HomeMy WebLinkAboutCC Resolution 14945 (New Memorandum of Understanding with San Rafael Firefighters' Association (SRFA))RESOLUTION NO. 14945
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND SAN RAFAEL FIREFIGHTERS’
ASSOCIATION (SRFA) PERTAINING TO COMPENSATION AND WORKING CONDITIONS
(JULY 1, 2021 THROUGH JUNE 30, 2024)
WHEREAS, the San Rafael Firefighters’ Association (SRFA) labor agreement with the
City will expire on June 30, 2021, after a one-year extension; and
WHEREAS, the City of San Rafael and representatives of SRFA have met and
conferred in good faith 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 (“MOU”) pertaining to the three-year
period from July 1, 2021, through June 30, 2024, has been ratified by SRFA members.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: From and after the date of adoption of this Resolution, the City of San
Rafael and San Rafael Firefighters’ Association (SRFA) shall utilize the MOU for the
period beginning July 1, 2021, attached hereto, as the official document of reference
respecting compensation and working conditions for employees represented by SRFA.
Section 2: The schedules describing classes of positions and salary ranges are
attached to said MOU and, together with the MOU itself, are hereby adopted and shall be
attached hereto and incorporated in full.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael, held on the 6th of July 2021, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
____
Lindsay Lara, City Clerk
MEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIREFIGHTERS' ASSOCIATION
I.A. F. F., LOCAL 1775
JULY 1, 2021- JUNE 30, 2024
This Page Intentionally Left Blank
TABLE OF CONTENTS
IGENERAL
PROVISIONS....................................................................................................... 5
1.1
RECOGNITION................................................................................................................................5
1.1.1
Association Recognition..............................................................................................................
5
1.1.2
City Recognition...........................................................................................................................
5
1.2
NON-DI$cRIMINATION....................................................................................................................
5
1.2.1
In General....................................................................................................................................
5
1.2.2
Association Discrimination...........................................................................................................
6
1.3
INSPECTION OF MEMORANDUM OF UNDERSTANDING.......................................................................
6
1.4
EXISTING LAWS, REGULATIONS & POLICIES....................................................................................
6
1.5
STRIKES & LOCKOUTS...................................................................................................................
6
1.6
SEVERABILITY...............................................................................................................................
6
1.7
FULL UNDERSTANDING, MODIFICATION, WAIVER.............................................................................
6
1.7.1
Joint Representation....................................................................................................................
6
1.7.2
Waiver & Modification..................................................................................................................
6
1.7.3
Effective Dates.............................................................................................................................
7
1.8
JOINT STUDY ON SERVICE DELIVERY MODELS AND REOPENER OPTION ...........................................
7
2
MMBA.........................................................................................................................................
7
2.1
ASSOCIATION RIGHTS....................................................................................................................
7
2.1.1
Advance Notice of Change..........................................................................................................
7
2.1.2
Dues Deduction...........................................................................................................................
8
2.1.3
Release Time...............................................................................................................................
8
2.1.4
Association Access to Work Locations........................................................................................
9
2.1.5
Association Office Space.............................................................................................................
9
2.1.6
Conduct of Business.................................................................................................................... 9
2.1.7
Association Meetings................................................................................................................... 9
2.1.8
Association Orientation of New Employees.................................................................................
9
2.1.9
Employee Information.................................................................................................................. 9
2.2
MANAGEMENT RIGHTS.................................................................................................................
10
3
COMPENSATION..................................................................................................................
11
3.1
TOTAL COMPENSATION................................................................................................................
11
3.1.1
Salary Increases........................................................................................................................
11
3.1.2
Compensation Goal & Definitions..............................................................................................
11
3.1.3
Compensation Surveys..............................................................................................................
12
3.1.4
Pay Schedule.............................................................................................................................
12
3.1.5
Fair Labor Standards Act...........................................................................................................
12
3.2
EDUCATIONALINCENTIVE.............................................................................................................
12
3.2.1
Thirty (30) College Units Fire Science.......................................................................................
12
3.2.2
AA Degree Fire Science............................................................................................................
12
3.2.3
EMT 1.........................................................................................................................................
12
3.2.4
Other Job -Related Courses.......................................................................................................
13
3.3
OUT OF CLASS COMPENSATION...................................................................................................
13
3.3.1
Firefighters and Firefighter-Paramedics....................................................................................
13
3.3.2
Fire Engineers...........................................................................................................................
13
3.3.3
Fire Captains.............................................................................................................................
13
3.4
SPECIALTY COMPENSATION.........................................................................................................
14
3.4.1
Paramedic Certification..............................................................................................................
14
3.4.2
Paramedic Liaison.....................................................................................................................
14
3.4.3
EMT I Ambulance Drivers..........................................................................................................
14
3.4.4
ALS Transport Units..................................................................................................................
14
3.4.5
BLS Transport Unit....................................................................................................................
14
3.5
OTHER COMPENSATION...............................................................................................................
14
3.5.1
Uniform Allowance.....................................................................................................................
14
SRFA MOU 2021-2024
3.5.2
Call -Back Pay............................................................................................................................ 15
4
BENEFITS...............................................................................................................................
15
4.1
JOINT BENEFITS COMMITTEE........................................................................................................
15
4.2
HEALTH & WELFARE....................................................................................................................
15
4.2.1
Full Flex Cafeteria Plan.............................................................................................................
15
4.2.2
Life Insurance and Accidental Death & Dismemberment..........................................................
16
4.2.3
Retirees Health Insurance.........................................................................................................
16
4.2.4
Contributions into Retiree Health Savings Account (RHSA).....................................................
17
4.2.5
Deferred Compensation Plan....................................................................................................
17
4.2.6
Flexible Spending Account (125 Plan) for Health & Dependent Care Expenses Reimbursement ............17
4.3
DENTAL PLAN..............................................................................................................................
17
4.3.1
Dental Plan................................................................................................................................
18
4.4
RETIREMENT................................................................................................................................18
4.4.1
Retirement Contribution.............................................................................................................
18
4.4.2
Additional Pension Funding.......................................................................................................
18
4.4.3
Retirement Plans.......................................................................................................................
18
5
SICK LEA VE...........................................................................................................................19
5.1.1
Accrual.......................................................................................................................................19
5.1.2
Sick Leave Usage......................................................................................................................
19
5.1.3
Sick Leave Service Credit Option..............................................................................................
20
5.1.4
Sick Leave Payoff upon Termination of Employment................................................................
20
5.2
VACATION LEAVE.........................................................................................................................
20
5.2.1
Policy Statement........................................................................................................................
20
5.2.2
Rate of Accrual..........................................................................................................................
20
5.2.3
Vacation Accrual Cap................................................................................................................
21
5.2.4
Vacation Accrual when on 4850 Leave.....................................................................................
21
5.2.5
Vacation Relief...........................................................................................................................
21
5.3
LEAVE CONVERSION TO HOUR FOR HOUR.....................................................................................
22
5.3.1
Accrued Balance Conversion....................................................................................................
22
5.3.2
Sick and Vacation Leave Usage................................................................................................
22
5.3.3
Hourly Rate for Leave Payoff.....................................................................................................
22
5.3.4
Vacation and Sick Leave Accrual Conversion...........................................................................
22
5.4
HOLIDAYS....................................................................................................................................22
5.4.1
Days Observed..........................................................................................................................
22
5.4.2
Holiday Pay................................................................................................................................
23
5.4.3
Holiday Routine.........................................................................................................................
23
5.5
OTHER LEAVE.............................................................................................................................
23
5.5.1
Court Appearance......................................................................................................................
23
5.5.2
Jury Duty....................................................................................................................................
23
5.5.3
Military Leave.............................................................................................................................
24
5.5.4
Workers' Compensation /Industrial Injury Leave......................................................................
24
5.5.5
Family Medical Leave / California Family Rights Act................................................................
24
5.5.6
Catastrophic Leave....................................................................................................................
24
5.5.7
Bereavement Leave...................................................................................................................
24
6
TERMS & CONDITIONS OF EMPLOYMENT.................................................................
24
6.1
HOURS OF WORK.........................................................................................................................
24
6.1.1
Work Schedule / Established Work Week.................................................................................
24
6.1.2
Shift Trade Policy.......................................................................................................................
25
6.2
OVERTIME...................................................................................................................................
25
6.2.1
Overtime....................................................................................................................................
25
6.2.2
Contract Overtime......................................................................................................................
25
6.2.3
Maximum Continuous Hours of Work........................................................................................
26
6.3
EMD-CERTIFICATION...................................................................................................................26
6.4
SELECTION PROCESS...................................................................................................................
26
6.4.1
Promotional Recruitments.........................................................................................................
26
SRFA MOU 2021-2024
6.4.2
Fire Captain Qualifications.........................................................................................................
26
6.4.3
Fire Captain — Administrative Duty............................................................................................
27
6.4.4
Rule of Three.............................................................................................................................
28
6.4.5
Duration of Eligibility Lists..........................................................................................................
28
6.5
CAREER DEVELOPMENT PROGRAM..............................................................................................
28
6.6
PROBATIONARY PERIOD...............................................................................................................
28
6.6.1
Purpose of Probation.................................................................................................................
28
6.6.2
Periodic Probationary Evaluation..............................................................................................
29
6.6.3
Length of Probationary Period...................................................................................................
29
6.6.4
Rejection During Probation........................................................................................................
29
6.6.5
Extension of Probationary Period..............................................................................................
29
6.6.6
Notification of Extension or Rejection........................................................................................
29
6.6.7
Regular Status...........................................................................................................................
29
6.6.8
Promotion of Probationary Employee........................................................................................
29
6.6.9
Unsuccessful Passage of Promotional Probation......................................................................
29
6.7
TRANSFERS /REASSIGNMENTS....................................................................................................30
6.7.1
Types of Transfers.....................................................................................................................
30
6.7.2
Minimum Qualifications & Probation..........................................................................................
30
6.7.3
Station Transfers.......................................................................................................................
30
6.8
STAFFING LEVELS........................................................................................................................
30
6.8.1
Constant Staffing .......................................................................................................................
30
6.8.2
Minimum Staffing.......................................................................................................................30
6.8.3
Hiring Additional Personnel.......................................................................................................
30
6.8.4
Paramedic Staffing....................................................................................................................
30
6.9
PERSONNEL RULES & REGULATIONS............................................................................................
31
6.9.1
Wireless Communication Policy................................................................................................
31
6.9.2
Drug & Alcohol Policy................................................................................................................
31
6.9.3
Outside Employment Policy.......................................................................................................
31
6.9.4
Use of Fire Apparatus for Shopping..........................................................................................
31
6.9.5
Light Duty Policy Statement.......................................................................................................
31
6.9.6
No Smoking / Tobacco Use Policy............................................................................................
32
6.9.7
Grooming Standards..................................................................................................................
32
6.10
MISCELLANEOUS.........................................................................................................................
32
6.10.1
Safety Committees....................................................................................................................
32
6.10.2
Management & Miscellaneous Positions...................................................................................
33
6.10.3
Medical Standards.....................................................................................................................33
6.10.4
Physical Fitness Program..........................................................................................................
33
6.10.5
Association Meetings with the Fire Chief...................................................................................
35
6.10.6
Shared Services........................................................................................................................
35
6.10.7
Gym Reimbursement.................................................................................................................
36
7
PROCEDURES.......................................................................................................................36
7.1
DEMOTION...................................................................................................................................36
7.1.1
Demotion....................................................................................................................................36
7.2
TERMINATION OF EMPLOYMENT....................................................................................................
36
7.2.1
Resignation................................................................................................................................36
7.2.2
Termination - Layoff (Lack of work or funds).............................................................................
36
7.2.3
Termination - Disciplinary Action...............................................................................................
36
7.2.4
Termination During Probation....................................................................................................
36
7.2.5
Retirement.................................................................................................................................
36
7.3
D/SCIPLINARYACTION..................................................................................................................37
7.3.1
Definition....................................................................................................................................37
7.3.2
Authority.....................................................................................................................................37
7.3.3
Causes for Disciplinary Action...................................................................................................
37
7.3.4
Appeal of Disciplinary Action.....................................................................................................
37
7.3.5
Arbitration (Disciplinary Action)..................................................................................................
38
7.4
GRIEVANCE PROCEDURE.............................................................................................................
38
SRFA MOU 2021-2024
7.4.1
Definition....................................................................................................................................38
7.4.2
Initial Discussions......................................................................................................................
38
7.4.3
Referral to City Manager............................................................................................................
38
7.4.4
Arbitration (Grievance)...............................................................................................................39
7.5
REDUCTION /N FORCE..................................................................................................................
39
7.5.1
Authority.....................................................................................................................................39
7.5.2
Notice.........................................................................................................................................39
7.5.3
Order of Layoff...........................................................................................................................
39
7.5.4
Seniority.....................................................................................................................................39
7.5.5
Bumping Rights.........................................................................................................................
40
7.5.6
Transfer Rights..........................................................................................................................
40
7.6
RE-EMPLOYMENT........................................................................................................................
40
7.6.1
General Guidelines....................................................................................................................
40
7.6.2
Right to Re-Employment............................................................................................................
40
7.6.3
Time Limits.................................................................................................................................
40
7.6.4
Availability..................................................................................................................................40
7.6.5
Probationary Status...................................................................................................................
40
7.6.6
Restoration of Benefits..............................................................................................................
40
LIST OF EXHIBITS
Exhibit A Salary Schedules for July 1, 2021 — June 30, 2024
Exhibit B San Rafael Firefighters' Association Represented Benchmark and Internal
Relationships
Exhibit C San Rafael Fire Department Drug and Alcohol Testing Policy and Procedures
Exhibit D Firefighters Outside Employment Policy
Exhibit E Memorandum from Liebert Cassidy Whitmore regarding Firefighters
Memorandum of Understanding & Firefighters Bill of Rights
Exhibit F Side Letter, Chief Officer Suppression Qualifications
Exhibit G Side Letter, Acting Captain Requirements
SRFA MOU 2021-2024 4
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 Chapter 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, 2021 and ending June 30, 2024. 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.
1 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. 12189 adopted by the City Council on February 5, 2007.
1.2 NON-DISCRIMINATION
1.2.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
orientation, perceived sexual orientation, gender, gender expression, gender identity„ marital
status, medical condition (cancer -related or genetic characteristics), genetic information
(including family medical history) or physical or mental disability.
SRFA MOU 2021-2024 5
Any employee who believes they are being discriminated against should refer to the City of San
Rafael's Harassment Policy for the process of receiving an internal administrative review of their
complaint. This administrative procedure shall be used as the internal complaint procedure in
lieu of the grievance procedure outlined in this MOU (Chapter 7).
1.2.2 Association Discrimination
No member, official, or representative of the Association shall, in any way, suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of the Association.
1.3 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.
1.4 EXISTING LAWS, REGULATIONS & POLICIES
This Memorandum is subject to all applicable laws.
1.5 STRIKES & LOCKOUTS
During the term of this Memorandum of Understanding, the City agrees that it will not lock out
employees, and the Association agrees that it will not agree to, encourage, or approve any
strike or slow down growing out of any dispute relating to the terms of this Agreement. The
Association will take whatever lawful steps are necessary to prevent any interruption of work in
violation of this Agreement.
1.6 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.7 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.7.1 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.
1.7.2 Waiver & Modification
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,
2024.
SRFA MOU 2021-2024 6
1.7.3 Effective Dates
This Agreement will be in effect from July 1, 2021 through June 30, 2024. It shall be
automatically renewed from year to year thereafter unless either party shall have notified the
other, in writing, at least sixty (60) days prior to the annual anniversary of the above date that it
desires to modify the Memorandum. In the event that such notice is given, negotiations shall
begin no later than thirty (30) days prior to the anniversary date.
1.8 JOINT STUDY ON SERVICE DELIVERY MODELS AND REOPENER OPTION
The Association and Department Management Staff agree to participate in a joint study to
analyze the service delivery models related to the ALS and BLS provisions in the MOU set forth
in section 3.4.4 and 3.4.5. The joint study will review the following:
a. Potential benefits or detriments of alternative delivery models such as a BLS pilot
program including the research and consider the creation of a Part-time Medical
Technician Job Classification including establishing a minimum set of training standards
including physical standards (feeder network for internally developed ALS candidates)
b. Assessing overtime costs
c. Assessing force hires
d. Assessing trend on service levels (for purposes of this criteria, service levels means
response times to calls for service and maintaining effective response force consistent
with Department policies)
e. Assessing the need for mutual aid
f. Safety of the public and Department personnel
g. Staffing levels
h. Cost analysis of any options
i. Assessing SOPs
j. Assessing ALS candidate pool trends for ALS hires
k. Establish criteria for downgrading a call from an ALS call to a BLS call.
I. Any other relevant criteria
The parties will complete the study and document the findings in a report no later than June 30,
2022. The report will be provided to the City Manager for review. Should an outside agency be
used to assist the study, the agency would have to be mutually agreed upon by SRFA and the
City. Opening the MOU to address the findings of the study would require the mutual agreement
of the SRFA and the City.
2 MMBA
2.1 ASSOCIATION RIGHTS
2.1.1 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
SRFA MOU 2021.2024 7
determines that an ordinance, rule, policy, 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, policy, resolution or regulation. A copy of any such ordinance, rule, policy,
resolution or regulation shall be provided to the association together with the notice required by
this Section, whenever possible.
2.1.2 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:
1. 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.
2. 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.
3. 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.
4. The employee's 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.
5. In the case of an employee who is in a non -pay status during a part of the pay period, if
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.
6. The Association shall file with the City an indemnity statement wherein the Association
shall indemnify, defend, and hold the City harmless against any claim made and against
any suit initiated against the City on account of check -off of Association dues,
assessments and other payments to the Association. In addition, the Association shall
refund to the City any amounts paid to it in error upon presentation of supporting
evidence.
2.1.3 Release Time
The City shall allow a reasonable number of Association representatives who are official
representatives of the Association be given time off without loss of compensation or other
benefits when formally meeting and conferring with representatives of this City on matters within
the scope of representation. One hundred forty-four (144) hours per calendar year shall be
provided for union release time, apart from MMB activity, with ten days advance notice and
approval of the Fire Chief. Once approved, hours will be deducted from this total on an hour for
SRFA MOU 2021-2024
hour basis per representative. Except by mutual agreement, the number of Association
representatives excused for such purposes shall not exceed three (3) at any one time, per the
approval process outlined above.
2.1.4 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.
2.1.5 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.
2.1.6 Conduct of Business
Consultations between the City and the Association, for discussion of grievances and for
negotiations between the City and Association representatives normally will be conducted
during regular working hours. Association representatives who are on duty will be allowed to
participate in such meetings.
Association officers are authorized reasonable time during on -duty hours to process employee
complaints or grievances, and to conduct negotiations with management at the local level.
2.1.7 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.
2.1.8 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. In addition, the City will also
provide reasonable advance notice to the Association of all employee orientations conducted by
the City.
2.1.9 Employee Information
The City shall provide the Association with the name, job title, department, work location, work,
home and personal cell phone numbers, home address and personal email address on file with
the City for all employees within the Association every 120 days. In addition, a report with
SRFA MOU 2021-2024 9
similar information of each Association new hire will be provided to the Association within 30
days of the hire date.
2.2 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence of facts which are the basis of the management decision.
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services.
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
7. To determine and/or change the facilities, methods, technology, means and size of the
work force by which the City operations are to be conducted.
8. To determine and change the number of locations, re -locations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to, the right to contract for or subcontract any work or operation of the City.
9. To assign work to and schedule employees in accordance with requirements as
determined by the City, and to establish and change work schedules and assignments.
10. To relieve employees from duties for lack of work or similar non -disciplinary reasons.
11. To establish and modify organizational productivity and performance programs and
standards.
12. To discharge, suspend, demote or otherwise discipline employees for proper cause in
accordance with the provisions and procedures set forth in City Personnel Rules and
Regulations, the Firefighters Procedural Bill of Rights and this Memorandum of
Understanding.
13. To determine job classifications and to reclassify employees.
14. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding and the City's Rules and
Regulations.
15. To determine policies, procedure and standards for selection, training and promotion of
employees.
16. To establish employee performance standards including but not limited to, quality and
quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the mission of the City in emergencies.
The City and Association agree and understand that if, in the exercise of any of the rights set
forth above, the effect of said exercise of rights by the City impacts an area within the scope of
SRFA MOU 2021-2024 10
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said act, and/or
Federal law, the City shall have the duty to meet and confer with the Association regarding the
impact of its decision/exercise of rights.
3 COMPENSATION
3.1 TOTAL COMPENSATION
3.1.1 Salary Increases
First year compensation increases will take effect the pay period including July 1, 2021 or the
first full pay period following Council ratification of a new MOU, whichever occurs later:
Year 1:
• Firefighter Paramedic - 2.0% general salary increase July 1, 2021 and 2.0% general
salary increase January 1, 2022
• Fire Engineer - 2.0% general salary increase July 1, 2021 and 1.5% general salary
increase January 1, 2022
• Fire Captain - 2.0% general salary increase July 1, 2021 and 2.0% general salary
increase January 1, 2022
• Fire Mechanic - 1.6%
Year 2:
• Firefighter Paramedic - 2.0% general salary increase July 1, 2022 and 2.0% general
salary increase January 1, 2023
• Fire Engineer - 2.0% general salary increase July 1, 2022 and 1.5% general salary
increase January 1, 2023
• Fire Captain - 2.0% general salary increase July 1, 2022 and 2.0% general salary
increase January 1, 2023
• Fire Mechanic - 1.6%
Year 3:
• Firefighter Paramedic - 2.0% general salary increase July 1, 2023 and 2.0% general
salary increase January 1, 2024
• Fire Engineer - 2.0% general salary increase July 1, 2023 and 1.5% general salary
increase January 1, 2024
• Fire Captain - 2.0% general salary increase July 1, 2023 and 2.0% general salary
increase January 1, 2024
• Fire Mechanic - 1.6%
3.1.2 Compensation Goal & Definitions
It is the goal of the City Council to try to achieve a total compensation package for all employees
represented by the Association in an amount equal to the following:
1. The average, plus one dollar, of the total compensation paid to the same or similar
classifications in the following ten (10) cities/districts: Alameda, Alameda County,
Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Southern Marin, South San
Francisco, and Vallejo; AND,
2. The highest total compensation paid to the same or similar classifications in agencies in
Marin County.
Total Compensation for survey purposes shall be defined as: Top step base hourly pay rate
(excluding longevity pay steps), educational incentive pay, EMT pay, holiday pay, uniform
allowance, employer paid deferred compensation (except for such portion that may be part of
SRFA MOU 2021-2024 11
employee cafeteria plan), employer's contribution towards employees' share of retirement,
employer paid contributions toward insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
3.1.3 Compensation Surveys
To measure progress towards the above -stated goal, the City will survey the benchmark
position, Firefighter -Paramedic before February of the final year of this contract.
Identified benchmark positions from other agencies include positions that are filled as well as
those that may be unfilled, so long as the benchmark position is identified by the survey agency
as having similar job duties, qualifications, class and grade compared to the Association's
benchmark position. The City and the Association may identify other city/agency positions to be
included in San Rafael's compensation survey upon similar duties, qualifications, class and
grade to those set out in Exhibit B of this MOU.
Survey data will include all salary and benefit increases, as defined in 'total compensation', in
place or to be effective no later than February 1 of that same year. The City and the Association
shall review the benchmark and related survey data for accuracy and completeness.
3.1.4 Pay Schedule
During the term of this Agreement, the parties may reopen negotiations on the City's proposed
change of the payroll schedule for suppression personnel from 24 pay cycles per year to
payment after each twenty-four day FLSA 207(k) work period, which would be approximately 15
pay cycles per year. Any changes to mandatory subjects of bargaining during the term of the
MOU will be implemented subject to mutual agreement.
3.1.5 Fair Labor Standards Act
The Parties shall continue to discuss changes to ensure the City's compliance with the FLSA. The
Parties understand that the City has the management right to administer its payroll system in
compliance with the law and also understand that all impacts of any resulting changes to employee
compensation must be negotiated with SRFA.
3.2 EDUCATIONAL INCENTIVE
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:
3.2.1 Thirty (30) College Units Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire
Department and have successfully completed 30 accredited college units of Fire Science or Fire
Technology shall receive additional compensation amounting to 2.5% of their base hourly pay
rate.
3.2.2 AA Degree Fire Science
Employees who have completed their first year of full-time service with the San Rafael Fire
Department and who possess an A.A. or A.S. degree in Fire Science or Fire Technology shall
receive additional compensation amounting to 5% of their base hourly pay rate.
3.2.3 EMT 1
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
SRFA MOU 2021-2024 12
compensation amounting to 2.5% of their base hourly pay rate. 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.
3.2.4 Other Job -Related Courses
It is agreed that college course work other than those specified in "3.2.1." and "3.2.2." 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 "3.2.1." or "3.2.2."
but will not preclude an employee from receiving "3.2.1." or "3.2.2." 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 incentives.
3.3 OUT OF CLASS COMPENSATION
When safety employees work out of their normal classification, they will be compensated and
governed by the following rules:
3.3.1 Firefighters and Firefighter -Paramedics
All firefighters and firefighter -paramedics with one and one-half (1.5) years or more of line
service (line service is defined as active participation as a member of an Engine, Truck
Company or Medic Unit working a standard 24 hour work schedule with the City of San Rafael
Fire Department) who provide documentation which proves that they meet the eligibility
requirements to take the Engineer's promotional examination are eligible to work out -of -class as
an Engineer.
All firefighters and firefighter -paramedics with four (4) years or more of line service (line service
is defined as active participation as a member of an Engine, Truck Company or Medic Unit
working a standard 24 hour work schedule with the City of San Rafael Fire Department) who
provide documentation which proves that they meet the eligibility requirements to take the
Captain's promotional examination are eligible to work out -of -class as Captain.
When working out of class as Engineers or Captains, the Firefighter or Firefighter -Paramedic
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 -Paramedic is paid at Step A, - Engineer or Step A - Captain.
3.3.2 Fire Engineers
All Engineers who meet the minimum qualifications of the Captain classification 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.
3.3.3 Fire Captains
All Fire Captains who meet the eligibility requirement to take the Battalion Chief -Operations
promotional exam may work out of class as Battalion Chief -Operations. When working out of
class as Battalion Chief -Operations, Captains will be paid the appropriate out -of -class
compensation for each full shift completed. They will be paid at the same step as their regular
position, i.e., Step C -Captain is paid at Step C—Battalion Chief—Operations.
SRFA MOU 2021-2024 1 -1
3.4 SPECIALTY COMPENSATION
3.4.1 Paramedic Certification
Fire Captains and Engineers are not eligible for the Paramedic compensation. Fire Captains,
Engineers and Firefighter -Paramedics are eligible for an A.C.L.S. incentive equal to 2.5% of
their base hourly pay rate in lieu of the E.M.T. incentive (applicable only to those employees
who have completed their first year of full-time service).
All fees and continuing education expenses associated with license maintenance will be
reimbursed by the City upon verification of completion of the required training.
3.4.2 Paramedic Liaison
The Paramedic liaison and Assistant Paramedic liaison will be selected by those individuals
assigned Paramedic duty and will serve for a minimum of one (1) year and a maximum of two
(2) years. The individual selected as the Paramedic Liaison will receive $200.00 per month
premium pay over and above his/her base hourly pay rate while serving in this capacity. The
individual selected as the Assistant Paramedic liaison will receive $100 per month premium pay
over and above his/her base hourly pay rate while serving in this capacity. Individuals may
_serve more than the 2 year maximum if no other candidates accept a nomination and run for the
position.
3.4.3 EMT/ 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.
3.4.4 ALS Transport Units
The Fire Department operates three ALS transport units. Two full-time ALS units will be staffed
with two (2) Firefighter EMT -P. The "cross -staffed" ALS unit will be staffed with a minimum of
one (1) Firefighter EMT -P and one (1) EMT Captain, Engineer, or Firefighter. The cross -staffed
unit operates from a fire station that will be decided at the discretion of the Fire Chief and may
vary on different platoons. Captain or Engineer EMT -Ps may volunteer to staff an ALS
ambulance.
The Department will utilize an available fourth ALS Transport Unit at the discretion of the on -
duty Battalion Chief or on -duty Fire Captains as needed to maintain adequate service levels.
The City shall have the right to deploy ALS Transport Units where needed as determined by the
Fire Chief.
3.4.5 BLS Transport Unit
The department may deploy a BLS Transport Unit during the term of this agreement. The
management and operational procedures related to this unit will be resolved through
negotiations with the Department's Management Staff and the Association.
3.5 OTHER COMPENSATION
3.5.1 Uniform Allowance
Uniform members of the Fire Department shall receive a uniform allowance in the amount of
$567.50 at the completion of each six months of service ending May 31 and November 30.
Uniform member employees shall receive a pro -rated amount during the first and last six
SRFA MOU 2021-2024 14
months of service of $94.58. Effective January 1, 2009 the City shall provide all new hire
uniform members with 1 shirt and 1 pair of pants at the time of appointment. When needed, a
maximum of 1 shirt and 1 pair of pants per year will be replaced by the City for all members.
The uniform shall consist of Workrite Nomex pants and the Workrite Nomex uniform shirt. Fire
Association members will be responsible for purchasing all other uniform related product with
the uniform allowance provided. When uniform members leave employment, all shirts and
pants will be returned to the department.
Fire administration will work with the Fire Association to identify 2 vendors for boot purchase.
During odd numbered years, employees will be eligible for 1 pair of boots and will be
responsible for any boot cost exceeding $160.
3.5.2 Call -Back Pay
4 Employees covered by this Memorandum of Understanding shall be paid at a rate of time
and one-half of the affected employee's regular hourly rate. Whenever an employee is
asked to continue his/her work past the scheduled duty day or is called back to
unscheduled duty by the Department. In such cases, a minimum of two hours callback
pay shall be paid.BENEFITS
4.1 JOINT BENEFITS COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of
benefit programs, cost containment, and cost savings options. The committee shall be made up
of representatives of Miscellaneous, Supervisory, Police, Fire and Management employees
4.2 HEALTH & WELFARE
4.2.1 Full Flex Cafeteria Plan
Effective January 1, 2010 the City implemented a full flex cafeteria plan for active employees in
accordance with IRS Code Section 125. Active employees shall receive a monthly flex dollar
allowance to purchase benefits under the full flex cafeteria plan.
The monthly flex dollar allowance includes the California Public Employees' Medical and
Hospital Care Act (PEMHCA) contribution hereby referred to as the PEMHCA minimum
contribution for an Employee, an Employee & One Dependent or an Employee & Two or More
Dependents.
The monthly flex dollar allowance effective the first paycheck in December 2021 shall be:
For employee only: $ 755.62
For employee and one dependent: $1,220.46
For employee and two or more dependents: $1,798.14
The monthly flex dollar allowance effective the first paycheck in December 2024 shall be:
For employee only: $ 733.39
For employee and one dependent: $1,173.42
For employee and two or more dependents: $1,525.46
SRFA MOU 2021-2024 15
Effective December 2018, flex dollar allowances shall increase on the first paycheck in December
up to a maximum of three percent (3.0%) on an annual basis, based on but not to exceed the
Kaiser Bay Area premium rate increase for the upcoming calendar year.
The monthly flex dollar allowance may be used in accordance with the terms of the cafeteria
plan to purchase medical insurance, taken in the form of cash to contribute to a deferred
compensation (457) plan, or may be converted to taxable income.
Conditional Opt -Out Payment: An employee may elect to waive the City's health insurance
coverage and receive $300 monthly Opt -Out payment in accordance with the terms of the
cafeteria plan, and the Affordable Care Act, if the employee complies with the following
conditions:
1) The employee certifies that the employee and all individuals in the employee's tax
family for whom coverage is waived, have alternative Minimum Essential Coverage
as defined by the Patient Protection and Affordable Care Act through a provider
other than a federal marketplace, a state exchange, or an individual policy.
2) During the City's annual open enrollment period, the employee must complete an
annual written attestation confirming that the employee and the other members of the
employee's tax family are enrolled in alternative Minimum Essential Coverage. The
employee agrees to notify the City no later than 30 days if the employee or other
member(s) of the employee's tax family lose coverage under the alternative
Minimum Essential Coverage Plan.
3) The employee understands that the City is legally required to immediately stop
conditional opt -out payments if the City learns that the employee and/or members of
the employee's family do not have the alternative Minimal Essential Coverage.
The City reserves the right to modify at any time, the amount an employee is eligible to receive
under this paragraph, if required by IRS Cafeteria Plan regulations, other legislation or Federal
and/or California agency guidance.
4.2.2 Life Insurance and Accidental Death & Dismemberment
The City pays premiums for a life insurance and Accidental Death and Dismemberment (AD&D)
policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a
$5,000 AD&D benefit.
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.
4.2.3 Retirees Health Insurance
Employees represented by the Association who retire from the Marin County Retirement
System are subject to Marin County Employee Retirement Association procedures and
regulations and applicable 1937 Act laws that govern such plans and are eligible to continue in
the City's retiree group health insurance program offered through PEMHCA. The City's
contribution towards retiree coverage shall be the PEMHCA minimum contribution as
determined by CalPERS on an annual basis.
A. Employees hired on or before January 1, 2010
The City shall make a monthly retiree health insurance payment on behalf of employees
hired before January 1, 2010 and who retire from the City of San Rafael as described in
this Section.
SRFA MOU 2021-2024 16
The City's monthly payment shall be the difference between the premium cost of
coverage minus the PEMHCA minimum contribution. The City's total payment (PEMHCA
minimum contribution plus additional cost of retiree premiums) shall not exceed $557 per
month. The City's retiree health insurance contribution shall continue for the lifetime of
the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for
coverage.
B. Employees hired by the City on or after January 1, 2010 and who meet the eligibility
requirements for retiree health insurance are eligible to continue in the City's group
health insurance program. The City's maximum contribution towards retiree coverage
under this subsection, 4.2.3 B, shall be the PEMHCA minimum contribution as
determined by CalPERS on an annual basis. The City shall not be responsible for
making any contributions towards the cost of coverage of the retiree's spouse, registered
domestic partner, or dependents upon the employee's retirement from the City.
4.2.4 Contributions into Retiree Health Savings Account (RHSA)
For employees hired on or after January 1, 2010, the City shall make a contribution each pay
period into a Retiree Health Savings Account (RHSA) equal to 2.0% of top Step Firefighter -
Paramedic base hourly pay for the pay period. Each eligible employee will make a contribution
in the same amount each pay period as a payroll deduction. In the event an employee's salary
is not sufficient to contribute the 2.0%, no City or employee contribution will be made until such
time as the employee's salary is sufficient to make the contribution.
This contribution will occur each pay period beginning the month after the employee has been
hired.
4.2.5 Deferred Compensation Plan
Over the course of this Agreement, the City will provide up to two deferred compensation plan
providers, as allowed under the Internal Revenue Code Section 457. Costs of the plan are
solely the responsibility of employees. No City contributions are provided for employees, except
under the Payback provision identified in subsection 4.2.1 of this Memorandum of
Understanding.
4.2.6 Flexible Spending Account (125 Plan) for Health & Dependent Care Expenses
Reimbursement
The City will continue to offer a Flexible Spending Account (Section 125 Plan) pursuant to the
IRS Code. Flexible Spending Accounts offered by the City include:
a. Out-of-pocket medical expenses that qualify under the IRS Code effective January 1,
20013 at IRS Code limit, not to exceed $2,500.
b. Dependent care expenses that qualify under the IRS Code at the IRS Code limit
(currently $5,000 for calendar year 2006).
c. Excess Medical premiums shall be deducted from employee's pay with pre-tax dollars as
long as such deduction is allowable under the applicable IRS Code.
The City shall establish an annual enrollment period for the Flexible Spending Account and
each employee must re -enroll if he/she wishes to participate in the FSA for the following
calendar year. The City shall have the authority to implement changes to the FSA programs to
comply with changes in applicable IRS laws without having to go through the meet and confer
process.
4.3 DENTAL PLAN
SRFA MOU 2021-2024 17
4.3.1 Dental Plan
a. The City will provide a dental insurance program providing 100% coverage for diagnostic
and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after
deductible) per calendar year per person, with a $75 deductible limit per family; and
orthodontic care (50/50 cost sharing).
b. The dental plan shall provide for an 80/20 cost sharing for basic services such as casts,
crowns and restorations. Major services such as bridgework and dentures are covered
using a 50/50 cost sharing formula.
c. The City will pay the entire premium cost for such a dental plan and shall pay the entire
cost for any premium rate increases occurring during the term of this agreement.
d. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar
year. Orthodontic benefits remain unchanged and are limited to those dependents up to
the age of 19 and subject to a $1,000 per person, per lifetime benefit.
4.4 RETIREMENT
4.4.1 Retirement Contribution
Bargaining unit members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
Member Cost of Living Rates. Bargaining unit members who are eligible to participate in the
Marin County Employee Retirement Association will pay their full share of member's cost of
living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and
safety member contribution rates include both the basic and COLA portions (50% of COLA is
charged to members as defined in the 1937 Act).
4.4.2 Additional Pension Funding
Effective the pay period including September 1, 2013, each member shall pay an additional
1.0% of pensionable compensation to the Marin County Employee Retirement Association
through a payroll deduction to help fund pension. This deduction shall be made on a pre-tax
basis to the extent allowed by law.
4.4.3 Retirement Plans
On January 1, 2007, the City shall provide the Marin County Employee Retirement Association
3% at 55 -retirement program to all safety members, as defined under the 1937 Act Government
Code Section 31664, subject to Marin County Employee Retirement Association procedures
and regulations and applicable 1937 Act laws that govern such plans. This is based on an
employee's single highest year of compensation with a 3% COLA benefit cap.
On January 1, 2007, the City shall provide the Marin County Employee Retirement Association
2.7% at 55 -retirement program to all miscellaneous members, as defined under the 1937 Act
Government Code Section 31676, subject to Marin County Employee Retirement Association
procedures and regulations and applicable 1937 Act laws that govern such plans. This is based
on an employee's single highest year of compensation with a 3% COLA benefit cap.
Safety employees hired on or after July 1, 2011 will receive an MCERA retirement benefit at
the formula 3%@55, calculated based on the average of their highest consecutive three years
of compensation, with a 2% COLA benefit cap.
Miscellaneous employees hired on or after July 1, 2011 will receive an MCERA retirement
benefit at the formula 2% at 55, calculated based on the average of their highest consecutive
SRFA MOU 2021-2024 18
three years of compensation, in accordance with MCERA regulations. The annual pension
adjustment will be a maximum of 2% COLA.
Safety employees hired on or after January 1, 2013 who are defined as "new members" of
MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA) of 2013, shall
be enrolled in the MCERA 2.7% @ 57 plan for Safety members. The employee is responsible
for paying the employee contribution of half of the total normal cost of the plan, as defined by
MCERA, through a payroll deduction. Final compensation will be based upon the highest
annual average compensation earnable during the thirty-six (36) consecutive months of
employment immediately preceding the effective date of his or her retirement or some other
period designated by the retiring employee.
Miscellaneous employees hired on or after January 1, 2013 who are defined as "new
members" of MCERA in accordance with the Public Employees' Pension Reform Act (PEPRA)
of 2013, shall be enrolled in the MCERA 2% @ 62 plan for Miscellaneous members. The
employee is responsible for paying the employee contribution of half of the total normal cost of
the plan, as defined by MCERA, through a payroll deduction. Final compensation will be based
upon the highest annual average compensation earnable during the thirty-six (36) consecutive
months of employment immediately preceding the effective date of his or her retirement or some
other period designated by the retiring employee.
5 SICK LEAVE
5.1.1 Accrual
Each eligible full-time employee working a 56 -hour work week shall earn sick leave credits at
the rate of twelve (12) hours per month. Represented employees working a 40 -hour workweek
shall continue to earn sick leave credits at the rate of eight (8) hours per month.
All eligible full-time employees shall earn sick leave credits at the rates specified above,
commencing with the date of employment. Unused sick leave may be accumulated to any
amount, but a cap exists for payoff purposes (see Section 5.1.4). The sick leave accrual rate is
prorated for eligible part time employees.
5.1.2 Sick Leave Usage
An employee eligible for sick leave with pay will be granted such leave with approval of the
department head for the following purposes:
a. Personal illness of the employee or illness within the immediate family (immediate family
under subsection 5.1.2 a is defined as employee's spouse, registered domestic partner,
dependent children, grandparent, grandchild, sibling and/or employee's parents or
parent -in-laws) or physical incapacity of the employee resulting from causes beyond the
employee's control; or
b. Enforced quarantine of the employee in accordance with community health regulations;
or
c. In the event of a death or critical illness in the immediate family, an employee may, upon
proper notification, be allowed to be granted an absence up to five (5) consecutive
calendar days (combining duty and off duty days), using sick leave as needed during this
period of absence, for such a circumstance either in or out of state. Where such death
or critical illness has occurred, the employee will be expected to furnish satisfactory
evidence of the situation to the Fire Chief if requested. The employee may request, and
on approval of the Department Head, receive additional sick leave hours off in the event
SRFA MOU 2021-2024 19
of such a death or critical illness in the immediate family. The immediate family is
defined as spouse, children, parents, grandparents, brothers or sisters.
Except that in a. and b. above, an employee may not use sick leave for a work-related injury
and/or illness once said employee has been determined permanent and stationary. The
Association acknowledges the Fire Chiefs right to investigate sick leave abuse.
5.1.3 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
5.1.4 - Sick Leave Payoff).
5.1.4 Sick Leave Payoff upon Termination of Employment
Upon termination of employment by resignation, retirement or death, employees who leave the
municipal service in good standing shall receive compensation of all accumulated unused sick
leave, based upon the rate of two percent (2%) of each year of service to a maximum of fifty
percent (50%). The maximum accrual limits for sick leave payoff purposes are 1,200 hours for
employees working a 40 -hour work week and 1,680 hours for employees working a 56 -hour
work week. Sick leave payoff would be subject to a maximum of 600 hours for 40 -hour per
week employees and 840 hours for 56 -hour per week employees, subject to the 2% per year
formula noted above.
5.2 VACATION LEAVE
5.2.1 Policy Statement
Four (4) members per shift shall be allowed off on vacation during all days of the calendar year
except for those sets of shifts containing a designated holiday as defined in Section 5.4.1 and
including December 241 and 31St. For sets of shifts containing a holiday, three (3) members
shall be allowed off on vacation. Vacation shall be administered in accordance with current Fire
Department policy, which is incorporated into this MOU by reference of this statement.
5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the rate shown in the charts below:
For 40 -hour per week employees
MONTHS OF SERVICE
ACCRUAL PER YEAR
ACCRUAL PER PAY
PERIOD
0 — 35 months
10 days or 80 hours
3.33 hours
36 — 119 months
15 days or 120 hours
5.0 hours
120 — 179 months
20 days or 160 hours
6.66 hours
180+ months
25 days or 200 hours
8.34 hours
SRFA MOU 2021-2024 20
For 56 -hour per week employees
MONTHS OF SERVICE
ACCRUAL PER YEAR
ACCRUAL PER PAY
PERIOD
0 — 35 months
5 shifts or 120 hours
5.0 hours
36 — 119 months
7.5 shifts or 180 hours
7.5 hours
120 — 179 months
10.0 shifts or 240 hours
10 hours
180+ months
12.5 shifts or 300 hours
12.5 hours
5.2.3 Vacation Accrual Cap
During each calendar, year employees will be limited (capped) in the number of vacation hours
they can accrue.
No employee may accrue more than 250 hours for 40 -hour per week employees and 396 hours
for 56 -hour per week employees. Vacation accruals will resume once the employee's
accumulated vacation balance falls below the allowable cap limit.
Employees may, for special situations, i.e., extended medical leave, request an increase in their
cap. Each request will need to be in writing, submitted through the department, and received
the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a
case-by-case basis and would be evaluated based on the reason for the request and be
consistent with the provisions of the MOU. This additional vacation accrual could not exceed
one-half of the employee's regular annual vacation accrual. In no case would the addition of
vacation accrual over the cap be extended beyond one additional year.
In the event that one or more City holidays falls within an annual vacation leave, such holidays
shall not be charged as vacation leave, unless the employee is on a schedule to be paid for
designated holidays in lieu of days off.
Upon termination, an employee shall be compensated in cash at his/her current rate of pay for
any vacation accrued but not taken, up to the maximum accrual cap, provided that the
employee has successfully completed his/her initial probationary period.
5.2.4 Vacation Accrual when on 4850 Leave
While on 4850 leave, if an employee exceeds the maximum vacation accrual (250 for 40
hours/week employees or 396 for 56 hours/week employees) he/she will be bought down to 200
vacation hours for 40 -hour employees and 300 vacation hours for 56 -hour employees. This
buy -down will occur when the employee returns to regular duty and will be documented via a
Personnel Action Report (PAR). The buy -down will not prevent employees from participating in
the vacation conversion program or the vacation cash in program. Once the employee's hours
have been bought down the employee will then continue to accrue vacation hours at their
regular rate.
5.2.5 Vacation Relief
Beginning January 2005, the City converted to the constant staffing model and was no longer
hiring vacation relief positions. Should the City wish to return to using vacation relief, following
meeting and conferring with the Firefighter's Association on the implementation of such change,
primary selection for vacation relief will occur annually and will be voluntary based on seniority
(those employees in the Firefighter job class with the most seniority in the Fire Department will
have the first opportunity to sign up for vacation relief.
SRFA MOU 2021-2024 7 i
If through the above reference voluntary selection process the department is unable to identify
an adequate number of firefighters for this annual assignment employees will be assigned by
the department using a least senior (seniority within the Fire Department) procedure.
Employees volunteering and/or being assigned to the vacation relief assignment must have
completed two years with the San Rafael Fire Department as a safety member. At no time will
there be more than two (2) Firefighter/Paramedics per shift assigned to Vacation Relief.
Those employees assigned to this annual vacation relief assignment shall be paid $125.00 per
month.
No employee shall serve more than three (3) consecutive years on vacation relief. After three
(3) years of not serving on vacation relief, such employee may then work up to three (3)
consecutive years on vacation relief.
5.3 LEAVE CONVERSION TO HOUR FOR HOUR
5.3.1 Accrued Balance Conversion
On January 1, 1995, each employee covered by this Memorandum of Understanding working a
regularly scheduled 24-hour shift schedule had their current balances of accrued sick leave
hours and accrued vacation leave hours multiplied by a factor of 1.5. The resulting figures then
became each employee's new accrued balances of sick and vacation leave.
5.3.2 Sick and Vacation Leave Usage
Each employee covered by this Memorandum of Understanding shall have one (1) hour of sick
leave or one (1) hour of vacation leave, as appropriate, deducted from their accrued balance for
each hour of leave used during any reportable 24-hour period.
5.3.3 Hourly Rate for Leave Payoff
Effective with the conversion to hour for hour reporting, the hourly rate used for leave payoff
purposes shall be based on 2080 annual work hours for represented job classes working a 40
hour work week and 2920 annual work hours for represented job classes working a 24-hour
shift schedule.
5.3.4 Vacation and Sick Leave Accrual Conversion
When a member moves from a 24-hour shift schedule to a 40 -hour work week, accrued
vacation and sick hours will be multiplied by 0.714 to determine new vacation and sick leave
balances.
When a member moves from a 40 -hour work week to a 24-hour shift schedule, accrued
vacation and sick hours will be multiplied by 1.4 to determine new vacation and sick leave
balances.
Vacation and sick leave accrual for employees on a 40 -hour work week will be at the rates
outlined (per pay period) in the MOU for 40 -hour work week employees.
5.4 HOLIDAYS
5.4.1 Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the following
holidays:
January 1st
Third Monday in January
New Year's Day
Martin Luther King Day
SRFA MOU 2021-2024 22
February 121h
Third Monday in February
March 31St
Last Monday in May
July 41'
First Monday in September
September 9th
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 25th
5.4.2 Holiday Pay
Lincoln's Birthday
Washington's Birthday
Cesar Chavez Birthday
Memorial Day
Independence Day
Labor Day
Admission Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
All twenty-four hour shift employees covered under this Memorandum of Understanding are
entitled to additional straight time compensation for every holiday in Section 5.4.1 that they are
employed with the City. Straight time or straight hourly rate is defined as base hourly rate plus
eligible premium pays. Said compensation shall be paid twice each year on the first pay period
of December and the first pay period of June. Effective January 1, 2019, said compensation will
be paid in the pay period in which the holiday occurs. The holiday pay formula for each holiday
will be based on the employee's straight hourly rate multiplied by twelve hours. The holiday pay
amount will be factored into the regular rate of pay for FLSA overtime.
All 40 -hour week employees shall receive an 8 -hour paid day -off or shall be paid one hour of
additional straight time for each hour worked on the holidays listed in Section 5.4, in addition to
8 hours of holiday compensation at the straight hourly rate.
5.4.3 Holiday Routine
Holiday routine shall apply to New Year's Day, Martin Luther King Day, Presidents' Day, Cesar
Chavez Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving, the
day after Thanksgiving and Christmas. In addition to the emergency responses, the holiday
routine shall consist of the normal daily emergency preparedness, routine maintenance of
facilities and equipment and the related administrative work, and participation in public
education or community events.
5.5 OTHER LEAVE
5.5.1 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 calculated at one and one-half times the employee's base
hourly pay rate. Employees shall appear in Class A uniform. The Fire Department, when
informed, shall provide appearance information for the employees. This information shall be
made available, if known, by 6:00 p.m. on the last court day preceding the scheduled
appearance date of the employee. Employees will be responsible for calling the dispatcher after
6:00 p.m.
5.5.2 Jury Duty
SRFA MOU 2021-2024 23
Employees required to report to jury duty shall be granted a leave of absence with pay from
their assigned duty until released by the court. The employee shall notify his/her employer in
advance when summoned for jury duty. If the employee is a shift employee and is selected to
serve on a jury, said employee shall not be required to perform duty during non -court hours until
released by the court.
5.5.3 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.
5.5.4 Workers' Compensation /Industrial Injury Leave
Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor
Code. Non -safety employees shall be governed by applicable state law and City Rules and
Regulations. Refer to Section 5.1.2. for qualifications regarding use of accrued sick leave.
5.5.5 Family Medical Leave / California Family Rights Act
Family leave shall be granted in accordance with the Federal FMLA of 1993 and the CFRA of
1991. Requests for Family leave are submitted to the Fire Chief for approval and reviewed by
the Human Resources Director for consistency with the law prior to approval.
5.5.6 Catastrophic Leave
Effective July 1, 2008 Association members have agreed to adhere to the provisions of the
City's Catastrophic Leave Policy which is available on the City's Intranet website.
5.5.7 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent,
sibling, in-law(s), grandparent, grandchild or a relative who lives or has lived in the home of the
employee to such an extent that the relative was considered a member of the immediate family
and/or another individual who has a legal familial relationship to the employee and resided in
the employee's household, up to three (3) days for 37.5 hour per week represented employees
(2 shifts for 56 hour per week employees) of paid bereavement leave within the state and up to
five (5) days for 37.5 hour per week represented employees (2 shifts for 56 hour per week
employees) of paid bereavement leave may be granted to attend an out of state funeral.
In those cases where the death involves an individual other than immediate family, who had
such a relationship with the employees, as defined above, the employee shall sign a simple
affidavit describing the relationship and submit this to the Fire Chief as part of the request for
bereavement leave.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 HOURS OF WORK
All suppression employees shall work a set of twenty-four hour shifts within a three (3) platoon
system. Each suppression shift lasts twenty-four (24) consecutive hours, commencing at 0800
and continuing through 0800 the following day. A set is two consecutive twenty-four hour shifts.
6.1.1 Work Schedule /Established Work Week
Employees shall be assigned to either eight hours per shift, 40 hour per calendar week
administrative shifts or twenty-four hour suppression shifts. All suppression employees are
scheduled to work four sets of twenty-four (24) hour shifts within each twenty-four (24) day
SRFA MOU 2021-2024 24
FLSA Section 7k work period as is illustrated below (commonly referred to as the "2X4"
schedule):
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XX0000/XX0000/XX0000/XX0000
Fire prevention personnel may work different schedules according to administrative needs
Any employee working the 2 X 4 suppression schedule described above may agree to transfer
to prevention, training or other special assignment, subject to the approval of the Fire Chief. An
employee assigned to any of these special assignments who works an eight-hour shift shall
receive a 5.0% premium pay. The special assignment shall last two years unless the Fire Chief
and employee agree to extend the assignment.
The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should
notify the Fire Department administration that sick leave use is needed according to current
policy and before each 24-hour shift. It is acknowledged by all parties that if a Fire Captain, Fire
Division Chief or Fire Battalion Chief determines that an employee is too fatigued to continue
work said Officer is authorized to send the employee home on sick leave.
6.1.2 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 in order to maintain appropriate staffing levels. Refer to Fire Department Policy
IVI.
6.2 OVERTIME
6.2.1 Overtime
The work period for suppression personnel is twenty-four days pursuant to Section 207(k) of the
FLSA, which begins at 8 a.m. on the first day of the work period and at 7:59 a.m. on the last day
of the work period. The work period for non -suppression employees is seven days per week for
40 hours per week. The work period for administrative personnel is seven days, Sunday
through Saturday of each calendar week. For administrative personnel, all work periods begin
at midnight on the first day of the period and end one minute before midnight on the last day of
the period.
The City shall pay FLSA overtime, i.e. hours actually worked in excess of 182 per 24 -day work
period, in compliance with the law. For non -suppression employees, the City shall pay FLSA
overtime for any hours actually worked in excess of 40 hours per seven-day work period.
Approved paid vacation and approved paid sick leave shall count as hours worked towards
overtime. There shall be no compensatory time off; all overtime shall be paid overtime.
In order to maintain appropriate staffing levels, all overtime coverage will be made on a rank for
rank basis only as outlined in Fire Department Policy IV[, or with the assurance all positions
within the company are covered to current department standards, including the placement of at
least one person licensed as a paramedic on each company.
The City may reopen negotiations during the term of the Agreement to negotiate any issue
within the scope of representation affected by the City's administration of a new payroll system
and/or changes made to comply with the FLSA.
6.2.2 Contract Overtime
SRFA MOU 2021-2024 25
For employees working a twenty-four hour shift schedule, approved paid vacation and approved
paid sick leave shall count as hours worked towards overtime.
For employees working an eight-hour shift schedule, approved paid vacation and approved paid
sick leave shall count as hours worked towards overtime eligibility..
6.2.3 Maximum Continuous Hours of Work
No employee shall work more than one hundred and twenty (120) consecutive hours without the
written approval of the Fire Chief or the Fire Chiefs designee.
6.3 EMD -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.
6.4 SELECTION PROCESS
6.4.1 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 as
soon as feasible, as determined by the Fire Chief. This will continue until a qualified candidate is
found. The City will strive to maintain active promotional lists to prepare for vacancies.
6.4.2 Fire Captain Qualifications
Option 1
A. Four (4) years full time suppression experience in the Firefighter series.
B. Associate Degree in Fire Science or Fire Technology.
C. San Rafael Fire Department Engineer Certification or Engineer Rank.
D. Completion of NWCG S-231 and S-290 curriculum.
E. State Fire Training Fire Officer Certification or completion of State Fire Training
Company officer curriculum.
- or -
Option 2
A. Five (5) years full time suppression experience in the Firefighter series.
B. State Fire Training Fire Officer Certification or completion of State Fire Training
Company Officer curriculum.
C. San Rafael Fire Department Engineer Certification or Engineer rank.
D. Completion of NWCG S-231 and S-290 curriculum.
- or -
Option 3
A. Ten (10) years full time suppression experience in the Firefighter series.
B. San Rafael Fire Department Engineer Certification or Engineer rank.
C. Completion of Fire Command 1A and 1 B or Company Officer 2D.
D. Completion of NWCG S-231 and S-290 curriculum.
- or -
Option 4
SRFA MOU 2021-2024 26
A. Seven (7) years full time suppression experience in the Firefighter series, with three
(3) of those being in the position of Fire Engineer with the City of San Rafael
B. Fire Command 1A and 1B or Company Officer 2D.
C. Completion of NWCG S-231 and S-290 curriculum
For the purpose of definition, in Section 6.4.2., Firefighter series shall mean the following job
classes: Firefighter, Firefighter -Paramedic, Fire Engineer and Fire Captain.
6.4.3 Fire Captain — Administrative Duty
Application for and acceptance of the position of Fire Captain includes the explicit
understanding that Fire Captains may be assigned to either:
A. Supervise a Fire Company and work a 24-hour per day shift on a 2 x 4 schedule
or
B. Perform an Administrative assignment with the following conditions:
1. Employee has cleared probation
2. Employee will serve as the Training/ Safety Coordinator
3. To serve as EMS Coordinator
4. Assignment is for a 40 -hour work week
• Four 10 -hour work days per week is optional.
• Work day will include 1 hour for physical fitness
Assignment to Administrative Duty
In the event Administrative assignments remain vacant following the solicitation of volunteers,
the assignment will be filled using reverse seniority based on each employee's date of
appointment.
Administrative positions will be filled at the time of the Station bidding and will last for a 2 year
period. Any period of time less than 2 years will be considered on a hardship basis at the
discretion of the Chief and the incumbent.
In the event that a Captain has fulfilled a 2 year Administrative position but no positions as a
Fire Company Captain are available, the Administrative position shall return to the bid process.
If no officers choose the Administrative position it shall be filled by the least senior Captain
having completed probation.
Once a Captain has served two years in an Administrative position, he/she will not be required
to serve again. However, a person serving in the Administrative position may serve in that
capacity for more than two years per the discretion of the Chief and the incumbent.
If 2 or more line Captain assignments are vacant at the time of the Station bid, the
Administrative position shall be suspended until the Department is able to reach full staffing of
the Captain position. When full staffing has been achieved the position shall return to the bid
process.
Compensation and Overtime
Captains filling an Administrative position shall receive (5%) Premium Pay as outlined in Section
6.1.1 and shall also receive an additional Incentive Pay of 5% added to the base salary.
SRFA MOU 2021-2024 2- 7
However, when a Captain works overtime while on Administrative assignment, this additional
10% will not be added to the hourly rate and overtime pay shall be based on the base salary.
Captains filling an Administrative assignment are eligible for shift overtime if it does not conflict
with their regular work schedule. If a Captain works shift overtime, the hourly rate of pay will be
adjusted to the 24-hour shift rate and the hourly rate will not include the 5% Premium Pay or the
5% Incentive Pay. Captains filling administrative assignments are exempt from mandatory
overtime.
Vacation and Sick Leave Accrual
When a member moves from a 24-hour shift to a 40 -hour work week, accrued vacation and sick
hours will be multiplied by 0.714 to determine new vacation and sick leave balance.
When a member moves from a 40 -hour work week to a 24-hour shift, accrued vacation and sick
hours will be multiplied by 1.4, to determine new vacation and sick leave balance.
Vacation and sick leave accrual for employees on a 40 -hour work week will be at the rates
outlined (per pay period) in the MOU for 40 -hour work week employees.
6.4.4 Rule of Three
Appointments made off of departmental promotional lists or open lists for Fire Department
vacancies which have Fire Department employees on them require filling of vacancies from
within the top three names on a certified list as follows:
1 opening =
3 candidates
2 openings =
4 candidates
3 openings =
5 candidates and etc.
The Human Resources 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. Should the number of candidates fall below the stated number for
the vacancy openings, the Human Resources Director may certify an eligibility list in accordance
with the City's Personnel Rules and Regulations Article 6.6.
6.4.5 Duration of Eligibility Lists
Eligibility lists (entry level and promotional) shall remain in effect for twelve (12) months from the
established date and can be extended by an additional six (6) months at the written request of
the Fire Chief.
6.5 CAREER DEVELOPMENT PROGRAM
The San Rafael Firefighters Association agrees to conform to the Career Development
Guidelines regarding Engineer Certification (Policy 1-V-10) and Firefighter (Policy 1-V-9) as
revised 11-18-03 and 9-23-08 respectively, and said policy is hereby incorporated by reference.
6.6 PROBATIONARY PERIOD
6.6.1 Purpose of Probation
SRFA MOU 2021-2024 28
The purpose of probation is to give the City an opportunity to evaluate an employee's
performance prior to the employee entering regular status.
6.6.2 Periodic Probationary Evaluation
After passing an examination and accepting appointment, each employee shall serve a
probationary period. During this probationary period the employee's performance shall be
evaluated at least twice, once during the fourth (4th) month and once during the eighth (8th)
month. The results of these evaluations shall be discussed with the employee.
6.6.3 Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12)
months.
6.6.4 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.
6.6.5 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.
6.6.6 Notification of Extension or Rejection
The Fire Chief shall notify the Human Resources Director in writing of his/her intention to extend
the employee's probationary period or reject the employee. After discussion with the Human
Resources Director, the Fire Chief shall notify the employee in writing of his/her extension or
rejection.
6.6.7 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.
6.6.8 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.
6.6.9 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. If
the employee has completed the probationary period in the prior classification and the employee
is subject: to dismissal without reinstatement, the employee has the opportunity to appeal
SRFA MOU 2021-2024 29
pursuant to the provisions of the Firefighters Procedural Bill of Rights Act and this Memorandum
of Understanding.
6.7 TRANSFERS / REASSIGNMENTS
6.7.1 Types 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.
6.7.2 Minimum Qualifications & 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.
6.7.3 Station Transfers
Station transfer will be in accordance with department policy 1-V-24, Station Bid Preference
Guideline, which is hereby incorporated by reference.
6.8 STAFFING LEVELS
6.8.1 Constant Staffing
The City determines the level of service and therefore the overall size of the Fire Department's
staff. However, the City is committed to provide safe staffing levels for the City's firefighters and
the public. The City and the Association agree to continue Constant Staffing as implemented in
2005. This allows the City to maintain staffing needs through current staffing levels and
callback when necessary. Constant Staffing levels will consist of a range not to exceed 22
personnel per each shift operating no more than six companies and no more than 2 medic units.
The City shall promptly commence hiring and/or promotions to ensure refreshed staff at each
rank and to minimize or eliminate forced overtime.
6.8.2 Minimum Staffing
Minimum Staffing will consist of a range of personnel per each Company. The range will consist
of staffing each engine company with 3 members qualified to function in the following roles, (1)
Captain, (1) Engineer, (1) Firefighter or Firefighter Paramedic. Staffing for each Medic unit shall
consist of (2) Firefighter Paramedics.
6.8.3 Hiring Additional Personnel
The City may hire up to one additional personnel in an effort to maintain full staffing levels.
Hiring additional personnel beyond one additional personnel would require the mutual consent
of the Fire Chief and the Association.
6.8.4 Paramedic Staffing
It is a goal of the fire department to assign at least one Firefighter/Paramedic to each Engine or
Truck Company and realize ALS assessment capabilities for those units.
SRFA MOU 2021-2024 30
Captain or Engineer EMT -Ps no longer receive the direct paramedic incentive that is now built
into base salary and are encouraged to continue participation in the paramedic program in an
effort to deliver ALS service from all fire stations. The City will facilitate the continued cost of
EMT -P licensure and continuing education. Captain and Engineer EMT -Ps are encouraged to
assist with fire department staffing to maximize our ability to field Engine/Truck Companies as
Assessment Units.
Firefighter/Paramedics will serve in assignments on Engine or Truck Companies and Medic
Units to facilitate the maintenance of firefighting and paramedic skills. Quarterly or less frequent
station rotation of non -probationary Firefighter/Paramedics between two fire stations may
be employed to enable this alternation of duties. Firefighter/Paramedics are available for
occasional relocation from regularly assigned stations when exigent circumstances require a
paramedic to maintain the provision of ALS service on Medic Units.
6.9 PERSONNEL RULES & REGULATIONS
The City and the Association met and conferred over a revision to the City's Rules and
Regulations and agreement was reached in October of 1995. Prior to final consideration of any
future, proposed amendments to these rules that constitute a change in or impacts wages,
hours or terms and conditions of employment, said proposed amendment(s) shall be subject to
the provisions of the Meyers-Milias-Brown (MMB) Act.
6.9.1 Wireless Communication Policy
Effective July 1, 2008 Association members have agreed to adhere to the provisions of the
City's Wireless Communication Policy which is available on the City's Intranet website.
6.9.2 Drug & Alcohol Policy
The City and the Association both support a drug and alcohol free work place. Association
members will adhere to the provisions of the Drug and Alcohol Testing Policy and Procedures
attached herein as Exhibit E and will continue to work with the City to develop a mutually
agreeable policy within the terms of this Memorandum of Understanding. It is understood that
the policy will apply to all represented departmental employees and non -represented fire safety
employees.
6.9.3 Outside Employment Policy
No regular employee shall engage in any employment, activity or enterprise for compensation
which is inconsistent, incompatible, in conflict with or inimical 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. Effective July 1, 2008 Association members
have agreed to adhere to the provisions of the City's Firefighters Outside Employment Policy
attached herein as Exhibit F and available on the City's intranet website.
6.9.4 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.
6.9.5 Light Duty Policy Statement
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.
SRFA MOU 2021-2024 31
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: 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.
6.9.6 No Smoking / Tobacco Use Policy
Employees hired by the City of San Rafael after 7/1/08 are required to sign a condition of
employment statement that they agree not to smoke or use tobacco products of any kind while
employed by the City of San Rafael. This signature must be obtained prior to the date of hire.
Employees hired before 7/1/08 will not be allowed to smoke or use other tobacco products as
follows:
1. While inside any City/Fire Department vehicle
2. While in public when on -duty or in uniform
3. In compliance with State Law and Local Ordinances
The City will provide tobacco cessation assistance to employees who desire to stop using
tobacco products. Employees will be referred to the City's employee assistance program for
initial assistance and, if needed, will be eligible to receive up to $2500 in additional funds to
complete a certified tobacco cessation program. Written approval from the Fire Chief is
required for the additional funding.
6.9.7 Grooming Standards
All personnel covered by this Memorandum of Understanding shall conform to the Grooming
Standards specified in Departmental Policy 1 -VI -2 and said policy is hereby incorporated by
reference.
6.10 MISCELLANEOUS
6.10.1 Safety Committees
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 quarterly or more often as needed 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.
SRFA MOU 2021-2024 32
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.
6.10.2 Management & Miscellaneous Positions
The position of Fire Chief is deemed a management position and included in the Resolution
Pertaining to the Compensation and Working Conditions for Unrepresented Management and
Mid -Management Employees for salaries and fringe benefits. The Fire Division Chief, Fire
Battalion Chief - Operations, and Administrative Chief are deemed mid -management positions
and are included in the San Rafael Fire Chief Officers' Association schedules for salaries and
fringe benefits. The Fire Department clerical personnel are included in the S.E.I.U. 949
Supervisory and Miscellaneous Units Memorandum of Understanding, with the exception of the
Administrative Assistant to the Fire Chief position, which is part of the Association of
Confidential Employees.
6.10.3 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, Firefighter -
Paramedic, Engineer, and Captain will be discussed by the City and the Association and will be
adopted only after mutual agreement by both parties.
6.10.4 Physical Fitness Program
Members of the Association have agreed to adhere to the provisions of the Employee Health
and Wellness Program as outlined below:
A. Health and Wellness Committee
Fire Management will manage a Wellness/Fitness Committee with representation
comprised of both Fire Management and representatives of the Association. The
purpose of the Committee is to maintain a comprehensive Wellness/Fitness program to
improve the physical and general health of all unit employees.
B. Health and Wellness Program
Employees shall participate in a Wellness/Fitness program conducted by a mutually
agreed upon provider.
1. Comprehensive Fitness Assessment and Profile
A fitness evaluation will be conducted annually by a mutually agreed upon provider.
This evaluation may include, but not limited to:
a. 12 lead EKG printout with computer interpretation at rest
b. Pulmonary function recording of lung capacity and flow rates
c. Resting and exercise blood pressure measurement
d. 12 lead EKG printout during graded exercise treadmill test
e. Body composition evaluation
f. Abdominal endurance crunch test
g. Pushup evaluation of upper body strength and endurance
h. Grip strength
i. Lower body strength test
j. Trunk, legs, shoulder and spinal flexibility tests
k. Health appraisal and coronary risk questionnaire
I. Individual fitness profiles compiled from above evaluations
SRFA MOU 2021-2024 33
2. Blood Chemistry Panel
The blood chemistry panel shall include, but not limited to the following:
a. Glucose, Bun, Creatine, Bun/Creatine ration, SGOT, SGPT, LDH,
GGTP, Billirubin, Alkaline Phosphate, Calcium, Phosphorus, Potassium,
Chloride, Uric Acid, Triglyceride, Cholesterol (HDL & LDL and Coronary
risk ratio), Globulin, Albumin, Total Protein and A/G Ratio, PSA for male
and OCS for female employees.
3. Heavy Metal and Special Exposure Screening (hazmat members or under
specific exposures)
Baseline testing for heavy metals and special exposures may be performed under
special circumstances, such as hazardous materials exposures; recurrent
exposures; other known exposures; or where under federal, state, or provincial
regulations requires it, such as OSHA standards. The following screenings may be
utilized: urine screen accesses exposure to arsenic, mercury and lead; blood screen
for lead and zinc protoporphyrin assesses exposure to lead; testing and screening
for specific exposure or other heavy metal screens may include aluminum, antimony,
bismuth, cadmium, chromium, copper, nickel and zinc; and special blood testing may
be ordered for organophosphates, RBC cholinesterase, or other toxic exposures
such as blood screening for exposure to PCBs.
4. Lecture Series and Individual Presentations
The wellness Portion of the program will include the following:
a. Lecture series on health, nutrition, injury prevention, and exercise
science topics.
b. Literature for topic specific needs or interests dealing with wellness and
fitness to be provided at each work site.
5. Physical Fitness
Unit employees will have up to 2 hours per day for physical fitness and personal and
facility readiness, unless an emergency or call for service prevents a workout. Unit
employees shall adhere to the physician's recommended physical fitness program.
Unit employees must be in their uniforms and ready for duty after completing their
workout. Captains shall schedule workout time for each Company. On occasion,
Department management may adjust workout times when necessary to
accommodate other Department business.
The City will provide funds to purchase additional exercise equipment for each fire
station during the term of this agreement. The equipment to be purchased shall be
determined by the Health and Wellness committee and approved by the Chief.
C. The Program
This program is designed to provide an effective method for keeping employees healthy
by implementing methods for early detection of potential health issues. The City shall
pay for annual examination associated with this program and will adhere to all HIPAA
confidentiality issues. All medical records are strictly confidential in accordance with
State and Federal law. Participation in this program is mandatory.
D. Annual Examination
SRFA MOU 2021-2024 34
The City shall provide a physical examination conducted by a health professional
annually for all unit employees to include a stress EKG reviewed by a cardiologist.
The health professional will evaluate all employees' EKG, fitness, and blood
chemistry plan results and will provide a confidential summary to each employee.
Employees are responsible for adhering to the recommendations indented by the
assessment team and any follow-up recommendations from the cardiologist, for
actually participating in the lectures series and for reading the literature provided by
the City.
2. Upon request, a physician shall provide each male employee a:
a. Digital prostate exam
b. Hernia examination
c. Skin examination
3. Upon request, a physician shall provide each female employee a:
a. Mammogram
b. Pap Smear
c. Breast examination
d. Skin examination
E. Examinations and Scheduling
The physical examination and all involved medical tests shall be administered while
employees are on duty as scheduled by the City. Employees agree to take such stress
EKG and physical examination when scheduled.
F. Agreement to Abide to Examinations Findings
Employees agree to abide by the findings of the medical examination and to comply with
any of the program's medical doctor's prescribed plans to correct medical deficiencies,
including excess weight. All subsequent additional medical examinations shall be
arranged for and paid for by the City. This understanding is not intended to waive any
rights of the employee under State law.
G. Findings Make Known to City and Employee
Medical findings determined through such examinations shall be made known to the
employee in writing by the physician. The City shall be notified of any work restrictions
resulting from said examination, if applicable.
6.10.5 Association Meetings with the Fire Chief
The Fire Chief and/or Staff members designated by the Fire Chief, along with the
representatives of the Association, shall strive to meet at least quarterly to discuss topics and
issues of mutual concern. Meetings may be called by either party. The parties will attempt to
schedule the meeting within fourteen (14) calendar days of the request for the meeting, unless
otherwise mutually agreed. The parties will develop and share an agenda for the meeting at
least twenty-four (24) hours prior to the date of the meeting.
6.10.6 Shared Services
The City and the Association agree to pursue opportunities to share services with other
agencies, including the potential of the formation of a JPA for fire/rescue services. The City and
SRFA MOU 2021-2024 35
the Association understand that the Association will be involved in any shared services
discussions with any other agency throughout that process.
6.10.7 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
memberships. Such reimbursement shall be reported as taxable income to the employee.
7 PROCEDURES
7.1 DEMOTION
7.1.1 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 subsection 7.1.1 A of this Memorandum of Understanding shall be
deemed disciplinary action and as such shall be handled according to the provisions in Article
7.3, Disciplinary Action, of this Memorandum of Understanding.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 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.
7.2.2 Termination - Layoff (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 Article 7.5, Reduction in Force, of this Memorandum of
Understanding.
7.2.3 Termination - Disciplinary Action
An employee may be terminated for disciplinary reasons, as provided in Article 7.3, Disciplinary
Action, of this Memorandum of Understanding.
7.2.4 Termination During Probation
The rejection of an employee during his/her initial probationary period is covered in Article 6.6,
Probationary Period, of this Memorandum of Understanding.
7.2.5 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.
SRFA MOU 2021-2024 36
7.3 DISCIPLINARY ACTION
7.3.1 Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or
suspension resulting in loss of pay.
7.3.2 Authority
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as required or
to observe the Department's safety rules and regulations or for engaging in strikes, individual or
group slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding.
7.3.3 Causes for Disciplinary Action
The City may discipline or discharge an employee for the following:
A. Fraud in securing appointment.
B. Negligence of duty.
C. Violation of safety rules.
D. Unacceptable attendance record including tardiness, overstaying lunch or break
periods.
E. Possession, distribution or under the influence of alcoholic beverages, non-
prescription or unauthorized narcotics or dangerous drugs during working hours.
F. Inability, unwillingness, refusal or failure to perform work as assigned, required or
directed.
G. Unauthorized soliciting on City property or time.
H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
I. Unacceptable behavior 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 inimical to the public service.
T. Inability or refusal to provide medical statement on cause of illness or disability.
7.3.4 Appeal of Disciplinary Action
SRFA MOU 2021-2024 37
Whenever punitive action is undertaken, the offending employee shall have the opportunity for
an administrative appeal which will be conducted in conformance with the Administrative
Procedure Act and this Memorandum of Understanding. Such appeal must be filed with the City
Manager or his/her designee by the employee in writing within fourteen (14) calendar days from
the date of the discipline/discharge and unless so filed the right of appeal is lost.
7.3.5 Arbitration (Disciplinary Action)
The appellant may have the appeal heard by the City Manager or may request arbitration. If an
employee elects to have an appeal heard by the City Manager, the employee must state in
writing that he or she waives his/her right to an appeal that conforms to the procedures of the
Administrative Procedure Act.
If arbitration is requested, the arbitration will be held in conformance with the Administrative
Procedure Act, California Code of Regulations, and other applicable statutes. Representatives
of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually
acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be
shared equally by the appellant and the City.
A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator
unless the mutually accepted arbitrator's schedule does not so permit, in which case the hearing
shall be held not more than 120 days after the selection of the arbitrator. The arbitrator shall
hear either party's position; but shall rule on the merits of each party's case as presented during
the hearing, and shall subsequently have the power to affirm, reject, or provide a lesser form of
discipline. 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.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
A grievance is any dispute, which involves the interpretation or application of any provision of
this Memorandum of Understanding, or any Fire Department policy specifically referenced
herein, except issues concerning appeals of punitive action, which is governed by Article 7.3,
Disciplinary Action, of this Memorandum of Understanding. Policy 1 -VI -3 is specifically
incorporated by reference.
7.4.2 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.
7.4.3 Referral to City Manager
Any employee or any Association official (hereinafter referred to as the "Grievant")shall notify
the City Manager and Fire Chief in writing that a grievance exists. In such notification, the
reporting Grievant shall state the particulars of the grievance and the remedy or resolution
desired, if articulable.
SRFA MOU 2021-2024 38
No grievance may be processed under Section 7.4.4 below, which has not been first heard and
investigated in pursuance of Section 7.4.2. A grievance which remains unresolved fourteen (14)
calendar days after it has been submitted to the City Manager in writing may be referred to
arbitration.
Any time limit may be extended to a definite date by mutual agreement of the Association and
the appropriate management representative.
7.4.4 Arbitration (Grievance)
If the grievance is not resolved, the Grievant 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 extent
permitted by the Charter of the City.
7.5 REDUCTION IN FORCE
7.5.1 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.
7.5.2 Notice
Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least
thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association
shall also be so notified.
7.5.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description, and salary. Extra -hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full-time permanent employee.
7.5.4 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.
SRFA MOU 2021-2024 39
D. If all of the above are equal, date of certification for appointment shall be
determinative.
7.5.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, or into
the next lower classification in which such employee has previously held regular status. An
employee, who is bumped, shall be laid off in the same manner as an employee whose position
is abolished.
7.5.6 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 Section 7.5.2, but no
longer than the effective date of such layoff or reduction.
7.6 RE-EMPLOYMENT
7.6.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.6.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
7.6.3 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.
7.6.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.6.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re -appointment.
7.6.6 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.
SRFA MOU 2021-2024 40
SRFA MOU 2021-2024 41
SAN RAFAEL FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 1775
CITY OF SAN RAFAEL
Tim avis, Lead Negotiator
Attorney, Burke Williams Sorensen
Anthony Alviso, Fire Captain SylvMGonzalez- Iton
HR Operations Manager
Wil a Berkey, Firefighter -Paramedic / on ;1
Analyst
Daniel Rotwein, Firefighter -Paramedic
Robert Winner, Fire Captain
Jimmy favrez, Fire Engineer
Conan Kelly,fire
raham Winkelman, Firefighter -Paramedic
Date
SRFA MOU 2021-2024
Date
8/3/2021
Z
O
Q
U
O
U)
N
Q
w
H
2
0
LL
w
w
J
w
LL
NQ
LL
Z
Q
U)
w
J
D
w
U
U
}
Q
IL
w
Q
m
N
O
N
T
d
r
w
C
m
L
cu
d
LL
0
N
O
L
m
7
C
m
O
CO
CtN
N
d
d
O
R
E
CD
mm
C2
N
0
0
7
C13
0
a
N
ui
H
O
z
2
a
v
N
N
r
N
N
Lr)CA
O
to
CD
to
C7
O
V'
IT
m
O
N
M
tt)
00
�
(O
O
CO
C]
CD
(D
(O
r
O
r
N
v
Ch
�
r`
fA
01
0)
('7
('7
r
CD
(O
LO
OI
N
to
N
O
co
O
CA
M
O
r
V'
'T
N
V'
(n
v
N
O
O
N
N
DI
O
M
CA
O
Oi
r`
O
N
O
r
W
V'
V'
IT
to
C)
Ui
(a
(a
(a
(a
(a
(a
(a
(A
(a
(A
(a
in
(a
U3,
(a
(a
(a
ITV'
r
OI
CA
CA
m
Lo
r
N
(f)
CD
V'
(7
O
O
h
N
co
(D
00CO
O
r
N
a0
(D
r`
r
Of
CO
CA
O
C)
CO
CA
r
(D
N
CO
CD
co
O
m
CO
A
O
co
CT
00
v
r -O
(o
-
CD
(T
(O
0
(Li
0
CD
c!
V�
o
CD
(O
LOm
(Pi
(3
v
v
v
(n
co
Co
(a
(a
(a
(a
(a
(a
(a
(a
(a
u9
(a
(a
(a
(a
(a
(a
(a
(a
r-
C'7
(O
Of
O
O
00
C`
LL7
(C)
LO
O
r
CO
r
v
(O
V'
I-
CO
CD
N
CA
co
(D
r-
O)
r
r
m
�
V'
Co
O
r
CA
O
oI
O
CO
O
O
N
V'
D)
M
(O
(D
V'
00
M
CD
r
D1
N
CO
(D
Cn
r
o
r
CA
n
v
0000
co
V
CD
(+)
(+l
M
Ui
ffi
fa
be
(A
fa
(A
EA
(a
(A
(a
(a
to
K)
(a
(a
(a
(A
f`
O
O
O)(O
Co
V'
Of
(O
W
CD
M
r
to
r
O
N
V'
O
h
r`
co
co
co
N
r
N
V'
O
V'
CO
CI)O
I-
r
Cd(O
a)
co
r
V-
CI)(n
f7
r`
r-
o)
C
v
CO
co
CO
o
CD
In
U(
v_
v
a0
r
(D
(V
v
LL7
co
(3)
O
m
V
N
R
O
co
(A
(O
v
CA
N
Ch
O
tD
co
(A
v)
(a
(a
(a
(a
(a
(a
(a
(a
(a
(a
(a
(a
EA
EA
(A
69
O
v
O
N
CD
LO(O
O
O
O
M
(O
V'
r
O
v
O
v
r
m
co
(O
(O
O
r
r
0)
(O
r
(D
O
Df
o
r`
O
r
(h
V'
QI
V'
C`
CO
CO
DI
o
00
(O
V'
N
O
( P
O
NCO
N
r
V'
Ch
Cl)
Df
V'
n
_
O
In
O
V'
co
(O
U�
Q
CO
m
O
V'
O
(O
C)
Cn
IT
IT
00
O
Co
O
CO
(a
(s»
(a
EA 1
(a 1
(a
(a
(H
(a
ea
(a
(»
(a
fill
691
(A
(a
(a
7
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
_
to
N
Q)
U
U
(n
C
d
_
m
U
"O m
o
E �
CL
U)U
(12 m
C
9
C
N
CN
c y
(L O a
N
«9
LN
3
N
fU OU
U
U
W
Lo
CD
rnar
E
r 1°
LL
LL
iLiL
iL
iL (,° a
d
v
C
O
O
O
O
O
�
(D
N�
d
(a
2
a
v
N
N
r
Z
O
F-
0 O
U)
Q
W
H
0
LL
LU
w
LL
J
W
a
Na
I.L
Z
a
U)
W
J
M
a
W
U
Cl)
Q
CL
LU
U)
Q
m
N
N
O
N
r
m
c
m
m
v
W
C
m
L
(U
2
d
LL
0
N
O
L
(0
7
C
l9
co
O
C
N
N
u)
d
O
CL
E
m
w
f0
12
y
7
O
L
M
r
m
co
(D
co
m
14-r-
r
M
N
r
N
o
M
m
to
o
O
N
m
w
m
m
V
m
O
(D
O
O
O
�
N
r
O
N
O
(D
Cl)
o
N
r
NV
N
V
V
m
Lo
O
m
N
m
ri
V
m
LO
r
(O
N
0)
O
N
r
N
Cl!
O
N
O
W
V
(00
N
V
(
rOi
N
v
fA
K9
69
G9
fA
fA
Lo
fA
fA
fA
69
fA
fA
fA
fA
69
"1
69
M
m
M
Cl)
O
O
r
O
m
M
O
(D
O
V
M
O
(n
r
r
O
V
N
N
V
M
M
(n
(D
m
o
N
co
O
(O
M
r
N
Oo
O
V
V
O
O
O
M
N
V
M
O
m
In
17
N
O
m
m
M
M
M
r
r
m
O
N
M
V
V
V
N
V
O
�
O
M
V
fA
f9
69
fH
fA
fA
fA
fA
fA
fA
fa
fA
(f9
69
fA
fA
fA
fA
M
M
O
V
N
O
m
M
M
O
N
M
r
(D(1')
((')
m
O
m
m
N
r
M
m
O
CO
(D
N
m
N
r
(D
O
r
Lq
u7
M
(O
r
(D
V
(O
m
r
N
M
M
(Q
m
m
O
V
m
V
cq
M
N
M
m
(D
V
N
M
V
M
LO
V
O)
Cl)
O
m
V
O
V
M
Go
M
f»
f»
(.9
fA
f»
64
fH
f»
69
U,
61
69
fA
f»
fA
fA
N9
64
M
r
m
m
(O
r
(D
M
M
O
m
Cl)
N
O
V
N
m
m
m
O
M
r
0
O
M
m
N
m
LO
N
m
_
O
O
m
�_
N
r
(D
O
r
�
N
m
m
O
IQ:
M
m
m
O
C?
M
(D
O
(O
m
m
(O
r
m
cc)
o
m
N
V
N
M
V
O
r
Cl)
m
r
V
m
N
Cl)
O
(O
M
fA
be
1 69
(9
59
fA
fA
fA
f»
f»
69
fH
fig
fH
691
69
69
69
Cl)
O
r
u]
r
r
m
m
O
m
N
m
m
V
O
(D
o
m
O
m
(D
r
V
M
r
V
N
r
r
m
r
V
(O
(D
m
N
M
_
O
m
O
(D
m
N
O
r
co
(O
r
(O
O
r_
(D
r
N
m
N
(O
m
V
N
Q
CD
Cl)
N
V
O
(O
Cl)
m
(O
V
(3)
M
(O
Cl)
f»
f»
f»
69
fs
f»
f9
fA
f»
f»
f»
f9
fA
f»
f»
Co
f»
f»
7
L
T
7
L
J.
7
'C
1.
j
L
C
C
Q
C7
O
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
2
C
C
Q
C
O
rL
7
O
2
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
2
Q)
a_
,U
U
d
f0
a
O N
d
H
n
=oc
m m
U)
v
CL
CL
cn
L d
N
N C U
w
f0
m
m 2
�
ii
LL.
ii
iL
ii
iL �° a
d
O
O
V
LO
O
O
O
O
�
N
W
f9
_
_
_
w
J
w
2
U
Q
a
w
Q
C13
N
N
O
N
r
i
d
W
N
N
U
co
1-
M
N
Cl)
O
n
M
oLO
N
r
t0
0
V
r --M
N
N
v
V
o
c0
r`
1`
(O
m
v
o
M
r
O
0)
O)
O
N
LO
c(')
O
r
CO
1�
(D
('7
O
r
(0
m
r
R
t0
(A
('7
V'
CO
O
c0
N
CO
N
O
V
c0
O1
O
M
O)
(0
1n
O
N
W
v
Cf)
�
v
EA
fA
(A
fA
fA
fA
u)
EA
EA
EA
W.
fA
(fl
(A
to
fA
fA
G9
to
(0
cc)
r)
O
O
c7
co
IT
N
r
V
�
Cl)
r
0)
N_
O
r
(O
0)
c0
O
co
N
0)
CO
M
O
r
c0
to
N
(0
M
O
O
O
cl
0)
O
O
co"
N
O
c0
O
N
O
0)
co
O
C7
00
O
0)
O
1�
0)
m
m
O
C
m
'OV
IT
N
R
cN
O
Cl)
V'
fA
fA
fA
EA
N
fA
U)
N9
EA
fA
fA
fA
6q
fA
G(9
fA
fA
fill
c0
�
p
0)
M
O
1`
(O
c0
r
1`
O
(0
r
v
O
c0
R
c0
1`
R
LO
MF
mO
O
N
r
r
m
'V
LO
O
1-
co
O
V
N
M
O
0)
O
1`
O
In
(3
1`
O
O
(0
O
R
to
i0
O
M
U
N
V'
v
(`O')
(0
v
C)
v
O
C)
)n
O
cc)
m
O)
(h
fA
(A
(A
fA
fA
fA
fA
fA
fie
fA
fA
rfl
EA
co
fA
fA
fA
EA
c0
0)
O
O
(Ot0
r
a0
R
(O
c0
0)
(1)
00
V
0)
O
(D
O
c7
f0
O
(O
co
O
0)
O
N
(O
O
c0
(O
c7
Cl)
O
N
O
r
(3
OV
O
(h
N
m
V
Q)
Q)
Cl)
Q7
O
O
N
c0
r
(D
c0
(D
(O
0)
r
Qi
c0
cc)
m
N
N
v
N
V
v
O
r)
0)
(D
v
O)
M
C)
O
r
CO
EA
of
EA
rfl
fA
fA
fA
fA
(A
fA
fA
to
fA
GH
fA
vs
vj
fA
r
O)
C)
0)
O
OO
O
0)
N
(M
V'
w
N
(O
O
V
Cl)
m
O
O
c0
O
V
N
(�
r
O
of
_
.
f0
cri
Cl)
C
N
r)
O
0
(A
ao
P7
Cl)
N
to
0)
1--
O
of
w
r;
(O
0)
1�
c0
Q
v
N
v
O
M
°)
v
01
Cl)N
O
Cl)
fA
69
fA
(A
W
fA
fA
(A
W.
fA
fA
fA
W
W
fA
fsi
EA
EA
T
f6
T
L
T
T
c9
T
L_
T
T
l9
T
L_
T
T
m
T
L_
T
T
(q
T
L
T
T
M
T
L_
T
C
Q
C
O
2
7
O
=
C
C
Q
C
O
7
O
2
C
C
Q
C
O
7
O
2
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
2
C
C
Q
C
O
7
O
_
h
N
Q
.0
U
_
C
(v
~
(D
z
m Z
U)
U
ca
N 'Y
3•
ai O a
(0
m
N
m
C
c)
L N
aUi 3
(U
r
tU U
r L�
U
U
Li
Lo
m
IT a (u
r E2
LL
LL
LL
9
ULO
C_O
rl-
O
O
r
N
L
r
N
N
U
Z
O
a
U
O
U)
U)
a
w
I-
0
U.
LU
w
LL
J
w
a
a
Z
a
U)
LU
J
0
w
U
CO
a
a
w
U)
a
m
U
C
l0
L
d
0
N
O
L
(0
C
(0
O
co
C
N
fp
N
O
C.
E
d
w
f0
N
5
0
W
c
c
0
N
CiN
O
'7
N
co
Cl)
0)
N
v
Om
r
O
O
r-
O
N
U')
V
r
w
m
N
co
N
LO
r
m
m
co
(O
00
M
CO
O
m
(O
—
N
r
O
N
M
1-
N
CO
V
O
CTI
O
C14cq
)O
co
m
r
r-
o
r
W
'V
m
It
!P
N
LO
M
R
(D
LO
m
Cl)
N
(h
fA
iA
fA
fA
fA
fA
fH
fA
fH
fA
fA
fA
fA
f!)
fA
fA
fA
fH
O
m
m
O
V
m
(l')
V
Nr
(D
.—
m
O
00
O
O
(D
r
M
)O
v
(D
N
O_
R
m
a0
r
ao
Ln
m
C6
) t)
m
u'/
m
Ld
N
O
m
(D
V
Cl)
O
m
(q
m
Cl)
cr
Cl)
m
)O
O
N
m
LO
aq
N
O
N
aq
G
O
V
R
N
LO
fh
N
sr
V)
fA
f»
fA
fA
EA
69
Hi
fH
fH
EA
fH
69
f»
fH
(A
f»
fH
N
r
�
(�)
r
N
(f)
m
co
O
_O
N
CO
m
aO
r
c)
V'
r-
00
m
O
CO
co
N
r•
m
a0
O
(D
m
(+)
M
(+)
M
N
O
M
M
m
O
(O
O
O
r-
m
co
cr
LO
(O
(D
(D
a0
O
r
n!
N
(n
r
a0
V
O
oc
(D
r
m
N
O
0O
(O
O
(Orl
O
V
fA
to
w
w
w
fA
w
fA
w
w
fH
fA
fill
w
w
w
fA
fA
CC)
(D
(D
O
O
V
(D
r
C7
m
R
r
O
N
N
r
to
'0'
(D
V
m
O
(O
sY
(O
t+)
N
(D
u)
N
r
co
O
(O
r•
('7
O
(�
M
O
V'
N
r
(O_
R
N
O
N
M
('�
m
O
-
[h
O
m
(D
N
O
R
N
m
R
(+)
m
M
O
(O
OV
O
O
co
M
Di
M
co
V)
W
f»
fA
64311
fA
fA
fN
fH
fA
f»
f»
fA
f»
w
fA
f»
fA
(O
(D
(O
O
a0
M
r-
(D
O
(O
(O
Cl)
m
R
r•
O
r
mN
NIT
R
r
r
co
( f)
IT
r
N
co
m
N
r0
0
0
C
(n
r
0
m
r
r
O
o
v
m
m
o
m
r
a
0
N
0
_
(o
N
C)
r
O
(o
m
M
to
C',
co
)O
(ri
m
r
fO
r
O
co
0
M
V
V'
M
69fA
69
W
U4
to
6e
fA
UA
fin
fH
fH
fH
fA
691
:H
691
69
7
L
a
=
L
a
j
L
>`
j
L
T
j
L
�+
j
L
�+
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Qto
C
O
7
O
_
CO
C
73
U_
U
d
N
t4
a
,C
U 1.7
'O
E
n
o
C
U)
C
(D
�
C Y
f9 a)
3.
m a
CL
m
�
c
L d
a) 3
d
L
N� U
L
L)
wm
rnaE
LL
ii
ii
v
O
V
O_
O
O_
O_
O
N_
(0
r•
r•
r•
r•
r
Z
O
Q
U
O
U)
U)
Q
N�
I.L
w
I--
3: 2
C9
LL
w
w
LL
J
w
Q
Z
a
w
J
D
a
w
U
N
Q
a
w
Q
m
co
N
O
N
r
m
LU
co
u7
u7
O
m
CO
r
O
CO
N
r
m
r
O
(D
N
r
CD
u7
LO
LO
CD
O
Cl)
1-
IT
O
O_
co
r
N
CO
O
v
N
r,-
m
M
CD
O
M
N
u7
M
N
r
v
m
m
co
m
m
m
M
U�
N
O
CO
O
m
u7
LU
Ou]
u)
M
LO
co
u7
V
LO
O
v
M
rfl
Fn
V)
Vi
(n
(n
64
Vi
Vi
V)
Vi
vi
Vi
Vi
69
V)
69
V)
O
r
V'
V
u7
v
u7
O
r
O
O
u7
CD
m
LL7
v
rOD
O
O
Ln
r
Cl)
U')v
m
m
r
m
m
N
r
w
m
CO
v(D
N
Co
m
h
m
O
v
�
M
v_
m
Cl)
fD
1,
N
M
m
o(O
u7
M
O
m
CD
v
v
v
u7
N
v
(vn
00
m
N
v
(»
64
Vi
Vi
Vi
(.)
V!
Vi
Vi
Vi
Vi
V)
V!
Vi
Vi
w
Cn
w
m
O
N
LO
N
m
Cl)
m
r-
1-
17
O
m
u)
(n
m
O
m
O
m
O
1-
O
u7
Cl)
m
N
O
N
m
CO
O
Cl)
1-
v
m
m
m
CD
u]
O
N
IT
Cl)
m
CO
Cl)
N
U
10
M
N
V
A
mo
N
CT
CO
O
m
O
0
N
r.
O
CO
r
M
m
m
O
V)
V)
w
Vi
V►
to
w
Vi
Vi
V)
Vi
w
Vi
w
69
to
Vi
Vi
O
m
(D
LL7
1-
ar
N
N
10
O
m
N
_
(D
O
m
m
m
r
O_
in
(O
N
O
m
Cl)
m
Co
O
CO
N
LO
CO
h
O
Cl)
O
O
L
N
v
N
M
u7
fD
m
m
—
M
10
CO
O
N
N
LO
CO
O
O
u7
m
�
O
m
N
V
m
V
M
O
v
O
Cl)C
(m7
w
Vi
in
w
w
(»
w
Vi
Vi
(a
fie
Vq
u►
V)
w
Vi
b9
Go
co
CD
(D
O
10
O
IT
mm
(D
r
M
m
11')
M
u)
(D
r
O
m00
m
(D
CD
to
y
Cl)
N
N
O
Cl)
u7
V
N
N
O
R
�
u]
CO
1. -
O
m
O
a0
m
m
O
N
Co
C6
v
M
_
CO
u)
M
N
m
m
O
Q
N
N
v
O
Cl)
m
I
m
m
O
M
(»
L9
v,
Vi
Vi
Vi
(n
Vi
Vi
IA
w
Vi
(n
(A
Vi
(A
En
64
T
T
T
T
T
T
T
T
T
T
T
T
C
Q
C
O
7
O
2
C
C
Q
C
O
.
7
O
=
C
C
Q
C
O
2
7
O
2
C
C
Q
C
O
2
7
O
2
C
C
Q
C
O
2
7
O
2
C
C
Q
C
O
2
7
O
2
y
N
.=
U
m
h
O
C
a
U
v y
F-
n
O
E Z,
s
U)
U
3
wc
m
c
m
E
m
d.oa
m
m
m
rn
L m
aa) 3
m
r
a) -aU
r E a
Lo
CD
CM a E
)�°
ii
LL
d
0
U
LO O_
O
O_
O_
O
N_
CD
Z
O
Q
U
O
U)
N
Q
N
w
F-
O
LL
w
J
w
Q
LL
Q
Z
Q
C0
w
J
D
LU
U
U
Q
a
w
U)
Q
m
CD
Cl)
m
))'f
LO
Go
CO
m
CD
fD
Cl)
O
O
N
m
0
r --CD
rN
m
V'
c0
CD
m
f0
CD
CD
CD
IT
co
co
N
m
(n
V'
D)
N
m
O
L
N_
O
Cl)
O
V'
m
�
O
O
O
V•
f+?
CO
N
O
ao
uJ
i17
LO
t
to
m
CD
V'
N
O
toV'
N
m
v
V -
E9
V)
Vi
V)
69
EA
fA
69
69
fie
fA
V)
69
69
m
69
V)
69
LO
O
LO
V'
N
V'
m
Lr)
m
O
r-
CO
LO
m
CO
r—
co
co
N
m
m
O
m
mc0
m
CD
LO
O
D)
m
U)O
LP
CD
O
N
Cn
O
CD
O
O
C
r
D)
)f)
CO
r
U7
m
W)
co
m
O
fD
L,)
G
V'
N
N
m
N
O
f0
m
to
V'
m
a)Ncli
r
O
V'
fn
V'
m
Q
V)
69
fA
V)
V)
fA
V)
&►
69
G9
fill
V)
V)
f»
69
to
V)
V)
m
)�
h
N
V'
O_m
f0
a--
V'
O
m1.-
m
V
h
V'
!PCO
m
cc:))
N
Co
O
r
V'
t0
CD
V'
O
N
N
U
m
N
N
O
m
O
Cl
O
m
N
m
m
m
O
W?
fD_
O
V
:.%
m
V'
V'
N
V'
1f j
O
M
N
V.
cA
fin
V)
V)
Vi
fH
V)
V)
V)
V)
V)
V)
V)
cA
69
V)
V)
69
CD
O
m
Cl)
O
V
N
r-
r`
00
fO
m
m
LO
fO
LOr-
fA
V'
m
lD
V'
O
O
N
m
m
m
ft7
r
m
m
m
V•
rn
o
D)
v_
m
c
�
Di
o
o
m
v
co
o
v
m
v
cD
ao
m
cD
o
m
fn
°D
m
m
v
m
v
v
o
LO
O
m
m
V)
1 69
GA
V)
V)
V)
V)
fA
69
fA
69
f»
V)
V)
69
to
V)
V)
CO
O
m
m
CD
CD
O
m
m
m
V'
O
O
m
0
m
m
V'
N
m
v
V'
m
m
r-
V'
c0
m
O
V'
m
m
m
m
V'
r
r
m
mrz
V'
N
r
m
m
O
O
CO
N
O
V
N
CO
V'
N
O
N
Cl)
O
V'
m
7
co
m
m
Co
m
m
m
Cd
v
m
m
C0
V'
m
Cl)
CA
cA
CA
V)
w
Vi
fa
69
to
I f»
V)
V)
w
to
69
fA
f»
V)
TT
T
j
T
L
T
T
j
T
T
T
�.
T
a
T
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
=
C
C
Q
C
O
7
O
M:
u�i
ayi
N
�
U_
U
q)
N
76CD
a
,C
U L
s
2m
CL
U)
U
o f�O
11
d
C
cm
L N
U
d
N O U
p
Uco
w
3
m
CF) OL
Lr
2
m
�o
-
�r�°
ii
LL
u
iL d
ii
i% :° a
v
O
V
O
C)
O O
co
Exhibit B
SAN RAFAEL FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
REPRESENTED BENCHMARKS
AND
INTERNAL RELATIONSHIPS
Effective JULY 1, 2008
Benchmark Job Class: Firefighter*
Internal Relationship: Fire Captain Specialist = Fire Captain + 5% (base salary)**
*Firefighter is identified as the benchmark job class for compensation survey purposes.
Under the current system any increase granted to the Firefighter would also be granted
to other job classes.
**New Fire Captain Specialist internal relationship established July 1, 2008. The Fire
Dispatcher internal relationship was terminated June 30, 2008.
The Fire Mechanic position shall be based on the City's ability to pay and the labor
market comparison for mechanic positions that perform similar duties to those of the
Fire Mechanic.
Note: This exhibit is used to display salary relationships; the MOU document itself must
be reviewed to see specifics of compensation changes.
WACity Council RelatedWeeting Reports\201819-17-181SRFA\Exhibit B Benchmarks.doc
Exhibit C
DRUG AND ALCOHOL TESTING POLICY AND PROCEDURES
The procedures outlined in this document relating to drug and alcohol abuse and drug•and
alcohol testing shall also be subject to all applicable provisions of the Memorandum of
Understanding between the City of San Rafael (hereinafter "Employer") and the San Rafael
Firefighters Association, Local 1775 (hereinafter "Association") as well as any Rules and
Regulations or Policies and Procedures which have been agreed to following the meet and confer
process.
Section 1. Policy: The Employer and the Association, recognize that drug use by employees
would be a threat to public welfare and safety of department personnel. It is the goal of this policy
to provide an alcohol/drug free workplace and to eliminate illegal drug use and alcohol abuse
through education and rehabilitation of the affected personnel. The possession, use or being under
the influence of alcoholic beverages or unauthorized drugs shall not be permitted at the Employer's
work sites and/or while an employee is on duty. Exception: Alcohol may be stored at the
workplace for use at social events which may or may not be held at City facilities. Employees on
duty shall not consume alcohol under any circumstances.
Section 2. Informing Employees About Drug and Alcohol Testing: All employees shall be
fully informed of the Fire Department's drug and alcohol testing policy. Employees will be
provided with information concerning the impact of the use of alcohol and drugs on job
performance. In addition, the Employer shall inform the employees on how the tests are conducted,
what the test can determine and the consequence of testing positive for drug use. All newly hired
employees will be provided with this information on their initial date of hire. No employees shall
be tested before this information is provided to them. Prior to any testing, the employee will be
ME
required to sign the attached consent and release form. Employees who wish to voluntarily seek
assistance may do so by contacting the Fire Chief or The Association. The person contacted will
contact the employer on behalf of the employee and make arrangements to implement the
rehabilitation portions of this policy. No disciplinary action will be taken against an employee
unless he/she refuses the opportunity for rehabilitation, fails to complete a rehabilitation program
successfully, or again tests positive for drugs within two (2) years of completing an appropriate
rehabilitation program.
Section 3. Employee Testing: Employees shall not be subject to random medical testing
involving urine or blood analysis or a similar or related test for the purpose of discovering possible
drug or alcohol abuse. If, however, there is reasonable suspicion that an employee's work
performance is currently impaired due to drug or alcohol abuse, the Employer may require the
employee to undergo a medical test consistent with the conditions set forth in this Policy. This
reasonable suspicion may be based upon the following:
Involvement in a fatal or serious bodily injury accident or in an accident involving substantial
property damage (i.e., in excess of $25,000); or
An observable phenomena, such as direct observation of drug/alcohol use or the physical symptoms
of being under the influence of a drug or alcohol; or
An arrest or conviction of a drug related offense; or
Involvement in a physical altercation while on duty.
Section 4. Sample Collection: The collection and testing of the samples shall be performed
only by a laboratory and by a physician or health care professional qualified and authorized to
administer and determine the meaning of any test results. The laboratory performing the test shall
-2-
be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory chosen
must be agreed to between the Association and the Employer.
The laboratory used shall also be one whose procedures are periodically tested by NIDA
where they analyze unknown samples sent to an independent party. The results of employee tests
shall be made available to the Medical Review Physician.
Collection of blood or urine samples shall be conducted in a manner which provides the
highest degree of security for the sample and freedom from adulteration. Recognized strict chain of
custody procedures must be followed for all samples as required by the NIDA. The Association
and the Employer agree that security of the biological urine and blood samples is absolutely
necessary, therefore, the Employer agrees that if the security of the sample is compromised in any
way, any positive test shall be invalid and may not be used for any purpose.
Blood or urine samples will be submitted as per NIDA Standards. Employees have the right
for Association or legal counsel representatives to be present during the submission of the sample.
A split sample shall be reserved in all cases for an independent analysis in the event of a
positive test result. All samples must be stored in a scientifically acceptable preservation manner as
established by NIDA. All positive confirmed samples and related paperwork must be retained by
the laboratory for at least six (6) months for the duration of any grievance, disciplinary action or
legal proceedings, whichever is longer. Employer retained sample will be stored in the evidence
locker of the San Rafael Police Department. At the conclusion of this period, the paperwork and
specimen shall be destroyed.
Tests shall be conducted in a manner to ensure that an employee's legal drug use and diet
does not affect the test results.
Section 5. Drug Testing: The laboratory shall test for only the substances and within the limits
for the initial and confirmation test as provided within NIDA standards. The initial test shall use an
-3-
immunoassay which meets the requirements of the Food and Drug Administration for commercial
distribution. The following initial cutoff levels shall be used when screening specimens to
determine whether they are negative for these five drugs or classes of drugs:
Marijuana metabolites 100 ng/ml
Cocaine metabolites
300 ng/ml
Opiate metabolites]
300 ng/ml
Phencyclidine
25 ng/ml
Amphetamines
1,000 ng/ml
If initial testing results are negative, testing shall be discontinued, all samples destroyed and
records of the testing expunged from the employee's file. Only specimens identified as positive on
the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS)
techniques at the following listed cutoff values.
Marijuana metabolites 15 ng/ml
Cocaine metabohtes3 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamines
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
1 If immunoassay is specific for free morphine the initial
test level is 25 ng/m1.
2 Delta -9 -tetrahydrocannabinol -9 -carboxylic acid
3 Benzoylecgonine
-4-
If confirmatory testing results are negative all samples shall be destroyed and records of the testing
expunged from the employee's file.
Section 6. Alcohol Testing: A breathalyzer or similar test equipment shall be used to
screen for alcohol use and if positive shall be confirmed by a blood alcohol test performed by the
laboratory. The screening test shall be performed by an individual qualified through and utilizing
equipment certified by the State of California. An initial positive alcohol level shall be .08 grams
per 210 L. of breath. If initial testing results are negative, testing shall be discontinued, all samples
destroyed and records of the testing expunged from the employee's file. If initial testing results are
positive, the test shall be confirmed using a blood alcohol level. Sampling handling procedures, as
detailed in Section 4, shall apply. A positive blood alcohol level shall be .08 grams per 100 ml of
blood. If confirmatory testing results are negative all samples shall be destroyed and records of the
testing expunged from the employee's file.
Section 7. Medical Review Physician: The Medical Review Physician shall be chosen and
agreed upon between the Association and the Employer and must be a licensed physician with a
knowledge of substance abuse disorders.
The Medical Review Physician shall be familiar with the characteristics of drug tests
(sensitivity, specificity, and predictive value), the laboratories running the tests and the medical
conditions and work exposures of the employees. The role of the Medical Review Physician will
be to review and interpret the positive test results. The Medical Review Physician must examine
alternate medical explanations for any positive test results. This action shall include conducting a
medical interview with the affected employee, review of the employee's medical history and review
of any of the relevant biomedical factors. The Medical Review Physician must review all medical
records made available by the tested employee when a confirmed positive test could have resulted
-5-
from Iegally prescribed medication.
Section 8. Laboratory Results: The laboratory will advise only the employee and the
Medical Review Physician of any positive results. The results of a positive drug or alcohol test can
only be released to the Employer by the Medical Review Physician once he has completed his
review and analysis of the laboratory's test. The Employer will be required to keep the results
confidential and it shall not be released to the general public.
Section 9. Testing Program Costs: The Employer shall pay for all costs involving drug and
alcohol testing as well as the expenses involved of the Medical Review Physician. The Employer
shall also reimburse each employee for their time and expenses, including travel incurred, involved
in the testing procedure.
Section 10. Rehabilitation Program: Any employee who tests positive for illegal drugs or
alcohol, shall be medically evaluated, counseled and referred for rehabilitation as recommended by
the EAP Counselor (The EAP Program selected for use in conjunction with this policy will be one
agreed to by the employer and the union. It is anticipated that a specific EAP/drug alcohol
counselor will be selected and named in this policy.) Employees who successfully complete a
rehabilitation program will be retested once every quarter for the following twenty-four (24)
months. An employee may voluntarily contact the EAP Counselor and/or may voluntarily enter
rehabilitation without having previously tested positive. Employees who enter a rehabilitation
program on their own initiative shall not be subject to retesting as outlined above. Employees
covered by this policy will be allowed to use their accrued and earned annual leave and/or sick
leave for the necessary time off involved in the rehabilitation program. If an employee, subject to
retesting, tests positive during the twenty-four (24) month period, they shall be subject to
disciplinary action as per the Department Rules and Regulations and/or Memorandum of
Understanding. Any employee testing positive during the twenty-four (24) month period shall be
re-evaluated by the E.A.P. counselor to determine if the employee requires additional counseling
and/or treatment. The employee must participate in any additional rehabilitation and/or counseling
as directed by the E.A.P. counselor. Subsequent to completion of additional counseling and/or
treatment, the employee will again be subject to random retesting for a twenty-four (24) month
period. If an employee tests positive during this subsequent twenty-four (24) month period, the
employee will be subject to discipline as per the Department Rules and Regulations and/or
Memorandum of Understanding.
Section 11. Duty assignment after treatment. Once an employee successfully completes
rehabilitation, they shall be returned to their regular duty assignment. Once treatment and any
follow-up care is completed, and three (3) years have passed since the employee entered the
program, the employee's personnel file shall be purged of any reference to his/her drug or alcohol
problem.
Section 12. Right of Appeal: The employee has the right to challenge the results of the
drug or alcohol tests and any discipline imposed in the same manner that any other Employer action
under the terms of this agreement is grievable.
Section 13. Association held Harmless: The Employer assumes sole responsibility for the
administration of this policy and shall be solely liable for any legal obligations and costs arising out
of the provisions and/or application of this collective bargaining agreement relating to drug and
alcohol testing. The Association shall be held harmless for the violation of any worker rights
arising from the administration of the drug and alcohol testing program.
-7-
Section 14. Changes in Testing Procedures: The parties recognize that during the life of
this agreement, there may be improvements in the technology of testing procedure which provide
for more accurate testing. In that event, the parties will bargain in good faith whether to amend this
procedure to include such improvements.
Section 15. Conflict with Other Laws. This Article is in no way intended to supersede or
waive any constitutional or other rights that the employee may be entitled to under Federal, State or
local statutes.
APPROVED:
Dated: By:
APPROVED:
Dated: By:
SRr-FDru g&AJcohol.TST
CONSENT AND RELEASE FORM
FOR DRUG/ALCOHOL TEST PROGRAM
I acknowledge that I have received a copy of, have been duly informed, and understand the
San Rafael Fire Department's drug and alcohol testing policy and procedures. I have been provided
with information concerning the impact of the use of alcohol and drugs on job performance. In
addition, I have been informed on how the tests are conducted, what the test can determine and the
consequence of testing positive for drug use.
I have been informed of the San Rafael Fire Department's Employee Assistance Program. I
understand that if I voluntarily come forward and ask for assistance to deal with a drug or alcohol
problem through the Employee Assistance Program, that I will not be disciplined by the Employer.
I understand how drug/alcohol tests are collected and further understand that these are
medical tests that are conducted under the auspices of a Medical Review Physician. I understand
that the Medical Review Physician will review and interpret any positive test results, and that I will
have an opportunity to be interviewed by the Medical Review Physician to review my status, my
medical history and any relevant biomedical factors prior to the San Rafael Fire Department being
informed whether I passed or failed the test.
I understand that a confu-med positive drug or alcohol test result will result in my referral to
the San Rafael Fire Department Employee Assistance Program and that I will be required to
complete a rehabilitation program. No disciplinary action will be taken against me unless I refuse
to take a drug/alcohol test, refuse the opportunity for rehabilitation, fail to complete a rehabilitation
program successfully, or again test positive for drugs/alcohol within two (2) years of completing an
- 9 -
appropriate rehabilitation program. I understand that such disciplinary action, as described herein,
may include dismissal from the San Rafael Fire Department.
Printed or Typed Name of Employee
Signature of Employee
Date
SRFFDrug&Alcohol TST
- 10 -
PURPOSE:
Exhibit D
CITY OF SAN RAFAEL
POLICIES AND PROCEDURES
Subject:
Firefighters Outside Employment
Resolution No.
N/A
Issue Date:
July 9, 2008
Revision Date:
N/A
Prepared By:
Leslie Loomis, HR Director
Approved By:
Ken Nordhoff, City Manager
FIREFIGHTERS OUTSIDE EMPLOYMENT POLICY
In order to avoid actual or perceived conflicts of interest for employees engaging in outside
employment, all employees shall complete an annual outside employment notification form and submit
it to the Fire Chief between January 1-15 of each calendar year. Outside employment shall be
administered in accordance with the provisions of this policy.
RESPONSIBILITY:
All City Departments, Divisions, and City Officials. Any substantial violation of the provisions
contained herein respecting outside employment or use of City property or resources shall constitute
sufficient grounds for disciplinary action, up to and including termination.
REFERENCES:
Government Code 1126
DEFINITIONS:
A. Outside Employment: Any employee who receives wages, compensation or other consideration of
value from another employer, organization or individual not affiliated directly with the City for
services, product(s) or benefits rendered. For purposes of this section, the definition of "Outside
Employment" includes those employees who are self employed and not affiliated with the City for
services, product(s) or benefits rendered.
B. Outside Overtime: Any employee who performs duties or services on behalf of an outside
organization, company or individual for the City of San Rafael. Such outside overtime shall be
requested and scheduled directly through the employee's department so that the City may be
reimbursed for the cost of wages and benefits (see section on Procedure, item H for more details).
C. Employee: For the purposes of interpretation of this policy, "employee" shall mean any person
holding full time or part time employment in a position in the classified service except when referred
to by job title.
Page 1 of 3
Firefighters Outside Employment Policy Exhibit D
POLICY:
Employees shall not engage in any employment, activity, or enterprise for compensation which is
inconsistent, incompatible, in conflict with, or inimical to his/her duties as a City officer or employee, or
would tend to impair their independence of judgment or action in the performance of their official
duties, functions or responsibilities.
PROCEDURE:
A. City employees who find it necessary or desirable to engage in employment, including self-
employment, in addition to their City duties shall present, in writing, to the Fire Chief,
notification of outside employment (see Attachment A). The form shall provide the
following information about the employees job:
1. Name and telephone number of prospective/present employer (if prior to the
implementation of this policy)/self employment.
2. Position to be held and anticipated start date.
3. Overview of job duties.
4. Extent of commitment — approximate hours per week.
B. Those City Employees represented by the San Rafael Firefighters Association who find it
necessary or desirable to engage in outside employment, including self-employment, within
the City of San Rafael, with duties that are related to the San Rafael Fire Department, in
addition to their City duties shall present, in writing, to the Fire Chief, a request for
authorization to engage in outside employment (see Attachment B). Examples would include
Fire Extinguisher and/or Systems sales, design, installation and/or maintenance and
inspection, vegetation management, EMS provider. The form shall provide the following
information about the job the employee desires to engage in:
1. Name and telephone number of prospective/present employer (if prior to the
implementation of this policy)/self employment.
2. Address of work site.
3. Position to be held and anticipated start date.
4. Anticipated end date (if applicable).
5. Detailed description of duties to be performed.
6. Days/hours of work to be performed.
7. Average number of hours of work per month.
C. Employees shall not engage in activities that (Government Code Section 1126):
1. Involves the use for private gain or advantage of City time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or influence of one's City office or
employment.
2. Involves receipt or acceptance by an employee of any money or other consideration
from anyone other than the City for the performance of an act which the employee
would be required or expected to render in the regular course of their City employment
or as a part of their duties as a City employee.
Page 2 of 3
Firefighters Outside Employment Policy Exhibit D
3. Involves the performance of an act in other than their capacity as a City employee,
which act may later be subject directly or indirectly to the control, inspection, review,
audit, or enforcement by such employee or the department by which they are employed.
4. Involves time demands that would render performance of the employee's duties for the
City less efficient.
5. Involves employment which reasonably may be considered a potential conflict under
the joint employment provisions of the Fair Labor Standards Act, Section 522.
D. The employee engaged in outside employment shall advise the Fire Chief if the nature,
character, and/or the extent of the outside employment has changed or if the outside
employment is terminated. Outside employment will be reviewed at the time of the
employee's annual evaluation. Any promotion or reassignment will automatically require a
review. The employee shall not use outside employment to justify any failure of his/her
employment performance or failure to respond promptly to the needs of the department when
summoned.
E. Employees are prohibited from using any City equipment or resources in the course of or for
the benefit of any outside employment. This shall include the prohibition of access to official
records or data bases of the City or other agencies through the use of the employee's position
with the City.
F. No employee shall allow any unauthorized person to rent, borrow or use any City equipment
or resources in the course of or for the benefit of any outside employment.
G. Outside Employment While on Disability:
Employees who are placed on disability leave or modified/light duty by the City of San
Rafael shall adhere to the City's light duty policy and to State and federal laws.
ATTACHMENTS:
• Notification of Outside Employment
• Request for Authorization to Engage in Outside Employment
APPROVED BY:
"t 9-23-2008
Ken Nordhoff, City Manager Date
Page 3 of 3
APR 0 12008
LIEBERT CASSIDY WHITMORE
A FROIRSSIONAL LAW CORPORATION Exhibit E
LOS ANGSLSS I FRRSNO I SAN FRANCIRCO
153 Towmm) STRRRT, Surrs 520
SAN FRANasco, CALIPowA 94107
Ti (415) 512-3000 Fs (415) 85643306
GCHAN@LCWL6GAL.COM
March 26, 2008 (415) 512-3014
ATTORNEY-CLIENT PRIVILEGED
VIA FIRST CLASS U.S. MAIL
Leslie Loomis
Human Resources Manager
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915
Re: Firefighters' Memorandum of Understanding & Firefighters Bill of Rights
Client -Matter: SA026-001
Dear Ms. Loomis:
This is in follow-up to your e-mail exchange of March 12, 2008 with Cynthia O'Neill.
You requested that we review the Memorandum of Understanding between the City of San
Rafael and San Rafael Firefighters' Association, I.A.F.F., Local 1775 (hereinafter "MOU) and
to provide proposed changes to the language contained in the MOU in order to comply with the
Firefighters Procedural Bill of Rights (hereinafter "FBOR'�. Pursuant to your request, we have
reviewed the MOU to determine what language should be revised in light of the FBOR and we
are available to discuss the proposed changes with you at your convenience.
The FBOR mainly governs two areas: 1) permissible interrogation and investigation
processes; and 2) administrative appeals of "denials of promotion on grounds other than merit"
or "punitive action", which is defined in the FBOR as "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of
punishment."' This has been interpreted to mean that an employee is entitled to an
administrative appeal of any action that results in loss of pay,2 except in the case of a transfer.
An employee is not entitled to an administrative appeal of a transfer unless it is considered
punitive, meaning it is imposed for disciplinary purposes.3 As such, all provisions of the MOU
that touch upon disciplinary action, investigation of allegations of misconduct, interrogation
procedures, grievance procedures, transfers for purposes of punishment, and appeals of
disciplinary actions may be affected by the FBOR. We have reproduced those affected
provisions below and have underlined our suggested revisions.
1 Cal. Gov. Code § 3251(c)
2 White V. County of Sacramento (1982) 31 CAM 676, 682-684
3 Benach v. County of Los Angeles (2007) 149 Ca1.App.4" 836, 844-846
56738.2 SA02"01 www.lcwlegal.com
Leslie Loomis
March 26, 2008
Page 2
Please note that since it is generally in the City's best interest to keep the MOU as short
as possible, there are portions of the MOU which are affected by the FBOR, but have been left
unchanged. We have also reproduced those MOU provisions in this letter for your reference.
You will note that we have included comments and recommendations with regard to these
unchanged portions to ensure the City is aware of how to comply with the FBOR's provisions.
CHAPTER 1.0 GENERAL PROVISIONS
1.4. Management Rights
12. To discharge, suspend, demote or otherwise discipline employees for
proper cause in accordance with the provisions and procedures set forth in
City Personnel Rules and Regulations, the Firefighters Procedural Bill of
Rijzhts and this Memorandum of Understanding.
Comments: This acknowledges the requirement that all firefighters be afforded the
rights and protections delineated in the FBOR4.
14. To hire, transfer, promote and demote employees for non -disciplinary
reasons in accordance with this Memorandum of Understanding and the
City's Rules and Regulations.
Comments: We do not recommend any changes to this provision. However, please be
advised that a demotion or a transfer that results in loss of pay may entitle the firefighter to the
opportunity for an administrative appeal under the FBOR.
CHAPTER 2.0 COMPENSATION
2.2.3. EMT I
Employees who have completed their first year of full-time service with the San Rafael
Fire Department and who have successfully completed and who maintain an EMT I
certification, accredited by .the State of .California or State Fire Marshal's Office, shall
receive an additional compensation amounting to 2.5% of their basic monthly salary.
EMT I re -certification training shall be conducted on duty at times determined by the Fire
Chief.
If an employee fails to maintain a valid EMT I, said employee shall lose their 2.5%
incentive pay. All non -paramedic line employees hired on or after March 7, 1994 shall
be required to possess and maintain a valid EMT I certification as a condition of
employment.
Comments: We do not recommend any changes to this provision. However, please be
advised that the loss of an employee's 2.5% incentive pay may entitle the firefighter to the
'Id. § 3260
56738.2 SA026-001
Leslie Loomis
March 26, 2008
Page 3
opportunity for an administrative appeal under the FBOR.
CHAPTER 3.0 PROBATIONARY PERIOD
3.9 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary
period shall be reinstated to the position in which the employee held regular status
prior to his/her promotion. If the employee was serving a probationary period at
the time of promotion, the suspension of the prior probationary period shall be
lifted, the employee shall be reinstated to probationary status in the prior
classification and the remainder of that period. 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. If the employee has completed the
probationary period in the prior classification and the employee is subject to
dismissal without reinstatement the employee has the opportunity to appeal
pursuant to the provisions of the Firefighters Procedural Bill of Rights Act and
this Memorandum of Understanding.
Comments: The administrative appeal provisions of the FBOR only apply to
firefighters who have successfully completed the probationary period. It states that "punitive
action or denial of promotion on grounds other than merit shall not be undertaken by any
employing department or licensing or certifying agency against any firefighter who has
successfully completed the probationary period without providing the firefighter with an
opportunity for administrative appeals." Although there is no case law to help interpret this
provision of the FBOR, it does seem clear that there is no right to an administrative appeal after
rejection from the initial probation that one serves with an employer, or even a promotional
probation if merit -based reasons are the reason for rejection from probation. Until there is case
law that interprets this provision, a cautious approach would be to provide an opportunity for an
administrative appeal to any employee who has been dismissed from promotional probation "for
reasons other than merit" and not returned to his or her original position.
CHAPTER 5.0 HEALTH AND WELFARE
5.7 Sick Leave
5.7.2 Sick Leave Usage
An employee eligible for sick leave with pay will be granted such leave
with approval of the department head for the following purposes...
Except that in a. and b. above an employee may not use sick leave for a
work related injury and/or illness once said employee has been determined
s Id. § 3254(b)
56736.2 SA02"O1
Leslie Loomis
March 26, 2008
Page 4
permanent and stationary. The Association acknowledges the Fire Chief s
right to investigate sick leave abuse.
Comments: Although we do not recommend any changes in the language of this
provision, we would like to bring to your attention that any and all investigation and/or
interrogation of an employee is subject to the rights and provisions contained in the FBOR. As a
result, those who investigate sick leave usage must be briefed on proper interrogation and
investigation procedures to ensure compliance with the FBOR.
CHAPTER 7.0 TERMS & CONDITIONS OF EMPLOYMENT
Tho Fire Chief may.demote ,an.employee when the following occurs:
A. The employee fails to perform his/her required duties.
Comments: We do not recommend any changes in the language of this provision. We
would, however, like to bring to your attention that any demotion, including the one described
above, would likely be subject to the FBOR, and most significantly, its appeals processes which
are discussed at length below.
7.8.3. Termination — Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Chapter Eight
(8) Disciplinary Action of the Memorandum of Understanding.
Comments: We do not recommend any changes in the language of this provision.
However, please note that termination, as it results in a loss of pay, would be considered
"punitive action." This stands even if the termination was not carried out for disciplinary
reasons. As such, the FBOR would likely be applicable and the terminated employee must be
afforded the opportunity for an administrative appeal.
CHAPTER 8.0 DISCIPLINARY ACTION
8.1 Authority
The City shall have the right to discharge or discipline any employee for
dishonesty, insubordination, drunkenness, incompetence, negligence, failure to
perform work as required or to observe the Department's safety rules and
regulations or for engaging in strikes, individual or group slowdowns or work
stoppages, or for violating or ordering the violation of the Memorandum of
Understanding.
Comments: We do not recommend any changes in the language of this provision.
However, please note that the FBOR provides that, subject to several exceptions6, punitive action
6Id. § 3254(d)
56738.2 sA026-001
Leslie Loomis
March 26, 2008
Page 5
or denial of promotion on grounds other than merit may be imposed for misconduct only if the
investigation of the alleged misconduct is completed within one year of discovery by the "Fire
Department." It is critically important to act on misconduct as soon as any member of the fire
department becomes aware of it; the one year time clock is arguably triggered when any member
of the Department learns of the misconduct. In addition, if it is determined that disciplinary
action will be taken, the offending firefighter must also be served with Notice of the proposed
discipline within that same one year as well. Please note that this one year statute of limitations
applies only to alleged misconduct that occurred after January 1, 2008. We recommend that all
management be aware of this one year statute of limitations and its exceptions, so that the City
does not lose the opportunity to discipline because of the time taken to investigate.
Another notice requirement contained in the.FBOR-is that the offending 'employee must
be notified of the imposition of discipline within the following time constraints. The Notice of
Discipline must occur no later than 30 days after the decision to discipline, but not less than 48
hours prior to the effective date of the discipline. Since the earliest that the decision to discipline
occurs is at the Skelly conference, it is a good idea to issue the Notice of Discipline no later than
30 days after the Skelly conference. The 48-hour notice provision serves to delay the effective
date of a discipline by at least two days.
8.4 Appeals
Whenever punitive action is undertaken, the offending employee shall have the
opportunity for an administrative anneal which will be conducted in conformance with
the Administrative Procedure Act and this Memorandum of Understanding. Such appeal
must be filed with the City Manager or his/her designee by the employee in writing
within fourteen (14) calendar days from the date of the discipline/discharge and unless so
filed the right of appeal is lost.
Comments: One of the key protections of the FBOR is that all firefighters must be
afforded the right to an administrative appeal of any punitive action.$ This language clearly
states that the MOU is in conformance with the APA and does afford the right to an
administrative appeal.9
8.5 City Manager and Arbitration
The appellant may have the appeal heard by the City Manager or may request arbitration.
7Id.
e Id. § 3254(b)
9Id. § 3254.5
56738.2 5A026.001
Leslie Loomis
March 26, 2008
Page 6
8.5.1 Proceeding Heard by City Manager
If an employee elects to have an appeal heard by the City Manager, the employee
must state in writing that he or she waives his/her right to an appeal that conforms
to the Procedures of the Administrative Procedure Act.
8.5.2 Arbitration
If arbitration is requested, the arbitration will be held in conformance with the
Administrative Procedure Act, California Code of Regulations, and other
applicable statutes. Representatives of the City and the appellant shall meet
within fourteen (14) 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
pennit, in which case the hearing shall be held not more than 120 days after the
selection of the arbitrator.10 The arbitrator shall not have the power to amend or
modify either party's position;'1 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.
Comments: Please note that the Administrative Procedure Act (hereinafter "APA")
allows for alternative dispute resolution, namely binding• arbitration, as well -as non-binding
arbitration and mediation. By affording the covered employees with the option to enter into
binding arbitration, and following the APA procedures regarding binding arbitration, the
requirement that an employee may make an administrative appeal under the APA is satisfied.
However, should binding arbitration be negotiated out of the MOU, an alternative hearing
method as prescribed by the APA must be included. Please do not hesitate to contact us should
this be the case so we can discuss alternative administrative appeal procedures.
In addition, all arbitration procedures must be in conformance with the APA 12 and the
10 1 Cal. Code Regs. § 1240
11 We do not understand how an arbitrator could ever modify a party's "position."
12 Cal. Gov. Code §§ 11420.10-11420.30
56738.2 SA026-001
Leslie Loomis
March 26, 2008
Page 7
Califomia Code of Regulations. 13 Please note that the current arbitration procedures, as
amended in this letter, are consistent with both the APA and the California Code of Regulations.
CHAPTER 9.0 GRIEVANCE PROCEDURE
9.1 Definition
A grievance is any dispute, which involves the interpretation or application of any
provision of this Memorandum of Understanding, or any Fire Department policy
specifically referenced herein, except issues concerning appeals of punitive action which
is governed by Chapter 8.0. Policy 1 -VI -3 is specifically incorporated by reference -14
Comments: So as to avoid any confusion in determining when the appeals processes
contained in the APA and FBOR must be followed, this clarifies that all appeals of punitive
action must be undertaken in accordance with Chapter 8.0 of this MOU, and that all other
grievances will be resolved in accordance with Chapter 9.0.
This concludes our comments and suggested revisions of the MOU as it pertains to the
FBOR. Thank you for your attention to the above. Should you have any questions or would like
to discuss this further, please do not hesitate to contact us.
Sincerely,
LIEBERT CASSIDY WHITMORE
Grace Y. Chan
CJO/GYC/ab
13 1 Cal. Code Regs. §§ 1200-1258
to We have not reviewed Policy 1 -VI -3 so we do not know its relevance to FBOR issues.
56738.2 SA026.001
This Page
Intentionally Left
Blank
Los*
�
Sept".Vr25h 1995
W, Jamas-jLW n: President
Sao Rslaei lrkakhW Asscdaft
PA. Door 25110
Son 'CA -84912
Subject: Personnel Rules Letter ofAgreement
Dear Jim,
Exhibit F
AMM -9 -A ame
zPow . mow• M.�„�,,.,
4A ca,,
ro" sa...
The 0y Cmt nd* met withis War negotiators in lased sesdan on Monday. 0-tS-95 to dtscusa the
unresolvediaaus assxtdatedttnlhthe:a�aristtc� 4gali4katt<rnstivEthe&ire;Ct�iefot9cer a3aaelRcalians.whk.h
theUv and the Assocut;on haus been dkaussfna as apartoffinitaft Itut tueeR and wader pmcm on the
'.6*ed Pow" Rtdea mid Re�st<a mr,. 7 to final proposal "Mthe Cly. an Nils. bsue, as well as a .
wwr ary of Ihe sownd, agnmd `rules' issue. Is as follows:
1. Experience qualili ationa of Fire Cute[ Officer dassXcations, excluding Fire Chlet
A- 3 yrs- tine caeft expeA enee forpmmotl0dappoiatment toany curmt oR future chief
oMcee class thathax emergency Incident commander responsrUlittes. 2 yrs of tine
czplaiss aMwdence for acting assignment to such a positimt.
B. No impact an the status of incumbent ,chief ofter employees in their current
Positions- .
C. Chief oflicet classt$Gatlons, minus Fire Met Include: Fire Dtvlcton Chief, Fire
Marshal, and Fire Ttalning Officer. (Note:. Fire Marshal and Fire Training Qtitcer
prmenay bold the rank of Battalion Chief.)
D. The incumbent. Fire Marshal remalns eligible lo, serve as an acting incident
commander, in accordance with the 11-93 adtiitrated special urgreemenl The training
program. once complatedb detailed in this spedal agreement serves to quaiifp the
Irimtmbant as to the expdance n6cessary, to compete for prornotlon to other chief
officer opportunities.
2- Se
cltpn 1.5oiPtrr9artnel Rulee: Coitecdive Bargaialitg Agreements.
As per our tenta0m agreement dated 3-21-95, section 1.5 of the revised Personnel Rules
( wilt be changed to read-. .
_WO
Mr,. James Lydoe, p'VIdent
San Rafael Firefighters' Asan,
September 25, 1995
Pape 2
Then rules arrant intended tiosupemede any provisions ofan exlsling collective bang*lning
agr+eemenL What this means Is that if any section of these Rules and Regulations Is covered
by a provislan are collective bargaining agreement, the collective bargaining agreement shall
prevail and the parallel provisions In the Ruies and Regulations shalt not apply to the affected
Unit.
in additbh to The above two Item% we agreed that the experience section of each of the current chief officer
job descriptions hided In the Fire Dqm trnen['s Career Development Guide wN be updated b reflect the '
quai5catbns condltiona noted in 91 of this letter.
Thlabiterconstrkutesthe agreement ofdwpadles,an*WdencedbytheirsVnaturesbelow. nisIntended that
tits fatter shall be appended to the current Memorandum of Understanding (MPU) and shag be appended
to Mire MWz, unless modified by the meed and canter proms tet forth in Resolution No. 4027.
c
.carnes Lydon
-
Assistant Cly Manages President. San Rafael Firefghters'
Asradation
C19P Mayor and Oty CoomA
Pa wda 1. NiooW
Robert Mamwd
Daryl OM ad
Dick VWwpaoe�e
Jo6o,0-�y
Exhibit G
SIDE LETTER AGREEMENT
BETWEEN CITY OF SAN RAFAEL AND
SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 1775
REGARDING ACTING CAPTAIN REQUIREMENTS
Representatives of the City of San Rafael (City) and IAFF Local 1775 (Union) have met and
conferred and reached agreement on this Side Letter of Agreement. The following provisions
represent the mutual understanding and consent of both parties:
Section 3.4.2 — Engineer Out of Class Compensation
The incumbent Fire Engineers listed below are not required to meet the minimum qualifications
of the Captain classification in order to perform in Acting Captain status:
Rick Brown
Matt Locatelli
Cameron Mrsny
Rich Nettleman
Arthur Phillips
Jason Schmitt
Dan Sutherlin
SAN RAFAEL FIREFIGHTERS' ASSOCIATION, CITY OF SAN RAFAEL
I.A.F.F., LOCAL 1775
Andrew Rogerson, Firptain— f ack Hughes, Lead Negotiator
(Attorney, Liebert Cassidy Whitmore
Kyl Hamilton, Fire Captain Deirdre Dolan, Human Resources Director
Evan Minard, Fire Engineer
Winkelman, Firefighter -Paramedic
torney
Sylvia Gonzalez, HR Coordinator