HomeMy WebLinkAboutCC Resolution 12220 (MOU Fire Chief Officers Association)RESOLUTION NO. 12220
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING RESOLUTION NO. 11191 PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS'
ASSOCIATION
(2 year agreement from July 1, 2006 through June 30, 2008).
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 March 14, 2007, 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, 2006, 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 Mondav, the 19th day of March, 2007 by the following vote, to wit:
AYES: COUNCILMEMBERS
NOES: COUNCMMEMBERS:
ABSENT: COUNCILMEMBERS:
Miller, Phillips and Mayor Boro
None
Cohen and Heller
JEWNE M. LEONCINI; CITY CLERK
Memorandum of Understanding
between
San Rafael Fire Chief Officers'
Association
and
City of San Rafael
July 1, 2006 through June 30, 2008
Table of Contents
CHAPTER 1.0. GENERAL PROVISIONS
1
1.1. INTRODUCTION
1
1.1.1. Scope of Agreement.
1
1.1.2. Term.
1
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. GENERAL WAGES AND REVENUE SHARING
5
2.1.1. Fiscal Year 06/07 General Wage Increase
5
2.1.2 Fiscal Year 07/08 General Wage Increase
5
2.1.3 Compensation Goal and Compensation Definitions
5
2.1.4 Compensation Surveys
6
2.1.5 Conditions for Revenue Sharing
6
2.1.6 Revenue Definitions & Revenu Sharing Calculations
7
2.1.7 Schedule
7
2.1.8. Salary Step Increase.
8
2.1.9. Pay Check Dates.
8
2.2. EDUCATIONAL INCENTIVE PROGRAM
8
2.3. UNIFORM ALLOWANCE
8
2.4. BOOT ALLOWANCE
9
CHAPTER 3.0. PROBATIONARYPERIOD
9
3.1. PURPOSE OF PROBATION
9
3.2. LENGTH OF PROBATIONARY PERIOD
9
3.3. REJECTION DURING PROBATION
9
3.4. EXTENSION OF PROBATIONARY PERIOD
9
3.5. NOTIFICATION OF EXTENSION OR REJECTION
9
3.6. REGULAR STATUS
9
3.7. PROMOTION OF PROBATIONARY EMPLOYEE
10
3.8. UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION
10
Table of Contents
CHAPTER 4.0. SELECTION
4.1. SELECTION PROCESS
4.2. REFERRAL PROCESS
4.3. CHIEF OFFICER QUALIFICATIONS
CHAPTER S. 0. HEALTHAND WELFARE
5.1. HEALTH AND DISABILITY INSURANCE
5.2. LIFE INSURANCE
5.3. DENTAL PLAN
5.4. JOINT BENEFITS COMMITTEE
5.5. RETIREMENT
5.5.1. City Paid Employee Retirement
5.5.2. Retirement Plans
5.5.3. Member Cost of Living Rates
5.6. VACATION
5.6.1. Policy Statement
5.6.2. Administration of Vacation Leave
5.6.3. Rate of Accrual
5.6.4. Vacation Accrual Cap
5.6.5. Vacation Conversion
5.6.6. Vacation Pay Off
5.6.7. One Time Vacation Buy Down w.
5.7. SICK LEAVE
5.7.1. Policy Statement
5.7.2. Administration of Sick Leave
5.7.3 Sick Leave Accural
5.7.4. Sick Leave Payoff
5.7.5. Sick Leave Service Credit Option_
5.8. ADMINISTRATIVE LEAVE
5.9. HOLIDAYS
5.9.1. Days Observed
5.9.2. Holiday Pay
5.10. OTHER LEAVES
5.10.1. Military Leave
5.10.2. Workers Compensation Leave
5.10.3. Jury Duty
5.10.4. Family Medical Leave
5.10.5. Bereavement Leave
5.10.6. Leave of Absence Without Pay
5.10.7. Absent Without Authorized Leave
5.10.8. Catastrophic Leave
CHAPTER 6.0. TERMS & CONDITIONS OF EMPLOYMENT
6.1. STAFFING LEVELS
10
10
10
10
10
10
11
11
11
12
11
12
12
12
12
12
13
14
15
15
15
16
16
16
16
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18
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20
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Table of Contents
6.2. WORKWEEK
. 20
6.3. DEMOTION
.21
6.4. SUSPENSION
.21
6.5. CAREER DEVELOPMENT PROGRAM
.21
6.6. NO SMOKING
.21
6.7. FURLOUGH PLAN
.21
6.8. TERMINATION OF EMPLOYMENT
22
6.8.1. Resignation
22
6.8.2. Termination/Demotion - Lack of Work or Funds
22
6.8.3. Termination - Disciplinary Reasons
22
6.8.4. Termination - Probation
22
6.8.5. Retirement
22
CHAPTER 7.0. DISCIPLINARYACTION
.22
7.1. AUTHORITY
22
7.2. DEFINITION
22
7.3. CAUSES OF DISCIPLINARY ACTION
23
7.4. APPEALS
23
7.5. CITY MANAGER AND ARBITRATION
24
CHAPTER 8.0. GRIEVANCE PROCEDURE
24
8.1. DEFINITION
24
8.2. INITIAL DISCUSSIONS
24
8.3. REFERRAL TO CITY MANAGER
24
8.4. CITY MANAGER AND ARBITRATION
25
CHAPTER 9.0. RED UCTION IN FORCE
.25
9.1. AUTHORITY
25
9.2. NOTICE
25
9.3. ORDER OF LAYOFF
25
9.4. SENIORITY
26
9.5. BUMPING RIGHTS
26
9.6. TRANSFER RIGHTS
26
9.7. RE-EMPLOYMENT
26
9.7.1. General Guidelines
.26
9.7.2. Right to Re-employment
26
9.7.3. Time Limits
.27
9.7.4. Availability
.27
9.7.5. Probationary Status
27
9.7.6. Restoration of Benefits
.27
Table of Contents
CHAPTER 10.0. MISCELLANEOUS
.27
10.1.
MEDICAL STANDARDS
27
10.2.
DRUG AND ALCOHOL POLICY
27
10.3.
OUTSIDE EMPLOYMENT
28
10.4.
RETURN OF CITY EQUIPMENT
29
10.5.
POLITICAL ACTIVITY
29
10.6.
OVERTIME
29
CHAPTER 11.0. MEMORANDUM OF UNDERSTANDING LANGUAGE
29
11.1.
INSPECTION OF MEMORANDUM OF UNDERSTANDING
29
11.2.
EXISTING LAWS, REGULATIONS AND POLICIES
29
11.3.
STRIKES AND LOCKOUTS
29
11.4
PREVAILING RIGHTS
29
11.5.
FULL UNDERSTANDING, MODIFICATION, WAIVER
30
11.5.1.
Joint Representation
.30
11.5.2.
Modification/Waiver
30
11.5.3.
Effective Dates
30
11.6.
SEVERABILITY
30
iv
San Rafael Fire Chief Officers', ociation
July 1, 2006 through June 30, 2008
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, 2006 and ending
June 30, 2008. 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 as follows:
a. Administrative Chief/Fire Division Chief
b. 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.
This agreement shall be in effect from July 1, 2006 through June 30, 2008.
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San Rafael Fire Chief Otficers'Association
July 1, 2006 through June 30, 2008
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. Administrative Chief/Fire Division Chief
b. Battalion Chief
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. 12189 adopted by the
City Council on February 5, 2007.
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 sociation
July 1, 2006 through June 30, 2008
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:
To manage the City generally and to determine the issues of policy.
Page 3 of 30
San Rafael Fire Chief Officers'Association
July >, 2006 through June 30, 2008
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.
Page 4 of 30
San Rafael Fire Chief OfFcers' A-sociation
July 1, 2006 through June 30, 2008
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.
CHAPTER 2.0. COMPENSATION
2.1. GENERAL WAGES AND REVENUE SHARING
2.1.1. Fiscal Year 06/07 General Wage Increase
Retroactive to July 1, 2006, the City shall grant a 3.0% salary increase for all
represented job classes (See Exhibit "A").
2.1.2 Fiscal Year 07/08 General Wage Increase
Effective the beginning of the payroll period July 1-15, 2007, represented in the
July 31, 2007 paycheck date, the City shall grant a 3.2% salary increase for all
represented job classes (See Exhibit "B").
2.1.3 Compensation Goal and Compensation 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 (except for such portion that
may be part of employee cafeteria plan), employer's contribution towards
employees' share of retirement, employer's retirement contribution, employer paid
contributions toward insurance premiums for health, life, long term disability,
dental and vision plans, and employer paid cafeteria/flexible spending accounts.
Page 5 of 30
San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
2.1.4 Compensation Surveys
To measure progress towards the above -stated goal, the City and the Association
will jointly survey the benchmark position of Battalion Chief in September of each
year of the contract. The Internal Relationship between Battalion Chief and
Administrative Chief/Fire Division Chief shall be 10%. However, if General Tax
Revenues as defined in Section 2.1.7 have not increased over the prior fiscal year,
then the City and Association will not complete the compensation survey unless it
is the final year of this Agreement.
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', 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
in this chapter. The City and the Association shall review the benchmark and related
survey data for accuracy and completeness.
2.1.5 Conditions for Revenue Sharing
Employees in the bargaining unit positions defined in this MOU shall receive Revenue
Sharing Increases, in accordance with the schedule in Section 2.1.8, in addition to the
base salary increases, if the following conditions are met:
a. If the total compensation goal, as outlined in Section 2.1.4 has not been
reached, and,
b. If growth in General Tax Revenues, as defined in Section 2.1.7, have resulted in
revenues being available for distribution, and,
c. The "net change in General Fund Balance", as presented in the previous year's
City annual audit, is positive.
If the above three conditions are met, then a Revenue Sharing salary increase shall
be paid prospectively, in accordance with the schedule in Section 2.1.8 and
calculation in Section 2.1.7.
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.
Page 6 of 30
San Rafael Fire Chief Officers . ssociation
July 1, 2006 through June 30, 2008
2.1.6 Revenue Definitions and Revenue Sharing Calculation
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.
The City will complete the calculation of the General Tax Revenues in accordance
with the schedule in Section 2.1.8. If General Tax Revenues have not increased
over the prior fiscal year, then the City and Association will not complete the
compensation survey as outlined in Section 2.1.5, unless it is the final year of this
Agreement.
If total compensation of the top step benchmark positions has not reached the
stated goal, then bargaining unit employees shall be entitled to a revenue sharing
increase, subject to the conditions set forth in Section 2.1.6. However, 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.
a. Fiscal Year 06/07 Revenue Sharing Increase. If General Tax Revenues
of the City for fiscal year 2005-2006 exceed General Tax Revenues of the
City for fiscal year 2004-2005 as adjusted by 75% of the total compensation
increases provided for fiscal year 2005-2006, then the members of the
bargaining unit shall be entitled to apply 1% of one-half (1/2) of the excess
of fiscal year 2005-2006 General Tax Revenues over fiscal year 2004-2005
General Tax Revenues adjusted for 75% of the total compensation
increases provided to members in fiscal year 2005-2006, for a salary
increase.
b. Fiscal Year 07/08 Revenue Sharing Increase. If General Tax Revenues
of the City for fiscal year 2006-2007 exceed General Tax Revenues of the
City for fiscal year 2005-2006 as adjusted by 75% of the total compensation
increases provided for fiscal year 2006-2007, then the members of the
bargaining unit shall be entitled to apply 1% of one-half (1/2) of the excess
of fiscal year 2006-2007 General Tax Revenues over fiscal year 2005-2006
General Tax Revenues adjusted for 75% of the total compensation
increases provided to members in fiscal year 2006-2007, for a salary
increase.
2.1.7 Schedule
a. September 7th- General Tax Revenues. The City shall make known to the
Association if General Tax Revenues have grown from the prior fiscal year on
September 7th of each year of this contract. If no growth in General Tax
Page 7 of 30
San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
Revenues has taken place, there shall be no Revenue Sharing for that fiscal
year of the contract.
b. November 1St - Net Change in General Fund Balance. By November 1st of
each year, the City shall make known to the Association whether there is a
positive change in the General Fund Balance. If there is not, then no Revenue
Sharing shall take place for that fiscal year
c. January 1St — Base Monthly Pay Increases. The January 1St pay period shall
be the start date (for paycheck date of January 31s) for each Revenue Sharing
Salary increase.
2.1.8. 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.
Employees shall be evaluated annually based on the evaluation program adopted
by the City Council in October of 1996 and incorporated by reference herein.
2.1.9. 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.
2.2. EDUCATIONAL INCENTIVE PROGRAM
The Educational Incentive for all employees 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 $450.00 at the completion of each
six months of service ending June 30th and December 31St A pro -ration at the rate
of $75.00 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.
Page 8 of 30
San Rafael Fire Chief Officers'.,--sociation
July 1, 2006 through June 30, 2008
2.4. 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.
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.
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 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.
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.
Page 9 of 30
San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
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.
CHAPTER 4.0. SELECTION
4.1. SELECTION PROCESS
The City's Human Resources 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. BATTALION CHIEF QUALIFICATIONS
In addition to other qualifications described in the Fire Department's Career
Development Guide, qualifications for candidates for Chief Officers 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.
CHAPTER 5.0. HEALTH AND WELFARE
5.1. HEALTH AND DISABILITY INSURANCE
a. The City shall contribute up to $476 per month towards the premium costs
of each eligible employee's group Health and Disability plans. Effective the
first paycheck in April 2007, the City contribution will increase to $557 per
month.
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San Rafael Fire Chief Oficers'—sociation
July 1, 2006 through June 30, 2008
b. Members of the Chief Officers Association may choose to subscribe to a
long term disability (LTD) plan other than that offered by the City, with prior
authorization of the Human Resources Director, as long as there is no cost
to the City
c. 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 $557 per month.
5.2. 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
$5,000 worth of group term life insurance; 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
per person, with a $75 deductible limit per family; and orthodontic care
(50/50 cost sharing).
B. The dental plan shall provide for an 80/20 cost sharing for basic services
such as casts, crowns and restorations. Major services such as
bridgework and dentures are covered using a 50/50 cost sharing
formula.
C. The City will pay the entire premium cost for such a dental plan and
shall pay the entire cost for any premium rate increases occurring during
the term of this agreement.
D. The calendar year benefit for each eligible, enrolled member is $1,500
per calendar year. Orthodontic benefits remain unchanged, and are
limited to those dependents up to the age of 19 and subject to a $1,000
per person, per lifetime benefit.
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.
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San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
5.5. RETIREMENT
5.5.1. 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 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
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
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).
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.
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San Rafael Fire Chief Officers',—sociation
July 1, 2006 through June 30, 2008
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.
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.
5.6.3. 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
ACCRUAL PER
ACCRUAL PER
SERVICE
YEAR
PAY PERIOD
1 — 5 Years
15 days or
4.69 hours
112.5 hours
6 Years
I 16 days or
5.00 hours
120 hours
7 Years
I 17 days or
5.31 hours
127.5 hours
8 Years
18 days or
5.63 hours
135 hours
9 Years
19 days or
5.94 hours
142.5 hours I
10 Years
20 days or
6.25 hours
150 hours
11 Years
I 21 days or
6.56 hours
157.5 hours
12 Years
I 22 days or
6.88 hours
165 hours
13 Years
23 days or
7.19 hours
172.5 hours
14 Years
24 days or
7.5 hours
180 hours
15+ Years
, 25 days or
7.81 hours
187.5 hours
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San Rafael Fire Chief Oficers'Association
July 1, 2006 through June 30, 2008
For 56 hour per week employees
YEARS OF
ACCRUAL PER
ACCRUAL PER
SERVICE
YEAR
PAY PERIOD
1 — 5 Years
7.5 shifts or
7.5 hours
180 hours
6 Years
8 shifts or
8 hours
192 hours
7 Years
8.5 shifts or
8.5 hours
204 hours
8 Years
9 shifts or
9 hours
216 hours
9 Years
9.5 shifts or
9.5 hours
228 hours
10 Years
10.0 shifts or
10 hours
240 hours
11 Years
I 10.5 shifts or I
10.5 hours
2521
12 Years
11 shifts or
11 hours
264 hours
13 Years
11.5 shifts or
11.5 hours
276 hours
14 Years
12 shifts or
12 hours
288 hours
15+ Years
12.5 shifts or I
12.5 hours
300 hours
5.6.4. 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 250 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
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San Rafael Fire Chief Officers , ..,sociation
July 1, 2006 through June 30, 2008
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.
5.6.5. Vacation Conversion
An employee is eligible to request a conversion of vacation time to a cash
payment one time in any fiscal year in accordance with the following:
1. A 37.5 hour per week employee who has taken at least eight (8) days of
vacation in the preceding twelve (12) months and has accrued vacation
during that time may request up to ten (10) days of vacation conversion.
2. A 56 hour per week employee who has taken at least four (4) shifts of
vacation in the preceding twelve (12) months and has accrued vacation
during that time may request up to five (5) shifts of vacation conversion.
Such requests may be granted at the discretion of the City Manager.
5.6.6. 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.
5.6.7 One Time Vacation Buy -Down
As of December 31, 2006, the City will require a one time vacation buy -down for
those employees whose vacation accrual is above 225 hours for 37.5 hour a week
employees and 357 hours for 56 hour a week employees. This one time buy -
down will bring employees under the vacation cap as defined in Section 5.6.4
allowing for additional accrual time. This one time payment was made with the
second pay check in February 2007, unless the value of the cash -in was greater
than $10,000. If the value of the cash -in was greater than $10,000, the City shall
pay the vacation cash -in over a five year period, on the second paycheck in
February each year. The value of the payment each year will be calculated as
one-fifth of the vacation hours over 357 (for 56 hour week employees) or over 225
(for 37.5 hour employees) multiplied by the employee's current rate of pay in the
year of the payout. Employees who have a balance remaining for cash -in and
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San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
who retire or terminate employment with the City of San Rafael, or upon the
employee's death, will receive payment for the balance of the cash -in value as part
of the employee's final compensation. Cash -in payments will not affect the
employee's ability to participate in the Vacation Conversion per Section 5.6.5 for
2007 and subsequent years
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 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.
5.7.3 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.
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San Rafael Fire Chief Officers .,..sociation
July 1, 2006 through June 30, 2008
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.
5.7.4. 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.
5.7.5. Sick Leave Service Credit Option
Employees who are eligible to accrue sick leave and who retire from the City of
San Rafael on or after 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 5.7.4 — Sick
Leave Payoff).
5.8 ADMINISTRATIVE LEAVE
Represented employees working a 37.5 hour work week shall receive seven (7)
Administrative Leave days (52.5 hours) each calendar year (56 hour work week
represented employees shall receive 3.5 shifts [84 hours]) subject to the approval
of the department head and the City Manger. An additional three (3) days (22.5
hours) for 37.5 hour employees and 1.5 shifts (36 hours) for 56 hour employees
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 workday.
5.9. HOLIDAYS
5.9.1. Days Observed
Employees covered under this Memorandum of Understanding shall be entitled to
the following holidays:
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San Rafael Fire Chief Officers' Association
July 1, 2006 through June 30, 2008
New Year's Day
Martin Luther King Day
Washington's Birthday*
Lincoln's Birthday*
Cesar Chavez Day
Memorial Day
Independence Day
Notes:
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.
** 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.
5.9.2. Holiday Pay
All 56 hour a week shift employees represented by this Association are entitled to
additional straight time compensation for every holiday given in 5.9.1. above. Said
compensation shall be paid twice each year on the first pay period of December
and the first pay period of June. Holiday pay formula will be based on a 56 hour
work week (2,912 hour year for calculating the hourly rate for a twelve hour day).
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.
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San Rafael Fire Chief Officers . sociation
July 1, 2006 through June 30, 2008
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 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.
5.10.6. 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 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.
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San Rafael Fire Chief Officers'Association
July 1, 2006 through June 30, 2008
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.
5.10.8. Catastrophic Leave
Association members shall abide by City Policy No. 140.19
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 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.
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=0000=0000=0000
Should a set fall on December 24th and 25th in any one calendar year, the shifts
will revert to the Christmas Holiday schedule. (For example, December 22-C,
December 23-C, December 24-A, December 25-A would be converted to
December 22-C. December 23-A, December 24-C, December 25-A).
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
Chiefs approval.
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San Rafael Fire Chief Oficers',,,.sociation
July 1, 2006 through June 30, 2008
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 Human Resources 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 Human Resources
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 "C" attached to this Memorandum of Understanding.
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San Rafael Fire Chief Officers" Association
July 1, 2006 through June 30, 2008
6.8. TERMINATION OF EMPLOYMENT
6.8.1. 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.
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
Seven (7), 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, Probationary Period, of this Memorandum of Understanding.
6.8.5. 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.
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
consistent with the provisions of the Fair Labor Standards Act as it relates to
exempt employees.
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San Rafael Fire Chief Ofcers'r,ssociation
July 1, 2006 through June 30, 2008
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 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.
7.4. 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
established in this Memorandum of Understanding. Such appeal must be filed
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San Rafael Fire Chief Officers'Assuciation
July 1, 2006 through June 30, 2008
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 141-
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.
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
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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 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.
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
organizational 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
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.
Page 25 of 30
San Rafael Fire Chief Officers'Association
July 1, 2006 through June 30, 2008
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
shall be determinative.
d. If all of the above are equal, date of certification for appointment shall be
determinative.
9.5. 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.
9.6. 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 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
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
Page 26 of 30
San Rafael Fire Chief Ofrcers'...sociation
July 1, 2006 through June 30, 2008
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 shall 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.
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
Page 27 of 30
San Rafael Fire Chief O(ficers'Association
July 1, 2006 through June 30, 2008
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 shall 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 Director 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
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
Association members shall abide by City policy No. 140.07.
Page 28 of 30
San Rafael Fire Chief Officers'Association
July 1, 2006 through June 30, 2008
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.
10.6. 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.
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.
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
Page 29 of 30
San Rafael Fire Chief O(ficers'Association
July 1, 2006 through June 30, 2006
specifically superseded by the M.O.U., shall remain in full force and effect
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, 2006.
11.5.3. Effective Dates
This Agreement will be in effect from July 1, 2006 through June 30, 2008. 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 30 of 30
SAN RAFAEL FIRE CHIEF
OFFICERS' ASSOCIATION
X - 14,w(d
Keith Schoenthal, Administrative
Fire Chief
am' -Lydon, Battalion Chief
63 o2
CITY OF SAN RAFAEL
Ji hutz, Assistan� City Manager
Nancy Mackie, Economic
Development Director
21) IT10-7
Date Date
MEMORANDUM OF UNDERSTANDING
CITY OF SAN RAFAEL
SAN RAFAEL FIRE CHIEF OFFICER'S ASSOCIATION
List of Exhibits
Exhibit A Salary Schedule 07/01/06
Exhibit B Salary Schedule 07/01/07
Exhibit C Furlough Plan
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San Rafael Fire Chief Officers Association
Exhibit "C"
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 during the month of March, 20XX 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 XXXXXX of their retirement date and retires from the Marin County Retirement
System during FY XX -XX shall be exempted from the MTO requirements. If said employee did
Page 1 of 2
San Rafael Fire Chief Officers Association
Exhibit "C"
not retire during FY XX -XX 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 July 1,
1994, 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 2of2