HomeMy WebLinkAboutR-11265 adopting the MOA between the City of San Luis Obispo and the International Association of 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.
R 11265
RESOLUTION NO. 11265 (2021 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 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3523 FOR THE PERIOD OF JANUARY 1, 2021 TO DECEMBER
31, 2023
WHEREAS, the International Association of Firefighters, Local 3523 (Fire) is
committed to providing high quality service to the community; 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 Labor
Relations Objectives and Compensation Philosophy while also considering the long -term
fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo hereby revises the Fire’s compensation as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo
and 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.
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 Jimmy Witt, The International
Association of Firefighters, Local 3523, and Nickole Domini, Interim Human Resources
Director.
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Resolution No. 11265 (2021 Series) Page 2
R 11265
SECTION 4. Amendments to compensation for The International Association of
Firefighters, Local 3523 do not constitute a “Project” under CEQA Guidelines Sec. 15378.
Upon motion of Council Member Christianson, seconded by Council Member Pease,
and on the following vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20th day of July 2021.
_____________________________
Mayor Heidi Harmon
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
_____________________________
Teresa Purrington
City Clerk
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Exhibit “A”
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Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 2
ARTICLE 2 - RECOGNITION .......................................................................................... 3
ARTICLE 3 - DUES DEDUCTION ................................................................................... 4
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 5
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 6
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 7
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 9
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES ........................................................ 10
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 12
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 13
ARTICLE 11 - SALARY ................................................................................................. 16
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 19
ARTICLE 13 - PARAMEDIC COORDINATOR PAY ...................................................... 20
ARTICLE 14 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 21
ARTICLE 15 - BILINGUAL PAY .................................................................................... 22
ARTICLE 16 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 23
ARTICLE 17 - ABOVE GRADE SKILLS INCENTIVE .................................................... 24
ARTICLE 18 - ACTING PAY ......................................................................................... 26
ARTICLE 19 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 27
ARTICLE 20 - OVERTIME ............................................................................................ 28
ARTICLE 21 - EMERGENCY CALL BACK ................................................................... 32
ARTICLE 22 - WORK OUT OF GRADE ........................................................................ 33
ARTICLE 23 - STANDBY .............................................................................................. 34
ARTICLE 24 - EDUCATIONAL INCENTIVE ................................................................. 35
ARTICLE 25 - UNIFORM ALLOWANCE ....................................................................... 37
ARTICLE 26 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 39
ARTICLE 27 - INSURANCE .......................................................................................... 40
ARTICLE 28 - VACATION LEAVE ................................................................................ 44
ARTICLE 29 - HOLIDAYS ............................................................................................. 49
ARTICLE 30 - BEREAVEMENT LEAVE ....................................................................... 51
ARTICLE 31 - SICK LEAVE .......................................................................................... 52
ARTICLE 32 - FAMILY LEAVE ..................................................................................... 54
ARTICLE 33 - WORKERS' COMPENSATION LEAVE ................................................. 56
ARTICLE 34 - MODIFIED WORK ASSIGNMENT ........................................................ 57
ARTICLE 35 - SAFETY ................................................................................................. 59
ARTICLE 36 - RETIREMENT ........................................................................................ 60
ARTICLE 37 – RETIREE MEDICAL TRUST ................................................................. 63
ARTICLE 38 - HOURS .................................................................................................. 67
ARTICLE 39 - HEALTH/FITNESS ................................................................................. 69
ARTICLE 40 - SALARY SURVEY CITIES ..................................................................... 70
ARTICLE 41 - LAYOFFS ............................................................................................... 71
ARTICLE 42 - WORK ACTIONS ................................................................................... 77
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ARTICLE 43 - FIREFIGHTER RECRUITMENT ............................................................ 78
ARTICLE 44 - PROBATIONARY PERIOD .................................................................... 79
ARTICLE 45 - RESIDENCY REQUIREMENT ............................................................... 80
ARTICLE 46 - STAFFING ............................................................................................. 81
ARTICLE 47 - SENIORITY BIDDING FOR STATION ASSIGNMENT .......................... 83
ARTICLE 47 - DISCIPLINARY PROCEDURE .............................................................. 89
ARTICLE 48 - FULL AGREEMENT............................................................................. 101
ARTICLE 49 - SAVINGS CLAUSE .............................................................................. 102
ARTICLE 50 - RENEGOTIATIONS ............................................................................. 103
ARTICLE 51 - AUTHORIZED AGENTS ...................................................................... 104
ARTICLE 52 - TERM OF AGREEMENT ..................................................................... 105
APPENDIX A - CLASSIFICATION .............................................................................. 106
APPENDIX B - WORK SCHEDULE ILLUSTRATION ................................................. 107
APPENDIX C - SALARY RANGES ............................................................................ 108
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this July 20, 2021 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.
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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.
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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 or designee 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 and
defend 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.
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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 shall also 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.
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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.
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ARTICLE 6 - REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select
not more than five (5) employee members of such organization 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 their 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 twelve (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 ’s
President along with the Executive Board and the Accounting Manager or
designee shall determine the number of hours remaining in the Union time
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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 designee.
8. Vacancies created by approved requests that affect constant staffing may
be filled through mandated overtime.
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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 Fire Chief or designee 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 (2) to four (4) representatives of the Union, the City Manager (or designee),
Fire Chief (or designee), and management representative(s) designated by the
City will meet quarterly, if requested by the Union or Fire Chief 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 Fire Chief at a scheduled monthly
meeting.
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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 they were 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 their selection
on promotional exams two (2) or more times during the term of this Agreement.
In accordance with Section 2.36.240 A4 of the City’s Personnel Rules and Regulations,
“When an employee is promoted, the employee shall be paid at the first step in the salary
range for the new positions whose salary is at least five percent above the last step held
in the former position.” When promoting to Fire Engineer or Fire Captain, the last step
held will be defined as step pay only, exclusive of any ince ntive or overtime pay unless
the employee is no longer eligible for such incentive upon promotion (i.e. Paramedic
Coordinator). Specifically, when promoting to Fire Captain, if the department has more
than the minimum of 24 Paramedics, as outlined in Article 44 – Staffing, and does not
have the operational need for an employee promoting to Fire Engineer or Fire Captain to
remain a Paramedic and will therefore not continue to receive the Paramedic Incentive
Pay, the City shall include the Paramedic Incentive Pay in determining salary placement
for the promotion.
In accordance with the January 24, 2020 grievance settlement, step placement upon
promotion for Fire Battalion Chief is primarily based on applicable education and
experience. Education and experience will be first applied to meet the minimum
requirements per the current job description. Education and/or experience in excess of
that needed to meet minimums will be applied as follows:
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• Two years of experience as a SLO City Fire Captain equates to one step.
• Two years of education equates to one step.
Once initial step placement is proposed, a pay analysis will be conducted to ensure step
placement is above Fire Captain gross pay. The calculation will be as follows:
• Fire Captain gross pay includes base pay, regularly scheduled FLSA pay, and the
following incentives: bilingual pay, Station 1 Captain incentive, Paramedic
Incentive, HazMat Incentive, Paramedic Coordinator Incentive, and USAR
incentive.
• Battalion Chief proposed step is based on education and experience plus eligible
incentives.
• If Battalion Chief proposed step is more than Fire Captain gross pay; then Battalion
Chief step placement is appropriate.
• If Battalion Chief proposed step is less or equal to the Fire Captain gross pay;
adjust to the next Battalion Chief step above Fire Captain gross pay.
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ARTICLE 9 - UTILIZATION OF CITY FACILITIES
A. Local 3523 shall be allowed to use Fire Department facilities for official Union
activities. The Union will notify the Chief or their representative of any upcoming
meetings. The Union will follow any sign-up procedures for room availability the
Fire Department has in place. Scheduling of the facilities usage will 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 approval of the Chief to use the facility. Activities will
include but will would not be limited to: General Membership meetings, Board of
Directors meetings, Negotiation Team meetings, and various special committee
meetings.
B. Facilities available for official Union activities will include but will not be limited to:
conference room, training room, and second floor common areas.
C. 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 City
computers and e-mail system while conducting official Union activities at Fire
Department facilities. 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.
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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 (15) business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen (15) 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
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within five (5) 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 the Human Resources Director’s conferences and
investigations shall be submitted to the City Manager in writing within fifteen (15)
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 grievance. The City Manager’s decision shall be in writing and
given to the employee within fifteen (15) 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.
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 (5) 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 (5) 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 thirty (30) business days, the hearing officer shall review the
record and conduct a hearing on the matter. Within ten (10) 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
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merits.
d. Any fees or expenses of the hearing officer shall be payable one-half
by the city and one-half by the Union. All other expenses shall be
borne by the party incurring the expense.
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ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this Agreement 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 them one step unless their job
performance improves significantly within a sixty (60) day period. Unless the employee's
job performance improves to an acceptable level by the end of sixty (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, they may make the change at any time
with three (3) business days written notice.
For the position of Firefighter, the salary range consists of six (6) 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
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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.
B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period in the month listed
below for all classifications:
•
• July 2021 2.5%
• July 2022 2.5%
• July 2023 2.5%
C. Market Equity Adjustments
In addition to the above listed salary increases, the following classifications shall receive
market equity adjustments to be effective on the first day of the first full pay period in the
month listed below:
• July 2021 4% Firefighters, Fire Engineers, Fire Captains
• July 2021 1% Fire Battalion Chiefs (BCs)
• July 2022 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
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• July 2023 1.5% Firefighters, Fire Engineers, Fire Captains, BCs
The salary ranges for the term of this agreement are listed in Appendix C.
D. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing their salary until such time as there is an improved job performance. The
department head shall give sixty (60) days written notice to any employee they intend 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.
E. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
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ARTICLE 12 - PARAMEDIC INCENTIVE PAY
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter
base salary, prorated to a biweekly amount, to those Firefighters, Fire Engineers, or Fire
Captains assigned to EMT Paramedic duties by the Fire Chief or designee. Effective the
first full pay period of July 2023, the paramedic incentive shall change to be twelve percent
(12%) of the employee’s base pay to those Firefighters, Fire Engineers, or Fire Captains
assigned to EMT Paramedic duties by the Fire Chief or designee. This pay incentive is
effective the first full pay period following paramedic certification and assignment.
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.
See Article 8 – Promotional Opportunities for guidance on when the City shall include
Paramedic Incentive Pay in determining salary placement for promotion.
Probationary Firefighters are not eligible to act as paramedics in the first six (6) 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 their designee, a
Union Officer, and the Paramedic Coordinator.
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ARTICLE 13 - PARAMEDIC COORDINATOR PAY
As soon as administratively possible following Council’s adoption of the Agreement, the
City shall pay an additional five percent (5%) pay incentive of base rate of pay to those
Firefighters, Fire Engineers, or Fire Captains assigned to EMT Paramedic Coordinator
duties by the Fire Chief or designee. This pay incentive is effective the first full pay period
following the assignment.
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ARTICLE 14 - STATION ONE CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station One shall receive $57.69 bi-weekly pay
incentive, to compensate for the additional Station One workload. Employees are eligible
for this incentive the first full pay period following eligibility.
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ARTICLE 15 - 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 that qualify for this incentive may be approved by the City based
upon demonstrated need. Employees are eligible for this incentive the first full pay period
following qualification.
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ARTICLE 16 - HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
(Haz Mat) Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief
must meet minimum qualifications and training standards established by the County
coordinating agency. Safety employees meeting this eligibility criteria shall receive
incentive pay equal to four percent (4%) of the top step Firefighter base salary effective
the first full pay period following assignment. Employees who do not meet minimum
qualifications and established training standards as verified by the County’s quarterly
reporting process, will not be eligible to participate in the County Haz Mat Team and will
not be eligible for the incentive until such time as they meet minimum qualifications and
established training standards. The Fire Chief or designee may excuse Haz Mat training
exercises; however, irrespective of excused absences, employees are expected to meet
minimum training requirements.
The Department will support a six (6) person Haz Mat Team. It is recognized that
maintenance of the six (6) person Haz Mat Team will be subject to the department
procedures for filling any vacancies on the Team.
Haz Mat Technicians will be expected to certify as Haz Mat Specialists within twelve (12)
months of joining the team in order to continue receiving the incentive pay. Exceptions
may be made to the timeline to certify as a Haz Mat Specialist as granted by the Fire
Chief or designee based on availability of the required training.
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ARTICLE 17 - ABOVE GRADE SKILLS INCENTIVE
A. 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 , hereinafter referred to as
Above Grade Skills Incentive. Employees are eligible for this incentive the first full
pay period following qualification/certification through the testing and task booking
process as outlined in the Policies and Procedures, Training and Equipment,
2004, 2005, and 2006.
B. 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.
C. Individuals who are qualified/certified at more than one higher classificati on (e.g.,
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one (1) Above Grade Skills Incentive (four percent).
D. 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 is subject to appeal to the Chief by the
affected employee.
E. Relief Engineer certification is not eligible for the incentive.
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F. Firefighters, Fire Engineers, and Fire Captains that are receiving Above Grade
Skills Incentive and who have been temporarily promoted filling a long-term
vacancy in accordance with Policies and Procedures, Staffing, 4600 (vacancies
greater than 60 shifts) are eligible for an additional one percent (1%) not to exceed
five percent (5%) pay during the temporary promotion. This additional one percent
(1%) incentive is effective the first full pay period following the date of assignment.
As soon as administratively possible following Council adoption of the Agreement, the
City shall discontinue providing the Above Grade Skills Incentive to eligi ble employees
and instead offer Acting Pay as outlined in Article 18.
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ARTICLE 18 - ACTING PAY
As soon as administratively possible following Council adoption of the Agreement,
whenever the needs of the City require an employee to temporarily perform the duties of
a higher classification than that in which the employee is currently employed. To qualify
for Acting Pay, the temporary assignment must be for 24 -hour shift increments. The
employee shall receive Acting Pay calculated as five percent (5%) of the base hourly rate.
The following classifications are eligible for Acting Pay:
• Firefighter acting as a Fire Engineer.
• Firefighter acting as a Fire Captain.
• Fire Engineer acting as a Fire Captain.
• Fire Captain acting as a Battalion Chief.
• Battalion Chief acting as a Deputy Fire Chief or Fire Chief.
Eligibility for an Acting assignment requires the employee to have a signed off task book
or equivalent in the higher-level classification.
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ARTICLE 19 - URBAN SEARCH AND RESCUE INCENTIVE
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
(USAR). Members of the USAR Team must meet minimum qualifications and training
standards established by the County coordinating agen cy. Employees meeting this
eligibility criteria shall receive the incentive the first full pay period following assignment.
Employees who do not meet minimum qualifications and established training standards
as verified by the County’s quarterly reporting process, will not be eligible to participate in
the County USAR Team and will not be eligible for the incentive until such time as they
meet minimum qualifications and established training standards. The Fire Chief or
designee may excuse USAR training exercises; however, irrespective of excused
absences, employees are expected to meet minimum training requirements. 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.
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ARTICLE 20 - OVERTIME
A. 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.
Pay incentives included in this calculation of MOA Overtime include:
• Above Grade Skills Incentive
• Acting Pay
• Bilingual Pay
• Education Incentive
• HazMat Incentive
• Holiday (quarterly cash out)
• Paramedic Coordinator Incentive
• Paramedic Incentive
• Station 1 Captain Incentive
• USAR Incentive
B. Battalion Chiefs shall be considered exempt and not eligible for overtime payment
or any return-to-work minimum payments, except as described below, in Article
19, 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 car ry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
C. Pursuant to Article 18.3 of the 2016-17 MOA, the City conducted an internal review
of whether the Battalion Chief classification is exempt or non-exempt under Fair
Labor Standards Act and an analysis of FLSA overtime in light of the Flores v. City
of San Gabriel decision. This confirms the City’s determination that the Battalion
Chiefs meet the legal requirements for exemption from FLSA overtime and that the
City’s implementation of the dual calculation method, as described in the letter to
Local 3523 dated October 6, 2017, addresses the FLSA compliance requirements
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announced in the Flores decision.
D. 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
work period. 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 (24) day pay cycle. Paid time off shall be counted as
time worked when calculating this overtime pay.
E. 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 work week
including holiday, sick leave and vacation unless they elect to receive
compensatory time off at time and one-half.
F. Pay incentives included for non-safety personnel in this calculation of MOA
Overtime include:
• Bilingual Pay
• Education Incentive
• Work out of Grade Pay
G. All overtime shall be authorized in writing by the Fire Chief or designee prior to
being compensated.
H. All overtime shall be paid to the nearest quarter hour worked where no minimum
is authorized.
I. 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
Third Option – Mandatory staffing that ensures adequate paramedic and
officer coverage
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Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
J. 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 seventy-two (72) hours per
calendar year of Administrative Leave. Battalion Chiefs will earn seventy-two (72)
hours of administrative leave the pay period that January 1st falls into and such
leave may be taken at any time during the year. Administrative leave hours shall
be pro-rated on a monthly basis (the rate of six (6) hours per month) when a
Battalion Chief is hired during the year. 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 forty (40) hours of unused administrative
leave to be paid in cash the pay period that January 1st falls into provided that total
administrative leave taken and paid does not exceed seventy-two (72) hours
during the calendar year.
K. 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 continuation or shift coverage for another Fire
Battalion Chief will receive a stipend at the rate of 1.5% 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”.
L. Battalion Chiefs – Call Back.
Shift coverage call back shall be as follows:
First Option – Rank for rank
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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.
M. Notwithstanding the MOA overtime provisions set forth in subsections A -I above,
effective October 12, 2017, the City implemented a dual calculation of overtime for
the classifications of Firefighter, Fire Engineer and Fire Captain. The purpose of
the dual calculation is to ensure the correct calculation and payment of strict Fair
Labor Standards Act (“FLSA”) overtime. For the purpose of calculating FLSA
overtime, the City will apply a 207(k)-work period of twenty-four (24) days. FLSA
overtime is defined as all hours actually worked over 182 in the 24 -day work period.
FLSA overtime will be calculated at the rate of time and one -half the employee’s
regular rate of pay, which includes the following special pays: Acting Pay, Bilingual,
Education, Haz Mat, Health Insurance Cash-in-Lieu, Paramedic, Standby, Station
1 Captain, and USAR. FLSA overtime required by this subsection shall be
calculated in accordance with the FLSA statutory and regulatory regular rate
requirements.
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ARTICLE 21 - EMERGENCY CALL BACK
A. Firefighters, Engineers and Captains who are unexpectedly called back to work
after completing their shift and having left the worksite shall be paid a four (4) hour
minimum guarantee at time-and-one-half.
B. Non-safety personnel shall receive a minimum of four (4) hours at time and one-
half for emergency call back or time and one -half for hours actually worked,
whichever is larger.
C. 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.
Effective upon Council Adoption, Battalion Chiefs who are unexpectedly called
back to work after completing their shift and having left the worksite shall be paid
a four (4) hour minimum at the shift coverage stipend rate of 1.5% for the four
(4)hour minimum or actual time worked, whichever is greater.
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ARTICLE 22 - 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 straight time (ST)
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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ARTICLE 23 - STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
• Be ready to respond immediately to a call for service;
• Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
• Refrain from activities which might impair their assigned duties upon call
(including alcohol consumption).
B. 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.
C. 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 c ash 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.
D. The parties agree that employees on standby, as defined above, are waiting to be
engaged for purposes of MOA and FLSA overtime.
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ARTICLE 24 - 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 (1) 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 comm unity or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four-year
college or university. Total educational 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 thirty
(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 educational incentive pay shall be made by the employee to the
Fire Chief or designee at least thirty (30) days before the date the payment of the
incentive pay is to be effective. Approval of the Fire Chief or designee and the
Human Resources Director or designee shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the educational incentive pay is not performing
up to the established standards set for the job, the department head with the
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concurrence of the City Manager, may suspend payment of the educational
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 sha ll be
removed if the employee is promoted to a position which does not entitle the
employee to such incentive.
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 25 - UNIFORM ALLOWANCE
A. Positions designated by the Fire Chief that are required to wear an approved
uniform to promote the Department’s public image 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.
Positions designated by the Fire Chief as only requiring occasional usage, such as
the Fire Vehicle Mechanic, shall receive $500 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 their 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 emp loyee 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 this 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.
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E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
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ARTICLE 26 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE
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 ye ar. Eligible
employees hired after the annual tool allowance is provided, will receive a prorated tool
allowance, based on their start date.
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ARTICLE 27 - INSURANCE
A. Health Flex Allowance
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 Section 125 Plan “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. The current monthly health flex allowance
shall be:
Employee Only $ 585.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,157.00
Family $1,566.00
Employees hired prior to October 18, 2016 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 for the 2023 and 2024 premiums, 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%, +20%, and -6% respectively, the City’s contribution
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would be increased by 4% ((10% + 20% + -6%) ÷ 3 = 8% 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 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 10/18/2016)
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within thirty (30) days of the loss of
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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
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
Fire 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
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($25,000) shall be paid by the City. The Fire Battalion Chief’s life insurance policy
includes Accidental Death and Dismemberment coverage in the amount of Thirty-
Five Thousand Dollars ($35,000) paid by the City.
All Other Fire Association Members:
All other Fire Association Members shall have term life insurance coverage in the
amount of Ten Thousand ($10,000) paid by the employee through the City’s
Cafeteria Plan. Accidental Death and Dismemberment coverage in the amount of
Ten Thousand Dollars ($10,000) shall be paid by the employee through the City’s
Cafeteria Plan.
G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Revie w 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 o pt-
out incentive should there be future mandates under the ACA, Cafeteria Plan rules,
or the City’s obligations under the ACA or other laws. Any action taken in
accordance with this reservation of rights will be subject to the meet and confer
process.
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ARTICLE 28 - VACATION LEAVE
A. Each incumbent of a forty (40) hour and fifty-six (56) hour a week line-item position
shall accrue vacation leave with pay at the following rates:
40-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
56-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 7 days 168 hours
5 to 10 years 8 days 192 hours
10 to 15 years 9 days 216 hours
15 to 20 years 10 days 240 hours
20+ years 11 days 264 hours
*One day is equivalent to eight (8) hours for a forty (40) hour per week line-item
position and twenty-four (24) hours for a fifty-six (56) hour per week line-item
position.
B. 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.
C. An employee who leaves the City service shall receive payment for any unused
vacation leave.
D. 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.
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E. All employees in this unit may accrue a maximum of vacation time not to exceed
twice their annual rate.
F. All employees in this unit are eligible in December, to request payment for up to
one hundred and fifty (150) hours of unused vacation leave provided that an
employee’s attendance practices are satisfactory. If an employee reaches the
annual accrual cap before December, the employee will be able to request
vacation payment one other time during the year, in addition to the December cash
out. However, no more than one hundred and fifty (150) hours of unused vacation
leave will be paid out in any calendar year.
G. Vacation Use (Firefighters, Fire Engineers, Fire Captains):
1. 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.
2. 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.
3. 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 o ff 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.
4. Employees have the right to unscheduled vacation as provided in the current
departmental Policies and Procedures, Leave, 4200.
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5. Time off by Battalion Chiefs is not included in the determination of the number
of employees on vacation per Section G (4) above.
6. 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 will have the ability to cash out their vacation per Section F above .
7. If an employee must cancel vacation for good reason, as defined by
management, the employee will have the ability to cash out their vacation per
Section F above.
8. Employees may cancel scheduled vacation for any reason with a minimum of
fifteen (15) days advance written notice to the Fire Chief or their designated
representative. Maximum vacation accruals will not be waived for vacation
canceled pursuant to this section.
9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental Policies and Procedures, Leave4200. shall be modified as
follows:
If approval is granted for vacation cancellation, the Battalion Chief on the shift
affected will make notification of the dates available to the platoon via computer by
using the Vacation Selection Program. All selections made from the cancelled
days will be recognized as scheduled vacation. Filling the cancelled day 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 personnel on the shift have been able to review and select the remaining
available cancelled days.
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H. Vacation Use (Battalion Chiefs)
1. 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 (1) Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief or Deputy
Fire Chief will consider and approve the request.
2. Unscheduled vacations will be made in writing to the Fire Chief or Deputy
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 or Deputy Fire Chief.
Mandatory overtime is not allowed for unscheduled vacation.
3. If an employee’s scheduled vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation. In
this case, the employee will be able to exercise the ability to cash out their
vacation per Section F above.
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ARTICLE 29 - 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 145.6 hours of holiday leave
annually, in lieu of fixed holidays. The holiday leave shall be advanced to the
employee effective the payroll period that January 1st falls within. Such holiday
leave may be taken off by the employee as provided in the current departmental
Policies and Procedures, Leave, 4201.
Each calendar quarter, an employee has the option of receiving payment for one -
fourth (1/4) of their advanced holiday leave. Any holiday leave remaining as of
December 31st of each year will be paid to the employee at the straight time rate
the payroll period that January 1st falls within.
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If an employee terminates for any reason, having taken off hours in excess of their
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
C. Floating (eight 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.
The two (2) floating holidays (16 hours) for non-shift employees will be provided in
a floating holiday leave bank the pay period that January 1st falls within rather than
being accrued on a semi-monthly basis. Employees will have the ability to use
floating holiday leave hours at any point during the calendar year. Unused floating
holiday leave will not be carried over year to year but can be taken through
December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of their
prorated share of the floating holiday, the value of the overage will be deducted
from the employee's final paycheck.
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ARTICLE 30 - 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 40 hours for a 40-hour week line-item position or fifty-six (56) hours for a fifty-
six (56) hour week line-item position from each incident. The employee may be required
to submit proof of relative's death before being granted sick leave pay. False information
given concerning the death of relationship shall be cause for discharge.
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ARTICLE 31 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the City’s Municipal Code. Each incumbent
of a line-item position shall accrue sick leave with pay at the rate of twelve (12) days (96
hours) or the shift equivalent (134.4 hours) per year of continuous service since the
benefit date.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two (2) options.
Upon termination by death of the employee a percentage of the dollar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule:
1. Death unrelated to the job - 50% Such payment shall be made within seventy-two
(72) hours of notice to the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten (10) years of continuous employment (for all employees except
Battalion Chiefs) - 10%
b. After twenty (20) years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty (20) years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five (25) years of continuous employment (Battalion Chiefs only) –
25%
e. After thirty (30) years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related death or 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.)
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4. Job-related death or job-related disability retirement and actual commencement of
PERS benefits (for Battalion Chiefs only) - 50% with a maximum of 750 hours
payoff (50% of 1,500 accrued hours). Any balance of sick leave that remains after
payoff will be forfeited. Sick leave cannot be used to postpone the effective date
of an industrial disability retirement.
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ARTICLE 32 - FAMILY LEAVE
A. An employee may use up to forty-eight (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 for a member of their 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 twelve (12) weeks of Family/Medical Leave within any twelve (12) month
period. Family/Medical leave can be used for:
• A new child through birth adoption or foster care (maternal or paternal
leave).
• A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
• Placement of an employee's child for adoption or foster care.
• A serious health condition which makes the employee unable to perform the
functions of his or her position.
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This leave shall be in addition to leave available to employees under the existing
four (4) month Pregnancy Disability Leave provided by California law. Paid leave,
if used for family leave purposes or personal illness, will be subtracted from the
twelve (12) weeks allowed by the Family/Medical Leave Program. Employees
must use all available sick, vacation, compensatory time, holiday, and
administrative 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 medical insurance premiums or will continue to receive the
conditional opt out amounts, whichever is applicable. No other group health
insurance premiums will be paid by the City.
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 Family and Medical
Leave Policy.
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ARTICLE 33 - 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 their base salary and the amount
provided by workers' compensation law during the first ninety (90) business days of such
disability absence.
If an employee is eligible for Total Temporary Disability benefits after exhausting 4850 or
salary continuation as defined in the pa ragraph above, the employee will receive such
payment directly from the City’s workers’ compensation administrator and will only be
able to supplement pay with accrued sick leave.
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ARTICLE 34 - 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 forty (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, they 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 Workers’ Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that they would like to be placed on
a forty (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.
Workers’ Compensation Injury - An employee is on Worker’s Compensation injury
leave and is provided temporary modified work restrictions and the Fire Chief or designee
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.
If and when an employee is released to modified-duty, a Pay Change Form is initiated
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and all leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a forty
(40) hour work week. If modified duty is offered, it will commence the start of a pay period.
It should be noted that any leave taken during this modified-duty period is taken at the
forty (40) hour work week accrual rate and no FLSA is given.
Once the employee has received a doctor’s release to return back to full duty, the Fire
Chief or designee will determine the date the employee can return back to their regular
assignment. If excess overtime would be triggered, the employ ee will return to work on
the earliest date that will not trigger excess overtime.
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ARTICLE 35 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined in Article
7.
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ARTICLE 36 - RETIREMENT
A. PERS Contracts
1. “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
(PERS) Safety 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, Military Service Credit and Pre-Retirement Optional
Settlement 2 Death Benefit.
2. “Classic Members Second Tier” sworn members hired on or after July 1,
2012 and non-sworn members hired on or after December 6, 2012.
The City agrees to provide the PERS Safety 3% at age 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 3% at age 55 plan
includes 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 2% at age 60 plan includes the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to
additional retirement credit, Military Service Credit, and Pre-Retirement
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Optional Settlement 2 Death Benefit.
3. “New Members Third Tier” sworn and non-sworn employees hired after
January 1, 2013. PERS determines who 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.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first full pay period in July 2013, employees began paying the
full member contribution required under the plan for first and second tier
sworn (9%) and non-sworn (8% and 7% respectively) personnel and the
City discontinued its payment of the member contribution. For purposes of
this Article, employee contributions are based on salary and special
compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn and non -sworn
personnel shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July
2020, all sworn and non-sworn personnel’s additional contribution shall
increase to 3%, in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
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2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal
cost, as determined by PERS.
Effective the first full pay period in July 2019, all sworn and non-sworn new
members shall contribute 1.5% in addition to the employee paying 50% of
the normal cost. Effective the first full pay period in July 2020, all sworn and
non-sworn employees’ contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions
are in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
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ARTICLE 37 – RETIREE MEDICAL TRUST
A. The Union will establish a retiree medical plan administered by the Peace Officers
Research Association of California (PORAC), herein after referred to as the
Retiree Medical Trust or the Trust, and the cost of establishing the Trust shall be
at no cost to the City. The City is not a party to the Trust and has no obligations
for securing or maintaining the tax-exempt status of the Trust, regulatory
compliance, or for the management or performance of the Trust. The City’s only
obligation under this Article is to transfer employee contributions in accordance
with this Article to the custodian of the PORAC Retiree Medical Trust.
B. Contributions to the PORAC Retiree Medical Trust:
1) Employer Contributions. The City shall make no contributions to the
Trust.
2) Employee Contributions. The City shall withhold a mandatory employee
contribution of $50 semi-monthly (24 pay periods per year) for each
employee represented by the Union as referenced in Article 2 -
Recognition, on a pre-tax basis subject to applicable federal tax laws.
As each employee will contribute the same predetermined dollar
amount, no employee election forms designating the amount will be
needed, allowed or requested; and there shall be no employee election
either to make the employee contribution, or to determine the amount of
the contribution. The City shall remit the required employee
contributions semi-monthly, in one check to the custodian of the PORAC
Retiree Medical Trust.
In the event that an employee does not have sufficient earnings to pay
the pre-tax deduction in any given pay period, the employee’s
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contribution will be made only up to the amount of the employee’s
earnings for that pay period.
C. The City will comply with reasonable procedural rules set by the Trust Office with
regard to reporting and transferring the employee contributions set forth above,
typically involving providing the Trust Office with the name, social security number
and amounts transferred for each employee. In the event the reporting requirement
of the Trust requires reporting beyond that which the City typically provides for
other similar purposes (e.g. health insurance), the City will require the Union to pay
for any costs related to programming or producing such reports. Prior to engaging
in any activity that could result in such an expense, the City will notify the Union.
The City will cooperate with the Trust in allowing a payroll audit only for the purpose
of ascertaining if the proper amount of contributions has been made.
D. The Union agrees to defend, indemnify and hold harmless the City, and each of
the City’s elected officials, officers, employees and agents, against any claims,
actions, causes of action, legal proceedings or liabilities of any kind or nature which
may arise as a result of the operating of the Trust, except for the obligation of the
City to make and report the non-elective transfer of employee contributions as
described above in Paragraph B(2).
E. The monies contributed to the Trust fund shall only be used for retiree health
insurance premiums or health care expenses, as allowed by law. There shall be
no available employee election or option not to make required contributions or to
withdraw any contributed amounts in unrestricted cash.
F. The purpose of this Trust shall be to provide for retiree health care expense
reimbursement benefits. The Trust shall be and remain separate and apart from
any of the City health insurance funding programs.
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G. Further, the Union shall have the option to direct the City to further increase the
employee contribution transfer amount. The Union may not increase the employee
contribution rate more than once per calendar year.
H. Employees who participate in the Trust assume the entire risk from any inve stment
gains or losses associated with these funds or other decline in their value. Nothing
contained in this Side Letter shall constitute any representation or guarantee by
the City that the assets of the Trust will be sufficient to pay any benefit to any
person or to make any other payment during an employee's life expectancy after
retirement. Payments to be paid from the Trust are governed by and restricted to
the terms and conditions of the Trust Plan adopted by the Board of Trustees for
the Trust.
I. This Article is not subject to the normal grievance process outlined in the MOA.
Any disputes related to the City’s fulfilment of its obligations under this Article shall
be resolved as follows:
1) Only the Union and not individual employees can grieve disputes related to
this Article.
2) The only issues that are subject to this modified grievance procedure are
the City’s fulfilment of its obligations under this Article or whether an issue
is subject to this modified grievance procedure.
3) If there is a dispute about whether the City has fulfilled an obligation under
this Side Letter or whether an issue is subject to this modified grievance
procedure, the Union may, within fifteen business days of the occurrence of
the dispute, submit a grievance in writing to the City Manager. The City
Manager will review the dispute, conduct or have conducted, any
investigation the City Manager deems appropriate or necessary, and, within
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fifteen business days of receiving the grievance, meet with the Union to
attempt to resolve the dispute.
4) The City Manager will issue a decision in writing regarding the dispute within
five business days of meeting with the Union. The City Manager’s decision
will be final unless the Union seeks a review of the decision in accordance
with the procedures outlined in Article 10 Grievance Procedure, Paragraph
F of the MOA for review of employee grievances.
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ARTICLE 38 - HOURS
A. Employees assigned to a twenty-four (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 fifteen (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:
08:00 – 12:00 Captain’s Priority
12:00 – 13:00 Lunch
13:00 – 17:00 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 their representative may authorize employees
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covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. An yone 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 designee 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 designee may authorize employees covered by this
Agreement to relieve another department employee of equal rank or qualifications
for the position prior to the end of the scheduled shift.
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ARTICLE 39 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non -smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
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ARTICLE 40 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
• Davis
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
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ARTICLE 41 - 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.
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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.
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
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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
they are qualified. They will still remain on the re-employment list for the
job from which they were 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 their combined time within the Union, Firefighter, Engineer, or
Captain, in determining whether or not they 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 twenty (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.
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
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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 they 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 their 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 their immediate supervisor an
employee who has been notified of their impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
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scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for their
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed they shall be entitled to:
1) Retain their 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 their PERS funds. If an
employee has withdrawn funds, they will be reinstated to the
retirement package which is currently in effect for all newly
hired employees unless the employee notifies PERS within
ninety (90) days that they wish to redeposit the withdrawn
funds.
2. An individual reemployed into the job from which they were laid off shall be
assigned to the same salary range and step they held at the time of the
layoff. An individual reemployed into a job classification other than the
classification from which they were laid off shall be assigned to the salary
range of the new classification at the amount closest to the salary they
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, they 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 their probationary time commitment. Similarly, an individual who
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is reemployed shall complete, upon return to the job, the same work time
they would have had to work at the time of the layoff to attain a higher
vacation leave accrual rate or to become eligible for a salary step increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 42 - WORK ACTIONS
The City and the Union understand and agree that participation by members of the
bargaining unit in a strike or a concerted work stoppage presents an imminent threat to
public health or safety and is therefore unlawful. The City and the Union further
understand and agree that the Union will not in any way encourage or support members
of the bargaining unit to 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.
The City and the Union further understand and agree that members of the bargaining unit
will 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.
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ARTICLE 43 - FIREFIGHTER RECRUITMENT
A. 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 Policies and Procedures, Training, 2001. Notwithstanding
this provision, the parties understand and agree that the Chief reserves full
authority to determine the type, scope, and description of the recruitment process.
B. Firefighter Apprentices or Interns that are on payroll during an active Firefighter
recruitment, will be allowed to apply for entry-level firefighter positions. If a
Firefighter Apprentice or Intern does not meet the minimum qualifications before
the closing date of the recruitment, the individual, at the discretion of the Fire Chief
or designee may receive an oral interview to gain experience but will be unable to
be included on the established eligibility list.
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ARTICLE 44 - PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one (1) year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
(6) months upon the written recommendation of the Fire Chief and the written approval of
the Human Resources Director.
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ARTICLE 45 - RESIDENCY REQUIREMENT
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
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ARTICLE 46 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is three (3) Battalion Chiefs, twelve (12) Fire Captains, fifteen (15) Fire
Engineers, fifteen (15) Firefighters, one (1) Fire Vehicle Mechanic, three (3) Fire
Inspectors, and one (1) Hazardous Materials Coordinator. The parties recognize
a minimum of twenty-four (24) Paramedics within the ranks of Fire Captain, Fire
Engineer, and Firefighter as the authorized staffing for the department. It is further
recognized that maintenance of the authorized staffing will be subject to
department procedures for recruitment and selection of vacant positions. One
Paramedic Captain (included as one of the twenty-four (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 four teen
(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 thi s 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.
In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as Battalion
Chief as described in Policies and Procedures, Emergency Procedures, 1207.
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ARTICLE 47 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of Fire
Battalion Chief, Fire Captain, Fire Engineer, and Firefighter to determine “bid
staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
their 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.
1. Bid selection will be based on seniority in rank using the department’s
master seniority list.
2. Probationary firefighters will not be included in the bid process until the
completion of probation.
3. Each member will only be allowed to accept one bid per 180-day period
(once every six months).
4. After a bid has been closed, any remaining vacancies shall not be filled for
thirty (30) days.
5. Bid assignments requiring movement from one shift to another will begin
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the first day of the first full FLSA period following selection.
6. An employee’s voluntary request to move from one shift to another to fill a
vacant bid spot may be granted with less than fifteen (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 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.
4. 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 bid
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 utiliz e the IRC for
review of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
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the following additional requirements:
1. The bid transfer must be effective for a minimum of 12 months.
2. If within that twelve (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 their previous assignment, and recovers bid rights
after the remainder of the twelve (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 a Paramedic
Coordinator assigned. Paramedic Coordinators will be a minimum 2-year
commitment and only vacated voluntarily or as determined by the Fire Chief. The
employee 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. Rank then 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 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.
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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 wi ll be initiated
during the months of November and December.
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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.
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,
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unresolved issues will be addressed at the next contract negotiations.
The IRC will attempt to resolve issues of a personnel nature, i.e. station placement,
or an interpretation of the process, as they come up. If the committee cannot
resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will
be compensated (at straight time), hour for hour.
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ARTICLE 47 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Ob ispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Union 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.
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,
they 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 interrogation
by their 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, d emotion, 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
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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.
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 shall be informed, prior to the
investigation interview, of the rank, name, and command of the
officer in charge of the interview, 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
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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 their express consent nor shall their 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 their 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 will be advised of their constitutional and
statutory rights at the outset of the disciplinary interview.
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.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against their 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
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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 their assigned locker or other space for
storage searched except 1) in their presence, or 2) with their consent,
or 3) where they have been notified that a search will be conducted
and has failed to respond within a reasonable timeframe, or
notwithstanding the above, or 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 or designee 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 – one (1) year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
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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. Pre-disciplinary procedures will be in accordance with Sections 2.36.320
and 2.36.330 of the City’s Personnel Rules and Regulations.
D. Post-Discipline Appeal Rights
The following appeal procedures are adopted in accordance with Government Code §
3254.5 of the Firefighters Procedural Bill of Rights Act (FPBOR) and Section 1100 of the
Administrative Procedures Act. The following procedures supersede the disciplinary
procedures applicable to members of this bargaining unit under the City’s Personnel
Rules and Regulations.
1. APPLICABILITY
The term “punitive action” is defined by Government Code §3251(c), as may
be amended from time to time, and is currently defined as “any action that
may lead to dismissal, demotion, suspension, reduction in salary, written
reprimand, or transfer for purposes of punishment.” The term “punitive
action” is limited to charges based on events and circumstances involving
the employees’ performance of their official duties.
2. INFORMAL HEARING PROCEDURE
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Pursuant to Government Code § 11445.20, the following informal hearing
procedure shall be utilized for a punitive action not involving a discharge,
demotion, suspension of more than five (5) days, or reduction in salary
greater than the value of a suspension of five (5) days.
a. Notice of Appeal: Within five (5) calendar days of receipt of written
notification of punitive action as defined above, the employee shall
notify the City’s Human Resources Director in writing of the
employee’s intent to appeal the punitive action. The written notice of
appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
b. Hearing Officer: In an informal hearing, the City Manager or their
designee shall be the Hearing Officer. The City Manager or their
designee shall conduct the informal hearing in accordance with these
procedures. The determination of the City Manager shall be final and
binding.
c. Burden of Proof: The City shall bear the burden of proof at the
hearing or not, as follows:
i. If the action being appealed involves allegations originating
from a licensing or certifying agency as defined in the FPBOR,
the limited purpose of the hearing shall be to provide the
employee the opportunity to establish a record of the
circumstances surrounding the action.
ii. If the punitive action involves charges of misconduct that the
City has originated, the City shall have the burden of proving
by a preponderance of the evidence that the facts which form
the basis for the charges occurred, and that the level of
penalty was reasonable under the circumstances.
d. Conduct of Hearing:
i. The formal rules of evidence do not apply, although the
Hearing Officer shall have discretion to exclude or limit
evidence which is incompetent, irrelevant, or cumulative, or
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the presentation of which will otherwise consume undue time.
The Hearing Officer may limit the use of witnesses, testimony,
evidence, and argument. There is no right of intervention,
discovery, or prehearing conferences.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
1. Witnesses shall testify under oath.
2. Subpoenas may be issued pursuant to Government
Code §§ 11450.05 – 11450.50.
3. The parties are entitled to confront and cross-examine
witnesses only as to City-originated charges and
punitive actions that involve a suspension of up to five
(5) days or a pay reduction equivalent to a five (5)-day
suspension or less.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration
by the hearing officer.
e. Recording of the Hearing: If the City-originated charges and
punitive action involves a suspension of up to five (5) days or a salary
reduction equivalent to a five (5)-day suspension or less, the hearing
shall be stenographically recorded by a certified court reporter.
Otherwise, the hearing may be tape recorded. The per diem cost of
the court reporter shall be equally shared by the parties. The cost to
receive a transcript of the hearing shall be the responsibility of the
party requesting the transcript.
f. Representation: The employee may be represented by a union
representative or attorney of their choice at all stages of the
proceedings. All costs associated with such representation shall be
borne by the employee.
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g. Decision: The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre-paid, upon the employee as well as their attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing, and shall advise the employee that the time within which
judicial review of the decision may be sought is 90 days from the date
of mailing, as governed by Code of Civil Procedure § 1094.6.
3. FORMAL HEARING PROCEDURE
a. Applicability: The formal hearing procedure applies only to a
punitive action at the level of discharge, demotion, suspension of
more than five (5) days, or reduction in salary in an amount greater
than a five (5)-day suspension.
b. Final Notice of Discipline Serves as the Accusation: The final
notice of discipline which may be issued at the conclusion of any pre-
disciplinary procedures shall serve as the Accusation described in
Government Code §§ 11500, et seq. Pursuant to Government Code
§ 3254(f), the discipline shall not be effective sooner than 48 hours
of issuance of the final notice of discipline. The final notice of
discipline shall be prepared and served in person or by registered
mail. The final notice of discipline shall include a statement to the
employee that advises the employee of the right to request a hearing
by filing a Notice of Defense as provided in Government Code §
11506. A copy of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code shall be
provided to the employee concurrently with the final notice of
discipline.
c. Notice of Defense: In accordance with Government Code § 11506,
within fifteen (15) calendar days after service of the final notice of
discipline on the employee as set forth above, the empl oyee shall
notify the City’s Human Resources Director in writing of the
employee’s intent to appeal the punitive action by filing a Notice of
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Appeal. The Notice of Appeal must be signed by either the employee
or on the employee’s behalf and must include the mailing address of
the employee and/or their representative. Failure to file a timely
Notice of Defense constitutes a waiver of the employee’s right to a
hearing.
d. Accusation: Pursuant to Government Code §§ 11507 and 11516,
at any time before or after the case is submitted for decision, the City
may file an amended or supplemental Accusation in the form of a
notice of discipline. All parties must be notified of the amended or
supplemental Accusation.
e. Administrative Law Judge: Pursuant to Government Code §
11512, the City has determined that appeals shall be presided over
by an administrative law judge on staff of the State Office of
Administrative Hearings, hereinafter referred to as the “ALJ”. The
ALJ shall preside at the appeal hearing, rule on the admission and
exclusion of evidence and determine and rule on all matters of law,
both procedural and substantive. In conducting the hearing, the ALJ
shall follow the evidentiary standards described in section 11513 of
the Government Code.
f. Time and Place of Hearing: Pursuant to Government Code §
11508, unless otherwise decided by the Fire Chief or their designee,
a hearing shall be conducted at City Hall at a time to be determined
by the Human Resources Director or their designee.
g. Notice of the Hearing: The City will mail or deliver a written notice
of the hearing with the information required by Government Code §
11509, no later than ten (10) days prior to the hearing.
h. Findings: The appeal proceedings shall be reported by a
stenographic reporter. However, upon the consent of all the parties,
the proceedings may be reported electronically. Within 30 days after
the case is submitted, the ALJ shall prepare a proposed written
decision to be submitted to the City Council. Within 60 days of
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receipt by the City Council of the ALJ’s proposed decision, the City
Council may take any of the following actions:
i. Adopt the proposed decision in its entirety.
ii. Reduce or otherwise mitigate the proposed penalty and adopt
the balance of the proposed decision.
iii. Make technical or other minor changes in the proposed
decision and adopt it as the decision. Action by the City
Council under this paragraph is limited to a clarifying change
or a change of a similar nature that does not affect the factual
or legal basis of the proposed decision.
iv. Reject the proposed decision and refer the case to the same
ALJ if reasonably available, otherwise to another ALJ, to take
additional evidence. If the case is referred to the ALJ pursuant
to this subparagraph, the ALJ shall prepare a revised
proposed decision based on both the additional evidence and
the transcript and other papers that are part of the record of
the prior appeal hearing. A copy of the revised proposed
decision shall be furnished decision shall be served to each
party and their attorney in the manner specified in this
procedure.
v. Reject the proposed decision, and decide the case upon the
record, including the transcript, or upon an agreed statement
of the parties, with or without taking additional evidence. By
stipulation of the parties the City Council may decide the case
upon the record without including the transcript.
i. Decision: The City Council’s decision will be reduced to writing and
shall be final and binding on the parties. The City Council’s written
decision shall be served by first class mail, postage prepaid, upon
the employee as well as their attorney or representative, shall be
accompanied by an affidavit or certificate of mailing, and shall advise
the employee that the time within which judicial review of the decision
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may be sought is 90 days from the date of mailing as governed by
Code of Civil Procedure section 1094.6.
E. Personnel File
The employee must be given the opportunity to review and sign any document
adverse to their interests prior to its placement in their 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, the City shall permit that employee to inspect their personnel files
that 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. Said statement must become part of the
file. The City must respond within thirty (30) days and inform the employee
whether the request will be granted. If the request is denied, the reasons for the
denial must be set forth in writing and included in the personnel file. At the
employee’s request, the Human Resources Director shall hold an informal hearing
to determine the final disposition of any documents in dispute pursuant to this
section. At the hearing, the employee and City appointing authority may present
evidence and argument in support of their respective positions. The Human
Resource Director’s decision as to the disposition of the request is final with no
further administrative appeal.
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ARTICLE 48 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter within the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportunity to meet and confer on the
impact of its decision(s). If a conflict arises between the MOA and General Operations or
any other policy and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service
function, it will give notice to the Union and meet and confer on any aspects of the
proposal which fall within the scope of representation.
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ARTICLE 49 - 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 (3 0) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
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ARTICLE 50 - 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 pr oposals must
be submitted to the other party by September 1, 2023. If notice is properly and timely
given, negotiations shall commence no later than October 1, 2023.
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ARTICLE 51 - 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 (email:
president3523@gmail.com, mailing address: 2160 Santa Barbara Avenue, San
Luis Obispo, California 93401; telephone: (805) 550-0191.
B. Management's principal authorized agent shall be the Human Resources Director
or their duly authorized representative (mailing address: 990 Palm Street, San
Luis Obispo, California 93401; telephone: (805) 781-7250).
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ARTICLE 52 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2021 and continue in full force
and effect until expiration at midnight, December 31, 2023.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
2. This Agreement does not apply to Supplemental Employees. This Agreement was
executed July 20, 2021, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_________________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Stephen D. Leonesio, Labor Relations
Consultant
_________________________________ ________________________________
Nickole Domini, Interim HR Director Jimmy Witt, Local 3523 Representative
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APPENDIX A - CLASSIFICATION
CLASSIFICATION JOB CODE SALARY RANGE
Firefighter 52500 612
Fire Engineer 53500 615
Fire Vehicle Mechanic 52800 616
Hazardous Materials Coordinator 54501 617
Fire Captain 54500 621
Fire Inspector I* 51400 626
Fire Inspector II* 52400 630
Fire Inspector III* 53400 633
Fire Battalion Chief 55200 505
*Denotes positions within a career series
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APPENDIX B - WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal
Labor Standards Act (FLSA) to this work schedule. For purposes of illustration only, the
shift schedule pattern for employees working a fifty -six (56) hour work week consists of
eight (8) twenty-four (24) hour on-duty periods within a twenty-four (24) day cycle which
is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
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APPENDIX C - SALARY RANGES
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