HomeMy WebLinkAboutHR San Rafael Fire Chief Officers' AssociationMEMORANDUM OF UNDERSTANDING
between
CITY OF SAN RAFAEL
and
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
JULY 1, 2021 - JUNE 30, 2024
TABLE OF CONTENTS
1 GENERAL PROVISIONS.............................................................................................................4
1.1
INTRODUCTION.................................................................................................................................... 4
1.1.1
SCOPE OF AGREEMENT.................................................................................................................. 4
1.1.2
TERM OF MEMORANDUM OF UNDERSTANDING (MOU)................................................................ 4
1.2
RECOGNITION.....................................................................................................................................4
1.2.1
BARGAINING UNIT............................................................................................................................4
1.2.2
AVAILABLE COPIES.......................................................................................................................... 5
1.2.3
CITY RECOGNITION......................................................................................................................... 5
1.2.4
EMPLOYEE REPRESENTATIVES...................................................................................................... 5
1.3
DISCRIMINATION................................................................................................................................. 5
1.3.1
IN GENERAL..................................................................................................................................... 5
1.3.2
ASSOCIATION DISCRIMINATION...................................................................................................... 5
1.4
INSPECTION OF MEMORANDUM OF UNDERSTANDING...................................................................... 5
1.5
EXISTING LAWS, REGULATIONS & POLICIES....................................................................................5
1.6
STRIKES & LOCKOUTS....................................................................................................................... 5
1.7
SEVERABILITY.....................................................................................................................................6
1.8
PREVAILING RIGHTS...........................................................................................................................6
1.9
MANAGEMENT RIGHTS.......................................................................................................................6
1.10
FULL UNDERSTANDING, MODIFICATION, WAIVER..........................................................................7
1.10.1
MODIFICATION/WAIVER................................................................................................................ 7
1.10.2
EFFECTIVE DATES.........................................................................................................................7
1.10.3
JOINT REPRESENTATION.............................................................................................................. 7
2 MMBA..................................................................................................................................................7
2.1 DUES DEDUCTION...............................................................................................................................7
2.2 RELEASE TIME.................................................................................................................................... 8
2.3 ASSOCIATION ORIENTATION OF NEW EMPLOYEES..........................................................................8
2.4 EMPLOYEE INFORMATION.................................................................................................................. 8
3 COMPENSATION...........................................................................................................................9
3.1
GENERAL WAGES & COMPENSATION...............................................................................................9
3.1.1
GENERAL WAGE INCREASE............................................................................................................9
3.1.2
COMPENSATION GOAL & DEFINITIONS.......................................................................................... 9
3.1.3
COMPENSATION SURVEYS.............................................................................................................. 9
3.2
SALARY STEP INCREASE.................................................................................................................
10
3.3
PAY CHECK DATES..........................................................................................................................
10
3.4
ADDITIONAL PAY..............................................................................................................................
10
3.4.1
EDUCATION INCENTIVE PROGRAM...............................................................................................
10
3.4.2
UNIFORM ALLOWANCE..................................................................................................................10
3.4.3
BOOT ALLOWANCE........................................................................................................................
10
4 BENEFITS........................................................................................................................................10
4.1 JOINT BENEFITS COMMITTEE.........................................................................................................
4.2 HEALTH & WELFARE.......................................................................................................................
4.2.1 FULL FLEX CAFETERIA PLAN.......................................................................................................
4.2.2 RETIREE'S HEALTH INSURANCE..................................................................................................
4.2.3 CONTRIBUTIONS INTO A RETIREE HEALTH SAVINGS ACCOUNT (RHS) ....................................
4.2.4 DEFERRED COMPENSATION PLAN..............................................................................................
4.2.5 FLEXIBLE SPENDING ACCOUNT FOR HEALTH AND DEPENDENT CARE REIMBURSEMENT (125) .............
4.3 LIFE INSURANCE..............................................................................................................................
4.4 LONG TERM DISABILITY POLICY....................................................................................................
4.5 DENTAL PLAN..................................................................................................................................
4.6 RETIREMENT....................................................................................................................................
SRFCO MOU 2021-2024
10
12
12
12
13
13
13
13
13
4.6.1
CITY PAID EMPLOYEE RETIREMENT.............................................................................................
13
4.6.2
RETIREMENT PLANS......................................................................................................................
14
4.6.3
MEMBER COST OF LIVING RATES................................................................................................
14
4.6.4
ADDITIONAL PENSION FUNDING...................................................................................................
14
5 LEAVES..............................................................................................................................................14
5.1
SICK LEAVE......................................................................................................................................
14
5.1.1
POLICY STATEMENT......................................................................................................................
14
5.1.2
ADMINISTRATION OF SICK LEAVE.................................................................................................
14
5.1.3
SICK LEAVE ACCRUAL...................................................................................................................
15
5.1.4
SICK LEAVE SERVICE CREDIT OPTION........................................................................................
15
5.1.5
SICK LEAVE PAYOFF.....................................................................................................................
15
5.2
VACATION LEAVE.............................................................................................................................
15
5.2.1
POLICY STATEMENT......................................................................................................................
15
5.2.2
RATE OF ACCRUAL........................................................................................................................
16
5.2.3
ADMINISTRATION OF VACATION LEAVE........................................................................................
16
5.2.4
VACATION ACCRUAL CAP.............................................................................................................
17
5.2.5
VACATION PAYOFF........................................................................................................................
17
5.3
HOLIDAYS..........................................................................................................................................17
5.3.1
DAYS OBSERVED...........................................................................................................................
17
5.3.2
HOLIDAY PAY.................................................................................................................................
18
5.4
OTHER LEAVE...................................................................................................................................
18
5.4.1
ADMINISTRATIVE LEAVE................................................................................................................
18
5.4.2
BEREAVEMENT LEAVE...................................................................................................................
18
5.4.3
.JURY DUTY....................................................................................................................................
18
5.4.4
WORKERS COMPENSATION LEAVE..............................................................................................
18
5.4.5
MILITARYLEAVE............................................................................................................................19
5.4.6
LEAVE OF ABSENCES WITHOUT PAY...........................................................................................
19
5.4.7
FAMILY MEDICAL LEAVE................................................................................................................
19
5.4.8
CATASTROPHIC LEAVE..................................................................................................................
19
5.4.9
ABSENCE WITHOUT AUTHORIZED LEAVE....................................................................................
19
5.5
ACCRUAL BALANCE ADJUSTMENT.................................................................................................
19
6 TERMS
& CONDITIONS OF EMPLOYMENT....................................................................19
6.1
WORK WEEK.....................................................................................................................................
19
6.2
HOURLY RATE...................................................................................................................................20
6.3
OVERTIME.........................................................................................................................................
20
6.4
CONTRACTUAL OVERTIME LEAVE...................................................................................................20
6.4.1
ACCRUAL LIMIT.............................................................................................................................
20
6.4.2
OVERTIMERATE...........................................................................................................................20
6.5
SPECIALTY ASSIGNMENT.................................................................................................................21
6.6
SELECTION........................................................................................................................................21
6.6.1
SELECTION PROCESS...................................................................................................................
21
6.6.2
REFERRAL PROCESS....................................................................................................................
21
6.6.3
BATTALION CHIEF QUALIFICATIONS.............................................................................................
21
6.7
PROBATIONARY PERIOD..................................................................................................................
21
6.7.1
PURPOSE OF PROBATION.............................................................................................................
21
6.7.2
LENGTH OF PROBATIONARY PERIOD...........................................................................................
21
6.7.3
REJECTION DURING PROBATION..................................................................................................
21
6.7.4
EXTENSION OF PROBATIONARY PERIOD......................................................................................
21
6.7.5
NOTIFICATION OF EXTENSION OR REJECTION.............................................................................
22
6.7.6
REGULAR STATUS.........................................................................................................................
22
6.7.7
PROMOTION OF PROBATIONARY EMPLOYEE...............................................................................
22
6.7.8
UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION........................................................
22
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6.8
PERSONNEL RULES & REGULATIONS.............................................................................................22
7.1
6.8.1
DRUG & ALCOHOL POLICY............................................................................................................
22
6.8.2
OUTSIDE EMPLOYMENT POLICY...................................................................................................
22
6.8.3
TEMPORARY LIGHT (MODIFIED) DUTY POLICY STATEMENT.......................................................
22
6.8.4
NO SMOKING/TOBACCO USE POLICY..........................................................................................
22
6.8.5
MEDICAL STANDARDS...................................................................................................................23
7.2.2
6.9
MISCELLANEOUS..............................................................................................................................
23
6.9.1
RETURN OF CITY EQUIPMENT......................................................................................................
23
6.9.2
POLITICAL ACTIVITY......................................................................................................................23
725
6.9.3
STAFFING LEVELS.........................................................................................................................
23
6.9.4
CAREER DEVELOPMENT PROGRAM.............................................................................................
23
6.9.5
GYM REIMBURSEMENT..................................................................................................................
23
7 PROCEDURES...............................................................................................................................
23
7.1
DEMOTION & SUSPENSION..............................................................................................................
23
7. 1.1
DEMOTION......................................................................................................................................23
DEFINITION.....................................................................................................................................25
7.1.2
SUSPENSION..................................................................................................................................24
CAUSES FOR DISCIPLINARY ACTION............................................................................................25
7.2
TERMINATION OF EMPLOYMENT......................................................................................................24
APPEALS........................................................................................................................................
7.2.1
RESIGNATION.................................................................................................................................24
PROCEEDING HEARD BY CITY MANAGER....................................................................................
7.2.2
TERMINATION/ DEMOTION - LACK OF WORK OR FUNDS..............................................................
24
7.2.3
TERMINATION - DISCIPLINARY REASONS.....................................................................................
24
7.2.4
TERMINATION - PROBATION..........................................................................................................
24
725
RETIREMENT
24
. .
7.3
..................................................................................................................................
DISCIPLINARY ACTION.....................................................................................................................
24
7.3.1
AUTHORITY....................................................................................................................................24
7.3.2
DEFINITION.....................................................................................................................................25
7.3.3
CAUSES FOR DISCIPLINARY ACTION............................................................................................25
7.3.4
APPEALS........................................................................................................................................
25
7.3.5
PROCEEDING HEARD BY CITY MANAGER....................................................................................
26
7.3.6
CITY MANAGER AND ARBITRATION...............................................................................................
26
7.4
GRIEVANCE PROCEDURE.................................................................................................................26
7.4.1
DEFINITION.....................................................................................................................................26
7.4.2
INITIAL DISCUSSION.......................................................................................................................26
7.4.3
REFERRAL TO CITY MANAGER.....................................................................................................
26
7.4.4
CITY MANAGER AND ARBITRATION...............................................................................................
27
7.5
FURLOUGH PROGRAM......................................................................................................................27
7.6
REDUCTION IN FORCE......................................................................................................................
27
7.6.1
AUTHORITY....................................................................................................................................27
7.6.2
NOTICE...........................................................................................................................................27
7.6.3
ORDER OF LAYOFF........................................................................................................................
27
7.6.4
SENIORITY......................................................................................................................................27
7.6.5
BUMPING RIGHTS..........................................................................................................................
28
7.6.6
TRANSFER RIGHTS........................................................................................................................
28
7.7
RE-EMPLOYMENT.............................................................................................................................28
7.7.1
GENERAL GUIDELINES..................................................................................................................
28
7.7.2
RIGHT TO RE-EMPLOYMENT.........................................................................................................
28
7.7.3
TIME LIMITS....................................................................................................................................
28
7.7.4
AVAILABILITY..................................................................................................................................28
7.7.5
PROBATIONARY STATUS...............................................................................................................
28
7.7.6
RESTORATION OF BENEFITS.........................................................................................................
29
LIST OF EXHIBITS
Exhibit A Salary Schedules for July 1, 2021 — June 30, 2024
Exhibit B Furlough Plan
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SRFCO MOU 2021-2024
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SAN RAFAEL
AND
SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act
(Section 3500, et seq. the Government Code of the State of California).
The San Rafael Fire Chief Officers' Association and representatives of the City of San Rafael
have met and conferred in good faith regarding wages, hours and other terms and conditions of
employment of employees in said representative unit, and have freely exchanged information,
opinions and proposals, and have reached an agreement on all matters relating to the
employment conditions and the employer-employee relations of such employees.
This Memorandum of Understanding shall be presented to the City Council of the City of San
Rafael as the joint recommendation of the undersigned for salary and employee benefit
adjustments for the period commencing July 1, 2021 and ending June 30, 2024. When ratified
by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael
Fire Chief Officers' Association, the employees it represents, and the City of San Rafael.
1 GENERAL PROVISIONS
1.1 INTRODUCTION
1.1.1 Scope of Agreement
The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed
upon by the designated bargaining representatives of the City of San Rafael (herein -after called
"CITY") and the San Rafael Fire Chief Officers' Association (herein -after called
"ASSOCIATION") and shall apply to all employees of the City working in the classifications and
bargaining unit set forth as follows:
a. Battalion Chief
In accepting employment with the City of San Rafael, each employee agrees to be governed by
and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations,
City's Employer -Employee Resolution, City's Administrative Procedures, and Fire Department
Rules and Regulations, General Orders and Procedures.
1.1.2 Term of Memorandum of Understanding (MOU)
This agreement shall be in effect from July 1, 2021 through June 30, 2024.
1.2 RECOGNITION
1.2.1 Bargaining Unit
City hereby recognizes Association as the bargaining representative for purpose of establishing
salaries, hours, fringe benefits and working conditions for all employees within the San Rafael
Fire Chief Officers' Association Bargaining Unit which includes the following:
a. Battalion Chief
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SRFCO MOU 2021-2024
1.2.2 Available Copies
Both the City and the Association agree to keep duplicate originals of this agreement on file in a
readily accessible location available for inspection by any City employee, or member of the
public, upon request.
1.2.3 City Recognition
The Municipal Employee Relations Officer of the City of San Rafael, or any person or
organization duly authorized by the Municipal Relations Officer, is the representative of the City
of San Rafael, hereinafter referred to as the "City" in employer-employee relations, as provided
in Resolution No. 12189 adopted by the City Council on February 5, 2007.
1.2.4 Employee Representatives
The Association shall, by written notice to the City Manager, designate certain of its members
as Employee Representatives.
1.3 DISCRIMINATION
1.3.1 In General
The parties to this contract agree that they shall not, in any manner, discriminate against any
person whatsoever because of race, color, age, religion, ancestry, national origin, sex, sexual
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.
Any employee who believes they are being discriminated against should refer to the City of San
Rafael's Harassment Policy for the process of receiving an internal administrative review of their
complaint. This administrative procedure shall be used as the internal complaint procedure in
lieu of the grievance procedure outlined in this MOU.
1.3.2 Association Discrimination
No member, official, or representative of the Association shall, in any way suffer any type of
discrimination in connection with continued employment, promotion, or otherwise by virtue of
membership in or representation of Association.
1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING
Both the City and the Association agree to keep duplicate originals of this Memorandum on file
in a readily accessible location available for inspection by any employee or member of the
public upon request.
1.5 EXISTING LAWS, REGULATIONS & POLICIES
This Memorandum is subject to all applicable laws.
1.6 STRIKES & LOCKOUTS
During the term of this Memorandum of Understanding, the City agrees that it will not lock out
employees and the Association agrees that it will not agree to encourage or approve any strike
or slow down growing out of any dispute relating to the terms of this Agreement. The
Association will take whatever lawful steps are necessary to prevent any interruption of work in
violation of this Agreement.
SRFCO MOU 2021-2024
1.7 SEVERABILITY
If any article, paragraph or section of this Memorandum shall be held to be invalid by operation
of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of
any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not
be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for
the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or
section.
1.8 PREVAILING RIGHTS
All matters within the scope of meeting and conferring which have previously been adopted
through rules, regulations, ordinances or resolutions, which are not specifically superseded by
the M.O.U., shall remain in full force and effect throughout the term of this Agreement.
1.9 MANAGEMENT RIGHTS
The City reserves, retains, and is vested with, solely and exclusively, all rights of management
which have not been expressly abridged by specific provision of this Memorandum of
Understanding or by law to manage the City, as such rights existed prior to the execution of this
Memorandum of Understanding. The sole and exclusive rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to, the following rights:
1. To manage the City generally and to determine the issues of policy.
2. To determine the existence of facts which are the basis of the management decision.
3. To determine the necessity of any organization or any service or activity conducted by
the City and expand or diminish services.
4. To determine the nature, manner, means, technology and extent of services to be
provided to the public.
5. Methods of financing.
6. Types of equipment or technology to be used.
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.
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SRFCO MOU 2021-2024
15. To determine policies, procedure and standards for selection, training and promotion of
employees.
16. To establish employee performance standards including but not limited to, quality and
quantity standards; and to require compliance therewith.
17. To maintain order and efficiency in its facilities and operations.
18. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
19. To take any and all necessary action to carry out the mission of the City in
emergencies.
The City and Association agree and understand that if, in the exercise of any of the rights set
forth above, the effect of said exercise of rights by the City impacts an area within the scope of
representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts,
and/or Federal law, the City shall have the duty to meet and confer with the Association
regarding the impact of its decision/exercise of rights.
1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER
1.10.1 Modification/Waiver
Except as specifically otherwise provided herein, it is agreed and understood that each party
hereto voluntarily and unqualifiedly waives its right and agrees that the other shall not be
required to meet and confer with respect to any subject or matter covered herein, nor as to
wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall
not preclude the parties hereto from meeting and conferring at any time during the term of this
Agreement with respect to any subject matter within the scope of meeting and conferring for a
proposed Memorandum of Understanding between the parties to be effective on or after July 1,
2020.
1.10.2 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.
1.10.3 Joint Representation
The parties jointly represent to the City Council that this Memorandum of Understanding sets
forth the full and entire understanding of the parties regarding the matters set forth herein.
2 MMBA
2.1 DUES DEDUCTION
Payroll deduction for membership dues shall be granted by the City to the Association.
The following procedures shall be observed in the withholding of employee earnings:
A. Payroll deductions shall be for a specified amount in uniform as between employee
members of the Association and shall not include fines, fees and/or assessments. Dues
deductions shall be made only upon the employees' written authorization.
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SRFCO MOU 2021-2024
B. Authorization, cancellation or modifications of payroll deduction shall be made upon
forms provided or approved by the City Manager or his/her designee. The voluntary
payroll deduction authorization shall remain in effect until employment with the City is
terminated or until canceled or modified by the employee by written notice to the City
Manager or his/her designee. Employees may authorize dues deductions only for the
organization certified as the recognized employee organization of the classification to
which such employees are assigned.
C. Amounts deducted and withheld by the City shall be transmitted to the officer designated
in writing by the Association as the person authorized to receive such funds, at the
address specified.
D. The employees' earnings must be sufficient, after all other required deductions are
made, to cover the amount of the deductions herein authorized. When an employee is
in a non -pay status for an entire pay period, no withholdings will be made to cover that
pay period from future earnings, nor will the employee deposit the amount with the City
which would have been withheld if the employee had been in a pay status during that
period.
In the case of an employee who is in a non -pay status during a part of the pay period
and the salary is not sufficient to cover the full withholding, no deductions shall be made.
In this connection, all other required deductions have priority over the employee
organization deduction.
E. The Association shall file with the City an indemnity statement wherein the Association
shall indemnify, defend, and hold the City harmless against any claim made and against
any suit initiated against the City on account of check -off of Association dues,
assessments and other payments to the Association. In addition, the Association shall
refund to the City any amounts paid to it in error upon presentation of supporting
evidence.
2.2 RELEASE TIME
The City shall allow a reasonable number of Association members time off without loss of
compensation or other benefits when formally meeting and conferring with representatives of
this City on matters within the scope of representation. Reasonable time off without loss of
compensation or other benefits shall also be granted to members of the Association to
participate in and prepare for grievances.
2.3 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 provide the new 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.
2.4 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
similar information of each Association new hire will be provided to the Association within 30
days of the hire date.
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SRFCO MOU 2021-2024
3 COMPENSATION
3.1 GENERAL WAGES & COMPENSATION
3.1.1 General Wage Increase
In the 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.
In Year 1, the City will provide a 1.6% general salary increase plus a 1.9% equity
adjustment (3.5% total);
In Year 2, the City will provide a 1.6% general salary increase plus a 2.4% equity
adjustment (4% total); and,
In Year 3, the City will provide a 1.6% general salary increase plus a 2.4% equity
adjustment (4% total).
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 Fire
District, and South San Francisco, Vallejo; and,
2. The highest total compensation paid to the same or similar classifications in agencies
in Marin County.
Total Compensation for survey purposes shall be defined as: Top step salary (excluding
longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid
deferred compensation, 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. Total
compensation comparisons shall be calculated both with and without the employer's retirement
contribution.
3.1.3 Compensation Surveys
To measure progress towards the above -stated goal, the City and the Association will jointly
survey the benchmark position of Battalion Chief three (3) months before the expiration 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 being on the salary schedule and having a job class description. Other city/agency positions
are established as benchmark positions in San Rafael's compensation survey based upon
similar work and similar job requirements.
Survey data will include all salary and benefit increases, as defined in 'total compensation' for
the purpose of measuring progress towards the goal. The City and the Association shall review
the benchmark and related survey data for accuracy and completeness.
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SRrCO MOU 2021-2024
3.2 SALARY STEP INCREASE
An employee shall be considered for a step increase annually until the top step has been
reached. Advancement to a higher salary within a salary step schedule may be granted for
continued satisfactory service by the employee in the performance of his/her duties. Salary step
advancement shall be made only upon the recommendation of the Fire Chief, with the approval
of the City Manager or his/her designee, and are not automatic, but based on documented,
acceptable work performance. Accelerated salary step increases may be granted an employee
based upon the recommendation of the Fire Chief and approval of the City Manager for
exceptional job performance.
3.3 PAY CHECK DATES
City employees are paid twice per month on the 15th and the last working day of the month.
When a pay day falls on a holiday, the pay day will be transferred to the following day of regular
business unless the Finance Office is able to complete the payroll by the previous work day.
The method of distributing the payroll shall be established by the Finance Director.
During the term of this Agreement, the City may institute change the payroll schedule from 24
pay cycles per year to 26 pay cycles per year.
3.4 ADDITIONAL PAY
3.4.1 Education Incentive Program
The Educational Incentive for all employees represented by this Association is included in the
base salary.
3.4.2 Uniform Allowance
Uniform members of the Fire Department, represented by this Association, shall receive a
uniform allowance in the amount of $805.00 at the completion of each six months of service
ending June 151 and December 1It. A pro -ration at the rate of $134.17 per month may be given
for a portion of the first and last six months of service upon recommendation of the Department
Head and approval of the City Manager.
3.4.3 Boot Allowance
Uniform members of the Fire Department, represented by this Association, shall be entitled to a
maximum of $160 every two fiscal years for a boot allowance. The employee is responsible for
purchasing safety boots and submitting a receipt for reimbursement. The boots must be
purchased for City use only and must adhere to safety requirements.
4 BENEFITS
4.1 JOINT BENEFITS COMMITTEE
Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of
benefit programs, cost containment, and cost savings options. The committee shall include
representatives from all bargaining groups.
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5RFCO MOU 2021-2024
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 effective the first paycheck of December 2020 shall be:
For employee only: $ 755.62
For employee and one dependent: $ 1,208.99
For employee and two or more dependents: $ 1,571.70
Flex dollar allowances shall increase on the December 15th paycheck of each subsequent year
up to a maximum of three percent (3%) on an annual basis, based on but not to exceed the
Kaiser Bay Area Region premium rate increase for the upcoming calendar year.
The City shall contribute to the cost of medical coverage for each eligible employee and his/her
dependents, an amount not to exceed the California Public Employees' Medical and Hospital
Care Act (PEMHCA) Minimum Employer contribution, as determined by CalPERS on an annual
basis. This portion of the monthly flex dollar allowance is identified as the City's contribution
towards PEMHCA. The monthly flex dollar allowance (including the PEMHCA minimum
contribution) may be used in accordance with the terms of the cafeteria plan to purchase health
benefits 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 an 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 Opt -out payment will be $760 per month for employees hired into the association on or
before January 1, 2017. New members hired into the association after January 1, 2017, shall be
eligible for a $300 Opt -out payment.
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 or other legislation or agency
guidance.
SRFCO MOU 2021-2034
4.2.2 Retiree's Health Insurance
Employees represented by the Association who retire from the Marin County Retirement
System, subject to Marin County Employee Retirement Association procedures and regulations
and applicable 1937 Act laws that govern such plans, are eligible to continue in the City's retiree
group health insurance program offered through PEMHCA. The City's contribution towards
retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an
annual basis.
A. Employees hired by the City 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.
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 shall not
exceed $557 per month. This monthly payment shall include the PEMHCA minimum
contribution. The City's retiree health insurance payment shall continue for the lifetime
of the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for
coverage.
B. Employees hired by the City on or after January 1, 2010 and who meet the eligibility
requirements for retiree health insurance are eligible to continue in the City's group
health insurance program. The City's maximum contribution towards retiree coverage
under this subsection shall be the PEMHCA minimum contribution as determined by
CalPERS on an annual basis. The City shall not be responsible for making any
contributions towards the cost of coverage of the retiree's spouse, registered domestic
partner, or dependents upon the employee's retirement from the City.
4.2.3 Contributions into a Retiree Health Savings Account (RHS)
For employees hired into City employment after January 1, 2010, the City shall contribute 2% of
top step Firefighter -Paramedic base salary into a Retiree Health Savings (RHS) Account and
the employee shall also contribute 2% of top step Firefighter -Paramedic base salary into the
same account. In the event an employee's salary is not sufficient to contribute the 2%, no City
or employee contribution will be made until such time as the salary is sufficient to make the
contribution.
This contribution will occur each pay period beginning the month after the employee has been
hired.
Employees hired into City employment on or before January 1, 2010, will contribute $5,000 to
an RHS account each July 315' in the form of a sick leave conversion of hours.
4.2.4 Deferred Compensation Plan
Over the course of this Agreement, the City will provide up to two deferred compensation plan
providers, as allowed under the Internal Revenue Code Section 457. Participation in a plan is
voluntary and the administrative fees to participate in the plan are the responsibility of
employees.
The City will make a monthly contribution of 0.83% of base salary to a deferred compensation
plan.
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In addition, the City will provide at least one Roth 457 plan option to members by October 1,
2021. The Roth 457 will be funded by employee contributions only.
4.2.5 Flexible Spending Account for Health and Dependent Care Reimbursement (125)
The City will continue to offer a Section 125 Plan pursuant to the IRS Code.
City shall establish annual enrollment period for the Section 125 Plan and each employee must
re -enroll if he/she wishes to participate in the Section 125 Plan for the following calendar year.
City shall have the authority to implement changes to the 125 Programs to comply with changes
in applicable IRS laws without having to go through the meet and confer process but agrees to
coordinate all changes through the Employee Benefits Committee.
4.3 LIFE INSURANCE
The City will pay the full premium cost for enrollment in the group term insurance plans for
employees represented by this bargaining unit. The basic plan provides $150,000 of group term
life insurance and $150,000 of AD&D benefit.
4.4 LONG TERM DISABILITY POLICY
The City shall pay premiums for a Long -Term Disability Policy for each employee. The Long -
Term Disability policy shall provide for salary replacement of 66.67% of an individual's salary up
to a maximum disability benefit of $7,500 per month through the City's CIGNA coverage.
Members of the Chief Officer's 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.
4.5 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. The City will add the full cost of the dental premium as a paid benefit by
the City to the Full Flex Cafeteria Plan enrollment form.
D. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar
year. Orthodontic benefits remain unchanged and are limited to those dependents up
to the age of 19 and subject to a $1,000 per person, per lifetime benefit.
4.6 RETIREMENT
4.6.1 City Paid Employee Retirement
Bargaining unit members shall pay the full share of the employee's contribution to the Marin
County Retirement System.
Employees represented by this bargaining group who retire from the City of San Rafael within
120 days of leaving City employment (excludes deferred retirements), shall receive employment
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service credit for retirement purposes only, for all hours of accrued, unused sick leave
(exclusive of any sick leave hours they are eligible to receive and they elect to receive in
compensation for at the time of retirement, pursuant to Section 5.1.5. of this M.O.U.).
4.6.2 Retirement Plans
The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement
program to all safety members, as defined under the 1937 Act Government Code Section
31664, subject to Marin County Employee Retirement Association procedures and regulations
and applicable 1937 Act laws that govern such plans. This is based on an employees' single
highest year of compensation with a 3% COLA.
Safety members 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.
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.
4.6.3 Member Cost of Living Rates
Bargaining unit members who are eligible to participate in the Marin County Employee
Retirement Association will pay their full share of members' cost of living rates as allowed under
Articles 6 and 6.8 of the 1937 Retirement Act. Safety member contribution rates include both
the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act).
4.6.4 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.
5 LEAVES
5.1 SICK LEAVE
5.1.1 Policy Statement
Each employee represented by this Association shall be eligible to accrue sick leave benefits.
Employees may use accrued sick leave, if necessary, during their probationary period. Sick
leave shall not be considered as a privilege, which an employee may use at his/her discretion
but shall be allowed only in case of necessity and actual sickness or disability.
5.1.2 Administration of Sick Leave
An employee eligible for sick leave with pay will be granted such leave with the approval of the
Fire Chief for the following purposes: Personal illness or illness within the immediate family
(immediate family is defined based on California Paid Sick Leave law as employee's spouse,
registered domestic partner, children and/or employee's parents, in-laws, siblings, grandchild
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and grandparents) or physical incapacity resulting from causes beyond the employee's control;
or Enforced quarantine of the employee in accordance with community health regulations.
Except that an employee may not use sick leave for a work-related injury and/or illness once
said employee has been determined permanent and stationary.
The employee is required to notify the Fire Chief according to department rules and regulations
at the beginning of his/her workday if said employee will be absent under the provisions of sick
leave. Every employee who is absent from his/her duties for two (2) consecutive days, under
the provisions of sick leave, shall file with the Human Resources Director, if so requested, a
verification in the form of a physician's certificate or the employee's personal affidavit, verifying
the employee's eligibility for sick leave. The inability or refusal by said employee to furnish the
requested information, as herein required, shall constitute good and sufficient cause for
disciplinary action, up to and including dismissal.
In recognition of exempt status from FLSA, time off for Sick leave purposes shall not be
deducted from employee's accrual unless the employee is absent for the full workday.
5.1.3 Sick Leave Accrual
Represented employees working a 56 -hour work week shall earn sick leave credits at the rate of
twelve (12) hours per month. Represented employees working a 37.5 -hour work week shall
earn sick leave credits at the rate of 7.5 hours per month.
Accrual of sick leave for usage purposes is unlimited. The maximum accrual limits for sick leave
payoff purposes are 1,200 hours for employees working a 37.5 -hour work week and 1,680
hours for employees working a 56 -hour work week.
5.1.4 Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of San Rafael on
or after February 1, 2007 and within 120 days of leaving City employment (excludes deferred
retirement) shall receive employment service credit, for retirement purposes only, for all hours of
accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to
receive and elects to receive in compensation at the time of retirement, pursuant to Section
5.1.5 — Sick Leave Payoff).
5.1.5 Sick Leave Payoff
Employees who leave City service in good standing shall receive compensation (cash in) of all
accumulated, unused sick leave based upon the rate of three percent (3%) for each year of
service up to a maximum of fifty percent (50%) of their sick leave balance. Sick leave payoff
would be subject to a maximum of 600 hours for 37.5 hour per week employees and 840 hours
for 56 -hour per week employees, subject to the 3% per year formula noted above. In the event
of the death of an employee, payment for unused sick leave based upon the previously stated
formula shall be paid to the employee's designated beneficiary.
5.2 VACATION LEAVE
5.2.1 Policy Statement
Each employee represented by this Association shall be eligible to accrue vacation leave
benefits. Employees shall be eligible to use accrued vacation leave after six (6) months of
employment, subject to the approval of the Fire Chief.
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5.2.2 Rate of Accrual
Vacation benefits shall accrue during the probationary period. Each regular full-time employee
(part time regular are prorated) shall accrue vacation at the following rate for continuous service:
For 37.5 hour per week employees
YEARS OF SERVICE
ACCRUAL PER YEAR
ACCRUAL PER PAY
PERIOD
1 - 5 Years
15 days or 112.5 hours
4.69 hours
6 Years
16 days or 120 hours
5.00 hours
7 Years
17 days or 127.5 hours
5.31 hours
8 Years
18 days or 135 hours
5.63 hours
9 Years
19 days or 142.5 hours
5.94 hours
10 Years
20 days or 150 hours
6.25 hours
11 Years
21 days or 157.5 hours
6.56 hours
12 Years
22 days or 165 hours
6.88 hours
13 Years
23 days or 172.5 hours
7.19 hours
14 Years
24 days or 180 hours
7.5 hours
15+ Years
25 days or 187.5 hours
7.81 hours
For 56 -hour per week employees
YEARS OF SERVICE
ACCRUAL PER YEAR
ACCRUAL PER PAY
PERIOD
1 - 5 Years
7.5 shifts or 180 hours
7.5 hours
6 Years
8 shifts or 192 hours
8 hours
7 Years
8.5 shifts or 204 hours
8.5 hours
8 Years
9 shifts or 216 hours
9 hours
9 Years
9.5 shifts or 228 hours
9.5 hours
10 Years
10.0 shifts or 240 hours
10 hours
11 Years
10.5 shifts or 252 hours
10.5 hours
12 Years
11 shifts or 264 hours
11 hours
13 Years
11.5 shifts or 276 hours
11.5 hours
14 Years
12 shifts or 288 hours
12 hours
15+ Years
12.5 shifts or 300 hours
12.5 hours
5.2.3 Administration of Vacation Leave
The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits to
any eligible employee, except that if the employee leaves City employment before accruing the
used vacation leave said employee will reimburse the City for the advanced vacation leave.
In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be
deducted from the employee's accrual unless the employee is absent for the full work day.
The time at which an employee may use his/her accrued vacation leave and the amount to be
taken at any one time, shall be determined by the Fire Chief with particular regard for the needs
of the City, but also, insofar as possible, considering the wishes of the employee.
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In the event that one or more City holidays falls within an annual vacation leave, such holidays
shall not be charged as vacation leave, unless the employee is on a schedule to be paid for
designated holidays in lieu of days off.
5.2.4 Vacation Accrual Cap
At any time during each calendar year employees will be limited (capped) in the number of
vacation hours they can accrue.
No employee may accrue more than 265 hours for 37.5 hour per week employees and 396
hours for 56 -hour per week employees. Vacation accruals will resume once the employee's
accumulated vacation balance falls below the allowable cap limit.
Employees may, for special situations (i.e., extended medical leave) request an increase in their
cap. Each request would need to be in writing, submitted through the department, and receive
the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a
case-by-case basis and would be evaluated based on the reason for the request and be
consistent with the provisions of the MOU. This additional vacation accrual could not exceed
one-half of the employee's regular annual vacation accrual. In no case would the addition of
vacation accrual over the cap be extended beyond one additional year.
If an employee exceeds the accrued vacation balance (cap) as a result of being on extended
leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and
the employee would be allowed to use the additional accrued hours without penalty. In no event
will an employee have their vacation hours reduced as a result of exceeding the cap due to
having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to
an industrial injury prevented them from taking scheduled vacation.
5.2.5 Vacation Payoff
Upon termination of employment by resignation, retirement, or death, employees who leave the
municipal service in good standing shall receive compensation of all accrued unused vacation
leave earned prior to the effective date of leaving their City position. In the event of the death of
an employee, payment for unused vacation leave shall be paid to the employee's designated
beneficiary.
5.3 HOLIDAYS
5.3.1 Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to the following
holidays:
New Year's Day
Martin Luther King Day
Washington's Birthday*
Lincoln's Birthday*
Cesar Chavez Day
Memorial Day
Independence Day
Nntes
Labor Day
Admission Day*"
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas
*For employees working a 37.5 -hour work week, Washington's and Lincoln's birthdays are
combined as President's Day; with that said, employees shall receive one floating holiday.
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**A floating holiday is provided in lieu of Admission's Day off.
7.5 hours for these floating holidays are automatically added to an employee's Floating Holiday
accrual on a semi-annual basis.
5.3.2 Holiday Pay
All 56 hour a week shift employees represented by this Association are entitled to additional
straight time compensation for every holiday given above. Said compensation shall be paid
twice each year on the first pay period of December and the first pay period of June. Holiday
pay formula will be based on a 56 -hour work week (2,912 hours per year for calculating the
hourly rate for a twelve-hour day).
5.4 OTHER LEAVE
5.4.1 Administrative Leave
Represented employees working a 37.5 -hour work week shall receive ten (10) Administrative
Leave days (75 hours) each calendar year (56 -hour work week represented employees shall
receive 5.0 shifts [120 hours]) subject to the approval of the department head. Unused
Administrative Leave does not carry over from one calendar year to the next, nor are unused
balances paid off upon an employee's resignation.
In recognition of exempt status from FLSA time off for Administrative leave purposes shall not
be deducted from employee accrual, unless the employee is absent for the full workday.
5.4.2 Bereavement Leave
In the event of the death of an employee's spouse, registered domestic partner, child, parent,
sibling, in-law(s), grandparent, grandchild or relative who lives or has lived in the home of the
employee to such an extent that the relative was considered a member of the immediate family
and/or another individual who has a legal familial relationship to the employee and resided in
the employee's household, up to three (3) days for 37.5 hour per week represented employees
(2 shifts for 56 hour per week employees) of bereavement leave within the state and up to five
(5) days for 37.5 hour per week represented employees (2 shifts for 56 hour per week
employees) of out of state bereavement leave may be granted to attend the funeral.
In those cases where the death involves an individual who had such a relationship with the
employees, as defined above, the employee shall sign a simple affidavit describing the
relationship and submit this to the Fire Chief as part of the request for bereavement leave.
5.4.3 Jury Duty
Employees required to report to jury duty shall be granted a leave of absence with pay from
their assigned duty until released by the court. The employee shall notify his/her employer in
advance when summoned for jury duty. If the employee is a shift employee and is selected to
serve on a jury, said employee shall not be required to perform duty during non -court hours until
released by the court.
5.4.4 Workers Compensation Leave
Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor
Code. Non -safety employees shall be governed by applicable state law and City Rules and
Regulations. Refer to Section 5.1.2 for qualifications regarding use of accrued sick leave.
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5.4.5 Military Leave
Military leave as defined in State law shall be granted to any regular employee.
All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within
the limits of military regulations, to determine when such leave shall be taken.
5.4.6 Leave of Absences Without Pay
Leave of absences without pay (for non-medical reasons which are covered by Section 5.4.7.)
may be granted in cases of emergency or where such absence would not be contrary to the
best interest of the City. Such leave so granted is not a right but an authorized privilege.
Employees on authorized leave of absence without pay may not extend such leave without the
expressed approval of the Appointing Authority. All other applicable leaves must be exhausted
and no vacation, sick leave, or any other paid benefit shall be accrued or used during such
leave. The Fire Chief, as Appointing Authority, may grant up to 30 days of leave without pay
depending upon the merit of the case. Any leave without pay in excess of 30 days may only be
granted upon the recommendation of the Fire Chief and approval of the City Manager and may
not exceed a total of six months.
5.4.7 Family Medical Leave
Such leave shall be in accordance with applicable State and Federal law.
5.4.8 Catastrophic Leave
Association members shall abide by City Policy.
5.4.9 Absence Without Authorized Leave
An unauthorized absence of an employee for three consecutive work days may result in an
investigation as to the circumstances of the situation and disciplinary action up to and including
termination, if warranted.
55.55 ACCRUAL BALANCE ADJUSTMENT
When a member moves from a 56 -hour work week assignment to a 37.5 -hour work week
assignment, accrued vacation, sick, and administrative leave hour balances will be multiplied by
.67 to determine new leave balances.
When a member moves from a 37.5 -hour work week assignment to a 56 -hour work week
assignment, accrued vacation, sick, and administrative leave hours will be multiplied by 1.49 to
determine new leave balances.
This does not apply to temporary reassignments.
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 WORK WEEK
The established work week for suppression employees covered by this Memorandum of
Understanding shall consist of a fifty-six (56) hour workweek with a three (3) platoon system. A
work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and
continuing through 0800 the following day. A set shall be defined as two twenty-four hour shifts
worked consecutively.
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Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour shifts
within a twenty-four (24) day cycle as listed below (commonly referred to as the "2 X 4"
schedule):
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XX0000/XX0000/XX0000/XX0000
The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should
notify the Fire Department administration that sick leave use is needed according to current
policy and before each 24-hour shift.
The established workweek for 37.5 -hour employees shall be negotiable between the Employee
and the Fire Chief, with the final schedule determined by the Fire Chief's approval.
6.2 HOURLY RATE
The hourly rate for personnel covered by this MOU shall be based on 1950 annual work hours
for represented job classes working a 37.5 -hour work week and 2912 annual work hours for
represented job classes working a 56 -hour work week.
6.3 OVERTIME
Employees in the FLSA exempt classifications of Administrative Chief/Fire Division Chief or
Battalion Chief will be paid overtime for additional days authorized and worked in excess of their
regular work week schedule provided that:
The employee is assigned to overtime relief duty as shift commander, Strike Team
Leader, or other authorized emergency overhead assignment; and
2. The Fire Chief has authorized the overtime work in writing and in advance of the
performance of the work. The overtime authorized in this section will be paid at time
and one half of the 56 -hour rate, regardless of whether the employee normally works a
37.5 hour or 56 -hour schedule.
6.4 CONTRACTUAL OVERTIME LEAVE
With the Fire Chief's approval, contractual Overtime Leave, in lieu of overtime pay, may be
taken subject to the following rules:
6.4.1 Accrual Limit
Battalion Chiefs filling a Specialty Assignment on a 37.5 -hour work week schedule, who work
overtime as specified in Section 6.3, may accrue up to 75 hours of Contractual Overtime Leave
after which said employee must accept overtime pay in lieu of accruing additional Contractual
Overtime Leave.
6.4.2 Overtime Rate
Battalion Chiefs filling a Specialty Assignment on a 37.5 -hour work week schedule, who work
overtime as specified in Section 6.3, may elect to accrue Contractual Overtime Leave on an
hour for hour basis subject to the limitations in Section 6.4.1. Employees who elect Contractual
Overtime Leave must take the time off and will be paid based on the 37.5 -hour rate when the
Contractual Overtime Leave time is taken.
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6.5 SPECIALTY ASSIGNMENT
If through mutual agreement with the Fire Chief operations personnel are assigned to the 37.5 -
hour work schedule, as opposed to the 56 -hour schedule, for assignments such as training, fire
prevention, or other administrative functions, such employee shall receive five percent (5%)
premium pay. The length of the assignment shall be based on mutual agreement between the
employee and the Fire Chief. When an employee filling a specialty assignment works overtime
beyond the regularly scheduled work day as a shift commander, strike team leader or other
authorized emergency overhead assignment, the five percent (5%) specialty assignment
premium pay will not will be paid on the overtime hours.
6.6 SELECTION
6.6.1 Selection Process
The City's Human Resources Department shall be responsible for the administration of all
recruitments.
6.6.2 Referral Process
All qualified candidates, based upon competitive examination, shall be placed on the Eligibility
List for the appropriate job classification. The Fire Chief shall have the authority of "the Rule of
the List" and all candidates on a current Eligibility List shall be eligible for referral to the Fire
Chief for final selection.
6.6.3 Battalion Chief Qualifications
In addition to other qualifications described in the Fire Department's Career Development
Guide, qualifications for candidates for Chief Officer positions represented by this Association in
the Fire Department will include three (3) years of line captain experience or two (2) years of
line captain experience if appointed to an acting assignment.
6.7 PROBATIONARY PERIOD
6.7.1 Purpose of Probation
Each employee shall serve a period of probation beginning on the date of initial appointment to
their position. The purpose of probation shall be to determine the employee's ability to perform
satisfactorily the duties prescribed for the position, prior to the employee entering regular status.
6.7.2 Length of Probationary Period
The probationary period on original and promotional appointments shall be for twelve (12)
months.
6.7.3 Rejection During Probation
During the probationary period an employee may be rejected at any time by the Fire Chief
without the right of appeal.
6.7.4 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or injury or
compelling personal situation during which time the employee was unable to work. In such
cases, the probationary period may be extended for the length of time the ill or injured employee
was unable to work.
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6.7.5 Notification of Extension or Rejection
On determining that a probationary employee's work is not satisfactory, the Fire Chief shall
notify the Human Resources Director in writing of his/her intention to extend the employee's
probationary period or reject the employee. After discussion with the Human Resources
Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection.
6.7.6 Regular Status
For the purpose of this agreement, regular status shall mean; full time, non -probationary status.
Regular status shall commence with the day following the expiration date of a probationary
period.
6.7.7 Promotion of Probationary Employee
An employee serving a probationary period may be promoted to a position in a higher position
classification provided he/she is certified from the appropriate Eligible List. The employee
promoted in this manner shall serve a new probationary period for the position to which the
employee is promoted and the new probationary period and promotional appointment shall be
effective the same date.
6.7.8 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period shall be
reinstated to the position in which the employee held regular status prior to his/her promotion
and all previous rights and privileges restored. Provided, however, that if the cause for not
passing the promotional probationary period is sufficient grounds for dismissal, the employee
shall be subject to dismissal without reinstated to the lower position. If the employee has
completed the probationary period in the prior classification and the employee is subject to
dismissal without reinstatement, the employee has the opportunity to appeal pursuant to the
provisions of the Firefighters Procedural Bill of Rights Act and this Memorandum of
Understanding.
6.8 PERSONNEL RULES & REGULATIONS
6.8.1 Drug & Alcohol Policy
SRFCOA agree to adhere to the Drug and Alcohol Policy as outlined in the San Rafael
Firefighters' Association contract.
6.8.2 Outside Employment Policy
Association members shall abide by City's policy dated June 27, 2007.
6.8.3 Temporary Light (Modified) Duty Policy Statement
SRFCOA agrees to follow the City of San Rafael's Modified Light Duty Work Policy dated June
6, 2008.
6.8.4 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 tobacco products as follows:
5RFCO MOU 2021-2024 uv
1. While inside any City of San Rafael structure or space
2. While inside any City/Fire Department vehicle
3. While in public when on -duty or in uniform
4. In compliance with State and local ordinance
The City will provide tobacco cessation assistance to employees who desire to stop using
tobacco products. Employees will be referred to the City's employee assistance program for
initial assistance and, if needed, will be eligible to receive up to $2500 in additional funds to
complete a certified tobacco cessation program. Written approval from the Fire Chief is
required for the additional funding.
6.8.5 Medical Standards
The City will establish pre-employment medical standards for all classifications represented by
the San Rafael Fire Chief Officers' Association.
6.9 MISCELLANEOUS
6.9.1 Return of City Equipment
Upon termination of employment, all tools, equipment, and other city property assigned to any
employee shall be returned to the Fire Department.
6.9.2 Political Activity
The political activity of employees shall comply with pertinent provisions of State and Federal
law.
6.9.3 Staffing Levels
Any changes in the current staffing levels of positions represented by this Association will be
subject to meet and confer.
6.9.4 Career Development Program
The San Rafael Fire Chief Officers' Association agrees to the Career Development Guidelines
as written.
6.9.5 Gym Reimbursement
Employees are eligible to receive up to $16.50 per month reimbursement for paid gym
memberships, workout classes or similar ongoing fitness activities. Such reimbursement shall
be reported as taxable income to the employee.
7 PROCEDURES
7.1 DEMOTION & SUSPENSION
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.
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SRFCO MOU 2021-2024
When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an
employee at least ten (10) calendar days before the effective date of the demotion, and a copy
filed with the Human Resources Department.
Demotion pursuant to Section 7.1.1 (a) shall be deemed disciplinary action and as such shall be
handled according to the provisions of the Section titled "Disciplinary Action" of this
Memorandum of Understanding.
7.1.2 Suspension
On the recommendation of the Fire Chief, the City Manager may suspend an employee from a
position at any time for a disciplinary purpose. Intended suspension action shall be reported
immediately to the Human Resources Director and shall be taken in accordance with the
Section titled Disciplinary Action of this Memorandum of Understanding and provisions for
exempt status employees.
7.2 TERMINATION OF EMPLOYMENT
7.2.1 Resignation
An employee wishing to leave City service in good standing shall file with his/her immediate
supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation
stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to
the Fire Chief and the Human Resources Department.
7.2.2 Termination/ Demotion - Lack of work or funds
The Fire Chief may terminate an employee because of reorganization, abolition of position, and
shortage of funds. Said termination shall be considered a Reduction In Force and shall be
processed in accordance with Article 7.6, Reduction in Force, of this Memorandum of
Understanding.
7.2.3 Termination - Disciplinary Reasons
An employee may be terminated for disciplinary reasons, as provided in Article 7.3, Disciplinary
Action, of this Memorandum of Understanding.
7.2.4 Termination - Probation
The rejection of an employee during his/her initial probationary period is covered in Article 7.3,
Probationary Period, of this Memorandum of Understanding.
7.2.5 Retirement
Retirement from City service shall, except as otherwise provided, be subject to the terms and
conditions of the City's contract, as amended from time to time, with the Marin County
Retirement System.
7.3 DISCIPLINARY ACTION
7.3.1 Authority
The City shall have the right to discharge or discipline any employee for dishonesty,
insubordination, drunkenness, incompetence, negligence, failure to perform work as required or
to observe the Department's safety rules and regulations or for engaging in strikes, individual or
group slowdowns or work stoppages, or for violating or ordering the violation of the
Memorandum of Understanding.
24
5RFCO MOU 2021-2024
7.3.2 Definition
Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or
suspension resulting in loss of pay. Any disciplinary action taken shall be consistent with the
provisions of the Fair Labor Standards Act as it relates to exempt employees.
7.3.3 Causes for Disciplinary Action
The City may discipline or discharge an employee for the following:
a. Fraud in securing appointment.
b. Negligence of duty.
c. Violation of safety rules.
d. Unacceptable attendance record including tardiness, overstaying lunch or break periods.
e. Possession, distribution or under the influence of alcoholic beverages, non-prescription
or unauthorized narcotics or dangerous drugs during working hours.
f. Inability, unwillingness, refusal or failure to perform work as assigned, required or
directed.
g. Unauthorized soliciting on City property or time.
h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude.
i. Unacceptable behavior towards (mistreatment or discourteousness to) the general public
or fellow employees or officers of the City.
j. Falsifying employment application materials, time reports, records, or payroll documents
or other City records.
k. Disobedience to proper authority.
I. Misuse of City property.
m. Violation of any of the provisions of these working rules and regulations or departmental
rules and regulations.
n. Disorderly conduct, participation in fights, horseplay or brawls.
o. Dishonesty or theft.
p. Establishment of a pattern of violations of any City policy or rules and regulations over
an extended period of time in which a specific incident in and of itself would not warrant
disciplinary action, however, the cumulative effect would warrant such action.
q. Failure to perform to an acceptable level of work quality and quantity.
r. Insubordination.
s. Other acts inimical to the public service.
t. Inability or refusal to provide medical statement on cause of illness or disability.
7.3.4 Appeals
Whenever punitive action is undertaken, the offending employee shall have the opportunity for
an administrative appeal which will be conducted in conformance with the Administrative
Procedures Act and this Memorandum of Understanding. If an employee feels he or she has
been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case
through the appropriate procedure established in this Memorandum of Understanding. Such
appeal must be filed with the City Manager by the employee in writing within ten (10) working
days from the date of the discipline/discharge and unless so filed the right of appeal is lost.
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SRFCO MOU 2021-2024
7.3.5 Proceeding Heard by City Manager
The appellant may submit the appeal directly to the City Manager or may request arbitration. If
an employee elects to have an appeal heard by the City Manager, the employee must state in
writing that he or she waives his/her right to an appeal that conforms to the procedures of the
Administrative Procedure Act.
7.3.6 City Manager and Arbitration
If arbitration is requested, the arbitration will be held in conformance with the Administrative
Procedure Act, California Code of Regulations, and other applicable statutes. Representatives
of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually
acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be
shared equally by the appellant and the City.
A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator
unless the mutually accepted Arbitrator's schedule does not so permit, in which case the
hearing shall be held not more than 120 days after the selection of the arbitrator. In addition to
arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to
select from a pool of arbitrators mutually agreed to by the City and the Association. The
arbitrator shall hear 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.
7.4 GRIEVANCE PROCEDURE
7.4.1 Definition
A grievance is any dispute which involves the interpretation or application of any provision of
this Memorandum of Understanding (excluding Article 1.3 and Article 1.5 of this M.O.U.), or any
Fire Department policy specifically referenced herein, except issues concerning appeals of
punitive action, which is governed by Article 7.3. Policy 1 -VI -3 is specifically incorporated by
reference. Proposals to add to or change this Memorandum of Understanding or written
agreement or addenda supplementary hereto shall not be grievable.
7.4.2 Initial Discussion
Any employee who believes that he or she has a grievance may discuss his or her complaint
with the Fire Chief. If the issue is not resolved within ten (10) working days, or if the employee
elects to submit his or her grievance directly to an official of the association, the procedures
hereafter specified shall be invoked.
7.4.3 Referral to City Manager
Any employee or any official of the Association may notify the City Manager and Fire Chief in
writing that a grievance exists, and in such notification state the particulars of the grievance,
and, if possible, what remedy or resolution is desired.
No grievance may be processed under Section 7.4.4 below which has not been first heard and
investigated in pursuance of Section 7.4.2. A grievance which remains unresolved ten (10)
working days after it has been submitted to the City Manager in writing may be referred to the
next step.
Any time limit may be extended to a definite date by mutual agreement of the Association and
the appropriate management representative.
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SRFCO MOU 2021-2024
7.4.4 City Manager and Arbitration
If the grievance is not resolved in the previous Section 7.4.3 of this Memorandum of
Understanding, the grievant, the Association, or the City, after completion of the previous step in
the grievance procedure, may submit the grievance directly to the City Manager or may request
arbitration. If arbitration is requested, representatives of the City and the Grievant shall meet
within ten (10) working days to select a mutually acceptable arbitrator. The selection process
will include a review of the arbitrator's availability for the hearing. The fees and expenses of the
arbitrator and of a court reporter shall be shared equally by the Grievant and the City. Each
party, however, shall bear the cost of its own presentations, including preparation and post
hearing briefs, if any. A hearing before the arbitrator shall be held within 60 calendar days of
selection of the arbitrator unless the mutually accepted Arbitrator's schedule does not so permit,
and the arbitrator shall render a decision which is binding on the parties hereto, to the extent
permitted by the Charter of the City. No Arbitrator shall have the power to amend or modify this
Memorandum of Understanding or written agreements or addenda supplementary hereto or to
establish any new terms or conditions of employment.
7.5 FURLOUGH PROGRAM
The employees of this Association endorse the Furlough Program described in Exhibit "B"
attached to this Memorandum of Understanding.
7.6 REDUCTION IN FORCE
7.6.1 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 organizational efficiency.
7.6.2 Notice
Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least
thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association
shall also be so notified.
7.6.3 Order of Layoff
Layoffs and/or reductions in force shall be made by classification. A classification is defined as
a position or number of positions having the same title, job description and salary. Extra -hire
employees shall be laid off before permanent employees in the affected classification. In
effecting the preceding order, a part-time permanent employee with more seniority can displace
a full-time permanent employee.
7.6.4 Seniority
If two or more employees within a classification have achieved permanent status, such
employees will be laid off or reduced on the following basis:
a. Seniority within the affected classifications will be determinative. Such seniority shall
include time served in higher classification (s). The computation of seniority for part-time
employees will be credited on a pro -rata basis to full-time service. Time spent on a City
Manager approved leave of absence without pay does not count toward seniority.
b. If the seniority of two or more employees in the affected classification or higher
classification(s) is equal, departmental seniority shall be determinative.
27
SRFCO MOU 2021-2024
c. If all of the above factors are equal, the date of regular status in City service shall be
determinative.
d. If all of the above are equal, date of certification for appointment shall be determinative.
7.6.5 Bumping Rights
An employee designated to be laid off may bump into a class at the same salary level, or into
the next lower classification in which such employee has previously held regular status. An
employee who is bumped shall be laid off in the same manner as an employee whose position
is abolished.
7.6.6 Transfer Rights
The Human Resources Director will make every effort to transfer an employee who is to be
affected by a reduction in force to another vacant position for which such employee may qualify.
The length of eligibility for such transfer will be the period of notification as provided in Section
7.6.2, but no longer than the effective date of such layoff or reduction.
7.7 RE-EMPLOYMENT
7.7.1 General Guidelines
Individuals who have been laid off or demoted shall be offered re -appointment to the same
classification in which they held status in the order of seniority in the classification. Individuals
demoted in lieu of reduction in force shall be offered restoration to the highest class in which
they held status and in which there is a vacancy prior to the appointment of individuals who
have been laid off.
7.7.2 Right to Re -Employment
Each person who has been laid off or demoted in lieu of a layoff from a position the person held,
shall, in writing, be offered re -appointment in the same classification should a vacancy occur in
the classification within two years after the layoff or demotion. Prior to being re-employed, the
employee must pass a physical exam administered by a City appointed physician and must
pass the background check administered by the City.
7.7.3 Time Limits
Should the person not accept the re -appointment within seven (7) calendar days after the date
of the offer, or should the person decline or be unable to begin work within two weeks after the
date of acceptance of the offer, the person shall be considered unavailable for employment,
shall forfeit the right to re-employment and shall be removed from the re-employment list.
7.7.4 Availability
Whenever a person is unavailable for re-employment, the next senior person who is eligible on
the re-employment list shall be offered re-employment.
7.7.5 Probationary Status
Employees re -appointed under the provisions above will not be required to complete a new
probationary period if they had previously held permanent status in the classification.
Employees who had not completed their probationary period shall serve the remainder of the
probationary period upon re -appointment.
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SRFCO MOU 2021-2024
7.7.6 Restoration of Benefits
Employees restored to previously held positions shall be deemed to have returned from a leave
of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll
will not count as time worked for the purposes of seniority accrual.
29
SRFCO MOU 2021-2024
SAN RAFAEL FIRE CHIEF OFFICERS'
ASSOCIATION:
Matt Windrem, Battalion Chief
Hamilton, Battalion Chief
a-;'/ [Z� I
Date
CITY OF SAN RAFAEL:
Crist Alilo c ,Assistant City Manager
Sylvia onzalez-Shelton, HR Operations Mgr
Date
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San Rafael Fire Chief Officers Association
Exhibit B
FURLOUGH PROGRAM
Both the City of San Rafael and the Fire Chief Officer's Association employees recognize the current
economic condition of the State of California and the City of San Rafael. Through this recognition and
in a cooperative spirit, the City of San Rafael and the Fire Chief Officer's Association have worked
expeditiously on the development of a Furlough Program. This Agreement does not mean the City will
necessarily implement furloughs; but in the event it is necessary to implement due to continued
economic problems in the City of San Rafael, the procedures for this Furlough Program shall provide
for both Voluntary Time Off (herein described as VTO) and Mandatory Time Off (herein described as
MTO).
Voluntary Time Off (VTO).
The City will develop and distribute to all employees a survey to determine who might be interested in
VTO and the extent to which that interest translates into hours (cost savings) during the coming fiscal
year. The needs of the City and the respective departments (as determined by the Department Head
and City Manager) will need to be considered in the actual granting of VTO. Any VTO time granted
and the resulting savings will have a corresponding impact on the time needed through MTO.
1. An employee's VTO time would count in determining how many hours of MTO an employee
needed to take during the fiscal year.
2. An employee selecting VTO would receive one half hour of furlough induced Personal Leave
time off for every hour of VTO taken not to exceed the number of furlough induced Personal
Leave time off an employee scheduled for MTO would receive (establishes a maximum cap of
5%). This furlough induced Personal Leave time is to be taken as described in 4.b.
3. Employees who take VTO at a time other than when MTO is taken by other employees will
have to take vacation leave, compensatory time off or leave without pay if the MTO results in
the closure of the department.
Mandatory Time Off (MTO).
MTO will be taken by the employee during the MTO period when feasible in their respective
department (as determined by the Department Head and City Manager). The City will attempt to
schedule MTO time in blocks of days (between Christmas and New Years) or individual days next to
scheduled holidays and/or weekends.
1. Employees may not take paid vacation time in lieu of designated MTO time.
2. MTO time shall be considered time in pay status for the accrual of leave and eligibility for
holidays. MTO time will not impact health, dental and life insurance benefits. At this time MTO
time will impact Marin County retirement contributions; but if the Marin County Retirement
System changes it policy on this the City will, effective the first of the month following notice
from the Marin County Retirement System, make the necessary change in the program's
administration to correspond with the change in the policy. Any employee who notifies the City
no later than the first day of the fiscal year of the contract term of their retirement date and
retires from the Marin County Retirement System during the term of this contract shall be
Page 1 of 2
San Rafael Fire Chief Officers Association
Exhibit B
exempted from the MTO requirements. If said employee did not retire during the fiscal year as
stated, said employee would be docked in pay an amount equivalent to the number of MTO
hours taken by other represented employees.
3. MTO time shall apply toward time in service for step increases, completion of probation, and
related service credit.
4. Other Terms and Conditions:
a. The MTO program shall be limited to a maximum five percent (5%) reduction in work
hours/pay for the fiscal year. For each MTO hour deducted the involved employee
shall be credited with an one half hour added to a furlough induced Personal Leave
balance.
b. Personal Leave accrued through the MTO Program may be taken beginning the first
day of the following fiscal year with supervisory approval. Furlough induced Personal
Leave has no cash value upon termination of employment. If an employee is laid off
before having the opportunity to take unused furlough induced Personal Leave said
employee would be eligible to take the unused furlough induced Personal leave during
the thirty day layoff notice period.
C. The employees represented by this Association may elect to give up pay for holidays
worked in lieu of mandatory time off, as long as the dollar value of the holiday pay
equates to the dollar value of the designated mandatory time off.
d. Should the City of San Rafael experience a financial windfall during the fiscal year that
furloughs are implemented, the City agrees to re -open discussions on this Furlough
Program.
e. The City agrees that it will attempt to distribute the dollar value of any MTO time
implemented equally over the remaining number of pay periods in the fiscal year.
Page 2 of 2
SIDE LETTER AGREEMENT
BETWEEN THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION
AND
THE CITY OF SAN RAFAEL
The Citv of San Rafael (hereinafter referred to as "City") and the San Rafael Fire Chief
Officers' Association (hereinafter referred to as the "Association") entered into a Memorandum
of Understanding ("MOU") with a term beginning on July 1, 2018; originally terminating on
June 30, 2020; and later extended by a one-year Side Letter Agreement until June 30, 2021.
The City and the Association are collectively referred to herein as the "Parties." The Parties
now wish to create a Pilot Program to explore changing the 24-11our workshift's start and end
times with a three (3) platoon system.
Effective April 1, 2021, the Parties mutually agree to change the workshift's start time from
0800 hours to 1200 hours and to change the workshift's end time from 0800 hours to 1200
hours 48 hours later, instead.
The specific provisions contained in this Agreement arc intended to supersede any previous
agreements, whetheroral or written, regarding thematters contained in this Agreement. Except
as provided here, all wages, hours, and other terms and conditions of employment presently
Association in the MOU remain in full force and effect.
The Parties have satisfied their obligations to meet and confer in good faith in accordance with
the Meyers-Milias-Brown Act ("MMBA") concerning the terms and conditions of this
Agreement and its implementation.
Thus, the Parties mutually agree to make the following changes to the MOU to read as follows:
6 TERMS & CONDITIONS OF EMPLOYMENT
6.1 WORKWEEK
The established work week for suppression employees covered by this Memorandum of
Understanding shall consist of a fifty-six (56) hour workweek with a three (3) platoon system. A
work shift shall be defined as twenty-four (24) consecutive hours, commencing at 081200 and
continuing through 881200 the following day. A set shall be defined as two twenty-four hour
shifts worked consecutively.
Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour shifts
within a twenty-four (24) day cycle as listed below (commonly referred to as the "2 X 4"
schedule):
X = 24 hour on -duty period
0 = 24 hour off-duty period
Example: XX0000/XXO000/XXOOOO/XXO000
SAN RAFAEL FIRE CHIEFS'
ASS CIATION:
4 11 41
MATTHEW WINDREM, BATTALION
CHIEF
G
K Lr HAMILTON, BATTALION CHIEF
.I s HATFIELD, BATTALION CHIEF
PA` J L BERNARD, BATTALION CHIEF
DATE: x-30- Z/
CITY OF SAN RAFAEL:
SYLVIA GONZALEZ-SHELTON
HR OPERATIONS MANAGER
DATE: y, G izd Zf