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
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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
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5.8. 1. Accrued Balance Conversion
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5.8.2. Sick and Vacation Leave Usage
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5.8.3. Hourly Rate for Leave Payoff
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5.9. Holidays
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5.9.1. Days Observed
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5.9.2. Holiday Pay
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5.9.3. Holiday Routine
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5.10. Other Leaves
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5.10.1. Maternity Leave
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5.10.2. Military Leave
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5.10.3. Workers Compensation Leave
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5.10.4. Jury Duty
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5.10.5. Court Appearance
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CHAPTER G.O. HOURS
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6.1. Hours of Work
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6.2. Work Schedule
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6.3. FLSA Overtime
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6.4. Overtime
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CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT
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7.1. Staffing Levels
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7.2. Grooming Standards
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7.2.1. Hair
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7.2.2. Facial hair
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7.2.3. Jewelry
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7.3. Career Development Program
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7.3.1. Engineer Certification Policy
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7.3.2. Responsibility for Implementation
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7.3.3. Program Guidelines
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7.3.4. Order of Completion
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7.3.5. Fire Prevention Certification Policy
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7.4. Station Transfers
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7.5. No Smoking
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7.6. Residency
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7.7. EMT -D Certification
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7.8. Demotion
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7.9. Termination of Employment
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7.9.1. Resignation
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7.9.2. Termination/Demotion - Lack of Work or Funds
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7.9.3. Termination - Disciplinary Reasons
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7.9.4. Termination - Probation
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7.9.5. Retirement
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7.10. Shift Trade Policy
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
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11.9. Safety Committee
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11.9.1. Fire Department Committee
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11.9.2. City -Wide Committee
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11.10. Outside Employment
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CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE
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12.1. Inspection of Memorandum of Understanding
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12.2. Existing Laws, Regulations and Policies
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12.3. Strikes and Lockouts
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12.4. Full Understanding, Modification, Waiver
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12.4.1. Joint Representation
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12.4.2. Modification/Waiver
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12.4.3. Effective Dates..
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12.5. Severability
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Memorandum of Understanding
between
City of San Rafael
and
San Rafael Firefighters' Association, I.A.F.F., Local 1775
The San Rafael Firefighters' Association, I.A.F.F., Local 1775, and representatives of the City of
San Rafael have met and conferred in good faith regarding wages, hours and other terms and
conditions of employment of employees in the representation unit specified in Section 1, have
exchanged freely information, opinions and proposals and have reached agreement on all matters
relating to the employment conditions and the employer/employee relations of such employees.
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act
(Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.
This Memorandum of Understanding shall be presented to the San Rafael City Council as the joint
recommendations of the undersigned for salary and employee benefit adjustments for the period
commencing July 1, 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.
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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
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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.
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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
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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:
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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%.
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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
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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'