HomeMy WebLinkAboutResolution 2023-156 N.C.S. 10/02/2023 DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
Resolution No. 2023-156 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA RATIFYING THE
MEMORANDA OF UNDERSTANDING, EFFECTIVE JULY 1, 2023 —JUNE 30, 2026,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 July 1, 2021 — June 30, 2023, 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 Tentative Agreement
and executed this MOU, effective July 1,2023 —June 30,2026, 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, 2023 —June 30,
2026, 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, approving this action
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,by the City Council of the City of Petaluma as follows:
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, approving this action 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, 2023—June 30, 2026,between the City of Petaluma and the International
Association of Fire Fighters (IAFF), Unit 7, attached to and incorporated as Exhibit A.
Resolution No. 2023-156 N.C.S. Page 1
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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 2nd day of October Docusigned ifiorni:
2023,by the following vote:
City Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Healy,Nau,Pocekay,Shribbs
NOES: None
ABSENT: None
None
ABSTAIN: DocuSiLE-A.1
ned by: J D/cuSiSiigned by:
Z) 7
ATTEST: l /{�f
City Clerk Mayor
Resolution No. 2023-156 N.C.S. Page 2
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Exhibit A to Resolution
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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 2023 - J U N E 305 2026
DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
TABLE OF CONTENTS
Section Provision Paqe
PREAMBLE.......................................................................................................... . 1
SECTION 1 - TERM OF AGREEMENT.................................................................. ...... 1
SECTION 2 - RECOGNITION................................................................................... . 1
SECTION 3 - UNION RIGHTS.................................................................................. 1
3.1 Union - Business.......................................................................................... 1
3.2 Union - Non-Interference................................................................................ 2
3.3 Union - Discrimination Prohibited - Union Activity................................................ 2
3.4 Union - Bulletin Boards................................................................................... 2
3.5 Union - Use of Facilities.................................................................................. 2
3.6 Union - Union Bank of Time............................................................................ 2
SECTION 4 - UNION DUES DEDUCTION................................................................... 3
4.1 Union Dues - Payroll Deductions...................................................................... 3
SECTION 5 - HOURS AND OVERTIME...................................................................... 3
5.1 Duty Shifts - Work Week................................................................................. 3
5.2 Shift Rotation................................................................................................ 4
5.3 Temporary Reassignment................................................................................ 4
5.4 FLSA Period..................................................................................................4
5.5 Light Duty- Work week...................................................................................4
5.6 Light Duty- Benefits.......................................................................................4
5.7 Light Duty- Holidays...................................................................................... 4
5.8 Administrative Assignments (Suppression Employees) ..........................................4
5.9 Overtime - Resolution of Overtime.................................................................... 5
5.10 Overtime -Administered by the City.................................................................. 5
5.11 Overtime General - Shift Personnel................................................................... 5
5.12 Fire Recall and Special Recall...........................................................................5
5.13 Overtime - Shift Continuation............................................................................6
5.14 Mandated Certification Training.........................................................................6
5.15 Physical Training Time.................................................................................... 6
5.16 Overtime Compensation - Compensatory Time....................................................6
5.17 Compensatory Time - Request for Time............................................................. 6
5.18 Compensatory Time Payout........................................................................... .. 6
SECTION 6 - MINIMUM STAFFING........................................................................... 6
SECTION 7 - SHIFT TRADES................................................................................. .. 7
7.1 Shift Trades - Limit ....................................................................................... 7
7.2 Shift Trades -Approval................................................................................... 7
7.3 Shift Trades - Denial.......................................................................................7
7.4 Shift Trades -Advance Notification - 3 Shifts................................................... ... 7
7.5 Shift Trades -Advance Notification - 4 Shifts or More........................................... 7
7.6 Shift Trades - In Excess of Thirty (30) Shifts....................................................... 7
7.7 Shift Trades - Individual Responsibility...............................................................8
7.8 Shift Trades - Leave.......................................................................................8
7.9 Shift Trades - Employee Responsibility............................................................ .. 8
July 1, 2023-June 30,2026 City of Petaluma/IAFF Unit 7 MOU i
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Section Provision Page
SECTION 8 - SALARIES..........................................................................................8
8.1 Salaries........................................................................................................8
8.2 Merit Advancement - Not Automatic...................................................................9
8.3 Merit Advancement - Schedule.........................................................................9
8.4 Merit Advancement- Effective Date...................................................................9
8.5 Salary- Out of Grade Pay...............................................................................9
8.6 Bilingual Pay - Spanish................................................................................... 9
8.7 Education Incentive Pay................................................................................. 9
8.8 Certificate Pay............................................................................................. 10
8.9 Longevity Pay ............................................................................................. 10
8.10 Fire Investigations - Standby Pay....................................................................10
SECTION 9 - UNIFORM AND CLOTHING ALLOWANCE..............................................11
9.1 Uniform and Clothing Allowance........................................................................11
SECTION 10 - HOLIDAYS.......................................................................................11
10.1 Holidays - Scheduled....................................................................................11
10.2 Holidays - Observed ....................................................................................12
10.3 Holiday Pay- Calculation...............................................................................12
SECTION 11 -VACATION.................................................................................... 12
11.1 Vacation - Eligibility......................................................................................12
11.2 Vacation - New Employee............................................................................ 12
11.3 Vacation -Accrual....................................................................................... 12
11.4 Vacation - Selection Procedure...................................................................... 13
11.5 Vacation - Deferral.......................................................................................13
11.6 Vacation - Labor Code 4850 Leave................................................................. 14
11.7 Vacation -Annual Vacation Transfer to Retiree Medical Trust.............................. 14
11.8 Vacation - Vacation Payment at Separation..................................................... 14
11.9 Vacation - Vacation Payment at Retirement...................................................... 14
SECTION 12 - LEAVES - SICK LEAVE.................................................................... 15
12.1 Sick Leave -Accrual.................................................................................... 15
12.2 Sick Leave Usage - Employee...................................................................... 15
12.3 Sick Leave Usage - Family Purposes.............................................................. 15
12.4 Sick Leave - Notification Procedures............................................................... 15
12.5 Sick Leave - Physician Certification.................................................................15
12.6 Sick Leave - Rate of Usage........................................................................... 15
12.7 Sick Leave - Light Duty Non-Duty Injury............................................................16
12.8 Sick Leave - Light Duty -Work Related Injury...................................................16
12.9 Sick Leave - Relationship to Workers' Compensation..........................................16
12.10 Sick Leave - Use During Vacation...................................................................16
12.11 Sick Leave - Use Disability............................................................................ 16
12.12 Sick Leave - Payment at Retirement................................................................17
12.13 Sick Leave - Payment at Disability Retirement...................................................17
SECTION 13 - LEAVES -WORKERS' COMPENSATION.............................................17
SECTION 14- LEAVES - BEREAVEMENT LEAVE.................................................... 17
14.1 Bereavement Leave - Time........................................................................... 17
14.2 Bereavement Leave - Definition of Family.........................................................17
14.3 Bereavement Leave - Travel Time.................................................................. 17
14.4 Bereavement Leave - Fire Inspector and Assistant Fire Marshal........................... 17
July 1, 2023-June 30,2026 City of Petaluma/IAFF Unit 7 MOU ii
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Section Provision Paqe
SECTION 15 — LEAVES — LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE
& SEXUAL ASSAULT............................................................................................ 18
SECTION 16 — LEAVES — MILITARY LEAVE............................................................. 18
SECTION 17 — LEAVES — ELECTION OFFICER LEAVE AND VOTING LEAVE............... 18
SECTION 18 — LEAVES — SCHOOL VISITATION LEAVE.............................................18
SECTION 19 — LEAVES — LEAVE OF ABSENCE WITHOUT PAY..................................18
SECTION 20 — LEAVES — JURY DUTY LEAVE.......................................................... 18
20.1 Jury Leave with Pay..................................................................................... 18
20.2 Jury Leave — Notification............................................................................... 19
20.3 Jury Leave — Telephone Check-In................................................................... 19
SECTION 21 — LEAVES — FAMILY CARE & MEDICAL LEAVE (FMLA & CFRA).............. 19
21.1 FMLA and or CRFA Leave............................................................................. 19
21.2 FMLA and or CRFA — Second Opinion............................................................. 19
SECTION 22 — LEAVES — PREGNANCY DISABILITY LEAVE.......................................19
22.1 Pregnancy Disability Leave............................................................................ 19
22.2 PDL — Transfer............................................................................................ 19
SECTION 23 — DISCRIMINATION, HARASSMENT & RETALIATION PROHIBITED.......... 19
SECTION 24 — REASONABLE ACCOMMODATION................................................... 20
SECTION 25 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM................. 20
SECTION 26 — HEALTH BENEFITS — ACTIVE EMPLOYEES........................................21
26.1 Active Employees — PEMHCA Contribution....................................................... 21
26.2 Active Employees — Additional Benefit..............................................................21
26.3 Employee Contribution.................................................................................... 22
SECTION 27 — HEALTH BENEFITS — RETIRED EMPLOYEES......................................22
27.1 Retired Employees — CalPERS and the PEMHCA...............................................22
27.2 CalPERS Annuitant — PEMHCA Health Benefits.................................................22
27.3 Less Than 20 Years of Service — Not Receiving PEMHCA Health Benefits...............23
27.4 Less Than 20 Years of Service — Receiving PEMHCA Health Benefits....................23
27.5 20 Years or More of Service — Not Receiving PEMHCA Health Benefits..................23
27.6 20 Years or More of Service — Receiving PEMHCA Health Benefits........................23
SECTION 28 — RETIRED EMPLOYEES — DISABILITY BENEFITS.................................23
28.1 CalPERS Annuitant — PEMHCA Health Benefits................................................ 23
28.2 Less Than 15 Years of Service — Not Receiving PEMHCA Health Benefits...............23
28.3 15 Years or More Service — Receiving PEMHCA Health Benefits...........................23
28.4 15 Years or More Service — Not Receiving PEMHCA Health Benefits..................... 24
SECTION 29 — CASH IN LIEU OF HEALTH AND DENTAL BENEFITS ...........................24
SECTION 30 — SECTION 125 PLAN......................................................................... 24
SECTION 31— DENTAL PROGRAM......................................................................... 24
SECTION 32 — VISION PROGRAM.......................................................................... 25
SECTION 33 — LIFE INSURANCE............................................................................ 25
SECTION 34 — LONG TERM DISABILITY INSURANCE.............................................. 25
34.1 LTD —Amount............................................................................................ 25
34.2 LTD — No Sick Leave Deduction..................................................................... 25
SECTION 35 — EMPLOYEE ASSISTANCE PROGRAM............................................... 25
SECTION 36 — DEFERRED COMPENSATION........................................................... 25
SECTION 37 — PERSONAL EXPOSURE REPORTING................................................ 25
July 1, 2023—June 30, 2026 City of Petaluma/ IAFF Unit 7 MOU M
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Section Provision Paqe
SECTION 38 - CLASS B PHYSICALS...................................................................... 26
38.1 Class B Physicals - Frequency.......................................................................26
38.2 Class B Physicals - Employee Reimbursement..................................................26
38.3 Class B Physicals - 30 Days Notice.................................................................26
38.4 Class B Physicals - No Cost to Employee.........................................................26
38.5 Class B Physicals - Prior Approval..................................................................26
38.6 Class B Physicals - Program Limitations.......................................................... 26
SECTION 39 - CLASS B and C DRIVER LICENSE..................................................... 26
39.1 Class B and C - Requirement........................................................................ 26
39.2 Class B - Pull Notice - Purpose......................................................................26
39.3 Class B - Process Pull Notice is Received.........................................................26
39.4 Class B - Lapse/Loss of Class B.....................................................................27
SECTION 40 - CATASTROPHIC MEDICAL EMERGENCY LEAVE SHARING PLAN...... 27
SECTION 41 - FIRE INSPECTOR AND ASSISTANT FIRE MARSHAL........................... 27
41.1 Fire Inspector and Assistant Fire Marshal - Rights..............................................27
41.2 Fire Inspector and Assistant Fire Marshal - Work Week.......................................27
41.3 Fire Inspector and Assistant Fire Marshal - Overtime..........................................27
41.4 Fire Inspector and Assistant Fire Marshal - Compensatory Time...........................27
41.5 Fire Inspector and Assistant Fire Marshal - Holidays...........................................27
41.6 Fire Inspector and Assistant Fire Marshal - Floating Holiday.................................28
41.7 Fire Inspector and Assistant Fire Marshal - Call in Holidays..................................28
41.8 Fire Inspector and Assistant Fire Marshal -Vacation Accrual................................28
41.9 Fire Inspector and Assistant Fire Marshal -Vacation Deferral...............................29
41.10 Fire Inspector and Assistant Fire Marshal - Sick Leave........................................29
41.11 Fire Inspector and Assistant Fire Marshal - Rate of Usage................................. 29
SECTION 42 - MAINTENANCE OF CERTIFICATIONS/ LICENSES................................29
SECTION 43 - FIREFIGHTER OPENINGS.................................................................29
SECTION 44 - PROMOTIONAL TESTING AND JOB CLASSIFICATIONS.......................29
44.1 Promotional Testing & Job Classifications - Meet and Confer................................29
44.2 Promotional Testing & Job Classifications - Disputes..........................................29
44.3 Promotional Testing & Job Classifications - Posting Requirements........................29
44.4 Promotional Testing & Job Classifications - Changes in Process...........................29
44.5 Promotional Testing & Job Classifications - Eligibility Lists...................................29
SECTION 45 - PROBATIONARY PERIOD.................................................................30
45.1 Purpose of Probation....................................................................................30
45.2 Periodic Probationary Evaluation.....................................................................30
45.3 Length of Probationary Period........................................................................ 30
45.4 Rejection during Probation.............................................................................30
45.5 Extension of Probationary Period.................................................................... 30
45.6 Promotion of Probationary Employee .............................................................. 31
45.7 Unsuccessful Passage of Promotional Probation................................................31
SECTION 46 - SAFETY COMMITTEE.......................................................................31
SECTION 47 - PERSONNEL FILES..........................................................................31
47.1 Personnel Files - Access to Personnel File....................................................... 31
47.2 Personnel Files -Acknowledge Receipt............................................................31
47.3 Personnel Files - Adverse Comments..............................................................31
July 1, 2023-June 30, 2026 City of Petaluma/ IAFF Unit 7 MOU iv
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Section Provision Page
SECTION 48 — DISCIPLINE.....................................................................................31
48.1 Discipline — Just Cause.................................................................................31
48.2 Discipline — Discipline Defined........................................................................32
48.3 Discipline — Pre-Disciplinary Response ("Skelly") Meeting.................................... 32
48.4 Discipline — Procedures................................................................................ 32
48.5 Discipline — Appeals.....................................................................................32
SECTION 49 — GRIEVANCE PROCEDURE................................................................33
49.1 Grievance — Purpose of Rule..........................................................................33
49.2 Grievance — Matters Subject to Grievance Procedure..........................................33
49.3 Grievance — Informal.................................................................................... 33
49.4 Grievance — Formal.................................................................................... 33
49.5 Grievance — Conduct....................................................................................34
SECTION 50 — LAYOFF PROCEDURE..................................................................... 34
50.1 Layoff— Notification .....................................................................................34
50.2 Layoff— Vacancy and Demotion......................................................................35
50.3 Layoff— Employee Rights..............................................................................35
50.4 Layoff— Seniority......................................................................................... 35
50.5 Layoff— Employment Status...........................................................................35
50.6 Layoff— Re-employment List.......................................................................... 36
50.7 Layoff— Duration of Re-Employment List.......................................................... 36
SECTION 51 — COMMUNICATION PROCEDURE....................................................... 36
51.1 Communication Procedure — Problem Solving................................................... 36
51.2 Communication Procedure — Labor/Management Meetings.................................. 36
51.3 Communication Procedure — Union Notification................................................. 36
51.4 Communication Procedure — Open Minded...................................................... 36
51.5 Communication Procedure — Reason for Decision............................................. 37
SECTION 52 — SAVINGS CLAUSE.......................................................................... 37
SECTION 53 — MUTUAL ACCEPTANCE AND RECOMMENDATION............................. 37
EXHIBIT A— SALARY TABLES.............................................................................. 40
EXHIBIT B — SURVEY JURISDICTIONS....................................................................42
EXHIBIT C — GRIEVANCE FORM.............................................................................43
EXHIBIT D — RETIREE MEDICAL TRUST SIDE LETTER AGREEMENT..........................45
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU v
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PETALUMA
AND LOCAL 1415
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(IAFF)
July 1, 2023 —JUNE 30, 2026
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, 2023.
SECTION 1 — TERM OF AGREEMENT
1.1 Effective Date
This Memorandum of Understanding shall be for the period commencing on July 1, 2023
with adoption by the City Council and continuing through June 30, 2026.
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 2026. 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 UNION RIGHTS
3.1 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
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 1
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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.
3.2 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.
3.3 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.
3.4 Union — Bulletin Boards
As used in this MOU, "Bulletin Board" shall mean the official posting place for Union
notices as prescribed by this MOU.
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.
3.5 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.
3.6 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.
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.
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 2
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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 4 — UNION DUES DEDUCTION
4.1 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 deductions 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 4 and any
other payments to the Union consistent with this MOU.
SECTION 5 — HOURS AND OVERTIME
5.1 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.
(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
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 3
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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.
5.2 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.
5.3 Temporary Reassignment
(A)Classifications listed in section 5.1 (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.
(B)When an additional position is allocated for a special Administrative Assignment,
such as a training captain, that position may be assigned to a forty (40) hour work
week for more than six (6) months and will receive a pay incentive of 5.5% while
filling the special assignment.
5.4 FLSA Period
The Fair Labor Standards Act (FLSA) work period shall be a twenty-eight (28) day period.
5.5 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 a Monday through
Sunday forty (40) hour work week.
5.6 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 10 below.
5.7 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.
5.8 Administrative Assignments (Suppression Employees)
(A)When a suppression employee is assigned to a forty (40) hour work week
Administrative Assignment (e.g., training captain), the employee will be paid at the
hourly rate for 40-hour Administrative Assignments as set forth in the City's Salary
schedule. To capture the full pay for a 56-hour workweek (including built-in overtime),
the pay for a 40-hour Administrative Assignment will be set at 1.4375 times the
suppression rate.
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 4
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(B)Suppression employees assigned a 40-hour workweek will accrue new vacation and
sick leaves at a rate of 0.714 times the 56-hour accrual rate. Sick leave, vacation, and
CTA accrued prior to the Administrative Assignment will be maintained in a 56-hour
leave bank and will be converted based on the 0.714 factor prior to use (i.e., 1 hour of
56-hour leave equates to 0.714 hours of leave for a 40-hour employee).
Sick leave, vacation, and CTA earned or accrued at the 40-hour rate will be converted
to 56-hour leaves at the rate of 1.4 hours of 56-hour leave per hour of
40-hour leave when the employee leaves the 40-hour assignment or before they
are paid out. Payout of CTA, vacation, and sick leave (including payments into
the RMT) will occur at the 56-hour rate.
(C)Suppression employees assigned a 40-hour Administrative Assignment will not
receive holiday pay, but will be entitled to take off City Holidays as determined by
Council Resolution with pay, consistent with Section 41.5(A).
(D)Suppression employees assigned to a 40-hour Administrative Assignment will be
assigned two payrates for overtime assignments.
a. For overtime work performed in the Administrative Assignment, the employee
will be paid based on the 40-hour payrate for their step and class.
b. For overtime work performed on a suppression shift (including strike teams),
the employee will be paid based on the 56-hour payrate for their step and class.
Compensatory time earned while working a suppression shift will be accrued
in the 56-hour CTA leave bank.
5.9 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.
5.10 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.
5.11 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).
5.12 Fire Recall and Special Recall
Off-duty Fire Department personnel are subject to recall and will be paid at one and one-
half (1.5) 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 and note the minimum recall
pay. When overtime exceeds four (4) hours and fifteen (15) minutes, the overtime will be
paid to the nearest half hour.
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5.13 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 member is requested to continue on duty after the end of a normal twenty-
four (24) hour shift and the 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.
5.14 Mandated Certification Training
All Fire Department personnel in this unit shall be compensated at one and one-half (1 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.
5.15 Physical Training Time
Employees shall be provided one (1) hour of physical training time between the hours of
0800-1700 when time permits.
5.16 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.
5.17 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.
5.18 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 6 — 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
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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 7 — 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.
7.1 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.
7.2 Shift Trades —Approval
All trades must be approved by the employee's immediate shift supervisor and shift
Battalion Chief prior to the leave.
7.3 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.
(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).
7.4 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 7.2 above.
7.5 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
7.6 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
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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.
7.7 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.
7.8 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.
7.9 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.
SECTION 8 — SALARIES
8.1 Salaries
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.
Annualized rates of pay for employees working a fire suppression shift schedule, as defined
in Sections 5.1 and 5.2, shall be based on 2920 hours per year (i.e., 56.15 X 52 = 2920
hours per year).
Annualized rates of pay for employees working a 40-hour work schedule shall be based on
2080 hours per year (i.e., 40 X 52 = 2080 hours per year).
(A)General Salary Increases (GSI)
Effective the first full pay period following July 1, 2023, all unit members shall
receive a four percent (4.0%) base wage increase.
Effective the first full pay period following July 1, 2024, all unit members shall
receive a three percent (3.0%) base wage increase.
Effective the first full pay period following July 1, 2025, all unit members shall
receive a three percent (3.0%) base wage increase.
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(B)Market Based Equity Adjustments
Effective the first full pay period following July 1, 2023, the City shall increase
the base pay for all employees in the classifications of Firefighter,
Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire Captain,
Fire Inspector, and Assistant Fire Marshal by one-and-one-half percent
(1.5%). Market based equity adjustments are independent of the GSI but will
be implemented in an additive (non-compounded) fashion (i.e., the total
increase will be 5.5%).
8.2 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.
8.3 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
8.4 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.
8.5 Salary — Out of Grade Pay
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.
8.6 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.
8.7 Education Incentive Pay
Educational Incentive Pay is provided for qualified employees in the classifications of
Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire 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
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8.8 Certificate Pav
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 or Company Officer Certificate - $100.00
(B)Chief Officer Certificate - $200.00
(C)Prevention Officer I or Fire Inspector I Certificate - $100.00
(D)Prevention Officer 11 or Fire Inspector II Certificate - $200.00
The cumulative amounts, described in sections 8.7 and 8.8, 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.
8.9 Longevity Pay
(A) 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.
(B)Effective the first full pay period following July 1, 2023, the following longevity
premiums shall apply:
1. Employees with five (5) years of paid service with the City of Petaluma
as a member of a City bargaining unit shall receive longevity pay in the
amount of two-point five percent (2.5%) above his or her hourly rate of
pay.
2. Employees with eight (8) years of paid service with the City of
Petaluma as a member of a City bargaining unit shall receive longevity
pay in the amount of five percent (5.0%) above his or her hourly rate of
pay.
3. Employees with eleven (11) years of paid service with the City of
Petaluma as a member of a City bargaining unit shall receive longevity
pay in the amount of seven-point five percent (7.5%) above his or her
hourly rate of pay.
4. Employees with fifteen (15) years of paid service with the City of
Petaluma as a member of a City bargaining unit shall receive longevity
pay in the amount of ten percent (10.0%) above his or her hourly rate
of pay.
8.10 Fire Investigations — Standby Pay
(A) All Fire Department Personnel are emergency responders and are expected to
respond to callout when required by Management (consistent with Departmental
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policy). In addition, Management may assign any qualified employee to standby
duty during their off-duty periods. Standby duty is defined as being available for
duty when off-duty (including during unpaid meal breaks). An individual assigned
to standby duty is required to respond to a fire department incident (primarily, fire
investigation) when called.
(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 shall assign standby duty, in writing, as soon as practicable prior to
the standby assignment.
(D) Qualified employees assigned to standby duty shall be compensated at a rate of
three dollars and twenty-five cents ($3.25) per hour. Effective the first full pay
period following July 1, 2023, qualified employees assigned to standby duty shall
be compensated at a rate of eighteen percent (18%) per hour of his/her regular
hourly rate for every hour the employee actually stands by.
(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).
(G) Paid Holiday time is not "duty time" for purposes of this section.
SECTION 9 — UNIFORM AND CLOTHING ALLOWANCE
9.1 Uniform and Clothing Allowance
Effective May 20, 2019, following adoption of a Side Letter Agreement, the uniform and
clothing allowance was eliminated.
SECTION 10 — HOLIDAYS
10.1 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 12tn
President's Day Third 3rd Monday in February
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Cesar Chavez Day March 31 st
Memorial Day Last Monday of May
Independence Day July 4tn
Labor Day First 1st Monday of September
Veterans Day November 11 to
Thanksgiving Day Fourth 4th Thursday of November
Day after Thanksgiving Day after Thanksgiving
Christmas Eve December 24tn
Christmas Day December 25tn
10.2 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 10.1.
10.3 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 11 —VACATION
11.1 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
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.
11.2 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.
11.3 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
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other vacation days, provided the employee does not exceed his or her accrued vacation
hours.
11.4 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.
(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 11.4.
11.5 Vacation — Deferral
Annually, at the time of vacation selection, an employee may elect to defer accrued
vacation up to the maximum allowed under 11.3 above. Deferral of accrued vacation
hours are subject to the limitations as stated in 11.4 above.
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11.6 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 11.3, 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 11.7, 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 11.3, 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 up to 100% of their regular
pay after they have reduced their regular vacation accrual balance to 40 hours.
11.7 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.
11.8 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.
11.9 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.
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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 12 — LEAVES — SICK LEAVE
12.1 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.
12.2 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.
12.3 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 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.
12.4 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.
12.5 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).
12.6 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.
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12.7 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.
12.8 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.
12.9 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 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 12 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.
12.10 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.
12.11 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.
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12.12 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 a contribution equal to fifty percent (50%) of their accumulated but
unused sick leave, not to exceed seven hundred and twenty (720) hours, into the
employee's Retiree Medical Trust account on a pre-tax basis (to the extent permitted by
law). This contribution shall be made into the Retiree Medical Trust and employees shall
not be eligible to receive the payment. Any remaining accumulated but unused sick leave
shall be converted to service credit in accordance with MOU Section 25 and the City's
contract with CaIPERS.
12.13 Sick Leave — Pavment at Disability Retirement
For those individuals who are being retired on a disability retirement, the employee shall
receive a contribution equal to fifty percent (50%) of their accumulated but unused sick
leave, not to exceed one-thousand (1000) hours, into the employee's Retiree Medical
Trust account on a pre-tax basis (to the extent permitted by law). This contribution shall
be made into the Retiree Medical Trust and employees shall not be eligible to receive the
payment.
SECTION 13 — 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.
SECTION 14 — LEAVES — BEREAVEMENT LEAVE
14.1 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. Employees may take off two (2) additional
shifts per instance of bereavement using the employee's eligible leave banks (including
vacation and sick leave).
14.2 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.
14.3 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.
14.4 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). Employees in this category may take off two (2) additional days per instance
of bereavement using the employee's eligible leave banks (including vacation and sick
leave).
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SECTION 15 — 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 16 — 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 17 — 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.
SECTION 18 — 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 19 — 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 20 — LEAVES — JURY DUTY LEAVE
20.1 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.
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20.2 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.
20.3 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 21 — LEAVES — FAMILY CARE AND MEDICAL LEAVE (FMLA & CFRA)
21.1 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.
21.2 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.
SECTION 22 — LEAVES — PREGNANCY DISABILITY LEAVE
22.1 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.
22.2 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 23 — 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.
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SECTION 24 — 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 25 — CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Tier 1
The City's contract with the California Public Employees' Retirement System ("CaIPERS")
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).
• 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 CaIPERS to be "Classic" members hired after
November 15, 2012, the effective date of the amended contract with CaIPERS, 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.
• Military Service Credit as provide in Section 21024.
• Credit for Unused Sick Leave as provided in Section 20965.
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628.
• Cost of Living Allowance two percent (2%) as provided by Section 21329.
• Retired Death Benefit of $500 as provided in Section 21620.
• Post Retirement Survivor Allowance Continues as provided in Section 21635.
• Death Benefit Continues as provided in Section 21551.
• Prior Service Credit as provided in Section 20055.
Tier 3
New Safety employees hired on or after January 1, 2013 who meet the definition of a new
CaIPERS member under the Public Employees' Pension Reform Act (PEPRA) shall receive
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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.
• Military Service Credit as provide in Section 21024.
• Credit for Unused Sick Leave as provided in Section 20965.
• Post Retirement Survivors Allowance —fifty percent (50%) as provided by Sections:
21624, 21626, and 21628.
• Cost of Living Allowance two percent (2%) as provided by Section 21329.
• Retired Death Benefit of $500 as provided in Section 21620.
• Post Retirement Survivor Allowance Continues as provided in Section 21635.
• Death Benefit Continues as provided in Section 21551.
• Prior Service Credit as provided in Section 20055.
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%).
SECTION 26 — HEALTH BENEFITS —ACTIVE EMPLOYEES
26.1 Active Employees— PEMHCA Contribution
The City currently provides health benefits through the CalPERS 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 CalPERS.
26.2 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, 2023, the City shall pay an additional benefit that depends upon the
actual percentage increase in the Kaiser— Region 1 premium. The City's additional benefit
contribution for 2023 shall be up to a 9% increase of the 2022 Health Plan Rate less the
City's PEMHCA contribution, multiplied by ninety-five percent (95%), or an amount equal to
the actual 2023 CalPERS 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, 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, 2023, the monthly premium at the Kaiser rate for single
health benefit coverage is $913.74 and the PEMHCA rate is $151.00. The additional benefit
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is calculated at $913.74 less $151.00 multiplied by 95% = $724.60. The employee
contribution is $38.14 ($913.74 - $151.00 - $724.60= $38.14).
The 2024 CaIPERS premium for Kaiser— Region 1 and required 2024 PEMHCA contribution
are unknown. Effective January 1, 2024, 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 2024 shall be equal to the actual 2024 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 2025 CaIPERS premium for Kaiser— Region 1 and required 2025 PEMHCA contribution
are unknown. Effective January 1, 2025, 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 2025 shall be equal to the actual 2025 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 2026 CaIPERS premium for Kaiser— Region 1 and required 2026 PEMHCA contribution
are unknown. Effective January 1, 2026, 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 2026 shall be equal to the actual 2026 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%.
26.3 Employee Contribution
Employees shall contribute to his/her CaIPERS Health Premium in the amounts less the
City's PEMHCA contribution and less the additional benefit paid by the City.
SECTION 27 — HEALTH BENEFITS — RETIRED EMPLOYEES
27.1 Retired Employees — CaIPERS and the PEMHCA
The City currently provides health benefits through the CaIPERS Health Benefits Program
under the PEMHCA. In order to be eligible to receive health benefits through CaIPERS upon
retirement, a City of Petaluma employee must meet the following definition of "annuitant"
under CaIPERS law:
(A) Employee must be a member of CaIPERS; and
(B) Employee must retire within 120 days of separation from employment with the City of
Petaluma and receive a monthly retirement allowance from CaIPERS.
27.2 CaIPERS Annuitant— PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CaIPERS annuitant and
receives health benefits under the PEMHCA, the employee is eligible to receive the City's
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PEMHCA contribution amount specified in Section 27.4 below, regardless of the number
of years of service with the City of Petaluma.
27.3 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.
27.4 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
CaIPERS annuitant as defined in Section 27.1 and enrolled in the CalPERS health benefit
program is eligible to receive the Minimum PEMHCA Contribution as set by CaIPERS.
The City's PEMHCA contribution amount is deducted from the retiree's monthly health
premium and paid to CalPERS directly by the City.
27.5 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 CaIPERS annuitant and who is not enrolled in the CaIPERS 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.
27.6 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 CaIPERS annuitant as defined in Section 27.1 and enrolled in the CalPERS health
benefit program shall receive a benefit payment of the Minimum PEMHCA Contribution as
set by CaIPERS.
It is the responsibility of the retiree to notify the City in writing if he or she is no longer
participating in the CaIPERS health benefit program. Following receipt of the written notice,
the City will commence direct payment of the one hundred forty dollars ($140) at the
beginning of the following month.
SECTION 28 — RETIRED EMPLOYEES — DISABILITY BENEFITS
28.1 CalPERS Annuitant— PEMHCA Health Benefits
In accordance with the PEMHCA provisions if an employee is a CalPERS annuitant as
defined in Section 27.1 and receives health benefits under the PEMHCA, the employee
is eligible to receive the City's PEMHCA contribution amount, specified in Section 27.4,
regardless of the number of years of service with the City of Petaluma.
28.2 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.
28.3 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 CaIPERS from the City of Petaluma based upon disability and is enrolled in
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the CalPERS health benefit program shall receive a benefit payment of one hundred and
forty dollars ($140) per month as specified in Section 27.6.
28.4 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 29 — 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 30 — 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.
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 31 — 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,
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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). Effective January 1, 2024, the lifetime maximum for orthodontic
coverage per dependent child will increase to $2,000. The City shall bear the cost of any
premium increases during the period covered by this MOU.
SECTION 32 — 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 33 — 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 34 — LONG TERM DISABILITY INSURANCE
34.1 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.
34.2 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.
SECTION 35 — 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 36 — DEFERRED COMPENSATION
The City of Petaluma shall make available to employees a Deferred Compensation Plan.
SECTION 37 — 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.
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SECTION 38 — CLASS B PHYSICALS
38.1 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.
38.2 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.
38.3 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.
38.4 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.
38.5 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.
38.6 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.
SECTION 39 — CLASS B and C DRIVER LICENSE
39.1 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.
39.2 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.
39.3 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.
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39.4 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 40 — CATASTROPHIC MEDICAL EMERGENCY LEAVE SHARING PLAN
A Catastrophic Medical Emergency Leave Sharing Plan shall be provided in accordance with
the City's Catastrophic Leave Policy and shall apply to all members of the Unit.
SECTION 41 — FIRE INSPECTOR AND ASSISTANT FIRE MARSHAL
41.1 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 (41).
41.2 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.
41.3 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).
41.4 Fire Inspector and Assistant Fire Marshal — Compensatory Time
Fire Inspectors and Assistant Fire Marshal shall enjoy compensatory time benefits as
outlined above in sections 5.16 through 5.18. Compensatory time off shall be allowed
only with the prior approval of the Fire Marshal, subject to the operational needs of the
City.
41.5 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
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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.
41.6 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.
41.7 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.
41.8 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
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.
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41.9 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.
41.10 Fire Inspector and Assistant Fire Marshal — Sick Leave
Accrual of eight (8) hours per month with unlimited accumulation.
41.11 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 42 — 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 43 — 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 44 — PROMOTIONAL TESTING AND JOB CLASSIFICATIONS
44.1 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.
44.2 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.
44.3 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.
44.4 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.
44.5 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.
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SECTION 45 — PROBATIONARY PERIOD
45.1 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.
45.2 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.
45.3 Length of Probationary Period
The probationary period shall be eighteen (18) months for new hires.
For promotional appointments and lateral hires (i.e., employees who have already
passed probation at another agency in the classification for which they have been
hired), the probationary period shall be twelve (12) months.
45.4 Rejection 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.
45.5 Extension of Probationary Period
The probationary period shall not be extended except under the following
circumstances:
a) 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.
b) At the request of the Fire Chief, an employee's probation may be extended by a
period of no more than six (6) months to allow additional time for review or to
address performance issues.
Extension of probation is at the sole discretion of the City Manager.
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45.6 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.
45.7 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 46 — SAFETY COMMITTEE
The Union shall appoint one member to the Departmental Safety Committee.
SECTION 47 — PERSONNEL FILES
47.1 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.
47.2 Personnel Files —Acknowledge Receipt
The employee may be required to acknowledge the receipt of any document entered into
the employee's personnel file.
47.3 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 48 — DISCIPLINE
48.1 Discipline — Just Cause
Unless otherwise required by law, no non-probationary employee shall be subject to
discipline as defined in Section 48.2 without just cause.
The intent of just cause discipline is to correct negative behaviors, job performance or
misconduct through a range of corrective actions that may be progressively more severe
and for which the level of action taken fits the nature of the problem.
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48.2 Discipline — Discipline Defined
Discipline is defined as dismissal, demotion, suspension, reduction in salary, written
reprimand, or transfer for purposes of punishment.
Corrective counseling, such as (a) Verbal or Written Counseling, (b) Additional Training,
(c) Verbal Warnings, or (d) Company-Level Sanctions as defined in Departmental Policy
1048 are not discipline. Such non-disciplinary actions may be used to notify employees
of conduct or behavior which could serve as a basis for future discipline if not corrected.
48.3 Discipline — Pre-Disciplinary Response ("Skelly) Meeting
A pre-disciplinary response meeting shall be held prior to the imposition of discipline
involving dismissal, demotion, suspension, reduction in salary, or other loss of property
rights. Prior to the response meeting, the employee and Union shall be notified in writing
of the charges; shall be provided with those documents and materials upon which the
proposed discipline is based; and shall be notified of the time and place of the response
meeting. The employee shall have the right to be accompanied and represented by the
Union and or legal counsel.
48.4 Discipline — Procedures
Employees who meet the definition of "firefighter" in Government Code Section 3251(a)
shall be afforded the rights and protections enumerated in the Firefighters Procedural Bill
of Rights section 3250 et seq. ("FOBR"). Employees who meet the definition of "public
safety officer" in Government Code Section 3301 shall be afforded the rights and
protections enumerated in the Public Safety Officers Procedural Bill of Rights Act section
3300 et seq. ("PSOBR").
48.5 Discipline — Appeals
a. All non-probationary employees shall have the following appeal rights, to the
extent that they are not superseded by the FOBR or the PSOBR:
Disciplinary actions involving termination, demotion, reduction in salary, or
suspension without pay.
1) The Employee may appeal the discipline to the City Manager step of
the Grievance Procedure (Sec. 49.4(C)) by filing an appeal within
fourteen (14) calendar days after receiving the final Notice of
Discipline following the pre-disciplinary response meeting.
2) In the event the employee is dissatisfied with the decision of the
City Manager, the Union may appeal the City Manager's decision to
arbitration pursuant to Section 49.4(D) of the Grievance Procedure.
In the event the Union does not appeal the matter to arbitration and
the employee still wishes to pursue an appeal, the employee shall
be provided an administrative appeal to the extent required by law.
b. Written Reprimand.
1) Within thirty (30) days of receipt of the written reprimand, the
employee may prepare a written response and have it attached to
the written reprimand.
2) Employees covered by the FOBR or PSOBR shall be provided
administrative appeals as provided for under those acts.
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SECTION 49— GRIEVANCE PROCEDURE
49.1 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.
49.2 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.
49.3 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.
49.4 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 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
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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.
(C) 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, and the Union is
dissatisfied with the decision of the City Manager, the Union may, within fourteen
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, if 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 the Union. The Union and the City shall bear the
costs of its own presentation, including preparation and post-hearing briefs, if any,
and the costs of its representative. The decision of the Arbitrator shall be final and
binding on all parties.
49.5 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.
(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 50 — LAYOFF PROCEDURE
50.1 Layoff— Notification
Employees to be laid off shall be given, whenever possible, at least fourteen (14) calendar
days prior notice.
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50.2 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 50.5 is
qualified. All persons so demoted shall have their names placed on the re-employment
list.
50.3 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 50.4, 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. The Parties understand that this includes the ability of
employees outside of this bargaining unit (e.g., Unit 10) with prior service in a bargaining
unit classification to displace a member of this bargaining unit.
50.4 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.
50.5 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.
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50.6 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.
50.7 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 51 — COMMUNICATION PROCEDURE
51.1 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.
51.2 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.
51.3 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. 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.
51.4 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.
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51.5 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 52 — 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 53 — 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.
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INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1415, PETALUMA
/s/
Timothy K. Talbot Date
Labor Negotiator, IAFF Local 1415
/s/
Mac (James) Thompson Date
President, IAFF Local 1415
/s/
Jim Gloeckner Date
Vice President, IAFF Local 1415
/s/
Brian Weber Date
Secretary, IAFF Local 1415
/s/
Nick Fitzpatrick Date
Treasurer, IAFF Local 1415
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 38
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CITY OF PETALUMA
/s/
Charles Sakai Date
SSYW Negotiator
/s/
Brian Cochran Date
Assistant City Manager
/s/
Peggy Flynn Date
City Manager
July 1, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 39
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EXHIBIT A
Local 1415 - International Association of Fire Fighters, Unit 7
Salary Ranges Effective the First Full Pay Period Following July 1, 2023
HourlyPa Steps
Classification GSI* Equity Ad'. Total 1 2 3 4 577FIRE CAPTAIN 4.0% 1.5% 5.5% 38.86 40.78 42.76 44.89 47.12
FIRE ENGINEER/PARAMEDIC 4.0% 1.5% 5.5% 34.83 36.53 38.34 40.23 42.21
FIRE ENGINEER 4.0% 1.5% 5.5% 34.02 35.68 37.45 39.28 41.24
FIRE FIGHTER 4.0% 1.5% 5.5% 30.83 32.35 33.92 35.60 37.35
FIRE FIGHTER/PARAMEDIC 4.0% 1.5% 5.5% 34.17 35.84 37.60 39.45 41.38
4.0% 1.5% 5.5%
FIRE INSPECTOR 47.05 49.36 51.83 54.34 57.05
ASSISTANT FIRE MARSHAL 4.0% 1.5% 5.5% 58.15 61.06 64.09 67.31 70.66
*GSI - General Salary Increase
NOTE: Salaries are approximate and may vary slightly due to
rounding
Salary Ranges Effective the First Full Pay Period Following July 1, 2024
Hourly Pay Steps
Classification GSI* 1 2 3 4 5
FIRE CAPTAIN 3.0% 40.03 42.00 44.04 46.24 48.53
FIRE ENGINEER/PARAMEDIC 3.0% 35.87 37.63 39.49 41.44 43.48
FIRE ENGINEER 3.0% 35.04 36.75 38.57 40.46 42.48
FIRE FIGHTER 3.0% 31.75 33.32 34.94 36.67 38.47
FIRE FIGHTER/PARAMEDIC 3.0% 35.20 36.92 38.73 40.63 42.62
FIRE INSPECTOR 3.0% 48.46 50.84 53.38 55.97 58.76
ASSISTANT FIRE MARSHAL 3.0% 59.89 62.89 66.01 69.33 72.78
*GSI - General Salary Increase
NOTE: Salaries are approximate and may vary slightly due to
rounding
July 1, 2023-June 30, 2026 City of Petaluma/ IAFF Unit 7 MOU 40
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Salary Ranges Effective the First Full Pay Period Following July 1, 2025
Hourly Pay Steps
Classification GSI* 1 2 3 4 5
FIRE CAPTAIN 3.0% 41.23 43.26 45.36 47.63 49.99
FIRE ENGINEER/PARAMEDIC 3.0% 36.95 38.76 40.67 42.68 44.78
FIRE ENGINEER 3.0% 36.09 37.85 39.73 41.67 43.75
FIRE FIGHTER 3.0% 32.70 34.32 35.99 37.77 39.62
FIRE FIGHTER/PARAMEDIC 3.0% 36.26 38.03 39.89 41.85 43.90
FIRE INSPECTOR 3.0% 49.91 52.37 54.98 57.65 60.52
ASSISTANT FIRE MARSHAL 3.0% 61.69 64.78 67.99 71.41 74.96
*GSI - General Salary Increase
NOTE: Salaries are approximate and may vary slightly due to
rounding
July 1, 2023-June 30, 2026 City of Petaluma/ IAFF Unit 7 MOU 41
DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 42
DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 43
DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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, 2023—June 30,2026 City of Petaluma/IAFF Unit 7 MOU 44
DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
EXHIBIT D
I85$
AMENDMENT TO SIDELETTER AGREEMENT BETWEEN
THE CITY OF PETALUMA AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), UNIT 7
REGARDING RETIREE MEDICAL TRUST
In October of 2021, the City of Petaluma ("City") and the Petaluma Firefighters, IAFF
Local 1415 ("Association") executed the attached Sideletter agreement establishing the
terms and conditions under which the City and the Association would support employee
participation in the Southern California Firefighters Benefit Trust ("SCFBT") to provide a
post-retirement medical benefit trust for represented employees (Unit 7). (Attachment
A.)
The Parties understand that the SCFBT and the Washington State Council of Fire
Fighters Employee Benefit IAFF Trust have agreed to merge their respective trusts to
create a successor trust identified as the International Association of Fire Fighters
Medical Expense Reimbursement Plan ("IAFF MERP").
The City and Association now desire to amend their Sideletter Agreement regarding the
participation of Unit 7 employees in the post-retirement medical benefit trust to
reference the IAFF MERP.
THEREFORE, the Parties AGREE as follows:
1. All references to the SCFBT in the enclosed Sideletter shall be deemed to refer
to the IAFF MERP.
2. Similarly, all references to the SCFBT Board of Trustees shall be deemed to refer
to the IAFF MERP Board of Trustees.
3. Effective August 1, 2023, the City ceased remitting the contributions provided for
in the Sideletter to the SCFBT and instead began remitting those contributions to
the IAFF MERP. Deductions for the Mandatory Monthly contributions provided
for in Paragraph 6 shall continue to be made from the second paycheck of every
month, unless the City changes its deductions so that they occur every pay
period pursuant to Paragraph 6 of Attachment A.
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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
AMENDMENT TO SIDELETTER AGREEMENT BETWEEN
THE CITY OF PETALUMA AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF), UNIT 7
REGARDING RETIREE MEDICAL TRUST
4. Effective August 1, 2023, the City stopped submitting the monthly electronic
reports provided for in the Sideletter to the SCFBT and shall instead submit those
reports to the IAFF MERP.
Except as expressly provided herein, the terms and conditions set forth in the attached
Sideletter Agreement remain unchanged.
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
EAA,DocuSigned by:
.G tt mrsbw 8/31/2023
RdFF'3F55 !`FFdgd
Mac Thompson, President, IAFF Local 1415 Date
DocuSigned by:
8/31/2023
Jim Gloeckner, Vice President, IAFF Local 1415 Date
DocuSigned by: CITY OF PETALUMA
�,0-1 4 9/12/2023
nz
Peggy Flynn, City Manager Date
DocuSigned by:
C 9/11/2023
Brian Cochran, Assistant City Manager Date
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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
Attachment A
�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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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
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
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DocuSign Envelope ID: F432D8CC-2826-443D-903A-5F6772A09DC4
CITY OF PETALUMA
11/15/2021
�L3099C7E97ll7lAC..
Peggy Flynn, City Manager Date
10/21/2021
Brian Cochran, Assistant City Manager Date
51