fire Protection District (District) and Fire District's Bargaining Unit representatives have met and conferred pursuant to the provisions of the Meyers-Milias-Brown Act (California Government Code §3500, et seq.) with regard to terms and conditions of employment; and WHEREAS, representatives of the District and Fire District's Bargaining Unit representatives have agreed upon and presented to this Fire Board a Side Letter Agreement(see attached Side Letter Agreements) and a Part-Time Employee Benefit Update, effective September 15, 2021 until November 30, 2021; and NOW, THEREFORE, THE FIRE BOARD OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT HEREBY RESOLVES that said Side Letter Agreements with all Fire District's Bargaining Units and Part-Time Employee Benefit Update are hereby approved and the City Manager is hereby authorized to sign said Side Letter Agreements on behalf of the Rancho Cucamonga Fire Protection District, and the City Clerk to attest thereto. Resolution No. FD 2021-028 - Page 1 of 2 f' PASSED, APPROVED AND ADOPTED this 151n day of September, 2021. i L "Ann—is.-Michael, Presiden ATTEST: JEWice 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 15tn day of September 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 16 m daySeptember, of Septe be , 2021, at Rancho Cucamonga, California. aWt� e. 141't,0eV(,4 ice C. Reynolds, Clerk Resolution No. FD 2021-028 - Page 2 of 2 RESOLUTION NO. 2021-028 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE MANAGEMENT EMPLOYEES GROUP The Rancho Cucamonga Fire Protection District("District") and the Fire Management Employees Group (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019 and expires on June 30, 2023. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District (District)wants to encourage employees to be"fully vaccinated"for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof'would be eligible for the following incentives. Incentive: Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating holiday time and eligible full-time 40-hour personnel would receive 20 hours of floating holiday time that must be used prior to June 30, 2022, in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The District recognizes that employees with qualifying disabilities under the Americans with Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII)may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The District has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII,but employees should understand that the District is not legally required to, provide accommodations to all employees who make such a request. Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- RESOLUTION NO. 2021-028 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof'means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means the District's approved COVID-19 tester, any San Bernardino County run COVID-19 testing location, or any testing location provided by an employee's District offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoon(cr,cityofrc.us). The Deputy City Manager's determination is final. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Management Employees Group. For the Fire Protection District For the Fire Management Employees Group John Gillison Mike McCliman, President City Manager Fire Management Employees Group RESOLUTION NO. 2021-028 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE UNION LOCAL 2274 The Rancho Cucamonga Fire Protection District ("District") and the Fire Union Local 2274 (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2019 and expires on June 30, 2023. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District (District)wants to encourage employees to be"fully vaccinated"for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof'would be eligible for the following incentives. Incentive: Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating holiday time and eligible full-time 40-hour personnel would receive 20 hours of floating holiday time that must be used prior to June 30, 2022, in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The District recognizes that employees with qualifying disabilities under the Americans with Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The District has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes,including the ADA and Title VII,but employees should understand that the District is not legally required to, provide accommodations to all employees who make such a request. Definitions: RESOLUTION NO. 2021-028 "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof"means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA) or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means the District's approved COVID-19 tester, any San Bernardino County run COVID-19 testing location, or any testing location provided by an employee's District offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoonLcvcityofrc.us). The Deputy City Manager's determination is final. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Union Local 2274. For the Fire Protection District For the Fire Union Local 2274 John Gillison Chad Comeau, President City Manager Fire Union Local 2274 RESOLUTION NO. 2021-028 SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE FIRE SUPPORT SERVICES ASSOCIATION The Rancho Cucamonga Fire Protection District ("District") and the Fire Support Services Association (collectively, the "Parties") entered into a Memorandum of Understanding ("MOU") that commenced on July 1, 2021 and expires on June 30, 2025. The Parties met and conferred in good faith in August and September of 2021. The Parties agreed to a temporary COVID-19 vaccine incentive program. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace,the Rancho Cucamonga Fire Protection District (District)wants to encourage employees to be"fully vaccinated"for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof'would be eligible for the following incentives. Incentive: Full-Time Employees: Eligible full-time shift personnel would receive 24 hours of floating holiday time and eligible full-time 40-hour personnel would receive 20 hours of floating holiday time that must be used prior to June 30,2022, in accordance with their existing MOU's. These days may be taken by an employee at his or her convenience, subject to approval of the supervisor. The District recognizes that employees with qualifying disabilities under the Americans with Disabilities Act(ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII) may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The District has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII,but employees should understand that the District is not legally required to, provide accommodations to all employees who make such a request. Definitions: RESOLUTION NO. 2021-028 "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. "Proof"means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA)or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means the District's approved COVID-19 tester, any San Bernardino County run COVID-19 testing location, or any testing location provided by an employee's District offered Health Plan Care Provider. Employees must coordinate with their supervis r on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassooi(a&,cityofrc.us). The Deputy City Manager's determination is final. This Side Letter of Agreement shall be incorporated into the MOU. The MOU shall remain in full force and effect except to the extent modified by this Side Letter of Agreement. This Side Letter of Agreement shall not be effective until ratified by the District Board and approved by the Fire Support Services Association. For the Fire Protection District For the Fire Services Support Association John Gillison Shane Adams, President City Manager Fire Services Support Association RESOLUTION NO. 2021-028 NEW PART-TIME EMPLOYEE BENEFIT The Rancho Cucamonga Fire Protection District is providing a temporary COVID-19 vaccine incentive program for part-time employees. COVID-19 Vaccine Incentive Program In order to maintain a safe and healthy workplace, the Rancho Cucamonga Fire Protection District (District)wants to encourage employees to be"fully vaccinated"for COVID-19 in order to contain and mitigate the spread of COVID-19 within the workplace and the community. For those reasons, the District is desirous of implementing a COVID-19 Vaccine Incentive Program for all District employees. This program would be in place until November 30, 2021. Any current employee who is "fully vaccinated" and has provided "proof'would be eligible for the following incentives. Incentive: Part-Time Employees Eligible part time employees would receive 10 hours of floating holiday time which they can use on November 25, 2021 or December 25, 2021. Departments would work with their part-time employees and add 10 hours of floating holiday time onto their timecards for one of those two dates. The District recognizes that employees with qualifying disabilities under the Americans with Disabilities Act (ADA) and employees with sincerely held religious beliefs under Title VII of the Civil Rights Act of 1964 (Title VII)may request medical or religious accommodations in order to be considered eligible for this program. Qualifying employees are entitled to a reasonable accommodation process. The District has found that a reasonable accommodation for those that qualify for an accommodation is a weekly "COVID-19 test" at an "approved testing location" during working hours during the eligibility period of the program (adoption to November 30, 2021). This provides an alternate way to maintain a safe and healthy workplace. Employees requesting any statutory exemption from the eligibility requirements of this program may be required to provide supporting documentation, certification, or other evidence or information permissible by law. Requests for accommodation must be made within fourteen (14) calendar days of adoption of this policy. Each request will be considered under the applicable statutes, including the ADA and Title VII,but employees should understand that the District is not legally required to, provide accommodations to all employees who make such a request. Definitions: "fully vaccinated" The employer has documented that the person received, at least 14 days prior, either the second dose in a two-dose COVID-19 vaccine series or a single dose COVID- 19 vaccine. Vaccines must be FDA approved; or have an emergency use authorization from the FDA. RESOLUTION NO. 2021-028 "Proof'means valid documentation of the person's COVID-19 vaccination record,which may be their vaccine card or a copy or a digital version thereof, as provided by their health care provider, the State Department of Public Health or another state or federal agency has been shared with the City HR Department. HR will review the proof but keep no copies. A confidential spreadsheet of those that are fully vaccinated will be maintained by the City "COVID-19 test"means a polymerase chain reaction(PCR)test for SARS-CoV-2 that is both: (1)Approved by the United States Food and Drug Administration(FDA)or has an Emergency Use Authorization from the FDA to diagnose current infection with the SARS-CoV-2 virus; and (2) Administered in accordance with the FDA approval or the FDA Emergency Use Authorization as applicable. Acceptable documentation of a COVID-19 test would be an electronic copy of the results as provided to the employee from an approved testing site. HR will review the documentation but keep no copies. A confidential spreadsheet of the weekly testing results will be maintained by the City. "approved testing locations" means the District's approved COVID-19 tester, any San Bernardino County run COVID-19 testing location, or any testing location provided by an employee's District offered Health Plan Care Provider. Employees must coordinate with their supervisor on testing times. The forms for requesting a medical or religious exemption are available from Human Resources. If an accommodation request is denied, employees will have seven calendar days to request in writing (email is acceptable) a reconsideration from the Deputy City Manager, Lori Sassoon (lori.sassoon(cbcityofrc.us). The Deputy City Manager's determination is final.