HomeMy WebLinkAbout13-Human Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date:
FEBRUARY 21, 2006
Subject: RESOLUTION IMPLEMENTING
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE
FIRE SAFETY EMPLOYEES' BARGAIN-
ING UNIT REPRESENTED BY SAN
BERNARDINO CITY PROFESIONAL
FIREFIGHTERS, LOCAL 891
M/CC Meeting Date: MAR 6, 2006
From:
LINN LIVINGSTON
Dept:
HUMAN RESOURCES
Synopsis of Previous Council Action:
. On March 16, 2004, the Mayor and Common Council adopted Resolution No. 2004-82, a Side Letter
to Resolution No. 2004-82, a Side Letter to Resolution No. 1999-154.
. On May 7,2001, the Mayor and Common Council adopted Resolution No. 2001-93, a Side Letter to
Resolution No. 1999-154.
. On December 18, 2000, the Mayor and Common Council adopted Resolution No. 2000-351, a Side
Letter to Resolution No. 1999-154.
. On June 24,1999, the Mayor and Common Council adopted Resolution No. 199-154, a Resolution of
the City of San Bernardino implementing a Memorandum of Understanding between the City of San
Bernardino and Employees in the Fire Safety Employees' bargaining unit of the City of San
Bernardino represented by San Bernardino Professional Firefighters, Local 891.
-
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Finance Director to amend the FY 2005-06 Budget to transfer $25,100
from the General Government Budget (001-092-5011) to the Fire Department
Budget.
. ~..
l/jU/IL/ ~
Signa ure ~ '
Contact person:
Linn Livinaston
Phone:
384-5161
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$25,100
Source: (Acct. No.)
001-202-XXXX
(Acct. Description)
Salarv/Benefits
Finance:
Council Notes: p-tJIJC ~ {; b
Agenda Item No.-13
3/ tp/O{,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution implementing a Memorandum of Understanding between the City of San Bernardino
and employees in the Fire Safety Employees represented by San Bernardino City Professional
Firefighters, Local 891.
Backl!round:
The contract with the Fire Safety employees expired on December 31, 2003. The City Team and
the San Bernardino City Professional Firefighters, Local 891, held 15 negotiations sessions. On
November 15,2005, both sides reached tentative agreement on a successor Memorandum of
Understanding (MOU).
Attached is the Fire Safety Employee's MOU. The Mayor and Common Council approved the
following items.
Economic Items
Holidays - Increased holiday shifts from 5-1/2 to 6 shifts, effective January 1, 2006.
Retirement Plan - The City shall contract with PERS to modify the current 3% @ 55 plan to the
3% @ 50 plan, effective December 31, 2008.
Non-Economic Items
Term - The term of the MOU is from January 1,2004 to June 30, 2009.
Welfare Trust Benefit - The City agrees to a reopener to discuss this benefit if approved by the
City Attorney's Office and the IRS.
The new MOU also contains several language changes on other non-economic items in reference
to Grievance Procedure, Military Leave, and Probationary Period.
Financial Impact:
The cost for FY 2005-06 will be $25,100 for the additional Holiday hours. The modification to
the current retirement plan, 3 @ 55, to the recommended 3 @ 50 is estimated to cost $1,120,000.
This cost is based on the current valuation from PERS and the current Fire Safety reportable
PERS earnings. The advanced implementation date will require a new valuation be completed in
addition to a contract amendment with PERS to update the retirement plan. Many factors will
contribute to the future rates in the updated valuation, which we anticipate resulting in increased
cost to the City.
Recommendation:
1. Adopt Resolution.
2. Authorize the Finance Director to amend the FY 2005-06 Budget to transfer $25,100 from
the General Government Budget (001-092-5011) to the Fire Department Budget.
HRJAgenda Items:SR.Fire.MOU.03-09
(!)
z
~
0:::
:::>1-
()(/)
wO
o:::()
a>
1-0
(/)'
o~
()~
>-
u..
co
1-0
(/)~
00
()O
N
>-
u..
I-b
(/)'
08
()~
>-
u..
<D
o
1-,],
(/)0
00
()N
>-
u..
tJI
ro
tJI
o
a.
o
....
a.
~
u:
(;j
en
o
a.
o
....
0-
>-
..-
o
o
o
N
c:i
LO
1ii
o
()
o
Z
1ii
o
()
o
Z
~
o
o
N
c:i
LO
1ii
o
()
o
Z
1ii
o
()
o
Z
~
o
o
N
c:i
LO
1ii
o
()
o
Z
~
o
o
N
c:i
LO
1ii
o
()
o
Z
~
o
o
or-
LO
N
1ii
o
()
o
Z
~
tJI
.c(/) Q}
0::: ..-:;
~"C~ co
or- C ro
<o(;jm~Q)>
e ~ ~~..-:; C
or-"OC> 0
- -U,.-t3
U)~NOu..~Q}
~ Q) -C- ::: Q.)
.jg .~ ~ <( ro E E
:=t5:E~Bm~c
~ ~ tJI i:3 .iij o,.!!.! .Q
_Q}<DQ}~<("-:;ro
N<D"'C~-O(j) cT;O'>
CoQ}_....::3000
0_ tJlo co.. '- en (/)0
:;::N~Q} I-ctJIC')
l5 ;:: ~ E ~ Cl.Q <( <0
(/) ,], c. Q} () .~ ro u.. _0
_ ~ 0 >-+=lL.
tJlE~ClCCO-","
C 0 .J::. <( .- ro Cl ro 0_
0.... "Oa.Q}C
.- ..... N en '- E 0 or-
.~ (/) ('l') :.c co c:: "(j) Q
>_~_c::oc(/)
e~Ui-(v~Q)Q)o
a. {ji ~ 0 III ro 8"'0
Q} >-.l!l E C"O Q} a..... -u..
> co ...... '- co c "-
ro"'O~$(/)rooQ.)~
Q.):'=~ c-..c.c
...JOII Q}Q}rotJI-o
1~C/J:5:5a::~oo
> f/)~ mID_ 0, en 0
Q} ro .J::. .~ i5 i;:: ro Q}
o~(/)~a.~>-a.E
:e uLO"O a.Q):t:: ~ Q)
<(Ct.ri-rolll()~1-
<<i <u
tJI.o
8.E
o ::3
Q:Z
or-
N
o
o
o
c:i
N
......
......
o
o
N
c:i
I'--
......
......
~
o
o
o
c:i
<D
LO
~
1ii
o
()
o
Z
1ii
o
()
o
Z
1ii
o
()
15
z
C
ro
a.
COc
J!!LOO
a.@"O
-C')Q}
:ij 0 la
E-.o
~:gQ)
:;::@)~iD
Q}C')Q}O
0::: ....0
(OcgN
C ~ .~~
O:::J-"-
u~.a
~~= 16
(/)'0;:..:.:-
- 0 ~ Q}
cE-ro
.Q l!l "0
-roBot:
~U) g
Q)o:::a:iro
c.we c
Ea.......Q)
,q, ..-:; t2 E
...., .- N Q)
, ~...... Ci
_-Q)E
16 .~ .-
.oCl)_ -= 13 ~
C Q} ::3
to:::::;
<(()w_
C')
"'"
~
o
o
N.
o
......
<D
~
o
o
N
c:i
LO
~
o
o
N
c:i
LO
~
o
o
......
Iti
N
~
1ii
o
u
m
~
a>
N
oi
C')
~
.l!l
i;::
Q}
C
Q)
.0
~8
LOa>
~~
~~
~ro
Q}ro
ro(/)
.... >-
>-1:
1:: -
::3 C
o 0
:1::2
Q) Q)
Cl Cl
(\] (\]
.... ....
Q} Q}
> >
<(<(
1
\."""...- 2
3
4
5
6
7
8
9
"--
Resolution No. CC ~ f 11
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTlN
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF S
BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY UNIT REPRESENTED B
THE SAN BERNARDINO CITY PROFESSIONAL FIREFIGHTERS.
WHEREAS the designated representatives of the Mayor and Common Counci
met and conferred in good faith with representatives of San Bernardino City Professiona
Firefighters, Local 891, representing the Fire Safety Unit of the City of San Bernardino, i
accordance with the provisions of Government Code Sections 3500-3510, to agree upon a ne
10
Memorandum of Understanding (MOU);
11
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a cop
12
of which is attached hereto and incorporated herein) effective January 1,2004 through June 30
13
2009.
14
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 0
15
THE CITY OF SAN BERNARDINO, AS FOLLOWS:
16
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages
17
hours and other terms and conditions of employment for employees in the Fire Safet
18
employees' bargaining unit of the City of San Bernardino.
19
III
20
III
21
22 III
23 III
24 III
25 III
>.,-"'- MJ. /3
-1- 3/iP/{)fo
--
"-.
...............
1
RESOLUTION OF THE CITY OF SAN BERNARDIN
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CIT
OF SAN BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY UNI
REPRESENTED BY THE SAN BERNARDINO CITY PROFESSIONAl
FIREFIGHTERS.
2
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Commo
5
Council of the City of San Bernardino at a
meeting thereof, held on th
6
day of
, 2006, by the following vote, to wit:
7
8
9
COUNCILMEMBERS:
ESTRADA
BAXTER
MC GINNIS
AYES
NA YES
ABSTAIN ABSENT
10
11
DERRY
12
KELLEY
13
JOHNSON
14
MC CAMMACK
15
16
Rachel G. Clark, City Clerk
17
18
19
PATRICKJ. MORRIS,
Mayor, City of San Bernardino
20
21
Approved as to form and
Legal content:
22
JAMES F. PENMAN,
City Attorney
23
24
By: ~~Al" f~
()
25
-2 -
............-
ellD11i:
1r!IB.
~aJmllftGJ'.
rJ " \ n'
1 . 7.' I:' , I ',.!" ". 'I I
~ ' ;;' f ~ I :).' i . !, ' '! ~
~.l..... I . J It.Lfl " t - " ;....1
IF
"I .....' ~, - ~ ':'i \.l f.J
J I oJ II . I '" ..;, ' ; l t \ . \ l !, l, ~,! kt
I I' ~ .' r' ~ Ir'"' ' ! I l' lip ~ '[I
. ~~, ~ ) ';:..)!,
JANUARY 1, 2004 TO
JUNE 30, 2009
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
......-,
- TABLE OF CONTENTS
ARTICLE/SECTION TITLE PAGE
Resolution No. Implementing a Memorandum of Understanding
ARTICLE I ADMINISTRATION 3
Section 1 Definition of Terms 3
Section 2 Recognition 4
Section 3 Management Rights 4
Section 4 Agency Personnel Rules 5
Section 5 Employees' Rights 5
ARTICLE II EMPLOYER-EMPLOYEE RELATIONS 6
Section 1 Payroll Deductions 6
Section 2 Grievance Procedure 6
Section 3 Employee Representatives 9
Section 4 Investigation Rights 10
Section 5 Non-Discrimination 11
Section 6 Personnel Files 11
Section 7 Political Activity 12
Section 8 Polygraph Activity 12
'-- Section 9 Drug and Alcohol Testing 12
Section 10 Financial Disclosure 18
Section 11 Locker Search 18
Section 12 Use of City Resources 18
Section 13 Safety Committee 19
Section 14 Labor Management Committee 19
Section 15 Constant Staffing 19
Section 16 Union Security 20
Section 17 Workers' Compensation Injury 20
ARTICLE III COMPENSATION 20
Section 1 Salaries 20
Section 2 Special Assignment Pay 22
Section 3 Administrative Captain Assignment 22
Section 4 Educational Incentive Pay 23
Section 5 Bilingual Pay 23
Section 6 Overtime 23
Section 7 Retirement Plan 24
Section 8 On-CaIIlCall-BacklStandby 25
Section 9 'Court Fines 25
ARTICLE IV FRINGE BENEFITS 26
Section 1 Health/Related Insurance 26
'-
Fire Safety MOU
ARTICLE/SECTION TITLE PAGE
- Section 2
Work Uniforms 27
Section 3 Tuition Reimbursement 28
Section 4 Deferred Compensation 28
Section 5 Safety Equipment 28
Section 6 Replacing/Repairing Personal Property 29
Section 7 Vacation and Holiday Sell-Back 29
Section 8 Welfare Benefit Trust 29
ARTICLE V LEAVE PROVISIONS 29
Section 1 Vacation 30
Section 2 Holidays 31
Section 3 Sick Leave 31
Section 4 Union Leave 32
Section 5 Trading Time 33
Section 6 Military Leave 33
ARTICLE VI WORKING CONDITIONS 34
Section 1 Workweek 34
Section 2 Probationary Period 34
Section 3 Seniority 34
Section 4 Reemployment 34
.<"~"- Section 5 Physical Examinations 35
Section 6 Paramedic Assignment 35
Section 7 Related Work Standards 35
ARTICLE VII GENERAL PROVISIONS 35
Section 1 Severability 35
Section 2 Term 36
Section 3 Notice of Intent to Reopen 36
Section 4 Prevailing Benefits 36
Section 5 Maintenance of Benefits 36
Signature Page 37
Index 38
"'--,
Fire Safety MOU
2
-
Administration:
Appointino
Authoritv:
Citv:
Classification:
Department:
Division:
,,-.
Emplovee Public
Safety Officer:
Emplovee
Oroanization:
Employer:
Mandatory and
Permissive:
Member:
MOU:
Shift:
Sinoular and Plural:
....,.
ARTICLE I . ADMINISTRATION
Section 1 . Definition of Terms
Shall include any elected or appointed official of the City and any
employee of the City whose job classification is Management or
Confidential employee.
Fire Chief, Deputy Fire Chief or Assistant Chief of the City of San
Bernardino Fire Department.
The City of San Bernardino.
Firefighter, Paramedic/Firefighters, Engineer, Fire Investigator,
Captain. Additional titles may be established by the Mayor and
Common Council, but titles for local safety members of the Fire
Department shall be placed in the classification having the most
nearly equal duties and responsibilities.
San Bernardino City Fire Department.
Division shall refer to anyone of the major Divisions of the
Department.
The term "employee" shall include all Safety personnel within the Fire
Department bargaining unit.
San Bernardino City Professional Firefighters, Local 891
Shall include the City of San Bemardino, the Fire Department or any
Management or Administrative representative or Elected Official
thereof.
A "shall" is mandatory, a "may" is permissive.
Shall include Fire Safety Personnel as defined by Section No. 20433
of the Govemment Code in the classifications listed herein.
Memorandum of Understanding.
Means a 24-hour duty for the Fire Department, except for the
positions of Fire Chief, Deputy Fire Chief or Assistant Chief, local
safety members working in the Fire Prevention Bureau and such
members as may hereafter be granted a 40-hour average workweek.
For pay purposes only, one 24-hour shift is equivalent to 24 hours.
The singular also includes the plural.
Fire Safety MOU
3
--
Substance Abuse
Professional
A person who evaluates employees who have tested positive
for drug and/or alcohol per Article II, Section 9, and
makes recommendations concerning education,
treatment, follow-up, and aftercare.
Section 2 . RecoQnition
The City hereby acknowledges that Local 891 of the International Association of
Firefighters, AFL-CIO, has been and is recognized by the City as the exclusive
representative of a representation unit consisting of all employees in the ranks of
Firefighter, Paramedic/Firefighter, Engineer, Fire Investigator and Captain in the San
Bemardino Fire Department for purposes of meeting and conferring on wages, hours and
other terms and conditions of employment and for all other matters related to employer-
employee relations for these employees, and that the City shall not assign work within the
scope of the duties of these employees to City employees outside of this representation
unit, regardless what organization/union is the bargaining agent for this representation unit,
at any given point in time in the future, or to other public agencies, or to private contractors,
during the term of this agreement.
.........
Notwithstanding the above, nothing herein shall be construed so as to prohibit the
City from fulfilling its mutual aid commitments to other public agencies, nor to prohibit the
City from assigning its firefighters and/or paramedics to assist other cities, counties, public
agencies or any other entity that might request assistance from the City, or from entering
into contracts with cities, counties, and other public agencies, to provide fire and/or
paramedic services for those other agencies/entities, provided that the City has met and
conferred with Local 891 upon its request, or the organization/union that is the bargaining
agent for this representation unit at the time such meet and confer may occur, over the
impact of any such contract on the wages, hours and other terms and conditions of
employment of employees represented by Local 891 , or the organization/union that is the
bargaining agent for this representation unit at the time such meet and confer may occur.
Section 3 . ManaQement RiQhts
~-
This MOU shall not be deemed to limit or curtail the City in any way in the exercise
of the rights, powers and authority, which the City had prior to adopting this MOU, except
to the extent that the provisions of the MOU specifically curtail or limit such rights, powers
and authority. Except to the extent that the City is required by state law to meet and confer
with the Union over these matters before exercising such rights and authority, the City
retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions,
State and Federal Law, and expressly and exclusively retains its management rights, which
include but are not limited to: the exclusive right to determine the mission of its constituent
Fire Safety MOU
4
departments, commissions and boards; set standards of selection for employment and
'- promotions; direct its employees; establish and enforce dress and grooming standards;
determine the methods and means to relieve its employees from duty because of lack of
work or other lawful reasons subject to applicable Civil Service Rules and Procedures;
maintain the efficiency of governmental operations; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology to be used; determine and/or change the
facilities, methods, technology, means, organizational structure and size and composition
of work force and allocate and assign work by which the City operations are to be
conducted, provided however, that no such measures as threaten the safety of employee~
shall be adopted; determine and change the number of work locations, relocations and
types of operations, processes and materials to be used in carrying out all City functions
including, but not limited to, the right to contract for or subcontract any work or operations
of the City; assign work to and schedule employees in accordance with requirements as
determined by the City and establish and change work schedules and assignments upon
reasonable notice; establish and modify productivity and performance programs and
standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits,
except such as are mandated by City Charter, or otherwise discipline employees in
accordance with the applicable law; establish employee performance standards, including
but not limited to, quality and quantity standards; and, carry out its mission in emergencies
and exercise complete control and discretion over its organization and the technology of
performing its work.
'--
Section 4 . AQencv Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten
form, certain personnel rules, policies, practices and benefits, including but not limited to,
Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications
between the City and its Employees for the Purpose of Promoting Improved Employer-
Employee Relations, as amended, and Resolution No. 10585, adopting Rules and
Regulations relating to employer-employee relations, as amended. Those documents,
rules, policies, practices and benefits will continue in effect without change during the term
of this agreement, except for those provisions modified by the Common Council in
accordance with state laws and the San Bernardino Charter. The City shall provide the
Union with reasonable written notice of said proposed changes and the opportunity to meet
and confer over said proposed changes before implementation thereof. In cases of
emergency, the Union and City will meet as soon as possible after the change.
Section 5 . Emplovees' Riahts
Employees shall have all the rights, which may be exercised in accordance with state
law, the Charter and applicable ordinances, resolutions, rules and regulations including the
right to:
-'
Fire Safety MOU
5
"'-' A. 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.
B. Refuse to join or participate in the activities of employee organizations and
the right to represent themselves individually in their employment relations with the City.
C. Be free from interference, intimidation, restraint, coercion, discrimination or
reprisal by other employees, employee organizations, management or supervisor, as a
result of their exercise of rights indicated in (A) and (B) above.
ARTICLE II . EMPLOYER-EMPLOYEE RELATIONS
Section 1 - Pavroll Deductions
It is agreed that Union membership dues, agency fees, insurance and premiums for
plans sponsored by the Union shall be deducted by the City from the pay warrant of each
employee covered hereby who files with the City a written authorization requesting that
such deduction be made. Remittance of the aggregate amount of all membership dues and
insurance premiums deducted from the pay warrants of employees covered hereby shall
be made to the Union within 30 days after the conclusion of the month in which said
membership dues and insurance premiums were deducted.
The City shall not be liable to the Union, employees or any other persons by reason
of the requirements of this Article for the remittance of any sum other than that constituting
actual deductions made from employee wages earned. The Union shall hold the City
harmless for any and all claims, demands, suits, orders, judgments or other forms of
liability that may arise out of or by reason of action taken by the City under this Article.
Section 2 . Grievance Procedure
Purpose: The City of San Bernardino and the Union realize the importance of a
viable Grievance Procedure to aid in the resolution of disputes among employees,
supervisors and management. It is recognized that to maintain high employee morale and
harmonious relations, an orderly method of processing a grievance is necessary.
This procedure is intended to establish a systematic means to process a grievance
and to obtain fair and proper answers and decisions regarding employee complaints. The
representatives of employees and management at all levels will make continuing efforts
to secure prompt disposition of grievances. Every effort should be made to resolve
grievances in the informal process. This article supersedes the grievance procedure in
Resolution 10585.
"'~'--
Fire Safety MOU
6
"'-
The initiation of a grievance in good faith by employees shall not cast any adverse
reflection on their standing with their supervisors or their loyalty as City employees, nor be
a reflection on the employees' supervisors or the department involved, unless it is
determined that such department or supervisors have grossly abused management
discretion or the employees have grossly abused the grievance process. Retaliation
against any employee for filing a grievance in good faith is strictly prohibited.
Definition of a Grievance: A grievance is an alleged violation of this MOU or any
other written City law, rule or policy or an appeal of a disciplinary action, which adversely
affects the employee's employment status or deprives the employee of payor benefits to
which the employee would otherwise be entitled, provided however, that allegations of
discrimination or harassment in violation of the City's equal employment opportunity
policies must be submitted to the City's Equal Employment Officer for resolution rather
than as a grievance under this grievance procedure, and provided further that an employee
who appeals a disciplinary action to the Civil Service Board may not also appeal that
disciplinary action under this grievance procedure.
Grievances may be filed either by an affected employee through the Union, or by
the Union through its President, and/or such other officers which the Union designates as
officers with that authority. Pr-oviEleEl Rewever, ti:lat an affesteEl empleyee may file a
gAe'lance alleging a '/ielatien of tRis MOU or any etRer wAtten City law, rule er lleli8Y, and
may aEl'/anee any slolch gFie'/ance to tRe next stell in this grievan8e procedlolre, enly '....ith
'..- ti:le 8ensent af the URian ti:lrololllh its Pr-esident and/or SIoI81=1 officers wham tl=1e Union
designates as officers with that autRerity. Fire Administration will notify the President
of any arievance filed by an emDloyee without Union reDresentation.
Grievances over alleged violations of this MOU or other written City rules or policies
shall specify the section of this MOU or such other written City rule or policy that is alleged
to have been violated, the conduct which constituted the alleged violation and the remedy
requested for the alleged violation.
ReDresentation: The aggrieved employee shall have the right to be represented by
the Union or by legal counsel. This representation may commence at any step in the
grievance procedure. No person hearing a grievance need recognize more than one (1)
representative for any employee at anyone (1) time, unless the person hearing the
grievance so desires. If the employee's legal counsel is not the Union's legal counsel, a
representative of the Union will attend the grievance hearing to insure that the solution
reached does not violate the terms of this MOU.
Time Limitations: Time limits are established to settle a grievance quickly. Time
limits may be modified by agreement of the parties. If at any stage of this grievance
procedure the grievant or the Union is dissatisfied with the decision rendered, it shall be
the grievant's or the Union's responsibility to initiate the action which submits the grievance
to the next level of review. The grievant or the Union may proceed to the next step if a
"-"
Fire Safety MOU
7
---
reviewing official does not respond within the time limits specified. A formal grievance may
be entertained in or advanced to any step if the parties jointly so agree, and, in those
instances in which an employee's immediate supervisor would not have the authority to
resolve the grievance, a formal grievance may be initiated at the first step in the grievance
procedure in which the City's representative would have that authority. Unless otherwise
agreed jointly by both parties, the time limit for each step shall be 15 calendar days.
Steps in the Grievance Procedure: The procedures outlined herein constitute the
informal and formal steps necessary to resolve an employee's grievance. An attempt to
settle a grievance in the informal structure at the employee-supervisor level is required,
except that grievances involving appeals of disciplinary actions shall be initiated at Step
3 of this grievance procedure. The grievance must be submitted to the first applicable step
of this grievance procedure within the required time limitation of the grievant's or Union's
knowledge of the incident's occurrence. The date and the subject of the incident should be
provided with the request for the informal meeting.
A. Informal: Initially, the grieving employee and/or the Union shall on a personal
face-to-face basis discuss his/her complaint with his/her immediate supervisor informally.
Within the required time limitation of the presentation of the grievance, the supervisor shall
provide an oral response to the employee and/or the Union.
B. Formal:
'--- Step 1. Written Grievance to Supervisor: If a mutually acceptable solution
has not been reached in the informal process, the employee and/or the Union shall submit
the grievance in writing to his/her immediate supervisor. This must be accomplished within
the required time limitation of being informed of the supervisor's informal decision. Within
the required time limitation of receiving the written notification of the employee's andlor the
Union's grievance, the supervisor may meet with the employee and/or the Union and
thoroughly discuss the grievance. The employee may appear personally and may be
represented by a representative of his/her choice. In any event, the supervisor shall give
a written decision to the employee and/or the Union within the required time limitation after
receipt of the written grievance.
Step 2. Meet with Division Head/Battalion Chief: If the grievance has not
been satisfactorily resolved at the supervisor level, it may be appealed within the required
time limitation to the Division Head, who may follow the steps outlined in Step 1 above. In
any event, the Division Head/Battalion Chief shall give a written decision to the employee
and/or the Union within the required time limitation after receipt of the grievance. If the
grievance has not been satisfactorily resolved at this level, it may be appealed within the
required time limitation to the Chief.
Step 3. Meet with Fire Chief or Desionee: Upon receipt of the grievance, the
Fire Chief or designee may follow the steps outlined in Step 2 above. In any event, the Fire
Chief shall give a written decision to the employee and/or the Union within the required
'-
Fire Safety MOU
8
time limitation after receipt of the grievance. If the grievance has not been satisfactorily
____ resolved at this level, it may be appealed within the required time limitation to the Director
of Human Resources.
Step 4. Review bv the Director of Human Resources: Within the required time
limitation after receiving the appeal, the Director of Human Resources, or his/her designee,
shall meet with the employee and/or the designated Union representative. The Director of
Human Resources or designee shall deliver his/her decision, in writing, to the employee
and/or the Union within the required time limitation after the meeting.
Step 5. City l\dministF3tor:City Manaaer:
1. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the City /\dministrnter City Manaaer or his/her designated
representative within the required time limitation from the date of delivery of said answer.
2. The City .'\amiAistrater City Manaaer or his/her designated
representative shall deliver hislher decision in writing within the required time limitation
after receipt of the appeal.
3. The decision of the City .'\dministrator City Manaaer or his/her
designated representative is final and binding on all parties, unless reversed by a court
decision.
"-- All appeals of disciplinary actions through this grievance procedure shall be treated
as confidential and no publicity will be given the final resolution of the grievance.
Section 3 - Emplovee Representatives
When requested by a member of the unit, a job representative may investigate any
alleged grievance in the Department and assist in its presentation. The representatives
shall be allowed reasonable time therefor during working hours without loss of time or pay,
upon notification and approval of their immediate supervisor, with the concurrence of the
appropriate Division/Battalion Chief or the Deputy Fire Chief. The privilege of a Job
Representative to leave their work during work hours without loss of time or pay is subject
to the understanding that the time will be devoted to the proper handling of grievances and
will not be abused. Such time shall be excluded in any computation of overtime. Job
Representatives will perform their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as provided herein. A Job
Representative will not be granted time-off, or compensation, for the purpose of handling
grievances outside this unit. The Union shall notify the City of names of each Job
Representative each January. Anyone not on the list will not be recognized. A ratio of one
(1) Job Representative for every 60 permanent employees in the unit, but not less than
four (4) shall be recognized by the City.
'--
Fire Safety MOU
9
Section 4 - Investiaation Riahts
-
When any member is under investigation and subjected to interrogation by the Fire
Chief or any other member of the Fire Department, which could lead to punitive action,
such interrogation shall be conducted under the following conditions. For the purpose of
this Article, punitive action is defined as dismissal, demotion, suspension, reduction in
salary, written reprimand or transfer for purposes of punishment.
A. The interrogation shall be conducted at a reasonable hour, preferably at the
time when the member is on duty, or during the normal waking hours for the member. If
such interrogation does occur during off-duty time of the member being interrogated, the
member shall be compensated for such off-duty time in accordance with regular
department procedures, and the member shall not be released from employment for any
work missed unless the seriousness of the investigation requires otherwise.
B. The member under investigation shall be informed prior to such interrogation
of the rank, name and command of the official in charge of the interrogation, the
interrogating official and all other persons to be present during the interrogation. All
questions directed to the member under interrogation shall be asked by and through no
more than two interrogators at one time.
C. The member under investigation shall be informed of the nature of the
investigation prior to the interrogation.
....--.~-
D. The interrogating session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated. The person under
interrogation shall be allowed to attend to his own personal physical necessities.
E. The member under interrogation shall not be subjected to offensive language
or threatened with punitive action, except that a member refusing to respond to questions
or submit to interrogations shall be informed that failure to answer questions directly related
to the investigation or interrogation may result in punitive action. No promise of reward shall
be made as an inducement to answer any question. The employer shall not cause the
member under interrogation to be subjected to visits by the press or news media without
his express consent nor shall his home address or photograph be given to the press or
news media without his express consent.
F. The complete interrogation of a member may be recorded. If a tape recording
is made of the interrogation, the member shall have access to the tape if any further
proceedings are contemplated or prior to any further interrogation at a subsequent time.
The member shall be entitled to a transcribed copy of any notes made by a stenographer
or to any reports or complaints made by investigators or persons, except those which are
deemed by the investigating agency to be confidential. No notes or reports, which are
deemed to be confidential may be entered in the member's personnel file. The member
being interrogated shall have the right to bring his own recording device and record any
-
Fire Safety MOU
10
and all aspects of the interrogation.
-
G. If prior to or during the interrogation of a member it is deemed that he may
be charged with a criminal offense, he shall be immediately informed of his constitutional
rights.
H. Upon the filing of a formal written statement of charges. or whenever a
interrogation focuses on matters which are likely to result in punitive action against any
member, that member, at his/her request, shall have the right to be represented by a
representative of his choice who may be present at all times during such interrogation. The
representative shall not be a person subject to the same investigation.
This article shall not apply to any interrogation of member in the normal course of
duty, counseling, instruction, or informal verbal admonishment by, or other routine or
unplanned contact with a supervisor or any other member, nor shall this section apply to
an investigation concerned solely and directly with alleged criminal activities.
Lawful Exercise of Riqhts: Insubordination: Administrative Appeal:
1. No member shall be subjected to punitive action, or denied promotion,
or be threatened with any such treatment, because of the lawful exercise of the rights
granted under this Article, or the exercise of any rights under any existing administrative
grievance procedure.
'--
Nothing in this Article shall preclude a head of any agency from
ordering a member to cooperate with other agencies involved in criminal investigations.
If a member fails to comply with such an order, the agency may officially charge him with
insubordination.
2. No punitive action, nor denial of promotion on grounds other than
merit, shall be undertaken by any public agency without providing the member with an
opportunity for administrative appeal.
Section 5 . Non-Discrimination
The provisions of this Memorandum of Understanding (MOU) shall be applied
equally by the City and the Union to all employees covered hereby without favor or
discrimination because of race, sex, age, national origin, or political or religious opinions
or affiliations.
Section 6 - Personnel Files
No member shall have any comment adverse to his interest entered in his personnel
--
Fire Safety MOU
11
'-
file, or any other file used for any personnel purposes by his employer, without the member
having first read and signed the instrument containing the adverse comment indicating he
is aware of such comment, except that such entry may be made if after reading such
instrument the member refuses to sign it. Should a member refuse to sign, that fact should
be noted on the document and signed or initialed by a witness who is a union
representative, if the union representative is present.
A member shall have 30 days within which to file a written response to any adverse
comment entered in his personnel file. Such written response shall be attached to and shall
accompany the adverse comment.
Section 7 - Political Activity
Except as otherwise provided by law, no member shall be prohibited from engaging,
or be coerced or required to engage in political activity. No member shall be allowed to
engage in political activity when in uniform or on duty.
Section 8 - POIVQraDh Activity
No member shall be compelled to submit to a polygraph examination against his/her
will. No disciplinary action or other recrimination shall be taken against a member refusing
.,,-. to submit to a polygraph examination, nor shall any comment be entered anywhere in the
investigator's notes or anywhere else that the member refused to take a polygraph
examination, nor shall any testimony or evidence be admissible at a subsequent hearing,
trial or proceeding, judicial or administrative, to the effect that the member refused to take
a polygraph examination.
Section 9 . DruQ and Alcohol TestinQ
PURPOSES: (1) To provide testing policies and guidelines to ascertain if Fire Safety
employees are under the influence of or have been abusing drugs or alcohol; (2) To be in
compliance with the Drugs in the Workplace Act as the City is the recipient of federal
grants.
POLICY: Fire Safety employees are required on a daily basis to make critical
decisions; therefore, the nature of our profession demands that the San Bernardino Fire
Department maintain a drug-free workplace. This department cannot tolerate any drug-
related misconduct, which would impair judgment and the exercise of lifesaving skills,
because such behavior would create an unreasonable risk of harm or danger to our
citizens and other employees.
The San Bernardino Fire Department will neither tolerate nor condone substance
"-
Fire Safety MOU
12
abuse.
""-
1. During the term of this agreement the City of San Bernardino shall maintain an
Employee Assistance Program (EAP) as a referral service for employees who
voluntarily seek treatment for substance abuse/dependency problems. Other
treatment programs may be available through the employee's health plan. These
services are confidential to employees who contact the EAP and successfully
complete the necessary program.
2. Employees shall notify their immediate supervisor when required to use
prescription medication that potentially may impair job performance or safety.
The supervisor has the responsibility to take appropriate action once impairment
has been determined.
INDICA nONS FOR ALCOHOL AND DRUG TESTING: The Citv may reauire an
emp/ovee to submit to a drua and/or alcohol screen test under the followina
circumstances:
1. When a trained Supervisor has reasonable suspicion to believe. based
upon specific and articulable facts and observations. that the emp/ovee
may be under the influence of druas and/or alcohol.
'-
2. When a trained Supervisor has reasonable suspicion to believe. based
upon his/her specific observation and articulable facts and observations.
that the emp/ovee either possesses. uses. sells. transfers. manufactures.
purchases or iIIeaallv transports alcohol. druas. and/or drua-re/ated
paraphernalia or attempts to do so.
3. Follow-up testina for emp/ovees who have returned to work followina a
positive test and their participation in a drua and/or alcohol rehabilitation
proaram.
4. When an on-dutv emp/ovee is contacted bv a police officer who has
reasonable suspicion to believe the emp/ovee is under the influence of
alcohol or druas and/or has been involved in an on-dutv. vehicle-related
incident and the officer suspects the emp/ovee is under the influence of
druas and/or alcohol.
PROCEDURE: The department will test anyon-duty employee for illegal drug or
alcohol intoxication based on the Reasonable Suspicion Standard, which requires more
than mere speculation. Reasonable Suspicion may arise from a pattern of articulable
abnormal conduct or errant behavior, or information provided by reliable and credible
sources, or specific observable conduct which would lead a reasonable prudent person to
believe an employee is either under the influence of or has been using illegal drugs or
alcoholic beverages.
""-
Fire Safety MOU
13
'-
----
........
The department will provide special training in the recognition of signs of illegal
drug/alcohol intoxication to officers who shall be designated as officers with authority to
order employees reasonably suspected of drug or alcohol intoxication to undergo drug
testing.
Employees suspected of illegally possessing or using drugs or of being under the
influence of any drug, whether legal or illegal, are entitled to Union representation or to
representation by legal counsel during all of the proceedings set forth herein
A. Employees who have a reasonable suspicion that another employee is
illegally possessing or using drugs or is under the influence of any drug, whether legal or
illegal, have the duty to report such suspicion to their supervisors immediately.
B. If a supervisor has a reasonable suspicion that an employee is either under
the influence of or has been using illegal drugs or alcoholic beverages, or has received a
report from a subordinate employee that another employee is suspected of either being
under the influence of or has been using illegal drugs or alcoholic beverages, that
supervisor has the duty to immediately notify an officer who has been provided with special
training by the Department to recognize signs of illegal druglalcohol intoxication, and to
document his/her observations or other reasons for such suspicion in a memorandum.
C. The specifically trained officer will determine based on the supervisor's report
and his/her own observations if there are circumstances sufficient to justify drug testing to
determine the validity of the allegation. The specifically trained officer has the option to
pursue the matter criminally, therefore excluding administrative sample collection and
investigation. However, if the specifically trained officer chooses the administrative venue
and believes that the employee has violated department policy concerning illegal drug or
alcohol use, the specifically trained officer shall request the vendor responsible for the
testing to collect a specimen from consumption and shall order the employee to provide
such a specimen. The specifically trained officer shall give the employee a verbal summary
of the facts which are the basis for the test prior to giving the administrative order to submit
to a test. All orders to provide test specimens are mandatory orders and the test results
shall not be used in any criminal or civil proceedings pursuant to the restrictions of
Government Code Section 3303 (t).
D. The testing methodology will be based on a laboratory examination of a urine
specimen except for allegations of alcohol intoxication.
1. Allegations of alcohol intoxication will be verified by a measllRR!j ...:itA
a Gas Chr-ematogr-aph Intoximeter (GCI) Evidential Breath Testina (EBT) device. Two
breath samples will be taken and measured by tho GCI (EBT) to determine sobriety, the
test will be witnessed by a second supervisor. If the employee requests an alternate
verifying chemical test, the employee shall submit to a urine specimen at the time of the
Gel EBTtesting. The specimen shall be collected, stored and tested in the same manner
Fire Safety MOU
14
as cases involving legal dispute of drug screening.
---
2. Laboratory analysis of urine specimens shall be restricted to those
tests authorized by this policy to detect drug abuse. They shall not be used for other
purposes such as the analysis of physiological conditions or diseases.
3. The drug screening testing shall be done by a laboratory certified by
the National Institute of Drug Abuse (NIDA) guidelines. The sample will be tested for any
of the drugs or classes of drugs listed below:
a. Amphetamines/methamphetamines
b. Cocaine
c. Cannabinoids (marijuana, THC)
d. Opiates (heroine, morphine and codeine)
e. Phencyclidine (PCP)
E. Employees who refuse to be tested when so ordered will be subject to
disciplinary action for insubordination, which may include termination. Attempts by
employees to alter or substitute any specimen will be grounds for disciplinary action.
Failure to provide a specimen when ordered within a reasonable period of time (usually not
more than three hours) may constitute a refusal to take a drug test.
........
F. The Medical Review Officer (MRO) will obtain the specimen using the least
intrusive, most private method available. The sample shall be given a code number to
prevent revelation of the employee's name at the testing laboratory. The restroom selected
as a collection site shall be equipped with a sink to allow test subjects to wash their hands,
a toilet, and be equipped with a stall for privacy. The MRO is responsible for ensuring the
integrity of the specimen collection and maintaining the chain of custody. The only
authorized personnel at the collection site are the employee and the MRO of the same sex.
G. Employees shall have their urine specimen split and stored in case of legal
disputes if the urine specimen is of a sufficient quantity (90 ml - 3.04 fluid ounces) to be
tested. The MRO shall collect the specimen samples, seal, label and store the samples in
a secured location until delivery to the testing laboratory.
H. The specifically trained officer shall determine when the employee is fit to
resume his or her duties after specimen collection and may consider any relevant
information submitted by the employee in making this determination. If the specifically
trained officer determines that an employee is unfit to perform his/her duties. the employee
shall be transported to his or her residence and placed on paid administrative leave
pending receipt of the test results.
I. The testing methodology shall consist of a two-step procedure:
1. Initial Screenino Process: The specimen shall be screened using a
'-'
Fire Safety MOU
15
Radio Immonochemical Assay (RIA) or Enzyme Multiplied Immunoassay (EMIT) test. An
'- initial positive test will not be considered conclusive; rather, the same specimen will be
subject to a confirmation test. A tentative positive test result is determined by the following
concentration levels using NIDA confirmation cutoff guidelines.
Amphetamines/methamphetamines
Cocaine
Cannabinoids (marijuana, THC)
Opiates (heroine, morphine and codeine)
Phencyclidine (PCP)
Alcohol
1000 ng/ml
300 ng/ml
50 ng/ml
300 ng/ml
25 ng/ml
.02 GMS %
2. Confirmation Test: Any coded sample with results at or above the
cutoff values shall be submitted for a confirmation test. The identical coded specimen will
be subject to a confirmation test using the gas chromatography-mass spectrometry method
(GC/MS) for verification. Concentrations of a drug at or above the following levels shall be
considered a positive test.
Results below these cutoff values shall be considered negative. Results
above these cutoff values shall be positive evidence that an employee has used illegal
drugs. Prior to the submission of the confirmation test, the employee shall complete a
Medical Review Form documenting any prescription or over-the-counter, nonprescription
medications that the employee had taken prior to sample collection and may affect the
'-- results.
Amphetamines/methamphetamines
Cocaine
Cannabinoids (marijuana, THC)
Opiates (heroine, morphine and codeine)
Phencyclidine (PCP)
Alcohol
300 ng/ml
50 ng/ml
20 ng/ml
300 ng/ml
25 nglml
.02 GMS %
J. Employees having an initial screen negative test result shall receive a
memorandum stating that no illegal drugs were found. If the employee requests, a copy
of such memorandum can be placed in the employee's personnel file. The testing
procedure and investigation is confidential. Any employees who breach this confidentiality
shall be subject to discipline.
K. If a specimen is found to be positive by the GC/MC process, the laboratory
shall submit a written report to the Fire Chief or Fire Chiefs designee. The laboratory
results and the employee's initial prescription/nonprescription drug usage form shall be
submitted to a Medical Review officer (MRO) who shall be a licensed physician who has
a knowledge of substance abuse disorders and had the appropriate medical training to
interpret and evaluate an employee's positive test results. The MRO shall report to the Fire
Chief or the Fire chiefs designee the results of that evaluation.
--
16
Fire Safety MOU
"'"-
L. The Fire Chief or the Fire Chiefs designee shall notify the employee of the
positive drug findings. If the confirmation test is above the cutoff value and the MRO's
evaluation doesn't justify those results, the employee will be subject to the necessary
disciplinary action. The employee has the option and the right to have the second sample
independently tested by a NIDA lab and reviewed by a qualified independent MRO at the
City's expense. However, the results will be released to the Fire Chief or the Fire Chiefs
designee and utilized in the investigation.
If the test results from the independent laboratory examination are positive
and the independent MRO does not find appropriate medical justification for a positive test
finding, the employee is subject to disciplinary action according to SOP Manual 1 , Chapter
V, Subject 13.
M. Return-to-Duty Testina
Before an emDloyee returns to duty after enoaoina in Drohibited drua and/or
alcohol use. the emDloyee shall underoo an evaluation of fitness for duty by the
SAP. and under the direction of the SAP. submit to a return-to-duty test and received
a verified neaative result for drua and/or alcohol use.
'-
Before an emDloyee returns to duty after enaaaina in Drohibited druo and/or
alcohol use. the emDloyee must have a return-to-dutv test that would reouire the
emDloyee to test neoative for druos and/or alcohol.
The testino shall be conducted in accordance with Article II. Section 9.
Subsections D. 1-3: E: F: G: H: I. 1-2: J: K: and L and in accordance with State and
Federal laws.
N. Follow-UD Testina
,. Followino a determination bva SAP that an emDlovee is in need
of assistance in resolvino Droblems associated with druo and/or alcohol use the
emDloyee shall be subject to unannounced follow-UD testina as directed bv the SAP
of at least six (6) tests in the first twelve (12) months followino the emDloyee's return
to duty. and thereafter as determined necessary by the SAP. The SAP can terminate
the reouirement for the follow-UD testina in excess of the minimum at any time. if the
SAP determines that the testina is no lonoer necessary and is SUDDOrted by the City.
2. Follow-uo alcohol testino may also include testina for controlled
substance use as directed and determined bY the SAP.
3. The time oeriod for "follow-uo" testino for drua and/or alcohol
.,- use will be determined by the SAP subiect to a reasonable minimum of twelve (12)
"'"- months. and never to exceed thirty-six (36) months.
Fire Safety MOU
17
---
4. Follow-un testinQ may be on a daily. weekly. monthly or lonaer
basis at the discretion of the SAP.
Section 10 - Financial Disclosure
No member shall be required or requested for purposes of job assignment or other
personnel action to disclose any item of his property, income, assets, source of income,
debts, or personal or domestic expenditures (including those of any member of his family
or household) unless such information is obtained or required under a state law. City
policy, or proper legal procedure, tends to indicate a conflict of interest with respect to the
performance of his official duties, or is necessary for the employing agency to ascertain the
desirability of assigning the member to a specialized unit in which there is a strong
possibility that bribes or other improper inducements may be offered.
Section 11 - Locker Search
"'-'
No member shall have his/her locker, or other space for storage that may be
assigned to them, searched, except in the employee's presence, or with hislher consent,
or unless a valid search warrant has been obtained or where the member has been notified
that a search will be conducted. This section shall apply only to lockers or other spaces or
storage that are owned or leased by the employing agency.
Section 12 - Use of City Resources
The Union may be granted permission to use Department facilities for the purpose
of meeting with employees to conduct its intemal affairs provided space for such meetings
can be made available without interfering with City needs. Permission to use facilities must
be obtained by the Union from the Chief or designated representative. The Union shall be
held fully responsible for any damages and for the security of any facility that is used by
the Union.
The Union shall be authorized to use City Computers and e-mail for limited union
business as approved by the department head. All City protocols, rules and regulations
will be followed.
The Department will furnish adequate bulletin board space where currently
available. Only areas designated by the appointing authority may be use for posting
notices. Bulletin Boards may be used for the following notices:
A. Scheduled Union meetings, agenda and minutes;
B. Information on Union Elections and the results;
-
Fire Safety MOU
18
E.
F.
Information regarding Union special, recreational and related bulletins;
Reports of official business of Union including reports of committees or the
Board of Directors;
Pay scales, job announcements, promotion lists, etc.;
Such other items as may be approved by the Department management upon
request of the Union.
.........
C.
D.
Posted notices shall not be obscene or defamatory, nor shall they advocate election
or defeat of candidates for public office. All notices to be posted may be dated and signed
by an authorized representative of the Union and should have the prior written approval of
the Chief or his authorized representative.
Section 13 - Safety Committee
The City Incident Review Board meets at least monthly to review vehicular
accidentslincidents, which after initial assessment by the Risk Management Division, may
have been preventable.
,-.
The Union may select one of its members to participate as a member of the Incident
Review Board when the Board reviews an accidenUincident in which Fire personnel are
involved. The Chairman of the Review Board will inform the Union of the date and time of
Board meetings, which will review such incidents at least 48 hours in advance.
Section 14. Labor ManaQement Committee
The Union will meet with Fire Department management at least once a year on a
mutually agreeable basis to discuss matters pertinent to the welfare of the Department and
the employees. Such matters will include, but not be limited to, Standard Operating
Procedures (SOP's) and the Policy Manual (PM) of the Fire Department. This will be done
in an effort to create harmony between the Union and the City so that there is no confusion
on either side as to the content, meaning and direction of the SOP and PM. The Union will
designate four (4) representatives to serve on the Committee. Either the Union or the City
may have additional members present, when mutually agreed upon in advance of a
scheduled meeting. Normally, such meetings shall be during regular working hours.
Section 15 . Constant StaffinQ
The Fire Department will maintain its authorized daily constant staffing position
vacancies through off-duty personnel on an overtime basis.
--
Fire Safety MOU
19
--
Section 16 . Union Securitv
A. No employee shall be required to become a member of the Union as a
condition of his/her employment or continued employment by the City, and there shall be
no discrimination against any employee on account of his/her membership or non-
membership in the Union
B. It is recognized that an employee mayor may not join the Union at the
individual's discretion.
C. It is further recognized that the Union, as the exclusive bargaining
representative of all Fire Safety employees. owes the same duties to all employees,
whether Union members or not, and provides benefits and services to all employees
whether Union members or not. Therefore, all employees shall, within 30 days of the
effective date of this MOU, or within 30 days of the date of hire, whichever is later, either
be a member of the Union and pay Union dues or pay an agency fee to the Union in an
amount equal to the actual cost of representation which shall not exceed the uniform Union
dues assessed uniformly against all Union members. The Union shall notify non-members
who pay an agency fee of their rights, duties and responsibilities.
Section 17 . Workers' Compensation Iniury
"-
Members should predesignate their choice of doctor and hospital for work-related
injuries, in accordance with the California State Labor Code
ARTICLE III - COMPENSATION
Section 1 - Salaries
A. During the term of this MOU, the monthly salaries of members of the San
Bernardino Fire Department in the classifications of Firefighter, Paramedicl Firefighter,
Engineer, Fire Investigator and Captain and additional classifications for which the Union
becomes the recognized representative during the term of this agreement shall be fixed
annually on August 1 of each year at the amount equal to the arithmetic average of the
monthly salaries, paid or approved for payment to employees in like or most nearly
comparable positions of ten (10) California cities with populations of between 100,000 and
250,000 as shown in the latest Annual Report of Financial Transactions of Califomia cities
published by the State Controller.
""'-
The ten (10) cities used for fixing the monthly salaries shall be those ten (10)
cities remaining from an original and complete list of all California cities in the 100,000 to
250,000 population range based on the latest Annual Report of Financial Transactions of
California Cities, published by the State Controller after representatives of the City and the
Fire Safety MOU
20
'-'
appropriate recognized employee organization have alternately struck the names of cities
from the list one at a time until the names of ten (10) cities remain. The representatives to
strike the first name from the list shall be determined by lot.
C. In the event one or more of the ten (10) cities does not have one or more of
the comparable position classifications, the monthly salary for the particular classification
shall be computed as the arithmetic average of the next highest and next lowest
comparable position classification of that City. For example,
1. No Captain: next highest - Battalion Chief; next lowest -
Engineer.
2. No Engineer: next highest - Captain; next lowest - Paramedic.
3. No Paramedic: next highest - Captain; next lowest - Firefighter
D. The salaries paid in Step A shall be the same as the arithmetic average of
the starting salaries of the comparable positions in the ten (10) cities and the salaries paid
in Step E shall be the same as the arithmetic average of the top salaries paid in
comparable positions in the ten cities. The salaries paid in Steps B, C and D shall be fixed
at amounts, which will cause the Local Safety members in the San Bernardino Fire
Department to advance from the starting steps to the maximum pay steps in approximately
equal salary advances.
"-
E. New employees shall be hired at the A step of the established base salary
range except as otherwise provided in this MOU.
F. Any Local Safety member of the Fire Department temporarily acting in a
position in a higher rank during a period of absence of the incumbent or during a vacancy
in the position for more than ten (10) consecutive working days or five (5) consecutive
shifts, shall receive the same salary for the higher rank to which he would be entitled, were
he promoted to that rank during the period in which the employee is acting in the higher
rank, to which he would be entitled, were he promoted to that rank. The Fire Chief shall
certify as to the assignment and the period of time worked in the higher rank to validate
entitlement to the higher salary.
G. EmlJlovees in the classification of P-1 and P-3 may IJrovide
lJaramedic service if alJlJroved bv the Fire Chief to do so and they IJrovide lJavroll
with a COIJV of their certifications to all state and county reau/ations.
1. The Fire Chief will assian each P-1 and P-3 alJlJroved and certified
to "lead" lJaramedic duties on an enaine comlJanv and they will be lJaid 96 hours (4
shifts) of IJremium lJav. Premium lJav is defined as the hourlv rate difference
between a tOIJ stelJ P-1 and a tOIJ stelJ P.l. The IJremium lJav will be lJaid 50% on the
first semi-monthlv check and 50% on the second semi-monthlv check.
--...
2.
Since the assianed P-1's and P-3's will be comlJensated for 96
Fire Safety MOU
21
---
hours of Dremium Day Der month. only for extraordinary circumstances will the
individuals be excused from actually working those hours. (e.g. vacation. sick leave.
iniurv.'
3. Fulfillment of the 96 hours can be accomDlished by either
working full 24-hour shifts. Dartial shifts of 8-hour increments (uo to three. 8-hour
oartial shifts in any given 24-hour shift) or a combination of both. Hours worked will
be recorded on the emoloyee's timesheet and will be tracked by the Deoartment and
Payroll. Each emoloyee will receive a minimum of 8 hours credit when called to
oerform oaramedic duties. If an emoloyee actually works less than 8 hours. they will
still out 8 hours on their timesheet. If an emoloyee works 8 hours or more. then the
actual number of hours worked will be recorded on the timesheet.
4. If a P-1 or P-3 is assigned and works oaramedic duties in excess
of the 96 hours oer month. he/she would receive additional oremium oay for the
hours worked over the 96 hours.
H. As per past practice, the following shall be included in computing the salary
formula: EMT Pay
Section 2 . 5Decial Assianment Pay
___ 8e€linning ,lamia!)' 1, 2QOO, aAII employees assigned to the following duty shall
receive special assignment pay at the rate of $50 per month. The number of employees
eligible to receive such pay shall be determined by the City.
Eligible personnel:
1. Shift Arson Investigators
2. Certified Hazardous Material Specialists
3. Certified Breathing Apparatus Technicians
4. FLSA Statistician
The number of employees assigned to the positions at the time of the signing of the
new MOU is: (6) Shift Arson Investigators; (9) Certified Hazardous Material Specialists; (3)
Certified Breathing Apparatus Technicians; (1) FLSA Statistician.
New Section 3 - Administrative Caotain Assignment
Any emoloyees in the iob classification of Fire Caotain shall be entitled to
comoensation in the amount of eight oercent (8%) oyer the assigned rate for his
or her classification when oermanently assigned by the Fire Chief to a forty-hour
administrative assignment work week.
--
Fire Safety MOU
22
'-'
Section 3 4 . Educational Incentive Pay
Beginning January 1, 2000, aAII members shall be entitled to receive in addition to
their regular salary and as may be appropriate, one of the levels of incentive pay as set
forth below;
A. Fifty ($50) dollars additional compensation per month shall be paid each
member who has a Firefighter II Certificate issued by the State of California; or,
B. One hundred fifty ($150) dollars additional compensation per month shall be
paid each member who has a Fire Officer Certificate issued by the State of Califomia; or,
C. Two hundred fifty ($250) dollars additional compensation per month shall be
paid any member who has a Chief Officer Certificate issued by the State of California.
Section-4- 5. BilinQual Pay
BeginRiAg Jl,lly 1, 1999, eEach full-time employee who meets the City's bilingual
certification and eligibility requirements shall be compensated at the rate of $50/month.
The City shall reserve the right to determine languages for which testing will be conducted.
---
Section a 6- Overtime
Overtime worked in excess of an employee's regular work schedule shall be paid
at the applicable time-and-a half overtime rate under either the Fair Labor Standards Act
or Charter Section 186.
A. Policv: It is the policy of the City to discourage overtime except when
necessitated by abnormal or unanticipated workload situations. The City has the right to
require overtime to be worked as necessary. Consistent with this policy, the Fire Chief,
Deputy Chief and Battalion Chiefs, will make every effort to assign overtime evenly among
the employees with similar skills or assignments.
B. Definition: Overtime is defined as all hours worked in excess of the regularly
scheduled workweek. All overtime shall be reported in increments of six (6) minutes and
is non-accumulative and non-payable when incurred in units of less than six (6) minutes.
Holiday leave, sick leave, vacation leave and court time shall be considered as time worked
for purposes of computing overtime compensation.
C. Compensation: Payment for overtime shall be made on the first regular
payday following the pay period in which overtime is worked, unless overtime
compensation cannot be computed until some later date, in which case overtime will be
--
Fire Safety MOU
23
paid on the next regular payday after such computation can be made.
-
Section i 7. Retirement Plan
A. The City shall continue to participate in an employees' retirement plan for
Public Safety Officers, by contract with the California Public Employees' Retirement
System (PERS) under the current "2% at a~e 50" 3% CO! 55 formula. Effective December
31. 2008. the City shall contract with the PERS system under the 3% CO! 50 formula.
In the event any act. includina but not limited to the enactment of leais/ation.
eliminates this benefit "rior to im"/ementation. the City aarees to a reo"ener to
discuss this issue.
B. The City shall continue to provide the "highest 12 month" retirement formula
and Military Service Credit
C. The City shall contract with PERS to provide the Fourth Level 1959 Survivor
Benefit All costs will be borne by the employee.
D. The City shall continue to provide the Post-Survivors' Retirement Benefit
E. The City shall continue to provide the Post-Retirement Survivor Allowance
to Continue After Remarriage benefit
"-
F. Tho City shall continuo to poy through December 31,1999, nine percent (9%)
e-f-tRe members'-contribution 10 PERS credileEl-te-4J:ie-employee's occount os a-fFifl~
beHefit,-for current. octive--emf}loyees hire€l-pFiof..lo.J~Iy-+.-1-gg.7c--"€ffeGtive-JaAUaFY-l,
2000, I\r:ticle III, Section 6(19) .....i11 replace tt:lis s~13 section."
G. For ony employee hired on or after July 1, 1997, through December d 1, 1-009,
the City will poy five percent (5~q of the members' contribution to PERS crodited to-tRe
cmployeo's account as 0 fringo bcnefit U!3on said employees completing five (5) yems of
service the City will pay nine percent (9%) of the members' contribution to PERS credited
to the employec's account as a fringe benefit on the first pay !3eriod of the sixth year of
sefViB€;,
--
E Fl. The City will increase the base salary of all employees covered by this
agreement by converting the nine percent (9%) Employer-Paid Member Contribution
(EPMC) to base salary. This base salary is "compensation earnable" as defined in Section
20636 ( c ) of the California Govemment Code and shall be reported to the Public
Employees' Retirement System (hereinafter "PERS"). Employees will then assume
responsibility for payment of the nine percent (9%) employee retirement contribution to
PERS and all associated costs for the conversion of the EPMC to base salary. The City
shall designate such payment as an Employer Pick-Up as defined under the provisions of
Section 414(h)(2) of the Internal Revenue Code (26 USC ~14(h)(2)). The employee
Fire Safety MOU
24
contribution to PERS shall be made through automatic payroll deductions from the base
~ salary in accordance with PERS regulations.
For purposes of determining overtime compensation and other salary
payments, including but not limited to, payoffs of sick leave, vacation accruals, holiday
accruals and comp time balances, the aforementioned nine percent (9%) base salary
increase shall not be considered.
G h The City shall provide written notification to representatives of the union prior
to the end of each fiscal year, which identifies the applicable rate for the next fiscal year.
Section 1- 8- On-CaIl/Call-BacklStandbv
Any employee on "on-call" status will receive a minimum of two- (2) hours' pay at
time- and-a-half for all or any portion of a 24-hour day. If called back any time within the
first two (2) hours of on-call, the time worked will be deducted from the two (2) hours on-
call. If the call-back occurs after two (2) hours expire, call-back time will be clocked from
the time the employee receives the call to report. Compensation for that time is in addition
to the on-call status.
In the event an employee is placed on "standby" for court subpoena, the employee
will receive two (2) hours standby pay at time-and-a-half. If the employee is called to court
"'- and does not go beyond 12:00 hours on that day, it will be considered part of the two (2)
hours standby. If the employee has to appear after the noon recess, any additional time
will be added to the two (2) hours standby, plus one-half hour travel time. In cases where
the subpoena is for 13:30 hours, or another time, the standby will start with time stated on
the subpoena. In those cases where the subpoena is for 13:30 or later, the employee's
time will be computed at the amount oftime between the time of subpoena and 17:00, plus
30 minutes travel time. In the event the employee is required to pay parking fees, the
employee will be reimbursed. If the employee is required to stay through noon recess, he
will be paid for the actual time spent. All on-call, call-back and standby pay will be at the
time-and-a-half overtime rate.
Section 3 9- Court Fines
The City shall pay for court fines imposed upon each member as a result of his
conviction of a traffic violation when such member was directed to operate any faulty
vehicle or vehicular equipment which was the proximate cause of the mechanical or other
traffic violation, provided that such violation did not result from improper or negligent
operation of the vehicle on the part of the member.
-
Fire Safety MOU
25
ARTICLE IV . FRINGE BENEFITS
-..
Section 1 . HealthlRelated Insurance
A. The City shall contribute monies toward health premiums for the employee
plus one (1) dependent, at the rate equivalent to the total of the Kaiser South premium ffi
additien, tt-le City will pr-ovide payment at tt-le Fate of and the Delta Dental High Option plan
premium or its equivalent. plus an additional $100 per month for the employee plus one
(1) dependent. The City's contribution will change to equal the cost in the Kaiser South
premium and the Delta Dental High Option plan or its equivalent during the term of the
MOU.
The City shall contribute monies toward health premiums for emp/ovees
with emp/ovee onlv coveraQe at the rate equivalent to the total of the Kaiser South
premium for employee only and the Delta Dental High Option plan or its equivalent for
Employee Only, for emflleyees witt-l no depen~entsp/us an additional $100 per month.
The effective date for health insurance open enrollment to the transactions
is currently January 1 st of each year. This date is estaBlishod BY tt-le PYBlis !;Omflleyees'
Retir€ment System (PERS) and is sYbjeGt to change. As of "anyar)' 1, 1 QQQ, t7Ae City will
contriBYte te'/Jar4 healtt-l pr€miums fer unit emflleyees the total of the Kaiser South
flremium and the Delta Dental Hi!ilh Optien fllan pr€mium.
"- As of Decomber 1, 1 QQQ, tThe City will sentriBute toward t-lealtt-l flremiymG
for unit employees tt-le tetal of tt-le Kaiser Soutt-l flremium and the Delta Dental High Option
plan flremium fllYS an additional $5Qimonth.
.^.s of DesemBer 1, 2001, tThe City will contribute tov:ard "ealtA premiyms
for unit employees the total sf tAe Kaiser SO\Jtt-l flr-emium and the Delta Dental High Ofltien
fllan flromiym plus a second additional $50/montA for a total of $100imontt-l.
Any contribution not utilized by an employee shall revert to the City.
B. Insurance benefits available for purchase by employees include medical,
dental, vision, life and accidental death and dismemberment insurance.
C. An employee must purchase medical insurance offered through the City in
order to utilize the contributions described in Section A.
D. Included in the contribution described in Section A, effective Januarv 1.
2006. the City shall contribute the PERS adopted schedule amount a maximym ef m
(currently $64.60) per month per retired emp/ovee to be used exclusively for the
purchase of medical insurance benefits.
E. Employees may use any of the amounts described in Section A to purchase
-
Fire Safety MOU
26
any or all of the insurance benefits described in Section B.
'-
F. Cafeteria monies may be redesignated or a change of plans may be made
in accordance with the rules established by the insurance plan selected by the employee.
G. The City shall provide each employee with $5,000 life insurance.
H. The City shall pay funeral expenses of up to $10,000 for a firefighter who
becomes deceased as the result of an on duty injury or illness.
I. The following provision will go into effect, unless and except it conflicts with
PERS regulations in the future: When a fire safety employee is married to another City
employee, each of the employees will be permitted to enroll in their own separate health
plan during designated open enrollment periods. Neither employee may receive double
coverage under the City's health plans.
Section 2 - Work Uniforms
A. Work Uniforms: The City will furnish and replace as needed four (4) work
shirts and three (3) pairs of work trousers to each member. Guidelines for Fire Safety
Employees include obtaining approval from the Battalion Chief, obtaining a "chit" from the
Storekeeper, and going to the vendor for uniforms.
---
B. Safety Boots: The City will furnish safety boots to each member. Boots will
be California-OSHA approved boots. Guidelines for Fire Safety Employees include
obtaining a "chit" from the Fire Department and going to the vendor designated by the
Department for their boots.
1. Employees who want to upgrade to a higher quality safety boot of
greater cost than the Department's current issue shall be reimbursed for the amount of
money equal to the cost of the Department issue. Reimbursement requires prior
supervisory approval and a receipt from employee.
2. Employees who want to upgrade any safety gear to a higher quality
of greater cost than the Department's current issue shall be reimbursed for the amount of
money equal to the cost of the Department issue. Reimbursement requires prior
supervisory approval and a receipt from the employee.
C. Rain Gear: The City shall continue its current method to provide appropriate
duty rain gear for personnel.
-
Fire Safety MOU
27
Section 3 - Tuition Reimbursement
---
The City will continue, under its formalized procedures, to pay tuition costs for
members who complete job-related courses of instruction with a grade consistent with the
City's policy, which will increase their value to the City.
Elioibilitv: Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board
of Education. No mail-order courses will be approved. Workshops, seminars, conferences
and similar activities not identified as a formal course of instruction within the curriculum
of a recognized educational institution, do not fall within the purview of this program, but
may be authorized and funded by the Department upon approval of the City Administrator.
Reimbursement: The amount of reimbursement shall be 50% of the equivalent of
the tuition costs for up to six (6) units per quarter as charged by the California State
University, San Bernardino, or one-and-a-half times that amount, if on a semester system.
The Director of Human Resources will recommend approval or disapproval based on the
availability of budgeted funds for education tuition assistance. Reimbursement for books
required for the approved course or courses will be authorized.
Procedures: Employees will submit copies of their approved applications to the
Human Resources Department, according to City policies and procedures. Employees
must include official verification of their final grades with appropriate receipts for tuition
'"-, costs. These will be returned to employees upon request Applications not submitted to
the Human Resources Department according to City policies following completion of the
course become void. The Human Resources Department will advise members of the
procedures and policies upon request
Section 4 - Deferred Compensation
The City shall continue to sponsor a deferred compensation plan, which shall be
available to employees on a voluntary basis.
Section 5 - Safety Eauipment
All employees who are required by state law to have safety equipment will be
furnished the required safety equipment.
The Fire Administration and Fire Union will meet on standards, specifications and
applications for all safety equipment This will be accomplished in the Labor Management
Committee meetings.
'-
Fire Safety MOU
28
Section 6 . ReplacinQ/RepairinQ Personal Property
~
The City shall continue to provide for the cost of replacing or repairing personal
property, of any employee, which is lost or damaged in the performance of duty. as
provided in Administrative Directives.
Section 7 . Vacation and Holidav Sell-Back
Once per year, each person in the bargaining unit who has passed probation will be
granted the option of selling their vacation and holidays back to the City. Employees may
sell back prospective holiday and/or vacation time up to six (6) shifts of holiday and ten (10)
shifts of vacation. The Union has committed to encourage holiday sell back, at an annual
savings of $50,000 or more.
Holiday and/or vacation usage picks will be made no later than December 31 each
year. The Fire Department will provide this information to the Finance Department, by
February 1 of the following year. The Finance Department will process sell back
information for a lump-sum payment on the first payday in March each year.
I ndividuals who do not use all of the available holidays within the calendar year will
have the balance of holiday hours remaining paid by the following March.
'-"
Section 8 - Welfare Trust Benefit
If durina the term of this aareement. the City Attornev's Office and the IRS
aDDrove the welfare benefit Dlan and trust aareement. the City aQrees to a reoDener
at the union's reQuest to discuss this benefit.
ARTICLE V . LEAVE PROVISIONS
The provisions of City Resolution No. 6433, as amended, concerning sick leave,
injury leave, vacation, holiday leave, leave of absence without pay and other leave as they
apply to Fire Safety personnel, shall remain in effect, except as they are modified by this
MOU. In circumstances in which either the Federal Family Leave Act or the State Medical
and Family Leave Act apply, the City shall adhere to the requirements of the Acts.
--
Fire Safety MOU
29
Section 1 - Vacation
---
All members within the bargaining unit shall be entitled to annual paid vacation as
follows:
A.
Completed Years of
Continuous Service*
Days/Shifts of
Paid Vacation
Rate of Accrual
Per Month
1 Year**
10 Years
20 Years
10 days or 5 shifts
15 days or 7 1/2 shifts
20 days or 10 shifts
0.833 working days
1.25 working days
1.667 working days
*A service year begins on the initial date of employment in a full-time. regular
status.
**No vacation shall be granted if service is less than one (1) year.
B. When an employee resigns or otherwise leaves the service of the City and
has not used earned vacation since his or her last anniversary date, payment shall be
made to the employee for the earned portion of his or her vacation.
--
Calculation of payment for earned vacation, or deduction for unearned
vacation upon termination shall be made in accordance with the wage rate in effect on the
final day of employment.
C. When an employee returns to work after a break in continuous service, and
when such break in continuous service shall have been by leave of absence with approval
of the Mayor and Common Council, vacation time shall not accrue during such a break in
continuous service, but shall accrue monthly from the date of return to service from such
approved leave of absence based upon the total length of service of the employee.
D. Whenever the term .year or years of employment" appears herein, it shall be
deemed to include all services for the City of San Bernardino. (Reference * above in
Section A.)
E. Vacation credits may accrue and accumulate for a maximum of two (2) years
total accumulated vacation credits on a carryover basis from year to year. Vacations or
portions thereof from anyone year so accrued may run consecutively with vacations or
portions thereof of the next succeeding year, subject to the approval of the appointing
authority. Employees who exceed the two (2) year vacation accrual limit while on 4850 time
or sick leave shall continue to accrue vacation hours at their current accrual rate without
penalty.
F. In the event an employee has been permitted to take vacation which exceeds
the number of hours actually accrued, a deduction shall be made from the employee's final
-
Fire Safety MOU
30
compensation for the number of hours in excess of the accrual.
'-
G. Employees shall not be permitted to work in their City position in lieu of taking
vacations in order to receive additional compensation from the City.
H. The Fire Department's practice is to schedule all members' vacations prior
to January 1st for the following calendar year. Each calendar year, members will be
permitted to have eight (8) shifts of banked vacation days that are not already scheduled
in advance. In order to use banked vacation days, members must obtain approval in
advance through their immediate supervisor and their Battalion Chief.
Section 2 . Holidavs
1\11 memBers within tt-le l3a~aiAiAg unit shall Be eRlilles to 12 t-loliElays !'lor year or
six (e) shifts per year.
As of January 1, 2000, all members within the bargaining unit shall be entitled to 11
holidays per year, or 5.5 shifts, to offset the cost savings lost to the City by removal of
Article III, Section 6, Paragraph G, of the MOU, per Article III, Section 6, Subsection H.
Effective Januarv 1. 2006. all members within the baraainina unit shall be
entitled to 12 holidavs lJer year or six (6) shifts lJer Year.
--
Section 3 . Sick Leave
Definition of Sick Leave: Sick leave means the absence from duty of any employee
because of illness or injury (except as noted below), exposure to contagious disease, or
attendance upon a member of his/her immediate family who is seriously ill and requires the
care of or attendance of an employee. Immediate family means: husband; wife;
grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt;
mother-in-law; father-in-law; stepparents; stepchildren; and, with approval of the
department head, this may include a person with whom the employee lives and has a
familial relationship.
Sick Leave Guidelines: Not more than five (5) days of sick leave for 40-hour
personnel, or three (3) shifts of sick leave for shift personnel, within any calendar year may
be granted to employees for the care of or attendance upon members of their immediate
family. Sick leave for this situation shall be granted in compliance with the Federal Family
Leave Act of 1993.
No employee's absence due to illness in excess of five (5) days for 40-hour
personnel, or three (3) shifts for shift personnel, shall be approved, except after the
presentation of satisfactory evidence of illness; and, a certificate from a practicing
--
Fire Safety MOU
31
physician shall be required by the Chief for approval concerning such absence.
--
I n order to receive compensation while absent on sick leave, employees shall notify
their immediate supervisor prior to the time set for beginning their daily duties, or as may
be specified by the Chief.
Sick leave shall not be considered as a right which employees may use at their
discretion, but shall be allowed only in case of necessity and actual personal illness, except
as otherwise provided herein.
All members will be authorized to use earned sick leave after six (6) months of
continuous employment with the City.
For semimonthly payroll, sick leave will accrue at the rate of 4.0 hours per pay
period for employees scheduled to work 40 hours per week, or 6.0 hours per pay period
for shift employees, with no limit as to the number of days/shifts that may accrue.
For purposes of usage, one (1) hour of sick leave shall be deducted from an
employee's accrued, unused sick leave for each hour of absence. Resolution No. 6433,
Section Five, shall remain in effect where applicable to the bargaining unit members,
except as modified by this MOU.
Pavment of Unused Sick Leave
--
A. After completion of five (5) years of continuous full-time employment with the
City, every member shall, upon retirement or death, receive compensation for, excluding
Sections Band C:
Fifty percent (50%) of all accumulated sick leave.
B. A continuous, active, full-time employee with the City shall, upon receiving
a disability-connected retirement, receive compensation for accumulated, unused sick
leave, as follows: One hundred percent (100%) of all unused sick leave.
C. Upon the death of a continuous, active, full-time employee, his/her surviving
spouse and lor surviving children shall receive compensation for accumulated, unused sick
leave, as follows: One hundred percent (100%) of all unused sick leave.
Section 4 - Union Leave
Employees elected to the Union Board shall be granted time off to perform official
Union functions, including but not limited to, attendance at conventions, conferences,
educational training and seminars, without loss of pay, up to a maximum of 600 hours total
time per calendar year in the aggregate for such employees. Cumulative time not to
"""""
Fire Safety MOU
32
exceed two (2) years. As a general practice, a minimum of 24 hours notice prior to
"- requested time off will be given to on-duty Battalion Chiefs.
Section 5 . Tradinq Time
Subject to the authorization of the Fire Chief or Deputy Fire Chief and Battalion
Chiefs, members of the bargaining unit should be allowed to trade time with other
employees of equal ability on the following basis. if they pass probation:
A. Trading time shall be with persons of equal ability and be agreeable with both
parties and shall be requested in a memo signed by both employees.
B. In the event one part of a trade (either first part or second part) is not fulfilled
for any reason, the employee not fulfilling his/her part shall owe the department for the
amount of time missed. This shall be designated as an owed department payback at
straight time. In the event the above does occur, the employee who did not fulfill his/her
part may turn down a payback one time but must accept the payback on the second
request.
Section 6 - Military Leave
A An empleyee who shall eRter tRe AFFReG feFses of the UniteG States Ell,lFing
~ war er Rotional emeFlileRGy, os Geclared by tRe PresiEleRt or the Congress of tRe URited
Stotes, sRall be entitleEl te a leave of aBseRce witRel,lt pay Ell,lring sl,lst-l service anEl fer 0
perieEl of gO Gays tReroafter. eveI)' Sl,lSR empleyee aRElJer effiser rotymiRg tEl the City within
tRe time Rer-eiR spesifieEl, and wRe Ras BeeR RenoFBBly Elischmyed from sl,lsl:t service sl:tall
Be r-einstateEl 'lIitReyt loss of statyS er seRioFity, provideEl tRey are not physically er mentally
incapacitateEl fFem performing the Ell,Jties of saiEl olfise er pesition.
8. CompensatieR ef employees on temper-ary milital)' leave of aBsence is toynEl
in tRG Military Il. Vater-aRs CGEle SGstieR d95.01 wRisl:t syrr-ently pr-eviEles iR part as fellEl'l.'s:
".^.ny public empleyeo \,:1':19 it en tOfRp0F3ry military 103':9 €If abseru~e
anG who t-las BeeR iR the servise of tRe pYblic ageRsy fFem 'NhicR the
leavo is taken for a peReEl of not less thaR eRe year immediately pFior
to the €layeR which the aBseRse begins shall Be eRtitleEl tEl Feseive Ris
salary or compansatien as sl,Jch pUBlis omployee fer tRe fiF&t dQ
caleRElar days of any SIlCR absence. Poy fer sl,Jsh pyrpeses sRall not
excess dO says in any eRe fiscal year. Fer tRe pyrpesss ef this
sestieR, in determiRiRg tRe ORe year af pl,Jblic agansy servise, all
service of sa is public eml3leyee in tRe rooognizes military seFViGe GRail
Be sOYRted as pI,JI;JliG agency servise."
C. :'\11 perseRs appointed to fill sl,Jsh pesitioR sYr~ng war or sysl:t RatieRal
~
Fire Safety MOU
33
emer-goncy, shall be tem~sr-ary a~~ointees sRly.
--
D. In the oveRt sf cimumstances. which reqllire reserve "sail IJf'l," the City will
meet aRe! ssnfor with tf:le Union over tho impact of the call1l~ SR llRit meml;ler-s.
The City shall complv with any applicable State and/or Federal laws.
ARTICLE VI - WORKING CONDITIONS
Section 1 - Workweek
The average workweek for shift personnel shall be 56 hours. Shift calendars shall
be provided to employees by the City.
Section 2 - Probationary Period
1. The probationary period for positions in this unit shall be 12 months from the
date of hire. All newly promoted employees must also serve a one-year probationary
period.
'-
2. The aforesaid period of probation excludes the entire period or periods
of any leave of absence without pav and/or Military leave of absence in excess of 15
days.
Section 3 - Seniority
Seniority is herein defined to be an employee's length of service with no break in
service within the Fire Department and/or classification to which the employee is presently
assigned. The Department may use seniority in vacation scheduling, shift assignments and
transfers within classifications.
Section 4 - Reemplovment
A member who has terminated City employment, and who is subsequently rehired
in the same classification in a regular position within a 90-day period, may receive
restoration of salary step. Seniority shall begin anew as of the rehire date. All other
authorized benefits shall accrue as of the date of rehire.
'--
Fire Safety MOU
34
Section 5 . Phvsical Examinations
-
The City shall pay medical fees for the physical examination of any firefighter when
such examination is required and directed by the City.
Section 6 . Paramedic Assiqnment
P-2 ParamediclFirefighters must meet and maintain the following standards:
A. Recertify after completion of probation.
B. Recertify according to state and county regulations.
P-2 Paramedic/Firefighters failing to meet the above standards may be subject to
termination from employment. The City will pay initial recertification fees charged by the
County. Paramedics will pay for a repeat test, if they fail a previous test.
Subject to approval of the Fire Chief, continuing education for paramedics may be
met during on-duty hours. In addition, with the approval of the Fire Chief for each overtime
requested, paramedics will be allowed to receive overtime for said courses taken during
off-duty hours., but in no case will overtime paid for off-duty training exceed eight (8) hours
per paramedic per fiscal year. Continuing education is the responsibility of each paramedic.
'--
Compensation: See Article III, Section 1 G. In the event the City increases its level
of service to include ambulance transport, the Fire Department will within a reasonable
amount of time implement continuing education during on duty hours, wherever possible.
Under such circumstances, overtime will be paid for any off duty required training to
maintain a paramedic certification. Each such overtime request requires the approval of
the Fire Chief or designee.
Section 7 . Related Work Standards
During the term of this MOU, the City and the Union agree to meet and confer on
related work standards as used in job descriptions in an effort to establish reasonable
guidelines for employees in that unit.
ARTICLE VII - GENERAL PROVISIONS
Section 1 . Severability
If any provision of this MOU is held by the proper legislative or judicial authority to
be unlawful, unenforceable, unconstitutional, or not in accordance with applicable status
or not applicable to Charter Cities, all other provisions of the MOU shall remain in full force
and effect for the duration of this MOU. If there is any conflict between the provisions of
-
Fire Safety MOU
35
---
this MOU and the provisions of federal, state or local government regulations, the
provisions of the federal, state or local government regulations shall be controlling. Upon
the issuance of a decision declaring any Article, section or portion of this MOU to be
unlawful, unenforceable, unconstitutional or not applicable to Charter Cities, the parties
agree to meet and confer immediately concerning only those Articles, sections or portions.
Section 2. Term
With the exception of specific time frames and effective dates for individual Articles,
this MOU shall be effective from January 1, 4009 2004. through December 31,2992 June
30. 2009.
Section 3 . Notice of Intent to Reo Den
The parties agree that if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, the City and Union
will strive to meet 60 days prior to the expiration of the MOU and discuss their intent to
negotiate. Such notice shall request a meeting to begin negotiations and establish ground
rules which shall include at a minimum the date beyond which no further proposals may
be submitted by either party.
'-
Section 4 . Prevailina Benefits
All benefits, privileges and working conditions authorized for the members at the
present time, which are not included in this MOU, shall remain in full force during the term
of this MOU unless changed by mutual consent.
Section 5 . Maintenance of Benefits
Upon expiration of the MOU and until a new MOU has been negotiated between the
Union and the City, all articles in this MOU shall remain in full effect, unless otherwise
stated in this MOU.
---
Fire Safety MOU
36
........
,,-.
---
FIRE SAFETY EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2003-2009
Mayor
City of San Bernardino
San Bernardino City Professional
Firefighters' Local 891
City's Designated Representative
ATTEST:
City Clerk
Approved as to form
and legal content:
'\
\if
F'
()
y Vvv'WV,",-
Fire Safety MOU
37
INDEX
'-...
Subiect
Paqe
Administrative Captain Assignment........................................................................... 22
Agency Personnel Rules.................................................................................................5
Arson Pay..... ............................................................................................. ....................22
Breathing Apparatus Tech Pay. ... .... .... ... ... ............................ ............. ........ ...................22
Bilingual Pay..... ............................................................................................................ .23
City Computers.............................................................................................................. 18
Court Fines.................................................................................................................... 25
Constant Staffing............................. .............................................................................. 19
Deferred Compensation................................................................................................. 28
Definition of Terms .......................................................................................................... 3
Drug and Alcohol Testing ..............................................................................................12
Educational Incentive Pay........ ....... .... ... ....... ...... ....... ......... ... ....... ........................ ........23
Employee Representatives.............................................................................................. 9
Employees' Rights........................................................................................................... 5
Financial Disclosure....................................................................................................... 18
FLSA Statistician Pay.................................................................................................... 22
Grievance Procedure....................................................................................................... 6
Haz Mat Pay.................................................................................................................. 22
"- Health/Related Insurance. ... ........... ..... ........ ......... ........... ......... ..... .... .... ............ .., .........26
Holidays ......................................................................................................................... 31
I nvestigation Rights................................................................................................,...... 10
Labor Management Committee .....................................................................................19
Leave Provisions (Sick Leave, see Pg.31 ) ...................................................................29
Locker Search................................................................................................................ 18
Maintenance of Benefits................................................................................................ 36
Management Rights................................... ........................................ ..............................4
Military Leave..................................................................................... ............................33
Nondiscrimination.......................................................................................................... 11
Notice of Intent to Reopen .............................................................................................36
On-Call/Call-BacklStandby .............. .... .......... .......................................... ......................25
Overtime........................................................................................................................ 23
Paramedic Assignment.............................. ........................................ ............................35
Payment of Unused Sick Leave.....................................................................................32
Payroll Deductions...........................................................................................................6
Personnel Files ................. ...... ...................................................... ................................. 11
Physical Examinations................................................................................................... 35
Political Activity.......................................... .................................................................... 12
Polygraph Examination................................................ ............ .................. ....................12
Prevailing Benefits...................................................... ............ .................. ..................... 36
Probationary Period ....................................................................................................... 34
"-
Fire Safety MOU
38
Subiect
Paae
--
Reemployment.............................................................................................................. .34
Recognition..................................................................................................................... .4
Related Work Standards............................................................................................... 35
Replacing/Repairing Personal Property......................................................................... 29
Retirement Plan............................................................................................................. 24
Safety Committee ..................................... ..................................... .... ...... ......................19
Safety Equipment................................................................................................... .......28
Salaries........................................... ............................................................................... 20
Seniority............................................................................. ............................................34
Severability.................................................................................................................... 35
Sick Leave..................................................................................................................... 31
Special Assignment Pay...... .................... ............ ....... .......... ............. ........ '" ....... ..........22
Term.............................................................................................................................. 36
Trading Time...............................................,.............................................................. ....33
Tuition Reimbursement.................................................. ................................................28
Union Leave................................................................................................................... 32
Union Security............................................................................................................... 20
Use of City Resources ...................................................................................................18
Vacation.............. ........................................................................................................... 30
Welfare Benefit Trust.................................................................................................. .29
Vacation and Holiday Sell-back .................. '" ...... .... ............. ...... ...................................29
"'- Work Uniforms.............................................................................................................. .27
Workweek...................................................................................................................... 34
Workers' Compensation Injury....................................................................................... 20
--
Fire Safety MOU
39
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
. ~J,Ob
Meetmg Date (Date Ad\{;d): (P
Vote: Ayes Nays
Change to motion to amend original documents 0
Item # J?J
Resolution # J O~') b - ~ 0
Absent 4- 7
Abstain
Companion Resolutions
NulI/Void After:
jJo~
days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: 11;,; ~ 1'0 ~
Date of Mayor's Signature: '~I y I ojc ,
71'Qrdo
Date of Clerk/CDC Signature:
Reso. Log Updated: ~
Seal Impressed: 6 /
Reso. # on Staff Report r(
D3- lo-q&
Date MemolLetter Sent for Signature: itl /~ Date Returned:
I" Reminder Letter Sent: 2nd Reminder Letter Sent:
OIo-r!)O-Ob Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985,8234,655,92-389):
YeSV"//
No By __.
No~ By_
NO~BY_
::~/.
Yes
Yes
Yes
Yes
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator ~ Facilities ~... Parks & Recreation 0
City Attorney Finance Police Department 0
Code Compliance ~(J ) Fire Department V Public Services 0
Development Services Human Resources Water Department 0
Others:
Notes:
Ready to File: _
Date:
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 10,2006
TO:
Linn Livingston, Director
Human Resources
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution Nos. 2006-66
At the Mayor and Common Council meeting of March 6, 2006, the City of San Bernardino
adopted Resolution No. 2005-66 - Resolution implementing a Memorandum of Understanding
between the City of San Bernardino and Employees in the Fire Safety Unit represented by the
San Bernardino City Professional Firefighters.
Attached are one (1) original and two (2) duplicate original Memorandum of Understanding
agreements to be executed by Linn Livingston, Director of Human Resources, as City's
Designated Representative and by the San Bernardino City Professional Firefighters' Local 891.
Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to the
City Clerk's Office to my attention as soon as possible. Please forward one (1) fully executed
original to the San Bernardino City Professional Firefighters' Local 891 and keep one (1) fully
executed original for your records.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
receipt of the aboy m tioned documents.
Date:
Please sign and retnrn
City of San Bernardino
INTEROFFICE MEMORANDUM
Human Resources Department
TO: Rachel G. Clark, City Clerk
FROM: Helen Nguyen, Senior Secretary
SUBJECT: Signed Original Memorandum of Understanding -
Resolution No. 2006-66
DATE: June 19, 2006
Attached is the ORIGINAL agreement signed by Linn Livingston, Director of Human
Resources, as City's Designated Representative and by the San Bernardino City
Professional Firefighters' Local 891.
If you have any questions, please do not hesitate to contact me at ext. 3231.
Thank you
Helen Nguyen
Senior Secretary
to