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Home My WebLink AboutHR MOU Fire Chief Officers 2002CITY OF SAN RAFAEL P. O. Box 151560 San Rafael, CA 94915-1560 Phone (415) 485-3070 FAX (415) 459-2242 TDD (415) 485-3198 Agenda Item No: Meeting Date: October 21, 2002 REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Memorandum of Understanding (MOU) pertaining to compensation and working conditions between the City of San Rafael and the San Rafael Fire Chief Officers' Association Submitted by: 'w., .,, r s w., � ,. .,,.... . �.� 'Approved by: l7aryl'G. CHandler, Asst. Director Mgmt. Services Rod Gould, City Manager Date: October 15, 2002 RECOMMENDATION: Adopt resolution approving the Memorandum of Understanding (MOU) between the City of San Rafael and the San Rafael Fire Chief Officers' Association. SUMMARY/BACKGROUND: Attached please find the Resolution and the complete Memorandum of Understanding between the City and the San Rafael Fire Chief Officers' Association which details the agreed upon wages, hours and working conditions for the employees covered by this MOU. The negotiations with this group centered on the feasibility of providing an enhancement to the current retirement plan for these employees. An actuarial study was completed prior to these negotiations to gather information on the cost of implementing a retirement enhancement. It was determined that in order to consider either of the two possible retirement enhancements a long term agreement would be necessary and the bargaining group would need to share in the cost of implementing such a plan enhancement. The Fire Chief Officers' Association and the City negotiating team reached an agreement on a four-year agreement that would include implementation of a retirement enhance in the third year of the agreement. The agreement reached with this bargaining group complies with the guidelines authorized by the City Council. A summary of the key elements in the MOU follows. I. Term of Agreement: /Four(4) year agreement beginning July 1, 2002 through June 30, 2006. File No:79- 5x q -3-,S1 Ag Council Meeting o s Disposition ADOPTED RESOLUTION NO, 11101 RESOLUTION AMENDING RESOLUTION NO.10449 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION (4 year agreement from July 1, 2002 through June 30, 2009) (Councllmember Miller absenl.l Compensation: a. FY 02/03: Effective July 1, 2002 an across the board salary range increase to the two represented job classes (Battalion Chief and Fire Division Chief) of two percent (2.0%) and beginning the second full pay period following adoption of the MOU by the City Council a two percent (2.0%) across the board salary range increase to the two represented job classes (see shift in employer paid "employee" retirement contribution below). b. FY 03/04: Effective July 1, 2003 an across the board salary range increase to the two represented job classes (Battalion Chief and Fire Division Chief) of 5.0% (see shift in employer paid "employee" retirement contribution below). C. FY 04/05: Effective July 1, 2004 an across the board salary range increase to the two represented job classes (Battalion Chief and Fire Division) of 3.5% (see shift in employer paid "employee" retirement contribution below). d. FY 05/06: Effective July 1, 2005 an across the board salary range increase to the two represented job classes (Battalion Chief and Fire Division) of 3.0%. III. Retirement: a. Employer Paid Member Contribution (EPMC): Pursuant to previous MOUs the City of San Rafael pays one half of the employees' contribution into this retirement plan, not to exceed five (5%) percent (Note: actual employee contribution rate is based on age at entry into the retirement system). During the course of this MOU contract renewal the City will incrementally lower its contribution to EPMC and adjust salary by a like amount. The incremental change in this City expense is shown below. 1. Beginning the second full pay period following adoption of this MOU by the City Council the EPMC rate will be changed from "one half not to exceed five percent (5%) to the first three percent (3%) of the EPMC. 2. Effective July 1, 2003 the City's EPMC rate contribution will be changed from the first three percent (3.0%) to the first percent and a half (1.5%). 3. Effective July 1, 2004 the City's EPMC rate contribution will be changed from the first percent and a half (1.5%) to zero, with the employee paying the full EPMC. b. Member Cost of Living Rates: In the employees' retirement system, Marin County Employees' Retirement System, a cost of living adjustment (COLA) is built into the employer and employee retirement contribution rates. Information obtained from representatives of this system indicated that in all other employer plans in this retirement system, the COLA rate was built into the EPMC rate, not split between the employer and EPMC rate, as is the case with th. City of San Rafael. It is estimated uy the actuarial study report that the employer contribution to the COLA is one percent of payroll (for Safety members). With adoption of this MOU the City and the bargaining group have agreed to shift this amount to base salary and have the EPMC rate table adjusted by a like amount (as allowed under Articles 6 and 6.8 of the 1937 Retirement Act). Per the negotiated MOU this change would be implemented with the salary increase to be granted on July 1, 2003. C. Retirement Plan: The San Rafael Fire Chief Officers' Association only represents job classes that are categorized as "safety members" in the Marin County Employees' Retirement System. Effective July 1, 2004, the 3% @ 55 retirement program would be implemented for all safety job classes represented by this bargaining group, subject to Marin County Employee Retirement Association procedures and regulations applicable to the 1937 Act laws that govern such plans. IV. City Contribution to Employee Health and Disability Insurance: During the four-year term of this MOU the City shall increase its contribution to the employee's premium costs for enrollment in group health and disability insurance plans. Currently the City's contribution is $385 per month. a. Effective the first paycheck in December 2002 the City contribution shall increase to $402 per month. b. Effective the first paycheck in December 2003 the City contribution shall increase to $424 per month. C. Effective the first paycheck in December 2004 the City contribution shall increase to $449 per month. d. Effective the first paycheck in December 2005 the City contribution shall increase to $476 per month. V. Non -Economic Issues: a. Discrimination: The City of San Rafael's Harassment policy and the grievance procedure outlined in that policy is identified as the process the employee should following in reporting alleged discrimination/harassment instead of the grievance procedure outlined in the MOU. b. Drug and Alcohol Policy: A Drug and Alcohol policy is established and outlined in this MOU. FISCAL IMPACT: Over the course of this four-year agreement the total compensation costs (salaries, retirement and benefits) will increase by $122,829 for this five member bargaining group. This increase is in line with the compensation authority granted to the City's team for these negotiations. OPTIONS: The City Council can accept staffs recommendation and adopt the resolution or seek additional information from staff and postpone a decision on this Memorandum of Understanding or the City Council can direct the City's negotiations team back to the table with this bargaining group with a change in authority. ACTION REQUIRED: City Council adoption of the resolution approving the renewal of the Memorandum of Understanding with the San Rafael Fire Chief Officers' Association for a period of four years (July 1, 2002 through June 30, 2006). RESOLUTION NO. 11191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO 10449 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION (4 year agreement from July 1, 2002 through June 30, 2006). WHEREAS, the City of San Rafael and the San Rafael Fire Chief Officers' Association have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding dated October 15, 2002, and consisting of 30 pages and Exhibits has been executed by duly authorized representatives for both parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1: From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Fire Chief Officers' Association, shall utilize the Memorandum of Understanding effective July 1, 2002, as the official document of reference respecting compensation and working conditions for Fire Department personnel represented by the Fire Chief Officers' Association; Section 2: The schedules describing classes of positions and salary ranges attached as Exhibits to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday, the 21st day of October, 2002 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller JE M. LEONCINI, CITY CLERK Memorandum of Understanding between San Rafael Fire Chief Officers' Association and City of San Rafael July. 1, 2002 through June 30, 2006 Table of Contents CHAPTER 1.0. GENERAL PROVISIONS 1 1.1. Introduction 1 1.1.1. Scope of Agreement. 1 1.1.2. Term. 2 1.2. Recognition 2 1.2.1 Bargaining Unit. 2 1.2.2. City Recognition. 2 1.2.3. Available Copies. 2 1.3. Discrimination 2 1.3.1. In General. 2 1.3.2. Association Discrimination. 2 1.4. Association Rights 3 1.4.1. Employee Representatives 3 1.4.2. Dues Deduction 3 1.4.3. Release Time 3 1.5. Management Rights 3 CHAPTER 2.0. COMPENSATION S 2.1. Salary 5 2.1.1. Goal and Compensation Definitions 5 2.1.2. Compensation Surveys 5 2.1.3. Salary Increases and Revenue Sharing Calculations 6 2.1.4.a. Fiscal Year 2002 - 2003 Increase 6 2.1.4.b. Fiscal Year 2003 - 2004 Increase 7 2.1.4.c. Fiscal Year 2004 - 2005 Increase 7 2.1.4.d. Fiscal Year 2005 - 2006 Increase 8 2.1.5. Salary Step Increase 9 2.1.6. Pay Check Dates 9 2.2. Educational Incentive Program 9 2.3. Uniform Allowance. 9 CHAPTER 3.0. PR OBA TIONAR Y PERIOD 9 3.1. Purpose of Probation 9 3.2. Length of Probationary Period 9 3.3. Rejection During Probation 10 3.4. Extension of Probationary Period 10 3.5. Notification of Extension or Rejection 10 3.6. Regular Status 10 3.7. Promotion of Probationary Employee 10 3.8. Unsuccessful Passage of Promotional Probation 10 Table of Contents CHAPTER 4.0. SELECTION 11 4.1. Selection Process. 11 4.2. Referral Process. 11 4.3. Chief Officer Qualifications. 11 CHAPTER 5.0. HEALTHAND WELFARE 11 5.1. Health, and Disability Insurance 11 5.2. Life Insurance 12 5.3. Dental Plan 12 5.4. Joint Benefits Committee 12 5.5. Retirement 13 5.5.1. City Paid Employee Retirement 13 5.5.2. Retirement Plans 13 5.5.3. Member Cost of Living Rates 13 5.6. Vacation 14 5.6.1. Policy Statement 14 5.6.2. Administration of Vacation Leave 14 5.6.3. Vacation Cap Policy 14 5.6.4. Rate of Accrual 15 5.7. Sick Leave 16 5.7.1. Policy Statement 16 5.7.2. Administration of Sick Leave 16 5.7.3. Sick Leave Accrual 16 5.8. Administrative Leave 17 5.9. Holidays 17 5.9.1. Days Observed 17 5.9.2. Holiday Pay 18 5.10. Other Leaves 18 5.10.1. Military Leave 18 5.10.2. Workers Compensation Leave 18 5.10.3. Jury Duty 18 5.10.4. Family Medical Leave 18 5.10.5. Bereavement Leave 18 5.10.6. Leave of Absence Without Pay 19 5.10.7. Absent Without Authorized Leave 19 CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT 19 6.1. Staffing Levels 19 6.2. Work Week 19 6.3. Demotion 20 6.4. Suspension 20 Table of Contents 6.5. Career Development Program 20 6.6. No Smoking 20 6.7. Furlough Plan 20 6.8. Termination of Employment 21 6.8.1. Resignation 21 6.8.2. Termination/Demotion - Lack of Work or Funds 21 6.8.3. Termination - Disciplinary Reasons 21 6.8.4. Termination - Probation 21 6.8.5. Retirement 21 CHAPTER 7.0. DISCIPLINARYACTION 21 7.1. Authority 21 7.2. Definition 21 7.3. Causes of Disciplinary Action 22 7.4. Appeals 22 7.5. City Manager and Arbitration 23 CHAPTER 8.0. GRIEVANCE PROCEDURE 23 8.1. Definition 23 8.2. Initial Discussions 23 8.3. Referral to City Manager 23 8.4. City Manager and Arbitration 24 CHAPTER 9.0. REDUCTION IN FORCE 24 9.1. Authority 24 9.2. Notice 24 9.3. Order of Layoff 24 9.4. Seniority 25 9.5. Bumping Rights 25 9.6. Transfer Rights 25 9.7. Re -Employment 25 9.7.1. General Guidelines 25 9.7.2. Right to Re-employment 26 9.7.3. Time Limits 26 9.7.4. Availability 26 9.7.5. Probationary Status 26 9.7.6. Restoration of Benefits 26 CHAPTER 10.0. MISCELLANEOUS 26 10.1. Medical Standards 26 Table of Contents 10.2. Drug and Alcohol Policy 10.3. Outside Employment 10.4. Return of City Equipment 10.5. Political Activity CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 27 28 28 28 28 11.1. Inspection of Memorandum of Understanding 28 11.2. Existing Laws, Regulations and Policies 28 11.3. Strikes and Lockouts 28 11.4 Prevailing Rights 29 11.5. Full Understanding, Modification, Waiver 29 11.5.1. Joint Representation 29 11.5.2. Modification/Waiver 29 11.5.3. Effective Dates 29 11.6. Severability 29 FA San Rafael Fire Chief Of kers' Association July 1, 2002 through June 30, 2006 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 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, 2002 and ending June 30, 2006. 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. CHAPTER 1.0. 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 herein (See Exhibit "A"). 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. Page 1 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 1.1.2. Term. This agreement shall be in effect from July 1, 2002 through June 30, 2006. 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 (as referenced in Exhibit "A" attached). 1.2.2. City Recognition. The Municipal Employee Relations Officer of the City of San Rafael or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the "City" in employer-employee relations, as provided in Resolution No. 4027 adopted by the City Council on April 5, 1971. 1.2.3. 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. 1.3. 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 preference, marital status, medical condition or disability. Any employee who believes they are being discriminated against should refer to the City of San Rafael's Harassment Policy for the process of receiving an internal administrative review of their complaint. This administrative procedure shall be used as the internal complaint procedure in lieu of the grievance procedure outlined in this MOU (Chapter 8). 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. Page 2 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 1.4. Association Rights 1.4.1. Employee Representatives The Association shall by written notice to the City Manager designate certain of its members as Employee Representatives. 1.4.2. Dues Deduction City agrees, upon written consent of the employee involved, to deduct dues, as established by the Association, from the salaries of its members. The sums so withheld shall be remitted by City along with a list of employees who have had said dues deducted. The provisions specified above shall not apply during periods of separation from the representative Bargaining Unit by any such employee, but shall reapply to such employee commencing with the next full pay period following the return of the employee to the representative Bargaining Unit. The term of separation includes transfer out of the Bargaining Unit, layoff, and leave without pay absences with a duration of more than five (5) working days. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 1.4.3. Release Time The City shall allow a reasonable number of Association members time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. Reasonable time off without loss of compensation or other benefits shall also be granted to members of the Association to participate in and prepare for grievances. 1.5. Management Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: Page 3 of 30 San Rafael Fire Chief OiFcers'Association July 1, 2002 through June 30, 2006 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 and this Memorandum of Understanding. 13. To determine job classifications and to reclassify employees. 14.To hire, transfer, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum of Understanding and the City's Rules and Regulations. 15. To determine policies, procedure and standards for selection, training and promotion of employees. 16.To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18.To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the Page 4 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. CHAPTER 2.0. COMPENSATION 2.1 - SALARY 2.1.1 - Goal and Compensation Definitions Goal: It is the goal of the City Council to try to achieve a total compensation package for all employees in the bargaining unit represented by the San Rafael Fire Chief Officers' Association in an amount equal to the following: 1. One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications in the following ten (10) cities: Alameda, Alameda County, Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Sausalito, South San Francisco and Vallejo. AND 2. The highest total compensation paid to the same or similar classifications in agencies in Marin County. Total Compensation for survey purposes shall be defined as: Top step salary (excluding longevity pay steps), educational incentive pay, holiday pay, uniform allowance, employer paid deferred compensation (except for such portion that may be part of employee cafeteria plan), employer's contribution towards employees' share of retirement, employer's retirement contribution (to be included for total compensation survey beginning July 1, 2004), employer paid contributions toward insurance premiums for health, life, long term disability, dental and vision plans, and employer paid cafeteria/flexible spending accounts. 2.1.2 - Compensation Surveys To measure progress towards the above -stated goal, the City will survey the identified benchmark position of Fire Captain (see Exhibit "E" for internal relationships. Identified benchmark position from other agencies includes 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. Page 5 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 To measure whether the goal has been reached, a survey of total compensation for top step benchmark positions will be conducted annually during the month of July of each year of the contract. Survey data will include all salary and benefit increases, as defined in 'total compensation', in place or to be effective no later than September 1 of that same year, for the purpose of applying the excess General Tax Revenues, if any, described below. If such General Tax Revenues are to be applied to a salary increase, there will be a wage increase retroactive to September 1 for the year under survey for all classifications. Retroactive pay increases shall apply to all current and retired (members who did not resign or were terminated) employees represented by this contract during the retroactive period. In no event will total compensation increases available through the revenue sharing provisions of this contract and provided for bargaining unit employees cause the benchmark positions to exceed the stated 'total compensation' goal. All related classifications shall receive the same increases as those received by their assigned benchmark position (as defined in the San Rafael Fire Chief Officers' Association Represented Benchmarks and Internal Salary Relationships table included as part of this M.O.U. in Exhibit "E") 2.1.3 - Salary Increases And Revenue Sharing Calculations General Tax Revenues shall be defined for this Chapter of the Memorandum of Understanding to include the following taxes: Sales Tax, Property Tax (Secured, Unsecured and Unitary), Motor Vehicle License Fees, Property Transfer Tax, Hotel Occupancy Tax, Business License Tax and Franchise Fees. No other revenue sources of the City will be included in this definition. 2.1.4.a - Fiscal Year 2002-2003 Increase Effective July 1, 2002, bargaining unit employees shall receive an increase of 2.0% in base salary. Beginning the second full pay period following adoption by the City Council of this M.O.U., bargaining unit employees shall receive an increase of 2.0% in base salary (to coincide with 2.0% reduction in employee paid retirement contributions for this fiscal year as identified in Section 5.5.1.). See Exhibit "Al and A2" for salary tables. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2001-2002 exceed General Tax Revenues of the City for fiscal year 2000-2001 as adjusted by 75% of the total compensation increases provided for fiscal year 2001-2002, then the members of the bargaining unit shall be entitled to apply 2.10% of one-half (1/2) of Page 6 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 the excess of fiscal year 2001-2002 General Tax Revenues over fiscal year 2000- 2001 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2001-2002, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.4.b - Fiscal Year 2003-2004 Increase Effective July 1, 2003, bargaining unit employees shall receive an increase of 5.0% in base salary (to coincide with 1.5% reduction in employee paid retirement contributions for this fiscal year as identified in Section 5.5.1). See Exhibit "B" for salary table. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2002-2003 exceed General Tax Revenues of the City for fiscal year 2001-2002 as adjusted by 75% of the total compensation increases provided for fiscal year 2002-2003, then the members of the bargaining unit shall be entitled to apply 2.10% of one-half (1/2) of the excess of fiscal year 2002-2003 General Tax Revenues over fiscal year 2001- 2002 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2002-2003, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.4.c - Fiscal Year 2004-2005 Increase Effective July 1, 2004, bargaining unit employees shall receive an increase of 3.5% in base salary (to coincide with 1.5% reduction in employee paid retirement contributions for this fiscal year as identified in Section 5.5.1). See Exhibit "C" for salary table. If, after the above described increase, the total compensation of the Page 7 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2003-2004 exceed General Tax Revenues of the City for fiscal year 2002-2003 as adjusted by 75% of the total compensation increases provided for fiscal year 2003-2004, then the members of the bargaining unit shall be entitled to apply 2.10% of one-half (1/2) of the excess of fiscal year 2003-2004 General Tax Revenues over fiscal year 2002- 2003 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2003-2004, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark positions identified on "Exhibit E" attached to this MOU. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. 2.1.4.d - Fiscal Year 2005-2006 Increase Effective July 1, 2005, bargaining unit employees shall receive an increase of 3.0% in base salary. See Exhibit "D" for salary table. If, after the above described increase, the total compensation of the top step benchmark positions has not reached the stated goal, then bargaining unit employees shall be entitled to the following possible salary increases: a. If General Tax Revenues of the City for fiscal year 2004-2005 exceed General Tax Revenues of the City for fiscal year 2003-2004 as adjusted by 75% of the total compensation increases provided for fiscal year 2004-2005, then the members of the bargaining unit shall be entitled to apply 2.10% of one-half (1/2) of the excess of fiscal year 2004-2005 General Tax Revenues over fiscal year 2003- 2004 General Tax Revenues adjusted for 75% of the total compensation increases provided to members in fiscal year 2004-2005, for a salary increase. b. Such application of the excess General Tax Revenues, as described above, for a salary increase shall be based on the surveying of total compensation for the benchmark position. All bargaining unit classifications will receive the same percentage increase as received by their assigned benchmark positions, but if the increase would cause the benchmark position total compensation to exceed the stated goal, then only that percentage needed to reach the goal for the benchmark position will be applied to all related classifications. Page 8 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 2.1.5. 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. 2.1.6. Pay Check Dates. City employees are paid twice per month on the 15th and the last working day of the month. When a holiday falls on a pay day, 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 Director of Administrative Services. 2.2. Educational Incentive Program The Educational Incentive for Fire Division Chief and Battalion Chief, represented by this Association is included in the base salary. 2.3. Uniform Allowance. Uniform members of the Fire Department, represented by this Association, shall receive a uniform allowance in the amount of $212.50 at the completion of each six months of service ending June 30 and December 31. A pro -ration at the rate of $35.42 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. CHAPTER 3.0. PROBATIONARY PERIOD 3.1. 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. 3.2. Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. Page 9 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 3.3. Rejection During Probation During the probationary period an employee may be rejected at any time by the Fire Chief without the right of appeal. 3.4. 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. 3.5. Notification of Extension or Rejection On determining that a probationary employee's work is not satisfactory, the Fire Chief shall notify the Personnel Director in writing of his/her intention to extend the employee's probationary period or reject the employee. After discussion with the Personnel Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection. 3.6. 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. 3.7. 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. 3.8. 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. Page 10 of 30 San Rafael Fin: Chief Officers'Association July 1, 2002 through June 30, 2006 CHAPTER 4.0. SELECTION 4.1. Selection Process. The City's Personnel Department shall be responsible for the administration of all recruitments. 4.2. 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. 4.3. Chief Officer Qualifications. In addition to other qualifications described in the Fire Department's Career Development Guide, candidates for Chief Officer positions, represented by this Association, in the Fire Department include three (3) years of line captain experience or two (2) years of line captain experience if appointed to an acting assignment. CHAPTER 5.0. HEALTH AND WELFARE 5.1. Health, and Disability Insurance A. The City shall contribute up to $385 per month towards the premium costs of each eligible employee's group Health and Disability plans. Employees in this bargaining unit who retire from the Marin County Retirement System within 120 days of leaving their City of San Rafael position (no deferred retirement) are eligible to continue in the City's group health insurance program and receive a City contribution toward their group health insurance premium of up to $385 per month. Effective the first paycheck in December 2002 City contribution increased to $402 per month. Effective the first paycheck in December 2003 City contribution increased to $424 per month. Effective the first paycheck in December 2004 City contribution increased to $449 per month. Effective the first paycheck in December 2005 City contribution increased to $476 per month. B. Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System Page 11 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 5.2. Life Insurance The City will pay the full premium cost for the employees', represented by this bargaining unit, enrollment in the group term insurance plans, the basic plan provides $5,000 worth of group term life insurance and the supplemental plan provides a group term life insurance policy equal to one times the employees' base annual salary. 5.3. Dental Plan A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year; and orthodontic care (50/50 cost sharing and limited to eligible dependent children). B. The dental plan shall provide for an 80/20 cost sharing for casts, crowns and restorations. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. D. The maximum benefit for one dental expense period (calendar year) is $1,500 for each enrolled member, except for Orthodontic treatment which has an aggregate maximum benefit of $1,000 and is limited to eligible dependent children. The covered dental expense shall be the Reasonable and Customary Charge for this types of dental services shown in A and B above. 5.4. Joint Benefits Committee Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of benefit programs, cost containment, and cost savings options. The committee shall include representatives from all bargaining groups. Page 12 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 5.5. Retirement 5.5.1. City Paid Employee Retirement The City will contribute to the Marin County Retirement System up to a maximum of five percent (5%) of the employee's retirement contribution rate (percentage) or fifty percent (50%) of the employee's retirement contribution rate (percentage), whichever is less. Beginning the second full pay period following adoption by the City Council of this M.O.U., the City will pay the full share of the employee's contribution, not to exceed three percent (3%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than three percent (3%) of salary, then only the full share shall be paid. On July 1, 2003, the City will pay the full share of the employee's contribution, not to exceed one and one-half percent (1.5%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than one and one- half percent (1.5%) of salary, then only the full share shall be paid. On July 1, 2004, 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 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 5.7.2. of this M.O.U.). 5.5.2. Retirement Plans On July 1, 2004, 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. 5.5.3. Member Cost of Living Rates Effective July 1, 2003, bargaining unit members who are eligible to participate in the Marin County Employee Retirement Association will pay there full share of members cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Page 13 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 Safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 5.6. Vacation 5.6.1. 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. 5.6.2. 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. Employees who leave their City position shall be paid in a lump sum for all accrued, unused vacation leave earned prior to the effective date of leaving their City position. 5.6.3. Vacation Cap Policy This policy becomes effective January 1, 1998. With the effective date of this policy, employees represented by the San Rafael Fire Chief Officers' Association: • Would continue to accrue vacation leave at the rate prescribed for the number of years they have worked for the City (as identified in the MOU). During each calendar year the policy is in effect, employees would be limited (cap) in the number of vacation hours they can carry over from one year to the next (the cap limit would first apply to carrying over hours into the following calendar year). • The carry over limit (cap) shall be 225.0 hours for all members of this bargaining group. Page 14 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 Employees who are already above the maximum accrued balance (cap), based on their accrual rate as of their accrued balance reflected on their pay check stub received on the 12/31/97 pay date, would not lose those accrued hours. Employees who are above the maximum accrued balance (cap), as of the effective date of the policy (January 1, 1998) would continue to accrue vacation; but they would have to use those vacation hours accrued during the 1998 calendar year during that same calendar year (these employees would be prohibited from carrying over any additional hours as long as they were at or above the carry over cap). Employees may, for special situations, i.e., extended medical leave, request an increase in their carry over cap. Each request would need to be in writing, submitted through the department, and 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. This additional carry over amount could not exceed one-half of the employee's regular annual vacation accrual. In no case would the additional carry over hours be extended beyond one additional year. 5.6.4. Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: YEARS OF SERVICE 1-5 Years 6 Years 7 Years 8 Years 9 Years 10 Years 11 Years 12 Years 13 Years 14 Years 15 + Years LEAVE ACCRUAL RATE/YEARLY Page 15 of 30 15 days 16 days 17 days 18 days 19 days 20 days 21 days 22 days 23 days 24 days 25 days San Rafael Fire Chief OfFcers'Association July 1, 2002 through June 30, 2006 5.7. Sick Leave 5.7.1. 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. 5.7.2. 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 under 5.7. is defined as employee's spouse, dependent children and/or employee's parents, not in-laws) 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 work day if said employee will be absence 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 Personnel Director, a physician's certificate or the employee's personal affidavit stating the cause of the illness or disability, if so requested. 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. 5.7.3. Sick Leave Accrual 1. 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. 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. 2. Accrual of sick leave for usage purposes is unlimited. The maximum of 1200 hours accrual continues to apply for cash -in purposes. 3. Fire Mid -Management employees may use sick leave prior to completion of probation. In recognition of exempt status from FLSA, time off for sick leave Page 16 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 purposes shall not be deducted from the employee's accrual unless the time is 7.5 or more consecutive work hours. 5.8. Administrative Leave Employees represented by this Association shall receive seven (7) Administrative Leave days each calendar year subject to the approval of the department head and the City Manger. An additional three (3) days may be granted at the discretion and with the approval of the department head and the City Manager. 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 work day. 5.9. Holidays 5.9.1. 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 Labor Day Admission Day** Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas *Note: For employees working 37 1/2 hour work week, Washington's and Lincoln's birthdays are combined as President's Day and with that said employees receive one floating holiday and a second floating holiday is provided in lieu of Admission's Day off. These hours for these floating holidays are automatically added to an employee's vacation accrual on a semi-annual basis. Page 17 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 5.9.2. Holiday Pay Employees represented by this Association who have suppression supervision responsibilities (Fire Division Chiefs) shall receive holiday pay (straight time pay) for every holiday worked or for every holiday which falls on a regularly scheduled day off in each given year which all other employees receive as time off. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. 5.10. Other Leaves 5.10.1. Military Leave Military leave as defined in State law shall be granted to any regular employee. All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.10.2. Workers Compensation Leave Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non safety employees shall be governed by applicable state law and City Rules and Regulations. Refer to 5.7.2. for qualifications regarding use of accrued sick leave. 5.10.3. 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. 5.10.4. Family Medical Leave Such leave shall be in accordance with applicable State and Federal law. 5.10.5. Bereavement Leave In the event of the death of an employee's spouse, child, parent, brother, sister, in-law(s), relative who lives or has lived in the hone 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 within the state and up to five (5) days out of state bereavement leave may be granted to attend the funeral. Page 18 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 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. 5.10.6. Leave of Absence Without Pay Leave of absences without pay (for non medical reasons which are covered by 5.10.4.) may be granted in cases of emergency or where such absence would not be contrary to the best interests 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. 5.10.7. Absent Without Authorized Leave An unauthorized absence of an employee for three consecutive work days shall constitute an automatic resignation from City service. CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT 6.1. Staffing Levels Any changes in the current staffing levels of positions represented by this Association will be subject to meet and confer. 6.2. Work Week The established work week for the Fire Division Chiefs shall include on duty assignment for the assigned platoon and a seven and one-half hour Administrative work day between the platoon shift day if it is a non -holiday week day (Monday through Friday). At the time of a change in circumstances or promotion, the Fire Chief has the discretion, with reasonable notice, to change the work scheduled for the Fire Division Chiefs from this scheduled to a 56 hour work week. The established work week for the Battalion Chief - Training and Battalion Chief - Prevention shall be 37.5 work hours per week, Monday through Friday (8:30 a.m. to 5:00 p.m.). Page 19 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 6.3. Demotion The Fire Chief may demote an employee when the following occurs: A. The employee fails to perform his/her required duties. B. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an employee at least ten (10) calendar days before the effective date of the demotion, and a copy filed with the Personnel Department. Demotion pursuant to Section 6.3.A. shall be deemed disciplinary action and as such shall be handled according to the provisions of the Chapter titled "Disciplinary Action" of this Memorandum of Understanding. 6.4. 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 Personnel Director, and shall be taken in accordance with the Chapter titled Disciplinary Action of this Memorandum of Understanding and provisions for exempt status employees. 6.5. Career Development Program The San Rafael Fire Chief Officers' Association agrees to the Career Development Guidelines as written. 6.6. No Smoking An applicant for a non -promotional safety position in the Fire Department shall be disqualified from employment if he/she has smoked tobacco within one (1) year preceding the date of filing an application for such employment and through the probationary period of one year. 6.7. Furlough Plan The employees of this Association endorse the Furlough Program described in Exhibit "B" attached to this Memorandum of Understanding. Page 20 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 6.8. Termination of Employment 6.8.1. Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Fire Chief and the Personnel Department. 6.8.2. Termination/Demotion - Lack of Work or Funds The Fire Chief may terminate an employee because of reorganization, abolition of position, and shortage of funds. Said termination shall be considered a Reduction In Force and shall be processed in accordance with Chapter 10 Reduction in Force of this Memorandum of Understanding. 6.8.3. Termination - Disciplinary Reasons An employee may be terminated for disciplinary reasons, as provided in Chapter Eight (8) Disciplinary Action of this Memorandum of Understanding. 6.8.4. Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Chapter Three (3) probationary period of this Memorandum of Understanding. 6.8.5. Retirement Retirement from the City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. CHAPTER 7.0. DISCIPLINARY ACTION 7.1. 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. 7.2. 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 Page 21 of 30 San Rafael Fire Chief OfBcers'Association July 1, 2002 through June 30, 2006 consistent with the provisions of the Fair Labor Standards Act as it relates to exempt employees. 7.3. Causes of Disciplinary Action The City may discipline or discharge an employee for the following: A. Fraud in securing appointment. B. Negligence of duty. C. Violation of safety rules. D. Unacceptable attendance record including tardiness, overstaying lunch or break periods. E. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours. F. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. G. Unauthorized soliciting on City property or time. H. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. I. Unacceptable behavior toward (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. J. Falsifying employment application materials, time reports, records, or payroll documents or other City records. K. Disobedience to proper authority. L. Misuse of City property. M. Violation of any of the provisions of these working rules and regulations or departmental rules and regulations. N. Disorderly conduct, participation in fights, horseplay or brawls. O. Dishonesty or theft. P. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. Q. Failure to perform to an acceptable level of work quality and quantity. R. Insubordination. S. Other acts inimicable to the public service. T. Inability or refusal to provide medical statement on cause of illness or disability. 7.4. Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure Page 22 of 30 San Rafael Fire Chief Otficers'Association July 1, 2002 through June 30, 2006 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. 7.5. City Manager and Arbitration The appellant may submit the appeal directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the appellant 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 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 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 rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before him/her shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. CHAPTER 8.0. GRIEVANCE PROCEDURE 8.1. Definition A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding 1.3 and 11.2 of this M.O.U.), or any Fire Department policy specifically referenced herein. Policy 14I- 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. 8.2. Initial Discussions 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. 8.3. 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. Page 23 of 30 San Rafael Fire Chief Officers' Association July 1, 2002 through June 30, 2006 No grievance may be processed under subsection 8.4 below which has not been first heard and investigated in pursuance of subsection 8.2. 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. 8.4. City Manager and Arbitration If the grievance is not resolved in the previous step (8.3) 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 extend 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. CHAPTER 9.0. REDUCTION IN FORCE 9.1. Authority The Fire Chief may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organization efficiency. 9.2. 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. 9.3. 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 Page 24 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 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. 9.4. Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: A. Seniority within the affected classifications will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro -rata basis to full-time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. B. If the seniority of two or more employees in the affected classification or higher classification(s) is equal, departmental seniority shall be determinative. C. If all of the above factors are equal, the date of regular status in City service is achieved shall be determinative. D. If all of the above are equal, date of certification for appointment shall be determinative. 9.& Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee who is bumped, shall be laid off in the same manner as a employee whose position is abolished. 9.6. Transfer Rights The Personnel Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 10.2, but no longer than the effective date of such layoff or reduction. 9.7. Re -Employment 9.7.1. 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 Page 25 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 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. 9.7.2. 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. 9.7.3. Time Limits Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 9.7.4. 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. 9.7.5. 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. 9.7.6. Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. CHAPTER 10.0. MISCELLANEOUS 10.1. Medical Standards The City will establish pre-employment medical standards for all classifications represented by the San Rafael Fire Chief Officers' Association. Page 26 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 10.2. Drug and Alcohol Policy The City and the Association both endorse the concept of a drug and alcohol free work place as stated in the City's Administrative Procedure No. 3 adopted by the City Manager on April 23, 1991. The City and Association jointly recognize alcoholism and drug abuse as illnesses which may be treatable. The parties are concerned regarding alcoholism and drug problems which cause poor attendance and unsatisfactory employment related performance and/or which may pose a danger to employees or the public. Therefore, the City and Association endorse the concept of a drug free work place. Possession and/or sale of illegal drugs, use of illegal drugs or misuse of prescribed drugs or alcohol, or being under the influence of drugs or alcohol while on the job is strictly prohibited. Employees violating this policy are subject to discipline, up to and including termination. When reasonable cause (relates to readiness and/or ability to perform job responsibilities) exists, the City may require employees to submit to a medical examination, including but not limited to a urine or blood analysis, to determine whether the employee is using drugs or alcohol. Said testing shall occur on City time and be paid for by the City. An employee's failure to submit to a medical examination will be considered an act of insubordination, and therefore, subject to disciplinary action. Depending on the circumstances causing the order for medical examination, employees testing positive may be subject to discipline, up to and including termination. Upon being informed that the employee tested positive, the employee may request a meeting with the Human Resources Manager and the Fire Chief to review the test results and provide the employee's explanation for such results. Employees are encouraged to voluntarily participate in the City sponsored employee assistance program (EAP). However, EAP participation may be a City - mandated alternative to disciplinary action arising out of a violation of the City's drug and alcohol policy. As a course of participating in the EAP on a mandated basis, an employee may be required to enter into a "return to work agreement," with the City. Said agreement shall stipulate ongoing freedom from drug and/or alcohol use as a condition of continued employment. Employees who seek voluntary assistance for alcohol and/or substance will not be disciplined for seeking such assistance. Requests from employees to the Fire Chief for such assistance shall remain confidential and shall not be revealed to Page 27 of 30 San Rafael Fire Chief Officers'Association July 1, 2002 through June 30, 2006 other employees or management personnel, who do not have a need to know, without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Employer rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. An employee who is disciplined/discharged for inappropriate alcohol and/or drug use may appeal such action pursuant to Chapter 7.0 of the Memorandum of Understanding. 10.3. Outside Employment No regular employee shall engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimitable to his/her duties with the City. It is the intent of this provision to exercise the authority granted by Section 1126 of the Government Code, subject to the limitations provided therein. 10,4. 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. 10.5. Political Activity The political activity of employees shall comply with pertinent provisions of State and Federal law. CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 11.1. Inspection of Memorandum of Understanding Both the City and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 11.2. Existing Laws, Regulations and Policies This Memorandum is subject to all applicable laws. 11.3. Strikes and Lockouts During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage, or approve any strike or slow down growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement. Page 28 of 30 San Rafael Fin: Chief Officers'Association July 1, 2002 through June 30, 2006 11.4 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 effective throughout the term of this Agreement. 11.5. Full Understanding, Modification, Waiver 11.5.1. Joint Representation The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 11.5.2. Modification/Waiver Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this Agreement with respect to any subject matter within the scope of meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 2002. 11.5.3. Effective Dates This Agreement will be in effect from July 1, 1999 through June 30, 2002. 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. 11.6. Severability If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. Page 29 of 30 San Rafael Fire Chief Officers'Asso -in July 1, 2002 through June 30, 2006 SAN RAFAEL FIRE CHIEF OMPERS' ASSOCIATION Brian Water'buFire Division Chief -7 02 - Date CITY OF SAN RAFAEL Daryl G. Chandler, Assistant Direc or - Management Services Manager Page 30 of 30 Nordhoff, Ass MEMORANDUM OF UNDERSTANDING CITY OF SAN RAFAEL SAN RAFAEL FIRE CHIEF OFFICER'S ASSOCIATION List of Exhibits Exhibit Al Salary Schedule 07/01/02 Exhibit A2 Salary Schedule Second full pay period after adoption Exhibit B Salary Schedule 07/01/03 Exhibit C Salary Schedule 07/01/04 Exhibit D Salary Schedule 07/01/05 Exhibit E Benchmark and Internal Relationships Exhibit F Furlough Plan N CD CD T co CD CD 0 O 00 00 CL 00 00 m (� N Lf) U) Q fia 6F! 64 M O O N O N () O Ittt CL O co 00 d 69 N N N fA 69 ffq O T O LC) O L() 00 M 00 00 d r °0 00 CU 6f3 ffl 603 O Cl- m O cD O T CA CA Q 00 I.- r - Q. 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EA 64 M T � co W CL T q T Cli d 0 ,w A 60. W. 69. 00 r- Q M O O O O O U) 6F} EF} 64 Iq V 2+ O Q n C7 'r CD L c x U N LL d d � 7 d C m L g L U L U 0 0 > m w � .� m cu m fA W fA LL m m City of San Rafael San Rafael Fire Chief Officers' Association M.O.U. July 1, 2002 through June 30, 2006 Exhibit "E" Benchmark and Internal Relationships Chapter 2. Compensation Per the provisions in the M.O.U., in measuring the achievement of the compensation goals established by the City Council, the survey job class shall be Fire Captain. The internal relation, when measuring total compensation shall be as follows: Job Class Title Internal Relationship* Fire Division Chief Battalion Chief + 10% Fire Battalion Chief Benchmark + 19% Fire Captain Benchmark *Note: Survey measures total compensation (top step to top step). See M.O.U. Sections 2.1.1. — Goal and Compensation Definitions and 2.1.2. — Compensation Surveys San Rafael Fire Chief Officers' Association Exhibit "F" Furlough Program Both the City of San Rafael and 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 City's Fire Chief Officers' 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 during the month of March (XXXX) 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. 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 its policy on this, the City will, effective the first of the month following notice from 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 XXXXXXXX of their retirement date and retires from the Marin County Retirement System during XXXX shall be exempted from the MTO requirements. If said employee did not retire during FY XXXXX as stated, such 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. Other Terms and Conditions: 1. The MTO program shall be limited to a maximum of five percent (5%) reduction in work hours/pay for the fiscal year. For each MTO hour deducted, the involved employee shall be credited with one half hour added to a furlough induced Personal Leave balance. 2. Personal Leave accrued through the MTO Program may be taken beginning XXXXX, 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. 3. 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. 4. 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. 5. 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. ROUTING SLIP FvR APPROVAL OF CONTRACTIAG.,EEMENTS ORDINANCES /RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT AGREEMENT ORDINANCE RESOLUTION BEFORE APPROVAL BY COUNCIL AGENCY SR SRCC AGENDA ITEM NO. From Date: Originating Department: TITLE OF DOCUMENT: it of M eting (Lower half of form for approvals only) REVIEWED BY CITY MANAGER/EXECUTIVE DIRE � � TO: 'Es APPROVED AS TO FORM: APPROVED AS COUNCIL/AGENCY AGENDA ITEM ) City Attorney (Signature) ' NOT APPROVED Remarks: Finance Director Attached is one copy of document. Please review for financial impact. White City Clerk's Office, with original document Green City Manager's Office Canary Originating Department Pink Finance Director Goldenrod Preliminary file copy, originating department