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RESOLUTION (ID#3517) DOC ID: 3517
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 10/06/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the
Terms and Conditions of Employment for the Fire Safety Unit Employees Represented by the
San Bernardino City Professional Firefighters(SBCPF), Local 891. (#3517)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount» Account No. <<Insert Account No.>>
Account Description: <<Insert Account Description
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
<<Insert synopsis here>>
Background:
<<Insert background here>>
City Attorney Review:
Supporting Documents:
Updated: 10/1/2014 by Linda Sutherland Packet Pg. 345
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ADOPTING TERMS AND CONDITIONS OF EMPLOYMENT FOR
3 THE FIRE SAFETY UNIT EMPLOYEES REPRESENTED BY THE SAN
BERNARDINO CITY PROFESSIONAL FIREFIGHTERS (SBCPF), LOCAL 891.
4
5 WHEREAS, on July 18, 2012, the Mayor and Common Council authorized and
6 directed the filing of a Petition under Chapter 9 of the United States Bankruptcy Code
(Resolution 2012-206) following the adoption of a Declaration of a Fiscal Emergency
7 in the City of San Bernardino (Resolution 2012-205). These actions were in response
8 to findings that the financial state of the City is such that the health, safety, and well-
9 being of the residents of the City will be jeopardized absent Chapter 9 bankruptcy
10 protection; and
11 WHEREAS, following the Declaration of Fiscal Emergency adopted on July
12 18, 2012 (Resolution 2012-205), the City filed a Petition under Chapter 9 of the
13 United States Bankruptcy Code on August 1, 2012; and
14 WHEREAS, on November 26, 2012, the Mayor and Common Council adopted
the Pendency Plan (Resolution 2012-278) which incorporated by reference the Pre-
15 Pendency Plan including the 9-Point Adjustment Plan adopted on September 5,
16 2012, and the revised Fire Department adjustments adopted on October 1, 2012; and
17 WHEREAS, on April 22, 2013, the Mayor and Common Council adopted the
18 City's 2012-13 and 2013-14 Budgets; and
19 WHEREAS, on June 30, 2014, the Mayor and Common Council approved the
20 City's 2014-2015 budget which included budget reductions for all City departments,
21 including the Fire Department; and
22 WHEREAS, on March 4, 2013, the City filed a motion pursuant to 11 U.S.C. §
365 to reject the Memorandum of Understanding (MOU) with the SBCPF, and on
23 September 19, 2014, the Court approved rejection of the MOU; and
24 WHEREAS, the City must implement the Fire Department 2014-2015 Budget
25 reductions in order to maintain a balanced financial plan, including a balanced
26 General Fund budget, that allows the City to continue to provide essential services to
27 ensure the health, safety and welfare of its citizens; and
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RESOLUTION
ITEM 7A Page 1 of 3
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WHEREAS, the failure of the City and the SBCPF to reach agreement
I regarding the implementation of the 2014-2015 Fire Department budget reductions
2 creates a substantial financial burden impeding the City's ability to balance the
3 General Fund budget and continue to provide essential services to ensure the health,
4 safety and welfare of its citizens thereby making it necessary to impose certain terms
5 and conditions of employment.
6
7 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The terms and conditions of employment for Fire Safety
10 bargaining unit members represented by the SBCPF as reflected in Exhibit "A,"
11 attached hereto and incorporated herein, are adopted for imposition and
implementation effective October 7, 2014.
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RESOLUTION
ITEM 7A Page 2 of 3
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO ADOPTING TERMS AND CONDITIONS OF EMPLOYMENT FOR
THE FIRE SAFETY UNIT EMPLOYEES REPRESENTED BY THE SAN
3 BERNARDINO CITY PROFESSIONAL FIREFIGHTERS (SBCPF), LOCAL 891.
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6
7 meeting thereof, held on the day of
8 2014, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ
11 BARIOS
12
13 VALDIVIA
14 SHORETT
15 NICKEL
16 JOHNSON
17 MULVIHILL
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20 Georgeann Hanna, City Clerk
21 The foregoing Resolution is hereby approved this day of
2014.
22
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24 R. Carey Davis, Mayor
25 Approved as to form: City of San Bernardino
26 Gary D. Saenz, City Attorney
27
By:
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RESOLUTION
ITEM 7A Page 3 of 3
EXHIBIT "A"
Terms and Conditions of Employment including Working Conditions as Adopted
for Imposition by the Mayor and Common Council on the Membership of the San
Bernardino City Professional Firefighters (hereinafter referred to as "SBCPF" or
"Union"
1. Implementation Schedule for Station 230 Closing in accordance with
the Fiscal Year 2014-2015 Budget.
• October 7 — October 18, 2014: Open Station bids reflecting the closure of
Station 230 and the removal of Medic Engine (ME) 224 from service and
putting Medic Squad (MS) 224 in service. The four (4) personnel
appealing the reductions in force determinations to the Civil Service
Commission may bid current positions and the demoted positions.
• October 7 — October 12, 2014: Relocation of Equipment — moving Urban
Search and Rescue (USAR) trailer and equipment to Station 231 and/or
Station 233. Some Haz Mat equipment may be moved to 233 if needed.
• October 7 — November 15, 2014: Station 230 furnishings removed.
• October 7 — October 25, 2014: Fire prevention and other files currently
housed in station 230 to be reviewed and redistributed.
• October 19 — October 20, 2014: Bids awarded and Telestaff updated.
Transfer list put out to personnel.
• October 25, 2014: 0800 Station 230 closed and ME 224 taken out of
service. Computer Aided Dispatch (CAD) updated. MS 224 put into
service. ME 230 and ME 224 moved to the shops. All Emergency
Medical Services (EMS) equipment and other appropriate equipment
removed and stored.
2. Staffing Policy. The City has the management right to determine
staffing levels and assign staff accordingly.
3. Management Rights. 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 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
. 1 MCC 10-06-14
EXHIBIT A
ITEM 7A Page 1 of 15
EXHIBIT "A"
f
other lawful reasons subject to applicable Civil Service Rules and Procedures; maintain
the efficiency of governmental operations; determine the methods, means, type of
organization and number of personnel by which fire, rescue, and EMS services are
provided; 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; 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; to
supervise, hire, promote, transfer, assign and schedule employees; 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.
4. Agency Personnel Rules. There exists within the City in written or
unwritten form, certain personnel rules, policies, practices and benefits, including but
not limited to, San Bernardino City Fire Department Operational Procedures, 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. (Collectively referred to as
"Related Rules"). The Related Rules will remain in effect to the extent they are not
modified by or are not in conflict with: a) revisions to the terms and conditions of
employment adopted hereto; b) ordinances or resolutions adopted by the Mayor and
Common Council after the date hereof; c) the City Charter; and/or, d) the terms of the
City's Plan of Adjustment.
5. Payroll Deductions. 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.
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2 EXHIBIT A
ITEM 7A Page 2 of 15
EXHIBIT "A"
The City shall not be liable to the Union, employees or any other persons by
reason of the requirements of this provision 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.
6. Investigation Rights; Disciplinary Action. 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 requirements of the Firefighter's Procedural Bill of Rights,
Government Code Sections 3250-3262.
7. Modified Work Duty. To establish a modified duty program for
employees of the fire department whose physical industrial injuries preclude them from
returning to the regular duties of their permanent position.
It is the goal of the fire department to locate and assign modified and/or light
duties whenever possible to employees who are temporarily disabled from their regular
job as a result of an on-the-job injury. All such work assignments are to be within the
limitations defined by the City-approved treating physician.
The following guidelines will be used when it becomes necessary to place an
injured employee in the return-to-work program:
A. The City-approved treating physician shall describe the employee's
limitations in sufficient detail to enable the City to determine if a suitable temporary
modified or light duty work assignment exists.
B. Upon receiving information from the City-approved physician
indicating that temporary modified duty is appropriate, the employee shall immediately
forward such information to Fire Administration through the on-duty battalion chief.
C. The final approval for a modified duty assignment lies with the Fire
Chief.
D. Upon receiving this information, the Fire Chief or his/her designee
shall attempt to locate or design a work assignment that is within the limitations and the
skills/abilities of the employee, as described by the treating physician. This may include
temporarily assigning the employee to perform work in any divisions with the
department, if a suitable work assignment exists. With the approval of the employee, a
copy of the physician's report will be sent to the department for review.
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EXHIBIT "A"
E. The modified/light duty program shall not exceed ninety (90) eight
(8) hour days worked in total. Exceptions shall be reviewed on an individual case basis
by Risk Management, the Fire Chief and treating physician.
F. Medical status reports shall be required from the treating physician
at a minimum of every thirty (30) days. It shall be the responsibility of the affected
employee to ensure prompt delivery of his/her medical report to Fire Administration.
G. The Fire Chief, at his/her discretion, may extend the modified duty
status beyond the ninety (90) eight (8) hour days worked based on the employee's
medical condition as assessed by a qualified physician, and availability of work.
H. Upon release to regular work duties, without restrictions, the
employee shall be returned to his/her regular work unit and his/her regular position, per
doctor's evaluation.
8. Salaries. Base salaries shall be determined in accordance with the
wage formula methodology set forth in Charter Section 186.
A. New employees shall be hired at the A step of the established base
salary range.
B. 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/she promoted to that rank during the period in which the employee
is acting in the higher 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.
C. Employees in the classification of P-1 and P-3 may provide
paramedic service if approved by the Fire Chief to do so and they provide payroll with a
copy of their certifications to all state and county regulations. The number of P-1 s and
P-3s working in this capacity will be determined by the Fire Chief. Any additional cost
for the employee to maintain his/her paramedic certification will be the sole
responsibility of the P-1 s and P-3s.
1. The Fire Chief will assign each P-1 and P-3 approved and certified
to "lead" paramedic duties on a responding unit and they will be paid 96 hours (4 shifts)
of premium pay. Premium pay is defined as the hourly rate difference between a top
step P-1 and a top step P-2. The premium pay will be paid 50% on the first payroll
check of the month and 50% on the second payroll check.
2. Since the assigned P-1's and P-3's will be compensated for 96
hours of premium pay per month, the individuals will only be excused from actually
4 MCC 10-06-14
EXHIBIT A
ITEM 7A Page 4 of 15
EXHIBIT "A"
working those hours for extraordinary circumstances (e.g. vacation, sick leave,
injury.)
3. Fulfillment of the ninety-six (96) hours can be accomplished by
either working full 24-hour shifts, partial shifts of 8-hour increments (up to three, 8-hour
partial shifts in any given 24-hour shift) or a combination of both. Hours worked will be
recorded on the employee's timesheet and will be tracked by the Department and
Payroll. Each employee will receive a minimum of 8 hours credit when called to perform
paramedic duties. If an employee actually works less than 8 hours, they will still put 8
hours on their timesheet. If an employee 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 paramedic duties in excess of
the ninety-six (96) hours per month, he/she would receive additional premium pay for
the hours worked over the ninety-six (96) hours.
D. As per past practice, Emergency Medical Technician (EMT) pay shall
be included in computing the salary formula.
9. Special Assignment Pay. All employees assigned to the following
duty shall receive special assignment pay at the rate of$150 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
10. Administrative Captain Assignment. Any employees in the job
classification of Fire Captain shall be entitled to compensation in the amount of eight
percent (8%) over the assigned rate for his/her classification when permanently
assigned by the Fire Chief to a forty-hour administrative assignment work week.
11. Educational Incentive Pay. In addition to receiving their regular
salary, qualified members shall be entitled to receive one of the three levels of incentive
pay as set forth below:
A. Fifty ($50) dollars additional compensation per month may be paid
to members who have a Firefighter II Certificate issued by the State of California; or,
B. One hundred fifty ($150) dollars additional compensation per month
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.'T A
A Page 5 of 15
EXHIBIT "A"
may be paid to members who have a Fire Officer Certificate issued by the State of
California; or,
C. Two hundred fifty ($250) dollars additional compensation per month
may be paid to members who have a Chief Officer Certificate issued by the State of
California.
12. Bilingual Pay. Each 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.
13. Overtime. Overtime shall be paid at the applicable rate in accordance
with the Fair Labor Standards Act (FLSA).
A. Policy: 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 as
equitably as possible among the employees with similar skills or assignments and on a
rank for rank basis. The Fire Chief shall be responsible for developing and
implementing scheduling, minimum staffing, and overtime protocols to insure that all
overtime expenditures are consistent with budget parameters as adopted annually by
the Mayor and Common Council.
B. Definition: Overtime for fire safety suppression employees shall be
paid for all time worked in excess of 182 hours in a 24-day work period, as defined
under Section 207k of the FLSA. Overtime shall be reported in increments of six (6)
minutes. Only time worked shall be counted for purposes of calculating hours worked.
Paid leave time worked shall not be counted for purposes of calculating hours worked.
Paid leave time worked includes, without limitation, holiday leave, sick leave, vacation
leave, concession hours, injury leave, family sick leave, and court time. Overtime will
be calculated on the regular rate base pay plus any negotiated monetary special pays
which are converted to an hourly equivalent and added to base pay.
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
paid on the next regular payday after such computation can be made.
D. Premium FLSA Overtime Pay. Each 24-day work period includes
192 scheduled hours. Fire Safety personnel shall be compensated for these additional
ten (10) hours of pay at an overtime premium of .5 of his/her regular rate of pay since
the employee has already been compensated at straight time for those hours as part of
6 MCC 10.06.14
EXHIBIT A
ITEM 7A Page 6 of 15
EXHIBIT "A"
the employee's monthly pay. The overtime premium pay (half-time pay) will be paid as
soon as practicable at the conclusion of the 24-day FLSA 207k work period.
14. Retirement Plan
A. Benefit Formulas.
• Tier 1: All bargaining unit members employed on or after 1/1/09 shall
have a 3% @ 50 CaIPERS benefit formula.
• Tier 2: All new employees hired on or after 9/1/11 to 12/3/12 shall have
a retirement formula of 3% @ 55.
• Tier 3: All new employees hired on or after 1/1/13 to 12/31/14 shall
have a retirement formula of 2.7% @ 57 and shall pay 50% of the
City's normal cost rate, as determined by CaIPERS under the Public
Employees' Pension Reform Act of 2013 (PEPRA).
• Tier 4: All new employees hired on or after January 1, 2015, shall have
a retirement formula of 2.5% @ 57 and shall pay 50% of the City's
normal cost rate, as determined by CalPERS under the Public
Employees' Pension Reform Act of 2013 (PEPRA).
B. Cost Sharing. All legacy bargaining unit members represented by
SBCPF shall contribute 50% of the normal cost of the CAIPERS benefit as determined
by CaIPERS. For fiscal year 2013-2014, 50% of the normal cost was 13.989% of base
salary and other negotiated special pays. For fiscal year 2014-2015, 50% of the normal
cost shall be 16.9% of base pay and other identified special pays. To the extent that
such contributions shall be considered employer paid member contributions, the
provisions of Section 414(h)(2) of the Internal Revenue Code (IRC) are applicable to
contributions designated as employee contributions and shall not be subject to taxation
until the time of constructive receipt.
C. Tier 1 and Tier 2 bargaining unit members shall receive retirement
benefits pursuant to any agreements between the City and CaIPERS.
D. Effective February 1, 2013, the City eliminated the nine percent
(9%) contribution to employees for the CaIPERS Employer Paid Member Contribution
(EPMC) benefit.
15. On-Call/Call-Back/Standby. 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 at any time within the first two (2) hours of on-call, the time
worked will be deducted from the two (2) hours on-call minimum. If the call-back occurs
7 MCC 10.06.14
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ITEM 7A Page 7 of 15
EXHIBIT "A"
after two (2) hours have expired, 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 two
(2) hour minimum for being on-call.
In the event an employee is subpoenaed to be on "standby" for a court
appearance, the employee will receive a minimum of two (2) hours of standby pay. If an
employee is called to court and does not go beyond noon on that day, it will be
considered part of the two (2) hours minimum 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 1300 hours, or
another time, the standby will start with the time stated on the subpoena. In those cases
where the subpoena is for 1330 hours or later, the employee's time will be computed at
the amount of time between the time on the subpoena and 1700 hours, 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.
16. Health/Related Insurance. Effective January 1, 2015, the City shall
contribute a flat rate of $508.21 per month for an employee only or $855.38 per month
for an employee + 1 or family per month to be used by employee to purchase City
medical, dental, vision, and/or life insurance. The City contribution amount is based
upon the employee's selection of available plan options. Any City contribution not used
by the employee shall revert to the City.
17. Drug and Alcohol-Free Workplace. The purpose of this provision is to
promote a drug and alcohol-free workplace and to eliminate substance abuse and its
effects in the workplace. This provision applies to all Fire Department employees when
they are on City property or when performing City-related business elsewhere.
Compliance with this provision is a condition of employment with the City. Disciplinary
action, up to and including termination, may be taken against those who violate this
provision.
A. Reasonable Suspicion Testing. The City may require a blood test,
urinalysis, or other drug and/or alcohol screening of those persons reasonably
suspected of using or being under the influence of a drug or alcohol at work. Testing
must be approved by the Director of Human Resources, the Fire Chief, or a designee.
Reasonable suspicion" is based on objective factors, such as behavior, speech, body
odor, appearance, or other evidence of recent drug or alcohol use which would lead a
reasonable person to believe that the employee is under the influence of drugs or
alcohol at work. In order to receive authority to test, the supervisor must record the
factors that support reasonable suspicion and discuss the matter with the Director of
Human Resources or department director. If there is a reasonable suspicion of drug or
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EXHIBIT "A"
alcohol abuse at work, the employee will be relieved from duty and placed on sick leave
until the test results are received.
B. Post-Accident Testing, The City may require alcohol or drug
screening following any work-related accident or any violation of safety precautions or
standards, whether or not an injury resulted from the accident or violation, provided that
the "reasonable suspicion" factors described above are present.
City Fire employees must:
1. Not report to work or be on standby or on-call status while his/her ability to
perform job duties is impaired due to on or off duty alcohol or drug use;
2. Not possess or use controlled substances (illegal drugs or prescription drugs
without a prescription) at any time, or use alcohol at any time while on City
property or while on duty for the City at any location;
3. Not directly or indirectly through a third party manufacture, sell, distribute,
dispense, or provide controlled substances to any person, including any
employee, at any time; or manufacture, sell, distribute, dispense or provide
alcohol to any employee while either or both are on duty;
4. Notify his/her supervisor, before beginning work, when taking any
medications or drugs, prescription or nonprescription, which may interfere
with the safe and effective performance of duties or operation of City
equipment;
5. Notify the Fire Chief of any criminal conviction for a drug violation that
occurred in the workplace within no more than five days after such
conviction;
6. Notify a supervisor immediately of facts or reasonable suspicions when he or
she observes behavior or other evidence that a fellow employee poses a risk
to the health and safety of the employee or others;
7. Consent to drug or alcohol testing and searches pursuant to this provision;
and
8. Follow the City's drug and alcohol-free workplace provision.
18. Labor Management Committee. The SBCPF will meet with the
Fire Department management at least once quarterly (every three (3) months) 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. The purpose of these meetings is to
- foster effective working relations between the Union and the City. The Union will
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EXHIBIT A
ITEM 7A Page 9 of 15
EXHIBIT "A"
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.
Fire Department Management shall post an agenda of items to be discussed at the
meeting. Failure of the Union to meet at a mutually agreed to date and time, absent
emergency circumstances, will be considered a waiver by the Union to discuss the
posted agenda items.
19. Uniform Allowance.
A. All members shall be required to wear an approved class B uniform
or when appropriate, a class A uniform, to promote the department's public image. Each
employee shall receive an annual allowance of $600 paid semi-annually to be spent on
the purchase and maintenance of department-approved uniforms. Said allowance shall
be paid directly to each eligible employee on the first full pay period of July and of
January. The Fire Chief or his/her designated representative shall conduct an inspection
at least once a year to ensure that each employee has uniforms and that all uniforms
meet department standards regarding safety and appearance. Employees whose
uniforms do not meet standards may be subject to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to
,,l new employees for purchase of their uniforms. If the employee severs employment with
the City or is terminated within one (1) year, the cash advance shall be deducted from
the employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the
following: The Fire Chief shall establish and maintain a set of standards for the
maintenance, care, and wearing of employee uniforms (SOP). Such standards shall be
on file in the Fire Chief's office, in each fire station, and in the Human Resources
Director's office.
D. Employees will be responsible for purchasing and maintaining
health/fitness clothes, including appropriate athletic footwear. Appropriate health/fitness
clothing will be determined through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00)
dollars, for repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the damage was
due to negligence on the part of the employee. At the time of damage, the employee will
submit a report documenting where and how the uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of
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ITEM 7A Page 10 of 15
EXHIBIT "A"
damaged items. Replacement amounts shall be prorated. The Department will establish
administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated
changes in required uniform items during the term of this agreement.
G. The City shall continue its current method of providing appropriate
duty rain gear for personnel.
20. Leave Provisions. The Fire Department shall determine the
number of personnel scheduled off on any given day. The standard for determining the
number of personnel shall be that no more than seven (7) members shall be permitted
off on vacation and/or holiday leave at any time (24-hour shift), inclusive of all holidays.
All SBCPF pre-petition accrued leave banks, whether for leave accrual or otherwise, will
be treated as general unsecured claims under the City's Plan of Adjustment.
A. Vacation. All members within the bargaining unit shall be entitled to
annual paid vacation as follows:
1. Completed Years of Days/Shifts of Rate of Accrual
Continuous Service* Paid Vacation Per Month
1 Year** 10 days or 5 shifts 0.833 working days
10 Years 15 days or 7 1/2 shifts 1.25 working days
20 Years 20 days or 10 shifts 1.667 working days
*A service year begins on the initial date of employment in a full-time,
regular status position.
**No vacation shall be granted if service is less than one (1) year.
2. When an employee resigns or otherwise leaves the service of the City and
has not used earned vacation since his/her last anniversary date, payment shall be
made to the employee for the earned portion of his/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.
3. 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.
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4. 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.)
5. Vacation credits may accrue and accumulate for a maximum of two (2)
years total on a carryover basis from year to year. Vacations or portions thereof from
any one year so accrued may run consecutively with vacations or portions thereof of the
next succeeding year, subject to the approval of the Fire Chief. 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.
6. 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 compensation for the number of hours in excess of the accrual.
7. 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.
8. 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, and
maintain compliance with all current leave provisions.
B. Holidays: All holidays for bargaining unit members shall be
scheduled prior to January 1st, for the following calendar year. Bargaining Unit
members will be permitted to have two (2) banked holidays that are not already
scheduled in advance. In order to use banked holiday days, members must obtain
approval in advance through their immediate supervisor and their Battalion Chief.
Bargaining unit members must comply with off-leave provisions.
C. 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 two (2) shifts of sick leave for shift personnel, within any calendar year
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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 two (2) shifts for shift personnel, shall be approved, except after the
presentation of satisfactory evidence of illness; and, a certificate from a practicing
physician shall be required by the Chief for approval concerning such absence.
In 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.
Limits on Sick Leave Accruals and Cash-Outs: Bargaining unit members may
only accrue a maximum of 1040 hours of sick leave. There shall be no cash-outs at the
time of separation.
21. Union Leave
A. No more than six hundred (600) hour per year may be used by
eligible Local 891 Executive Board members to conduct official union business;
including but not limited to attendance at conventions, conferences, educational training
and seminars and membership meetings.
B. The Local 891 President shall provide the Fire Chief with an
updated list of all Union Executive Board members anytime there is a change to the
Union Executive Board.
C. During the first full pay period in January each calendar year, Local
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891 President along with the Union Executive Board, Fire Chief and/or his/her designee,
and the Director of Human Resources shall meet to determine the number of Union
Leave Time hours that remain from the previous calendar year's Union Leave Time
bank and that be carried over to the next year. That number shall then be added to the
current calendar year's 600 hours of Union Leave Time. The cumulative time will not
exceed 1200 hours of Union Leave Time.
D. Union Executive Board members shall not be allowed to utilize
hours from a subsequent calendar year (borrow) and shall only use the current
calendar year's Union Leave Time hours and any Union Leave Time carried over from
the previous year. Union Executive Board members shall not begin to use the next
calendar year's Union Leave Time hours until they've exhausted the previous year's
hours.
E. A minimum of a 24 hour notice prior to requested Union Leave
Time off shall be given to an on-duty Battalion Chief. If required notice is not given to an
on duty Battalion Chief the Union Leave Time request can be denied. The on-duty
Battalion Chief may allow the Union Executive Board member requesting the Union
Leave Time off to find their own coverage for the requested time off, as long as this
coverage does not otherwise interfere with the staffing and operations of the fire
department. With the Battalion Chief's discretion, Union Time Off requests of six (6)
hours or less may remain unfilled and managed through flexible staffing.
22. Trading 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.
B. Trading of time will be solely the responsibility of the employee(s),
with the exception that they meet the criteria included herein and comply with FLSA
rules. Trading time will not be considered as a break in the 24-day work period. Each
individual employee shall be responsible for their assigned shift; the Department will
only monitor the trades to ensure they comply with this term. Employees who are not
able to meet their agreed upon trade commitments will be responsible for notifying their
trade counterpart and working out a solution that complies with the current practices.
23. 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.
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24. Paramedic Assignment. P-2 Paramedic/Firefighters 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.
25. Term. With the exception of specific time frames and effective
dates for specific terms set forth above, the above terms and conditions of employment
shall be effective October 7, 2014.
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