HomeMy WebLinkAboutCC Resolution 12613 (MOU Fire Chief Officers' Association)RESOLUTION NO. 12613
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS'
ASSOCIATION.
(Three year agreement from July 1, 2008 through June 30, 2011)
WHEREAS, the City of San Rafael and the San Rafael Fire Chief Officers' Association,
herein known as Union, 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 pertaining to the three year period of July
1, 2008 through June 30, 2011 has been executed by duly authorized representatives for both
parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and the Union shall utilize the Memorandum of Understanding for the period
beginning July 1, 2008, attached hereto, as the official document of reference respecting
compensation and working conditions for personnel in the San Rafael Fire Chief Officers'
Association.
Section 2: The schedules describing classes of positions and salary ranges are
attached to said Memorandum of Understanding and, together with the Memorandum of
Understanding itself, are hereby adopted and shall be attached hereto and incorporated in
full.
I, Esther C. Beirne, 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 City
Council of the City of San Rafael, held on Monday, the 20th of October, 2008, by the following
vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
JULY 1, 2008 - JUNE 30, 2011
TABLE OF CONTENTS
1 GENERAL PROVISIONS.............................................................................................................................4
1.1
INTRODUCTION...................................................................................................................................................4
1.1.1
SCOPE OF AGREEMENT..................................................................................................................................4
1.1.2
TERM OF MO U...............................................................................................................................................4
1.2
RECOGNITION.....................................................................................................................................................5
1.2.1
BARGAINING UNIT...........................................................................................................................................5
1.2.2
AVAILABLE COPIES......................................................................................................................................... 5
1. 2.3
CITY RECOGNITION......................................................................................................................................... 5
1.2.4
EMPLOYEEREPRESENTATIVES......................................................................................................................5
1.3
DISCRIMINATION.................................................................................................................................................5
1.3.1
IN GENERAL.................................................................................................................................................... 5
1.3.2
ASSOCIATION DISCRIMINATION......................................................................................................................5
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING.......................................................................................5
1.5
EXISTING LAWS, REGULATIONS & POLICIES....................................................................................................6
1.6
STRIKES & LOCKOUTS.......................................................................................................................................6
1.7
SEVERABILITY....................................................................................................................................................6
1.8
PREVAILING RIGHTS...........................................................................................................................................6
1.9
MANAGEMENT RIGHTS.......................................................................................................................................6
1.10
FULL UNDERSTANDING, MODIFICATION, WAIVER..........................................................................................7
1.10.1
MODIFICATION/WAIVER................................................................................................................................7
1.10.2 EFFECTIVE DATES........................................................................................................................................8
1.10.3 JOINT REPRESENTATION.............................................................................................................................. 8
2 MMBA.................................................................................................................................................................8
2.1
DUES DEDUCTION..............................................................................................................................................8
4.2
2.2
RELEASE TIME...................................................................................................................................................9
4.2.1
3 COMPENSATION...........................................................................................................................................9
3.1
GENERAL WAGES & COMPENSATION...............................................................................................................9
3.1.1
COMPENSATION GOAL & DEFINITIONS...........................................................................................................9
3.1.2
COMPENSATION SURVEYS...........................................................................................................................10
3.2
SALARY STEP INCREASE.................................................................................................................................10
3.3
PAY CHECK DATES..........................................................................................................................................10
3.4
ADDITIONAL PAY..............................................................................................................................................11
3.4.1
EDUCATION INCENTIVE PROGRAM...............................................................................................................11
3.4.2
UNIFORM ALLOWANCE..................................................................................................................................11
3.4.3
BOOT ALLOWANCE.......................................................................................................................................11
4 BENEFITS.......................................................................................................................................................11
RETIREMENT PLANS.....................................................................................................................................14
4.1
JOINT BENEFITS COMMITTEE..........................................................................................................................1
1
4.2
HEALTH & WELFARE.......................................................................................................................................11
4.2.1
HEALTH & DISABILITY INSURANCE...............................................................................................................11
4.2.2
FULL FLEX CAFETERIA PLAN........................................................................................................................11
4.2.3
RETIREE'S HEALTH INSURANCE...................................................................................................................12
4.2.4
CONTRIBUTIONS INTO A RETIREE HRA.......................................................................................................13
4.2.5
DEFERRED COMPENSATION PLAN...............................................................................................................13
4.2.6
FLEXIBLE SPENDING ACCOUNT FOR HEALTH AND DEPENDENT CARE REIMBURSEMENT (125) ................13
4.3
LIFE INSURANCE...............................................................................................................................................13
4.4
DENTAL PLAN..................................................................................................................................................13
4.5
RETIREMENT.....................................................................................................................................................14
4.5.1
CITY PAID EMPLOYEE RETIREMENT.............................................................................................................14
4.5.2
RETIREMENT PLANS.....................................................................................................................................14
4.5.3
PENSION COSTS...........................................................................................................................................14
4.5.4
MEMBER COST OF LIVING RATES................................................................................................................14
5 LEAVES.............................................................................................................................................................14
5.1
SICK LEAVE......................................................................................................................................................14
5.1.1
POLICY STATEMENT.....................................................................................................................................14
5.1.2
ADMINISTRATION OF SICK LEAVE.................................................................................................................15
5.1.3
SICK LEAVE ACCRUAL..................................................................................................................................15
5.1.4
SICK LEAVE SERVICE CREDIT OPTION........................................................................................................ I S
5.1.5
SICK LEAVE PAYOFF.....................................................................................................................................15
5.2
VACATION LEAVE.............................................................................................................................................
16
5.2.1
POLICY STATEMENT.....................................................................................................................................16
5.2.2
RATE OF ACCRUAL.......................................................................................................................................16
5.2.3
ADMINISTRATION OF VACATION LEAVE........................................................................................................17
5.2.4
VACATION ACCRUAL CAP.............................................................................................................................18
5.2.5
ONE-TIME VACATION BUY-DOWN................................................................................................................18
5.2.6
VACATION PAYOFF.......................................................................................................................................19
5.2.7
VACATION CONVERSION...............................................................................................................................19
5.3
HOLIDAYS.........................................................................................................................................................19
5.3.1
DAYS OBSERVED..........................................................................................................................................
19
7.5 HOURS FOR THESE FLOATING HOLIDAYS ARE AUTOMATICALLY ADDED TO AN EMPLOYEES FLOATING HOLIDAY
ACCRUAL ON A SEMI-ANNUAL BASIS............................................................................................................................20
5.3.2
HOLIDAY PAY................................................................................................................................................20
5.4
OTHER LEAVE..................................................................................................................................................20
5.4.1
ADMINISTRATIVE LEAVE................................................................................................................................20
5.4.2
BEREAVEMENT LEAVE..................................................................................................................................20
5.4.3
JURY DUTY....................................................................................................................................................20
5.4.4
WORKERS COMPENSATION LEAVE..............................................................................................................21
5.4.5
MILITARY LEAVE...........................................................................................................................................21
5.4.6
LEAVE OF ABSENCES WITHOUT PAY...........................................................................................................21
5.4.7
FAMILY MEDICAL LEAVE...............................................................................................................................21
5.4.8
CATASTROPHIC LEAVE.................................................................................................................................21
5.4.9
ABSENCE WITHOUT AUTHORIZED LEAVE.....................................................................................................21
6 TERMS & CONDITIONS OF EMPLOYMENT...................................................................................21
6.1
WORK WEEK....................................................................................................................................................22
6.2
HOURLY RATE..................................................................................................................................................22
6.3
OVERTIME.........................................................................................................................................................22
6.4
SPECIALTY ASSIGNMENT.................................................................................................................................22
6.5
SELECTION.......................................................................................................................................................23
6.5.1
SELECTION PROCESS...................................................................................................................................23
6.5.2
REFERRAL PROCESS....................................................................................................................................23
6.5.3
BATTALION CHIEF QUALIFICATIONS.............................................................................................................23
6.6
PROBATIONARY PERIOD..................................................................................................................................23
6.6.1
PURPOSE OF PROBATION.............................................................................................................................23
6.6.2
LENGTH OF PROBATIONARY PERIOD...........................................................................................................23
6.6.3
REJECTION DURING PROBATION..................................................................................................................23
6.6.4
EXTENSION OF PROBATIONARY PERIOD......................................................................................................23
6.6.5
NOTIFICATION OF EXTENSION OR REJECTION.............................................................................................24
6.6.6
REGULAR STATUS........................................................................................................................................24
6.6.7
PROMOTION OF PROBATIONARY EMPLOYEE...............................................................................................24
6.6.8
UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION.........................................................................24
6.7
PERSONNEL RULES & REGULATIONS.............................................................................................................24
6.7.1
DRUG & ALCOHOL POLICY...........................................................................................................................24
6.7.2
OUTSIDE EMPLOYMENT POLICY...................................................................................................................24
ASSOCIATION MEMBERS SHALL ABIDE BY CITY'S POLICY DATED .LUNE 27, 2007 .....................................................24
6.7.3
TEMPORARY LIGHT (MODIFIED) DUTY POLICY STATEMENT.......................................................................24
6.7.4
NO SMOKING/TOBACCO USE POLICY..........................................................................................................24
6.7.5
MEDICAL STANDARDS...................................................................................................................................25
6.8
MISCELLANEOUS..............................................................................................................................................25
6.8.1
RETURN OF CITY EQUIPMENT......................................................................................................................25
6.8.2
POLITICAL ACTIVITY......................................................................................................................................25
6.8.3
STAFFING LEVELS.........................................................................................................................................25
6.8.4
CAREER DEVELOPMENT PROGRAM.............................................................................................................25
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7 PROCEDURES...............................................................................................................................................25
7.1
DEMOTION & SUSPENSION..............................................................................................................................25
7. 1.1
DEMOTION.....................................................................................................................................................25
7.1.2
SUSPENSION.................................................................................................................................................26
7.2
TERMINATION OF EMPLOYMENT......................................................................................................................26
7.2.1
RESIGNATION................................................................................................................................................26
7.2.2
TERMINATION/DEMOTION - LACK OF WORK OR FUNDS...............................................................................26
7.2.3
TERMINATION - DISCIPLINARY REASONS.....................................................................................................26
7.2.4
TERMINATION - PROBATION..........................................................................................................................26
7.2.5
RETIREMENT.................................................................................................................................................26
7.3
DISCIPLINARY ACTION.....................................................................................................................................27
7.3.1
AUTHORITY...................................................................................................................................................27
7.3.2
DEFINITION....................................................................................................................................................27
7.3.3
CAUSES FOR DISCIPLINARY ACTION............................................................................................................27
7.3.4
APPEALS.......................................................................................................................................................28
7.3.4.1
PROCEEDING HEARD BY CITY MANAGER.................................................................................................28
7.3.5
CITY MANAGER AND ARBITRATION...............................................................................................................28
7.4
GRIEVANCE PROCEDURE.................................................................................................................................28
7.4.1
DEFINITION....................................................................................................................................................28
7.4.2
INITIAL DISCUSSION......................................................................................................................................29
7.4.3
REFERRAL TO CITY MANAGER.....................................................................................................................29
7.4.4
CITY MANAGER AND ARBITRATION...............................................................................................................29
7.5
FURLOUGH PROGRAM.....................................................................................................................................29
7.6
REDUCTION IN FORCE......................................................................................................................................29
7.6.1
AUTHORITY...................................................................................................................................................29
7.6.2
NOTICE..........................................................................................................................................................30
7.6.3
ORDER OF LAYOFF.......................................................................................................................................30
7.6.4
SENIORITY .....................................................................................................................................................30
7.6.5
BUMPING RIGHTS.........................................................................................................................................30
7.6.6
TRANSFER RIGHTS.......................................................................................................................................30
7.7
RE-EMPLOYMENT.............................................................................................................................................31
7.7.1
GENERAL GUIDELINES..................................................................................................................................31
7.7.2
RIGHT TO RE-EMPLOYMENT.........................................................................................................................31
7.7.3
TIME LIMITS...................................................................................................................................................31
7.7.4
AVAILABILITY.................................................................................................................................................31
7.7.5
PROBATIONARY STATUS...............................................................................................................................31
7.7.6
RESTORATION OF BENEFITS.........................................................................................................................31
LIST OF EXHIBITS
Exhibit A Salary Schedule 07/01/08
Exhibit B Salary Schedule 07/01/09
Exhibit C Salary Schedule 07/01/10
Exhibit D Furlough Plan
Exhibit E Firefighters' Bill of Rights Memorandum
Memorandum of Understanding
between
City of San Rafael
and
San Rafael Fire Chief Officers' Association
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-
Brown Act (Section 3500, et seq. the Government Code of the State of California).
The San Rafael Fire Chief Officers' Association and representatives of the City of San
Rafael have met and conferred in good faith regarding wages, hours and other terms
and conditions of employment of employees in said representative unit, and have freely
exchanged information, opinions and proposals, and have reached an agreement on all
matters relating to the employment conditions and the employer-employee relations of
such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of
San Rafael as the joint recommendation of the undersigned for salary and employee
benefit adjustments for the period commencing July 1, 2008 and ending June 30, 2011.
When ratified by the City Council, this Memorandum of Understanding shall be binding
upon the San Rafael Fire Chief Officers' Association, the employees it represents, and
the City of San Rafael.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually
agreed upon by the designated bargaining representatives of the City of San Rafael
(herein -after called "CITY") and the San Rafael Fire Chief Officers' Association (herein-
after called "ASSOCIATION") and shall apply to all employees of the City working in the
classifications and bargaining unit set forth as follows:
a. Administrative Chief/Fire Division Chief
b. Battalion Chief
In accepting employment with the City of San Rafael, each employee agrees to be
governed by and to comply with the City's Personnel Ordinance, City's Personnel Rules
and Regulations, City's Employer -Employee Resolution, City's Administrative
Procedures, and Fire Department Rules and Regulations, General Orders and
Procedures.
1.1.2 Term of MOU
This agreement shall be in effect from July 1, 2008 through June 30, 2011.
0
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Association as the bargaining representative for purpose of
establishing salaries, hours, fringe benefits and working conditions for all employees
within the San Rafael Fire Chief Officers' Association Bargaining Unit which includes the
following:
a. Administrative Chief/Fire Division Chief
b. Battalion Chief
1.2.2 Available Copies
Both the City and the Association agree to keep duplicate originals of this agreement on
file in a readily accessible location available for inspection by any City employee, or
member of the public, upon request.
1.2.3 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. 12189 adopted by the City Council on February
5, 2007.
1.2.4 Employee Representatives
The Association shall, by written notice to the City Manager, designate certain of its
members as Employee Representatives.
1.3 DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate
against any person whatsoever because of race, color, age, religion, ancestry, national
origin, sex, sexual preference, marital status, medical condition or disability.
Any employee who believes they are being discriminated against should refer to the
City of San Rafael's Harassment Policy for the process of receiving an internal
administrative review of their complaint. This administrative procedure shall be used as
the internal complaint procedure in lieu of the grievance procedure outlined in this MOU.
1.3.2 Association Discrimination
No member, official, or representative of the Association shall, in any way suffer any
type of discrimination in connection with continued employment, promotion, or otherwise
by virtue of membership in or representation of Association.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
0
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.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This Memorandum is subject to all applicable laws.
1.6 STRIKES & 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.
1.7 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.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been
adopted through rules, regulations, ordinances or resolutions, which are not specifically
superseded by the M.O.U., shall remain in full force and effect throughout the term of
this Agreement.
1.9 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.
2
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, the Firefighters Procedural Bill of Rights, and
this Memorandum of Understanding.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary reasons
in accordance with this Memorandum of Understanding and the City's Rules
and Regulations.
15. To determine policies, procedure and standards for selection, training and
promotion of employees.
16. To establish employee performance standards including but not limited to,
quality and quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the mission of the City in
emergencies.
The City and Association agree and understand that if, in the exercise of any of the
rights set forth above, the effect of said exercise of rights by the City impacts an area
within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law
interpreting said acts, and/or Federal law, the City shall have the duty to meet and
confer with the Association regarding the impact of its decision/exercise of rights.
1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.10.1 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
7
scope of meeting and conferring for a proposed Memorandum of Understanding
between the parties to be effective on or after July 1, 2011.
1. 10.2 Effective Dates
This Agreement will be in effect from July 1, 2008 through June 30, 20011. 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.
1.10.3 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.
2 MMBA
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 earnings:
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.
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.
3 COMPENSATION
3.1 GENERAL WAGES He COMPENSATION
See Exhibit A -C for salary tables. Bargaining unit employees shall receive salary
increases in base salary as outlined below:
Fire Battalion Chief 5.00% 3.00% 3.00%
Fire Division Chief 3.00% N/A N/A
Effective July 1, 2008, the Administrative Chief Officer salary will be set at 5% above the
Fire Battalion Chief salary (see Exhibit A).
Effective July 1, 2008 -January 1, 2010, $208.50 per month for each employee will be
put into a deferred compensation plan.
Effective July 1, 2009, the Fire Division Chief will be reclassified to a Fire Battalion
Chief.
3.1.1 Compensation Goal & Definitions
It is the goal of the City Council to try to achieve a total compensation package for all
employees represented by the Association in an amount equal to the following:
1. The average, plus one dollar, of the total compensation paid to the same or
similar classifications in the following ten (10) cities/districts: Alameda,
9
Alameda County, Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa,
Southern Marin Fire District, and South San Francisco, Vallejo; and,
2. The highest total compensation paid to the same or similar classifications in
agencies in Marin County.
Total Compensation for survey purposes shall be defined as: Top step salary
(excluding longevity pay steps), educational incentive pay, holiday pay, uniform
allowance, employer paid deferred compensation (except for such portion that may be
part of employee cafeteria plan), employer's contribution towards employees' share of
retirement, employer's retirement contribution, employer paid contributions toward
insurance premiums for health, life, long term disability, dental and vision plans, and
employer paid cafeteria/flexible spending accounts.
3.1.2 Compensation Surveys
To measure progress towards the above -stated goal, the City and the Association will
jointly survey the benchmark position of Battalion Chief in September of the final year of
the contract.
Identified benchmark positions from other agencies include positions that are filled as
well as those that may be unfilled, so long as the benchmark position is identified by the
survey agency as being on the salary schedule and having a job class description.
Other city/agency positions are established as benchmark positions in San Rafael's
compensation survey based upon similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total
compensation', in place or to be effective no later than September 1 of that same year,
for the purpose of measuring progress towards the goal. The City and the Association
shall review the benchmark and related survey data for accuracy and completeness.
3.2 SALARY STEP INCREASE
An employee shall be considered for a step increase annually until the top step has
been reached. Advancement to a higher salary within a salary step schedule may be
granted for continued satisfactory service by the employee in the performance of his/her
duties. Salary step advancement shall be made only upon the recommendation of the
Fire Chief, with the approval of the City Manager or his/her designee, and are not
automatic, but based on documented, acceptable work performance. Accelerated
salary step increases may be granted an employee based upon the recommendation of
the Fire Chief and approval of the City Manager for exceptional job performance.
Employees shall be evaluated annually based on the evaluation program adopted by
the City Council in October of 1996 and incorporated by reference herein.
3.3 PAY CHECK DATES
City employees are paid twice per month on the 15th and the last working day of the
month. When a pay day falls on a holiday, the pay day will be transferred to the
following day of regular business unless the Finance Office is able to complete the
payroll by the previous work day. The method of distributing the payroll shall be
established by the Finance Director.
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3.4 ADDITIONAL PAY
3.4.1 Education Incentive Program
The Educational Incentive for all employees represented by this Association is included
in the base salary.
3.4.2 Uniform Allowance
Uniform members of the Fire Department, represented by this Association, shall receive
a uniform allowance in the amount of $450.00 at the completion of each six months of
service ending June 1St and December 1St. A pro -ration at the rate of $75.00 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.
3.4.3 Boot Allowance
Uniform members of the Fire Department, represented by this Association, shall be
entitled to a maximum of $160 every two fiscal years for a boot allowance. The
employee is responsible for purchasing safety boots and submitting a receipt for
reimbursement. The boots must be purchased for City use only and must adhere to
safety requirements.
4 BENEFITS
4.1 JOINT BENEFITS COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for on-going
review of benefit programs, cost containment, and cost savings options. The committee
shall include representatives from all bargaining groups.
4.2 HEALTH & WELFARE
4.2.1 Health & Disability Insurance
The following applies through December 31, 2009:
a. The monthly contribution by the City towards the cost of each eligible employee's
Health, Accident, Life and Disability insurance premiums is $557.00/month.
b. Members of the Chief Officers Association may choose to subscribe to a long
term disability (LTD) plan other than that offered by the City, with prior
authorization of the Human Resources Director, as long as there is no cost to the
City.
c. Employees in this bargaining unit who retire from the Marin County Retirement
System within 120 days of leaving their City of San Rafael position (no deferred
retirement) are eligible to continue in the City's group health insurance program
and receive a City contribution toward their group health insurance premium of
$557 per month.
4.2.2 Full Flex Cafeteria Plan
[I]
Effective January 1, 2010 the City shall implement a full flex cafeteria plan for active
employees in accordance with IRS Code Section 125. Active employees shall receive a
monthly flex dollar allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance effective January 1, 2010 shall be $765.50 which
includes the California Public Employees' Medical and Hospital Care Act (PEMHCA)
contribution hereby referred to as the PEMHCA minimum contribution for an Employee,
an Employee & One Dependent or an Employee & Two or More Dependents.
The monthly flex dollar allowance may be used in accordance with the terms of the
cafeteria plan to purchase benefits such as medical, dental, vision, life and disability
insurance coverage, taking flex dollars in the form of cash to contribute to a deferred
compensation (457) plan, or any other benefits the City may offer from time to time, or
may be converted to taxable income.
If an employee has health insurance coverage through a spouse/dependent or a former
employer and provides proof of this coverage to the Human Resources Department, the
employee may elect to waive the City's health insurance coverage and elect to use flex
dollars in accordance with the terms of the cafeteria plan.
4.2.3 Retiree's Health Insurance
Employees represented by the Association who retire from the Marin County Retirement
System, subject to Marin County Employee Retirement Association procedures and
regulations and applicable 1937 Act laws that govern such plans, are eligible to
continue in the City's retiree group health insurance program offered through PEMHCA.
The City's contribution towards retiree coverage shall be the PEMHCA minimum
contribution as determined by CaIPERS on an annual basis.
A. Longevity Payment for Employees hired on or before January 1, 2010
The City shall make a monthly longevity payment into a Retiree Healthcare
Reimbursement Trust (Retiree HRA Trust) on behalf of employees hired before
January 1, 2010 and who retire from the City of San Rafael as described in this
Section.
The City's monthly contribution to the Retiree HRA trust shall be the difference
between the premium cost of coverage for any two party rate minus the
PEMHCA minimum contribution. The City's total payment (PEMHCA minimum
contribution plus cost of retiree premiums) shall not exceed $557 per month. The
City's contribution towards a retiree's Retiree HRA Trust account shall continue
for the lifetime of the retiree and retiree's spouse, in accordance with PEMHCA
eligibility provisions for coverage.
B. Employees hired by the City on or after January 1, 2010 and who meet the
eligibility requirements for retiree health insurance are eligible to continue in the
City's group health insurance program. The City's maximum contribution
towards retiree coverage under this subsection shall be the PEMHCA minimum
contribution as determined by CalPERS on an annual basis. The City shall not be
responsible for making any contributions towards the cost of coverage of the
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retiree's spouse, registered domestic partner, or dependents upon the
employee's retirement from the City.
4.2.4 Contributions into a Retiree HRA
For employees hired after January 1, 2010, the City shall contribute 2% of top step
Firefighter salary into a Retiree HRA and the employee shall also contribute 2% of top
step Firefighter salary into the same account. In the event an employee's salary is not
sufficient to contribute the 2%, no City or employee contribution will be made until such
time as the salary is able to make the contribution.
This contribution will occur each pay period beginning the month after the employee has
been hired and will be open for negotiations at the end of the term of this contract.
4.2.5 Deferred Compensation Plan
Over the course of this Agreement, the City will provide up to two deferred
compensation plan providers, as allowed under the Internal Revenue Code Section 457.
Participation in a plan is voluntary and the administrative fees to participate in the plan
are the responsibility of employees.
4.2.6 Flexible Spending Account for Health and Dependent Care Reimbursement
(125)
The City will continue to offer a Section 125 Plan pursuant to the IRS Code.
City shall establish annual enrollment period for the Section 125 Plan and each
employee must re -enroll if he/she wishes to participate in the Section 125 Plan for the
following calendar year. City shall have the authority to implement changes to the 125
Programs to comply with changes in applicable IRS laws without having to go through
the meet and confer process but agrees to coordinate all changes through the
Employee Benefits Committee.
4.3 LIFE INSURANCE
The City will pay the full premium cost for enrollment in the group term insurance plans
for employees represented by this bargaining unit. The basic plan provides $5,000
worth of group term life insurance; the supplemental plan provides a group term life
insurance policy equal to one times the employees' base annual salary.
4.4 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 per person, with a $75
deductible limit per family; and orthodontic care (50/50 cost sharing).
B. The dental plan shall provide for an 80/20 cost sharing for basic services such
as casts, crowns and restorations. Major services such as bridgework and
dentures are covered using a 50/50 cost sharing formula.
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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. The City will add the full cost of the dental premium as a paid
benefit by the City to the Full Flex Cafeteria Plan enrollment form.
D. The calendar year benefit for each eligible, enrolled member is $1,500 per
calendar year. Orthodontic benefits remain unchanged, and are limited to
those dependents up to the age of 19 and subject to a $1,000 per person, per
lifetime benefit.
4.5 RETIREMENT
4.5.1 City Paid Employee Retirement
Bargaining unit members shall pay the full share of the employee's contribution to the
Marin County Retirement System.
Employees represented by this bargaining group who retire from the City of San Rafael
within 120 days of leaving City employment (excludes deferred retirements), shall
receive employment service credit for retirement purposes only, for all hours of accrued,
unused sick leave (exclusive of any sick leave hours they are eligible to receive and
they elect to receive in compensation for at the time of retirement, pursuant to 5.1.2. of
this M.O.U.).
4.5.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 3% at 55
retirement program to all safety members, as defined under the 1937 Act Government
Code Section 31664, subject to Marin County Employee Retirement Association
procedures and regulations and applicable 1937 Act laws that govern such plans.
4.5.3 Pension Costs
Within the period covered by this MOU, representatives of the City and the Chief
Officers Association will explore options to reduce pension costs. Recommendations
that result from this process will be addressed in the meet and confer process as
appropriate.
4.5.4 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as
allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Safety member
contribution rates include both the basic and COLA portions (50% of COLA is charged
to members as defined in the 1937 Act).
5 LEAVES
5.1 SICK LEAVE
5.1.1 Policy Statement
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Each employee represented by this Association shall be eligible to accrue sick leave
benefits. Employees may use accrued sick leave, if necessary, during their
probationary period. Sick leave shall not be considered as a privilege, which an
employee may use at his/her discretion, but shall be allowed only in case of necessity
and actual sickness or disability.
5.1.2 Administration of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval
of the Fire Chief for the following purposes: Personal illness or illness within the
immediate family (immediate family is defined as employee's spouse, dependent
children and/or employee's parents, not in-laws) or physical incapacity resulting from
causes beyond the employee's control; or Enforced quarantine of the employee in
accordance with community health regulations. Except that an employee may not use
sick leave for a work related injury and/or illness once said employee has been
determined permanent and stationary.
The employee is required to notify the Fire Chief according to department rules and
regulations at the beginning of his/her workday if said employee will be absent under
the provisions of sick leave. Every employee who is absent from his/her duties for two
(2) consecutive days, under the provisions of sick leave, shall file with the Human
Resources Director, if so requested, a verification in the form of a physician's certificate
or the employee's personal affidavit, verifying the employee's eligibility for sick leave.
The inability or refusal by said employee to furnish the requested information, as herein
required, shall constitute good and sufficient cause for disciplinary action, up to and
including dismissal.
In recognition of exempt status from FLSA, time off for Sick leave purposes shall not be
deducted from employee's accrual unless the employee is absent for the full workday.
5.1.3 Sick Leave Accrual
Represented employees working a 56 hour work week shall earn sick leave credits at
the rate of twelve (12) hours pet month. Represented employees working a 37.5 hour
work week shall earn sick leave credits at the rate of 7.5 hours per month.
Accrual of sick leave for usage purposes is unlimited. The maximum accrual limits for
sick leave payoff purposes are 1,200 hours for employees working a 37.5 hour work
week and 1,680 hours for employees working a 56 hour work week.
5.1.4 Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of San
Rafael on or after February 1, 2007 and within 120 days of leaving City employment
(excludes deferred retirement) shall receive employment service credit, for retirement
purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave
hours said employee is eligible to receive and elects to receive in compensation at the
time of retirement, pursuant to Section 5.1.5 — Sick Leave Payoff).
5.1.5 Sick Leave Payoff
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Employees who leave City service in good standing shall receive compensation (cash
in) of all accumulated, unused sick leave based upon the rate of three percent (3%) for
each year of service up to a maximum of fifty percent (50%) of their sick leave balance.
Sick leave payoff would be subject to a maximum of 600 hours for 37.5 hour per week
employees and 840 hours for 56 hour per week employees, subject to the 3% per year
formula noted above. In the event of the death of an employee, payment for unused
sick leave based upon the previously stated formula shall be paid to the employee's
designated beneficiary.
5.2 VACATION LEAVE
5.2.1 Policy Statement
Each employee represented by this Association shall be eligible to accrue vacation
leave benefits. Employees shall be eligible to use accrued vacation leave after six (6)
months of employment, subject to the approval of the Fire Chief.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full time
employee (part time regular are prorated) shall accrue vacation at the following rate for
continuous service:
For 37.5 hour per week employees
YEARS OF
ACCRUAL PER
ACCRUAL PER
SERVICE
YEAR
PAY PERIOD
1 — 5 Years
15 days or
4.69 hours
112.5 hours
6 Years
16 days or
5.00 hours
120 hours
7 Years
17 days or
5.31 hours
127.5 hours
8 Years
18 days or
5.63 hours
135 hours
9 Years
19 days or
5.94 hours
142.5 hours
10 Years
20 days or
6.25 hours
150 hours
11 Years
21 days or
6.56 hours
157.5 hours
12 Years
22 days or
6.88 hours
165 hours
13 Years
23 days or
7.19 hours
172.5 hours
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14 Years 24 days or 7.5 hours
180 hours
15+ Years 25 days or 7.81 hours
187.5 hours
For 56 hour per week employees
YEARS OF
ACCRUAL PER
ACCRUAL PER
SERVICE
YEAR
PAY PERIOD
1 — 5 Years
7.5 shifts or
7.5 hours
180 hours
6 Years
8 shifts or
8 hours
192 hours
7 Years
8.5 shifts or
8.5 hours
204 hours
8 Years
9 shifts or
9 hours
216 hours
9 Years
9.5 shifts or
9.5 hours
228 hours
10 Years
10.0 shifts or
10 hours
240 hours
11 Years
10.5 shifts or
10.5 hours
252 hours
12 Years
11 shifts or
11 hours
264 hours
13 Years
11.5 shifts or
11.5 hours
276 hours
14 Years
12 shifts or
12 hours
288 hours
15+ Years
12.5 shifts or
12.5 hours
300 hours
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Fire Chief, may advance vacation
credits to any eligible employee, except that if the employee leaves City employment
before accruing the used vacation leave said employee will reimburse the City for the
advanced vacation leave.
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In recognition of exempt status from FLSA, time off for vacation leave purposes shall
not be deducted from the employee's accrual unless the employee is absent for the full
work day.
The time at which an employee may use his/her accrued vacation leave and the amount
to be taken at any one time, shall be determined by the Fire Chief with particular regard
for the needs of the City, but also, insofar as possible, considering the wishes of the
employee.
In the event that one or more City holidays falls within an annual vacation leave, such
holidays shall not be charged as vacation leave, unless the employee is on a schedule
to be paid for designated holidays in lieu of days off.
5.2.4 Vacation Accrual Cap
At any time during each calendar year employees will be limited (capped) in the number
of vacation hours they can accrue.
No employee may accrue more than 250 hours for 37.5 hour per week employees and
396 hours for 56 hour per week employees. Vacation accruals will resume once the
employee's accumulated vacation balance falls below the allowable cap limit.
Employees may, for special situations (i.e., extended medical leave) request an
increase in their cap. Each request would need to be in writing, submitted through the
department, and receive the approval of the Fire Chief and the City Manager. Such
requests would be reviewed on a case-by-case basis and would be evaluated based on
the reason for the request and be consistent with the provisions of the MOU. This
additional vacation accrual could not exceed one-half of the employee's regular annual
vacation accrual. In no case would the addition of vacation accrual over the cap be
extended beyond one additional year.
If an employee exceeds the accrued vacation balance (cap) as a result of being on
extended leave pursuant to Labor Code Section 4850, those accrued hours would be
carried forward and the employee would be allowed to use the additional accrued hours
without penalty. In no event will an employee have their vacation hours reduced as a
result of exceeding the cap due to having been off on Labor Code 4850 time as a result
of an industrial injury, if the time off due to an industrial injury prevented them from
taking scheduled vacation.
5.2.5 One -Time Vacation Buy -Down
As of December 31, 2006, the City will require a one time vacation buy -down for those
employees whose vacation accrual is above 225 hours for 37.5 hour a week employees
and 357 hours for 56 hour a week employees. This one time buy -down will bring
employees under the vacation cap as defined in Section 5.2.4 allowing for additional
accrual time. This one time payment was made with the second pay check in February
2007, unless the value of the cash -in was greater than $10,000. If the value of the
cash -in was greater than $10,000, the City shall pay the vacation cash -in over a five
year period, on the second paycheck in February each year. The value of the payment
each year will be calculated as one-fifth of the vacation hours over 357 (for 56 hour
week employees) or over 225 (for 37.5 hour employees) multiplied by the employee's
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current rate of pay in the year of the payout. Employees who have a balance remaining
for cash -in and who retire or terminate employment with the City of San Rafael, or upon
the employee's death, will receive payment for the balance of the cash -in value as part
of the employee's final compensation. Cash -in payments will not affect the employee's
ability to participate in the Vacation Conversion per Section 5.2.7.
5.2.6 Vacation Payoff
Upon termination of employment by resignation, retirement, or death, employees who
leave the municipal service in good standing shall receive compensation of all accrued
unused vacation leave earned prior to the effective date of leaving their City position. In
the event of the death of an employee, payment for unused vacation leave shall be paid
to the employee's designated beneficiary.
5.2.7 Vacation Conversion
An employee is eligible to request a conversion of vacation time to a cash payment one
time in any fiscal year in accordance with the following:
1. A 37.5 hour per week employee who has taken at least eight (8) days of
vacation in the preceding twelve (12) months and has accrued vacation during
that time may request up to ten (10) days of vacation conversion.
2. A 56 hour per week employee who has taken at least four (4) shifts of vacation
in the preceding twelve (12) months and has accrued vacation during that time
may request up to five (5) shifts of vacation conversion.
Such requests may be granted at the discretion of the City Manager.
5.3 HOLIDAYS
5.3.1 Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the
following holidays:
New Year's Day
Martin Luther King Day
Washington's Birthday*
Lincoln's Birthday*
Cesar Chavez Day
Memorial Day
Independence Day
Notes:
Labor Day
Admission Day**
Veteran's Day
Thanksgiving Day
Day after
Thanksgiving
Christmas
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Tor employees working a 37.5 hour work week, Washington's and Lincoln's birthdays
are combined as President's Day; with that said, employees shall receive one floating
holiday.
**A floating holiday is provided in lieu of Admission's Day off.
7.5 hours for these floating holidays are automatically added to an employee's Floating
Holiday accrual on a semi-annual basis.
5.3.2 Holiday Pay
All 56 hour a week shift employees represented by this Association are entitled to
additional straight time compensation for every holiday given 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).
5.4 OTHER LEAVE
5.4.1 Administrative Leave
Represented employees working a 37.5 hour work week shall receive seven (7)
Administrative Leave days (52.5 hours) each calendar year (56 hour work week
represented employees shall receive 3.5 shifts [84 hours]) subject to the approval of the
department head. An additional three (3) days (22.5 hours) for 37.5 hour employees
and 1.5 shifts (36 hours) for 56 hour employees may be granted at the discretion and
with the approval of the department head and the City Manager. Unused Administrative
Leave does not carry over from one calendar year to the next, nor are unused balances
paid off upon an employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes
shall not be deducted from employee accrual, unless the employee is absent for the full
workday.
5.4.2 Bereavement Leave
In the event of the death of an employee's spouse, child, parent, brother, sister, in-
law(s), relative who lives or has lived in the home of the employee to such an extent that
the relative was considered a member of the immediate family and/or another individual
who has a legal familial relationship to the employee and resided in the employee's
household, up to three (3) days for 37.5 hour per week represented employees (2 shifts
for 56 hour per week employees) of bereavement leave within the state and up to five
(5) days for 37.5 hour per week represented employees (2 shifts for 56 hour per week
employees) of out of state bereavement leave may be granted to attend the funeral.
In those cases where the death involves an individual who had such a relationship with
the employees, as defined above, the employee shall sign a simple affidavit describing
the relationship and submit this to the Fire Chief as part of the request for bereavement
leave.
5.4.3 Jury Duty
pill
Employees required to report to jury duty shall be granted a leave of absence with pay
from their assigned duty until released by the court. The employee shall notify his/her
employer in advance when summoned for jury duty. If the employee is a shift employee
and is selected to serve on a jury, said employee shall not be required to perform duty
during non -court hours until released by the court.
5.4.4 Workers Compensation Leave
Safety employees shall be governed by the provisions of Section 4850, et seq. of the
Labor Code. Non safety employees shall be governed by applicable state law and City
Rules and Regulations. Refer to Section 5.1.2 for qualifications regarding use of
accrued sick leave.
5.4.5 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.
5.4.6 Leave of Absences Without Pay
Leave of absences without pay (for non-medical reasons which are covered by Section
5.4.7.) may be granted in cases of emergency or where such absence would not be
contrary to the best interest of the City. Such leave so granted is not a right but an
authorized privilege. Employees on authorized leave of absence without pay may not
extend such leave without the expressed approval of the Appointing Authority. All other
applicable leaves must be exhausted and no vacation, sick leave, or any other paid
benefit shall be accrued or used during such leave. The Fire Chief, as Appointing
Authority, may grant up to 30 days of leave without pay depending upon the merit of the
case. Any leave without pay in excess of 30 days may only be granted upon the
recommendation of the Fire Chief and approval of the City Manager and may not
exceed a total of six months.
5.4.7 Family Medical Leave
Such leave shall be in accordance with applicable State and Federal law.
5.4.8 Catastrophic Leave
Association members shall abide by City Policy.
5.4.9 Absence Without Authorized Leave
An unauthorized absence of an employee for three consecutive work days may result in
an investigation as to the circumstances of the situation and disciplinary action up to
and including termination, if warranted.
6 TERMS & CONDITIONS OF EMPLOYMENT
21
6.1 WORK WEEK
The established work week for suppression employees covered by this Memorandum of
Understanding shall consist of a fifty-six (56) hour workweek 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. A set shall be
defined as two twenty-four hour shifts worked consecutively.
Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour
shifts within a twenty-four (24) day cycle as listed below (commonly referred to as the "2
X 4" schedule):
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XX0000/XX0000/XX0000/XX0000
Should a set fall on December 24th and 25th in any one calendar year, the shifts will
revert to the Christmas Holiday schedule. (For example, December 22-C, December
23-C, December 24-A, December 25-A would be converted to December 22-C.
December 23-A, December 24-C, December 25-A).
The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees
should notify the Fire Department administration that sick leave use is needed
according to current policy and before each 24-hour shift.
The established workweek for 37.5 hour employees shall be negotiable between the
Employee and the Fire Chief, with the final schedule determined by the Fire Chiefs
approval.
6.2 HOURLY RATE
The hourly rate for personnel covered by this MOU shall be based on 1950 annual work
hours for represented job classes working a 37.5 hour work week and 2912 annual work
hours for represented job classes working a 56 hour work week.
6.3 OVERTIME
Employees in the FLSA exempt classifications of Administrative Chief/Fire Division
Chief or Battalion Chief will be paid overtime for additional days authorized and worked
in excess of their regular work week schedule provided that:
1. The employee is assigned to overtime relief duty as shift commander, Strike
Team Leader, or other authorized emergency overhead assignment; and
2. The Fire Chief has authorized the overtime work in writing and in advance of
the performance of the work. The overtime authorized in this section will be
paid at time and one half of the 56 -hour rate, regardless of whether the
employee normally works a 37.5 hour or 56 hour schedule.
6.4 SPECIALTY ASSIGNMENT
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If through mutual agreement with the Fire Chief operations personnel are assigned to
the 37 Y2 -hour work schedule, as opposed to the 56 -hour schedule, for assignments
such as training, fire prevention, or other administrative functions, such employee shall
receive five percent (5%) premium pay. The length of the assignment shall be based on
mutual agreement between the employee and the Fire Chief.
6.5 SELECTION
6.5.1 Selection Process
The City's Human Resources Department shall be responsible for the administration of
all recruitments.
6.5.2 Referral Process
All qualified candidates, based upon competitive examination, shall be placed on the
Eligibility List for the appropriate job classification. The Fire Chief shall have the
authority of "the Rule of the List" and all candidates on a current Eligibility List shall be
eligible for referral to the Fire Chief for final selection.
6.5.3 Battalion Chief Qualifications
In addition to other qualifications described in the Fire Department's Career
Development Guide, qualifications for candidates for Chief Officers positions
represented by this Association in the Fire Department will include three (3) years of line
captain experience or two (2) years of line captain experience if appointed to an acting
assignment.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
Each employee shall serve a period of probation beginning on the date of initial
appointment to their position. The purpose of probation shall be to determine the
employee's ability to perform satisfactorily the duties prescribed for the position, prior to
the employee entering regular status.
6.6.2 Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve
(12) months.
6.6.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Fire
Chief without the right of appeal.
6.6.4 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or
injury or compelling personal situation during which time the employee was unable to
work. In such cases, the probationary period may be extended for the length of time the
ill or injured employee was unable to work.
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6.6.5 Notification of Extension or Rejection
On determining that a probationary employee's work is not satisfactory, the Fire Chief
shall notify the Human Resources Director in writing of his/her intention to extend the
employee's probationary period or reject the employee. After discussion with the
Human Resources Director, the Fire Chief shall notify the employee in writing of his/her
extension or rejection.
6.6.6 Regular Status
For the purpose of this agreement, regular status shall mean; full time, non -probationary
status. Regular status shall commence with the day following the expiration date of a
probationary period.
6.6.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher
position classification provided he/she is certified from the appropriate Eligible List. The
employee promoted in this manner shall serve a new probationary period for the
position to which the employee is promoted and the new probationary period and
promotional appointment shall be effective the same date.
6.6.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period
shall be reinstated to the position in which the employee held regular status prior to
his/her promotion and all previous rights and privileges restored. Provided, however,
that if the cause for not passing the promotional probationary period is sufficient
grounds for dismissal, the employee shall be subject to dismissal without reinstated to
the lower position. If the employee has completed the probationary period in the prior
classification and the employee is subject to dismissal without reinstatement, the
employee has the opportunity to appeal pursuant to the provisions of the Firefighters
Procedural Bill of Rights Act and this Memorandum of Understanding.
6.7 PERSONNEL RULES & REGULATIONS
6.7.1 Drug & Alcohol Policy
SRFCOA agree to adhere to the Drug and Alcohol Policy as outlined in the San Rafael
Firefighters' Association contract.
6.7.2 Outside Employment Policy
Association members shall abide by City's policy dated June 27, 2007.
6.7.3 Temporary Light (Modified) Duty Policy Statement
SRFCOA agrees to follow the City of San Rafael's Modified Light Duty Work Policy
dated June 6, 2008.
6.7.4 No Smoking/Tobacco Use Policy
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Employees hired by the City of San Rafael after 7/1/08 are required to sign a condition
of employment statement that they agree not to smoke or use tobacco products of any
kind while employed by the City of San Rafael. This signature must be obtained prior to
the date of hire.
Employees hired before 7/1/08 will not be allowed to smoke or use tobacco products as
follows:
1. While inside any City of San Rafael structure or space
2. While inside any City/Fire Department vehicle
3. While in public when on -duty or in uniform
4. In compliance with State and local ordinance
The City will provide tobacco cessation assistance to employees who desire to stop
using tobacco products. Employees will be referred to the City's employee assistance
program for initial assistance and, if needed, will be eligible to receive up to $2500 in
additional funds to complete a certified tobacco cessation program. Written approval
from the Fire Chief is required for the additional funding.
6.7.5 Medical Standards
The City will establish pre-employment medical standards for all classifications
represented by the San Rafael Fire Chief Officers' Association.
6.8 MISCELLANEOUS
6.8.1 Return of City Equipment
Upon termination of employment, all tools, equipment, and other city property assigned
to any employee shall be returned to the Fire Department.
6.8.2 Political Activity
The political activity of employees shall comply with pertinent provisions of State and
Federal law.
6.8.3 Staffing Levels
Any changes in the current staffing levels of positions represented by this Association
will be subject to meet and confer.
6.8.4 Career Development Program
The San Rafael Fire Chief Officers' Association agrees to the Career Development
Guidelines as written.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
7.1.1 Demotion
The Fire Chief may demote an employee when the following occurs:
25
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 Human Resources Department.
Demotion pursuant to Section 7.1.1 (a) shall be deemed disciplinary action and as such
shall be handled according to the provisions of the Section titled "Disciplinary Action" of
this Memorandum of Understanding.
7.1.2 Suspension
On the recommendation of the Fire Chief, the City Manager may suspend an employee
from a position at any time for a disciplinary purpose. Intended suspension action shall
be reported immediately to the Human Resources Director, and shall be taken in
accordance with the Section titled Disciplinary Action of this Memorandum of
Understanding and provisions for exempt status employees.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave 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 Human Resources Department.
7.2.2 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 Section 7.6, Reduction in Force, of
this Memorandum of Understanding.
7.2.3 Termination - Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Section 7.3,
Disciplinary Action, of this Memorandum of Understanding.
7.2.4 Termination - Probation
The rejection of an employee during his/her initial probationary period is covered in
Section 7.3, Probationary Period, of this Memorandum of Understanding.
7.2.5 Retirement
Retirement from 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.
7.3 DISCIPLINARY ACTION
7.3.1 Authority
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as
required or to observe the Department's safety rules and regulations or for engaging in
strikes, individual or group slowdowns or work stoppages, or for violating or ordering the
violation of the Memorandum of Understanding.
7.3.2 Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or
suspension resulting in loss of pay. Any disciplinary action taken shall be consistent
with the provisions of the Fair Labor Standards Act as it relates to exempt employees.
7.3.3 Causes for Disciplinary Action
The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record including tardiness, overstaying lunch or break
periods.
e. Possession, distribution or under the influence of alcoholic beverages, non-
prescription or unauthorized narcotics or dangerous drugs during working hours.
f. Inability, unwillingness, refusal or failure to perform work as assigned, required or
directed.
g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
i. Unacceptable behavior towards (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.
I. 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.
27
q. Failure to perform to an acceptable level of work quality and quantity.
- r. Insubordination.
s. Other acts inimical to the public service.
t. Inability or refusal to provide medical statement on cause of illness or disability.
7.3.4 Appeals
Whenever punitive action is undertaken, the offending employee shall have the
opportunity for an administrative appeal which will be conducted in conformance with
the Administrative Procedures Act and this Memorandum of Understanding. If an
employee feels he or she has been unjustly disciplined/discharged, he or she shall have
the right to appeal his or her case through the appropriate procedure established in this
Memorandum of Understanding. Such appeal must be filed with the City Manager by
the employee in writing within ten (10) working days from the date of the
discipline/discharge and unless so filed the right of appeal is lost.
7.3.4.1 Proceeding Heard by City Manager
The appellant may submit the appeal directly to the City Manager or may request
arbitration. If an employee elects to have an appeal heard by the City Manager, the
employee must state in writing that he or she waives his/her right to an appeal that
conforms to the procedures of the Administrative Procedure Act.
7.3.5 City Manager and Arbitration
If arbitration is requested, the arbitration will be held in conformance with the
Administrative Procedure Act, California Code of Regulations, and other applicable
statutes. Representatives of the City and the appellant shall meet within fourteen (14)
calendar 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 within 60 calendar days of selection of the
arbitrator unless the mutually accepted Arbitrator's schedule does not so permit, in
which case the hearing shall be held not more than 120 days after the selection of the
arbitrator. In addition to arbitrators proposed by the State Mediation and Conciliation
Service, the parties shall be free to select from a pool of arbitrators mutually agreed to
by the City and the Association. The arbitrator shall rule on the merits of each party's
case as presented during the hearing. Decisions of the Arbitrator on matters properly
before him/her shall be final and binding on the parties hereto, to the extent permitted
by the Charter of the City.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
A grievance is any dispute which involves the interpretation or application of any
provision of this Memorandum of Understanding (excluding Section 1.3 and Section 1.5
of this M.O.U.), or any Fire Department policy specifically referenced herein, except
issues concerning appeals of punitive action, which is governed by Section 7.3. Policy
1 -VI -3 is specifically incorporated by reference. Proposals to add to or change this
28
Memorandum of Understanding or written agreement or addenda supplementary hereto
shall not be grievable.
7.4.2 Initial Discussion
Any employee who believes that he or she has a grievance may discuss his or her
complaint with the Fire Chief. If the issue is not resolved within ten (10) working days,
or if the employee elects to submit his or her grievance directly to an official of the
association, the procedures hereafter specified shall be invoked.
7.4.3 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 Section 7.4.4 below which has not been first
heard and investigated in pursuance of Section 7.4.2. A grievance which remains
unresolved ten (10) working days after it has been submitted to the City Manager in
writing may be referred to the next step.
Any time limit may be extended to a definite date by mutual agreement of the
Association and the appropriate management representative.
7.4.4 City Manager and Arbitration
If the grievance is not resolved in the previous Section 7.4.3 of this Memorandum of
Understanding, the grievant, the Association, or the City, after completion of the
previous step in the grievance procedure, may submit the grievance directly to the City
Manager or may request arbitration. If arbitration is requested, representatives of the
City and the Grievant shall meet within ten (10) working days to select a mutually
acceptable arbitrator. The selection process will include a review of the arbitrator's
availability for the hearing. The fees and expenses of the arbitrator and of a court
reporter shall be shared equally by the Grievant and the City. Each party, however,
shall bear the cost of its own presentations, including preparation and post hearing
briefs, if any. A hearing before the arbitrator shall be held within 60 calendar days of
selection of the arbitrator unless the mutually accepted Arbitrator's schedule does not
so permit, and the arbitrator shall render a decision which is binding on the parties
hereto, to the extent permitted by the Charter of the City. No Arbitrator shall have the
power to amend or modify this Memorandum of Understanding or written agreements or
addenda supplementary hereto or to establish any new terms or conditions of
employment.
7.5 FURLOUGH PROGRAM
The employees of this Association endorse the Furlough Program described in Exhibit
"D" attached to this Memorandum of Understanding.
7.6 REDUCTION IN FORCE
7.6.1 Authority
W
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 organizational
efficiency.
7.6.2 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.
7.6.3 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.
7.6.4 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 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 shall
be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
7.6.5 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 an
employee whose position is abolished.
7.6.6 Transfer Rights
The Human Resources 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 Section 7.6.2, but no longer than the effective date of such layoff or
reduction.
30
7.7 RE-EMPLOYMENT
7.7.1 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.
7.7.2 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.
7.7.3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after
the date of the offer, or should the person decline or be unable to begin work within two
weeks after the date of acceptance of the offer, the person shall be considered
unavailable for employment, shall forfeit the right to re-employment and shall be
removed from the re-employment list.
7.7.4 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.
7.7.5 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.
7.7.6 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.
31
SAN RAFAEL FIRE CHIEF OFFICERS'
ASS CCI TION
Y1M Lydon, Battalion Chief
Jeff B scher, Battalion Chief
/ a .4 /1 (" /0 S��-
CITY OF SAN RAFAEL
Leslie Loomis, Human Resources Director
Jill',,",,
Scutz, Assista tkCityi Manager
7
C ief Gray, Fire hie
Megan Zimmel�a , Human Resources
Representative
.n -I6 -a8
Date Date
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL FIRE CHIEF OFFICER'S ASSOCIATION
List of Exhibits
Exhibit A Salary Schedule 07/01/08
Exhibit B Salary Schedule 07/01/09
Exhibit C Salary Schedule 07/01/10
Exhibit D Furlough Plan
Exhibit E Firefighters' Bill of Rights Memorandum
SRFCOA MOU July 2008 - 2011 FINAL.doc
San Rafael Fire Chief Officers Association
Exhibit D
FURLOUGH PROGRAM
Both the City of San Rafael and the Fire Chief Officer's Association employees recognize the current
economic condition of the State of California and the City of San Rafael. Through this recognition and
in a cooperative spirit, the City of San Rafael and the Fire Chief Officer's Association have worked
expeditiously on the development of a Furlough Program. This Agreement does not mean the City will
necessarily implement furloughs; but in the event it is necessary to implement due to continued
economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide
for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as
MTO).
Voluntary Time Off (VTO).
The City will develop and distribute to all employees a survey to determine who might be interested in
VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal
year. The needs of the City and the respective departments (as determined by the Department Head
and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted
and the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave
time off for every hour of VTO taken not to exceed the number of furlough induced Personal
Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of
5%). This furlough induced Personal Leave time is to be taken as described in 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other employees will
have to take vacation leave, compensatory time off or leave without pay if the MTO results in
the closure of the department.
Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Head and City Manager). The City will attempt to
schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to
scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO
time will impact Marin County retirement contributions; but if the Marin County Retirement
System changes it policy on this the City will, effective the first of the month following notice
from the Marin County Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any employee who notifies the City
no later than the first day of the fiscal year of the contract term of their retirement date and
retires from the Marin County Retirement System during the term of this contract shall be
Page 1 of 2
San Rafael Fire Chief Officers Association
Exhibit D
exempted from the MTO requirements. If said employee did not retire during the fiscal year as
stated, said employee would be docked in pay an amount equivalent to the number of MTO
hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. For each MTO hour deducted the involved employee
shall be credited with an one half hour added to a furlough induced Personal Leave
balance.
b. Personal Leave accrued through the MTO Program may be taken beginning the first
day of the following fiscal year with supervisory approval. Furlough induced Personal
Leave has no cash value upon termination of employment. If an employee is laid off
before having the opportunity to take unused furlough induced Personal Leave said
employee would be eligible to take the unused furlough induced Personal leave during
the thirty day layoff notice period.
C. The employees represented by this Association may elect to give up pay for holidays
worked in lieu of mandatory time off, as long as the dollar value of the holiday pay
equates to the dollar value of the designated mandatory time off.
d. Should the City of San Rafael experience a financial windfall during the fiscal year that
furloughs are implemented, the City agrees to re -open discussions on this Furlough
Program.
e. The City agrees that it will attempt to distribute the dollar value of any MTO time
implemented equally over the remaining number of pay periods in the fiscal year.
Page 2 of 2
LIEBERT CASSIDY WHITMORE
A PROrsssro AL LAW CORPORATTON
LOS ANGR1,119 I FRSsNo I SAN FRANCISCO
ATTORNEY-CLIENT PRIVILEGED
VIA FIRST CLASS U.S. MAIL
Leslie Loomis
Human Resources Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915
March 26, 2008
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Re: Firefighters' Memorandum of Understanding & Firefighters Bill of Rights
Client Matter: SA026-001
Dear Ms. Loomis:
This is in follow-up to your e-mail exchange of March 12, 2008 with Cynthia O'Neill.
You requested that we review the Memorandum of Understanding between the City of San
Rafael and San Rafael Firefighters' Association, I.A.FY., Local 1775 (hereinafter "MOU") and
to provide proposed changes to the language contained in the MOU in order to comply with the
Firefighters Procedural Bill of Rights (hereinafter "FBOW. Pursuant to your request, we have
reviewed the MOU to determine what language should be revised in light of the FBOR and we
are available to discuss the proposed changes with you at your convenience.
The FBOR mainly governs two areas: 1) permissible interrogation and investigation
processes; and 2) administrative appeals of "denials of promotion on grounds other than merit"
or "punitive action", which is defined in the FBOR as "any action that may lead .to dismissal,
demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of
punishment,"1 This has been interpreted to mean that an employee is entitled to an
administrative appeal of any action that results in loss of pay,2 except in the case of a transfer.
An employee is not entitled to an administrative appeal of a transfer unless it is considered
punitive, meaning it is imposed for disciplinary purposes.3 As such, all provisions of the MOU
that touch upon disciplinary action, investigation of allegations of misconduct, interrogation
procedures, grievance procedures, transfers for purposes of punishment, and appeals of
disciplinary actions may be affected by the FBOR. We have reproduced those affected
provisions below and have underlined our suggested revisions.
'Cal. Gov. Code § 3251(c)
2 White v. County of Sacramento (1982) 31 Cal.3d 676, 682-684
3 Benach v. County of Los Angeles (2007) 149 Cal.App.0' 836,844-846
56738.2 SA026-001 www.lcwlegal.com
Leslie Loomis
March 26, 2008
Page 2
Please note that since it is generally in the City's best interest to keep the MOU as short
as possible, there are portions of the MOU which are affected by the FBOR, but have been left
unchanged. We have also reproduced those MOU provisions in this letter for your reference.
You will note that we have included comments and recommendations with regard to these
unchanged portions to ensure the City is aware of how to comply with the FBOR's provisions.
CHAPTER 1.0 GENERAL PROVISIONS
1.4. Management Rights
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, the Firefighters Procedural Bill of
Rights, and this Memorandum of Understanding.
Comments: This acknowledges the requirement that all firefighters be afforded the
rights and protections delineated in the FBOR4.
14. To hire, transfer, promote and
reasons in accordance with this
City's Rules and Regulations.
demote employees for non -disciplinary
Memorandum of Understanding and the
Comments: We do not recommend any changes to this provision. However, please be
advised that a demotion or a transfer that results in loss of pay may entitle the firefighter to the
opportunity for an administrative appeal under the FBOR.
CHAPTER 2.0 COMPENSATION
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 I, 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 I certification as a condition of
employment.
Comments: We do not recommend any changes to this provision. However, please be
advised that the loss of an employee's 2.5% incentive pay may entitle the firefighter to the
4Id. § 3260
56738.2 SA02"01
Leslie Loomis
March 26, 2008
Page 3
opportunity for an administrative appeal under the FBOR.
CHAPTER 3.0 PROBATIONARY PERIOD
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. shalt 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. If the emplovee has completed the
probationary period in the prior classification and the emulovee is subiect to
dismissal without reinstatement. the emulovee has the opportunity to appeal
pursuant to the provisions of the Firefiehters Procedural Bill of Rights Act and
this Memorandum of Understanding.
Comments: The administrative appeal provisions of the FBOR only apply to
firefighters who have successfully completed the probationary period. It states that "punitive
action or denial of promotion on grounds other than merit shall not be undertaken by any
employing department or licensing or certifying agency against any firefighter who has
successfully completed the probationary period without providing the firefighter with an
opportunity ortuni for administrative appeal5." Although there is no case law to help interpret this
provision of the FBOR, it does seem clear that there is no right to an administrative appeal after
rejection from the initial probation that one serves with an employer, or even a promotional
probation if merit -based reasons are the reason for rejection from probation. Until there is case
law that interprets this provision, a cautious approach would be to provide an opportunity for an
4 administrative appeal to any employee who has been dismissed from promotional probation for
reasons other than merit" and not returned to his or her original position.
CHAPTER 5.0 HEALTH AND WELFARE
5.7 Sick Leave
5.7.2 Sick Leave Usage
s Id. § 3254(b)
56738.2 SA026-001
An employee eligible for sick leave with pay will be granted such leave
with approval of the department head for the following purposes...
Except that in a. and b. above an employee may not use sick leave for a
work related injury and/or illness once said employee has, been determined
Leslie Loomis
March 26, 2008
Page 4
permanent and stationary. The Association acknowledges the Fire Chief s
right to investigate sick leave abuse.
Con:naents: Although we do not recommend any changes in the language of this
provision, we would like to bring to your attention that any and all investigation and/or
interrogation of an employee is subject to the rights and provisions contained in the FBOR. As a
result, those who investigate sick leave usage must be briefed on proper interrogation and
investigation procedures to ensure compliance with the FBOR.
CHAPTER 7.8 TERMS & CONDITIONS OF EMPLOYMENT
The Fire Chief may.demote.an employee when the follovirmg-occurs:
A. The employee fails to perform his/her required duties.
Comments: We do not recommend any changes in the language of this provision. We
would, however, like to bring to your attention that any demotion, including the one described
above, would likely be subject to the FBOR, and most significantly, its appeals processes which
are discussed at length below.
7.8.3. Termination — Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Chapter Eight
(8) Disciplinary Action of the Memorandum of Understanding.
Comments: We do not recommend any changes in the language of this provision.
However, please note that termination, as it results in a loss of pay, would be considered
"punitive action." This stands even if the termination was not carried out for disciplinary
reasons. As such, the FBOR would likely be applicable and the terminated employee must be
afforded the opportunity for an administrative appeal.
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.
Coacments: We do not recommend any changes in the language of this provision.
However, please note that the FBOR provides that, subject to several exeeptions6, punitive action
6Id. § 3254(d)
56736.2 SA026-00]
V
wo
Leslie Loomis
March 26, 2008
Page 5
or denial of promotion on grounds other than merit may be imposed for misconduct only if the
investigation of the alleged misconduct is completed within one year of discovery by the "Fire
Department." It is critically important to act on misconduct as soon as any member of the fire
department becomes aware of it; the one year time clock is arguably triggered when any member
of the Department learns of the misconduct. In addition, if it is determined that disciplinary
action will be taken, the offending firefighter must also be served with Notice of the proposed
discipline within that same one year as well. Please note that this one year statute of limitations
applies only to alleged misconduct that occurred after January 1, 2008. We recommend that all
management be aware of this one year statute of limitations and its exceptions, so that the City
does not lose the opportunity to discipline because of the time taken to investigate.
Another notice requirement, contained iri the,FBOR`is that -the offending •employee must-
be notified of the imposition of discipline within the following time constraints. The Notice of
Discipline must occur no later than 30 days after the decision to discipline, but not less than 48
hours prior to the effective date of the discipline. Since the earliest that the decision to discipline
occurs is at the Skelly conference, it is a good idea to issue the Notice of Discipline no later than
30 days after the Skelly conference. The 48-hour notice provision serves to delay the effective
date of a discipline by at least two days.
8.4 Appeals
Whenever punitive action is undertaken. the offending emnlovee shall have the
- opportunity for an administrative anneal which will be conducted in conformance with
the Administrative Procedure Act and this Memorandum of Understanding. Such appeal
must be filed with the City Manager or his/her designee by the employee in writing
within fourteen (14) calendar days from the date of the discipline/discharge and unless so
filed the right of appeal is lost.
Comments: One of the key protections of the FBOR is that all firefighters must be
afforded the right to an administrative appeal of any punitive actions This language clearly
states that the MOU is in conformance with the APA and does afford the right to an
administrative appeal.9
8.5 City Manager and Arbitration
The appellant may have the appeal heard by the City Manager or may request arbitration.
7 Id.
av
'Id. § 3254(b)
9Id. § 3254.5
56738.2 SA026-001
Leslie Loomis
March 26, 2008
Page 6
8.5.1 Proceeding Heard by City Manager
If an emvlovee elects to have an anneal heard by the Citv Manager. the emnlovee
must state in writing that he or she waives his/her right to an anneal that conforms
to the vrocedures of the Administrative Procedure Act.
8.5.2 Arbitration
If arbitration is reauested. the arbitration will be held in conformance with the
Administrative Procedure Act. California Code of Regulations. and other
avvlicable statutes. Representatives of the City and the appellant shall meet
within fourteen (14) 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 within sixty days of the selection of
the arbitrator unless the mutually accepted arbitrator's schedule does not so
permit, in which case the hearing shall be held not more than 120 days after the
a selection of the arbitrator.10 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.
u In addition to arbitrators proposed by the State Mediation and Conciliation
Service, the parties shall be free to select from a pool of arbitrators mutually
agreed to by the City and the Association. The parties shall continue to meet and
confer, after the adoption of this MOU on a mutually agreeable panel of
arbitrators. Once agreed to the panel shall be identified by a side letter to the
9 MOU.
Cwnments: Please note that the Administrative Procedure Act (hereinafter "APA")
allows for alternative dispute resolution, namely ' binding - arbitration, as well -as - hon -binding
arbitration and mediation. By affording the covered employees with the option to enter into
binding arbitration, and following the APA procedures regarding binding arbitration, the
requirement that an employee may make an administrative appeal under the APA is satisfied.
However, should binding arbitration be negotiated out of the MOU, an alternative hearing
method as prescribed by the APA must be included. Please do not hesitate to contact us should
this be the case so we can discuss alternative administrative appeal procedures.
In addition, all arbitration procedures must be in conformance with the APA 12 and the
101 Cal. Code Regs. § 1240
11 We do not understand how an arbitrator could ever modify a party's `position."
12 Cal. Gov. Code §§ 11420.10-11420.30
56738.2 8A026-001
I
FY
Leslie Loomis
March 26, 2008
Page 7
r- -A
California Code of Regulations.13 Please note that the current arbitration Procedures, as
amended in this letter, are consistent with both the APA and the California Code of Regulations.
CHAPTER 9.0 GRIEVANCE PROCEDURE
9.1 Definition
A grievance is any dispute, which involves the interpretation or application of any
I
provision of this Memorandum of Understanding, or any Fire Department policy
specifically referenced herein, except issues concerning avDeals of Dunitive action, which
is governed by Chanter 8.0. Policy 1 -VI -3 is specifically incorporated by reference.14
Comments: So as to avoid'-dny confusion in determining when the appeal§-processeg
contained in the APA and FBOR must be followed, this clarifies that all appeals of punitive
action must be undertaken in accordance with Chapter 8.0 of this MOU, and that all other
grievances will be resolved in accordance with Chapter 9.0.
This concludes our comments and suggested revisions of the MOU as it pertains to the
FBOR. Thank you for your attention to the above. Should you have any questions or would like
to discuss this Mher, please do not hesitate to contact us.
Sincerely,
LIEBERT CASSIDY VailTMORE
,J Grace Y. Chan
CIO/GYC/ab
t3 1 Cal. Code Regs. §§ 1200-1258
We have not reviewed Policy I -VI-3 so we do not know its relevance to FBOR issues.
56738.2 SA026-001