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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. 13 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. 14 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. 15 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. 23 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. 24 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 25 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. 26 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. 27 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. 28 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. 29 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. 30 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 31 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 32 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. 33 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. 34 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 35 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. 36 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. 37 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. 38 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. 39 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. 40 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. 41 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. 42 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". 43 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. 44 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. 45 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. 46 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. 47 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. 48 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. 49 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. 50 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. 51 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. 52 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. 53 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 54 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. 55 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. 56 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. 57 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. 58 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. . 59 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”. 60 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 61 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 62 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. 63 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. 64 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. 65 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. 66 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. 67 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. 68 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. 69 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. 70 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. 71 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 72 73 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 74 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 75 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. 76 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 77 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 78