HomeMy WebLinkAboutFire Management MOUMEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
FIRE MANAGEMENT EMPLOYEES BARGAINING GROUP
2019-2023
Fire MEG MOU 2099-2023
Contents
PREAMBLE................................................................................................................................................5
ARTICLEI RECOGNITION......................................................................................................................5
ARTICLEII COMPENSATION.................................................................................................................5
§ 1.
Salary Ranges..............................................................................................................................5
§ 2.
Salary Plan....................................................................................................................................8
A.
Salary Ranges.................................................................................................................................8
1.
Salary on appointment..................................................................................................................8
2.
Merit Salary Adjustments...............................................................................................................8
3.
Salary on Promotion.......................................................................................................................9
4.
Salary on Demotion........................................................................................................................9
5.
Salary on Transfer........................................................................................................................10
6.
Salary on Position Reclassification............................................................................................10
7.
Salary on Re-Employment..........................................................................................................10
8.
Salary on Rehire...........................................................................................................................10
9.
Acting Pay......................................................................................................................................10
10.
Salary on Change in Range Assignment..................................................................................11
11.
Training Officer Assignment Pay...............................................................................................11
12.
Bilingual Compensation...............................................................................................................11
B.
Deferred Compensation...............................................................................................................11
C.
Voluntary Employee Benefit Association (VEBA)....................................................................11
§ 3.
Work Periods and Overtime..................................................................................................12
A.
Work Periods.................................................................................................................................12
B.
Work Shifts....................................................................................................................................12
C.
Flex Time........................................................................................................................................12
D.
4/10 Schedule................................................................................................................................13
E.
Overtime Pay.................................................................................................................................13
F.
Call Back........................................................................................................................................14
§ 4.
Uniform Allowance...................................................................................................................14
§ 5.
Employee Group Insurance..................................................................................................14
Fire MEG MOU 2019-2023
A.
Health Insurance.........................................................................................................................15
B.
Dental Insurance.........................................................................................................................15
C.
Vision Insurance..........................................................................................................................15
D.
Life Insurance...............................................................................................................................16
§ 6.
Education Incentive.................................................................................................................16
§ 7.
Retirement Plan.........................................................................................................................16
A.
Benefits: Safety Members...........................................................................................................16
B.
Benefits: Miscellaneous Members.............................................................................................21
§ 8.
Work Related Injuries..............................................................................................................26
§ 9.
Carpooling...................................................................................................................................26
§ 10.
IRS 125 Plan................................................................................................................................27
ARTICLEIII LEAVES..............................................................................................................................27
§ 1.
Holidays.......................................................................................................................................27
§ 2.
Holiday Facility Closure.........................................................................................................29
§ 3.
Vacation Leave..........................................................................................................................29
§ 4.
Sick Leave...................................................................................................................................31
§ 5.
Conversion Factor....................................................................................................................33
§ 6.
Personal Leave..........................................................................................................................34
§ 7.
Bereavement Leave..................................................................................................................34
A.
40 -hour Personnel........................................................................................................................34
ShiftPersonnel.............................................................................................................................35
B.
Immediate Family is Defined as: ................................................................................................
35
§ 8.
Compensatory Time.................................................................................................................35
§ 9.
Administrative Leave...............................................................................................................35
§ 10.
Military Leave.........................................................................................................................36
§ 11.
Jury Duty..................................................................................................................................36
§ 12.
Civil Subpoena/Criminal Subpoena...............................................................................37
A.
Civil Subpoena..............................................................................................................................37
B.
Criminal Subpoena.......................................................................................................................37
§ 13.
Leaves of Absence without Pay......................................................................................37
§ 14.
Natal and Adoption Pay......................................................................................................38
A.
Natal and Adoption Leave with Pay...........................................................................................38
B.
Natal and Adoption Leave without Pay.....................................................................................38
Fire MEG MOU 2019-2023
ARTICLE IV GRIEVANCE PROCEDURE...........................................................................................38
§ 1. Purpose........................................................................................................................................38
§ 2. Objectives....................................................................................................................................39
§ 3. General Provisions...................................................................................................................39
§ 4. Informal Grievance Procedure.............................................................................................40
§ 5. Formal Grievance Procedure................................................................................................40
A. Step I..............................................................................................................................................40
B. Step II.............................................................................................................................................40
C. Step III.............................................................................................................................................41
ARTICLEV DISCIPLINE........................................................................................................................43
ARTICLEVI SAFETY..............................................................................................................................44
§ 1. Compliance.................................................................................................................................44
§ 2. No Discrimination.....................................................................................................................44
§ 3. Safety Equipment.....................................................................................................................44
§ 4. Employee Responsibility.......................................................................................................44
§ 5. Smoking Policy..........................................................................................................................44
ARTICLE VII MANAGEMENT RIGHTS...............................................................................................44
§ 1. Scope of Rights.........................................................................................................................44
§ 2. Emergency Conditions...........................................................................................................45
ARTICLE VIII EMPLOYEE RIGHTS.....................................................................................................45
ARTICLE IX MAINTENANCE OF BENEFITS.....................................................................................46
ARTICLE X APPROVAL BY THE BOARD OF DIRECTORS..........................................................46
ARTICLE XI PROVISIONS OF LAW....................................................................................................46
ARTICLEXII TERM.................................................................................................................................46
ARTICLE XIII NEGOTIATIONOF SUCCESSOR MOU.....................................................................47
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Fire MEG MOU 2099-2023
PREAMBLE
This Memorandum of Understanding ("MOU" hereinafter) is made and entered into by and
between the Rancho Cucamonga Fire Protection District ("District' hereinafter), and the
Rancho Cucamonga Fire Protection District Fire Management Employees Bargaining Group
("Fire MEG" hereinafter). The terms and conditions contained in this MOU are applicable to
all full-time employees within this unit and contain the complete results of negotiations
concerning wages, hours and other terms and conditions of employment for said employees
represented herein.
ARTICLE I RECOGNITION
A. Pursuant to the provisions of existing rules and regulations and applicable State law,
District hereby acknowledges Fire MEG as the exclusive recognized employee
organization for the representation unit, which includes all management employees of
District, who are employed on a full-time basis. The classes represented include Fire
Chief, Fire Deputy Chief, Fire Battalion Chief, and Fire Marshal.
B. Fire MEG represents the classification of Fire Chief. However, Fire Chief is an at -will
position, not subject to Article IV or V of this MOU or the District's Personnel Rules.
At -will positions may be terminated at any time with or without cause or notice at the
will of the City Manager or Rancho Cucamonga Fire Protection District in its sole
discretion and without any right due process or appeal right. Furthermore, the Fire
Chief is precluded from acting as a Fire MEG representative or being a member of the
Fire MEG Board.
ARTICLE II COMPENSATION
§ 1. Salary Ranges
A. All bargaining unit members shall receive an equity adjustment according to the
following schedule:
3.66% equity adjustment, effective the first full pay period in August 2019;
4% equity adjustment, effective the first full pay period in July 2020;
3% equity adjustment, effective the first full pay period in July 2021;
2% equity adjustment, effective the first full pay period in July 2022.
B. Survey Cities: Fire MEG and District agree that the survey cities shall be the cities of
West Covina, Corona, Ontario, Riverside, Pasadena and Chino Valley Fire District. A
survey of the identified labor market cities will be completed, reviewed by the Fire
MEG and District, and used as the comparison basis for any negotiations regarding
Fire MEG MOU 2019-2023
market equity adjustment and cost of living adjustment. The survey will be completed
and available for review by District and Union no later than December 1 of the year
prior to MOU expiration unless mutually agreed otherwise by the parties. Survey data
will be those compensation amounts known and in effect as of the December 1 survey
date. In the event a survey agency has a MOU that extends beyond the end of the
fiscal year during which the survey is performed, the survey elements known and
scheduled to be in force as of the following July will also be surveyed and included in
the total compensation survey by the December 1 date.
C. Survey Elements:
1. Top step base pay for Fire Chief, Deputy Fire Chief, and Battalion Chief. Fire
Marshall Pay shall not be surveyed, but figured at 7.26% above each Battalion
Chief step;
2. Agency pick-up of member contributions to the Public Employees' Retirement
System ("PERS"); employer contribution to PERS, net of any employee cost
sharing;
3. Uniform Pay;
4. Employer Contribution to Deferred Compensation;
5. Maximum employer contribution to Voluntary Employee Benefit Association
(VEBA). For the purposes of the survey, this benefit will be reflected as a fringe
benefit under MSA;
6. Maximum employer contribution to medical, dental, vision and long-term disability
plans for new employees; and
7. Any other incentive or premium that 50% or more of the individuals given in a
classification at an agency are eligible to receive, if it is also provided by more than
50% of the survey agencies, exclusive to the District.
An individual is "eligible to receive" an incentive or premium if that individual can
receive the item upon satisfaction of specified conditions (if any), without limits as
to the number of individuals who can receive the incentive. For example, if a
specialized training incentive is available to each individual who achieves the
specific technical qualifications, the individual is "eligible to receive" that incentive
even if he or she has not yet attained the technical certification that is required to
actually receive it.
Conversely, if a department offers a premium that requires training but only grants
that premium to a limited number of individuals or only to individuals in a certain
limited number of assignments, the number of individuals above the limit are not
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Fire MEG MOU 2019-2023
eligible to receive the premium. In those instances, the stipends may be reviewed
and discussed on an individual basis.
D. Survey Procedures and Users:
Any survey element that is expressed as a percent of salary will be converted to a
dollar amount using the top step base pay for the classification and agency involved.
Multi -tiered survey elements involving medical benefits or other health and welfare
benefits will be surveyed based on the compensation provided to new employees for
that element. If applicable, other multi -tiered incentives will be surveyed at the highest
amount of incentive pay obtainable, so long as the thresholds in Item C.5 are met. For
comparison purposes in determining a market average, the high and low (of those that
receive any given benefit) will be dropped for each salary element, except base salary,
where all survey agencies will be used. After dropping the high and low agency, the
mean average for the applicable survey element will be calculated. The resulting
average numbers for each survey element will be added together to determine a
cumulative average total compensation.
The results may be used for comparison purposes in negotiations involving future
compensation adjustments. There is no obligation to implement and salary element or
to make any compensation adjustment based on the survey results and the parties
acknowledge that other factors, including revenue, staffing, PERS contributions and
other post -employment benefit ("OPEB") costs play a significant factor in the ability of
the District to implement any survey element.
Survey Example:
1. Look at a particular benefit at the maximum level achievable (in this example
highlighted in yellow for each city):
Chino Valley Fire District
7%
City
of West Covina Benefit X
3% or 5%
City
of Riverside Benefit X
5%; 10% or 15%
City
of Pasadena Benefit X
3% or 6%
City
of Ontario N/A
City
of Corona Benefit X
2%
2. Drop high (Riverside 15%) and low (Corona 2%) from among the five agencies
that offer the benefit.
3. Average remaining three cities [(W.0 5% + Pasadena 6% + CVFD 7%) / 3 = 6%].
4. Thus, Benefit X for market comparison purposes is assumed to be 6%.
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Fire MEG MOU 2019-2023
§ 2. Salary Plan
A. Salary Ranges
Effective the first full pay period in August 2019, "A" step salaries in the salary
schedule, for all ranks, will be removed. The salary steps will be reorganized, where
step B step becomes the new step A, step C becomes the new step B, etc., G step
will drop off from the salary range for Fire Chief and Fire Deputy Chief positions and
F step will drop off from the salary range for Fire Battalion and Fire Marshal. No
changes to the employees pay rates will result from these changes.
The base salary for Fire Chief, Deputy Fire Chief consists of ranges having six (6)
steps, labeled A through F, with approximately five percent (5%) between each step.
The base salary for Battalion Chief and Fire Marshall consists of ranges having five
(5) steps, labeled A through E, with approximately five percent (5%) between each
step. The salary for Fire Marshal is set at 7.26% above the 40 hour a week Fire
battalion Chief.
Placement within the range shall be in accordance with the following:
1. Salary on appointment
New employees shall be compensated at Step "A" of the salary range to which
their class is allocated. If unusual recruitment difficulties are encountered or a
candidate is exceptionally well qualified, appointment at a higher step in the salary
range may be authorized by the Fire Chief.
2. Merit Salary Adjustments
Advancement within a salary range shall not be automatic, but shall be based upon
job performance and granted only on the recommendation of the employee's
supervisor and approval of the Fire Chief. Employees shall be considered for merit
salary increases in accordance with the following:
a. Employees who are placed at Step A upon original employment, reinstatement,
or promotion are eligible for a merit salary review after six (6) months of service.
Subsequent merit salary review dates shall fall upon the completion of twelve
(12) month service intervals.
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
months of service. Subsequent review dates shall fall upon the completion of
twelve (12) month service intervals.
c. The granting of an official leave of absence of more than thirty (30) continuous
calendar days, other than military leave, shall cause the employee's merit
salary review date to be extended the number of calendar days he or she was
on leave.
Fire MEG MOU 2019-2023
d. If, in the supervisor's judgement, 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 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 given six (6) month period.
h. In order to address a situation where in application of this section would result
in the inequitable treatment of employee and upon the recommendation of the
Fire Chief and approval of the Board, an employee may be placed at any step
in the salary range for his or her class.
3. Salary on Promotion
An employee, who is promoted to a position in a class with a higher salary range
than the class in which he or she formerly occupied a position, shall receive the
nearest higher monthly salary in the higher salary range that would constitute a
minimum five percent (5%) salary increase over his or her base salary rate,
provided that no employee may receive a rate in excess of the top step 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 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 (5) percent reduction
in pay.
Fire MEG MOU 2019-2023
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 ad 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 will not change.
c. If the salary of the employee is greater than the maximum of the range of the
new class, the salary of the employee shall be designated as a "Y -rate" and
shall not change during continuous regular service until the maximum of the
salary range to which the class is assigned exceeds the salary of the employee.
7. Salary on Re -Employment
An employee recalled after a layoff shall receive the same salary step in the range
of the class which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may be
recommended by the Supervisor and approved by the Fire Chief. The employee's
merit salary review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%), above the
affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned only doing the 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
Fire MEG MOU 2019-2023
paid beginning with the sixteenth (16th) consecutive day worked in an acting
capacity, sixth (61h) 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 a class on the date the reassignment is
effective shall be adjusted to the step her or she was receiving in the former range.
11. Training Officer Assignment Pay
When assigned on a 40 -hour schedule as the Department Training Officer, the
Battalion Chief shall receive additional compensation calculated as 7.26% of Step
E of the 40 -hour Battalion Chief salary. This compensation shall be in addition to
the regular compensation paid to employee. Training Officer assignment is only
for safety employees performing as the Training Officer at 7.26% of the step the
employee is currently earning.
12. Bilingual Compensation
Bargaining Unit members who qualify for bilingual pay shall be compensated at
the rate of seventy-five dollars ($75.00) per month. Employees must pass an
examination demonstrating their proficiency in the Spanish, Chinese or Korean
languages.
B. Deferred Compensation
Effective the first full pay period in August 2019, District -paid contribution to Deferred
Compensation Plan will be increased by 2%, for each rank, as a percentage of monthly
base salary. The new District -paid contributions are as follows:
Fire Chief 8%
Deputy Fire Chief 6%
Battalion Chief and Fire Marshal 4%
C. Voluntary Employee Benefit Association (VEBA)
The City has established a Voluntary Employee Benefit Association (VEBA) through
the California Government Voluntary Employee Benefit Association to assist
employees with planning for future health care expenses. Represented employees
shall be eligible to participate in the plan according to a schedule to be established as
an addendum to this MOU.
Fire MEG MOU 2019-2023
Contributions to the Plan shall be made as District contributions through a salary
reduction arrangement and are made on a pre-tax basis in accordance with IRS
provisions. At the discretion of the Union, employee contributions may be amended
once per year provided that such amendment is permitted by IRS regulations and in
conformity with the Plan Document.
Effective the first full pay period in August 2019, the Fire District will contribute 2% of
base salary per pay -period. Example: A bi-weekly base pay of $2,000 equals a
biweekly contribution of $40.
§ 3. Work Periods and Overtime
A. Work Periods
1. Employees assigned to 24-hour shifts shall work a Kelly Schedule that consists
of a 24 day rotation pursuant to section 207 (k) of the Fair Labor Standards Act
(FLSA) as follows:
SUNMON TUES WED THURS FRI SAT
2. The pay period for shift personnel is 14 days. Overtime is paid for time worked
in excess of one hundred six (106) hours in the pay period.
3. The work period for forty (40) hour personnel is seven (7) days with overtime
being time worked in excess of forty (40) hours in the period.
B. Work Shifts
1. All twenty-four (24) hour work shifts begin at 0800 and end at 0800 the following
day, twenty-four (24) hours thereafter.
2. Personnel assigned to a forty (40) hour schedule shall work Monday through
Thursday from 0700 to 1800 inclusive of paid breaks and unpaid sixty (60)
minute meal period.
C. Flex Time
1. The work schedules of employees assigned to other than fire suppression is
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 for overtime. This however, is
Fire MEG MOU 2019-2023
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.
5. Management employees shall be allowed to work a flexible work week upon
the approval of their supervisor.
D. 4/10 Schedule
With the 4/10 implementation, employees who experience hardship due to child care
issues, may request alteration of their schedule by taking a'/2 hour lunch and arriving
at work Y2 hour late or leaving work '/z hour early. Additionally, employees who carpool
at least 60% of the pay period and 60% of the distance into their normally assigned
workplace are eligible to leave'/2 hour early from work or arrive'/2 hour late.
E. Overtime Pay
1. The rate of pay for overtime hours worked shall be at the rate of time and one-
half (1.5) the regular rate of pay, for those employees eligible for overtime.
2. Wages: The Battalion Chief in Training and suppression Battalion Chiefs will
be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time
and one-half (1.5) rate of pay.
3. For purposes of computing overtime pay under the Fair Labor Standards Act,
military leave shall be the only leave of absence not considered hours worked.
4. For the purposes of this section, work time shall not include traveling to and
from the normal work site.
5. All non-exempt full-time employees who are called back to work from off-duty
as a result of an emergency, shall be paid at the rate of time and one-half (1/2)
for any hours worked, with a minimum of two (2) hours pay for each emergency
recall. Employees required to work more than fifteen (15) minutes shall be
compensated for a minimum of one (1) hour; any time worked over one (1)
hour will be paid in one-half (1/2) hour increments (fifteen (15) minutes work
shall constitute one-half (1/2) hour). Time spent in traveling to and from the
worksite shall be compensated in accordance with FLSA.
Fire MEG MOU 2019-2023
Employees required (held over) to work more than (15) minutes overtime shall
be compensated for a minimum of one (1) hour. Any overtime worked in excess
of one (1) hour will be paid in half hour increments. Provisions shall be made
for an equitable distribution of overtime, consistent with efficient operations of
the District.
6. The Deputy Chief will be paid an amount equal to State and/or Federal
reimbursements received by the District for the work performed through State
and/or Federal requests for hours worked beyond the normal forty (40) hour
work week (e.g. strike teams), at the Deputy Chiefs normal rate of pay,
provided the Deputy Chief is acting in a management capacity consistent with
their normal position under the Fair Labor Standards Act. The requisite
amounts equal to the time worked beyond the normal forty (40) hour work week
will be paid to the Deputy Chief during the pay period in which the work
performed through State and/or Federal requests for hours worked beyond the
normal forty (40) hour work week (e.g. strike teams) occurs. This section is
intended to allow a Deputy Chief to lead a strike team, if necessary, as would
a regular shift Battalion Chief, without having to use accrued vacation leave.
F. Call Back
A minimum of two (2) hours of work time will be credited to an employee who
responds to a District call to come to work during off-duty hours. This section is not
to be interpreted as requiring said minimum in the event of an extended work day
or when the employee begins his or her regular work shift before the normal
starting time.
§ 4. Uniform Allowance
A. The District shall provide three (3) sets of work uniforms for each employee who is
required to wear a uniform prior to his or her start date. The value of these initial
uniforms provided shall be reported to CalPERS as compensation in accordance
with applicable CalPERS requirements. Suppression members must buy their own
class A uniforms at the completion of probation.
B. The District stipulates that its goal on Uniform Allowance is to provide for the
purchase of uniform articles as specified in the District's rules and regulations, to
a maximum of $1,500 Annually per employee for the purchase of four (4) uniforms
to start. The Uniform Allowance will be paid concurrent with the first full pay period
after the beginning of the new fiscal year, in a separate check from the regular
paycheck.
§ 5. Employee Group Insurance
District agrees to provide group insurance plans in accordance with the following:
14
Fire MEG MOU 2099-2023
A. Health Insurance
1. District will provide medical insurance through the State of California Public
Employee's Medical and Hospital Care Program (PEMHCA).
2. District will provide fully paid employee and family health insurance for all
existing full-time and retired employees as of November 17, 1994.
3. District shall provide paid employee and family health insurance for all full-
time employees hired after November 17, 1994, at a monthly amount equal
to the average eligible "Public Employees Medical and Hospital Care
Program" (PEMHCA) medical rates available to active Fire MEG unit
members 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.
4. All new full-time employees hired after November 17, 1994, want to
maintain medical insurance through the State of California, Public
Employees Medical and Hospital Care Program, upon their retirement,
shall be responsible for paying their own premiums.
5. Upon written request of the employee, along with verification that their
spouse and/or family can provide full health insurance, cash compensation
in lieu of medical benefits in the amount of $200.00 for single employees or
$300.00 for employees with dependents, may be provided to the employee.
Selection of compensation shall be at the employee's discretion. The
employee may reenter the District's health plan at any time.
6. Affordable Care Act (ACA) Reopener. The District may reopen negotiations
on the issue of health insurance benefits to address changes to or statutory
scheme that may result from an interpretation of the ACA an in order to
avoid penalties or taxes under the ACA or other statutory scheme by the
Internal Revenue Service or other federal agency (including, but not limited
to, a revenue ruling, regulation or other guidance) or state agency, or a
ruling by a court of competent jurisdiction. These negotiations will not result
in a reduction in the amount the District provides for employee health
coverage.
B. Dental Insurance
District shall continue to provide fully paid employee and family dental
insurance plan for all full-time employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full-time
continuous employees with a maximum payment not to exceed $22.25 a
15
Fire MEG MOU 2019-2023
month. Employees agree to contribute 0.02% of their salary adjustment to fund
their contribution of $2.00 a month for vision insurance. The above amount of
$22.25 includes the employees' contribution. The employee shall pay the cost
of vision insurance in excess of $22.25.
In the event that vision insurance premiums exceed $22.25 during the term of
the contract, the District shall provide advanced notice to the representatives,
if possible, at least thirty (30) days.
D. Life Insurance
The District shall provide a fully paid $50,000 life insurance policy for all Fire MEG
members.
§ 6. Education Incentive
The District shall provide to employees an educational incentive equal to the following:
Bachelor of Arts/Bachelor of Science of Fire Officer Certification = $317/ month
Master of Arts/Master of Science or Chief Officer Certification = $475/ month
Eligibility for the above-mentioned education incentive requires proof of graduation
and receipt of degree from a college or university that is accredited by a national
recognized accrediting agency approved by the United States Secretary of Education
and found on the United Stated Department of Education website. Compliance with
the Fire Officer/Chief Officer certification requires proof of satisfactory completion (C
or better or "pass" in a pass/fail class) of all required classes for the Certification Track
currently authorized and approved by the California State Fire Marshall for Fire Officer
or Chief Officer. Degrees earned online shall be accompanied by a declaration under
penalty of perjury that the subject employee personally performed all requirements for
issuance of the degree. The Fire Chief's determination regarding eligibility for an
education incentive shall be final. The Fire Chief's determination regarding eligibility
for an education incentive shall be final.
The above-mentioned education incentives shall be non -cumulative, meaning that an
employee who meets the highest recognized education incentive, which would be the
Master of Arts/Master of Science or Chief Officer Certification, shall receive only one
incentive pay regardless of whether they have also met the lower recognized
education incentive also. Neither shall an employee receive education incentive pay
for both a degree and a certification.
§ 7. Retirement Plan
A. Benefits: Safety Members
District is enrolled in the State of California Public Employee's Retirement System.
Except as described herein, all benefits provided District employees under the
District's Plan are paid by the District. Present benefits for public safety employees
include the following:
16
Fire MEG MOU 2019-2023
1. Tier 1 - Employees hired prior to July 9, 2011:
§ 21362.2 3% at 50 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20042 1 Year Final Compensation
a. District pays and reports 9% normal PERS member contributions by
resolution.
b. Employees hired prior to July 9, 2011, pay a total of 7% percent of the
CalPERS employer contribution per resolution 17-004.
c. Effective the first full pay period in February 2021, employees shall move
2% of their existing 7% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 2%
of the normal CalPERS member contribution plus 5% towards the Districts'
CalPERS employer contribution. This will reduce EPMC from 9% to 7%
and the District will adopt a resolution to that effect.
d. Effective the first full pay period in February 2022, employees shall move
an additional 3% of their existing 5% CalPERS employer contribution
towards the CalPERS member contribution. The new employee
contribution will be 5% of the normal CalPERS member contribution plus
2% towards the District's CalPERS employer contribution. This will reduce
EPMC from 7% to 4% and the District will adopt a resolution to that effect.
e. Effective the first full pay period in February 2023, employees shall move
the remaining 2% of their existing 2% CalPERS employer contribution
towards the CalPERS member contribution. The new employee
contribution will be 7% of the normal CalPERS member contribution plus
0% towards the Districts' CalPERS employer contribution. This will reduce
EPMC from 4% to 2% and the District will adopt a resolution to that effect.
f. Effective the beginning of the last pay period in June 2023, employees shall
contribute an additional 2% of the normal CalPERS member contribution,
for a total of 9%. This will reduce EPMC from 2% to 0% and the District will
adopt a resolution to that effect.
Fire Chief Position, hired prior to July 1. 2011:
a. Employees in the Fire Chief Position, hired prior to July 1, 2011, pay a total of
ten (10%) percent of the normal CalPERS employer contribution per resolution
17-004.
b. Effective the first full pay period in February 2021, employees shall move 2%
of their existing 10% CalPERS employer contribution towards the CalPERS
17
Fire MEG MOU 2019-2023
member contribution. The new employee contribution will be 2% of the normal
CalPERS member contribution plus 8% towards the Districts' CalPERS
employer contribution. This will reduce EPMC from 9% to 7% and the District
will adopt a resolution to that effect.
c. Effective the first full pay period in February 2022, employees shall move an
additional 3% of their 8% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 5% of
the normal CalPERS member contribution plus 5% towards the Districts'
CalPERS employer contribution. This will reduce EPMC from 7% to 4% and
the District will adopt a resolution to that effect.
d. Effective the first full pay period in February 2023, employees shall move an
additional 2% of their existing 5% CalPERS employer contribution. The new
employee contribution will be 7% of the normal CalPERS member contribution
plus 3% towards the Districts' CalPERS employer contribution. This will reduce
EPMC from 4% to 2% and the District will adopt a resolution to that effect.
e. Effective the start of the last pay period in June 2023, employees shall
contribute an additional 2% of the normal CalPERS member contribution and
move an additional 2% of the normal CalPERS employer contribution towards
the CalPERS member contribution, for a total of 9% CalPERS member
contribution plus 1% towards the Districts' CalPERS employer contribution.
This will reduce EPMC from 2% to 0% and the District will adopt a resolution
to that effect.
2. Tier 2 - Employees hired on or after 7/1/11 and through 12/31/12, and Classic
PERS members, as defined by PERS, who are hired on or after January 1, 2013:
§ 21363.3 3% at 55 Full Formula
§ 21574 4th Level 1959 Survivor
§ 20037 3 Year Final Compensation
a. District pays and reports 8% normal PERS member contributions; employee
pays 1% of the member contribution by resolution. The District has adopted a
resolution providing that all employee CalPERS contributions shall be
deducted on a pre-tax basis per IRC 414(h)(2).
b. Employees hired on July 9, 2011 and through December 31, 2012, as well as
Classic PERS members who are hired on or after January 1, 2013, pay 6% of
the normal CalPERS employer contribution and 1% CalPERS member
contribution per resolution 17-004.
19
Fire MEG MOU 2019-2023
c. Effective the first full pay in February 2021, employees shall move 1% of their
existing 6% CalPERS employer contribution towards the CalPERS member
contribution. The new employee contribution will be 2% of the normal CalPERS
member contribution plus 5% towards the Districts' CalPERS employer
contribution. This will reduce EPMC from 9% to 7% and the District will adopt
a resolution to that effect.
d. Effective the first full pay period in February 2022, employees shall move an
additional 3% of their existing 5% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 5% of
the normal CalPERS member contribution plus 2% towards the Districts'
CalPERS employer contribution. This will reduce EPMC from 7% to 4% and
the District will adopt a resolution to that effect.
e. Effective the first full pay period in February 2023, employees shall move the
remaining 2% of their existing 2% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 7% of
the normal CalPERS member contribution plus 0% towards the Districts'
CalPERS employer contribution. This will reduce EPMC from 4% to 2% and
the District will adopt a resolution to that effect.
f. Effective the start of the last pay period in June 2023, employees shall
contribute an additional 2% of the normal CalPERS member contribution, for a
total 9%. This will reduce EPMC from 2% to 0% and the District will adopt a
resolution to that effect.
Fire Chief Position, hired prior to July 1, 2011 and through December 31, 2012, as
well as Classic PERS members who are hired on or after January 1, 2013:
a. Employees in the Fire Chief Position, hired prior to July 1, 2011 and through
December 31, 2012, as well as Classic PERS members who are hired on or
after January 1, 2013, pay 9% of the CalPERS employer contribution and 1 %
CalPERS member contribution per resolution 17-004.
b. Effective the first full pay period in February 2021, employees shall move 1 %
of their existing 9% CalPERS employer contribution towards the CalPERS
member contribution. The new employee contribution will be 8% towards the
Districts' CalPERS employer contribution plus 2% of the normal CalPERS
member contribution. This will reduce EPMC from 9% to 7% and the District
will adopt a resolution to that effect.
c. Effective the first full pay period in February 2022, employees shall move an
additional 3% of their existing 8% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 5%
towards the District's CalPERS employer contribution plus 5% of the normal
t9
Fire MEG MOU 2019-2023
CalPERS member contribution. This will reduce EPMC from 7% to 4% and the
District will adopt a resolution to that effect.
d. Effective the first full pay period in February 2023, employees shall move an
additional 2% of their existing 5% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 3%
towards the Districts' CalPERS employer contribution plus 7% of the normal
CalPERS member contribution. This will reduce EPMC from 4% to 2% and the
District will adopt a resolution to that effect.
e. Effective the start of the last pay period in June 2023, employees shall pay an
additional 2% of the normal CalPERS member contribution and move an
additional 2% of their existing 3% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 1%
towards the Districts' CalPERS employer contribution plus 9% of the normal
CalPERS member contribution. This will reduce EPMC from 2% to 0% and the
District will adopt a resolution to that effect.
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 2.7% at
57 Formula, 3 year final compensation average.
The employee contribution for new members shall be one-half the normal cost, as
determined by CaIPERS. As of the effective date of this MOU, the required
employee contribution for new members is 11.5% of reportable compensation.
This amount will be adjusted periodically by CaIPERS, and the District employee
contribution adjusted accordingly per state statute.
The District has adopted a resolution providing that all employee CalPERS
contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
It is understood that all contributions paid by the employee as described in Parts 1
through 2 above shall be calculated based upon the pay rate (i.e. full base salary
of the employee), plus any additional special compensation, including any
Employer Paid Member Contributions (EPMC), and as described above in Part 3
above, on the pensionable compensation as defined in the California Public
Employee's Pension Reform Act of 2013 ("PEPRA").
Fire MEG MOU 2099-2023
The District pays EPMC for the various "Tiers" as outlined above and reports the
value of EPMC payments as special compensation. The parties agree that to the
extent permitted by law, this is special compensation and shall be reported as
such pursuant to Title 2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid
Member Contributions. The parties also agree that the District has no additional
obligation or costs should CalPERS, the State or IRS determine otherwise.
The District adopted a resolution providing that all employee CalPERS
contributions shall be deducted on a pre-tax basis to the extent permitted by law
or IRS regulation. All employee payments of the employer share are done pursuant
to Government Code Section 20516(f).
There shall be no sunset date to any provisions in Article II Section 7 Retirement
Plan.
B. Benefits: Miscellaneous Members
District is enrolled in the State of California Public Employee's Retirement System. All
benefits provided District employees under District's Plan are paid by the District.
Present benefits for miscellaneous employees include the following:
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
a. District pays and reports 8% normal PERS member contributions by resolution.
b. Employees hired prior to July 1, 2011, pay 5% of the CalPERS employer
contribution per resolution 17-004.
c. Effective the first full pay period in February 2021, employees shall move 2%
of their existing 5% CalPERS employer contribution towards the CalPERS
member contribution. The new employee contribution will be 3% towards the
Districts' CalPERS employer contribution plus 2% of the normal CalPERS
member contribution. This will reduce EPMC from 8% to 6% and the District
will adopt a resolution to that effect.
d. Effective the first full pay period in February 2022, employees shall move the
remaining 3% of their existing 3% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 0%
towards the Districts' CalPERS employer contribution plus 5% of the normal
Fire MEG MOU 2019-2023
CalPERS member contribution. This will reduce EPMC from 6% to 3% and the
District will adopt a resolution to that effect.
e. Effective the first full pay period in February 2023, employees shall contribute
an additional 1% of the normal CalPERS member contribution, for a total of
6%. This will reduce EPMC from 3% to 2% and the District will adopt a
resolution to that effect.
f. Effective the start of the last pay period in June 2023, employees shall
contribute an additional 2% of the normal CalPERS member contribution, for a
total of 8%. This will reduce EPMC from 2% to 0% and the District will adopt a
resolution to that effect.
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
2. Tier 2 - Employees hired on or after 7/1/11 and through 12/31/12, and Classic
PERS members, as defined by PERS, who are hired on or after January 1, 2013:
§ 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 contributions; employee
pays 1 % of the member contribution by resolution. The District has adopted a
resolution providing that all employee CalPERS contributions shall be
deducted on a pre-tax basis per IRC414(h)(2).
b. Employees hired on July 9, 2011, and through December 31, 2012, as well as
Classic PERS members who are hired on or after January 1, 2013, pay 1 % of
the normal CalPERS member contribution and 4% of the normal CalPERS
employer contribution per resolution 17-004.
c. Effective the first full pay period in February 2021, employees shall move 1%
of their existing 4% CalPERS employer contribution towards the CalPERS
Fire MEG MOU 2019-2023 ~
member contribution. The new employee contribution will be 2% normal
CalPERS member contribution plus 3% towards the Districts' CalPERS
employer contribution. This will reduce EPMC from 6% to 5% and the District
will adopt a resolution to that effect.
d. Effective the first full pay period in February 2022, employees shall move the
remaining 3% of their existing 3% CalPERS employer contribution towards the
CalPERS member contribution. The new employee contribution will be 5%
normal CalPERS member contribution plus 0% towards the Districts' CalPERS
employer contribution. This will reduce EPMC from 5% to 2% and the District
will adopt a resolution to that effect.
e. Effective the start of the last pay period in June 2023, employees shall
contribute an additional 2% of the normal CalPERS member contribution, for a
total of 7%. This will reduce EPMC from 2% to 0% and the District will adopt a
resolution to that effect.
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 and to reflect changes in EPMC prior to the effective dates.
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 pensions 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 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
23
Fire MEG MOU 2019-2023
amount will be adjusted periodically by CalPERS, and the District employee
contribution adjusted accordingly per state statute.
The District has adopted a resolution providing that all employee CaIPERS
contributions shall be deducted on a pre-tax basis per IRC 414(h)(2).
It is understood that all contributions paid by the employee as described in Parts 1
through 2 above shall be calculated based upon the pay rate (i.e. full base salary
of the employee), plus any additional special compensation, including any
Employer Paid Member Contributions (EPMC), and as described above in Part 3
above, on the pensionable compensation as defined in the California Public
Employee's Pension Reform Act of 2013 ("PEPRA").
The District pays EPMC for the various "Tiers" as outlined above and reports the
value of EPMC payments as special compensation. The parties agree that to the
extent permitted by law, this is special compensation and shall be reported as
such pursuant to Title 2 CCR, Section 571 (a)(1)(F) as Value of Employer -Paid
Member Contributions. The parties also agree that the District has no additional
obligation or costs should CalPERS, the State or IRS determine otherwise.
The District adopted a resolution providing that all employee CalPERS
contributions shall be deducted on a pre-tax basis to the extent permitted by law
or IRS regulation. All employee payments of the employer share are done pursuant
to Government Code Section 20516(f).
There shall be no sunset date to any provisions in Article II Section 7 Retirement
Plan.
4. PARS
The Supplemental Benefit through PARS Phase II Retirement System is provided
to all miscellaneous employees hired by December 31, 2012.
5. The following benefit is available to safety personnel at employee cost:
Sec. 20930.3 Military Service as Public Service
C. Employer Paid Member Contribution (EPMC)
1. This benefit shall apply to all safety and miscellaneous employees, until it is
phased out by June 2023 as further described below.
a. Benefits: Safety Members
4
Fire MEG MOU 2019-2023
This benefit shall consist of paying 9% of the normal member contributions as
EPMC, and reporting the same percent (value) of compensation earnable as
additional compensation for employees hired prior to July 9, 2011 and employees
in the Fire Chief Position, hired prior to July 1, 2011.
This benefit shall consist of paying 8% of the normal member contributions as
EPMC, and reporting the same percent (value) of compensation earnable as
additional compensation for 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, and employees in the Fire Chief Position, 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.
Payment of EPMC and reporting the value of EPMC as compensation earnable is
based on the employee's pay rate and special compensation excluding the
monetary value of EPMC on the EPMC paid as described in 2 CCR Section 571.
b. Benefits: Miscellaneous Members
This benefit shall consist of paying 8% of the normal member contributions as
EPMC, and reporting the same percent (value) of compensation earnable as
additional compensation for employees hired prior to July 9, 2011.
This benefit shall consist of paying 7% of the normal member contributions as
EPMC, and reporting the same percent (value) of compensation earnable as
additional compensation for 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.
Payment of EPMC and reporting the value of EPMC as compensation earnable is
based on the employee's pay rate and special compensation excluding the
monetary value of EPMC on the EPMC paid as described in 2 CCR Section 571.
2. Effective the Effective the first full pay period in February 2021, this benefit shall
consist of paying the following percent of normal member contributions as EPMC,
and reporting the same percent (value) of compensation earnable as additional
compensation:
• All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 7%
• All Classic Miscellaneous Employees, Tier 1 — 6%
• All Classic Miscellaneous Employees, Tier 2 - 5%
3. Effective the first full pay period in February 2022, this benefit shall consist of
paying the following percent of normal member contributions as EPMC, and
reporting the same percent (value) of compensation earnable as additional
compensation:
,3
Fire MEG MOU 2019-2023
• All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 5%
• All Classic Miscellaneous Employees, Tier 1 — 3%
• All Classic Miscellaneous Employees, Tier 2 - 2%
4. Effective the first full pay period in February 2023, this benefit shall consist of
paying the following percent of normal member contributions as EPMC, and
reporting the same percent (value) of compensation earnable as additional
compensation:
• All Classic Safety Employees, Tier 1 and Tier 2, including Fire Chief — 2%
• All Classic Miscellaneous Employees, Tier 1 — 2%
• All Classic Miscellaneous Employees, Tier 2 — 2%
5. Effective the last pay period in June 2023, this benefit shall end.
§ 8. Work Related Injuries
Safety Employees are entitled to full salary and benefits for up to one (1) year, when
they sustain an on-the-job work-related injury (see California Labor Code § 4850 for
provisions). 4850 covers only safety personnel. Temporary disability payments
received during any injury period shall be returned to District.
Any Miscellaneous (Non -Safety) employee within the bargaining unit covered herein
who is receiving disability payments under the "Workers Compensation Act of
California" for on-the-job injuries sustained while engaged in the performance of duties
of any such District position, shall receive from the District during the first three months
of such disability absence, payments in an amount equal to the difference between
the disability payments received under Workers Compensation Act and the
employee's full salary. Such payments by the District should be made without any
deduction from accrued sick leave benefits. The District's obligation for such payments
shall commence on the first (15') 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 during going to and from their residence
and work site shall not be in receipt of a reduced workday. Rather, those employees
participating in a "carpool" shall be accorded the following benefit:
Eligible carpool employees shall be regular, full-time employees who voluntarily
participate in and file a "rideshare application agreement".
Eligibility for ride -share related benefits is conditioned upon:
Fire MEG MOU 2019-2023
1. Each affected regular and full-time employee shall ride share with another
person(s) in a car or vanpool.
2. In the alternative, each affected regular and full-time employee shall drive to and
from work other than in an automobile. For example, such transportation may
include a bicycle, public transportation, walking.
3. Eligibility for rideshare benefits shall be conditioned upon 1) the regular and full-
time employee participating 60% of the total work days during a given month, 2)
ride sharing for at least 60% of the commute distance, and 3) ride sharing between
the hours of 6 and 10 a.m. of the employee's scheduled work shift.
Individuals meeting the above qualifications shall earn $2 for every day that the
employee rideshares, paid at the end of each quarter. Further, the City is desirous
of devising some type of "drawing" to provide a singular person on a monthly basis
with an item of value in recognition of ride sharing.
§ 10. IRS 125 Plan
A. District shall implement authorized pre-tax payroll deduction of out-of-pocket
medical contribution premiums. Said pre-tax payroll deduction shall not only be
used for the purpose of paying the difference between the amount of District
funded premiums for District -provided health insurance plans, and the amount of
out-of-pocket premium payments borne by the employee regarding District -
provided plans.
B. The District agrees to provide technical assistance (such as automatic payroll
deduction, etc.) in the event employees decide to expand this benefit from a
"premium only plan" to a "flexible spending account" provided that those
participating pay all costs incurred in expanding and maintaining this program.
ARTICLE III LEAVES
§ 1. Holidays
A. Holidays are those days which District designates as observed holidays. Holiday
leave is a right, earned as a condition of employment, to a leave of absence with
pay. The holidays designated by District are as follows:
40 Hour Personnel
July 4 Independence Day
September Labor Day (1st Monday)
November 11 Veterans Day
November Thanksgiving (4th Thursday)
November The day following Thanksgiving
December 24 The day preceding Christmas
27
Fire MEG MOU 2099-2023
December 25 Christmas
January 1 New Years Day
January Martin Luther King's Birthday (3rd Monday)
February President's Day (3rd Monday)
May Memorial Day (last Monday)
Three (3) discretionary (floating) days may be taken by an employee at his or her
convenience, subject to approval by the supervisor. The thirty (30) hours for the three
(3) floating holidays shall be credited to the employee at the start of pay period No. 1
of each fiscal year.
Whenever a holiday falls on a Sunday, the following Monday shall be observed as a
holiday. Whenever a holiday falls on a Friday or Saturday, the preceding Thursday
shall be observed as the holiday.
56 Hour Personnel
July 4
Independence Day
September
Labor Day (1 st Monday)
September
Admissions Day
October 12
Columbus Day
November 11
Veterans Day
November
Thanksgiving (4th Thursday)
November
The day following Thanksgiving
December 24
The day preceding Christmas
December 25
Christmas
January 1
New Year's Day
January
Martin Luther King's Birthday
February 12
Lincoln's Birthday
February 22
Washignton's Birthday
May
Memorial Day (last Monday)
B. Employees shall accrue holiday time as follows:
Type of
Personnel
Shift Personnel
40 hour Personnel
Per
Holiday Annually
12 hours 168 hours
10 hours 140 hours
29
Fire MEG MOU 2019-2023
Maximum
Accrual
216 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. District employees will be advised, in writing, within the pay period prior to the time
that maximum holiday accrual is reached or that they are approaching their
maximum accrual.
E. Holiday time shall be accrued annually beginning with the first pay period of the
fiscal year within the pay period which it occurs.
F. District will buy back all or part of accrued holiday time at the then current hourly
rate to be paid out in the pay period prior to Thanksgiving, if a request is made in
writing and received by payroll three weeks prior to the payout pay period
specifying holiday balance and exercising the option to sell back.
G. Holidays may be used as scheduled time off with the approval of the Supervisor.
H. Any employee who is on vacation or sick leave when a holiday occurs will not have
that holiday charged against his or her vacation or sick leave.
Forty (40) hour personnel who obtain prior approval from their immediate
supervisor to work a holiday will be allowed to bank that holiday at straight time. If
a 40 -hour employee who is eligible to receive overtime compensation is recalled
to work on a holiday, that holiday will be banked at time and a half (1.5) for the
number of hours actually worked that day.
§ 2. Holiday Facility Closure
Certain City Facilities may close each year in conjunction with the Christmas and New
Year's holidays. Closure dates for City facilities shall be determined by the City in order
to balance the impact on public services. During a holiday closure, affected
represented employees may take paid leave from holiday, management leave, and
compensatory time or vacation accruals or they may be reassigned to a facility that
will remain open during the closure.
§ 3. Vacation Leave
A. Vacation leave is a right to a leave of absence with pay. It is earned as a condition
of employment.
All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule:
40 -hour Personnel
-19
Fire MEG MOU 2019-2023
Years of
Completed Service
Annual
Accrual
Maximum
Accrual
Pay Period
Accrual Rates
30 days -3 years
85.72 hours
192.0
3.297
4-7 years
128.57 hours
272.0
4.945
8-10 years
171.43 hours
353.0
6.593
11-14 years
188.58 hours
353.0
7.253
15-19 years
205.72 hours
353.0
7.912
20-24 years
222.86 hours
353.0
8.572
25+ years
240.00 hours
353.0
9.231
Shift Personnel
Years of
Annual
Maximum
Pay Period
Completed Service
Accrual
Accrual
Accrual Rates
30 days -3 years
120 hours/5 shifts
288.0
4.615
4-7 years
180 hours/7.5 shifts
408.0
6.923
8-10 years
240 hours/10 shifts
528.0
9.231
11-14 years
264 hours/11 shifts
528.0
10.154
15-19 years
288 hours/12 shifts
528.0
11.077
20-24 years
312 hours/ 13 shifts
528.0
12.002
25+ years
336 hours/14 shifts
528.0
12.923
B. An employee who, as of July 1 of any given year, has completed 10, 20 or 25 years
of service shall receive a onetime credit of 24 hours of vacation, if a shift employee;
or receive 10 hours, if a 40 -hour employee.
C. The District will notify employees, in writing, within the pay period prior to the time
that maximum vacation accrual will be reached that the accrual is approaching that
maximum. The employee will then be required to (1) schedule time off or, (2)
receive pay in lieu of time off so as to not exceed the maximum accrual.
D. Any full-time employee who is out about to terminate employment and has earned
vacation time to his or her credit, shall be paid for such vacation time on the
effective date of such termination. When separation is caused by death of an
employee, payment shall be made to the estate of such employee.
E. For vacation accrual purposes only, safety personnel hired prior to July 1, 1996
are allowed to include prior years of all fire service employment.
F. Each fiscal year, at the employee's written request, the District will "buy back" the
total cash value of up to 100 hours of previous earned vacation leave. This buy
back shall occur twice annually in a fiscal year, in November and April. Employees
must maintain a minimum of 40 hours of accrued vacation subsequent to any
payment of vacation buy back time.
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Fire MEG MOU 2019-2023
§ 4. Sick Leave
Sick leave shall be used in case of a bona fide illness of the employee upon approval.
Sick leave may also be used for sickness, disability, serious illness or emergency of
his or her child, parent, or spouse or registered domestic partner, grandparent,
grandchild, and sibling, or any other member of the employee's immediate family as
defined by District Personnel Rules, which is incapacitated and/or requires the service
of a physician, and when the presence of the employee is required. At the conclusion
of the need for time off to care for a family member, said employee shall return to work
as soon as possible. The employee must give the immediate supervisor or Fire Chief
reasonable advance written or oral notice. If the need for sick leave is not foreseeable,
the employee shall provide written or oral notice of the need for sick leave as soon as
practicable. If the employee is required to be absent on sick leave for more than one
day, the employee must keep the immediate supervisor informed each day as to the
date the employee expects to return to work and the purpose of the leave. Failure to
request sick leave as required by this provision without good reason, may result in the
employee being treated as absent without leave. The maximum number of hours that
may be used for sickness, disability, serious illness or emergency of his child or her
child, parent, or spouse or registered domestic partner, grandparent, grandchild and
sibling is equal to the employee's annual accrual.
A. Full-time Employees
1. All employees shall be accruing sick leave as follows:
Personnel Monthly Annual Accrual Max. Accrual
40 -hour Personnel 10 hours 120 hours No limit
Shift Personnel 12 hours 144 hours No limit
(1/2 shift) (6 shifts)
B. Sick Leave Use
1. Personal Sick Leave
Employees can use sick leave for personal illness, injury, a health-related
reason (such as the diagnosis, care or treatment of a health condition), or
preventive care.
2. Family Sick Leave
Employees can use sick leave for the illness or injury of a health-related reason
(such as the diagnosis, care or treatment of a health condition), or preventive
care of qualified family member.
For the purpose of Family Sick Leave, a qualified member means the
employee's: child (includes any age or dependency status, or for whom the
employee is a legal ward or stands in loco parentis), parent (includes person
who stood in loco parentis of the employee as a child), parent -in-law, spouse,
registered domestic partner, grandparent, grandparent -in-law, great-
grandparent, great -grandparent -in- law, grandchild, great-grandchild, or
sibling.
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Fire MEG MOU 2019-2023
3. Other Statutory Use
Sick leave can be used to cover an absence for an employee who is victim of
domestic violence, sexual assault, or stalking to:
a. Obtain or attempt to obtain a temporary restraining order or other court
assistance to help ensure the health, safety, or welfare of the employee or
their child(ren).
b. Obtain medical attention or psychological counseling; services from a
shelter; program or crisis center; or participate in safety planning or other
actions to increase safety.
C. No employees shall be entitled to sick leave with pay while absent from duty for
the following reasons:
a. Disability arising from sickness or injury purposely self-inflicted or caused
by his or her own willful misconduct.
b. Sickness or disability sustained while on leave of absence.
D. Except as specified in "G" below, sick leave shall not be used in lieu of or in addition
to vacation.
E. Employees must provide a physician's certification upon for any sick leave
absence that occurs after the employee has used 40 hours or 4 shifts for 40 -hour
personnel, whichever is greater, or 96 hours for 56 -hour personnel, that involves
the illness of the employee or family member. This requirement does not pertain
to Personal Leave (see §6).
F. 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.
G. 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
abrogate all sick leave and no payment will be made by the District for sick leave
accrued to the time of such termination regardless of whether or not such
employee subsequently reenters District service.
H. 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.
I. Employees with ten (10) or more years of service shall be eligible to convert
unused sick leave to vacation in accordance with the following:
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Fire MEG MOU 2019-2023
1. Shift Employees who, in the preceding calendar year, accrued 108 to 144 (90
to 120 for 40 hour week employees) unused hours of sick leave earned in that
preceding calendar year, may exercise the option of having one-half (1/2) of
that unused sick leave accrued in the preceding year converted to vacation
leave and the remainder carried over as accrued sick leave.
2. Employees who have accrued 72 to 108 (60 to 90 for 40 -hour week employees)
unused hours of sick leave earned in the preceding calendar year may exercise
the option of having one-fourth (1/4) of the unused sick leave accrued in the
preceding calendar year converted to vacation leave and the remainder carried
over as accrued sick leave.
3. Any employee who qualifies to convert sick leave to vacation leave must submit
a written request to the District on or before January 15th of the year in which
the conversion is to be made.
J. Upon the retirement of an employee, the employee may elect from one or more
of the following options:
• Sell back up to fifty per cent (50%) of his/her accumulated unused sick
leave at the employee's regular hourly rate of pay at retirement.
• Designate accumulated unused sick leave for 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. Conversion Factor
The factor used to convert the accruals for forty (40) hour per week personnel to fifty-
six (56) hour per week personnel will be:
Vacation, holiday, and sick leave:
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Fire MEG MOU 2019-2023
Work Week Basis
Vacation
40 Hour
56 Hour
Conversion
Factor
30 days -3 years
85.72
120
1.5
4-7 years
128.57
180
1.5
8-10 years
171.43
240
1.5
11-19 years
188.58
264
1.57
20-24 years
196.58
288
1.57
25+ years
204.58
312
1.57
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Fire MEG MOU 2019-2023
Holiday 140 168 1.5
Sick 120 144 1.5
(40 to 56) EXAMPLE (8-10 year employee)
Employee Benefits
Vacation = 100 hours
Holiday = 72 hours
Sick = 300 hours
472 total hours X 1.5 (factor) = 708 hours total
Note: if an employee goes from a 56 to 40 hours basis, the conversion will be the
reciprocal of 1.5 or .667
§ 6. Personal Leave
A. The employee shall be granted one (1) day paid personal leave, in addition to the
normal leave accrual, to attend the funeral of a relative not in the employee's
immediate family.
B. An employee required to appear before a court for other than subpoenas due to
actions as a District employee or jury duty will receive the necessary time as paid
personal leave, providing:
1. He or she notifies his or her supervisor with adequate advanced notice so that
a relief may be obtained.
2. The employee must return to work within a reasonable time after the
appearance.
C. Personal Leave will be charged against any leave account in which the employee
has accrued an appropriate balance, such as sick leave, vacation, or
compensatory time. It is the employee's option which account is to be charged.
D. Employees can use up to twenty (20) hours of accrued sick leave as personal
leave. These twenty (20) hours can be used incrementally (i.e., 1 hour, '/2 hour)
throughout the fiscal year. Use this time for emergency situations requiring the
employee's attention and requires prior approval by their supervisor.
§ 7. Bereavement Leave
A. 40 -hour Personnel
In the event of a death in the employee's immediate family, the employee shall be
granted five (5) days paid bereavement leave.
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Fire MEG MOU 2019-2023
Shift Personnel
In the event of a death in the employee's immediate family, the employee shall be
granted three (3) shifts paid bereavement leave.
B. Immediate Family is Defined as:
Spouse, children, stepchildren, stepfather, stepmother, parents, brother, sister,
grandfather, grandmother, grandchild, and the employee's mother -in law, father-
in-law, grandparents -in-law.
§ 8. Compensatory Time
A. In lieu of overtime pay, those employees assigned to a fire suppression 24-hour
shift, at the employee's option, may be compensated with compensatory time off
(CTO). CTO will accrue at the rate of one and one-half hours for each overtime
hour worked. An employee may accumulate a maximum of 144 hours of CTO.
Once employee accumulates 144 hours of CTO, any additional overtime hours will
be paid to the employee his or her regular overtime rate of pay in the period earned.
B. In addition, all hours remaining in a represented employee's CTO accrual "bank"
will be paid to the employee at the employee's regular rate of pay at the end of the
fiscal year in July and at the "Holiday Vacation/Compensation Time" buy back
period in November and the balance in the CTO accounts will be reduced to zero
hours. However, upon the request of the employee, the employee may carry over
some CTO balance as long as it is used by the last pay period in July.
C. 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.
D. Compensatory time may also be earned for special and/or unusual work situation
not provided for in the preceding paragraphs.
§ 9. Administrative Leave
Administrative Leave: The following classifications shall earn Administrative Leave
each fiscal year as follows:
Fire Marshal 50 hours
Deputy Fire Chief 75 hours
Fire Chief 100 hours
Unused administrative leave, to a maximum of forty (40) hours in June of each fiscal
year may be sold back to District at the employee's then current hourly rate.
Administrative leave shall not be carried beyond the year in which it was earned.
Fire MEG MOU 2019-2023
§ 10. Military Leave
A. Every employee who is a member of a state or federal reserve military unit shall
be entitled to be absent from service with District while engaged in the performance
of ordered military duty and while going to or returning from such duty in
accordance with the laws of the State of California or federal government.
B. Employees are entitled to thirty (30) days paid military leave in any one fiscal year,
provided they have been employed by the District for one (1) year 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 active service with the armed forces of
the United States shall be entitled to reinstatement to their former positions. Upon
application for reinstatement, the individual must display a certificate showing
service was other than dishonorable. However, any individual must display
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 rules in effect at the start of military leave.
F. An employee promoted to fill a vacancy created by a person serving in the armed
forces shall hold such position subject to the return of the veteran. The employee
affected by the return shall be restored to his or her former position or one of a
similar nature while the returning employee resumes the position he or she
previously held.
§ 11. Jury Duty
Any member of District who is called or required to serve as a trial juror may be absent
from duty with District during the period of such service or while necessarily being
present in court as a result of such call. Such member on jury duty will continue to
receive normal pay, provided he or she:
A. Notifies his or her supervisor, in advance, with adequate time remaining so that a
relief may be obtained.
B. 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.
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Fire MEG MOU 2019-2023
C. Pay received for service while absent from District must be turned over to District;
however, pay received while off duty may be kept by the employee.
D. All personnel called for jury duty must abide by all of the above rules and must
return to work if dismissed before the end of their regular work shift.
§ 12. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of the District have been served a civil subpoena to appear in court
as a witness due to actions as a District employee, the following procedure shall be
followed:
a. Personnel will be paid at their regular hourly rate while they are in court.
b. 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.
c. If the employee is required to appear in a court that is outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee
to buy a meal and/or lodging, he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and meals
would be required, authorization shall be obtained from the department head.
B. Criminal Subpoena
1. Pursuant to California Penal Code 1326 et. seq., if an employee is served with a
criminal subpoena, the employee will be paid at the regular hourly rate while in
court.
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.
§ 13. Leaves of Absence without Pay
A. Upon the written request of the employee, a leave of absence may be granted for
a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed
one (1) year by the Board of Directors.
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Fire MEG MOU 2019-2023
B. Failure of the employee to return to his or her employment upon the termination of
an authorized leave of absence shall constitute a separation from service by that
employee.
C. Leave of absence without pay granted by the Board shall not be construed as a
break in service or employment. During these periods, vacation, holiday, or sick
leave credits shall not accrue. An employee reinstated after a leave of absence
without pay shall receive the same step in the salary range received when he or
she began the leave of absence. Time spent on such leave without pay shall not
count toward service for increases within the salary range or for the purposes of
seniority. For the 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.
§ 14. Natal and Adoption Pay
A. Natal and Adoption Leave with Pay
Employees are granted up to 2 days natal and adoption leave with pay for the birth or
adoption of a child, however, use of two paid days does not extend any time charged
under FMLA or CFRA. Any paid time required beyond this initial 2 days must be
charged to sick leave, vacation, compensatory or floating holiday time.
B. Natal and Adoption Leave without Pay
The District shall provide employees up to four months natal and adoption leave for
the birth or adoption of a child; such leave shall be pursuant to the provisions of the
California Pregnancy Disability Act ("PDA"; California Government Code section
12945), if applicable. The District's PDA policy is incorporated herein by reference.
Employees on this leave of absence without pay beyond the four-month period will be
responsible for the payment of medical, dental and optical premiums to keep the
coverage in force during the leave of absence.
ARTICLE IV GRIEVANCE PROCEDURE
§ 1. Purpose
This article is intended to provide a fair and orderly procedure for the resolution of
employee. A grievance is a claimed violation, misinterpretation, misapplication, or
noncompliance with existing District codes, resolutions, written rules,
policies, procedures, orders and regulations, or this document. This grievance
procedure shall not apply to disciplinary matters or to reviews of performance
evaluation reports or to discharge of probationary employees. Disciplinary matters
include all warnings, written reprimands, suspensions, reductions in pay which are not
the result of transfer or reassignment, demotions, dismissal or any other action which
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Fire MEG MOU 2019-2023
consists of a taking of property as said term is defined by the courts in the disciplinary
context ( Reassignments and/or transfer that result in a loss of compensation shall not
be deemed to be disciplinary actions.)
§ 2. Objectives
The grievance procedure is established to accomplish the following objectives:
A. To settle disagreements at the employee -supervisor level, informally if possible.
B. To provide an orderly procedure to handle grievances.
C. To resolve grievances as quickly as possible.
D. To correct, if possible, the cause of grievances to prevent future similar complaints.
E. To 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 supervisor
and the administrative staff.
H. To assure fair and equitable treatment for 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
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Fire MEG MOU 2019-2023
organization shall be apprised of the nature and resolution of the grievance if the
issues involved are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period specified
in these procedures, time limitations can be extended by mutual agreement of the
representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking of any
action exclude weekends and holidays.
G. Unless otherwise specifically provided for herein, the term "days" shall mean
business days of the District's Administrative offices.
H. An arbitrator shall not have authority to determine if a matter is within the definition
of a "grievance" and/or is timely filed or otherwise administratively prosecuted on
a timely basis.
§ 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 teh Informal Grievance Procedure does not mandate
submission of the grievance in writing, the immediate supervisor shall document the
subsatnce of the grievable problem or complaint within seven (7) days of the date that
he employee knew or should reasonably have known of the existence of the problem
or complaint, shall constitute a waiver by the employee of the ability to utilize the
grievance procedure.
§ 5. Formal Grievance Procedure
A. Step I
The employee and/or representative shall present the grievance, in writing and signed,
to his or her immediate supervisor within fifteen (15) days of the date that cause for
grievance arises. 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 11
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.
Fire MEG MOU 2019-2023
2. Written appeal to the Fire Chief or designated representative shall consist of the
statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the employee's
supervisor did not satisfactorily resolve the grievance and an indication of the
action desired by the grievant. 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 forth in § 1, above.
3. After submission of the written appeal, the CEO or designee shall reply in
writing within fifteen (150 days, to the grievant regarding grievance. The
reasons for the decision will be included in the response.
4. Section 1 PURPOSE defined 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 on 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 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
Fire MEG MOU 2019-2023
within seven (7) days of service by the CEO or designee of a grievance decision,
the employee may further appeal to binding arbitration. Said appeal shall be timely
only if it is received in the office of the CEO or designee not later than seven (7)
days after service of the grievable decision by the CEO or designee.
2. The employee's appeal shall state with 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 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 both 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.
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Fire MEG MOU 2019-2023
11. Although the Rules of Evidence shall not be strictly adhered to, hearsay that would
be inadmissible in a civil or criminal proceeding cannot in and of itself support a
finding by the arbitrator without corroboration. In general, the arbitrator shall admit
evidence which is of such reliability that reasonable persons rely upon it in the
conduct of serious matters such as the hearing.
12. The burdens of proof and production of evidence shall be borne by the employee
and shall be by a preponderance of the evidence.
13. Not later than ten (10) days 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 statues shall apply to the validity and processing of
subpoenas and to the method of service of the same.
15. No 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 DISCIPLINE
District and Union have met and conferred and adopted a disciplinary procedure which
amends District Personnel Rule XXIV. This procedure conforms with California Government
Code Sections 3250-3262, commonly referred to as the "Firefighter's Bill of Rights" (FBOR).
The Fire Chief is considered "At will" and not subject to the general discipline procedures.
However, the Fire Chief is entitled to protection under the FBOR and will be afforded all FBOR
rights. Under the FBOR, a Fire Chief cannot be removed without affording him or her written
notice, the reason(s) for removal, and an opportunity for administrative appeal; and provides
that the following is a non -exhaustive list of satisfactory reasons a Fire Chief may be removed:
1) implementation of goals or policies of the employing agency, 2) incompatibility of
management styles, or 3) a change of administration.
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Fire MEG MOU 2019-2023
ARTICLE VI SAFETY
§ 1. Compliance
District and employees 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.
§ 2. No Discrimination
No employee shall be in any way discriminated against as a result of reporting any
condition believed to be a violation of § 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
Employees have agreed to accept and abide by the District "Smoking Policy," as
written and approved by the 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 the District;
Fire MEG MOU 2099-2023
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 and regulations or any other
policy or procedure promulgated by the City or any Department of the City which
prohibits the imposition of layoffs, is deemed null and void);
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
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;
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
The Fire District shall provide thirty (30) minutes at a mutually agreeable time during the
employee onboarding process for a Fire Management Employee Group (Group)
representative to meet with a new Group covered employee and present the benefits of being
a member of the Group. 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 Fire District will provide a calendar
before the start of a new year. A Group representative will have up to 30 minutes of
uninterrupted time to meet with new Group covered employees. Prior to the meeting, or in no
case later than the meeting time, the Fire District will provide the name and job assignment
of the new employee to the Group representative. The Fire District will provide the designated
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Fire MEG MOU 2019-2023
Group representatives with all available information about the employee as required under
AB 119 within 30 days of the employees start date and the Fire District will provide the
required information on all Group covered employees again as required under AB 119 at least
three (3) times per year.
ARTICLE IX MAINTENANCE OF BENEFITS
All benefits enjoyed by the employees at the present time, which are not included in nor
specifically changed by this MOU, shall remain in full force and effect; provided, however,
that upon the mutual agreement of the parties, the meet and confer process may be initiated
to address proposed changes. This Article is not to be interpreted as affecting any other rights
or obligations the respective parties have under § 3500, et seq., of the California Government
Code.
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
A. It is understood and agreed that this MOU and employees are subject to all current and
future applicable Federal and State laws and regulations and the current provisions of
District law. If any part or provisions of this MOU is in conflict or inconsistent with such
applicable provisions of those Federal, State, or District enactments or is otherwise held
to be invalid or unenforceable by any court of competent jurisdiction, such part or provision
shall be suspended and superseded by such applicable law or regulations, and the
remainder of this MOU shall not be affected thereby. If any substantive part or provision
of this MOU is suspended or superseded, the parties agree to re -open negotiations
regarding the suspended or superseded part or provisions with the understanding that the
total compensation to employees under this MOU shall not be reduced or increased as
result of this Article.
B. District and Fire MEG recognize that under this MOU and in personnel matters not
covered in this contract, the current District Personnel Rules as amended and effective
shall apply. The Personnel Rules applicable to the Association shall not be changed for
the duration of this MOU.
ARTICLE XII TERM
The term of this MOU shall run from August 1, 2019 through and including 11:59 p.m. on July
31, 2023.
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Fire MEG MOU 2019-2023
ARTICLE XIII NEGOTIATIONOF SUCCESSOR MOU
In the event either party wishes to negotiate a successor MOU, the parties agree that
negotiations shall commence on or about September 1, 2022.
Fire MEG
Date
Michael McCliman
Fire Deputy Chief
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Fire MEG MOU 2019-2023
Fire District
Date
John R. Gillison
City Manager
1(
Robert Neiuber
Human Resources Director