HomeMy WebLinkAbout19- Human Resources CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
F EDWARD S. RAYA Subject: RANDUM OF UNDERSTANDING BETWEEN
Dept: HUMAN RESOURCES THE CITY OF SAN BERNARDINO AND
O CPT EMPLOYEES IN THE FIRE SAFETY
Date: MAY 18, 1999 EMPLOYEES' BARGAINING UNIT
REPRESENTED BY SAN BERNARDINO
Synopsis of Previous Council Action: CITY PROFESSIONAL FIREFIGHTERS,
LOCAL 891
June 4, 1997 -The Mayor and Common Council approved a contract on the Fire Safety
Employees' bargaining unit.
February 1, 1999 - Mayor and Common Council (Closed Session)
March 15. 1999 - Mayor and Common Council (Closed Session)
May 17, 1999 — Mayor and Common Council (Closed Session)
Rt---,nmended Motion:
Adopt Resolution.
C
Sigrr6turb
Contact Person: EDWARD S. RAYA Phone: 384-5161
Supporting Data Attached: YES Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct No)
(Acct Description)
Finance:
�cil Notes:
Agenda Item No.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
The contract with the Fire Safety employees expired on December 31, 1998. The City
Team and the San Bernardino City Professional Firefighters, Local 891, held seven (7)
negotiation sessions. On May 5, 1999, both sides reached tentative agreement on a
successor Memorandum of Understanding (MOU).
Attached is the Fire Safety Employees' MOU. The term of the new MOU is from
January 1, 1999, to December 31, 2003.
The Mayor and Common Council approved the economic benefits package described
below on May 17, 1999. The MOU also contains several language changes on non-
economic items.
Special Assignment Pa v Beginning January 1, 2000, all employees assigned to
the following duty shall receive special assignment
pay at the rate of $50 per month: Shift Arson
Investigators; Certified Hazardous Material
Specialists; Certified Breathing Apparatus
Technicians; and, FLSA Statistician.
Educational Incentive Effective January 1, 2000, all members shall be
entitled to receive in addition to their regular pay one
of the levels of incentive pay as follows: $50
additional compensation for Firefighter II Certificate;
$150 additional compensation per month for Fire
Officer Certificate; and, $250 additional compensation
per month for Chief Officer Certificate.
Bilingual Pa v Beginning July 1, 1999, each full-time employee who
meets the City's bilingual certification and eligibility
requirements shall be compensated at the rate of
$50/month.
Health Related Insurance As of December 1, 1999, the City will contribute an
additional $50/month toward health premiums for unit
employees the total of the Kaiser South premium and
the Delta Dental High Option plan premium.
As of December 1, 2001, the City will contribute an
additional $50/month toward health premiums for unit
employees the total of the Kaiser South premium and
the Delta Dental High Option plan premium, for a total
of$100/month.
Retirement Plan Effective January 1, 2000, 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.
Two-Tier Retirement For any employee hired on or after July 1, 1997,
through December 31. 1999, the City will pay five
percent (5%) of the members' contribution to PERS
credited to the employee's account as a fringe benefit.
Upon said employees completing five (5) years of
service, the City will pay nine percent (9%) of the
members' contribution to PERS credited to the
employee's account as a fringe benefit on the first pay
period of the sixth year of service.
Tuition Reimbursements 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.
Payment for Unused
Sick Leave The City will compensate 50 percent of all
accumulated, unused sick leave for employees with
five (5) years of continuous service with the City.
Union Leave Employees elected to the Union Board shall be
granted a total of 600 hours total time off to perform
official Union functions.
Military Leave Effective with the signing of the new MOU, all
employees in the Fire Safety Unit will be
compensated while on temporary military leave of
absence.
Attachment: Resolution Implementing Memorandum of Understanding Between the
City of San Bernardino and Employees in the Fire Safety Employees' Bargaining Unit
Represented by San Bernardino City Professional Firefighters, Local 891.
�r�
COPY
1 Resolution No.
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
4 BERNARDINO AND EMPLOYEES IN THE FIRE SAFETY EMPLOYEES' BARGAIN INC
UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINC
5 CITY PROFESSIONAL FIREFIGHTERS, LOCAL 891.
6 WHEREAS the designated representatives of the Mayor and Common Counc:
7 met and conferred in good faith with representatives of San Bernardino Cit.
8
Professional Firefighters, Local 891, representing the unit of Fire Safety employees c
9
10 the City of San Bemardino, in accordance with the provisions of Government CodE
11 Sections 3500-3510, to agree upon a new Memorandum of Understanding (MOU);
12 WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a cop}
13 of which is attached hereto and incorporated herein) effective January 1, 1999 througl-
14 December 31, 2003.
15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITI
16
OF SAN BERNARDINO AS FOLLOWS:
17
18 SECTION 1. Exhibit A to this Resolution is hereby adopted establishing wages.
19 hours and working conditions for employees in the Fire Safety employees' bargaininc
20 unit of the City of San Bernardino.
21 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the
22 Mayor and Common Council of the City of San Bernardino at a meetinc
23
thereof, held on the day of 1999 by the following vote tc
24
wit:
25
26
27
28
i
1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING . . . SAN BERNADINO CITY
2 PROFESSIONAL FIREFIGHTES, LOCAL 891.
3
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of , 1999, by the following vote,
7 to wit:
8 COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
9 ESTRADA
10 LIEN
11 MCGINNIS
12 SCHNETZ
DEVLIN
13
ANDERSON
14 MILLER
15
16
17 City Clerk
18 The foregoing Resolution is hereby approved this of
19 ' 1999.
20
21 Judith Valles, Mayor
22 City of San Bernardino
23 Approved as to form and
Legal content:
24
25 JAMES F. PENMAN,
City Attorney
26 .�
27 By: �i ► .
28
JANUARY 1, 1999 TO
DECEMBER 31, 2002
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 17
Section 11 Locker Search 17
Section 12 Use of City Resources 17
Section 13 Safety Committee 18
Section 14 Labor Management Committee 18
Section 15 Constant Staffing 18
Section 16 Union Security 18
Section 17 Workers' Compensation Injury 19
ARTICLE III COMPENSATION 20
Section 1 Salaries 20
Section 2 Special Assignment Pay 20
Section 3 Educational Incentive Pay 21
Section 4 Bilingual Pay 21
Section 5 Overtime 21
Section 6 Retirement Plan 22
Section 7 On-Call/Call-Back/Standby 23
Section 8 Court Fines 24
ARTICLE IV FRINGE BENEFITS 24
Section 1 Health/Related Insurance 24
Section 2 Work Uniforms 25
Fire Safety MOU
i
ARTICLEISECTION TITLE PAGE
Section 3 Tuition Reimbursement 26
Section 4 Deferred Compensation 26
Section 5 Safety Equipment 26
Section 6 Replacing/Repairing Personal Property 27
Section 7 Vacation and Holiday Sell-Back 27
ARTICLE V LEAVE PROVISIONS 27
Section 1 Vacation 27
Section 2 Holidays 29
Section 3 Sick Leave 30
Section 4 Union Leave 30
Section 5 Trading Time 31
Section 6 Military Leave 31
ARTICLE VI WORKING CONDITIONS 32
Section 1 Workweek 32
Section 2 Probationary Period 32
Section 3 Seniority 32
Section 4 Reemployment 32
Section 5 Physical Examinations 32
Section 6 Paramedic Assignment 33
Section 7 Related Work Standards 33
ARTICLE VII GENERAL PROVISIONS 33
Section 1 Severability 33
Section 2 Term 34
Section 3 Notice of Intent to Reopen 34
Section 4 Prevailing Benefits 34
Section 5 Maintenance of Benefits 34
Signature Page 35
Index 36
Fire Safety MOU
ii
ARTICLE I -ADMINISTRATION
Section 1 - Definition of Terms
Administration: Shall include any elected or appointed official of the City and any
employee of the City whose job classification is Management or
Confidential employee.
Appointing Fire Chief, Deputy Fire Chief or Assistant Chief of the City of San
Authority: Bernardino Fire Department.
City: The City of San Bernardino.
Classification: 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.
Department: San Bernardino City Fire Department.
Division: Division shall refer to any one of the major Divisions of the
Department.
Employee Public The term "employee" shall include all Safety personnel within the Fire
Safety Officer: Department bargaining unit.
Employee San Bernardino City Professional Firefighters, Local 891
Organization:
Employer: Shall include the City of San Bernardino, the Fire Department or any
Management or Administrative representative or Elected Official
thereof.
Mandatory and A "shall" is mandatory, a "may" is permissive.
Permissive:
Member: Shall include Fire Safety Personnel as defined by Section No. 20433
of the Government Code in the classifications listed herein.
MOU: Memorandum of Understanding.
Shift: 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.
Singular and Plural: The singular also includes the plural.
Fire Safety MOU
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Section 2 - Recognition
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
Bernardino 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 - Management Rights
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 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;
Fire Safety MOU
4
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 employees 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 - Agency 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 - Employees' Rights
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:
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.
Fire Safety MOU
5
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 - Payroll 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 level$ 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.
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
Fire Safety MOU
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}
F
discretion or the employees have grossly abused the grievance process. Retaliation
against any employee for filing a grievance in good faith is strictly prohibited.
i
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 pay
or 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
`I 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, provided however, that an affected
employee may file a grievance alleging a violation of this MOU or any other written
City law, rule or policy, and may advance any such grievance to the next step in this
3
grievance procedure, only with the consent of the Union through its President and/or
such officers whom the Union designates as officers with that authority.
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.
Representation: 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
7
grievance procedure. No person hearing a grievance need recognize more than one (1)
representative for any employee at any one (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
5 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
j 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 reviewing official does not respond within the time limits specified. A
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
Fire Safety MOU
7
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
and/or 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 Designee: 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 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.
Fire Safety MOU
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Step 4. Review by 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,
I to the employee and/or the Union within the required time limitation after the meeting.
Step 5. City Administrator:
x 1. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the City Administrator or his/her designated representative within the
required time limitation from the date of delivery of said answer.
2. The City Administrator or his/her designated representative shall
deliver his/her decision in writing within the required time limitation after receipt of the
appeal.
} 3. The decision of the City Administrator 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.
7
Section 3 - Employee Representatives
When requested by a member of the unit, a job representative may investigate any
3 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
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Section 4 - Investigation Rights
j
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
l 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.
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i
`$ 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
9 9 P
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
l 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
Fire Safety MOU
10
and record any 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
j 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
f 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 Rights; 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 and order, the agency may officially charge him with
insubordination.
i
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.
a
a 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 Ries
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 - Polygraph 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 - Drug and Alcohol Testing
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
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substance abuse.
A. 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 abuseldependency 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.
B. 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.
PROCEDURE: The department will test any on-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.
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
drug/alcohol intoxication, and to document his/her observations or other reasons
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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 (f).
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 measuring
with a Gas Chromatograph Intoximeter (GCI). Two breath samples will be taken and
measured by the GCI 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 GCI testing. The
specimen shall be collected, stored and tested in the same manner 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.
i
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
I
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
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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 Screening Process: The specimen shall be screened using
a 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 1000 ng/ml
Cocaine 300 ng/ml
Cannabinoids (marijuana, THC) 50 ng/ml
Opiates (heroine, morphine and codeine) 300 ng/ml
Phencyclidine (PCP) 25 ng/ml
Alcohol .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
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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 300 ng/ml
Cocaine 50 ng/ml
Cannabinoids (marijuana, THC) 20 ng/ml
Opiates (heroine, morphine and codeine) 300 ng/ml
Phencyclidine (PCP) 25 ng/ml
Alcohol .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 chief s designee the
results of that evaluation.
L. The Fire Chief or the Fire Chief s 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.
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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 his/her 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
for 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 internal 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;
C. Information regarding Union special, recreational and related bulletins;
D. Reports of official business of Union including reports of committees or the
Board of Directors;
E. Pay scales, job announcements, promotion lists, etc.;
F. Such other items as may be approved by the Department management upon
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request of the Union.
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
accidents/incidents, 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 accident/incident 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 Management 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 Staffing
The Fire Department will maintain its authorized daily constant staffing position
vacancies through off-duty personnel on an overtime basis.
Section 16 - Union Security
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
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B. It is recognized that an employee may or 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, Paramedic/ 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 California 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
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
Fire Safety MOU
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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. Employees in the classification of P-1 and P-3 may provide paramedic
service if they are certified to state and county regulations, and approved to do so
by the Fire Chief. Compensation for this additional job duty will be the amount paid
to a P-2 over a P-1 salary at the same step pay range, e.g. P-2 step 3 minus P-1 step
3 = the compensation.
H. As per past practice, the following shall be included in computing the
salary formula: EMT Pay
Section 2 - Special Assignment Pay
Beginning January 1, 2000, all 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.
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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.
Section 3 - Educational Incentive Pay
Beginning January 1, 2000, all 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
California; 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 - Bilingual Pay
Beginning July 1, 1999, 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.
Section 5 - 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.
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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 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
paid on the next regular payday after such computation can be made.
Section 6 - 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 age 50" formula.
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. The City shall continue to pay through December 31, 1999, nine percent
(9%) of the members' contribution to PERS credited to the employee's account as a fringe
benefit, for current, active employees hired prior to July 1, 1997. "Effective January 1,
2000, Article III, Section 6(H) will replace this sub-section."
G. For any employee hired on or after July 1, 1997, through December 31,
1999, the City will pay five percent (5%) of the members' contribution to PERS credited to
the employee's account as a fringe benefit. Upon said employees completing five (5) years
of service the City will pay nine percent (9%) of the members' contribution to PERS
credited to the employee's account as a fringe benefit on the first pay period of the sixth
Fire Safety MOU
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i
credited to the employee's account as a fringe benefit on the first pay period of the sixth
year of service.
H. 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 Government 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 §414(h)(2)). The employee 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.
I. 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 7 - 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 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 of time 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
Fire Safety MOU
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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 8 - 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.
ARTICLE IV - FRINGE BENEFITS
Section 1 - Health/Related Insurance
A. The City shall contribute monies toward health premiums for the employee
plus one (1) dependent, at the rate equivalent to the Kaiser South premium. In addition,
the City will provide payment at the rate of the Delta Dental High Option plan or its
equivalent 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 the rate equivalent to the Kaiser South premium for
employee only and the Delta Dental High Option plan or its equivalent for Employee Only,
for employees with no dependents.
The effective date for health insurance open enrollment to the transactions
is currently January 1 st of each year. This date is established by the Public Employees'
.Retirement System (PERS) and is subject to change. As of January 1, 1999, the City will
contribute toward health premiums for unit employees the total of the Kaiser South
premium and the Delta Dental High Option plan premium.
As of December 1, 1999, the City will contribute toward health premiums
for unit employees the total of the Kaiser South premium and the Delta Dental High
Option plan premium plus an additional $50/month.
As of December 1, 2001, the City will contribute toward health premiums
for unit employees the total of the Kaiser South premium and the Delta Dental High
Option plan premium plus a second additional $50/month for a total of$100/month.
Any contribution not utilized by an employee shall revert to the City.
B. Insurance benefits available for purchase by employees include medical,
Fire Safety MOU
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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, the City shall contribute
a maximum of $16 per month per retiree 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
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.
1. 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
Fire Safety MOU
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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.
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.
Eligibility: 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 Equipment
All employees who are required by state law to have safety equipment will be
Fire Safety MOU
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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.
Section 6 - Replacing/Repairing 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 Holiday 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.
Individuals 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.
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.
Section 1 -Vacation
All members within the bargaining unit shall be entitled to annual paid vacation as
follows:
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A. 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.
**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 uneamed
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 any one year so accrued may run consecutively with vacations or
portions thereof of the next succeeding year, subject to the approval of the appointing
authority. Employee's 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
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.
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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 - Holidays
All members within the bargaining unit shall be entitled to 12 holidays per year or
six (6) 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.
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
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
Fire Safety MOU
29
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.
Payment 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 B and 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 /or 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 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.
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Section 5 -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 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 employee who shall enter the Armed forces of the United States
during war or national emergency, as declared by the President or the Congress of
the United States, shall be entitled to a leave of absence without pay during such
service and for a period of 90 days thereafter. Every such employee and/or officer
returning to the City within the time herein specified, and who has been honorably
discharged from such service shall be reinstated without loss of status or seniority,
provided they are not physically or mentally incapacitated from performing the
duties of said office or position.
B. Compensation of employees on temporary military leave of absence is
found in the Military & Veterans Code Section 395.01 which currently provides in part
as follows:
"Any public employee who is on temporary military leave of
absence and who has been in the service of the public agency
from which the leave is taken for a period of not less than one
year immediately prior to the day on which the absence begins
shall be entitled to receive his salary or compensation as such
public employee for the first 30 calendar days of any such
absence. Pay for such purposes shall not exceed 30 days in any
one fiscal year. For the purposes of this section, in determining
the one year of public agency service, all service of said public
employee in the recognized military service shall be counted as
public agency service."
Fire Safety MOU
31
C. All persons appointed to fill such position during war or such national
emergency, shall be temporary appointees only.
D. In the event of circumstances. which require reserve "call-up," the City
will meet and confer with the Union over the impact of the call-up on unit members.
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
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.
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 - Reemployment
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.
Section 5 - Physical Examinations
The City shall pay medical fees for the physical examination of any firefighter when
such examination is required and directed by the City.
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32
Section 6 - 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.
Compensation: See Article III, Section 1G. 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
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
Fire Safety MOU
33
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, 1999, through December 31, 2002.
Section 3 - Notice of Intent to Reopen
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 - Prevailing 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
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P
i
FIRE SAFETY EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1999-2002
Mayor San Bernardino City Professional
City of San Bernardino Firefighters' Local 891
City's Designated Representative
ATTEST:
City Clerk
Approved as to form
and legal content:
Attorney
Fire Safety MOU
35
I
INDEX
Subiect Page
AgencyPersonnel Rules .................................................................................................4
ArsonPay......................................................................................................................21
Breathing Apparatus Tech Pay......................................................................................21
BilingualPay..................................................................................................................21
CityComputers..............................................................................................................17
CourtFines....................................................................................................................24
ConstantStaffing...........................................................................................................18
Deferred Compensation.................................................................................................26
Definitionof Terms ..........................................................................................................3
Drugand Alcohol Testing ..............................................................................................12
Educational Incentive Pay .............................................................................................21
Employee Representatives..............................................................................................9
Employees' Rights ...........................................................................................................5
FinancialDisclosure.......................................................................................................17
FLSAStatistician Pay....................................................................................................21
Grievance Procedure.......................................................................................................6
HazMat Pay..................................................................................................................21
Health/Related Insurance ..............................................................................................24
Holidays.........................................................................................................................29
InvestigationRights .......................................................................................................10
Labor Management Committee .....................................................................................18
Leave Provisions (Sick Leave, see Pg.30 ) ...................................................................29
LockerSearch................................................................................................................17
Maintenance of Benefits................................................................................................34
ManagementRights.........................................................................................................4
MilitaryLeave.................................................................................................................31
Nondiscrimination ..........................................................................................................11
Notice of Intent to Reopen.............................................................................................34
On-Call/Call-Back/Standby............................................................................................23
Overtime........................................................................................................................21
ParamedicAssignment..................................................................................................33
Payment of Unused Sick Leave.....................................................................................23
PayrollDeductions...........................................................................................................6
PersonnelFiles..............................................................................................................11
PhysicalExaminations...................................................................................................32
PoliticalActivity..............................................................................................................12
Polygraph Examination..................................................................................................12
PrevailingBenefits.........................................................................................................34
ProbationaryPeriod .......................................................................................................32
Reemployment...............................................................................................................32
Fire Safety MOU
36
Subiect Pape
Recognition......................................................................................................................6
RelatedWork Standards ...............................................................................................33
Replacing/Repairing Personal Property.........................................................................27
RetirementPlan.............................................................................................................22
SafetyCommittee..........................................................................................................18
SafetyEquipment ..........................................................................................................26
Salary.............................................................................................................................20
Seniority.........................................................................................................................32
Severability....................................................................................................................33
SickLeave.....................................................................................................................30
SpecialAssignment Pay................................................................................................20
Term ..............................................................................................................................34
TradingTime..................................................................................................................31
TuitionReimbursement..................................................................................................26
UnionLeave...................................................................................................................30
UnionSecurity ...............................................................................................................18
Useof City Resources...................................................................................................17
Vacation...............:.........................................................................................................27
Vacation and Holiday Sell-back.....................................................................................27
WorkUniforms...............................................................................................................25
Workweek......................................................................................................................32
Workers' Compensation Injury.......................................................................................19
Fire Safety MOU
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTIM
From: EDWARD S. RAYA Subject: RESOLUTION IMPLEMENTING MEMO-
RANDUM OF UNDERSTANDING BETWEE:
Dept: HUMAN RESOURCES THE CITY OF SAN BERNARDINO AND
EMPLOYEES IN THE FIRE SAFETY
Date: MAY 18, 1999 EMPLOYEES' BARGAINING UNIT
REPRESENTED BY SAN BERNARDINO
Synopsis of Previous Council Action: CITY PROFESSIONAL FIREFIGHTERS,
LOCAL 891
June 4, 1997 - The Mayor and Common Council approved a contract on the Fire Safety
Employees' bargaining unit.
February 1, 1999 - Mayor and Common Council (Closed Session)
March 15. 1999 - Mayor and Common Council (Closed Session)
May 17, 1999 — Mayor and Common Council (Closed Session)
recommended Motion:
Adopt Resolution.
Cz
tur
'.ontact Person: EDWARD S. RAYA Phone: 384-5161
Supporting Data Attached: YES Ward:
=UNDING REQUIREMENTS: Amount:
Source: (Acct No)
(Acct Description)
Finance:
:ouncil Notes:
Agenda Item No.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
STAFF REPORT
The contract with the Fire Safety employees expired on December 31, 1998. The City
Team and the San Bernardino City Professional Firefighters, Local 891, held seven (7)
negotiation sessions. On May 5, 1999, both sides reached tentative agreement on a
successor Memorandum of Understanding (MOU).
Attached is the Fire Safety Employees' MOU. The term of the new MOU is from
January 1, 1999, to December 31, 2003.
•The Mayor and Common Council approved the economic benefits package described
below on May 17, 1999. The MOU also contains several language changes on non-
economic items.
' Special Assignment Pay Beginning January 1, 2000, all employees assigned to
the following duty shall receive special assignment
pay at the rate of $50 per month: Shift Arson
Investigators; Certified Hazardous Material
Specialists; Certified Breathing Apparatus
Technicians; and, FLSA Statistician.
I
a
Educational Incentive Effective January 1, 2000, all members shall be
entitled to receive in addition to their regular pay one
of the levels of incentive pay as follows: $50
additional compensation for Firefighter II Certificate;
$150 additional compensation per month for Fire
Officer Certificate; and, $250 additional compensation
per month for Chief Officer Certificate.
Bilingual Pay Beginning July 1, 1999, each full-time employee who
meets the City's bilingual certification and eligibility
requirements shall be compensated at the rate of
$50/month.
Health Related Insurance As of December 1, 1999, the City will contribute an
additional $50/month toward health premiums for unit
employees the total of the-Kaiser South premium and
the Delta Dental High Option plan premium.
As of December 1, 2001, the City will contribute an
additional $50/month toward health premiums for unit
employees the total of the Kaiser South premium and
the Delta Dental High Option plan premium, for a total
of $100/month.
Tuition Reimbursements 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.
Payment for Unused
Sick Leave The City will compensate 50 percent of all
accumulated, unused sick leave for employees with
five (5) years of continuous service with the City.
Union Leave Employees elected to the Union Board shall be
granted a total of 600 hours total time off to perform
official Union functions.
Military Leave Effective with the signing of the new MOU, all
employees in the Fire Safety Unit will be
compensated while on temporary military leave of
absence.
Attachment: Resolution Implementing Memorandum of Understanding Between the
City of San Bernardino and Employees in the Fire Safety Employees' Bargaining Unit
Represented by San Bernardino City Professional Firefighters, Local 891.