HomeMy WebLinkAboutCC Resolution 9647 (Fire Dept MOU)RESOLUTION NO. 9647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO 9259 PERTAINING TO THE COMPENSATION
AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL.
(3 year agreement from July 1, 1996 through June 30, 1999).
WHEREAS, the City of San Rafael and the San Rafael Firefighters'
Association, I.A.F.F., Local 1775 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 11, 1996, and
consisting of 30 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 Firefighters' Association, I.A.F.F.,
Local 1775, shall utilize the Memorandum of Understanding dated July 11,
1996 as the official document of reference respecting compensation and
working conditions for Fire Department personnel;
Section 2: The schedules describing classes of positions and salary
ranges attached as Exhibit A, B, and C to said Memorandum of
Understanding, together with the Memorandum of Understanding itself are
hereby adopted and both shall be attached hereto and incorporated in full.
1, 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 Mondav, the 15th day of July, 1996
by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JEFNVr]E MLEONCI I, CIN CLERK
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 1775
Ju/y 1, 7996 - June 30, 1999
Table of Contents
CHAPTER 1.0. GENERAL PROVISIONS
1.1. Recognition
1.1.1. Association Recognition
1.1.2. City Recognition
1.2. Association Rights
1.2.1. Dues Deduction
1.2.2. Release Time
1.2.3. Association Access to Work Locations
1.2.4. Association Office Space
1.2.5. Conduct of Business
1.2.6. Association Meetings
1.2.7. Association Orientation of New Employees
1.3. Non -Discrimination
1.4. Management Rights
1.5. Advance Notice of Change
CHAPTER 2.0. COMPENSATION
2.1. Total Compensation
2.2. Educational Incentive Program
2.2.1 Thirty (30) College Units Fire Science
2.2.2. AA Degree Fire Science
2.2.3. EMT I
2.2.4. E.M.D.
2.2.5. E.M.D. Program Recruitment
2.2.6. Other Job Related Courses
2.3. Out of Class Compensation
2.3.1. Fire Engineers
2.3.2. Fire Fighters
2.3.3. Fire Captain
2.3.4. Truck Company Apparatus Operation
2.4. Specialty Compensation
2.4.1. Truck Apparatus Premium Pay
2.4.2. Paramedic Certification
2.4.3. Paramedic Liaison
2.4.4. EMT 1 Ambulance Drivers
2.4.5. Third Paramedic Unit
2.5. Other Compensation
2.5.1. Uniform Allowance
2.5.2. Call -Back
CHAPTER 3.0. PROBATIONARY PERIOD
3.1. Purpose of Probation
3.2. Periodic Probationary Evaluations
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33. Length of Probationary Period
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3.4. Rejection During Probation
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35. Extension of Probationary Period
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3.6. Notification of Extension of Rejection
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3.7. Regular Status
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3.8. Promotion of Probationary Employee
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3.9. Unsuccessful Passage of Promotional Probation
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CHAPTER 4.0. SELECTION
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4.1. Promotional Recruitments
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4.2. Fire Captain Qualifications
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4.2.1. Option 1
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4.2.2. Option 2
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4.2.3. Option 3
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4.3. Rule of Three
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4.4. Orientation
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4.4.1. Captain's Orientation
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4.4.2. Firefighters' Fire Prevention Orientation
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45. Transfers
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4.5.1. Type of Transfers
11
4.5.2. Minimum Qualifications and Probation
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CHAPTER 5.0. HEALTH AND WELFARE
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5.1. Health, Life, Accident and Disability
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5.2. Retiree's Health Insurance
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53. 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. Vacation Conversion
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5.6.3. Vacation Relief
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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. Accrual
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5.7.2. Sick Leave Usage
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5.7.3. Sick Leave Incentive
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5.7.4. Sick Leave Payoff
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5.8. Leave Conversion to Hour for Hour
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5.8.1. Accrued Balance Conversion
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5.8.2. Sick and Vacation Leave Usage
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5.8.3. Hourly Rate for Leave Payoff
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5.9. Holidays
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5.9.1. Days Observed
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5.9.2. Holiday Pay
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5.9.3. Holiday Routine
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5.10. Other Leaves
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5.10.1. Matemity Leave
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5.10.2. Military Leave
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5.10.3. Workers Compensation Leave
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5.10.4. Jury Duty
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5.10.5. Court Appearance
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CHAPTER 6.0. HOURS
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6.1. Hours of Work
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6.2. Work Schedule
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6.3. FLSA Overtime
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6.4. Overtime
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CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT
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7.1. Stang Levels
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7.2. Grooming Standards
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7.2.1. Hair
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7.2.2. Facial hair
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7.2.3. Jewelry
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7.3. Career Development Program
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7.3.1. Engineer Certification Policv
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7.3.2. Responsibility for Implementation
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7.3.3. Program Guidelines
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7.3.4. Order of Completion
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7.3.5. Fire Prevention Certification Police
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7.4. Station Transfers
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7.5. No Smoking
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7.6. Residency
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7.7. EMT -D Certification
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7.8. Demotion
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7.9. Termination of Employment
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7.9.1. Resignation
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7.9.2. Termination/Demotion - Lack of Work or Funds
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7.9.3. Termination - Disciplinary Reasons
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7.9.4. Termination - Probation
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7.9.5. Retirement
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7.10. Shift Trade Policy
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CHAPTER 8.0. DISCIPLINARYACTION
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8.1. Authority 20
8.2. Definition
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8.3. Causes of Disciplinary Action
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8.4. Appeals
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85. City Manager and Arbitration
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CHAPTER 9.0. GRIEVANCE PROCEDURE
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9.1. Definition
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9.2. Initial Discussions
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9.3. Referral to City Manager
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9.4. Adjustment Board
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95. City Manager and Arbitration
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CHAPTER 10.0. RED UCTION IN FORCE
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10.1. Authority
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10.2. Notice
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10.3. Order of Layoff
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10.4. Seniority
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10.5. Bumping Rights
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10.6. Transfer Rights
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10.7. Re -Employment
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10.7.1. General Guidelines
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10.7.2. Right to Re-employment
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10.7.3. Time Limits
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10.7.4. Availability
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10.7.5. Probationary Status
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10.7.6. Restoration of Benefits
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CHAPTER 11.0. MISCELLANEOUS
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11.1. Management and Miscellaneous Positions
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11.2. Use of Fire Apparatus for Shopping
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113. Physical Fitness Program
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11.4. Medical Standards
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115. Personnel Rules and Regulations
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11.6. Drug and Alcohol Policy
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11.7. Light Duty Policy
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11.8. Association Meetings with the Fire Chief
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11.9. Safety Committee
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11.9.1. Fire Department Committee
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11.9.2. City -Wide Committee
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11.10. Outside Employment
11.11. Joint Salary Survey
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CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 27
12.1. Inspection of Memorandum of Understanding
12.2. Eidsting Laws, Regulations and Policies
123. Strikes and Lockouts
12.4. Full Understanding, Modification, Waiver
12.4.1. Joint Representation
12.4.2. Modification/Waiver
12.4.3. Effective Dates
12.5. Severability
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Memorandum of Understanding
between
City of San Rafael
and
San Rafael Firefighters' Association, I.A.F.F., Local 1775
The San Rafael Firefighters' Association, I.A.F.F., Local 1775, 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 the representation unit specified in Section 1, have
exchanged freely 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 is entered into pursuant to the Meyers-Milias-Brown Act
(Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the San Rafael City Council as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the period
commencing July 1, 1996 and ending June 30, 1999. When ratified by the City Council, this
Memorandum of Understanding shall be binding upon the San Rafael Firefighters' Association,
I.A.F.F., Local 1775, the employees it represents, and the City of San Rafael.
As used throughout this Memorandum of Understanding, the pronoun designations "he" or "his" is
intended to be applicable to both the male and female gender.
CHAPTER 1.0. GENERAL PROVISIONS
1.1. Recognition
1.1.1. Association Recognition
The San Rafael Firefighters' Association, I.A.F.F., Local 1775, hereinafter referred to as the
"Association" is the recognized employee organization, as defined by Government Code Section
3501, (b), for all employees in classifications represented by the Association, said classifications
being set forth in Exhibit A.
1.1.2. 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. Association Rights
1.2.1. Dues Deduction
Payroll deduction for membership dues shall be granted by the City to the Association.
The following procedures shall be observed in the withholding of employee eamings:
A. Payroll deductions shall be for a specified amount in uniform as between employee
members of the Association and shall not include fines, fees and/or assessments. Dues
deductions shall be made only upon the employees' written authorization.
B. Authorization, cancellation or modifications of payroll deduction shall be made upon forms
provided or approved by the City Manager or his/her designee. The voluntary payroll
deduction authorization shall remain in effect until employment with the City is terminated
or until canceled or modified by the employee by written notice to the City Manager or
his/her designee. Employees may authorize dues deductions only for the organization
certified as the recognized employee organization of the classification to which such
employees are assigned.
C. Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Association as the person authorized to receive such funds, at the
address specified.
D. The employees earnings must be sufficient, after all other required deductions are made,
to cover the amount of the deductions herein authorized. When an employee is in a non -
pay status for an entire pay period, no withholdings will be made to cover that pay period
from future earnings, nor will the employee deposit the amount with the City which would
have been withheld if the employee had been in a pay status during that period.
In the case of an employee who is in a non -pay status during a part of the pay period and
the salary is not sufficient to cover the full withholding, no deductions shall be made. In
this connection, all other required deductions have priority over the employee organization
deduction.
E. 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.
1.2.2. 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.
1.2.3. Association Access to Work Locations
Reasonable access to employee work locations shall be granted to officers of the Association and
officially designated representatives of the Association for the purpose of processing grievances or
contacting members of the Association concerning business within the scope of representation
which are to be discussed with City representatives. Access may be restricted so as not to
interfere with the normal operations of Department or with established safety or security
requirements.
1.2.4. Association Office Space
The Association shall be allowed office space on City property at a mutually agreed upon location,
with telephone service maintained at the expense of the Association.
1.2.5. Conduct of Business
Consultations between the City and the Association, for discussion of grievances and for
negotiations between the City and Association representatives normally will be conducted during
regular working hours. Association representatives who are on duty will be allowed to participate
in such meetings.
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Association officers are authorized reasonable time during on duty hours to process employee
complaints or grievances, and to conduct negotiations with management at the local level.
1.2.6. Association Meetings
The Association shall be able to use Fire Department facilities for meetings provided space and
time are available. All meetings using Fire Department facilities must have prior approval of the
Fire Chief or his/her designee. Employees and companies normally covering the first in district
where any such meeting is being held, will be allowed to attend, provided they remain ready and
available to perform their duties. Association officers and employees who have business to
present at the meeting, but are assigned to other stations will be allowed to attend meetings.
Arrangements for this purpose will be the same as routine department cover ins, provided that the
Association and Duty Chief both determine the resulting coverage meets acceptable emergency
response safety standards.
1.2.7. Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this Memorandum of
Understanding and represented by the Association, the City will inform the employee, as soon as
possible, of the terms and provisions of this Memorandum of Understanding and will provide said
employee with a copy of the current Memorandum of Understanding. The City shall make
available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment
for new employee orientation by the Association.
1.3. Non -Discrimination
There shall be no discrimination based on race, creed, color, national origin or sex against any
employee or applicant for employment by the Association or by the City; and to the extent
prohibited by applicable State and Federal law, there shall be no discrimination because of age.
There shall be no discrimination against any disabled person solely because of such disability
unless that disability prevents the person from meeting the minimum standards established. The
City and the Association will not interfere with the rights of employees to join or refrain from joining
the Association nor will they discriminate against any employee for legitimate Association
activities.
1.4. 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.
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 cavy 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.
I.S. Advance Notice of Change
Except in cases of emergency, reasonable advance written notice shall be given the Association
of any ordinance, rule, resolution or regulation directly relating to matters within the scope of
representation proposed to be adopted by the City Council, and any Board or Commission, or any
Department and the Association shall be given the opportunity to meet and confer with the City
and Representatives prior to adoption. In cases of emergency, when the City Council determines
that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice
or meeting with the Association, the City shall provide such notice and opportunity to meet and
confer at the earliest practical time following the adoption of such ordinance, rule, resolution or
regulation. A copy of any such ordinance, rule, resolution or regulation shall be provided to the
association together with the notice required by this Section, whenever possible.
CHAPTER 2.0. COMPENSATION
2.1. Total Compensation
2.1.1. Goal: It is the goal of the City Council to provide, within three (3) years of the date of this
agreement, for all employees in the bargaining unit represented by the San Rafael Firefighters'
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 in the following ten (10) agencies: Fairfield, Vallejo, Hayward,
Alameda County, South San Francisco, City of Alameda, Napa, Novato Fire District,
Santa Rosa, and Sausalito. AND
2. The highest total compensation paid to the same or similar classifications in agencies
in Marin County.
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To measure progress towards the above -stated goal, the City and the Association will jointly
survey the position of top -step firefighter. In future years, the City reserves the right to survey
other classifications in addition to firefighter.
2.1.2. Effective July 1, 1996, bargaining unit employees shall receive an increase of 6.66% in
base salary (this is equivalent to a 6.0% increase in total compensation). See Exhibit "A".
2.1.3. Effective July 1, 1997, bargaining unit employees shall receive an increase of 4.40% in
base salary (this is equivalent to a 4.0% increase in total compensation). See Exhibit "B". In
addition, 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 27% of two-thirds (2/3) of the excess of revenues
over $28,995,000 for a salary increase.
a. Such application of the excess revenues, as described above, for a salary increase
shall be based on the surveying of total compensation for top step firefighter. All
bargaining unit classifications will receive the same percentage increase as received by
top step firefighter, but if the increase would cause top step firefighter total compensation
to exceed the stated goal, then only that percentage needed to reach the goal for top step
firefighter will be applied to all classifications.
b. To measure whether the goal has been reached, a survey of total compensation for top
step firefighter 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.
2.1.4. Effective July 1, 1998, bargaining unit employees shall receive an increase of 4.40% in
base salary (which is equivalent to a 4.0% increase in total compensation), unless such an
increase would cause top step firefighter to exceed the stated goal, in which case employees
would receive only such increase as would be needed for top step firefighter to reach the goal.
See Exhibit "C". If, after the above described increase, the total compensation of top step
firefighter has not reached the stated goal, then bargaining unit employees shall be entitled to the
following possible salary increases:
a. If total revenues for the City exceed $30,154,000 as of June 30, 1998, such employees
shall be entitled to apply 27% 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.
b. The Association and the City will meet and confer on the application of additional
amounts for salary increases based on departmental savings or revenue enhancements
mutually agreed upon by the City and the Association.
C. In no event will salary or compensation increases provided for bargaining unit
employees cause the position of top step firefighter to exceed the stated goal. All other
classifications shall receive the same increases as those received by top step firefighter.
2.Z. Educational Incentive Program
To increase the educational level of the employees in the Fire Department, and to assist in the
recruitment of public safety members into the fire service, the City shall pay an educational
incentive in accordance with the following:
2.2.1 Thirty (30) College Units Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire
Department and have successfully completed 30 accredited college units of Fire Science shall
receive additional compensation amounting to 2.5% of their basic monthly salary.
2.2.2. AA Degree Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire
Department and who possess an A.A. degree in Fire Science shall receive additional
compensation amounting to 5% of their basic monthly salary.
2.2.3. EMT I
Employees who have completed their first year of full-time service with the San Rafael Fire
Department and who have successfully completed and who maintain an EMT I certification,
accredited by the State of California or State Fire Marshal's Office, shall receive an additional
compensation amounting to 2.5% of their basic monthly salary. EMT I re -certification training
shall be conducted on duty at times determined by the Fire Chief.
If an employee fails to maintain a valid EMT -1, said employee shall lose their 2.5% incentive
pay. All non -paramedic line employees hired on or after March 7, 1994 shall be required to
possess and maintain a valid EMT - 1 certificate as a condition of employment.
2.2.4. E.M.D.
Employees who have completed probation in the Fire Dispatcher classification and who have
successfully completed and who maintain a Marin County approved E.M.D. certification shall
receive an additional compensation amount to 2.5% of their basic monthly salary. This is provided
in lieu of "2.2.3." but will not preclude the employee from receiving "2.2.3." if he/she has not yet
successfully completed a Marin County approved E.M.D. certification. The City agrees to provide
time to meet all E.M.D. requirements. It is agreed that an employee shall not receive more than
one (1) emergency medical incentive of 2.5%.
2.2.5. E.M.D. Program Recruitment
Both parties agree that individuals hired as Fire Dispatchers must successfully complete an
Emergency Medical Dispatch program certified by Marin County within two (2) years of
employment.
2.2.6. Other Job Related Courses
It is agreed that college course work other than those specified in "2.2.1." and "2.2.2." completed
by non -safety members of the department may be deemed to be job-related by the Fire Chief to
qualify for the 2.5% or 5.0% educational incentives. This is provided in lieu of "2.2.1." or "2.2.2."
but will not preclude an employee from receiving "2.2.1." or "2.2.2." It is agreed that an employee
shall receive not more than one (1) educational incentive. Educational incentive for non -safety
members of the department shall not exceed 5.0% exclusive of EMT or EMD incentives.
Z3. Out of Class Compensation
When safety employees work out of their normal classification, they will be compensated and
governed by the following rules:
2.3.1. Fire Engineers
All Engineers will perform in Acting Captain status as needed, and will be paid out -of -class
compensation at the same step as their regular position, i.e., Step A - Engineer is paid at Step A -
Captain. Engineers will be paid the out -of -class compensation for each full shift completed in the
out -of -class position.
2.3.2. Fire Fighters
All firefighters with four (4) years or more of line service (line service is defined as active
participation as a member of an Engine and/or Truck Company working a standard 24 hour work
schedule with the City of San Rafael Fire Department, who meet the eligibility requirements to
take the Captain's promotional examination and with the recommendation of two Fire Captains
may attend the Captain's Certification Program consisting of up to 30 hours in-service training.
This training may be conducted on duty and attendance is a prerequisite for working out of class
as a Captain. Completion of State Board of Fire Services Fire Officers Certification will be
considered equal to San Rafael Fire Department Captain's certification for initial certification. Re-
certification will be required three (3) years from the date of the last certification and will consist of
a refresher course of up to six (6) hours. Certification may be extended if the refresher course is
unavailable. Officer Certification training will be conducted at a time designated by the Fire Chief,
and Engineers who wish to attend may do so. When working out of class as Engineers or
Captains, Firefighters will be paid the appropriate out -of -class compensation for each full shift
completed in the out -of -class position. They will be paid at the same step as their regular position,
i.e., Step A - Firefighter is paid at Step A, - Engineer or Step A - Captain.
2.3.3. Fire Captain
All Fire Captains while working out -of -class as Platoon Commanders will receive $100.00 per shift
premium pay over and above their base monthly salary for each full shift completed in the out -of -
class position.
2.3.4. Truck Company Apparatus Operation
All Firefighters temporarily assigned to a truck company with the responsibility of apparatus
operation will receive $10 per shift premium pay over and above their base monthly salary for
each full shift completed while serving in this capacity. In order to be eligible for this premium
pay, the employee must possess a current San Rafael Fire Department Engineer Certification.
2.4. Specialty Compensation
2.4.1. Truck Apparatus Premium Pay
All Firefighters assigned to a truck company with the responsibility of apparatus operation will
receive $100.00 per month premium pay over and above their base monthly salary while serving
in this capacity. In order to be eligible for this premium, they must possess a current San Rafael
Fire Department Engineer Certification.
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2.4.2. Paramedic Certification
1. The Firefighter/Paramedic classification was abolished on 07/01/88. Department
members who are Certified Paramedics and who are assigned to paramedic duty shall
receive the following incentives:
i) A paramedic incentive equal to 9.5% of top firefighter salary over and
above their regular monthly salary.
ii) An incentive equal to 2.5% of their regular monthly salary for A.C.L.S. in
lieu of the E.M.T. incentive. (Applicable only to those employees who
have completed their first year of full-time service and assigned to
Paramedic duty).
2. Fire Department Paramedic staffing level shall be determined by the Fire Chief. Staffing
of the Paramedic Unit by Paramedics holding the rank of Engineer or Captain shall be
determined by the Fire Chief or his designee.
3. Department employees desiring to voluntarily enter Paramedic training on their own time
and who have notified the Fire Chief, in writing, of their intentions, upon successful
completion and certification will be eligible for a "Paramedic" position in the department if
an opening is available. If a vacancy should occur in the positions allocated for Paramedic
duty, and a department employee is in training, the position will be held vacant for up to a
maximum of six months. The six-month period will allow for up to three months to
complete the training and an additional three months to complete the required field
internship. These time frames may be extended by the Fire Chief (see Department Policy
1-V-18).
4. In the event that a Firefighter assigned to Paramedic duty wishes to discontinue his/her
Paramedic assignment, both parties agree that a Firefighter vacancy not allocated to the
Paramedic Program must exist to facilitate the employee's reassignment out of the
Paramedic Program.
2.4.3. Paramedic Liaison
The Paramedic liaison will be selected by those individuals assigned Paramedic duty and will
serve for a minimum of one (1) year and a maximum of two (2) years. The individual selected as
the Paramedic Liaison will receive $200.00 per month premium pay over and above his/her base
monthly salary while serving in this capacity.
2.4.4. EMT 1 Ambulance Drivers
EMT -1 drivers shall receive a ten dollar ($10.00) bonus for each shift, full or partial, that they are
assigned to drive either ambulance. Regular assignment to the paramedic unit as an EMT -1 shall
be voluntary. Non -voluntary assignment to the paramedic unit as an EMT -1 shall be made to
cover absence of members regularly assigned to the unit. Association members cannot refuse
assignment to staff the paramedic ambulance.
2.4.5. Third Paramedic Unit
A third paramedic unit will be placed into service on July 1, 1996 using existing personnel. Two of
the paramedic units will be staffed with a minimum of one (1) EMT -P and one (1) EMT. One unit
will be staffed with two (2) EMT -P. Which unit will operate with two (2) EMT -P will be decided by
the Fire Chief in his discretion and may vary on different platoons.
2.5. Other Compensation
2.5.1. Uniform Allowance
Uniform members of the Fire Department 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.
2.5.2. Call -Back
Employees covered by this Memorandum of Understanding shall be paid at a rate of time and
one-half of the affected employee's regular hourly rate. Whenever an employee is asked to
continue his/her work past the scheduled duty day or is called back to unscheduled duty by the
Department. In such cases, a minimum of two hours call-back pay shall be paid.
CHAPTER 3.0. PROBATIONARY PERIOD
3.1. Purpose of Probation
The purpose of probation is to give the City an opportunity to evaluate an employee's performance
prior to the employee entering regular status.
3.2. Periodic Probationary Evaluations
After passing an examination and accepting appointment, each employee shall serve a
probationary period. During this probationary period the employee's performance shall be
evaluated at least twice, once during the fourth (4th) month and once during the eighth (8th)
month. The results of these evaluations shall be discussed with the employee.
3.3. Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12) months.
3.4. Rejection During Probation
During the probationary period an employee may be rejected at any time by the Fire Chief without
the right of appeal, except as provided by law.
3.5. 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.
3.6. Notification of Extension of 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.
3.7. 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.
3.8. Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher
classification. When an employee is promoted under such circumstances, the probationary period
of the lower classification shall be suspended. This suspension, the new promotional probationary
period and the promotional appointment shall commence on the same date.
3.9. 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. If
the employee was serving a probationary period at the time of promotion, the suspension of the
prior probationary period shall be lifted, the employee shall be reinstated to probationary status in
the prior classification and the remainder of that period shall be served. 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. Promotional Recruitments
Recruitments in the Firefighter series to the rank of Fire Engineer and Fire Captain shall be
promotional. In the event that no qualified candidates are identified through the examination
process, the position(s) will remain vacant and another promotional recruitment will begin in six (6)
months. This will continue until a qualified candidate is found.
4.2. Fire Captain Qualifications
4.2.1. Option 1
A. Four (4) years full time suppression experience in the Firefighter series.
B. Associate Degree in Fire Science or Fire Technology.
C. San Rafael Fire Department Engineer Certification or Engineer Rank.
-or-
4.2.2.
or -
4.2.2. Option 2
A. Five (5) years full time suppression experience in the Firefighter series.
B. Completion of the S.B.F.S. Fire Officer curriculum.
C. San Rafael Fire Department Engineer Certification or Engineer rank.
-or-
4.2.3.
or -
4.2.3. Option 3
A. Ten (10) years full time suppression experience in the Firefighter series.
B. San Rafael Fire Department Engineer Certification or Engineer rank.
C. San Rafael Fire Department Fire Prevention Certification or the completion of
Prevention 1A and 1B.
For the purpose of definition, in 4.2., Firefighter series shall mean the following job classes:
Firefighter, Fire Engineer and Fire Captain.
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4.3. Rule of Three
Appointments made off of departmental promotional lists or open lists for Fire Department
vacancies which have Fire Department employees on them require filling of vacancies from within
the top three names on a certified list as follows:
1 opening = 3 candidates
2 openings = 4 candidates
3 openings = 5 candidates and etc.
The Personnel Director may remove a name of an eligible employee from a list if he/she has been
rejected or passed over three times by the appointing authority.
Nothing herein shall require use of a Rule of Three for entry level selections, which shall be
subject to a Rule of the List.
4.4. Orientation
4.4.1. Captain's Orientation
Individual(s) having been selected from a Fire Captain's eligibility list for promotion, but prior to
Station assignment, shall be assigned an orientation period of one (1) continuous month. During
this orientation period the individual(s) shall be temporarily assigned to a forty (40) hour work
week. During this temporary forty (40) hour per week assignment, the affected individual(s) shall
receive their full monthly Captain's salary. The purpose of this orientation period is to make
available an array of training opportunities that will provide insight into the various aspects of the
Captain's roles and responsibilities. The orientation period should involve, but not be limited to,
visitations to other Fire Departments and agencies, discussions with Staff members regarding
various aspects of the Fire Department's operations, to include radio procedure, ICS system,
mutual aid procedures, location of stations of other departments, discussion with other City
officials, ride along with Police and a review of Police Department operations, plus time allotted to
County Communications or other agencies or departments that interact with our Department, i.e.,
Finance, Personnel, etc.
4.4.2. Firefighters' Fire Prevention Orientation
Firefighters' who have completed their twelve (12) month initial probationary period, and after
receiving at least 60 calendar days notice, shall be temporarily assigned to a forty (40) hour work
week. During this temporary forty (40) hour per week assignment, the affected individual(s) shall
receive their full monthly salary. This temporary assignment will be an orientation period with the
Fire Prevention Bureau and will have a maximum duration of one (1) continuous month. This
orientation shall occur during their second year of employment and shall be a one time
assignment. If for any reason the orientation is not completed, the Firefighters shall not be
required to return to the Fire Prevention Bureau for a second orientation. This assignment may not
be possible if sufficient personnel are not available.
During this orientation period, the Firefighters will be given training on the Company Inspection
Program. They will also experience field inspections and other related Fire Prevention practices
with bureau personnel.
4.5. Transfers
4.5.1. Type of Transfers
Transfers may be within the same department (intra -departmental) or between departments (inter-
departmental). The requirements for each are as follows:
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A. Inter -departmental transfers. An employee may be transferred from a position in one
department to a position in the same classification in another department, with the
recommendation of the two department heads and the approval of the City Manager.
B. Voluntary transfers. An employee may make a written request for transfer to the Personnel
Director to a position in the same or similar classification with the same salary range. Such a
request may be made on the recommendation of the affected department head(s) and the
approval of the City Manager.
4.5.2. Minimum Qualifications and Probation
Any persons transferred to a different classification shall possess the minimum qualifications for
that classification. In the case of a voluntary transfer, the employee shall serve a six (6) month
probationary period.
CHAPTER 5.0. HEALTH AND WELFARE
5.1. Health, Life, Accident and Disability
A. Effective 07/01/91, the monthly contribution by the City towards the cost of each eligible
employee's Health, Accident, Life and Disability insurance premiums will be $420.00/month.
Selection must include the employee's basic health plan offered by the City, unless the
employee can show proof of insurance; and the $5,000 term life insurance policy offered by
the City.
B. Payback. The difference between the allotted amount and the cost of the individual's health,
life, accident and disability insurance costs will be paid to the employee to a maximum of
$155.00 per month.
C. Members of the Firefighters Association may choose to subscribe to a long term disability
(LTD) plan other than that offered by the City as long as there is no cost to the City.
D. 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. Retiree's Health Insurance
The City will make a contribution each month towards each retiree's PERS health insurance for
any two party rate not to exceed the monthly amount allocated for active employees.
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).
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.
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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 be made up
of representatives of Miscellaneous, Supervisory, Police, Fire and Management employees.
5.5. Retirement Contribution
The City will contribute to the Marin County Retirement System a maximum of seven percent (7%)
of an employee's salary.
5.6. Vacation
5.6.1. Policy Statement
Three (3) members per shift shall be allowed off on vacation during all months of the calendar
year. Vacation shall be administered in accordance with Fire Department policy 14-1, which is
incorporated by reference. The Association acknowledges the Fire Chiefs right to investigate sick
leave abuse.
5.6.2. Vacation Conversion
In accordance with Resolution No. 5134, Section 17, and City Council policy established January
7, 1980, Firefighters Association employees who would otherwise lose vacation days during any
single year because of the City's inability to schedule annual accrued vacation usage for
everyone, may convert the number of days over and above what they are able to take off to cash,
up to a maximum of seven (7) days per calendar year.
Additionally, the Fire Chief, with the City Manager's approval, may extend this benefit to classified
employees when it is to the City's benefit and the Fire Chief believes the circumstances warrant it.
5.6.3. Vacation Relief
Firefighters with twelve (12) or more years of continuous service will be exempt from vacation
relief duty. However, if an insufficient number of Firefighters with less than twelve (12) years
service are available for vacation relief, Firefighters with twelve or more years of service will be
selected. The selection shall be based on seniority. Firefighters with less seniority shall be
selected prior to Firefighters with higher seniority. Firefighters on probationary status will be
exempt from vacation relief duty for the duration of their probation. For the purpose of this sub-
section, seniority shall be based on total time served in the department. The Association shall
continue to provide the Fire Chief with the names of employees to be assigned to vacation relief.
Beginning January 1, 1997, no employee shall serve more than three (3) consecutive years on
vacation relief. After three (3) years of not serving on vacation relief, such employee may then
work up to three (3) consecutive years on vacation relief.
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:
For 40 hour per week emplovees:
The first three (3) years of continuous employment shall eam ten (10) working (eight hour) days of
vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) day per month.
From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of
service, fifteen (15) working (eight hour) days of vacation per year. Such entitlement shall accrue
at the rate of one and one -forth (1 1/4) days per month.
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From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of
service, fifteen (15) working (eight hour) days of vacation per year. Such entitlement shall accrue
at the rate of one and one -forth (1 1/4) days per month.
From the beginning of the eleventh (11th) year of service through the end of the fifteenth (15th)
year, twenty (20) working (eight hour) days of vacation per year. Such entitlement shall accrue at
the rate of one and two-thirds (12/3 ) days per month.
From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working
(eight hour) days of vacation per year. Such entitlement shall accrue at the rate of two and one -
twelfth (2 1/12) working (eight hour) days per month.
For 56 hour oer week emDlovees:
Effective January 1, 1995, each regular and probationary full time employee shall commence to
accrue vacation at the following rate for continuous service:
All employees who are assigned to a twenty-four (24) hour shift schedule, during the first three (3)
years of continuous employment shall earn five (5) twenty-four hour shifts of vacation per year.
Such entitlement shall accrue at the rate of ten (10) hours per month.
From the beginning of the fourth (4th) year of continuous service through the end of the tenth
(10th) year of continuous service, shall earn seven and one half (7.5) twenty-four hour shifts of
vacation per year. Such entitlement shall accrue at the rate of fifteen (15) hours per month.
From the beginning of the eleventh (11th) year of continuous service through the end of the
fifteenth (15th) year of continuous service, shall earn ten (10) twenty-four hour shifts of vacation
per year. Such entitlement shall accrue at the rate of twenty (20) hours per month.
From the beginning of the sixteenth (16th) year of continuous service and beyond, shall earn
twelve and one half (12.5) twenty-four hour shifts of vacation per year. Such entitlement shall
accrue at the rate of twenty-five (25) hours per month.
5.7. Sick Leave
5.7.1. Accrual
The maximum accrual limit (1,200 hours for employees working a 40 hour work week and 1680
hours for employees working a 56 hour work week) is amended to permit continued unlimited
accrual for sick leave use purposes for all represented employees. The maximum limit continues
to apply for cash -in purposes.
Currently all eligible full-time employees earn sick leave credits at the rate of eight (8) hours per
month commencing with the date of employment. Effective January 1, 1995, each eligible full-
time employee working a 56 hour work week shall earn sick leave credits at the rate of twelve (12)
hours per month. Represented employees working a 40 hours work week shall continue to earn
sick leave credits at the rate of eight (8) hours per month.
5.7.2. Sick Leave Usage
An employee eligible for sick leave with pay will be granted such leave with approval of the
department head for the following purposes:
Personnel 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; or
14
in the event of a death or critical illness in the immediate family, an employee may, upon
proper notification, be allowed to use up to thirty-six (36) hours of sick leave for such a
circumstance within the state or sixty (60) hours for such a circumstance out of state.
Where such death or critical illness has occurred, the employee will be expected to furnish
satisfactory evidence of the situation to the Fire Chief if requested. The employee may
request, and on approval of the Department Head, receive additional sick leave hours off
in the event of such a death or critical illness in the immediate family. The immediate
family is defined as spouse, children, parents, brothers or sisters.
The Association acknowledges the Fire Chiefs right to investigate sick leave abuse.
5.7.3. Sick Leave Incentive
Effective July 1, 1996, with the elimination of the two tiered sick leave payoff plan (5.7.4.) the sick
leave incentive plan for employees hired on or after July 1, 1979 is eliminated.
5.7.4. Sick Leave Payoff
Upon termination of employment by resignation, retirement or death, employees who leave the
municipal service in good standing shall receive compensation of all accumulated unused sick
leave, based upon the rate of two percent (2%) of each year of service to a maximum of fifty
percent (50%).
Refer to 5.7.1. for maximum limit applicable to sick leave payoff.
5.8. Leave Conversion to Hour for Hour
5.8.1. Accrued Balance Conversion
Effective January 1, 1995, each employee covered by this Memorandum of Understanding
working a regularly scheduled 56 hour work week shall have their current balances of accrued sick
leave hours and accrued vacation leave hours multiplied by a factor of 1.5. The resulting figures
shall be each employees' new accrued balances of sick and vacation leave.
5.8.2. Sick and Vacation Leave Usage
Effective January 1, 1995, each employee covered by this Memorandum of Understanding shall
have one (1) hour of sick leave or one (1) hour of vacation leave, as appropriate, deducted from
their accrued balance for each hour of leave used during any reportable 24 hour period.
5.8.3. Hourly Rate for Leave Payoff
Effective with the conversion to hour for hour reporting, the hourly rate used for leave payoff
purposes shall be based on 2080 annual work hours for represented job classes working a 40 hour
work week and 2912 annual work hours for represented job classes working a 56 hour work week.
5.9. Holidays
5.9.1. Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the following
holidays:
*January 1 I New Year's Day
*Third Monday in January Martin Luther King Day
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February 12
Third Monday in February
*Last Monday in May
*July 4
*First Monday in September
September 9
As observed by the City of San Rafael
*As observed by the City of San Rafael
As observed by the City of San Rafael
*December 25
Lincoln's Birthday
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
5.9.2. Holiday Pay
All 56 hour a week shift employees covered under this Memorandum of Understanding are entitled
to additional straight time compensation for every holiday given in 5.9.1. above. Said
compensation shall be paid twice each year on the first pay period of December and the first pay
period of June. Holiday pay formula will be based on a 56 hour work week (2,912 hour year for
calculating the hourly rate for a twelve hour day).
All 40 hour week shift employees covered under this Memorandum of Understanding are entitled
to the aforementioned holidays off or shall be paid in addition to their regular salary for the number
of hours worked during such a day at the rate of straight time based on their standard hourly rates.
5.9.3. Holiday Routine
In addition to the emergency responses, the holiday routine shall consist only of the normal daily
emergency preparedness, routine maintenance of facilities and equipment and the related
administrative work. Employees assigned to work on holidays asterisk above (*) shall observe the
holiday routine.
5.10. Other Leaves
5.10.1. Maternity Leave
Such leave shall be in accordance with applicable State and/or Federal law.
5.10.2. Military Leave
Military leave as defined in State law shall be granted to any regular employee.
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.
5.10.3. 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.
5.10.4. 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.
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5.10.5. Court Appearance
Employees required to appear in court or other official hearings shall be granted a leave of
absence with pay from their assigned duty until released by the Court. Employees required to
appear in Court or other official hearings other than during their regular tour of duty shall receive a
minimum of four (4) hours pay at the overtime rate and shall appear in Class A uniform. The Fire
Department, when informed, shall provide appearance information for the employees. This
information shall be made available, if known, by 6:00 p.m. on the last court day preceding the
scheduled appearance date of the employee. Employees will be responsible for calling the
dispatcher after 6:00 p.m.
CHAPTER 6.0. HOURS
6.1. Hours of Work
All suppression employees and dispatchers covered by this Memorandum of Understanding shall
work a fifty-six (56) hour work week with a three (3) platoon system. A work shift shall be defined
as twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the
following day.
6.2. Work Schedule
Employees in this unit shall be assigned to either eight or twenty-four hour shifts. All suppression
employees and dispatchers work a fifty-six (56) hour work week in twenty-four (24) hour shifts
within a twenty-seven (27) day cycle.
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XOXOX/0000/XOXOX/0000
Fire prevention personnel work different schedules according to administrative needs. The work
week will consist of 40 hours or 56 hours respectively. Fire prevention personnel working eight
hours shifts shall work as follows:
Monday through Friday 0800 to 1700 hours
Any employee working the suppression schedule described above may agree to transfer to a
prevention, training or other special assignment, subject to the approval of the Fire Chief. If
transferred to the forty (40) hour work week in such a capacity outlined above, such employee
shall receive five percent (5%) premium pay. The length of the transfer shall be two (2) years, but
may be modified by mutual agreement between the employee and the Fire Chief.
6.3. FLSA Overtime
Overtime shall be calculated pursuant to the Fair Labor Standards Act.
6.4. Overtime
All employees covered by this Memorandum of Understanding shall be paid at the rate of time and
one-half of their established hourly rate for time worked in excess of their regular forty (40) hour or
fifty-six (56) hour work week. There shall be no compensatory time off; all overtime shall be paid
overtime. Overtime shall be administered in accordance with the provisions of Policies and
Procedures Manual 14-17, which is hereby incorporated by reference.
Effective December 1, 1994, dispatch personnel shall receive overtime pay in accordance with the
provisions and calculated in the same manner as FLSA overtime for suppression personnel (sleep
17
and/or meal time is not subtracted from their hours worked for the purposes of calculating FLSA
overtime).
CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT
7.1. Staffing Levels
Through attrition, the City may reduce the number of captains to eighteen (18) and the number of
engineers to eighteen (18), operating from six (6) fire stations. Any other changes in the current
staffing levels will be subject to meet and confer.
7.2. Grooming Standards
All personnel covered by this Memorandum of Understanding shall conform to the following
guidelines:
7.2.1. Hair
Members shall have their hair properly cut, styled or trimmed, so as to present a neat appearance
at all times. There shall be no ponytails or ques wom by any personnel covered by this
Memorandum of Understanding and hair for males shall not be braided. The following guidelines
for hair shall apply:
A. The bulk of hair shall not exceed 1 and 1/2 inches in depth.
B. Sideburns shall not extend below the earlobes. The maximum width of sideburns, at
the bottom, shall not exceed 1 inch.
C. Hair may extend over the ears; however, the lower 1 inch of the ear shall remain
exposed.
D. Hair may extend to the bottom of the collar, when standing in a normal erect position.
7.2.2. Facial hair
Facial hair is not allowed; however, the wearing of mustaches is permitted in accordance with the
following:
A. Mustaches shall be neat and trimmed and shall not extend beyond the comers of the
mouth more than 1 inch.
B. Mustaches shall not extend downward beyond the comers of the mouth more than 3/4 of
an inch.
7.2.3. Jewelry
The wearing of rings is optional; however, no personnel covered by this Memorandum of
Understanding shall wear earrings, studs, or posts while on duty.
Note: Policy 1 -VI -2 shall be changed to reflect these agreements on grooming standards. A set of
drawings, depicting the standards set forth above shall be attached to Policy 1 -VI -2 and said policy
is hereby incorporated by reference.
7.3. Career Development Program
The San Rafael Firefighters Association agrees to the Career Development Guidelines as written
and agreed to March 17, 1982, to be placed in this Memorandum of Understanding with the
inclusion of the following:
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7.3.1. Engineer Certification Policy
Career Development Guidelines regarding Engineer Certification Policy 1-V-10 revised January
1989 is attached as Exhibit "E° and the Career Development Guide for Firefighter Policy 1-V-9
revised January 1989 is attached as Exhibit "F" shall both be placed in this Memorandum of
Understanding.
7.3.2. Responsibility for Implementation
The Fire Chief and his management staff shall have responsibility for the implementation of the
Career Development Guidelines as written and approved in Policy 1-V-10, revised January 1989,
and attached as Exhibit "E° and the Career Development Guide for Firefighters Policy 1-V-9,
revised January 1989 and attached as Exhibit "F" to this Memorandum of Understanding.
7.3.3. Program Guidelines
If guidelines are not followed by the department as written, concerned member(s) shall not be
subject to disciplinary action. The City has the obligation to ensure that the employee is provided
sufficient time and training to meet the standards at the required times.
7.3.4. Order of Completion
There shall be no required order in completion of desired requirements.
7.3.5. Fire Prevention Certification Policy
Employees should refer to Department Policy 1-V-16 for information concerning this policy.
7.4. Station Transfers
Once each year between October 1st and October 31st, department members may submit a
written request to the Fire Chief requesting transfer or stating preference in the event of transfer
initiated by the department. Employees being transferred will be notified no later than November
30th. When transfers are denied or made to stations not requested, the Chief and his/her
designee, when requested by the affected member, will meet with the member so affected, and
explain the reason for the department's action. When considering multiple requests for transfer to
the same station, the departmental needs are to be considered first, after which seniority of the
applicants will be primary.
7.5. 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.
7.6. Residency
Within two years of employment, all new employees in those classifications represented by the
Association shall have their principal place of residence within the area designated on the map
marked as Exhibit "H' and attached to this Memorandum of Understanding. Based on the
increased residency requirement granted by the City, the Association hereby agrees that residency
shall not become an issue for contract negotiations until 1996.
7.7. EMT -D Certification
EMT -D certification is a requirement for each employee with a safety classification. The
certification is to be conducted on duty, between the hours 0800 and 1700, and counted as a
portion of the eight-hour routine duty day.
19
7.8. 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 7.8, Part A of this Memorandum of Understanding shall be deemed
disciplinary action and as such shall be handled according to the provisions in Chapter 8,
Disciplinary Action, of this Memorandum of Understanding.
7.9. Termination of Employment
7.9.1. 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.
7.9.2. 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.
7.9.3. Termination - Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Chapter Eight (8)
Disciplinary Action of this Memorandum of Understanding.
7.9.4. 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.
7.9.5. 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.
7.90. Shift Trade Policy
To provide a mechanism which will enable Fire Department members to take a normally assigned
work shift off without having to use vacation time, a shift trade policy has been implemented.
Refer to Policy 1-V-14.
20
CHAPTER 8.0. DISCIPLINARY ACTION
8.1. 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.
8.2. Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or
suspension resulting in loss of pay.
8.3. 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.
1. 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.
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.
8.4. 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 (Chapter 9). 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.
21
8.5. 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 not have the
power to amend or modify either party's position; but 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 9.0. GRIEVANCE PROCEDURE
9.1. Definition
A grievance is any dispute which involves the interpretation or application of any provision of this
Memorandum of Understanding, or any Fire Department policy specifically referenced herein.
Policy 1 -VI -3 is specifically incorporated by reference.
9.2. Initial Discussions
Any employee who believes that he or she has a grievance may discuss his or her complaint with
the Fire Chief or with such subordinate management official as the Fire Chief may designate. 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.
9.3. 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 9.4 below which has not been first heard and
investigated in pursuance of subsection 9.2. 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.
9.4. Adjustment Board
In the event the Grievant and the City are unable to reach a mutually satisfactory accord on any
grievance (as the term "grievance" is hereinabove defined) which arises and is presented during
the term of the Memorandum of Understanding, such grievance shall be submitted to an
Adjustment Board comprised of three (3) employee representatives, and three (3) representatives
of the City. The Association shall be an indispensable party to any grievance which is submitted
to the Adjustment Board. Any party desiring an official transcript of the Adjustment Board hearing
shall bear the cost of same.
If an Adjustment Board is unable to arrive at a majority decision, either the grievant, the
Association or the City may request that the grievance be referred to the City Manager, or
arbitration.
W
No Adjustment Board or Arbitrator shall entertain, hear, decide, or make recommendations on any
dispute involving a position over which the Association has jurisdiction unless such dispute falls
within the definition of grievance as hereinabove set forth in Section nine -one (9.1) "Definition" of
this Memorandum of Understanding.
Proposals to add to or change this Memorandum of Understanding or written agreement or
addenda supplementary hereto shall not be grievable and no proposal to modify, amend or
terminate this Memorandum of Understanding, nor any matter or subject under this Section; and
no Adjustment Board or 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.
No changes in the Memorandum of Understanding or interpretations thereof will be recognized
unless agreed to by the City Manager and the Association.
9.5. City Manager and Arbitration
If the grievance is not resolved through a majority decision in the previous step as set forth in
Section nine -four (9.4) "Adjustment Board" of this Memorandum of Understanding, the grievant,
the Association, or the City may, after completion of the previous step in the grievance procedure,
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.
CHAPTER 10.0. REDUCTION IN FORCE
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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 classification(s). The computation of seniority for part-
time employees will be credited on a pro -rata basis to full-time service. Time spent on
W
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.
10.5. 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 held regular status. An employee
who is bumped, shall be laid off in the same manner as a employee whose position is abolished.
10.6. 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.
10.7. Re -Employment
10.7.1. 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.
10.7.2. 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.
10.7.3. Time Limits
Should the person not accept the re -appointment within seven m 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.
10.7.4. 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.
24
10.7.5. 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.
10.7.6. 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 11.0. MISCELLANEOUS
91.9. Management and Miscellaneous Positions
The positions of Fire Chief, Division Chief, Fire Marshal and Training Officer are deemed
management positions and are included in the Management and Mid -Management salary
schedules for salaries and fringe benefits. The Fire Department clerical personnel are included in
the Miscellaneous Memorandum of Understanding.
11.2. Use of Fire Apparatus for Shopping
Affected employees will be allowed to use fire vehicles for shopping. Affected employees shall
cant' a portable radio or alert device and shall remain ready to respond to any call received. If a
firefighting apparatus, which includes Rescue 50, is used for shopping, one employee will, at all
times, remain with the apparatus (1 -IV -26).
11.3. Physical Fitness Program
The San Rafael Firefighters Association and the San Rafael Fire Department agree that physical
fitness of its members is a benefit to the individual employees and the department. While
ultimately the responsibility of the individual employee, Station Captains will provide time for a
physical fitness program utilizing as goals the following performance standards:
A. Aerobic Capacity
B. Muscular Strength (chin-ups):
Body weight 110-135, 5 chin-ups
Body weight 135-175, 4 chin-ups
Body weight greater than 175, 3 chin-ups
C. Abdominal Muscle Endurance (sit-ups):
Minimum performance standards
30 repetitions in 60 seconds
D. Upper Body Muscular Endurance (pushups):
Minimum performance standards
20 repetitions in 60 seconds
E. Body Composition and Body Fat:
Minimum performance standards
Less than 20%
F. Flexibility
Minimum performance Standard, plus one (1) inch
Phi
The department will ensure that sufficient time is made available to the Captains, through their
activity schedule, so that the Captains may, at times convenient to their individual companies,
implement the program. The department will not require evaluations based upon this voluntary
program.
11.4. Medical Standards
The City will establish pre-employment medical standards for all classifications represented by the
San Rafael Firefighters' Association, I.A.F.F., Local 1775. A medical standards ordinance to be
applicable to Fire Department personnel in the classification of Firefighter, Engineer, and Captain
will be discussed by the City and the Association and will be adopted only after mutual agreement
by both parties.
11.5. Personnel Rules and Regulations
The City and the Association will meet and confer over the Rules and Regulations until agreement
or impasse, per the current impasse procedures, (re: Resolution No. 4027).
11.6. Drug and Alcohol Policy
The City and the Association both support a drug and alcohol free work place and agree to
continue to meet and confer over a comprehensive drug policy. It is understood that the policy will
apply to all represented departmental employees and non -represented fire safety employees.
11.7. Light Duty Policy
Light duty is offered to employees with temporary medical disabilities under the following
circumstances:
1. Must be medically authorized by the individual's treating physician.
2. Any and all work restrictions or modifications necessary to accommodate the employee's
temporary disability must be thoroughly defined.
3. There must be actual light duty work available that can accommodate the temporary
modifications.
4. This option is available to all employees whether the debilitating injury occurred on or off
duty.
5. Light duty will be applied in a non-discriminatory manner.
6. All light duty assignments will consist of work which falls within the scope of regular
employment in the Fire Department which can accommodate prescribed temporary
physical limitations. Light duty assignments may include, but are not limited to,
departmental work such as: dispatching, fire prevention, running supplies and
administrative projects. Light duty will be the only circumstance where an employee will
be required to perform duties outside of his/her job description. It is understood and
agreed that light duty assignments will be confined to the Fire Department.
11.8. Association Meetings with the Fire Chief
The Fire Chief and/or Staff members designated by the Fire Chief, along with the representatives
of the Association, shall meet at least quarterly to discuss topics and issues of mutual concern.
Meetings may be called by either party. The parties will attempt to schedule the meeting within
fourteen (14) calendar days of the request for the meeting, unless otherwise mutually agreed. The
26
parties will develop and share an agenda for the meeting at least twenty-four (24) hours prior to
the date of the meeting.
11.9. Safety Committee
11.9.1. Fire Department Committee
In order to promote health and safety among the Fire Department employees, a joint committee of
seven (7) will be established with equal representation and authority, with four (4) employees to be
designated by the Fire Chief and three (3) employees designated by the Association. This
committee shall be called the Health and Safety Committee. The committee shall meet regularly
at least once a month in order to review accident records and other data bearing on the
employee's health and safety. The committee shall make recommendations for the correction of
any undesirable conditions which may be found to exist.
11.9.2. City -Wide Committee
If the City reinstates a City wide Safety Committee, one member designated by the Firefighter's
Association shall serve on this committee.
11.10. 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.
11.11. Joint Salary Survey
Both the City and the Association agree to participate jointly, in the development of a salary
survey that shall commence six months prior to the expiration of this agreement. The agencies to
be used in this survey are: Fairfield, Vallejo, Hayward, Alameda County, South San Francisco,
City of Alameda, Napa, Novato Fire District, Santa Rosa and Sausalito (Note reference in 2.1.1.).
CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING
LANGUAGE
12.1. 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.
12.2. Existing Laws, Regulations and Policies
This Memorandum is subject to all applicable laws.
12.3. 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.
27
12.4. Full Understanding, Modification, Waiver
12.4.1. 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.
12.4.2. 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, 1996.
12.4.3. Effective Dates
This Agreement will be in effect from July 1, 1993 through June 30, 1996. 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.
12.5. 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.
28
SAN RAFAEL FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL
1775
Jim Lydon, President
Date
CITY OF SAN RAFAEL
ev dw1ez_zf e V -1 -
Dick Whitmore, Chief Negotiator
Y1_9 f
• R be cucc re Ch f
\A c,,s• '1prL S
Daryl G. Chandler Personnel
rN ,
Director
29
t,P-715_1%
Date
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL FIREFIGHTER'S ASSOCIATION
List of Exhibits
Exhibit A Salary Schedule 07/01/96
Page 5, Section 2.1.2.
Exhibit B Salary Schedule 07/01/97
Page 5, Section 2.1.3.
Exhibit C Salary Schedule 07/01/98
Page 5, Section 2.1.4.
Exhibit D Side Letter, Chief Officer
Suppression Qualifications
Exhibit E Personnel Policies and Procedures 1-V-10
Engineer Certificate
Page 19, Section 7.3.1. and 7.3.2.
Exhibit F Personnel Policies and Procedures 1-V-09
Career Development Guide for Firefighters
Page 19, Section 7.3.1. and 7.3.2.
Exhibit G Location Map for Residency Requirement
30
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CITY OF, Msr or
Alberc J. Baro
Council Members
Paul M. Cohen
6arbare Heller
Gary 0. Phillips
September 25, 1995 Oevid J. zappecini
Mr. James Lydon, President
San Rafael Firefighters' Association
P.O. Box 2519
San Rafael, CA 94912
Subject: Personnel Rules Letter of Agreement
Dear Jim,
The City Council met with its labor negotiators in closed session on Monday, 9-18-95 to discuss the
unresolved issue associated with the experience qualifications for the Fire Chief officer classifications, which
the City and the Association have been discussing as a part of finalizing the meet and confer process on the
revised Personnel Rules and Regulations. The final proposal from the City, on this issue, as well as a
summary of the second, agreed "rules" issue, is as follows:
1. Experience qualifications of Fire Chief Officer classifications, excluding Fire Chief:
A. 3 yrs. line captain experience for promotion/appointment to any current orfuture chief
officer class that has emergency incident commander responsibilities. 2 yrs of line
captain experience for acting assignment to such a position.
B. No impact on the status of incumbent chief officer employees in their current
positions.
C. Chief officer classifications, minus Fire Chief, include: Fire Division Chief, Fire
Marshal, and Fire Training Officer. (Note: Fire Marshal and Fire Training Officer
presently hold the rank of Battalion Chief.)
D. The incumbent Fire Marshal remains eligible to serve as an acting incident
commander, in accordance with the 11-93 arbitrated special agreement. The training
program, once completed, detailed in this special agreement serves to qualify the
incumbent, as tothe experience necessary, to compete for promotion to other chief
officer opportunities.
2. Section 1.5 of Personnel Rules: Collective Bargaining Agreements.
As per our tentative agreement dated 3-21-95, section 1.5 of the revised Personnel Rules
will be changed to read:
14093 FIFTH AVE., P.O. BOX 959560, SAN RAFAEL, CA 94 9 1 5-1 560
`-e
Mr. dames Lydon, President
San Rafael Firefighters' Assn.
September 25, 1995
Page 2
These rules are not intended to supersede any provisions of an existing collective bargaining
agreement. What this means is that if any section of these Rules and Regulations is covered
by a provision of collective bargaining agreement, the collective bargaining agreement shall
prevail and the parallel provisions in the Rules and Regulations shall not apply to the affected
Unit.
In addition to the above two items, we agreed that the experience section of each of the current chief officer
job descriptions included in the Fire Department's Career Development Guide will be updated to reflect the
qualifications conditions noted in # 1 of this letter.
This letter constitutes the agreement of the parties, as evidenced by their signatures below. It is intended that
this letter shall be appended to the current Memorandum of Understanding (MOU) and shall be appended
to future. MOU's, unless modified by the meet and confer process set forth in Resolution No. 4027.
/,' 'IC74-
Suzann olt
Assistant City Manager
cc: Mayor and City Council
Pamela J. Nicolai
Robert Marcucci
Daryl Chandler
Dick Whitmore
John Grey
Al AFireFina
/Jam9elsydoo
President, San Rafael Firefighters'
Association
EX= I —
CITY OF S A N R A FA E LCHAPTER V I Personnel Policies
FIRE DEPARTMENT
OPERATIONS MANUAL SUBJECT 10 I Engineer Certification
BOOK NO. 1
O R G A N I Z A T I O N CODE 1-V-10 !PAGE 1 OF 5 JDATE 1-2-89
PURPOSE:
To provide a mechanism that will enable Fire Department members to
function effectively as Engineers.
POLICY:
A. Department members desiring promotion to the rank of Engineer' must
posses a valid Engineer's Certification.
B. Department members not holding the rank of Engineer and desiring to
see promotion to Captain must possess a valid Engineer's
Certification.
C. Engineer Certification is valid for a three (3) year period.
D. Engineer Certification is included in the Career Development Guide
for Firefighter.
E. Department members must complete the engine driving and rodeo phase
of Engineer Certification using a stick shift transmission and
possess a valid Department of Motor Vehicle Class B license by the
end of his/her second year of employment. This phase of testing
will apply toward Engineer Certification and need not be repeated
during the initial Engineer Certification process.
OBJECTIVE:
To provide a systematic process and course of instruction which will
enable Fire Department members to certify as Engineers.
RESPONSIBILITIES:
A. PLATOON COMMANDERS - Platoon Commanders will be responsible for
coordination of the Certification process by chairing the initial
meeting, coordinating testing dates, and handling any difficulties
arising during the Certification period.
APPROVED =� Revised 9-22-92
1
/"CITY O F S A N R A FA E L CHAPTER V Personnel Policies
FIRE DEPARTMENT & Procedures
O P E R A T'I O N S MANUAL SUBJECT 10 I Engineer Certification
BOOK NO. 1
ORGANIZATION CODE 1-V-10 (PAGE 2 OF 5 JDATE 1-2-89
B. CAPTAIN - The Company Commander will function as the Candidate's
Certification Coordinator, scheduling the initial meeting, signing
the check off sheet, scheduling apparatus for training with other
Company Commanders, insuring instructors are available, coordinate
testing dates with the Training Officer, arrange the setting up of
the rodeo and coordinate the re-examination date if necessary.
The Company Commander's responsibility will be to assist the
Candidate through the Certification process, providing him/her with
the necessary resources.
C. TRAINING OFFICER - The Training Officer will provide assistance to
the Company Commander upon request and participate in the testing
process. If a member fails any phase of the testing process the
Training Officer will explain to the Company Commander and Candidate
the area of failure and the methods to improve the Candidate's
ability to satisfactorily complete that phase of the Certification.
D. ENGINEER - The Engineer will be the technical advisor to the
Candidate, assisting him/her in the learning process and providing
the practical hands on training required for Certification. The
Engineer will also assist in the application of fire ground
hydraulics. The degree of involvement by the Engineer will be
determined by the Company Commander.
PROCEDURE:
A. Upon determination that the Firefighter desires Engineer
Certification, the Company Commander shall submit a written
memorandum to the Platoon Commander requesting that the
Certification process commence. A copy of the memorandum will be
placed in the member's training file.
B. The Platoon and Company Commanders will mutually agree upon a
conference date which will be attended by the Candidate, Company and
Platoon Commanders, Training Officer and Engineer assigned to the
Candidate's Company. During the conference, which the Platoon
Commander will chair, the responsibilities and role of each Team
Member will be discussed. At this meeting all materials needed to
complete Engineer Certification will be explained and discussed with
the Candidate.
APPROVED Revised 9-22-92
r%ArW (7---> ->--g2N
DITY OF SAN AAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
0RGAN IZATION
CHAPTER y I Personnel Policies
& Procedures
SUBJECT 10 I Engineer Certification
CODE 1-V-10 IFAGE 3 OF 5 JDATE 1-2-89
C. Upon completion of the meeting the Platoon Commander will forward an
Acknowledgment Report to the Company Commander, with copies to the
member and his training file. The Company Commander will be
responsible for notifying the Platoon Commander when the Candidate
desires to be Certified.
D. Prior to initiating any phase of Engineer Certification training or
testing the candidate must have in his/her possession the required
Department of Motor Vehicle Instruction Permit to operate or drive
any Fire Department apparatus.
E. The Candidate must submit prior to initiating the testing process a
completed Individual Engineer's Training Record to the Training
Officer. In addition, the Company Commander shall coordinate the
test dates.
F. The Proctors shall consist of a panel appointed by the Fire Chief
consisting of the following, but not limited to the ranks or
positions of Platoon Commander, Training Officer, Company Commander,
Engineer and two (2) alternates which may consist of any rank,
Engineer or above.
G. The first test taken must be the written, scheduled at any time
convenient to the Platoon and Company Commanders. The practical
tests must be scheduled in the first week of the month preceding the
month testing is requested for inclusion in the Monthly Activity
Schedule.
H. Engineer Certification will require satisfactory completion of four
test increments. The written test must be taken first, with the
Candidate selecting the order of the remaining tests. The Candidate
must pass the written test before proceeding with the practical
test. Included as part of the pumping practical is a pump
nomenclature utilizing the pump cut -away.
I. The Driving Test will include a rodeo, pre -trip inspection and
practical driving over City streets. During the Driving Test the
Candidate must demonstrate his/her ability to operate both automatic
and stick shift transmissions. A standard stick shift transmission
must be used when completing all phases of the Engine Driving Test,
i.e., pre -trip, rodeo and driving test. The Candidate will have the
option of selecting the specific apparatus to be used during
Certification, but as indicated above the engine must be a stick
shift. If the aerial is to be used during the rodeo phase of the
Revised 9-22-92
APPROVED �/�,/��J
.CITY OF SAN RAFAEL CHAPTER v Nersonnel Policies
FIRE DEPAR : NIENT & Procedures
OPERATIONS MANUAL SUBJECT 10 I Engineer Certification
BOOK NO. 1
O R G A N I Z A T 1 O N CODE 14-10 IPAGE 4 OF 5 JDATE 1-2-89
testing, the snorkel must be used during the practical driving test.
The pre -trip inspection will be conducted prior to the practical
(road) test for engines. This inspection is as required by the
California Commercial Drivers License Program.
J. The Candidate must obtain a California Commercial Driver's Class B
License as part of the certification process. The Candidate must
have this license before a certification will be issued.
K. The Candidate will also have the option of selecting the engine of
his choice during the driving and pump operation test. Truck
operation testing will include aerial and snorkel.
CRITERIA:
A. Failure of any portion of the testing process will only require
re-examination of that phase, but the Candidate must wait thirty
(30) days before retaking the failed portion. Failure to
satisfactorily complete the test the second time will require that
the Candidate wait six (6) months before retaking the failed portion
of the certification process.
B. The Candidate will have the option to withdraw from the
Certification process at any time during the testing procedure.
Written notice will be sent to the Candidates indicating their
satisfactory completion or failure of the testing procedure.
C. CAPTAIN - The Company Commander will function as the Candidate's
Certification Coordinator, scheduling the initial meeting, signing
the check off sheet, scheduling apparatus for training with other
Company Commanders, insuring instructors are available, coordinate
testing dates with the Platoon Commander and Training Officer,
arrange the setting up of the rodeo and coordination of the re-
examination date if necessary.
D. The Company Commander's responsibility will be to assist the
Candidate through the Certification process, providing him/her with
the necessary resources.
E. Unusual circumstances may develop where, because of mechanical
failure of a specific piece of apparatus, weather conditions,
Department activity or excess emergency incidents, a Candidate
cannot complete Engineer Certification, through no fault of his/her
APPROVEDI'V� Revised 9-22-92
DATE 41--22�9Z
1
CITY OF SAN RAFAELPersonnel Policies
FIRE C�PARTMENT
CHAPTER � I & Prc_..dures
OPERATIONS MANUAL
BOOK NO.].
ORGANIZATION
SUBJECT 10 f Engineer Certification
CODE 14-10 ,PAGE 5 OF 5 JDATE 1-2-89
own. In these situations a time extension may be granted by the
Fire Chief with no loss in pay to the candidate. The specific
length of the time extension will be determined by the Company and
Platoon Commanders, with the Fire Chief's concurrence.
F. Written notice will be sent to the Candidate indicating his/her
satisfactory completion or failure of the certification process.
RECERTIFICATION:
Recertification will be valid for a three (3) year period. Department
members desiring recertification must recertify within twelve (12) months
from the date of expiration of their Certification, or they will be
required to complete the entire Engineer Certification process. The
recertification shall consist of the following phases of the Engineer
Certification Process, i.e., driving test, rodeo, truck operation on
aerial, snorkel and pumping.
A. The Driving Test will include a rodeo for both engine and truck,
pre -trip inspection and practical driving over City streets. In
lieu of the practical driving test, a written memorandum from the
Candidate's Captain indicating that during the past six (6) months
the Candidate has demonstrated, to the satisfaction of the Captain,
that he/she can drive both engine and truck will suffice.
B. During the rodeo phase of the recertification, the Candidate will
have the option of selecting the specific engine and truck that will
be used during the rodeo phase of the testing. The engine must be
equipped with a standard transmission.
C. During the truck operation phase, the Candidate must demonstrate
his/her skills on both aerial and snorkel.
D. In lieu of a practical pumping test, a written memorandum from the
Candidate's Captain indicating that during the past six (6) months
the Candidate has demonstrated that he/she has satisfactorily pumped
at drills, proficiency indexes, emergency incident, etc. will
suffice.
APPROVED Revised 9-22-92
- �l
DATE Q-
CITY OF SAN RAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
ORGANIZATION
PURPOSE:
y Personnel Policies &
CHAPTER
I Procedures
9 Career Development Guide
SUBJECT
I for Firefighter
CODE 1-V-9 PAGE 1 OF 3 (DATE 1-2-89
To provide for the systematic development of Firefighter through his/her
recruit training program to their top step salary range.
POLICY:
A. The four (4) year Career Development Program will be integrated into
the salary step increase for each year.
B, Requires that the Firefighter satisfactorily complete three (3)
distinct developmental phases in addition to the probationary period
before receiving his/her yearly salary step increase.
C. In addition to the probationary recruit training period the
Firefighter will be required to complete:
1. Engineer Certification.
2. EMT I or EMTFS.
3. Fire Prevention Certification.
OBJECTIVE:
Through the Career Development Program, Firefighters will be able to
obtain and possess the intrinsic knowledge necessary to become a
productive member of an Engine Company and provide the Company Commander
with the technical resources needed to function in a complex profession.
RESPONSIBILITY:
A. Refer to Engineer Certification Policy.
B. Refer to Fire Prevention Certification Policy.
C. Emergency Medical Technician.
1. Depending on the Firefighters option, EMT I training can either
be completed in the second or third year of the Career
Development process. The obtainment of EMT I or EMTFS must be
accomplished by the member on his own off—duty time.
APPROVED �Ie4w
DATE i- � - o0
1
rCITY OF SAN AAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
ORGANIZATION
CHAPTER V eersonnel Policies &
Procedures
SUBJECT 9 Career Development Guide
for Firefighter
CODE 1-V-9 (PAGE 2 OF 3 JDATE 1-2-89
2. A situation may develop where a Department member may not have
completed his/her EMT training by the prescribed time period
because of class scheduling. A time extension may be granted
to the member, without loss of pay, by the Fire Chief, when the
member can document that he is presently enrolled in an EMT
certification class. The extension will in no case extend
beyond a ninety day period.
RECRUIT ORIENTATION:
During the Recruit Orientation the Career Development Program will be
explained in depth to the newly hired member(s) and his/her
responsibility in completing the four year program. Following
satisfactory completion of the one year probationary period the
Firefighter will again be reminded of the Career Program and his/her
obligation to select either Engineer Certification or Emergency Medical
Technician training as a second year Career Development Program
objective.
PROCEDURE:
A. At the completion of the probationary period the Firefighter will
have the option of either pursuing Engineer Certification or
Emergency Medical Technician Training during his/her second year of
employment. During the third year the Firefighter must complete the
topic not selected during the second year. The fourth year will
require the satisfactory completion of Fire Prevention
Certification.
B. The Firefighter will have the option at the completion of the
probationary period to complete the subsequent three year
requirements at his/her own pace, as long as all requirements are
completed at the conclusion of the fourth year. A Firefighter, in
completing the requirements, must complete each phase in the order
alluded to in the paragraph above.
C. Firefighter/Paramedics, because of the varied assignments, will be
governed by a revised program. Paramedics will need to complete the
twelve month probationary material within an eighteen month period,
but will complete their probationary period in twelve months, based
on an evaluation completed by their Company Commander and Base
Hospital Emergency Room staff. During the second eighteen month
period, the Paramedic will need to certify as an Engineer. The last
phase of the Career Development program for the Paramedic is Fire
Prevention Certification. The Paramedic will have twelve months in
which to complete the Fire Prevention section of the program.
APPROVED
DATE i_ '--7- ao
N
CITY OF SAN RAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. I
ORGANIZATION
ENGINEER CERTIFICATION PROCESS:
CHAPTER V 1 .Personnel Policies &
Procedure_
SUBJECT 9 Career Development Guide
for Firefighter
CODE 1-V-9 PAGE 3 OF 3 `DATE 1-2-89
A. Upon determination that the Firefighter desires Engineer
Certification, the Company Commander shall submit a written
memorandum to his Platoon commander requesting that the
certification process commence. A copy of the memorandum will be
placed in the member's training file.
B.
Refer to Engineer Certification Policy.
FIRE
PREVENTION CERTIFICATION:
A.
The final phase of the Career Development Guide for
the
Firefighter
is Fire Prevention Certification. Upon completion
of the
first
three phases, the Firefighter may commence with the
fire
prevention
aspects of this Career Development. the purpose of
the
fire
prevention portion of the Career Development Guide
is to
enable the
Firefighter to develop an awareness of the Building
and
Uniform Fire
Code and other fire prevention matter as they relate to
the Company
Inspection Program.
B.
Refer to Fire Prevention Certification Policy.
APPROVED
�
nATF
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San r (Francisco , y,_ A J6 na Eugan■. NR.IL
/ I "az n i,J o X 1 anteca rdror7r. M.ronr
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as IA(t0 urn - -qo 13 I6'I Will L
• La Honda 114, valga . r San Jose A y \ Key A ", I'1' Z ST REC A
Scenic byways designated with black dots on San Clara; 6 `' 130 Patter ,,, Turfoc J6 155
;79 Ric llAnR ' L + r 71 SOn J17
this map have been selected by AAA Road Re- REO,fOOOS 9 „ 17 1 • 1 - -' A A- - MC NRELLSEAIE 1
• r PR` ora. `SANTA Mr.NAAa{roN it qq •RrcARE -p.M-
porters for their unusual interest. rB,g BN,1. t . I LL fm Er Crows Lnd . 5 1e,c,d 59
MORE THANASTATE,Californiaisalsoastate �,� gtdgaA• - -fir iCLARA I/CRoerERrAraRY la ST Aft,{� Delo" 117
Lf A t : i coyote Vinton
of mind; thus; there are almost as man Cali- 2$ • z7 Los Po - fir. t STANISLAUS • a Ingstd
Y All u der Cree
Scutt Gatos , • 101 11 a NERAYIT COE Newman'Slndmm+ 13 1 ;LEAF
fornias as there are Californians. From its cli- _ Be •Eamon Valley v' "T� tti 11rAnLPR. A Atwater
Ma�rana a ♦,J 1t �WM101Rv"af 21 1°o •Merc
mate, -varied topography, last -frontier XMorgan Hill Gu tine /�� ,• x,,,11 k T„
Davenpo Felt r SANTA \San a in IIll ' '� II „'K'{"Rr �',-:•r'ra m� ' e
geographical position and the profligate •, xSoquel ♦,a 15 f ;1 33
wealth of both past and present, over the years • . Aptos e a A 165 �M E R C E D 59 99
A Santa Cru C . LIZ ri, Nelle y� t
California has developed a distinctive style that Caplt la zz Gilroy 30 a valta,6 17
Is evident in art, fashion, cuisine, architecture ,e 152 15 152 ff �- i 10 Los Banos . EI Nida
129 B 101 13 - Station L„„3 .g Red/
and business. Monterey ats n 11 San zs 156 o SANLa6RES , e 165 'z 33 9 Top -"
Within the state are several "countries," Ba It .Aville'J41uan 11
Bay Moss Landing . 8 ^ Sr. AEC. AREA 9 52 t0
9 , Bautist South DOS Pa OS
Bch with a different atmosphere and em ha- I • Hollister A - Dos Palo:
P P SAI/RASMrfRSrefA[Nr 156 108- 156 •LAVfAGA/R. Oairyland
.sis. The Napa Valley north of San Francisco is Castrovilf ,Santa 14 13 EL J/dI fr.
the primary Wine Countrymany wineries of f7 tai Rita �i;++f"oNrrEAR Tres Pinos 33 MA
A �� C"Js1ArfrR• 27
PrPINasMarina r
fer tours. SR 49 between Downieville and Pacific Gravel°rrordr /8,617 ISalin ISA g;�;ne9 14 Frebaugh
MariposatraversestheMotherLodeCountry, AMontele�-?5¢ea•r `
locale of the great vein of oldbearin quartz
Pebble Beacf>` _f , side-
``\/ zo 21
.�_. 1 ... ...___ f Ir• 9. 9 r•_-- _ -- Carmel C1.J pre
l5 ... Mf`J°NNS°N JI v` 30 1 Mercey 13