HomeMy WebLinkAboutResolution 00-126 N.C.S. 07/17/2000Resolution No. 00-126 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY
AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1415
FOR EMPLOYEES OF UNIT 7 (FIRE)
WHEREAS, the City, through its duly authorized representatives, and the International
Association of Firefighters, through its duly authorized representatives, have concluded their
mutual obligation to meet and confer in good faith with respect to terms and conditions of
employment for the employees in Unit 7, in accordance with the Meyers-Milas-Brown Act and
the City's Employer-Employee Relations Rules and Regulations (Resolution No. 5512 N.C.S.);
and
WHEREAS, the duly authorized representatives of the City and the International
Association of Firefighters have executed a Memorandum of Understanding pursuant to Section
15, Resolution No. 5512 N.C.S. and recommend its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28, City of Petaluma Charter, and as
the City's Municipal Employees' Relations Officer (Resolution No. 5375 N.C.S.) is required and
empowered to make a recommendation to the City Council on matters related to employees'
compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said Memorandum of
Understanding for Unit 7, and does recommend that the City Council ratify said Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED, the Memorandum of Understanding, being in
the best interest of the City, is ratified and the terms and conditions of said Memorandum of
Understanding shall be effective July 12, 1999 through June 30, 2004.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting rm
on the ........1.7 .............. day of ........lUly........................................, 2((~Q.., by the
following vote: •••••••• •••• • •••• ••y•••••••
~ Attorne
AvES: Cader-Thompson, Hamilton, Healy, Keller, Maguire, Mayor Thompson,
Vice Mayor Torliatt
NOES:
None
ABSENT: NO
ATTEST: ..................................... ........ ................................. ............... ............................................................................
City Clerk ~~~ ~ Mayor
Council File ...................................
Res. Nu.......(7~-126 ..............N.C.S.
July 14, 2000
CITY OF PETALUMA, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
UNIT 7
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 1415, PETALUMA
Fiscal YEARS 1999-2004
Memorandum of Understanding: Unit 7
July l4, 2000
~~ ABLE C?F' CONTENTS
PREAMBLE
GENERAL
Section 1: Definition of Terms
Section 2: Term of Agreement
Section 3: Union Business
Section 4: Union Security
Section 5: Discrimination
Section 6: Union Activity
Section 7: Americans with Disability Act
Section 8: Bulletin Boards
Section 9: Use of City Facilities
HOURS OF WORK
Section 10: Work Weelc
Section 11: Light Duty
Section 12: Minimum Staffing
COMPENSATION
Section 13: Salary
Section 14: Step Advancement
Section 15: Overtime
Section 16: Out of Grade Pay
Section 17: Retirement
Section 18: Retirement Conversion
Section 19: Uniform Allowance
Section 20: ~ Holiday Pay
Section 21: Vacation, Payment at Termination
Section 22: SiclcLeave Usage and Payment at Retirement
Section 23: Education Incentive
Section 24: Deferred Compensation
Section 25: Class B Driver's License
Section 26: Retiree Benefits, Payment of
Section 27: Retiree Disability Payments, Payment of
Memorandum of Understanding: Unit 7 2
July 14, 2000
Section 28: Bilingual Pay, Spanish
Section 29: Medical Cash Back
rTABLE OF CONTENTS~'(Con~~inuLi>>
INSURANCE
Section 30: Health Insurance
Section 31: Other Health and Welfare Benefits
Section 32: Dental Insurance
Section 33: Life Insurance
Section 34: Long-Term Disability Insurance
Section 35: Vision Insurance
Section 36: Personal Exposure Reporting
Section 37: Employee Assistance Program
Section 38: Physicals, Class B
LEAVES
Section 39: Vacation
Section 40: Sick Leave
Section 41: Sick Leave Transfer
Section 42: Bereavement Leave
Section 43: Military Leave
Section 44: Leave of Absence without Pay
Section 45: Jury Leave
Section 46: Shift Trade
Section 47: Pregnancy Disability Leave
Section 48: Family Medical Leave Act
Section 49: Union Time Bank
OTHER
Section 5.0: Fire Inspector
Section 51: Certificate /License, Loss of
Section 52: Firefighter Openings
Section 53: Promotional Testing. and Job Classifications
Section 54: Paramedic Liaison
Section SS: Safety Committee
Section 56: Personnel Files
Section 57: Alcohol /Drug Free Worlc Place
Section 58: Layoff Procedure
Memorandum of Understanding: Unit 7 3
July 14, 2000
Section 59: Grievance Procedure
Section 60: Discipline
Section 61~: Communication Process
Section 62: Savings Clause
Section 6~; Complete Agreement
i F' I~L3EA~V1t3LE
This document represents the final and complete agreement resulting from Meet and
Confer sessions between the City of Petaluma and International Association of Fire
Fighters, Local No. 1415 (Petaluma) Unit 7. This Document supersedes all prior
Memoranda of Understanding.
Representatives of the City and Unit 7 acknowledge that they have fulfilled their mutual
and respective obligations to Meet and Confer under the Meyer-Milias-Brown Act. As a
result, the parties have come to a mutual understanding which the representatives of the
City and Unit 7, who have approval of their members, agree to recommend for
acceptance and approval to the City Council of the City of Petaluma. The City
recognizes t11e Union as the .exclusive bargaining representative for employees occupying
the following classifications: Firefighter, Firefighter Paramedic, Fire Engineer, Fire
Captain, and Fire Inspectors herein referred to as "represented members" or "members."
The parties affix their signatures as constituting mutual acceptance and recommendation
of this Memorandum of Understanding to become effective July 12, 1999 upon
acceptance and approval of the City Council.
Memorandum of Understanding: Unit 7
July l4, 2000
SECTION 1 -DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another
meaning.
ADVANCEMENT shall -mean a salary increase within the limits of a pay range
established fora job classification. .
ALLOCATION shall mean the assignment of a single position to its proper job
classification in accordance with the duties performed, and the authority and
responsibilities exercised.
ANNIVERSARY DATE shall mean.a~} the anniversary of the date of the employee's
first regular -probationary appointment with the City.
APPLICANT shall mean a person who has filed an application to take a promotional..
exam with t11e City.
APPOINTING AUTHORITY shall mean the City Manager or his/her delegate who, in
his/her individual capacity, have. the final authority to make the appointment to
the regular position to be filled.
ASSESSMENT CENTER shall mean that.part of the examination process conducted by a
competent board to evaluate the candidate's education, experience, and general
qualifications pertinent to the position for which examined. Generally this will
consist of a series of elements designed to give an overall view of a candidate.
BULLETIN BOARD shall mean the official posting place for Union notices 'as
prescribed by this MOU.
CERTIFICATION OF EMPLOYMENT LIST shall mean the furnishing of names. by the
Personnel Officer of eligible, available candidates for employment from an
Employment List in the manner prescribed in the City of -Petaluma Personnel
Rules and Regulations.
CERTIFICATE/LICENSE shall mean a document certifying that one has fulfilled the
requirements within the scope of that certification or license.
Memorandum of Understanding: Unit 7
July l4, 2000
CITY shall mean the City of Petaluma.
CITY MANAGER shall mean the City Manager of Petaluma.
CLASSIFICATION shall mean all positions similar as to duties, authority, and
responsibility, to permit grouping under a common title and the application with
equity of common standards of selection, transfer, promotion, and salary.
CLASSIFICATION PLAN shall mean all regular positions in the competitive service
defined by classification specification including title.
COMPETITIVE SERVICE shall mean all regular positions of employment in the service
of the City except those specifically excluded by ordinance.
DEMOTION shall mean the movement of an employee from one classification to a lower
classification.
DEPARTMENT HEAD. shall mean the individual who is designated the administrative
head of a department.
DISCIPLINE shall mean a range•of corrective actions that may be progressively more
severe designed to correct negative behaviors, job performance or misconduct in
which the level or action taken fits the nature of the problem.
DISMISSAL shall mean the termination of employment for cause by the appointing
authority.
ELIGIBLE shall mean a person whose name is on an Open Employment List or
Promotional Employment List.
EMPLOYMENT LIST:
A. Open employment list: A list of names of persons who have taken an open
- competitive examination for a job classification in the competitive
service and have qualified.
B. Promotional employment list: A list'of names of persons who have taken a
promotional examination for a job classification in the competitive service
and have qualified.
EXAMINATION:
A. Open -competitive examination: An examination for a particular
classification, which is open to all persons meeting the qualifications for
the classification.
Memorandum of Understanding: Unit 7 6
July 14, 2000
B. Promotional examination: An examination for a particular classification
admission to the examination being limited to regular and probationary
employees in the competitive service who meet nuaTificaton for the
classification.
C. Continuous examination: An open -competitive examination which is
administered .periodically and as a result of which .names are placed on an
employment list, in order of final scores, for a period of not more than one
year.
FLSA WORK PERIOD shall mean atwenty-eight (28) day work cycle that includes two
(2) pay periods.
LAYOFF shall mean the separation. of employees form the active workforce due to the
lack of work or funds, or to the abolition of positions due to organizational
changes:
MEET AND CONFER shall mean that process to reach agreement on matters within the
scope of representation as defined by the Meyers - Millias - .Brown Act:
MINIMUM QUALIFICATIONS shall mean the. lowest acceptable degree of skill,
education, abilities, experience, and personal and physical characteristics, which
are prescribed for the selection of an appointee to fill a position vacancy:
ORAL EXAMINATION shall mean a competitive examination administered orally.
ORAL INTERVIEW .shall mean that part of a examination process conducted by a
competent board or individual to evaluate the candidate's education, experience,
and general qualifications pertinent to the position for which. examined.
OVERTIME PAY shall means payment to an employee for work in excess of the regular
workday.
OVERTIME WORK shall mean work performed in excess of the regular workday.
PASSED OVER shall mean the rejection of a certified name solely for the reasons of the
selection for the appointment of a certified name with a lower position on the
Employment List.
PERSONNEL OFFICER shall mean the City Manager or a duly authorized
representative.
PAY PERIOD shall mean a fourteen (14) day period of time corresponding with the
City's published "Schedule of Pay Periods.
POSITION shall mean a Regular Position in the Classified Service.
Memorandum of'Understanding: Unit 7
July l4, 2000
PROBATIONARY EMPLOYEE shall mean an employee assigned to a regular position
for a probationary period.
PROBATIONARY PERIOD shall mean a working test period during which an employee
is required to demonstrate ~ competency for the duties in which appointed
by actual performance of the duties in a regular position.
PROMOTION shall mean the movement of an employee from one classification to
another classification having a higher maximum rate of pay.
PROMOTIONAL PROBATIONARY PERIOD shall mean the first one (1) year of an
employee's service in a promotional position.
RECLASSIFICATION shall mean a change of an employee's status from a position in
one classification to another position in a different classification. ° ~~~~
nn amr~~~~ma~n ~~~ n~onm~n
REGULAR EMPLOYEE shall mean an employee who has successfully completed the
probationary period and has been retained by the City.
REGULAR POSITION shall mean a position created by the City Council and assigned to
an existing classification within the classification plan.
RELIEF FROM DUTY shall mean the temporary assignment of an employee to a status
of leave with pay.
RESIGNATION shall mean the voluntary termination of employment of any employee.
ROTATION is defined as three (3) duty shifts assigned in a nine (9) day interval.
SENIORITY shall mean that time from the date of hire within the Fire Department of
those classes represented within this MOU.
SUSPENSION shall mean the temporary separation .from the service of an employee
without pay, for disciplinary purposes.
TRANSFER shall mean a change of an employee from one position to another position
in the same classification or in a comparable classification.
UNIT shall mean the appropriate grouping of classification based on the community of
interests among such employees as determined by City of Petaluma.
WRITTEN EXAMINATION shall mean that part of an examination process conducted
through a written test to evaluate the candidate's education, experience, and
general qualifications pertinent to the position for which examined.
Memorandum of Understanding: Unit 7
July l4, 2000
SECTION 2 - TERM OF AGREEMENT
This Memorandum of Understanding shall be for the period commencing on July 1, 1999
==~'+t, „a^ +'^~ ~.=t thA n;+=~ r^„~,.;i and continuing through June 30, 2004.
The parties will commence meeting and conferring for a subsequent Memorandum of
Understanding not later than the end of Apri12004, and. will endeavor to reach an
agreement in a written Memorandum of Understanding. for submission to the City
Council for its Final Budget for the. subsequent Fiscal Year.
SECTION 3 -UNION BUSINESS
City employees who are official representatives of the Union shall be given' reasonable
time off with pay to attend meetings with management representatives, or to be present at
hearings in which matters within the. scope of representation are being considered. The
use of official time for this purpose shall be reasonable and .shall not:interfere with the
performance of the City services as determined by City Management: The. Union may
select not more than two on duty ~~le3~e~ members of such organization to attend
scheduled meetings with the City for the above lid purposes.
During the workday, Monday -Sunday 0800 to 1700 hours, routine or standard Union.
business shall not interfere with the performance of City services as determined by City
Management. Unit representatives will conduct routine business,. research. and /' or Union
work related items off duty or after those hours designated'as the workday.
SECTION 4 -UNION SECURITY
A. Introduction. The following modified Union Shop procedures' shall apply to all
employees represented by the Union.
(1) Limitation ofProvision. Government Code Section 3502.5 limits the term
of organizational security agreements iii a local public agency to three (3)
years. This provision may be rescinded in accordance with the terms of
Government Code Section 3502.5(b).
(2) Duty of Representation: The Union agrees that.it has the duty to provide
`fair and non-discriminatory representation to all Bargaining Unit
employees regardless of whether they are members of the Union.
(3) Applicability. T11e provisions of t11is section shall not apply during
periods during which an employee. is separated from'the Representation
Unit, including, but not.limited to, transfers, layoff and leaves of absence
without pay.
Memorandum of Understanding: Unit 7 9
July ]4, 2000
(4) Union Certification. The. Union certifies that it has adopted, implemented,
and will maintain procedures in .accordance with all applicable statutes,
decisions by the courts of competent jurisdiction, and other applicable
legal authority.
(5) Change in Law. In the event there is a change in law whereby any
provision contained in this section becomes invalid, or in the event any
provision. in this section is determined to be unlawful, the parties shall
meet and confer within thirty (30) days to negotiate a substitute provision
which conforms to the law or court decision.
B. Union Membership or Payment of Agency Fee.
All Bargaining Unit employees shall, as a condition of continued employment,
either:
(1 Become and remain a member of the Union;
(2) Pay to the Union. an agency fee in an amount which does not exceed an
. amount that may be lawfully collected under applicable constitutional,
statutory, and case law, which amount shall be less than the monthly dues
paid by members of the Union during the duration of this MOU, it being
understood that it shall be the sole responsibility of the Union to determine
an Agency Fee which meets the above criteria; or
(3) Religious Objection. For employees who are a member of a bona fide
religion, body or sect which has historically held conscientious objections
to j oining or financially supporting public employee organizations as a
condition of employment, such employee shall not be required to join,
maintain membership in, or financially support the Union. Such employee
shall, in lieu of payment of dues or agency fee to the Union, pay a charity
fee in an amount no greater than such agency fee to one of three
negotiated non-religious, non-labor, charitable funds that are exempt from
taxation.under Section 501 (c) (3) of the Internal Revenue Code, which
has been selected by the employee from the following:
Petaluma Peoples Service Center Meals on Wheels
Hospice of Petaluma
Petaluma Peoples Service Center Senior Nutrition Site
C. Hudson Procedure. The. Union shall provide to -the City a copy of its "Hudson
Procedure" for the determination and' protest of its fees. The Union shall provide
a copy of this procedure to every Bargaining Unit member covered by this MOU
within ten (10) days of the signing of this agreement. The City shall provide to
the Union a list of those employees who are Union members with the monthly
payment of deductions by the City to the Union. Annually thereafter, and as a
condition to any change in the Union's fees, the Union shall provide each member
Memorandum of Understanding: Unit 7 10
July l4, 2000
with a copy of the Union's "Hudson procedures" and shall provide to the City
confirmation of such mailing.
D. Opt Out Provision. Once each year, in December, or, for a new employee, at the
time he or'she commences employment with the City, each member of the
Bargaining Unit may elect to opt-out of Union membership without penalty to
.their employment with the City, on an appropriate -.form approved by the City:
The member shall thereafter have no obligation to pay Union dues arid the City
shall cease making deductions from their paycheck except as provided in B.
above.
E. Financial Reports. The union shall .keep an accurate itemized record of its
financial transactions and shall make available annually, to the City and to the
members ofthe bargaining unit; within sixty (60) .days after the end .of its fiscal
year; a detailed written financial report in the form of a balance .sheet and
operating statement, certified as to its accuracy by its president, and treasurer or
corresponding principal officer; or by a certified public accountant. Failure to file
such report. within sixty (60) days afterthe end of its fiscal year `shall. result in the
termination. of all agency fee deductions, without jeopardy to the employee,. until
such report is filed.
F. Payroll Deductions. Payroll deductions for Union dues shall be granted by the
City to the Union in accordance with°the following terms and procedures. ,
Deductions shall be made only~uponthe employee's written authorization on a
payroll deduction-form approved by the ;City and .shall cease in the event the
employee opts-out of Union membership in accordance with paragraph E.
(1) Authorization Subject to the Opt-Out Provision of paragraph E above, all
new employees who are hired.into job classifications in this unit may, at
the time of hire execute. an authorization for the payroll deduction for
Union dues. Authorization, cancellation or modification of payroll
deduction shall be made upon forms provided or approved by the City
Manager. The voluntary payroll deduction authorization shall remain in
effect until employment with the City is terminated or until. otherwise ~-
revoked in accordance with the terms of this paragraph. Employees may
authorize dues deductions only :for the Union certified as the recognized
representative of the Unit to which such employees are assigned. Any
dues deduction. authorization will automatically terminate in the.event that
the. Union's status as exclusive representative for the Bargaining Unit
members terminate..
(2) Sufficiency of Earnings. The employee's earnings. must be sufficient,
after all other required deductions are made, to cover the amount of the
deductions herein authorized. When an employee is in a non-pay status
for an entire pay period, no wthloldirigs will. be made to. cover that; pay
period from future earnings nor will the employee deposit the amount with
the City`which would have been. withheld if the employee had been in pay
Memorandum of Understanding: Unit 7
July 14, 2000
status during that period. In the case of any employee who is in a non-pay
status during a part of the: pay period, and the salary is not sufficient to
cover the full withholding, no deduction shall be made. In this
connection, all other required deductions have priority over the Union
dues deduction.
(3) Union Dues Payroll deductions shall be for a specific amount and uniform
as between employee members of the Union in the amount of 1% of the
top step Firefighter classification monthly base salary. Check-off
authorization for Union dues, which were executed prior to the execution
of this Agreement, shall remain in full force and effect.
(4) Payment to Un_ ion. Amounts deducted and withheld by the City shall be
transmitted to the officer designated in writing by the Union as the person
authorized to receive such funds at the address specified.
G. Discipline. No employee shall be disciplined under this section unless the Union
has first:
(1) Notified the employee by letter, explaining -that he/she is delinquent in
tendering the required Union fee, specifying the amount of such
delinquency, and warning the employee that. unless such Union fee is
tendered within thirty (30) calendar days, the employee will be reported by
the Union to the City for disciplinary action as provided for in this section,
and
(2) Furnished the City with written proof that the procedure set forth in
section I (1) above has been followed, and has supplied the City with a
copy of the letter sent to the employee, notice that the employee has not
complied with the request, along with the following certification:
The Union certifies that (employee's name) has failed to tender the Union fee
required as a condition of employment under the MOU, and therefore, under the
terms of the MOU, the Union requests that the City terminate the employee's
employment with the City.
H. Indemnification and Hold. Harmless. The Union agrees to indemnify, defend and
hold the City harmless against any and all claims, demands, suits, orders,
judgments, or any form of liability that may arise out of or by reason of this
section, or that arise out or by reason of, any actions taken or not taken by the
-City under this section. This includes, but is not limited to, the City's reasonable
attorneys' fees and costs. In addition, the Union shall refund to the City any
amounts paid to it in error on presentation of supporting evidence.
Memorandum of Understanding: Unit 7 ]2
July 14, 2000
SECTION 5 -DISCRIMINATION
Discrimination and/or harassment of or by an employee by or against a supervisor,
management employee or coworker, on the basis of race, religion, color, national origin,
ancestry, handicap, disability, medical condition, marital status, sex, sexual orientation or
age will not be tolerated. This policy applies to all terms and conditions of .employment,
including; but not.'lmited to, hiring, placement, promotion, disciplinary action, .layoff,
recall, transfer, leave of absence, compensation and training. Concerns or allegations by
the employee of matters of this nature shall be brought-to the attention of. the employee's
supervisor or may be referred to the Personnel Director or the City's Civil Rights Officer.
SECTION 6 =UNION ACTIVITY
There shall be no discrimination, interference, restraint; or coercion by the .City .against
any employee for his/her activity on behalf of, or membership in, .the Union.
SECTION 7 - ADANON-DISCRIMINATION
The City and the Union recognizes that the Americans with Disabilities Act and the Fair
Employment and Housing Act may require accommodation of indivduals~protected
under the Act and these accommodations must be determined on an individual,, case-by-
case basis. The•LJriion recognizes that the City has the legal obligation to meet with the
individual to be accommodated before any adjustment is made in worlting conditions.
The Union also recognizes that individual employees have rights to privacy and
confidentiality of `medical information, which the City is required to protect.
If the City determines that, in order to accommodate a member of this Unit, it
would be necessary to significantly alter, the terms and conditions of employment
of other members of the Bargaining. Unit, the City agrees to notify the Union prior
to the implementation. of any such accommodation: If the Union. disagrees with
the proposed accommodation it may, before the end of the third (3`d) business day
following such notification, request to meet with the City to discuss the
accommodation.
The Uniori understands and agrees that, in agreeing to meet in such instances,'the.
City may take those steps reasonably necessary in .the circumstances, to protect
individual employees'• rights to privacy and rights to confidentiality of medical
information. The Union agrees that .its representatives will keep information
shared in such meeting confidential and will not disclose such information to any
other member.
In the event that the City and the Union are unable to agree with respect to the
proposed accommodation, t17e Union may resort to a court of competent.
jurisdiction for any relief it believes it may be entitled to. However, until
otherwise ordered by a court of competent jurisdiction, the City may implement
Memorandum of Understanding: Unit 7 13
July ]4, 2000
the proposed accommodation if the City .and t11e Union are unable to reach
agreement.
Any accommodation provided to an_individual shall.,not establish a past practice,
nor shall it be cited or used as evidence of a past practice.
SECTION 8 -BULLETIN BOARDS
Union bulletin boards are authorized under the following conditions:
A. All material must be dated and must identify the Union that published
them.
B. Unless special arrangements are made, materials posted will be removed
thirty (30) days after the date first posted.
C. The City reserves the right to determine where bulletin boards shall be
placed. The City shall determine what portion of City provided joint use
bulletin boards are to be allocated to Union materials.
D. No materials of a libelous, racist, obscene, sexual or discriminatory nature
shall be permitted.
SECTION 9 -USE OF CITY FACILITIES
A. The Union President may, with the prior approval of the Fire Chief or his/her
designated representative be granted the use of Fire Department facilities for
meetings of employees in this Unit provided that:
Other than regularly scheduled meetings, requests for such meetings are
submitted at least twenty-four (24) hours in advance.
2. Such meetings do not conflict with other Fire Department activities.
The purpose of the meeting scheduled is provided to the Fire Chief or
his/her designated representative at the time approval is requested.
4. Such meetings shall not involve excessive or unnecessary station transfers
or result in financial responsibility to the City.
Memorandum of Understanding: Unit 7 ~ 4
July ]4, 2000
u r.T,,;
SECTION 10 -WORK WEEK
A. Duty Shifts:
The fire suppression~on-duty workweek shall be the average of fifty-six
(56) hours per workweek for the following classifications: Firefighter,
Firefighter/Pazamedic, Engineer, and Fire Captain.
2. The workweek shall consist of duty shifts that are regularly assigned and
scheduled.
A shift is defined as a continuous twenty-four (24) hour period
commencing at 08:00 and ending at 08:.00 the following day.. An
employee shall not be considered relieved from duty until he/she has been
released from his/her duty assignment by an employee who is prepared for
the duty .assignment (i:e.: in uniform, with personal protective equipment)
or relief has been approved by his/her supervisor.
4. A rotation is defined as three (3) duty shifts assigned on a recurrent nine-
(9)day cycle. It is further defined by the following example:
X = ON DUTY SHIFT
0 =OFF DUTY SHIFT
For example: XOXOX0000
B. Classifications listed in section Al above may be temporarily reassigned for up to
six (6) months to a forty (40) hour workweek depending on the needs of the
service, if mutually agreed upon between the employee and the Fire
Administration.
C. The Fair Labor Standards Act work period shall be a twenty-eight (28) day
period.
SECTION 11 =LIGHT DUTY
A. The Fire Chief-may assign an employee to light duty due to the health or
disability of an employee. The.Fire Chief will determine whether'the light duty
assignment is on a forty (40) hour work week or a fifty-six (S6) hour workweek.
If a member of'the Bargaining Ui1it can show that a hardship exists, the employee
shall perform light duty on his/her current fifty-six (56) hour cycle and.not at a
Memorandum of Understanding: Unit 7 15
July 14,2000
forty (40) hour work week. The Fire Chief shall not .assign an employee to light
duty unless a physician has released the employee to Light Duty Work.
B. A shift.employee assigned to a forty (40) hour work week light duty assignment
shall continue to receive the same benefits he/s11e received as a fifty-six (56) hour
employee except as set forth herein. Holiday pay will be governed by Section C
below.
C. Shift employees assigned to aforty-(40-)hour light duty worlcweelc shall receive
the holiday(s) off and still retain holiday pay.
D. When a shift employee is assigned to a forty (40} hour work week assignment, the
City will provide the employee with the equivalent hourly rate so that the
employee's compensation will not be impacted by the missed FLSA over-max
payments.
SECTION 12 -MINIMUM STAFFING
Fire Department suppression staffing shall be fourteen (14) persons per shift in addition
to the Battalion Chief. In the event. of a mechanical failure, accident, etc. and emergency
apparatus or equipment is unable.to respond, the on-duty Battalion Chief shall direct the
staffing and reconfiguration of emergency equipment. The Battalion Chief shall
communicate with the Engine Company Officers regarding changes and procedures to
insure a timely response of personnel and equipment. In the absence of an emergency,
staffing will remain fourteen (14) persons at all times.
Memorandum of Understanding: Unit 7 16
July ]4, 2000
COMPENSATION
SECTION 13 -.SALARY
1999/2000:
Commencing on July 12, 1999 and continuing through the end of the last pay period
for 1999/2000, the hourly rates of Unit 7 employees in the various steps shall be as
follows (i.e., 56.15 X 52 = 2920 hours per year).:
Fire Captain $ 19.87" $ 20.86 $ 21.90 $ 23.00 $ 24.15
Firefighter/Paramedic $ 17.95 $ 18.85 $ 19.79 $ 20.78 $ 21.82
Engineer $ 17.37 $ 18.24 $ 19.15 $ 20.10 $ 21.11
Firefighter $ 16.32 $ 17.13 $ 17.99 $ 18.89 $ 19.83
Commencing. on July 12,.1999 and continuing through -the end of the last pay .period
for 1999/2000, the hourly rates .for. the. position Fire Inspector shall be as .follows (i.e.
40 X 52 = 2080 hours per year):
Fire Inspector $ 24.00 $ 25.20. $ 26.46 $ 27.79 $ 29.18
The above reflects the same rate of pay that existed in 1998/1999.
In addition, all Unit 7 employees shall receive a lump sum, off-schedule bonus of'$569,
which shall be a one-time only payment and shall not be continued into the following
year. The bonus shall be paid within thirty (30) days after approval by the City
Council.
Memorandum of Understanding: Unit 7 17
July 14, 2000
Effective the first day of'the first payperiod in July, 2000 (i.e., July 10, 2000) and
continuing through the end of the last pay period .for 2000/2001, the hourly rates of
Unit 7 employees in the various steps shall be as follows (i.e., 56.15 X 52 = 2920 hours
per year):
Fire Captain $ 20.06 $ 21.07 $ 22.12 $ 23.23 $ 24.39
Firefighter/Paramed
c $ .18.13 $ 19.04 $ 19.99 $ 20.99 $ 22.04
Engineer $ 17.54 $ 18.42 $ 19.34. $ 20.31 $ 21.32
Firefighter $ 16.48 $ 17.30 $ 18.17 $ 19.08 $ 20.03
Effective the first day of the first pay period in July, 2000 (i.e., July 10, 2000) and
continuing through the end of the last pay period for 2000/2001, the hourly rates for
the position Fire Inspector shall be as follows (i.e. 40 X 52 = 2080 hours per year):
Fire Inspector $ 24.24 $ 25.45 $ 26.73 $ 28.06 $ 29.47
This reflects a one percent (1%) increase in base wages.
Memorandum of Understanding: Unit 7 18
July ]4, 2000
Effective the first day of the first pay period in July; 2001, and continuing through the
end of the last pay period for 2001/2002, the hourly rates of Unit 7 employees in the
various steps shall be as follows (i.e., 56.15 X 52 = 2920 hours per year):
Fire Captain $ 20.87 $ 21.91 $ 23.01 $ 24.16 $ 25.36
Firefighter/Paramedic$ 18.86 $ 19.80 $ 20.79 $21.83 $ 22.92
Engineer $ 18.24 $ 19.15 $ 20.11 $ 21.12 $ 22.17
Firefighter $ 17.14 $ .18.00 $ 18.90 $ 19.84 $ 2.0.83
Effective the first day of the .first pay .period in July, 200.1, and continuing through the
end of the last pay period. for 2001/2002, the hourly .rates for the position Fire
Inspector shall be as follows (i.e. 40X..52 = 2080 hours per year):
Fire Inspector $ 25.21 $ 26.47 $ 27.80 $ 29.19 $ 30.65
This reflects a four percent (4%) increase in base wages.
Memorandum of Understandinb: Unit 7 19
July 14, 2000
~nn~ i~nnz.
Effective the first day of the first pay,period in July, 2002, and continuing through the
end of the last pay period for 2002/2003; the hourly rates of Unit 7 employees in the
various steps shall be as follows (i.e., 56.15 X 52 _'2920 hours per year):
Fire Captain $ 21.39 $ 22.46 $ 23.58 $ 24.76 $ 26.00
Firefighter/Paramedic$ 19,33 $ 20.30 $ 21.31 $ 22.38 $ 23.50
Engineer $ 18.70 $ 19.63 $ 20.62 $ 21.65 $ 22.73
Firefighter $ 17.57 $ 18.45 $ 19.37 $ 20.34 $ 21.35
Effective the first day of the first pay period in July, 2002, and continuing through the
end of the last pay period for 2002/2003, the hourly rates for the position Fire
Inspector shall be as follows (i.e. 40 X 52 = 2080 hours per year):
Fire Inspector $ 25.84 $ 27.14 $ 28.49 $ 29.92 $ 31.41
This reflects a two and one-half percent (2.5%) increase in base wages.
Memorandum of Understanding: Unit 7 20
July 14, 2000
~nn~i~nna•
Effective the first ;day of the first.pay period in July, 2003, and continuingthrough the
end of the last pay period for 2003/2004, the hourly .rates of Unit 7 employees in the
various steps shall be as follows (i.e., 56.15 X 52 = 2920 hours per year):
Fire Captain $, 22.24 $ 23.36 $ 24.52 $ 25.75 $ 27.04
Firefighter/Paramedic$ 20.10 $ 21.11 $ 22.16 $ 23.27 $ 24.44
Engineer $ 19.45'' $ 20.42 $ 21.44 $ 22.51 $ 23.64
Firefighter $ 1$.27 $ 19.18 $ 20.14 $ 21.15 $ 22.21
Effective the first day of the first pay period in July, 2003, and continuing through
the end of the last pay period for 2003/2004, the hourly rates for the Position Fire
Inspector shall be as follows (i.e. 40 X 52 = 2080 hours per year):
Fire Inspector $ 26.88 $ 28.22 $ 29.63 $ 31.11 $ 32.67
This reflects a four percent (4%) increase in base wages.
2) Administrative Assignments
In recognition. of the extra work.assignments performed by members of this Unit;
the City agrees to compensate, in the form of special pay, each member of the Unit
in the .following amount:
Effective the-firSt fu1128-.day pay cycle in April 1998 -one and one-half
percent (1.5%) of base regular pay in effect.
Effective the first fu1128-day pay cycle in Apri1.1999 -three percent (3.0%)
of base regular pay in effect.
Administrative pay shall be eliminated at the conclusion of the last pay
period for 2000/2001 (i.e., as of July 8, 2001).
Memorandum of Understanding: Unit 7 21
July 14, 2000
SECTION 14 -MERIT ADVANCEMENT
Step advancements are merit increases subject~to'the employee's performance of duties in
a satisfactory manner. Step advancements authorized herein shall be made from each
step to the next higher step within the limits of the appropriate salary range. Step
advancements shall not be made without the written recommendation by the Department
Head or the appointing authority. Step advancements :shall be authorized for the first day
of the payroll period following eligibility (i.e., Step I to Step II is following the thirteenth
(13t~') pay period; Step II to Step III etc. is following the twenty-sixth (26t~') pay period.)
All pay increases will become effective at~the beginning of the first full pay period
following the date of eligibility.
SECTION 15 -OVERTIME
The purpose of this section is to clarify matters relevant to Fire Department overtime.
Any interpretation of application relevant to overtime shall be resolved by the City
Manager,. whose determination is final.
All requirements and any procedures relating to overtime as basically outlined below;
shall be as determined and administered by the City.
A. General Overtime (Shift Personnel)
The members of the Fire Department, when called to work an overtime shift, shall
be paid on an hour for hour basis rounded to the nearest half hour at the regular
shift rate times 1.5.
B. Voluntary Response
Employees who voluntarily respond to their Duty Station during their off-duty
hours and who are directed by the responsible authority on the scene to
commence work shall be paid for that time so worked at the overtime rate. No
minimum hours shall be applicable to such work.
C'. Fire Recall and Special Recall
Off-duty Fire Department personnel are subject to recall and will be paid on an
overtime basis, (except as set forth in "A" and "B" above), at time and one-half
(1.5) the hourly rate. However, in no case will they be paid less than two (2)
hours when called. Further, when the complete recall exceeds two (2) hours, but
does not extend beyond ten (10) minutes past the second hour, the overtime will
be for two (2) hours. When a recall exceeds two (2) hours and fifteen (15)
minutes, the overtime will be to the nearest half-hour (example, two' and one-half
hours (2-1/2)). ;
D. Shift Continuation
If a member of this unit is requested to report early .for duty at the beginning of or
continue on duty after the end of a normal 24-hour shift and works in excess of
Memorandum of Understanding: Unit 7 22
July ] 4, 2000
ten (] 0) minutes, he/she shall be paid time and one-half at the hourly rate for all
hours worked.
Further, when a completed overtime period exceeds 10 minutes within the first
hour, but does not extend beyond one-hour, the overtime shall be for one hour.
.Beginning with the second hour overtime shall be paid to the nearest one-half
(1 /2) hour.
E. Mandated Certification Training
All Fire Department personnel. in this unit shall be compensated at time~and one-
half (1.5) of the employees' hourly rate for all off duty time required to maintain
department-mandated certifications. The Department shall reimburse the
employee for books and tuition required. by courses to maintain Department
mandated certifications. Employees .must receive prior approval. from.. their
Battalion Chief before engaging in or enrolling in compensated. training related to
mandated certificates.
SECTION 16 -OUT OF GRADE PAY
All members of the Union will be paid seven and one half percent (7.5%) out of grade
pay when assigned by the Duty Officer or Fire Chief except as outlined in the Eire
Department Policies and Procedures.
SECTION 17 -RETIREMENT
The City will provide the two percent (2%) at fifty (50) Retirement Plan without
changing the current benefits, which include the following:
• 1959. Survivor's Credit (level 4- Section 21382.5)
• Military Service Credit as Public Service (Section 20930.3) effective upon contract
amendment
• One-Year Final Compensatioiz (Sectior~.20024.2)
• Credit for Unused Sclc Leave (Section 20862.8) and
• Post Retirement Survivors Allowance (Sections 21263,. 21263.1 and 2.1263.3).
Effective the beginning of the last pay period of June 2001, the City will implement the
three percent (3%) @ fifty (50) PERS Retirement Plan. The Employer's. share of the
PERS contribution shall be "capped" at twenty percent 20%. In the event that the
employer contribution exceeds twenty percent (20%) in .any year; the value of ,the wage
increase conferred to Unit 7 employees shall be reduced by one-half (1/2) of the amount
of the employer contribution exceeding twenty percent (20%), up to a maximum of the
scheduled wage increase'for that year. (For example,, if the employer contribution
increases from twerity percent (20%) to twenty-four percent (24%) in a year with a
Memorandum of Understanding: Unit 7 23
July l4, 2000
scheduled increase of four percent (4%) t11e member's scheduled increase is reduced from
four percent (4%) to two percent (2%).
SECTION 18 -RETIREMENT CONVERSION.
The percentage of each employee's PERS contribution previously paid by the City prior
to the adoption of the MOU as the Employer Payment of Member Contribution (EPMC)
shall instead be paid to the employee, who shall then pay that amount to PERS. For
purposes of withholding, the City shall defer that portion ofthe employee's contribution
paid to PERS. through section 4'14(h)(2) of the Internal Revenue Code pursuant to City of
Petaluma Resolution 90-3.63 N.C.S. Therefore, for calculation of base salary at
retirement; the employee shall now have an increased base salary that will include the
total amount of the employee's contribution to PERS previously paid as EPMC. The City
will withhold the employee contribution from the employee's pay, and the City will make.
the employee's payment of the employee contribution directly to PERS on behalf of the
employee. The employee may- not make an election to take this amount in salary andlor to
make the payment to PERS. The -tax exemption does- not apply to FICA/Social Security.
The following is an example of the application of IRC 414(h)(2) as applied to a sworn
public safety employee:
If a Firefighter makes three thousand dollars ($3,000) per month. base salary.
Under the prior contract, the Firefighter was not responsible for paying any
portion of the required nine percent (9%) employee contribution. The City was
responsible for paying nine percent (9%) two hundred seventy dollars ($270..00),
which was a City responsibility that was in addition to t11e three thousand dollars
($3,000) base salary paid to the Firefighter.
Under the 414(h)(2) method, the EPMC will. revert to salary, and the base salary
will be three thousand two hundred seventy dollars ($3,270.00). Of this, nine
percent (9%) (approximately two hundred ninety-four dollars ($294.00)) will be
paid to PERS from the three thousand two hundred seventy dollars ($3,270). The
full nine percent (9%) will be tax exempt and this means. the Firefighter will pay
taxes on two thousand nine hundred seventy-five dollars ($2,975).
SECTION 19 -UNIFORM ALLOWANCE
The Uniform/Clothing Allowance shall be five hundred fifty dollars ($550.00) per Fiscal
Year. Effective the'first pay' period of FY 200.0 / 2001, this amount. shall be paid on a
prorated per pay period basis. In September of 1999, the City paid Local 141 S members
$500 for uniform/clothng allowance in FY 1999-2000 under the terms of the old
agreement. Since the,allowance has increased by $50 per year, the City will pay an
additional $50 per person.for FY 1999/2000 (i.e., through June 30, 2000). The City will
also pay retroactive pro :rata payments ($21.15 per 2-week pay period) for the period
beginning July 10,2000 (the first day of the first pay period of FY 2000/2001). For the
Memorandum of Understanding: Unit 7 24
July 14, 2000
period between. June 30; 2000, and July 10, 20.00., the City will pay each person the
prorated amount of $13.56 ($1.50 per day for nine days).
SECTION 20 _ HOLIDAI' PAY
The holidays for the calendar year shall be the total of thirteen (13) as set;forth below.
The City shall pay for these holidays' no later than December 10, in lieu of giving tune
off.
Base hourly rate at the time of holiday X 12.b0 hours equals holiday pay per-holiday
New Year's Day -January 1st
Martin Luther King Jr. Birthday -Third. (~rd) Monday of January
Liricolri's -Birthday -February 12tH
.Presid'ent's Day -Third (3rd) Monday of February
Memorial Day -Last Monday of May
Independence Day --July 4th
Labor Day -First (ls') Monday of.September
Columbus' Day -Second (2"d) 1vlonday of October
Veterans .Day -November 1 ltli
Thai~lz"sgvng-Day -Fourth (4t") Thursday of November
Day after Thanksgiving
Christmas Eve -December 24th.
Christmas Day-.December 25th
SECTION 21 -VACATION PAYMENT AT•RETIREMENT
Employees who terminate, employment shall be paid in a ,lump sum for all accrued
vacation leave earned. prior to the effective date of termination not to exceed two (2)
years accumulation.
SECTION 22 - SICK'LEAVE USAGE AND PAYMENT AT TERMINATION
A. When an.:employee.. who is_'on disability becomes permanent and stationary and
eligible to be retiredby the City, the City will allow the employee to'use sicle
leave, if any, up to the end of the FLSA work period following the period in
which the receipt of notification of permanent aid stationary status is, received:
ployee who has completed five (5) yearn, or more
B'_ Tn'the event of retirement an em
with the City s11a11 receive .fifty percent (SO%) of his/her accumulated but unused
sick leave buf notto exceed seven hundred twenty (720) hours..
Memorandum of,Unders_.tanding: Unit 7 25
July ]4, 2000
For those individuals who are being retired. on a .disability retirement, the
employee shall receive fifty percent. (50%) of his/her accumulated but unused sick
leave but not to exceed one tliousand (10:00) hours.
SECTION 23 -EDUCATIONAL INCENTIVE
Educational Incentive Pay is provided for qualified employees in the classifications and
amounts listed below:
Firefighter, Fire Engineer, Firefighter/Paramedic, Fire Captain and Fire Inspector.
Education Achievement Incentive Pay
Fire Officer Certification Fifty Dollars ($50.00) per month (X 12 / 26)
Fire Prevention Certification Fifty Dollars ($50.00) per month (x 12 / 26) Those eligible
for the Fire Prevention Certification must be assigned to the Fire Marshal's Office
on a permanent basis.
SECTION 24 -DEFERRED COMPENSATION
The City of Petaluma shall make available to the members of this Unit the City's
Deferred Compensation Plan..
SECTION 25 - CLASS B DRIVER'S LICENSE
The City requires that each employee maintain either a Class B Commercial or Class B
Firefighter Exempt (Class B FF) Driver's license. The City will reimburse an employee
the difference in cost between the Class B license or Class B FF and a Class C license.
Pull Notice
The Pull Notice Program is designed to provide notification to the City of
convictions, accidents or actions taken against licensed drivers holding a Class A
or B license. When a Pull notice (DMV Driver Report Information Form) is
received by the department regarding a restricted, suspended, or revolted license,
the following process shall be implemented.
A. The supervisor will, as soon as practical, discuss the license restriction,
suspension, or revocation with the employee and give him/her oral and
written instructions regarding limitation or prohibitions of that employee's
operation of City vehicles. The employee may choose to have union
representation at this meeting if he/she chooses.
Memorandum of Understanding: Unit 7 26
July 14, 2000
If the lapse/loss of the Class B driver's license occurs through no .fault of the
employee [i.e., such as Fire Department failure to offer training sufficient to
satisfy certification requirements, lack of notification by the certifying agency, or
the employee suffers a catastrophic illness or accident and the lapse occurs before
the employee is able to remedy it], no adverse action will occur so long as the
employee takes appropriate and immediate steps to re-obtain the lapsed/lost
certification.
SECTION 26 -RETIREE BENEFIT, PAYMENT OF
An employee with twenty (20) years of service and who is age fifty (50) or older
and who retirees on a service.retirement during the term of this agreement, will be
eligible for a service benefit in the amount equal to one hundred dollars .($100)
per month less the amount contributed directly to the PEMCHA premium by the
City. This payment will continue as long as the employee continues in the
PEMCHA plan as a retiree. Should the: retired employee,not continue in the
PEIvIGHA plan, he/she will be eligible for an amount. of.one hundred dollars.
($100) per month as a direct payment. as a retiree service benefit. It is the
responsibility of the retiree to notify the City in writing that he/she is not being
covered by the PEMCHA plan and the City will commence payment of°the one
hundred dollars ($100.00) per month at the begimling of the month following the
receipt of such notice.
2. Employees retiring after September 1, 1.997 who meet the. service requirements
listed in paragraph 1 above, shall•receive an additional forty dollars ($40:00) per
month as a retiree service benefit. Should the retired employee not continue in.the
PEMCHA plan, that retired employee will be eligible for an amount of one
hundred forty dollars ($40.00) per month as a direct payment as a retiree service
benefit. It is the responsibility of the:retiree to notify the City in writing. that.
he/she is not being covered by the PEMCHA plan and the City will conuYience
payment of the one hundred,forty dollars ($140.00) per month at the beginning of
.the month following the receipt of such notice.
SECTION 27 -RETIREE DISABILITY-BENEFIT, PAYMENT OF
An employee, who reti"res on disability with less than fifteen (15) years•of service as a
member of this Unit; will be eligible for ninety five dollars ($95.00) per month for
eighteen (1$) months beginning on the refirement date. The amount will decrease. in the
amount of five dollars ($5.00) per year to $0.00 if the retired employee continues in the
PEMCHA health plan as a retiree. Should the retired employee not continue in the
PEMCHA Plan, he/she will be eligible for the full one hundred dollars ($100.00) per
month for the eighteen (18) month period. It is the responsibility of the retiree to notify
the City in writing that PENICI-IA has not been chosen and the retiree is requesting the
full one hundred dollar ($100) per month payment. The City will begin the payment on
Memorandum of Understanding: Unit 7 27
July 14, 2000
the month fol owing receipt of the notification This benefit is in addition to any other
benefits to which the employee is entifl"ed under Government Code Section 228;57.
An employee,. who retires on disability with fifteetz (15) years or more of service as a
member of this Unit; will be eligible -for retiree's .medical payments as described under
Retiree Benefits, Payment of, this 1VIOiJ.
SECTION 28 -BILINGUAL PAY -SPANISH
Effective February 1, 1998, qualified represented members will be eligible. for bilingual
pay at one hundred dollars ($100) per month. To qualify, employees must be tested for
fluency at a high skill level proficiency rate. Testing procedures and .skill levels of
proficiency shall be determined by the Personnel Director and the Santa Rosa Junior
College. Testing will consist of the following elements:
Paragraph discourse; narrative/descriptive; summarize/paraphrase; discuss abstractions;
repair speech; pronunciation; vocabulary; variety of communicative tasks/strategies;
fire/medical vocabulary and tasks; and syntax.
Those who successfully qualify will not be required to .re-qualify. The City will offer a
retest one (1) timeperyearand provide a sixty (60) day notice prior to the testing.date.
Those wishing to be re-tested must apply no later than thirty (30) days prior to the testing
date.
SECTION 29 - MEDICAL CASHBACK
An eligible employee may request cancellation of his/her City-paid medical and/or dental
insurance coverage upon presentation to the City of satisfactory proof that he/she,has
medical and/or dental insurance coverage from another source. Any such request must be
made prior to December lst preceding~the calendar year of coverage and cannot be
revoked during the entire year of"coverage except in the case of certain family status
changes as defined by law, such as, (l) the employee's marriage or divorce, (2) the birth
of a child of the employee, (3) the adopfion of a child by the employee, (4) the death of
the. employee or of the employee's spouse or child; (5) the commencement or termination
of employment of the employee's spouse, (6) the. change from full-time to part-time
employment status or from. apart-time to full-time by the employee or the employee's
spouse, (7) the taking of an unpaid- leave of absence by the employee or the employee's
spouse, or (8) the loss of a child's dependent status, as defined under the Internal
Revenue Code.
Any employee experiencing a change in family status that would increase or decrease the
amount of cash back which he/she is receiving under this provision should promptly file a
notice of change in family status with the City. Eligibility for such increased or
decreased payments commences with the filing of this notice. Cash back payments will
thereafter be increased or decreased depending on the nature of the family status change.
Memorandum of Understanding: Unit 7 28
July ] 4, 2000
However, in the event the employee. fails. to notify. the City within thirty (30) days about a
change in family status that:would:result in a decrease in the cash back payment, it is
agreed that any amounts paid to him/her as a result. of.his/her failure. to promptly notify
the City of the family status change as .required by this section will be ;refunded to the
City by a deduction from t11e employee's pay; at a rate not to exceedaen percent (10%) of
the employee's. gross. pay per pay period, until refunded in full.
When an employee who has requested cancellation of the employee's' city paid medical
and/o_r dental insurance coverage has demonstrated. such coverage from another source to
the City's .satisfaction, the City wi1T request cancellation of the employyee's medical
and/or dental coverage,. subject to the `terms and conditions of the particular policy. Upon
actual cancellation of the employee's :medical. coverage, and commencing on the date of
cancellation of such policy; .the City will instead pay to the eligible .employee; on a
monthly basis; an amount equal to fifty percent (50%) of the "equivalent mont111y cost,"
as defined herein, of insurance coverage of said.,employee. In determining the
"equival'ent monthly cost" of such coverage,al2e City shall calculate the monthly
premium. amount:which-would be paid by the City oil t11e employee' behalf under the
Health Plan ofthe Redwoods, based on.the employee's coverage level (.e.g. self, self plus
spouse, self plus spouse plus children) at the time of such cancellation. However, if the
actual monthly.cost of the employee's. current plan_coverage is less'than the ~riionthly
Aetna~North plan cost, then the lower figure from-such plan (the "Lower Cost:Plan")
shall be used to determine the "equivalent monthly cost." In the event. coverage is
canceled only for tha employee's spouse or.depeiident children, .the ",equivalent monthly
cost" shall be determined by reference to the difference in the monthly.premium amount.
which would be paid.. by the City on the employee's behalf under the old and new levels
of coverage (as calculated. using the Health Plan ofthe Redwoods plan or the Lower Cost
Plan, as Applicable).
Upon such .cancellation of the employee's. dental .coverage, t11e City will. instead. pay to
the eligible employee; on a monthly basis,; an amount equal to fifty percent (S0%) of the
City's internally generated estimated! monthly cost of the self-funded dental .costs. 'The
same rule regarding the deadline for elections and: the irrevocability of electonsahat
apply to the medical plan will also apply to the dental plan.
All requests for cash back .under this section. and payments made thereto will be subject
to and in accordance with the terms and conditions and cancellatioza,requirements„of each
applicable plan, including the City Flexible; Benefits Plan, and cancellation b.y the
employee or, coverage under the plan. Any employee canceling coverage~wll be required
to meet all :rules and conditions of the particular. plan, including, but not limited to, all
rules and :conditions governing administration, cancellation, and re-enrollment eligibility..
By requesting 'a cash payment pursuant to this section,. such employee understands and
agrees as a condition of receipt of this payment, that re-enrollment eligibility ..into ,any
plan is not guaranteed.
Memorandum of Understanding: Unit 7 29
July l4, 2000
INSURANCE
SECTION 30 -HEALTH INSURANCE
ACTIVE Employees
The City shall participate in the Public Employees' Medical Health Care Act
(PEMCHA), for members of Unit 7. The designated premium paid by the. City
toward this program shall be in the amount of one hundred dollars ($100.00) per
month per employee.
2. RETIRED Employees
Employees who retire from the City of Petaluma will receive contributions to
their medical premium while under the PEMCHA plan. This payment will
increase in the amount of-five dollars ($5.00) per year (based on PERS premium
year) until it reaches the amount of one hundred dollars ($100.00) as listed in
paragraph 1 above.
SECTION 31 -OTHER HEALTH AND WELFARE PAYIVIENTS
The City shall provide to the active members of Unit 7 additional monthly health and
welfare payments equal the PEMCHA Health Plan of the Redwoods premium amounts
less one hundred dollars ($100:00).
SECTION 32 -DENTAL PROGRAM
The City shall pay, during the period of this memorandum;. the full insurance premium
for the -group dental self-funded program for City employees iiz this Unit and dependents.
The-,City shall contribute toward an orthodontia plan at a fifty percent (50%) co-payment.
rate up to one thousand dollars ($1,000)'-per child as defined in the plan.
The City shall bear the cost of any premium increases during the period covered by
this Memorandum of Understanding.
SECTION 33 -LIFE INSURANCE
The City shall provide during the period. of this Memorandum, at no cost to the
employee, group term life insurance coverage in the principal amount of fifty thousand
dollars ($50,000) per employee.
Memorandum of Understanding: Unit 7 30
~U~y 14, aooo
This will be effective no Tater than July 1, 2000.
SECTION 34 -LONG TERM DISABILITY INSURANCE
A. The City shall pay during the., period of ,this memorandum; the amount of twelve
dollars ($12.00) per month, per employee.. This amount shall not exceed,
however, the total cost of the premitun for the long-term disability insurance plan.
B. When a member of the Unit is on Long Term Disability Leave; no sick leave shall
be deducted from the:member's leave balance; pursuant to the language of the
International. Firefighters' Association LTD plan.
SECTION 35 -VISION PROGRAM
For the period of this memorandum the City shall provide and.,pay the cost'of a, elf
funded. Vision Care Program for employees and their dependents.. The City shall bear the
cost of any premium :increases .during the period covered'by this Memorandum of
Understanding.
SECTION 36 -PERSONAL EXPOSURE,REPORTING
The City shall pay during the period of this memorandum the amount; of"twen"ty dollars
($2'0.00) per persgn per year toward t11e Personal Exposure Reporting System.
Copies of exposure reports :are to be provided to the Personnel. Department by the
employee: Employee names shall be eliminated so that no identification is shown.
SECTION;3.7 -EMPLOYEE ASSISTANCE PROGRAM
The City will.provide an Employee Assistance Program to employees. and their
immediate=famil'ies. This licensed counseling service will provide assistance: and
referrals. for marriage and family problems, alcohol, aiid drug dependency; emotional,
personal, and stress-related concerns and. other issues. All counseling services are
confidential.
SECTION 38 -PHYSICALS, CLASS B
The City agrees to provide each employee a physical every -two (2} ,years equivalent to
the medical requirements necessary for a Class B Drivers License... Any em_ ployee not
wishing to participate in; the physical. provided by the City may elect to choose a
physician of llis/lier choice. The City will only reimburse the employee the cost of
conducting the minimum physical and testing as required of the group physical. The City
Memorandum of Understanding: Unit 7 ~1
July 14, 2000
will provide a minimum of thirty (30) days advanced notice to the employees of their
intent. to conduct physicals. The City will agree to provide this service at no cost to the
employee subject to the limitations <of this paragraph. An employee selecting a physician
of his/her choice -must submit a detailed. invoice of the cost of the physical, and obtain
scheduling approval from the Battalion Chief prior to commencing with the physical.
Subject to the limitations of the above paragraph, should more than ten percent (10%) of
the suppression personnel of this Unit choose a physician of their choice and/or the cost
for conducting out of group physicals, becomes cost prohibitive, the City may elect to
discontinue this service of providing an elective physical.
Memorandum of Understanding: Unit 7 32
July 14, 2000
I,'EAVE
- --
SECTION..39 -VACATION
A. Eli ~bili
The times during t11e calendar year in which an employee may take lus/lier
vacation: shall be determined by the .Department Head with due respect: for the
wishes of the employee and particular regard' for the needs of the, service. The
maximum number of suppresson~personnel eligible to be oil. vacation. at.any
given: time shall. be one. (l) per shift. An .employee may not take vacation beyond
the amount of vacation accrued as noted in Section B below.
New Employee
New employees .shall be allowed to use their accumulated vacation' prior to
December 31 for vacation in the succeeding calendar year.
B. Accrual
Vacation accrual for Fire shift personnel shall be computed as follows:
Amount of Continuous Service Vacation Accrual
Hours Per Year Maximum
Accrual.
..Allowed
After completion of twelve (12) months 12Q hours ~ 240 hours
After completion of -fine (5) years 16.8 hours 33:6 hours
After completion of ten (10) years 21.6 hours 432 hours
After cornpletibn of fifteen (15) years, 24.0 hours 480 hours
After completion of twenty (20) years 264 hours 528: hours
The higher accrual rate is effective twelve (12) months prior to the affected
.anniversary date so that sufficient accrued time 'is available, on the anniversary
date.. An employee who,is due an increase in vacation during the next calendar
year may include the extra vacation tune during sign-ups, to be taken on orafter
his/her anniversary date. Tle Department will notify an employee when he/she is
within ten percent (1~0%) of the maximum balance allowed.
C. Selection Procedure
The order of selection ,of annual. vacation shall be based. solely on
respective department seniority,. by shift; irrespective of rank or job'
description.
Memorandum of Understanding: Unit 7 ~3
July 14, 2000
2. With the exception .of #3 below; 'the. maximum number of suppression
personnel eligible to be 'on vacation at any one time shall be one (1) per
shift.
3. Overlap in vacations will be allowed only for those shifts in excess of the
maximum number of ~acatioii shifts p,er year. (For example, if B shift
works 12.1 shifts iir a given year and the. number of eligible vacation shifts
to be taleen by employees. is 128 shifts, t11en the number of overlap shifts
for B shift that calendar year is 7.)
4. The Platoon Battalion Chief will establish the number of overlap shifts
prior to vacation selection. The City retains the right to adjust selected
vacation shifts for the purpose of maximizing contiguous vacation
opportunities for the most junior members of the Department.
Vacation selection may be talcen,as one vacation period or be split
between two or more vacation periods. If the employee elects to split
vacation, the second and subsequent selections will be made on a round-
robin basis.
6. For purposes of vacation, seniority will be determined by the date of
service. When more thasz .one person has the same hire date, seniority will
be determined by their placement on the employment list with the
exception of those employed prior to the date of this amendment where
other basis for senority has previously been agreed upon.
7. Subsequent to the establislunent of the vacation list, an employee may
trade vacation periods when mutually agreeable,, when reasonable written.
notice has been provided to the Department, subject to the approval of the
Fire Chief when considering. the operational needs of the Department.
Selection of additional vacation days may be granted by the Battalion
Chief, if available, so long as no overlap shifts exist for a given shift and
all members of that shift have picked at least one (1) round of vacation.
Employees whose-total vacation accrual has been increased due to a
deferral may be permitted to select.additional vacation days subject to the
provisions as outlined in Section C, paragraphs 1-8 above.
D. Deferral
Annually; at the- time of vacation selection, an employee may elect to defer
accrued vacation up to the maximum allowed under "B" above. Deferral of
accrued vacation hours are subject to the limitations as stated in "B" above.
Memorandum of Understanding: Unit 7 34
July ] 4, 2000
E. Vacation re 48.50 Leave
Upon,return to full duty,: members of the Unit who, while on extended 4850
status, miss a scheduled vacation,, will be paid at the base rate; at t11e time that :the
vacation was scheduled for'those mssedscheduled vacation days. At that~tme;
the ernpl_oyee' vacation lease balance will be reduced-by the number of vacation
days paid- out~under this section. This pay `out is not at the option of the Uriit
member. The: vacation accrual .hourly limit,- identified. in this. Section, Vacation,
B, Accrual, is not affected by this section.
SECThON 40 = .SICK LEAVE
A. General
Sick leave with pay shall be granted to all Fire Department employees as set forth.
in this section. Sclc leave is not a,rigllt which an employee: may use at his%lier
discretion, butrather, shall be used only in case of personal. illness, disability or
the serious illness, or injury of'an ;employee's family member whch.requires the
ernplo_yee's attention. T.he term "family member" shall include:, spouse, children,
parents, spouse's parents, brothers, sisters or other individuals whose; relatoriship
to the employee is'that of a dependent or hear dependent.
B. Accrual
Si`clc leave for the Fire IDepartrnent shall be accumulated, on the basis- of twelve
(:12) Hours per month. Fire Department :forty- (40-) hour employees shall.
accumulate sick leave as' other employees of the City.
C. Notification Procedures
In order to receive cornpensatioil wh_ le absent on sick leave; the employee shall
notify the Battalion Cliief or any other person designated by the Fire Chief by no
later`than 210:0 hours (when possible) the day before the ;start; of his/her hift, but
no later than 070011ours prior to the' time set for the start of his/her shift, This is
for notifi`cafon•purposes, so a.relief can be called as early as possible. No
employee will be disciplined for calling °ii. the day before hi's or her shifC. After
three (3) continuous shifts duration, the. employee shall be required. by the Fire
Chief to submit a;pllysician's certificate stating the cause of the absence. .
D. ~Rate~~of Usage
Siclc leave will be charged against`the employee';s ~:aecrual at the rate. of an hour for
an hour,.. based on actual sielc-leave usage,., for~the first day of sick..leave used.
Each. successive day will be charged at the rate of twelve (.12) Hours.
Memorandum of Understanding: Unit 7 35
July 14,2000.
E. Light Duty Siclc Leave
Light .Duty Siclc Leave -Non Duty Injury
An employee shall be charged sick leave for doctor appointments,
physical therapy, etc. If the employee has no sick leave or vacation
accrued, then he/she will be on leave without pay.
2. Light Duty Sick Leave -Work Related Injury
An employee on light duty as a result of an on-duty injury shall be allowed
to attend doctor's appointments, physical therapy, etc., without being
charged sick leave.
F. Relationship to Workers' Compensation
When the employee's absence from work has been occasioned by injury suffered
during his/her employment and he/she receives workers' compensation, he/she
shall also be entitled to receive from the City the difference between :such
workers' compensation benefits paid and the amount which would otherwise have
been paid hereunder for sick leave. Ordinarily,. it shall be the policy in workers'
compensation matters that the employee shall assign to the City any benefits
rendered him during the period that he/she is absent on sick leave and the City
shall pay him his/her full sick leave benefits.
Sick leave under workers' compensation is a supplement to the workers'
compensation benefits to provide the employee compensation. at his/her regular
rate. All employees receiving full salaries in lieu of temporary disability
payments pursuant to Section 4850 Labor Code are entitled to accumulate sick
leave during such periods of disability.
G. Use of Sclc Leave during Vacation
When an employee has been confined to a hospital, health care facility or home
due to a serious illness or injury and 11as prodded a medical authorization by a
certified physician or medical practitioner, that employee may use sick leave in
lieu of vacation. for the period of confinement.
SECTION 41 -SICK LEAVE 'T'RANSFER
Any Bargaining Unit employee of this unit may transfer some of his/her accrued sick
leave to another Bargaining Unit employee of this unit for use as sick leave by the
receiving employee: Such transfers shall be for catastrophic illness or injuries either to
the employee, spouse, or such~,dependent as defined under the Family Medical Leave, this
MOU. Such transfer shall be accomplished by a memo from the transferring employee to
the Fire Chief for forwarding to the Human Resources Office, setting forth the name of
the receiving employee and the number of hours being transferred. All such transfers are
irrevocable. In order to be eligible to receive a transfer of sick leave the receiving
employee must have zero (0) hours of accrued sick leave.
Memorandum of Understanding: Unit 7 36
July 14, 2000 i
Transfers:shall be subject to thefollowing limitations:
1) All transfers shall be within this Unit only; and
2) Transfers are for Siclc Leave and not for use at retirement;
3) A donor must retain a balance of five hundred (500) hours at any "time;
4) The recipient must have a zero balance;
5) A recipient may.receive no more than one thousand four hiudred,sixty (1460)
hours per Fiscal Year.
6) An illness or injury involving extreme physical pain or the impairment of a
function of a bodily member,. organ or mental faculty,. and requiring °medical
intervention such as surgery, hospitalization,, or physical rehabilitation.
SECTION. 42 -:BEREAVEMENT LEAVES
Leaves up to three (3) shifts with pay for each incident: may be granted to .employees in
the event of death.. in the .employee's immediate family. The inunediate family .shall
consist of the spouse,, children, parents, brothers, sisters,, grandparents,; father-in-law,
.mother-in-law, brother-in-law or sister.-in-law, domestic partner as registered with the:
City Clerk's Office or other individual whose relationship to the employee is that of a
legal dependent.
Tlie. Department .Head may authorize additional travel time,, if needed:, .It is the
responsibility ofthe employee to notify his/11er department head or designated,
representative. ofthe death of the family member:
The Fire'Inspector will "receive days instead of shifts pursuant to this section.
SECTION.. 43 -MILITARY LEAVE
Military leave shall be,arranged in accordance with the provisions of'Stafe law. All
employees entitled to military leave shall give the appointing power an opportunity
within the limits of military regulations to determine when such leave hall be taken.
SECTION 44 -LEAVE OF' ABSENCE WITHOUT PAY
The City Manager may .grant a regular, full time employee or'probationary employee
Leave. of Absence without Pay for up to three (3) months.. Good cause being shown by a
wrtten,request, the City Manager may extend the leave of absence. without pay for:an
additional. period not to exceed six (6) months. No such leave shall be granted except
1Vlemorandum of Understanding: Unit 7 37
July 14, 2000
upon written request of the employee setting fort~li the reason for the request. The
approval, will be in writing. Upon, expiration of'a regularly .approved leave or within a
reasonable period of Time after notice to return to duty, the employee shall be reinstated
in the position held at ,the time leave was granted: Failure on the part of an employee on
leave to report promptly at its expiration, or within a reasonable time after notice to return
to duty, shall be cause for discharge.
SECTION 45 -JURY DUTY
Every employee who is required to serve as a juror, excluding Federal, State, or County
Grand Juries, shall be entitled to absent himself from his/her duties with the City during
the time he/she is actually required to be present in court as the result of the jury duty.
The employee shall notify' his/her Battalion Chief or designated representative upon
receipt of Notice of Jury .Duty... Upon direction of the Court. Clerk to appear for Jury
Duty, the employee shall immediately inform the on duty Battalion Chief or his/her
designated representative of the required appearance. If the- jury summons is based on
automated telephone check-in, the employee will immediately notify the on-duty
Battalion Chief. Upon release from Jury Duty or if not in a sequestered environment, and
if the employee is scheduled for duty on that day, the employee will immediately return
to his/her duty station
The employee shall refund the City any difference between his/her regular salary and any
payment for jury service received by him (except travel pay). Employees shall make
such refund within one (1) pay period after receiving the money. If the employee fails to
make the refund within one, (1) pay period, the City may deduct the appropriate amount
from the employee's next paycheck. The employee will present the City with proof of
amount received at the time he/she makes the refund.
SECTION 46 -SHIFT TRAIDE
Each member of this unit shall be eligible for twenty (20) shift trades per calendar year.
If trade' maximums are .not utilized they shall not be carried over to succeeding years.
Under no circumstances shall any employee be entitled to more than twenty 20 trades in a
given year.
All trades must be approved by the employee's immediate shift supervisor and
shift Battalion Chief-prior to the leave.
2. Trades may be denied by the employee's supervisor and/or Battalion Chief based
on operational or scheduling impacts. Operations/scheduling impacts are defined
as:
A. The employee carries a key role or position that causes departmental
operations to be significantly impacted during hislher absence.
Memorandum of Understanding: Unit 7 38
July 14, 2000
B. The. availability' of`qualified personnel. to cover for a given position (i.e.:
there are not. enough. Captains, Paramedic/Firefighters'or qualified drivers
to .staff a shift and the. person providing` the trade is not qualified to fill the
position). ,
Trades of three (3) consecutive shifts or less require twenty-four 24 hours
advanced notification and compliance with paragraph 1 above.
4. Trades of four (4) consecutive shifts or more-require. advanced notification as
follows:
A. Four (4) to Six. (6) Consecutive Shifts Seven (7) Calendar;Days
B. Seven (7) to Nine (9) Consecutive Shifts Ten (10) Calendar Days
C. Ten (1'0) to Twenty (20) Consecutive
Shifts Fifteen (15) Calendar
Days
D. 1Vlore than twenty-one {21) but less than
Thirty (30) shifts Thirty (30) Calendar'
Days '
.
When an employee .desires to combine their total trades in a calendar year with
trades from another calendar year andlor vacation and the combination of those
trades. exceeds thirty (30) consecutive shifts, the member will notify acid obtain
approval of their Battalion Chief in writing a minimum of ninety (90) days prior
to the first day of leave.
6.. All trades are the responsibility of the,individuals involved and shall .cause rio
.increased cost to the City. Any dispute arising out of.such trades shall be resoled
by the individuals at iio cost to the City.
X =Original scheduled employee
O =The employee who agrees to trade with X
If while O 'is scheduled in place of_X on a_ trade and O goes:on siclz leave; aril/or
Workers'' Compensation Leave before and%or while on :trade, the Union will
assume responsibility for providing, a relief for O. If the `Union cannot provide a
relief for O due to Sick'Leave, tlien O's Sick Leave will be debited hour for hour
for the time lost during X's shift.
7: The employee will assume the responsibility for maintaining, any and,all
certifications.and proficiencies required, for minimum department standards. The
make up of certifications and./or proficiency:of nlii7imurn standards shall be at no
cost or time rmpact to the City: If staffing is above the minimum required by this
1VIOU, a member ofthe Uriit shall not be allowed to trade with himself/lerself for
a duty slot in the future.
Memorandum of Unde.rstandigg Unit 7 39
July l4, 2000
SECTION 47. PREGNANCY L)ISABILITY LEAVE
A. An employee who is disabled. on account. ofpregnancy, childbirth, or related
medical .conditions may take a pregnancy .related disability leave for the period of
the actual disability, up to a maximum of four (4) months, in addition to any,
family care leave to w1uc11 the employ;ee,may be entitled.
B. All requests for pregnancy disability leave shall- be written and submitted to: (1)
the employee's Departme_ nt Head, and (2) the Personnel Director for final
approval. The employee must submit: a health care. provider's statement verifying
the need for-pregnancy related disability leave :and its anticipated beginning, and
ending dates. The employee must promptly report any changes in this
information to the Department Head and the Personnel Director.
C. An erriployee on pregnancy disability leave may utilize any accrued sick leave,
vacation, or Compensatory Time Accrued to receive regular compensation
benefits during the pregnancy disability .leave of absence. Any use of accrued
paid leave benefits must be approved by the Personnel Director prior to their
utilization and will be paid continuously per the employee's regular work
schedule. Such hours shall ~corrunence from the first day of pregnancy disability
leave and shall continue until such leave is exhausted. The use of accrued paid
leave benefits does not extend the total duration ofpregnancy leave to which an
employee is entitled.
D. Employees returning from pregnancy disability leave are entitled to reinstatement
to the same position (if available) or a comparable position for which the
employee is qualified, to the extent required by law. To ensure that an
employee's return to work can be properly scheduled, an employee on pregnancy-
related disability leave is requested to provide the Personnel Director with at least
two (2) weeks advance notice of the date the employee intends to return to work.
If an. employee fails to report to work at the end of the pregnancy-related
disability leave and does not notify the Personnel Director of her status, the
employee will be deemed to have resigned.
E. If an employee chooses to return to work within. six (6) weeks after normal
delivery or if any question,exists regarding an employee's physical ability to
perform regular job duties because of medical complications, the Personnel
Director may require the employee to provide a doctor's medical release verifying
•the employee's ability to perform such duties.
F. If a medical disability exists which exceeds sixty 60 days,. the employee may ask
to be put on .long-term disability in accordance with the Union's Long-Term
Disability Program. If the employee still has sick leave hours accumulated, these
hours maybe used to supplement LTD payments. In no case shall the employee
receive payments in excess of regular compensation. The use of LTD will be
subject to the policy under which they are covered.
Memorandum of Understanding: Unit 7 40
July 14, 2000
G. Iii addition. to or in .lieu of a leave of absence, ai employee with apregnancy-
related disability may request a transfer to a different position.: Such a request
must be accompanied with a certification from the employee's health care
provider that such a'transferis medically advisable. If a position is available for
which the employee is qualified' and the transfer~request can be~reasonably
accommodated, the Personnel Director will grant the transfer request.
SECTION 48 -FAMILY MEDICAL LEAVE
Pursuant to the .Family and Medical Leave Act; of 1.993, F~MLA leave may be granted to
an employee who has been employed for at least .twelve (12) months by the City: aril who
has provided at least one thousand-.two hundred fifty (1,25D) hours of service .during the
twelve (12) months before the leave is requested. The leave may be: granted up to a total
of twelve (1`2) weeks during the fiscal year for the following'reasonsc '
Because of the birth of a child or placement for adoption or" foster care of a
child;
In order to care for'the spouse; soil; daughter; parent, .or'one who stood in
place of ~a parent of the employee; if such. spouse, son, daughter, parent; or
"in loco parentis" has a serious health condition;
Because of a serious health condition that makes the emplgyee.unable to
perform his/her employment functions.
The employee must, provide the City with thirty (~0) days advance notice of the leave, or
such notice as is practicable, if thirty (30) days notice is not possible. The employee. must.
provide the City with certification'ofth~ conditon,from a health care provider. The City,
at .City expense, may require a second opinion on the. validity of the certification. Should
a conflict arise, between health providers, a third and' binding opinion, at City expense
will be sought.
Employees seeking, FMLA leave must first use paid sick time (if applicable) sand vacation
before going. on unpaid' Leave. The total amount of family leave paid. and unpaid will not
exceed a total of twelve (12) weeks. In any. case in which a husband: and wife entitled to
family leave are both employed by the employer, fhe aggregate number of work weeks of
leave to'which both may be entitled may be limited to twelve (12)'weeks during any
Fiscal Year if such weave is taken .because of the birth of a child or placement foradoption
or foster care of a child. The employee will `be responsible for.his/her share of'thehealth
insurance cost. during the leave. If the: employee does not return from the leave; `he/,sl1e is
responsible for the total insurance premium paid by the employer.
Forms 'are available. from the Human Resources Department.
Memorandum of Understanding: Unit 7 41
July ]4,•2000
SECTION 49 -UNION TIME BANK
Union.. members shall be. allowed. to :contribute hours of vacation to a Union Time bank
designated for use by the Union Officers. This' contributed amount shall not exceed
seventy-two (72) hours during. any Fiscal Year for all Union Officers. These donated
hours shall be submitted to the Human Resources Department and deducted from the
contributing members vacation accrual.. The Union Officers shall be allowed to draw
down on this bank during the .course of'the Fiscal. Year and shall notify the Human
Resources Department by memo that.. such hours :are being used. Any hours beyond the
seventy-two (72) hours authorized in this section shall be deducted from the Uiliori
Officer's Vacation balance.
Memorandum of Understanding:- Unit 7 42
July ]4, 2000
~)THE~t
SECTION 50 -FIRE INSPECTOR
The Fire Inspector shall enjoy all rights and benefits retained by all other personnel in
Unit 7, except >as differentiated hereunder:
Worlc Weelc Workweek shall be forty (40) hours. The work day schedule: (SZ8,
4/10) shall be determined by the Fire Chief.
Overtime. One and-one half (1-11.2) times hourly rate for,. all hours over the
normally assigned work day (i:e. eight (8) hours per`day, ten (.10)
hours per day.)
Holidays With respect.to holiday pay; the Fire Inspector shall confnue to
utilize .existing practice (receive the holiday off with pay as other
.forty=(40-)hour employees. of the City). During: the Fiscal Year the
City will Authorize one (,1) .,Floating Holiday per employee,, which
may be taken by the employee at a time selected. by the:employee,
subject to operational requirements and approval by the City.
Employees hired between 7uly 1 and December 31 will be eligible
-for a Floating Holiday during the course of `the .Fiscal. Year.
Holidays .for the Fire Inspector shall be determined by Council.,
Resolution. Holidays shall be paid at eight (8.) hours per holiday
with any additional hours being taken from vacati"on/ leave of
absence without pay.
Amount of Continuous Service Vacation Accrual' ,
Hours Per Year Maximum
Accrual
Allowed.
From hre'through S years 80 hours 160 hours
From 6 'through 10 years 1:20 hours 240 hours
Through l l ,years 128 hours 2S6 hours
Through 12 years 136 hours 272,hours.
Through 1 ^,' years 144 hours 2'88 hours.
Through 14 years iS2 hours 304 hours
Through 15 .years 160 hours 320 hours
Through 16 .years 1.68' hours 3'3.6 hours
Through 17,years 176 hours 3S2 hours
Through 18 years 184 hours 35`8 hours
Through 19 .years 192 hours 3'8'4 hours
Through 20 years 200 hours. 400 hours
Memorandum of Understanding: Unit 7 4;
July 14, 2000
The Fire Iizspector may defer .annual vaeatioii leave with the approval of the Fire Chief to
a maximum of two (2) years .accrual.
Sick. Leave Accrual of eight (8) hours per month with unlimited accumulation.
Rate of Usage Each day shall be charged against the employee's sick leave at the
rate of the work day or less, if actual sick leave usage is less.
SECTION 51 -CERTIFICATIONS/ LICENSES, LOSS OF
A. Loss of Certification
Definition
For the purposes of this section certification(s) are defined as EMT,
Paramedic and. Class B Commercial or Class B Firefighter Exempt
licenses.
2. General
Employees shall assume responsibility for maintaining validation of the
certifications required by their job classification.
SECTION 52 -FIREFIGHTER OPENINGS
Every available Firefighter opening shall be made available to current
,Firefighter/Paramedics acco"riling. to Department seniority. The Fire Chief shall retain the
discretion to use factors other than. seniority in exceptional. circumstances, such as,
"Paramedic Burnout."
SECTION 53 -PROMOTIONAL TESTING AND JOB CLASSIFICATIONS
To: the extent required by the Meyers-Milias-Brown Act, the City will meet and confer
with Union representatives over changes in job classifications or promotional testing.
Disputes regarding w11et11er the City is required to meet and confer over a particular topic
shall be subject to the grievance process set forth ii? the MOU.
For positions to which members of Unit 7 could promote, promotion process information
will be available in the Human Resources Department at the time of posting. Information
will include applications; minimum qualifications, study material reference information,
if appropriate; .and' information on passing scores. Any changes in an established testing
process must be submitted in writing to the Union for review and input no fewer than
sixty (60) days prior to the beginriing of the process.
Memorandum of Understanding: Unit 7 44
July 14, 2000
Promotional Eligibility Lists ~slaah .remain. in effect. for two (2) years from. the date of
certification. Should there be three (3) or fewer eligible names: on the list, the City may
conduct new promotional testing.
SECTION 54 :- PARAMEDIC LIAISON
The Paramedics shall select one. (1) Paramedic per shift for a voluntary assignment as the
Paramedic Liaison with the Department.. There shall be no cost to the City resulting from
this assignment.
SECTION 55 -SAFETY COMMITTEE
The Union shall appoint one member to the Departmental Safety Committee.
SECTION 56 -PERSONNEL FILES
Aii employee. (or' his or her representative,. onpresentation ofwritten authorization from
the employee in a form. acceptable to the City) shall have. access to non-confidential
portions ofthe employee's personnel file at a.mutually agreeable time.. The'; employee
may be required to acknowledge the receipt of anydocument entered into the employee's
personnel file: No performance evaluations or dtsciplinary actions containing adverse
comments about an employee's'workpcrformance or conduct shall be placed ;into his or
her personnel file until the employee lias been given the opportunity to review the
document:. The employee may write a response to the document~containing the adverse
comments `for placement into the personnel -file.
Examples of documents considered confidential may include but are. not limited to:
documents relating fo ,a criminal investigation; and. other information supplied by
confidential: sources (e.g.; confidential performance appraisals).
SECTION 57 -ALCOHOL / DRiJG FREE WORK PLACE
1. PURPOSE
The City and the Union. agree that it is in their interest to maintain a work environment
free, from the use of alcohol and the adverse effects of illegal drugs.
2. POLICY
The use of alcohol and norm-medically authorized drug use which adversely affects or is
likely to adversely affect an employee's job performance or which j'eopardi`zes the safety
of an employee or other employees,'the public, or City equipment will result in
disciplinary action as required by Government Code Section 8355(a):
Memorandum. of Understanding: Unit 7 45
July 14,.2000
An employee who is using prescription drugs or medication, which affects his/her ability
to work safely, is responsible for bringing That rmatter to the attention of his/her supervisor.
Such disclosure shall be kept confidential- as. required by applicable law. Supervisors
should be alert to the effect of medication or illness oil an employee's ability to perform
work safely.
The City commits itself to maintain an Employee Assistance Program (EAP). An
employee is encouraged to seek such assistance before the use of illegal. drugs affects job
performance. The City EAP will be available to help an employee aild his/her family with
alcohol and/or drug related problems. Voluntary participation in the EAP is treated on a
confidential basis and does not affect an employee's job status.
3. PROCEIDTJRES
A. Evidence of an employee who possesses; is under the influence, uses or is
involved in furnishing, selling, or offering alcohol or illegal drugs while
on the job must be reported by employee's.Department Head.
B. An employee. is required to perform his/her duties in a safe manner, and
supervisors l~.ave a responsibility to ensure that this is done. If a
supervisor suspects that an employee is worlcirig in an unsafe manner due
to drugs or alcohol, the supervisor is responsible for taking those actions
necessary to ensure that reasonably safe working conditions are
maintained.
C. If the City has reasonable suspicion to suspect that an employee is not fit
for duty, it inay require the .employee to submit to a medical examination
by a City designated medical facility. It is the responsibility of the City
designated medical facility to determine after the examination whether the
employee is fit or unfit for duty. During the examination, the medical
facility may require the employee to provide a blood or urine sample for
drug and alcohol screening..
D. In the event of an accident involving personal injury, the employee
involved will be subject to a mandatory drug/alcohol test.
Additionally:
Certain prescribed and over the counter drugs have "laiown" potential side
effects which can:
-- Adversely affect judgment;
-- Affect mental alertness;
-- Affect physical balance or the ability to accomplish strenuous physical
acts; and/or
Memorandum of Understanding: Unit 7 46
July ]4, 2000
-- Otherwise affect Fire Fighter's ability to per--form all job functions. safely
and expertly.
2. Members are responsible for ascertaining :the lctiown, :potential side effects
of prescribea`and over-tlle=counter medications they may tal{e. This may
and shall be accomplished, e.g., through review of the warning labels on
such medications, consultation with the member's physician, consultation
with a pharmacist, or review of readily available-data such. as books listing
commonly available medications and their side effects.
3: A member`taking. anyprescription and/or over-the-counter medication
known to haveany. ofthe -above potential side effects shall:
A. Inform his/her direct supervisor that he/she is taking, such
medications
B. Carefully monitor his/11er ability to fully and safely perform.
services; and
C. Remove himself/herself from duty, in accordance: with departmental,
procedures, in, the event that the member perceives. that the
medication is having. an adverse affect on judgment or work.;
The Department also retains the right and authority to remove a
member from duty in the event that the. Department has a rational.
basis for concluding that. the member's judgment: or ability to work
has been affected by ingest-ion of a prescription or over-the-counter
drug.
4. In fulfilling their_responsibilty under this section, members are not
required to explain the illness or medical condition for which they are
taking medication.
5. The Department shall. take all :reasonable steps to protect members'
. privacy under the circumstances involved"in this section.
D. Any employee who voluntarily comes. forward to. hslher supervisor or'the
City's EAP requesting assistance with chemical depend, ency shall have
such requests treated. confidentially. Participation in. the Employee
Assistance Program does not, however; relieve employees of their
responsibility to meet work performance requirements:-
E. Should an employee be disciplined .due to an incident which. involves. a
violation of the Department Drug and Alcohol Policy,.. the City may
require participation in a substance abuse program in addition to other
disciplinary action and the empl"ogee: shall faithfully participate in such a
program. Failure to agree to and participate in such a program. shall be
cause'for dismissal.
F. Employees shall be recommended for either athirty= (30) day suspension
or termination if found under the influence or possessing illegal drugs.
Memorandum of Understanding: Unit 7 47
July 14; 2000
SECTION 58 . LAYOFF PROCEDURE'
Notification:
Employees to be .laid off shall be given, whenever possible, at least
fourteen (14) calendar days prior notice.
2. Vacancy and Demotion:
Except as otherwise provided, whenever there is a reduction in the work
force, the appointing authority shall first demote to a vacancy, if any, in a
lower classification for which the employee who is the latest to be laid off
in accordance with Section 6 is qualified. All persons so demoted shall
have their names placed on the re-employment list.
Employee Rights:
An employee affected by layoff shall have the right to displace an
employee in the same department who has less seniority in 1) a lower
classification in the same classification series or in 2) a lower
classification in which the affected employee once had regular status. For
the purpose of this. section aild Section 5, seniority includes all periods of
full-time service within the City of Petaluma Fire Service at. or above the
classification level where the layoff is to occur.
4. Seniority:
In order to retreat to a former or lower classification, anemployee must
have more seniority than at least one (1) of the incumbents in the retreat
classification, be qualified to hold the retreat classification or have served
in the retreat classification prior to the layoff and request displacement
action in writing to the Human Resources Department within five (5)
working days of receipt of notice of layoff.
Employees within each category shall be laid off in reverse order of
seniority within the classification series. Seniority for the retreat
classification would be the combination of time served at or above the
layoff classific,ation,and any prior time served in the'retreat classification.
Ties will be broken based on seniority of total City service
Employees retreating to a lower or similar classification shall be placed at
the salary step representing the least loss of pay. In no case shall the
salary be increased above that received in the classification from which
t11e employee was laid off.
Employees retreating to a lower or similar classification shall serve a
probationary period in the new classification unless they have previously
Memorandum of Understanding: Unit 7 48
July 14, 2000
successfully completed. a probationary period,in the retreat classification
or a higher classification in the series.
Employmeizf Status:
In each classification of position within the competitive' service,
employees shall be laid off according to employment status in the
following order: temporary., provisional, probationary, and regular.
Temporary, provisional and probationary employees shall be laid off
according to the needs of the service as determined by the appointing
authority.
6. Re-employment List:
The names of persons laid off or demoted- in accordance with these rules
shall be placed on a re=employment list. Lists from different departments
or at different times for the same. classification of position shall be
combined into a single list. Such fist. shall. be used by every appointing
authority when a vacancy arises in the same or lower classification of
position before cerfification:is made from an eligibility .list.
7. Duration of Re-Employment List:
Names of persons laid off shall be carried on a re-employment list. for-two
(2),years; except.that°persons appointed to regular positions of the;same
level. as that which laid. off, shall,. upon such appointment, be dropped
from the list. Persons who° refuse re-employment. shall be~ dropped from.
the list. Persons re-employed in a Gower classification, or on a temporary
basis, shall be continued on the list for the higher position for two (2)
years.
Employees in Public Safety classifications shall be subject to all
appropriate regular medical testing in order to determine fitness for duty.
Any such testing will. be in, accordance with. the Americans with
.Disabilities Act. ~ No. employee who was physically qualified for
employment at-time of layoff shall be denied. employment, subj ect to
successful regular medical f tness for duty testing under this section.
'Memorandum oflJnderstanding: Unit 7 49
July 14, 2000
SECTION 59 -GRIEVANCE PROCEDUI
A. Purpose of Rule
To promote improved .employer-employee relations by establishing
grievance procedures on matters for which appeal or hearing is not
provided by other regulations.
2. To afford employees .individually or through qualified employee
organizations a systematic means of obtaining further consideration of
problems after every reasonable effort has failed to .resolve them through
discussions.
To provide that grievances shall be settled as near as possible to the point
of origin.
4. To provide that appeals shall be conducted as informally as possible.
B. Matters Subject to Grievance Procedure
A grievance is a dispute. over the interpretation, application or enforcement of the
express terms of the MOLD. All. formal grievances shall be submitted in writing
on the form attached to the MOU as Appendix 1. The City is not required to meet
with. any employee over a,grievance unless the grievance is submitted in writing
on the appropriate grievance form.
C. Informal Grievance Procedure
An employee who has a problem or complaint should first try to get it settled
through discussiori with his/her Battalion Chief without undue delay. If, after this
discussion, he/she does .not believe the problem has. been satisfactorily resolved,
he/she shall have the right to discuss ~it with the Fire Chief. Every effort should be
made to find an acceptable solution by informal means at the lowest possible level
of supervision.
If the employee is not in agreement with the decision reached by discussion with
the Fire Cluef, he/she shall then have the right to file a formal appeal in writing
within ten (10) calendar days.
D. Formal Grievance Procedure
First level.. of review: The appeal shall be presented in writing to the
employee's.Battalion Chief, who shall render his/her decision and
comments in writing alid return them to the employee within ten (10)
calendar days after receiving the appeal.. If the employee- does not agree
with his/her Battalion Chief s decision, or if no answer has been received
within ten. (10) calendar days, the employee may present the appeal in
writing to the Fire Chief. Failure of the employee to take further action
within ten (10) calendar days after receipt of the written decision of his/her
Memorandum of Understanding: Unit 7 50
July l4, 2000
supervisor, or within a total of fifteen (15') calendar days if no decision-is
rendered, will constitute a dropping of the appeal.
2. Department Review: The department head {or his/her' designated
representative), after receiving the appeal, should discuss the grievance
with the employee, his/her representative, 'if any, and with other
appropriate persons. The department head shall r-ender his/her decision
and comments in writing,, and return them to the employee within ten (1~0)
calendar days after receiving the appeal. If the employee does not agree
wit11 the decsionxeached, e~€ '
L1 (ll ro'1'cnflor (l.wa o~For ranarn4'nf 41ia rlnni'dinn -nr tiii+him ~,+n}.+l-nf ~~Ynar~
(1 Gl.nolanrlor r1~~7o .i`f nn-r-lanini'nr~ ih"rn~~nrcrl .,sill nnr~o4ifii+o n ilrnri~inm ~~
.. ,
~~ or if the department Bead fails to render a"written decision..
within ten (1+0) calendar days after~receving the appeal, the employee may-
advance the appeal to the. City Manager within fifteen (1 S) calendar 'day,s.
3. ~ .City Manager: The .City Manager. receiving the appeal, or his/her
designated..representatve,. should discuss the. grievance with the employee,
his/,her representative; if any, and with other appropriate persons. The
City Manager may designate a.fact finding committee; not in the normal
ne of supervision, of Personnel Board to :advise him concerning the
appeal. The City Manager shall render a decision in writing to the
employee'wthintw~nty (20) calendar days after receiving the appeal.
Arbitration:
4. If the grievance-involves a dispute over the interpretation,. application or
enforcement of the express terms of the. MOU or a disciplinary action-of
termination outside probation, demotion, or suspension without pay
.beyond one work day, and if either -the Union. or the employee is
dissatisfied with the decision of the City Manager,, either the Urion or the.
employee inay, within 14 calendar days:of receipt of°the decision,;renuire
that tl?e. grievance be submitted to an impartial arbitrator who shall be
selected by mutual agreement. or, of such agreement is not reached, by
alternately striking names from a list of five (5) arbitrators submitted by
the State of California Conciliation Service, with. the first party to strike to
be determined by lot.
'The fees and expenses of the arbitrator and of the court repoter, if any,
shall be shared ~equahy`by the City aizd by the party reduestng arbitration
(i.e., the employee or`the. Union). 'The party renuestng arbitration. (i.e.,
the employee or the Union) and the City shall bear the costs of its bwri
presentation; ,including preparation and post-hearingbriefs; of-any, and the
costs of `its representative: The decision of the Arbitrator shall be final and
binding on all parties.
Memorandum of Understanding:. Unit 7 51
July 14, 2000
Conduct, of Grievance Procedure
a. The time'limtS specfied..above may be extended to a
definite, date by mutual. agreement of the employee and the
reviewer concerned.
b. The employee may request the assistance of another person
of his/her own choosing in preparing and presenting his/her
appeal at any level of review.
c. The employee and his/her representative may be privileged
to use a:reasonable amount of work time as determined by
the appropriate department head in conferring about and
presenting the appeal.
d. The employees shall be assured freedom from reprisal for
using. the grievance procedures.
SECTION 60 -DISCIPLINE
Except for probationary employees; unless otherwise required by law, no employee shall
be suspended for one (1) day or more or discharged without just cause.
A hearirig shall be held to investigate the charges prior to the imposition of discipline or
discharge. Prior to the hearing, the employee and Union shall be notified in writing of
the charges; shall be provided with those documents and materials upon which the
proposed discipline is based; and notified of the time -and place of the hearing. The
employee shall have the right to be accompanied and. represented by the Union and/or
legal counsel.
Corrective discipline is defined as any suspension of one (1) day or more.
SECTION 61 -COMMUNICATION PROCEDURE
The parties agree to improve mutual communication and foster collaboration and shared
responsibility for problem soling on all matters of the City and Union. This includes
consultation on matters of departmental operation and meeting and conferring on matters
affecting wages, hours and working conditions within the scope of representation.
The parties, shall continue monthly labor/management meetings, where all matters of
department operation may be discussed. based on an agenda jointly developed by the
parties. In addition to such monthly meetings, either party may initiate other meeting(s)
by notifying. the ,other of their desire to discuss further issues as they arise. The parties
acla7owledge that such notice does not constitute compliance with this section. Each
party shall designate its representative for such discussions. If either party determines the
Memorandum of Understanding; Unit 7 52
July 14, 2000
issue to be of immediate importance, discussions shall eomn~ence at the earliest possible
time.
If the City desires to change a matter affecting wages,. hours or worleng conditions within
the scope of representation not covered by this Iv10U, it shall' so notify'th`e Union. If-the
Union desires to negotiate, it viwill notify the City, and the parties will. meet and confer in
good faith on an expedted'basis.
Each party commits to being open minded, to avoid predetermined results, and fully
consider in ,good faith the interests of the other party prior to arriving at a decision or
course of action.
Once a decsionis reached, the department will provide to the Union its reason for the
decision. This procedure shall. be a supplement to, Nand not in place of, any -procedure
available pursuant to the City Charter; provided that nothing in this section shall be
construed to modify or enlarge t11e scope of matters subject to meeting and conferring or
interest arbitration.
SECTION 62 -SAVINGS CLAUSE
Should any part of this Memorandum. be rendered or declared illegal or invalid by
legislation, decree of'a court,of competent, jurisdiction or other established govenunental
administrative tribunal or board, such invalidation sliall riot affect the remaining portions
of the Memorandum.
.SECTION 63 - COIVII'LETE AGREEMENT
Tlie parties agree that-they have met and conferred fully with respect to all. meet. and
confer subjects .and have settled all matters as set forth in this Memorandum of
Understanding. The .parEies further agree that the 1VIOLT~represents the complete
agreement between there.
Memorandum of Understanding: Unit 7 53
July 14, 2000
POSTSCRII' 1
The parties affix their signatures as constituting mutual acceptance and recommendation
of this -Memorandum of Understanding to become effective upon acceptance and
approval of the City Council.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1415, PETALUMA
~~ ~~
[-t r ~ ~ ~
CITY OF PETALUMA
/~ ~ov~
Memorandum of Understanding: Unit 7 54
July 14, 2000
Appendix 1
CITY ®F P~ETALUMA
PERSONNEL/RISK MANAGEMENT
SUBJECT: GRIEVANCE RECORD FORM
The informal grievance procedure should be exhausted,prioc to the filing of a formal grievance. This form is to.be
completed in accordance wifh the MOU and shall.be _filled by the grievant with his/her $attalion Chief.
DATE FILED:
EMPLOYEE(S) INVOLVED/CLASS°TITLE:
UNION REPRESENTATIVE:
DATE OF INCIDENT.:
ALLEGED VIOLATION OF MOU SECTIONt
COMPLAINT:
REMEDY SOUGHT:
DATE
SIGNATURE OF GRIEVANTS)
DATE
SIGNATURE OF GRIEVANTS)
TELEPHONE NUMBER
REPRESENTATIVE FOR THE'GRIEVANT(S)
ADDRESS:
I AUTHORIZE THIS GRIEVANCE TQ $E RELEASED TO THE IAFF LOCAL 1415 BOARD;
Meinoi`andum of Understanding: Unit 7 55
July 14;.2000
^ YES ^ NO
RECEIVED BY: DATE:
GRIEVANCE FILED WITHIN TIME LIMITS ^ YES ^ NO
FACTS INVESTIGATED:
ANSWER GIVEN (level one -Battalion Chief):
SIGNATURE: DATE:
ANSWER GIVEN (level two -Department Head):
SIGNATURE: DATE:
ANSWER GIVEN (level three -City Manager):
SIGNATURE: -DATE:
'FOLLOW=UP:
per/grvrcd
Memorandum of Understanding: Unit 7 56
City of Petaluma.. and International.Association of Fare ~iglaters, Loca1.1415
Side_Letter re Article 13 (Salary)
The parties agree.ahat as a feature of negotiations; it is relevant to consider the total.
compensation, including: employer and employee retirement contributions; of employee
groups under consideration,. and to utilize surveys of employees similarly situated for
purposes of comparison. The survey process shall be advisory, but. not binding; with..
jurisdictions and specific defiiution of total:compensation to be determined by IBB
subcommittee. The subcommittee shall commence meeting within. 90 days of agreement;
and shall complete:its evaluation within sixmonths..
Dated: July i?, 2000
Dated: July ~, 2000
ichael Acorne
Chief Negotiator
City of Petaluma:
_.~-!
Judd Cuemin
President
IAFF Local 14.15
Captain and engineer positions shall be filled through internal promotions. The City has
the prerogative to conduct open testing .for -fire mid-management positions. Consistent
with this prerogative, testing for the next battalion chief examination (anticipated to occur
in the 2001 calendar year) will. be by open. recruitment.. The test will occur a reasonable
time after the department decides to fill the position. The first two duty or suppression
battalion chief openings will- be -filled by bargaining unit candidates, provided that this
does not create a precedent: or practice of limiting:. the City's discretion in hiring.
Dated: July%~ , 2000
.Dated: July~~, 2000
ichael Ac me
Chief Negotiator
City of.Petaluma
~YJ ~~~ ~~~~.
Judd Cuenin
President
IAFF Local 1415
City of Petaluma and ~nternationalAssociation ofFi~e Fi~hteas, I,oca114.1'S
The following language shall be added to the Department's rules' and regulations
governing supervisor conduct:
As supervisors, fire captains have special obligations.'These include the obligation to:
1. Monitor, inahe.interest Hof economy,,. efficiency,. and.public service,; members'
compliance with.departmental_:rules, po_lices,. and procedures,
2. Administer standards of performance, correct inappropriate conduct and: behavior,
and fully'and accurately document and report incidents of potential violations of
Departmental and' City rules:
3. Administer policy in the :interest of the Department on a daily basis. and make
recommendations to management for.needed changes.
4. Act as role models in reference to standards of behavior, appearance acid
performance. '
5. Effectively and efficiently ,perform all aspectsa of assigned responsibilities.
6. Identify cost-effective training needs and solutions and;recommend same to
management.
7. Participate in all fire department. supervisory activities.
8. Fully and effectively implement;managemerit decisions•once made.
9. Encourage and effect full communications within management and .to the rank and
file.
10. Contribute to :high. morale within the Department; emphasizing; teamwork:in all
endeavors.
11. Appropriatelymonitor the activities of rank and file members of the Department.
Fire Captains will .fully comply with the foregoing obligations.
Dated:.Tuly%>, 2000
Dated: July ~, 2000
,."~"C
1Vlichael Ac me
Chief Negotiator
City of Petaluma
Judd Cuenin
President.
IAFF Local 1.415
City of Petaluma and Ynternational.Associafon. of Fire F`i~hters, L,oca11415
Side letter re Longevity/Merit `Pav Premium
.Effective July 1, `2000 and continuing through June 30, 2002, in recognition of the
longevity and contributions of Unit 7 members who have completed twenty-five (25)
years of service within the fire service of the City of Petaluma, such members shall be
eligible for a monthly longevity/merit pay premium of five percent (5%) of base- salary.
The Fire Chief may award such premium, on an annual basis, to all eligible members
deemed qualified.
The City of Petaluma agrees to report longevity/merit pay premium as "special
compensation" under PERS rules.
The parties agree that this longevity/merit. pay premium is non-precedential, does .not
establish a past practice, and shall expire as stated above.
Dated: July ~ 7, 2000
1Vfichael A orne
Chief Negotiator
City of Petaluma
Dated: July ~ 2000
Judd Cuenin
President
IAFF Loca11415
Side better Agreement Betweea IA~'F Local 1415.
Aga -
City of Petaluma, Califmrna
C®mpensat®ry T'irne Accrual - dire Inspect®rs
Representatives of LocaI1415 and the City of Petaluma have identified a~desireto
implement a Compensatory Time Accrual Policy for Fire Inspectors; assigned to a forty-
hour workweek.
The City and Loca11415 agree to implement a CTA/CTO Program for the above
positions subject to the following conditions:
1. Fire Inspectors may elect to have :overtime paid out at the overfirre rate or
accrued to compensatory. time accrued at 1.5 x the hours worked.
2: Compensatory Time Off shall be allowed only with the prior approval of the
Fire IVlarshall, subject to the operational needs of the City.
3 . Compensatory Time Accrual shall be limited to a balance of not; more than.
forty (40) hours on the books at any one -time. Excess hours will. be 'converted-
automafcally to pay at theovertime rate.
4. This :agreement will. be reviewed prior to the conclusion of the current labor
agreement. 'If corrtirrued beyond the current contract; this agreement or similar
language w-ill be incorporated into the overall labor agreement and this
document will be void at' that time.
AGREED:
^ ,~-
`~ ~ Ptit~t~~c~-
IAFF, Loca11.415
,~~
City of Petaluma
Date:. Date: