HomeMy WebLinkAboutCC Resolution 9895 (Fire Chief Assoc MOU)RESOLUTION NO. 9895
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.
(2 year agreement from July 1, 1997 through June 30, 1999).
WHEREAS, the City of San 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 Memorandum of Understanding dated July 24, 1997, and consisting of 32 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 Memorandum of Understanding
dated July 1, 1997, 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 and Exhibit B, to said Memorandum of Understanding, together with Exhibit C and the
Memorandum 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 foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on
Monday, the 4th day of August, 1997 by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE f��M. LEONCINI,'CITY CLERK
Memorandum of Understanding
betweev'
Sin Rafael Fire Chief Officers'Associallon
a ncd
City of San Rafael
JLAS i, :Lq 97throLcohjuvie 3o, :Lg99
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 97/99 Increase.
2.1.3. Fiscal Year 98/99 Increase.
2.1.4. Salary Step Increase.
2.1.5. Pay Period.
2.1.6. 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.
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Table of Contents
4.2. Referral Process.
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43. Chief Officer Qualifications.
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CHAPTER 5.0. HEALTH AND WELFARE
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5.1. Health, and Disability Insurance
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5.2. Life Insurance
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5.3. Dental Plan
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5.4. Joint Benefits Committee
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5.5. Retirement Contribution
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5.6. Vacation
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5.6.1. Policy Statement
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5.6.2. Administration of Vacation Leave
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5.6.3. Vacation Cap Policy
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5.6.4. Rate of Accrual
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5.7. Sick Leave
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5.7.1. Policy Statement
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5.7.2. Administration of Sick Leave
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5.7.3. Sick Leave Accrual
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5.8. Administrative Leave
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5.9. Holidays
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5.9.1. Days Observed
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5.9.2. Holiday Pav ..
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5.10. Other Leaves
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5.10.1. Military Leave
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5.10.2. Workers Compensation Leave
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5.10.3. Jury Duty
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5.10.4. Family Medical Leave
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5.10.5. Bereavement Leave
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5.10.6. Leave of Absence Without Pav
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5.10.7. Absent Without Authorized Leave
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CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT
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6.1. Staffing Levels
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6.2. Work Week
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6.3. Demotion
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6.4. Suspension
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6.5. Career Development Program
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6.6. No Smoking
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6.7. Furlough Plan
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6.8. Termination of Employment
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Table of Contents
6.8.1. Resignation
6.8.2. Termination/Demotion - Lack of Work or Funds
6.8.3. Termination - Disciplinary Reasons.,
6.8.4. Termination - Probation
6.8.5. Retirement
CHAPTER 7.0. DISCIPLINARY ACTION
7.1. Authority
7.2. Definition
7.3. Causes of Disciplinary Action
7.4. Appeals
7.5. City Manager and Arbitration
CHAPTER 8.0. GRIEVANCE PROCEDURE
8.1. Definition
8.2. Initial Discussions
83. Referral to City Manager
8.4. City Manager and Arbitration
CHAPTER 9.0. REDUCTION IN FORCE
9.1. Authority
9.2. Notice
9.3. Order of Layoff
9.4. Seniority
9.5. Bumping Rights
9.6. Transfer Rights
9.7. Re -Employment
9.7.1. General Guidelines
9.7.2. Right to Re-employment
9.7.3. Time Limits
9.7.4. Availability
9.7.5. Probationary Status
9.7.6. Restoration of Benefits
CHAPTER 10.0. MISCELLANEOUS
10.1. Medical Standards
10.2. Drug and Alcohol Policy
10.3. Outside Employment
10.4. Return of City Equipment
10.5. Political Activity
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Table of Contents
CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE
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11.1. Inspection of Memorandum of Understanding
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11.2. Existing Laws, Regulations and Policies
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113. Strikes and Lockouts
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11.4 Prevailing Rights
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11.5. Full Understanding, Modification, Waiver
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11.5.1. Joint Representation
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11.5.2. Modification/Waiver
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11.5.3. Effective Dates
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11.6. Severability
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iv
San Rafael Fire Chief Officers' Ass,...tation
July 1, 1997 through June 30, 1999
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, 1997 and ending
June 30, 1999. 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.
San Rafael Fire Chief Officers' As_ .,ation
July 1, 1997 through June 30, 1999
1.1.2. Term.
This agreement shall be in effect from July 1, 1997 through June 30, 1999.
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.
San Rafael Fire Chief Officers' As�_.;iation
July 1, 1997 through June 30, 1999
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-memb�t-M The sums so
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 6f 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.
San Rafael Fire Chief Officers' As.. ;lat/on
July 1, 1997 through June 30, 1999
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.
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.
San Rafael Fire Chief Officers' As.,.ciation
July 1, 1997 through June 30, 1999
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.
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:
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).
San Rafael Fire Chief Officers' Ab_ ..cation
July 1, 1997 through June 30, 1999
2.1.2. Fiscal Year 97/99 Increase.
Effective July 1, 1997, bargaining unit employees shall receive an increase of
4.35% in base salary (this is equivalent to a 4.0% increase irrtotal compensation).
See Exhibit "A".
Revenue Sharing, Fiscal Year 97/98.
If total revenues of the City exceed $28,995,000 as of June 30, 1997, then the
members of the bargaining unit shall be entitled to apply 2% of two-thirds (2/3) of
the excess of revenues over $28,995,000 for salary increases.
a. Such application of the excess revenues, as described, for a salary
increase shall be based on the survey and goal outlined above. Only
that percentage needed to reach the goal will be applied to all
classifications.
b. To measure whether the goal has been reached, the survey of total
compensation described will be conducted as of September 1, 1997, for
the purpose of applying the excess revenues, if any, described above.
If such revenues are to be applied to a salary increase, there will be a
prospective wage increase for all classifications, as described above,
and a lump sum check equal to the dollar amount of retroactive salary
back to July 1, with appropriate deductions.
c. In addition to the above, the City and the Association will meet and
confer on application of additional amounts for salary increases based
on department savings or revenue enhancements mutually agreed upon
by the City and the Association.
2.1.3. Fiscal Year 98/99 Increase.
Effective July 1, 1998, bargaining unit employees shall receive an increase of
4.32% in base salary (this is equivalent to a 4.0% increase in total compensation).
See Exhibit "B".
Revenue Sharing, Fiscal Year 98/99.
If total revenues of the City exceed $30,154,000 as of June 30, 1998, then the
members of the bargaining unit shall be entitled to apply 2% of two-thirds (2/3) of
the excess of revenues over $30,154,000 for a salary increase for job
classifications that remain below the stated goal.
a. Such application of the excess revenues, as described, for a salary
increase shall be based on the survey and goal outlined above. Only
that percentage needed to reach the goal will be applied to all
classifications.
San Rafael Fire Chief Officers' A. Ation
July 1, 1997 through June 30, 1999
b.. To measure whether the goal has been reached, the survey of total
compensation described will be conducted as of September 1, 1998, for
the purpose of applying the excess revenues, if any, described above.
If such revenues are to be applied to a salary increase, there will be a
prospective wage increase for all classifications, as described above,
and a lump sum check equal to the dollar amount of retroactive salary
back to July 1, with appropriate deductions.
c. In addition to the above, the City and the Association will meet and
confer on application of additional amounts for salary increases based
on department savings or revenue enhancements mutually agreed upon
by the City and the Association.
d. In no event will salary or compensation increases provided for
bargaining unit employees cause the represented positions to exceed
the stated goal.
2.1.4. 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.
2.1.5. 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.
2.1.6. 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
San Rafael Fire Chief Officers' A:. .iatlon
July 1, 1997 through June 30, 1999
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.
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
San Rafael Fire Chief Officers'A. Jation
July 1, 1997 through June 30, 1999
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.
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.
San Rafael Fire Chief Officers'A— - _aiation
July 1, 1997 through June 30, 1999
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.
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.
San Rafael Fire Chief Officers' A_ dation
July 1, 1997 through June 30, 1999
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.).
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.
San Rafael Fire Chief Officers'Ab. .cation
July 1, 1997 through June 30, 1999
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 1999 calendar year).
The carry over limit (cap) would be equivalent to the employees' annual
vacation accrual plus five days (37.5 hours). See chart below for cap
limits.
Years of Service
Cap
1 - 5 years
150 hours
6
157.5
hours
7
165.0
hours
8
172.5
hours
9
180.0
hours
10
187.5
hours
11
195.0
hours
12
202.5
hours
13
210.0
hours
14
217.5
hours
15+
225.0
hours
• Employees who are already above the maximum accrued balance (cap),
based on their accrual rate as of their accrued balance reflected on their pay
check stub received on the 12/31/97 pay date, would not lose those accrued
hours.
San Rafael Fire Chief Officers' A. Jadon
July 1, 1997 through June 30, 1999
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' A-- dation
July 1, 1997 through June 30, 1999
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.
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
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'Ab. .dation
July 1, 1997 through June 30, 1999
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) receive holiday pay (straight time pay) in
lieu of days off for the twelve holidays. 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',%- _aiation
July 1, 1997 through June 30, 1999
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.
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
San Rafael Fire Chief O ficers' A, .dation
July 1, 1997 through June 30, 1999
days 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' A. dation
July 1, 1997 through June 30, 1999
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.
San Rafael Fire Chief Officers' h_ ;iation
July 1, 1997 through June 30, 1999
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.
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.
San Rafael Fire Chief Officers' As. .,ation
July 1, 1997 through June 30, 1999
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.
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 or Personnel Director 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 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 as soon as practical. 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
San Rafael Fire Chief Officers' As., .cation
July 1, 1997 through June 30, 1999
M.O.U.), or any Fire Department policy specifically referenced herein. Policy 1 -
VI -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 Adjustment Board.
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 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 as soon as practical, 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' As. --Cation
July 1, 1997 through June 30, 1999
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 classification(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' Asb, dation
July 1, 1997 through June 30, 1999
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 in 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 ChiefOfficers'Ab- 31ation
July 1, 1997 through June 30, 1999
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' Assudation
July 1, 1997 through June 30, 1999
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, 1999.
11.5.3. Effective Dates
This Agreement will be in effect from July 1, 1997 through June 30, 1999. 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 OKcers' Ass,...iation
July 1, 1997 through June 30, 1999
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.
San Rafaei Fire Chief Officers' A, ition
July 1, 1997 through June 30, 1999
SAN.RAFAEL FIRE CHIEF
F E S' ASSOCIATION
Brian Waterb y, Fire Division
Chief '
Mike Tompkins, Fire Division
Chief
Date
F -CITY OF SAN RAFAEL
J
Daryl G. Chandler, Personnel
Director
Robert Marcucci, Fire Chief
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL FIRE CHIEF OFFICER'S ASSOCIATION
List of Exhibits
Exhibit A Salary Schedule 07/01/97
Exhibit B Salary Schedule 07/01/98
Exhibit C Furlough Plan
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San Rafael Fire Chief Officers' Association
July 1, 1997 - June 30, 1999
Exhibit "C"
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 determiried 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.
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 Cify 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 an
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.