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HomeMy WebLinkAboutCC Resolution 10462 (MOU Fire Dept Personnel)RESOLUTION NO. 10462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO 9647 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL. (2 year agreement from July 1, 1999 through June 30, 2001). 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, 1999, and consisting of 33 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, 1999, as the official document of reference respecting compensation and working conditions for Fire Department personnel represented by the Fire Association; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibit A and B 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 Tuesdav, the 6th day of Jam, 1999 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEUNE M. LEONCNI I, CITY CLERK b -V MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I .A. F. F., LOCAL 1775 July 1, 1999 - June 30, 2001 Table of Contents CHAPTER 1.0. GENERAL PROVISIONS 1.1. Recognition 1.1.1. Association Recognition 1.1.2. City Recognition 1.2. Association Rights 1.2.1. Dues Deduction 1.2.2. Release Time 1.2.3. Association Access to Work Locations 1.2.4. Association Office Space 1.2.5. Conduct of Business 1.2.6. Association Meetings 1.2.7. Association Orientation of New Employees 1.3. Non -Discrimination 1.4. Management Rights 1.5. Advance Notice of Change CHAPTER 2.0. COMPENSATION 2.1. Total Compensation 2.2. Educational Incentive Program 2.2.1 Thirty (30) College Units Fire Science 2.2.2. AA Degree Fire Science 2.2.3. EMT I 2.2.4. E.M.D. 2.2.5. E.M.D. Program Recruitment 2.2.6. Other Job Related Courses 2.3. Out of Class Compensation 2.3.1. Fire Engineers 2.3.2. Fire Fighters 2.3.3. Fire Captain 2.3.4. Truck Company Apparatus Operation 2.4. Specialty Compensation 2.4.1. Truck Apparatus Premium Pay 2.4.2. Paramedic Certification 2.4.3. Paramedic Liaison 2.4.4. EMT I Ambulance Drivers 2.4.5. Third Paramedic Unit 2.5. Other Compensation 2.5.1. Uniform Allowance 2.5.2. Call -Back CHAPTER 3.0. PROBATIONARY PERIOD 3.1. Purpose of Probation 3.2. Periodic Probationary Evaluations FA 1 1 1 1 1 7 2 3 3 3 3 4 4 4 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 9 9 9 9 9 9 9 9 9 3.3. Length of Probationary Period 3.4. Rejection During Probation 3.5. Extension of Probationary Period 3.6. Notification of Extension of Rejection 3.7. Regular Status 3.8. Promotion of Probationary Employee 3.9. Unsuccessful Passage of Promotional Probation CHAPTER 4.0. SELECTION 4.1. Promotional Recruitments 4.2. Fire Captain Qualifications 4.2.1. Option 1 4.2.2. Option 2 4.2.3. Option 3 4.3. Rule of Three 4.4. Orientation 4.4.1. Captain's Orientation 4.4.2. Firefighters' Fire Prevention Orientation 4.5. Transfers 4.5.1. Type of Transfers 4.5.2. Minimum Qualifications and Probation CHAPTER 5.0. HEALTH AND WELFARE 5.1. Health, Life, Accident and Disability 5.2. Retiree's health Insurance 5.3. Dental Plan 5.4. Joint Benefits Committee 5.5. Retirement Contribution 5.6. Vacation 5.6.1. Policy Statement 5.6.2. Vacation Conversion 5.6.3. Vacation Relief_ 5.6.4. Rate of Accrual _ 5.6.5 Vacation Accrual Cap 5.7. Sick Leave 5.7.1. Accrual 5.7.2. Sick Leave Usage 5.7.3. Sick Leave Incentive 5.7.4. Sick Leave Payoff 5.7.5. Sick Leave Service Credit Option 5.8. Leave Conversion to Hour for Hour 10 10 10 10 10 10 10 10 10 11 11 11 11 11 11 11 12 12 12 12 12 12 13 13 13 14 14 14 14 15 15 16 17 17 17 18 18 18 18 0 5.8. 1. Accrued Balance Conversion 18 5.8.2. Sick and Vacation Leave Usage 18 5.8.3. Hourly Rate for Leave Payoff 18 5.9. Holidays 18 5.9.1. Days Observed 18 5.9.2. Holiday Pay 19 5.9.3. Holiday Routine 19 5.10. Other Leaves 19 5.10.1. Maternity Leave 19 5.10.2. Military Leave 19 5.10.3. Workers Compensation Leave 19 5.10.4. Jury Duty 19 5.10.5. Court Appearance 20 CHAPTER G.O. HOURS 20 6.1. Hours of Work 20 6.2. Work Schedule 20 6.3. FLSA Overtime 20 6.4. Overtime 20 CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT 21 7.1. Staffing Levels 21 7.2. Grooming Standards 21 7.2.1. Hair 21 7.2.2. Facial hair 21 7.2.3. Jewelry 21 7.3. Career Development Program 22 7.3.1. Engineer Certification Policy 22 7.3.2. Responsibility for Implementation 22 7.3.3. Program Guidelines 22 7.3.4. Order of Completion 22 7.3.5. Fire Prevention Certification Policy 22 7.4. Station Transfers 22 7.5. No Smoking 22 7.6. Residency 22 7.7. EMT -D Certification 23 7.8. Demotion 23 7.9. Termination of Employment 23 7.9.1. Resignation 23 7.9.2. Termination/Demotion - Lack of Work or Funds 23 7.9.3. Termination - Disciplinary Reasons 23 7.9.4. Termination - Probation 23 7.9.5. Retirement 23 7.10. Shift Trade Policy CHAPTER 8.0. DISCIPLINAR Y ACTION 8.1. Authority 8.2. Definition 8.3. Causes of Disciplinary Action 8.4. Appeals 8.5. City Manager and Arbitration CHAPTER 9.0. GRIEVANCE PROCEDURE 9.1. Definition 9.2. Initial Discussions 9.3. Referral to City Manager 9.4. City Manager and Arbitration CHAPTER 10.0. REDUCTION IN FORCE 10.1. Authority 10.2. Notice 10.3. Order of Layoff 10.4. Seniority 10.5. Bumping Rights 10.6. Transfer Rights 10.7. Re -Employment 10.7.1. General Guidelines 10.7.2. Right to Re-employment 10.7.3. Time Limits 10.7.4. Availability 10.7.5. Probationary Status 10.7.6. Restoration of Benefits CHAPTER 11.0. MISCELLANEOUS 11.1. Management and Miscellaneous Positions 11.2. Use of Fire Apparatus for Shopping 11.3. Physical Fitness Program 11.4. Medical Standards 11.5. Personnel Rules and Regulations 11.6. Drug and Alcohol Policy 11.7. Light Duty Policy 11.8. Association Meetings with the Fire Chief 24 24 24 24 24 25 25 25 25 25 25 26 26 26 26 26 26 27 27 27 27 27 27 27 27 27 28 28 28 28 28 29 29 29 29 11.9. Safety Committee 29 11.9.1. Fire Department Committee 29 11.9.2. City -Wide Committee 30 11.10. Outside Employment 30 CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 30 12.1. Inspection of Memorandum of Understanding 30 12.2. Existing Laws, Regulations and Policies 30 12.3. Strikes and Lockouts 30 12.4. Full Understanding, Modification, Waiver 30 12.4.1. Joint Representation 30 12.4.2. Modification/Waiver 30 12.4.3. Effective Dates.. 30 12.5. Severability 31 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, 1999 and ending June 30, 2001. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Firefighters' Association, I.A.F.F., Local 1775, the employees it represents, and the City of San Rafael. As used throughout this Memorandum of Understanding, the pronoun designations "he" or "his" is intended to be applicable to both the male and female gender. CHAPTER 1.0. GENERAL PROVISIONS 1.1. Recognition 1.1.1. Association Recognition The San Rafael Firefighters' Association, I.A.F.F., Local 1775, hereinafter referred to as the "Association" is the recognized employee organization, as defined by Government Code Section 3501, (b), for all employees in classifications represented by the Association, said classifications being set forth in Exhibit A. 1.1.2. City Recognition The Municipal Employee Relations Officer of the City of San Rafael or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the "City" in employer-employee relations, as provided in Resolution No. 4027 adopted by the City Council on April 5, 1971. 1.2. Association Rights 1.2.1. Dues Deduction Payroll deduction for membership dues shall be granted by the City to the Association. The following procedures shall be observed in the withholding of employee 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. Page 1 B. Authorization, cancellation or modifications of payroll deduction shall be made upon forms provided or approved by the City Manager or his/her designee. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager or his/her designee. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the classification to which such employees are assigned. C. Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. D. The employees earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non -pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non -pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other required deductions have priority over the employee organization deduction. E. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 1.2.2. Release Time The City shall allow a reasonable number of Association members time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. Reasonable time off without loss of compensation or other benefits shall also be granted to members of the Association to participate in and prepare for grievances. 1.2.3. Association Access to Work Locations Reasonable access to employee work locations shall be granted to officers of the Association and officially designated representatives of the Association for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation which are to be discussed with City representatives. Access may be restricted so as not to interfere with the normal operations of Department or with established safety or security requirements. 1.2.4. Association Office Space The Association shall be allowed office space on City property at a mutually agreed upon location, with telephone service maintained at the expense of the Association. 1.2.5. Conduct of Business Consultations between the City and the Association, for discussion of grievances and for negotiations between the City and Association representatives normally will be conducted during Page 2 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. Association officers and employees who have business to present at the meeting, but are assigned to other stations will be allowed to attend meetings. Arrangements for this purpose will be the same as routine department cover -ins, provided that the Association and Duty Chief both determine the resulting coverage meets acceptable emergency response safety standards. 1.2.7. Association Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. 1.3. Non -Discrimination There shall be no discrimination based on race, creed, color, national origin or sex against any employee or applicant for employment by the Association or by the City; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established. The City and the Association will not interfere with the rights of employees to join or refrain from joining the Association nor will they discriminate against any employee for legitimate Association activities. 1.4. Management Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management , as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence of facts which are the basis of the management decision. 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. Page 3 8. To determine and change the number of locations, re -locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments. 10. To relieve employees from duties for lack of work or similar non -disciplinary reasons. 11. To establish and modify organizational productivity and performance programs and standards. 12. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City Personnel Rules and Regulations and this Memorandum of Understanding. 13. To determine job classifications and to reclassify employees. 14. To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Rules and Regulations. 15. To determine policies, procedure and standards for selection, training and promotion of employees. 16. To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. 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: It is the goal of the City Council to continue to provide for all employees in the bargaining unit represented by the San Rafael Firefighters' Association total compensation in an amount equal to the following: One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications 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 Page 4 2. The highest total compensation paid to the same or similar classifications in agencies in Marin County. To measure progress towards the above -stated goal, the City and the Association will jointly survey the position of top -step Firefighter and Fire Dispatcher. In future years, the City reserves the right to survey other classifications in addition to Firefighter and Fire Dispatcher. 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, including all increases in place or to be effective no later than September 1 of that same year, of each year of this contract (1999, and 2000) 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 prospective wage increase for all classifications, beginning September 1 of that same year. In no event will salary or 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 goal. All related classifications shall receive the same increases as those received by their assigned benchmark position. General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding to include the following taxes: Sales tax, Property tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer tax, Hotel Occupancy tax, Business License Tax and Franchise fees. No other revenue sources of the City will be included in this definition. 2.1.2. Fiscal Year 99/00 Increase: Effective July 1, 1999, bargaining unit employees shall receive an increase of 2.92% in base salary. See Exhibit "A". If, after the above described increase, the total compensation of the top step benchmark positions have not reached the stated goal, then bargaining unit employees in these and related job classes shall be entitled to the following possible salary increase: a. If General Tax Revenues of the City for fiscal year 1998-99 exceed General Tax Revenues of the City for fiscal year 1997-98 as adjusted by 75% of the total compensation increase provided for fiscal year 1998-99, then such members of the bargaining unit shall be entitled to apply 25.5% of one-half (1/2) of the excess of fiscal year 1998-99 General Tax Revenues over fiscal year 1997-98 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in 1998-99, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions. 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. 2.1.3. Fiscal Year 00/01 Increase Effective July 1, 2000, bargaining unit employees shall receive an increase of 3.0% in base salary. See Exhibit "B". If, after the above described increase, the total compensation of top step benchmark positions have not reached the stated goal, then bargaining unit employees in these and related job classes shall be entitled to the following possible salary increase: Page 5 a. If General Tax Revenues of the City for fiscal year 1999-2000 exceed General Tax Revenues of the City for fiscal year 1998-99 as adjusted by 75% of the total compensation increase provided for fiscal year 1999-2000 (in Section 2.1.2 above), then the members of the bargaining unit shall be entitled to apply 25.5% of one-half (1/2) of the excess of fiscal year 1999-2000 General Tax Revenues over fiscal year 1998-99 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in 1999-2000, for a salary increase. Such application of the excess revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions. 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 positions' 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 shall receive additional compensation amounting to 2.5% of their basic monthly salary. 2.2.2. AA Degree Fire Science Employees who have completed their first year of full-time service with the San Rafael Fire Department and who possess an A.A. degree in Fire Science shall receive additional compensation amounting to 5% of their basic monthly salary. 2.2.3. EMT I Employees who have completed their first year of full-time service with the San Rafael Fire Department and who have successfully completed and who maintain an EMT I certification, accredited by the State of California or State Fire Marshal's Office, shall receive an additional compensation amounting to 2.5% of their basic monthly salary. EMT I re -certification training shall be conducted on duty at times determined by the Fire Chief. If an employee fails to maintain a valid EMT - 1, said employee shall lose their 2 .5% incentive pay. All non -paramedic line employees hired on or after March 7, 1994 shall be required to possess and maintain a valid EMT - 1 certificate as a condition of employment. 2.2.4. E.M.D. Employees who have completed probation in the Fire Dispatcher classification and who have successfully completed and who maintain a Marin County approved E.M.D. certification shall receive an additional compensation amount to 2.5% of their basic monthly salary. This is provided in lieu of "2.2.3." but will not preclude the employee from receiving "2.2.3." if he/she has not yet successfully completed a Marin County approved E.M.D. certification. The City agrees to provide time to meet all E.M.D. requirements. It is agreed that an employee shall not receive more than one (1) emergency medical incentive of 2.5%. Page 6 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: 2.3.1. Fire Engineers All Engineers will perform in Acting Captain status as needed, and will be paid out -of -class compensation at the same step as their regular position, i.e., Step A - Engineer is paid at Step A - Captain. Engineers will be paid the out -of -class compensation for each full shift completed in the out -of -class position. 2.3.2. Fire Fighters All firefighters with four (4) years or more of line service (line service is defined as active participation as a member of an Engine and/or Truck Company working a standard 24 hour work schedule with the City of San Rafael Fire Department) who meet the eligibility requirements to take the Captain's promotional examination and with the recommendation of two Fire Captains may attend the Captain's Certification Program consisting of up to 30 hours in-service training. This training may be conducted on duty and attendance is a prerequisite for working out of class as a Captain. Completion of State Board of Fire Services Fire Officers Certification will be considered equal to San Rafael Fire Department Captain's certification for initial certification. Re -certification will be required three (3) years from the date of the last certification and will consist of a refresher course of up to six (6) hours. Certification may be extended if the refresher course is unavailable. Officer Certification training will be conducted at a time designated by the Fire Chief, and Engineers who wish to attend may do so. When working out of class as Engineers or Captains, Firefighters will be paid the appropriate out -of -class compensation for each full shift completed in the out -of - class position. They will be paid at the same step as their regular position, i.e., Step A - Firefighter is paid at Step A, - Engineer or Step A - Captain. 2.3.3. Fire Captain All Fire Captains while working out -of -class as Platoon Commanders will receive $100.00 per shift premium pay over and above their base monthly salary for each full shift completed in the out -of - class position. 2.3.4. Truck Company Apparatus Operation Effective January 1, 2000, Apparatus Operation of the truck company shall be the responsibility of a Fire Engineer, promoted from an eligibility list. The position shall be filled by an Engineer and, if it becomes necessary to fill the position with a Firefighter, that person shall be paid out of class compensation while serving in the position of Truck Apparatus Operator. Page 7 2.4. Specialty Compensation 2.4.1. Truck Apparatus Premium Pay All Firefighters assigned to a truck company with the responsibility of apparatus operation will receive $100.00 per month premium pay over and above their base monthly salary while serving in this capacity. In order to be eligible for this premium, they must possess a current San Rafael Fire Department Engineer Certification. Effective January 1, 2000, after selection of four (4) Fire Engineers from a promotional recruitment exam eligibility list, the specialty pay for Truck Apparatus Operation shall end. From January 1, 2000, the Apparatus Operator position for Truck companies shall be an Engineer's position. The removal of Apparatus premium pay for Firefighters currently assigned to a truck company when the position becomes an Engineer position shall not be considered disciplinary and shall not be appealable. 2.4.2. 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: A paramedic incentive equal to 9.5% of top firefighter salary over and above their regular monthly salary. ii) An incentive equal to 2.5% of their regular monthly salary for A.C.L.S. in lieu of the E.M.T. incentive. (Applicable only to those employees who have completed their first year of full-time service and assigned to Paramedic duty). 2. Fire Department Paramedic staffing level shall be determined by the Fire Chief. Staffing of the Paramedic Unit by Paramedics holding the rank of Engineer or Captain shall be determined by the Fire Chief or his designee. 3. Department employees desiring to voluntarily enter Paramedic training on their own time and who have notified the Fire Chief, in writing, of their intentions, upon successful completion and certification will be eligible for a "Paramedic" position in the department if an opening is available. If a vacancy should occur in the positions allocated for Paramedic duty, and a department employee is in training, the position will be held vacant for up to a maximum of six months. The six-month period will allow for up to three months to complete the training and an additional three months to complete the required field internship. These time frames may be extended by the Fire Chief (see Department Policy 1-V-18). 4. In the event that a Firefighter assigned to Paramedic duty wishes to discontinue his/her Paramedic assignment, both parties agree that 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. Page 8 2.4.3. 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 the Assistant Paramedic liaison will receive $100 per month premium pay over and above his/her base monthly salary while serving in this capacity. 2.4.4. EMT 1 Ambulance Drivers EMT -1 drivers shall receive a ten dollar ($10.00) bonus for each shift, full or partial, that they are assigned to drive either ambulance. Regular assignment to the paramedic unit as an EMT -1 shall be voluntary. Non -voluntary assignment to the paramedic unit as an EMT -1 shall be made to cover absence of members regularly assigned to the unit. Association members cannot refuse assignment to staff the paramedic ambulance. 2.4.5. Third Paramedic Unit A third paramedic unit will be placed into service on July 1, 1996 using existing personnel. Two of the paramedic units will be staffed with a minimum of one (1) EMT -P and one (1) EMT. One unit will be staffed with two (2) EMT -P. Which unit will operate with two (2) EMT -P will be decided by the Fire Chief in his discretion and may vary on different platoons. 2.5. Other Compensation 2.5.1. Uniform Allowance Uniform members of the Fire Department shall receive a uniform allowance in the amount of $212.50 at the completion of each six months of service ending June 30 and December 31. A pro- ration at the rate of $35.42 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. Effective January 1, 2000 the Fire Department will provide for a reimbursement safety boot allowance program for safety employees. Between January 1 and January 30th of each even number year safety employees may submit receipts to receive up to a maximum of $160.00 reimbursement for the purchase of new safety boots. 2.5.2. Call -Back Employees covered by this Memorandum of Understanding shall be paid at a rate of time and one- half of the affected employee's regular hourly rate. Whenever an employee is asked to continue his/her work past the scheduled duty day or is called back to unscheduled duty by the Department. In such cases, a minimum of two hours call-back pay shall be paid. CHAPTER 3.0. PROBATIONARY PERIOD 3.1. Purpose of Probation The purpose of probation is to give the City an opportunity to evaluate an employee's performance prior to the employee entering regular status. 3.2. Periodic Probationary Evaluations After passing an examination and accepting appointment, each employee shall serve a probationary period. During this probationary period the employee's performance shall be Page 9 evaluated at least twice, once during the fourth (4th) month and once during the eighth (8th) month. The results of these evaluations shall be discussed with the employee. 3.3. Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. 3.4. Rejection During Probation During the probationary period an employee may be rejected at any time by the Fire Chief without the right of appeal, except as provided by law. 3.5. Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 3.6. Notification of Extension of Rejection On determining that a probationary employee's work is not satisfactory, the Fire Chief shall notify the Personnel Director in writing of his/her intention to extend the employee's probationary period or reject the employee. After discussion with the Personnel Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection. 3.7. Regular Status For the purpose of this agreement, regular status shall mean; full time, non -probationary status. Regular status shall commence with the day following the expiration date of a probationary period. 3.8. Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher classification. When an employee is promoted under such circumstances, the probationary period of the lower classification shall be suspended. This suspension, the new promotional probationary period and the promotional appointment shall commence on the same date. 3.9. Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. If the employee was serving a probationary period at the time of promotion, the suspension of the prior probationary period shall be lifted, the employee shall be reinstated to probationary status in the prior classification and the remainder of that period shall be served. Provided, however, that if the cause for not passing the promotional probationary period is sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstated to the lower position. CHAPTER 4.0. SELECTION 4.1. Promotional Recruitments Recruitments in the Firefighter series to the rank of Fire Engineer and Fire Captain shall be promotional. In the event that no qualified candidates are identified through the examination process, the position(s) will remain vacant and another promotional recruitment will begin in six (6) months. This will continue until a qualified candidate is found. Page 10 4.2. Fire Captain Qualifications 4.2.1. Option 1 A. Four (4) years full time suppression experience in the Firefighter series. B. Associate Degree in Fire Science or Fire Technology. C. San Rafael Fire Department Engineer Certification or Engineer Rank. - or - 4.2.2. Option 2 A. Five (5) years full time suppression experience in the Firefighter series. B. Completion of the S.B.F.S. Fire Officer curriculum. C. San Rafael Fire Department Engineer Certification or Engineer rank. -or- 4.2.3. or - 4.2.3. Option 3 A. Ten (10) years full time suppression experience in the Firefighter series. B. San Rafael Fire Department Engineer Certification or Engineer rank. C. San Rafael Fire Department Fire Prevention Certification or the completion of Prevention 1 A and 1 B. 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 Personnel Director may remove a name of an eligible employee from a list if he/she has been rejected or passed over three times by the appointing authority. Nothing herein shall require use of a Rule of Three for entry level selections, which shall be subject to a Rule of the List. 4.4. Orientation 4.4.1. Captain's Orientation Individual(s) having been selected from a Fire Captain's eligibility list for promotion, but prior to Station assignment, shall be assigned an orientation period of one (1) continuous month. During this orientation period the individual(s) shall be temporarily assigned to a forty (40) hour work week. During this temporary forty (40) hour per week assignment, the affected individual(s) shall receive their full monthly Captain's salary. The purpose of this orientation period is to make available an array of training opportunities that will provide insight into the various aspects of the Captain's roles and responsibilities. The orientation period should involve, but not be limited to, visitations to other Page 11 Fire Departments and agencies, discussions with Staff members regarding various aspects of the Fire Department's operations, to include radio procedure, ICS system, mutual aid procedures, location of stations of other departments, discussion with other City officials, ride along with Police and a review of Police Department operations, plus time allotted to County Communications or other agencies or departments that interact with our Department, i.e., Finance, Personnel, etc. 4.4.2. Firefighters' Fire Prevention Orientation Firefighters' who have completed their twelve (12) month initial probationary period, and after receiving at least 60 calendar days notice, shall be temporarily assigned to a forty (40) hour work week. During this temporary forty (40) hour per week assignment, the affected individual(s) shall receive their full monthly salary. This temporary assignment will be an orientation period with the Fire Prevention Bureau and will have a maximum duration of one (1) continuous month. This orientation shall occur during their second year of employment and shall be a one time assignment. If for any reason the orientation is not completed, the Firefighters shall not be required to return to the Fire Prevention Bureau for a second orientation. This assignment may not be possible if sufficient personnel are not available. During this orientation period, the Firefighters will be given training on the Company Inspection Program. They will also experience field inspections and other related Fire Prevention practices with bureau personnel. 4.5. Transfers 4.5.1. Type of Transfers Transfers may be within the same department (intra -departmental) or between departments (inter- departmental). The requirements for each are as follows: A. Inter -departmental transfers. An employee may be transferred from a position in one department to a position in the same classification in another department, with the recommendation of the two department heads and the approval of the City Manager. B. Voluntary transfers. An employee may make a written request for transfer to the Personnel Director to a position in the same or similar classification with the same salary range. Such a request may be made on the recommendation of the affected department head(s) and the approval of the City Manager. 4.5.2. Minimum Qualifications and Probation Any persons transferred to a different classification shall possess the minimum qualifications for that classification. In the case of a voluntary transfer, the employee shall serve a six (6) month probationary period. CHAPTER 5.0. HEALTH AND WELFARE 5.1. Health, Life, Accident and Disability A. The monthly contribution by the City towards the cost of each eligible employee's Health, Accident, Life and Disability insurance premiums will be $420.00/month and effective December 1, 1999 this monthly contribution will increase to $432.00/month. Selection must include the employee's basic health plan offered by the City, unless the employee can show proof of insurance; and the $5,000 term life insurance policy offered by the City. Page 12 B. Payback. The difference between the allotted amount and the cost of the individual's health, life, accident and disability insurance costs will be paid to the employee to a maximum of $155.00 per month. Effective January 1, 2000 the cash option on the payback shall be 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. C. Members of the Firefighters Association may choose to subscribe to a long term disability (LTD) plan other than that offered by the City as long as there is no cost to the City. D. Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 5.2. Retiree's Health Insurance The City will make a contribution each month towards each retiree's PERS health insurance for any two party rate not to exceed the monthly amount allocated for active employees. 5.3. Dental Plan A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year; and orthodontic care (50/50 cost sharing). B. The dental plan shall provide for an 80/20 cost sharing for casts, crowns and restorations. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. D. Effective January 1, 2000 the calendar year benefit for each eligible, enrolled members shall increase from $1,000 to $1,500 per calendar year (orthodontic benefits remain the same). 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. Page 13 5.5. Retirement Contribution The City will contribute to the Marin County Retirement System a maximum of seven percent (7%) of an employee's salary. The City and Association jointly agree to request an actuarial study of the cost of incorporating the City's contribution towards the employee's share of retirement contributions into base salary. The Association agrees to fund the study up to a maximum of $2,500. The City will provide the Association with a copy of the actuarial study once received and at the request of the Association in January of 2000 the City will meet to discuss implementation of this change effective July 1, 2000. With agreement on funding the implementation of this change in benefits first through the Firefighters' Association salary increase established for July 1, 2000 and then if necessary revenue sharing established for year two of this agreement and/or other current compensation. It is acknowledged by both parties that the cost of this change includes increases in EMT, Educational Incentive, Paramedic Pay, Holiday Pay and Overtime costs (Currently estimated to be 1.25% of total compensation, an actual amount will be verified at the Committee meetings) as well as a yet undetermined increase in the City's retirement rates. With agreement on funding the City will move the cost of the City's contribution towards the employee's share of the retirement contribution into base salary effective July 1, 2000. Currently the City pays one half (1/2) of the employee's percentage contribution not to exceed seven percent and the employee pays the balance of their employee contribution (Actual Employee rate varies depending on age at entry into the system). During the Committee meeting(s) regarding the implementation costs of this retirement change the actual dollar amount paid annually by the City (of the employee's contribution) for the whole bargaining group will be identified. If this retirement option is implemented the total dollar amount will be divided by the total annual salary costs for the bargaining group and that percentage will be applied to the salary range of all represented job classes effective with the payroll period this change takes place. From that payroll period forward the Employee will be responsible through a payroll deduction, currently with pretax dollars, for the full cost of the Employee's share of retirement. See Section 5.7.5. regarding service credit option for unused sick leave. 5.6. Vacation 5.6.1. Policy Statement Three (3) members per shift shall be allowed off on vacation during all months of the calendar year. Vacation shall be administered in accordance with Fire Department policy 1-V-1, which is incorporated by reference. The Association acknowledges the Fire Chief's right to investigate sick leave abuse. 5.6.2. Vacation Conversion In accordance with Resolution No. 5134, Section 17, and City Council policy established January 7, 1980, Firefighters Association employees who would otherwise lose vacation days during any single year because of the City's inability to schedule annual accrued vacation usage for everyone, may convert the number of days over and above what they are able to take off to cash, up to a maximum of seven (7) days per calendar year. Additionally, the Fire Chief, with the City Manager's approval, may extend this benefit to classified employees when it is to the City's benefit and the Fire Chief believes the circumstances warrant it. Page 14 5.6.3. Vacation Relief 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 nine 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. Beginning January 1, 1997, no employee shall serve more than three (3) consecutive years on vacation relief. After three (3) years of not serving on vacation relief, such employee may then work up to three (3) consecutive years on vacation relief. 5.6.4. Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: For 40 hour per week emplovees: The first three (3) years of continuous employment shall earn ten (10) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) day per month. From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of one and one -forth (1 1/4) days per month. From the beginning of the eleventh (11th) year of service through the end of the fifteenth (15th) year, twenty (20) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of one and two-thirds ( 1 2/3 ) days per month. From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of two and one - twelfth ( 2 1/12) working (eight hour) days per month. For 56 hour per week employees: Effective January 1, 1995, each regular and probationary full time employee shall commence to accrue vacation at the following rate for continuous service: All employees who are assigned to a twenty-four (24) hour shift schedule, during the first three (3) years of continuous employment shall earn five (5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of ten (10) hours per month. From the beginning of the fourth (4th) year of continuous service through the end of the tenth (10th) year of continuous service, shall earn seven and one half (7.5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of fifteen (15) hours per month. Page 15 From the beginning of the eleventh (11th) year of continuous service through the end of the fifteenth (15th) year of continuous service, shall earn ten (10) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of twenty (20) hours per month. From the beginning of the sixteenth (16th) year of continuous service and beyond, shall earn twelve and one half (12.5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of twenty-five (25) hours per month. 5.6.5 Vacation Accrual Cap This policy became effective January 1, 1999. With the effective date of this policy employees represented by the Firefighters Association: Would continue to accrue vacation leave at the rate prescribed in Section 5.6.4 for the number of years they have worked for the City. During each calendar year (NOTE: The calendar year for tracking accrual would be January 6th through January 5'h) the policy is in effect, employees would be limited (capped) in the number of vacation hours they can carry over from one year to the next (the cap limit would first apply to carrying over hours into the 2000 calendar year). The carry over limit (cap) would be as shown in the charts below: For 56 hour per week employees YEARS OF SERVICE For 40 hour per week employees ACCRUAL PER YEARS OF SERVICE ACCRUAL PER ACCRUAL PER CAP YEAR MONTH 10 hours 1 — 3 yrs. 10 days or .83 days or 240 hours or 372 hours 80 hours 6.66 hours 15 hours 4 — 10 yrs. 15 days or 1.25 days or 240 hours or 372 hours 120 hours 10 hours 20 hours 11 —15 yrs. 20 days or 1.67 days or 240 hours or 372 hours 160 hours 13.36 hours 25 hours 16 + yrs. 25 days or 2.08 days or 240 hours hours 200 hours 16.68 hours For 56 hour per week employees YEARS OF SERVICE ACCRUAL PER ACCRUAL PER CAP YEAR MONTH 1 — 3 yrs. 5 shifts or 120 hours 10 hours 15.5 shifts or 372 hours 4 — 10 yrs. 7.5 shifts or 180 hours 15 hours 15.5 shifts or 372 hours 11 —15 yrs. 10.0 shifts or 240 20 hours 15.5 shifts hours or 372 hours 16 + yrs. 12.5 shifts or 300 25 hours 15.5 shifts or 372 hours hours Employees who are already above the maximum accrued balance (cap), based on their accrual rate as of their accrued balance reflected on their pay check stub received on the 12/31/98 pay date, would not lose those accrued hours. Employees who are above the maximum accrued balance (cap), as of the effective date of this Page 16 policy (January 1, 1999) would continue to accrue vacation; but they would have to use those vacation hours accrued during the 1999 calendar year during that same calendar year (these employees would be prohibited from carrying over any additional hours as long as they were at or above the carry over cap.) Employees may, for special situations, i.e., extended medical leave, request an increase in their carry over cap. Each request would need to be in writing, submitted through the department, and 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 carry over amount could not exceed one- half of the employee's regular annual vacation accrual. In no case would the additional carry over hours be extended beyond one additional year. If an employee exceeds the accrued balance (cap) as a result of being on extended leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and the employee would be allowed to use the additional accrued hours without penalty. In no event will an employee have their vacation hours reduced as a result of exceeding the cap due to having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to an industrial injury prevented them from taking scheduled vacation. 5.7. Sick Leave 5.7.1. Accrual The maximum accrual limit (1,200 hours for employees working a 40 hour work week and 1680 hours for employees working a 56 hour work week) is amended to permit continued unlimited accrual for sick leave use purposes for all represented employees. The maximum limit continues to apply for cash -in purposes. Currently all eligible full-time employees earn sick leave credits at the rate of eight (8) hours per month commencing with the date of employment. Effective January 1, 1995, each eligible full-time employee working a 56 hour work week shall earn sick leave credits at the rate of twelve (12) hours per month. Represented employees working a 40 hours work week shall continue to earn sick leave credits at the rate of eight (8) hours per month. 5.7.2. Sick Leave Usage An employee eligible for sick leave with pay will be granted such leave with approval of the department head for the following purposes: a) Personnel illness of the employee or illness within the immediate family 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 use up to thirty-six (36) hours of sick leave for such a circumstance within the state or sixty (60) hours for such a circumstance out of state. Where such death or critical illness has occurred, the employee will be expected to furnish satisfactory evidence of the situation to the Fire Chief if requested. The employee may request, and on approval of the Department Head, receive additional sick leave hours off in the event of such a death or critical illness in the immediate family. The immediate family is defined as spouse, children, parents, brothers or sisters. Page 17 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 Chief's right to investigate sick leave abuse. 5.7.3. Sick Leave Incentive Effective July 1, 1996, with the elimination of the two tiered sick leave payoff plan (5.7.4.) the sick leave incentive plan for employees hired on or after July 1, 1979 is eliminated. 5.7.4. Sick Leave Payoff Effective July 1, 1999, upon termination of employment by resignation, retirement or death, employees who leave the municipal service in good standing shall receive compensation of all accumulated unused sick leave, based upon the rate of two percent (2%) of each year of service to a maximum of fifty percent (50%). Refer to 5.7.1. for maximum limit applicable to sick leave payoff. 5.7.5. 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 5.7.4.). 5.8. Leave Conversion to Hour for Hour 5.8.1. Accrued Balance Conversion Effective January 1, 1995, each employee covered by this Memorandum of Understanding working a regularly scheduled 56 hour work week shall have their current balances of accrued sick leave hours and accrued vacation leave hours multiplied by a factor of 1.5. The resulting figures shall be each employees' new accrued balances of sick and vacation leave. 5.8.2. Sick and Vacation Leave Usage Effective January 1, 1995, each employee covered by this Memorandum of Understanding shall have one (1) hour of sick leave or one (1) hour of vacation leave, as appropriate, deducted from their accrued balance for each hour of leave used during any reportable 24 hour period. 5.8.3. dourly Rate for Leave Payoff Effective with the conversion to hour for hour reporting, the hourly rate used for leave payoff purposes shall be based on 2080 annual work hours for represented job classes working a 40 hour work week and 2912 annual work hours for represented job classes working a 56 hour work week. 5.9. Holidays 5.9.1. Days Observed Employees covered under this Memorandum of Understanding shall be entitled to the following holidays: "January 1 I New Year's Day *Third Monday in January Martin Luther King Day Page 18 February 12 Third Monday in February *Last Monday in May *July 4 *First Monday in September September 9 As observed by the City of San Rafael *As observed by the City of San Rafael As observed by the City of San Rafael *December 25 5.9.2. Holiday Pay Lincoln's Birthday Washington's 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 equipment and the related administrative work. Employees assigned to work on holidays asterisk above (*) shall observe the holiday routine. 5.10. Other Leaves 5.10.1. Maternity Leave Such leave shall be in accordance with applicable State and/or Federal law. 5.10.2. Military Leave Military leave as defined in State law shall be granted to any regular employee. All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.10.3. Workers Compensation Leave Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non safety employees shall be governed by applicable state law and City Rules and Regulations. 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 Page 19 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. CHAPTER 6.0. HOURS 6.1. Hours of Work All suppression employees and dispatchers covered by this Memorandum of Understanding shall work a fifty-six (56) hour work week with a three (3) platoon system. A work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the following day. 6.2. Work Schedule Employees in this unit shall be assigned to either eight or twenty-four hour shifts. All suppression employees and dispatchers work a fifty-six (56) hour work week in twenty-four (24) hour shifts within a twenty-seven (27) day cycle. X = 24 hour on -duty period 0 = 24 hour off-duty period Example: XOXOX/0000/XOXOX/0000 Fire prevention personnel work different schedules according to administrative needs. The work week will consist of 40 hours or 56 hours respectively. Fire prevention personnel working eight hours shifts shall work as follows: Monday through Friday 0800 to 1700 hours Any employee working the suppression schedule described above may agree to transfer to a prevention, training or other special assignment, subject to the approval of the Fire Chief. If transferred to the forty (40) hour work week in such a capacity outlined above, such employee shall receive five percent (5%) premium pay. The length of the transfer shall be two (2) years, but may be modified by mutual agreement between the employee and the Fire Chief. 6.3. FLSA Overtime Overtime shall be calculated pursuant to the Fair Labor Standards Act. 6.4. Overtime All employees covered by this Memorandum of Understanding shall be paid at the rate of time and one-half of their established hourly rate for time worked in excess of their regular forty (40) hour or fifty-six (56) hour work week. There shall be no compensatory time off; all overtime shall be paid Page 20 overtime. Overtime shall be administered in accordance with the provisions of Policies and Procedures Manual 1-V-17, which is hereby incorporated by reference. Effective December 1, 1994, dispatch personnel shall receive overtime pay in accordance with the provisions and calculated in the same manner as FLSA overtime for suppression personnel (sleep and/or meal time is not subtracted from their hours worked for the purposes of calculating FLSA overtime). CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT 7.1. Staffing Levels Through attrition, the City may reduce the number of captains to eighteen (18) and the number of engineers to eighteen (18), operating from six (6) fire stations. Any other changes in the current staffing levels will be subject to meet and confer. 7.2. Grooming Standards All personnel covered by this Memorandum of Understanding shall conform to the following guidelines: 7.2.1. Hair Members shall have their hair properly cut, styled or trimmed, so as to present a neat appearance at all times. There shall be no ponytails or ques worn by any personnel covered by this Memorandum of Understanding and hair for males shall not be braided. The following guidelines for hair shall apply: A. The bulk of hair shall not exceed 1 and 1/2 inches in depth. B. Sideburns shall not extend below the earlobes. The maximum width of sideburns, at the bottom, shall not exceed 1 inch. C. Hair may extend over the ears; however, the lower 1 inch of the ear shall remain exposed. D. Hair may extend to the bottom of the collar, when standing in a normal erect position. 7.2.2. Facial hair Facial hair is not allowed; however, the wearing of mustaches is permitted in accordance with the following: A. Mustaches shall be neat and trimmed and shall not extend beyond the corners of the mouth more than 1 inch. B. Mustaches shall not extend downward beyond the corners of the mouth more than 3/4 of an inch. 7.2.3. Jewelry The wearing of rings is optional; however, no personnel covered by this Memorandum of Understanding shall wear earrings, studs, or posts while on duty. Note: Policy 1 -VI -2 shall be changed to reflect these agreements on grooming standards. A set of drawings, depicting the standards set forth above shall be attached to Policy 14I-2 and said policy is hereby incorporated by reference. Page 21 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 "E" and the Career Development Guide for Firefighter Policy 1-V-9 revised January 1989 is attached as Exhibit "F" shall both be placed in this Memorandum of Understanding. 7.3.2. Responsibility for Implementation The Fire Chief and his management staff shall have responsibility for the implementation of the Career Development Guidelines as written and approved in Policy 1-V-10, revised January 1989, and attached as Exhibit "E" and the Career Development Guide for Firefighters Policy 1-V-9, revised January 1989 and attached as Exhibit "F" to this Memorandum of Understanding. 7.3.3. Program Guidelines If guidelines are not followed by the department as written, concerned member(s) shall not be subject to disciplinary action. The City has the obligation to ensure that the employee is provided sufficient time and training to meet the standards at the required times. 7.3.4. Order of Completion There shall be no required order in completion of desired requirements. 7.3.5. Fire Prevention Certification Policy Employees should refer to Department Policy 1-V-16 for information concerning this policy. 7.4. Station Transfers Once each year between October 1 st and October 31 st, department members may submit a written request to the Fire Chief requesting transfer or stating preference in the event of transfer initiated by the department. Employees being transferred will be notified no later than November 30th. When transfers are denied or made to stations not requested, the Chief and his/her designee, when requested by the affected member, will meet with the member so affected, and explain the reason for the department's action. When considering multiple requests for transfer to the same station, the departmental needs are to be considered first, after which seniority of the applicants will be primary. 7.5. No Smoking An applicant for a non -promotional safety position in the Fire Department shall be disqualified from employment if he/she has smoked tobacco within one (1) year preceding the date of filing an application for such employment and through the probationary period of one year. 7.6. Residency Within two years of employment, all new employees in those classifications represented by the Association shall have their principal place of residence within the area designated on the map marked as Exhibit "F" and attached to this Memorandum of Understanding. Page 22 ZZ 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. 7.8. Demotion The Fire Chief may demote an employee when the following occurs: A. The employee fails to perform his/her required duties. B. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an employee at least ten (10) calendar days before the effective date of the demotion, and a copy filed with the Personnel Department. Demotion pursuant to Section 7.8, Part A of this Memorandum of Understanding shall be deemed disciplinary action and as such shall be handled according to the provisions in Chapter 8, Disciplinary Action, of this Memorandum of Understanding. 7.9. Termination of Employment 7.9.1. Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Fire Chief and the Personnel Department. 7.9.2. Termination/Demotion - Lack of Work or Funds The Fire Chief may terminate an employee because of reorganization, abolition of position, and shortage of funds. Said termination shall be considered a Reduction In Force and shall be processed in accordance with Chapter 10 Reduction in Force of this Memorandum of Understanding. 7.9.3. Termination - Disciplinary Reasons An employee may be terminated for disciplinary reasons, as provided in Chapter Eight (8) Disciplinary Action of this Memorandum of Understanding. 7.9.4. Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Chapter Three (3) probationary period of this Memorandum of Understanding. 7.9.5. Retirement Retirement from the City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. Page 23 Z 10. 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, 1999, with the adoption of this MOU, Policy 1-V-14 is revised to require "Rank for Rank" shift trades, this would include employees "certified" to perform in an acting capacity, i.e., Captain eligible to trade with another employee at the Captain rank and/or certified as eligible to function as an acting Captain (and the same would apply to trades by Engineers). CHAPTER 8.0. DISCIPLINARY ACTION 8.1. Authority The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 8.2. Definition Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or suspension resulting in loss of pay. 8.3. Causes of Disciplinary Action The City may discipline or discharge an employee for the following: A. Fraud in securing appointment. B. Negligence of duty. C. Violation of safety rules. D. Unacceptable attendance record including tardiness, overstaying lunch or break periods. E. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours. F. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. G. Unauthorized soliciting on City property or time. H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. 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. Page 24 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 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. Page 25 Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 9.4. City Manager and Arbitration If the grievance is not resolved, the grievant, the Assoc'ation, 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. 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. Page 26 10.5. Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped, shall be laid off in the same manner as a employee whose position is abolished. 10.6. Transfer Rights The Personnel Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 10.2, but no longer than the effective date of such layoff or reduction. 10.7. Re -Employment 10.7.1. General Guidelines Individuals who have been laid off or demoted shall be offered re -appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. 10.7.2. Right to Re-employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re -appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 10.7.3. Time Limits Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 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. Page 27 CHAPTER 11.0. MISCELLANEOUS 11.1. Management and Miscellaneous Positions The positions of Fire Chief, Division Chief, Fire Marshal and Training Officer are deemed management positions and are included in the Management and Mid -Management salary schedules for salaries and fringe benefits. The Fire Department clerical personnel are included in the Miscellaneous Memorandum of Understanding. 11.2. Use of Fire Apparatus for Shopping Affected employees will be allowed to use fire vehicles for shopping. Affected employees shall carry a portable radio or alert device and shall remain ready to respond to any call received. If a firefighting apparatus, which includes Rescue 50, is used for shopping, one employee will, at all times, remain with the apparatus (1 -IV -26). ' 11.3. Physical Fitness Program The San Rafael Firefighters Association and the San Rafael Fire Department agree that physical fitness of its members is a benefit to the individual employees and the department. While ultimately the responsibility of the individual employee, Station Captains will provide time for a physical fitness program utilizing as goals the following performance standards: A. Aerobic Capacity B. Muscular Strength (chin-ups): Body weight 110-135, 5 chin-ups Body weight 135-175, 4 chin-ups Body weight greater than 175, 3 chin-ups C. Abdominal Muscle Endurance (sit-ups): Minimum performance standards 30 repetitions in 60 seconds D. Upper Body Muscular Endurance (pushups): Minimum performance standards 20 repetitions in 60 seconds E. Body Composition and Body Fat: Minimum performance standards Less than 20% F. Flexibility Minimum performance Standard, plus one (1) inch 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 Page 28 will be discussed by the City and the Association and will be adopted only after mutual agreement by both parties. 11.5. Personnel Rules and Regulations The City and the Association will meet and confer over the Rules and Regulations until agreement or impasse, per the current impasse procedures, (re: Resolution No. 4027). 11.6. Drug and Alcohol Policy The City and the Association both support a drug and alcohol free work place and agree to continue to meet and confer over a comprehensive drug policy. It is understood that the policy will apply to all represented departmental employees and non -represented fire safety employees. 11.7. Light Duty Policy Light duty is offered to employees with temporary medical disabilities under the following circumstances: 1. Must be medically authorized by the individual's treating physician. 2. Any and all work restrictions or modifications necessary to accommodate the employee's temporary disability must be thoroughly defined. 3. There must be actual light duty work available that can accommodate the temporary modifications. 4. This option is available to all employees whether the debilitating injury occurred on or off duty. 5. Light duty will be applied in a non-discriminatory manner. 6. All light duty assignments will consist of work which falls within the scope of regular employment in the Fire Department which can accommodate prescribed temporary physical limitations. Light duty assignments may include, but are not limited to, departmental work such as: dispatching, fire prevention, running supplies and administrative projects. Light duty will be the only circumstance where an employee will be required to perform duties outside of his/her job description. It is understood and agreed that light duty assignments will be confined to the Fire Department. 11.8. Association Meetings with the Fire Chief The Fire Chief and/or Staff members designated by the Fire Chief, along with the representatives of the Association, shall meet at least quarterly to discuss topics and issues of mutual concern. Meetings may be called by either party. The parties will attempt to schedule the meeting within fourteen (14) calendar days of the request for the meeting, unless otherwise mutually agreed. The parties will develop and share an agenda for the meeting at least twenty-four (24) hours prior to the date of the meeting. 11.9. Safety Committee 11.9.1. Fire Department Committee In order to promote health and safety among the Fire Department employees, a joint committee of seven (7) will be established with equal representation and authority, with four (4) employees to be designated by the Fire Chief and three (3) employees designated by the Association. This committee shall be called the Health and Safety Committee. The committee shall meet regularly at least once a month in order to review accident records and other data bearing on the employee's health and safety. The committee shall make recommendations for the correction of any undesirable conditions which may be found to exist. Page 29 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. 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, 1996. 12.4.3. Effective Dates This Agreement will be in effect from July 1, 1999 through June 30, 2001. 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 Page 30 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 31 SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 1775 •lam Kenneth Martin Prdsident Date CITY OF SAN RAFAEL Daryl Chandler, Chief Negotiator Ken Nordhoff, Assistant Jit gr. % o _ ydfa o ro, Wsst. to the City Mgr. Date ---� 16 19 � Page 32 MEMORANDUM OF UNDERSTANDING CITY OF SAN RAFAEL SAN RAFAEL FIREFIGHTER'S ASSOCIATION List of Exhibits Exhibit A Salary Schedule 07/01/99 Exhibit B Salary Schedule 07/01/00 Exhibit C Side Letter, Chief Officer Suppression Qualifications Exhibit D Personnel Policies and Procedures 1-V-10 Engineer Certificate Page 19, Section 7.3.1. and 7.3.2. Exhibit E Personnel Policies and Procedures 1-V-09 Career Development Guide for Firefighters Page 19, Section 7.3.1. and 7.3.2. Exhibit F Location Map for Residency Requirement Page 33 C _O ca U O U) Q a) L L co a) c _ T C �+ cz U) Q y X W Ln Ln (n r- Ln r- v Ln ao ao O (o O (o06 T O O O m U O LLd CL co O N O 5 p (D (O N O W N M T NT CY) Nt cq Oi>o r- r` O O N O (O 0 Ln Ln c7 Ln Ln Ln .17 64 6R 69 613 (.S 613 613 69 O LO O T ON I- O O Ln Ln r cq T ap q 6% O O O m U O LLd CL co N O 5 p (D (O � c7 rn M O O U (O cq Oi>o m c; LO Ln Cf) It LO d' v 613 613 613 ui 69 613 13 U-)- Gl � Ln Ln r� V v O qt T M 0 69 O O O O 6% O O O m U CO LLd CL co N O 5 � 693 N rn N NT O U Goo Ooo rn m (n T T d: (D I� (�D} N O6 Ln Ln Ln C) . y V ItV It 1 69 69 643 61) 69 69 613 Gl � a o 69 o 6R O qt T M 0 69 0 6s 0 64 O O 6% O O O m U CO LLd CL co N 5 � 693 69 cl 69 64 LL to Eg m Gl � a o 69 o 6R O qt T M 0 69 0 6s 0 64 c 6% L L Ocu Gl � c L L Ocu C U LLd CL co N 5 CL m CD LL LL to m (n N (a Ln N U .-O_ O 1 O1 m L U CD N cb C L 'pL U O C: U- LL O O I -U CU d rl- LO U) C C O C CU N CL m LL 00 O i CV) Lq O 00 O p O Ef3 L LL rn LL O O r C7 � r C o U) m 00 CD 00 O O a O IA _ Ir ..NF V O T O CO Q O O N LO r- D1 m CF) O W W O CV 0) 0) � COD Qi Qi Q% TC� T T In ci s Y a o m ii LO LO � LO � LO It 64 y (D /LO� vJ ea 6s 6s 64). i 6s C o U) m O M0 O) O co 6 O O a O Cn In d 00 CD Q7 Lr? Q O N N LO r- D1 r- CF) O D W Lq CO COO � CD CO c3 D) T O) In Oi s Y a o m ii LO LO V) It %T 6FJ It 64 y (D CA ea Ef3 cf? EA EA Cf? C o U) m O M0 O) O co 6 O O a O N O N qt LO 00 � Q O C7 C� CD O D1 O r p V W Lq CO co � Cl CCr c3 S N T :: ccr C s Y a o m ii LO LO V) It %T 6FJ It 64 y (D b9 ffi 6s U3, U9. EA (a C o U) m O O O O) O co 6 O O a O N O N LO 00 T U) O Q � O O O � m W L• UO ca td U) N T :: T = a m u. s Y a o m ii (f} cR cl SA E9. 6FJ Vi HOO y (D 6s 6s C o U) O O O O) O co 6 O a O N O N LO 00 U) Q W L• UO ca td U) N T :: L U cc >U Cl -CD O = a m u. s Y a o m ii L •5 w ii U E m LL W Q y C O > a a) LL P LL N 70 m U CD a: m y (D U) N V _ T O O N O T O O r r O m r - W Z 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, A� a eon Paul A& Cohen See -bens Flexor Gary 0. FWH4 a David .L ZappacW The City Council met with its labor negotiators in closed session on Monday, 9-18-95 to discuss the unresolved issue associated with the experience qualifications for the Fire Chief officer classifications, which the City and the Association have been discussing as a part of finalizing the meet and confer process on the revised Personnel Rules and Regulations. The final proposal from the City, on this issue, as well as a summary of the second, agreed "rules" issue, is as follows: 1. Experience qualifications of Fire Chief Officer classifications, excluding Fire Chief: A. 3 yrs. line captain experience for promotion/appointment to any current orfuture chief officer class that has emergency incident commander responsibilities. 2 yrs of line captain experience for acting assignment to such a position. B_ No impact on the status of incumbent .chief officer employees in their current positions. C. Chief officer classifications, minus Fire Chief, include: Fire Division Chief, Fire Marshal, and Fire Training Officer. (Note: Fire Marshal and Fire Training Officer presently hold the rank of Battalion Chief.) D. The incumbent Fire Marshal remains eligible to serve as an acting incident commander, in accordance with the 11-93 arbitrated special agreement. The training program, once completed; detailed in this special agreement serves to qualify the incumbent, as 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: 7400 FIFTH AVE.. P.O. BOX 7sisso, SAN PAFAEL, CA 9497'.5.7560 Mr: James Lydon, President San Rafael Firefighters' Assn. September 25, 1995 Page 2 These rules are not intended to supersede any provisions of an existing collective bargaining agreement. What this means is that if any section of these Rules and Regulations is covered by a provision of collective bargaining agreement, the collective bargaining agreement shall prevail and the parallel provisions in the Rules and Regulations shall not apply to the affected UniL In addition to the above two items, we agreed that the experience section of each of the current chief officer job descriptions included in the Fire Department's Career Development Guide will be updated to reflect the qualifications conditions noted in # 1 of this letter. This letter constitutes the agreement of the parties, as evidenced by their signatures below. It Is intended that this letter shall be appended to the current Memorandum of Understanding (MOU) and shall be appended to future MOU's, unless modified by the meet and confer process set forth in Resolution No. 4027. K Suzan olt Assistant City Manager cc Mayor and City Council Pamela J. Nicolai Robert Marcucci Daryl aandler Dick Whitmore John Grey A1:XFircFina /Jame7sydon President, San Rafael Firefighters' Association wn.nl 1 _ �CITY OF SAN RAFAEL FIRE DEPARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION PURPOSE: CHAPTER y I Personnel Policies b Procedures SUBJECT 10 I Engineer Certification CODE 1-V-10 PAGE 1 OF 5 JDATE 1-2-89 To provide a mechanism that will enable Fire Department members to function effectively as Engineers. POLICY: A. Department members desiring promotion to the rank of Engineer must posses a valid Engineer's Certification. B. Department members not holding the rank of Engineer and desiring to see promotion to Captain must possess a valid Engineer's Certification. C. Engineer Certification is valid for a three (3) year period. D. Engineer Certification is included in the Career Development Guide for Firefighter. E. Department members must complete the engine driving and rodeo phase of Engineer Certification using a stick shift transmission and possess a valid Department of Motor Vehicle Class B license by the end of his/her second year of employment. This phase of testing will apply toward Engineer Certification and need not be repeated during the initial Engineer Certification process. OBJECTIVE: To provide a systematic process and course of instruction which will enable Fire Department members to certify as Engineers. RESPONSIBILITIES: A. PLATOON COMMANDERS - Platoon Commanders -Will be responsible for coordination of the Certification process by chairing the initial meeting, coordinating testing dates, and handling any difficulties arising during the Certification period. APPROVED �� Revised 9-22-92 14 /CITY OF SAN RAFAEL FIkE DEPARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION CHAPTER V Personnel Policies \ h Procedures SUBJECT10 I Engineer Certification CODE 1-V-10 (PAGE 2 OF 5 DATE 1-2-89 B. CAPTAIN - The Company Commander will function as the Candidate's Certification Coordinator, scheduling the initial meeting, signing the check off sheet, scheduling apparatus for training with other Company Commanders, insuring instructors are available, coordinate testing dates with the Training Officer, arrange the setting up of the rodeo and coordinate the re-examination date if necessary. The Company Commander's responsibility will be to assist the Candidate through the Certification process, providing him/her with the necessary resources. C. TRAINING OFFICER - The Training Officer will provide assistance to the Company Commander upon request and participate in the testing process. If a member fails any phase of the testing process the Training Officer will explain to the Company Commander and Candidate the area of failure and the methods to improve the Candidate's ability to satisfactorily complete that phase of the Certification. D. ENGIgE R - The Engineer will be the technical advisor to the Candidate, assisting him/her in the learning process and providing the practical hands on training required for Certification. The Engineer will also assist in the application of fire ground hydraulics. The degree of involvement by the Engineer will be determined by the Company Commander. PROCEDURE: A. Upon determination that the Firefighter desires Engineer Certification, the Company Commander shall submit a written memorandum to the Platoon Commander requesting that the Certification process commence. A copy of the memorandum will be placed in the member's training file. B. The Platoon and Company Commanders will mutually agree upon a conference date which will be attended by the Candidate, Company and Platoon Commanders, Training Officer and Engineer assigned to the Candidate's Company. During the conference, which the Platoon Commander will chair, the responsibilities and role of each Team Member will be discussed. At this meeting all materials needed to complete Engineer Certification will be explained and discussed with the Candidate. APPROVED Revi sed 9-22-92 f—�%sem/ CITY OF SAmd AAFAEL FIRE DEPARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION CHAPTER SUBJECT Rol CODE 1-V-10 IPersonnel Policies & Procedures Engineer Certification (PAGE 3 OF 5 JDATE 1-2-89 ) C. Upon completion of the meeting the Platoon Commander will forward an Acknowledgment Report to the Company Commander, with copies to the member and his training file. The Company Commander will be responsible for notifying the Platoon Commander when the Candidate desires to be Certified. D. Prior to initiating any phase of Engineer Certification training or testing the candidate must have in his/her possession the required Department of Motor Vehicle Instruction Permit to operate or drive any Fire Department apparatus. E. The Candidate must submit prior to initiating the testing process a completed Individual Engineer's Training Record to the Training Officer. In addition, the Company Commander shall coordinate the test dates. F. The Proctors shall consist of a panel appointed by the Fire Chief consisting of the following, but not limited to the ranks or positions of Platoon Commander, Training Officer, Company Commander, Engineer and two (2) alternates which may consist of any rank, Engineer or above. G. The first test taken must be the written, scheduled at any time convenient to the Platoon and Company Commanders. The practical tests must be scheduled in the first week of the month preceding the month testing is requested for inclusion in the Monthly Activity Schedule. H. Engineer Certification will require satisfactory completion of four test increments. The written test must be taken first, with the Candidate selecting the order of the remaining tests. The Candidate must pass the written test before proceeding with the practical test. Included as part of the pumping practical is a pump nomenclature utilizing the pump cut -away. I. The Driving Test will include a rodeo, pre -trip inspection and practical driving over City streets. During the Driving Test the Candidate must demonstrate his/her ability to operate both automatic and stick shift transmissions. A standard stick shift transmission must be used when completing all phases of the Engine Driving Test, i.e., pre -trip, rodeo and driving test. The Candidate will have the option of selecting the specific apparatus to be used during Certification, but as indicated above the engine must be a stick shift. If the aerial is to be used during the rodeo phase of the Revised 9-22-92 APPROVED ,�7/77 n &T F �eIPITY OF SAN RAFAEL FIRE DEPAR N NIENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION CHAPTER V Personnel Policies \ b Procedures SUBJECT 10 I Engineer Certification CODE 14-10 PAGE 4 OF 5 JDATE 1-2-89 testing, the snorkel must be used during the practical driving test. The pre -trip inspection will be conducted prior to the practical (road) test for engines. This inspection is as required by the California Commercial Drivers License Program. J. The Candidate must obtain a California Commercial Driver's Class B License as part of the certification process. The Candidate must have this license before a certification will be issued. K. The Candidate will also have the option of selecting the engine of his choice during the driving and pump operation test. Truck operation testing will include aerial and snorkel. CRITERIA: A. Failure of any portion of the testing process will only require re-examination of that phase, but the Candidate must wait thirty (30) days before retaking the failed portion. Failure to satisfactorily complete the test the second time will require that the Candidate wait six (6) months before retaking the failed portion of the certification process. B. The Candidate will have the option to withdraw from the Certification process at any time during the testing procedure. Written notice will be sent to the Candidates indicating their satisfactory completion or failure of the testing procedure. C. CAPTAIN - The Company Commander will function as the Candidate's Certification Coordinator, scheduling the initial meeting, signing the check off sheet, scheduling apparatus for training with other Company Commanders, insuring instructors are available, coordinate testing dates with the Platoon Commander and Training Officer, arrange the setting up of the rodeo and coordination of the re- examination date if necessary. D. The Company Commander's responsibility will be to assist the Candidate through the Certification process, providing him/her with the necessary resources. E. Unusual circumstances may develop where, because of mechanical failure of a specific piece of apparatus, weather conditions, Department activity or excess emergency incidents, a Candidate cannot complete Engineer Certification, through no fault of his/her APPROVED _� 7 RPvicPd O_97 nn /CITY OF SA_d RAFAEL FIRE Gt2PARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION -r CHAPTER y I Personnel Policies 1 b Prc-..dures SUBJECT 10 I Engineer Certification CODE 14-10 (PAGE 5 OF 5 JDATE 1-2-89 own. In these situations a time extension may be granted by the Fire Chief with no loss in pay to the candidate. The specific length of the time extension will be determined by the Company and Platoon Commanders, with the Fire Chief's concurrence. F. Written notice will be sent to the Candidate indicating his/her satisfactory completion or failure of the certification process. RECERTIFICATION: Recertification will be valid for a three (3) year period. Department members desiring recertification must recertify within twelve (12) months from the date of expiration of their Certification, or they will be required to complete the entire Engineer Certification process. The recertification shall consist of the following phases of the Engineer Certification Process, i.e., driving test, rodeo, truck operation on aerial, snorkel and pumping. A. The Driving Test will include a rodeo for both engine and truck, pre -trip inspection and practical driving over City streets. In lieu of the practical driving test, a written memorandum from the Candidate's Captain indicating that during the past six (6) months the Candidate has demonstrated, to the satisfaction of the Captain, that he/she can drive both engine and truck will suffice. B. During the rodeo phase of the recertification, the Candidate will have the option of selecting the specific engine and truck that will be used during the rodeo phase of the testing. The engine must be equipped with a standard transmission. C. During the truck operation phase, the Candidate must demonstrate his/her skills on both aerial and snorkel. D. In lieu of a practical pumping test, a written memorandum from the Candidate's Captain indicating that during the past six (6) months the Candidate has demonstrated that he/she has satisfactorily pumped at drills, proficiency indexes, emergency incident, etc. will suffice. APPROVED Revised Revised 9-22-92 DATE Q- 2-'Z-��„ ff E*= 6 - - CITY OF SAN RAFAELCHAPTER V `Personnel Policies & FIRE DEPARTMENT Procedures OPERATIONS MANUAL SUBJECT 9 I Career Development Guide BOOK N O. 1 for Firefighter O R GA NI Z A T 1 0 N CODE 1-V-9 (PAGE 1 OF 3 JDATE 1-2-89 PURPOSE: To provide for the systematic development of Firefighter through his/her recruit training program to their top step salary range. POLICY: A. The four (4) year Career Development Program will be integrated into the salary step increase for each year. B. Requires that the Firefighter satisfactorily complete three (3) distinct developmental phases in addition to the probationary period before receiving his/her yearly salary step increase. C. In addition to the probationary recruit training period the Firefighter will be required to complete: 1. Engineer Certification. 2. EMT I or EMTFS. 3. Fire Prevention Certification. OBJECTIVE: Through the Career Development Program. Firefighters will be able to obtain and possess the intrinsic knowledge necessary to become a productive member of an Engine Company and provide the Company Commander with the technical resources needed to function in a complex profession. RESPONSIBILITY: A. Refer to Engineer Certification Policy. B. Refer to Fire Prevention Certification Policy. C. Emergency Medical Technician. 1. Depending on the Firefighters option, EMT I training can either be completed in the second or third year of the Career Development process. The obtainment of EMT I or EMTFS must be accomplished by the member on his own off-duty time. 0 PPROvFn 7`/1� 0 CITY OF SA[ RAFAEL FIRE DEPAmTMENT OPERArlONB MANUAL BOOK NO. 1 ORGANIZATION CHAPTER y eersonnel Policies a Procedures SUBJECT 9 I Career Development Guide for Firefighter CODE 14-9 PAGE 2 OF 3 (DATE 1-2-89 2. A situation may develop where a Department member may not have completed his/her EMT training by the prescribed time period because of class scheduling. A time extension may be granted to the member, without loss of pay, by the Fire Chief, when the member can document that he is presently enrolled in an EMT certification class. The extension will in no case extend beyond a ninety day period. RECRUIT ORIENTATION: During the Recruit Orientation the Career Development Program will be explained in depth to the newly hired member(s) and his/her responsibility in completing the four year program. Following satisfactory completion of the one year probationary period the Firefighter will again be reminded of the Career Program and his/her obligation to select either Engineer Certification or Emergency Medical Technician training as a second year Career Development Program objective. PROCEDURE: A. At the completion of the probationary period the Firefighter will have the option of either pursuing Engineer Certification or Emergency Medical Technician Training during his/her second year of employment. During the third year the Firefighter must complete the topic not selected during the second year. The fourth year will require the satisfactory completion of Fire Prevention Certification. B. The Firefighter will have the option at the completion of the probationary period to complete the subsequent three year requirements at his/her own pace, as long as all requirements are completed at the conclusion of the fourth year. A Firefighter, in completing the requirements, must complete each phase in the order alluded to in the paragraph above. C. Firefighter/Paramedics, because of the varied assignments, will be governed by a revised program. Paramedics will need to complete the twelve month probationary material within an eighteen month period, but will complete their probationary period in twelve months, based on an evaluation completed by their Company Commander and Base Hospital Emergency Room staff. During the second eighteen month period, the Paramedic will need to certify as an Engineer. The last phase of the Career Development program for the Paramedic is Fire Prevention Certification. The Paramedic will have twelve months in which to complete the Fire Prevention section of the program. APPROVED DATE l-'7- X14 CITY OF SAN RAFAEL FIRE DEPARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION ENGINEER CERTIFICATION PROCESS: CHAPTER V I Personnel Policies & Procedure - SUBJECT g I Career Development Guide for Firefighter CODE 1-V-9 IFAGE 3 OF 3 (DATE 1-2-89 A. Upon determination that the Firefighter desires Engineer Certification. the Company Commander shall submit a written memorandum to his Platoon commander requesting that the certification process commence. A copy of the memorandum will be placed in the member's training file. B. Refer to Engineer Certification Policy. FIRE PREVENTION CERTIFICATION: A. The final phase of the Career Development Guide for the Firefighter is Fire Prevention Certification. Upon completion of the first three phases. the Firefighter may commence with the fire prevention aspects of this Career Development. the purpose of the fire prevention portion of the Career Development Guide is to enable the Firefighter to develop an awareness of the Building and Uniform Fire Code and other fire prevention matter as they relate to the Company Inspection Program. B. Refer to Fire Prevention Certification Policy. APPROVE❑ -v t /%l \ 0 ', .� � z i =,�`•% Pte' F . F'