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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. ~~---- , 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 ----_._--~ " EXHIBIT "A" . ^ i~,jv.-t CITY OF ~..?-- h!,-~ 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 r ! 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 r ! 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 ! 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 t 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. ----...------ _.._~_._- 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. -~-_._- J 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. - - -.--....- ~ --.- 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 ( 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. ---- - -'- 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 , ! 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. . 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 ( 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. --- 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. --.---- 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. [ ( 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. .----- 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