HomeMy WebLinkAboutR-10750 - Adopting and ratifying the memorandum of agreement between the the city of SLO and the SLO firefighters local 3523City of San Luis Obispo, Human Resources, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7250, slocity.org
MEMORANDUM
DATE: November 17, 2023
TO: City Council
FROM: Nickole Domini, Director of Human Resources
SUBJECT:Administrative Correction to Memoranda of Agreement between the
City of San Luis Obispo and the International Association of
Firefighters, Local 3523
It has been brought to staff’s attention that there is a typo found in the “Retirement”
Article of the 2016-17, 2018-20, and 2021-23 Memoranda of Agreement with The
International Association of Firefighters, Local 3523.
The language in the “New Members Third Tier” sub-section of the “Retirement” Article
of each MOA states:
“The City will provide the PERS 2% at age 57 retirement plan for
sworn personnel and 2% at age 62 retirement plan for non-sworn
personnel, using the highest three-year average as final
compensation.”
However, this section should state a rate of 2.7% at age 57 for sworn personnel (as
emphasized below):
“The City will provide the PERS 2.7% at age 57 retirement plan for
sworn personnel and 2% at age 62 retirement plan for non-sworn
personnel, using the highest three-year average as final
compensation.
This clerical error pertains to the retirement plan for sworn fire personnel in the new
members' third tier. Specifically, the retirement plan, which is defined by the
regulations outlined in the Public Employees' Pension Reform Act of 2013 (PEPRA),
the Public Employees' Retirement Law, and is detailed within the City's contract with
CalPERS, reflects a 2.7% at age 57 retirement plan for sworn fire personnel. The
authority to determine the formula for the new member safety tier does not rest with
the City Council; rather, it is established by statute. Staff will update the website for
these Memoranda of Agreement effective November 17, 2023.
RESOLUTION NO. 10750 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523 FOR
THE PERIOD OF JANUARY 1, 2016 THROUGH DECEMBER 31, 2017
WHEREAS, the San Luis Obispo Firefighters Local 3523 (Fire) is committed to providing
high quality service to the community and recognize the City's commitment to fiscal
responsibility; and
WHEREAS, Fire employees have demonstrated sensitivity to the fiscal challenges facing the
City for several years by agreeing to no across the board salary increases (e.g. "cost of living"
increases) from July 2010 through June 2016; and
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City's adopted Compensation
Philosophy;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted
and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes in the 2016-2017 Fiscal Year Budgets and Five-year Forecast and other
budgetary documents as needed.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Matt Polkow, San Luis Obispo Firefighters
Local 3523, and Monica Irons, Director of Human Resources.
Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Ashbaugh, Christianson and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
R 10750
Resolution No. 10750 (2016 Series)
The foregoing resolution was adopted this 18th day of October 2016.
Mayor .f a • tx
ATTEST:
". 91WV\-
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
1
Xhristine Dietrick
City Attorney
Page 2
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 1(2 �k day of N b MMbZ-( ,, -2-01 h
QdA-AA..P— 6 e " lm:��
Carrie Gallagher
City Clerk
R 10750
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523
JANUARY 1, 2016 – DECEMBER 31, 2017
Corrected 11/15/2016
i
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 .............................................................. 10
10 Grievance Procedure ......................................................................... 11
11 Salary ................................................................................................ 13
12 Paramedic Incentive Pay .................................................................... 15
13 Station 1 Captain Incentive Pay ......................................................... 16
14 Bilingual Pay ...................................................................................... 17
15 Hazardous Materials Incentive Pay ................................................... 18
16 Above Grade Skills Incentive ............................................................ 19
17 Urban Search and Rescue Incentive ................................................. 20
18 Overtime ........................................................................................... 21
19 Emergency Call Back ....................................................................... 23
20 Work Out of Grade ........................................................................... 24
21 Standby ............................................................................................. 25
22 Educational Incentive ........................................................................ 26
23 Uniform Allowance .......................................................................... 28
24 Fire Vehicle Mechanic Tool Allowance ........................................... 29
25 Insurance ........................................................................................... 30
26 Vacation Leave ................................................................................. 33
27 Leave Of Absence ............................................................................. 36
28 Holidays ............................................................................................ 37
29 Bereavement Leave ........................................................................... 39
30 Sick Leave ......................................................................................... 40
31 Family Leave .................................................................................... 41
ii
Article No. Title Page No.
32 Workers’ Compensation Leave ......................................................... 43
33 Modified Work Assignment ............................................................. 44
34 Safety ................................................................................................ 45
35 Retirement ......................................................................................... 46
36 Hours ................................................................................................. 48
37 Health/Fitness ................................................................................... 49
38 Salary Survey Cities .......................................................................... 50
39 Layoffs .............................................................................................. 51
40 Work Actions .................................................................................... 55
41 Firefighter Recruitment ..................................................................... 56
42 Probationary Period .......................................................................... 57
43 Residency Requirement .................................................................... 58
44 Staffing .............................................................................................. 59
45 Seniority Bidding for Station Assignment ........................................ 60
46 Disciplinary Procedure.........................................................................64
47 Full Agreement ................................................................................. 68
48 Savings Clause .................................................................................. 69
49 Renegotiations ................................................................................... 70
50 Authorized Agents ............................................................................ 71
51 Term of Agreement ........................................................................... 72
Appendix "A" – Classification .......................................................... 73
Appendix "B" - Work Schedule Illustration ..................................... 74
Appendix "C" - Employee Responsibilities
& Benefits - Sick Leave ........................................ 75
Appendix "D" – Salary Ranges ………………………………………78
1
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this October 18, 2016 by and between the City of San
Luis Obispo, hereinafter referred to as the City, and the International Association of Firefighters,
Local 3523, hereinafter referred to as Union or Local 3523.
2
ARTICLE 2
RECOGNITION
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 this
Agreement.
3
ARTICLE 3
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a monthly
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
Director and a notification of all dues transactions shall be sent monthly to the Union Treasurer.
The Union shall hold the City harmless from any and all claims, and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon presentation of
supporting evidence.
4
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters of
employer-employee relations including but not limited to, wages, hours and other terms and
conditions of employment. Employees of the City also shall have the right to refuse to join or
participate in the activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against because of the exercise
of these rights.
5
ARTICLE 5
MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission
of its constituent departments, commissions and boards; set standards of service; determine the
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 other
legitimate reasons; maintain the efficiency of governmental operations; determine the methods,
means and personnel by which government operations are to be conducted; determine the
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 for
performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union by
Government Code Section 3500, et seq.
6
ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not
more than three employee members of such organization and one employee observer to meet and
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, submit
the name(s) of each employee representative to the Municipal Employee Relations Officer at
least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work station or
assignment without specific approval of the department head or other authorized City
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 Bank
1. Union time bank hours are intended for use by eligible Local 3523 Executive Board
members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of carryover time) of
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 not
exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be carried over to
the next year. If no hours were used in the previous year and the maximum hours remain
in the time bank, no additional donations by members shall be authorized in the
upcoming year.
5. During the first full pay period in July each calendar year, Local 3523 President along
with the Executive Board and the Accounting Supervisor shall determine the number of
hours remaining in the Union time bank. That number shall be subtracted from the
maximum number of time bank hours of 440 hours. The difference between the actual
number of hours and the 440 hours maximum will be divided by the number of Local
3523 represented employees. Each 56 hour per week employee shall contribute an equal
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 maintain
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 the
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 Fire
Marshal or designate.
7
8. Vacancies created by approved requests that affect constant staffing, may be filled
through mandated overtime.
8
ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other subjects
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 Meetings
Two to four representatives of the Union, the City Manager (or designee), department
head (or designee), and management representative(s) designated by the City will meet
quarterly if there are issues of concern to the parties. No issues will be brought to this
quarterly meeting without first having been discussed with the department head at a
scheduled monthly meeting.
9
ARTICLE 8
PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing and
scoring processes that will be followed. Once defined, testing and scoring processes will not be
modified.
There will be no banding on promotional exams and, if a candidate is by-passed during the
selection process, that person will be given a written reason by the Fire Chief as to why s/he was
by-passed. The City agrees to an opener to discuss the promotional process if the Fire Chief
goes below the top three (3) candidates in making his selection on promotional exams two (2) or
more times during the term of this contract.
10
ARTICLE 9
UTILIZATION OF CITY FACILITIES
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 in
place. Scheduling of the facilities usage would be conducted so as not to conflict or
interfere with normal operation of departmental business. In lieu of any conflicts in
availability or a denial by the Chief, it will be presumed that the Union will have the OK
of the Chief to use the facility. Activities would include, but would not be limited to:
General Membership meetings, Board of Directors meetings, Negotiation Team
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 this
acknowledgement, the City gives the Union the right to use the computers and the e-mail
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.
11
ARTICLE 10
GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the Employer-
Employee Resolution, the Personnel Rules and Regulations, any memorandum of
agreement with an employee association or any existing written policy or procedure
relating to wages, hours or other terms and conditions of employment excluding
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 affects
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 supervisor
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 writing
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 days
of the occurrence of the grievance. The department head shall promptly consider
the grievance and render a decision in writing within fifteen business days of
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 may
immediately submit the grievance in writing to the human resources director within five
business days of receiving the department head's decision. The Human Resources
Director shall confer with the employee and the department head and any other interested
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 the
City Manager in writing within fifteen business days of receiving the employee’s written
request. The City Manager will meet with the employee if the employee so desires
before rendering a decision with respect to the complaint. The City Manager’s decision
shall be in writing and given to the employee within fifteen business days of receiving the
Human Resources Director's results and findings. Such decision shall be final unless the
employee desires a review of the decision.
12
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 City
Manager’s decision to submit a written request to the Human Resources
Director for review of the decision. The Human Resources Director will
obtain a list of five potential hearing officers from the State Mediation and
Conciliation Service. Then following a random determination of which
party (city or appellant) begins, parties shall alternately strike one name
from the list until only one remains.
b. Within 30 business days, the hearing officer shall review the record and
conduct a hearing on the matter. Within ten business days the hearing
officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance process
may be appealed through the process ultimately to the hearing officer who
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 by
the city and one-half by the Union. All other expenses shall be borne by
the party incurring the expense.
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ARTICLE 11
SALARY
Section A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in the
current Salary Resolution with the following modification: The Fire Chief shall be authorized to
reevaluate employees who reach the top step in their pay range. An employee who is not
performing up to standard for the top step shall be notified in writing that the department head
intends to reduce him/her one step unless his/her job performance improves significantly within
a 60-day period. Unless the employee's job performance improves to an acceptable level by the
end of 60 days, the pay reduction shall then become effective. The top step may be reinstated at
any time upon recommendation of the department head. If the Fire Chief deems it necessary to
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 equals
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% of Step 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 highest
step shall be rounded off to the nearest dollar and the remaining steps established in accordance
with the above formula. Employees who are eligible for advancement to the top two steps must
receive at least a "competent" rating on their most recent performance evaluation prior to or
coincident with their being eligible for advancement by time in grade. Competent is defined as
"Performance meets standards of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the timing
for progression being one-year for each step.
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Section B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period following the dates
listed below:
• Council Adoption of Agreement 2%
• January 1, 2017 2%
Compensation Study Market Equity Adjustments will be effective the first day of the first full
pay period following the dates listed below:
• July 1, 2016 3%
• July 1, 2017 2%
The salary ranges for the term of this agreement are listed in Appendix D.
Section C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated, freezing
her/his salary until such time as there is an improved job performance. The department head
shall give 60 days written notice to any employee s/he intends to "Y" rate, giving the employee
an opportunity to correct any deficiencies. A "Y" rating procedure shall not result (then or later)
in the employee being frozen below the next lower step of the new range.
Section D. Payday
Payroll 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 to
adjustment for cause beyond the City's control.
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ARTICLE 12
PARAMEDIC INCENTIVE PAY
Section A. Paramedic Incentive
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter base
salary, prorated to a bi-weekly amount, to those Firefighters, Engineers, or Captains assigned to
EMT Paramedic duties by the Fire Chief.
Paramedics required to recertify shall be granted four (4) hours training time per month for six
(6) months prior to the recertification. Such hours shall be scheduled by the Department during
the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining the starting
salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of their
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 the
Paramedic Coordinator.
16
ARTICLE 13
STATION I CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station I shall receive $57.69 bi-weekly pay incentive, to
compensate for the additional Station l workload. Mandatory assignments to Station I for
Captains shall not exceed two consecutive years.
17
ARTICLE 14
BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, 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 upon demonstrated need.
18
ARTICLE 15
HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief shall receive
incentive pay equal to four percent (4%) of the top 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 Specialists within 12 months of joining the team in
order to continue receiving the incentive pay.
19
ARTICLE 16
ABOVE GRADE SKILLS INCENTIVE
A. Effective the first full pay period following Council adoption, the City shall pay four
percent (4%) pay incentive of base rate of pay to those Firefighters, Engineers, or
Captains who become qualified to serve and function at the next higher classification
above their current rank. Employees are eligible for this incentive upon
qualification/certification through the testing and task booking process as outlined in the
Department Training Manual and General Operations Manual sections 502-01, 502-02,
and 502 -03 (in progress). Also contained in these references are the requirements for
refresher training and skills maintenance to remain qualified/certified to serve in these
acting capacities. Biennial (occurring every two years) recertification is required to
maintain or reinstate an Above Grade Skills Incentive. This program is administered by
the Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g. an
employee of the Firefighter rank who is Acting Engineer and Acting Captain qualified)
shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classification for
which they are receiving the incentive, will have their incentive removed and be required
to recertify in order to receive the incentive again. The decision to remove the
incentive is reserved to the Chief and subject to appeal to the Chief by the affected
employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of agreement
by Council, will be considered eligible for this incentive. Recertification will be required
within twelve months of that date.
F. Employees who were temporarily promoted to Engineer without completing the revised
2014 task book will receive the incentive for up to six (6) months from date of MOA
adoption to provide ample time for certification completion. In the event the certification
is not obtained within this timeline, the incentive will be removed.
20
ARTICLE 17
URBAN SEARCH AND RESCUE INCENTIVE
Effective the first full pay period following Council adoption, the City shall pay $75 bi-weekly
for three employees, at the rank of firefighter, engineer or captain, who are members of the SLO
County Urban Search and Rescue Team in good standing who attend monthly Team drills, and
maintain currency in all technical skill areas. In addition, these employees will act as
trainer/subject matter expert for technical rescue disciplines for recurring advanced technical
rescue training within the Fire Department.
21
ARTICLE 18
OVERTIME
1. Firefighters, Fire Engineers and Fire Captains assigned to 24 hour shift duty shall receive
overtime pay at time-and-one-half computed at their base salary for those hours worked
in excess of regularly scheduled shifts.
2. Battalion Chiefs shall be considered exempt and not eligible for overtime payment or any
return-to-work minimum payments, except as described below or specifically authorized
by the Fire Chief due to extraordinary circumstances. Extraordinary shall be defined as
an actual emergency requiring a Battalion Chief to return to work. It does not include
administrative meetings, etc. In general, Battalion Chiefs are expected to work the hours
necessary to successfully carry out their duties and frequently must return to work or
attend meetings and events outside their normal working hours.
3. The City will complete an internal review as to whether Battalion Chiefs are exempt or
non-exempt under FLSA. This review will include any changes to the City’s FLSA
obligation as a result of the “Flores vs. City of San Gabriel” ruling regarding “cash back”
from the cafeteria contribution being added to the “regular rate of pay” for purposes of
calculating Federal overtime.
4. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigned
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 in
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.
5. All non-safety personnel shall receive overtime pay at time-and-one-half computed at
their 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 and one-half.
6. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
7 All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
8. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
22
Third Option – Mandatory staffing that ensures adequate paramedic and officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
9. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire
Departments, Battalion Chiefs shall be afforded flexibility in managing their work load
and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Such leave may be taken at any time during the year, however, in
cases where a person is not actively employed in an exempt position with the City during
the full year such leave shall be prorated or if the yearly amount earned is changed during
the year the amounts shall be prorated. For purposes of computing monthly amounts, the
rate of 6.0 hours per month may be used. There shall be no carryover of such leave from
year to year or any payoff for unused leave except that during the month of December
employees may request up to 40 hours of unused administrative leave to be paid in cash
at the last pay period provided that total taken and paid does not exceed 72 hours during
the calendar year.
10. Battalion Chiefs – Shift Coverage
Shift Fire Battalion Chief absences will be covered by an off duty Fire Battalion Chief,
through the Call Back options listed below.
A Fire Battalion Chief working shift coverage in excess of 4 hours for another Fire
Battalion Chief will receive a stipend at the rate of 1.275% of base pay for each hour
worked. Fire Battalion Chiefs continue to be overtime exempt and will perform all other
additional work without additional compensation except as described above under
“Administrative Leave”.
11. Battalion Chiefs – Call Back
Shift coverage call back shall be as follows:
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as
Battalion Chief in situations that would otherwise require mandatory overtime.
Fourth Option – Mandatory rank for rank.
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ARTICLE 19
EMERGENCY CALL BACK
1. Firefighters, Engineers and Captains who are unexpectedly called back to work after
completing their shift and having left the worksite shall be paid a 4-hour minimum
guarantee at time and one half.
2. Non-safety personnel shall receive a minimum of 4 hours at time and one-half for
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 by
this article or pay for the work performed, whichever is larger.
4. Battalion Chiefs who are unexpectedly called back to work after completing their shift
shall be paid the shift coverage stipend (1.275%) for actual time worked but do not
receive a call back minimum.
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ARTICLE 20
WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive one
step additional pay but in no case more than the top step for the higher classification under the
following conditions:
1. The assignment exceeds eight (8) consecutive work days in which case the step increase
becomes effective on the ninth (9th) work day.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive compensation
on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be eligible
for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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ARTICLE 21
STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
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 receive
thirty-five dollars ($35.00) for each week day and forty dollars ($40.00) for each weekend
day and holiday when assigned to standby. For return to work as part of a standby
assignment, the City will guarantee either two (2) hours of pay in cash at straight time or
pay at time and one half for time actually worked, whichever is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is supported
by reserve units, or when any other need arises; as mutually agreed upon by the Fire Chief
or designee and Fire Vehicle Mechanic.
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ARTICLE 22
EDUCATIONAL INCENTIVE
The City agrees to 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 that
time. The basic benefit will consist of $46.16 bi-weekly for possession of an A.A., or
equivalent degree from an accredited community or junior college; and $92.31 bi-weekly
for a B.A. or equivalent degree from an accredited four year college or university. Total
incentive pay shall in no case exceed $92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30 semester
units leading toward the appropriate degree with a grade of "C" or better must be
included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department head
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 the
established standards set for the job, the department head with the concurrence of the
City Manager, may suspend payment of the incentive pay until such time as the
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 is
required for the position held by the employee. Educational incentives shall not be paid
for education received on City time. The education incentive shall be removed if the
employee is promoted to a position which does not entitle employee to such incentive.
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F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 23
UNIFORM ALLOWANCE
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 requiring
occasional usage. Such positions shall receive one-half of the regular allowance. Each
employee shall receive an annual allowance of $1,000 paid semi-annually to be spent on
the 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 all
uniforms meet department standards regarding safety and appearance. Employees whose
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 for
purchase of their uniforms. If the employee severs employment with the City or is
terminated within one (1) year, the cash advance shall be deducted from the employee's last
paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The Fire
Chief shall establish and maintain a set of standards for the maintenance, care and wearing
of employee uniforms. Such standards shall be on file in the Fire Chief's office, in each
fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes, including
appropriate athletic footwear. Appropriate health/fitness clothing will be determined
through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for repairing or
replacing Department approved uniforms which are damaged within the course of
employment. No reimbursement shall be made if the damage was due to negligence
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 establish
administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in required
uniform items during the term of this agreement.
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ARTICLE 24
FIRE VEHICLE MECHANIC TOOL ALLOWANCE
Effective January 2017, the Fire Vehicle Mechanic classification is eligible to receive a tool
allowance of $1,000 per year for tool replacement, tool purchase, and/or tool updates. The
allowance will be included in the employee’s first full pay period in January each calendar year.
Eligible employees hired after the annual tool allowance is provided, will receive a prorated tool
allowance, based on his/her start date.
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ARTICLE 25
INSURANCE
A. Health Flex Allowance
1. Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”), and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than the
cost of the medical plan, the employee shall have the opportunity to pay the difference
between the health flex allowance and the premium cost on a pre-tax basis through the
City’s Cafeteria Plan. If the premium cost for medical coverage is less than the health
flex allowance, the employee shall not receive any unused health flex in the form of cash
or purchase additional benefits under the Cafeteria Plan. Less than full-time employees
shall receive a prorated share of the City’s contribution. Effective the first pay period of
the month following adoption of this agreement the monthly health flex allowance shall
be:
Employee Only $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to adoption of this agreement that elect employee only medical
coverage will receive the health flex allowance listed above for employee only
“grandfathered” coverage. If the premium cost for medical coverage is less than the
health flex allowance, the employee shall not receive any unused health flex in the form
of cash.
Effective in December 2017 (for the January 2018 premium), the City’s total Cafeteria
Plan contribution shall be modified by an amount equal to one half of the average
percentage changes for family coverage in the 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 ½). The employee only “grandfathered” amount
will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. The City shall
contribute an equal amount towards the cost of medical coverage under the Public
Employee’s Medical and Hospital Care Act (PEMHCA) for both active employees and
retirees. The City’s contribution toward coverage under PEMHCA shall be the statutory
minimum contribution amount established by CalPERS on an annual basis. The City's
contribution will come out of that amount the City currently contributes to employees as
part of the Cafeteria Plan provided to employees in their various MOA's. The cost of the
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City's participation in PERS will not require the City to expend additional funds toward
health insurance beyond what is already provided for in the various bargaining
agreements. In summary, this cost and any increases will be borne by the employees.
C. Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health plan
coverage under an exchange/marketplace or an individual plan, will be allowed to waive
medical coverage for themselves and their qualified dependents (tax family). The
monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to adoption of this agreement)
The conditional opt-out incentive shall be paid in cash (taxable income) to the employee.
The employee must notify the City within 30 days of the loss of other minimum essential
coverage. The conditional opt-out payment shall no longer be payable, if the employee
and family members cease to be enrolled in other minimum essential coverage.
Employees receiving the conditional opt-out amount will also be assessed $16.00 per
month to be 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 Public
Employees' Contingency Reserve Fund and the Administrative Costs. However, there is
no requirement that these funds be used exclusively for this purpose nor any guarantee
that they will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Effective January 1, 2017 employee’s participation in the City's dental and vision plans is
optional. Employees who elect coverage shall pay the dental and/or eye premium by
payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. Long-Term Disability Insurance
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 LTD
premiums by payroll deduction on a pre-tax basis through the City’s cafeteria plan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of Thirty-
Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be paid by the
employee through the City’s Cafeteria Plan and Twenty-Five Thousand ($25,000) shall
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be paid by the City.
G. Representation on a Medical Plan Review Committee
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.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms of the
Cafeteria plan and the use of health flex allowance and the conditional out-out incentive
should there be future guidance under the ACA, Cafeteria Plan rules, or the City’s
obligations under the ACA or other laws. Any action taken in accordance with this
reservation of rights will be subject to the meet and confer process.
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ARTICLE 26
VACATION LEAVE
1. Each incumbent of a 40-hour a week line-item position shall accrue vacation leave with
pay at the rate of 12 days per year of continuous service since the benefit date for the first
five years; 15 days per year upon completion of five years; 18 days per year upon
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 equivalent
number of vacation days prorated to the number of regularly scheduled work hours
(respectively, 134.4 hours per year for the first five years; 168 hours per year upon
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 of
the sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive payment for any unused vacation
leave.
4. Department Heads shall be responsible for arranging a vacation schedule, first with the
needs of the City as the determining factor and, second, insofar as possible, with the
wishes of the employee.
5. There will be no accrual of vacation leave to non-shift employees in excess of two times
(2x) their annual accrual. Maximum accrual of vacation leave for shift employees, with
the exception of Battalion Chiefs, is twice the annual rate except as noted in Section 7,
Paragraph E. It is the responsibility of the Battalion Chiefs to manage vacation time
below the maximum accrual limit through the use of scheduled vacation time or vacation
sell back. Vacation Leave amounts for Battalion Chiefs over the two time annual accrual
limit at the last pay period of the calendar year will be forfeited.
6. All employees in this unit are eligible, once annually in December, to request payment
for up to 150 hours of unused vacation leave provided that an employee’s attendance
practices are satisfactory.
7. VACATION USE (Excluding Battalion Chiefs):
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 most
seniority shall select first, with the following choices made in descending order of
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.
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C. Should an employee be in danger of losing vacation accrual due to reaching the
twice annual vacation cap, for reasons other than those found in Section 6 (G) and
(H), the Fire Chief will review the circumstances which have prevented the
employee from taking vacation and will determine whether or not the employee
should be allowed to accrue beyond the cap or should be authorized to exercise
his/her one-time annual opportunity for vacation payout under Section 6 (K) of
this article.
Particular consideration will be given to those circumstances where vacation use
is denied because use would generate the need for mandatory overtime.
D. Employees have the right to two (2) employees off on vacation per shift; except
on New Year’s Day only one employee shall have the right to be off on vacation.
On Christmas, Christmas Eve, and Thanksgiving holidays no vacation will be
granted that results in a mandatory of personnel. Additional vacation slots may be
available if personnel are available to fill the shift without causing mandatory
overtime.
E. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
F. Time off by Battalion Chiefs is not included in the determination of the number of
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 accrued
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 changed
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.
I. Employees may cancel scheduled vacation for any reason with a minimum of 15
days advance written notice to the Fire Chief or his/her designated representative.
Maximum vacation accruals will not be waived for vacation canceled pursuant to
this section.
J. Any cancelled scheduled vacations will continue to be available for reselection by
other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion
Chief on the shift affected will direct the appropriate Captain to make notification
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of the dates available to the platoon. Selection of available dates will be handled
as a second choice vacation pick, selection may consist of any or all days
remaining available. All selections made from the cancelled days will be
recognized as scheduled vacation. Filling the cancelled days will start with the
next person below on the seniority list (person below the person who is
canceling). Filling the cancelled days will continue until all the days have been
filled or all the personnel on that shift have been able to review and select the
remaining available vacation shifts.
8. VACATION USE – Battalion Chiefs
A. Coordination of the Battalion Chief’s first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make their
written scheduled vacation requests during the November 1st to December 30th
period and will coordinate the availability of one Battalion Chief between
themselves. Battalion Chief scheduled vacation selections will not be based on
shift employees’ vacations. The Fire Chief will consider and approve the request.
B. Unscheduled vacations will be make in writing to the Fire Chief and will require
the availability of one Chief Officer and relief personnel which may include
voluntary overtime. All unscheduled vacations must be approved by the Fire
Chief. (Mandatory overtime is not allowed for unscheduled vacation.)
C. If an employees’ scheduled vacation is changed by direction of the department,
such change shall not cause an employee to lose vacation that may be accrued
above the twice annual rate maximum. In this case, the employee shall have the
choice of using the vacation at another time or receiving payment for the changed
vacation.
D. If an employee must cancel vacation for good reason, as defined by management,
the vacation above the twice annual maximum shall be paid as accrued.
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ARTICLE 27
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head up to 40
hours per year for non-shift employees and 56 hours per year for shift employees. When
possible, such leave requests shall be in writing and approved in advance. All other leave of
absence requests shall be handled in accordance with Section 2.36.460 of the Personnel Rules
and Regulations.
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ARTICLE 28
HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
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 their
earned holiday leave (2.6 hours) each bi-weekly payroll period through final pay date in
December 2016.
The remainder of the employee's annual holiday leave (78 hours) shall be advanced to the
employee effective the first payroll period in January of each year. Effective the first pay
date in January 2017 the bi-weekly payment for holiday leave will be discontinued and
employee’s annual holiday leave will increase from 78 hours to 145.6 hours. Such
holiday leave may be taken off by the employee as provided in the current departmental
Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one-fourth
(1/4) of his/her advanced holiday leave. Any holiday leave remaining as of the last
payroll period in December of each year will be paid to the employee at the straight time
rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
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C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-monthly
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.
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ARTICLE 29
BEREAVEMENT LEAVE
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 same
household, provided such leave as defined in this section shall not exceed five (5) working days
or the shift equivalent (56 hrs.) from each incident. The employee may be required to submit
proof of relative's death before being granted sick leave pay. False information given concerning
the death of relationship shall be cause for discharge.
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ARTICLE 30
SICK LEAVE
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 the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries, according to the following schedule:
(1) Death - 50% Such payment shall be made within seventy-two hours of notice to the City
of an employee's death.
(2) Retirement and actual commencement of PERS benefits:
(a) After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
(b) After twenty years of continuous employment (for all employees except Battalion
Chiefs) - 15%
(c) After twenty years of continuous employment (Battalion Chiefs only) – 20%
(d) After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
(e) After 30 years of continuous employment (Battalion Chiefs only) – 30%
(3) Job-related disability retirement and actual commencement of PERS benefits (for all
employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff (75%
of 1333.3 accrued hours.)
(4) Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
accrued hours.) Any balance of sick leave that remains after payoff will be forfeited.
Sick leave cannot be used to postpone the effective date of an industrial disability
retirement.
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ARTICLE 31
FAMILY LEAVE
A. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave per
calendar year if required to be away from the job to personally care fo a member of
his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar year or
the shift equivalent (78.4 hours) if the family member is part of the employee's household
and is hospitalized. The employee shall submit written verification of such
hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent, or any other relative as defined by Labor Code Section 233 and/or Assembly
Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums per
qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1,250 hours in the last year may be eligible for up to 12 weeks
of Family/Medical Leave within any 12 month period. Family/Medical leave can be used
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 continuing
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 the
functions of his or her position.
This leave shall be in addition to leave available to employees under the existing four
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 allowed
by the Family/Medical Leave Program. Employees must use all available vacation,
compensatory time and administrative leave and, if appropriate, sick leave prior to
receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. Only City group health insurance
premiums will be paid by the City.
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If an employee does not return to work following Family/Medical Leave, the City may
collect the amount paid for health insurance by the City during the leave. There are two
exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on Family/Medical
Leave are available through the City's "Guide to Family/Medical Leave Program".
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ARTICLE 32
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with state
workers' compensation law and is not eligible for disability payments under Labor Code Section
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.
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ARTICLE 33
MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the individual
to sit at a desk, operate a computer, drive a vehicle, and engage in minimal walking. The
employee may receive work assignments in one or more of the Department’s program areas:
Administration, Training, Hazard Prevention, Technical Services, Disaster Preparedness,
Emergency Response, or Communications. The schedule is typically 40 hours a week with the
employee working under the supervision of the Fire Chief, Deputy Fire Chief, or a Battalion
Chief. Depending upon the employee’s limitations, abilities, and the needs of the Department,
s/he may be assigned to shift work. 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 an
off-duty injury or illness.
2) At the request of the City because of a Worker’s Compensation injury.
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 Department
typically has a variety of tasks that a person might be assigned to work on. In accordance with
past practice, as long as a legitimate modified work assignment is available (minimum of two
weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave is
provided temporary modified work restrictions and the Fire Chief knows of a possible modified
work assignment. The Fire Chief, or designee, would notify the employee of the modified work
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 assignment
based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all leave
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 has
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 be
reviewed with the employee prior to setting up the work schedule. Once the employee has
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, assuming
this return schedule does not trigger overtime in excess of regular FLSA overtime. If excess
overtime would be triggered, the employee will return to work on the earliest date that will not
trigger excess overtime.
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ARTICLE 34
SAFETY
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.
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ARTICLE 35
RETIREMENT
A. “Classic Members First Tier” sworn members hired before July 1, 2012 and non-sworn
members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's 3% at age 50 plan
to all sworn personnel and the 2.7% at age 55 plan to all non-sworn personnel . The 3% at
age 50 plan includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959 Survivor's
Benefit, one-year final compensation, Military Service Credit, and Pre-Retirement
Optional Settlement 2 Death Benefit. The 2.7% at 55 plan includes the following
amendments: 1959 survivor's Benefit, conversion of unused sick leave to additional
retirement credit, one year final compensation, and Pre-Retirement Optional Settlement 2
Death Benefit.
B. Effective the first full pay period in July 2013, the City has discontinued paying the full
member contribution required under the plan, presently nine percent (9%) for sworn
personnel and eight percent (8%) for non-sworn personnel. The employee pays to PERS
their contribution; as allowed under Internal Revenue Service Code Section 414 (h) (2)
the contribution is made on a pre-tax basis.
C. “Classic Members Second Tier” sworn members hired on or after July 1, 2012 and non-
sworn members hired on or after December 6, 2012.
PERS determines who is a “classic member” within the meaning of the California Public
Employees’ Pension Reform Act (PEPRA). The City agrees to provide the PERS Safety
3% @ 55 plan to all sworn personnel and the 2% at age 60 plan to non-sworn personnel
using the highest three year average as final compensation. The second tier sworn
personnel formula will include the following amendments: Post Retirement Survivor
Allowance, conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit, Military Service Credit, and Pre-Retirement Optional Settlement 2
Death Benefit. The second tier non-sworn personnel formula will include the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to additional retire
credit, and Pre-Retirement Optional Settlement 2 Death Benefit. Employees hired under
this plan will pay the full member contribution required under the plan, presently nine
percent (9%) for sworn personnel and seven percent (7%) for non-sworn personnel. The
employee pays to PERS their contribution; as allowed under Internal Revenue Service
Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
D. “New Members Third Tier”
For employees who PERS determines are “new members” within the meaning of the
California Public Employees’ Pension Reform Act (PEPRA), the City will provide the
PERS 2% at age 57 retirement plan for sworn personnel and 2% at age 62 retirement plan
for non-sworn personnel, using the highest three year average as final compensation.
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Effective on their date of hire, new members will pay 50% of the total normal cost of the
member contribution, as determined by PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
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ARTICLE 36
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 in
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 0800
hours and continuing until the next day, ending at 0800 hours (8 a.m. 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 Priority
1200 - 1300 Lunch
1300 - 1700 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude for
necessary classes, rewards and individual’s priorities. Included in Captain’s Priority is
vehicle and station maintenance, fitness training and Captain’s projects 8-12 daily.
Holidays and weekends are also Captain’s Priority times. In the event a Chief’s priority
needs to be scheduled during Captain’s priority time, every effort will be taken to provide
an equal amount of Captain’s priority time on that shift or the earliest available shift.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange shift assignments with other department
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 rest
has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize employees
covered by this Agreement to exchange vacation leave with other department employees
of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees covered
by this Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
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ARTICLE 37
HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to promote the
well being of employees and reduce the incidents of preventable accidents, illnesses, and
disabilities, and have, and shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and health and to establish required physical
standards to be met by all employees. The parties have agreed to implement the physical fitness
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 in
departmental facilities and vehicles. The parties agree that smoking poses health risks to non-
smokers as well as smokers.
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ARTICLE 38
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Davis
Monterey
Napa
Petaluma
Pleasanton
Salinas
Santa Barbara
Santa Cruz
Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party may
propose changes to the above list of cities. A revised, mutually agreed upon list, may be used
during the negotiations to produce a successor Agreement.
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ARTICLE 39
LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible for the
implementation of a layoff order of the City Council in accordance with the procedures outlined
below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be as
follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to be
determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by seniority
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 employee
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 most
recent performance evaluations with an overall rating that falls within the lowest
two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standards and expectations, or is outstanding.
Performance defined by this category is evidenced by an employee’s two most
recent performance evaluations with an overall rating that falls within the top two
to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least seniority
in the Union and who is in the lowest job performance category. Employees in
Category 1 with the lowest seniority will be laid off first, followed by employees
in Category 2. Should the two performance evaluations contain overall ratings
that are in the two different categories as defined above, the third most recent
evaluation overall rating shall be used to determine which performance category
the City shall use in determining order of layoffs.
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4. Transfer to another department in lieu of layoff is authorized, upon approval of
the department heads, if there is a vacancy and the employee meets the minimum
job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid-off shall be placed on the
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 period
of two years. They will be offered re-employment only once before being
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 same
minimum qualifications, duties and responsibilities of the class from which the
layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and the
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 she
is qualified. He/she will still remain on the re-employment list for the job from
which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may bump
back in their career series to a position they formerly held, if there is an employee
in the lower classification with less seniority than the employee who wants to
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 to
bump back to Engineer from Captain would utilize his/her combined time within
the Union, firefighter, engineer or captain, in determining whether or not he/she
had more seniority than an individual in the Engineer classification. The intent is
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 one
layoff, and shall be exercised within 20 calendar days from the date of the notice
of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of another
employee with lesser total seniority or by the acceptance of a vacant position in
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 of
layoff, provided no intervening factors have occurred which essentially change
the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant to F,
below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action at
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 Lists
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 made
to do so. The City shall utilize certified mail when contacting individuals;
or
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 Responsibilities
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 an
employee who has been notified of his/her impending layoff shall be
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 unused
accrued vacation leave and holiday leave on the effective date of the
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layoff.
c. When an individual is reemployed he/she shall be entitled to:
(1) Retain his/her seniority date.
(2) Accrue vacation leave at the same rate at which it was accrued at
the time of the layoff.
(3) Have any unused sick leave reinstated.
(4) The same retirement package prior to layoff, assuming that the
employee has not withdrawn his/her PERS funds. If an employee
has withdrawn funds, he/she will be reinstated to the retirement
package which is currently in effect for all newly hired employees
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 be
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 classification
from which he/she was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he/she earned at the time of the
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 completing
his/her probationary time commitment. Similarly, an individual who is
reemployed shall complete, upon return to the job, the same work time he/she
would have had to work at the time of the layoff to attain a higher vacation leave
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 40
WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed to pose an
imminent threat to public health or safety and is unlawful, furthermore, it shall terminate the
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 of
the City to hinder, delay, or interfere with, the peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow-down, sit-down, stay-away, or
unlawful picketing.
(b) 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 by
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 payroll
deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and
withdraw recognition of the employee organization or organizations participating in such
actions.
(c) Employee members of any employee organization shall not be locked out or prevented by
management officials from performing their assigned duties when such employees are
willing to perform such duties in the customary manner and at a reasonable level of
efficiency.
Any decision made under the provisions of this Section may be appealed to the City Council by
filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement
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 the
decision upon which the complaint is based, or it will be considered closed and not subject to any
other appeal.
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ARTICLE 41
FIREFIGHTER RECRUITMENT
1. The Chief, in consultation with the President of the Local 3523, will determine the type
of Firefighter recruitment to be conducted (e.g. entry level, lateral, paramedic, etc.) based
on the operational needs of the department. A current eligibility list will be maintained
and firefighters will go through the approved department academy, as set forth in General
Operations 501.03.
2. Firefighter Apprentices will be allowed to apply for entry-level firefighter 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 certification will be
required. For new entry-level firefighter paramedics, a minimum of Firefighter I
Academy certification is required. All other employment standards remain the same.
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ARTICLE 42
PROBATIONARY PERIOD
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 extended
if further employee evaluation is deemed necessary for up to six months upon the written
recommendation of the Fire Chief and the written approval of the Human Resources Director.
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ARTICLE 43
RESIDENCY REQUIREMENT
A. Departmental General Operations 206.04 shall be modified as follows:
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
.
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ARTICLE 44
STAFFING
A. The number of authorized positions in the Fire Department represented by the Local 3523
is 3 Battalion Chiefs, 12 Fire Captains, 15 Fire Engineers, 12 Firefighters, 1 Fire Vehicle
Mechanic, 3 Fire Inspectors, 1 Hazardous Materials Coordinator. A minimum of 24
Paramedics within the ranks of Captain, Firefighter, and Engineer is authorized. 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 the Union on the
impacts of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters on-
duty every day including the Battalion Chief. Nothing in this section precludes the Fire
Chief from hiring additional full time staff to meet Constant Staffing minimum
requirements. Mandated overtime will be used to maintain the fourteen (14) per day
minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the Fire
Chief to increase the mandated minimum staffing level to be maintained.
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 unit
integrity. The City recognizes its obligations to meet and confer on any future impacts of
the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as Battalion
Chief as described in Emergency Operations Section 517.00 “Draw Down”.
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ARTICLE 45
SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent:
Utilize seniority in rank as an empowerment tool for employees in the ranks of BC,
Captain, Engineer, and Firefighter to determine “bid staffing.”
B. Definitions:
• Bid Staffing: The station and shift assignment awarded to an individual based on
his/her rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid for a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy and
upon determination by the Chief to fill the vacancy, the bid spot shall be declared vacant
and available for bid from members of the same rank.
• Bid selection will be based on seniority in rank using the department’s master
seniority list.
• Probationary firefighters will not be included in the bid process until the completion
of probation.
• Each member will only be allowed to accept one bid per 180 day period (once every
six months).
• After a bid has been closed, any remaining vacancies shall not be filled for 30 days.
• Bid assignments requiring movement from one shift to another will begin the first
day of the first full F.L.S.A. period following selection.
• An employee’s voluntary request to move from one shift to another to fill a vacant
bid spot may be granted with less than 15 days’ notice of the start of the FLSA
period.
D. Process:
1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity for the
second and third bid selection during each term as president or vice president.
Once that bid has been used, future bids during the remaining term will be based
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on seniority in rank.
3. The remainder of the bid selection will follow department seniority with the most
senior member selecting first. The order of selection shall be by rank in the
following order: Captains, Engineers, and then Firefighters
Probationary firefighters will not be included in the station selection process until
they have completed their probationary period. Upon completion of firefighter
probation if their current assignment is vacant, that vacancy will go out to bid
selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation for a
mutual exchange of their bid assignments, the Battalion Chief, Company Officers, and a
union representative of the members making the request shall meet and evaluate the
request for approval or denial. If the request for the mutual is accepted those employees
involved will have used their one bid for the year. If the request for mutual exchange is
denied, the applicants can utilize the IRC for review of that decision.
To ensure equity throughout the entire bid process, mutual transfers are 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 up for bid, and the
remaining parties can bid for that position. If the mutual member is unsuccessful in
obtaining that bid, then that member returns to his/her previous assignment, and
recovers bid 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 Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not 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 determined by the Fire Chief. The Captain taking the position
of Paramedic Coordinator would not be the primary paramedic on their selected crew
except for extenuating circumstances (e.g. a shortage of paramedics). Each shift will
have paramedics evenly distributed depending on the size of the paramedic pool
(example: pool of 24, 8 medics per shift). No bid staffed crews shall have three bid-
assigned paramedics if any other crew does not already have two bid-assigned
paramedics. Seniority will be used to determine which personnel are moved to and from
crews with paramedic staffing insufficiencies.
Hazardous Materials Team Members will be evenly distributed to ensure at least one
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Hazardous Materials Team Member is assigned to each shift. Seniority will be used to
determine which personnel are moved to and from shifts with Hazardous Material Team
Member staffing insufficiencies.
All corrections to completed bids will take place with the Battalion Chief and a shop
steward to make sure that paramedics, paramedic coordinators, and hazardous materials
team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for interview
by the Shop Steward and the appropriate Battalion Chief prior to bid selections being
finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain consistent
with existing policies. Vacancies created by promotion or retirements are to be filled by
the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that placing
employees at stations of their preference is typically beneficial. The Fire Department
Administration needs a degree of flexibility to accomplish the following goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied by
written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of six
months. At the end of this six-month period, the effected personnel shall return to their
station of choice, unless otherwise articulated in writing citing reasons for moves for
more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated during
the months of November and December.
When movement of personnel is initiated by the Department and is not due to any fault of
the individual(s), the Department will honor all approved time off requests based on prior
commitments by the moved employee.
G. Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at the lowest
possible level with structured collaboration.
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Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from management.
The President of Local 3523 will appoint two members from the employee’s bargaining
unit. A fifth member will be chosen by the above four members. The Fire Chief or the
labor President can substitute the members from management and labor, respectively, for
cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. Ideally, the IRC will convene
within five business days of receipt of an issue of concern or a question of process.
Issues will be decided based on the information presented to the committee. Issues or
questions will be considered resolved by a vote of 4 out of 5 committee members.
The IRC will review the overall program as it relates to program and department goals
annually or as needed. When appropriate based on the subject matter, unresolved issues
will be addressed at the next contract negotiations.
The IRC will attempt to resolve issues of a personnel nature, i.e. station placement, or an
interpretation of the process, as they come up. If the committee cannot resolve an issue,
the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this 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 46
DISCIPLINARY PROCEDURE
A. PURPOSE
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is dependent
on a well-disciplined, cohesive organization. The City and Association agree that occasions will
occur when an employee’s performance and/or behavior must be reviewed in order to ensure that
the mission of the department is not adversely impacted. The authority for disciplinary action is
outlined in the City of San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The
Personnel Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. INVESTIGATIONS
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers to
maintain discipline and carry out the directive of the department. Any incident or behavior which
does not conform to City and Fire Department policies/procedures shall be disciplined in the
most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is reasonably
made aware of an incident that may warrant punitive discipline, he/she must first
determine whether an investigation is necessary. Prior to conducting an investigation
of an incident, the Fire Chief or a Chief/Company Officer should consult with the
Human Resources Director, as appropriate. The investigation shall be conducted in a
fair, objective and impartial manner under the rules set forth in the “Weingarten
Rule”.
2. When any employee is under investigation and subjected to questioning by his or her
commanding officer or any other member of the department that could lead to
punitive action, the questioning shall be conducted under the following conditions.
For the purpose of this chapter, punitive action means any action that may lead to
dismissal, demotion, suspension, reduction in salary, permanent written reprimand, or
transfer within the Department for purposes of punishment. Transfer within the
Department for the good of the Department or a notice to correct are excluded from
the definition of punitive.
Section B shall not apply to any questioning of an employee in the normal course of
duty, counseling, instruction, or informal verbal admonishment by, notice to correct,
or other routine or unplanned contact with, a supervisor or any other employee, nor
shall this section apply to an investigation concerned solely and directly with alleged
criminal activities.
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a. The questioning shall be conducted at a reasonable hour, preferably at a time
when the employee is on duty or during the normal waking hours for the
employee, unless the seriousness of the investigation requires otherwise. IF
the questioning does occur during off-duty time of the employee being
interrogated, the employee shall be compensated for any off-duty time in
accordance with regular department procedures.
b. An employee under investigation has the right to request the rank, name, and
command of the officer in charge of the questioning, the questioning officer,
and all other persons to be present during the questioning. All questions
directed to the employee under questioning shall be asked by and through no
more than two investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated. The
person under questioning shall be allowed to attend to his or her own personal
physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that an
employee refusing to respond to questions or submit to questionings shall be
informed that failure to answer questions directly related to the investigation
or questioning may result in termination. No promise of reward shall be made
as an inducement to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or news
media without his or her express consent nor shall his or her home address or
photograph be given to the press or news media without his or her express
consent.
e. The complete questioning of an employee under investigation may be
recorded. If the City records the questioning, the employees shall be provided
a copy of the tape upon request. The employee being interrogated shall have
the right to bring his or her own recording device and record the questioning.
If the employee exercises this right, the City shall be provided a copy of the
tape upon request.
f. Employees who have criminal charges pending regarding an incident under
investigation may assert their constitutional rights during the investigation.
Nevertheless, any employee refusing to cooperate in an investigation is
subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative present
during questioning which may reasonably lead to punitive disciplinary action.
A reasonable time to obtain the representative shall be given to the employee.
The representative shall not be a person subject to the same investigation. The
representative shall not be required to disclose, nor be subject to any punitive
action for refusing to disclose, any information received from the employee
under investigation.
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h. In accordance with State Law, no employee shall be compelled to submit to a
lie detector test against his or her will. No disciplinary action or other
recrimination shall be taken against an employee refusing to submit to a lie
detector rest, nor shall any comment be entered anywhere in the investigator’s
notes or anywhere else that the employee refused to take, or did not take, a lie
detector test, nor shall any testimony or evidence be admissible at a
subsequent hearing, trial, or proceeding, judicial or administrative, to the
effect that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer, or any
other similar device, whether mechanical or electrical, that is used, or the
results of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
i. No employee shall have his/her assigned locker searched except 1) in his/her
presence, or 2) with his/her consent, or 3) where he/she has been notified that
a search will be conducted and has failed to respond within a reasonable
timeframe, or notwithstanding the above, 4) when a valid search warrant has
been obtained.
C. POST INVESTIGATION/PRE-DISCIPLINE PROCEDURE
1. Upon the conclusion of an investigation, those conducting the investigation shall forward
the complete investigation to the Fire Chief who in consultation with the Human Resource
Director shall determine the level of discipline that is most appropriate. The following
constitutes the levels of progressive discipline:
Non-punitive Corrective Action
(a) Oral counseling;
(b) Oral reprimand with written documentation;
(c) Notice to Correct – 1 year in file;
(d) Transfer (within the Department) for the good of the Department (i.e. safety,
cohesion).
Punitive Discipline
(e) Official Reprimand – permanent;
(f) Suspension/Reduction in compensation;
(g) Transfer (within the Department) for purposes of punishment;
(h) Demotion;
(i) Termination.
Note: Deviations from progressive discipline may occur whenever the circumstances warrant
that one or more steps in the progressive disciplinary process be skipped. For example,
suspension or termination may occur as the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel Rules and
Regulations
3. Corrective action is final.
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D. POST-DISCIPLINE APPEAL RIGHTS
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and 2.36.350 of
the Personnel Rules and Regulations except, however, for employees represented by SLOFA,
Local 3523, Section 2.36.340, C shall be modified to provide that appeals of disciplinary
suspensions of two days or less shall have at the employee’s request the right of appeal to either
the City Manager or to the Personnel Board, provided the appeal to the Personnel Board is
supported in advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section 2.36.340 B. Appeals
to the Personnel Board will be heard in accordance with Personnel Rules and Regulations
Section 2.36.350 – Disciplinary action – Hearings.
Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the threshold
for suspensions to the City Manager or to alter the appeal process applicable to members of
SLOPOA, the same provisions will be extended to SLOFA, Local 3523.
E. PERSONNEL FILE
The employee must be given the opportunity to review and sign any document adverse to his/her
interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee, during usual
business hours and with 24-hour notice, with no loss of compensation to the employee, permit
that employee to inspect their personnel files that are used to have been used to determine that
employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that any portion of
the material is inappropriately or mistakenly placed in the file, the employee may request, in
writing to the Human Resource Director, that the inaccurate or inappropriate portion be corrected
or deleted. Any request made pursuant to this subdivision shall include a statement by the
employee describing the corrections or deletions from the personnel file requested and the
reasons supporting those corrections or deletions. At the employee’s request, the Human
Resources Director shall hold an informal hearing to determine the final disposition of any
documents in dispute pursuant to this section. At the hearing, the employee and City appointing
authority may present evidence and argument in support of their respective positions. The
Human Resource Director’s decision as to the disposition of the request is final with no further
administrative appeal.
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ARTICLE 47
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all negotiable
issues between the City and the Union. This Agreement supersedes all previous Memoranda of
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 within
the scope of representation, such party shall request in writing to meet and confer on such
item(s), which item(s) shall be specified in writing. During the life of this Memorandum of
Agreement, either party may refuse such a request without explanation, and no unilateral action
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 the
scope of representation, but impacts matters within the scope of representation, it shall provide
notice to the Union and afford the opportunity to meet and confer on the impact of its
decision(s). If a conflict arises between the MOA and General Operations or any other policy
and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service function, it
will give notice to the Union and meet and confer on any aspects of the proposal which fall
within the scope of representation.
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ARTICLE 48
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any court of
competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the
parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually
satisfactory replacement for such provision within thirty (30) day work period. If no Agreement
has been reached, the parties agree to invoke the provision of impasse under City Resolution
6620.
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ARTICLE 49
RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes to this
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 the
other party by September 1, 2017. If notice is properly and timely given, negotiations shall
commence no later than October 1, 2017.
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ARTICLE 50
AUTHORIZED AGENTS
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 Santa
Barbara Avenue, San Luis Obispo, California 93401; telephone: (805) 550-5020).
B. Management's principal authorized agent shall be the Human Resources Director or
his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo,
California 93401; telephone: (805) 781-7250).
ARTICLE 51
TERM OF AGREEMENT
This Agreement shall become effective as of January l, 2016 and continue in full force and
effect until expiration at midnight, December 31,2017 .
SIGNATURES
2
I Classifications covered by this Agreement and included within this unit are shown in
Appendix "A".
This Agreement does not apply to Temporary Employees or Part-time employees. This
Agreement was sffective October 18,201ó, by the followingparties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATTON OF
FIREFIGHTERS, LOCAL 3523
c Chief Negotiator Dale
Irons,an Resources Director Mike King,3s23 ve
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APPENDIX A
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
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APPENDIX B
WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal Labor
Standards Act (FLSA) to this work schedule. For purposes of illustration only, the shift schedule
pattern for employees working a fifty-six (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 period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
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APPENDIX C
EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
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 to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member of the
"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 for
"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 from
his/her job to personally care for a member of the employee's immediate family as
defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line-item position shall accrue sick leave with pay at the rate
of twelve days (96 hours) or the shift equivalent (134.4 hours) per year of
continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which it
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 sick
leave in their departments.
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5.A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of five
consecutive working days by personnel in his/her department. Such proof may be
required for periods of less than five consecutive working days where there exists
indication of abuse.
6.Any employee who is absent because of sickness or other physical disability shall
notify his/her immediate supervisor or department head as soon as possible but in
any event during the first day of absence. Any employee who fails to comply
with this provision without having a valid reason will be placed on leave of
absence without pay during the unexcused absence and be subject to disciplinary
action in accordance with procedures established by this chapter.
7.Any employee absent for an extended illness or other physical disability may be
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 cause
exists to believe that an employee has a medical condition which impairs his/her
job effectiveness or may endanger the health, safety or welfare of the employee,
other employees or the public. Employees who are judged to be physically
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 may
be separated for physical disability.
9.In the event that an employee's sick leave benefits become exhausted due to
illness or exposure to contagious disease, the employee shall revert to a status of
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 the
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 claim
to sickness disability benefits after separation from the service of the city. When
an employee receives compensation under the Worker's Compensation Act of
California, such compensation received shall be considered part of the salary to be
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 by
the employee from the city's compensation insurance coverage and the eligible
employee's regular rate of pay.
11. Notwithstanding anything contained in this section, no employee shall be entitled
to receive any payment or other compensation from the city while absent from
duty by reason of injuries or disability received as a result of engaging in
employment other than employment by the city for monetary gain or other
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compensation, or by reason of engaging in business or activity for monetary or
other compensation other than business or activity connected with his/her city
employment.
12. A public safety employee shall not receive sick leave payments while receiving
Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
Salary Range Listing - January 1, 2016 - December 31, 2017
JULY 2016
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,009.00$ 4,220.00$ 4,442.00$ 4,676.00$ 4,922.00$ 5,181.00$
FIRE CAPTAIN 6010 621 FFA 3,128.00$ 3,293.00$ 3,466.00$ 3,648.00$ 3,840.00$ x
FIRE ENGINEER 6020 615 FFA 2,677.00$ 2,818.00$ 2,966.00$ 3,122.00$ 3,286.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,250.00$ 2,368.00$ 2,493.00$ 2,624.00$ 2,762.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,496.00$ 2,627.00$ 2,765.00$ 2,910.00$ 3,063.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,697.00$ 2,839.00$ 2,988.00$ 3,145.00$ 3,310.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,743.00$ 2,887.00$ 3,039.00$ 3,199.00$ 3,367.00$ x
FIREFIGHTER 6040 612 FFA 2,224.00$ 2,471.00$ 2,601.00$ 2,738.00$ 2,882.00$ 3,034.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,224.00$ 3,394.00$ 3,573.00$ 3,761.00$ 3,959.00$ x
UPON COUNCIL ADOPTION
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,090.00$ 4,305.00$ 4,532.00$ 4,770.00$ 5,021.00$ 5,285.00$
FIRE CAPTAIN 6010 621 FFA 3,190.00$ 3,358.00$ 3,535.00$ 3,721.00$ 3,917.00$ x
FIRE ENGINEER 6020 615 FFA 2,730.00$ 2,874.00$ 3,025.00$ 3,184.00$ 3,352.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,294.00$ 2,415.00$ 2,542.00$ 2,676.00$ 2,817.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,545.00$ 2,679.00$ 2,820.00$ 2,968.00$ 3,124.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,750.00$ 2,895.00$ 3,047.00$ 3,207.00$ 3,376.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,797.00$ 2,944.00$ 3,099.00$ 3,262.00$ 3,434.00$ x
FIREFIGHTER 6040 612 FFA 2,268.00$ 2,520.00$ 2,653.00$ 2,793.00$ 2,940.00$ 3,095.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,289.00$ 3,462.00$ 3,644.00$ 3,836.00$ 4,038.00$ x
JANUARY 2017
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,171.00$ 4,391.00$ 4,622.00$ 4,865.00$ 5,121.00$ 5,391.00$
FIRE CAPTAIN 6010 621 FFA 3,254.00$ 3,425.00$ 3,605.00$ 3,795.00$ 3,995.00$ x
FIRE ENGINEER 6020 615 FFA 2,785.00$ 2,932.00$ 3,086.00$ 3,248.00$ 3,419.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,340.00$ 2,463.00$ 2,593.00$ 2,729.00$ 2,873.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,595.00$ 2,732.00$ 2,876.00$ 3,027.00$ 3,186.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,805.00$ 2,953.00$ 3,108.00$ 3,272.00$ 3,444.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,854.00$ 3,004.00$ 3,162.00$ 3,328.00$ 3,503.00$ x
FIREFIGHTER 6040 612 FFA 2,315.00$ 2,572.00$ 2,707.00$ 2,849.00$ 2,999.00$ 3,157.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,354.00$ 3,531.00$ 3,717.00$ 3,913.00$ 4,119.00$ x
JULY 2017
Title Class Schedule Bargaining
Unit
Biweekly
Step 1
Biweekly
Step 2
Biweekly
Step 3
Biweekly
Step 4
Biweekly
Step 5
Biweekly
Step 6
FIRE BATTALION CHIEF 5010 505 FFA 4,255.00$ 4,479.00$ 4,715.00$ 4,963.00$ 5,224.00$ 5,499.00$
FIRE CAPTAIN 6010 621 FFA 3,318.00$ 3,493.00$ 3,677.00$ 3,871.00$ 4,075.00$ x
FIRE ENGINEER 6020 615 FFA 2,841.00$ 2,990.00$ 3,147.00$ 3,313.00$ 3,487.00$ x
FIRE INSPECTOR I 6198 626 FFA 2,387.00$ 2,513.00$ 2,645.00$ 2,784.00$ 2,930.00$ x
FIRE INSPECTOR II 6200 630 FFA 2,648.00$ 2,787.00$ 2,934.00$ 3,088.00$ 3,250.00$ x
FIRE INSPECTOR III 6202 633 FFA 2,861.00$ 3,012.00$ 3,170.00$ 3,337.00$ 3,513.00$ x
FIRE VEHICLE MECHANIC 6030 616 FFA 2,910.00$ 3,063.00$ 3,224.00$ 3,394.00$ 3,573.00$ x
FIREFIGHTER 6040 612 FFA 2,361.00$ 2,623.00$ 2,761.00$ 2,906.00$ 3,059.00$ 3,220.00$
HAZARDOUS MATERIALS COORD 6165 617 FFA 3,421.00$ 3,601.00$ 3,791.00$ 3,991.00$ 4,201.00$ x
Summary of Changes: 3% Market Equity Adjustment
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% Market Equity Adjustment
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