R 3702
RESOLUTION NO. 3702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING A SALARY AND
BENEFIT PROGRAM FOR EMPLOYEES REPReSENTED
BY THE ARROYO GRANDE CAREER FIREFIGHTERS,
AND REPEALING THOSE SECTIONS OF RESOLUTION
NO. 3384 ADOPTED ON AUGUST 10, 1999 IMPACTING
SAID EMPLOYEES
WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo
Grande and its employees represented by the ArrQYo Grande Career Firefighters that
compensation be fixed for all full-time non-management employees as herein provided;
and
WHEREAS, the City has established compensaticm and working conditions through the
meet and confer process with the designated employee representatives as depicted in
Exhibit "A", entitled Memorandum of Understanding between the City of Arroyo Grande
and the Arroyo Grande Career Firefighters, a copy of which is attached hereto and
incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the terms of this Resolution as contained in Exhibit "A" attached hereto and
incorporated herein shall become effective July 1, 2003.
BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of
Resolution No. 3384 which established salary and benefits for full-time Fire Department
employees represented by the Service Employees International Union, Local 620.
On motion of Council Member Costello, seconded by Council Member Lubin, and on the
following roll call vote, to wit:
AYES: Council Members Costello, Lubin, Runels, Dickens and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of August, 2003.
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RESOLUTION NO. 3702
PAGE 2
ATTEST:
~M .
, .' i, '~{Ui7JU:.-
KELLY ET ORE" DIRECTOR OF ADMINISTRATIVE SERVICES
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
~ CITY MANAGER I
APPROVED AS TO FORM: .
ATTORNEY
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"
EXHIBIT "A"
. ^
i~,jv.-t CITY OF
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v
- -
2003/2004 - 2006/2007
(Four Year)
MEMORANDUM OF UNDERSTANDI,NG
BETWEEN
ARROYO GRANDE CAREER FIREFIGHTERS
AND
CITY OF ARROYO GRANDE
--
2003/2004 - 2006/2007
MEMORANDUM OF UNDERSTANDING
ARROYO GRANDE CAREER FIREFIGHTERS
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM ............................................................1
ARTICLE 2: RE COGN ITION ................. ................................ ..... ......................... 1 I
t
ARTICLE 3: W AGES/I N CREASES.............. ................... ..... w'. .... ....... .................... 1
ARTICLE 4: APPLICATION OF SALARY STEPS .............................................. 2
ARTICLE 5: ADVANCEMENT IN PAY .............................................................2-3
ARTICLE 6: SPECIALITY PAY .........................................-..................................3
ARTICLE 7: EDUCATIONAL ,PAY .......................................................................4
ARTICLE 8: UNIFORM AND EQUIPMENT ALLOWANCE .............................4-5
ARTICLE 9: HOURS OF WORK AND OVERTIME ..........................................5-6
ARTICLE 10: SH 1FT EXCHANGES ... .......... ... ................ ................................. ......6
ARTICLE 11 : MIN'IM U M 81 AFFING ......... ... ............. ........... .............. ...................6
ARTICLE 12: CALLBACK PAy........ ......... .... ...............~ ..... ......... ................. ........ 7
ARTICLE 13: V ACA 110N LEA VE .........................................~............................ 7-9
ARTICLE 14: HOLIDAY LEAVE .................. ...................'......................................9
ARTICLE 15: SICK LEAVE iI............. ........... ......................................................... 10
ARTICLE 16: BEREAVEMENT LEA VE ..............................................................10
ARTICLE 17: ' FAMILY LEAVE ............................................................................11
ARTICLE 18: MiliTARY LEA VE..........................................................................11
ARTICLE 19: MEDICAL LEAVE ......... ........ ....................................... ................. 12
TABLE OF CONTENTS
(continued)
ARTICLE 20: EMERGENCY LEA VE ..................................................................12
ARTICLE 21: JURY DUTy...,...... .... ........... ........ .................................................. 12
ARTICLE 22: MEDICAL INSURANCE PREMIUMS............................................ 13
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ARTICLE 23: DENTAL INSURANCE ......... ..................'.........................~.............. 14
ARTICLE 24: VISION INSU RANCE ... .............. ............-... ..... ............ ................... 14
ARTICLE 25: LIFE INSURANCE ....... .'........................................... ......... ........ ... 14
ARTICLE 26: DISABiliTY INSURANCE .............................................................14
ARTICLE 27: RETIREMENT ....................................................... ...................14.15
ARTICLE 28: PHYSICAL FITN~SS ....................................................................15
ARTICLE 29: EDUCATION ............. ............. ........................................................ 16
ARTICLE 30: PAYCHECKS ... ............. ..................... ....... .................................... 16
ARTICLE 31: PAYROLL DEDUCTIONS.............................................................16
ARTICLE 32: ANNIVERSARY DA TES ...............................................................17
ARTICLE 33: PROBATIONARY PERIOD ............................ ... ............ ................ 17
ARTICLE 34: PROMOTION ................ ................................................................ 17
ARTICLE 35: POSITION CLASSIFICATION ...................................................... 18
ARTICLE 36: TRANSF ERS ..... .................................... ........................................ 18
ARTICLE 37: TEMPORARY POSITIONS ...........................................................18
ARTICLE 38: RESIGNATION .......... .............................. ......... ............................18
ARTICLE 39: DEMOTION.................................. ....................... .............. .....19
TABLE OF CONTENTS
(continued)
ARTICLE 40: LAYOFFS AND DISPLACEMENTS ........................................19-20
ARTICLE 41: USE OF PRIVATE VEHICLE/MILEAGE RATE ............................20
ARTICLE 42: PE RSON N EL FI LES '........ .......... ........ ........................................... 20
ARTICLE 43: POSITION VACANCIES .... .......... ........................ ... .......................21
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ARTICLE 44: OUTSIDE EMPLOYMENT ................ ............-...-....... ........ ............... 21
ARTICLE 45: MANAGEMENT RIGHTS ................................... ... ..... ..... ..... ....21-22
ARTICLE 46: GRIEVANCE PROCEDU RE ................... .................. ...............22-25
ARTICLE 47: AGC F ACTiViTIES.................... ........... .............. .'.... .......................25
ARTICLE 48: AGCF ACCESS TO WORK LOCATIONS ...............................25-26
ARTICLE 49: AGCF USE OF CITY FACILITIES ................................................26
ARTICLE 50: ACGF MEET AND CONFER REPRESENTATION.......................26
ARTICLE 51: NO STRIKE/NO LOCKOUT .........'.................................................26
ARTICLE 52: NON DISCRIMINATION ........... .......... .............. ..............................27
ARTICLE 53: M.O.U. IMPLEMENTATION ..........................................................27
ARTICLE 54: MAINTENANCE OF BENEFITS AND TERMS AND
CONDITIONS.................................................................. ..27
ARTICLE 55: SA VI N GS C LAU SE. ............................ ............ ...................... ......... 27
2003/2004 - 2006/2007
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF THE
CITY OF ARROYO GRANDE AND THE
ARROYO GRANDE CAREER FIREFIGHTERS
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Understanding shall be from July 1, 2003 through June 30,
2007, and thereafter shall continue from year to year. Either . party may request
modification by March 15, 2007, in which event, meeting ;andconferring shall begin no
later than April 15, 2007.
ARTICLE 2. RECOGNITION
The City recognizes the AGCF as the sole and exclusive bargaining unit for all full-time,
permanent classifications in the Fire unit. Classifications~represented .~re-Fire .Captains
and Fire Engineers.
ARTICLE 3. WAGES /INCREASES
The AGCF represents the following employee classifications:
POSITION JULY 1. 2003 SALARY RANGE
Fire Captain 41
Fire Engineer 34
The City and the Arroyo Grande Career Firefighters agree that all position
classifications represented by the AGCF shall receive salary increases as listed
below:
DATE INCREASE
07/01/03 2.5% COLA (Exhibit A)
01/01/04 2.0% Equity (Exhibit B)
07/01/04 2.5% COLA (Exhibit C)
01/01/05 2.0% Equity (Exhibit D)
07/01/05 3.5% COLA (Exhibit E)
07/01/06 3.5% COLA (Exhibit F)
AGCF MOU
PAGE 2
ARTICLE 4. APPLICATION OF SALARY STEPS
All employees entering the permanent, full-time employ of the City shall be paid at the
first step of the salary range, unless otherwise determined by the Fire Chief and City
Manager, established for his/her position classification. Salary step increases, as
provided herein, are not automatic but are based on performance and merit.
Employees shall be placed on the step designated by the ,City 'Manager for initial full-
time permanent employment and qualify for increase in compensation or advancement r
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to the next higher step of his/her salary range in the following manner:
Fire employees may qualify for advancement to the second or next step, after
completion of 12 months service, upon the recommendation of the Fire Chief and
approval of the City Manager.
Employees may qualify for advancement to the third ornextstep,':after.theicompletion of
one year of service at his/her second step, upon recommendation'ofthe Fire Chief and
approval by the City Manager.
Employees may qualify for advancement to the fourth or next step, after the completion
of one year of service at his/her third step, upon recommendation of the Fire Chief and
approval by the City Manager.
Employees may qualify for advancement to the fifth or next step, after completion of one
year of service in his/her fourth step, upon recommendation of the Fire Chief and
approval by the City Manager.
A performance report on each employee recommended for advancement shall be
submitted to the City Manager by the Fire Chief prior to final action on such
recommendation.
ARTICLE 5. ADVANCEMENT IN PAY
The salary range as set forth for each classification is divided into five (5) steps, which
shall be interpreted and applied as follows:
A. The first step is the minimum rate and normally shall be the hiring rate.
B. The second step is granted to employees who are eligible for this
adjustment after completion of twelve (12) full calendar months of
satisfactory service in a classification and not prior to the completion of a
probationary period. The adjustment shall be made only if granted by_the
Fire Chief and subject to the approval of the City Manager.
AGCF MOU
PAGE 3
ARTICLE 5. ADVANCEMENT IN PAY (continued)
C. The third step shall be granted to an employee who has given satisfactory
service in a given classification for one (1). full additional year from
granting of previous step increase only if granted by,.tt'\e .Fire Chief and
. subject to the approval of the City Manager.
D. The fourth step shall be granted to an employee who has given r
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satisfactory service for one (1) full additional year by the Fire Chief and
subject to the approval of the City Manager.
E. The fifth step shall be granted to an employee who has given satisfactory
service for one (1) full additional year by the Fire Chief and subject to the
approval of the City Manager.
An employee must always continue to maintain an acceptable level.ofpelformance and
shall be evaluated by the Fire Chief annually.
ARTICLE 6. SPECIALTY PAY
A. In addition to the base rate of pay, determined under this MOU, employees
engaged in specialty assignments .shall..receiveSpecialty.Pay as herein
defined. The Specialty Pay is to be included in all computation of overtime or
other benefit~.
B. Hazardous Material Technician shall receive 2.5% additional pay over his/her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
C. Hazardous Material Specialist shall receive 2.5% additional pay over his/her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
Where job classifications require either of the above, Section Band/or C will not apply.
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AGCF MOU
PAGE 4
ARTICLE 7. EDUCATIONAL PAY
A. All unit employees may qualify for advancement of one salary range above
their position classified range upon receipt ofa an Associated Arts Degree or
Associated Science Degree, in a field relative to their job classifICation, from
an accredited junior college, or upon esming a special license or certificate,
deemed to be equivalent to an AA/AS<degree"and,is .related to the
performance of the employee's duties and/or . . assignment, upon f
recommendation of the Fire Chief and approval by the-CityManager. For i
purposes of completion of certificated coursesrelated.to,8Dcemployee's duties
and/or assignment equivalency (including those programs resulting in a
special license or certificate) or an aggregate of the same which equals or
exceeds 720 instructional hours, will be deemed to be. equivalent to an AA
degree.
B. Unit employees who possess licenses'orcertificates.asspecified in.Section A
of this Article, totaling less than 720 hours and ,. more. than ,300 hours of
instruction, shall qualify for an advancement in salary. of$20 per pay period
upon recommendation of the Fire Chief andapprovalby.theCityManager.
C. All unit employees m~y qualify for advancement of two salary' ranges above
their position classified range upon receipt ota BachelorofSciencelBachelor
of Arts Degree in a field relative to their job classification, from an accredited
college, upon recommendation of the Fire Chief and approval of the City
Manager.
D. Exceptions: When position classifications require an Associated Arts,
Bachelor of Science, or Bachelor of Arts Degree, no educational pay shall be
paid to an employee holding such a position. The City of Arroyo Grande
agrees not to require the following degrees: A.A., B.S., B.A. for the current
positions represented by the AGCF, unless agreed upon through the meet
and confer' process.
E. The maximum Educational Pay incentive paid to unit employees shall be
capped at five percent (5%) over the current classification range.
ARTICLE 8. UNIFORM AND EQUIPMENT ALLOWANCE
The City shall provide cash allowances of eight hundred dollars ($800) annually to the
employees required by the Fire Chief to wear a uniform selected by the City. One-half
(%) of such allowance shall be paid in July of each year for the period July through
December of the same calendar year. The City shall pay the remaining half of such
allowance during January for the period January through June of the same calendar
year. The uniform allowance will be paid on the first Friday after the first regular pay
date of the month due.
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AGCF MOU
PAGE 5
ARTICLE 8. UNIFORM AND EQUIPMENT ALLOWANCE (continued)
Such allowances shall be used by the employee to replace, maintain, repair, and clean
all designated uniform garments, hats, caps, shoes,leatherwear, and ornamentation.
Upon the hiring of a Fire Department employee, the City will provide applicable safety
equipment and initial uniforms. and ancillary equipmentrasspecifiedby 'Fire Department
policy. The City will provide replacement safety equipmentas:neces,sary. !
ARTICLE 9. HOURS OF WORK AND OVERTIME
A. WORKDAY
The normal workday shall be a consecutive twenty-four (24 ) hour period. A work
shift is defined as a work period of twenty-four(24:)'~hours;'commencing at 0700
hours and continuing until the next day, ending at 0700 'hours (7 a.m. to the
following 7 a.m.).
Special assignment may require an employee to work a nine/eighty (9/80) work
schedule on a temporary basis. Should an employee be assigned to this
. schedule, all leave benefits (vacation, sick, holidays; etc.)shaIl8cerue at the 40-
hour work week accrual rate and no FLSA is given.
B. WORKWEEK
The normal workweek shall average fifty-six (56) hours of work over the course
of a year, except in cases of emergency.
C. SHIFT SCHEDULE
The regular work schedule shall be nine (9) ~enty-four (24) hour shifts in a
twenty-seven (27) day cycle.
X = 24-hour on-duty period,
o = 24-hour off-duty period
Schedule: XOXOXOOOOXOXOXOOOOXOXOXOOOO
D. The Fire Department shall give no less than fifteen (15) days notice prior to
changing a shift assignment for non-emergency reasons.
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AGCF MOU
PAGE 6 .
ARTICLE 9. HOURS OF WORK AND OVERTIME (continued)
E. Overtime shall be paid at time and one-half of the employee's base salary for
all actual hours worked in excess of two hundred and four (204) hours in a
twenty-seven (27) day cycle and in accordance with the Fair Labor Standards
Act (FLSA). Overtime shall be computed to the nearest one quarter (1/4)
hour. For those assigned to an eight (8) hour day, overtime shall be paid for
hours worked in excess of forty (40) hours per week. r
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F. At the request of any employee eligible for overtime pay, . his/her supervisor
will provide that, in lieu of cash payment for any overtime, he/she may have
the choice of time off with pay at the rate of one and one-half (1 and %) hours
for each hour of overtime worked. The -department will have a procedure for
granting the time off and filling the position in accordance with FLSA. The
limit for accrued compensatory time off is:two'hundred'and<forty-fIve (245)
hours. Compensatory time off in excess of two ,hundred and forty-five (245)
hours shall be paid at the employee's' straight'hourly:wage during the pay
period of December 15th of each . calendar year. Upon separation from
employment, an employee is entitled to receive cash. compensation for any
unused compensatory time.
ARTICLE 10. SHIFT EXCHANGES
An employee may exchange 'all or any portion of a work shift in a manner consistent
with the FLSA and Department policy, provided the replacement is a qualified
employee. The City is not responsible for shift exchange arrangements made between
employees and is not responsible for any record keeping. Outstanding shift exchange
paybacks are the responsibility of the individuals involved. According to the FLSA, shift
exchanges are not considered "hours worked' and, therefore, do not have to be paid
back in the twenty-seven day cycle. An employee who owes exchange time to another
employee shall work for the other employee, and cannot pay it back in vacation time or
other paid leave time.
ARTICLE 11. MINIMUM STAFFING
Twenty-four (24) hour minimum staffing each day shall consist of one (1) Full..Time Fire
Department Captain and one (1) Full-Time Fire Department Engineer. In the absence
of one (1) or both positions, the position(s) shall be filled first through a "qualified"
volunteer. If it is within an hour of shift start, then two (2) pages will be put out to
volullteers. If the position cannot be filled after two (2) pages with a qualified volunteer,
then the position(s) shall be filled on an overtime basis from full-time Fire Department
employees. In cases of emergency, a Chief Officer may also elect to add additional
staffing, as he/she may deem necessary to mitigate life-threatening situations.
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AGCF MOU
PAGE 7
ARTICLE 12. CALLBACK PAY
Callback is defined as, "the circumstances that requires an-employee to unexpectedly
return to work after the employee has left work at the end of the employee's work day or
work week." An employee called back to work will receive a ,minimum two (2) hours
overtime pay. An employee called back for overtime pay shall" not be required. to fulfill /
the hourly obligation to receive callback pay. An employee:calledin'earlyJostarthis/her !
work shift without prior reasonable notice will receive:a'minimum.two/(2)hoursovertime
pay. Reasonable notice shall be defined as, "the number of hours jn the employee's
standard shift." If an off duty full-time City Fire Department employee is requested to
respond to an emergency by a Chief Officer, Captain or "Qualified OIC" via radio
(second page requested), telephone, pager, or in person, overtime 'pay shall commence
from the time the employee signs in at the Fire station. Overtime pay shall end when
released by a Chief Officer, Captain or "Qualified OIC".
ARTICLE 13. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee
to annually return to his/her work ~entallyand physicaHyrefreshed.
B. Each eligible employee shall be required to,have served the, equivalent of
one (1) year of continuous service with the City in order to be eligible for
his/her full annual vacation leave. However, in the event an employee so
chooses, he/she may, after six (6) continuous months of service, take
vacation leave not to exceed fifty-six (56) working hours with his/her
Supervisor's approval.
C. Employees who terminate employment shall be paid at termination; and
upon return of all City-owned property, if any, a lump sum for all accrued
vacation leave earned prior to the date of termination.
AGCF MOU
PAGE 8
ARTICLE 13. VACATION LEAVE (continued)
D. Vacation leave with pay shall be earned in accordance with the following
schedule: '
AFTER: YEARS - HOURS'PER'MOtlTH
-
01 9.34
02 11.20 ,
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03 12.14
04 13.08
05 14.00
06 .14.00
07 14.94
08 14.94
09 15.88
10 15.88
11 16.80
12 16.80
13 17.74
-14 17.74
15 18.68
E. If for any reason an employee becomes ill during a vacation, the affected
employee shall be entitled to utilize such available sick leave in lieu of
vacation leave.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled
at the discretion and convenience of each individual employee, with the
consent of the Supervisor, within the limitation necessitated by legitimate
operational needs of the City.
G. In the event the scheduling preferences of two (2) or more employees
conflict, the preferences of the more senior employee from date of hire
, shall govern barring any unusual circumstances.
H. An employee must use a minimum of 50% vacation leave earned
each calendar year during that same calendar year. The balance of the
vacation leave remaining unused during that same calendar year may be
accrued. Exception is made to this paragraph for all new employees
commencing City employment after December 31st of each year so that
there is no requirement upon a new employee to use a minimum of 50%
of vacation leave earned by the first December 31st after employment
commences.
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AGCF MOU
PAGE 9
ARTICLE 13. VACATION LEAVE (continued)
I. Employees may accrue vacation leave up to a maximum of 315 hours. In
the event of an employee's accrued vacation leave exceeds the maximum
allowable on January 1, the employee shall be paid at his/her January 1
hourly wage rate for those hours accrued in excess of the maximum
allowable. Upon request of an employee,an.exception:totheaccruallimit t
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may be made upon recommendation by-the.DepartmentDirector and
approval by the City Manager.
ARTICLE 14. . HOLIDAY LEAVE
A. The following. holidays are the designated holidays for full-time Fire
Department employees. In lieu of thedesignated~holidays,.employees will
be provided 6.07 hours of straight-time pay semi-monthly.
1. Independence Day
2. Labor Day
3. Veteran's Day
4. Thanksgiving
5. Day following Thanksgiving
6. Christmas Eve, half day
7. Christmas
8. New Year's Eve, half day
9. New Year's Day
10. Martin Luther King Day
11. Lincoln's Birthday
12. President's Day
13. Memorial Day
14. One day per fiscal year of the employee's choice with Supervisor
approval (Floating Holiday).
B. Special Holidays:
Every day designated by the President, Governor, or Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war shall be a City-paid holiday.
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AGCF MOU
PAGE 10
ARTICLE 15. SICK LEAVE
A. All full-time, permanent employees shall accrue 11.2 ,hours of sick leave
with pay for each month of service~ The maximum accumulation of
earned sick leave shall be 1,680 hours. An employee will not accumulate
any additional sick leave until such time' as -hislheraccumulated balance
falls below 1,680 hours. Upon retirement,an~employeemay,choose to be
paid 50% of his/her unused sick leave, to a maximum of 480 hours at f
his/her current rate of pay. Upon retirement,unused;sceumulated sick (
leave may be converted to PERS retirement'credit)per'the.City's contract
with PERS. At the end of each calendar year, each employee has the
option of being paid straight time for 25% of his/her unused sick leave of
that year, transferring it to vacation, or leaving it in sick leave.
B. Employees may transfer sick leave on,a>voluntary'bssis to ..a fellow
employee who has exhausted all hislhersick leave'and- vacation leave
due to an extended illness or injury. The.transfer shall,'be.based on each
employee's hourly rate of pay and shall not. exceed twenty-four (24) hours
of sick leave based on the hourly rate 'of pay of the receiving employee.
The transfer shall be requested on a form provided by. the City, be
completed by both. employees who mutually request'-suchtransfer, and
submitted for approval to their Department Directorssncfthe City,'Manager
for final approval. The receiving employee shall not be obligated to repay
any transferred leave to the contributing employee, and contributing
employee understands that such transfer shall be deemed as if used and
will be subject to all other provisions applicable.
ARTICLE 16. BEREAVEMENT LEAVE
Unit employees shall be granted leave by their Department Director whenever
the affected employee has experienced a death in the immediate family, defined
as the spouse, the employee's or employee's spouse's father, mother, brother or
sister, child or stepchild, grandparents, grandchildren, son-in-law, daughter-in-
law, "step" relatives as described above, aunt, or uncle, or any other person
residing in the same household where attendance to the funeral is necessary.
Such absence by the employee shall be limited to three (3) working shifts per
occurrence of paid leave as approved by Fire management. Such leave is not
chargeable against sick or vacation leave. As a condition of granting leave for
bereavement purposes, the employee must submit an approved declaration or
other evidence such as a death certificate or obituary, acceptable to Fire
management justifying such absence.
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AGCF MOU
PAGE 11
ARTICLE 17. FAMILY LEAVE
Pursuant to the State and Federal Leave Acts, the following is provided for all
employees who have been employed a minimum of twelve (12) months and have
worked at least 1,250 hours during the 12-month period preceding leave:
1. Up to twelve (12) weeks (60 workdays) unpaid leave in a twelve (12)
month period. Intermittent leave is allowed. [
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2. Leave may be taken for: 1) birth ofand,'carerof,newbom_ child; 2)
placement of child with employee for adoption or foster care; 3) to care for
spouse, child, or parent having serious health condition; 4) employee's
own serious health condition.
3. The . employee's insurance including -1medjcal,,;:dental,wision, . and life
insurance will be maintained under the same'conditionslss'ifthe'employee
were still working.
4. Request for leave must be made 30. days prior to ,leave,.ifJoreseeable.
5. Employee may use accrued vacation, holiday,' :or::personaLleave during
family leave. Sick leave may be used for ,employee ;andlor,immediate
family illness or disability.
6. Upon return to work, employee will be restored to same or equivalent
position with equivalent benefits.
All other provisions of the State FCLA and Federal FMLA apply.
ARTICLE 18. MILITARY LEAVE
Employees taking military leave with the National Guard or Reserves shall be entitled to
full City pay and benefits as required by State statute.
All military leave in excess of thirty (30) calendar days per year, if granted by the City,
shall be without City payor City-paid benefits and shall be for a period not to exceed
forty-eight (48) working days per calendar year. The employer may retain hislher City
benefits, such as medical insurance, by paying all premiums. Th~ City may elect to
replace the employee in his/her position in the. event employee takes more than forty-
eight (48) working days per calendar year.
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AGCF MOU
PAGE 12
ARTICLE 19. MEDICAL LEAVE
Medical leave without pay may be granted for the purpose of recovery from prolonged
illness or injury or to restore health, or for pregnancy upon'employee'swritten request to
and approved by the Department Director and City Manager" ~ubject to submission of
medical evidence satisfactory as establishing the employee's medical; need. During the
approved leave period, the City will not pay employee'benefrts;however;the ;employee
may elect to maintain City medical insurance coverage for employee1and';dependents at (
employee's sole cost if such coverage of all individuals is in effect sixty .(60) days prior !
to leave application to the City Manager.
ARTICLE 20. EMERGENCY LEAVE
Emergency leave without pay may be granted to any permanent employee who, upon
written request to and approved by the Department;Director;'1Jnd,:,GJty>Manager,
demonstrates that the leave is necessary for personal;reasons~beyond'hislheroontrol or
will serve to improve his/her ability as an employee of the City.",;Emergency leaves may
be granted up to a maximum of one (1) year. Upon ,expiration of an approved
emergency leave, the employee shall be reinstated in the ;position held atthe time leave
was, granted. The leave period shall not be credited .,to:employee ,seniority or credited
toward time served with the City. Failure on the partof!th'e"emploYe9"onteaV8:10"report
promptly at the leave's expiration shall be' cause for discharge:- During',thefleaveperiod
the City will not pay employee benefits; however, the employee may elect to maintain
City medical insurance coverage for employee and dependents at employee's sole
expense if such coverage of all individuals is in effect sixty (60) days prior to leave
application to the City Manager.
ARTICLE 21. JURY DUTY
Employees shall be granted leave, with full pay and no loss in benefrts, when called for
jury duty, if the employee remits jury fees received for such jury duty. The employee
may retain all travel payor subsistence pay granted by the court because of the
employee's participation in jury duty. The employee shall be responsible for notifying
his/her supervisor' as soon as possible upon receiving notice to appear for jury duty,
make every reasonable effort to keep his/her supervisor advised as to the anticipated
length of service, and return to work immediately following the end of jury duty service.
-~_.__.- _..______m_____
AGCF MOU
PAGE 13
ARTICLE 22. MEDICAL INSURANCE PREMIUMS
A. The base medical plan shall be defined as the Health Maintenance
Organization (HMO) program available to the City. If availability of an HMO to
the City is discontinued by the medical plan provider, the base plan will
become the basic PPO plan available to the' City by the existing medical plan
provider.
!
B. For the period of July 1, 2003 through December 31 , 2003, the City shall pay ,
the monthly premium to a maximum of $267;25 withrespect.toan.employee
enrolled for self alone, $534.50 for an employee enrolled for self and one
. family member, and $694.86 for an employee enrolled for self and two or
more family members.
C. For the period of January 1, 2004 throughH)ecembet.i3;1,;2004,:;theGity shall
pay the amount in effect on December 31 ,,:2003}:plus"V5% of any increase to
the premium for the base plan available to the City.
D. For the period of January 1, 2005 through December31,2005,the City shall
pay the amount in effect on December 31, 2004,' plus 75% of any-increase to
the premium for the base plan available to the City.
E. For the period of January 1, 2006 through December 31, 2006, the City shall
pay the amount in effect on December 31, 2005, plus 75% of any increase to
the premium for the base plan available to the City.
F. For the period of January 1, 2007 through June 30, 2007, the City shall pay
the amount in effect on December 31, 2006, plus 75% of any increase to the
premium for the base plan available to the City.
G. In no event shall the amount of the City's contribution to medical care
premiums exceed 100% of the cost of providing the insurance coverage.
H. Upon providing the City written proof that medical. insurance coverage is in
force through coverage provided by another source, an employee may opt out
of the City's medical insurance plan and receive payment at the employee
only level consistent with any rules or restrictions on the City by the medical
plan provider.
I. Medical insurance is available for retirees through the City at the retiree's own
expense until the retiree is eligible for Medicare.
J. The City will maintain health benefits through CalPERS for calendar year
2003.
--_.-- --------,-
AGCF MOU
PAGE 14
ARTICLE 23. DENTAL INSURANCE
The City shall provide for all employees in 'classifications'represented in this
Memorandum of Understanding a dental plan of the City's choice. The City shall
pay up to the full family premium. The City may select an alternate dental
insurance plan provider during the term of this 'M.O.U. providing that:
1. Any new plan maintains equivalent':benefits.to:theemployees; and I
i
2. At least twenty-one (21) days advanced notice of plan changes are
provided to the AGCF.
ARTICLE 24. VISION INSURANCE
The City shall provide a Vision Care Plan for bargaining unit members. The City
shall contribute the full family premium. . The'Gity(may':setect;a~altemate vision
care provider during the term of the M.O.U. providing that:
1. Any new plan maintains equivalentbenefitsto'the'8tT1ployees; and
2. At least twenty-one (21 ) days advanced'notice(of~plan'changes are
provided to the AGCF.
ARTICLE 25. LIFE INSURANCE
The City shall provide group term life insurance benefit plan for bargaining unit
members, which shall provide for forty thousand dollars ($40,000) life coverage
for employees only during the term of their employment. Full cost for said policy
will be paid for by the City.
ARTICLE 26. DISABILITY INSURANCE
The City shall provide and p~y the premiums for State Disability Insurance,
integrated with sick leave. Effective January 1, 2004, the City will pay the
premiums for the new Family Temporary Disability Insurance. Should there be
any future rate increases to State Disability Insurance and/or Family Temporary
Disability Insurance plans after January 1, 2004, the City and AGCF agree to
meet and confer to discuss responsibility for payment of such increases.
ARTICLE 27. RETIREMENT
27.1 PERS Retirement Contributions
A. G.C. Section 21362. The PERS 2% at. Age 50 Retirement Plan is
provided for unit personnel, with the City paying back to each employee
an amount equal to the 9% deduction from the employee's paycheck for
PERS retirement. The PERS 3% at Age 55 Plan will go effective on July
1, 2006.
___n____.. ___...___ ------~.- J
AGCF MOU
PAGE 15
ARTICLE27. RETIREMENT (continued)
27.1 PERS Retirement Contributions (continued)
B. G.C. Section 20636 (c)(4) pursuant to Section 20691. Beginning in FY
2002-2003 the City agrees' that the>employee ,portion of the PERS
contribution, made by the City, shall be report~dto,PERS as income. The
City will be responsible for the increasedPERS',ocontribution as a result of I
the reporting change. I
C. G.C. Section 21024 and 21027. Employees may buy back, at their
expense, retirement service credit for prior military service as permitted by
PERS.
D. GC Section 20042. Single highest ye'ar~cGmpensat;on;',wnkgo,;'effective
July 1, 2004.
E. GC Section 20965. Employees will receive,creditforunusedsick leave.
27.2 Retirement Defined
Retirement is defined as the termination of ,employment aLan age :when the
employee would qualify for an allowance under the Public Employees Retirement
System (PERS) and the City's Personnel Regulations.
27.3 Retiree Medical
A. Employees who retire from City service will be allowed to purchase
medical insurance coverage through the City.
B. The City has elected to participate in the PERS Health Benefit Program
with the unequal contribution option. The City's contribution towards
retirees started at $1.00 per year in 2000. The contribution shall increase
5% per year of the City's contribution for active employees untit such time
that the contributions for retirees and active employees are equal,
providing that the City is participating in the CalPERS Health Plan.
ARTICLE 28. PHYSICAL FITNESS
Employees shall be allotted up to one and one half (1~) hours per twenty-four hour shift
(including shower/cleanup time) for physical fitness workouts. The time for the workout
shall be designated by the Fire Chief or his/her designee. If mission requirements do
not allow for the completion of the physical fitness workouts, no makeup time is required
for that day missed.
....~
AGCF MOU
PAGE 16
ARTICLE 29. EDUCATION
A. Definition
For training or certification which is required by- job specifications, legal
mandates, and/or which is required by 'the City, the City will provide for
such training and/or certification, includingpaidCity;time 'to -attend the
training and to pay for costs associated'with'>the ,'training, provided that. !
funds for such training are included in thecurrentCity:budget. !
1. This section does not apply to training courses and/or
certifications required for advancement/promotion to a new
position.
B. For training or certification which is enoouraged\by;the;.Citydn..support of
identified programs, the City will provide: "for tsuch;:training and/or
certification, including providing City time to attend the training and to pay
for costs associated with attending the training, provided that the <program
for which the training and/or certification-is related 'remainsin operation
and that funds for such training are included in the current City ,Budget.
ARTICLE 30. PAYCHECKS
The City will pay regular checks on a biweekly basis. The paychecks will be provided to
the Fire Department for distribution to employees by 3:00 p.m. the day prior to the
designated payday unless technical difficulties occur which are beyond the control of
the City. In any event, paychecks will be provided no later than 5:00 p.m. on the City's
designated payday. However, no check may be deposited into a financial institution to
be recorded by the issuing bank prior to the date of the designated payday. If an error
occurs in the amount of the paycheck over two hundred and fifty dollars ($250.00), upon
request by the employee, a corrected check shall be issued to the employee within
three (3) business days.
ARTICLE 31. PAYROLL DEDUCTIONS
Requests for changes in and cancellation of Group dues shall be promptly processed by
the Group and put into effect by the City at the employee's request. Deductions for
dues shall be made twice monthly by the City. Requests for deductions shall be made
on City-approved authorization cards.
The AGCF agrees to indemnify and hold the City harmless from any liabilities that may
arise as ,a result of the application of this article.
---.---.---- I
AGCF MOU
PAGE 17
ARTICLE 32. ANNIVERSARY DATES
All current employee anniversary dates shall be as contained in the current City records.
All employees hired after July 1, 1986 shall have an anniversary date the same as date
of hire.
ARTICLE 33. PROBATIONARY PERIOD
. r
All appointments shall be tentative and subject to a probationary';periodoftwelve (12) \
months. The Fire Chief, with the consent of the ,City 'Manager; may ,extend the
probationary period for specifiedcause(s) that shall' be provided in writing to an
employee. All probationary employees who are being placed on an extended
probationary period shall be given written notice of the extension prior to the expiration
of their probationary period. In the event no such notice is given, the employee shall be
considered to have successfully completed his/her prGbationar:y:period.,;An;>employee
who is in a position that is reclassified shall not be required?fto,complete"an~.8dditional
probationary period. The probationary period shall 'be regarded as a part of a
continuing testing process and shall be utilized for closely observing 'the-employee's
work, for securing the most effective adjustment of':a':new, employee to his or her
position, and' for ,rejecting any probationary employee whose "per;fonnance does not
meet the required standards of work. The Fire Chief, with:the'cansent '-of- the City
Manager, may release the probationary employee fromCityiemployment:.withoutcause
at any time during the probationary period.
ARTICLE 34. PROMOTION
Transfer of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed on the salary step of the new range which would
result in at least a five percent (5%) increase in salary compared to the employee's
existing salary. Promotion of an employee may be made by the Fire Chief, with the
consent of the City Manager, without testing or opening the position for consideration of
all non-employees. All current employees shall be given consideration over all non-
employees. All current employees shall be given consideration for a position opening
that will be filled by promotion. Employees may only apply for promotion if they meet
the minimum requirements for the position to which they wish to be promoted, on the'
date the announcement closes. In the event the promoted party is removed during the
probationary period from the position to which promoted, the employee shall not be
considered demoted but shall be returned to the range from which promoted. No
changes in step shall occur as a result of an employee passing the promoted position
probationary period. A promoted employee shall retain his or her anniversary date held
prior to promotion.
-_.._....~-,,- '-
AGCF MOU
PAGE 18
ARTICLE 35. POSITION CLASSIFICATION
Classification Changes: During the course of this M.O.U.,.the CityshaJl notify the
employee concerned in case of contemplated change:injobcontentas'contained in the
. classification descriptions that were in effect at the beginning .oftheagreement.
Working Out of Classification: The term ''workingoutof classification" is defined as a
Management-authorized, full-time assignment to abudgetedi~position'on..ai:temporary ~
basis, wherein an individual holding a .classification withina';lower.compeflsation range r
performs all significant duties. Pay for working out ofclassification~shalkbeas'foHows: .
A. Employees appointed to unfilled' positions on an "out of classification"
basis will receive acting pay within the range of the. higher classification
beginning the first day of the assignment
B. Employees appointed to a position for vacation;(sick'leave,~or,.other leave
of absence coverage will receive acting'paywithintherange'of:thehigher
classification after three (3) consecutive workdays (72 hours) of
assignment in the acting position.
Such acting pay shall be a minimum -of five . percent (5%) over the
employee's current salary.
"Out of' classification" provisions do not apply to work. assignments performed in
connection with specific predetermined apprenticeship or training programs or declared
conditions of emergency and/or disaster.
ARTICLE 36. TRANSFERS
Transfer of an employee toa position within the employee's current range shall not
affect the employee's salary range. Transfer of an employee to a position within a
higher range shall be considered a promotion. Transfer of an employee to a lower
range shall be considered a demotion.
ARTICLE 37. TEMPORARY POSITIONS
The Fire Chief may temporarily promote an employee only after entering into a written
agreement of the terms of such temporary promotion with the employee..
ARTICLE 38. RESIGNATION
An employee wishing to leave his/her employment with the City in good standing shall
file with his/her supervisor a written resignation stating the effective date of hislher
resignation and the reason for leaving. The resigning individual shaU file such written
resignation at least two (2) weeks in advance of the effective termination date and
participate in an exit interview conducted by the City prior to issuance of the final
paycheck.
AGCF MOU
PAGE 19
ARTICLE 39. DEMOTION
Transfer of an employee to a lower class shall result in reductionof,satary. The
employee's salary shall be placed in the identical step - in . the lower class that the
employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, which shall be provided'tothe:employee in writing by
the Fire Chief prior to any action taking -place. Demotionrfor disciplinary:reasons may !
be appealed through the grievance procedure by thedemoted~employee.; Demotion for {
other reasons is not -appealable.
ARTICLE 40. LAYOFFS AND DISPLACEM~NT
Lavoffs:
Whenever, in the judgment of the City, it becomesnecessary'to;make-:a:reduction in
force, whenever possible, said reduction shall be accomplished through attrition.
Layoffs shall be made by classification and may be, department-wide" or by division,
program, or function.
Workers subject to a reduction in force shall be given 'at-leastJorty..five' (45) working
days' notice prior to the effective date of the layoff. The:.notice:'shall,contain the
information required in Section X. "Layoff Procedure" of the Personnel Regulations.
The AGCF shall receive concurrent notice and shall be granted an opportunity to meet
and consult with the City to discuss proposed alternatives to a reduction in force.
Permanent full-time employees and permanent part-time employees shall be
considered separately when the order of layoff reaches C. and D. below. Nothing
herein is intended to require ,a preference for or against either full-time or part-time
permanent employees in the order of layoff.
When one or more workers performing in the same class in ~ City department is to face
a reduction in force, that worker's most recent annual evaluation and seniority shall be
used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B. Probationary employees in inverse order of seniority;
C. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
_N_.___
AGCF MOU
PAGE 20
ARTICLE 40. LAYOFFS AND DISPLACEMENT (continued)
"Seniority" for the purposes of this Article shall be defined as the length of service as a
permanent full-time employee with the City. When determiningseniority.forpermanent
full-time positions within a classification subject to,layoff,onlypermanentfull-time
service shall be considered.
Displacement:
Permanent full-time employees subject to layoff shall have the ~rightto displace an
employee in the same classification in any Departmentof:theCity.onm;a-different class
within the City with the same or lower salary range provided, however, that:
1. The employee subject to layoff has greater seniority than the employee
being displaced and was rated at a minimum of competent/satisfactory in
his/her latest evaluation.
2. If the displacement is to a different class, it must-be a class in the same ~
occupational series as determined by the City with the concurrence of
AGCF or, to a class previously held by the employee'.as a' permanent full-
time employee of the City.
If a position in the laid-off employee's classification, or' a .similar position in a
classification for which the City determines the forrner'employee'is:suited, becomes
available within twenty-four (24) months of layoff, said former employee shall be
recalled and offered the position in the inverse order of layoff. If a job in a lower paid
classification becomes available within twenty-four (24) months, the City shall review
the previously laid-off employees' qualifications. If such laid-off former employees are
qualified in the judgment of the City, he/she may fill the slot(s) until hislher former
position becomes available, if ever.
ARTICLE 41. USE OF PRIVATE VEHICLE I MILEAGE RATE
No worker shall be required as a condition of obtaining or continuing City employment,
to possess or provide a private vehicle for use in connection with hlslher City
employment. . The 'City shall reimburse employees at the rate established by the City
Council for use of personal vehicles when such employees agree to such use upon
stated request of the City. Transportation to and from work shall not be reimbursed.
ARTICLE 42. PERSONNEL FILES
An employee or his/her designee may inspect his/her personnel file and obtain copies of
any and all items in that file at employee expense. A copy of all materials placed in an
employee's personnel file shall be provided to the employee upon the employee's
request. . The' employee may have placed in his/her personnel file any signed and dated
statement of clarification or disagreement to any item or article contained wi~hin hislher
personnel file.
------------- -----_.._----_.~
AGCF MOU
PAGE 21
ARTICLE 43. POSITION VACANCIES
Should the City determine that a vacancy would not be filted; :suctr;determination shall
be made within one hundred and twenty (120) working days of the date upon which the
worker, vacated the position. ,Upon said, determination 'the City 'win notify'the workers in
the affected department.
ARTICLE 44. OUTSIDE EMPLOYMENT ~
(
No full-time employee shall engage in outside employment':or~anfenterprise<thathislher
Department Director and/or the City Manager may find' unsuitable, and in, conflict with
their municipal duties, or responsibilities or that lessens their effectiveness as a City
employee.
ARTICLE 45. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority 'under 'State iaw and City
ordinances and expressly and exclusiv~ly retains its management rights, which include
but are not limited to:
.. the exclusive rightto determine the mission of its constituent departments,
commissions, boards;
.. set standards and levels of services;
.. determine the procedures and standards of selection for employment and
promotions;
.. direct its employees;
.. determine the methods and means to relieve its employees from duty
because of lack of work or other lawful reasons;
.. maintain the efficiency of governmental operations;
.. determine the methods, means, and numbers and kinds of persons by
which government operations are to be conducted;
.. determine methods of financing;
.. determine style and/or types of City-issued equipment to be used;
.. determine and/or change the facilities, methods, technology, means,
organizational structure and composition of the work force, a':'ld allocate
and assign work by which the City operations are to be conducted;
AGCF MOU
PAGE 22
ARTICLE45. MANAGEMENT RIGHTS (continued)
.. determine and/or change the number of locations, relocations, and types
. of operations, processes, and materials to be used in carrying out aU City
functions, including, but not limited to, . the . right to contract for or
subcontract any work, labor, services, oroperations'oUheCity;
.. assign work to and schedule employees' in accordance with requirements r
t
as determined by the City and to establishand~change work schedules
and assignments upon reasonable notice;
.. establish and modify productivity and performance programs and
standards;
.. discharge, suspend, demote, reprimand;';withhold,'satarYiincreases and
benefits, or otherwise discipline employees in, accordance. with "applicable
law.
The AGCF recognizes that the City has, and will continue to retain,whetherexercised or
not, the unilateral and exclusive right to operate, administer,>and, manage its municipal
services and work force performing those servicesin".aIL>respects~..subject to this
Memorandum of Understanding; provided, however,..thatthe,exerciseof.such rights
does not preclude employees or their representatives from conferring or raising
grievance about the practical consequences that decisions on these matters may have
on wages, hours, and other terms and conditions of employment. Nothing in this
Management Rights clause modifies the scope of representation defined on the
Meyers-Milias-Brown Act.
ARTICLE 46. GRIEVANCE PROCEDURE
Purpose:
A. This grievance procedure shall be' the exclusive process to resolve
grievances as the term is defined herein below:
B. The purposes of this procedure are:
1. To resolve grievances informally at the lowest level; and
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
--.--....... - - ~_._._-----_.._--
.
AGCF MOU
PAGE 23
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
Definitions:
A. Grievance means "a complaint by an employee concerning the
interpretation or application of the provisions of'this-M.O.U. or of rules or
regulations governing personnel practices.:or>:conditions,. ..which. complaint
has not been resolved satisfactorily in' an informal 'manner between the
employee and his/her immediate supervisor."
B. As used in this procedure, the term "immediate supervisor" means the
individual so designated by the Fire Chief who assigns, reviews, and
directs the work of an employee at the first level.
Time Limits:
Each party involved in a grievance shall act quickly so that...the. grievance may be
resolved promptly. Every effort should be made to completeactionwithin.thetime limits
contained in the grievance procedure; however, with) the written consent of all parties,
the tim~ limitation for any step may be. extended.
STEP 1
The grievance initially shall be personally discussed between the employee and
his/her immediate supervisor. Within ten (10) days, the immediate supervisor
shall give his/her decision or response.
. STEP 2
A. If the grievance is not informally resolved to the satisfaction of the grievant
in Step 1, a formal grievance may be initiated. A formal grievance must
be initiated no later than:
1. Thirty (30) days after the event of circumstanC?es occasioning the
grievance; or
2. Within ten (10) calendar days of the Step 1 decision rendered in the
informal grievance procedure, whichever is later.
B. However. if the Step 1 informal grievance procedure is not initiated within
the period specified in subsection (1) above, the period in which to bring
the grievance shall not be extended by subsection (2) above.
AGCF MOU
PAGE 24
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
C. A Step 2 grievance shall be initiated in writing on a form' prescribed by the
City and shall be filed with the person designated by the; Fire<Chief as the
first level of appeal. The employee may be ...'represented by a
representative of his/her choice.
D. The grievant shall cite the specific provision(s) -of-the then currently f
(
effective Memorandum of Understanding, < ordinance,fresolutionl'or written
rule claimed to have been violated, set..fortb~the>facts..:that:purportedly
constitute such violation, and the specific remedy sought.
E Within ten (10) days after the initiation of the. Step 2 grievance, the first
level of appeal person shall investigate the grievance and give his/her
decision in writing to the grievant.
STEP 3
A. If the grievant is not satisfied with the decision'rendered,.pursuantto Step
2, he/she may appeal the deciSion within" ten (1 0) days;tothe Fire Chief or
his/her designated representative. The'employee,may-'be'represented by
a representative of his/her choice.
B. The Fire Chief or his designated representative shall respond in writing
within ten (10) days to the grievant. If the Fire Chief or his/her designated
representative determines it is desirable, he/she shall hold a conference(s)
or otherwise investigate the matter.
STEP 4
A. If the grievant is not satisfied with the decision rendered pursuant to Step
3, he/she may appeal the decision within ten (10) days to the City
Manager. The employee may be represented by a representative of
his/her choice.
B. The City Manager shall respond in writing within ten (10) working days to
the grievant. If the City Manager determines it is desirable, he/she shall
hold a conference(s) or otherwise investigate the matter.
STEP 5
A. If the grievant is not satisfied with the decision rendered pursuant to Step
4, he/she may, within ten (10) days, invoke the right to have the grievance
resolved through mediation utilizing the California State Mediation and
Conciliation Service.
AGCF MOU
PAGE 25
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
B. The AGCF representatives and the City Manager, .or his/her
representative, shall meet to select a qualified,.impartialmecfiatorfrom the
list of five potential hearing officers provided. by;the <State. MecIation and
Conciliation Service. Each party shall alternately'strikeone:name from the
list until one name remains.
C. The mediation shall be convened as soonasis.-possibleafterlte notice; r
!
and the decision of the mediator shall be . final and.. '.binding on all
concerned parties.
D. Expenses shall be borne by the party incurring the expense.
ARTICLE 47. AGCF ACTIVITIES
A. The AGCF shall provide the Fire Chief'and'City',Manager'witha list of all
authorized AGCF representatives and the"list'shatl;:be:{kept..'Current.
B. An employee and/or his/her AGCF representative may, when and to the
extent necessary, take official City timewithoutloss~of ,compensation in
order to participate in the inveStigation and processing ofa grievance, as
provided for in this MOU, upon notification and !approvalof.,the'lmmediate
supervisor or his/her designee.
C. The Fire Chief and City Manager will approve one employee and/or AGCF
. representative to take official City time to investigate and process a
grievance, when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or safety requirements of the
City. It is understood that the employee and/or ~GCF representative shall
make every reasonable effort to perform any of the above activities oJ:1 off-
duty time.
ARTICLE 48. AGCF ACCESS TO WORK LOCATIONS
A. The City agrees that the authorized AGCF representative shall be granted
access to work location(s) to participate in investigation and processing of
grievances per the grievance procedure of the MOU or to observe working
conditions, upon approval of the Fire Chief and City Manager, when to the
extent necessary.
B. The AGCF shall provide the Fire Chief and City Manager with a list of all
authorized AGCF representatives, and the group shall keep the list
cu rrent.
----- -----...-------
AGCF MOU
PAGE 26
ARTICLE 48. AGCF ACCESS TO WORK LOCATIONS (continued)
C. Upon notification and approval of the City;Manager.or, h islher designee, an
authorized AGCF staff member is permitted' to communicate with the
employee( s) and/or AGCFrepresentativeson.official-City time without
said employee(s) and/or AGCFrepresentatives'-lossrof~pensation. It
is not the intent of this section to allow ,general Association meetings on
City time but, rather, to allow investigation <and ; discussion of working r
conditions, grievances, and safety issues. {
D. It is understood that every reasonable effort shall be made to perform the
above activities on off-d~ty time.
ARTICLE 49. AGCF USE OF CITY FACILITIES
A. The AGCF may, with prior approval of.:the',CityiManager.ibegranted the
use of City facilities for meetings of Groupmembers.>provided space is
available. No use fee will be charges. _
B. The City agrees to furnish bulletin board. space of reasonable size for
posting of AGCF materials.
ARTICLE 50. AGCF MEET AND CONFER REPRESENTATION
Two (2) AGCF representatives shall constitute the maximum on duty number of
employees for meet and confer sessions with City representatives on City time during
representatives working hours for the purpose of meeting and conferring in good faith
without loss of payor any benefits.
ARTICLE 51. NO STRIKE/NO LOCKOUT
The Group agrees that during the term of the Memorandum of Understanding, neither
the Group nor the employees it represents will engage in, encourage, sanction, support,
or suggest any strikes.. The employer agrees that it will not lockout any of its employees
during the term of this Memorandum of Understanding.
- ---..--.-.----------..,--------- -..-- _._._-~~" -----------
AGCF MOU
PAGE 27
ARTICLE 52. . NONDISCRIMINATION
The provisions of this Memorandum of Understanding>shallbe.appliedequally to all
'employees covered hereby without discrimination in accordance with' state and federal
law.
Employees may elect to exercise their right to join and'participate~in>the,activities of the r
AGCF for the purposes of representation in all' matters'of'theirworldng;conditions and !
employer-employee relations. The parties agree that ,;there,",shall:-be no 'restraint,
coercion, or interference with any employee with.respect~to';or-fbecauee of the
employee's membership in said unit. The City and theAGCF agree that each employee
shall be treated equally, fairly, and with dignity and respect.
The AGCF and the City agree to support theAffirmative;Action,Program.established by
the City and that there shall be no discrimination withjn,\their:,irespective~'organizations
because of race, religion, creed, color, nationalorigin{.-ancestry; '.disability.(mentaJ and
physical), medical condition, marital status, sex, age, sexuakorientation, political belief,
or Union membership.
Any party alleging a violation of this article shall have the 'burden of providing the
existence of a discriminatory act or acts and/or proving :that,;but forsuch,'sctoracts, the
alleged injury or damage to the grievant would not have occurred.
Discrimination complaints based on unit membership and/or activity shall continue to be
subject to the grievance procedure.
ARTICLE 53. M.O.U.IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolutions, and rules
of the City that conflict with provisions of this Agreement.
ARTICLE 54. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS
All benefits, terms' and conditions of employment enjoyed by unit employees as of July
1, 2003, and any side letter agreements reached after that date, shall remain in full
force and effect unless modified by a subsequent Memorandum of Understanding or by
mutual agreement, in writing, of the parties.
ARTICLE 55. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, void, or invalid by a Court
of competent jurisdiction, the remaining provisions of this Agreement shall not be
affected thereby, and the parties shall meet and confer for the sole purpose of arriving
at a mutually satisfactory replacement of such provision.
--_.._-~..~-_._-_...._._. ..-
AGCF MOU
PAGE 28
REPRESENTATIVES OF REPRESENTATIVES OF
CITY OF ARROYO GRANDE ARRO~O ,GRANDE CAREER
FrREFIGHTERS
DATE: -fb.2.,.h>3 . DATe:.D~z/O} :
-~~-1
SfE EN ADAMS
CITY MANAGER
.~H ~,<t-
DAN. HERNANDEZ . .' . A"lRICKc'IREY .,'
CITY NEGOTIATOR . AGCF'NEGOTIA,OR
~/M1e
KAREN SISKO
CITY NEGOTIATOR
CITY OF ARROYO GRANDE EXHIBIT "A"
SCHEDULE OF SALARY RANGES - AGCF
07/01103 2.50% 2.50% 2.50% 2.50% 2.50%
RANGE A B C D E
31 3187 3346 3513 3689 3873
NEW 3267 3430 3601 3781 3970
32 3267 3430 3601 3781 3970
NEW 3349 3516 3691 3876 4069 r
{
33 3349 3516 3691 3876 4069
NEW 3433 3604 3783 3973 4171
34 3433 3604 3783 3973 4171
NEW 3519 3694 3878 4072 4275 FIRE ENGINEER
35 3519 3694 3878 4072 4275
NEW 3607 3786 3975 4174 4382
36 3607 3786 3975 4174 4382
NEW 3697 3881 4074 _ 4278 4492
37 3697 3881 4074 4278 4492
NEW 3789 3978 4176 4385 4604
38 3789 3978 4176 4385 4604
NEW 3884 4077 4280 4495 4719
39 3884 4077 4280 4495 4719
NEW 3981 4179 4387 4607 4837
40 3981 4179 4387 4607 4837
NEW 4081 4283 4497 4722 4958
41 4081 4283 4497 4722 4958
NEW 4183 4390 4609 4840 5082 FIRE CAPTAIN
42 4183 4390 4609 4840 5082
NEW 4288 4500 4724 4961 5209
43 4288 4500 4724 4961 5209
NEW 4395 4613 4842 5085 5339
44 4395 4613 4842 5085 5339
NEW 4505 4728 4963 5212 5472
-~--- ---
CITY OF ARROYO GRANDE EXHIBIT "B"
SCHEDULE OF SALARY RANGES - AGCF
01/01/04 2.00% 2.00% 2.00% 2.00% 2.00%
RANGE A B C D E
31 3267 3430 3602 3782 3971
NEW 3332 3499 3674 3858 4050
32 3349 3516 3692 3877 4070
NEW 3416 3586 3766 3955 4151 i
t
33 3433 3604 3784 3974 4172
NEW 3502 3676 3860 4053 4255
34 3519 3694 3879 4073 4276
NEW 3589 3768 3957 4154 4362 FIRE ENGINEER
35 3607 3786 3976 4175 4383
NEW 3679 3862 4056 4259 4471
36 3697 3881 4075 4279 4493
,
NEW 3771 3959 .4157 4365 4583
37 3789 3978 4177 4386 4605
NEW 3865 4058 4261 4474 4697
38 3884 4077 4281 4496 4720
NEW 3962 4159 4367 4586 4814
39 3981 4179 4388 4608 4838
NEW 4061 4263 4476 4700 4935
40 4081 4283 4498 4723 4959
NEW 4163 4369 4588 4817 5058
41 4183 4390 4610 4841 5083
NEW 4267 4478 4702 4938 5185 FIRE CAPTAIN
42 4288 4500 4725 4962 5210
NEW 4374 4590 4820 5061 5314
43 4395 4613 4843 5086 5340
NEW 4483 4705 4940 5188 5447
44 4505 4728 4964 5213 5474
NEW 4595 4823 5063 5317 5583
- ._------~------
CITY OF ARROYO GRANDE EXHIBIT "C"
SCHEDULE OF SALARY RANGES - AGCF
07101/04 2.50% 2.50% 2.50% 2.50% 2.50%
RANGE A B C D E
31 3332 3499 3674 3858 4051
NEW 3415 3586 3766 3954 4152
32 3415 3586 3766 3954 4152
NEW 3500 3676 3860 4053 4256 ;
r
(
33 3500 3676 3860 4053 4256
NEW 3588 3768 3957' 4154 4362
34 3588 3768 3957 4154 4362
NEW 3678 3862 4056 4258 4471 FIRE ENGINEER
35 3678 3862 4056 4258 4471
NEW 3770 3959 4157 4364 4583
36 3770 3959 4157 4364 4583
NEW 3864 4058 4261 4473 4698'
37 3864 4058 4261 4473 4698
NEW 3961 4159 4368 4585 4815
38 3961 4159 4368 4585 4815
NEW 4060 4263 4477 4700 4935
39 4060 4263 4477 4700 4935
NEW 4162 4370 4589 4818 5058
40 4162 4370 4589 4818 5058
NEW 4266 4479 4704 4938 5184
41 4266 4479 4704 4938 5184
NEW 4373 4591 4822 5061 5314 FIRE CAPTAIN
42 4373 4591 4822 5061 5314
NEW 4482 4706 4943 5188 5447
43 4482 4706 4943 5188 5447
NEW 4594 4824 5067 5318 5583
44 4594 4824 5067 5318 5583
NEW 4709 4945 5194 5451 5723
CITY OF ARROYO GRANDE EXHIBIT "D"
SCHEDULE OF SALARY RANGES - AGCF
01/01/05 2.00% 2.00% 2.00% 2.00% 2.00%
RANGE A B C D E
31 3415 3586 3765 3953 4151
NEW 3483 3658- 3840 4032 4234
32 3500 3676 3859 4052 4255
NEW 3570 3750 3936 4133 4340 ..
i
(
33 3588 3768 3955 4153 4361
NEW 3660 3843 4034 4236 4448
34 3678 3862 4054 4257 4470
NEW 3752 3939 4135 4342 4559 FIRE ENGINEER
35 3770 3959 4155 4363 4582
NEW 3845 4038 4238 4450 4674
36 3864 4058 4259 4472 4697
NEW 3941 4139 4344 4561- 4791
37 3961 4159 4365 4584 4.814
NEW 4040 4242 4452 4676 4910
38 4060 4263 4474 4699 4934
NEW 4141 4348 4563 4793 5033
39 4162 4370 4586 4816 5057
NEW 4245 4457 4678 4912 5158
40 4266 4479 4701 4936 5183
NEW 4351 4569 4795 5035 5287
41 4373 4591 4819 5059 5313
NEW 4460 4683 4915 5160 5419 FIRE CAPTAIN
42 4482 4706 4939 5185 5446
NEW 4572 4800 5038 5289 5555
43 4594 4824 5062 5315 5582
-NEW 4686 4920 5163 5421 5694
44 4709 4945 5189 5448 5722
NEW 4803 5044 5293 5557 5836
- -~--_.. ----------
CITY OF ARROYO GRANDE EXHIBIT "E"
SCHEDULE OF SALARY RANGES - AGCF
07/01/05 3.50% 3.50% 3.50% 3.50% 3.50%
RANGE A B C D E
31 3483 3657 3840 4032 4234
NEW 3605 3785 3974 4173 4382
32 3570 3748 3936 4133 4340
NEW 3695 3879 4074 4278 4492 I
(
33 3659 3842 4034 4236 4449
NEW 3787 3976 .4175 4384 4605
34 3750 3938 4135 4342 4560
NEW 3881 4076 4280 4494 4720 FIRE. ENGINEER
35 3844 4036 4238 4451 4674
NEW 3979 4177 4386 4607 4838
36 3940 4137 4344 4562 4791
NEW 4078 4282 44.96- 4722 4959.
37 4039 4240 4453 4676 4911
NEW 4180 4388 4609 4840 5083
38 4140 4346 4564 4793 5034
NEW 4285 4498 4724 4961 5210
39 4244 4455 4678 4913 5160
NEW 4393 4611 4842 5085 5341
40 4350 4566 4795 5036 5289
NEW 4502 4726 4963 5212 5474
41 4459 4680 4915 5162 5421
NEW 4615 4844 5087 5343 5611 FIRE CAPTAIN
42 4570 4797 5038 5291 5557
NEW 4730 4965 5214 5476 5751
43 4684 4917 5164 5423 5696
NEW 4848 5089 5345 5613 5895
44 4801 5040 5293 5559 5838
NEW 4969 5216 5478 5754 6042
-~_._-
CITY OF ARROYO GRANDE EXHIBIT "F"
SCHEDULE OF SALARY RANGES - AGCF
07/01/06 3.50% 3.50% 3.50% 3.50% 3.50%
RANGE A B C D E
31 3605 3785 3974 4173 4382
NEW 3731 3917 4113 . 4319 4535
32 3695 3880 4073 4277 4492
NEW 3824 4016 4216 4427 4649 !
!
33 3787 3977 4175 4384 4604
NEW 3920 4116 4321 4537 4765
34 3882 4076 4279 4494 4719
NEW 4018 4219 4429 4651 4884 FIRE ENGINEER
35 3979 4178 4386 4606 4837
NEW 4118 4324 4540 4767 5006
36 4078 4282 4496 4721 4958
NEW 4221 4432 4653 4886 5132
37 4180 4389 4608 4839 5082
NEW 4326 4543 4769 5008 .5260
38 4285 4499 4723 4960 5209
NEW 4435 4656 4888 5134 5391
39 4392 4611 4841 5084 5339
NEW 4546 4772 5010 5262 5526
40 4502 4726 4962 5211 5472
NEW 4660 4891 5136 5393 5664
41 4615 4844 5086 5341 5609
NEW 4777 5014 5264 5528 5805 FIRE CAPTAIN
42 4730 4965 5213 5475 5749
NEW 4896 5139 5395 5667 5950
43 4848 5089 5343 5612 5893
NEW 5018 5267 5530 5808 6099
44 4969 5216 5477 5752 6040
NEW 5143 5399 5669 5953 6251
---_._"~~._- J
RESOLUTION NO. 3702
~
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of Catifomia, do
hereby certify under penalty of pe~ury, that Resolution No. 3702 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council/Redevelopment Agency of the City of Arroyo Grande on the 26th
day of August, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of August, 2003.
t~tQ/V--
E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK