HomeMy WebLinkAboutCC Resolution 12036 (MOU Firefighters Association)RESOLUTION NO. 12036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
RESOLUTION NO 11785 PERTAINING TO THE COMPENSATION AND WORKING
CONDITIONS FOR FIRE DEPARTMENT PERSONNEL.
(2 -year Memorandum of Understanding from July 1, 2006 through June 30, 2008).
WHEREAS, the City of San Rafael and the San Rafael Firefighters' Association, have
met and conferred with regard to wages, hours and working conditions in accordance with the
provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated July 1, 2006, and consisting of 40
pages and Exhibits has been executed by duly authorized representatives for both parties;
follows:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and the San Rafael Firefighters' Association, shall utilize the Memorandum of
Understanding dated July 1, 2006, as the official document of reference respecting
compensation and working conditions for Fire Department personnel represented by the
Firefighters' Association;
Section 2: The schedule describing classes of positions and salary ranges is
attached as Exhibit A to said Memorandum of Understanding, together with the
Memorandum of Understanding itself are hereby adopted and both shall be attached
hereto and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of said City on Tuesday, the 5th day of September, 2006 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips & Mayor Boro
None
None
JEAM LEONCINI, CITY CLERK
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F.,
LOCAL 1775
July 1, 2006 - June 30, 2008
CHAPTER 1.0. GENERAL PROVISIONS..........................................................................1
1.1. Recognition..............................................................................................................................1
1.1.1.
Association Recognition.............................................................................................................. 1
1.1.2.
City Recognition............................................................................................................................
1
1.2. Association Rights...................................................................................................................
2
1.2.1.
Dues Deduction............................................................................................................................
2
1.2.2.
Release Time................................................................................................................................
3
1.2.3.
Association Access to Work Locations.....................................................................................
3
1.2.4.
Association Office Space.............................................................................................................
3
1.2.5.
Conduct of Business....................................................................................................................
3
1.2.6.
Association Meetings...................................................................................................................
3
1.2.7.
Association Orientation of New Employees..............................................................................
4
1.3. Non-Discrimination................................................................................................................ 4
1.3.1.
In General.....................................................................................................................................4
1.3.2.
Association Discrimination.........................................................................................................
4
1.4. Management Rights................................................................................................................ 4
1.5. Advance
Notice of Change..................................................................................................... 6
CHAPTER 2.0. COMPENSATION......................................................................................
6
2.1. Total
Compensation............................................................................................................... 6
2.1.1.
Goal and Compensation Definitions..........................................................................................
6
2.1.2.
Compensation Surveys................................................................................................................
6
2.1.3.
Salary Increases and Revenue Sharing Calculations.............................................................
7
2.1.4.
Fiscal Year 2006-2007 Increase: ................................................................................................
8
2.1.5
Fiscal Year 2007-2008 Increase: ................................................................................................
8
2.2.
Educational Incentive Program.......................................................................................................
9
2.2.1
Thirty (30) College Units Fire Science.......................................................................................
9
2.2.2.
AA Degree Fire Science..............................................................................................................
9
2.2.3.
EMT I............................................................................................................................................
10
2.2.4.
E.M.D............................................................................................................................................10
2.2.5.
E.M.D. Program Recruitment....................................................................................................
10
2.2.6.
Other Job Related Courses.......................................................................................................
10
2.3. Out
of Class Compensation.................................................................................................
10
2.3.1.
Fire Engineers.............................................................................................................................
11
2.3.2.
Fire Fighters................................................................................................................................
11
2.3.3.
Fire Captain.................................................................................................................................
11
2.4. Specialty Compensation.......................................................................................................
11
2.4.1.
Paramedic Certification..............................................................................................................
11
2.4.2.
Paramedic Liaison......................................................................................................................
12
2.4.3.
EMT 1 Ambulance Drivers........................................................................................................
12
2.4.4.
Third Paramedic Unit.................................................................................................................
13
2.5. Other
Compensation............................................................................................................
13
2.5.1.
Uniform Allowance......................................................................................................................
13
2.5.2.
Call-Back......................................................................................................................................13
CHAPTER 3.0. PROBATIONARYPERIOD.....................................................................13
3.1. Purpose of Probation............................................................................................................ 13
3.2. Periodic Probationary Evaluations..................................................................................... 13
3.3. Length of Probationary Period........................................................................................... 14
3.4. Rejection During Probation................................................................................................. 14
3.5. Extension of Probationary Period.......................................................................................
14
3.6. Notification of Extension of Rejection................................................................................
14
3.7. Regular Status.......................................................................................................................
14
3.8. Promotion of Probationary Employee................................................................................
14
3.9. Unsuccessful Passage of Promotional Probation...............................................................
14
CHAPTER4.0. SELECTION..............................................................................................15
4.1. Promotional Recruitments...................................................................................................
15
4.2. Fire Captain Qualifications.....................................................................................................
15
Option1........................................................................................................................................................
15
Option2........................................................................................................................................................
15
Option3........................................................................................................................................................
15
4.3. Rule of Three.........................................................................................................................
16
4.4. Transfers................................................................................................................................16
4.4.1. Type of Transfers.......................................................................................................................
16
4.4.2. Minimum Qualifications and Probation....................................................................................
17
CHAPTER 5.0. HEALTHAND WELFARE......................................................................17
5.1. Health, Life, Accident and Disability..................................................................................
17
5.2. Retiree's Health Insurance..................................................................................................
18
5.3. Dental Plan............................................................................................................................
18
5.4. Joint Benefits Committee.....................................................................................................
18
5.5.1. Retirement Contribution..................................................................................................
18
5.5.2. Retirement Plans........................................................................................................................
18
5.6. Vacation.................................................................................................................................19
5.6.1. Policy Statement.........................................................................................................................
19
5.6.2. Vacation Cash-In........................................................................................................................
19
5.6.3 One -Time Vacation Buy-Down.................................................................................................
19
5.6.4 Vacation Conversion..................................................................................................................
19
5.6.5. Vacation Relief............................................................................................................................20
5.6.6. Rate of Accrual............................................................................................................................
20
5.6.7 Vacation Accrual Cap.................................................................................................................
21
5.7. Sick Leave..............................................................................................................................
22
5.7.1. Accrual.........................................................................................................................................22
5.7.2. Sick Leave Usage.......................................................................................................................
22
5.7.3. Sick Leave Payoff.......................................................................................................................
23
5.7.4. Sick Leave Service Credit Option.............................................................................................
23
5.8. Leave Conversion to Hour for Hour................................................................................... 23
5.8.1. Accrued Balance Conversion.................................................................................................... 23
5.8.2. Sick and Vacation Leave Usage............................................................................................... 23
5.8.3. Hourly Rate for Leave Payoff.................................................................................................... 24
5.9. Holidays.................................................................................................................................24
5.9.1. Days Observed........................................................................................................................... 24
5.9.2. Holiday Pay.................................................................................................................................. 24
5.9.3. Holiday Routine........................................................................................................................... 24
5.10. Other Leaves...................................................................................................................... 25
5.10.1. Family Medical Leave/California Family Rights Act........................................................... 25
5.10.2. Military Leave.......................................................................................................................... 25
5.10.3. Workers Compensation Leave............................................................................................. 25
5.10.4. Jury Duty.................................................................................................................................. 25
5.10.5. Court Appearance................................................................................................................... 25
5.11 Deferred Compensation Plan Proposal................................................................................... 25
5.12 125 Plan....................................................................................................................................... 26
CHAPTER6.0. HOURS...................................................................................................... 26
6.1. Hours of Work...................................................................................................................... 26
6.2. Work Schedule...................................................................................................................... 27
6.3. FLSA Overtime..................................................................................................................... 27
6.4. Overtime................................................................................................................................ 27
CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT ..................................... 28
7.1. Staffing Levels....................................................................................................................... 28
7.2. Grooming Standards............................................................................................................ 28
7.3. Career Development Program............................................................................................ 28
7.3.1. Engineer Certification Policy..................................................................................................... 28
7.3.2. Responsibility for Implementation............................................................................................ 28
7.3.3. Program Guidelines.................................................................................................................... 28
7.3.4. Order of Completion................................................................................................................... 29
7.4. Station Transfers.................................................................................................................. 29
7.5. No Smoking........................................................................................................................... 29
7.6. EMT -D Certification............................................................................................................ 29
7.7. Demotion................................................................................................................................29
7.8. Termination of Employment............................................................................................... 29
7.8.1. Resignation..................................................................................................................................29
7.8.2. Termination/Demotion - Lack of Work or Funds.................................................................... 30
7.8.3. Termination - Disciplinary Reasons......................................................................................... 30
7.8.4. Termination - Probation............................................................................................................. 30
7.8.5. Retirement...................................................................................................................................30
7.9. Shift Trade Policy................................................................................................................. 30
CHAPTER 8.0. DISCIPLINARYACTION........................................................................ 30
8.1. Authority............................................................................................................................... 30
8.2. Definition............................................................................................................................... 30
8.3. Causes of Disciplinary Action.............................................................................................. 30
8.4. Appeals.................................................................................................................................. 31
8.5. City Manager and Arbitration............................................................................................ 31
CHAPTER 9.0. GRIEVANCE PROCEDURE................................................................... 32
9.1. Definition...............................................................................................................................32
9.2. Initial Discussions................................................................................................................. 32
9.3. Referral to City Manager.................................................................................................... 32
9.4. City Manager and Arbitration............................................................................................ 33
CHAPTER 10.0. RED UCTIONIN FORCE...................................................................... 33
10.1. Authority............................................................................................................................33
10.2. Notice..................................................................................................................................33
10.3. Order of Layoff................................................................................................................. 33
10.4. Seniority.............................................................................................................................33
10.5. Bumping Rights................................................................................................................. 34
10.6. Transfer Rights................................................................................................................. 34
10.7. Re-Employment.................................................................................................................34
10.7.1. General Guidelines................................................................................................................. 34
10.7.2. Right to Re-employment........................................................................................................ 34
10.7.3. Time Limits.............................................................................................................................. 34
10.7.4. Availability................................................................................................................................35
10.7.5. Probationary Status................................................................................................................ 35
10.7.6. Restoration of Benefits........................................................................................................... 35
CHAPTER 11.0. MISCELLANEOUS................................................................................ 35
11.1. Management and Miscellaneous Positions..................................................................... 35
11.2. Use of Fire Apparatus for Shopping............................................................................... 35
11.3. Physical Fitness Program................................................................................................. 35
11.4. Medical Standards............................................................................................................ 36
11.5. Personnel Rules and Regulations.................................................................................... 36
11.6. Drug and Alcohol Policy................................................................................................... 36
11.7. Light Duty Policy.............................................................................................................. 36
11.8. Association Meetings with the Fire Chief....................................................................... 37
11.9. Safety Committee.............................................................................................................. 37
11.9.1. Fire Department Committee.................................................................................................. 37
11.9.2. City -Wide Committee............................................................................................................. 37
11.10. Outside Employment........................................................................................................ 37
CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE ................... 37
12.1. Inspection of Memorandum of Understanding.............................................................. 37
12.2. Existing Laws, Regulations and Policies......................................................................... 38
12.3. Strikes and Lockouts........................................................................................................ 38
12.4. Full Understanding, Modification, Waiver.................................................................... 38
12.4.1. Joint Representation.............................................................................................................. 38
12.4.2. Modification/Waiver................................................................................................................38
12.4.3. Effective Dates........................................................................................................................ 38
12.5. Severability.............................................................................................................38
Memorandum of Understanding
between
City of San Rafael
and
San Rafael Firefighters' Association, I.A.F.F., Local 1775
The San Rafael Firefighters' Association, I.A.F.F., Local 1775, and representatives of
the City of San Rafael have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment of employees in the representation
unit specified in Section 1, have exchanged freely information, opinions and
proposals.and have reached agreement on all matters relating to the employment
conditions and the employer/employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-
Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared
by the parties.
This Memorandum of Understanding shall be presented to the San Rafael City
Council as the joint recommendations of the undersigned for salary and employee
benefit adjustments for the period commencing July 1, 2006 and ending June 30,
2008. When ratified by the City Council, this Memorandum of Understanding shall
be binding upon the San Rafael Firefighters' Association, I.A.F.F., Local 1775, the
employees it represents, and the City of San Rafael.
As used throughout this Memorandum of Understanding, the pronoun designations
"he" or "his" is intended to be applicable to both the male and female gender.
CHAPTER 1.0. GENERAL PROVISIONS
1.1. Recognition
1.1.1. Association Recognition
The San Rafael Firefighters' Association, I.A.F.F., Local 1775, hereinafter referred to
as the "Association" is the recognized employee organization, as defined by
Government Code Section 3501, (b), for all employees in classifications represented
by the Association, said classifications being set forth in Exhibit A.
1.1.2. City Recognition
The Municipal Employee Relations Officer of the City of San Rafael or any person or
organization duly authorized by the Municipal Relations Officer, is the representative
of the City of San Rafael, hereinafter referred to as the "City" in employer-employee
Page 1
relations, as provided in Resolution No. 4027 adopted by the City Council on April 5,
1971.
1.2. Association Rights
1.2.1. Dues Deduction
Payroll deduction for membership dues shall be granted by the City to the
Association.
The following procedures shall be observed in the withholding of employee 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
Page 2
check -off of Association dues, assessments and other payments to the
Association. In addition, the Association shall refund to the City any amounts
paid to it in error upon presentation of supporting evidence.
1.2.2. Release Time
The City shall allow a reasonable number of Association representatives who are
official representatives of the Association be given 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. One
hundred forty-four (144) hours per calendar year shall be provided for union release
time, apart from MMB activity, with ten days advance notice and approval of the Fire
Chief. Once approved, hours will be deducted from this total on an hour for hour
basis per representative. Except by mutual agreement, the number of Association
representatives excused for such purposes shall not exceed three (3) at any one
time, per the approval process outlined above.
1.2.3. Association Access to Work Locations
Reasonable access to employee work locations shall be granted to officers of the
Association and officially designated representatives of the Association for the
purpose of processing grievances or contacting members of the Association
concerning business within the scope of representation, which are to be discussed
with City representatives. Access may be restricted so as not to interfere with the
normal operations of Department or with established safety or security requirements.
1.2.4. Association Office Space
The Association shall be allowed office space on City property at a mutually agreed
upon location, with telephone service maintained at the expense of the Association.
1.2.5. Conduct of Business
Consultations between the City and the Association, for discussion of grievances and
for negotiations between the City and Association representatives normally will be
conducted during regular working hours. Association representatives who are on
duty will be allowed to participate in such meetings.
Association officers are authorized reasonable time during on duty hours to process
employee complaints or grievances, and to conduct negotiations with management
at the local level.
1.2.6. Association Meetings
The Association shall be able to use Fire Department facilities for meetings provided
space and time are available. All meetings using Fire Department facilities must
have prior approval of the Fire Chief or his/her designee. Employees and companies
normally covering the first in district where any such meeting is being held will be
allowed to attend provided they remain ready and available to perform their duties.
Page 3
Association officers and employees who have business to present at the meeting,
but are assigned to other stations will be allowed to attend meetings. Arrangements
for this purpose will be the same as routine department cover -ins, provided that the
Association and Duty Chief both determine the resulting coverage meets acceptable
emergency response safety standards.
1.2.7. Association Orientation of New Employees
Whenever the City hires an employee within any classification covered by this
Memorandum of Understanding and represented by the Association, the City will
inform the employee, as soon as possible, of the terms and provisions of this
Memorandum of Understanding and will provide said employee with a copy of the
current Memorandum of Understanding. The City shall make available two hours, at
a mutually agreeable time, during the initial thirty (30) days of employment for new
employee orientation by the Association.
1.3. Non -Discrimination
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 (Chapter 9).
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 the Association.
1.4. Management Rights
The City reserves, retains, and is vested with, solely and exclusively, all rights of
management which have not been expressly abridged by specific provision of this
Memorandum of Understanding or by law to manage the City, as such rights existed
prior to the execution of this Memorandum of Understanding. The sole and exclusive
rights of management, as they are not abridged by this Agreement or by law, shall
include, but not be limited to, the following rights:
Page 4
I . To manage the City generally and to determine the issues of policy.
2. To determine the existence of facts which are the basis of the management
decision.
3. To determine the necessity of any organization or any service or activity
conducted by the City and expand or diminish services.
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means and size
of the work force by which the City operations are to be conducted.
8. To determine and change the number of locations, re -locations and types of
operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or
operation of the City.
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and
assignments.
10. To relieve employees from duties for lack of work or similar non -disciplinary
reasons.
11. To establish and modify organizational productivity and performance programs
and standards.
12. To discharge, suspend, demote or otherwise discipline employees for proper
cause in accordance with the provisions and procedures set forth in City
Personnel Rules and Regulations and this Memorandum of Understanding.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations.
15. To determine policies, procedure and standards for selection, training and
promotion of employees.
16.To establish employee performance standards including but not limited to, quality
and quantity standards; and to require compliance therewith.
17.To maintain order and efficiency in its facilities and operations.
18.To establish and promulgate and/or modify rules and regulations to maintain
order and safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to 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 act, 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.
Page 5
1.5. Advance Notice of Change
Except in cases of emergency, reasonable advance written notice shall be given the
Association of any ordinance, rule, resolution or regulation directly relating to matters
within the scope of representation proposed to be adopted by the City Council, and
any Board or Commission, or any Department and the Association shall be given the
opportunity to meet and confer with the City and Representatives prior to adoption.
In cases of emergency, when the City Council determines that an ordinance, rule,
resolution or regulation must be adopted immediately without prior notice or meeting
with the Association, the City shall provide such notice and opportunity to meet and
confer at the earliest practical time following the adoption of such ordinance, rule,
resolution or regulation. A copy of any such ordinance, rule, resolution or regulation
shall be provided to the association together with the notice required by this Section,
whenever possible.
CHAPTER 2.0. COMPENSATION
2.1. Total Compensation
2.1.1. Goal and Compensation Definitions
Goal: It is the goal of the City Council to try to achieve a total compensation package
for all employees in the bargaining unit represented by the San Rafael Firefighters'
Association in an amount equal to the following:
1. One dollar ($1.00) above the average of the total compensation paid to the
same or similar classifications in the following ten (10) agencies: Fairfield,
Vallejo, Hayward, Alameda County, South San Francisco, City of Alameda,
Napa, Novato Fire District, Santa Rosa, and Sausalito. AND
2. The highest total compensation paid to the same or similar classifications
in agencies in Marin County.
Total Compensation for survey purposes shall be defined as: Top step salary
(excluding longevity pay steps), educational incentive pay, EMT 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 paid contributions toward insurance
premiums for health, life, long term disability, dental and vision plans, and employer
paid cafeteria/flexible spending accounts.
2.1.2. Compensation Surveys
In accordance with Section 2.13, to measure progress towards the above -stated
goal, the City will survey the identified benchmark position, as identified in Exhibit
"E" titled San Rafael Firefighters' Association Represented Benchmark and Internal
Relationships and included as part of this MOU. The City and the Association shall
Page 6
each assign two individuals to review the benchmarks and related survey data for
accuracy and completeness.
Identified benchmark positions from other agencies includes positions that are
identified by the survey agency and have similar job duties, qualifications, class and
grade compared to the Firefighter benchmark. The City and the Association may
identify other city/agency positions to be included in San Rafael's compensation
survey based upon similar duties, qualifications, class and grade to those set out in
Exhibit "E" of this MOU.
To measure whether the goal has been reached, a survey of total compensation for
top step benchmark positions will be conducted annually during the month of July of
each year of the contract, subject to Section 2.1.3. 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 applying the excess
General Tax Revenues, if any, described below. If such General Tax Revenues are
to be applied to a salary increase, there will be a wage increase beginning January
1 st for the fiscal year under survey for all classifications.
In no event will total compensation increases available through the revenue sharing
provisions of this contract and provided for bargaining unit employees cause the
benchmark positions to exceed the stated 'total compensation' goal. All related
classifications shall receive the same increases as those received by their assigned
benchmark position (as defined in the San Rafael Firefighters' Association
Represented Benchmark and Internal Salary Relationships table included as Exhibit
"E" to this MOU.)
2.1.3. Salary Increases and Revenue Sharing Calculations
General Tax Revenues shall be defined for this Chapter of the Memorandum of
Understanding to include the following taxes: Sales Tax, Property Tax (Secured,
Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel
Occupancy Tax, Business License Tax and Franchise Fees. No other revenue
sources of the City will be included in this definition. Any local San Rafael general or
special purpose taxes approved by the voters after July 1, 2005 shall not be included
as General Tax Revenues for Revenue Sharing purposes.
The City will complete the calculation of the General Tax Revenues by September 7th
of each year of this agreement. If General Tax Revenues have not increased over
the prior fiscal year, then the City and Union will not complete the compensation
survey as outlined in Section 2.12, unless it is the final year of this agreement.
Page 7
2.1.4. Fiscal Year 2006-2007 Increase:
Effective July 1, 2006, bargaining unit employees shall receive an increase of 0% in
base salary.
A. See Exhibit "A" for salary tables. If, after the above-described increase, City
shall make known available figures by, November 1 of each year, which will
determine the City's ability to sustain salary increases that may be provided
using the revenue sharing formula noted below in this section. The City shall
determine and make known whether the City achieved a positive change in
the General Fund fiscal year 2005-2006 as determined by the City's audited
financial statements and presented as `net change in fund balance'.
B. If the above stated financial results for the City's General Fund are in place,
and the total compensation of the top step benchmark positions has not
reached the stated goal, then bargaining unit employees shall be entitled to
the following possible salary increases:
1. If General Tax Revenues of the City for fiscal year 2005-2006 exceed
General Tax Revenues of the City for fiscal year 2004-2005 as adjusted by
75% of the total compensation increases provided for fiscal year 2005-
2006, then the members of the bargaining unit shall be entitled to apply
20% of one-half (1/2) of the excess of fiscal year 2005-2006 General Tax
Revenues over fiscal year 2004-2005 General Tax Revenues adjusted for
75% of the total compensation increases provided to members in fiscal
year 2005-2006, for a salary increase.
2. Such application of the excess General Tax Revenues, as described
above, for a salary increase shall be based on the surveying of total
compensation for the benchmark positions identified on "Exhibit E"
attached to this MOU. All bargaining unit classifications will receive the
same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total
compensation to exceed the stated goal, then only that percentage needed
to reach the goal for the benchmark position will be applied to all related
classifications.
2.1.5 Fiscal Year 2007-2008 Increase:
Effective July 1, 2007, bargaining unit employees shall receive an increase of 0% in
base salary.
A. See Exhibit "A" for salary tables. If, after the above-described increase, City
shall make known available figures by, November 1 of each year, which will
determine the City's ability to sustain salary increases that may be provided
Page 8
using the revenue sharing formula noted below in this section. The City shall
determine and make known whether the City achieved a positive change in
the General Fund fiscal year 2006-2007 as determined by the City's audited
financial statements and presented as 'net change in fund balance'.
B. If the above stated financial results for the City's General Fund are in place,
and total compensation of the top step benchmark positions has not reached
the stated goal, then bargaining unit employees shall be entitled to the
following possible salary increases:
1. If General Tax Revenues of the City for fiscal year 2006-2007 exceed
General Tax Revenues of the City for fiscal year 2005-2006 as adjusted by
75% of the total compensation increases provided for fiscal year 2006-
2007, then the members of the bargaining unit shall be entitled to apply
20% of one-half (1/2) of the excess of fiscal year 2006-2007 General Tax
Revenues over fiscal year 2005-2006 General Tax Revenues adjusted for
75% of the total compensation increases provided to members in fiscal
year 2006-2007, for a salary increase.
2. Such application of the excess General Tax Revenues, as described
above, for a salary increase shall be based on the surveying of total
compensation for the benchmark positions identified on "Exhibit E"
attached to this MOU. All related bargaining unit classifications will receive
the same percentage increase as received by their assigned benchmark
positions, but if the increase would cause the benchmark position total
compensation to exceed the stated goal, then only that percentage needed
to reach the goal for the benchmark position will be applied to all related
classifications.
2.2. Educational Incentive Program
To increase the educational level of the employees in the Fire Department, and to
assist in the recruitment of public safety members into the fire service, the City shall
pay an educational incentive in accordance with the following:
2.2.1 Thirty (30) College Units Fire Science
Employees who have completed their first year of full-time service with the San
Rafael Fire Department and have successfully completed 30 accredited college units
of Fire Science or Fire Technology shall receive additional compensation amounting
to 2.5% of their basic monthly salary.
2.2.2. AA Degree Fire Science
Employees who have completed their first year of full-time service with the San
Rafael Fire Department and who possess an A.A. or A.S. degree in Fire Science or
Page 9
Fire Technology shall receive additional compensation amounting to 5% of their
basic monthly salary.
2.2.3. EMT I
Employees who have completed their first year of full-time service with the San
Rafael Fire Department and who have successfully completed and who maintain an
EMT I certification, accredited by the State of California or State Fire Marshal's
Office, shall receive an additional compensation amounting to 2.5% of their basic
monthly salary. EMT I re -certification training shall be conducted on duty at times
determined by the Fire Chief.
If an employee fails to maintain a valid EMT - 1, said employee shall lose their 2 .5%
incentive pay. All non -paramedic line employees hired on or after March 7, 1994
shall be required to possess and maintain a valid EMT - 1 certificate as a condition of
employment.
2.2.4. E.M.D.
Employees who have completed probation in the Fire Dispatcher classification and
who have successfully completed and who maintain a Marin County approved
E.M.D. certification shall receive an additional compensation amount to 2.5% of their
basic monthly salary. This is provided in lieu of "2.2.3." but will not preclude the
employee from receiving "2.2.3." if he/she has not yet successfully completed a
Marin County approved E.M.D. certification. The City agrees to provide time to meet
all E.M.D. requirements. It is agreed that an employee shall not receive more than
one (1) emergency medical incentive of 2.5%.
2.2.5. E.M.D. Program Recruitment
Both parties agree that individuals hired as Fire Dispatchers must successfully
complete an Emergency Medical Dispatch program certified by Marin County within
two (2) years of employment.
2.2.6. Other Job Related Courses
It is agreed that college course work other than those specified in "2.2.1." and "2.2.2."
completed by non -safety members of the department may be deemed to be job-
related by the Fire Chief to qualify for the 2.5% or 5.0% educational incentives. This
is provided in lieu of "2.2.1." or "2.2.2." but will not preclude an employee from
receiving "2.2.1." or "2.2.2." It is agreed that an employee shall receive not more
than one (1) educational incentive. Educational incentive for non -safety members of
the department shall not exceed 5.0% exclusive of EMT or EMD incentives.
2.3. Out of Class Compensation
When safety employees work out of their normal classification, they will be
compensated and governed by the following rules:
Page 10
2.3.1. Fire Engineers
All Engineers will perform in Acting Captain status as needed, and will be paid out -of -
class compensation at the same step as their regular position, i.e., Step A - Engineer
is paid at Step A - Captain. Engineers will be paid the out -of -class compensation for
each full shift completed in the out -of -class position.
2.3.2. Fire Fighters
All firefighters with four (4) years or more of line service (line service is defined as
active participation as a member of an Engine, Truck Company or Medic Unit
working a standard 24 hour work schedule with the City of San Rafael Fire
Department) who meet the eligibility requirements to take the Captain's promotional
examination may work out -of -class as Captain. When working out of class as
Engineers or Captains, Firefighters will be paid the appropriate out -of -class
compensation for each full shift completed in the out -of -class position. They will be
paid at the same step as their regular position, i.e., Step A - Firefighter is paid at
Step A, - Engineer or Step A - Captain.
Within the time period covered by this MOU, representatives of the Fire
Administration and the Firefighters Association will meet and agree on a Department
Acting Captain Orientation and selection process.
2.3.3. Fire Captain
All Fire Captains who meet the eligibility requirement to take the Battalion Chief -
Operations promotional exam may work our of class as Battalion Chief -Operations.
When working out of class as Battalion Chief -Operations, Captains will be paid the
appropriate out -of -class compensation for each full shift completed. They will be
paid at the same step as their regular position, i.e., Step C -Captain is paid at Step
C—Battalion Chief—Operations.
2.4. Specialty Compensation
2.4.1. Paramedic Certification
The Firefighter/Paramedic classification was abolished on 07/01/88.
Department members who are Certified Paramedics and who are assigned to
paramedic duty shall receive the following incentives:
i) A paramedic incentive equal to 9.5% of top firefighter salary over
and above their regular monthly salary.
ii) An incentive equal to 2.5% of their regular monthly salary for
A.C.L.S. in lieu of the E.M.T. incentive. (Applicable only to those
employees who have completed their first year of full-time
service and assigned to Paramedic duty).
Page 11
2. Fire Department Paramedic staffing level shall be determined by the Fire
Chief. Staffing of the Paramedic Unit by Paramedics holding the rank of
Engineer or Captain shall be determined by the Fire Chief or his designee.
3. Department employees desiring to voluntarily enter Paramedic training on
their own time and who have notified the Fire Chief, in writing, of their
intentions, upon successful completion and certification will be eligible for a
"Paramedic" position in the department if an opening is available. If a vacancy
should occur in the positions allocated for Paramedic duty, and a department
employee is in training, the position will be held vacant for up to a maximum of
six months. The six-month period will allow for up to three months to
complete the training and an additional three months to complete the required
field internship. These time frames may be extended by the Fire Chief (see
Department Policy 1-V-18).
4. In the event that a Firefighter assigned to Paramedic duty wishes to
discontinue his/her Paramedic assignment, both parties agree that he/she
may be reassigned out of the Paramedic Program with a 90 day written notice
of intent to the Fire Chief providing that current Paramedic staffing levels do
not fall below 21. In the event that several paramedic firefighters intend to
decertify from the program, selection to do so will be based on employee
seniority by hiring date. At such time that any one Paramedic opts out when
there is not a corresponding Firefighter vacancy the department will, at its
discretion, operate the same number of ambulances by teaming a Paramedic
with an EMT certified Firefighter, until full complement staffing returns.
2.4.2. Paramedic Liaison
The Paramedic liaison and Assistant Paramedic liaison will be selected by those
individuals assigned Paramedic duty and will serve for a minimum of one (1) year
and a maximum of two (2) years. The individual selected as the Paramedic Liaison
will receive $200.00 per month premium pay over and above his/her base monthly
salary while serving in this capacity. The individual selected as the Assistant
Paramedic liaison will receive $100 per month premium pay over and above his/her
base monthly salary while serving in this capacity.
2.4.3. EMT 1 Ambulance Drivers
EMT -1 drivers shall receive a ten -dollar ($10.00) bonus for each shift, full or partial
that they are assigned to drive either ambulance. Regular assignment to the
paramedic unit as an EMT -1 shall be voluntary. Non -voluntary assignment to the
paramedic unit as an EMT -1 shall be made to cover absence of members regularly
assigned to the unit. Association members cannot refuse assignment to staff the
paramedic ambulance.
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2.4.4. Third Paramedic Unit
The Fire Department operates three paramedic ambulance units. One of the
paramedic units will be staffed with a minimum of one (1) EMT -P and one (1) EMT.
Two of the paramedic units will be staffed with two (2) EMT -P. Which unit will
operate with one (1) EMT will be decided by the Fire Chief in his discretion and may
vary on different platoons.
2.5. Other Compensation
2.5.1. Uniform Allowance
Uniform members of the Fire Department shall receive a uniform allowance in the
amount of $212.50 at the completion of each six months of service ending June 30
and December 31. A pro -ration at the rate of $35.42 per month may be given for a
portion of the first and last six months of service upon recommendation of the
Department Head and approval of the City Manager.
The Fire Department will provide for a reimbursement safety boot allowance program
for safety employees. Between January 1 and January 30tt of each even number
year safety employees seeking a reimbursement must submit receipts to receive up
to a maximum of $160.00 reimbursement for the purchase of new safety boots.
Receipts for reimbursement shall be honored if they are submitted in a timely fashion
and the receipt is for a safety boot purchase during the previous period ending
December 31St of each odd number year.
2.5.2. Call -Back
Employees covered by this Memorandum of Understanding shall be paid at a rate of
time and one-half of the affected employee's regular hourly rate. Whenever an
employee is asked to continue his/her work past the scheduled duty day or is called
back to unscheduled duty by the Department. In such cases, a minimum of two
hours callback pay shall be paid.
CHAPTER 3.0. PROBATIONARY PERIOD
3.1. Purpose of Probation
The purpose of probation is to give the City an opportunity to evaluate an employee's
performance prior to the employee entering regular status.
3.2. Periodic Probationary Evaluations
After passing an examination and accepting appointment, each employee shall serve
a probationary period. During this probationary period the employee's performance
shall be evaluated at least twice, once during the fourth (4th) month and once during
the eighth (8th) month. The results of these evaluations shall be discussed with the
employee.
Page 13
3.3. Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve
(12) months.
3.4. Rejection During Probation
During the probationary period an employee may be rejected at any time by the Fire
Chief without the right of appeal, except as provided by law.
3.5. Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness
or injury or compelling personal situation during which time the employee was unable
to work. In such cases, the probationary period may be extended for the length of
time the ill or injured employee was unable to work.
3.6. Notification of Extension of Rejection
On determining that a probationary employee's work is not satisfactory, the Fire
Chief shall notify the Human Resources Manager in writing of his/her intention to
extend the employee's probationary period or reject the employee. After discussion
with the Human Resources Manager, the Fire Chief shall notify the employee in
writing of his/her extension or rejection.
3.7. Regular Status
For the purpose of this agreement, regular status shall mean; full time, non -
probationary status. Regular status shall commence with the day following the
expiration date of a probationary period.
3.8. Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a
higher classification. When an employee is promoted under such circumstances, the
probationary period of the lower classification shall be suspended. This suspension,
the new promotional probationary period and the promotional appointment shall
commence on the same date.
3.9. Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee held regular status
prior to his/her promotion. If the employee was serving a probationary period at the
time of promotion, the suspension of the prior probationary period shall be lifted, the
employee shall be reinstated to probationary status in the prior classification and the
remainder of that period shall be served. Provided, however, that if the cause for not
passing the promotional probationary period is sufficient grounds for dismissal, the
employee shall be subject to dismissal without reinstated to the lower position.
Page 14
CHAPTER 4.0. SELECTION
4.1. Promotional Recruitments
Recruitments in the Firefighter series to the rank of Fire Engineer and Fire Captain
shall be promotional. In the event that no qualified candidates are identified through
the examination process, the position(s) will remain vacant and another promotional
recruitment will begin in six (6) months. This will continue until a qualified candidate
is found.
4.2. Fire Captain Qualifications
Option 1
A. Four (4) years full time suppression experience in the Firefighter series.
B. Associate Degree in Fire Science or Fire Technology.
C. San Rafael Fire Department Engineer Certification or Engineer Rank.
-or-
Option 2
A. Five (5) years full time suppression experience in the Firefighter series.
B. Completion of the S.B.F.S. Fire Officer curriculum.
C. San Rafael Fire Department Engineer Certification or Engineer rank.
-or-
Option 3
A. Ten (10) years full time suppression experience in the Firefighter series.
B. San Rafael Fire Department Engineer Certification or Engineer rank.
If, by January 1, 2008, the San Rafael Fire Department has hosted a minimum of
one session each of NWCG S-230 and S-290, the Fire Captain Qualifications for
tests after January 1, 2008 will be as follows:
Option 1
A. Four (4) years full time suppression experience in the Firefighter series.
B. Associate Degree in Fire Science or Fire Technology.
C. San Rafael Fire Department Engineer Certification or Engineer Rank.
D. Completion of NWCG S-230 and S-290 curriculum.
E. State Board of Fire Services Fire Officer Certification.
- or -
Option 2
A. Five (5) years full time suppression experience in the Firefighter series.
B. State Board of Fire Services Fire Officer Certification.
C. San Rafael Fire Department Engineer Certification or Engineer rank.
D. Completion of NWCG S-230 and S-290 curriculum.
-or-
Page 15
Option 3
A. Ten (10) years full time suppression experience in the Firefighter series.
B. San Rafael Fire Department Engineer Certification or Engineer rank.
C. Completion of Fire Command 1 A and 1 B.
D. Completion of NWCG S-230 and S-290 curriculum.
For the purpose of definition, in 4.2., Firefighter series shall mean the following job
classes: Firefighter, Fire Engineer and Fire Captain.
4.3. Rule of Three
Appointments made off of departmental promotional lists or open lists for Fire
Department vacancies which have Fire Department employees on them require filling
of vacancies from within the top three names on a certified list as follows:
1 opening =
3
candidates
2 openings =
4
candidates
3 openings =
5
candidates and etc.
The Human Resources Manager may remove a name of an eligible employee from a
list if he/she has been rejected or passed over three times by the appointing
authority.
Nothing herein shall require use of a Rule of Three for entry-level selections, which
shall be subject to a Rule of the List. Should the number of candidates fall below the
stated number for the vacancy openings, the Human Resources Manager may certify
an eligibility list in accordance with the City's Personnel Rules and Regulations
Section 6.6.
4.4. Transfers
4.4.1. Type of Transfers
Transfers may be within the same department (intra -departmental) or between
departments (inter -departmental). The requirements for each are as follows:
A. Inter -departmental transfers. An employee may be transferred from a position in
one department to a position in the same classification in another department,
with the recommendation of the two department heads and the approval of the
City Manager.
B. Voluntary transfers. An employee may make a written request for transfer to the
Personnel Director to a position in the same or similar classification with the same
salary range. Such a request may be made on the recommendation of the
affected department head(s) and the approval of the City Manager.
Page 16
4.4.2. Minimum Qualifications and Probation
Any persons transferred to a different classification shall possess the minimum
qualifications for that classification. In the case of a voluntary transfer, the employee
shall serve a six (6) month probationary period.
CHAPTER 5.0. HEALTH AND WELFARE
5.1. Health, Life, Accident and Disability
A. 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. Selection must include the employee's basic health plan offered by the City,
unless the employee can show proof of insurance; and the $5,000 term life
insurance policy offered by the City.
C. Payback. On January 1, 2000 the cash option on the payback was
eliminated. Instead, employees eligible for the full amount of the unused
portion of the City's contribution toward group insurance premiums as stated
in Section 5.1.A. would be required, within 60 days of eligibility, to enroll in one
of the City's optional deferred compensation plans in order to receive this
benefit. Failure to do so within the 60 day period would not eliminate the
employee's opportunity, but the new effective date would be the month
following enrollment and the employee would not be eligible for retroactive
payments.
D. Members of the Firefighters Association may choose to subscribe to a long
term disability (LTD) plan other than that offered by the City as long as there is
no cost to the City.
E. Upon reasonable advance notice to the Association, the City shall have the
option of either contracting with the Public Employees Retirement System
(PERS) Health Benefits Division for health insurance or contracting directly
with some or all of the providers of health insurance under the PERS program;
provided, however, contracting directly with the providers shall not cause any
material reduction in insurance benefits for active or retired employees from
those benefits available under the PERS program; and provided further such
contracting shall not cause a material increase in premiums for either the City
or the employees. There shall be no requirement for the City to meet and
confer upon the City's exercising the option described above in accordance
with the provisions of this paragraph.
Page 17
5.2. Retiree's Health Insurance
The City will make a contribution each month towards each retiree's PERS
health insurance for any two party rate not to exceed $557 per month.
5.3. Dental Plan
A. The City will provide a dental insurance program providing 100% coverage
for diagnostic and preventative care; $25.00 deductible on corrective care
(80/20 cost sharing after deductible) per calendar year 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.
C. The City will pay the entire premium cost for such a dental plan and shall
pay the entire cost for any premium rate increases occurring during the
term of this agreement.
D. The 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.
5.4. Joint Benefits Committee
Both parties agree to continue to utilize the Joint Benefits Committee for on-going
review of benefit programs, cost containment, and cost savings options. The
committee shall be made up of representatives of Miscellaneous, Supervisory,
Police, Fire and Management employees
5.5.1. Retirement Contribution
Bargaining unit members shall pay the full share of the employee's contribution to
the Marin County Retirement System.
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. Miscellaneous and safety member contribution rates include both
the basic and COLA portions (50% of COLA is charged to members as defined in the
1937 Act).
5.5.2. Retirement Plans
On January 1, 2007, 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
Page 18
Retirement Association procedures and regulations and applicable 1937 Act laws
that govern such plans.
On January 1, 2007, the City shall provide the Marin County Employee Retirement
Association 2.7% at 55 -retirement program to all miscellaneous members, as defined
under the 1937 Act Government Code Section 31676, subject to Marin County
Employee Retirement Association procedures and regulations and applicable 1937
Act laws that govern such plans.
5.6. Vacation
5.6.1. Policy Statement
Three (3) members per shift shall be allowed off on vacation during all months of the
calendar year. Vacation shall be administered in accordance with current Fire
Department policy, which is incorporated by reference.
5.6.2. Vacation Cash -In
Any represented employee with at least twenty (20) years of continuous service in
the San Rafael Fire Department, shall have an opportunity to cash in up to a
maximum of 144 hours of accrued, unused vacation time. The affected employees
may only exercise this option one time during their San Rafael Fire Department
career, regardless of the total number of hours requested for this vacation cash in
option. Funding source for these requests shall first come from available revenue
sharing dollars and then other appropriate General Fund accounts.
5.6.3 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 of 225 hours for 40 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 5.6.6 allowing for
additional accrual time. This one time payment will be made with the second pay
check in February of 2007. This one time payment will not affect the employee's
ability to participate in the annual vacation cash in for 2007 and subsequent years.
5.6.4 Vacation Conversion
An employee is eligible to request a conversion of vacation time to a cash payment
in May or November in any fiscal year in accordance with the following:
1. A 40 hour per week employee who has taken at least ten (10) days of
vacation in the preceding twelve (12) months and has accrued vacation during
that time may request up to seven 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
Page 19
that time may request up to five shifts of vacation conversion.
Such requests may be granted at the discretion of the City Manager and shall not
conflict with Section 5.6.2.
5.6.5. Vacation Relief
Beginning January 2005, the City converted to the constant staffing model and was
no longer hiring vacation relief positions. Should the City wish to return to using
vacation relief, following meeting and conferring with the Firefighter's Association on
the implementation of such change, primary selection for vacation relief will occur
annually and will be voluntary based on seniority (those employees in the Firefighter
job class with the most seniority in the Fire Department will have the first opportunity
to sign up for vacation relief.
If through the above reference voluntary selection process the department is unable
to identify an adequate number of firefighters for this annual assignment employees
will be assigned by the department using a least senior (seniority within the Fire
Department) procedure.
Employees volunteering and/or being assigned to the vacation relief assignment
must have completed two years with the San Rafael Fire Department as a safety
member. At no time will there be more than two (2) Firefighter/Paramedics per shift
assigned to Vacation Relief.
Those employees assigned to this annual vacation relief assignment shall be paid
$125.00 per month.
No employee shall serve more than three (3) consecutive years on vacation relief.
After three (3) years of not serving on vacation relief, such employee may then work
up to three (3) consecutive years on vacation relief.
5.6.6. 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 rate shown in
the charts below:
Page 20
5.6.7 Vacation Accrual Cap
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 40 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 received 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
Page 21
For 40 hour per week employees
MONTHS OF
ACCRUAL PER
ACCRUAL PER PAY
SERVICE
YEAR
PERIOD
0 —35 months
10 days or
3.33 hours
80 hours
36 — 119 months
15 days or
5.0 hours
120 hours
120 — 179 months
20 days or
6.66 hours
160 hours
180+ months.
25 days or
8.34 hours
200 hours
For 56 hour per week employees
MONTHS OF
ACCRUAL PER
ACCRUAL PER PAY
SERVICE
YEAR
PERIOD
0 — 35 months
5 shifts or 120 hours
5.0 hours
36 — 119 months
7.5 shifts or 180 hours
7.5 hours
120 —179 months
10.0 shifts or 240
10 hours
hours
180+
12.5 shifts or 300
12.5 hours
hours
5.6.7 Vacation Accrual Cap
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 40 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 received 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
Page 21
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.
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.
Upon termination, an employee shall be compensated in cash at his/her current rate
of pay for any vacation accrued but not taken, up to the maximum accrual cap,
provided that the employee has successfully completed his/her initial probationary
period.
5.7. Sick Leave
5.7.1. Accrual
Each eligible full-time employee working a 56 hour work week shall earn sick leave
credits at the rate of twelve (12) hours per month. Represented employees working
a 40 hour work week shall continue to earn sick leave credits at the rate of eight (8)
hours per month.
All eligible full time employees shall earn sick leave credits at the rates specified
above, commencing with the date of employment. Unused sick leave may be
accumulated to any amount but a cap exists for payoff purposes (see 5.7.3.). The
sick leave accrual rate is prorated for eligible part time employees.
5.7.2. Sick Leave Usage
An employee eligible for sick leave with pay will be granted such leave with approval
of the department head for the following purposes:
a) Personal illness of the employee or illness within the immediate family (immediate
family under 5.7.2. a. is defined as employee's spouse, dependent children
and/or employee's parents, not in-laws) or physical incapacity of the employee
resulting from causes beyond the employee's control; or
b) Enforced quarantine of the employee in accordance with community health
regulations; or
c) In the event of a death or critical illness in the immediate family, an employee
may, upon proper notification, be allowed to be granted an absence up to five (5)
consecutive calendar days (combining duty and off duty days), using sick leave
as needed during this period of absence, for such a circumstance either in or out
of state. Where such death or critical illness has occurred, the employee will be
expected to furnish satisfactory evidence of the situation to the Fire Chief if
requested. The employee may request, and on approval of the Department
Page 22
Head, receive additional sick leave hours off in the event of such a death or
critical illness in the immediate family. The immediate family is defined as spouse,
children, parents, grandparents, brothers or sisters.
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 permanent and
stationary. The Association acknowledges the Fire Chiefs right to investigate sick
leave abuse.
5.7.3. Sick Leave Payoff
Upon termination of employment by resignation, retirement or death, employees who
leave the municipal service in good standing shall receive compensation of all
accumulated unused sick leave, based upon the rate of two percent (2%) of each
year of service to a maximum of fifty percent (50%). The maximum accrual limits for
sick leave payoff purposes are 1,200 hours for employees working a 40 hour work
week and 1,680 hours for employees working a 56 hour work week. Sick leave
payoff would be subject to a maximum of 600 hours for 40 hour per week employees
and 840 hours for 56 hour per week employees, subject to the 2% per year formula
noted above.
5.7.4. 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 July 1, 1999, 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 5.7.3 — Sick Leave
Payoff.).
5.8. Leave Conversion to Hour for Hour
5.8.1. Accrued Balance Conversion
On January 1, 1995, each employee covered by this Memorandum of Understanding
working a regularly scheduled 56 hour work week had their current balances of
accrued sick leave hours and accrued vacation leave hours multiplied by a factor of
1.5. The resulting figures then became each employees' new accrued balances of
sick and vacation leave.
5.8.2. Sick and Vacation Leave Usage
Each employee covered by this Memorandum of Understanding shall have one (1)
hour of sick leave or one (1) hour of vacation leave, as appropriate, deducted from
their accrued balance for each hour of leave used during any reportable 24 hour
period.
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5.8.3. Hourly Rate for Leave Payoff
Effective with the conversion to hour for hour reporting, the hourly rate used for leave
payoff purposes shall be based on 2080 annual work hours for represented job
classes working a 40 hour work week and 2912 annual work hours for represented
job classes working a 56 hour work week.
5.9. Holidays
5.9.1. Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to
the following holidays:
*January 1
*Third Monday in January
February 12
Third Monday in February
March 31
*Last Monday in May
*July 4
*First Monday in September
September 9
As observed by the City of San Rafael
*As observed by the City of San Rafael
As observed by the City of San Rafael
*December 25
5.9.2. Holiday Pay
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's Birthday
Cesar Chavez Birthday
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
All 56 hour a week shift employees covered under this Memorandum of
Understanding are entitled to additional straight time compensation for every holiday
given in 5.9.1. Above. Said compensation shall be paid twice each year on the first
pay period of December and the first pay period of June. Holiday pay formula will be
based on a 56 hour work week (2,912 hour year for calculating the hourly rate for a
twelve hour day).
All 40 hour week shift employees covered under this Memorandum of Understanding
are entitled to the aforementioned holidays off or shall be paid in addition to their
regular salary for the number of hours worked during such a day at the rate of
straight time based on their standard hourly rates.
5.9.3. Holiday Routine
In addition to the emergency responses, the holiday routine shall consist only of the
normal daily emergency preparedness, routine maintenance of facilities and
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equipment and the related administrative work. Employees assigned to work on
holidays asterisk above (*) shall observe the holiday routine.
5.10. Other Leaves
5.10.1. Family Medical Leave/California Family Rights Act
Family leave shall be granted in accordance with the Federal FMLA of 1993 and the
CFRA of 1991. Requests for Family leave are submitted to the Fire Chief for
approval and reviewed by the Human Resources Manager for consistency with the
law prior to approval.
5.10.2. Military Leave
Military leave as defined in State law shall be granted to any regular employee.
All employees entitled to Military Leave shall give the Fire Chief a reasonable
opportunity, within the limits of military regulations, to determine when such leave
shall be taken.
5.10.3. Workers Compensation Leave
Safety employees shall be governed by the provisions of Section 4850, et seq. of the
Labor Code. Non safety employees shall be governed by applicable state law and
City Rules and Regulations. Refer to 5.7.2. for qualifications regarding use of
accrued sick leave.
5.10.4. Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with
pay from their assigned duty until released by the court. The employee shall notify
his/her employer in advance when summoned for jury duty. If the employee is a shift
employee and is selected to serve on a jury, said employee shall not be required to
perform duty during non court hours until released by the court.
5.10.5. Court Appearance
Employees required to appear in court or other official hearings shall be granted a
leave of absence with pay from their assigned duty until released by the Court.
Employees required to appear in Court or other official hearings other than during
their regular tour of duty shall receive a minimum of four (4) hours pay at the
overtime rate and shall appear in Class A uniform. The Fire Department, when
informed, shall provide appearance information for the employees. This information
shall be made available, if known, by 6:00 p.m. on the last court day preceding the
scheduled appearance date of the employee. Employees will be responsible for
calling the dispatcher after 6:00 p.m.
5.11 Deferred Compensation Plan Proposal
Over the course of this Agreement, the City will provide up to two deferred
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compensation plan providers, as allowed under the Internal Revenue Code Section
457. Costs of the plan are solely the responsibility of employees. No City
contributions are provided for employees, except under the Payback provision
identified in Section 5.1 C of this Memorandum of Understanding.
5.12 125 Plan
The City will offer a Section 125 Plan as long as such a plan is desired by the
Association and available pursuant to the IRS Code. 125 Plans offered by the City
include:
a. Out-of-pocket medical expenses that qualify under the IRS Code effective
January 1, 2006 at IRS Code limit, not to exceed $5,000. Employees are
responsible to pay the monthly administrative fee and any increase
established by the third party administrator. Employees must have passed
initial probation period on or before the December 31St prior to each
enrollment calendar year (example: employee must have successfully
completed this probation by 12/31/06 in order to enroll for calendar year
2007.
b. Dependent care expenses that qualify under the IRS Code at the IRS
Code limit (currently $5,000 for calendar year 2006). Employees are
responsible to pay the monthly administrative fee and any increase
established by the third party administrator.
C. Excess Medical premiums shall be deducted from employee's pay with
pre-tax dollars as long as such deduction is allowable under the applicable
IRS Code.
City shall establish annual enrollment period and each employee must re -enroll
annually for either plan noted in a. and/or b. 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.
CHAPTER 6.0. HOURS
6.1. Hours of Work
All suppression employees and dispatchers covered by this Memorandum of
Understanding shall work a fifty-six (56) hour work week with a three (3) platoon
system. A work shift shall be defined as twenty-four (24) consecutive hours,
commencing at 0800 and continuing through 0800 the following day. A set shall be
defined as two twenty-four hour shifts worked consecutively.
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6.2. Work Schedule
Employees in this unit shall be assigned to either 40 hours per week or twenty-four
hour shifts. All suppression employees and dispatchers work a fifty-six (56) hour
work week in twenty-four (24) hour shifts within a twenty-four (24) day cycle as listed
below (commonly referred to as the "2X4" schedule):
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XXOOOO/XXOOOO/XXOOOO/XXOOOO
Fire prevention and dispatch personnel may work different schedules according to
administrative needs. The work week will consist of 40 hours or 56 hours
respectively.
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. It is
acknowledged by all parties that if a Fire Captain, Fire Division Chief or Fire Battalion
Chief determines that an employee is too fatigued to continue work, said Officer is
authorized to send the employee home on sick leave. Any employee working the
suppression schedule described above may agree to transfer to prevention, training
or other special assignment, subject to the approval of the Fire Chief. If transferred
to the forty (40) hour work week in such a capacity outlined above, such employee
shall receive five percent (5%) premium pay. The length of the transfer shall be two
(2) years, but may be modified by mutual agreement between the employee and the
Fire Chief.
6.3. FLSA Overtime
Overtime shall be calculated pursuant to the Fair Labor Standards Act.
6.4. Overtime
All employees covered by this Memorandum of Understanding shall be paid at the
rate of time and one-half of their established hourly rate for time worked in excess of
their regular forty (40) hour or fifty-six (56) hour work week. There shall be no
compensatory time off; all overtime shall be paid overtime. Overtime shall be
administered in accordance with the provisions of Policies and Procedures Manual 1-
V-17, which is hereby incorporated by reference.
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Effective December 1, 1994, dispatch personnel shall receive overtime pay in
accordance with the provisions and calculated in the same manner as FLSA
overtime for suppression personnel (sleep and/or meal time is not subtracted from
their hours worked for the purposes of calculating FLSA overtime).
CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT
7.1. Staffing Levels
Through attrition, the City may reduce the number of captains to eighteen (18), the
number of engineers to eighteen (18), and the number of full-time dispatchers to
three (3), operating from six (6) fire stations. Any other changes in the current
staffing levels will be subject to meet and confer.
7.2. Grooming Standards
All personnel covered by this Memorandum of Understanding shall conform to the
Grooming Standards specified in Departmental Policy 1 -VI -2 and said policy is
hereby incorporated by reference.
7.3. Career Development Program
The San Rafael Firefighters Association agrees to the Career Development
Guidelines as written and agreed to March 17, 1982, to be placed in this
Memorandum of Understanding with the inclusion of the following:
7.3.1. Engineer Certification Policy
Career Development Guidelines regarding Engineer Certification Policy 1-V-10
revised January 1989 is attached as Exhibit "C" and the Career Development Guide
for Firefighter Policy 14-9 revised January 1989 is attached as Exhibit "B" shall both
be placed in this Memorandum of Understanding.
7.3.2. Responsibility for Implementation
The Fire Chief and his management staff shall have responsibility for the
implementation of the Career Development Guidelines as written and approved in
Policy 1-V-10, revised January 1989, and attached as Exhibit "C" and the Career
Development Guide for Firefighters Policy 1-V-9, revised January 1989 and attached
as Exhibit "B" to this Memorandum of Understanding.
7.3.3. Program Guidelines
If guidelines are not followed by the department as written, concerned member(s)
shall not be subject to disciplinary action. The City has the obligation to ensure that
the employee is provided sufficient time and training to meet the standards at the
required times.
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7.3.4. Order of Completion
There shall be no required order in completion of desired requirements.
7.4. Station Transfers
Station transfer will be in accordance with department policy 1-V-24, Station Bid
Preference Guideline, which is hereby incorporated by reference.
7.5. No Smoking
An applicant for a non -promotional safety position in the Fire Department shall be
disqualified from employment if he/she has smoked tobacco within one (1) year
preceding the date of filing an application for such employment and through the
probationary period of one year.
7.6. EMT -D Certification
EMT -D certification is a requirement for each employee with a safety classification.
The certification is to be conducted on duty, between the hours 0800 and 1700, and
counted as a portion of the eight-hour routine duty day.
7.7. Demotion
The Fire Chief may demote an employee when the following occurs:
A. The employee fails to perform his/her required duties.
B. An employee requests such a demotion.
No employee shall be demoted to a classification for which he/she does not possess
the minimum qualifications.
When the action is initiated by the Fire Chief, written notice of demotion shall be
provided to an employee at least ten (10) calendar days before the effective date of
the demotion, and a copy filed with the Personnel Department.
Demotion pursuant to Section 7.8, Part A of this Memorandum of Understanding
shall be deemed disciplinary action and as such shall be handled according to the
provisions in Chapter 8, Disciplinary Action, of this Memorandum of Understanding.
7.8. Termination of Employment
7.8.1. Resignation
An employee wishing to leave the City service in good standing shall file with his/her
immediate supervisor, at least fourteen (14) calendar days before leaving the
service, a written resignation stating the effective date and reason for leaving. A
copy of the resignation shall be forwarded to the Fire Chief and the Personnel
Department.
Page 29
7.8.2. Termination/Demotion - Lack of Work or Funds
The Fire Chief may terminate an employee because of reorganization, abolition of
position, and shortage of funds. Said termination shall be considered a Reduction In
Force and shall be processed in accordance with Chapter 10 Reduction in Force of
this Memorandum of Understanding.
7.8.3. Termination - Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Chapter
Eight (8) Disciplinary Action of this Memorandum of Understanding.
7.8.4. Termination - Probation
The rejection of an employee during his/her initial probationary period is covered in
Chapter Three (3) probationary period of this Memorandum of Understanding.
7.8.5. Retirement
Retirement from the City service shall, except as otherwise provided, be subject to
the terms and conditions of the City's contract, as amended from time to time, with
the Marin County Retirement System.
7.9. Shift Trade Policy
To provide a mechanism which will enable Fire Department members to take a
normally assigned work shift off without having to use vacation time, a shift trade
policy has been implemented. Refer to Policy 1-V-14.
Effective July 1, 2005 the maximum annual allowable shift trades was increased to
24 shifts (576 hours).
CHAPTER 8.0. DISCIPLINARY ACTION
8.1. Authority
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as
required or to observe the Department's safety rules and regulations or for engaging
in strikes, individual or group slowdowns or work stoppages, or for violating or
ordering the violation of the Memorandum of Understanding.
8.2. Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary,
and/or suspension resulting in loss of pay.
8.3. Causes of Disciplinary Action
The City may discipline or discharge an employee for the following:
Page 30
A. Fraud in securing appointment.
B. Negligence of duty.
C. Violation of safety rules.
D. Unacceptable attendance record including tardiness, overstaying lunch or
break periods.
E. Possession, distribution or under the influence of alcoholic beverages,
non-prescription or unauthorized narcotics or dangerous drugs during
working hours.
F. Inability, unwillingness, refusal or failure to perform work as assigned,
required or directed.
G. Unauthorized soliciting on City property or time.
H. Conviction of a felony or conviction of a misdemeanor involving moral
turpitude.
I. Unacceptable behavior toward (mistreatment or discourteousness to) the
general public or fellow employees or officers of the City.
J. Falsifying employment application materials, time reports, records, or
payroll documents or other City records.
K. Disobedience to proper authority.
L. Misuse of City property.
M. Violation of any of the provisions of these working rules and regulations or
departmental rules and regulations.
N. Disorderly conduct, participation in fights, horseplay or brawls.
O. Dishonesty or theft.
P. Establishment of a pattern of violations of any City policy or rules and
regulations over an extended period of time in which a specific incident in
and of itself would not warrant disciplinary action, however, the cumulative
effect would warrant such action.
Q. Failure to perform to an acceptable level of work quality and quantity.
R. Insubordination.
S. Other acts inimicable to the public service.
T. Inability or refusal to provide medical statement on cause of illness or
disability.
8.4. Appeals
If an employee feels he or she has been unjustly disciplined/discharged, he or she
shall have the right to appeal his or her case through the appropriate procedure
(Chapter 9). Such appeal must be filed with the City Manager or 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.
8.5. City Manager and Arbitration
The appellant may have the appeal heard by to the City Manager or may request
arbitration. If arbitration is requested, representatives of the City and the appellant
shall meet within fourteen (14) calendar days to select a mutually acceptable
Page 31
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. 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.
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 MOU.
CHAPTER 9.0. GRIEVANCE PROCEDURE
9.1. Definition
A grievance is any dispute, which involves the interpretation or application of any
provision of this Memorandum of Understanding, or any Fire Department policy
specifically referenced herein. Policy 1 -VI -3 is specifically incorporated by reference.
9.2. Initial Discussions
Any employee who believes that he or she has a grievance may discuss his or her
complaint with the Fire Chief or with such subordinate management official as the
Fire Chief may designate. If the issue is not resolved within fourteen (14) calendar
days, or if the employee elects to submit his or her grievance directly to an official of
the association, the procedures hereafter specified shall be invoked.
9.3. Referral to City Manager
Any employee or any official of the Association may notify the City Manager and Fire
Chief in writing that a grievance exists, and in such notification, state the particulars
of the grievance, and, if possible, what remedy or resolution is desired.
No grievance may be processed under subsection 9.4 below, which has not been
first heard and investigated in pursuance of subsection 9.2. A grievance which
remains unresolved fourteen (14) calendar days after it has been submitted to the
City Manager in writing may be referred to arbitration.
Any time limit may be extended to a definite date by mutual agreement of the
Association and the appropriate management representative.
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9.4. City Manager and Arbitration
If the grievance is not resolved, the grievant, the Association, or the City may, after
completion of the previous step in the grievance procedure, submit the grievance
directly to the City Manager or may request arbitration. If arbitration is requested,
representatives of the City and the Grievant shall meet within fourteen (14) calendar
days to select a mutually acceptable arbitrator (the selection process shall include
the review of the arbitrator's availability). 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
days of the selection of the arbitrator unless the mutually accepted arbitrator's
schedule does not so permit, and the arbitrator shall render a decision which is
binding on the parties hereto, to the extend permitted by the Charter of the City.
CHAPTER 10.0. REDUCTION IN FORCE
10.1. Authority
The Fire Chief may lay off, without prejudice, any regular employee because of lack
of work or funds, or organizational alterations, or for reasons of economy or
organization efficiency.
10.2. Notice
Employees designated for layoff or demotion in lieu of lay off shall be notified in
writing at least thirty (30) calendar days prior to the anticipated date of lay off or
demotion. The Association shall also be so notified.
10.3. Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is
defined as a position or number of positions having the same title, job description,
and salary. Extra -hire employees shall be laid off before permanent employees in
the affected classification. In effecting the preceding order, a part-time permanent
employee with more seniority can displace a full-time permanent employee.
10.4. Seniority
If two or more employees within a classification have achieved permanent status,
such employees will be laid off or reduced on the following basis:
A. Seniority within the affected classifications will be determinative. Such
seniority shall include time served in higher classification (s). The
computation of seniority for part-time employees will be credited on a pro -
rata basis to full-time service. Time spent on a City Manager approved
leave of absence without pay does not count toward seniority.
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B. If the seniority of two or more employees in the affected classification or
higher classification(s) is equal, departmental seniority shall be
determinative.
C. If all of the above factors are equal, the date of regular status in City
service is achieved shall be determinative.
D. If all of the above are equal, date of certification for appointment shall be
determinative.
10.5. Bumping Rights
An employee designated to be laid off may bump into a class at the same salary
level, or into the next lower classification in which such employee has previously held
regular status. An employee, who is bumped, shall be laid off in the same manner
as an employee whose position is abolished.
10.6. Transfer Rights
The Personnel Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee
may qualify. The length of eligibility for such transfer will be the period of notification
as provided in 10.2, but no longer than the effective date of such layoff or reduction.
10.7. Re -Employment
10.7.1. General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the
same classification in which they held status in the order of seniority in the
classification. Individuals demoted in lieu of reduction in force shall be offered
restoration to the highest class in which they held status and in which there is a
vacancy prior to the appointment of individuals who have been laid off.
10.7.2. Right to Re-employment
Each person who has been laid off or demoted in lieu of a layoff from a position the
person held, shall, in writing, be offered re -appointment in the same classification
should a vacancy occur in the classification within two years after the layoff or
demotion. Prior to being re-employed, the employee must pass a physical exam
administered by a City appointed physician and must pass the background check
administered by the City.
10.7.3. Time Limits
Should the person not accept the re -appointment within seven (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
Page 34
considered unavailable for employment, shall forfeit the right to re-employment and
be removed from the re-employment list.
10.7.4. Availability
Whenever a person is unavailable for re-employment, the next senior person who is
eligible on the re-employment list shall be offered re-employment.
10.7.5. Probationary Status
Employees re -appointed under the provisions above will not be required to complete
a new probationary period if they had previously held permanent status in the
classification. Employees who had not completed their probationary period shall
serve the remainder of the probationary period upon re -appointment.
10.7.6. Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned
from a leave of absence for the purpose of all rights and benefits legally permissible.
Time not on the payroll will not count as time worked for the purposes of seniority
accrual.
CHAPTER 11.0. MISCELLANEOUS
11.1. Management and Miscellaneous Positions
The position of Fire Chief is deemed a management position and included in the
Resolution Pertaining to the Compensation and Working Conditions for
Unrepresented Management and Mid -Management Employees for salaries and
fringe benefits. The Fire Division Chief, Fire Battalion Chief - Operations, and
Administrative Chief are deemed mid -management positions and are included in the
San Rafael Fire Chief Officers' Association schedules for salaries and fringe
benefits. The Fire Department clerical personnel are included in the S.E.I.U. 949
Supervisory and Miscellaneous Units Memorandum of Understanding, with the
exception of the Administrative Assistant to the Fire Chief position, which is part of
the Association of Confidential Employees.
11.2. Use of Fire Apparatus for Shopping
Affected employees will be allowed to use fire vehicles for shopping. Affected
employees shall carry a portable radio or alert device and shall remain ready to
respond to any call received.
11.3. Physical Fitness Program
The San Rafael Firefighters Association and the San Rafael Fire Department agree
that physical fitness of its members is a benefit to the individual employees and the
department. While ultimately the responsibility of the individual employee, Station
Captains will provide time for a physical fitness program.
Page 35
The department will ensure that sufficient time is made available to the Captains,
through their activity schedule, so that the Captains may, at times convenient to their
individual companies, implement the program. The department will not require
evaluations based upon this voluntary program.
11.4. Medical Standards
The City will establish pre-employment medical standards for all classifications
represented by the San Rafael Firefighters' Association, I.A.F.F., Local 1775. A
medical standards ordinance to be applicable to Fire Department personnel in the
classification of Firefighter, Engineer, and Captain will be discussed by the City and
the Association and will be adopted only after mutual agreement by both parties.
11.5. Personnel Rules and Regulations
The City and the Association met and conferred over a revision to the City's Rules
and Regulations and agreement was reached in October of 1995. Prior to final
consideration of any future, proposed amendments to these rules that constitute a
change in or impacts wages, hours or terms and conditions of employment, said
proposed amendment(s) shall be subject to the provisions of the Meyers-Milias-
Brown (MMB) Act.
11.6. Drug and Alcohol Policy
The City and the Association both support a drug and alcohol free work place and
agree to continue to meet and confer over a comprehensive drug policy. It is
understood that the policy will apply to all represented departmental employees and
non -represented fire safety employees.
11.7. Light Duty Policy
Light duty is offered to employees with temporary medical disabilities under the
following circumstances:
1. Must be medically authorized by the individual's treating physician.
2. Any and all work restrictions or modifications necessary to accommodate the
employee's temporary disability must be thoroughly defined.
3. There must be actual light duty work available that can accommodate the
temporary modifications.
4. This option is available to all employees whether the debilitating injury
occurred on or off duty.
5. Light duty will be applied in a non-discriminatory manner.
6. All light duty assignments will consist of work, which falls within the scope of
regular employment in the Fire Department, which can accommodate
prescribed temporary physical limitations. Light duty assignments may
include, but are not limited to, departmental work such as: dispatching, fire
prevention, running supplies and administrative projects. Light duty will be the
Page 36
only circumstance where an employee will be required to perform duties
outside of his/her job description. It is understood and agreed that light duty
assignments will be confined to the Fire Department.
11.8. Association Meetings with the Fire Chief
The Fire Chief and/or Staff members designated by the Fire Chief, along with the
representatives of the Association, shall strive to meet at least quarterly to discuss
topics and issues of mutual concern. Meetings may be called by either party. The
parties will attempt to schedule the meeting within fourteen (14) calendar days of the
request for the meeting, unless otherwise mutually agreed. The parties will develop
and share an agenda for the meeting at least twenty-four (24) hours prior to the date
of the meeting.
11.9. Safety Committee
11.9.1. Fire Department Committee
In order to promote health and safety among the Fire Department employees, a joint
committee of seven (7) will be established with equal representation and authority,
with four (4) employees to be designated by the Fire Chief and three (3) employees
designated by the Association. This committee shall be called the Health and Safety
Committee. The committee shall strive to meet regularly at least once a month in
order to review accident records and other data bearing on the employee's health
and safety. The committee shall make recommendations for the correction of any
undesirable conditions, which may be found to exist.
11.9.2. City -Wide Committee
If the City reinstates a City wide Safety Committee, one member designated by the
Firefighter's Association shall serve on this committee.
11.10. Outside Employment
No regular employee shall engage in any employment, activity or enterprise for
compensation which is inconsistent, incompatible, in conflict with or inimicable to
his/her duties with the City. It is the intent of this provision to exercise the authority
granted by Section 1126 of the Government Code, subject to the limitations provided
therein.
CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE
12.1. Inspection of Memorandum of Understanding
Both the City and the Association agree to keep duplicate originals of this
Memorandum on file in a readily accessible location available for inspection by any
employee or member of the public upon request.
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12.2. Existing Laws, Regulations and Policies
This Memorandum is subject to all applicable laws.
12.3. Strikes and Lockouts
During the term of this Memorandum of Understanding, the City agrees that it will not
lock out employees, and the Association agrees that it will not agree to, encourage,
or approve any strike or slow down growing out of any dispute relating to the terms of
this Agreement. The Association will take whatever lawful steps are necessary to
prevent any interruption of work in violation of this Agreement.
12.4. Full Understanding, Modification, Waiver
12.4.1. Joint Representation
The parties jointly represent to the City Council that this Memorandum of
Understanding sets forth the full and entire understanding of the parties regarding
the matters set forth herein.
12.4.2. Modification/Waiver
Except as specifically otherwise provided herein, it is agreed and understood that
each party hereto voluntarily and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect to any subject or matter
covered herein, nor as to wages or fringe benefits during the period of the term of
this Memorandum. The foregoing shall not preclude the parties hereto from meeting
and conferring at any time during the term of this Agreement with respect to any
subject matter within the scope of meeting and conferring for a proposed
Memorandum of Understanding between the parties to be effective on or after July 1,
2002.
12.4.3. Effective Dates
This Agreement will be in effect from July 1, 2006 through June 30, 2008. It shall be
automatically renewed from year to year thereafter unless either party shall have
notified the other, in writing, at least sixty (60) days prior to the annual anniversary of
the above date that it desires to modify the Memorandum. In the event that such
notice is given, negotiations shall begin no later than thirty (30) days prior to the
anniversary date.
12.5. Severability
If any article, paragraph or section of this Memorandum shall be held to be invalid by
operation of law, or by any tribunal or competent jurisdiction, or if compliance with or
any enforcement of any provision hereof be restrained by such tribunal, the
remainder of this Memorandum shall not be affected thereby, and the parties shall, if
possible, enter into meet and confer sessions for the sole purpose of arriving at a
mutually satisfactory replacement for such article, paragraph or section.
Page 38
SAN RAFAEL FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL
1775
o n G &ey %cal 1755 Attorney
CITY OF SAN RAFAEL
Donna Williamson, Chief
Negotiator, Attorney, Liebert,
Cassidy Whitmore
Andy Rogerson, Viceresident Nancy Mackie,/Interim Assistant
City AAana e� r .
L
/3'.1 1 6 �,
Date / Date
Page 39
istant to the City
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL FIREFIGHTER'S ASSOCIATION
List of Exhibits
Exhibit A Salary Schedule 07/01/2006
Exhibit B Side Letter, Chief Officer
Suppression Qualifications
Exhibit C Personnel Policies and Procedures 1-V-10
Engineer Certificate
Section 7.3.1. and 7.3.2.
Exhibit D Personnel Policies and Procedures 1-V-09
Career Development Guide for Firefighters
Section 7.3.1. and 7.3.2.
Exhibit E San Rafael Firefighters' Association Represented
Benchmark and Internal Relationships
Page 40
EXHIBIT B
C1TY QF
September 25. 1995
Mr. James Lydon, President
San Rafael Firefighters' Association
P.O. Box 2519
San Rafael. CA 94912
Subject: Personnel Rules Letter of Agreement
Dear Jim,
POLO M Conan
fiery Q PrWWPe
CWAd ..L Zagpec"
The City Council met with its labor negotiators In closed session on Monday, 9-18-95 to discuss the
unresolved issue associated with the experience qualifications forthe Fire Chief offrcer classifications, which
the City, and the Association have been discussing as a part of linafizing the meet and confer process on the
revised Personnel Rules and Regulations. The final proposal from the City, on this issue, as well as a
summary of tine second, agreed 'rules" issue, Is as follows:
1_ Experience qualifications of Fire Chief Officer classifications, excluding Fire Chief.
A. 3 yrs. fine captain experience for promotion/appointment to any current orfuture chief
officer class that has emergency Incident commander responsibilities. 2 yrs of line
captain experience for acting assignment to such a position.
B. No impact on the status of Incumbent chief officer employees in their current
positions.
C. Chief officer classifications, minus Fire Chief. Include: Fire Division Chief, Fire
Marshal, and Fire Training Officer_ (Note: Fire Marshal and Fire Training Gfflcer
presently hold the rank of Battalion Chief.)
D. The Incumbent Fire Marshal remains eligiblis to serve as an acting incident
commander, In accordance with the 11-93 arbitrated special agreement The training
program. once complated; detailed in this special agreement serves to qualify the
Incumbent, as to the experience necessary, to compete for promotion to other chief
officer opportunities.
2. Section 1.5 of Personnel Rules: Collective Bargaining Agreements.
As per our tentative agreement dated 3-21-95, section 1.5 of the revised Personnel Rules
will be changed to read:
Mr. James Lydon, President
San Raioel Firefighters' Assn.
September 25, 1995
Page 2
These rules are not Intended to supersede any provisions of an existing collective bargaining
agreemenL What this means Is that if any section of these Rules and Regulations Is covered
by a provision of collective bargaining agreement, the collective bargaining agreement shall
prevail and the parallel provisions in the Rules and Regulations shall not apply to the affected
Unit.
In addition to the above two hems, we agreed that the experience section of each of the current chief officer
job descrtpUons IncWed In the Fire Department's Career Development Guide will be updated to reflect the
quafications conditions doted In # 1 of this letter.
This letter constitutes the agreement of the parties, as evidenced by their signatures below. Itis Intended that
this fetter shall be appended to the current Memorandum of Understanding (MOU) and shall be appended
to future MOU's, unless modified by the most and confer process set forth to Resolution No. 4027.
Suzan
Assistant City Manager
oc Mayor and City Council
Pamela ]. NicoW
Robert Marcucci
Daryl Chandler
Dick Whltmora
John Carry
A 1:1FUVFiaa
James Lydo4f-
n
President. San Rafael Firefighters'
Association
F,X11i1)' t "G"
CITY OF SAN RAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
ORGANIZATION
PAGE 1 OF 4
PURPOSE:
CHAPTER: V
SUBJECT: 10
CODE: 14-10
i DATE: 1-2-89 --
Personnel Policies & Procedures
Engineer Certification
REVISION DATE: 7-12-02
To provide a mechanism that will enable Fire Department members to function effectively as
Engineers.
POLICY:
A. Department members desiring promotion to the rank of Engineer must posses a valid
Engineer's Certification.
B. Department members not holding the rank of Engineer and desiring to seek promotion to
Captain must possess a valid Engineer's Certification.
C. Engineer Certification is valid for a three (3) year period from the date of issue.
D. Engineer Certification is included in the Career Development guide for Firefighter.
E. Department members must complete the engine driving and rodeo phase of Engineer
Certification using a stick shift transmission.
F. All Department members assigned to drive an Engine or Truck Code 3 must posses a Class B
drivers license. Members with Temporary Permits will not be permitted to drive on a 24-hour
shift or provide relief and be compensated for out of class pay as apparatus operators.
G. Engineer and Re -certification only will be offered every three months (March, June,
September and November).
OBJECTIVE:
To provide a systematic process and course of instruction which will enable Fire Department
members to function effectively in the position of Engineer.
RESPONSIBILITIES:
A. Platoon Commanders — Platoon Commanders will be responsible for the coordination of the
Certification process by chairing the initial meeting, coordinating testing dates, and handling
any difficulties arising during the Certification. Scheduling of training or evaluation will be
placed in the Fire Department Monthly Activity Calendar.
B. Captain — The Company Commander will function as the Candidate's Certification
Coordinator, scheduling the initial meeting, signing the check -off sheet, scheduling apparatus
for training with other Company Commanders, insuring instructors are available, coordinate
testing dates (March, June, September, November) with the Platoon Commander.
APPROVED
DATE:
CITY OF SAN RAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
ORGANIZATION
PAGE 2 OF 4
CHAPTER: V Personnel Policies & Procedures
SUBJECT: 10 Engineer Certification
CODE: 1-V-10
DATE: 1-2-89 REVISION DATE: 7-12-02
C. Training Officer— The Training Officer will provide assistance to the Company Commander
upon request and participate in the testing process. If a member fails any phase of the testing
process, the Training Officer will explain to the Company Commander and Candidate the area
of failure and the methods to improve the Candidate's ability to satisfactorily complete
Certification.
D. Engineer— The Engineer will be the technical advisor to the Candidate, assisting him/her in
the learning process and providing the practical hands on training required for Certification.
The Engineer will also assist in the application of fire ground hydraulics. The Company
Commander will determine the degree of involvement by the Engineer.
PROCEDURE:
A. Upon determination that the Firefighter desires Engineer Certification, the Company
Commander shall submit a written memorandum to the Platoon Commander requesting that
the Certification process commence. A copy of the memorandum will be placed in the
member's training folder.
B. The Platoon and Company Commanders will mutually agree upon a conference date which
will be attended by the Candidate, Company and Platoon Commanders, and Training Officer.
During the conference, which the Platoon Commander will chair, the responsibilities and role
of each Team Member will be discussed.
C. The Company Commander will be responsible for notifying the Platoon Commander when the
Candidate is ready to be Certified 30 days prior to hosting a quarterly Engineer Certification
Evaluation. If the Platoon Commander is not notified in 30 days prior to the test date, the
Candidate cannot participate in the schedule testing.
D. Prior to initiating any phase of Engineer Certification training or testing, the Candidate must
have- in his/her possession the required Department of Motor Vehicle Instruction Permit to
operate or drive any Fire Department apparatus.
E. The Training Officer shall review the candidate's completed reading assignments check off
sheet, and submit a memo for record identifying that the candidate is ready to proceed with
the next phase of the Engineer Certification (Engineer Written Exam).
F. The Platoon Commander will select a panel of Proctors consisting of the following, but not
limited to the ranks or positions of Training Officer, Company Commander, Engineer and two
(2) alternates who may consist of any rank Engineer or above. Proctors are not in an acting
position (i.e. Firefighter acting as an Engineer or Firefighter acting as Captain).
G. Engineer Certification will require satisfactory completion of seven tests each with a passing
score of 80%.
APPROVED:
DATE:
CITY OF SAN RAFAEL CHAPTER- V Personnel Policies & Procedures
FIRE DEPARTMENT
OPERATIONS MANUAL SUBJECT: 10 Engineer Certification
BOOK NO. 1
ORGANIZATION I CODE: 14-10
PAGE 3 OF 4 I DATE: 1-2-89 REVISION DATE:: 7-12-02
H. The first test taken must be written in a proctored setting and scheduled.
The Driving Test will include a rodeo, pre -trip inspection and practical driving over City streets
of both Engine and Truck 55. During the driving test the Candidate must demonstrate his/her
ability to operate both automatic and standard stick shift transmissions. A standard stick shift
transmission must be used when completing all phases of the Engine Driving Test, i.e., pre -
trip, rodeo and driving test. The Candidate will have the option of selecting the Engine and
Truck 55 to be used during Certification, but as indicated above, the engine must be a stick
shift. The pre -trip inspection will be conducted prior to the practical (road) test for Engine and
Truck. This inspection is as required by the California Commercial Drivers License Program.
J_ The Candidate must obtain a California Commercial Driver's Class B License as part of the
certification process. The candidate must have this license before certification will be issued.
K. The Candidate will also have the option of selecting the engine of his/hers choice during the
driving and pump operation test. Truck 55 operation testing will include 5 test objectives with
the aerial.
CRITERIA:
A. Failure of any one of the seven tests will require re-examination of the test the Candidate
failed. The Candidate must wait until the next testing period before retaking the failed test.
Failure to satisfactorily complete the test the second time will require that the Candidate wait
six (6) months before retaking the failed test. Written notice will be sent to the Candidate
indicating their satisfactory completion or failure for each test the Candidate had participated
in.
B. The Candidate will have the option to withdraw from the Certification process at any time
during the testing procedure.
C. Unusual circumstances may develop where, because of mechanical failure of a specific piece
of apparatus, weather conditions, Department activity or excess emergency incidents, where a
Candidate cannot complete Engineer Certification through no fault of his/her own. In these
situations a time extension may be granted by the Fire Chief with no loss in pay to the
Candidate. The Platoon and Company Commanders will determine the specific length of the
time extensions, with the Fire Chiefs concurrence. The revised schedule/time extension shall
be through written memorandum to the Candidate and Company Commander from the
Training Officer.
D. Written notice will be sent to -the Candidate indicating his/her satisfactory completion or failure
of the certification process.
E. The sequence/order of Engineer Certification will be:
APPROVED:
DATE:
F.
CITY OF SAN RAFAEL
FIRE DEPARTMENT
OPERATIONS MANUAL
BOOK NO. 1
ORGANIZATION
PAGE 4 OF 4
CHAPTER: V
SUBJECT: 10
CODE: 14-10
Personnel Policies & Procedures
Engineer Certification
DATE: 1-2-89 REVISION DATE: 7-12-02
a.
DMV Permit
b.
Engineer Reading Checklist
Q
Engineer Written Test
d.
Engine Company Rodeo
e.
Trude Company 55 Rodeo
f.
City Driving Test
g.
DMV Class B Drivers License
h.
Pump Cut -Away
i.
Pump Operations
j.
Aerial Ladder
The Candidate must posses Class B Drivers Permit (with Standard Transmission
Endorsement), he/she will then proceed with the Engineer Reading Assignment Checklist.
RECERTIFICATION:
Recertification will be valid for a three (3)year period. Department members desiring recertification
must recertify within twelve (12) months from the date of expiration of their Certification, or they will
be required to complete the entire Engineer Certification process. The recertification shall consist of
the following phases of the Engineer Certification process:
■ City Driving Test
■ Engine and Trude 55 Rodeo
• Trude 55 Operations
■ Engine Pumping Operations
■ Written Test
■
A. The Citj Driving. Test will. include a rodeo for both Engine and Trude ,55, pre -trip inspection
and practical driving over City streets. In lieu of the practical driving test, a written
memorandum from the Candidate's Captain indicating that during the past six (6) months the
Candidate has demonstrated, to the satisfaction of the Captain, that he/she can drive both
Engine and Trude 55 will suffice.
B. During the rodeo phase of the recertification, the Candidate -will have the option of selecting
the specific Engine and Trude 55 will be the apparatus of choice that will be used during the
rodeo phase of the testing. The Engine must be equipped with a standard transmission.
C. During the Trude operation phase, the Candidate must demonstrate competent and proficient
skills on all phases of the aerial evaluation.
D. In lieu of a practical pumping test, a written memorandum from the Candidate's Captain
indicating that during the past six (6) months the Candidate has demonstrated that he/she has
satisfactorily pumped at drills, proficiency indexes, emergency incident, etm will suffice.
NOTE: A written memorandum format will be located in the Training Division.
APPROVED:
DATE: 9-dkp.
-sEXHIBIT ")�"
CITY OF SAN RAFAEL
CHAPTER: V
FIRE DEPARTMENT
OPERATIONS MANUAL
SUBJECT- 9
BOOK NO. 1
ORGANIZATION
CODE: 1-V-9
PAGE 1 OF 2
DATE: 1-2-i39
PURPOSE:
Personnel Policies & Procedures
Career Development Program for
Firefighter
REVISION! DATE: 11-2-00
To provide for the systematic development of a Firefighter through his/her recruit training program to
their top step salary range.
POLICY:
A. The three (3) year Career Development Program will be integrated into the salary step
increase for each year.
B. Requires that the Firefighter satisfactorily complete each distinct developmental phase in
addition to the probationary period before receiving his/her yearly salary step increase.
C. In addition to the probationary recruit training period, the Firefighter will be required to
complete:
1. Engineer Certification.
2. Fire Prevention Certification.
OBJECTIVE:
Through the Career Development Program, Firefighters wilt be able to obtain and possess the intrinsic
knowledge necessary to become a productive member of an Engine Company and provide the
Company Commander with the technical resources needed to function in a complex profession.
RESPONSIBILITY:
A. Refer to Engineer Certification Policy.
B. Refer to Fire Prevention Certification Policy.
RECRUIT ORIENTATION:
During the Recruit Orientation, the Career Development Program will be explained in depth to the
newly hired member(s) and his/her responsibility in completing the three year program. Following
satisfactory completion of the one year probationary period, the Firefighter will again be reminded of the
Career Development Program and their obligation to complete Engineer and Fire Prevention
Certification in their second and third year. The Firefighter will have the choice of selecting Engineer or
Fire Prevention Certification in their second year; but, must have completed both Certifications at the
conclusion of their third year.
APPROVED:?�/!//
DATE: 8-���
CITY OF SAN RAFAEL CHAPTER: V Personnel Policies & Procedures
FIRE DEPARTMENT
OPERATIONS MANUAL SUBJECT: 9
BOOK NO. 1
ORGANIZATION CODE: 14-9
PAGE 2 OF 2 DATE: 1-2-89
PROCEDURE:
Career Development Program for
Firefighter
REVISION DATE: 11-2-00
A. At the completiori of the -probationary period, the Firefighter will initiate either, Engineer or Fire
Prevention Certification. Upon completion of either Engineer or Fire Prevention Certification
at the conclusion of the second year, the Firefighter will initiate the Certification process not
selected during the second year.
B. Firefighter/Paramedics, because of the varied assignments, will be governed by a revised
program. Paramedics will need to complete the twelve month probationary material within an
eighteen month period, but will complete their probationary period in twelve months, based on
an evaluation completed by their Company Commander and Base Hospital Emergency Room
staff. During the next phase of their Career Development process, the Paramedic can either
choose Engineer Certification, an 18 month process, or Fire Prevention Certification, a 12
month process. What Certification is not selected during the second phase of the Career
Development process, must be completed in the third phase.
ENGINEER CERTIFICATION PROCESS:;,
A- Upon determination that the Firefighter desires Engineer Certification, the Company
Commander shall submit a written memorandum to his Platoon Commander requesting that
the certification process commence. A copy of the memorandum will be placed in the
member's training file.
B. Refer to Engineer Certification Policy.
FIRE PREVENTION CERTIFICATION:
A._ Upon determination that the Firefighter desires Fire Prevention Certification, the Company
Commander shall submit a written memorandum to the Platoon Commander requesting that
the Certification process commence. The purpose of Fire Prevention Certification is to
enable the Firefighter to develop an awareness of the Building and Uniform Fire Code and
other Fire Prevention matters as they relate to the Company Inspection Program.
B. Refer to Fire Prevention Certification Policy.
APPROVED: 11PW
DATE: e_9_5K
SAN RAFAEL FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
REPRESENTED BENCHMARKS
AND
INTERNAL RELATIONSHIPS
PERIOD OF JULY 1, 2006 THROUGH JUNE 30, 2008
EXHIBIT "E"
Equivalent Job Classes: Deputy Fire Marshal and Fire Captain
Fire Prevention Inspector and Fire Engineer
Other Represented Job
Classes: Fire Mechanic
Benchmark Job Class: Firefighter**
Internal Relationship: Fire Dispatcher = Firefighter — 10% (base salary)*
Non -safety Fire Inspector = Fire Prevention Inspector -10%
*Fire Dispatcher internal relationship is established July 1, 2003
**Firefighter is identified as the benchmark job class for compensation survey
purposes. Under the current system any increase granted to the Firefighter
would also be granted to other job classes and specifically, the differential of
Firefighter to Fire Dispatcher shall be considered.
Note: This exhibit is used to display salary relationships, the MOU document
itself must be reviewed to see specifics of compensation changes.