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HomeMy WebLinkAboutCC Resolution 11269 (MOU Firefighters Association)r ' RESOLUTION NO. 11269 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO 10915 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL. (3 -year agreement from July 1, 2002 through June 30, 2005). WHEREAS, the City of San Rafael and the San Rafael Firefighters' Association, have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias-Brown Act; and WHEREAS, a Memorandum of Understanding dated July 1, 2002, and consisting of 42 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 Firefighters' Association, shall utilize the Memorandum of Understanding dated July 1, 2002, as the official document of reference respecting compensation and working conditions for Fire Department personnel represented by the Firefighters' Association; Section 2: The schedule describing classes of positions and salary ranges is attached as Exhibit A 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 3rd day of March 2003 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EFE4a ` . J NE M. LEONCINI, CITY CLERK N r" I-V ud m ': �— �� MEMORANDUM OF UNDERSTANDING between CITY OF SAN RAFAEL and SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 1775 July 1, 2002 - June 30, 2005 CHAPTER 1.0. GENERAL PROVISIONS....................................................................1 1.1. Recognition.......................................................................................................................1 1.1.1. Association Recognition.......................................................................................................1 1.1.2. City Recognition.....................................................................................................................2 1.2. Association Rights............................................................................................................ 2 1.2.1. Dues Deduction.....................................................................................................................2 1.2.2. Release Time.........................................................................................................................3 1.2.3. Association Access to Work Locations..............................................................................3 1.2.4. Association Office Space.....................................................................................................3 1.2.5. Conduct of Business.............................................................................................................3 1.2.6. Association Meetings............................................................................................................4 1.2.7. Association Orientation of New Employees.......................................................................4 1.3. Non-Discrimination......................................................................................................... 4 1.4. Management Rights......................................................................................................... 5 1.5. Advance Notice of Change.............................................................................................. 6 CHAPTER 2.0. COMPENSATION................................................................................ 6 2.1. Total Compensation......................................................................................................... 6 2.1.1. Goal and Compensation Definitions...................................................................................6 2.1.2. Compensation Surveys.........................................................................................................7 2.1.3. Salary Increases And Revenue Sharing Calculations.....................................................8 2.1.4. Fiscal Year 02/03 Increase: ................................................................................................. 8 2.1.5. Fiscal Year 03/04 Increase: ................................................................................................. 9 2.1.6. Fiscal Year 04/05 Increase: ................................................................................................. 9 2.2. Educational Incentive Program.................................................................................... 10 2.2.1 Thirty (30) College Units Fire Science..............................................................................10 2.2.2. AA Degree Fire Science.....................................................................................................10 2.2.3. EMT I.....................................................................................................................................10 2.2.4. E.M.D....................................................................................................................................11 2.2.5. E.M.D. Program Recruitment.............................................................................................11 2.2.6. Other Job Related Courses................................................................................................ 11 2.3. Out of Class Compensation........................................................................................... 11 2.3.1. Fire Engineers......................................................................................................................11 2.3.2. Fire Fighters.........................................................................................................................11 2.3.3. Fire Captain..........................................................................................................................12 2.4. Specialty Compensation................................................................................................ 12 2.4.1. Paramedic Certification.......................................................................................................12 2.4.2. Paramedic Liaison...............................................................................................................13 2.4.3. EMT 1 Ambulance Drivers.................................................................................................13 2.4.4. Third Paramedic Unit..........................................................................................................13 2.5. Other Compensation..................................................................................................... 14 2.5.1. Uniform Allowance...............................................................................................................14 2.5.2. Call-Back...............................................................................................................................14 r 5.7.1. Accrual..................................................................................................................................24 5.7.2. Sick Leave Usage................................................................................................................24 5.7.3. Sick Leave Payoff................................................................................................................25 5.7.4. Sick Leave Service Credit Option.....................................................................................25 5.8. Leave Conversion to Hour for Hour............................................................................ 25 5.8.1. Accrued Balance Conversion............................................................................................25 5.8.2. Sick and Vacation Leave Usage.......................................................................................25 5.8.3. Hourly Rate for Leave Payoff.............................................................................................26 5.9. Holidays.......................................................................................................................... 26 5.9.1. Days Observed....................................................................................................................26 5.9.2. Holiday Pay..........................................................................................................................26 5.9.3. Holiday Routine....................................................................................................................27 5.10. Other Leaves............................................................................................................... 27 5.10.1. Family Medical Leave/California Family Rights Act...................................................27 5.10.2. Military Leave...................................................................................................................27 5.10.3. Workers Compensation Leave......................................................................................27 5.10.4. Jury Duty...........................................................................................................................27 5.10.5. Court Appearance............................................................................................................27 CHAPTER6.0. HOURS ................................................................................................ 28 6.1. Hours of Work............................................................................................................... 28 6.2. Work Schedule............................................................................................................... 28 6.3. FLSA Overtime.............................................................................................................. 29 6.4. Overtime......................................................................................................................... 29 CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT ............................... 29 7.1. Staffing Levels................................................................................................................ 29 7.2. Grooming Standards..................................................................................................... 29 7.3. Career Development Program...................................................................................... 29 7.3.1. Engineer Certification Policy..............................................................................................29 7.3.2. Responsibility for Implementation.....................................................................................29 7.3.3. Program Guidelines.............................................................................................................30 7.3.4. Order of Completion............................................................................................................30 7.3.5. Fire Prevention Certification Policy...................................................................................30 7.4. Station Transfers........................................................................................................... 30 7.5. No Smoking.................................................................................................................... 30 7.6. Residency........................................................................................................................30 7.7. EMT -D Certification..................................................................................................... 31 7.8. Demotion.........................................................................................................................31 7.9. Termination of Employment......................................................................................... 31 7.9.1. Resignation...........................................................................................................................31 7.9.2. Termination/Demotion - Lack of Work or Funds.............................................................31 7.9.3. Termination - Disciplinary Reasons..................................................................................32 7.9.4. Termination - Probation......................................................................................................32 7.9.5. Retirement............................................................................................................................32 7.10. Shift Trade Policy....................................................................................................... 32 CHAPTER 8.0. DISCIPLINAR Y A CTION.................................................................. 32 8.1. Authority ........................................................................................................................ 32 8.2. Definition........................................................................................................................ 32 8.3. Causes of Disciplinary Action....................................................................................... 32 8.4. Appeals............................................................................................................................33 8.5. City Manager and Arbitration..................................................................................... 34 CHAPTER 9.0. GRIEVANCE PROCEDURE............................................................. 34 9.1. Definition........................................................................................................................34 9.2. Initial Discussions.......................................................................................................... 34 9.3. Referral to City Manager.............................................................................................. 34 9.4. City Manager and Arbitration..................................................................................... 35 CHAPTER 10.0. RED UCTION IN FORCE................................................................ 35 10.1. Authority .....................................................................................................................35 10.2. Notice...........................................................................................................................35 10.3. Order of Layoff.......................................................................................................... 35 10.4. Seniority ......................................................................................................................36 10.5. Bumping Rights.......................................................................................................... 36 10.6. Transfer Rights.......................................................................................................... 36 10.7. Re-Employment..........................................................................................................36 10.7.1. General Guidelines..........................................................................................................36 10.7.2. Right to Re-employment.................................................................................................37 10.7.3. Time Limits.......................................................................................................................37 10.7.4. Availability.........................................................................................................................37 10.7.5. Probationary Status.........................................................................................................37 10.7.6. Restoration of Benefits....................................................................................................37 CHAPTER 11.0. MISCELLANEOUS.......................................................................... 37 11.1. Management and Miscellaneous Positions.............................................................. 37 11.2. Use of Fire Apparatus for Shopping........................................................................ 38 11.3. Physical Fitness Program.......................................................................................... 38 11.4. Medical Standards..................................................................................................... 38 11.5. Personnel Rules and Regulations.............................................................................. 38 11.6. Drug and Alcohol Policy............................................................................................ 38 11.7. Light Duty Policy....................................................................................................... 39 11.8. Association Meetings with the Fire Chief................................................................ 39 11.9. Safety Committee....................................................................................................... 39 11.9.1. Fire Department Committee...........................................................................................39 11.9.2. City -Wide Committee......................................................................................................40 11.10. Outside Employment................................................................................................. 40 CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE ............. 40 12.1. Inspection of Memorandum of Understanding....................................................... 40 12.2. Existing Laws, Regulations and Policies.................................................................. 40 12.3. Strikes and Lockouts................................................................................................. 40 12.4. Full Understanding, Modification, Waiver.............................................................. 40 12.4.1. Joint Representation.......................................................................................................40 12.4.2. Modification/Waiver.........................................................................................................40 12.4.3. Effective Dates.................................................................................................................41 12.5. Severability .................................................................................................................41 Memorandum of Understanding between City of San Rafael and San Rafael Firefighters' Association, I.A.F.F., Local 1775 The San Rafael Firefighters' Association, I.A.F.F., Local 1775, and representatives of the City of San Rafael have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit specified in Section 1, have exchanged freely information, opinions and proposals and have reached agreement on all matters relating to the employment conditions and the employer/employee relations of such employees. This Memorandum of Understanding is entered into pursuant to the Meyers- Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties. This Memorandum of Understanding shall be presented to the San Rafael City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 2002 and ending June 30, 2005. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Firefighters' Association, I.A.F.F., Local 1775, the employees it represents, and the City of San Rafael. As used throughout this Memorandum of Understanding, the pronoun designations "he" or "his" is intended to be applicable to both the male and female gender. CHAPTER 1.0. GENERAL PROVISIONS 1.1. Recognition 1.1.1. Association Recognition The San Rafael Firefighters' Association, I.A.F.F., Local 1775, hereinafter referred to as the "Association" is the recognized employee organization, as defined by Government Code Section 3501, (b), for all employees in classifications represented by the Association, said classifications being set forth in Exhibit A. Page 1.1.2. City Recognition The Municipal Employee Relations Officer of the City of San Rafael or any person or organization duly authorized by the Municipal Relations Officer, is the representative of the City of San Rafael, hereinafter referred to as the "City" in employer-employee relations, as provided in Resolution No. 4027 adopted by the City Council on April 5, 1971. 1.2. Association Rights 1.2.1. Dues Deduction Payroll deduction for membership dues shall be granted by the City to the Association. The following procedures shall be observed in the withholding of employee earnings: A. Payroll deductions shall be for a specified amount in uniform as between employee members of the Association and shall not include fines, fees and/or assessments. Dues deductions shall be made only upon the employees' written authorization. B. Authorization, cancellation or modifications of payroll deduction shall be made upon forms provided or approved by the City Manager or his/her designee. The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until canceled or modified by the employee by written notice to the City Manager or his/her designee. Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the classification to which such employees are assigned. C. Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified. D. The employees earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non -pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. Page 2 In the case of an employee who is in a non -pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other required deductions have priority over the employee organization deduction. E. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 1.2.2. Release Time The City shall allow a reasonable number of Association representatives who are official representatives of the Association be given time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. One hundred (100) hours per calendar year shall be provided for union release time, apart from MMB activity, with ten days advance notice and approval of the Fire Chief. Once approved, hours will be deducted from this total on an hour for hour basis per representative. Except by mutual agreement, the number of Association representatives excused for such purposes shall not exceed three (3) at any one time, per the approval process outlined above. 1.2.3. Association Access to Work Locations Reasonable access to employee work locations shall be granted to officers of the Association and officially designated representatives of the Association for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation, which are to be discussed with City representatives. Access may be restricted so as not to interfere with the normal operations of Department or with established safety or security requirements. 1.2.4. Association Office Space The Association shall be allowed office space on City property at a mutually agreed upon location, with telephone service maintained at the expense of the Association. 1.2.5. Conduct of Business Consultations between the City and the Association, for discussion of grievances and for negotiations between the City and Association representatives normally Page 3 will be conducted during regular working hours. Association representatives who are on duty will be allowed to participate in such meetings. Association officers are authorized reasonable time during on duty hours to process employee complaints or grievances, and to conduct negotiations with management at the local level. 1.2.6. Association Meetings The Association shall be able to use Fire Department facilities for meetings provided space and time are available. All meetings using Fire Department facilities must have prior approval of the Fire Chief or his/her designee. Employees and companies normally covering the first in district where any such meeting is being held, will be allowed to attend provided they remain ready and available to perform their duties. Association officers and employees who have business to present at the meeting, but are assigned to other stations will be allowed to attend meetings. Arrangements for this purpose will be the same as routine department cover -ins, provided that the Association and Duty Chief both determine the resulting coverage meets acceptable emergency response safety standards. 1.2.7. Association Orientation of New Employees Whenever the City hires an employee within any classification covered by this Memorandum of Understanding and represented by the Association, the City will inform the employee, as soon as possible, of the terms and provisions of this Memorandum of Understanding and will provide said employee with a copy of the current Memorandum of Understanding. The City shall make available two hours, at a mutually agreeable time, during the initial thirty (30) days of employment for new employee orientation by the Association. 1.3. Non -Discrimination 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 9). Page 4 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 the Association. 1.4. Management Rights The City reserves, retains, and is vested with, solely and exclusively, all rights of management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include, but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence of facts which are the basis of the management decision. 3. To determine the necessity of any organization or any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means, technology and extent of services to be provided to the public. 5. Methods of financing. 6. Types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means and size of the work force by which the City operations are to be conducted. 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. Page 5 15. To determine policies, procedure and standards for selection, training and promotion of employees. 16.To establish employee performance standards including but not limited to, quality and quantity standards; and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operations. 18.To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. 19. To take any and all necessary action to carry out the mission of the City in emergencies. The City and Association agree and understand that if, in the exercise of any of the rights set forth above, the effect of said exercise of rights by the City impacts an area within the scope of representation as set forth in the Meyers/Milias/Brown Act, case law interpreting said acts, and/or Federal law, the City shall have the duty to meet and confer with the Association regarding the impact of its decision/exercise of rights. 1.5. Advance Notice of Change Except in cases of emergency, reasonable advance written notice shall be given the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, and any Board or Commission, or any Department and the Association shall be given the opportunity to meet and confer with the City and Representatives prior to adoption. In cases of emergency, when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet and confer at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation. A copy of any such ordinance, rule, resolution or regulation shall be provided to the association together with the notice required by this Section, whenever possible. CHAPTER 2.0. COMPENSATION 2.1. Total Compensation 2.1.1. Goal 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 Firefighters' Association in an amount equal to the following: One dollar ($1.00) above the average of the total compensation paid to the same or similar classifications in the following ten (10) agencies: Page 6 Fairfield, Vallejo, Hayward, Alameda County, South San Francisco, City of Alameda, Napa, Novato Fire District, Santa Rosa, and Sausalito. 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, emt 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 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, identified in an Exhibit titled San Rafael Firefighters' Association Represented Benchmark and Internal Relationships and included as part of this M.O.U. The City and the Association shall each assign two individuals to review the benchmarks and related survey data for accuracy and completeness. Identified benchmark positions from other agencies includes positions that are identified by the survey agency and have similar job duties, qualifications, class and grade compared to the Firefighter benchmark. The City and the Association may identify other city/agency positions to be included in San Rafael's compensation survey based upon similar duties, qualifications, class and grade to those set out in Exhibit "H" of this MOU. 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 Page 7 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 Firefighters' Association Represented Benchmark and Internal Salary Relationships table included as Exhibit "H" to this M.O.U.) 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. Fiscal Year 02/03 Increase: Effective July 1, 2002, bargaining unit employees shall receive an increase of 3.70% in base salary. See Exhibit "A". Effective the first full payroll period thirty days after the City Council approves this M.O.U., bargaining unit employees shall receive a 2% base salary increase (to coincide with 2.0% reduction in employee paid retirement contributions for this fiscal year as identified in Section 5.5). 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 24.9% of one-half (1/2) of 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 H" attached to this M.O.U. 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 2.1.5. Fiscal Year 03/04 Increase: Effective July 1, 2003, bargaining unit employees shall receive an increase of 6.80% in base salary to coincide with 2.0% reduction in employee paid retirement contributions for this fiscal year as identified in Section 5.5 and the COLA shift as identified in Section 5.5.). See Exhibit "B" for salary table. Effective July 1, 2003 the Fire Dispatcher job class' base salary shall be established as —10% from the Firefighter job class' base salary. If, after the above-described increases, 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 24.9% 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 H" 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. 2.1.6. Fiscal Year 04/05 Increase: Effective July 1, 2004, bargaining unit employees shall receive an increase of 3.80% in base salary. See Exhibit "C" 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 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 24.9% of one-half (1/2) of the excess of fiscal year 2003-2004 General Tax Revenues over fiscal year 2002 - Page 9 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 H" 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. 2.2. Educational Incentive Program To increase the educational level of the employees in the Fire Department, and to assist in the recruitment of public safety members into the fire service, the City shall pay an educational incentive in accordance with the following: 2.2.1 Thirty (30) College Units Fire Science Employees who have completed their first year of full-time service with the San Rafael Fire Department and have successfully completed 30 accredited college units of Fire Science shall receive additional compensation amounting to 2.5% of their basic monthly salary. 2.2.2. AA Degree Fire Science Employees who have completed their first year of full-time service with the San Rafael Fire Department and who possess an A.A. degree in Fire Science shall receive additional compensation amounting to 5% of their basic monthly salary. 2.2.3. EMT 1 Employees who have completed their first year of full-time service with the San Rafael Fire Department and who have successfully completed and who maintain an EMT I certification, accredited by the State of California or State Fire Marshal's Office, shall receive an additional compensation amounting to 2.5% of their basic monthly salary. EMT I re -certification training shall be conducted on duty at times determined by the Fire Chief. If an employee fails to maintain a valid EMT - 1, said employee shall lose their 2 .5% incentive pay. All non -paramedic line employees hired on or after March 7, 1994 shall be required to possess and maintain a valid EMT - 1 certificate as a condition of employment. Page 10 2.2.4. E.M.D. Employees who have completed probation in the Fire Dispatcher classification and who have successfully completed and who maintain a Marin County approved E.M.D. certification shall receive an additional compensation amount to 2.5% of their basic monthly salary. This is provided in lieu of "2.2.3." but will not preclude the employee from receiving "2.2.3." if he/she has not yet successfully completed a Marin County approved E.M.D. certification. The City agrees to provide time to meet all E.M.D. requirements. It is agreed that an employee shall not receive more than one (1) emergency medical incentive of 2.5%. 2.2.5. E.M.D. Program Recruitment Both parties agree that individuals hired as Fire Dispatchers must successfully complete an Emergency Medical Dispatch program certified by Marin County within two (2) years of employment. 2.2.6. Other Job Related Courses It is agreed that college course work other than those specified in "2.2.1." and "2.2.2." completed by non -safety members of the department may be deemed to be job-related by the Fire Chief to qualify for the 2.5% or 5.0% educational incentives. This is provided in lieu of "2.2.1." or "2.2.2." but will not preclude an employee from receiving "2.2.1." or "2.2.2." It is agreed that an employee shall receive not more than one (1) educational incentive. Educational incentive for non -safety members of the department shall not exceed 5.0% exclusive of EMT or EMD incentives. 2.3. Out of Class Compensation When safety employees work out of their normal classification, they will be compensated and governed by the following rules: 2.3.1. Fire Engineers All Engineers will perform in Acting Captain status as needed, and will be paid out - of -class compensation at the same step as their regular position, i.e., Step A - Engineer is paid at Step A - Captain. Engineers will be paid the out -of -class compensation for each full shift completed in the out -of -class position. 2.3.2. Fire Fighters All firefighters with four (4) years or more of line service (line service is defined as active participation as a member of an Engine and/or Truck Company working a standard 24 hour work schedule with the City of San Rafael Fire Department) who meet the eligibility requirements to take the Captain's promotional examination and with the recommendation of two Fire Captains may attend the Captain's Certification Program consisting of up to 30 hours in-service training. This training Page 11 may be conducted on duty and attendance is a prerequisite for working out of class as a Captain. Completion of State Board of Fire Services Fire Officers Certification will be considered equal to San Rafael Fire Department Captain's certification for initial certification. Re -certification will be required three (3) years from the date of the last certification and will consist of a refresher course of up to six (6) hours. Certification may be extended if the refresher course is unavailable. Officer Certification training will be conducted at a time designated by the Fire Chief, and Engineers who wish to attend may do so. When working out of class as Engineers or Captains, Firefighters will be paid the appropriate out -of -class compensation for each full shift completed in the out -of -class position. They will be paid at the same step as their regular position, i.e., Step A - Firefighter is paid at Step A, - Engineer or Step A - Captain. 2.3.3. Fire Captain All Fire Captains while working out -of -class, as Platoon Commanders will receive $100.00 per shift premium pay over and above their base monthly salary for each full shift completed in the out -of -class position. 2.4. Specialty Compensation 2.4.1. Paramedic Certification 1. The Firefighter/Paramedic classification was abolished on 07/01/88. Department members who are Certified Paramedics and who are assigned to paramedic duty shall receive the following incentives: i) A paramedic incentive equal to 9.5% of top firefighter salary over and above their regular monthly salary. ii) An incentive equal to 2.5% of their regular monthly salary for A.C.L.S. in lieu of the E.M.T. incentive. (Applicable only to those employees who have completed their first year of full- time service and assigned to Paramedic duty). 2. Fire Department Paramedic staffing level shall be determined by the Fire Chief. Staffing of the Paramedic Unit by Paramedics holding the rank of Engineer or Captain shall be determined by the Fire Chief or his designee. 3. Department employees desiring to voluntarily enter Paramedic training on their own time and who have notified the Fire Chief, in writing, of their intentions, upon successful completion and certification will be eligible for a "Paramedic" position in the department if an opening is available. If a vacancy should occur in the positions allocated for Paramedic duty, and a Page 12 department employee is in training, the position will be held vacant for up to a maximum of six months. The six-month period will allow for up to three months to complete the training and an additional three months to complete the required field internship. These time frames may be extended by the Fire Chief (see Department Policy 1-V-18). 4. In the event that a Firefighter assigned to Paramedic duty wishes to discontinue his/her Paramedic assignment, both parties agree that he/she may be reassigned out of the Paramedic Program with a 90 day written notice of intent to the Fire Chief providing that current Paramedic staffing levels do not fall below 21. In the event that several paramedic firefighters intend to decertify from the program, selection to do so will be based on employee seniority by hiring date. At such time that any one Paramedic opts out when there is not a corresponding Firefighter vacancy the department will, at its discretion, operate the same number of ambulances by teaming a Paramedic with an EMT certified Firefighter, until full complement staffing returns. 2.4.2. Paramedic Liaison The Paramedic liaison and Assistant Paramedic liaison will be selected by those individuals assigned Paramedic duty and will serve for a minimum of one (1) year and a maximum of two (2) years. The individual selected as the Paramedic Liaison will receive $200.00 per month premium pay over and the Assistant Paramedic liaison will receive $100 per month premium pay over and above his/her base monthly salary while serving in this capacity. 2.4.3. EMT 1 Ambulance Drivers EMT -1 drivers shall receive a ten -dollar ($10.00) bonus for each shift, full or partial that they are assigned to drive either ambulance. Regular assignment to the paramedic unit as an EMT -1 shall be voluntary. Non -voluntary assignment to the paramedic unit as an EMT -1 shall be made to cover absence of members regularly assigned to the unit. Association members cannot refuse assignment to staff the paramedic ambulance. 2.4.4. Third Paramedic Unit A third paramedic unit was placed into service on July 1, 1996 using existing personnel. Two of the paramedic units will be staffed with a minimum of one (1) EMT -P and one (1) EMT. One unit will be staffed with two (2) EMT -P. Which unit will operate with two (2) EMT -P will be decided by the Fire Chief in his discretion and may vary on different platoons. Page 13 2.5. Other Compensation 2.5.1. Uniform Allowance Uniform members of the Fire Department shall receive a uniform allowance in the amount of $212.50 at the completion of each six months of service ending June 30 and December 31. A pro -ration at the rate of $35.42 per month may be given for a portion of the first and last six months of service upon recommendation of the Department Head and approval of the City Manager. The Fire Department will provide for a reimbursement safety boot allowance program for safety employees. Between January 1 and January 30" of each even number year safety employees seeking a reimbursement must submit receipts to receive up to a maximum of $160.00 reimbursement for the purchase of new safety boots. Receipts for reimbursement shall be honored if they are submitted in a timely fashion and the receipt is for a safety boot purchase during the previous period ending December 315` of each odd number year. 2.5.2. Call -Back Employees covered by this Memorandum of Understanding shall be paid at a rate of time and one-half of the affected employee's regular hourly rate. Whenever an employee is asked to continue his/her work past the scheduled duty day or is called back to unscheduled duty by the Department. In such cases, a minimum of two hours callback pay shall be paid. CHAPTER 3.0. PROBATIONARY PERIOD 3.1. Purpose of Probation The purpose of probation is to give the City an opportunity to evaluate an employee's performance prior to the employee entering regular status. 3.2. Periodic Probationary Evaluations After passing an examination and accepting appointment, each employee shall serve a probationary period. During this probationary period the employee's performance shall be evaluated at least twice, once during the fourth (4th) month and once during the eighth (8th) month. The results of these evaluations shall be discussed with the employee. 3.3. Length of Probationary Period The probationary period on original and promotional appointments shall be for twelve (12) months. Page 14 3.4. Rejection During Probation During the probationary period an employee may be rejected at any time by the Fire Chief without the right of appeal, except as provided by law. 3.5. Extension of Probationary Period The probationary period shall not be extended except in the case of extended illness or injury or compelling personal situation during which time the employee was unable to work. In such cases, the probationary period may be extended for the length of time the ill or injured employee was unable to work. 3.6. Notification of Extension of Rejection On determining that a probationary employee's work is not satisfactory, the Fire Chief shall notify the Personnel Director in writing of his/her intention to extend the employee's probationary period or reject the employee. After discussion with the Personnel Director, the Fire Chief shall notify the employee in writing of his/her extension or rejection. 3.7. Regular Status For the purpose of this agreement, regular status shall mean; full time, non - probationary status. Regular status shall commence with the day following the expiration date of a probationary period. 3.8. Promotion of Probationary Employee An employee serving a probationary period may be promoted to a position in a higher classification. When an employee is promoted under such circumstances, the probationary period of the lower classification shall be suspended. This suspension, the new promotional probationary period and the promotional appointment shall commence on the same date. 3.9. Unsuccessful Passage of Promotional Probation An employee who does not successfully pass his/her promotional probationary period shall be reinstated to the position in which the employee held regular status prior to his/her promotion. If the employee was serving a probationary period at the time of promotion, the suspension of the prior probationary period shall be lifted, the employee shall be reinstated to probationary status in the prior classification and the remainder of that period shall be served. Provided, however, that if the cause for not passing the promotional probationary period is sufficient grounds for dismissal, the employee shall be subject to dismissal without reinstated to the lower position. Page 15 CHAPTER 4.0. SELECTION 4.1. Promotional Recruitments Recruitments in the Firefighter series to the rank of Fire Engineer and Fire Captain shall be promotional. In the event that no qualified candidates are identified through the examination process, the position(s) will remain vacant and another promotional recruitment will begin in six (6) months. This will continue until a qualified candidate is found. 4.2. Fire Captain Qualifications 4.2.1. Option 1 A. Four (4) years full time suppression experience in the Firefighter series. B. Associate Degree in Fire Science or Fire Technology. C. San Rafael Fire Department Engineer Certification or Engineer Rank. - or - 4.2.2. r - 4.2.2. Option 2 A. Five (5) years full time suppression experience in the Firefighter series. B. Completion of the S.B.F.S. Fire Officer curriculum. C. San Rafael Fire Department Engineer Certification or Engineer rank. - or - 4.2.3. r - 4.2.3. Option 3 A. Ten (10) years full time suppression experience in the Firefighter series. B. San Rafael Fire Department Engineer Certification or Engineer rank. C. San Rafael Fire Department Fire Prevention Certification or the completion of Prevention 1A and 1B. For the purpose of definition, in 4.2., Firefighter series shall mean the following job classes: Firefighter, Fire Engineer and Fire Captain. 4.3. Rule of Three Appointments made off of departmental promotional lists or open lists for Fire Department vacancies which have Fire Department employees on them require filling of vacancies from within the top three names on a certified list as follows: 1 opening = 3 candidates 2 openings = 4 candidates 3 openings = 5 candidates and etc. Page 16 The Personnel Director may remove a name of an eligible employee from a list if he/she has been rejected or passed over three times by the appointing authority. Nothing herein shall require use of a Rule of Three for entry-level selections, which shall be subject to a Rule of the List. 4.4. Orientation 4.4.1. Captain's Orientation Individual(s) having been selected from a Fire Captain's eligibility list for promotion, but prior to Station assignment, shall be assigned an orientation period of one (1) continuous month. During this orientation period the individual(s) shall be temporarily assigned to a forty (40) hour workweek. During this temporary forty (40) hour per week assignment, the affected individual(s) shall receive their full monthly Captain's salary. The purpose of this orientation period is to make available an array of training opportunities that will provide insight into the various aspects of the Captain's roles and responsibilities. The orientation period should involve, but not be limited to, visitations to other Fire Departments and agencies, discussions with Staff members regarding various aspects of the Fire Department's operations, to include radio procedure, ICS system, mutual aid procedures, location of stations of other departments, discussion with other City officials, ride along with Police and a review of Police Department operations, plus time allotted to County Communications or other agencies or departments that interact with our Department, i.e., Finance, Personnel, etc. 4.4.2. Firefighters' Fire Prevention Orientation Firefighters' who have completed their twelve (12) month initial probationary period, and after receiving at least 60 -calendar days notice, shall be temporarily assigned to a forty (40) hour work week. During this temporary forty (40) hour per week assignment, the affected individual(s) shall receive their full monthly salary. This temporary assignment will be an orientation period with the Fire Prevention Bureau and will have a maximum duration of one (1) continuous month. This orientation shall occur during their second year of employment and shall be a one time assignment. If for any reason the orientation is not completed, the Firefighters shall not be required to return to the Fire Prevention Bureau for a second orientation. This assignment may not be possible if sufficient personnel are not available. During this orientation period, the Firefighters will be given training on the Company Inspection Program. They will also experience field inspections and other related Fire Prevention practices with bureau personnel. Page 17 4.5. Transfers 4.5.1. Type of Transfers Transfers may be within the same department (intra -departmental) or between departments (inter -departmental). The requirements for each are as follows: A. Inter -departmental transfers. An employee may be transferred from a position in one department to a position in the same classification in another department, with the recommendation of the two department heads and the approval of the City Manager. B. Voluntary transfers. An employee may make a written request for transfer to the Personnel Director to a position in the same or similar classification with the same salary range. Such a request may be made on the recommendation of the affected department head(s) and the approval of the City Manager. 4.5.2. Minimum Qualifications and Probation Any persons transferred to a different classification shall possess the minimum qualifications for that classification. In the case of a voluntary transfer, the employee shall serve a six (6) month probationary period. CHAPTER 5.0. HEALTH AND WELFARE 5.1. Health, Life, Accident and Disability A. The monthly contribution by the City towards the cost of each eligible employee's Health, Accident, Life and Disability insurance premiums is $432.00/month. Effective January 1, 2003 the monthly contribution increases to $457. Effective January 1, 2004 the monthly contribution increases to $482. Effective January 1, 2005 the monthly contribution increases to $507. B. Selection must include the employee's basic health plan offered by the City, unless the employee can show proof of insurance; and the $5,000 term life insurance policy offered by the City. C. Payback. On January 1, 2000 the cash option on the payback was eliminated. Instead, employees eligible for the full amount of the unused portion of the City's contribution toward group insurance premiums as stated in Section 5.1.A. would be required, within 60 days of eligibility, to enroll in one of the City's optional deferred compensation plans in order to receive this benefit. Failure to do so within the 60 day period would not Page 18 eliminate the employee's opportunity, but the new effective date would be the month following enrollment and the employee would not be eligible for retroactive payments. D. Members of the Firefighters Association may choose to subscribe to a long term disability (LTD) plan other than that offered by the City as long as there is no cost to the City. E. Upon reasonable advance notice to the Association, the City shall have the option of either contracting with the Public Employees Retirement System (PERS) Health Benefits Division for health insurance or contracting directly with some or all of the providers of health insurance under the PERS program; provided, however, contracting directly with the providers shall not cause any material reduction in insurance benefits for active or retired employees from those benefits available under the PERS program; and provided further such contracting shall not cause a material increase in premiums for either the City or the employees. There shall be no requirement for the City to meet and confer upon the City's exercising the option described above in accordance with the provisions of this paragraph. 5.2. Retiree's Health Insurance The City will make a contribution each month towards each retiree's PERS health insurance for any two party rate not to exceed the monthly amount allocated for active employees. 5.3. Dental Plan A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year; and orthodontic care (50/50 cost sharing). B. The dental plan shall provide for an 80/20 cost sharing for casts, crowns and restorations. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. D. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar year (orthodontic benefits remain the same). Page 19 5.4. Joint Benefits Committee Both parties agree to continue to utilize the Joint Benefits Committee for on-going review of benefit programs, cost containment, and cost savings options. The committee shall be made up of representatives of Miscellaneous, Supervisory, Police, Fire and Management employees. 5.5. Retirement Contribution The City will contribute to the Marin County Retirement System a maximum of seven percent (7%) of an employee's salary. If the full amount of the employee's contribution is less than seven percent (7%) of salary, then only the full share shall be paid. Beginning the first full pay period following thirty days after 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 five percent (5%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than five percent (5%) 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 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. See Section 5.7.4. regarding service credit option for unused sick leave. 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 their full share of members cost of living rates as allowed under Articles 6 and 6.8 of the 1937 Retirement Act. Miscellaneous and safety member contribution rates include both the basic and COLA portions (50% of COLA is charged to members as defined in the 1937 Act). 5.6. Vacation 5.6.1. Policy Statement Three (3) members per shift shall be allowed off on vacation during all months of the calendar year. Vacation shall be administered in accordance with Fire Department policy 1-V-1, which is incorporated by reference. The Association acknowledges the Fire Chiefs right to investigate sick leave abuse. 5.6.2. Vacation Conversion Any represented employee with at least twenty (20) years of continuous service in the San Rafael Fire Department, shall have an opportunity to cash in up to a Page 20 maximum of 144 hours of accrued, unused vacation time. The affected employees may only exercise this option one time during their San Rafael Fire Department career, regardless of the total number of hours requested for this vacation cash in option. Funding source for these requests shall first come from available revenue sharing dollars and then other appropriate General Fund accounts. Note: Refer to 5.6.5. Vacation Accrual Cap for circumstances under which vacation accrual may be maintained above the designated cap. 5.6.3. Vacation Relief Primary selection for vacation relief will occur annually and will be voluntary based on seniority (those employees in the Firefighter job class with the most seniority in the Fire Department will have the first opportunity to sign up for vacation relief. If through the above reference voluntary selection process the department is unable to identify nine Firefighters for this annual assignment employees will be assigned by the department using a least senior (seniority within the Fire Department) procedure. Employees volunteering and/or being assigned to the vacation relief assignment must have completed two years with the San Rafael Fire Department as a safety member. At no time will there be more than two (2) Firefighter/Paramedics per shift assigned to Vacation Relief. Those employees assigned to this annual vacation relief assignment shall be paid $125.00 per month. Beginning January 1, 1997, no employee shall serve more than three (3) consecutive years on vacation relief. After three (3) years of not serving on vacation relief, such employee may then work up to three (3) consecutive years on vacation relief. 5.6.4. Rate of Accrual Vacation benefits shall accrue during the probationary period. Each regular full time employee shall commence to accrue vacation at the following rate for continuous service: For 40 hour per week employees: The first three (3) years of continuous employment shall earn ten (10) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of five -sixths (5/6) day per month. Page 21 From the beginning of the fourth (4th) year of service through the end of the tenth (10th) year of service, fifteen (15) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of one and one -forth (1 1/4) days per month. From the beginning of the eleventh (11th) year of service through the end of the fifteenth (15th) year, twenty (20) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of one and two-thirds (1 2/3) days per month. From the beginning of the sixteenth (16th) year of service and beyond, twenty-five (25) working (eight hour) days of vacation per year. Such entitlement shall accrue at the rate of two and one -twelfth (2 1/12) working (eight hour) days per month. For 56 hour per week employees: Effective January 1, 1995, each regular and probationary full time employee shall commence to accrue vacation at the following rate for continuous service: All employees who are assigned to a twenty-four (24) hour shift schedule, during the first three (3) years of continuous employment shall earn five (5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of ten (10) hours per month. From the beginning of the fourth (4th) year of continuous service through the end of the tenth (10th) year of continuous service, shall earn seven and one half (7.5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of fifteen (15) hours per month. From the beginning of the eleventh (11th) year of continuous service through the end of the fifteenth (15th) year of continuous service, shall earn ten (10) twenty- four hour shifts of vacation per year. Such entitlement shall accrue at the rate of twenty (20) hours per month. From the beginning of the sixteenth (16th) year of continuous service and beyond, shall earn twelve and one half (12.5) twenty-four hour shifts of vacation per year. Such entitlement shall accrue at the rate of twenty-five (25) hours per month. 5.6.5 Vacation Accrual Cap This policy became effective January 1, 1999. With the effective date of this policy employees represented by the Firefighters Association: Page 22 Would continue to accrue vacation leave at the rate prescribed in Section 5.6.4 for the number of years they have worked for the City. During each calendar year (NOTE: The calendar year for tracking accrual would be January 6h through January 5`h) the policy is in effect, employees would be limited (capped) in the number of vacation hours they can carry over from one year to the next (the cap limit would first apply to carrying over hours into the 2000 calendar year). The carry over limit (cap) would be as shown in the charts below: For 40 hour per week employees YEARS OF ACCRUAL PER ACCRUAL PER CAP SERVICE YEAR MONTH 1 — 3 yrs. 10 days or .83 days or 240 hours 80 hours 6.66 hours 4 — 10 yrs. 15 days or 1.25 days or 240 hours 120 hours 10 hours 11 —15 yrs. 20 days or 1.67 days or 240 hours 160 hours 13.36 hours 16 + yrs. 25 days or 2.08 days or 240 hours 200 hours 16.68 hours For 56 hour per week employees YEARS OF ACCRUAL PER ACCRUAL PER CAP SERVICE YEAR MONTH 1 — 3 yrs. 5 shifts or 120 10 hours 15.5 shifts hours or 372 hours 4 — 10 yrs. 7.5 shifts or 180 15 hours 15.5 shifts hours or 372 hours 11 — 15 yrs. 10.0 shifts or 240 20 hours 15.5 shifts hours or 372 hours 16 + yrs. 12.5 shifts or 300 25 hours 15.5 shifts or 372 hours hours Employees who are already above the maximum accrued balance (cap), based on their accrual rate as of their accrued balance reflected on their pay check stub received on the 12/31/98 pay date, would not lose those accrued hours. Employees who are above the maximum accrued balance (cap), as of the effective date of this policy (January 1, 1999) would continue to accrue vacation; Page 23 but they would have to use those vacation hours accrued during the 1999 calendar year during that same calendar year (these employees would be prohibited from carrying over any additional hours as long as they were at or above the carry over cap.) Employees may, for special situations, i.e., extended medical leave, request an increase in their carry over cap. Each request would need to be in writing, submitted through the department, and received the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case by case basis and would be evaluated based on the reason for the request and be consistent with the provisions of the MOU. This additional carry over amount could not exceed one-half of the employee's regular annual vacation accrual. In no case would the additional carry over hours be extended beyond one additional year. If an employee exceeds the accrued balance (cap) as a result of being on extended leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and the employee would be allowed to use the additional accrued hours without penalty. In no event will an employee have their vacation hours reduced as a result of exceeding the cap due to having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to an industrial injury prevented them from taking scheduled vacation. 5.7. Sick Leave 5.7.1. Accrual The maximum accrual limit (1,200 hours for employees working a 40 hour work week and 1680 hours for employees working a 56 hour work week) is amended to permit continued unlimited accrual for sick leave use purposes for all represented employees. The maximum limit continues to apply for cash -in purposes. Each eligible full-time employee working a 56 hour work week shall earn sick leave credits at the rate of twelve (12) hours per month. Represented employees working a 40 hours work week shall continue to earn sick leave credits at the rate of eight (8) hours per month. 5.7.2. Sick Leave Usage An employee eligible for sick leave with pay will be granted such leave with approval of the department head for the following purposes: a) Personal illness of the employee or illness within the immediate family (immediate family under 5.7.2. a. is defined as employee's spouse, dependent children and/or employee's parents, not in-laws) or physical incapacity of the employee resulting from causes beyond the employee's control; or Page 24 b) Enforced quarantine of the employee in accordance with community health regulations; or c) In the event of a death or critical illness in the immediate family, an employee may, upon proper notification, be allowed to be granted an absence up to five (5) consecutive calendar days (combining duty and off duty days), using sick leave as needed during this period of absence, for such a circumstance either in or out of state. Where such death or critical illness has occurred, the employee will be expected to furnish satisfactory evidence of the situation to the Fire Chief if requested. The employee may request, and on approval of the Department Head, receive additional sick leave hours off in the event of such a death or critical illness in the immediate family. The immediate family is defined as spouse, children, parents, grandparents, brothers or sisters. Except that in a. and b. above an employee may not use sick leave for a work related injury and/or illness once said employee has been determined permanent and stationary. The Association acknowledges the Fire Chiefs right to investigate sick leave abuse. 5.7.3. Sick Leave Payoff Upon termination of employment by resignation, retirement or death, employees who leave the municipal service in good standing shall receive compensation of all accumulated unused sick leave, based upon the rate of two percent (2%) of each year of service to a maximum of fifty percent (50%). Refer to 5.7.1. for maximum limit applicable to sick leave payoff. 5.7.4. Sick Leave Service Credit Option Employees who are eligible to accrue sick leave and who retire from the City of San Rafael, on or after July 1, 1999, and within 120 days of leaving City employment (excludes deferred retirement), shall receive employment service credit, for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours said employee is eligible to receive and elects to receive in compensation at the time of retirement, pursuant to Section 5.7.4.). 5.8. Leave Conversion to Hour for Hour 5.8.1. Accrued Balance Conversion On January 1, 1995, each employee covered by this Memorandum of Understanding working a regularly scheduled 56 hour work week had their current balances of accrued sick leave hours and accrued vacation leave hours multiplied by a factor of 1.5. The resulting figures then became each employees' new accrued balances of sick and vacation leave. 5.8.2. Sick and Vacation Leave Usage Page 25 Each employee covered by this Memorandum of Understanding shall have one (1) hour of sick leave or one (1) hour of vacation leave, as appropriate, deducted from their accrued balance for each hour of leave used during any reportable 24 hour period. 5.8.3. Hourly Rate for Leave Payoff Effective with the conversion to hour for hour reporting, the hourly rate used for leave payoff purposes shall be based on 2080 annual work hours for represented job classes working a 40 hour work week and 2912 annual work hours for represented job classes working a 56 hour work week. 5.9. Holidays 5.9.1. Days Observed Employees covered under this Memorandum of Understanding shall be entitled to the following holidays: *January 1 New Year's Day *Third Monday in January Martin Luther King Day February 12 Lincoln's Birthday Third Monday in February Washington's Birthday March 31 Cesar Chavez Birthday *Last Monday in May Memorial Day *July 4 Independence Day *First Monday in September Labor Day September 9 Admission Day As observed by the City of San Rafael Veteran's Day *As observed by the City of San Rafael Thanksgiving Day As observed by the City of San Rafael Day after Thanksgiving *December 25 Christmas 5.9.2. Holiday Pay All 56 hour a week shift employees covered under this Memorandum of Understanding are entitled to additional straight time compensation for every holiday given in 5.9.1. Above. Said compensation shall be paid twice each year on the first pay period of December and the first pay period of June. Holiday pay formula will be based on a 56 hour work week (2,912 hour year for calculating the hourly rate for a twelve hour day). All 40 hour week shift employees covered under this Memorandum of Understanding are entitled to the aforementioned holidays off or shall be paid in Page 26 addition to their regular salary for the number of hours worked during such a day at the rate of straight time based on their standard hourly rates. 5.9.3. Holiday Routine In addition to the emergency responses, the holiday routine shall consist only of the normal daily emergency preparedness, routine maintenance of facilities and equipment and the related administrative work. Employees assigned to work on holidays asterisk above (*) shall observe the holiday routine. 5.10. Other Leaves 5.10.1. Family Medical Leave/California Family Rights Act Family leave shall be granted in accordance with the Federal FMLA of 1993 and the CFRA of 1991. Requests for Family leave are submitted to the Fire Chief for approval and reviewed by the Human Resources Manager for consistency with the law prior to approval. 5.10.2. Military Leave Military leave as defined in State law shall be granted to any regular employee. All employees entitled to Military Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.10.3. Workers Compensation Leave Safety employees shall be governed by the provisions of Section 4850, et seq. of the Labor Code. Non safety employees shall be governed by applicable state law and City Rules and Regulations. Refer to 5.7.2. for qualifications regarding use of accrued sick leave. 5.10.4. Jury Duty Employees required to report to jury duty shall be granted a leave of absence with pay from their assigned duty until released by the court. The employee shall notify his/her employer in advance when summoned for jury duty. If the employee is a shift employee and is selected to serve on a jury, said employee shall not be required to perform duty during non court hours until released by the court. 5.10.5. Court Appearance Employees required to appear in court or other official hearings shall be granted a leave of absence with pay from their assigned duty until released by the Court. Employees required to appear in Court or other official hearings other than during their regular tour of duty shall receive a minimum of four (4) hours pay at the Page 27 overtime rate and shall appear in Class A uniform. The Fire Department, when informed, shall provide appearance information for the employees. This information shall be made available, if known, by 6:00 p.m. on the last court day preceding the scheduled appearance date of the employee. Employees will be responsible for calling the dispatcher after 6:00 p.m. CHAPTER 6.0. HOURS 6.1. Hours of Work All suppression employees and dispatchers covered by this Memorandum of Understanding shall work a fifty-six (56) hour work week with a three (3) platoon system. A work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the following day. 6.2. Work Schedule Employees in this unit shall be assigned to either eight or twenty-four hour shifts. All suppression employees and dispatchers work a fifty-six (56) hour work week in twenty-four (24) hour shifts within a twenty-seven (27) day cycle. X = 24 hour on -duty period 0 = 24 hour off-duty period Example: XOXOX/0000/XOXOX/0000 Fire prevention personnel work different schedules according to administrative needs. The work week will consist of 40 hours or 56 hours respectively. Fire prevention personnel working eight hours shifts shall work as follows: Monday through Friday 0800 to 1700 hours Any employee working the suppression schedule described above may agree to transfer to a prevention, training or other special assignment, subject to the approval of the Fire Chief. If transferred to the forty (40) hour work week in such a capacity outlined above, such employee shall receive five percent (5%) premium pay. The length of the transfer shall be two (2) years, but may be modified by mutual agreement between the employee and the Fire Chief. Effective January 1, 2004 a one-year trial period begins (for shift personnel) on the 2 X 4 work schedule, subject to the City and the San Rafael Firefighters' Association jointly approving (in a MOU side letter) an implementation strategy and evaluation method prior to the commencement of this new work schedule. The trial period is completed on January 1, 2005. Page 28 6.3. FLSA Overtime Overtime shall be calculated pursuant to the Fair Labor Standards Act. 6.4. Overtime All employees covered by this Memorandum of Understanding shall be paid at the rate of time and one-half of their established hourly rate for time worked in excess of their regular forty (40) hour or fifty-six (56) hour work week. There shall be no compensatory time off; all overtime shall be paid overtime. Overtime shall be administerdd in accordance with the provisions of Policies and Procedures Manual 1-V-17, which is hereby incorporated by reference. Effective December 1, 1994, dispatch personnel shall receive overtime pay in accordance.with the provisions and calculated in the same manner as FLSA overtime for suppression personnel (sleep and/or meal time is not subtracted from their hours worked for the purposes of calculating FLSA overtime). CHAPTER 7.0. TERMS & CONDITIONS OF EMPLOYMENT 7.1. Staffing Levels Through attrition, the City may reduce the number of captains to eighteen (18) and the number of engineers to eighteen (18), operating from six (6) fire stations. Any other changes in the current staffing levels will be subject to meet and confer. 7.2. Grooming Standards All personnel covered by this Memorandum of Understanding shall conform to the Grooming Standards specified in Departmental Policy 14I-2 and said policy is hereby incorporated by reference. 7.3. Career Development Program The San Rafael Firefighters Association agrees to the Career Development Guidelines as written and agreed to March 17, 1982, to be placed in this Memorandum of Understanding with the inclusion of the following: 7.3.1. Engineer Certification Policy Career Development Guidelines regarding Engineer Certification Policy 1-V-10 revised January 1989 is attached as Exhibit "C" and the Career Development Guide for Firefighter Policy 14-9 revised January 1989 is attached as Exhibit "D" shall both be placed in this Memorandum of Understanding. 7.3.2. Responsibility for Implementation The Fire Chief and his management staff shall have responsibility for the implementation of the Career Development Guidelines as written and approved in Page 29 Policy 14-10, revised January 1989, and attached as Exhibit "C" and the Career Development Guide for Firefighters Policy 1-V-9, revised January 1989 and attached as Exhibit "D" to this Memorandum of Understanding. 7.3.3. Program Guidelines If guidelines are not followed by the department as written, concerned member(s) shall not be subject to disciplinary action. The City has the obligation to ensure that the employee is provided sufficient time and training to meet the standards at the required times. 7.3.4. Order of Completion There shall be no required order in completion of desired requirements. 7.3.5. Fire Prevention Certification Policy Employees should refer to Department Policy 1-V-16 for information concerning this policy. 7.4. Station Transfers Once each year between October 1 st and October 31 st, department members may submit a written request to the Fire Chief requesting transfer or stating preference in the event of transfer initiated by the department. Employees being transferred will be notified no later than November 30th. When transfers are denied or made to stations not requested, the Chief and his/her designee, when requested by the affected member, will meet with the member so affected, and explain the reason for the department's action. When considering multiple requests for transfer to the same shift and/or station, the departmental needs are to be considered first, after which seniority of the applicants will be primary, then other such issues, such as carpooling, that the employee may indicate in their written station transfer request. 7.5. No Smoking An applicant for a non -promotional safety position in the Fire Department shall be disqualified from employment if he/she has smoked tobacco within one (1) year preceding the date of filing an application for such employment and through the probationary period of one year. 7.6. Residency Within two years of employment, all new employees in those classifications represented by the Association shall have their principal place of residence within the area designated on the map marked as Exhibit "G" and attached to this Memorandum of Understanding. NOTE: With the adoption of the MOU for the Page 30 period beginning July 1, 2001, this residency requirement will be waived for current employees; but still apply to new employees hired on or after July 1, 2001. 7.7. EMT -D Certification EMT -D certification is a requirement for each employee with a safety classification. The certification is to be conducted on duty, between the hours 0800 and 1700, and counted as a portion of the eight-hour routine duty day. 7.8. Demotion The Fire Chief may demote an employee when the following occurs: A. The employee fails to perform his/her required duties. B. An employee requests such a demotion. No employee shall be demoted to a classification for which he/she does not possess the minimum qualifications. When the action is initiated by the Fire Chief, written notice of demotion shall be provided to an employee at least ten (10) calendar days before the effective date of the demotion, and a copy filed with the Personnel Department. Demotion pursuant to Section 7.8, Part A of this Memorandum of Understanding shall be deemed disciplinary action and as such shall be handled according to the provisions in Chapter 8, Disciplinary Action, of this Memorandum of Understanding. 7.9. Termination of Employment 7.9.1. Resignation An employee wishing to leave the City service in good standing shall file with his/her immediate supervisor, at least fourteen (14) calendar days before leaving the service, a written resignation stating the effective date and reason for leaving. A copy of the resignation shall be forwarded to the Fire Chief and the Personnel Department. 7.9.2. Termination/Demotion - Lack of Work or Funds The Fire Chief may terminate an employee because of reorganization, abolition of position, and shortage of funds. Said termination shall be considered a Reduction In Force and shall be processed in accordance with Chapter 10 Reduction in Force of this Memorandum of Understanding. Page 31 7.9.3. Termination - Disciplinary Reasons An employee may be terminated for disciplinary reasons, as provided in Chapter Eight (8) Disciplinary Action of this Memorandum of Understanding. 7.9.4. Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Chapter Three (3) probationary period of this Memorandum of Understanding. 7.9.5. Retirement Retirement from the City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. 7.10. Shift Trade Policy To provide a mechanism, which will enable Fire Department members to take a normally assigned work shift off without having to use vacation time, a shift trade policy has been implemented. Refer to Policy 1-V-14. Effective July 1, 1999, with the adoption of this MOU, Policy 1-V-14 is revised to require "Rank for Rank" shift trades, this would include employees "certified" to perform in an acting capacity, i.e., Captain eligible to trade with another employee at the Captain rank and/or certified as eligible to function as an acting Captain (and the same would apply to trades by Engineers). Effective January 1, 2004 the maximum annual allowable shift trades is reduced from 18 to 15. CHAPTER 8.0. DISCIPLINARY ACTION 8.1. Authority The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 8.2. Definition Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or suspension resulting in loss of pay. 8.3. Causes of Disciplinary Action The City may discipline or discharge an employee for the following: Page 32 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. 8.4. Appeals If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure (Chapter 9). Such appeal must be filed with the City Manager or his/her designee by the employee in writing within fourteen (14) calendar days from the date of the discipline/discharge and unless so filed the right of appeal is lost. Page 33 8.5. City Manager and Arbitration The appellant may have the appeal heard by to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the appellant and the City. A hearing before the arbitrator shall be held within sixty days of the selection of the arbitrator unless the mutually accepted arbitrator's schedule does not so permit. The arbitrator shall not have the power to amend or modify either party's position; but shall rule on the merits of each party's case as presented during the hearing. Decisions of the Arbitrator on matters properly before him/her shall be final and binding on the parties hereto, to the extent permitted by the Charter of the City. In addition to arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The parties shall continue to meet and confer, after the adoption of this MOU on a mutually agreeable panel of arbitrators. Once agreed to the panel shall be identified by a side letter to the MOU. CHAPTER 9.0. GRIEVANCE PROCEDURE 9.1. Definition A grievance is any dispute, which involves the interpretation or application of any provision of this Memorandum of Understanding, or any Fire Department policy specifically referenced herein. Policy 1 -VI -3 is specifically incorporated by reference. 9.2. Initial Discussions Any employee who believes that he or she has a grievance may discuss his or her complaint with the Fire Chief or with such subordinate management official as the Fire Chief may designate. If the issue is not resolved within fourteen (14) calendar days, or if the employee elects to submit his or her grievance directly to an official of the association, the procedures hereafter specified shall be invoked. 9.3. Referral to City Manager Any employee or any official of the Association may notify the City Manager and Fire Chief in writing that a grievance exists, and in such notification, state the particulars of the grievance, and, if possible, what remedy or resolution is desired. Page 34 No grievance may be processed under subsection 9.4 below, which has not been first heard and investigated in pursuance of subsection 9.2. A grievance which remains unresolved fourteen (14) calendar days after it has been submitted to the City Manager in writing may be referred to arbitration. Any time limit may be extended to a definite date by mutual agreement of the Association and the appropriate management representative. 9.4. City Manager and Arbitration If the grievance is not resolved, the grievant, the Association, or the City may, after completion of the previous step in the grievance procedure, submit the grievance directly to the City Manager or may request arbitration. If arbitration is requested, representatives of the City and the Grievant shall meet within fourteen (14) calendar days to select a mutually acceptable arbitrator (the selection process shall include the review of the arbitrator's availability). The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Grievant and the City. Each party, however, shall bear the cost of its own presentations, including preparation and post hearing briefs, if any. A hearing before the arbitrator shall be held within 60 days of the selection of the arbitrator unless the mutually accepted arbitrator's schedule does not so permit, and the arbitrator shall render a decision which is binding on the parties hereto, to the extend permitted by the Charter of the City. CHAPTER 10.0. REDUCTION IN FORCE 10.1. Authority The Fire Chief may lay off, without prejudice, any regular employee because of lack of work or funds, or organizational alterations, or for reasons of economy or organization efficiency. 10.2. Notice Employees designated for layoff or demotion in lieu of lay off shall be notified in writing at least thirty (30) calendar days prior to the anticipated date of lay off or demotion. The Association shall also be so notified. 10.3. Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description, and salary. Extra -hire employees shall be laid off before permanent employees in the affected classification. In effecting the preceding order, a part- time permanent employee with more seniority can displace a full-time permanent employee. Page 35 10.4. Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: A. Seniority within the affected classifications will be determinative. Such seniority shall include time served in higher classification(s). The computation of seniority for part-time employees will be credited on a pro -rata basis to full-time service. Time spent on a City Manager approved leave of absence without pay does not count toward seniority. B. If the seniority of two or more employees in the affected classification or higher classification (s) is equal, departmental seniority shall be determinative. C. If all of the above factors are equal, the date of regular status in City service is achieved shall be determinative. D. If all of the above are equal, date of certification for appointment shall be determinative. 10.5. Bumping Rights An employee designated to be laid off may bump into a class at the same salary level, or into the next lower classification in which such employee has previously held regular status. An employee, who is bumped, shall be laid off in the same manner as an employee whose position is abolished. 10.6. Transfer Rights The Personnel Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify. The length of eligibility for such transfer will be the period of notification as provided in 10.2, but no longer than the effective date of such layoff or reduction. 10.7. Re -Employment 10.7.1. General Guidelines Individuals who have been laid off or demoted shall be offered re -appointment to the same classification in which they held status in the order of seniority in the classification. Individuals demoted in lieu of reduction in force shall be offered restoration to the highest class in which they held status and in which there is a vacancy prior to the appointment of individuals who have been laid off. Page 36 10.7.2. Right to Re-employment Each person who has been laid off or demoted in lieu of a layoff from a position the person held, shall, in writing, be offered re -appointment in the same classification should a vacancy occur in the classification within two years after the layoff or demotion. Prior to being re-employed, the employee must pass a physical exam administered by a City appointed physician and must pass the background check administered by the City. 10.7.3. Time Limits Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and be removed from the re-employment list. 10.7.4. Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 10.7.5. Probationary Status Employees re -appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re -appointment. 10.7.6. Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not on the payroll will not count as time worked for the purposes of seniority accrual. CHAPTER 11.0. MISCELLANEOUS 11.1. Management and Miscellaneous Positions The positions of Fire Chief, Division Chief, Fire Marshal and Training Officer are deemed management positions and are included in the Management and Mid - Management salary schedules for salaries and fringe benefits. The Fire Department clerical personnel are included in the Miscellaneous Memorandum of Understanding. Page 37 11.2. Use of Fire Apparatus for Shopping Affected employees will be allowed to use fire vehicles for shopping. Affected employees shall carry a portable radio or alert device and shall remain ready to respond to any call received. If a firefighting apparatus, which includes Rescue 50, is used for shopping, one employee will, at all times, remain with the apparatus (1 -IV -26). 11.3. Physical Fitness Program The San Rafael Firefighters Association and the San Rafael Fire Department agree that physical fitness of its members is a benefit to the individual employees and the department. While ultimately the responsibility of the individual employee, Station Captains will provide time for a physical fitness program. The department will ensure that sufficient time is made available to the Captains, through their activity schedule, so that the Captains may, at times convenient to their individual companies, implement the program. The department will not require evaluations based upon this voluntary program. 11.4. Medical Standards The City will establish pre-employment medical standards for all classifications represented by the San Rafael Firefighters' Association, I.A.F.F., Local 1775. A medical standards ordinance to be applicable to Fire Department personnel in the classification of Firefighter, Engineer, and Captain will be discussed by the City and the Association and will be adopted only after mutual agreement by both parties. 11.5. Personnel Rules and Regulations The City and the Association met and conferred over a revision to the City's Rules and Regulations and agreement was reached in October of 1995. Prior to final consideration of any future, proposed amendments to these rules that constitute a change in or impacts wages, hours or terms and conditions of employment, said proposed amendment(s) shall be subject to the provisions of the Meyers-Milias- Brown (MMB) Act. 11.6. Drug and Alcohol Policy The City and the Association both support a drug and alcohol free work place and agree to continue to meet and confer over a comprehensive drug policy. It is understood that the policy will apply to all represented departmental employees and non -represented fire safety employees. Page 38 11. 7. Light Duty Policy Light duty is offered to employees with temporary medical disabilities under the following circumstances: 1. Must be medically authorized by the individual's treating physician. 2. Any and all work restrictions or modifications necessary to accommodate the employee's temporary disability must be thoroughly defined. 3. There must be actual light duty work available that can accommodate the temporary modifications. 4. This option is available to all employees whether the debilitating injury occurred on or off duty. 5. Light duty will be applied in a non-discriminatory manner. 6. All light duty assignments will consist of work, which falls within the scope of regular employment in the Fire Department, which can accommodate prescribed temporary physical limitations. Light duty assignments may include, but are not limited to, departmental work such as: dispatching, fire prevention, running supplies and administrative projects. Light duty will be the only circumstance where an employee will be required to perform duties outside of his/her job description. It is understood and agreed that light duty assignments will be confined to the Fire Department. 11.8. Association Meetings with the Fire Chief The Fire Chief and/or Staff members designated by the Fire Chief, along with the representatives of the Association, shall meet at least quarterly to discuss topics and issues of mutual concern. Meetings may be called by either party. The parties will attempt to schedule the meeting within fourteen (14) calendar days of the request for the meeting, unless otherwise mutually agreed. The parties will develop and share an agenda for the meeting at least twenty-four (24) hours prior to the date of the meeting. 11.9. Safety Committee 11.9.1. Fire Department Committee In order to promote health and safety among the Fire Department employees, a joint committee of seven (7) will be established with equal representation and authority, with four (4) employees to be designated by the Fire Chief and three (3) employees designated by the Association. This committee shall be called the Health and Safety Committee. The committee shall meet regularly at least once a month in order to review accident records and other data bearing on the employee's health and safety. The committee shall make recommendations for the correction of any undesirable conditions, which may be found to exist. Page 39 11.9.2. City -Wide Committee If the City reinstates a City wide Safety Committee, one member designated by the Firefighter's Association shall serve on this committee. 11.10. Outside Employment No regular employee shall engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible, in conflict with or inimicable to his/her duties with the City. It is the intent of this provision to exercise the authority granted by Section 1126 of the Government Code, subject to the limitations provided therein. CHAPTER 12.0. MEMORANDUM OF UNDERSTANDING LANGUAGE 12.1. Inspection of Memorandum of Understanding Both the City and the Association agree to keep duplicate originals of this Memorandum on file in a readily accessible location available for inspection by any employee or member of the public upon request. 12.2. Existing Laws, Regulations and Policies This Memorandum is subject to all applicable laws. 12.3. Strikes and Lockouts During the term of this Memorandum of Understanding, the City agrees that it will not lock out employees, and the Association agrees that it will not agree to, encourage, or approve any strike or slow down growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement. 12.4. Full Understanding, Modification, Waiver 12.4.1. Joint Representation The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. 12.4.2. Modification[Waiver Except as specifically otherwise provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto Page 40 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. 12.4.3. Effective Dates This Agreement will be in effect from July 1, 2002 through June 30, 2005. 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. 12.5. Severability If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. Page 41 SAN RAFAEL FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 1775 Kenneth NI NIL ' I/AF/Local 1775 �131 Date 20&3 CITY OF SAN RAFAEL D ryl Chandler, Chief Negotiator Ken hoff, Assistant Cit Manager 7/Mj, -3 and -5> Date he City Page 42 MEMORANDUM OF UNDERSTANDING CITY OF SAN RAFAEL SAN RAFAEL FIREFIGHTER'S ASSOCIATION List of Exhibits Exhibit Al Salary Schedule 07/01/02 Exhibit A2 Salary Schedule Pay Period 30 days after adoption Exhibit B Salary Schedule 07/01/03 Exhibit C Salary Schedule 07/01/04 Exhibit D Side Letter, Chief Officer Suppression Qualifications Exhibit E Personnel Policies and Procedures 1-V-10 Engineer Certificate Section 7.3.1. and 7.3.2. Exhibit F Personnel Policies and Procedures 1-V-09 Career Development Guide for Firefighters Section 7.3.1. and 7.3.2. Exhibit G Location Map for Residency Requirement Exhibit H San Rafael Firefighters' Association Represented Benchmark and Internal Relationships WAManagement Services- WorkFile\HR- WorkFile\Human Resources\MOU's 2002\Fire\Fire MOU 20022005.doc Page 43 C:&Y OF 1 September 25, 1995 Mr. James Lydon, President San Rafael Firefighters' Association P.O. Box 2519 San Rafael, CA 94912 Subject: Personnel Rules Letter of Agreement Dear Jim, The City Council met with its labor negotiators In closed session on Monday, 9-18-95 to discuss the unresolved issue associated with the experience qualifications for the Fire Chief officer classifications, which the City and the Association have been discussing as a part of finalizing the meet and confer process on the revised Personnel Rules and Regulations. The final proposal from the City, on this issue, as well as a summary of the second, agreed 'rules' issue, is as follows: 1. Experience qualifications of Fire Chief Officer classifications, excluding Fire Chief: A- 3 yrs, line captain experience for promotion/appointment to any current orfuture chief officer Gass that has emergency incident commander responsibilities. 2 yrs of line captain experience for acting assignment to such a position. B. No impact on the status of incumbent _chief officer employees In their current positions. C. Chief officer classifications. minus Fire Chief. include: Fire Division Chief, Fire Marshal, and Fire Training Officer. (Note: Fire Marshal and Fire Training Officer presently hold the rank of Battalion Chief.) D. The incumbent Fire Marshal remains eligible to serve as an acting incident commander. in accordance with the 11-93 arbitrated special agreement. The training program. once completed; detailed in this special agreement serves to qualify the Incumbent, as to the experience necessary. to compete for promotion to other chief officer opportunities. 2. Section 1.5 of Personnel Rules: Collective Bargaining Agreements. As per our tentative agreement dated 3-21-95. section 1.5 of the revised Personnel Rules will be changed to read: 1400 FIFTH AVE, P.O. BOX 981560, BAN RAFAEL, CA 94915-1560 Mr. James Lydon, President San Rafael Firefighters' Assn. September 25, 1995 Page 2 These rules are not Intended to supersede any provisions of an existing collective bargaining agreement_ What this means is that if any section of these Rules and Regulations is covered by a provision of collective bargaining agreement, the collective bargaining agreement shalt prevail and the parallel provisions in the Rules and Regulations shall not apply to the affected UniL In addition to the above two items, we agreed that the experience section of each of the current chief officer job descriptions Included In the Fire Department's Career Development Guide will be updated to reflect the qualifications conditions noted In # 1 of this letter. This letter constitutes the agreement of the parties, as evidenced by their slgnatures below. It is Intended that this letter shall be appended to the current Memorandum of Understanding (MOU) and shall be appended to future MOU's, unless modified by the meet and confer process set forth in Resolution No. 4027. (� L� Suzan Assistant City Manager C= Mayor and City Council Pamela J. Nicolai Robert Marcucci Daryl Chandler Dick Whitmore John Grey Al -.\F'LMFina James Lydon President, San Rafael Firefighters' Association Exhibit "E" CITY OF SAN RAFAEL CHAPTER: V FIRE DEPARTMENT OPERATIONS MANUAL SUBJECT: 10 BOOK NO. 1 ORGANIZATION CODE: 1-V-10 PAGE 1 OF 4 DATE: 1-2-89 PURPOSE: Personnel Policies & Procedures Engineer Certification REVISION DATE: 7-12-02 To provide a mechanism that will enable Fire Department members to function effectively as Engineers. POLICY: A. Department members desiring promotion to the rank of Engineer must posses a valid Engineer's Certification. B. Department members not holding the rank of Engineer and desiring to seek promotion to Captain must possess a valid Engineer's Certification. C. Engineer Certification is valid for a three (3) year period from the date of issue. D. Engineer Certification is included in the Career Development guide for Firefighter. E. Department members must complete the engine driving and rodeo phase of Engineer Certification using a stick shift transmission. F. All Department members assigned to drive an Engine or Truck Code 3 must posses a Class B drivers license. Members with Temporary Permits will not be permitted to drive on a 24-hour shift or provide relief and be compensated for out of class pay as apparatus operators. G. Engineer and Re -certification only will be offered every three months (March, June, September and November). OBJECTIVE: To provide a systematic process and course of instruction which will enable Fire Department members to function effectively in the position of Engineer. RESPONSIBILITIES: A. Platoon Commanders — Platoon Commanders will be responsible for the coordination of the Certification process by chairing the initial meeting, coordinating testing dates, and handling any difficulties arising during the Certification. Scheduling of training or evaluation will be placed in the Fire Department Monthly Activity Calendar. B. Captain — The Company Commander will function as the Candidate's Certification Coordinator, scheduling the initial meeting, signing the check -off sheet, scheduling apparatus for training with other Company Commanders, insuring instructors are available, coordinate testing dates (March, June, September, November) with the Platoon Commander. APPROVED DATE CITY OF SAN RAFAEL CHAPTER: VI Personnel Policies & Procedures FIRE DEPARTMENT OPERATIONS MANUAL SUBJECT: 10 Engineer Certification BOOK NO. 1 ORGANIZATION CODE: 1-V-10 PAGE 2 OF 4 DATE: 1-2-89 I REVISION DATE: 7-12-02 C. Training Officer— The Training Officer will provide assistance to the Company Commander upon request and participate in the testing process. If a member fails any phase of the testing process, the Training Officer will explain to the Company Commander and Candidate the area of failure and the methods to improve the Candidate's ability to satisfactorily complete Certification. D. Engineer— The Engineer will be the technical advisor to the Candidate, assisting him/her in the leaming process and providing the practical hands on training required for Certification. The Engineer will also assist in the application of fire ground hydraulics. The Company Commander will determine the degree of involvement by the Engineer. PROCEDURE: A. Upon determination that the Firefighter desires Engineer Certification, the Company Commander shall submit a written memorandum to the Platoon Commander requesting that the Certification process commence. A copy of the memorandum will be placed in the member's training folder. B. The Platoon and Company Commanders will mutually agree upon a conference date which will be attended by the Candidate, Company and Platoon Commanders, and Training Officer. During the conference, which the Platoon Commander will chair, the responsibilities and role of each Team Member will be discussed. C. The Company Commander will be responsible for notifying the Platoon Commander when the Candidate is ready to be Certified 30 days prior to hosting a quarterly Engineer Certification Evaluation. If the Platoon Commander is not notified in 30 days prior to the test date, the Candidate cannot participate in the schedule testing. D. Prior to initiating any phase of Engineer Certification training or testing, the Candidate must have in his/her possession the required Department of Motor Vehicle Instruction Permit to operate or drive any Fire Department apparatus. E. The Training Officer shall review the candidate's completed reading assignments check off sheet, and submit a memo for record identifying that the candidate is ready to proceed with the next phase of the Engineer Certification (Engineer Written Exam). F. The Platoon Commander will select a panel of Proctors consisting of the following, but not limited to the ranks or positions of Training Officer, Company Commander, Engineer and two (2) alternates who may consist of any rank Engineer or above. Proctors are not in an acting position (i.e. Firefighter acting as an Engineer or Firefighter acting as Captain). G. Engineer Certification will require satisfactory completion of seven tests each with a passing score of 80%. APPROVED: DATE: 9-4�-V2- CITY OF SAN RAFAEL CHAPTER: V Personnel Policies & Procedures FIRE DEPARTMENT OPERATIONS MANUAL SUBJECT: 10 Engineer Certification BOOK NO. 1 ORGANIZATION CODE: 14-10 PAGE 3 OF 4 DATE: 1-2-89 REVISION DATE: 7-12-02 H. The first test taken must be written in a proctored setting and scheduled. The Driving Test will include a rodeo, pre -trip inspection and practical driving over City streets of both Engine and Truck 55. During the driving test the Candidate must demonstrate his/her ability to operate both automatic and standard stick shift transmissions. A standard stick shift transmission must be used when completing all phases of the Engine Driving Test, i.e., pre - trip, rodeo and driving test. The Candidate will have the option of selecting the Engine and Truck 55 to be used during Certification, but as indicated above, the engine must be a stick shift. The pre -trip inspection will be conducted prior to the practical (road) test for Engine and Truck. This inspection is as required by the California Commercial Drivers License Program. The Candidate must obtain a California Commercial Driver's Class B License as part of the certification process. The candidate must have this license before certification will be issued. K. The Candidate will also have the option of selecting the engine of his/hers choice during the driving and pump operation test. Truck 55 operation testing will include 5 test objectives with the aerial. CRITERIA: A. Failure of any one of the seven tests will require re-examination of the test the Candidate failed. The Candidate must wait until the next testing period before retaking the failed test. Failure to satisfactorily complete the test the second time will require that the Candidate wait six (6) months before retaking the failed test. Written notice will be sent to the Candidate indicating their satisfactory completion or failure for each test the Candidate had participated in. B. The Candidate will have the option to withdraw from the Certification process at any time during the testing procedure. C. Unusual circumstances may develop where, because of mechanical failure of a specific piece of apparatus, weather conditions, Department activity or excess emergency incidents, where a Candidate cannot complete Engineer Certification through no fault of his/her own. In these situations a time extension may be granted by the Fire Chief with no loss in pay to the Candidate. The Platoon and Company Commanders will determine the specific length of the time extensions, with the Fire Chief's concurrence. The revised schedule/time extension shall be through written memorandum to the Candidate and Company Commander from the Training Officer. D. Written notice will be sent to the Candidate indicating his/her satisfactory completion or failure of the certification process. E. The sequence/order of Engineer Certification will be: APPROVED: DATE: �'� CITY OF SAN RAFAEL CHAPTER: V Personnel Policies & Procedures FIRE DEPARTMENT OPERATIONS MANUAL SUBJECT: 10 Engineer Certification BOOK NO. 1 ORGANIZATION CODE: 1-V-10 PAGE 4 OF 4 DATE: 1-2-89 REVISION DATE: 7-12-02 a. DMV Permit b. Engineer Reading Checklist C. Engineer Written Test d. Engine Company Rodeo e. Truck Company 55 Rodeo f. City Driving Test g. DMV Class B Drivers License h. Pump Cut -Away i. Pump Operations j. Aerial Ladder F. The Candidate must posses Class B Drivers Permit (with Standard Transmission Endorsement), he/she will then proceed with the Engineer Reading Assignment Checklist. RECERTIFICATION: Recertification will be valid for a three (3) year period. Department members desiring recertification must recertify within twelve (12) months from the date of expiration of their Certification, or they will be required to complete the entire Engineer Certification process. The recertification shall consist of the following phases of the Engineer Certification process: ■ City Driving Test ■ Engine and Truck 55 Rodeo ■ Truck 55 Operations ■ Engine Pumping Operations ■ Written Test A. The City Driving Test will include a rodeo for both Engine and Truck 55, pre -trip inspection and practical driving over City streets. In lieu of the practical driving test, a written memorandum from the Candidate's Captain indicating that during the past six (6) months the Candidate has demonstrated, to the satisfaction of the Captain, that he/she can drive both Engine and Truck 55 will suffice. B. During the rodeo phase of the recertification, the Candidate will have the option of selecting the specific Engine and Truck 55 will be the apparatus of choice that will be used during the rodeo phase of the testing. The Engine must be equipped with a standard transmission. C. During the Truck operation phase, the Candidate must demonstrate competent and proficient skills on all phases of the aerial evaluation. D. In lieu of a practical pumping test, a written memorandum from the Candidate's Captain indicating that during the past six (6) months the Candidate has demonstrated that he/she has satisfactorily pumped at drills, proficiency indexes, emergency incident, etc. will suffice. NOTE: A written memorandum format will be located in the Training Division. APPROVED:6�// DATE: �� :EXHIB;T "f" CITY OF SAN RAFAEL CHAPTER: V FIRE DEPARTMENT OPERATIONS MANUAL SUBJECT: 9 BOOK NO. 1 ORGANIZATION CODE: 1-V-9 PAGE 1 OF 2 BATE: 1-2-89 PURPOSE: Personnel Policies & Procedures Career Development Program for Firefighter REVISION DATE: 11-2-00 To provide for the systematic development of a Firefighter through his/her recruit training program to their top step salary range. POLICY: A. The three (3) year Career Development Program will be integrated into the salary step increase for each year. B. Requires that the Firefighter satisfactorily complete each distinct developmental phase in addition to the probationary period before receiving his/her yearly salary step increase. C. In addition to the probationary recruit training period, the Firefighter will be required to complete: 1. Engineer Certification. 2. Fire Prevention Certification. OBJECTIVE: Through the Career Development Program, Firefighters will be able to obtain and possess the intrinsic knowledge necessary to become a productive member of an Engine Company and provide the Company Commander with the technical resources needed to function in a complex profession. RESPONSIBILITY: A. Refer to Engineer Certification Policy. B. Refer to Fire Prevention Certification Policy. RECRUIT ORIENTATION: During the Recruit Orientation, the Career Development Program will be explained in depth to the newly hired member(s) and his/her responsibility in completing the three year program. Following satisfactory completion of the one year probationary period, the Firefighter will again be reminded of the Career Development Program and their obligation to complete Engineer and Fire Prevention Certification in their second and third year. The Firefighter will have the choice of selecting Engineer or Fire Prevention Certification in their second year; but, must have completed both Certifications at the conclusion of their third year. APPROVED:�p!% DATE: CITY OF SAN RAFAEL FIRE DEPARTMENT OPERATIONS MANUAL BOOK NO. 1 ORGANIZATION PAGE 2OF2 PROCEDURE: CHAPTER: V Personnel Policies & Procedures SUBJECT: 9 Career Development Program for Firefighter CODE: 1-V-9 DATE: 1-2-89 REVISION DATE: 11-2-00 A. At the completion of the probationary period, the Firefighter will initiate either Engineer or Fire Prevention Certification. Upon completion of either Engineer or Fire Prevention Certification at the conclusion of the second year, the Firefighter will initiate the Certification process not selected during the second year. B. Firefighter/Paramedics, because of the varied assignments, will be governed by a revised program. Paramedics will need to complete the twelve month probationary material within an eighteen month period, but will complete their probationary period in twelve months, based on an evaluation completed by their Company Commander and Base Hospital Emergency Room staff. During the next phase of their Career Development process, the Paramedic can either choose Engineer Certification, an 18 month process, or Fire Prevention Certification, a 12 month process. What Certification is not selected during the second phase of the Career Development process, must be completed in the third phase. ENGINEER CERTIFICATION PROCESS: A. Upon determination that the Firefighter desires Engineer Certification, the Company Commander shall submit a written memorandum to his Platoon Commander requesting that the certification process commence. A copy of the memorandum will be placed in the member's training file. B. Refer to Engineer Certification Policy. FIRE PREVENTION CERTIFICATION:, A. Upon determination that the Firefighter desires Fire Prevention Certification, the Company Commander shall submit a written memorandum to the Platoon Commander requesting that the Certification process commence. The purpose of Fire Prevention Certification is to enable the Firefighter to develop an awareness of the Building and Uniform Fire Code and other Fire Prevention matters as they relate to the Company Inspection Program. B. 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Atwater PA Few STARF L�' 6 RESnFASON 21 140 10 A Morg TO aavonrlarl ••Felto4. n Z NJ 'k AIR WACEDNAFt SAT Santo rion �Gus i REFUGE uel 15 33 §oq 14 I7 I SAN RAFAEL FIREFIGHTERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING EXHIBIT "H" Equivalent Job Classes: Deputy Fire Marshal and Fire Captain Fire Prevention Inspector and Fire Engineer Other Represented Job Classes: Fire Mechanic Benchmark Job Class: Firefighter** Internal Relationship: Fire Dispatcher = Firefighter — 10% (base salary)* *Fire Dispatcher internal relationship is established July 1, 2003 **Firefighter is identified as the benchmark job class for compensation survey purposes. Under the current system any increase granted to the Firefighter would also be granted to other job classes and specifically, the differential of Firefighter to Fire Dispatcher shall be considered. Note: This exhibit is used to display salary relationships, the MOU document itself must be reviewed to see specifics of compensation changes.