HomeMy WebLinkAboutResolution 2021-180 N.C.S. 11/01/2021 DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
Resolution No. 2021-180 N.C.S.
of the City of Petaluma, California
RESOLUTION RATIFYING THE MEMORANDA OF UNDERSTANDING, EFFECTIVE JULY 1,
2021 —JUNE 30, 2023, REACHED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE
CITY OF PETALUMA AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, UNIT 7
WHEREAS, the City of Petaluma and the International Association of Fire Fighters (IAFF), Unit 7,
through their duly authorized representatives, have concluded their mutual obligation to meet and confer in
good faith with respect to the successor contract provision provided by Section 1.2 of the IAFF Memorandum
of Understanding (MOU), effective January 1, 2018 — June 30, 2021, in accordance with the Meyers- Milias-
Brown Act and the City's Employer-Employee Relations, Rules and Regulations (Resolution No. 55412
N.C.S.); and,
WHEREAS, the duly authorized representatives of the City and the IAFF have reached a Tentative
Agreement and executed this MOU, effective July 1, 2021 — June 30, 2023, and recommend its approval by
the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28 of the Charter of the City of Petaluma, 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 good faith bargaining and employees'
compensation; and,
WHEREAS, the City Manager has reviewed and concurs with said MOU, effective July 1, 2021 —June 30,
2023, for IAFF, Unit 7, and does recommend that the City Council ratify said MOU; and,
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that ratifying the attached MOU
does not meet CEQA's definition of a "project," because the action does not have the potential for resulting
either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the
environment, and because this is a personnel-related action that constitutes organizational or administrative
activities of governments that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby:
1. Declares the above recitals to be true and correct and are incorporated into this resolution as findings of the
City Council.
2. Finds that the proposed action is exempt from the requirements of the California Environmental Quality Act
(CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that ratifying the attached MOU
does not meet CEQA's definition of a "project," because the action does not have the potential for resulting
either a direct physical change in the environment or a reasonably foreseeable indirect physical change in
the environment, and because this is a personnel-related action that constitutes organizational or
administrative activities of governments that will not result in direct or indirect physical changes in the
environment.
3. Ratifies the MOU, effective July 1, 2021 — June 30, 2023, between the City of Petaluma and the
International Association of Fire Fighters (IAFF), Unit 7, attached to and incorporated as Exhibit A.
Resolution No. 2021-180 N.C.S. Page I
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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 meeting on the 1st day of November FDocuftnedftim:
2021,by the following vote:
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AYES: Mayor Barrett;Vice Mayor Barnacle;Fischer;Healy;King;McDonnell;Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSigned by:
ATTEST:
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1 er ayor
Resolution No. 2021-180 N.C.S. Page 2
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EXHIBIT A
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PETALUMA
AND LOCAL 1415
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(UNIT 7)
J U LY 11 2021 - J U N E 305 2023
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TABLE OF CONTENTS
Section Provision Paqe
PREAMBLE .................................................................................................................................1
SECTION 1 - TERM OF AGREEMENT.......................................................................................1
SECTION 2 - RECOGNITION .....................................................................................................1
SECTION 3 - DEFINITION OF TERMS.......................................................................................1
SECTION 4 - UNION RIGHTS.....................................................................................................5
4.1 Union - Business..............................................................................................................5
4.2 Union - Non-Interference .................................................................................................5
4.3 Union - Discrimination Prohibited - Union Activity...........................................................5
4.4 Union - Bulletin Boards ....................................................................................................5
4.5 Union - Use of Facilities...................................................................................................5
4.6 Union - Union Bank of Time.............................................................................................5
SECTION 5 - UNION DUES DEDUCTION ..................................................................................6
5.1 Union Dues - Payroll Deductions .....................................................................................6
SECTION 6 - HOURS AND OVERTIME .....................................................................................6
6.1 Duty Shifts - Work Week..................................................................................................6
6.2 Shift Rotation ....................................................................................................................7
6.3 Temporary Reassignment ................................................................................................7
6.4 FLSA Period .....................................................................................................................7
6.5 Light Duty - Work week....................................................................................................7
6.6 Light Duty - Benefits.........................................................................................................7
6.7 Light Duty - Holidays........................................................................................................7
6.8 Forty-Hour Work Week and FLSA....................................................................................7
6.9 Overtime - Resolution of Overtime...................................................................................8
6.10 Overtime - Administered by the City ................................................................................8
6.11 Overtime General - Shift Personnel .................................................................................8
6.12 Overtime - Fire Recall and Special Recall .......................................................................8
6.13 Overtime - Shift Continuation...........................................................................................8
6.14 Overtime - Mandated Certification Training .....................................................................8
6.15 Physical Training Time .....................................................................................................8
6.16 Overtime Compensation - Compensatory Time...............................................................8
6.17 Compensatory Time - Request for Time..........................................................................9
6.18 Compensatory Time Payout .............................................................................................9
SECTION 7 - MINIMUM STAFFING............................................................................................9
SECTION 8 - SHIFT TRADES.....................................................................................................9
8.1 Shift Trades - Limit ..........................................................................................................9
8.2 Shift Trades -Approval ....................................................................................................9
8.3 Shift Trades - Denial ........................................................................................................9
8.4 Shift Trades -Advance Notification - 3 Shifts..................................................................10
8.5 Shift Trades -Advance Notification - 4 Shifts or More.....................................................10
8.6 Shift Trades - In Excess of Thirty (30) Shifts....................................................................10
8.7 Shift Trades - Individual Responsibility ............................................................................10
8.8 Shift Trades - Leave.........................................................................................................10
8.9 Shift Trades - Employee Responsibility ...........................................................................10
July 1, 2021 -June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU i
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Section Provision Paqe
SECTION9 - SALARIES.............................................................................................................11
9.1 Salaries
9.2 Merit Advancement - Not Automatic ................................................................................11
9.3 Merit Advancement - Schedule........................................................................................11
9.4 Merit Advancement - Effective Date.................................................................................11
9.5 Salary- Out of Grade Pay................................................................................................11
9.6 Bilingual Pay - Spanish ....................................................................................................11
9.7 Education Incentive Pay ...................................................................................................11
9.8 Certificate Pay ..................................................................................................................12
9.9 Longevity Pay - 15 Years of Service................................................................................12
9.10 Fire Investigations - Standby Pay....................................................................................12
SECTION 10 - UNIFORM AND CLOTHING ALLOWANCE .......................................................13
10.1 Uniform and Clothing Allowance.......................................................................................13
SECTION 11 - HOLIDAYS ..........................................................................................................13
11.1 Holidays - Scheduled.......................................................................................................13
11.2 Holidays - Observed .......................................................................................................13
11.3 Holiday Pay - Calculation.................................................................................................13
SECTION 12 - VACATION..........................................................................................................13
12.1 Vacation - Eligibility..........................................................................................................13
12.2 Vacation - New Employee................................................................................................14
12.3 Vacation -Accrual............................................................................................................14
12.4 Vacation - Selection Procedure........................................................................................14
12.5 Vacation - Deferral...........................................................................................................15
12.6 Vacation - Labor Code 4850 Leave .................................................................................15
12.7 Vacation -Annual vacation Transfer to Retiree Medical Trust.........................................16
12.8 Vacation - Vacation Payment at Separation.......................................................... 16
12.9 Vacation - Vacation Payment at Retirement..........................................................16
SECTION 13 - LEAVES - SICK LEAVE.....................................................................................16
13.1 Sick Leave -Accrual ........................................................................................................16
13.2 Sick Leave Usage - Employee.........................................................................................16
13.3 Sick Leave Usage - Family Purposes ..............................................................................16
13.4 Sick Leave - Notification Procedures ...............................................................................17
13.5 Sick Leave - Physician Certification.................................................................................17
13.6 Sick Leave - Rate of Usage .............................................................................................17
13.7 Sick Leave - Light Duty Non-Duty Injury ..........................................................................17
13.8 Sick Leave - Light Duty - Work Related Injury.................................................................17
13.9 Sick Leave - Relationship to Workers' Compensation .....................................................17
13.10 Sick Leave - Use During Vacation ...................................................................................18
13.11 Sick Leave - Use Disability ..............................................................................................18
13.12 Sick Leave - Payment at Retirement................................................................................18
13.13 Sick Leave - Payment at Disability Retirement ................................................................18
SECTION 14 - LEAVES - WORKERS' COMPENSATION.........................................................18
SECTION 15 - LEAVES - BEREAVEMENT LEAVE ..................................................................19
15.1 Bereavement Leave - Time..............................................................................................19
15.2 Bereavement Leave - Definition of Family .......................................................................19
15.3 Bereavement Leave - Travel Time...................................................................................19
15.4 Bereavement Leave - Fire Inspector and Assistant Fire Marshal ....................................19
July 1, 2021 -June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU ii
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Section Provision Paqe
SECTION 16 — LEAVES — LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE & SEXUAL
ASSAULT ..........................................................................................19
SECTION 17 — LEAVES — MILITARY LEAVE.............................................................................19
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE ......................19
SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE .........................................................20
SECTION 20 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY............................................20
SECTION 21 — LEAVES — JURY DUTY LEAVE .........................................................................20
21.1 Jury Leave with Pay..........................................................................................................20
21.2 Jury Leave — Notification ..................................................................................................20
21.3 Jury Leave — Telephone Check-In....................................................................................20
SECTION 22 — LEAVES — FAMILY CARE & MEDICAL LEAVE (FMLA & CFRA) ....................20
22.1 FMLA and or CRFA Leave ...............................................................................................20
22.2 FMLA and or CRFA — Second Opinion.............................................................................20
SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE..................................................21
23.1 Pregnancy Disability Leave ..............................................................................................21
23.2 PDL — Transfer .................................................................................................................21
SECTION 24 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED ................21
SECTION 25 — REASONABLE ACCOMMODATION..................................................................21
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM ........................21
SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES ...................................................23
27.1 Active Employees — PEMHCA Contribution......................................................................23
27.2 Active Employees — Additional Benefit .............................................................................23
27.3 Employee Contribution.............................................................................................................. 24
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES.................................................24
28.1 Retired Employees — CalPERS and the PEMHCA...........................................................24
28.2 CalPERS Annuitant — PEMHCA Health Benefits..............................................................24
28.3 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits.....................24
28.4 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits............................24
28.5 20 Years or More of Service — Not Receiving PEMHCA Health Benefits .........................24
28.6 20 Years or More of Service — Receiving PEMHCA Health Benefits................................24
SECTION 29 — RETIRED EMPLOYEES — DISABILITY BENEFITS ...........................................25
29.1 CalPERS Annuitant — PEMHCA Health Benefits..............................................................25
29.2 Less Than 15 Years of Service — Not Receiving PEMHCA Health Benefits.....................25
29.3 15 Years or More Service — Receiving PEMHCA Health Benefits....................................25
29.4 15 Years or More Service — Not Receiving PEMHCA Health Benefits .............................25
SECTION 30 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS ....................................25
SECTION 31 — SECTION 125 PLAN ...........................................................................................25
SECTION 32 — DENTAL PROGRAM...........................................................................................26
SECTION 33 — VISION PROGRAM.............................................................................................26
SECTION 34 — LIFE INSURANCE...............................................................................................26
SECTION 35 — LONG TERM DISABILITY INSURANCE ............................................................26
35.1 LTD —Amount...................................................................................................................26
35.2 LTD — No Sick Leave Deduction.......................................................................................26
SECTION 36 — EMPLOYEE ASSISTANCE PROGRAM .............................................................27
SECTION 37 — DEFERRED COMPENSATION...........................................................................27
SECTION 38 — PERSONAL EXPOSURE REPORTING..............................................................27
July 1, 2021 —June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU M
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Section Provision Paqe
SECTION 39 - CLASS B PHYSICALS........................................................................................27
39.1 Class B Physicals - Frequency ........................................................................................27
39.2 Class B Physicals - Employee Reimbursement...............................................................27
39.3 Class B Physicals - 30 Days Notice.................................................................................27
39.4 Class B Physicals - No Cost to Employee .......................................................................27
39.5 Class B Physicals - Prior Approval...................................................................................27
39.6 Class B Physicals - Program Limitations .........................................................................27
SECTION 40 - CLASS B and C DRIVER LICENSE ...................................................................28
40.1 Class B and C - Requirement ..........................................................................................28
40.2 Class B - Pull Notice - Purpose.......................................................................................28
40.3 Class B - Process Pull Notice is Received.......................................................................28
40.4 Class B - Lapse/Loss of Class B......................................................................................28
SECTION 41 - SICK LEAVE TRANSFER...................................................................................28
41.1 Sick Leave Transfer..........................................................................................................28
41.2 Sick Leave Transfer- Limitations.....................................................................................28
41.3 Sick Leave Transfer- Employees with 365 Days Service................................................29
SECTION 42 - FIRE INSPECTOR...............................................................................................29
42.1 Fire Inspector and Assistant Fire Marshal - Rights ..........................................................29
42.2 Fire Inspector and Assistant Fire Marshal - Work Week..................................................29
42.3 Fire Inspector and Assistant Fire Marshal - Overtime......................................................29
42.4 Fire Inspector and Assistant Fire Marshal - Compensatory Time ....................................29
42.5 Fire Inspector and Assistant Fire Marshal - Holidays.......................................................30
42.6 Fire Inspector and Assistant Fire Marshal - Floating Holiday...........................................30
42.7 Fire Inspector and Assistant Fire Marshal - Call in Holidays............................................30
42.8 Fire Inspector and Assistant Fire Marshal -Vacation Accrual..........................................30
42.9 Fire Inspector and Assistant Fire Marshal -Vacation Deferral.........................................31
42.10 Fire Inspector and Assistant Fire Marshal - Sick Leave...................................................31
42.11 Fire Inspector and Assistant Fire Marshal - Rate of Usage..............................................31
SECTION 43 - MAINTENANCE OF CERTIFICATIONS/ LICENSES .........................................31
SECTION 44 - FIREFIGHTER OPENINGS.................................................................................31
SECTION 45 - PROMOTIONAL TESTING AND JOB CLASSIFICATIONS...............................31
45.1 Promotional Testing & Job Classifications - Meet and Confer.........................................31
45.2 Promotional Testing & Job Classifications - Disputes......................................................31
45.3 Promotional Testing & Job Classifications - Posting Requirements.................................32
45.4 Promotional Testing & Job Classifications - Changes in Process....................................32
45.5 Promotional Testing & Job Classifications - Eligibility Lists..............................................32
SECTION 46 - PROBATIONARY PERIOD.................................................................................32
46.1 Purpose of Probation........................................................................................................32
46.2 Periodic Probationary Evaluation......................................................................................32
46.3 Length of Probationary Period ..........................................................................................32
46.4 Rejection during Probation ...............................................................................................32
46.5 Extension of Probationary Period .....................................................................................32
46.7 Unsuccessful Passage of Promotional Probation .............................................................33
SECTION 47 - SAFETY COMMITTEE ........................................................................................33
SECTION 48 - PERSONNEL FILES ...........................................................................................33
48.1 Personnel Files - Access to Personnel File......................................................................33
48.2 Personnel Files -Acknowledge Receipt...........................................................................33
48.3 Personnel Files - Adverse Comments..............................................................................33
July 1, 2021 -June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU iv
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Section Provision Paqe
SECTION 49 — DISCIPLINE.........................................................................................................33
49.1 Discipline — Just Cause ....................................................................................................33
49.2 Discipline — Discipline Hearing .........................................................................................33
49.3 Discipline — Corrective Discipline Defined ........................................................................34
SECTION 50 — ALCOHOL / DRUG FREE WORKPLACE...........................................................34
50.1 Alcohol/Drug Free Workplace — Purpose..........................................................................34
50.2 Alcohol/Drug Free Workplace — Policy .............................................................................34
50.3 Alcohol/Drug Free Workplace — Prescription Medication..................................................34
50.4 Alcohol/Drug Free Workplace — EAP................................................................................34
50.5 Alcohol/Drug Free Workplace — Procedures.....................................................................34
50.6 Alcohol/Drug Free Workplace — Side Effects....................................................................35
SECTION 51 — GRIEVANCE PROCEDURE................................................................................36
51.1 Grievance — Purpose of Rule............................................................................................36
51.2 Grievance — Matters Subject to Grievance Procedure......................................................36
51.3 Grievance — Informal ........................................................................................................36
51.4 Grievance — Formal ..........................................................................................................36
51.5 Grievance — Conduct........................................................................................................37
SECTION 52 — LAYOFF PROCEDURE.......................................................................................38
52.1 Layoff— Notification .........................................................................................................38
52.2 Layoff— Vacancy and Demotion.......................................................................................38
52.3 Layoff— Employee Rights.................................................................................................38
52.4 Layoff— Seniority..............................................................................................................38
52.5 Layoff— Employment Status.............................................................................................39
52.6 Layoff— Re-employment List............................................................................................39
52.7 Layoff— Duration of Re-Employment List .........................................................................39
SECTION 53 — COMMUNICATION PROCEDURE......................................................................39
53.1 Communication Procedure — Problem Solving .................................................................39
53.2 Communication Procedure — Labor/Management Meetings.............................................39
53.3 Communication Procedure — Union Notification ...............................................................39
53.4 Communication Procedure — Open Minded......................................................................40
53.5 Communication Procedure — Reason for Decision ...........................................................40
SECTION 54 — SAVINGS CLAUSE.............................................................................................40
SECTION 55 — MUTUAL ACCEPTANCE AND RECOMMENDATION .......................................40
EXHIBIT A — SALARY TABLES..................................................................................................43
EXHIBIT B — SURVEY JURISDICTIONS.....................................................................................44
EXHIBIT C — GRIEVANCE FORM ...............................................................................................45
EXHIBIT D — RETIREE MEDICAL TRUST SIDE LETTER AGREEMENT .................................47
July 1, 2021 —June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PETALUMA
AND LOCAL 1415
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(IAFF)
July 1, 2021 — JUNE 30, 2023
PREAMBLE
This agreement between the duly appointed representatives of Local 1415 International
Association of Firefighters, hereinafter referred to as the "Union", and the City of Petaluma,
hereinafter referred to as the "City," contains the agreement of each concerning wages, hours
and other terms and conditions of employment for the term of this Memorandum of
Understanding (MOU).
The parties jointly agree to recommend to the City Council of the City of Petaluma the adoption
of this Memorandum effective July 1, 2021.
SECTION 1 — TERM OF AGREEMENT
1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on July 1,
2021 with adoption by the City Council and continuing through June 30, 2023.
1.2 Notice of Successor Memorandum
The parties will commence meeting and conferring for a subsequent Memorandum of
Understanding no later than the end of January 2023. The Union shall provide the City
Manager with a written request to commence negotiations as well as its written initial
proposals for any successor Memorandum of Understanding.
SECTION 2 — RECOGNITION
The City recognizes the Union as the exclusive bargaining representatives for the Firefighters
bargaining unit. The bargaining units consist of all full-time employees in allocated positions in
the classifications listed below:
Firefighter
Firefighter Paramedic
Fire Engineer
Fire Engineer/Paramedic
Fire Captain
Fire Inspector
Assistant Fire Marshal
SECTION 3 — DEFINITION OF TERMS
The following definitions apply throughout this MOU unless the context requires another
meaning.
3.1 Advancement: shall mean a salary increase within the limits of a pay range established
for a job classification.
July 1, 2021 —June 30, 2023 City of Petaluma/ IAFF Unit 7 MOU 1
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3.2 Allocations: 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.
3.3 Anniversary Date: shall mean the anniversary of the date of the employee's first regular
probationary appointment with the City.
3.4 Applicant: shall mean a person who has filed an application to take a promotional exam
with the City.
3.5 Appointment Authority: shall mean the City Manager or his or her delegate who, in his
or her individual capacity, have the final authority to make the appointment to the
regular position to be filled.
3.6 Bulletin Board: shall mean the official posting place for Union notices as prescribed by
this MOU.
3.7 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.
3.8 Certification/License: shall mean a document certifying that one has fulfilled the
requirements within the scope of that certification or license.
3.9 City: shall mean the City of Petaluma.
3.10 City Manager: shall mean the City Manager of Petaluma.
3.11 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.
3.12 Classification Plan: shall mean all regular positions in the competitive service defined by
classification specification including title.
3.13 Competitive Service: shall mean all regular positions of employment in the service of the
City except those specifically excluded by ordinance.
3.14 Demotion: shall mean the movement of an employee from one classification to a lower
classification.
3.15 Department Head: shall mean the individual who is designated the administrative head
of a department.
3.16 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.
3.17 Dismissal: shall mean the termination of employment for cause by the appointing
authority.
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 2
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3.18 Eligible: shall mean a person whose name is on an Open Employment List or
Promotional Employment List.
3.19 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.
3.20 Examination:
(A) Open - Competitive Examination: An examination for a particular classification,
which is open to all persons meeting the qualifications for the classification.
(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 qualification 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.
3.21 FLSA Work Period: shall mean a twenty-eight (28) day work cycle that includes two (2)
pay periods. For Fire Inspector and Assistant Fire Marshal work period refer to section
42.
3.22 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.
3.23 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.
3.24 Minimum Qualifications: shall mean the lowest acceptable degree of skill, education,
abilities, experience, and personal and physical characteristics for the selection of an
appointee to fill a position vacancy.
3.25 Overtime Pay: shall mean payment to an employee for work in excess of the regular
workday.
3.26 Overtime Work: shall mean work performed in excess of the regular workday.
3.27 Passed Over: shall mean the rejection of a certified name on an Employment List in
favor of a certified name in a lower position on the Employment List.
3.28 Personnel Officer: shall mean the City Manager or a duly authorized representative.
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 3
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3.29 Pay Period: shall mean a fourteen (14) day period of time corresponding with the City's
published "Schedule of Pay Periods."
3.30 Position: shall mean a Regular Position in the Classified Service.
3.31 Probationary Employee: shall mean an employee assigned to a regular position for a
probationary period.
3.32 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.
3.33 Promotion: shall mean the movement of an employee from one classification to another
classification having a higher maximum rate of pay.
3.34 Promotional Probationary Period: shall mean the first one (1) year of an employee's
service in a promotional position.
3.35 Reclassification: shall mean a change of an employee's status from a position in one
classification to another position in a different classification.
3.36 Regular Employee: shall mean an employee who has successfully completed the
probationary period and has been retained by the City.
3.37 Regular Position: shall mean a position created by the City Council and assigned to an
existing classification within the classification plan.
3.38 Relief From Duty: shall mean the temporary assignment of an employee to a status of
leave with pay.
3.39 Resignation: shall mean any employee's voluntary separation from City employment.
3.40 Rotation: is defined as three (3) duty shifts assigned in a nine (9) day interval.
3.41 Seniority: shall mean that time from the date of hire within the Fire Department of those
classes represented within this MOU.
3.42 Suspension: shall mean the temporary separation from the service of an employee
without pay, for disciplinary purposes.
3.43 Transfer: shall mean a change of an employee from one position to another position in
the same classification or in a comparable classification.
3.44 Unit: shall mean the appropriate grouping of classification based on the community of
interests among such employees as determined by City of Petaluma.
3.45 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.
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 4
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SECTION 4 — UNION RIGHTS
4.1 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 (2) on duty Union members to attend scheduled meetings
with the City for the above purposes.
4.2 Union — Non-Interference
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.
4.3 Union — Discrimination Prohibited — Union Activity
There shall be no discrimination, interference, restraint, or coercion by the City against
any employee for his or her activity on behalf of, or membership in, the Union.
4.4 Union — Bulletin Boards
Union bulletin boards are authorized. All materials shall be plainly and legibly authorized
by the Union. Bulletin boards shall be placed in a mutually agreed area. The City shall
determine what portion of City provided joint use bulletin boards are to be allocated to
Union materials. No materials of a libelous, racist, obscene, sexual or discriminatory
nature shall be permitted.
4.5 Union — Use of Facilities
The Union President may, with the prior approval of the Fire Chief or his or her
designated representative be granted the use of Fire Department facilities for meetings
of employees in this Unit provided that:
(A) Other than regularly scheduled meetings, requests for such meetings are
submitted at least twenty-four (24) hours in advance.
(B) Such meetings do not conflict with other Fire Department activities.
(C) The purpose of the meeting scheduled is provided to the Fire Chief or his or her
designated representative at the time approval is requested.
(D) Such meetings shall not involve excessive or unnecessary station transfers or
result in financial responsibility to the City.
4.6 Union — Union Bank of Time
The Union has an established bank of time which is administered by a designated
Battalion Chief. This time is used by Union Officers for official union business and shall
not exceed a cumulative balance of four hundred and fifty (450) hours.
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The City shall contribute fifty (50) hours each fiscal year to the Union Bank of Time.
Union members shall be allowed to contribute hours of vacation to the Union Bank of
Time. This contributed amount shall not exceed seventy-two (72) hours during any
Fiscal Year for all Union Officers.
The Union Officers shall be allowed to draw down on this bank during the course of the
Fiscal Year. Any hours beyond the seventy-two (72) hours authorized in this section
shall be deducted from the Union Officer's vacation balance.
SECTION 5 — UNION DUES DEDUCTION
5.1 Union Dues — Payroll Deductions
Payroll deduction for membership dues shall be granted by the City to the Union.
(A) Payroll deductions shall be for a specified uniform amount between the employee
and the Union and shall not include fines, fees, and/or assessments. Dues
deductions shall be made only upon receiving certification from the Union of each
employee's individual authorization.
(B) Authorization, cancellation, or modifications of payroll deduction shall be made
upon certification provided or approved by the Union.
(C) 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.
(D) 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 withholdings 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 status during that period.
(E) In the case of an employee who is in a non-paid 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.
(F) The Union shall indemnify, defend, and hold the City harmless against any claim
made against the City and/or any lawsuit initiated against the City on account of
Union payroll deductions made by the City consistent with Section 5, and any
other payments to the Union consistent with this MOU.
SECTION 6 — HOURS AND OVERTIME
6.1 Duty Shifts — Work Week
(A) The fire suppression on-duty work week shall be the average of fifty-six (56)
hours per work week for the following classifications: Firefighter,
Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic and Fire Captain.
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(B) The workweek shall consist of duty shifts that are regularly assigned and
scheduled.
(C) 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 or she has been relieved from his or 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
or her supervisor.
6.2 Shift Rotation
(A) A rotation is defined as two (2) duty shifts assigned on a recurrent six (6) day
cycle. It is further defined by the following example:
X = ON DUTY SHIFT
0 = OFF DUTY SHIFT
For example: XX 0000 XX 0 OOOX X
(B) This section is not intended to prohibit other comparable, mutually agreed upon
schedules.
6.3 Temporary Reassignment
Classifications listed in section 6.1 (A) above may be temporarily reassigned for up to
six (6) months to a forty (40) hour work week depending on the needs of the service, if
mutually agreed upon between the employee and the Fire Administration.
6.4 FLSA Period
The Fair Labor Standards Act (FLSA) work period shall be a twenty-eight (28) day
period.
6.5 Light Duty —Work Week
The Fire Chief may assign an employee to light duty due to the health or disability of an
employee. The Fire Chief may determine a flexible schedule based on Monday through
Sunday forty (40) hour work week.
6.6 Light Duty — Benefits
A shift employee assigned to a forty (40) hour work week light duty assignment shall
continue to receive the same benefits he or she received as a fifty-six (56) hour
employee except as set forth herein. Holiday pay will be governed by Section 11 below.
6.7 Light Duty — Holidays
Shift employees assigned to a forty (40) hour light duty work week shall receive the
holiday(s) off and still retain holiday pay.
6.8 Forty Hour Work Week and FLSA
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.
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6.9 Overtime — Resolution of 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.
6.10 Overtime — Administered by the City
All requirements and any procedures relating to overtime as basically outlined below,-
shall be as determined and administered by the City.
6.11 Overtime General — Shift Personnel
The members of the Fire Department, when called to work an overtime shift, defined as
hours worked beyond the regularly scheduled work day or work shift, shall be paid on
an hour for hour basis rounded to the nearest half hour at the regular shift rate times
one point five (1.5).
6.12 Fire Recall and Special Recall
Off-duty Fire Department personnel are subject to recall and will be paid at one and
one-half (1 1/2) the hourly rate. However, in no case will they be paid less than four (4)
hours when called, timesheets shall reflect the actual hours worked. When overtime
exceeds four (4) hours and fifteen (15) minutes, the overtime will be paid to the nearest
half hour.
6.13 Overtime — 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 twenty-four (24) hour shift and works in
excess of ten (10) minutes, he or she shall be paid time and one-half at the hourly rate
for all hours worked.
Further, when a completed overtime period exceeds ten (10) minutes within the first
hour, but does not extend beyond one (1) hour, the overtime shall be for one (1) hour.
Beginning with the second hour overtime shall be paid to the nearest half (1/2) hour.
6.14 Mandated Certification Training
All Fire Department personnel in this unit shall be compensated at one and one-half (1
'/2 ) of the employees' hourly rate for all off duty time required to maintain department-
mandated certifications. The Department shall reimburse the employee for the actual
cost of 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.
6.15 Physical Training Time
Employees shall be provided one (1) hour of physical training time between the hours of
0800-1700 when time permits.
6.16 Overtime Compensation — Compensatory Time
Employees shall be compensated for accrued overtime either in cash or as
compensatory time. Compensatory time is accrued at one and one half (1 '/2) times the
hours worked. Employees may accrue up to a maximum of two hundred and forty (240)
hours of compensatory time. When two hundred and forty (240) hours of compensatory
time are accumulated, the City shall compensate the employee in cash for any
additional overtime worked.
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6.17 Compensatory Time — Request for Time
An employee wishing to use his or her accrued compensatory time off (CTO) shall make
the request to his or her supervisor in writing. The City shall permit the employee to use
the requested accrued CTO within a reasonable period after making the request, and to
the extent required by the Fair Labor Standards Act (FLSA), so long as the use of the
CTO does not unduly disrupt the operations of the City. The City is not required to grant
use of the CTO on the preferred day or days requested by the employee.
6.18 Compensatory Time Payout
Each employee may request payment of up to 100 hours of the employee's current
balance of compensatory time two times per year, to be paid in the month of December
and the month of June. This payout shall be made in the employee's regular paycheck.
SECTION 7 — 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.
SECTION 8 — SHIFT TRADES
Two employees may substitute for one another during scheduled work hours in performance of
work in the same capacity. The hours worked shall be excluded by the employer in the
calculation of the hours for which the substituting employee would otherwise be entitled to
overtime compensation under the FLSA. Where one employee substitutes for another, each
employee will be credited as if he or she had worked his or her normal work schedule for that
shift.
8.1 Shift Trades — Limit
An employee shall be eligible for up to twenty (20) shift trades per calendar year. If
trade maximums are not utilized, they shall not be carried over to succeeding years.
Shift trades used to maintain or advance education shall not count towards the twenty
(20) trade limit.
8.2 Shift Trades — Approval
All trades must be approved by the employee's immediate shift supervisor and shift
Battalion Chief prior to the leave.
8.3 Shift Trades — Denial
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 his or her absence.
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(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).
8.4 Shift Trades —Advance Notification — 3 Shifts
Trades of three (3) consecutive shifts or less require twenty-four (24) hours advanced
notification and compliance with Section 8.2 above.
8.5 Shift Trades —Advance Notification —4 Shifts or More
Trades of four (4) consecutive shifts or more require advanced notification as follows:
Number of Consecutive Shifts Notice
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 (10) to twenty 20 consecutive shifts Fifteen 15 calendar days
D. More than twenty-one (21) but less than thirty (30) Thirty (30) calendar days
shifts
8.6 Shift Trades — In Excess of Thirty (30) Shifts
When an employee desires to combine their total trades in a calendar year with trades
from another calendar year and or vacation and the combination of those trades
exceeds thirty (30) consecutive shifts, the employee will notify and obtain approval of
their Battalion Chief in writing a minimum of ninety (90) days prior to the first day of
leave.
8.7 Shift Trades — Individual Responsibility
All trades are the responsibility of the individuals involved and shall cause no increased
cost to the City. Any dispute arising out of such trades shall be resolved by the
individuals at no cost to the City. The employee's decision to trade shifts must be freely
made, without fear of reprisal or promise of reward by the employer and is exclusively
for the scheduled employee's convenience. Even though a shift trade has occurred,
each employee will be considered to have worked his or her normal schedule. The
traded time will not be considered in calculating hours for overtime for the substituting
employee.
8.8 Shift Trades - Leave
If the employee who agrees to trade shifts with the originally scheduled employee goes
on Sick Leave and or Workers' Compensation Leave before and or while on trade, the
Union will assume responsibility for providing a relief for the employee on Sick/Workers'
Compensation Leave. If the Union cannot provide a relief for the employee on Sick
Leave, then the employee's Sick Leave will be debited at the rate of one and one-half
times for each hour lost during X's shift. For example, thirty-six (36) hours will be
debited for twenty-four (24) hours.
8.9 Shift Trades — Employee Responsibility
The employee will assume the responsibility for maintaining any and all certifications
and proficiencies required for minimum department standards. The makeup of
certifications and or proficiency of minimum standards shall be at no cost or time impact
to the City. If staffing is above the minimum required by this MOU, an employee shall
not be allowed to trade with himself or herself for a duty slot in the future.
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SECTION 9 — SALARIES
9.1 Salaries
Effective the first full pay period following July 1, 2021, all unit members shall receive a
two percent (2.0%) base wage increase.
Effective the first full pay period following July 1, 2022, all unit members shall receive a
two percent (2.0%) base wage increase.
Salary ranges shall be as specified in Exhibit A for each classification.
The hourly rates of Unit 7 employees in the various steps shall be as listed in Exhibit A
(i.e., 56.15 X 52 = 2920 hours per year).
The hourly rates for the positions Fire Inspector and Assistant Fire Marshal shall be as
follows (i.e. 40 X 52 = 2080 hours per year).
9.2 Merit Advancement— Not Automatic
Salary step advancements are merit increases and are not automatic. They shall be
based upon merit and only upon the written recommendation of the department head or
appointment authority.
9.3 Merit Advancement— Schedule
An employee shall be considered for a merit increase to the Salary Steps as follows:
Salary Step Advancement
Schedule
From 1 to 2 6 months of service
From 2 to 3 18 months of service
From 3 to 4 30 months of service
From 4 to 5 42 months of service
9.4 Merit Advancement— Effective Date
The merit increase shall be effective the first day of the payroll period following the
employee's date of eligibility for a merit increase.
9.5 Salary— Out of Grade Pav
All employees of the Union will be paid seven and one-half percent (7.5%) out of grade
pay when assigned by the Duty Officer, Fire Marshal, or Fire Chief except as outlined in
the Fire Department Policies and Procedures.
9.6 Bilingual Pay — Spanish
Eligible employees who are certified for bilingual proficiency in Spanish in accordance
with the City's Bilingual Proficiency Testing and Certification Policy shall receive two
hundred dollars ($200) per month for certification at a high-level proficiency or verbally
fluent or one hundred dollars ($100) per month for certification at an acceptable level
proficiency or conversational.
9.7 Education Incentive Pay
Educational Incentive Pay is provided for qualified employees in the classifications of
Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire
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Captain, Fire Inspector, and Assistant Fire Marshal. Employees who have earned a
degree from an accredited college or university shall receive the following fixed dollar
amounts, paid monthly:
(A) A.S. or A.A. Degree - $100.00
(B) B.S. or B.A. Degree - $200.00
9.8 Certificate Pay
Certificate Pay is provided for qualified employees in the classifications of Firefighter,
Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire Captain, Fire
Inspector, and Assistant Fire Marshal. Employees who have earned certificates in the
following areas shall receive the corresponding fixed amount, paid monthly:
(A) Fire Officer Certificate - $100.00
(B)Chief Officer Certificate - $200.00
(C)Prevention Officer I Certificate - $100.00
(D)Prevention Officer I I Certificate - $200.00
The cumulative amounts, described in sections 9.7 and 9.8, shall not exceed two
hundred dollars ($200) per month per employee.
Those eligible for the Fire Prevention Certification must be assigned to the Fire
Marshal's Office on a permanent basis.
9.9 Longevity Pay — 15 Years of Service
Employees with fifteen (15) years of service with the City of Petaluma shall receive a
five percent (5%) adjustment above his/her hourly rate of pay. The adjustment shall be
effective the first day of the payroll period following the employee's fifteen (15) years of
service date.
9.10 Fire Investigations — Standby Pay
(A) Management may assign any qualified employee to standby duty during their off-
duty periods. Standby is defined as off-duty availability for which a qualified
employee is required to respond to a fire department incident (primarily, fire
investigation) when the Fire Marshal is not available.
(B) Standby duty shall be defined as that circumstance requiring the employee to:
(1) Remain within a reasonable response time area (not greater than an
approximate forty-five (45) minute travel time).
(2) Refrain from activities that might impair his or her performance of
assigned duties upon call.
(3) Be available at all hours by telephone or other communication devices
(pager).
(4) Respond promptly upon receiving a call-out assignment.
(C) Management, in writing, prior to the assignment, shall assign standby duty.
(D) Qualified employees assigned to standby duty shall be compensated at a rate of
three dollars and twenty-five cents ($3.25) per hour.
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(E) Distribution of the standby assignment will be equally divided (as practical)
between qualified employees.
(F) No employee shall be paid for Standby duty time and other compensable duty
time simultaneously. Time actually worked while on Standby duty will be
compensated at the employee's hourly rate of pay times one and one-half (1.5).
Paid Holiday time is not "duty time" for purposes of this section.
SECTION 10 — UNIFORM AND CLOTHING ALLOWANCE
10.1 Uniform and Clothing Allowance
Effective May 20, 2019, following adoption of a Side Letter Agreement, the uniform and
clothing allowance was eliminated.
SECTION 11 — HOLIDAYS
11.1 Holidays — Scheduled
The thirteen (13) scheduled holidays are observed on a fiscal year basis and are as
follows:
Holiday Date
New Year's Day January 1st
Martin Luther King Jr. Birthday Third 3rd Monday in January
Lincoln's Birthday February 12t"
President's Day Third (3rd) Monday in February
Cesar Chavez Day March 31 st
Memorial Day Last Monday of May
Independence Day Jul 4t"
Labor Day First (1st) Monday of September
Veterans Day November 11 t"
Thanksgiving Day Fourth 4t" Thursday of November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24t"
Christmas Day December 25t"
11.2 Holidays — Observed
If a scheduled holiday falls on a Saturday, the proceeding Friday shall be the observed
holiday. If a scheduled holiday falls on a Sunday, the following Monday shall be the
observed holiday. All other scheduled holidays shall be observed on the date specified
in Section 11.1.
11.3 Holiday Pay — Calculation
Holiday pay shall be paid for each of the thirteen (13) observed holidays as they occur
at the employee's base hourly rate at the time times twelve (12) hours.
SECTION 12 —VACATION
12.1 Vacation — Eligibility
The times during the calendar year in which an employee may take his or her vacation
shall be determined by the Department Head with due respect for the wishes of the
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employee and particular regard for the needs of the service. The maximum number of
suppression personnel eligible to be on vacation at any given time shall be one (1) per
shift. An employee may not take vacation beyond the amount of vacation accrued as
noted in Section B below.
12.2 Vacation — New Employee
New employees shall be allowed to use their accumulated vacation prior to December
31 st for vacation in the succeeding calendar year.
12.3 Vacation —Accrual
Vacation accrual for Fire shift personnel shall be computed as follows:
Years of Vacation Accrual Accrual Limit
Service Hours Hours
0 to less than 5 120 240
5 to less than 10 192 384
10 to less than 15 240 480
15 to less than 20 264 528
20 or greater 288 576
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
additional vacation time during sign-ups for that year, and it may be taken concurrent
with other vacation days, provided the employee does not exceed his or her accrued
vacation hours.
12.4 Vacation — Selection Procedure
(A) The order of selection of annual vacation shall be based solely on respective
department seniority, by shift, irrespective of rank or job description.
(B) With the exception of C below, the maximum number of suppression personnel
eligible to be on vacation at any one time shall be one (1) Firefighter/Firefighter
Paramedic and one (1) Engineer or Captain per shift.
(C) Overlap in vacations will be allowed only for those shifts in excess of the
maximum number of vacation shifts per year. (For example, if B shift works one
hundred and twenty one (121) shifts in a given year and the number of eligible
vacation shifts to be taken by employees is one hundred twenty eight (128)
shifts, then the number of overlap shifts for B shift that calendar year is seven (7).
(D) The Platoon Battalion Chief will establish the number of overlap shifts prior to
vacation selection. This process consists of determining the total number of
personnel, assigned to any given shift times the total number of shifts each
employee has accrued for that given year. This number equals the total vacation
days required per shift. The City retains the right to adjust selected vacation
shifts for the purpose of maximizing contiguous vacation opportunities for the
most junior employees of the Department.
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(E) Vacation selection may be taken 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.
(F) For purposes of vacation, seniority will be determined by the date of service.
When more than 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 seniority has previously
been agreed upon.
(G) Subsequent to the establishment 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.
(H) Selection of additional vacation days may be granted by the Battalion Chief, if
available, provided all employees 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 12.4.
12.5 Vacation — Deferral
Annually, at the time of vacation selection, an employee may elect to defer accrued
vacation up to the maximum allowed under 12.3 above. Deferral of accrued vacation
hours are subject to the limitations as stated in 12.4 above.
12.6 Vacation — Labor Code 4850 Leave
Upon return to duty, an employee, who while on extended Labor Code 4850 status
missed a scheduled vacation, will be paid at the base rate at the time that the vacation
was scheduled for those missed scheduled vacation days. At that time, the employee's
vacation leave balance will be reduced by the number of vacation days paid out under
this section. This payout is not at the option of the employee. The vacation accrual
hourly limit, as identified in Section 12.3, Vacation Accrual, remains in effect and is not
affected by this section. Effective the first full pay period following City Council adoption
of the MOU, this paragraph shall become ineffective and the following shall apply.
Effective the first full pay period following adoption of the MOU, vacation accrued by an
employee while on leave pursuant to Labor Code 4850 ("4850 Leave") for a period of
two or more consecutive full pay periods (minimum threshold) will be maintained in a
bank separate from the employee's regular vacation accrual bank. In the event that the
employee reaches their vacation accrual cap during the minimum threshold defined
above, the vacation earned over the accrual cap will be placed in the separate bank.
This separate bank is not subject to Section 12.7, Annual Vacation Transfer to Retiree
Medical Trust. Upon an employee's return to duty from a 4850 Leave, the City will pay
out the separate bank of vacation leave accrued during the employee's 4850 Leave
paid at the base rate at the time of pay out. This payout is not at the option of the
employee. The vacation accrual hourly limit, as identified in Section 12.3, Vacation
Accrual, remains in effect and is not affected by this section. In the event the employee
exhausts their 4850 time and moves to Temporary Disability, prior to returning to work,
the employee may use vacation in this separate bank to supplement their regular pay
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up to 100% of their regular pay after they have reduced their regular vacation accrual
balance to 40 hours.
12.7 Vacation —Annual Vacation Transfer to Retiree Medical Trust
This section shall become effective upon establishment of the Retiree Medical Trust.
Effective the first pay date in August of each year, or such other date as is established
by the City, each bargaining unit member will have his or her vacation balance reduced
to 400 hours and the City will irrevocably contribute to the employee's trust all accrued
but unused vacation hours in excess of 400 hours into the member's Retiree Medical
Trust account. The City will provide notice of any change in the annual vacation transfer
date no less than 6 months prior to the new transfer date.
12.8 Vacation — Vacation Payment at Separation
Employees who separate from City employment, excluding retirement as provided
below, shall be paid in a lump sum for all accrued but unused vacation leave prior to the
effective date of separation not to exceed two (2) years accumulation.
Employees continue to have the option to contribute the value of accrued but unused
vacation hours to a qualified 457 Plan to the extent permitted by law and by the 457
Plan Document.
12.9 Vacation — Vacation Payment at Retirement
Employees who retire from City employment shall be paid in a lump sum for all accrued
vacation leave earned prior to the effective date of retirement not to exceed two (2)
years accumulation.
Effective upon establishment of the Retiree Medical Trust, employees shall no longer be
eligible to be paid in a lump sum for all accrued vacation leave earned prior to the
effective date of retirement. In compliance with the Side Letter of Agreement
establishing a Retiree Medical Trust, accrued but unused vacation shall be irrevocably
contributed to the employee's trust.
SECTION 13 — LEAVES — SICK LEAVE
13.1 Sick Leave —Accrual
Sick leave for the Fire Department staff on a fifty-six (56) hour work week shall be
accumulated on the basis of twelve (12) hours per month, one hundred forty-four (144)
hours per year. Fire Department staff on a forty (40) hour work week shall accumulate
on the basis of eight (8) hours per month, ninety-six (96) hours per year.
13.2 Sick Leave Usage — Employee
Sick leave with pay shall be granted to all Fire Department employees as set forth in
this section. Sick leave is not a right, which an employee may use at his or her
discretion, but rather, shall be used only in case of personal illness, disability or the
serious illness, or injury of an employee's family member, which requires the
employee's attention.
13.3 Sick Leave Usage — Family Purposes
Sick leave for family purposes may be used only in the case of illness, disability or the
serious illness, or injury of an employee's family member, which requires the
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employee's attention. The term "family member" shall include: spouse, domestic
partner, children, parents, spouse's parents, brothers, sisters or other individuals whose
relationship to the employee is that of a dependent or near dependent.
13.4 Sick Leave — Notification Procedures
In order to receive compensation while absent on sick leave the employee shall notify
the Battalion Chief or any other person designated by the Fire Chief by no later than
2100 hours (when possible) the day before the start of his or her shift, but no later than
0700 hours prior to the time set for the start of his or her shift. This is for notification
purposes, so a relief can be called as early as possible. No employee will be disciplined
for calling in the day before his or her shift.
13.5 Sick Leave — Physician Certification
The employee may be required by the Fire Chief to submit medical certification or other
substantiating evidence of illness for absences of three (3) or more workdays for forty-
hour employees or two (2) consecutive 48-hour shifts for shift employees. Verification of
sick leave may be requested of the employee within a reasonable amount of time
before, during, or upon the employee's return to work. Physician certification of a
medical condition may be needed to determine eligibility of entitlements under Family
Medical Leave Act and the California Family Rights Act (FMLA/CFRA).
13.6 Sick Leave — Rate of Usage
Sick leave will be charged against the employee's accrual at the rate of an hour for an
hour based on actual sick leave usage, for the first day of sick leave used per injury and
illness. Each successive day will be charged at the rate of twelve (12) hours for the
same injury or illness. For example, if an employee took sick leave after working five
hours into the shift and remained out sick for the rest of the shift, the employee would
be charged nineteen hours sick leave for the first day and twelve hours sick leave for
the second day.
13.7 Sick Leave — Light Duty 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 or she will be on leave
without pay.
13.8 Sick Leave — Light Duty — 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.
13.9 Sick Leave — Relationship to Workers' Compensation
(A) When the employee's absence from work has been occasioned by injury suffered
during his or her employment and he or she receives workers' compensation, he
or 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 or she is absent on sick leave
and the City shall pay him his or her full sick leave benefits.
(B) Sick leave under workers' compensation is a supplement to the workers'
compensation benefits to provide the employee compensation at his or her
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regular rate. All employees that are entitled to receive full salaries in lieu of
temporary disability payments pursuant to Labor Code Section 4850 are entitled
to accumulate sick leave during such periods of disability.
(C) After Labor Code Section 4850 benefits are exhausted the following formula will
be used in utilizing sick leave, as a supplement to Worker's Compensation
benefits, to provide employee compensation at his or her regular rate of pay:
One hundred and twelve point three (112.3) hours each pay period
(Regular rate of pay) - (State Disability Payment) = Balance Charged to Sick
Leave
The balance charged to sick leave will be as specified in Section 13 above. Any
partial shifts less than twenty-four (24) hours, but not less than twelve (12)
hours, will be charged at a rate of twelve (12) hours. Any partial twelve (12)
hours or less will be charged at hour for hour.
13.10 Sick Leave — Use During Vacation
When an employee has been confined to a hospital, health care facility or home due to
a serious illness or injury and has provided 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.
13.11 Sick Leave — Use Disability
When an employee who is on disability becomes permanent and stationary and eligible
to be retired by the City, the City will allow the employee to use sick leave, if any, up to
the end of the FLSA work period following the period in which the receipt of notification
of permanent and stationary status is received.
13.12 Sick Leave — Payment at Retirement
In the event of retirement, an employee who has completed five (5) years or more with
the City shall receive payment equal to fifty percent (50%) of his or her accumulated but
unused sick leave, not to exceed seven hundred and twenty (720) hours. Effective upon
establishment of the Retiree Medical Trust, the City shall contribute this payment into
the Retiree Medical Trust and employees shall no longer be eligible to receive a
payment.
13.13 Sick Leave — Pavment at Disability Retirement
For those individuals who are being retired on a disability retirement, the employee shall
receive payment equal to fifty percent (50%) of his or her accumulated but unused sick
leave, not to exceed one-thousand (1000) hours. Effective upon establishment of the
Retiree Medical Trust, the City shall contribute this payment into the Retiree Medical
Trust and employees shall no longer be eligible to receive a payment.
SECTION 14— LEAVES —WORKERS' COMPENSATION
Employees may use temporary disability or Labor Code Section 4850 benefits for attending
medical appointments while working modified duty and not yet permanent and stationary. This
use of benefit is not meant to increase the level of benefit only to permit its use in such
circumstances.
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SECTION 15 — LEAVES — BEREAVEMENT LEAVE
15.1 Bereavement Leave — Time
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 family.
15.2 Bereavement Leave — Definition of Family
For the purpose of bereavement leave, immediate family shall mean spouse, qualified
domestic partner, father, father-in-law, mother, mother-in-law, brother, sister, brother-in-
law or sister-in-law, child (including stepchildren), stepparents, grandparents and
grandchildren or person with whom the employee has a relationship in loco parentis.
15.3 Bereavement Leave — Travel Time
The Fire Chief may authorize additional travel time, if needed. It is the responsibility of
the employee to notify his or her Company Officer or designated representative of the
death of the family member.
15.4 Bereavement Leave — Fire Inspector and Assistant Fire Marshal
The Fire Inspector and Assistant Fire Marshal will receive three (3) days instead of
three (3) shifts pursuant to this section, paid at the normally scheduled work hours (i.e.
8, 9, or 10 hours).
SECTION 16 — LEAVES — LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE & SEXUAL
ASSAULT LEAVE
The City of Petaluma provides appropriate leave, in accordance with California Labor Code
Section 230.
SECTION 17 — LEAVES — MILITARY LEAVE
The City of Petaluma shall grant military leave benefits to eligible employees in accordance
with California's Military Leave Laws found in Military & Veteran's Code 389 et seq., the
Federal Uniformed Services Employment and Re-employment Rights Act (USERRA), found at
389 U.S.C. 4301 et seq., and the City of Petaluma Resolution No. 2004-200 N.C.S.
Employees in the Ready Reserves of the Armed Forces who are ordered to active military duty
or training under Executive Order 13223, shall have continued benefits in effect throughout
their active duty training for a period of three hundred sixty-five (365) calendar days or until the
date of discharge from military service, whichever occurs first, unless this policy is changed by
action of the City Council.
SECTION 18 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE
When an employee's actual work schedule otherwise would prevent the employee from voting
in any State, County, or General election, the employee may be granted up to two (2) hours of
paid time to vote, in accordance with Election Code 14000. The employee must provide the
City with at least two (2) working days' notice that he or she will be taking time off to vote.
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SECTION 19 — LEAVES — SCHOOL VISITATION LEAVE
Employees may take up to forty (40) hours of their existing vacation leave or compensatory
time off accrual in a year to participate in the child's school activities, in accordance with Labor
Code section 230.8.
SECTION 20 — LEAVES — 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 written
request, the City Manager may extend the leave of absence without pay for an additional
period to a maximum of six (6) months. No such leave shall be granted except upon written
request of the employee setting forth 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 21 — LEAVES — JURY DUTY LEAVE
21.1 Jury Leave With Pay
Any employee summoned for jury duty shall be entitled to a leave of absence with full
pay for such period of time as may be required to attend the court in response to such
summons. Any employee may retain payment for travel but shall make payable to the
City any and all fees which the employee may receive in payment for service as a juror.
21.2 Jury Leave — Notification
The employee shall notify his or her Battalion Chief or designated representative when
he or she receives a summons for jury duty.
21.3 Jury Leave — Telephone Check-In
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 or her duty station.
SECTION 22 — LEAVES — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
22.1 FMLA and or CFRA Leave
The City shall provide family and medical care leave for eligible employees as required
by City policy, state and federal law and as specifically provided in the Federal Family
and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993
(CFRA). If possible, employees must provide thirty (30) days advance notice of leave.
22.2 FMLA and or CFRA — Second Opinion
The employee shall provide the City with a health care provider certification. 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
shall be sought.
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SECTION 23 — LEAVES — PREGNANCY DISABILITY LEAVE
23.1 Pregnancy Disability Leave
The City shall provide pregnancy disability leave (PDL) for eligible employees as
required by City policy and applicable law and as specifically provided in the Fair
Employment and Housing Act and the Family Medical Leave Act. If possible, employees
must provide thirty (30) days advance notice of leave.
23.2 PDL — Transfer
In addition to or in lieu of a leave of absence, an employee with a pregnancy-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
transfer is medically advisable. If a position is available for which the employee is
qualified and the transfer request can be reasonably accommodated, the Human
Resources Director will grant the transfer request.
SECTION 24 — DISCRIMINATION, HARASSMENT &
RETALIATION PROHIBITED
Discrimination, harassment and retaliation against any employee for employment because of
an employee's race, religion, creed, political affiliation, color, national origin, ancestry, sex,
sexual orientation, gender (or gender identity), age, familial status, veteran's status, physical or
mental disability or medical condition is prohibited. A City employee who feels he or she has
been discriminated against, harassed, or retaliated against must report the conduct
immediately to his or her supervisor or to the Human Resources Director.
SECTION 25 — REASONABLE ACCOMMODATION
In accordance with the California Fair Employment and House Act (FEHA) and the Americans
with Disability Act (ADA), the City will reasonably accommodate any known protected disability
of an employee.
SECTION 26 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Tier 1
The City's contract with the California Public Employees' Retirement System ("CalPERS")
provides Safety Members who were hired prior to November 15, 2012 with the three percent at
age Fifty (3% at 50) safety retirement formula and includes the following optional benefits:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• One-Year Final Compensation as provided Section 20042 (November 1, 1981).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
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• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
Tier 2
Safety employees who are considered by CalPERS to be "Classic" members hired after
November 15, 2012, the effective date of the amended contract with CalPERS, shall receive
the 3% at 55 formula retirement plan and the three-year final average compensation.
The following optional benefits will remain in effect for employees in the second retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
Tier 3
New Safety employees hired on or after January 1, 2013 who meet the definition of a new
CalPERS member under the Public Employees' Pension Reform Act (PEPRA) shall receive
the 2.7% at 57 retirement formula with three-year final average compensation and the
following optional benefits in the third retirement tier:
• Fourth Level - 1959 Survivor's Benefit as provided in Section 21574 (May 4, 1998).
• Military Service Credit as provide in Section 21024 (January 4, 1996).
• Credit for Unused Sick Leave as provided in Section 20965 (November 1, 1981).
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628 (January 1, 1987).
• Cost of Living Allowance two percent (2%) as provided by Section 21329 (November
1, 1981).
• Retired Death Benefit of $500 as provided in Section 21620 (November 1, 1981).
• Post Retirement Survivor Allowance Continues as provided in Section 21635
(January 1, 2000).
• Death Benefit Continues as provided in Section 21551 (January 1, 2000).
• Prior Service Credit as provided in Section 20055 (November 1, 1981).
The City shall continue to defer that portion of the employee's contribution paid to CalPERS
through section 414(h)(2) of the Internal Revenue Code pursuant to City of Petaluma
Resolution 90-363 N.C.S.
All employees defined as Classic shall pay an additional three percent (3%) towards CalPERS
retirement. For Classic employees, this three percent (3%) is added to the nine percent (9%)
member contribution, for a total contribution of twelve percent (12%).
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SECTION 27 — HEALTH BENEFITS — ACTIVE EMPLOYEES
27.1 Active Employees— PEMHCA Contribution
The City currently provides health benefits through the CaIPERS Health Benefits Program
under the Public Employees' Medical and Hospital Care Act (PEMHCA). The City's
employer contribution for each employee's health benefits shall be the minimum required
by PEMHCA. The City pays this contribution directly to CaIPERS.
27.2 Active Employees—Additional Benefit
The amount of the City's additional contribution for current employees and their covered
family members shall be equal to the insurance premium of the City's designated baseline
medical program for employee only, employee plus one, and employee plus two or more.
These amounts do not include the City's PEMCHA contribution identified in 27.1. The City's
additional contribution shall not exceed these amounts unless and until a different amount
is negotiated by the parties.
Effective January 1, 2021, the City shall pay an additional benefit that depends upon the
actual percentage increase in the Kaiser— Bay Area premium. The City's additional benefit
contribution for 2021 shall be up to a 9% increase of the 2020 Health Plan Rate less the
City's PEMHCA contribution, multiplied by ninety-five percent (95%), or an amount equal to
the actual 2021 CaIPERS Health Premium for Kaiser - Bay Area, less the City's PEMHCA
contribution, times ninety-five percent (95%) for current employees and their covered family
members, whichever is less. If the percentage increase is greater than 9%, the City and the
employee shall share the amount above 9%, with the City paying 50% of the amount above
9% and the employee paying 50% of the amount above 9%.
For example, effective January 1, 2021, the monthly premium at the Kaiser rate for single
health benefit coverage is $813.64 and the PEMHCA rate is $143.00. The additional benefit
is calculated at $813.64 less $143.00 multiplied by 95% = $637.11. The employee
contribution is $33.53 ($813.64 - $143.00 - $637.11= $33.53).
The 2022 CaIPERS premium for Kaiser — Region 1 and required 2022 PEMHCA
contribution are unknown. Effective January 1, 2022, the City shall pay the additional
benefit that depends upon the actual percentage increase in the Kaiser — Region 1
premium. The City's benefit contribution for 2022 shall be equal to the actual 2022
CaIPERS Health premium for Kaiser — Region 1, less the City's PEMHCA contribution,
multiplied by ninety-five percent (95%) for current employees and their covered family
members. If the percentage increase is greater than 9%, the City and the employee shall
share the amount above 9%, with the City paying 50% of the amount above 9% and the
employee paying 50% of the amount above 9%.
The 2023 CaIPERS premium for Kaiser — Region 1 and required 2023 PEMHCA
contribution are unknown. Effective January 1, 2023, the City shall pay the additional
benefit that depends upon the actual percentage increase in the Kaiser — Region 1
premium. The City's benefit contribution for 2023 shall be equal to the actual 2023
CaIPERS Health premium for Kaiser — Region 1, less the City's PEMHCA contribution,
multiplied by ninety-five percent (95%) for current employees and their covered family
members. If the percentage increase is greater than 9%, the City and the employee shall
share the amount above 9%, with the City paying 50% of the amount above 9% and the
employee paying 50% of the amount above 9%.
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27.3 Employee Contribution
Employees shall contribute to his/her CalPERS Health Premium in the amounts less the
City's PEMHCA contribution and less the additional benefit paid by the City.
SECTION 28 — HEALTH BENEFITS — RETIRED EMPLOYEES
28.1 Retired Employees— CalPERS and the PEMHCA
The City currently provides health benefits through the CalPERS Health Benefits Program
under the PEMHCA. In order to be eligible to receive health benefits through CalPERS
upon retirement, a City of Petaluma employee must meet the following definition of
"annuitant" under CalPERS law:
(A) Employee must be a member of CalPERS; and
(B) Employee must retire within 120 days of separation from employment with the City
of Petaluma and receive a monthly retirement allowance from CalPERS.
28.2 CalPERS Annuitant— PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CalPERS annuitant and
receives health benefits under the PEMHCA, the employee is eligible to receive the
City's PEMHCA contribution amount specified in Section 28.4 below, regardless of the
number of years of service with the City of Petaluma.
28.3 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who
does not meet the definition of a CalPERS annuitant or who is not enrolled in the
CalPERS health benefit program does not receive any retiree benefit from the City.
28.4 Less Than 20 years of Service — Receiving PEMHCA Health Benefits
An employee with less than twenty (20) years of service with the City of Petaluma who is a
CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS health benefit
program is eligible to receive the Minimum PEMHCA Contribution as set by CalPERS.
The City's PEMHCA contribution amount is deducted from the retiree's monthly health
premium and paid to CalPERS directly by the City.
28.5 20 Years or More of Service — Not Receiving PEMHCA Health Benefits
An employee with twenty (20) or more years of service with the City of Petaluma who is
a CalPERS annuitant and who is not enrolled in the CalPERS health benefits program
shall receive direct payments in the amount of one hundred forty dollars ($140) each
month, effective the first month following the expiration of health benefit coverage.
28.6 20 Years or More of Service — Receiving PEMHCA Health Benefits
An employee with twenty (20) years or more of service with the City of Petaluma who is
a CalPERS annuitant as defined in Section 28.1 and enrolled in the CalPERS health
benefit program shall receive a benefit payment of the Minimum PEMHCA Contribution as
set by CalPERS.
It is the responsibility of the retiree to notify the City in writing if he or she is no longer
participating in the CalPERS health benefit program. Following receipt of the written
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notice, the City will commence direct payment of the one hundred forty dollars ($140) at
the beginning of the following month.
SECTION 29— RETIRED EMPLOYEES— DISABILITY BENEFITS
29.1 CalPERS Annuitant— PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CalPERS annuitant as
defined in Section 28.1 and receives health benefits under the PEMHCA, the employee
is eligible to receive the City's PEMHCA contribution amount, specified in Section 28.4,
regardless of the number of years of service with the City of Petaluma.
29.2 Less Than 15 Years of Service — Not Receiving PEMHCA Health Benefits
An employee with less than fifteen (15) years of service with the City of Petaluma who
retires into CalPERS from the City of Petaluma based upon disability and is not enrolled
in the CalPERS health benefit program shall receive direct payments in the amount of
one hundred dollars ($100) each month for eighteen (18) months.
29.3 15 Years or More of Service— Receiving PEMHCA Health Benefits
An employee with fifteen (15) years or more of service with the City of Petaluma who
retires into CalPERS from the City of Petaluma based upon disability and is enrolled in
the CalPERS health benefit program shall receive a benefit payment of one hundred and
forty dollars ($140) per month as specified in Section 28.6.
29.4 15 Years or More of Service — Not Receiving PEMHCA Health Benefits
An employee with fifteen (15) years or more of service with the City of Petaluma who
retires into CalPERS from the City of Petaluma based upon disability and is not enrolled in
the CalPERS health benefits program shall receive direct payments in the amount of
one hundred forty dollars ($140) each month, effective the first month following the
expiration of health benefit coverage.
SECTION 30 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS
Employees with health and or dental benefit insurance coverage from a source other than the
City, or employees with health and dental benefit insurance coverage from a City employee,
may request cash in lieu of health and dental benefits. To be eligible for the cash in lieu benefit
program employees must waive his or her coverage under the City's health and or dental
benefits; agree to the terms and conditions of the cash in lieu benefit program and have written
verification of health and or dental benefits insurance.
The cash in lieu amount for health coverage shall be in the amount of fifty percent (50%) of the
health insurance premium amount of the CalPERS Kaiser — Region 1 that the City would
otherwise pay for the employee and his or her family members. The cash in lieu amount for
dental insurance benefits shall be in the amount of fifty percent (50%) of the established dental
program composite rate.
SECTION 31 — SECTION 125 PLAN
The City of Petaluma has established and shall offer to eligible employees an Internal
Revenue Code (IRC) Section 125 plan. The Section 125 plan is subject to federal law and plan
provisions.
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The Section 125 Plan offered by the City provides employees with a tax savings through the
following programs:
(A) Pre-Tax Health Insurance Premiums
This program allows employees to pay his or her share of health insurance
premiums with pre-tax dollars.
(B) Flex Spending Accounts
(1) Medical Reimbursement
This program permits employees to pay for common out-of-pocket medical
expenses (not covered by insurance) such as deductibles, co-pays, and
vision and dental care with pre-tax dollars.
(2) Dependent Care Reimbursement
This program permits employees to pay for most child and or dependent
care expenses with pre-tax dollars.
SECTION 32 — DENTAL PROGRAM
The City shall provide a dental plan for the term of the Memorandum of Understanding and pay
the total premium costs for the employee and eligible dependents. Effective January 1, 2016,
the maximum benefit amount increased to two thousand dollars ($2,000) per person per
calendar year. Orthodontic coverage shall be provided for dependent children under the age of
twenty-six (26) years and is 50% of the dentist's allowed fee (subject to a $1,000 lifetime
maximum per dependent child). The City shall bear the cost of any premium increases during
the period covered by this MOU.
SECTION 33 —VISION PROGRAM
The City shall provide a vision plan for employees and eligible dependents. The cost shall be
paid for by the City. The plan coverage shall be as indicated on provider contract documents
on file in Human Resources. The City shall bear the cost of any premium increases during the
period covered by this MOU.
SECTION 34 — LIFE INSURANCE
The City shall provide at no cost to the employee, group term life insurance coverage in the
principal amount of fifty-thousand dollars ($50,000) per employee.
SECTION 35 — LONG TERM DISABILITY INSURANCE
35.1 LTD —Amount
The City shall pay the amount of twenty-four dollars and fifty cents ($24.50) per month,
per employee. This amount shall not exceed, however, the total cost of the premium for
the long-term disability (LTD) insurance plan.
35.2 LTD — No Sick Leave Deduction
When an employee is on LTD leave, no sick leave shall be deducted from the
employee's leave balance, pursuant to the language of the International Firefighters'
Association LTD plan.
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SECTION 36 — EMPLOYEE ASSISTANCE PROGRAM
The City will provide an Employee Assistance Program to employees and their immediate
families. This licensed counseling service will provide assistance and referrals for marriage
and family problems, alcohol and drug dependency, emotional, personal, and stress-related
concerns and other issues. All counseling services are confidential.
SECTION 37 — DEFERRED COMPENSATION
The City of Petaluma shall make available to employees a Deferred Compensation Plan.
SECTION 38 — PERSONAL EXPOSURE REPORTING
The City shall pay during the period of this memorandum the amount of twenty dollars ($20.00)
per person per year toward the Personal Exposure Reporting System. Copies of exposure
reports are to be provided to the Human Resources Office by the employee. Employee names
shall be eliminated so that no identification is shown.
SECTION 39 — CLASS B PHYSICALS
39.1 Class B Physicals — Frequency
The City agrees to provide each employee a physical every two (2) years equivalent to
the medical requirements necessary for a Class B Driver's License. Any employee not
wishing to participate in the physical provided by the City may elect to choose a
physician of his or her choice.
39.2 Class B Physicals — Employee Reimbursement
The City will only reimburse the employee the cost of conducting the minimum physical
and testing as required of the group physical.
39.3 Class B Physicals — 30 Days Notice
The City will provide a minimum of thirty (30) days advanced notice to the employees of
their intent to conduct physicals.
39.4 Class B Physicals — No Cost to Employee
The City will agree to provide this service at no cost to the employee subject to the
limitations of this paragraph.
39.5 Class B Physicals — Prior Approval
An employee selecting a physician of his or 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.
39.6 Class B Physicals — Program Limitations
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.
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SECTION 40 — CLASS B and C DRIVER LICENSE
40.1 Class B and C — Requirement
The City requires that each employee maintain either a Class B Commercial or a Class
C with Firefighter Endorsement driver license. The City will reimburse an employee the
difference in cost between the Class B Commercial F and the Class C with a Firefighter
endorsement license.
40.2 Class B — Pull Notice — Purpose
The Department of Motor Vehicle (DMV) 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.
40.3 Class B — Process Pull Notice is Received
When notice is received by the department regarding a restricted, suspended, or
revoked license, 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
or she chooses.
40.4 Class B — Lapse/Loss of Class B
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 41 — SICK LEAVE TRANSFER
The sick leave transfer program outlined below results in taxation for employees donating
hours. The Parties intend to negotiate a Citywide catastrophic leave policy which will permit
donations of leave time without tax to the donor. This Section (41) will terminate and become
ineffective once the Parties reach agreement on a Citywide program to replace this section.
41.1 Sick Leave Transfer
Employees wishing to donate hours of sick leave to another employee may do so by
sending a written request, approved by their department head, to the Human Resources
Department naming the individual to receive the sick leave and the amount donated,
with the following restrictions listed in 41.2.
41.2 Sick Leave Transfer— Limitations
Sick transfers shall be subject to the following limitations:
(A) Transfer of sick leave shall be allowed between all Units.
(B) Transfers are for Sick Leave and not for use at retirement.
(C) A donor must retain a balance of five-hundred (500) hours at any time.
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(D) Transfer amounts shall be limited to the number of actual hours needed and
used by the recipient, plus forty-eight (48) hours.
(E) Any donated sick leave hours unused by a recipient, shall be returned to the
donor, less forty-eight (48) hours, which may be retained by the recipient.
(F) The recipient must have a zero balance.
(G) A recipient may receive no more than one-thousand, four-hundred, sixty (1460)
hours per Fiscal Year.
(H) The donation must be for 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.
41.3 Sick Leave Transfer— Employees With 365 Days Service
(A) Employees who have been employed for a period of three-hundred, sixty-five
(365) days or less and have no accrued sick leave hours, the City shall permit for
the transfer of sick leave hours from a bargaining unit member. This sick leave
transfer is for the minor illness or off-the-job injury that would normally require a
short period of time to recuperate. Issues of "catastrophic illness or injury'; as
described in Section 41.2 above would still be addressed in the manner outlined
in the MOU.
(B) To be eligible for this transfer, the recipient must have a zero sick leave balance
and may receive no more than seventy-two (72) total hours from all sources, for
the initial three-hundred, sixty-five (365) day period. This provision of sick leave
transfer becomes null and void on the employee's (three-hundred, sixty-sixth)
366t" day of employment.
SECTION 42 — FIRE INSPECTOR AND ASSISTANT FIRE MARSHAL
42.1 Fire Inspector and Assistant Fire Marshal — Rights
The Fire Inspector and Assistant Fire Marshal shall enjoy all rights and benefits
established by this MOU, except as differentiated hereunder in this Section (42).
42.2 Fire Inspector and Assistant Fire Marshal — Work Week
Work week shall be forty (40) hours. The workday schedule (5/8, 4/10) shall be
determined by the Fire Chief.
42.3 Fire Inspector and Assistant Fire Marshal — Overtime
One and one half (1 '/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).
42.4 Fire Inspector and Assistant Fire Marshal — Compensatory Time
Fire Inspectors and Assistant Fire Marshal shall enjoy compensatory time benefits as
outlined above in sections 6.16 through 6.18. Compensatory time off shall be allowed
only with the prior approval of the Fire Marshal, subject to the operational needs of the
City.
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42.5 Fire Inspector and Assistant Fire Marshal — Holidays
With respect to holiday pay, the Fire Inspector and Assistant Fire Marshal shall continue
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 July 1 and December 31 will be eligible for a Floating Holiday during the
course of the Fiscal Year. Holidays for the Fire Inspector and Assistant Fire Marshal
shall be determined by Council Resolution. Holidays shall be paid according to
employee's regularly assigned work shift:
(A) For example, if an employee works a 4/10 schedule, s/he shall receive ten (10)
hours of pay for the holiday. If an employee works a 9/80 schedule, s/he shall
receive nine (9) hours of pay for the holiday, or eight (8) hours of pay if the
holiday falls on their regularly scheduled eight (8) hour workday as part of their
9/80 schedule. If an employee works a 5/8 schedule (five days/week, eight
hours/day), s/he shall receive eight (8) hours of pay for the holiday. The same
shall be true for any employee whose regular work week is fewer than forty (40)
hours per week, except that no such employee shall receive more than eight (8)
hours of pay for the holiday.
42.6 Fire Inspector and Assistant Fire Marshal — Floating Holiday
On a fiscal-year basis, employees will receive floating holiday hours based on the
employee's regular work shift. Employees regularly assigned to an eight (8) hour work
day shall receive one eight (8) hour floating holiday. Employees regularly assigned to a
nine (9) hour work day shall receive one nine (9) hour floating holiday. Employees
regularly assigned to a ten (10) hour work day shall receive one ten (10) hour floating
holiday.
42.7 Fire Inspector and Assistant Fire Marshal — Call in Holidays
A Fire Inspector and Assistant Fire Marshal called into work on a designated holiday
shall receive a minimum of four (4) hours of overtime.
42.8 Fire Inspector and Assistant Fire Marshal — Vacation Accrual (Based on a 40-hour
workweek)
Amount of Continuous Vacation Accrual Maximum Accrual
Service Hours Per Year Allowed
From hire to less than 6 years 80 hours 160 hours
From 6 to less than 11 years 130 hours 260 hours
From 11 to less than 12 years 138 hours 276 hours
From 12 to less than 13 years 146 hours 292 hours
From 13 to less than 14 years 154 hours 308 hours
From 14 to less than 15 years 162 hours 324 hours
From 15 to less than 16 years 170 hours 340 hours
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From 16 to less than 17 years 178 hours 356 hours
From 17 to less than 18 years 186 hours 372 hours
From 18 to less than 19 years 194 hours 388 hours
From 19 to less than 20 years 202 hours 404 hours
20 years or greater 210 hours 420 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 additional vacation time
during sign-ups for that year, and it may be taken concurrent with other vacation days,
provided the employee does not exceed his or her accrued vacation hours.
42.9 Fire Inspector and Assistant Fire Marshal — Vacation Deferral
The Fire Inspector and Assistant Fire Marshal may defer annual vacation leave with the
approval of the Fire Chief to a maximum of two (2) years accrual.
42.10 Fire Inspector and Assistant Fire Marshal — Sick Leave
Accrual of eight (8) hours per month with unlimited accumulation.
42.11 Fire Inspector and Assistant Fire Marshal — Rate of Usage
Each day shall be charged against the employee's sick leave at the rate of the workday
or less, if actual sick leave usage is less.
SECTION 43 — MAINTENANCE OF CERTIFICATIONS/ LICENSES
Employees shall assume responsibility for maintaining validation of the certifications required
by their job classification, including EMT, Paramedic and Class B Commercial or Class C with
a Firefighter Endorsement driver license.
SECTION 44 — FIREFIGHTER OPENINGS
Every available Firefighter opening shall be made available to current Firefighter/Paramedics
according to Department seniority. The Fire Chief shall retain the discretion to use factors
other than seniority in exceptional circumstances, such as, "Paramedic Burnout."
SECTION 45 — PROMOTIONAL TESTING AND JOB CLASSIFICATIONS
45.1 Promotional Testing & Job Classifications — Meet and Confer
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.
45.2 Promotional Testing & Job Classifications — Disputes
Disputes regarding whether the City is required to meet and confer over a particular
topic shall be subject to the grievance process set forth in the MOU.
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45.3 Promotional Testing & Job Classifications — Posting Requirements
For positions to which members of Unit 7 could promote, promotion process information
will be available in the Human Resources Office at the time of posting. Information will
include applications, minimum qualifications, study material reference information, if
appropriate, and information on passing scores.
45.4 Promotional Testing & Job Classifications — Changes in Process
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 beginning of the process.
45.5 Promotional Testing & Job Classifications — Eligibility Lists
Promotional Eligibility Lists shall 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 46 — PROBATIONARY PERIOD
46.1 Purpose of Probation
The purpose of probation is to give the City an opportunity to evaluate an employee's
performance prior to the employee entering regular employee status. Regular employee
status shall commence with the day following the expiration date of a probationary
period.
46.2 Periodic Probationary Evaluation
After passing an examination and accepting appointment, each employee shall serve a
probationary period. During this probationary period the employee's performance shall
be evaluated at least once at or near the midpoint of the probationary period. The
results of this evaluation shall be discussed with the employee.
46.3 Length of Probationary Period
The probationary period on original and promotional appointments shall be for eighteen
(18) months for new hires. For promotion employees, the probationary period shall be
twelve (12) months.
46.4 Resection during Probation
During the probationary period an employee may be rejected at any time by the City
Manager, without the right of appeal, except as provided by law. Notification of rejection
in writing shall be served on the probationer and a copy filed with Human Resources.
46.5 Extension of Probationary Period
The probationary period shall not be extended except in the case of extended illness or
injury or compelling personal situation during which time the employee was unable to
work. In such cases, the probationary period may be extended for the length of time the
ill or injured employee was unable to work. Extension of probation is at the sole
discretion of the City Manager.
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46.6 Promotion of Probationary Employee
An employee serving a promotional probationary period may be promoted to a position
in a higher classification. When an employee is promoted under such circumstances,
the probationary period of the lower classification shall be suspended. This suspension,
the new promotional probationary period, and the promotional appointment shall
commence on the same date.
46.7 Unsuccessful Passage of Promotional Probation
An employee who does not successfully pass his/her promotional probationary period
shall be reinstated to the position in which the employee held regular employee status
prior to his/her promotion. If the employee was serving a probationary period at the time
of promotion, the suspension of the prior probationary period shall be lifted, the
employee shall be reinstated to probationary status in the prior classification and the
remainder of that period shall be served.
SECTION 47 — SAFETY COMMITTEE
The Union shall appoint one member to the Departmental Safety Committee.
SECTION 48 — PERSONNEL FILES
48.1 Personnel Files —Access to Personnel File
An employee (or his or her representative, on presentation of written authorization from
the employee in a form acceptable to the City) shall have access to non-confidential
portions of the employee's personnel file at a mutually agreeable time.
48.2 Personnel Files —Acknowledge Receipt
The employee may be required to acknowledge the receipt of any document entered
into the employee's personnel file.
48.3 Personnel Files —Adverse Comments
No performance evaluations or disciplinary actions containing adverse comments about
an employee's work performance or conduct shall be placed into his or her personnel
file until the employee has 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 to a criminal investigation; and other
information supplied by confidential sources (e.g.: confidential performance appraisals).
SECTION 49 — DISCIPLINE
49.1 Discipline — Just Cause
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.
49.2 Discipline — Discipline Hearing
A hearing 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
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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.
49.3 Discipline — Corrective Discipline Defined
Corrective discipline is defined as any suspension of one (1) day or more.
SECTION 50 — ALCOHOL / DRUG FREE WORKPLACE
50.1 Alcohol/Drug Free Workplace — 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.
50.2 Alcohol/Drug Free Workplace — Policy
The use of alcohol and non-medically authorized drug use which adversely affects or is
likely to adversely affect an employee's job performance or which jeopardizes 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).
50.3 Alcohol/Drug Free Workplace — Prescription Medication
An employee who is using prescription drugs or medication, which affects his or her
ability to work safely, is responsible for bringing that matter to the attention of his or her
supervisor. Such disclosure shall be kept confidential as required by applicable law.
Supervisors should be alert to the effect of medication or illness on an employee's
ability to perform work safely.
50.4 Alcohol/Drug Free Workplace — EAP
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 and his or 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.
50.5 Alcohol/Drug Free Workplace — Procedures
(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 or her duties in a safe manner, and
supervisors have a responsibility to ensure that this is done. If a supervisor
suspects that an employee is working 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 may 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
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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.
50.6 Alcohol/Drug Free Workplace — Side Effects
(A) Additionally, certain prescribed and over the counter drugs have "known potential
side effects which can:
• Adversely affect judgment;
• Affect mental alertness;
• Affect physical balance or the ability to accomplish strenuous physical acts;
and or
• Otherwise affect Fire Fighter's ability to perform all job functions safely and
expertly.
(B) Members are responsible for ascertaining the known, potential side effects of
prescribed and over-the-counter medications they may take. This 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.
(C) A member taking any prescription and or over-the-counter medication known to
have any of the above potential side effects shall:
(1) Inform his or her direct supervisor that he or she is taking such medications
(2) Carefully monitor his or her ability to fully and safely perform services; and
(3) Remove himself or herself from duty, in accordance with departmental
procedures, in the event that the member perceives that the medication is
having an adverse effect on judgment or work.
(4) 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 ingestion of a prescription or over-the-counter drug.
(D) In fulfilling their responsibility under this section, members are not required to
explain the illness or medical condition for which they are taking medication.
(E) The Department shall take all reasonable steps to protect members' privacy
under the circumstances involved in this section.
(F) Any employee who voluntarily comes forward to his or her supervisor or the
City's EAP requesting assistance with chemical dependency 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.
(G) 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
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substance abuse program in addition to other disciplinary action and the
employee shall faithfully participate in such a program. Failure to agree to and
participate in such a program shall be cause for dismissal.
(H) Employees shall be recommended for either a thirty (30) day suspension or
termination if found under the influence or possessing illegal drugs.
SECTION 51 — GRIEVANCE PROCEDURE
51.1 Grievance — Purpose of Rule
(A) To promote improved employer-employee relations by establishing grievance
procedures on matters for which appeal or hearing is not provided by other
regulations.
(B) 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.
(C) To provide that grievances shall be settled as near as possible to the point of
origin.
(D) To provide that appeals shall be conducted as informally as possible.
51.2 Grievance — Matters Subject to Grievance Procedure
A grievance is a dispute over the interpretation, application or enforcement of the
express terms of the MOU. All formal grievances shall be submitted in writing on the
form attached to the MOU as Exhibit C. 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.
51.3 Grievance — Informal
(A) An employee who has a problem or complaint should first try to get it settled
through discussion with his or her Battalion Chief without undue delay. If, after
this discussion, he or she does not believe the problem has been satisfactorily
resolved, he or 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.
(B) If the employee is not in agreement with the decision reached by discussion with
the Fire Chief, he or she shall then have the right to file a formal appeal in writing
within ten (10) calendar days.
51.4 Grievance — Formal
(A) First Level of Review
The appeal shall be presented in writing to the employee's Battalion Chief, who
shall render his or her decision and comments in writing and return them to the
employee within ten (10) calendar days after receiving the appeal. If the
employee does not agree with his or her Battalion Chiefs 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
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his or her supervisor, or within a total of fifteen (15) calendar days if no decision
is rendered will constitute a dropping of the appeal.
(B) Department Review
The department head (or his or her designated representative), after receiving
the appeal, should discuss the grievance with the employee, his or her
representative, if any, and with other appropriate persons. The department head
shall render his or her decision and comments in writing, and return them to the
employee within ten (10) calendar days after receiving the appeal. If the
employee does not agree with the decision reached, or if the department head
fails to render a written decision within ten (10) calendar days after receiving the
appeal, the employee may advance the appeal to the City Manager within fifteen
(15) calendar days.
(B) City Manager
The City Manager receiving the appeal, or his or her designated representative,
should discuss the grievance with the employee, his or her representative, if any,
and with other appropriate persons. The City Manager may designate a fact-
finding committee, not in the normal line of supervision, or Personnel Board to
advise him concerning the appeal. The City Manager shall render a decision in
writing to the employee within twenty (20) calendar days after receiving the
appeal.
(D) Arbitration
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 Union or the employee may, within 14 calendar
days of receipt of the decision, require that the 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 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 reporter, if any, shall be
shared equally by the City and by the party requesting arbitration (i.e., the
employee or the Union). The party requesting arbitration (i.e., the employee or
the Union) and the City shall bear the costs of its own presentation, including
preparation and post-hearing briefs, of any, and the costs of its representative.
The decision of the Arbitrator shall be final and binding on all parties.
51.5 Grievance — Conduct
(A) The time limits specified 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 or her own
choosing in preparing and presenting his or her appeal at any level of review.
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(C) The employee and his or 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 52 — LAYOFF PROCEDURE
52.1 Layoff— Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14)
calendar days prior notice.
52.2 Layoff—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 52.5 is
qualified. All persons so demoted shall have their names placed on the re-employment
list.
52.3 Layoff— 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 and Section 52.4, 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.
52.4 Layoff— Seniority
(A) In order to retreat to a former or lower classification, an employee 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 Office within five (5) working days of receipt of notice of layoff.
(B) 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 classification and any prior
time served in the retreat classification. Ties will be broken based on seniority of
total City service.
(C) 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 the employee was
laid off.
(D) Employees retreating to a lower or similar classification shall serve a
probationary period in the new classification unless they have previously
successfully completed a probationary period in the retreat classification or a
higher classification in the series.
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52.5 Layoff— Employment 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.
52.6 Layoff— 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 list shall be
used by every appointing authority when a vacancy arises in the same or lower
classification of position before certification is made from an eligibility list.
52.7 Layoff— 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 were
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 lower
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 subject to
successful regular medical fitness for duty testing under this section.
SECTION 53 — COMMUNICATION PROCEDURE
53.1 Communication Procedure — Problem Solving
The parties agree to improve mutual communication and foster collaboration and
shared responsibility for problem solving 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.
53.2 Communication Procedure — Labor/Management Meetings
The parties shall conduct quarterly, or as needed 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 quarterly meetings, either party may initiate
other meeting(s) by notifying the other of their desire to discuss further issues as they
arise. The parties acknowledge that such notice does not constitute compliance with
this section. Each party shall designate its representative for such discussions. If either
party determines the issue to be of immediate importance, discussions shall commence
at the earliest possible time.
53.3 Communication Procedure — Union Notification
If the City desires to change a matter affecting wages, hours or working conditions
within the scope of representation not covered by this MOU, it shall so notify the Union.
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 39
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If the Union desires to negotiate, it will notify the City, and the parties will meet and
confer in good faith on an expedited basis.
53.4 Communication Procedure — Open Minded
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.
53.5 Communication Procedure — Reason for Decision
Once a decision is reached, the department will provide to the Union its reason for the
decision. This procedure shall be a supplement to, and 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 the scope of matters subject to meeting and conferring
or interest arbitration.
SECTION 54 — 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 governmental administrative
tribunal or board, such invalidation shall not affect the remaining portions of the Memorandum.
SECTION 55 — MUTUAL ACCEPTANCE AND RECOMMENDATION
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.
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 40
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INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1415, PETALUMA
/s/
Dennis Wallach Date
Labor Negotiator, IAFF Local 1415
/s/
Matt Martin Date
President, IAFF Local 1415
/s/
Jim Gloeckner Date
Vice President, IAFF Local 1415
/s/
Mac (James) Thompson Date
Secretary, IAFF Local 1415
/s/
Nick Fitzpatrick Date
Treasurer, IAFF Local 1415
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 41
DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
CITY OF PETALUMA
/s/
Brian Cochran Date
Assistant City Manager
/s/
Peggy Flynn Date
City Manager
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 42
DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
EXHIBIT A
Local 1415 - International Association of Fire Fighters, Unit 7
Salary Ranges Effective the First Full Pay Period Following July 1, 2021
Hourly Pay Steps
Classification 1 2 3 4 5
FIRE CAPTAIN 36.11 37.89 39.74 41.72 43.79
FIRE ENGINEER/PARAMEDIC 32.36 33.96 35.63 37.38 39.23
FIRE ENGINEER 31.62 33.16 34.80 36.50 38.32
FIRE FIGHTER 28.65 30.06 31.52 33.08 34.71
FIRE FIGHTER/PARAMEDIC 31.75 33.30 34.95 36.66 38.45
FIRE INSPECTOR (based 40 hours per week)
43.73 45.87 48.16 50.50 53.02
ASSISTANT FIRE MARSHAL (based 40 hours per week)
54.04 56.74 59.56 62.55 65.67
Salary Ranges Effective the First Full Pay Period Following July 1, 2022
Hourly Pay Steps
Classification 1 2 3 4 5
FIRE CAPTAIN 36.83 38.65 40.53 42.55 44.66
FIRE ENGINEER/PARAMEDIC 33.01 34.63 36.34 38.13 40.01
FIRE ENGINEER 32.25 33.82 35.50 37.23 39.09
FIRE FIGHTER 29.22 30.66 32.15 33.74 35.40
FIRE FIGHTER/PARAMEDIC 32.39 33.97 35.64 37.39 39.22
FIRE INSPECTOR (based 40 hours per week)
44.60 46.79 49.13 51.51 54.08
ASSISTANT FIRE MARSHAL (based 40 hours per week)
55.12 57.88 60.75 63.80 66.98
July 1, 2021 -June 30,2023 City of Petaluma/IAFF Unit 7 MOU 43
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EXHIBIT B
Local 1415 - International Association of Fire Fighters Unit 7
Survey Jurisdictions
The City and the Firefighters Association agree that the following jurisdictions will be
used in "total compensation" surveys:
City of San Rafael
Novato Fire Protection District
City of Santa Rosa
City of Napa
City of Vacaville
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 44
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EXHIBIT C
CITY OF PETALUMA - FIRE GRIEVANCE FORM
SUBJECT: GRIEVANCE RECORD FORM
The informal grievance procedure should be exhausted prior to the filing of a formal grievance.This form is to be completed in
accordance with the MOU and shall be filled by the grievant with his or her Battalion Chief.
DATE FILED:
EMPLOYEE(S) INVOLVED/CLASS TITLE:
UNION REPRESENTATIVE:
DATE OF INCIDENT:
ALLEGED VIOLATION OF MOU SECTION:
COMPLAINT:
REMEDY SOUGHT:
DATE
SIGNATURE OF GRIEVANT(S)
DATE
SIGNATURE OF GRIEVANT(S)
PHONE NUMBER
REPRESENTATIVE FOR THE GRIEVANT(S)
ADDRESS:
I AUTHORIZE THIS GRIEVANCE TO BE RELEASED TO THE IAFF LOCAL 1415 BOARD:
❑ YES ❑ NO
RECEIVED BY: DATE:
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 45
DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
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:
July 1, 2021 —June 30,2023 City of Petaluma/IAFF Unit 7 MOU 46
DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
EXHIBIT D
�ALU�Ll
r85$
SIDE LETTER AGREEMENT BETWEEN THE CITY OF
PETALUMA AND THE INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS (IAFF), UNIT 7
The representatives of the City of Petaluma and the International Association of Fire
Fighters (IAFF), Unit 7, have met and reached agreement on this Side Letter of
Agreement (SLA) to acknowledge the Unit's participation in the Southern California
Firefighters Benefit Trust (Trust). This SLA shall be effective following the City Council
adoption of the successor Memorandum of Understanding (MOU) and subsequent
establishment of the Trust. The terms of the trust are listed as follows:
1. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. For this
Section of the Side Letter Agreement (SLA), the "Defined Class" of employees
receiving contributions to the Southern California Firefighters Benefit Trust
(hereafter, the "Trust"), as set forth below, consists of all employees of the City of
Petaluma (hereafter, the "City") represented by the Petaluma Firefighters Local
1415 (hereafter, the "Association").
2. The Association will contract with the Southern California Firefighters Benefit Trust
to provide a Post-Retirement Medical Benefit Trust (PRMBT) for represented
employees. All Association represented employees will contribute $300/month to
the Trust via payroll deductions effective the first full pay period after the Trust is
established. No Association employee may opt out of the payroll contributions to
the Trust or opt to receive the payroll contributions in cash. Employees shall also
have vacation leave accruals earned under Section 7 (SICK AND VACATION
LEAVE TRANSFER) transferred to the Trust, and sick leave accruals transferred at
time of retirement to the Trust to the extent and as provided in those Sections of
this SLA. There will be no option to receive the sick leave or vacation leave
accruals in cash.
3. The trust shall be administered by a "third party administrator" selected by the
Southern California Firefighters Benefit Trust Board of Trustees."
4. The Trust shall provide post-retirement medical benefits in compliance with ERISA
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and the Internal Revenue Code according to the Medical Expense Reimbursement
Plan ("Plan") of the Trust, only to individuals who have met the eligibility.
5. The Association agrees to provide a copy of the annual audited financial statements
of the Trust upon request of the City, and the Association agrees to request
authorization from the Board of Trustees for the City to audit the books and records
of the Trust at the City's request.
6. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Association agree that
the City shall withhold a mandatory contribution of $300.00 per month [or $138.46
per pay period] on a pre-tax basis from the pay of every employee in the Defined
Class who is a member of the bargaining unit represented by the Association and
shall transmit such contributions to the Trust pursuant to the requirements in
Section 8 below. No employee in the Defined Class shall be permitted to opt-out of
the mandatory contributions or receive any portion of the contribution in cash.
7. SICK AND VACATION LEAVE TRANSFER. Effective upon establishment of the
Trust, the City and the Association agree that the City will make the following
mandatory transfers, on a pre-tax basis, to the Trust on behalf of every employee in
the Defined Class:
a. Mandatory Accrued Leave Contribution (at Retirement). For every employee
who is represented by the Association, the City shall, upon the employee's
retirement from the City, irrevocably contribute to the employee's Trust account
on a pre-tax basis, 100% of the employee's accumulated but unused vacation
leave under the Memorandum of Understanding. In the event of retirement, an
employee who has completed five (5) years or more with the City shall receive a
payment equal to fifty percent (50%) of his or her accumulated but unused sick
leave, not to exceed seven hundred and twenty (720) hours that shall be
contributed to the Trust on a pre-tax basis. For those individuals who are being
retired on a disability retirement, the employee shall receive a payment equal to
fifty percent (50%) of his or her accumulated but unused sick leave, not to
exceed one-thousand (1000) hours that shall be contributed to the trust on a
pre-tax basis. Effective upon establishment of the Retiree Medical Trust, the City
shall contribute these payments into the trust and employees shall no longer be
eligible to receive a payment.
b. Accrued Leave Contribution (Annually). For every employee who is
represented by the Association, the City shall reduce the employees vacation
balance to 400 hours effective the first pay date in August of each year, or such
other date as is established by the City. The accrued but unused vacation that
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was in excess of the now 400 hour balance will be irrevocably contributed to the
employee's Trust account on a pre-tax basis. The City will provide notice of any
change in the annual vacation transfer date no less than 6 months prior to the
new transfer date.
8. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions
and/or accrued but unused leave payments directly to the Trust for the duration of
the current Memorandum of Understanding. Those contributions shall be remitted in
one aggregate payment directly to the custodian of the Trust within 30 days of the
date the payment would have been payable to the employee.
The Employer hereby acknowledges receipt of the Trust Agreement governing the
Trust.
9. REPORTING TO TRUST OFFICE.
(a) The City shall electronically submit to the Trust Office a monthly
contribution report of contributing employees on whose behalf
contributions are made to the Trust, in a format agreed to by the City and
Trust.
(b) The City shall also provide an initial report of information with the following
data, on file with the City, for all contributing employees: employee name;
employee number; social security number; date of birth; date of hire; home
address; and phone numbers.
(c) Separate from the contribution report and initial report, the City will send a
monthly employee data report with the following data, on file with the City,
on all participating employees: employee name; employee number; date of
birth; date of hire; home address; and phone numbers. The employee data
report will include information, on file with the City, on new hires (i.e., the
above-listed data on each new hire), employee separations (i.e.,
employees removed from the report), and changes in employee contact
information. The City will include social security numbers of only new hires
in the monthly report.
The Association and/or Trust will be responsible for reconciling the data provided in
these reports to identify changes.
10. MODIFICATION OF EMPLOYEE CONTRIBUTION AND LEAVE AMOUNTS. The
City and the Association agree that the Association has the right, subject to
approval of its members according to the Association's internal rules, to
prospectively modify the amount of the mandatory employee monthly contribution
in any increment of $25, or the percent of the mandatory employee leave
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contribution during the course of this Agreement, so long as the modification is
mandatory for all employees covered by this Agreement.
11. The City's obligation to provide pre-tax deposits would remain subject to Internal
Revenue Service rules as they may be revised in the future. Should the Internal
Revenue Service later determine that these contributions are no longer permissible
on a pre-tax basis, the parties shall meet and confer in good faith to pursue
alternative approaches for providing comparable benefits.
12. The Association agrees, to the fullest extent permitted by applicable law, to
indemnify and hold harmless the City and each of its agents, officers, and
employees against all costs, expenses, liability, and damages resulting from any
misrepresentation, negligent action or inaction, or breach of, the Trust, or any
rules, policies, or procedures established by the Trust's Board of Trustees.
The City provides no guarantee to Fire employees regarding the ultimate length of
retiree medical benefit payout. Employees who participate in the Trust assume the
entire risk from any investment gains or losses associated with these funds or
other decline in value. Nothing contained in this SLA shall constitute a guarantee
by the City that assets of the Trust will be sufficient to pay any benefit to any
person or to make any other payment during an employee's life expectancy after
retirement. All payments, in the form of employee contributions, to the Trust are
defined contributions only. Payments to be paid from the Trust are limited to the
remaining assets in the Trust and governed by the Board of Trustees and the
current Plan. The parties understand that the above provisions shall in no way
obligate the City to incur any additional costs or obligations beyond those already
set forth in this SLA.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
E
DocSigned�b'y,��adl hayfiv, 10/22/2021
nnnnnG7neoaaann
Matt Martin, President, IAFF Local 1415 Date
DocuSigned by:
10/22/2021
Jim Gloeckner, Vice�President, IAFF Local 1415 Date
50
DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
CITY OF PETALUMA
Peggy Flynn, City Manager Date
10/21/2021
Brian Cochran, Assistant City Manager Date
51