HomeMy WebLinkAboutR-10919 MOA between City and ALO Firefighters Local 3523 for 1-1-2018 to 12-31-2020City of San Luis Obispo, Human Resources, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7250, slocity.org
MEMORANDUM
DATE: November 17, 2023
TO: City Council
FROM: Nickole Domini, Director of Human Resources
SUBJECT: Administrative Correction to Memoranda of Agreement between the
City of San Luis Obispo and the International Association of
Firefighters, Local 3523
It has been brought to staff’s attention that there is a typo found in the “Retirement”
Article of the 2016-17, 2018-20, and 2021-23 Memoranda of Agreement with The
International Association of Firefighters, Local 3523.
The language in the “New Members Third Tier” sub-section of the “Retirement” Article
of each MOA states:
“The City will provide the PERS 2% at age 57 retirement plan for
sworn personnel and 2% at age 62 retirement plan for non-sworn
personnel, using the highest three-year average as final
compensation.”
However, this section should state a rate of 2.7% at age 57 for sworn personnel (as
emphasized below):
“The City will provide the PERS 2.7% at age 57 retirement plan for
sworn personnel and 2% at age 62 retirement plan for non-sworn
personnel, using the highest three-year average as final
compensation.
This clerical error pertains to the retirement plan for sworn fire personnel in the new
members' third tier. Specifically, the retirement plan, which is defined by the
regulations outlined in the Public Employees' Pension Reform Act of 2013 (PEPRA),
the Public Employees' Retirement Law, and is detailed within the City's contract with
CalPERS, reflects a 2.7% at age 57 retirement plan for sworn fire personnel. The
authority to determine the formula for the new member safety tier does not rest with
the City Council; rather, it is established by statute. Staff will update the website for
these Memoranda of Agreement effective November 17, 2023.
RESOLUTION NO. 10919 (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2018 THROUGH DECEMBER 31,
2020
WHEREAS, the International Association of Firefighters Local 3523 (Fire Union) is
committed to providing high quality service to the community and recognize the City's
commitment to fiscal responsibility in alignment with the City's Fiscal Health Response Plan;
and
WHEREAS, the Fire Union has agreed to a shared approach including modest salary
increases in exchange for employees paying more towards retirement costs; and,
WHEREAS, one-time funds are available in part due to out of county revenues generated
by Fire Union employees working to preserve the safety of local communities under threat of
fire, flood, or other natural disaster; and,
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City's adopted Compensation
Philosophy 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
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire Union for the period of January 1, 2018 through December 31, 2020, 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 as set forth in the Exhibit A.
SECTION 3. The City Manager and Human Resources Director are authorized to take any
and all necessary actions to implement this resolution.
SECTION 4. 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, International Association of
Firefighters, Local 3523, and Monica Irons, Director of Human Resources.
R 10919
Resolution No. 10919 (2018 Series) Page 2
SECTION 5. This Resolution becomes effective immediately upon approval.
Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17t', A— -V T--'- )Al
ATTEST:
w s
Teresa Purrington
City Clerk
AS TO FORM:
11CRuistine Dietrick
Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 25" day of 36,AV , 20 1
Teresa Purrington
City Clerk
R 10919
i
Resolution No. 10919 (2018 Series)
Exhibit A 3
ii
Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 1
ARTICLE 2 - RECOGNITION .......................................................................................... 2
ARTICLE 3 - DUES DEDUCTION ................................................................................... 3
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 4
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 6
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 8
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES .......................................................... 9
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 10
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 11
ARTICLE 11 - SALARY ................................................................................................. 14
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 17
ARTICLE 13 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 18
ARTICLE 14 - BILINGUAL PAY .................................................................................... 19
ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 20
ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE .................................................... 21
ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 23
ARTICLE 18 - OVERTIME ............................................................................................ 24
ARTICLE 19 - EMERGENCY CALL BACK ................................................................... 27
ARTICLE 20 - WORK OUT OF GRADE ........................................................................ 28
ARTICLE 21 - STANDBY .............................................................................................. 29
ARTICLE 22 - EDUCATIONAL INCENTIVE ................................................................. 30
ARTICLE 23 - UNIFORM ALLOWANCE ....................................................................... 32
ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 34
ARTICLE 25 - INSURANCE .......................................................................................... 35
ARTICLE 26 - VACATION LEAVE ................................................................................ 39
ARTICLE 27 - LEAVE OF ABSENCE ........................................................................... 43
ARTICLE 28 - HOLIDAYS ............................................................................................. 44
ARTICLE 29 - BEREAVEMENT LEAVE ....................................................................... 46
ARTICLE 30 - SICK LEAVE .......................................................................................... 47
ARTICLE 31 - FAMILY LEAVE ..................................................................................... 49
ARTICLE 32 - WORKERS' COMPENSATION LEAVE ................................................. 51
ARTICLE 33 - MODIFIED WORK ASSIGNMENT ......................................................... 52
ARTICLE 34 - SAFETY ................................................................................................. 54
ARTICLE 35 - RETIREMENT ........................................................................................ 55
ARTICLE 36 - HOURS .................................................................................................. 58
ARTICLE 37 - HEALTH/FITNESS ................................................................................. 60
ARTICLE 38 - SALARY SURVEY CITIES ..................................................................... 61
ARTICLE 39 - LAYOFFS ............................................................................................... 62
ARTICLE 40 - WORK ACTIONS ................................................................................... 68
ARTICLE 41 - FIREFIGHTER RECRUITMENT ............................................................ 69
ARTICLE 42 - PROBATIONARY PERIOD .................................................................... 70
ARTICLE 43 - RESIDENCY REQUIREMENT ............................................................... 71
ARTICLE 44 - STAFFING ............................................................................................. 72
ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT .......................... 73
Resolution No. 10919 (2018 Series)
Exhibit A 4
iii
ARTICLE 46 - DISCIPLINARY PROCEDURE .............................................................. 79
ARTICLE 47 - FULL AGREEMENT............................................................................... 85
ARTICLE 48 - SAVINGS CLAUSE ................................................................................ 86
ARTICLE 49 - RENEGOTIATIONS ............................................................................... 87
ARTICLE 50 - AUTHORIZED AGENTS ........................................................................ 88
ARTICLE 51 - TERM OF AGREEMENT ....................................................................... 89
APPENDIX A - CLASSIFICATION ................................................................................ 90
APPENDIX B - WORK SCHEDULE ILLUSTRATION ................................................... 91
APPENDIX C - SALARY RANGES ............................................................................... 92
Resolution No. 10919 (2018 Series)
Exhibit A 5
1
ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this July 17, 2018 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.
Resolution No. 10919 (2018 Series)
Exhibit A 6
2
ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989
Series), the City hereby recognizes the International Association of Firefighters, Local
3523, as the bargaining representative for purposes of representing regular and
probationary employees, occupying the position classifications set forth in Appendix A, in
the Fire Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of this Agreement.
Resolution No. 10919 (2018 Series)
Exhibit A 7
3
ARTICLE 3 - DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a
monthly basis for the duration of this Agreement, which dues shall not include
assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Director 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 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.
Resolution No. 10919 (2018 Series)
Exhibit A 8
4
ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
Resolution No. 10919 (2018 Series)
Exhibit A 9
5
ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union
by Government Code Section 3500, et seq.
Resolution No. 10919 (2018 Series)
Exhibit A 10
6
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 his or her duty or work
station or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be released for
good reason, the date of meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 Executive
Board members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of
carryover time) of vacation time, holiday time, and compensatory time off
(CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time
bank shall not exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be
carried over to the next year. If no hours were used in the previous year
and the maximum hours remain in the time bank, no additional donations
by members shall be authorized in the upcoming year.
5. During the first full pay period in July each calendar year, Local 3523
President along with the Executive Board and the Senior Accountant or
designee shall determine the number of hours remaining in the Union time
Resolution No. 10919 (2018 Series)
Exhibit A 11
7
bank. That number shall be subtracted from the maximum number of time
bank hours of 440 hours. The difference between the actual numb er 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 donate d by 56-hour per week
employees to be debited by the City to maintain 440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized
by the Executive Board and is subject to final approval per department
policies and procedures. Approval for suppression personnel must be
authorized in advance by a Battalion Chief and approval for non-
suppression personnel must be authorized in advance by the Fire Marshal
or designate.
8. Vacancies created by approved requests that affect constant staffing, may
be filled through mandated overtime.
Resolution No. 10919 (2018 Series)
Exhibit A 12
8
ARTICLE 7 - COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect
topics discussed, actions to be taken, the party responsible for any action and the
expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee),
department head (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the department head at a scheduled monthly meeting.
Resolution No. 10919 (2018 Series)
Exhibit A 13
9
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing
and scoring processes that will be followed. Once defined, testing and scoring processes
will not be modified.
There will be no banding on promotional exams and, if a candidate is by-passed during
the selection process, that person will be given a written reason by the Fire Chief as to
why s/he was by-passed. The City agrees to an opener to discuss the promotional
process if the Fire Chief goes below the top three (3) candidates in making his selection
on promotional exams two (2) or more times during the term of this contract.
Resolution No. 10919 (2018 Series)
Exhibit A 14
10
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 his/her representative of any upcoming
meetings. The Union will follow any sign -up procedures for room availability the
Department has in place. Scheduling of the facilities usage would be conducted
so as not to conflict or interfere with normal operation of departmental business.
In lieu of any conflicts in availability or a denial by the Chief, it will be presumed
that the Union will have the OK of the Chief to use the facility. Activities would
include but would not be limited to: General Membership meetings, Board of
Directors meetings, Negotiation Team meetings, and various special committee
meetings.
B. Facilities would include, but would 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 the computers
and the e-mail system. This right may be revoked at any time or for any reason.
This revocation must be done in writing and must be delivered in person to a San
Luis Obispo Firefighters’ Board member.
Resolution No. 10919 (2018 Series)
Exhibit A 15
11
ARTICLE 10 - GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, any
memorandum of agreement with an employee association or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievance and be represented.
C. Each Grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen business days of receiving the written
grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the human resourc es director
Resolution No. 10919 (2018 Series)
Exhibit A 16
12
within five business days of receiving the department head's decision. The Human
Resources Director shall confer with the employee and the department head and
any other interested parties and shall conduct such other investigations as may be
advisable.
E. The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee within
fifteen business days of receiving the Human Resources Director's results and
findings. Such decision shall be final unless the employee desires a review of the
decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local
3523)
a. The employee will have five business days following receipt of the
City Manager’s decision to submit a written request to the Human
Resources Director for review of the decision. The Human
Resources Director will obtain a list of five potential hearing officers
from the State Mediation and Conciliation Service. Then following a
random determination of which party (city or appellant) begins,
parties shall alternately strike one name from the list until only one
remains.
b. Within 30 business days, the hearing officer shall review the record
and conduct a hearing on the matter. Within ten business days the
hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
Resolution No. 10919 (2018 Series)
Exhibit A 17
13
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.
Resolution No. 10919 (2018 Series)
Exhibit A 18
14
ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution with the following modification: The Fire Chief shall be
authorized to reevaluate employees who reach the top step in their pay range. An
employee who is not performing up to standard for the top step shall be notified in writing
that the department head intends to reduce him/her one step unless his/her job
performance improves significantly within a 60-day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the pay reduction
shall then become effective. The top step may be reinstated at any time upon
recommendation of the department head. If the Fire Chief deems it necessary to again
remove the top step during the same fiscal year, he/she may make the change at any
time with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps
2 through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step
1 equals 90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5).
Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
Resolution No. 10919 (2018 Series)
Exhibit A 19
15
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:
• March 2018 1%
• July 2019 2%
• July 2020 2%
The salary ranges for the term of this agreement are listed in Appendix C.
C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing her/his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee s/he intends to "Y"
rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating
procedure shall not result (then or later) in the employee being frozen below the next
lower step of the new range.
Resolution No. 10919 (2018 Series)
Exhibit A 20
16
D. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
E. Lump Sum Payments
The following lump sum, taxable payments are part of a comprehensive settlement with
the Fire Union and will be made to all members employed by the City on the effective
date of the payments that are to be effective the first full pay period following the dates
listed below:
• Council Adoption of Agreement $2,000
• December 1, 2019 $1,300
• December 1, 2020 $1,300
Resolution No. 10919 (2018 Series)
Exhibit A 21
17
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 bi-weekly amount, to those Firefighters, Engineers, or Captains
assigned to EMT Paramedic duties by the Fire Chief. 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.
The Paramedic incentive shall be considered the same as base pay when determining
the starting salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of
their probationary period. After that point in their probationary period, they may be
allowed to do so, but only after a consul tation with the Fire Chief or his/her designee, a
Union Officer, and the Paramedic Coordinator.
Resolution No. 10919 (2018 Series)
Exhibit A 22
18
ARTICLE 13 - 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. Mandatory
assignments to Station One for Captains shall not exceed two consecutive years.
Employees are eligible for this incentive the first full pay period following eligibility.
Resolution No. 10919 (2018 Series)
Exhibit A 23
19
ARTICLE 14 - BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish
through the testing process shall receive a bilingual payment of $35 per pay period.
Additional languages may be approved by the City based upon demonstrated need.
Employees are eligible for this incentive the first full pay period following qualification.
Resolution No. 10919 (2018 Series)
Exhibit A 24
20
ARTICLE 15 - 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
shall receive incentive pay equal to four percent (4%) of the top step Firefighter base
salary effective the first full pay period following assignment. The Department will support
a 6 person Haz Mat Team (2 per shift). Haz Mat Technicians will be expected to certify
as Haz Mat Specialists within 12 months of joining the team in order to continue receiving
the incentive pay.
Resolution No. 10919 (2018 Series)
Exhibit A 25
21
ARTICLE 16 - 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. 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 Department Training Manual
and General Operations Manual sections 502.01, 502.02, and 502.03. Also
contained in these references are the requirements for refresher training and skills
maintenance to remain qualified/certified to serve in these acting capacities.
Biennial (occurring every two years) recertification is required to maintain or
reinstate an Above Grade Skills Incentive. This program is administered by the
Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g.
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classi fication for
which they are receiving the incentive, will have their incentive removed and be
required to recertify in order to receive the incentive again. The decision to remove
the incentive is reserved to the Chief and subject to appeal to the Chief b y the
affected employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of
agreement by Council, will be considered eligible for this incentive. Recertification
will be required within twelve months of that date.
Resolution No. 10919 (2018 Series)
Exhibit A 26
22
F. Effective upon Council Adoption, 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 General Order 201.05
(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 1% incentive is effective the first full pay period following the date of
assignment.
Resolution No. 10919 (2018 Series)
Exhibit A 27
23
ARTICLE 17 - 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 in
good standing who attend monthly Team drills and maintain currency in all technical skill
areas. Employees are eligible for this incentive the first full pay period following
qualification. 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.
Resolution No. 10919 (2018 Series)
Exhibit A 28
24
ARTICLE 18 - 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
• Bilingual Pay
• Education Incentive
• HazMat Incentive
• Holiday (quarterly cash out)
• 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 carry
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
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
pay cycle. Employees in these classifications who work more than one hundred
Resolution No. 10919 (2018 Series)
Exhibit A 29
25
eighty-two (182) hours during a pay cycle, shall be paid time and one -half (1 1/2)
for all hours worked in excess of one hundred eighty-two (182) hours worked in
the twenty-four day pay cycle. Paid time off shall be counted as time worked when
calculating this overtime pay.
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 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 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
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
Resolution No. 10919 (2018 Series)
Exhibit A 30
26
load and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Battalion Chiefs will earn 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 6.0 hours per month) when a Battalion Chief is hired during the year.
There shall be no carryover of such leave from year to y ear or any payoff for
unused leave except that during the month of December employees may request
up to 40 hours of unused administrative leave to be paid in cash the pay period
that January 1st falls into provided that total administrative leave taken and paid
does not exceed 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 1.275% of base pay for each
hour worked. Effective upon Council Adoption, the stipend rate will increase from
1.275% to 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
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.
Resolution No. 10919 (2018 Series)
Exhibit A 31
27
ARTICLE 19 - 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 4 -hour
minimum guarantee at time and one half.
B. Non-safety personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is
larger.
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.
D. Battalion Chiefs who are unexpectedly called back to work after completing their
shift shall be paid the shift coverage stipend of 1.275% for actual time worked but
do not receive a call back minimum.
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-hour minimum at the shift coverage stipend rate of 1.5% for the four-hour
minimum or actual time worked, whichever is greater.
Resolution No. 10919 (2018 Series)
Exhibit A 32
28
ARTICLE 20 - WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive
one step additional pay but in no case more than the top step for the higher classification
under the following conditions:
1. The assignment exceeds eight (8) consecutive work days in which case the step
increase becomes effective on the ninth (9th) work day.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive
compensation on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Resolution No. 10919 (2018 Series)
Exhibit A 33
29
ARTICLE 21 - STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of
two (2) hours straight time pay for each assigned standby period.
B. The Fire Vehicle Mechanic shall receive thirty-five dollars ($35.00) for each week
day and forty dollars ($40.00) for each weekend day and holiday when assigned
to standby. For return to work as part of a standby assignment, the City will
guarantee either two (2) hours of pay in cash at straight time or pay at time and
one half for time actually worked, whichever is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is
supported by reserve units, or when any other need arises; as mutually agreed
upon by the Fire Chief or designee and Fire Vehicle Mechanic.
Resolution No. 10919 (2018 Series)
Exhibit A 34
30
ARTICLE 22 - EDUCATIONAL INCENTIVE
The City agrees to an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the
City of San Luis Obispo, but credit will be given for approved education obtained
prior to that time. The basic benefit will consist of $46.16 bi-weekly for possession
of an A.A., or equivalent degree from an accredited community or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four year
college or university. Total incentive pay shall in no case exceed $92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30
semester units leading toward the appropriate degree with a grade of "C" or better
must be included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department
head at least 30 days before the date the payment of the incentive pay is to be
effective. Approval of the department head and the Human Resources Director
shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence
of the City Manager, may suspend payment of the incentive pay until such time as
Resolution No. 10919 (2018 Series)
Exhibit A 35
31
the employee's work performance comes up to the standard level, in the opinion
of the department head and concurred in by the City Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which
is required for the position held by the employee. Educational incentives shall not
be paid for education received on City time. The education incentive shall be
removed if the employee is promoted to a position which does not entitle employee
to such incentive.
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.
Resolution No. 10919 (2018 Series)
Exhibit A 36
32
ARTICLE 23 - 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 his/her designated representative shall conduct an inspection at
least once a year to ensure that each employee has the minimum number of
uniforms and that all uniforms meet department sta ndards regarding safety and
appearance. Employees whose uniforms do not meet standards may be subject
to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees
for purchase of their uniforms. If the employee severs employment with the City
or is terminated within one (1) year, the cash advance shall be deducted from the
employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The
Fire Chief shall establish and maintain a set of standards for the maintenance, care
and wearing of employee uniforms. Such standards shall be on file in the Fire
Chief's office, in each fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes,
Resolution No. 10919 (2018 Series)
Exhibit A 37
33
including appropriate athletic footwear. Appropriate health/fitness clothing will be
determined through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
Resolution No. 10919 (2018 Series)
Exhibit A 38
34
ARTICLE 24 - 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 eac h calendar year. Eligible
employees hired after the annual tool allowance is provided, will receive a prorated tool
allowance, based on his/her start date.
Resolution No. 10919 (2018 Series)
Exhibit A 39
35
ARTICLE 25 - 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 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 $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to 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 in December 2018 (for the January 2019 premium), December 2019 (for
the January 2020 premium), and December 2020 (for the January 2021 premium),
the City’s total Cafeteria Plan contribution shall be modified by an amount equal to
one half of the average percentage changes for family coverage in the PERS
health plans available in San Luis Obispo County. For example: if three plans are
available and the year-to-year changes were +10% + 15% + 20% respectively, the
Resolution No. 10919 (2018 Series)
Exhibit A 40
36
City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x
½). The employee only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program . The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the 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 summ ary,
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 30 days of the loss of other
Resolution No. 10919 (2018 Series)
Exhibit A 41
37
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 – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of
Thirty-Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be
paid by the employee through the City’s Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City.
Resolution No. 10919 (2018 Series)
Exhibit A 42
38
G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical
plans, including those offered by PERS.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms
of the Cafeteria plan and the use of health flex allowance and the conditional 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.
Resolution No. 10919 (2018 Series)
Exhibit A 43
39
ARTICLE 26 - VACATION LEAVE
A. Each incumbent of a 40-hour and 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 40 -hour per week line-item position
and 24 hours for a 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 f actor and, second, insofar as
possible, with the wishes of the employee.
Resolution No. 10919 (2018 Series)
Exhibit A 44
40
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
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
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 off on
vacation. On Christmas, Christmas Eve, and Thanksgiving holidays no
vacation will be granted that results in a mandatory of personnel. Additional
vacation slots may be available if personnel are available to fill the shif t without
causing mandatory overtime.
4. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
5. Time off by Battalion Chiefs is not included in the determination of the number
Resolution No. 10919 (2018 Series)
Exhibit A 45
41
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
15 days advance written notice to the Fire Chief or his/her designated
representative. Maximum vacation accruals will not be waived for vacation
canceled pursuant to this section.
9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion Chief
on the shift affected will direct the appropriate Captain to make notification of the
dates available to the platoon. Selection of available dates will be hand led as a
second choice vacation pick, selection may consist of any or all days remaining
available. All selections made from the cancelled days will be recognized as
scheduled vacation. Filling the cancelled days will start with the next person below
on the seniority list (person below the person who is canceling). Filling the
cancelled days will continue until all the days have been filled or all the personnel
on that shift have been able to review and select the remaining available vacation
shifts.
Resolution No. 10919 (2018 Series)
Exhibit A 46
42
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 Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief will consider
and approve the request.
2. Unscheduled vacations will be made in writing to the Fire Chief and will
require the availability of one Chief Officer and relief personnel which may
include voluntary overtime. All unscheduled vacations must be approved
by the Fire Chief. (Mandatory overtime is not allowed for unscheduled
vacation.)
3. If an employees’ scheduled vacation is change d 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.
Resolution No. 10919 (2018 Series)
Exhibit A 47
43
ARTICLE 27 - LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head
up to 40 hours per year for non-shift employees and 56 hours per year for shift employees.
When possible, such leave requests shall be in writing and approved in advance. All
other leave of absence requests shall be handled in accordance with Section 2.36.460 of
the Personnel Rules and Regulations.
Resolution No. 10919 (2018 Series)
Exhibit A 48
44
ARTICLE 28 - HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday sh all 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
Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one -
fourth (1/4) of his/her advanced holiday leave. Any holiday leave remaining as of
December 31st of each year will be paid to the employee at the straight time rate
the payroll period that January 1st falls within.
Resolution No. 10919 (2018 Series)
Exhibit A 49
45
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the
employee's final paycheck.
C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-
monthly basis and added to the vacation accrual. Use, carry-over, accumulation,
etc., of such vacation shall be subject to the same rules and procedures that cover
all accrued vacation.
Effective January 2019, the two 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
his/her prorated share of the floating holiday, the value of the overage will be
deducted from the employee's final paycheck.
Resolution No. 10919 (2018 Series)
Exhibit A 50
46
ARTICLE 29 - BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's immediate family, meaning spouse /domestic partner, child, brother, sister,
parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section shall
not exceed five (5) working days or the shift equivalent (56 hrs.) from each incident. The
employee may be required to submit proof of relative's death before being granted sick
leave pay. False information given concerning the death of relationship shall be cause
for discharge.
Resolution No. 10919 (2018 Series)
Exhibit A 51
47
ARTICLE 30 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. Each incumbent of a
line-item position shall accrue sick leave with pay at the rate of twelve days (96 hours) or
the shift equivalent (134.4 hours) per year of continuous service since the benefit date.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to th e 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 options.
Upon termination by death of the employee a percentage of the dol lar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule:
1. Death - 50% Such payment shall be made within seventy-two hours of notice to
the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
b. After twenty years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
e. After 30 years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related disability retirement and actual commencement of PERS benefits (for
all employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff
(75% of 1333.3 accrued hours.)
4. Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
Resolution No. 10919 (2018 Series)
Exhibit A 52
48
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.
Resolution No. 10919 (2018 Series)
Exhibit A 53
49
ARTICLE 31 - FAMILY LEAVE
A. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave
per calendar year if required to be away from the job to personally care fo r a
member of his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar
year or the shift equivalent (78.4 hours) if the family member is part of the
employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative as defined by Labor Code
Section 233 and/or Assembly Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical Leave within any 12-month period.
Family/Medical leave can be used for:
• A 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.
Resolution No. 10919 (2018 Series)
Exhibit A 54
50
This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available 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 health insurance premiums. Only City 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 "Guide to
Family/Medical Leave Program".
Resolution No. 10919 (2018 Series)
Exhibit A 55
51
ARTICLE 32 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on -the-job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850, shall be paid the difference between his base salary and the amount
provided by workers' compensation law during the first 90 business days of such disability
absence.
Resolution No. 10919 (2018 Series)
Exhibit A 56
52
ARTICLE 33 - MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the
individual to sit at a desk, operate a computer, drive a vehicle, and engage in minimal
walking. The employee may receive work assignments in one or more of the
Department’s program areas: Administration, Training, Hazard Prevention, Technical
Services, Disaster Preparedness, Emergency Response, or Communications. The
schedule is typically 40 hours a week with the employee working under the supervision
of the Fire Chief, Deputy Fire Chief, or a Battalion Chief. Depending upon the employee’s
limitations, abilities, and the needs of the Department, s/he may be assigned to shift work.
There are two methods for placing a person on modified duty:
1. At the employee’s request during a recovery period (minimum of two weeks)
due to an off-duty injury or illness.
2. At the request of the City because of a Worker’s Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on
a 40-hour modified duty administrative work assignment. The Fire Chief , or designee,
would review the temporary modified work restrictions provided by the employee’s doctor.
The Department typically has a variety of tasks that a person might be assigned to work
on. In accordance with past practice, as long as a legitimate modified work assignment
is available (minimum of two weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave
is provided temporary modified work restrictions and the Fire Chief knows of a possible
modified work assignment. The Fire Chief, or designee, would notify the employee of the
modified work assignment available. Employees on Worker’s compensation certified by
a doctor for a modified work assignment may lose benefits if they refuse available
modified work assignment based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all
leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour
Resolution No. 10919 (2018 Series)
Exhibit A 57
53
work week. It should be noted that any leave taken during this light-duty period is taken
at the 40-hour work week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee
has completed his/her FLSA period (the FLSA period runs concurrent with the A sh ift’s
schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will
be reviewed with the employee prior to setting up the work schedule. Once the employee
has received a doctor’s release to return back to full-duty and it has been approved by
the Fire Chief, the employee will return to their appropriate shift on their next scheduled
work day, assuming this return schedule does not trigger overtime in excess of regular
FLSA overtime. If excess overtime would be triggered, the employee will return to work
on the earliest date that will not trigger excess overtime.
Resolution No. 10919 (2018 Series)
Exhibit A 58
54
ARTICLE 34 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined in
Article 7.
Resolution No. 10919 (2018 Series)
Exhibit A 59
55
ARTICLE 35 - 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
Resolution No. 10919 (2018 Series)
Exhibit A 60
56
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).
Resolution No. 10919 (2018 Series)
Exhibit A 61
57
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).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be
considered contributions to the employees account. PERS currently requires a
secret ballot election among the employees affected to change the employees’
rate of contribution. The contract cannot be amended if a majority of the affected
members vote to disapprove the proposed plan. In the event a secret ballot is
required by State Law and the Fire membership does not vote to approve the
contract amendment, the additional contributions will still be required in
accordance to the provisions of §20516(f). In this case the additional contributions
would not be credited to the employee’s PERS account as a normal co ntribution.
Resolution No. 10919 (2018 Series)
Exhibit A 62
58
ARTICLE 36 - HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which,
over a period of one year, shall average approximately fifty-six (56) hours per
week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days’ notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at
0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the
following 8 a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work
day will be divided as follows:
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 his/her representative may authorize employees
Resolution No. 10919 (2018 Series)
Exhibit A 63
59
covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more
than 72 consecutive hours must contact the Battalion Chief for confirmation that
reasonable rest has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize
employees covered by this Agreement to exchange vacation leave with other
department employees of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to relieve another department employee of equal rank
or qualifications for the position prior to the end of the scheduled shift.
Resolution No. 10919 (2018 Series)
Exhibit A 64
60
ARTICLE 37 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non -smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
Resolution No. 10919 (2018 Series)
Exhibit A 65
61
ARTICLE 38 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
• Davis
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
Resolution No. 10919 (2018 Series)
Exhibit A 66
62
ARTICLE 39 - LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible
for the implementation of a layoff order of the City Council in accordance with the
procedures outlined below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be
as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to
be determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by
seniority and job performance. Seniority is established by time in service
within the Union. That is, the last employee hired into the bargaining unit
shall be the first employee laid-off. Job performance categories shall be
defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the lowest two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and expectations,
or is outstanding.
Resolution No. 10919 (2018 Series)
Exhibit A 67
63
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 j ob 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
Resolution No. 10919 (2018 Series)
Exhibit A 68
64
the human resources Director and in agreement with the employee, appoint
an employee who is to be laid-off to a vacancy in a vacant class for which
he or she is qualified. He/she will still remain on the re-employment list for
the job from which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may
bump back in their career series to a position they formerly held, if there is
an employee in the lower classification with less seniority than the employee
who wants to bump back. Seniority for the purpose of this section shall
mean time in service, as a regular employe e, within the Union. For
example, an employee attempting to bump back to Engineer from Captain
would utilize his/her combined time within the Union, firefighter, engineer or
captain, in determining whether or not he/she had more seniority than an
individual in the Engineer classification. The intent is to have the last person
hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within 20 calendar days from the date of
the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total seniority or by the acceptance of a
vacant position in the class with the same or lower salary.
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
Resolution No. 10919 (2018 Series)
Exhibit A 69
65
to F, below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the
layoff. The notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names from Re-employment Lists
1. The human resources Director may remove an employee’s name from a re -
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
c. The individual refuses one re-employment offer at his/her previous
job. Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affecte d by these
procedures shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
Resolution No. 10919 (2018 Series)
Exhibit A 70
66
scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed he/she shall be entitled to:
1) Retain his/her seniority date.
2) Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
3) Have any unused sick leave reinstated.
4) The same retirement package prior to layoff, assuming that
the employee has not withdrawn his/her PERS funds. If an
employee has withdrawn funds, he/she will be reinstated to
the retirement package which is currently in effect for all newly
hired employees unless the employee notifies PERS within 90
days that he/she wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall
be assigned to the same salary range and step he/she held at the time of
the layoff. An individual reemployed into a job classification other than the
classification from which he/she was laid off shall be assigned to the salary
range of the new classification at the amount closest to the salary he/she
earned at the time of the layoff.
3. When an individual has been reemployed after a layoff by bumping back to
a lower job classification prior to being laid-off, he/she will be placed on a
re-employment list for the higher job classification held prior to bumping
back.
4. A probationary employee who is reemployed shall be responsible for
completing his/her probationary time commitment. Similarly, an individual
Resolution No. 10919 (2018 Series)
Exhibit A 71
67
who is reemployed shall complete, upon return to the job, the same work
time he/she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
Resolution No. 10919 (2018 Series)
Exhibit A 72
68
ARTICLE 40 - WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed
to pose an imminent threat to public health or safety and is unlawful, furthermore, it shall
terminate the employment relation. Provided however that nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his employment.
1. Employee organizations shall not hinder, delay, i nterfere 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.
2. In the event that there occurs any strike, concerted work stoppage, or any other
form of interference with or limitation of the peaceful performance of City services
prohibited by this Article, the City, in addition to any other lawful remedies or
disciplinary actions, may, by action of the Municipal Employee Relations Officer
cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the
use of City facilities, and withdraw recognition of the employee organization or
organizations participating in such actions.
3. Employee members of any employee organization shall not be locked out or
prevented by management officials from performing their assigned duties when
such employees are willing to perform such duties in the customary manner and
at a reasonable level of efficiency.
Any decision made under the provisions of this Section may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete
statement setting forth all of the facts upon which the appeal is based. Such Notice of
Appeal must be filed within ten (10) working days after the affected employee organization
first received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
Resolution No. 10919 (2018 Series)
Exhibit A 73
69
ARTICLE 41 - 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 General Operations 501.03.
B. Firefighter Apprentices will be allowed to apply for entry-level firefighter positions
outside the limitation on the number of applications to be accepted. For a given
recruitment, if the number of applications received by the City for entry-level
firefighter positions is to be limited, the limit will not be less than 100.
C. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment sta ndards
remain the same.
Resolution No. 10919 (2018 Series)
Exhibit A 74
70
ARTICLE 42 - PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
months upon the written recommendation of the Fire Chief and the written approval of the
Human Resources Director.
Resolution No. 10919 (2018 Series)
Exhibit A 75
71
ARTICLE 43 - RESIDENCY REQUIREMENT
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
Resolution No. 10919 (2018 Series)
Exhibit A 76
72
ARTICLE 44 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is 3 Battalion Chiefs, 12 Fire Captains, 15 Fire Engineers, 12
Firefighters, 1 Fire Vehicle Mechanic, 3 Fire Inspectors, 1 Hazardous Materials
Coordinator. A minimum of 24 Paramedics within the ranks of Captain, Firefighter,
and Engineer is authorized. One Paramedic Captain (included as one of the 24
Paramedics) will be assigned per shift. If it becomes necessary for the City to
exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts
of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters
on-duty every day including the Battalion Chief. Nothing in this section precludes
the Fire Chief from hiring additional full-time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain th e fourteen
(14) per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the
Fire Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining
unit integrity. The City recognizes its obligations to meet and confer on any future
impacts of the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as
Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.
Resolution No. 10919 (2018 Series)
Exhibit A 77
73
ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of BC,
Captain, Engineer, and Firefighter to determine “bid staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
his/her rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid for a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy
and upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
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
30 days.
5. Bid assignments requiring movement from one shift to another will begin
the first day of the first full F.L.S.A. period following selection .
Resolution No. 10919 (2018 Series)
Exhibit A 78
74
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 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 is
accepted those employees involved will have used their one bid for the year. If the
request for mutual exchange is denied, the applicants can utilize the IRC for review
of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
the following additional requirements:
Resolution No. 10919 (2018 Series)
Exhibit A 79
75
1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12-month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12-month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not enough
Paramedics within the Firefighter/Engineer rank. Each shift will have one of the
three Paramedic Coordinators. Paramedic Coordinators will be a minimum 2-year
commitment and only vacated voluntarily or as determined by the Fire Chief. The
Captain taking the position of Paramedic Coordinator would not be the primary
paramedic on their selected crew except for extenuating circumstances (e.g. a
shortage of paramedics). Each shift will have paramedics evenly distributed
depending on the size of the paramedic pool (example: pool of 24, 8 medics per
shift). No bid staffed crews shall have three bid-assigned paramedics if any other
crew does not already have two bid -assigned paramedics. Seniority will be used
to determine which personnel are moved to and from crews with paramedic staffing
insufficiencies.
Hazardous Materials Team Members will be eve nly 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.
All corrections to completed bids will take place with the Battalion Chief and a shop
Resolution No. 10919 (2018 Series)
Exhibit A 80
76
steward to make sure that paramedics, paramedic coordinators, and hazardous
materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain
consistent with existing policies. Vacancies created by promotion or retirements
are to be filled by the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that
placing employees at stations of their preference is typically beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the following
goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied
by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of
six months. At the end of this six-month period, the effected personnel shall return
to their station of choice, unless otherwise articulated in writing citing reasons for
moves for more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated
during the months of November and December.
Resolution No. 10919 (2018 Series)
Exhibit A 81
77
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,
unresolved issues will be addressed at the next contract negotiations.
Resolution No. 10919 (2018 Series)
Exhibit A 82
78
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.
Resolution No. 10919 (2018 Series)
Exhibit A 83
79
ARTICLE 46 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Association
agree that occasions will occur when an employee’s performance and/or behavior
must be reviewed in order to ensure that the mission of the department is not
adversely impacted. The authority for disciplinary action is outlined in the City of
San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The Personnel
Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. Investigations
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers
to maintain discipline and carry out the directive of the department. Any incident or
behavior which does not conform to City and Fire Department policies/procedures
shall be disciplined in the most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline,
he/she must first determine whether an investigation is necessary. Prior to
conducting an investigation of an incident, the Fire Chief or a
Chief/Company Officer should consult with the Human Resources Director,
as appropriate. The investigation shall be conducted in a fair, objective and
impartial manner under the rules set forth in the “Weingarten Rule”.
2. When any employee is under investigation and subjected to questioning by
his or her commanding officer or any other member of the department that
could lead to punitive action, the questioning shall be conducted under the
following conditions. For the purpose of this chapter, punitive action means
Resolution No. 10919 (2018 Series)
Exhibit A 84
80
any action that may lead to dismissal, demotion, suspension, reduction in
salary, permanent written reprimand, or transfer within the Department for
purposes of punishment. Transfer within the Department for the good of the
Department or a notice to correct are excluded from the definition of
punitive.
Section B shall not apply to any questioning of an employee in the normal
course of duty, counseling, instruction, or informal verbal admonishment by,
notice to correct, or other routine or unplanned contact with, a supervisor or
any other employee, nor shall this section apply to an investigation
concerned solely and directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, prefe rably
at a time when the employee is on duty or during the normal waking
hours for the employee, unless the seriousness of the investigation
requires otherwise. If the questioning does occur during off -duty time
of the employee being interrogated, the employee shall be
compensated for any off -duty time in accordance with regular
department procedures.
b. An employee under investigation has the right to request the rank,
name, and command of the officer in charge of the questioning, the
questioning officer, and all other persons to be present during the
questioning. All questions directed to the employee under
questioning shall be asked by and through no more than two
investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being
investigated. The person under questioning shall be allowed to
attend to his or her own personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that
Resolution No. 10919 (2018 Series)
Exhibit A 85
81
an employee refusing to respond to questions or submit to
questionings shall be informed that failure to answer questions
directly related to the investigation or questioning may result in
termination. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or
news media without his or her express consent nor shall his or her
home address or photograph be given to the press or news media
without his or her express consent.
e. The complete questioning of an employee under investigation may
be recorded. If the City records the questioning, the employees shall
be provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording
device and record the questioning. If the employee exercises this
right, the City shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to cooperate in
an investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative
present during questioning which may reasonably lead to punitive
disciplinary action. A reasonable time to obtain the representative
shall be given to the employee. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, nor be subject to any punitive action for
refusing to disclose, any information received from the employee
under investigation.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against his or her will. No disciplinary
action or other recrimination shall be taken against an employee
refusing to submit to a lie detector rest, nor shall any comment be
Resolution No. 10919 (2018 Series)
Exhibit A 86
82
entered anywhere in the investigator’s notes or anywhere else that
the employee refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial, or proceeding, judicial or administrative, to the effect
that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer,
or any other similar device, whether mechanical or electrical, that is
used, or the results of which are used, for the purpose of rendering
a diagnostic opinion regarding the honesty or dishonesty of an
individual.
i. No employee shall have his/her assigned locker searched except 1)
in his/her presence, or 2) with his/her consent, or 3) where he/she
has been notified that a search will be conducted and has failed to
respond within a reasonable timeframe, or notwithstanding the
above, 4) when a valid search warrant has been obtained.
C. Post Investigation/Pre-Discipline Procedure
1. Upon the conclusion of an investigation, those conducting the investigation
shall forward the complete investigation to the Fire Chief who in consultation
with the Human Resource Director 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 – 1 year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
Resolution No. 10919 (2018 Series)
Exhibit A 87
83
Punitive Discipline
e) Official Reprimand – permanent;
f) Suspension/Reduction in compensation;
g) Transfer (within the Department) for purposes of punishment;
h) Demotion;
i) Termination.
Note: Deviations from progressive discipline may occur whenever the
circumstances warrant that one or more steps in the progressive disciplinary
process be skipped. For example, suspension or termination may occur as
the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel
Rules and Regulations
3. Corrective action is final.
D. Post-Discipline Appeal Rights
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to
provide that appeals of disciplinary suspensions of two days or less shall have at
the employee’s request the right of appeal to either the City Manager or to the
Personnel Board, provided the appeal to the Personnel Board is supported in
advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section
2.36.340 B. Appeals to the Personnel Board will be heard in accordance with
Personnel Rules and Regulations Section 2.36.350 – Disciplinary action –
Hearings.
Resolution No. 10919 (2018 Series)
Exhibit A 88
84
Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the City Manager or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. Personnel File
The employee must be given the opportunity to review and sign any document
adverse to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee,
during usual business hours and with 24-hour notice, with no loss of compensation
to the employee, permit that employee to inspect their personnel files that are used
to have been used to determine that employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that
any portion of the material is inappropriately or mistakenly placed in the file, the
employee may request, in writing to the Human Resource Director, that the
inaccurate or inappropriate portion be corrected or deleted. Any request made
pursuant to this subdivision shall include a statement by the employee describing
the corrections or deletions from the personnel file requested and the reasons
supporting those corrections or deletions. At the employee’s req uest, 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 suppo rt of
their respective positions. The Human Resource Director’s decision as to the
disposition of the request is final with no further administrative appeal.
Resolution No. 10919 (2018 Series)
Exhibit A 89
85
ARTICLE 47 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter within the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportuni ty 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 Serv ice
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.
Resolution No. 10919 (2018 Series)
Exhibit A 90
86
ARTICLE 48 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within thirty (30) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
Resolution No. 10919 (2018 Series)
Exhibit A 91
87
ARTICLE 49 - RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes
to this agreement, that party shall serve upon the other its written request to negotiate as
well as its initial proposals for an amended Agreement. Such notice and proposals must
be submitted to the other party by September 1, 2020. If notice is properly and timely
given, negotiations shall commence no later than October 1, 2020.
Resolution No. 10919 (2018 Series)
Exhibit A 92
88
ARTICLE 50 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (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 his/her duly authorized representative (mailing address: 990 Palm Street, San
Luis Obispo, California 93401; telephone: (805) 781 -7250).
Resolution No. 10919 (2018 Series)
Exhibit A 93
89
ARTICLE 51 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2018 and continue in full force
and effect until expiration at midnight, December 31, 2020.
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 17, 2018, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_________________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Dale Strobridge, Labor Consultant
_________________________________ ________________________________
Monica Irons, Human Resources Director Jimmy Witt, Local 3523 Representative
Resolution No. 10919 (2018 Series)
Exhibit A 94
Exhibit "A"
ARTICLE 51 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2018 and continue in full force
and effect until expiration at midnight, December 31, 2020.
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 17, 2018, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
iln-
Richard C. Efolanos, Chief Negotiator Daa Str bridge, Labor Consultant
Monica Irons, Human Resources Director Ji yPitt, Local 3523 Representative
90
APPENDIX A - CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
Resolution No. 10919 (2018 Series)
Exhibit A 95
91
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
Resolution No. 10919 (2018 Series)
Exhibit A 96
92
APPENDIX C - SALARY RANGES
Salary Range Listing - January 1, 2018 - December 31, 2020
Date: March 2018
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 111,722$ 117,598$ 123,786$ 130,312$ 137,176$ 144,404$
FIRE CAPTAIN 87,178$ 91,754$ 96,590$ 101,660$ 107,016$
FIRE ENGINEER 74,594$ 78,520$ 82,654$ 86,996$ 91,572$
FIRE FIGHTER 61,984$ 68,874$ 72,488$ 76,310$ 80,314$ 84,552$
FIRE INSPECTOR I 62,660$ 65,962$ 69,420$ 73,086$ 76,934$
FIRE INSPECTOR II 69,524$ 73,190$ 77,038$ 81,094$ 85,358$
FIRE INSPECTOR III 75,140$ 79,092$ 83,252$ 87,646$ 92,248$
FIRE VEHICLE MECHANIC 76,440$ 80,470$ 84,708$ 89,154$ 93,834$
HAZARDOUS MATERIALS COORD 89,856$ 94,588$ 99,554$ 104,806$ 110,318$
Date: July 2019
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 113,958$ 119,964$ 126,282$ 132,938$ 139,932$ 147,290$
FIRE CAPTAIN 88,920$ 93,600$ 98,514$ 103,688$ 109,148$
FIRE ENGINEER 76,050$ 80,054$ 84,266$ 88,712$ 93,392$
FIRE FIGHTER 63,206$ 70,226$ 73,918$ 77,818$ 81,926$ 86,242$
FIRE INSPECTOR I 63,934$ 67,288$ 70,824$ 74,542$ 78,468$
FIRE INSPECTOR II 70,928$ 74,672$ 78,598$ 82,732$ 87,074$
FIRE INSPECTOR III 76,648$ 80,678$ 84,916$ 89,388$ 94,094$
FIRE VEHICLE MECHANIC 77,948$ 82,056$ 86,372$ 90,922$ 95,706$
HAZARDOUS MATERIALS COORD 91,650$ 96,486$ 101,556$ 106,912$ 112,528$
Date: July 2020
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 116,246$ 122,356$ 128,804$ 135,590$ 142,714$ 150,228$
FIRE CAPTAIN 90,688$ 95,472$ 100,490$ 105,768$ 111,332$
FIRE ENGINEER 77,610$ 81,692$ 85,982$ 90,506$ 95,264$
FIRE FIGHTER 64,480$ 71,630$ 75,400$ 79,378$ 83,564$ 87,958$
FIRE INSPECTOR I 65,182$ 68,614$ 72,228$ 76,024$ 80,028$
FIRE INSPECTOR II 72,358$ 76,154$ 80,158$ 84,370$ 88,816$
FIRE INSPECTOR III 78,156$ 82,264$ 86,606$ 91,156$ 95,966$
FIRE VEHICLE MECHANIC 79,534$ 83,720$ 88,114$ 92,742$ 97,630$
HAZARDOUS MATERIALS COORD 93,496$ 98,410$ 103,584$ 109,044$ 114,790$
Summary of Changes: 1% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
Resolution No. 10919 (2018 Series)
Exhibit A 97