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Home My WebLink AboutHR MOU Fire Chief Officers 2013• 'Agenda Item No: 3 i Af t. Meeting D. August 19, 2013 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department.- Management Services Prepared by: Anil Comelo, HR Director City Manager Approval: SUBJECT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL FIRE CHIEF OFFICERSASSOCIATION (JULY I 2013 THROUGH JUNE 30,2014) I I I I J '111i 1---11 jr, 1111 iq�� 11 V= WOR, BACKGROUND: Since 2008, the City of San Rafael has had to make significant budget balancing decisions to deal with the impacts of the national recession. Some of the person nel-related steps taken t help address the City's deficit include work furloughs and/or pay reductions, an early retirement program, a hiring freeze, layoffs and other actions. Most employees have participated in concessions for the last four years. These concessions were negotiated and agreed to with the bargaining units in an effort to reduce costs during years of significant budget deficits. For the last two years, employees in this bargaining group have participated in concessions equal to a 4% reduction in Total Compensation. The most recent MOUs expired on June 30, 2013. For the past several months, representatives of the City and SRFCOA met in good -faith and worked diligently to negotiate a new labor MOU. Both sides recognized the impact of the recent recession on the City's finances as well as the concessions agreed to by City employees. The resulting labor agreement addresses several important issues and does not include a salary increase during this one year agreement. However, the agreement provides a modest increase in benefits. ANALYSIS: The following reflects highlights of the tentative agreement of the City and SRFCOA for the one-year contract that is consistent with the guidelines authorized by the City Council. 1. Term of the Agreement: July 1, 2013 through June 30, 2014. 2. Salary Increase: There will be no salary increase for job classes represented by this bargaining group during the term of this MOU. 3. P e n si" o n: Bargaining group members shall pay an additional 1 % of pensionable compensation towards pension on a pre-tax basis. SRFCOA also agree to participate in discussions with City representatives on pension issues during the term of this contract FOR CITY CLERK ONLY File No. - Council Meeti*ng.- C /3 Dlisposiffliom. 4. Deferred Compensation: The City will make a monthly contribution of 0.83% of base salary to a deferred compensation plan. 5. Cafeteria Benefits: The SRFCOA will receive the fllwin•increases tthe Cafeteria plan. Effectiv the September 30th paycheck, the flex dollar allowances will increase as follows: i oog o From To "M -For employees only: $ 765.50 $ 889.8S - -or employee + 1 $ 765.50 $ 889.89 - 'or family $ 765.50 $ 889.89 Effective the December 15th paycheck, the flex dollar allowances will increase as follows: From To For employees only: $ 889.89 $ 943.29 For employee + 1 $ 889.89 $ 943.29 For family $ 889.89 $ 943.29 The City will contribute an additional amount of $130 toward medical costs each month from January 2014 to June 2014. FISCAL IMPACT: The agreement will result in a Total Compensation increase of approximately 0.6% ($5,065) for the one year agreement. OPTIONS: • Approve the Resolution to implement the above recommendations. • Request changes to the recommendations. • Direct staff to develop alternatives to the recommendations. F♦TreMOO a" ATTACHMENTS: Resolution Regarding the Requested Actions. MCU between City of San Rafael and SRFCOA for July 1, 2013 to June 30, 2014 (and all attachments) RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING • COMPENSATION 1 lND WORKING ' SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION (JULY 11 2013 THROUGH ! impactsY 2014) WHEREAS, the CITY has had to make significant budget balancing decisions to deal with the of ! • and WHEREAS, the City of San Rafael and representatives of SRFCOA have met and conferred in •••i faith with regard to wages,! i working conditions in accordance the provisions of i • 1 and WHEREAS, both sides recognize the impact of the recent recession on the City's finances as well .. s the concessions agreed to by City employees over the past several years; and 111AEREAS, a Memorandumof i" • ! pertaining to the one ". period fro July 1, 2013 through June 30, 2014 is scheduled to be ratified on August 15, 2013. THEREFORE, ` ' ` ` SectionEL DOES 7!oxESOLVE, DETERMINE AND ORDER AS FOLLOWS: From • after the dateof adoption of Resolution, City of Rafael and San Rafael Fire Chief Officers' Association shall utilize the Memorandum of Understanding for the period beginning July 1, 2013, attached hereto, as the official document of reference respecting compensation and working conditions for employees represented by SRFCOA. Section 2: The schedules describing classes of positions and salary ranges are attached to said Memorandum of Understanding and, together with the Memorandum of Understanding • adopted • shall • " attached hereto and incorporated in vote,1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 1 9th of August, 2013, by the following • AYES- i • "Colin,i • !111111111111111 1 .. i 1* • Q. • •"NoCne Esther C. Beirne, City Clerk 11 � in A -,T� 1401 Z, 1 ! ! A N A LX ! 1 „ 1Vi► �` 1 1 JULY ly 2013 lit"Al :14 0 0 k IGENERAL PROVISIONS ............................................................................................................. 4 1.1 INTRODUCTION .................................................................................................................................... 4 1. 1. 1 SCOPE OF AGREEMENT .................................................................................................................. 4 1. 1. 2 TERM OF MOU ................................................................................................................................ 4 1.2 RECOGNITION ..................................................................................................................................... 4 1.2.1 BARGAINING UNIT ........................................................................................................................... 4 1. 2.2 AVAILABLE COPIES .......................................................................................................................... 5 1. 2.3 CITY RECOGNITION ......................................................................................................................... 5 1.2.4 EmpLo YEE REPREsENTA TI VES...................................................................................................... 5 1.3 DISCRIMINATION ................................................................................................................................. 5 1. 3. 1 IN GENERAL ..................................................................................................................................... 5 1.3.2 ASSOCIATION DISCRIMINATION...................................................................................................... 5 1.4 INSPECTION OF MEMORANDUM OF UNDERSTANDING ...................................................................... 5 1.5 EXISTING LAWS, REGULATIONS & POLICIES ................................................................................... 5 1.6 STRIKES & LOCKOUTS ....................................................................................................................... 5 1.7 SEVERABILITY ..................................................................................................................................... 6 1.8 PREVAILING RIGHTS ........................................................................................................................... 6 1.9 MANAGEMENT RIGHTS ....................................................................................................................... 6 1.10 FULL UNDERSTANDING, MODIFICATION, WAIVER ......................................................................... 7 1. 10. 1 MODIFICATIONIWAIVER................................................................................................................ 7 1.10.2 EFFECTIVE DATES........................................................................................................................ 7 1. 10. 3 JOINT REPRESENTATION .............................................................................................................. 7 2 MMBA .................................................................................................................................................. 7 2.1 DUES DEDUCTION .............................................................................................................................. 7 2.2 RELEASE TIME .................................................................................................................................... 8 3 COMPENSATION ........................................................................................................................... 8 3.1 GENERAL WAGES & COMPENSATION .............................................................................................. 8 3.1.1 COMPENSATION GOAL& DEFINITIONS .......................................................................................... 8 3.1.2 COMPENSATION SURVEYS ............................................................................................................. 9 3.2 SALARY STEP INCREASE ................................................................................................................... 9 3.3 PAY CHECK DATES ............................................................................................................................ 9 3.4 ADDITIONAL PAY ................................................................................................................................ 9 3.4.1 EDUCATION INCENTIVE PROGRAM ................................................................................................. 9 3.4.2 UNIFORM ALLOWANCE .................................................................................................................. 10 3.4.3 BOOTALLOWANCE .............................. 0 ....... * ....................................................... # .............. * .......... 10 4 BENEFITS ........................................................................................................................................ 10 4.1 JOINT BENEFITS COMMITTEE .......................................................................................................... 10 4.2 HEALTH &WELFARE ....................................................................................................................... 10 4.2. 1 FULL FLEx CAFETERIA PLAN ........................................................................................................ 10 4.2.2 RETIREE'S HEALTH INSURANCE ................................................................................................... 11 4.2.3 CONTRIBUTIONS INTO A RETIREE HRA ....................................................................................... 11 4.2.4 DEFERRED COMPENSATION PLAN ............................................................................................... 11 4.2.5 FLEX113LE SPENDING ACCOUNT FOR HEALTH AND DEPENDENT CARE REIMBURSEMENT (125) .............. 12 4.3 LIFE INSURANCE ............................................................................................................................... 12 4.4 DENTAL PLAN ................................................................................................................................... 12 4.5 RETIREMENT ..................................................................................................................................... 12 4.5.1 CITY PAID EmpLo YEE RETIREMENT ............................................................................................. 12 4.5.2 RETIREMENT PLANS ...................................................................................................................... 12 4.5.3 MEMBER COST OF LIVING RATES ................................................................................................ 13 SRFCO MOU 2013-2014 E* LEAVES .................................................................................................................................... 13 5.1 SICK LEAVE ............................................................................................................................ 13 5.1.1 POLICY STA TEMENT...................................................................................................................... 13 5.1.2 ADMINISTRATION OF SICK LEA VE.. ............ 13 5.1.3 SICK LEA vE ACCRUAL ................................................................................................................... 14 5.1.4 SICK LEA VE SERVICE CREDIT OPTION ........................................................................................ 14 5.1.5 SICK LEA vE PA YoFF ..................................................................................................................... 14 5.2 VACATION LEAVE........ ......... *.* ........ 0 ... *.* ... 0.0* .... ..... # ................... # ... # ... ..... 0.0 ........... 14 5.2.1 POLICY STATEMENT ...................................................................................................................... 14 5.2.2 RATE OF ACCRUAL ........................................................................................................................ 14 5.2.3 ADMINISTRATION OF VACATION LEA vE ............. **.*** ........ # .... ** ... * ... o ....... * .... .... *.* ..... *..* .... * ....... 15 5.2.4 VACATION ACCRUAL CAP .... o ........................................................................................................ 15 5.2.5 ONE—TIME VACATION BUY —DowN ..................................................................... oo ........... o ............. 16 5.2.6 VA CATION PAYOFF ................................................................................... o..o ....................... o ......... 16 5.3 HOLIDAYS .... o..o ...................................... o ........... ................................................................. 16 5.3.1 DAYS OBSERVED ......... ............... .................. *..* ......... *..* .... t..... o. o. if. 16 5.3.2 HOLIDA Y PA Yo o ..................................... 00* ... 0 ... 0 ... ................. * ..... * ....... * ....... *. o. 17 5.4 OTHER LEAVE ............o .......... o ....................................................................... o ................................... 17 5.4.1 ADMINISTRA TI VE LEA vE ........ o ... o ........................................................................... o.000 ................... 17 5. 4.2 BEREAVEMENT LEA vE .... o .......... o ..... o o o ... o ..... o .... o .................................. o .................... o ........ o..o ....... 17 5.4.3 JURY DUTY ............. o .......................... o .......................... o ................................................................ 17 5.4.4 WORKERS COMPENSATION LEA VE ........................... o .... o .......... o .......... o ....................................... 17 5.4.5 MILITARY LEA vE ............ o ....................................................................... — ............. o ............... o ......... 18 5.4.6 LEA VE OF ABSENCES WITHOUT PA Y ............................................................................ o .............. 18 5.4.7 FAMILY MEDICAL LEA VE ... o . o ...................................................................................... o .................. 18 5.4.8 CATASTROPHIC LEAVE ..... o ..... o ...... o ....................... o ........................................................ o.o .......... o. 18 5.4.9 ABSENCE WITHOUT AUTHORIzED LEA VE .......... o ..... o ................................................................. o.18 6 TERMS & CONDITIONS OF EMPLOYMENT. ................................... o ...... o .... o o o ..... o ........... 18 6.1 WORK WEEK... ................................................ o ....................................................................... o ........ 18 6.2 HOURLY RATE ........................ o ........... o ........................................................................... o ....... o .......... 19 6.3 OVERTIME ................................ o ......................... o .................. o ..... o ................................. o ................... 19 6.4 SPECIALTY ASSIGNMENT. ... o ..... — ....... o— ......................................................... o . o............ o........ o....... 19 6.5 SELECTION ............................. o . o .................... o ................ o ...................................... o ...... o .................... 19 6.5.1 SELECTION PROCESS .... o ....................................................................................... o...................... 19 6.5.2 REFERRAL PROCESS.. ............................................................... o ................ o ................................. 19 6.5.3 BATTALION CHIEF QUALIFICATIONS .............................................. o .................................... o ......... 19 6.6 PROBATIONARY PERIOD .................................................. o ....... o ........................................ o .... o ......... 20 6.6.1 PURPOSE OF PROBATION .............. o ................... o ................... o ............................. o ..... o ................. 20 6.6.2 LENGTH OF PROBATIONARY PERIOD ........................................................................................... 20 6.6.3 REJECTION DURING PROBATION ................ o .......... o ...................................................................... 20 6.6.4 E. TEN OF PROBATIONARY PERIOD ............................................. o ....................................... 20 6.6.5 No TIFICA TION OF EXTENSION OR REJECTION ......... o ................................................................... 20 6.6.6 REGULAR STATUS.. ............................. o ......................................................................................... 20 6.6.7 PROMOTION OF PROBATIONARY EMPLOYEE................................................................................ 20 6.6.8 UNSUCCESSFUL PASSAGE OF PROMOTIONAL PROBATION ...... o ...........................o......................2 6.7 PERSONNEL RULES & REGULATIONS ............................................................................................. 21 6.7.1 DRUG & ALCOHOL POLICY ..................................................................................... o ....... o............. 21 6.7.2 OUTSIDE EMPLOYMENT POLICY ..... o ............................................................................................. 21 6.7.3 TEMPORARY LIGHT (MODIFIED DUTY POLICY STATEMENT ....................................................... 21 6.7.4 No SMOKING TOBACCO USE POLICY .......................................................................................... 21 6.7.5 MEDICAL STANDARDS ................................................................................................................... 21 6.8 MISCELLANEOUS ................................................................. o ............................................................ 21 IN SRFCO MOU 2013-2014 6.8. 1 RETURN OF CITY EQUIPMENT ......................................... 0 .............. 0 .. moo* ...................................... 21 6.8.2 POLITICAL ACTIVITY ...................................................................................................................... 21 6.8.3 STAFFING LEVELS ......................................................................................................................... 21 6.8.4 CAREER DEVELOPMENT PROGRAM ............. .......... 7 PROCEDURES ....rot............................ 0 ....... 0 .............................................................. 0 . 0 ........ .*00*.o 7.1 DEMOTION & SUSPENSION ........... moo .................................................................... o ........................... 22 7. 1.1 DEMOTION ................... o .............................................................................................................. o.o2 2 7.1.2 SUSPENSION ........................................................................................................................... o ...... 22 7.2 TERMINATION OF EMPLOYMENT ...................................................................................................... 22 7.2. 1 REsIGNA TION .......................................... o ............................................................. o ....................... 22 7.2o2 TERmiNA Tim/ DEmo TION — LACK OF WORK OR FUNDS ..................................................... 7.2.3 TERmINA TION — DISCIPLINARY REASONS.. ................................................................................... 22 7.2.4 TERMINATION — PROBATION ................................................................. o ........................................ 23 7.2.5 RETIREMENT ................. .. r .o.**** .......................... 0.0 ...... 0 .... ....... .... # ..... ... moo .... #..#... .*23 7.3 DISCIPLINARY ACTION..... ................ # .... # ............. ........ # ..................................... * ......... *.0400..23 7.3.1 AUTHORITY .................................................................................................................................... 23 7.3.2 DEFINITION ................ o .................... o ........................................ o ............... o ......... o .... o ...................... 23 7.3.3 CAUSES FOR DISCIPLINARY ACTION ............................. o .............................................................. 23 7.3.4 APPEALS ......... o ........... *.**.* ........................................... o ... # ................................ o....... o............. o..*.*. 24 7.3.5 PROCEEDING HEARD BY CITY MANAGER ............................ 0 ........................ 0 ..... 0 ...... 0 ................. 24 7.3.6 CITY MANAGER AND ARBITRATION ...................... o ............. o . . o o ............................................... o..o..24 7.4GRIEVANCE PROCEDURE ..... o ............. o .......................... o .................................................................. 24 7.4.1 DEFINITION...... .................................... o ....................................... o ................................................. 24 7.4.2 INITIAL DISCUSSION .......................................... oo ................................................. o ...... o ................. 25 7.4.3 REFERRAL TO CITY MANAGER ............................................ o ................................................. o .... o.25 7.4.4 CITY MANAGER AND ARBITRATION ................... o .......................................................................... 25 7.5 FURLOUGH PROGRAM ................................................................................................... o ................. 25 7.6 REDUCTION IN FORCE ...................................................................................... o...o ....... o ... o ........ o ...... 25 7.6.1 AUTHORITY .................................................................................................... o ................. ......fess.... 25 7.6.2 NOTICE ...... o ...... oo ..... ............................... 6 ................... o ............... o ...... moo ..... o ...... ... # ....25 7.6.3 ORDER OF LAYOFF ......................................................................................................................... 26 7.6.4 SENIORITY ...................................................... o . o ........ o .......... o ........... *.moo ............................. # ...... oo.26 7.6.5 BUMPING RIGHTS ......................................... o ............... o ................................................................ 26 7.6.6 TRANSFER RIGHTS ....................................... o ...... o ......................................................................... 26 7.7 YM ........................................................................................................................... RE-EMPLO.. 26 7.7.1 GENERAL GUIDELINES .......................................................................................... o ....................... 26 7.7.2 RIGHT To RE—EMPLOYMENT .........................................................................................................26 7.7.3 TIME MITS .................................................... o .............................................................................. MMI 27 7.7.4 .................................................................................................................... r. o.......... 27 7.7.5 PROBA TIONA R Y STA TUS ............................................................................................................... 27 7.7.6 RESTORATION OF BENEFITS .......................................... o .............................................................. 11% /, NA16*11 Exhibit A Salary Schedules for July 1, 2013 — June 30, 2014 Exhibit B Furlough Plan 3 SRFCO MOLD 2013-2014 .VlEMOR1r%D111M OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Section 3500, et seq. the Government Code of the State of California). The San Rafael Fire Chief Officers' Association and representatives of the City of San Rafael have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in said representative unit, and have freely exchanged information, opinions and proposals, and have reached an agreement on all matters relating to the employment conditions and the employer-employee relations of such employees. This Memorandum of Understanding shall be presented to the City Council of the City of San Rafael as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 2013 and ending June 30, 2014. When ratified by the City Council, this Memorandum of Understanding shall be binding upon the San Rafael Fire Chief Officers' Association, the employees it represents, and the City of San Rafael. 5.1 INTRODUCTION Scope of Agreement The salaries, hours, fringe benefits and working conditions set forth have been mutually agreed upon by the designated bargaining representatives of the City of San Rafael (herein -after callelt' and the San Rafael Fire Chief Officers' Association (herein -after called "ASSOCIATION") and shall apply to all employees of the City working in the classifications and bargaining unit set forth as follows: In accepting employment with the City of San Rafael, each employee agrees to be governed by and to comply with the City's Personnel Ordinance, City's Personnel Rules and Regulations, City's Employer -Employee Resolution, City's Administrative Procedures, and Fire Department Rules and Regulations, General Orders and Procedures. 1.1.2 Term of MOU This agreement shall be in effect from July 1, 2013 through June 30, 2014. 1.2 RECOGNITION 1.2.1 Bargaining Unit City hereby recognizes Association as the bargaining representative for purpose of establishing salaries, hours, fringe benefits and working conditions for all employees within the San Rafael Fire Chief Officers' Association Bargaining Unit which includes the following - a. Battalion Chief 4 SRF CO MOU 2013-2014 R 1.7 SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal or competent Jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall, if possible, enter into meet and confer sessions for '-he sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. 1.8 PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinances or resolutions, which are not specifically superseded by the M.O.U., shall remain in full force and effect throughout the term of this Agreement. 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: W 1W 4W Awr 1w 1v W all Zo elk a# i 4W 1w 1W # 9 W 6 SRFC MOU 2013-2014 15. To determine policies, procedure and standards for selection, training and promotion 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 an 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. 7 SRFCO MOU 2013-2014 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 i designated in writing by the Association as the person authorized to receive such funds, at the address specified. D. The employees earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When an employee is in a non -pay status for an entire, pay period, no withholdings will be made to cover that pay period from future earnings, nor will the employee deposit the amount with the City which would have been withheld if the employee had been in a pay status during that period. In the case of an employee who is in a non -pay status during a part of the pay period and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other required deductions have priority over the employee organization deduction. E. The Association shall file with the City an indemnity statement wherein the Association shall indemnify, defend, and hold the City harmless against any claim made and against any suit initiated against the City on account of check -off of Association dues, assessments and other payments to the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. 2.2 RELEASE TIME The City shall allow a reasonable number of Association members time off without loss of compensation or other benefits when formally meeting and conferring with representatives of this City on matters within the scope of representation. Reasonable time off without loss of compensation or other benefits shall also be granted to members of the Association to participate in and prepare for grievances. 3 COMPENSATION 3.1 GENERAL WAGES & COMPENSATION There shall be no salary increases during the term of this Agreement. It is the goal of the City Council to try to achieve a total compensation package for all employees represented by the Association in an amount equal to the following - 1 The average, plus one dollar, of the total compensation paid to the same or similar classifications in the following ten (10) cities/districts: Alameda, Alameda County, Fairfield, Hayward, Napa, Novato Fire District, Santa Rosa, Southern Marin Fire District, and South San Francisco, Vallejo; and, SRFCO MOU.21013-2014 9 SRFCO M 2013-2014 AS 0! 0 0 0 0 0 0 0 4 0 0 0 0. 0 0 0 0 0 A Ab AS Ah 4W 0 0 or W 00— 0 0 0 0 0 !# 0- 0 0 0— A IWGIMIIMMi 0 0 W 0 0 9-0— o— 0 0 0 0 0 0 B-0— 0 0 0 A A 0ii 0 0 0 0 0 0 ,.## 0 0 00 0 0 0 0 0 0 0 4► T 0 W 1 0 0 0 0 0i i 0 0— 0 W 0 W 0 0 4W 0 —0 0 0.1 0 40 00 0 0 0 0 0i ii i 0i 0 0 0 0 -0 0 If an employee has health insurance coverage throurlh a spouse/dependent or a former tf employer and provides proof of this coverage to the Human Resources Department, the employee may elect to waive the City's health insurance coverage and elect to use flex dollars in accordance with the terms of the cafeteria plan. 10 SRFCO MOU 2013-2014 Effective January 1, 2010, the City shall •- responsible for paying premiums for a life insurance and Accidental Death and Dismemberment (AD&D) policy for each employee. The life and AD&D policy shall provide a $5,000 life insurance and a $5,000 AD&D benefit. Members of the Chief Officers Association may choose to subscribe to a long term disability (LTD) plan other than that offered by the City, with prior authorization of the Human Resource. - Director, as long as there is no cost to the City. I 4.2.2 Retiree's Health Insurance Employees represented by the Association who retire from the Marin County Retirement System, subject to Marin County Employee Retirement Association procedures and regulations and applicable 1937 Act laws that govern such plans, are eligible to continue in the City's retiree group health insurance program offered through PEMHCA. The City's contribution towards retiree coverage shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. fi�� I I I pi q I REM The City shall make a monthly longevity payment into a Retiree Healthcare Reimbursement Trust (Retiree HRA Trust) on behalf of employees hired before January 1 1 2010 and who retire from the City of San Rafael as described in this Section. The City's monthly contribution to the Retiree HRA trust shall be the difference betwee the premium cost of coverage for any two party rate minus the PEMHCA minimum contribution. The City's total payment (PEMHCA minimum contribution plus cost of retiree premiums) shall not exceed $557 per month. The City's contribution towards a retiree's Retiree HRA Trust account shall continue for the lifetime of the retiree and retiree's spouse, in accordance with PEMHCA eligibility provisions for coverage. I B. Employees hired by the City on or after January 1, 2010 and who meet the eligibility requirements for retiree health insurance are eligible to continue in the City's group health insurance program. The City's maximum contribution towards retiree coverage under this subsection shall be the PEMHCA minimum contribution as determined by CalPERS on an annual basis. The City shall not be responsible for making any contributions towards the cost of coverage of the retiree's spouse, registered domestic partner, or dependents upon the employee's retirement from the City. For employees hired after January 1, 2010, the City shall contribute 2% of top step Firefighter salary into a Retiree HRA and the employee shall also contribute 2% of top step Firefighter salary into the same account. In the event an employee's salary is not sufficient to contribute thi 2%, no City or employee contribution will be made until such time as the salary is able to make the contribution. This contribution will occur each pay period beginning the month after the employee has been hired and will be open for negotiations at the end of the term of this contract. 4.2.4 Deferred Compensation Plan Over the course of this Agreement, the City will provide up to two deferred compensation plan providers, as allowed under the Internal Revenue Code Section 457. Participation in a plan is voluntary and the administrative fees to participate in the plan are the responsibility of employees. SRECO MOU 2013-2014 The City will make a monthly contribution of 0.83% of base salary to a deferred compensation plan. 4.2.5 Flexible Spending Account for Health and Dependent Care Reimbursement (125) The City will continue to offer a Section 125 Plan pursuant to the IRS Code. City shall establish annual enrollment period for the Section 125 Plan and each employee must re -enroll if he/she wishes to participate in the Section 125 Plan for the following calendar year. City shall have the authority to implement changes to the 125 Programs to comply with changes in applicable IRS laws without having to go through the meet and confer process but agrees to coordinate all changes through the Employee Benefits Committee. 4.3 LIFE INSURANCE The City will pay the full premium cost for enrollment in the group term insurance plans for employees represented by this bargaining unit. The basic plan provides $5,000 worth of group term life insurance; the supplemental plan provides a group term life insurance policy equal to one times the employees' base annual salary. 4.4 DENTAL PLAN A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care; $25.00 deductible on corrective care (80/20 cost sharing after deductible) per calendar year per person, with a $75 deductible limit per family; and orthodontic care (50/50 cost sharing). B. !r plan shall provide for an 80/20 cost sharing for basic services such as casts, crowns and restorations. Major services such as bridgework and dentures are covered using a 50/50 cost sharing formula. C. The City will pay the entire premium cost for such a dental plan and shall pay the entire cost for any premium rate increases occurring during the term of this agreement. The City will add the full cost of the dental premium as a paid benefit by the City to the Full Flex Cafeteria Plan enrollment form. D. The calendar year benefit for each eligible, enrolled member is $1,500 per calendar year. Orthodontic benefits remain unchanged, and are limited to those dependents up to the age of 19 and subject to a $1,000 per person, per lifetime benefit. K;.5 RETIREMENT 4.5.1 City Paid Employee Retirement Bargaining unit members shall pay the full share of the employee's contribution to the Marin County Retirement System. Employees represented by this bargaining group who retire from the City of San Rafael within 120 days of leaving City employment (excludes deferred retirements), shall receive employment service credit for retirement purposes only, for all hours of accrued, unused sick leave (exclusive of any sick leave hours they are eligible to receive and they elect to receive in compensation for at the time of retirement, pursuant to Section 4.5.2 Retirement Plans The City shall provide the Marin County Employee Retirement Association 3% at 55 retirement program to all safety members, as defined under the 1937 Act Government Code Section I 12 SRFS O MOS 2013-2014 S1FCO MOU 2013-2014 MUM Vacation benefits shall accrue during the probationary period. Each regular full time employee (part time regular are prorated) shall accrue vacation at the following rate for continuous service- Forhour per week employees 1 5 Years 15 days or 112.5 hours 0 4.69 hours AW 16 days or 120 hours 5.00 hours 7 Years 17 days or 127.5 hours 5.31 hours 18 days or 135 hours 5.63 hours .W 19 days or 142.5 hours 5.94 hours 10 Years 20 days or 150 hours 6.25 hours 21 days or -157.5 hours 6.56 hours 22 days or 165 hours 6.88 hours 14 SRFCO MOU 2013-2014 13 Years 23 days or 172.5 hours 7.19 hours 24 days or 180 hours 7.5 hours 25 days or 187.5 hours---- 7.81 hours The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits tis, any eligible employee, except that if the employee leaves City employment before accruing the used vacation leave said employee will reimburse the City for the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employee's accrual unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Fire Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. Vacation Accrual Cap -At any time during each calendar year employees will be limited (capped) in the number of vacation hours they can accrue. No employee may accrue more than 250 hours for 37.5 hour per week employees and 396 hours for 56 hour per week employees. Vacation accruals will resume once the employee's 2,ccumulated vacation balance falls below the allowable cap limit. Employees may, for special situations (i.e., extended medical leave) request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request and be consistent with the provisions of the MOU. This additional vacation accrual could not exceed 15 SRFCO MO U 201.3-2014 7.5 shifts or 180 hours 8 shifts or 192 hours 8.5 shifts or 204 hours 9 s-h-i-fts or 216 hours ----------------------- 9.5 shifts or 228 hours 9.5 hours 10.0 shifts or 240 hours ® 10.5 shifts or 252 hours 10.5 hours 11 shifts or 264 hours 11. 5 shifts or 276 hours 11.5 hours 12 shifts or 288 hours 12.5 shifts or 300 hours The City Manager, upon the recommendation of the Fire Chief, may advance vacation credits tis, any eligible employee, except that if the employee leaves City employment before accruing the used vacation leave said employee will reimburse the City for the advanced vacation leave. In recognition of exempt status from FLSA, time off for vacation leave purposes shall not be deducted from the employee's accrual unless the employee is absent for the full work day. The time at which an employee may use his/her accrued vacation leave and the amount to be taken at any one time, shall be determined by the Fire Chief with particular regard for the needs of the City, but also, insofar as possible, considering the wishes of the employee. In the event that one or more City holidays falls within an annual vacation leave, such holidays shall not be charged as vacation leave, unless the employee is on a schedule to be paid for designated holidays in lieu of days off. Vacation Accrual Cap -At any time during each calendar year employees will be limited (capped) in the number of vacation hours they can accrue. No employee may accrue more than 250 hours for 37.5 hour per week employees and 396 hours for 56 hour per week employees. Vacation accruals will resume once the employee's 2,ccumulated vacation balance falls below the allowable cap limit. Employees may, for special situations (i.e., extended medical leave) request an increase in their cap. Each request would need to be in writing, submitted through the department, and receive the approval of the Fire Chief and the City Manager. Such requests would be reviewed on a case-by-case basis and would be evaluated based on the reason for the request and be consistent with the provisions of the MOU. This additional vacation accrual could not exceed 15 SRFCO MO U 201.3-2014 one-half of the employee's regular annual vacation accrual. In no case would the addition of vacation accrual over the cap be extended beyond one additional year. If an employee exceeds the accrued vacation balance (cap) as a result of being on extended leave pursuant to Labor Code Section 4850, those accrued hours would be carried forward and the employee would be allowed to use the additional accrued hours without penalty. In no event will an employee have their vacation hours reduced as a result of exceeding the cap due to having been off on Labor Code 4850 time as a result of an industrial injury, if the time off due to an industrial injury prevented them from taking scheduled vacation. 5.2.5 One -Time Vacation Buy -Down As of December 31, 2006, the City will require a one-time vacation buy -down for those employees whose vacation accrual is above 225 hours for 37.5 hour a week employees and 357 hours for 56 hour a week employees. This one time buy -down will bring employees under the vacation cap as defined in Section 5.2.4 allowing for additional accrual time. This one-time payment was made with the second pay check in February 2007, unless the value of the cash - in was greater than $101000. If the value of the cash -in was greater than $10,000, the City shall, pay the vacation cash -in over a five year period, on the second paycheck in February each year. The value of the payment each year will be calculated as one-fifth of the vacation hours over 357 (for 56 hour week employees) or over 225 (for 37.5 hour employees) multiplied by the employee's current rate of pay in the year of the payout. Employees who have a balance remaining for cash -in and who retire or terminate employment with the City of San Rafael, or upon the employee's death, will receive payment for the balance of the cash -in value as part of the employee's final compensation. Cash -in payments will not affect the employee's ability to participate in the Vacation Conversion per Section 5.2.7. Vacation Payoff Upon termination of employment by resignation, retirement, or death, employees who leave the municipal service in good standing shall receive compensation of all accrued unused vacation leave earned prior to the effective date of leaving their City position. In the event of the death of an employee, payment for unused vacation leave shall be paid to the employee's designated beneary. 5.3.1 Days Observed Employees covered under this �flemorandum of Understanding shall be entitled to the following holidays: New Year's Day Labor Day Martin Luther King Day Admission Day" Washington's Birthday* Veteran's Day Lincoln's Birthday* Thanksgg Day Cesar Chavez Day Day after Thanksgivin Memorial Day Christmas Independence Day *For employees working a 37.5 hour work week, Washington's and Lincoln's birthdays are combined as President's Day; with that said, employees shall receive one floating holiday. 16 SRFCO MOU 2013-2014 4il AD Ab 40 AS 1w 1w —W 1w 0 0 4w 0 0 W 0 4v 1w 1w 0 0 0 0 0 W op w 0 0 0 0 0. 0 0 0 0 0 'w 1w 0— 0 W —0 0 0 0 AW 0 0 0 0 -W 0 0 0 0 0 ar 0— 0 1w i• 0 0 0 0 0 • 0 0 0 0 4. 0 0 w 0. 0 —0 0 0 0 0 0 —00 -0 to W 0 0 1w 0 . w 0 W 0 i. all 0 0 Ak 0 0 0 0 0 —0 "I 0 0 0 0 0 0 0 0 0 0 A% As As AW 0 0 0 0 0 ok 00 0 17 SRFCO MOU 2013-2014 Military Leave Military leave as defined in State law shall be granted to any regular employee. All employees entitled to tary Leave shall give the Fire Chief a reasonable opportunity, within the limits of military regulations, to determine when such leave shall be taken. 5.4.6 Leave of Absences Without Pay Leave of absences without pay (for non-medical reasons which are covered by Section 5.4.7.) may be granted in cases of emergency or where such absence would not be contrary to the best interest of the City. Such leave so granted is not a right but an authorized privilege. Employees on authorized leave of absence without pay may not extend such leave without the expressed approval of the Appointing Authority. All other applicable leaves must be exhausted and no vacation, sick leave, or any other paid benefit shall be accrued or used during such leave. The Fire Chief, as Appointing Authority, may grant up to 30 days of leave without pay depending upon the merit ofthe case. Any leave without pay in excess of 30 days may only be granted upon the recommendation of the Fire Chief and approval of the City Manager and may not exceed a total of six months. 5.4.7 Family Medical Leave Such leave shall be in accordance with applicable State and Federal law. 5.4.8 Catastrophic Leave Association members shall abide by City Policy. 5.4.9 Absence Without Authorized Leave An unauthorized absence of an employee for three consecutive work days may result in an investigation as to the circumstances of the situation and disciplinary action up to and including termination, if warranted. 14 Ji IJ IE The established work week for suppression employees covered by this Memorandum of Understanding shall consist of a fifty-six (56) hour workweek with a three (3) platoon system. A work shift shall be defined as twenty-four (24) consecutive hours, commencing at 0800 and continuing through 0800 the following day. A set shall be defined as two twenty-four hour shifts worked consecutively. Suppression employees work a fifty-six (56) hour work week in twenty-four (24) hour shifts within a twenty-four (24) day cycle as listed below (commonly referred to as the "2 X 411 schedule): X 24 hour on -duty period 0 24 hour off-duty period Example: XXOOOO/XXOOOO/XXOOOO/XXOOOO The 2 X 4 schedule shall not change the rules regarding use of sick leave. Employees should notify the Fire Department administration that sick leave use is needed according to current policy and before each 24-hour shift. 18 SRFCO MOO 2013-2014 The established workweek for 37.5fiour employees shall be negotiable between the Employee and the Fire Chief, with the final schedule determined by the Fire Chief's approval. 6.2 HOURLY RATE The hourly rate for personnel covered by this MOU shall be based on 1950 annual work hours for represented job classes working a 37.5 hour work week and 2912 annual work hours for represented job classes working a 56 hour work week. 6.3 OVERTIME Employees in the FLSA exempt classifications of Administrative Chief/Fire Division Chief or Battalion Chief will be paid overtime for additional days authorized and worked in excess of their regular work week schedule provided that: 1 The employee is assigned to overtime relief duty as shift commander, Strike Team Leader, or other authorized emergency overhead assignment; and 2. The Fire Chief has authorized the overtime work in writing and in advance of the performance of the work. The overtime authorized in this section will be paid at time and one half of the 56 -hour rate, regardless of whether the employee normally works a 37.5 hour or 56 hour schedule. 6.4 SPECIALTY ASSIGNMENT If through mutual agreement with the Fire Chief operations personnel are assigned to the 37 '/2 hour work schedule, as opposed to the 56 -hour schedule, for assignments such as training, fire prevention, or other administrative functions, such employee shall receive five percent (5%) premium pay. The length of the assignment shall be based on mutual agreement between the employee and the Fire Chief., 6.5.1 Selection Process The City's Human Resources Department shall be responsible for the administration of all recruitments. All qualified candidates, based upon competitive examination, shall be placed on the Eligibility List for the appropriate job classcation. The Fire Chief shall have the authority of "the Rule of the List" and all candidates on a current Eligibility List shall be eligible for referral to the Fire Chief for final selection. 11111111 11, ON! I In addition to other qualifications described in the Fire Department's Career Development Guide, qualifications for candidates for Chief Officer positions represented by this Association in the Fire Department will include three (3) years of line captain experience or two (2) years of line captain experience if appointed to an acting assignment. 19 SRFCO MOU 2013-2014 U ,.&1.6 PROBATIONARY PERIOD 6.6.1 Purpose of Probation 2 0-1 SRFCO MOU 2013-2014 6.7 PERSONNEL RULES & REGULATIONS 6.7.1 Drug & Alcohol Policy SRFCOA agree to adhere to the Drug and Alcohol Policy as outlined in the San Rafael Firefighters' Association contract. 6.7.2 Outside Employment Policy Association members shall abide by City's policy dated June 27, 2007. 6.7.3 Temporary Light (Modified) Duty Policy Statement SRFCOA agrees to follow the City of San Rafael's Modified Light Duty Work Policy dated June 8, 2008. 6.7.4 No SmokinglTobacco Use Policy Employees hired by the City of San Rafael after 7/1/08 are required to sign a condition of employment statement that they agree not to smoke or use tobacco products of any kind while employed by the City of San Rafael. This signature must be obtained prior to the date of hire. Employees hired before 7/1/08 will not be allowed to smoke or use tobacco products as follows: 1. While inside any City of San Rafael structure or space 2. While inside any City/Fire Department vehicle 3. While in public when on -duty or in uniform 4. In compliance with State and local ordinance The City will provide tobacco cessation assistance to employees who desire to stop using tobacco products. Employees will be referred to the City's employee assistance program for initial assistance and, if needed, will be eligible to receive up to $2500 in additional funds to complete a certified tobacco cessation program. Written approval from the Fire Chief is required for the additional funding. 6.7.5 Medical Standards The City will establish pre-employment medical standards for all classifications represented by the San Rafael Fire Chief Officers' Association. 6.8 MISCELLANEOUS 6.8.1 Return of City Equipment Upon termination of employment, all tools, equipment, and other city property assigned to any employee shall be returned to the Fire Department. 6.8.2 Political Activity The political activity of employees shall comply with pertinent provisions of State and Federal law. 6.8.3 Staffing Levels Any changes in the current staffing levels of positions represented by this Association will be subject to meet and confer. 21 SRFC) MOU 2013-2014 6.8.4 Career Development Program The San Rafael Fire Chief Officers' Association agrees to the Career Development Guidelines as written. 7 PROCEDURES 7.1 DEMOTION & SUSPENSION i. 1.1 Demotion The Fire Chief may demote an employee when the following occurs: a. The employee fails to perform his/her required duties. b. An employee requests such a demotion. 22 SRFCO MOU 2013-2014 7.2.4 Termination - Probation The rejection of an employee during his/her initial probationary period is covered in Article 7.3, Probationary Period, of this Memorandum of Understanding. 7.2.5 Retirement Retirement from City service shall, except as otherwise provided, be subject to the terms and conditions of the City's contract, as amended from time to time, with the Marin County Retirement System. 7.3 DisciPLINARY ACTION 7.3.1 Authority The City shall have the right to discharge or discipline any employee for dishonesty, insubordination, drunkenness, incompetence, negligence, failure to perform work as required or to observe the Department's safety rules and regulations or for engaging in strikes, individual or group slowdowns or work stoppages, or for violating or ordering the violation of the Memorandum of Understanding. 7.3.2 Definition Disciplinary action shall mean discharge/dismissal, demotion, reduction in salary, and/or suspension resulting in loss of pay. Any disciplinary action taken shall be consistent with the provisions of the Fair Labor Standards Act as it relates to exempt employees. 7.3.3 Causes for Disciplinary Action The City may discipline or discharge an employee for the following: a. Fraud in securing appointment. b. Negligence of duty. c. Violation of safety rules. d. Unacceptable attendance record including tardiness, overstaying lunch or break periods. e. Possession, distribution or under the influence of alcoholic beverages, non-prescription or unauthorized narcotics or dangerous drugs during working hours. f. Inability, unwillingness, refusal or failure to perform work as assigned, required or directed. g. Unauthorized soliciting on City property or time. h. Conviction of a felony or conviction of a misdemeanor involving moral turpitude. i. Unacceptable behavior towards (mistreatment or discourteousness to) the general public or fellow employees or officers of the City. j. Falsifying employment 'application materials, time reports, records, or payroll documents or other City records. k. Disobedience to proper authority. 1. 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. 23 SRFS` O MOU 2013-2014 p. Establishment of a pattern of violations of any City policy or rules and regulations over an extended period of time in which a specific incident in and of itself would not warrant disciplinary action, however, the cumulative effect would warrant such action. q. Failure to perform to an acceptable level of work quality and quantity. r. Insubordination. s. Other acts inimical to the public service. Inability or refusal to provide medical statement on cause of illness or disability. 7.3.4 Appeala Whenever punitive action is undertaken, the offending employee shall have the opportunity for an administrative appeal which will be conducted in conformance with the Administrative Procedures Act and this Memorandum of Understanding. If an employee feels he or she has been unjustly disciplined/discharged, he or she shall have the right to appeal his or her case through the appropriate procedure established in this Memorandum of Understanding. Such appeal must be filed with the City Manager by the employee in writing within ten (10) working days from the date of the discipline/discharge and unless so filed the right of appeal is lost. Proceeding Heard by City Manac .7er The appellant may submit the appeal directly to the City Manager or may request arbitration. If an employee elects to have an appeal heard by the City Manager, the employee must state in writing that he or she waives his/her right to an appeal that conforms to the procedures of the Administrative Procedure Act. 7.3.6 If arbitration is requested, the arbitration will be held in conformance with the Administrative Procedure Act, California Code of Regulations, and other applicable statutes. Representatives of the City and the appellant shall meet within fourteen (14) calendar days to select a mutually acceptable arbitrator. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the appellant and the City. A hearing before the arbitrator shall be held within 60 calendar days of selection of the arbitrator unless the mutually accepted Arbitrator's schedule does not so permit, in which case the hearing shall be held not more than 120 days after the selection of the arbitrator. In addition to arbitrators proposed by the State Mediation and Conciliation Service, the parties shall be free to select from a pool of arbitrators mutually agreed to by the City and the Association. The arbitrator shall 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. A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding Article 1.3 and Article 1.5 of this M.O.U.), or any Fire Department policy specifically referenced herein, except issues concerning appeals of punitive action, which is governed by Article 7.3. Policy 1 -VI -3 is speccally incorporated by reference. Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be grievable. 24 SRFCO MOU 2013-2014 25 SAF' O IOL 2013-2014 7.6.3 Order of Layoff Layoffs and/or reductions in force shall be made by classification. A classification is defined as a position or number of positions having the same title, job description and salary. Extra -hire oCh.mployees 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. i. 6.4 Seniority If two or more employees within a classification have achieved permanent status, such employees will be laid off or reduced on the following basis: 2. Seniority within the affected classcations will be determinative. Such seniority shall include time served in higher classcation (s). The computation of seniority for part-timli 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 classcation or higher classification (s) is equal, departmental seniority shall be determinative. c. If all of the above factors are equal, the date of regular status in City service shall be determinative. d. If all of the above are equal, date of certification for appointment shall be determinative. 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. 1 111111 !1!11 11111111 rwy "'t I � The Human Resources Director will make every effort to transfer an employee who is to be affected by a reduction in force to another vacant position for which such employee may qualify - The length of eligibility for such transfer will be the period of notification as provided in Section 7.6.2, but no longer than the effective date of such layoff or reduction. W 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. 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. 26 SRF CO MOU 2013-2014 7.7.3 Time Limits Should the person not accept the re -appointment within seven (7) calendar days after the date of the offer, or should the person decline or be unable to begin work within two weeks after the date of acceptance of the offer, the person shall be considered unavailable for employment, shall forfeit the right to re-employment and shall be removed from the re-employment list. 7.7.4 Availability Whenever a person is unavailable for re-employment, the next senior person who is eligible on the re-employment list shall be offered re-employment. 7.7.5 Probationary Status Employees re -appointed under the provisions above will not be required to complete a new probationary period if they had previously held permanent status in the classification. Employees who had not completed their probationary period shall serve the remainder of the probationary period upon re -appointment. 7.7.6 Restoration of Benefits Employees restored to previously held positions shall be deemed to have returned from a leave of absence for the purpose of all rights and benefits legally permissible. Time not- on the payroll will not count as time worked for the purposes of seniority accrual. NN SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION: Jeff R Battalion Chief J e7 cher, Battalion Chief Paul Crimmins, Battalion Chief j; Date SRFCO MQ U 2013-2014 Wit] INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A ' CONTRACT, AGREEMENT, ,ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. M FROM: Anil Comelo, Human Resources Director DEPARTMENT: Human Resources / Management Service,4:. DATE: August 12, 201'0 ,a TITLE OF DOCUMENT: RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL FIRE CHIEF OFFICERS'ASSOCIATION (JULY 11 2013 THROUGH JUNE 307 2014) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY A G Efrl'ibiA, I T E M ri 1, REMARKS- City Attorney (signature)