HomeMy WebLinkAboutr10335 moa between city of slo and firefightersRESOLUTION NO . 10335 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISP O
AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2012 THROUGH DECEMBER 31, 201 5
WHEREAS,representatives of the International Association of Firefighters, Local 352 3
met multiple times with City representatives to identify sustainable reductions in total
compensation costs ; achieving Council's labor relations objectives to reduce total compensatio n
costs and implement sustainable pension cost containment and reductions ; an d
WHEREAS,the International Association of Firefighters, Local 3523 employee s
acknowledge the fiscal challenges facing the City of San Luis Obispo and are committed t o
working with the City to help achieve long-term sustainable solutions .
NOW, THEREFORE, BE IT RESOLVED,by the City Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The Memorandum of Agreement between the City of San Luis Obispo an d
the International Association of Firefighters, Local 3523, attached hereto as Exhibit "A" an d
incorporated herein by this reference, is hereby adopted and ratified .
SECTION 2 . The Director of Finance and Information Technology shall adjust th e
appropriate accounts to reflect the compensation changes .
SECTION 3 .The City Clerk shall furnish a copy of this resolution and a copy of th e
executed Memorandum of Agreement approved by it to : Erik Baskin, International Association o f
Firefighters, Local 3523, and Monica Irons, Director of Human Resources .
Upon motion of Mayor Marx, seconded by Council Member Carter, and on the following
AYES :
Council Members Ashbaugh and Carter, and Mayor Mar x
NOES :
Vice Mayor Carpenter and Council Member Smit h
ABSENT : Non e
vote :
R 10335
Resolution No . 10335 (2012 Series )
Page 2
The foregoing resolution was adopted this 6 th day of March, 2012 .
ATTEST :
Elaina Cano
City Clerk
APPROVED AS TO FORM :
Exhibit A
MEMORANDUM OF AGREEMEN T
BETWEE N
THE CITY OF SAN LUIS OBISP O
AND TH E
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ,
LOCAL 352 3
JANUARY 1, 2012 -- DECEMBER 31, 201 5
city o f
san his OBISPO
Article No .Title Page No .
1 Parties to Agreement 1
2 Recognition 2
3 Dues Deduction 3
4 Employee Rights 4............................................
5 Management Rights 5
6 Representative Role 6
7 Communication Process 8
8 Promotional Opportunities 9
9 Utilization of City Facilities 1 0
10 Grievance Procedure 1 1
11 Salary 1 3
12 Paramedic Incentive Pay
13 Station 1 Captain Incentive Pay 1 7
14 Bilingual Pay 1 8
15 Hazardous Materials Incentive Pay 1 9
16 Training Captain 20
17 Overtime 2 1
18 Emergency Call Back 2 2
19 Work Out of Grade 2 3
20 Standby 2 4
21 Educational Incentive 2 5
22 Uniform Allowance 2 7
23 Insurance 2 8
24 Vacation Leave 3 0
25 Leave Of Absence 3 3
26 Holidays 3 4
27 Bereavement Leave 3 6
28 Sick Leave 3 7
29 Family Leave 3 8
30 Workers' Compensation Leave 4 0
i
Article No .
3 1
3 2
3 3
3 4
3 5
3 6
3 7
3 8
3 9
40
4 1
42
43
4 4
4 5
4 6
4 7
48
Title Page No .
Modified Work Assignment 4 1
Safety 42
Retirement 4 3
Hours 45
Health/Fitness 46
Salary Survey Cities 47
Layoffs 4 8
Work Actions 5 2
Firefighter Recruitment 53
Probationary Period 5 4
Residency Requirement 55
Staffing 56
Seniority Bidding for Station Assignment 5 7
Full Agreement 6 1
Savings Clause 62
Renegotiations 63
Authorized Agents 64
Term of Agreement 6 5
Appendix "A" — Classification 6 6
Appendix "B" - Work Schedule Illustration 6 7
Appendix "C" - Employee Responsibilitie s
& Benefits - Sick Leave 6 8
ii
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this March 6, 2012 by and between the City of Sa n
Luis Obispo, hereinafter referred to as the City, and the International Association of Firefighters ,
Local 3523, hereinafter referred to as Union or Local 3523 .
1
ARTICLE 2
RECOGNITIO N
Pursuant to Government Code Section 3500 et seq . and City Resolution No . 6620 (1989 Series),
the City hereby recognizes the International Association of Firefighters, Local 3523, as the
bargaining representative for purposes of representing regular and probationary employees ,
occupying the position classifications set forth in Appendix A, in the Fire Unit with respect to
their compensation, hours and other terms and conditions of employment for the duration of thi s
Agreement .
2
ARTICLE3
DUES DEDUCTION,
The City shall deduct dues from City employees and remit said dues to the Union on a monthl y
basis for the duration of this Agreement, which dues shall not include assessments .
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance &
Information Technology Director and a notification of all dues transactions shall be sent monthl y
to the Union Treasurer .
The Union shall hold the City harmless from any and all claims, and will indemnify it agains t
such claims and any unusual costs .
The Union shall refund to the City any amount paid to the Union in error, upon presentation o f
supporting evidence.
3
ARTICLE4
EMPLOYEE RIGHT S
Employees of the City shall have the right to form, join and participate in the activities o f
employee organizations of their own choosing for the purpose of representation on all matters o f
employer-employee relations including but not limited to, wages, hours and other terms an d
conditions of employment . Employees of the City also shall have the right to refuse to join o r
participate in the activities of employee organizations and shall have the right to represen t
themselves individually in their employment relations with the City . No employee shall b e
interfered with, intimidated, restrained, coerced or discriminated against because of the exercis e
of these rights .
4
ARTICLE 5
MANAGEMENT RIGHT S
The rights of the City include, but are not limited to, the exclusive right to determine the missio n
of its constituent departments, commissions and boards ; set standards of service; determine th e
procedures and standards of selection for employment and promotion ; direct its employees ; take
disciplinary action; relieve its employees from duty because of lack of work or for othe r
legitimate reasons ; maintain the efficiency of governmental operations ; determine the methods ,
means and personnel by which government operations are to be conducted ; determine th e
content of job classifications ; take all necessary actions to carry out its mission in emergencies ;
and exercise complete control and discretion over its organization and the technology fo r
performing its work .
This provision is not intended to, and does not restrict, the rights conferred upon the Union b y
Government Code Section 3500, et seq .
5
ARTICLE6
REPRESENTATIVE ROL E
Members of any recognized employee organization may, by a reasonable method, select no t
more than three employee members of such organization and one employee observer to meet an d
confer with the Municipal Employee Relations Officer and other management officials (after
written certification of such selection is provided by an authorized official of the organization )
on subjects within the scope of representation during regular duty or work hours without loss of
compensation or other benefits . The employee organization shall, whenever practicable, submi t
the name(s) of each employee representative to the Municipal Employee Relations Officer a t
least two working days in advance of such meeting .
Provided further that no employee representative shall leave his or her duty or work station o r
assignment without specific approval of the department head or other authorized Cit y
management official . If employee representatives cannot be released for good reason, the date of
meeting will be rescheduled to a mutually acceptable day .
Union Time Ban k
1.Union time bank hours are intended for use by eligible Local 3523 Executive Boar d
members to conduct official union business .
2.Union members will donate a total of 440 hours per year (inclusive of carryover time) o f
vacation time, holiday time, and compensatory time off (CTO) to a union time bank .
3.The maximum number of hours donated by a union member to the time bank shall no t
exceed 12 hours per year .
4.Any hours remaining in the time bank on June 30th of each year shall be carried over t o
the next year . If no hours were used in the previous year and the maximum hours remai n
in the time bank, no additional donations by members shall be authorized in th e
upcoming year .
5.During the first full pay period in July each calendar year, Local 3523 President alon g
with the Executive Board and the Accounting Supervisor shall determine the number o f
hours remaining in the Union time bank . That number shall be subtracted from th e
maximum number of time bank hours of 440 hours . The difference between the actua l
number of hours and the 440 hours maximum will be divided by the number of Loca l
3523 represented employees . Each 56 hour per week employee shall contribute an equa l
number of leave hours and each 40 hour per week employee will donate 70% of the
amount donated by 56 hour per week employees to be debited by the City to maintai n
440 hours in the time bank.
6.Donation of hours shall be non-revocable and not returned to the members .
7.Requests for time off that would use time from the bank must be authorized by th e
Executive Board and is subject to final approval per department policies and procedures .
Approval for suppression personnel must be authorized in advance by a Battalion Chief
and approval for non-suppression personnel must be authorized in advance by the Fir e
Marshal or designate .
6
8 .Vacancies created by approved requests that affect constant staffing, may be fille d
through mandated overtime .
7
ARTICLE7
COMMUNICATION PROCES S
Pursuant to City Resolution 6287 (1989 Series) the City agrees with the Union to improv e
communications and provide for the following :
A.Monthly Conference s
There will be a monthly meeting between the department head and managemen t
member(s) and a least two (2) union representatives to discuss problems or other subject s
of mutual interest . Minutes of the meeting will be maintained to reflect topics discussed ,
actions to be taken, the party responsible for any action and the expected completion date .
B.Quarterly Meeting s
Two to four representatives of the Union, the City Manager (or designee), departmen t
head (or designee), and management representative(s) designated by the City will mee t
quarterly if there are issues of concern to the parties . No issues will be brought to thi s
quarterly meeting without first having been discussed with the department head at a
scheduled monthly meeting.
8
ARTICLE 8 ,
PROMOTIONAL OPPORTUNITIE S
Announcements for promotional opportunities for members of the Union will list testing an d
scoring processes that will be followed . Once defined, testing and scoring processes will not b e
modified .
There will be no banding on promotional exams and, if a candidate is by-passed during th e
selection process, that person will be given a written reason by the Fire Chief as to why s/he wa s
by-passed . The City agrees to an opener to discuss the promotional process if the Fire Chie f
goes below the top three (3) candidates in making his selection on promotional exams two (2) o r
more times during the term of this contract .
9
ARTICLE 9
UTILIZATION OF CITY FACILITIE S
1.Local 3523 shall be allowed to use Fire Department facilities for official Union activities .
The Union will notify the Chief or his/her representative of any upcoming meetings . The
Union will follow any sign-up procedures for room availability the Department has i n
place . Scheduling of the facilities usage would be conducted so as not to conflict o r
interfere with normal operation of departmental business . In lieu of any conflicts i n
availability or a denial by the Chief, it will be presumed that the Union will have the O K
of the Chief to use the facility . Activities would include, but would not be limited to :
General Membership meetings, Board of Directors meetings, Negotiation Tea m
meetings, and various special committee meetings .
2.Facilities would include, but would not be limited to : conference room, training room ,
and second floor common areas .
3.Local 3523 understands that e-mail sent over the City network is public record . With thi s
acknowledgement, the City gives the Union the right to use the computers and the e-mai l
system . This right may be revoked at any time or for any reason . This revocation must
be done in writing and must be delivered in person to a San Luis Obispo Firefighters '
Board member.
10
ARTICLE 1 0
GRIEVANCE PROCEDUR E
A . A grievance is. an alleged violation, misinterpretation or misapplication of the Employer -
Employee Resolution, the Personnel Rules and Regulations, any memorandum o f
agreement with an employee association or any existing written policy or procedur e
relating to wages, hours or other terms and conditions of employment excludin g
disciplinary matters .
B . Any employee may file and process a grievance by providing the time, place and .
circumstances of the action prompting the grievance . Employees may be accompanied
by a representative at each step of the process . If a specific action to be grieved affect s
several employees, those employees may consolidate their grievance and be represented .
C .Each Grievance shall be handled in the following manner :
1.The employee who is dissatisfied with the response of the immediate superviso r
shall discuss the grievance with the supervisor's immediate superior . If the matter
can be resolved at that level to the satisfaction of the employee, the grievance
shall be considered terminated .
2.If still dissatisfied, the employee may immediately submit the grievance in writin g
to the department head for consideration, stating the facts on which it was based ,
including the provision of the rules, regulations or agreement said to be violated ,
and the proposed remedy . This action must take place within fifteen business day s
of the occurrence of the grievance . The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days o f
receiving the written grievance . If the employee accepts the department head's
decision, the grievance shall be considered terminated .
D . If the employee is dissatisfied with the department head's decision, the employee ma y
immediately submit the grievance in writing to the human resources director within fiv e
business days of receiving the department head's decision . The Human Resource s
Director shall confer with the employee and the department head and any other intereste d
parties, and shall conduct such other investigations as may be advisable .
E. The results or findings of such conferences and investigations shall be submitted to th e
City Manager in writing within fifteen business days of receiving the employee's writte n
request . The City Manager will meet with the employee if the employee so desire s
before rendering a decision with respect to the complaint . The City Manager's decisio n
shall be in writing and given to the employee within fifteen business days of receiving th e
Human Resources Director's results and findings . Such decision shall be final unless the
employee desires a review of the decision .
11
F.If the employee desires a review of the decision the procedure is as follows :
1 .Hearing Officer (for employees represented by SLOPOA or IAFF, Local 3523 )
a.The employee will have five business days following receipt of the Cit y
Manager's decision to submit a written request to the Human Resource s
Director for review of the decision . The Human Resources Director wil l
obtain a list of five potential hearing officers from the State Mediation and
Conciliation Service . Then following a random determination of whic h
party (city or appellant) begins, parties shall alternately strike one nam e
from the list until only one remains .
b.Within 30 business days, the hearing officer shall review the record an d
conduct a hearing on the matter . Within ten business days the hearin g
officer shall render a decision which shall be final .
c.Any dispute regarding the eligibility of an issue for the grievance proces s
may be appealed through the process ultimately to the hearing officer wh o
shall decide on the eligibility prior to ruling on the merits .
d.Any fees or expenses of the hearing officer shall be payable one-half b y
the city and one-half by the Union. All other expenses shall be borne b y
the party incurring the expense.
12
ARTICLE 1 1
SALARY
Section A .Rules Governing Step Increase s
The rules governing step increases for employees covered by this MOA are included in th e
current Salary Resolution with the following modification : The Fire Chief shall be authorized t o
reevaluate employees who reach the top step in their pay range . An employee who is no t
performing up to standard for the top step shall be notified in writing that the department hea d
intends to reduce him/her one step unless his/her job performance improves significantly withi n
a 60-day period . Unless the employee's job performance improves to an acceptable level by th e
end of 60 days, the pay reduction shall then become effective . The top step may be reinstated a t
any time upon recommendation of the department head . If the Fire Chief deems it necessary t o
again remove the top step during the same fiscal year, he/she may make the change at any time
with three business days written notice .
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps 2
through 5 equal 95% of the next highest step, computed to the nearest one dollar . Step 1 equal s
90% of step 2 .
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5). Steps 1
through 4 equal 95% of the next highest step, computed to the nearest one dollar .
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 =95%ofStep 2
Each across-the-board percent salary increase shall raise the top step of the range by that percent .
The highest step of each successive salary range shall be 2 .63% above the highest step of the
next lower range . After all highest steps of salary ranges have been established, each highes t
step shall be rounded off to the nearest dollar and the remaining steps established in accordanc e
with the above formula. Employees who are eligible for advancement to the top two steps mus t
receive at least a "competent" rating on their most recent performance evaluation prior to o r
coincident with their being eligible for advancement by time in grade . Competent is defined a s
"Performance meets standards of a qualified employee ."
Step progression for Firefighters will be subject to existing personnel standards, with the timin g
for progression being one-year for each step .
13
Section B .Salary Provisions for Term of Agreemen t
The parties agree to no across the board salary increases (e .g . "cost of living" increases) for th e
term of the Agreement and the pay schedule will be as follows ;
Salary
Range
Step 1 Step 2
Monthly/
Bi-Weekly
Step 3
Monthly/
Bi-Weekly
Step 4
Monthly/
Bi-Weekly
Step 5
Monthly/
Bi-Weekly
Step 6
Monthly/
Bi-Weekl y
Position Monthly/
Title BI-Weekl y
612 Firefighter 4,680 5,200 5,473 5,761 6,065 6,38 3
2,160 2,400 2,526 2,659 2,799 2,94 6
615 Fire Engineer 5,629 5,926 6,238 6,567 6,91 2
2,598 2,735 2,879 3,031 3,19 0
616 Fire vehicle 5,770 6,073 6,392 6,730 7,08 3
Mechanic 2,663 2,803 2,950 3,106 3,26 9
617 Haz Mat 6,784 7,141 7,516 7,913 8,329
Coordinator 3,131 3,296 3,469 3,652 3,844
621 Fire Captain 6,578 6,925 7,291 7,674 8,077
3,036 3,196 3,365 3,542 3,728
626 Fire Inspector I 4,734 4,981 5,246 5,521 5,81 1
2,185 2,299 2,421 2,548 2,682
630 Ffre Inspector II 5,248 5,525 5,815 6,121 6,444
2,422 2,550 2,684 2,825 2,974
633 Fire Inspector ill 5,672 5,971 6,286 6,615 6,96 4
2,618 2,756 2,901 3,053 3,21 4
Hazardous Materials 117 .84 Bi-Weekl y
Paramedic 765 .96 Monthly
353 .52 Bi-Weekly
Section C ."Y" Rating
An employee who is not performing up to established job standards may be "Y" rated, freezin g
his salary until such time as there is an improved job performance . The department head shal l
give 60 days written notice to any employee he intends to "Y" rate, giving the employee a n
opportunity to correct any deficiencies . A "Y" rating procedure shall not result (then or later) i n
the employee being frozen below the next lower step of the new range .
1 4
Section D .Payday
Paychecks will be disbursed on a bi-weekly schedule . Payday will be every other Thursday .
This disbursement schedule is predicated upon normal working conditions and is subject t o
adjustment for cause beyond the City's control .
15
ARTICLE 1 2
PARAMEDIC INCENTIVE PA Y
Section A .Paramedic Incentiv e
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter bas e
salary, prorated to a bi-weekly amount, to those firefighters or other approved fire personnel
assigned to EMT Paramedic duties by the Fire Chief .
Paramedics required to recertify shall be granted four (4) hours training time per month for si x
(6) months prior to the recertification . Such hours shall be scheduled by the Department durin g
the normal working day .
The Paramedic incentive shall be considered the same as base pay when determining the startin g
salary upon promotion to Captain .
Probationary Firefighters are not eligible to act as paramedics in the first six months of thei r
probationary period . After that point in their probationary period, they may be allowed to do so ,
but only after a consultation with the Fire Chief or his/her designee, a Union Officer, and th e
Paramedic Coordinator .
16
ARTICLE 13 ,
STATION I CAPTAIN INCENTIVE PA Y
Fire Captains regularly assigned to Station I shall receive $57 .69 bi-weekly pay incentive, t o
compensate for the additional Station 1 workload . Mandatory assignments to Station I for
Captains shall not exceed two consecutive years .
17
ARTICLE 1 4
BILINGUAL PA Y
Employees certified as bilingual in Spanish through the testing process shall receive a bilingual
payment of $35 per pay period . Additional languages may be approved by the City based upo n
demonstrated need .
18
ARTICLE 1 5
HAZARDOUS MATERIALS INCENTIVE FA Y
Safety employees certified as Hazardous Materials Specialists or Technicians and assigned to th e
Haz Mat Team by the Fire Chief shall receive incentive pay equal to four percent (4%) of the to p
step Firefighter base salary. The Department will support a 6 person Haz Mat Team (2 per shift).
Hazardous Materials Technicians will be expected to certify as Hazardous Materials Specialist s
within 12 months of joining the team in order to continue receiving the incentive pay .
19
ARTICLE 1 6
TRAINING CAPTAI N
A.Selection
The Fire Chief has the ability to appoint a Training Captain from qualified individuals . If
more than one qualified individual expresses interest in the position, the Chief will conven e
an internal interview board, which will include the President of the Local 3523 or designee ,
to provide a recommendation . If no qualified individuals express interest in the position, th e
Chief and the President of Local 3523 will meet and consult regarding the selection of a
Training Captain.
B.Term
Appointments will normally be no less than two years . At the end of two years voluntar y
appointments made through the selection process may be ended in accordance with th e
Department's normal bidding process . Involuntary appointments will not exceed three years .
C.Compensatio n
An employee assigned as a Training Captain will be paid the Captain's 40 hour rate plus 7 %
of his/her base pay, including incentives in place at time of appointment . A Training Captain
working suppression will, however, be converted to the 56 hour rate .
D.Out of County Assignment s
When utilized for an out-of County emergency response assignment, the Training Captai n
will be compensated by the City on the basis of a forty-hour work rate unless the assignmen t
requires the Training Captain to be deployed as part of a special strike team for suppressio n
services, in which case the Training Captain will be compensated on the basis of a fifty-si x
hour work rate .
E.Work Schedul e
The work schedule of the Fire Training Captain will be based on the operational needs of th e
department as determined by the Fire Chief. The Fire Training Captain may be eligible t o
participate in an Compressed Work Schedules (Flex Time) per the City's Trip Reductio n
Incentive Program.
20
ARTICLE 1 7
OVERTIME
1.Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receiv e
overtime pay at time-and-one-half computed at their base salary for those hours worke d
in excess of regularly scheduled shifts .
2.Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigne d
to work (one hundred ninety-two (192) hours in a twenty-four (24) day pay cycle .
Employees in these classifications who work more than one hundred eighty-two (182 )
hours during a pay cycle, shall be paid time and one-half (1 1/2) for all hours worked i n
excess of one hundred eighty-two (182) hours worked in the twenty-four day pay cycle .
Paid time off shall be counted as time worked when calculating this overtime pay .
3.All other personnel shall receive overtime pay at time-and-one-half computed at thei r
base salary for all hours worked in excess of forty (40) hours per week including holiday ,
sick leave and vacation unless they elect to receive compensatory time off at time an d
one-half.
4.All overtime shall be authorized in writing by the Fire Chief prior to being compensated .
5.All overtime shall be paid to the nearest quarter hour worked where no minimum i s
authorized .
6.Overtime Call Back :Overtime call back shall be as follows :
First Option – Rank for rank including a minimum of four paramedic s
Second Option – Certified Acting Personne l
'third Option – Mandatory staffing that ensures adequate paramedic and officer coverag e
Prior to a mandatory call back for paramedic coverage, Captains with paramedi c
certification will be offered the opportunity to work as a Paramedic . Compensation wil l
be paid as out of grade pursuant to Section 19 .3 .
21
ARTICLE 1 8
EMERGENCY CALL BAC K
1.Shift personnel who are unexpectedly called back to work after completing their shift an d
having left the worksite shall be paid a 4-hour minimum guarantee at time and one half .
2.Non-shift personnel shall receive a minimum of 4 hours at time and one-half fo r
emergency call back or time and one-half for hours actually worked, whichever is larger .
3.Employees who are called back as defined above shall receive the minimum provided b y
this article or pay for the work performed, whichever is larger .
22
ARTICLE 1 9
WORK OUT OF GRAD E
Employees temporarily assigned to work in a higher classification will receive one ste p
additional pay but in no case more than the top step for the higher classification under th e
following conditions :
1.The assignment exceeds eight (8) consecutive work days, or four (4) consecutive shift s
for all shift employees ; in which case the step increase becomes effective on the nint h
(9 `h ) work day or in the fifth (5 `h) shift .
2.The person being temporarily replaced is on extended sick or disability leave or th e
position is vacant and an examination is pending .
3.Employees not eligible for the step increase (under 10 days) shall receive compensatio n
on the following basis :
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes I hour, paid at ST
12-24 hours 2 hours, paid at S T
Each calendar quarter, employees may elect to receive payment for previously accrue d
CTO at straight time.
23
ARTICLE 2 0
STANDB Y
A.Employees below the rank of Fire Marshal/Battalion Chief on standby shall b e
compensated one hour's pay for each eight (8) hour incident with a minimum of two (2 )
hours straight time pay for each assigned standby period .
B.Effective the first full pay period in January 2007 the Fire Vehicle Mechanic shall receiv e
thirty dollars ($30 .00) for each week day and thirty-five dollars ($35 .00) for each weeken d
day and holiday for each mutually agreed-upon standby period .
24
ARTICLE 2 1
EDUCATIONAL INCENTIV E
The City agrees to establish an educational incentive pay plan with the following provisions :
A.Basic Benefits .
Educational incentive pay shall not start for one year after employment with the City of
San Luis Obispo, but credit will be given for approved education obtained prior to tha t
time . Effective the first full pay period in January 2008 the basic benefit will consist o f
$46 .16 bi-weekly for possession of an A .A ., or equivalent degree from an accredite d
community or junior college ; and $92 .31 bi-weekly for a B .A . or equivalent degree fro m
an accredited four year college or university . Total incentive pay shall in no case excee d
$92 .31 bi-weekly.
B.Job Related Fields .
Degrees must be in fields which are directly job related and if not, at least 30 semeste r
units leading toward the appropriate degree with a grade of "C" or better must b e
included.
C.Application and Approval .
Application for the incentive pay shall be made by the employee to the department hea d
at least 30 days before the date the payment of the incentive pay is to be effective .
Approval of the department head and the human resources Director shall be required .
D.Unsatisfactory Performance .
In the event an employee receiving the incentive pay is not performing up to th e
established standards set for the job, the department head with the concurrence of th e
City Manager, may suspend payment of the incentive pay until such time as th e
employee's work performance comes up to the standard level, in the opinion of the
department head and concurred in by the City Manager .
E.Non-Applicability .
It is the City's intention not to pay the educational incentive for any degree which i s
required for the position held by the employee . Educational incentives shall not be pai d
for education received on City time . The education incentive shall be removed if th e
employee is promoted to a position which does not entitle employee to such incentive .
25
F .Tuition and Books .
Employees who have completed their initial probation period may participate in th e
City's Tuition Reimbursement Program at the current reimbursement rate .
26
ARTICLE 22,
UNIFORM ALLOWANC E
A . All members shall be required to wear an approved uniform to promote the department's
public image, except for the positions designated by the Fire Chief as only requirin g
occasional usage . Such positions shall receive one-half of the regular allowance . Each
employee shall receive an annual allowance of $800 paid semi-annually to be spent on th e
purchase and maintenance of department-approved uniforms . Said allowance shall be paid
directly to each eligible employee on the first full pay period of July and of January . The
Fire Chief or his/her designated representative shall conduct an inspection at least once a
year to ensure that each employee has the minimum number of uniforms and that al l
uniforms meet department standards regarding safety and appearance . Employees whos e
uniforms do not meet standards may be subject to disciplinary action .
B . A uniform allowance cash advance of one (1) year will be given to new employees fo r
purchase of their uniforms . If the employee severs employment with the City or i s
terminated within one (1) year, the cash advance shall be deducted from the employee's las t
paycheck .
C . Where the agreement refers to uniform standards, it shall mean the following : The Fir e
Chief shall establish and maintain a set of standards for the maintenance, care and wearin g
of employee uniforms . Such standards shall be on file in the Fire Chiefs office, in eac h
fire station, and in the Human Resources Director's office .
D . Employees will be responsible to purchase and maintain health/fitness clothes, includin g
appropriate athletic footwear . Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
E . Damaged Uniform Reimbursemen t
1.The City shall reimburse the cost in excess of ten ($10 .00) dollars, for repairing o r
replacing Department approved uniforms which are damaged within the course o f
employment . No reimbursement shall be made if the damage was due to negligenc e
on the part of the employee . At the time of damage, the employee will submit a
report documenting where and how the uniform was damaged .
2.The Fire Chief shall determine the use and extent of wear of damaged items .
Replacement amounts shall be prorated . The Department will establis h
administrative regulations consistent with this section .
F . The City will bear any additional costs resulting from City mandated changes in require d
uniform items during the term of this agreement .
27
ARTICLE 2 3
INSURANC E
A.Contribution
The City shall contribute $424 .50 bi-monthly for Cafeteria plan benefits for each regular ,
full-time employee covered by this agreement . Less than full-time employees shall
receive a prorated share of the City contribution . Effective in December 2015 (for the
January 2016 premium), the City's total Cafeteria Plan contribution shall be modified b y
an amount equal to one half of the average percentage changes for family coverage in th e
PERS health plans available in San Luis Obispo County . For example: if three plans are
available and the year-to-year changes were +10% + 15% + 20% respectively, the City's
contribution would be increased by 7 .5% (10% + 15% + 20% _ 3 = 15% x Ih).
B.PERS Health Benefit Progra m
The City has elected to participate in the PERS Health Benefit program with the "unequa l
contribution option" at the Minimum Employer Contribution rate, currently $112 .00 per
month for active employees and $106 .40 per month for retirees . The City's contributio n
toward retirees shall be increased by five (5%) percent per year of the City's contributio n
for the active employees until such time as the contributions for employees and retiree s
are equal . The City's contribution will come out of that amount the City currentl y
contributes to employees as part of the Cafeteria Plan provided to employees in thei r
various MOA's . The cost of the City's participation in PERS will not require the City t o
expend additional funds toward health insurance beyond what is already provided for i n
the various bargaining agreements . In summary, this cost and any increases will be born e
by the employees .
C.Health Insurance Coverage Optional Participatio n
Employees with proof of medical insurance elsewhere are not required to participate i n
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision insurance is deducted) in cash in accordance with th e
City's Cafeteria Plan . Those employees will also be assessed $16 .00 per month to b e
placed in the Retiree Health Insurance Account . This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the Publi c
Employees' Contingency Reserve Fund and the Administrative Costs . However, there i s
no requirement that these funds be used exclusively for this purpose nor any guarante e
that they will be sufficient to fund retiree health costs, although they will be used fo r
negotiated employee benefits .
D.Dental and Vision Insurance/Dependent Coverag e
Employees will be required to participate in the City's dental and vision plans at th e
employee only rate . Should they elect to cover dependents in the City's dental and visio n
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plans, they may do so, even if they do not have dependent coverage under PERS .
E.Long-Term Disability Insuranc e
Safety employees are covered for Long Term Disability Insurance through the Union's
plan . All non-safety employees in this bargaining unit shall be covered under the City's
Long Term Disability Insurance Program . Non-safety employees shall pay the LT D
premiums by payroll deduction on a pre-tax basis through the City's cafeteria plan .
F.Representation on a Medical Plan Review Committe e
The Union shall actively participate in the Medical Plan Review Committee . Such
committee shall review medical plans and may recommend alternative medical plans ,
including those offered by PERS .
29
ARTICLE 2 4
VACATION LEAVE,
1.Each incumbent of a 40-hour a week line-item position shall accrue vacation leave wit h
pay at the rate of 12 days per year of continuous service since the benefit date for the firs t
five years ; 15 days per year upon completion of five years ; 18 days per year upo n
completion of ten years ; and 20 days per year upon completion of twenty years .
Employees scheduled for more than 40 hours per week shall receive the equivalen t
number of vacation days prorated to the number of regularly scheduled work hour s
(respectively, 134 .4 hours per year for the first five years ; 168 hours per year upo n
completion of five years, 201 .6 hours per year upon completion of ten years and 224 .6
hours per year upon completion of twenty years).
2.An incumbent is not eligible to use accrued vacation leave until after the completion o f
the sixth calendar month of service since the benefit date .
3.An employee who leaves the City service shall receive payment for any unused vacatio n
leave.
4.Department Heads shall be responsible for arranging a vacation schedule, first with th e
needs of the City as the determining factor and, second, insofar as possible, with th e
wishes of the employee .
5.There will be no accrual of vacation leave to non-shift employees in excess of two time s
(2x) their annual accrual . Maximum accrual of vacation leave for shift employees i s
twice the annual rate except as noted in Section 6, Paragraph E .
6.VACATION USE :
A.Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non-shift employees . The employee with the mos t
seniority shall select first, with the following choices made in descending order o f
seniority .
B.First choice vacation shall be made during November/December each year . The
first choice shall be a minimum of four (4) shifts off within one (1) cycle .
C.Should an employee be in danger of losing vacation accrual due to reaching th e
twice annual vacation cap, for reasons other than those found in Section 6 (G) an d
(H), the Fire Chief will review the circumstances which have prevented th e
employee from taking vacation and will determine whether or not the employe e
should be allowed to accrue beyond the cap or should be authorized to exercis e
his/her one-time annual opportunity for vacation payout under Section 6 (K) o f
this article,
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Particular consideration will be given to those circumstances where vacation us e
is denied because use would generate the need for mandatory overtime .
D.Employees have the right to have two (2) employees off on vacation per shift ;
except on the Christmas, New Years and Thanksgiving holidays only one
employee shall have the right to be off on vacation . Additional vacation slot s
may be made available if personnel are available to fill the shift without causin g
mandatory overtime .
E.Employees have the right to unscheduled vacation as provided in the curren t
departmental Operations Manual (G .O. 204 .01).
F.Time off by Battalion Chiefs is not included in the determination of the number o f
employees on vacation per D above .
G.If an employee's first choice vacation is changed by direction of the department ,
such change shall not cause an employee to lose vacation that may be accrue d
above twice the annual rate maximum . In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the change d
vacation .
H.If an employee must cancel vacation for good reason, as defined by management ,
the vacation above twice the annual rate shall be paid as accrued .
Employees may cancel scheduled vacation for any reason with a minimum of 1 5
days advance written notice to the Fire Chief or his/her designated representative .
Maximum vacation accruals will not be waived for vacation canceled pursuant t o
this section .
J .Any cancelled scheduled vacations will continue to be available for reselection b y
other employees .
Departmental General Operations 204 .07 shall be modified as follows :
If approval is granted for vacation cancellation by the Fire Chief, the Battalio n
Chief on the shift affected will direct the appropriate Captain to make notificatio n
of the dates available to the platoon . Selection of available dates will be handle d
as a second choice vacation pick, selection may consist of any or all day s
remaining available . All selections made from the cancelled days will b e
recognized as scheduled vacation . Filling the cancelled days will start with th e
next person below on the seniority list (person below the person who i s
canceling). Filling the cancelled days will continue until all the days have bee n
filled or all the personnel on that shift have been able to review and select th e
remaining available vacation shifts.
31
K. All employees in this unit are eligible, once annually in December, to reques t
payment for up to 150 hours of unused vacation leave provided that a n
employee's attendance practices are satisfactory .
32
ARTICLE 2 5
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head . When
possible, such leave requests shall be in writing and approved in advance . All other leave o f
absence requests shall be handled in accordance with Section 2 .36 .460 of the Personnel Rule s
and Regulations .
33
ARTICLE 2 6
HOLIDAY S
A.The following days of each year are designated as paid holidays :
January 1 - New Year's Da y
Third Monday in January - Martin Luther King Da y
Third Monday in February - President's Da y
Last Monday in May - Memorial Da y
July 4 - Independence Da y
First Monday in September - Labor Da y
November 11 - Veteran 's Da y
Fourth Thursday in November - Thanksgiving Da y
Friday after Thanksgiving
December 25 - Christma s
One-half day before Christma s
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only )
When a holiday falls on a Saturday, the preceding Friday shall be observed .
When a holiday falls on a Sunday, the following Monday shall be observed .
B.Each employee on 24-hour shift duty shall earn 6 .07 hours of holiday leave semi -
monthly, in lieu of fixed holidays .
Such employees shall receive payment at straight time hourly rate for a portion of thei r
earned holiday leave (2 .6 hours) each bi-weekly payroll period.
The remainder of the employee's annual holiday leave (78 hours) shall be advanced to th e
employee effective the first payroll period in January of each year . Such holiday leave
may be taken off by the employee as provided in the current departmental Operation s
Manual (G .O . 204 .03).
Each calendar quarter, an employee' has the option of receiving payment for one-fourt h
(1/4) of his/her advanced holiday leave . The combination of holiday leave taken off an d
payment of advanced holiday time may not exceed 78 hours . Any holiday leave
remaining as of the last payroll period in December of each year will be paid to th e
employee at the straight time rate .
If an employee terminates for any reason, having taken off hours in excess of his/he r
prorated share, the value of the overage will be deducted from the employee's fina l
paycheck .
34
C, Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-monthl y
basis and added to the vacation accrual . Use, carry-over, accumulation, etc ., of such
vacation shall be subject to the same rules and procedures that cover all accrued vacation .
35
ARTICLE 2 7
BEREAVEMENT LEAV E
At each employee's option, absence from duty due to the death of a member of the employee's
immediate family, meaning spouse/domestic partner, child, brother, sister, parent, parent-in-law ,
step-parent, step-brother, step-sister, grandparent, or any other relative living in the sam e
household, provided such leave as defined in this section shall not exceed five (5) working day s
or the shift equivalent (56 hrs .) from each incident . The employee may be required to submi t
proof of relative's death before being granted sick leave pay . False information given concernin g
the death of relationship shall be cause for discharge .
36
ARTICLE 2 8
SICK LEAV E
Sick leave is governed by Section 2 .36 .420 of the Municipal Code . (See Appendix C attached).
Upon termination of employment by death or retirement, a percentage of the dollar value of th e
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary o r
beneficiaries, according to the following schedule :
(1)Death - 50% Such payment shall be made within seventy-two hours of notice to the Cit y
of an employee's death .
(2)Retirement and actual commencement of PERS benefits :
(a)After ten years of continuous employment -.10%
(b)After twenty years of continuous employment - 15 %
(3)Job-related disability retirement and actual commencement of PERS benefits - 75% wit h
a maximum of 1000 hours payoff (75% of 1333 .3 accrued hours .)
37
ARTICLE 2 9
FAMILY LEAVE
1.An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, o f
sick leave per year if required to be away from the job to personally care for a member o f
his/her immediate family .
2.An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of th e
employee's household .
3.An employee may take up to seven (7) days (56 hours) of sick leave per year or the shift
equivalent (78 .4 hours) if the family member is part of the employee's household and i s
hospitalized . The employee shall submit written verification of such hospitalization .
4.The amounts shown in 1, 2, and 3 above are annual maximums, not maximums pe r
qualifying family member . A member of the employee's immediate family shall mea n
spouse or registered domestic partner, child, brother, sister, parent, parent-in-law, step -
parent, step-brother, step-sister, grandparent, or any other relative living in the sam e
household .
5.If the family member is a child, parent, spouse or registered 'domestic partner, a n
employee may use up to 48 hours (67 .2 hours for shift employees) annually to attend t o
the illness of the child, parent, spouse or registered domestic partner, instead of th e
annual maximums in paragraphs 1 . and 2 . above, in accordance with Labor Code Sectio n
233 .
6.In conjunction with existing leave benefits, unit employees with one year of City servic e
who have worked at least 1280 hours in the last year may be eligible for up to 12 week s
of Family/Medical Leave within any 12 month period . Family/Medical leave can be use d
for :
a.A new child through birth adoption or foster care (maternal or paternal leave).
b.A seriously ill child, spouse or parent who requires hospitalization or continuin g
treatment by a physician .
c.Placement of an employee's child for adoption or foster care .
d.A serious health condition which makes the employee unable to perform th e
functions of his or her position .
This leave shall be in addition to leave available to employees under the existing fou r
month Pregnancy Disability Leave provided by California law . Paid leave, if used for
family leave purposes or personal illness, will be subtracted from the 12 weeks allowe d
by the Family/Medical Leave Program . Employees must use all available vacation ,
compensatory time and administrative leave and, if appropriate, sick leave prior t o
receiving unpaid Family/Medical Leave .
38
Employees on Family/Medical Leave will continue to receive the City's contributio n
toward the cost of health insurance premiums . However, employees who receive cash
back under the City's Flexible Benefit Plan will not receive that cash during th e
Family/Medical Leave . Only City group health insurance premiums will be paid by th e
City .
If an employee does not return to work following Family/Medical Leave, the City ma y
collect the amount paid for health insurance by the City during the leave. There are tw o
exceptions to this rule .
1.The continuation of a serious health condition of the employee or a covere d
family member prevents the return .
2.Circumstances beyond the employee's control . Further details on Family/Medica l
Leave are available through the City's "Guide to Family/Medical Leave Program".
39
ARTICLE 3 0
WORKERS' COMPENSATION LEAV E
Any employee who is absent from duty because of on-the-job injury in accordance with stat e
workers' compensation law and is not eligible for disability payments under Labor Code Sectio n
4850, shall be paid the difference between his base salary and the amount provided by workers '
compensation law during the first 90 business days of such disability absence.
40
ARTICLE 3 1
MODIFIED WORK ASSIGNMEN T
A modified work assignment is generally administrative in nature and may require the individua l
to sit at a desk, type, drive a vehicle, and engage in minimal walking . The employee may receiv e
work assignments in one or more of the Department's program areas : Administration, Training ,
Hazard Prevention, Technical Services, Disaster Preparedness, Emergency Response, o r
Communications . The schedule is typically .40 hours a week with the employee working unde r
the supervision of the Fire Chief or a Battalion Chief . There are two methods for placing a
person on modified duty :
1)At the employee's request during a recovery period (minimum of two weeks) due to a n
off-duty injury or illness .
2)At the request of the City because of a Worker's Compensation injury . Each is
dependent upon the availability of an appropriate work assignment .
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40 -
hour modified duty administrative work assignment . The Fire Chief, or designee, would review
the temporary modified work restrictions provided by the employee's doctor . The Departmen t
typically has a variety of tasks that a person might be assigned to work on . In accordance wit h
past practice, as long as a legitimate modified work assignment is available (minimum of tw o
weeks), the Fire Chief will accommodate this request .
Worker's Compensation Injury - An employee is on Worker's Compensation injury leave i s
provided temporary modified work restrictions and the Fire Chief knows of a possible modifie d
work assignment . The Fire Chief, or designee, would notify the employee of the modified wor k
assignment available . Employees on Worker's compensation certified by a doctor for a
modified work assignment may lose benefits if they refuse available modified work assignmen t
based on Worker's compensation law .
Once an employee is released to light-duty, a Personnel Action Form is initiated and all leav e
balances (Holiday, Vacation, Sick Leave, etc .) are changed to reflect a 40-hour work week . It
should be noted that any leave taken during this light-duty period is taken at the 40-hour work
week accrual rate and no FLSA is given .
The employee would transfer to a modified work assignment as soon as the employee ha s
completed his/her FLSA period (the FLSA period runs concurrent with the A shift's schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will b e
reviewed with the employee prior to setting up the work schedule . Once the employee ha s
received a doctor's release to return back to full-duty and it has been approved by the Fire Chief ,
the employee will return to their appropriate shift on their next scheduled work day, assumin g
this return schedule does not trigger overtime in excess of regular FLSA overtime . If exces s
overtime would be triggered, the employee will return to work on the earliest date that will no t
trigger excess overtime .
41
ARTICLE 3 2
SAFET Y
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7 .
42
ARTICLE 3 3
RETIREMEN T
A . The City agrees to provide the Public Employees' Retirement System's 3% at age 50 pla n
to all sworn personnel and the 2 .7% at age 55 plan to all non-sworn personnel fo r
employees hired before July 1, 2012 . The 3% at age 50 plan includes the followin g
amendments : Post Retirement Survivor Allowance, conversion of unused sick leave t o
additional retirement credit, the 1959 Survivor's Benefit, one-year final compensation ,
Military Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit . Th e
2 .7% at 55 plan has the following amendments : 1959 survivor's Benefit, conversion o f
unused sick leave to additional retirement credit, one year final compensation, and Pre -
Retirement Optional Settlement 2 Death Benefit .
(1) The City agrees to contribute up to 9% of safety members' obligation t o
contribute to PERS, until the first full payroll period in July 2012 when the Cit y
will pay 1 .5% of the members' obligation to contribute to PERS . Effective the
first full pay period in July 2013, the City will discontinue paying the safet y
members' obligation to PERS . Safety members will pay the full Membe r
contribution to PERS effective the first full pay period in July 2013 .
(2) City agrees to contribute up to 8% of non-safety members' obligation to
contribute to PERS, until the first full payroll period in July 2012 when the City
will pay 0 .5% of the members' obligation to contribute to PERS . Effective the
first full pay period in July 2013, the City will discontinue paying the non-safet y
members' obligation to PERS . Non-safety members will pay the full Membe r
contribution to PERS effective the first full pay period in July 2013 .
(3) The City agrees to report as salary all Employer-Paid Member Contributions fo r
full-time employees to PERS for the purposes of retirement credit in accordanc e
with Gov . Code Section 20636 (c).(4). until the first full pay period in July 2013 .
(4) The amount paid by the City is an employee contribution and is paid by the City
to partially satisfy the employee's obligation to contribute to PERS . An employee
has no option to receive the contributed amounts directly instead of having the m
paid by the City to PERS on behalf of the employee . The Union understands an d
agrees that employees bear the risk of payment of any increases in the employe e
contributions above the amount provided in this Agreement which may result b y
action of PERS or the state legislature . Parties further agree that City payment o f
PERS contributions is made based upon tax treatment currently permitted by th e
State Franchise Tax Board and the IRS . Should current tax treatment change, th e
Union and the employees hold harmless the City, its officers and agents from an y
and all claims or costs of any type, including but not limited to, liability for bac k
43
taxes, arising out of this Agreement to pay part of the employee's PER S
contribution . Should current tax treatment change, the Union shall have th e
opportunity to meet and confer regarding any such changes .
B . For City employees hired on or after July 1, 2012, the City will provide the PERS Safet y
3% @ 55 retirement plan for safety members using the average of the three highest year s
as final compensation. This second tier formula will include the following amendments :
Post Retirement Survivor Allowance, conversion of unused sick leave to additiona l
retirement credit, the 1959 Survivor's Benefit, one-year final compensation, Military
Service Credit, and Pre-Retirement Optional Settlement 2 Death Benefit. Non-safet y
members will be subject to the same second tier PERS formula implemented with th e
San Luis Obispo City Employees Association (SLOCEA). New Employees hired under
either second tier formula will pay the full member contribution required under the plan ,
presently nine (9%) for the Safety plan and seven percent (7%) for the Miscellaneou s
plan .
44
ARTICLE 3 4
HOURS
A.Employees assigned to a 24-hour shift schedule, shall work a shift schedule which, over a
period of one year, shall average approximately fifty-six (56) hours per week .
For purposes of illustration only, a copy of the shift schedule pattern is set forth i n
Appendix B .
The Department shall give no less than 15 days notice prior to changing a shift
assignment for non-emergency reasons .
A work shift is defined as a work period of twenty-four (24) hours, commencing at 080 0
hours and continuing until the next day, ending at 0800 hours (8 a .ni . to the following 8
a.m .)
Within each work shift the work day will be from 0800 to 1700 hours . The work day will
be divided as follows :
0800 - 1200 Captain's Priorit y
1200-1300 Lunch
1300 - 1700 Chief's Priority/Captain's Priorit y
The intent of Captain's Priority is to create a productive schedule providing latitude fo r
necessary classes, rewards and individual's priorities . Included in Captain's Priority i s
vehicle and station maintenance, fitness training and Captain's projects 8-12 daily .
Holidays and weekends are also Captain's Priority times .
B.Shift Exchange - The Fire Chief or his/her representative may authorize employee s
covered by this Agreement to exchange shift assignments with other departmen t
employees of equal rank or qualifications for the position . Anyone working more than 72
consecutive hours must contact the Battalion Chief for confirmation that reasonable res t
has been achieved .
C.Vacation Exchange – The Fire Chief or his/her representative may authorize employee s
covered by this Agreement to exchange vacation leave with other depait„ient employee s
of equal rank or qualifications for the position .
D.Early Relief - The Fire Chief or his/her representative may authorize employees covere d
by this Agreement to relieve another department employee of equal rank or qualification s
for the position prior to the end of the scheduled shift .
45
ARTICLE 3 5
HEALTH/FITNES S
The City, the Department and the Union are desirous of implementing measures to promote th e
well being of employees and reduce the incidents of preventable accidents, illnesses, an d
disabilities, and have, and shall continue to, work cooperatively to encourage and develop a n
appropriate program to enhance physical fitness and health and to establish required physica l
standards to be met by all employees . The parties have agreed to implement the physical fitnes s
program outlined in the "Health and Fitness Maintenance Program".
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire Department .
The Union further recognizes there is a fire department policy concerning smoking i n
departmental facilities and vehicles . The parties agree that smoking poses health risks to non -
smokers as well as smokers .
46
ARTICLE 3 6
SALARY SURVEY CITIE S
Cities to be used for review of salaries shall include :
Chico
Davi s
Monterey
Nap a
Petaluma
Pleasanton
Salinas
Santa Cruz
Santa Mari a
It is agreed that, during the negotiations to produce a successor Agreement, either party ma y
propose changes to the above list of cities . A revised, mutually agreed upon list, may be use d
during the negotiations to produce a successor Agreement . In the absence of an agreement fo r
change, the issue shall be referred to the meet and confer process .
47
ARTICLE 3 7
LAYOFF S
In accordance with Personnel Rule 2 .36 .280, the City Council of San Luis Obispo shal l
determine when layoffs are to occur . The human resources Director shall be responsible for th e
implementation of a layoff order of the City Council in accordance with the procedures outline d
below :
A .After determining a layoff is needed within the Union, the order of layoffs shall be a s
follows :
1.Temporary and contract employees, in the order to be determined by th e
appointing authority ;
2.Probationary employees (promotional probation excluded), in the order to b e
determined by the appointing authority ;
3.For regular employees within the Union, layoffs shall be governed by seniorit y
and job performance . Seniority is established by time in service within the Union .
That is, the last employee hired into the bargaining unit shall be the first employe e
laid-off. Job performance categories shall be defined'as follows .
Category 1 :
Performance that is unsatisfactory, below standard, needs improvement ,
unacceptable or does not meet minimum standards .
Performance defined by this category is evidenced by an employee's two mos t
recent performance evaluations with an overall rating that falls within the lowes t
two categories of the performance appraisal report .
Category 2 :
Performance that is competent, superior, meets expectations, meets performanc e
standards, exceeds performance standards and expectations, or is outstanding .
Performance defined by this category is evidenced by an employee's two mos t
recent performance evaluations with an overall rating that falls within the top tw o
to three performance categories of the performance appraisal .
A regular employee being laid off shall be that employee with the least seniorit y
in the Union and who is in the lowest job performance category . Employees i n
Category 1 with the lowest seniority will be laid off first, followed by employee s
in Category 2 . Should the two performance evaluations contain overall rating s
that are in the two different categories as defined above, the third most recen t
evaluation overall rating shall be used to determine which performance categor y
48
the City shall use in determining order of layoffs .
4.Transfer to another department in lieu of layoff is authorized, upon approval o f
the department heads, if there is a vacancy and the employee meets the minimu m
job requirements .
B .Laid-Off Employees on Re-employment Lis t
1.The names of employees who have been laid-off shall be placed on th e
appropriate Re-employment List . The recall of employees will be in reverse order
of layoff, depending upon City requirements .
2.Names of employees laid-off shall be placed on a re-employment list for a perio d
of two years . They will be offered re-employment only once before bein g
removed from the list for the job they held before being laid-off . Re-employment
lists shall be used for filling those classes requiring substantially the sam e
minimum qualifications, duties and responsibilities of the class from which th e
layoff was made .
C .Appointment of Laid-Off Employees to Vacant Clas s
1 . An appointing authority may, with the approval of the Department Head and th e
human resources Director and in agreement with the employee, appoint an
employee who is to be laid-off to a vacancy in a vacant class for which he or sh e
is qualified . He/she will still remain on the re-employment list for the job fro m
which he/she was laid-off.
D .Employee Reassignments (bump back procedure) for IAFF Local 352 3
1.Employees who have been promoted during their service with the City may bum p
back in their career series to a position they formerly held, if there is an employe e
in the lower classification with less seniority than the employee who wants t o
bump back . Seniority for the purpose of this section shall mean time in service ,
as a regular employee, within the Union . For example, an employee attempting t o
bump back to Engineer from Captain would utilize his/her combined time withi n
the Union, firefighter, engineer or captain, in determining whether or not he/sh e
had more seniority than an individual in the Engineer classification . The intent i s
to have the last person hired into the Union be the first person to be laid-off .
2.Reassignment rights may be exercised only once in connection with any on e
layoff, and shall be exercised within 20 calendar days from the date of the notic e
of the layoff, by written notice from the employee .
3.The bumping right shall be considered exercised by the displacement of anothe r
employee with lesser total seniority or by the acceptance of a vacant position i n
the class with the same or lower salary .
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4.Employees who are reassigned (bump back) are to be placed on an open re -
employment list for the position they have vacated .
5.Employees on layoff shall be offered re-employment in the inverse order o f
layoff, provided no intervening factors have occurred which essentially chang e
the ability of the employee to perform the offered employment .
E . The City will notify recognized employee organizations of the effective date of an y
reduction in force concurrent with the notice to the affected employee(s) pursuant to F ,
below .
F .Notice of layoff to Employee s
1 . An employee to be laid-off shall be notified in writing of the impending action a t
least thirty (30) calendar days in advance of the effective date of the layoff . The
notice shall include the following information .
a.Reason for layoff .
b.Effective date of layoff
c.Employee rights as provided in these rules.
G .Removal of Names From Re-employment List s
1 .The human resources Director may remove an employee's name from a re -
employment list if any of the following occur :
a.The individual indicates that he/she will be unable to return to
employment with the City during the life of the list ; or
b.The individual cannot be reached after reasonable efforts have been mad e
to do so . The City shall utilize certified mail when contacting individuals ;
o r
c.The individual refuses one re-employment offer at his/her previous job .
Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work .
H .Employee Rights and Responsibilitie s
1 .In addition to others identified herein, employees affected by these procedures
shall have the following rights :
a.Through prior arrangement with his/her immediate supervisor a n
employee who has been notified of his/her impending Iayoff shall b e
granted reasonable time off without loss of pay to participate in a pre -
scheduled interview or test for other employment .
b.An employee who has been laid-off shall be paid in full for his/her unuse d
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accrued vacation leave and holiday leave on the effective date of th e
layoff.
c .When an individual is reemployed he/she shall be entitled to :
Retain his/her seniority date .
Accrue vacation leave at the same rate at which it was accrued a t
the time of the layoff .
Have any unused sick leave reinstated .
The same retirement package prior to layoff, assuming that th e
employee has not withdrawn his/her PERS funds . If an employe e
has withdrawn funds, he/she will be reinstated to the retiremen t
package which is currently in effect for all newly hired employee s
unless the employee notifies PERS within 90 days that he/she
wishes to redeposit the withdrawn funds .
2.An individual reemployed into the job from which he/she was laid off shall b e
assigned to the same salary range and step he/she held at the time of the layoff .
An individual reemployed into a job classification other than the classificatio n
from which he/she was laid off shall be assigned to the salary range of the ne w
classification at the amount closest to the salary he/she earned at the time of th e
layoff.
3.When an individual has been reemployed after a layoff by bumping back to a
lower job classification prior to being laid-off, he/she will be placed on a re -
employment list for the higher job classification held prior to bumping back .
4.A probationary employee who is reemployed shall be responsible for completin g
his/her probationary time commitment. Similarly, an individual who i s
reemployed shall complete, upon return to the job, the same work time he/sh e
would have had to work at the time of the layoff to attain a higher vacation leav e
accrual rate or to become eligible for a salary step increase .
5.The intent of the layoff policy is to have the last hired the first laid off .
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ARTICLE 3 8
WORK ACTION S
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose a n
imminent threat to public health or safety and is unlawful, furthermore, it shall terminate th e
employment relation . Provided however that nothing herein shall be so construed as to affect the
right of any employee to abandon or to resign his employment .
(a) Employee organizations shall not hinder, delay, interfere with, nor coerce employees o f
the City to hinder, delay, or interfere with, the peaceful performance of City services b y
strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, o r
unlawful picketing .
In the event that there occurs any strike, concerted work stoppage, or any other form of
interference with or limitation of the peaceful performance of City services prohibited b y
this Article, the City, in addition to any other lawful remedies or disciplinary actions ,
may, by action of the Municipal Employee Relations Officer cancel any or all payrol l
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, an d
withdraw recognition of the employee organization or organizations participating in suc h
actions .
Employee members of any employee organization shall not be locked out or prevented b y
management officials from performing their assigned duties when such employees ar e
willing to perform such duties in the customary manner and at a reasonable level o f
efficiency .
Any decision made under the provisions of this Section may be appealed to the City Council b y
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statemen t
setting forth all of the facts upon which the appeal is based . Such Notice of Appeal must be filed
within ten (10) working days after the affected employee organization first received notice of th e
decision upon which the complaint is based, or it will be considered closed and not subject to an y
other appeal .
(b )
(c)
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ARTICLE 3 9
FIREFIGHTER RECRUITMEN T
1.The Chief, in consultation with the President of the Local 3523, will determin e
the type of Firefighter recruitment to be conducted (e .g . entry level, lateral ,
paramedic, etc .) based on the operational needs of the department . A curren t
eligibility list will be maintained and firefighters will go through the approve d
department academy, as set forth in General Operations 501 .03 .
2.Firefighter Apprentices will be allowed to apply for entry-level firefighte r
positions outside the limitation on the number of applications to be accepted . For
a given recruitment, if the number of applications received by the City for entry -
level firefighter positions is to be limited, the limit will not be less than 100 .
3.For new entry-level firefighters, the State Fire Marshal's Firefighter I certificatio n
will be required . For new entry-level firefighter paramedics, a minimum o f
Firefighter I Academy certification is required . All other employment standard s
remain the same .
53
ARTICLE 4 0
PROBATIONARY PERIO D
All appointments to classifications listed in Appendix "A", including promotional appointments ,
shall be subject to a probationary period of one year . The probationary period may be extende d
if further employee evaluation is deemed necessary for up to six months upon the writte n
recommendation of the Fire Chief and the written approval of the Human Resources Director .
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ARTICLE 4 1
RESIDENCY REQUIREMENT
A,Departmental General Operations 206 .04 shall be modified as follows :
All personnel must live within ninety (90) miles travel distance from the City limits t o
their permanent residence .
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ARTICLE 4 2
STAFFIN G
A.The current number of authorized positions in the Fire Department represented by th e
Local 3523 is 12 Fire Captains, 1 Fire Training Captain, 15 Fire Engineers, 1 2
Firefighters, 1 Fire Vehicle Mechanic, 1 .8 Fire Inspectors, 1 Hazardous Materials
Coordinator, and 24 Paramedics within the ranks of Captain, Firefighter, and Engineer .
One Paramedic Captain (included as one of the 24 Paramedics) will be assigned per shift .
If it becomes necessary for the City to exercise its management right to change those
staffing levels, the City acknowledges its responsibility to meet and confer with th e
Union on the impacts of any such changes .
B.Constant Staffing :An ongoing Constant Staffing Program will commence on May 1 ,
2005 . "Constant Staffing" provides for a mandated fourteen (14) Firefighters on-dut y
every day including the Battalion Chief. Mandated overtime will be used to maintain th e
fourteen (14) per day minimum .
C.There will be no reserve program implemented during the term of this agreement .
D.The present status of the Apprentice Program does not impact on the bargaining uni t
integrity. The City recognizes its obligations to meet and confer on any future impacts o f
the Apprentice Program on the bargaining unit .
E.In the absence of the Battalion Chief, the Fire Chief may temporarily act as Battalio n
Chief in situations that would otherwise require mandatory overtime .
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ARTICLE 43 ,
SENIORITY BIDDING FOR STATION ASSIGNMEN T
A.Intent :
Utilize years of service as an empowerment tool for the employee . Thu s
enhancing their productivity and morale, through their ability to choose statio n
assignment, program assignment and working partners . Station assignmen t
longevity has been proven to deliver higher service levels to the public b y
enhancing knowledge of first in districts, institutional knowledge of facilitie s
and target hazards, and improved skills delivery by crew cohesion resultin g
through consistent training and emergency response experiences .
B.Effective Date :
An open bid process as defined below will become effective January 1, 2011 .
Each member will remain in their selected bid until they choose to utilize thei r
bid for a vacant position, agree to a mutual, or are distributed based o n
department need as described below .
C.Bid Procedure
In the event of a new vacancy (due to retirement, promotion, etc .) in any rank ,
upon determination by the Chief to fill the vacancy, the bid spot shall b e
declared vacant and available for bid from members of the same rank.
•Bid selection will be based on department seniority using th e
department's master seniority list .
•Each member will only be allowed to accept one bid per year (onc e
every twelve months). Newly promoted employees will be offered a
bid, once the bid is complete based on department seniority, regardles s
of the timing of their prior bid in the previous rank .
•After a bid has been closed, any remaining vacancies shall not be fille d
for 30 days .
•Bid assignments will begin the first day of the first full F .L .S .A . period
following selection with the intent to eliminate or minimize overtim e
due to personnel movement .
D .Process :
1 . The President and Vice President of Local 3523 will have the opportunity
for the first and second bid selection during each term as president or vice
president . Once that bid has been used, future bids during the remaining ter m
57
will be based on department seniority.
2.The President of Local 3523 shall have the first selectio n
3.The Vice President of Local 3523 shall have the second selection .
4.The remainder of the bid selection will follow department seniorit y
with the most senior member selecting first . The order of selection
shall be by rank in the following order : Captains, Engineers, and the n
Firefighters
Probationary firefighters will not be included in the station selection proces s
until they have completed their probationary period . Upon completion o f
firefighter probation if their current assignment is vacant, that vacancy will g o
out to bid selection for the entire department .
E .Mutual Bid
Upon request from two members of equal rank and specialty skill designatio n
for a mutual exchange of their bid assignments, the Battalion Chief, Compan y
Officers, and a union representative of the members making the request shal l
meet and evaluate the request for approval or denial . If the request for th e
mutual is accepted those employees involved will have used their one bid fo r
the year. If the request for mutual exchange is denied, the applicants ca n
utilize the IRC for review of that decision .
To ensure equity throughout the entire bid process, mutual transfers ar e
subject to the following additional requirements :
1.The bid transfer must be effective for a minimum of 12 months .
2.If within that 12 month period either party involved separates or promotes ,
the remaining party must comply with the following :
a. The original station occupied by the person vacating will be put u p
for bid, and the remaining parties can bid for that position . If th e
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bi d
rights after the remainder of the 12 month period .
F .Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Enginee r
or Firefighter . Captains may fill into the paramedic pool if there are no t
enough Paramedics within the Firefighter/Engineer rank . Each shift will have
one of the three Paramedic Coordinators . Paramedic Coordinators will be a
minimum 2 year commitment and only vacated voluntarily or as determine d
by the Fire Chief. The Captain taking the position of Paramedic Coordinator
cannot be the primary paramedic on their selected crew . Each shift will hav e
paramedics evenly distributed depending on the size of the paramedic poo l
(example : pool of 24, 8 medics per shift).
58
Hazardous Materials Team Members will be evenly distributed to ensure a t
least one Hazardous Materials Team Member is assigned to each shift .
All corrections to completed bids will take place with the Battalion Chief an d
a shop steward to make sure that paramedics, paramedic coordinators, an d
hazardous materials team members are represented on all three shifts .
Individuals bidding for assignment as the Station 1 Captain shall be subject fo r
interview by the Shop Steward and the appropriate Battalion Chief prior to bi d
selections being finalized .
Individuals working out of grade will work at the station at which the vacanc y
is occurring . Selection of the individuals who will work out of grade is t o
remain consistent with existing policies . Vacancies created by promotion o r
retirements are to be filled by the newly promoted individuals once the bid ha s
been completed .
Administration of the Fire Department recognizes and supports the premis e
that placing employees at stations of their preference is beneficial . The Fir e
Department Administration needs a degree of flexibility to accomplish th e
following goal :
1 .Allow for mentoring and conflict resolutio n
Station bid adjustments by Fire Department Administration shall b e
accompanied by written justification as to the perceived need .
After initial placement, movement of personnel shall be for a maximum perio d
of six months . At the end of this six-month period, the effected personne l
shall return to their station of choice . Reasons for moves for more than si x
months or for permanent relocation need to be in writing .
Except in extraordinary circumstances no movement of personnel will b e
initiated during the months of November and December .
When movement of personnel is initiated by the Department and is not due t o
any fault of the individual(s), the Department will honor all approved time of f
requests .
G .Issue Resolution Committee :
Intent :
The intent of the Issue Resolution Committee is two fold :
First, is to deal with the larger issue of how the program works . Does th e
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process work ; are we able to meet the goals of the program and th e
department?
Second, are both labor and management needs being addressed fairly an d
equitably .
Committee membership :
The Issue Resolution Committee (IRC) will consist of two members fro m
management . The President of Local 3523 will appoint two members fro m
the employee's bargaining unit . A fifth member will be chosen by the abov e
four members . The Fire Chief or the labor President can substitute th e
members from management and labor, respectively, for cause .
Issue Resolution :
Local 3523, through their Board of Directors, or Fire Departmen t
Administration, through the Fire Chief, can bring issues to the Committee .
The IRC will convene within five business days of receipt of an issue o f
concern or a question of process . Issues will be decided based on th e
information presented to the committee . Issues or questions will b e
considered resolved by a vote of 4 out of 5 committee members .
The IRC will review the overall program as it relates to program an d
depaitment goals annually or as needed . Unresolved issues will be taken t o
the next contract negotiations as a negotiable issue .
The IRC will attempt to resolve issues of a personal nature, i .e . statio n
placement, or an interpretation of the process, as they come up . If th e
committee cannot resolve an issue, the Fire Chief will resolve the issue .
By mutual agreement of Local 3523 and Fire Department Administration, thi s
program can be discontinued at any time .
All committee members performing the duties of this committee while off
duty will be compensated (at straight time), hour for hour .
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ARTICLE 4 4
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiabl e
issues between the City and the Union . This Agreement supersedes all previous Memoranda o f
Understanding or Memoranda of Agreement between the City and the Union except as
specifically referred to in this Agreement . During the life of this Memorandum of Agreement ,
should either party desire to modify its terms or to meet and confer with respect to matters withi n
the scope of representation, such party shall request in writing to meet and confer on suc h
item(s), which item(s) shall be specified in writing . During the life of this Memorandum o f
Agreement, either party may refuse such a request without explanation, and no unilateral actio n
may be taken on the matter within the scope of representation during the term of this agreement .
Should the City wish to take action on a matter which relates primarily to matters not within th e
scope of representation, but impacts matters within the scope of representation, it shall provid e
notice to the Union and afford the opportunity to meet and confer on the impact of it s
decision(s). If a conflict arises between the MOA and General Operations or any other polic y
and procedure, the MOA shall prevail .
Should the City propose to consolidate, merge, and/or contract out the Fire Service function, i t
will give notice to the Union and meet and confer on any aspects of the proposal which fal l
within the scope of representation .
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ARTICLE 4 5
SAVINGS CLAUS E
If any provision of this Agreement should be held invalid by operation of law or by any court o f
competent jurisdiction, or if compliance with or enforcement of any provision should b e
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and th e
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutuall y
satisfactory replacement for such provision within thirty (30) day work period . If no Agreemen t
has been reached, the parties agree to invoke the provision of impasse under City Resolutio n
6620 .
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ARTICLE 4 6
RENEGOTIATION S
Pursuant to Resolution No . 6287, (1989 Series): If either party wishes to make changes to thi s
agreement, that party shall serve upon the other its written request to negotiate as well as its
initial proposals for an amended Agreement . Such notice and proposals must be submitted to th e
other party by August 15, 2015 . If notice is properly and timely given, negotiations shal l
commence no later than September 15, 2015 .
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ARTICLE 4 7
AUTHORIZED AGENT S
For the purpose of administering the terms and provisions of this Agreement :
A.Local 3523's principal authorized agent shall be the President (address : 2160 Sant a
Barbara Avenue, San Luis Obispo, California 93401 ; telephone : (805) 550-5020).
B.Management's principal authorized agent shall be the Human Resources Director o r
his/her duly authorized representative (address : 990 Palm Street, San Luis Obispo ,
California 93401 ; telephone: (805) 781-7250).
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ARTICLE 4 8
TERM OF AGREEMEN T
This Agreement shall become effective as of January 1, 2012 and continue in full force an d
effect until expiration at midnight, December 31, 2015 .
SIGNATURE S
1.Classifications covered by this Agreement and included within this unit are shown i n
Appendix "A".
2.This Agreement does not apply to Temporary Employees or Part-time employees . Thi s
Agreement was executed on March 6, 2012, by the following parties .
CITY OF SAN LUIS OBISP O
Richard C . Bolanos, Chief e gN otiator
INTERNATIONAL ASSOCIATION O F
FIREF GHTE'• , LOCAL 35 2
Stu dams hief Negotiato r
Monica Irons, Human Resources Director Erik Baskin, President
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CLASSIFICATION
APPENDIX A
SALARY RANG E
CLASSIFICATIO N
COD E
Firefighter 6040 61 2
Fire Engineer/Inspector 6020 61 5
Fire Vehicle Mechanic 6030 61 6
Hazardous Materials Coordinator 6165 61 7
Fire Captain 6010 62 1
Fire Inspector I 6198 626
Fire Inspector II 6200 63 0
Fire Inspector III 6202 633
6 6
APPENDIX B.
WORK SCHEDULE ILLUSTRATIO N
For purposes of illustration only, the shift schedule pattern for employees working a fifty-si x
(56) hour work week consists of eight (8) twenty-four (24) hour on-duty periods within a twenty -
four (24) day cycle which is worked in accordance with the following chart :
X = 24-hour on-duty perio d
O = 24-hour off-duty perio d
SCHEDULE : XOXOXOXOOOOXOXOXOXOOOOO O
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APPENDIXC
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAV E
Sick leave is governed by Section 2 .36 .420 of the Municipal Code and reads as follows :
2 .36 .420
Employee responsibilities and benefits - Sick leave .
A .Sick Leave Defined . "Sick leave" shall be defined as follows :
1.Absence from duty because of illness or off-the-job injury, or exposure t o
contagious diseases as evidence by certification from an accepted medica l
authority ;
2.At each employee's option, absence from duty due to the death of a member of th e
"employee's immediate family," meaning spouse, registered domestic partner,
child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister ,
or any other relative living in the same household, provided such leave as defined
in this subsection shall not exceed five working days (40 hours for non-shift
personnel, 56 hours for shift personnel) from each incident . The employee may
be required to submit proof of relative's death before being granted sick leave pay ;
3.An employee whose memorandum of understanding incorporates a provision fo r
"family leave" may use sick leave not to exceed three days (24 hours for non-shift
personnel, 33 .6 hours for shift personnel) per year if required to be away fro m
his/her job to personally care for a member of the employee's immediate family a s
defined in this subsection .
B.Rules Governing Sick Leave .
1.Each incumbent of a Iine-item position shall accrue sick leave with pay at the rat e
of twelve days (96 hours) or the shift equivalent (134 .4 hours) per year o f
continuous service since the benefit date .
2.Sick leave may be used after the completion of the month of service in which i t
was earned .
3.Sick leave shall begin with the first day of illness .
4.Department heads shall be responsible to the City Manager for the uses of sic k
leave in their departments .
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5.A department head shall require written proof of illness from an authorize d
medical authority at the employee's expense for sick leave use in excess of fiv e
consecutive working days by personnel in his/her department . Such proof may b e
required for periods of less than five consecutive working days where there exist s
indication of abuse .
6.Any employee who is absent because of sickness or other physical disability shal l
notify his/her immediate supervisor or department head as soon as possible but i n
any event during the first day of absence . Any employee who fails to compl y
with this provision without having a valid reason will be placed on leave o f
absence without pay during the unexcused absence and be subject to disciplinar y
action in accordance with procedures established by this chapter .
7.Any employee absent for an extended illness or other physical disability may b e
required by the Human Resources director to have an examination by the city's
medical examiner at city expense prior to reinstatement to the city service .
8.An appointing authority, subject to approval of the Human Resources director ,
may require any employee to be medically examined where reasonable caus e
exists to believe that an employee has a medical condition which impairs his/he r
job effectiveness or may endanger the health, safety or welfare of the employee ,
other employees or the public . Employees who are judged to be physicall y
incapable of meeting normal requirements of their positions may be placed in a
classification of work for which they are suitable when a vacancy exists, or ma y
be separated for physical disability.
9.In the event that an employee's sick leave benefits become exhausted due t o
illness or exposure to contagious disease, the employee shall revert to a status o f
leave of absence without pay and be subject to the provisions of Section 2 .36 .460 .
10.The right to benefits under the sick leave plan shall continue only during th e
period that the employee is employed by the city . This plan shall not give any
employee the right to be retained in the services of the city, or any right of clai m
to sickness disability benefits after separation from the service of the city . When
an employee receives compensation under the Worker's Compensation Act o f
California, such compensation received shall be considered part of the salary to b e
paid to the employee eligible for such payments as required by state law. The
amount paid by the city shall be the difference between the amount received b y
the employee from the city's compensation insurance coverage and the eligibl e
employee's regular rate of pay .
11.Notwithstanding anything contained in this section, no employee shall be entitle d
to receive any payment or other compensation from the city while absent fro m
duty by reason of injuries or disability received as a result of engaging i n
employment other than employment by the city for monetary gain or othe r
69
compensation, or by reason of engaging in business or activity for monetary o r
other compensation other than business or activity connected with his/her cit y
employment.
12.A public safety employee shall not receive sick leave payments while receivin g
Worker's Compensation payments .
13.Accumulation of sick leave days shall be unlimited . (Prior code 2708 .5 )
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SIDE LETTER S
The documents following this section are all Side Letters of Agreement betwee n
the International Association of Firefighters, Local 3523, and City of San Lui s
Obispo . They should not be construed to be part of the Memorandum o f
Agreement and are not subject to the terms of Article 38, Full Agreement . An y
dispute over interpretation or application of the side letters shall be referable t o
the grievance and arbitration procedures of the MOA .
71