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HomeMy WebLinkAboutCC Resolution 10449 (MOU Fire Chief Officer Association)RESOLUTION NO. 10449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION (3 year agreement from July 1, 1999 through ,June 30, 2002) WHEREAS, the City of Saul Rafael and the San Rafael Fire Chief Officers' Association have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Menlorandunl of Understanding dated June 22, 1999, and consisting of 26 pages and Exhibits has been executed by duly authorized representatives for both parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Fire Chief Officers' Association, shall utilize the Menlorandunl Of Understanding dated July 1, 1999, as the Official document of reference respecting compensation and working conditions for Fire Department personnel represented by the Fire Chief Officers' Association; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A. to said Menlorandunl of -Understanding, together with Exhibit B and the Menlorandunl of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, ,JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the f'Oregoing I-eSOIUUOn was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday. the 6"' day of July, 1999 by the following vote. to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller IEA M. LEONCII I CITY CLERK 0 R�, � rG, � m A 11, 104"14 Memorandum of Understanding between San Rafael Fire Chief Officers'Association and City of San Rafael July 1, 1999 through June 30, 2002 Table of Contents CHAPTER 1.0. GENERAL PROVISIONS 1.1. Introduction 1.1.1. Scope of Agreement. 1.1.2. Term. 1.2. Recognition 1.2.1 Bargaining Unit. 1.2.2. City Recognition. 1.2.3. Available Copies. 1.3. Discrimination 1.3.1. In General. 1.3.2. Association Discrimination. 1.4. Association Rights 1.4.1. Employee Representatives 1.4.2. Dues Deduction 1.4.3. Release Time 1.5. Management Rights CHAPTER 2.0. COMPENSATION 2.1. Total Compensation 2.1.1. Compensation Plan. 2.1.2. Fiscal Year 99/00 Increase. 2.1.3. Fiscal Year 00/01 Increase. 2.1.4. Fiscal Year 01/ 02 Increase. 2.1.5. Salary Step Increase. 2.1.6. Pay Period. 2.1.7. Classification Study 2.2. Educational Incentive Program 2.3. Uniform Allowance, CHAPTER 3.0. PROBATIONARY PERIOD 3.1. Purpose of Probation 3.2. Length of Probationary Period 3.3. Rejection During Probation 3.4. Extension of Probationary Period 3.5. Notification of Extension or Rejection 3.6. Regular Status 3.7. Promotion of Probationary Employee 3.8. Unsuccessful Passage of Promotional Probation CHAPTER 4.0. SELECTION 4.1. Selection Process. 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 4 4 4 6 6 7 8 8 8 8 8 8 8 9 9 9 9 9 9 9 9 Table of Contents 4.2. Referral Process. 10 4.3. Chief Officer Qualifications. 10 CHAPTER 5.0. HEALTH AND WELFARE IO 5.1. Health, and Disability Insurance 10 5.2. Life Insurance 10 5.3. Dental Plan 11 5.4. Joint Benefits Committee 11 5.5. Retirement Contribution 11 5.6. Vacation 12 5.6.1. Policy Statement 12 5.6.2. Administration of Vacation Leave _ _ 12 5.6.3. Vacation Cap Policv 12 5.6.4. Rate of Accrual 13 5.7. Sick Leave 13 5.7.1. Policy Statement 13 5.7.2. Administration of Sick Leave 14 5.7.3. Sick Leave Accrual 14 5.8. Administrative Leave 14 5.9. Holidays 15 5.9.1. Days Observed 15 5.9.2. Holiday Pay 15 5.10. Other Leaves 15 5.10.1. Military Leave 15 5.10.2. Workers Compensation Leave 16 5.10.3. Jury Duty 16 5.10.4. Family Medical Leave 16 5.10.5. Bereavement Leave 16 5.10.6. Leave of Absence Without Pay 16 5.10.7. Absent Without Authorized Leave 17 CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT 17 6.1. Staffing Levels 17 6.2. Work Week 17 6.3. Demotion 17 6.4. Suspension 18 6.5. Career Development Program 18 6.6. No Smoking 18 6.7. Furlough Plan 18 6.8. Termination of Employment 18 6.8.1. Resignation 18 Table of Contents 6.8.2. Termination/Demotion - Lack of Work or Funds 18 6.8.3. Termination - Disciplinary Reasons 18 6.8.4. Termination - Probation 18 6.8.5. Retirement 19 CHAPTER 7.0. DISCIPLINARYACTION 19 7.1. Authority 19 7.2. Definition 19 7.3. Causes of Disciplinary Action 19 7.4. Appeals 20 7.5. City Manager and Arbitration 20 CHAPTER 8.0. GRIEVANCE PROCEDURE 20 8.1. Definition 20 8.2. Initial Discussions 21 8.3. Referral to City Manager 21 8.4. City Manager and Arbitration 21 CHAPTER 9.0. REDUCTION IN FORCE 22 9.1. Authority 22 9.2. Notice 22 9.3. Order of Layoff 22 9.4. Seniority 22 9.5. Bumping Rights 22 9.6. Transfer Rights 23 9.7. Re -Employment 23 9.7.1. General Guidelines 23 9.7.2. Right to Re-employment 23 9.7.3. Time Limits 23 9.7.4. Availabilitv 23 9.7.5. Probationary Status 23 9.7.6. Restoration of Benefits 24 CHAPTER 10.0. MISCELLANEOUS 24 10.1. Medical Standards 24 10.2. Drug and Alcohol Policy 24 10.3. Outside Employment 24 10.4. Return of City Equipment _ 24 10.5. Political Activity 24 CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 24 Table of Contents 11.1. Inspection of Memorandum of Understanding 11.2. Existing Laws, Regulations and Policies 11.3. Strikes and Lockouts 11.4 Prevailing Rights 11.5. Full Understanding, Modification, Waiver 11.5.1. Joint Representation 11.5.2. Modification/Waiver 11.5.3. Effective Dates 11.6. Severability iV 24 25 25 25 25 25 25 25 26 San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 Memorandum of Understanding between City of San Rafael and San Rafael Fire Chief Officers' Association This Memorandum of Understanding is entered into pursuant to the Meyers- Milias-Brown Act (Section 3500, et seq. the Government Code of the State of California). The San Rafael Fire Chief Officers' Association, and representatives of the City of San Rafael have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in said representative unit, and have freely exchanged information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and the employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 1999 and ending June 30, 2002. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Fire Chief Officers' Association, the employees it represents, and the City of San Rafael. CHAPTER 1.0. GENERAL PROVISIONS 1.1. Introduction 1.1.1. Scope of Agreement. The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after called "CITY") and the San Rafael Fire Chief Officers' Association (herein -after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth herein (See Exhibit "A"). In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations, City's Employer -Employee Resolution, City's Administrative Procedures, and Fire Department Rules and Regulations, General Orders and Procedures. 1.1.2. Term. This agreement shall be in effect from July 1, 1999 through June 30, 2002. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 1.2. Recognition 1.2.1 Bargaining Unit. City hereby recognizes Association as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Fire Chief Officers' Association Bargaining Unit (as referenced in Exhibit "A" attached). 1.2.2. City Recognition. The Municipal Employee Relations Officer of the City of San Rafael or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the "City" in employer-employee relations, as provided in Resolution No. 4027 adopted by the City Council on April 5, 1971. 1.2.3. Available Copies. Both the City and the Association agree to keep duplicate originals of this agreement on file in a readily accessible location available for inspection by any City employee, or member of the public, upon request. 1.3. Discrimination 1.3.1. In General. The parties to this contract agree that they shall not, in any manner, discriminate against any person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual preference, marital status, medical condition or disability. 1.3.2. Association Discrimination. No member, official, or representative of the Association shall, in any way suffer any type of discrimination in connection with continued employment, promotion, or otherwise by virtue of membership in or representation of Association. 1.4. Association Rights 1.4.1. Employee Representatives The Association shall by written notice to the City Manager designate certain of its members as Employee Representatives. 1.4.2. Dues Deduction City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 withheld shall be remitted by City along with a list of employees who have had said dues deducted. The provisions specified above shall not apply during periods of separation from the representative Bargaining Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Bargaining Unit. The term of separation includes transfer out of the Bargaining Unit, layoff, and leave without pay absences with a duration of more than five (5) working days. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 1.4.3. Release Time The City shall allow a reasonable number of Association members time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. Reasonable time off without loss of compensation or other benefits shall also be granted to members of the Association to participate in and prepare for grievances. 1.5. Management Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management , as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence of facts which are the basis of the management decision. 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 8. To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10.To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify organizational productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this Memorandum of Understanding. 13. To determine job classifications and to reclassify employees. 14.To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Rules and Regulations. 15. To determine policies, procedure and standards for selection, training and promotion of employees. 16.To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18.To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19.To take any and all necessary action to carry out the mission of the City in emergencies. The City and Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. CHAPTER 2.0. COMPENSATION 2.1. Total Compensation 2.1.1. Compensation Plan. The Compensation Plan adopted by the City Council shall provide for salary schedules, rates, ranges, ascending salary steps for all members of the Association and any other special circumstances or items related to the total compensation paid employees. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 Each position within the classified service shall be allocated to an appropriate classification in the compensation plan on the basis of duties and responsibilities. Each classification shall be assigned a salary range with corresponding ascending salary rates assigned to each step. All persons entering the classified service shall be compensated in accordance with the salary plan then in effect. Initial employment shall be at the first step of the salary step schedule. The City Manager or his/her designee may authorize, upon the recommendation of the Fire Chief, placement at an appropriate higher salary when, in his/her opinion, it is necessary to obtain qualified personnel or when it appears that the education or experience of a proposed employee is substantially superior to the minimum requirements of the class and justifies beginning salary in excess of the first step. It is the goal of the City Council to provide for all employees in the bargaining unit represented by the San Rafael Fire Chief Officers' Association total compensation in an amount equal to the following: 1. One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications, having similar job duties and work schedules, in the following ten (10) agencies: Fairfield, Vallejo, Hayward, Alameda County, South San Francisco, City of Alameda, City of Napa, Novato Fire District, Santa Rosa, Sausalito; and, 2. The highest total compensation paid to the same or similar classifications, having similar job duties and work schedules in agencies in Marin County. Note: For the goal outlined above, the similar classification that will be surveyed is Fire Captain and the goal will be determined to be reached when the total compensation for San Rafael's Battalion Chief is 19% higher than the San Rafael's Fire Captain (top step to top step) and when the total compensation for San Rafael's Fire Division Chief is 10% higher than San Rafael's Battalion Chief (top step to top step). To measure whether the goal has been reached, a survey of total compensation for top step Fire Captain will be conducted annually during the month of July, including all increases in place or to be effective no later than September 1 of that same year, of each year of this contract (1999, 2000 and 2001) for the purpose of applying the excess General Tax Revenues, if any described above. If such General Tax Revenues are to be applied to a salary increase, there will be a prospective wage increase for all classifications, beginning the first pay period after the calculations noted below are completed. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 In no event will salary or compensation increases provided for bargaining unit employee cause the positions' top step to exceed the stated goal. General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding to include the following taxes: Sales tax, Property tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. 2.1.2. Fiscal Year 99/00 Increase. Effective July 1, 1999, bargaining unit employees shall receive an increase of 3.0% in base salary. Additionally to achieve the stated goal for the first time with this group, bargaining unit employees at the rank of Battalion Chief shall receive an equity increase of 3.11 % and bargaining unit employees at the rank of Fire Division Chief shall receive an equity increase of 6.63%. See Exhibit "A". If after the above described increase, the total compensation for either job class is not at the stated goal (see above how this is measured) then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 1998-99 exceed General Tax Revenues of the City for fiscal year 1997-98 as adjusted by 75% of the total compensation increase provided for fiscal year 1998-99, then the members of the bargaining unit shall be entitled to apply 2.1% of one-half (1/2) of the excess of fiscal year 1998-99 General Tax Revenues over fiscal year 1997-98 General Tax Revenues adjusted for 75% of the total compensation increases provided to the members in 1998-99, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the survey of total compensation (see how goal is measured above). Only that percentage needed to reach the goal will be applied to all represented classifications. 2.1.3. Fiscal Year 00/01 Increase. Effective July 1, 2000, bargaining unit employees shall receive an increase of 2.12% in base salary (this is equivalent to a 2.0% increase in total compensation). See Exhibit "A". An additional one percent in total compensation (equivalent to $5,257) will be applied to the job classifications that remain below the stated goal. If, after the above described increase, the total compensation of the represented job classes has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 a. If General Tax Revenues of the City for fiscal year 1999-2000 exceed General Tax Revenues of the City for fiscal year 1998-99 as adjusted by 75% of the total compensation increase provided for fiscal year 1999-2000, then the members of the bargaining unit shall be entitled to apply 2.1 % of one-half (1/2) of the excess of fiscal year 1999-2000 General Tax Revenues over fiscal year 1998-99 General Tax Revenues adjusted for 75% of the total compensation increases provided to the members in 1999-2000, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the survey of total compensation (see how goal is measured above). Only that percentage needed to reach the goal will be applied to all represented classifications. 2.1.4. Fiscal Year 01/02 Increase. Effective July 1, 2001, bargaining unit employees shall receive an increase of 2.12% in base salary (this is equivalent to a 2.0% increase in total compensation). See Exhibit "A". An additional one percent in total compensation (equivalent to $5,415) will be applied to the job classifications that remain below the stated goal. If, after the above described increase, the total compensation of the represented job classes has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2000-2001 exceed General Tax Revenues of the City for fiscal year 1999-2000 as adjusted by 75% of the total compensation increase provided for fiscal year 2000-2001, then the members of the bargaining unit shall be entitled to apply 2.1 % of one-half (1/2) of the excess of fiscal year 2000-2001 General Tax Revenues over fiscal year 1999-2000 General Tax Revenues adjusted for 75% of the total compensation increases provided to the members in 2000-2001, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the survey of total compensation (see how goal is measured above). Only that percentage needed to reach the goal will be applied to all represented classifications. 2.1.5. Salary Step Increase. An employee shall be considered for a step increase annually until the top step has been reached. Advancement to a higher salary within a salary step schedule may be granted for continued satisfactory service by the employee in the performance of his/her duties. Salary step advancement shall be made only upon the recommendation of the Fire Chief, with the approval of the City Manager or his/her designee, and are not automatic, but based on documented, acceptable work performance. Accelerated salary step increases may be granted an employee based upon the recommendation of the Fire Chief and approval of the City Manager for exceptional job performance. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 2.1.6. Pay Period. City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, the pay day will be transferred to the following day of regular business unless the Finance Office is able to complete the payroll by the previous work day. The method of distributing the payroll shall be established by the Director of Administrative Services. 2.1.7. Classification Study Both the City and the Association agree to participate jointly, in conducting a thorough compensation survey that includes a review and analysis of current, ongoing job responsibilities of all represented job classifications. This comparison survey will be conducted with Marin County agencies and the ten cities listed in the M.O.U. for survey purposes. This study will commence no later than six months prior to the expiration of this agreement and will be completed prior to the expiration of this contract. This study shall be advisory, agreement to study does not imply or guarantee that agreement will be reached on comparable positions and/or that the study will result in additional Council authority during the term of this contract. 2.2. Educational Incentive Program The Educational Incentive for Fire Division Chief and Battalion Chief, represented by this Association is included in the base salary. 2.3. Uniform Allowance. Uniform members of the Fire Department, represented by this Association, shall receive a uniform allowance in the amount of $212.50 at the completion of each six months of service ending June 30 and December 31. A pro -ration at the rate of $35.42 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. CHAPTER 3.0. PROBATIONARY PERIOD 3.1. Purpose of Probation Each employee shall serve a period of probation beginning on the date of initial appointment to their position. The purpose of probation shall be to determine the employee's ability to perform satisfactorily the duties prescribed for the position, prior to the employee entering regular status. 3.2. Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 3.3. Rejection During Probation During the probationary period an employee may be rejected at any time by the Fire Chief without the right of appeal. 3.4. Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 3.5. Notification of Extension or Rejection On determining that a probationary employee's work is not satisfactory, the Fire Chief shall notify the Personnel Director in writing of his/her intention to extend the employee's probationary period or reject the employee. After discussion with the Personnel Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection. 3.6. Regular Status For the purpose of this agreement, regular status shall mean; full time, non - probationary status. Regular status shall commence with the day following the expiration date of a probationary period. 3.7. Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher position classification provided he/she is certified from the appropriate Eligible List. The employee promoted in this manner shall serve a new probationary period for the position to which the employee is promoted and the new probationary period and promotional appointment shall be effective the same date. 3.8. Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion and all previous rights and privileges restored. Provided, however, that if the cause for not passing the promotional probationary period is sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstated to the lower position. CHAPTER 4.0. SELECTION 4.1. Selection Process. The City's Personnel Department shall be responsible for the administration of all recruitments. San Rafael Fire Chief Officers'Association July 1, 1999 through June 30, 2002 4.2. Referral Process. All qualified candidates, based upon competitive examination, shall be placed on the Eligibility List for the appropriate job classification. The Fire Chief shall have the authority of "the Rule of the List" and all candidates on a current Eligibility List shall be eligible for referral to the Fire Chief for final selection. 4.3. Chief Officer Qualifications. In addition to other qualifications described in the Fire Department's Career Development Guide, candidates for Chief Officer positions, represented by this Association, in the Fire Department include three (3) years of line captain experience or two (2) years of line captain experience if appointed to an acting assignment. CHAPTER 5.0. HEALTH AND WELFARE 5.1. Health, and Disability Insurance A. The City shall contribute up to $385 per month towards the premium costs of each eligible employee's group Health and Disability plans. Employees in this bargaining unit who retire from the Marin County Retirement System within 120 days of leaving their City of San Rafael position (no deferred retirement) are eligible to continue in the City's group health insurance program and receive a City contribution toward their group health insurance premium of up to $385 per month. B. Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 5.2. Life Insurance The City will pay the full premium cost for the employees', represented by this bargaining unit, enrollment in the group term insurance plans, the basic plan provides $5,000 worth of group term life insurance and the supplemental plan provides a group term life insurance policy equal to one times the employees' base annual salary. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 5.3. Dental Plan A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year; and orthodontic care (50/50 cost sharing and limited to eligible dependent children). B. The dental plan shall provide for an 80/20 cost sharing for casts, crowns and restorations. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. D. The maximum benefit for one dental expense period (calendar year) is $1,500 for each enrolled member, except for Orthodontic treatment which has an aggregate maximum benefit of $1,000 and is limited to eligible dependent children. The covered dental expense shall be the Reasonable and Customary Charge for this types of dental services shown in A and B above. 5.4. Joint Benefits Committee Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of benefit programs, cost containment, and cost savings options. The committee shall include representatives from all bargaining groups. 5.5. Retirement Contribution The City will contribute to the Marin County Retirement System up to a maximum of five percent (5%) of the employee's retirement contribution rate (percentage) or fifty percent (50%) of the employee's retirement contribution rate (percentage), whichever is less. Additionally, the City has adopted Section 31581.2 of the Government Code for the balance of the employees' portion of the retirement contribution in order to implement Section 414H of the I.R.S. Code to allow for tax deferment of the employee's retirement contribution. Employees represented by this bargaining group who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to 5.7.2. of this M.O.U.). San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 5.6. Vacation 5.6.1. Policy Statement Each employee represented by this Association shall be eligible to accrue vacation leave benefits. Employees shall be eligible to use accrued vacation leave after six (6) months of employment, subject to the approval of the Fire Chief. 5.6.2. Administration of Vacation Leave The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits to any eligible employee, except that if the employee leaves City employment before accruing the used vacation leave said employee will reimburse the City for the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employee's accrual unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Fire Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. Employees who leave their City position shall be paid in a lump sum for all accrued, unused vacation leave earned prior to the effective date of leaving their City position. 5.6.3. Vacation Cap Policy This policy becomes effective January 1, 1998. With the effective date of this policy, employees represented by the San Rafael Fire Chief Officers' Association: Would continue to accrue vacation leave at the rate prescribed for the number of years they have worked for the City (as identified in the MOU). • During each calendar year the policy is in effect, employees would be limited (cap) in the number of vacation hours they can carry over from one year to the next (the cap limit would first apply to carrying over hours into the following calendar year). • The carry over limit (cap) shall be 225.0 hours for all members of this bargaining group. Employees who are already above the maximum accrued balance (cap), based on their accrual rate as of their accrued balance reflected on their pay San Rafael Fire Chief Officers'Association July 1, 1999 through June 30, 2002 check stub received on the 12/31/97 pay date, would not lose those accrued hours. Employees who are above the maximum accrued balance (cap), as of the effective date of the policy (January 1, 1998) would continue to accrue vacation; but they would have to use those vacation hours accrued during the 1998 calendar year during that same calendar year (these employees would be prohibited from carrying over any additional hours as long as they were at or above the carry over cap). Employees may, for special situations, i.e., extended medical leave, request an increase in their carry over cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case by case basis and would be evaluated based on the reason for the request. This additional carry over amount could not exceed one-half of the employee's regular annual vacation accrual. In no case would the additional carry over hours be extended beyond one additional year. 5.6.4. Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: YEARS OF SERVICE 1-5 Years 6 Years 7 Years 8 Years 9 Years 10 Years 11 Years 12 Years 13 Years 14 Years 15 + Years 5.7. Sick Leave 5.7.1. Policy Statement LEAVE ACCRUAL RATE/YEARLY 15 days 16 days 17 days 18 days 19 days 20 days 21 days 22 days 23 days 24 days 25 days Each employee represented by this Association shall be eligible to accrue sick leave benefits. Employees may use accrued sick leave, if necessary, during their probationary period. Sick leave shall not be considered as a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity and actual sickness or disability. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 5.7.2. Administration of Sick Leave An employee eligible for sick leave with pay will be granted such leave with the approval of the Fire Chief for the following purposes: Personal illness or illness within the immediate family or physical incapacity resulting from causes beyond the employee's control; or Enforced quarantine of the employee in accordance with community health regulations. Except that an employee may not use sick leave for a work related injury and/or illness once said employee has been determined permanent and stationary. The employee is required to notify the Fire Chief according to department rules and regulations at the beginning of his/her work day if said employee will be absence under the provisions of sick leave. Every employee who is absent from his/her duties for two (2) consecutive days, under the provisions of sick leave, shall file with the Personnel Director, a physician's certificate or the employee's personal affidavit stating the cause of the illness or disability, if so requested. The inability or refusal by said employee to furnish the requested information, as herein required, shall constitute good and sufficient cause for disciplinary action, up to and including dismissal. 5.7.3. Sick Leave Accrual 1. Employees who leave City service in good standing shall receive compensation (cash in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for each year of service up to a maximum of fifty percent (50%) of their sick leave balance. In the event of the death of an employee payment for unused sick leave based upon the previously stated formula shall be paid to the employee's designated beneficiary. 2. Accrual of sick leave for usage purposes is unlimited. The maximum of 1200 hours accrual continues to apply for cash -in purposes. 3. Fire Mid -Management employees may use sick leave prior to completion of probation. In recognition of exempt status from FLSA, time off for sick leave purposes shall not be deducted from the employee's accrual unless the time is 7.5 or more consecutive work hours. 5.8. Administrative Leave Employees represented by this Association shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the department head and the City Manger. An additional three (3) days may be granted at the discretion and with the approval of the department head and the City Manager. Unused Administrative Leave does not carry over from one calendar year to the next, nor are unused balances paid off upon an employee's resignation. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 In recognition of exempt status from FLSA time off for Administrative leave purposes shall not be deducted from employee accrual, unless the employee is absent for the full work day. 5.9. Holidays 5.9.1. Days Observed Employees covered under this Memorandum of Understanding shall be entitled to the following holidays: New Year's Day Martin Luther King Day Washington's Birthday* Lincoln's Birthday* Memorial Day Independence Day Labor Day Admission Day** Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas *Note: For employees working 37 1/2 hour work week, Washington's and Lincoln's birthdays are combined as President's Day and with that said employees receive one floating holiday and a second floating holiday is provided in lieu of Admission's Day off. These hours for these floating holidays are automatically added to an employee's vacation accrual on a semi-annual basis. 5.9.2. Holiday Pay Employees represented by this Association who have suppression supervision responsibilities (Fire Division Chiefs) shall receive holiday pay (straight time pay) for every holiday worked or for every holiday which falls on a regularly scheduled day off in each given year which all other employees receive as time off. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. 5.10. Other Leaves 5.10.1. Military Leave Military leave as defined in State law shall be granted to any regular employee. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.10.2. Workers Compensation Leave Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non safety employees shall be governed by applicable state law and City Rules and Regulations. Refer to 5.7.2. for qualifications regarding use of accrued sick leave. 5.10.3. Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duty until released by the court. The employee shall notify his/her employer in advance when summoned for jury duty. If the employee is a shift employee and is selected to serve on a jury, said employee shall not be required to perform duty during non court hours until released by the court. 5.10.4. Family Medical Leave Such leave shall be in accordance with applicable State and Federal law. 5.10.5. Bereavement Leave In the event of the death of an employee's spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the hone of the employee to such an extent that the relative was considered a member of the immediate family and/or another individual who has a legal familial relationship to the employee and resided in the employee's household, up to three (3) days within the state and up to five (5) days out of state bereavement leave may be granted to attend the funeral. In those cases where the death involves an individual who had such a relationship with the employees, as defined above, the employee shall sign a simple affidavit describing the relationship and submit this to the Fire Chief as part of the request for bereavement leave. 5.10.6. Leave of Absence Without Pay Leave of absences without pay (for non medical reasons which are covered by 5.10.4.) may be granted in cases of emergency or where such absence would not be contrary to the best interests of the City. Such leave so granted is not a right but an authorized privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the Appointing Authority. All other applicable leaves must be exhausted and no vacation, sick leave, or any other paid benefit shall be accrued or used during such leave. The Fire Chief, as Appointing Authority, may grant up to 30 days of leave without pay depending upon the merit of the case. Any leave without pay in excess of 30 days San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 may only be granted upon the recommendation of the Fire Chief and approval of the City Manager and may not exceed a total of six months. 5.10.7. Absent Without Authorized Leave An unauthorized absence of an employee for three consecutive work days shall constitute an automatic resignation from City service. CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT 6.1. Staffing Levels Any changes in the current staffing levels of positions represented by this Association will be subject to meet and confer. 6.2. Work Week The established work week for the Fire Division Chiefs shall include on duty assignment for the assigned platoon and a seven and one-half hour Administrative work day between the platoon shift day if it is a non -holiday week day (Monday through Friday). At the time of a change in circumstances or promotion, the Fire Chief has the discretion, with reasonable notice, to change the work scheduled for the Fire Division Chiefs from this scheduled to a 56 hour work week. The established work week for the Battalion Chief - Training and Battalion Chief - Prevention shall be 37.5 work hours per week, Monday through Friday (8:30 a.m. to 5:00 p.m.). 6.3. Demotion The Fire Chief may demote an employee when the following occurs: A. The employee fails to perform his/her required duties. B. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an employee at least ten (10) calendar days before the effective date of the demotion, and a copy filed with the Personnel Department. Demotion pursuant to Section 6.3.A. shall be deemed disciplinary action and as such shall be handled according to the provisions of the Chapter titled "Disciplinary Action" of this Memorandum of Understanding. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 6.4. Suspension On the recommendation of the Fire Chief, the City Manager may suspend an employee from a position at any time for a disciplinary purpose. Intended suspension action shall be reported immediately to the Personnel Director, and shall be taken in accordance with the Chapter titled Disciplinary Action of this Memorandum of Understanding and provisions for exempt status employees. 6.5. Career Development Program The San Rafael Fire Chief Officers' Association agrees to the Career Development Guidelines as written. 6.6. No Smoking An applicant for a non -promotional safety position in the Fire Department shall be disqualified from employment if he/she has smoked tobacco within one (1) year preceding the date of filing an application for such employment and through the probationary period of one year. 6.7. Furlough Plan The employees of this Association endorse the Furlough Program described in Exhibit "B" attached to this Memorandum of Understanding. 6.8. Termination of Employment 6.8.1. Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Fire Chief and the Personnel Department. 6.8.2. Termination/Demotion - Lack of Work or Funds The Fire Chief may terminate an employee because of reorganization, abolition of position, and shortage of funds. Said termination shall be considered a Reduction In Force and shall be processed in accordance with Chapter 10 Reduction in Force of this Memorandum of Understanding. 6.8.3. Termination - Disciplinary Reasons An employee may be terminated for disciplinary reasons, as provided in Chapter Eight (8) Disciplinary Action of this Memorandum of Understanding. 6.8.4. Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Chapter Three (3) probationary period of this Memorandum of Understanding. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 6.8.5. Retirement Retirement from the City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. CHAPTER 7.0. DISCIPLINARY ACTION 7.1. Authority The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 7.2. Definition Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or suspension resulting in loss of pay. Any disciplinary action taken shall be consistent with the provisions of the Fair Labor Standards Act as it relates to exempt employees. 7.3. Causes of Disciplinary Action The City may discipline or discharge an employee for the following: A. Fraud in securing appointment. B. Negligence of duty. C. Violation of safety rules. D. Unacceptable attendance record including tardiness, overstaying lunch or break periods. E. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours. F. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. G. Unauthorized soliciting on City property or time. H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. I. Unacceptable behavior toward (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. J. Falsifying employment application materials, time reports, records, or payroll documents or other City records. K. Disobedience to proper authority. L. Misuse of City property. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 M. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. N. Disorderly conduct, participation in fights, horseplay or brawls. O. Dishonesty or theft. P. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. Q. Failure to perform to an acceptable level of work quality and quantity. R. Insubordination. S. Other acts inimicable to the public service. T. Inability or refusal to provide medical statement on cause of illness or disability. 7.4. Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure established in this Memorandum of Understanding. Such appeal must be filed with the City Manager by the employee in writing within ten (10) working days from the date of the discipline/discharge and unless so filed the right of appeal is lost. 7.5. City Manager and Arbitration The appellant may submit the appeal directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the appellant shall meet within ten (10) working days to select a mutually acceptable arbitrator. The selection process will include a review of the arbitrator's availability for the hearing. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the appellant and the City. A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator unless the mutually accepted Arbitrator's schedule does not so permit. In addition to arbitrators proposed by the State Mediation and Conciliation Service the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The arbitrator shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before him/her shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. CHAPTER 8.0. GRIEVANCE PROCEDURE 8.1. Definition A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding 1.3 and 11.2 of this M.O.U.), or any Fire Department policy specifically referenced herein. Policy 1-VI- San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 3 is specifically incorporated by reference. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable. 8.2. Initial Discussions Any employee who believes that he or she has a grievance may discuss his or her complaint with the Fire Chief. If the issue is not resolved within ten (10) working days, or if the employee elects to submit his or her grievance directly to an official of the association, the procedures hereafter specified shall be invoked. 8.3. Referral to City Manager Any employee or any official of the Association may notify the City Manager and Fire Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance, and, if possible, what remedy or resolution is desired. No grievance may be processed under subsection 8.4 below which has not been first heard and investigated in pursuance of subsection 8.2. A grievance which remains unresolved ten (10) working days after it has been submitted to the City Manager in writing may be referred to the next step. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 8.4. City Manager and Arbitration If the grievance is not resolved in the previous step (8.3) of this Memorandum of Understanding, the grievant, the Association, or the City, after completion of the previous step in the grievance procedure, may, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Grievant shall meet within ten (10) working days to select a mutually acceptable arbitrator. The selection process will include a review of the arbitrator's availability for the hearing. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Grievant and the City. Each party, however, shall bear the cost of its own presentations, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator unless the mutually accepted Arbitrator's schedule does not so permit, and the arbitrator shall render a decision which is binding on the parties hereto, to the extend permitted by the Charter of the City. No Arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment. San Rafael Fire Chief Officers'Association July 1, 1999 through June 30, 2002 CHAPTER 9.0. REDUCTION IN FORCE 9.1. Authority The Fire Chief may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organization efficiency. 9.2. Notice Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association shall also be so notified. 9.3. Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description, and salary. Extra -hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part- time permanent employee with more seniority can displace a full-time permanent employee. 9.4. Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: A. Seniority within the affected classifications will be determinative. Such seniority shall include time served in higher class ification(s). The computation of seniority for part-time employees will be credited on a pro -rata basis to full-time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. B. If the seniority of two or more employees in the affected classification or higher class ification(s) is equal, departmental seniority shall be determinative. C. If all of the above factors are equal, the date of regular status in City service is achieved shall be determinative. D. If all of the above are equal, date of certification for appointment shall be determinative. 9.5. Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 held regular status. An employee who is bumped, shall be laid off in the same manner as a employee whose position is abolished. 9.6. Transfer Rights The Personnel Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 10.2, but no longer than the effective date of such layoff or reduction. 9.7. Re -Employment 9.7.1. General Guidelines Individuals who have been laid off or demoted shall be offered re -appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 9.7.2. Right to Re-employment Each person who has been laid off or demoted 4n lieu of a layoff from a position the person held, shall, in writing, be offered re -appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 9.7.3. Time Limits Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 9.7.4. Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 9.7.5. Probationary Status Employees re -appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re -appointment. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 9.7.6. Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. CHAPTER 10.0. MISCELLANEOUS 10.1. Medical Standards The City will establish pre-employment medical standards for all classifications represented by the San Rafael Fire Chief Officers' Association. 10.2. Drug and Alcohol Policy The City and the Association both endorse the concept of a drug and alcohol free work place as stated in the City's Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991. Further, because of the nature of work performed by the members of the Association, both parties agree to meet and confer over a departmental Drug and Alcohol Policy which will better meet the needs of the Fire Department and the members of this Association. 10.3. Outside Employment No regular employee shall engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimicable to his/her duties with the City. It is the intent of this provision to exercise the authority granted by Section 1126 of the Government Code, subject to the limitations provided therein. 10.4. Return of City Equipment Upon termination of employment, all tools, equipment, and other city property assigned to any employee shall be returned to the Fire Department. 10.5. Political Activity The political activity of employees shall comply with pertinent provisions of State and Federal law. CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 11.1. Inspection of Memorandum of Understanding Both the City and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 11.2. Existing Laws, Regulations and Policies This Memorandum is subject to all applicable laws. 11.3. Strikes and Lockouts During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage, or approve any strike or slow down growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement. 11.4 Prevailing Rights All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinances or resolutions, which are not specifically superseded by the M.O.U., shall remain in full force and effective throughout the term of this Agreement. 11.5. Full Understanding, Modification, Waiver 11.5.1. Joint Representation The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 11.5.2. Modification/Waiver Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 2002. 11.5.3. Effective Dates This Agreement will be in effect from July 1, 1999 through June 30, 2002. It shall be automatically renewed from year to year thereafter unless either party shall have notified the other, in writing, at least sixty (60) days prior to the annual anniversary of the above date that it desires to modify the Memorandum. In the event that such notice is given, negotiations shall begin no later than thirty (30) days prior to the anniversary date. San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 11.6. Severability If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. MEMORANDUM OF UNDERSTANDING CITY OF SAN RAFAEL SAN RAFAEL FIRE CHIEF OFFICER'S ASSOCIATION List of Exhibits Exhibit A Salary Schedule 07/01/99 Exhibit B Salary Schedule 07/01/00 Exhibit C Salary Schedule 07/01/01 Exhibit D Furlough Plan San Rafael Fire Chief Officers' Association July 1, 1999 through June 30, 2002 SAN RAFAEL FIRE CHIEF OFFIC rASSOCIATIONB ury, F' a Division Chief Date CITY OF SAN RAFAEL Daryl G. Chandler, Assistant Director - Management Services IQ Kenneth Nordhoff, Assistant i Manager m X 2 W J cv os m to cn cc V V V O V V V O V V V O � J J n J J f n -L -.► J n O O O O O O O O O A W N Cl A W N 01 A W N 01 U) Ul V! N N O m m m N O 07 "n -n TI m mp n n n 3 =r 3 d -n C1 i1 n d 21 n Ul � O v �' v � n � n g � � n �' <_ --j fD n <_ n 3 <_ _i of S 5N Ul 3 (p N rr U! =r �. 7. 0' lD n m �' p m O 2. ~' O• D n 7 7 0 .D 3 R1 < O O C1 < ? p Ol < O. O 3 3 FD O 7 m, 3 7 �. O to O to O C to O O N N to� C? p O to VP p P 00 00 O 07 Cl 00 fJl Ul V D 14 -" D N N p D N N CWJI 7L (OC V V N Ca Ca IV 00 0o j U1 Ul Ul N N O N N 00 V V v � a) v � a) V O O A 0o 00 IV V V O O N A A W A AV coo J V V j :ll V -+ 0D bo IV Ul Ul CD (D (D -► 0) O N Vv V VV V �CDV M V V V CJI UlLn (O71 COtI coo 4 4 A O O 00 CJl Ln Cl j W 00 00 V OD 0o (D V V coo V V 0000 V V V W GJ j �D V v V Ul Ul OvN Ul Ui Cfl CD N :P �0. .P :-L • :-L LL to CD CD A A Ul N N 00 m X 2 W J San Rafael Fire Chief Officers' Association Exhibit "B" Furlough Program Both the City of San Rafael and Fire Chief Officer's Association employees recognize the current economic condition of the State of California and the City of San Rafael. Through this recognition and in a cooperative spirit, the City of San Rafael and the City's Fire Chief Officers' Association have worked expeditiously on the development of a Furlough Program. This Agreement does not mean the City will necessarily implement furloughs; but in the event it is necessary to implement due to continued economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as MTO). Voluntary Time Off (VTO). The City will develop and distribute to all employees during the month of March (XXXX) a survey to determine who might be interested in VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal year. The needs of the City and the respective departments (as determined by the Department Head and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted and the resulting savings will have a corresponding impact on the time needed through MTO. 1. An employee's VTO time would count in determining how many hours of MTO an employee needed to take during the fiscal year. 2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave time off for every hour of VTO taken not to exceed the number of furlough induced Personal Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of 5%). This furlough induced Personal Leave time is to be taken as described in 4.b. 3. Employees who take VTO at a time other than when MTO is taken by other employees will have to take vacation leave, compensatory time off or leave without pay if the MTO results in the closure of the department Mandatory Time Off (MTO). MTO will be taken by the employee during the MTO period when feasible in their respective department (as determined by the Department Head and City Manager). The City will attempt to schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to scheduled holidays and/or weekends. 1. Employees may not take paid vacation time in lieu of designated MTO time. 2. MTO Time shall be considered time in pay status for the accrual of leave and eligibility for holidays. MTO time will not impact health, dental, and life insurance benefits. At this time MTO time will impact Marin County retirement contributions; but if the Marin County Retirement System changes its policy on this, the City will, effective the first of the month following notice from Marin County Retirement System, make the necessary change in the program's administration to correspond with the change in the policy. Any employee who notifies the City no later than XXXXXXXX of their retirement date and retires from the Marin County Retirement System during XXXX shall be exempted from the MTO requirements. If said employee did not retire during FY XXXXX as stated, such employee would be docked in pay ar amount equivalent to the number of MTO hours taken by other represented employees. 3. MTO time shall apply toward time in service for step increases, completion of probation, and related service credit. Other Terms and Conditions: 1. The MTO program shall be limited to a maximum of five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted, the involved employee shall be credited with one half hour added to a furlough induced Personal Leave balance. 2. Personal Leave accrued through the MTO Program may be taken beginning XXXXX, with supervisory approval. Furlough induced Personal Leave has no cash value upon termination of employment. If an employee is laid off before having the opportunity to take unused furlough induced Personal Leave, said employee would be eligible to take the unused furlough induced Personal Leave during the thirty day layoff notice period. 3. The employees represented by this Association may elect to give up pay for holidays worked in lieu of mandatory time off, as long as the dollar value of the holiday pay equates to the dollar value of the designated mandatory time off. 4. Should the City of San Rafael experience a financial windfall during the fiscal year that furloughs are implemented, the City agrees to re -open discussions on this Furlough Program. 5. The City agrees that it will attempt to distribute the dollar value of any MTO time implemented equally over the remaining number of pay periods in the fiscal year.