HomeMy WebLinkAboutReso 2014-226 RESOLliTION NO. 2014-226
RESOLUTIOI�' OF THE CITl' COUNCIL OF THE CITY OF
CHliLA VISTA APPROVI1�rG A MEMORAI�'DUM OF
UI�TDERSTAI`rDING ("MOU") BETR'EE?�' THE CITI' OF
CHUL.4 VISTA :SND THE II�'TERI�'ATIONAL ASSOCIATIO?��
OF FIREFIGHTERS AFL-CIO LOCAL 2180 BARGAII�TIl�'G
UI�TIT (�I.AFF") RELATED TO COMPEI�'SATION AI�'D OTHER
TER�4S AND COI�iDITIONS OF EA�IPLOYI�4EI�'T:
AUTHORIZING THE CITY MANAGER TO E�ECUTE THE
n4EMORANDUM OF UI`TDERSTANDIt�'G .AI�TD AI�T1'
NECESSARI' DOCU?�4EI�'TS AS n4AY BE REQliIRED TO
IA�PLEMEI�TT THE n4EA40RAI�'DUI�7 OF UI�'DERSTAI�TDII�'G:
AI�'D APPROPRIATII�'G FUI�'DS ACCORDIIVGLY
WHEREAS, the Memorandum of Understanding (`MOU") between the Citv of Chula
Vista and the Intemational Association of Firefiehters AFL-CIO Local 2180 espired June 30,
2013: and
WHEREAS; negotiatina teams representine IAFF and the Cim have �aorked
collaborativel��towazd the development of a mutuall}� beneficial n40U; and
WHEREAS. the Citv and IAFF neeotiatina teams ha��e met and conferred in eood faith.
as required by the Mevers-Milias-Bro��n Act (Go�t. Code Section 3�00 et. seq.: "Mh4BA"); and
W"HEREAS, the Cin- and IAFF negotiators ha��e tentati��eh� reached an aereement with
reeards to term and effect, compensation and other terms and conditions of emplo}�ment, and
consistent with the I�4NLBA, have set forth those terms in a Memorandum of Understandine
(MOU), which has been designated as E�hibit "A" for identification in this Resolution; and
�'�%HEREAS, the proposed salarv and benefit enhancements as set forth in the MOU
(designated as Ethibit "A") ��ere ratified bv a majorim of the IAFF members.
I�'OVd. THEREFORE. BE IT RESOLVED bv the Cirv Council of the Citv of Chula
Vista, that it hereb�� does (1) appro��e the MOU (desienated as Exhibit "A") between the Citv of
Chula Vista and IAFF; (2) authorize the Citv Mana�er or his desienee(s) to esecute said MOU;
(3) authorize the Cit�� Manager or his desienee to make such minor modifications to said MOU
as ma}� be appro��ed or recommended bv the Cin Attorne}`s Office; and (4) appro��e an
appropriation of$383.�43 to the Fire Department's Fiscal Year 2014/201� Personnel Sen�ices
budset to be offset b} unanticipated re��enues (Non Departmental).
Resolution No. 2014-226
Page No. 2
Presented by Appro��ed as to form by
�����
Kel .� K. B on G en R. ogins
Deputy City ManaQer/Director of Human C Atto ey
Resources
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista;
California, this 2nd da}� of December 2014 by the following vote:
AYES: Councilmembers: Bensoussan. Ramirez. Salas and Cos
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar
Patricia Aguilar, D puty Mayor
ATTEST:
Donna R. Norris, CM , Cit}� Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2014-226 ��as duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 2nd day of December 2014.
Executed this Znd day of December 2014.
Donna R. Norris, C C, City C erk
Resolution No. 2014-226
Paee?�'o. 3
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4�J�A VISfA
?�gr40R�NDL�1 OF LT�DERST.ANDI?��G
BET\k�EN THE CITY OF CHUZA ��ST.4
,4\TD
LOC.AL 2180
1NTER��ATION.4L ASSOCLATION
OF
FIRE FIGHTERS
AFL - QO
December 2. 2014—JLT�E 30. 2017
Resolution No. 2014-226
Page No. 4
I�4EMORAI�TDUI�9 OF UI�'DERSTAI�TDING CONCERT�TING �1'.4GES AI�'D OTf�R TERI�4S A?��D
CONDITIOA'S OF EI�4PL01'MENT BETN�EEN THE CIT1' OF CHUL.4 \'IST.A AND LOCAL 2180,
II�'TERNATIOA'AL ASSOCATION OF FIRE FIGHTERS, .4FL-CIO, DECEMBER Z, 201� TO?U?T'E ;0, 2017.
SECTIOn I AD1�I'IDVISTR4TI0?� ...............................................................................................3
ARTICLE1.01 PRE.AI�4BLE.............................................................................................................3
ARTICLE1.02 RECOGNITION......................................................................................................3
ARTICLE 1.03 CIT1'RIGHTS.........................................................................................................3
ARTICLE1.04 LOC.AL 2180 RIGHTS............................................................................................4
ARTICLE ].OS ED1PL01'EE RIGHTS.............................................................................................5
ARTICLE 1.06 LABOR-MANAGED�NT COOPERATION........................................................5
ARTICLE 1.07 TERT1 AT`D EFFECT OF MOU............................................................................6
ARTICLE 1.08 r40U REVISIONS...................................................................................................6
ARTICLE1.09 REOPENER.............................................................................................................6
ARTICLE 1.10 RETENTION OF BENEFITS.................................................................................7
ARTICLE 1.11 GEnERAL PROVISIOI�S.......................................................................................7
ARTICLE 1.12 SAVIIVGS CLAUSE.................................................................................................7
SUBSECTIONA. V1'AGES....................:..............................................................................................8
ARTICLE2.01 �4'.4GES.......:...........................................................................................................8
ARTICLE2.02 OVERTIME..............................................................................................................8
ARTICLE 2.03 COA'fPENSATORI' TIn4E......................................................................................9
ARTICLE2.04 CALLBACKS...........................................................................................................9
ARTICLE 2.05 STRIKE TEAM COD'IPENSATION....................................................................10
ARTICLE2.06 STA1��B1'.............................................................................................................10
ARTICLE 2.07 OUT-OF-CLASS ASSIGNMENT.........................................................................10
ARTICLE 2.08 SPECIAL PROJECT PA1'................................................°................................11
ARTICLE 2.09 BILINGUAL PA1'..................................................................................................11
ARTICLE 2.10 DIFFEREl�'TIAL PAl'...........................................................................................11
.4RTICLE 2.11 D'IILEAGE REIMBURSEMENT..........................................................................11
ARTICLE2.12 UNIFOR111S............................................................................................................11
ARTICLE 2.13 PROFESSIONAL ENItICHn'IENT.......................................................................11
ARTICLE 2.14 EDUCATION INCENTIVE PAY.......................................................................12
SECTIONII COn'IPEnSATION................................................................................................13
SliBSEC'IION B BEIVEFITS..............................................................................................................13
ARTICLE 2.15 E11'IPLOI'EE BE]VEFITS.......................................................................................13
ARTICLE 2.16 GROUP TER1�9 LIFE INSURAl�'CE.....................................................................15
ARTICLE 2.17 RETIREn4ENT.......................................................................................................15
ARTICLE 2.18 DEFERRED COD'IPEA'SATION...........................................................................16
ARTICLE 2.19 RETIREMENT HEALTH SAVINGS ACCOUNTS............................................16
SECTIONIII HOURS..................................................................................................................18
ARTICLE 3.01 V1'ORK PERIOD....................................................................................................18
ARTICLE 3.02 VACATION............................................................................................................18
ARTICLE 3.03 S1CK LEAVE............:...........................................................................................ZO
ARTICLE 3.04 BEREAVEMENT LEAVE..................................................................................11
ARTICLE3.05 HOLIDAI'S............................................................................................................22
ARTICLE 3.06 NR]' DUTY/COURT ............................................................................................22
ARTICLE 3.07 RELEASE TIn4E ..........................................................................................23
Resolution No. 2014-226
Pase No. �
�RTICLE 3.OS SHIFT E�CI3.�tiGE..............................................................................................Z3
�RTICLE 3.09 CI��. SER�ICE RLZES......................................................................................?4
SECTI01 I�' R'ORKL�`G CO��ITIONS..................................................................................25
ARTICLE 4.01 PROHTBITED PRACI'ICES.................................................................................25
ARTICLE 4.02 EQliIPD�\I'RESPONSIBILITl' ��� PROPERTI'REPL�CE�1'IE1T.........25
ARIZCLE �.03 DRI�'L�G ELIGIBILITY.....................................................................................?i
�RTICLE 4.04 FIT\'ESS FOR DLTl'............................................................................................26
ARTICLE 4.05 CO!�ST_�KT D�ZNILT4 SI'AFFL�G LE�'ELS.................................................?6
ARTICLE 4.06 STATI01 DLAL\TE1?,NCE �1� REPAIR........................................................26
9RI'ICLE 4.0 i SUBSTAi\CE ABliSE POLICI`..........................................................................Z i
ARI'ICLE 4.08 DII2ECT DEPCS:T...............................................................................................Z i
.AItI'ICLE 4.09 GRIEV9IvCE PROCEDliRE...............................................................................Z i
Resolution No. 2014-226
Page No. 6
SECTIOn I :ADMLT�'ISTRATION
.4RTICLE 1.01 PRE.�n'IBLE
This Memorandum of linderstandine (MOU) is entered into by the Citv of Chula Vista, (Cit��) and the
Intemational Association of Fire Fi�hters, (Local 21 SO), as a result of ineetine and conferring in sood faith
concemine the u�aees. hours and other terms and conditions of emplo}�ment, pursuant to the
Emplo��er-Emplo��ee Relations Policy of the Cih� of Chula Vista and to the California Go��ernment Code
Section 3>00 et. seq. known as the Me��ers-n4ilias-BroN�n Act.
ARTICLE 1.02 RECOGNITIO\
The Cirn recoenizes Local 2180 as the certified representati��e for safep�employees in the Cin�of Chula
Vista who are emplo��ed in the classifications of Fire Fi�hter, Fire Fighter Paramedic, Fire Ensineec Fire
Captain. Battalion Chief; Fire Inspector/Fire Im�estigator I, Fire Inspector/Fire Im�estigator II, Se�ior Fire
Inspector/Fire Investieator, and Fire Pre��ention Engineer/Fire]m�esti�ator, hereinafter referred to as
'`represented employees" or"emplo}�ees."
ARTICLE lA3 CITY RIGHTS
Local 21 SO agrees that the Ciry has the right to unilaterally make decisions on all subjects that aze oucside the
scope of bareainine.
The exclusive rights of the Cin� shall include; but not be limited to,the right to:
A. Establish, plan for, and direct the ���ork force to�i�ard the organizational goals of the Cit��
�ovemment.
B. Determine the organization, and the merits, necessip�and le��el of activiN or sen�ice provided
to the public.
C. Determine the Cih�budget.
D. Establish, reeulate and administer a merit or civil sen�ice system ��.�hich pro��ides for all types
of personnel transactions. including; but not ]imited to, determinine the procedures and
standards for the hiring; promotion, transfer, assignment; lay off; retention; and classification
of positions in accordance ���ith the Cip� Charter, Ci��il Sen�ice Rules, and established
personnel practices.
E. Discipline or discharee employees for proper cause.
F. Decermine the methods, means; numbers and hinds of personnel, and the job or position
conteni required to accomplish the objectives and goals of the Cit�.
G. Effect a reduction in authorized positions.
H. Take actions necessary to carry out the mission of the Cit� in emergencies and in other
situations of unusual or temporarv circumstances.
Resolution No. 2014-226
Paee ?vo. 7
I. Continue to exercise efficient and producti�•e management practices consistent N�ith federal
and state laws and in compliance with the Cin�Charter and Cin�ordinances.
Terms and conditions set forth in this?�40li represent the full and complete understandine benveen the
panies. Durine the term of this T40li. Local Z 1 SO expressl}�wai��es the right to meet and confer��ith respect
to an} subject covered in this MOli, unless modified through the voluntarv, mutual consent of the panies in
a�tiritten amendment. This MOU terminates and supersedes those panial practices, agreemenu, procedures,
traditions. and rules or regulations inconsistent��•ith an��matters covered in the I�90U. The panies agree that
durina the neeotiations that culminated in this T90U, each pam�enjoyed the opportunin�to mal:e demands
and proposals or counter-proposals��ith respect to any matter, e��en thoueh some matters were proposed and
later withdra��n. and that the understandinos and aereements arrived at afrer the exercise of that rieht and
oppor[unin are executed in this MOli.
The Cin�` s e�ercise of its manaeement riehts is not subject to challenee through the erievance procedure or
in an��other forum; except��here othenvise in conflict with a specific term of this T90U.
AE2I'ICLE 1.04 LOCAL 2180 RIGHTS
The exclusi��e riahts of Local 2180 shall include. but not be limited to:
A. Authorized representati��es of Local Z1S0 shall be allo���ed reasonable access to represented
emplo��ees at their ��ork locations during w�orkine hours for the purpose of consultine �•ith
emplo��ees regarding the emplo}�er-emplo}�ee relationship, pro��ided thar. (1)the H�ork operation
and service to the public are not unduly impaired; and (2) the authorized representatives shall
have gi��en ad��ance notice to the Fire Chief or hislher designated representative when contactine
represented emplo}�ees during the dun� period of the empio}�ees. The Fire Chief or his/her
desianee shall determine the appropriate time for such access.
B. Local 2180 officers and members of its Board shall be eranted use of Cin• facilities for meetines
composed of such officers or Board members, proaided space can be made a��ailable without
interferin����ith Cin� needs, and pro��ided such meetines are conducted at no cost to the Cin�. .
C. Local ?180 mav designate up to four(�)representati��es (in addition to the President and
Vice-President)w�ho��ill be allowed reasonable access to unit employees.
D. A reasonable amount of space shall continue to be provided to Local 2180 on City bulletin boards
for leeitimate communications ��•ith represented employees. Local 21 SO shall be responsible to
maintain space pro��ided in an orderl�� condition and shall prompth• remo��e outdated materials.
Copies of such communications shall be furnished to the Director of Human Resources for
re�ie��.
E. The City will continue to provide bi��eekly pa��roll dues deductions as authorized b}�unit
emplo}�ees to Local 2]S0, and Local ?180�ti�il] pa}�the Cin�5.10 per member per pa��period for
the acrual costs incurred for dues deduction on behalf of I,ocal 21 S0. The Cin�will remit the
deductions to Local 31 SO in a timel}�manner and will pro��ide Local Z 1 SO a bi�ti�eekl}�computer
print-out of its members'dues deductions. ;
Resolution No. 2014-226
Page No. 8
F. The Cin' shall provide, upon request; such literamre and public documents as ma} be necessan�
(i.e., Cip�bud�et. Cieil Service Commission meetings, open Council conferences, etc.)�ehen the
requested documents are not a�ai]able on the Cit��' s iniranet.
ARTICLE 1.05 ED�LO7'EE RIGHTS
1. Emplo��ees of the Cin� shall have the ri�ht to:
A. Form;join; and participate in the activities of employee organizations of their o�vn
Choosine for the purpose of representation in matters of employer- emplo}�ee
relations.
B. Refuse to join or participate in the activities of employee oreanizations.
C. Represent themselves indi��iduall;� in their employee relations«ith the Cin�.
II. Employee Personnel Records:
A. Represented employees shall be entiUed to see the contents of their personne] records.
A��ailability of these records to the emplo}�ee will be subject to the normal business
hours affectinc the position or office�a�hich has routine custod}�of these records.
B. In Ci��il Sen�ice promotional oral boards used in establishing certification lists for Fire
Engineer, Fire Captain; or Battalion Chief the City agrees not to use documents from
emplo}�ee jackets or other personnel records if such documents or records are more than
three ��ears old (unless the�� are presented by the candidate).
C. The City agrees that'all supervisors���ill remove any negati��e letters; notes, or other forms
of documentation from any supervisor files they may ha��e on an IAFF Local 2180
subordinate member afrer one��eaz from the date the supervisor has I:no�vledae of the
facts/circumstances underlyine the enu;�. Am� such documentation should instead be
reflected on an employee`s most current performance evaluation_This will coincide with the
Cin�'s current policy and will not apply to the employee`s personnel folder maintained b}�
the Human Resources Department.
III. Representation b}� Local:
Represented emplo}�ees required to meet �vith an�� supervisor(s) in �3•hich the purpose or part of
the purpose is to discipline the emplo}�ee; or to discuss the likelihood of future disciplinary action, shall
have the riaht to ha��e a shop steward in attendance if any��ritten record of the discussion will be made
by the supervisor(s) or other manaeement personnel. Such meetine shall be preceded by at ]east
24-hour notification of the time and purpose of the meeting to the emplo}�ee. provided emplo�•ees may
���aive am•advance notification if they so choose. A shop steward ���ould not be permitted in
meetines for Performance Reports (escept ones with an o��erall rating of Unsatisfactory): revie���s
or selections or promotion interviews.
Resolution No. 2014-226
Paee?�'o. 9
ARTICLE 1.06 L.�BOR-r'L�\AGEn�1T COOPER4TI0�
The panies agree that durine the term of this MOU, they will continue to suppott the Pride At Nork
Program. In addition the}���ill continue to panicipate in effons to contain health care costs. The Cin� and
L,oca1 2180 agree that the�'will continue to ha��e open discussions on maners of concem to the parties durin�
the tean of thic?.qOli.
ARI'1CLE 1.0 i TERT1 �1� EFFECT OF e190li
1. This D4emorae�dum of Underc�dine shall remain in full force and effect from the date of
ratifica[ion b}� Ir1FF and approvai of Cin�Council until June 30, 2017. The par[ies will
endea��or to submit wriaen proposals to each other b}�D4arch I; 2017 and the panies�vill
endea��or to beQin ceeotiations not later than April 1�, 2017.
II. The provisions of this MOU shall be subject[o federal. state and local law•.
III. This MOU fully and completely incorporates the understandines of the panies for the full term
of[his?�90li,constimtino the sole and entire understandine bettti�een the panies. It is further
understood, ho���ever, that nothins in this�10U prohibits the panies from changina and
amendine the terms of this�40U durine the period of its effecti��eness b��murual agreement.
\othing contained in this MOU shall affect rights and privileges of parties as estabiished b��the
la��s of the State of Califomia as contained in the Go��emment Code of the State of Califomia
� under those provisions I:no�rn as the D4e��ers-A4ilias-Bro���n Act, unless specificall}�referred to
herein.
I\'. lf at anv time durine the term of this�10li. the Cin•Council declares a fiscal emereenc��. then.
in such e��ent the Cin�mav re-neeotiate this 1�10U and meet and confer on N•ases. hours. and
other terms and conditions of emplo}�ment. Ihis section, however, in no w�av effects the
e�isting right of the Cin�to lay off employees.
:aRTICLE 1.08 A10ti RE�ZSIONS
The Cin�and LOCAI. 21 SO aeree that durine the term of the D90U the��will continue to meet and confer on
non-substanti��e chanees to the format and laneuaee of the D90U if necessarv. The purpose of the proposed
chanees is to reconcile the D10U. Ci��il Sen�ice Rules, the Emplo}�er/Emplo��ee Relations Policy, and other
Cin�policies and procedures.
ARTTCLE 1.09 REOPE�-ER
See Article 1.07.IV. abo��e.
See Article 2.O1.I.D. below.
See Anicle 2.03?. belo«.
ARTICLE 1.10 RETENTION OF BENEFITS
The represented emplo}�ees covered b��this A40U shall retain all benefits provided herein for the full term of
this�90U.
Resolution No. 2014-226
Pase No. 10
ARTICLE I.11 GENERAL PRO�'ISIONS
I. For the purpose of this I�10U, the "Fire Chief shall mean the chief executive officer of the Fire
Department or his/her authorized representative.
ll. For represented employees u�ho were emplo��ed by the Montgomer}� Fire Protection District at the
time the area served b��the District was anne�ed to the City.their seniorim rights shall beein �vith
their individual hiring dates�+ith ti�c District and all continuous service w�ith the District shall be
deemed to be continuous service���ith the Cin�.
III. For the purposes of��acation; holida��s, sick lea��e, standb��. and differentia] pa}�, all represented
emplo��ees assiened to a 40-hour H�ork ���eek (includine a temporar}� modified duty assignment)
shall be elieible for the same benefits under the same terms as emplo}�ees assiened to the Trainine
Di��isions�vith a�0-hour work���eek. �
ARTICLE 1.12 SAVII�'GS CLAUSE
If anv article or section of this D40U shall be held invalid by operation of law or by am�court of competent
jurisdiction or if compliance with: or enforcement of; any article or section shall be restrained by such court;
the remainder of this MOU shall not be affected thereby. The parties shall; if possible, meet and confer or
meet and consult as the case may be for the purpose of arri��ine at a mutually satisfactory replacement for
such article or section.
SECTION II COn'IPENSATION
SliBSECTION A. \1'AGES
ARTICLE 2.01 V1'AGES
I. A. [Salary Adjustments] Salaq� adjustments shall be made as follows:
1. 2%as stated in Paraeraph B
Z. 2% in the first full pay period of July 2015, if both parties ratify and approve this�40U as
set forth on Paragraph B.
3. 2% in the first full pay period of July 2016, if both parties ratifi�and approve this MOU as
set forth in Paragraph B.
B. [Effective Date] The salary adjustments in Paragraph A shall be effective the first full pay
period after ratification b�� IAFF and approval ofthis MOU by the City Council via resolution in
open session.
C. [Salary Adjustments Not Retroactive� The salary adjustments in Paragraph A shall not be
retroactive.
D. [Reopener] The Cip� and IAFF shall muwally agree to reopen this Article for salary increases
for Fiscal Year 2016-2017 by providine �iritte��notice between September 1, 2015 and December
31. 2015. y
Resolution No. 2014-226
Pase I�'o. 11
E. [One-Time Stipend ln-Lieu of RA4T] L4FF ��'ithdra�vs iu request for an R��IT. In lieu of the
Cirv agreeino to contribute start-up cosu and a per member amount into the R�4T, L4FF
represented emplo��ees shall be pro��ided a one-time stipend in the amount of 51265 in the fust
full pa}•period afrer ratification b�� LAFF and approval of a successor A90li b�'the City Council
��ia resolution in open session.
II. D4erit(Step) Increases will be made according to the formula set forth in the Ci�il Sen�ice Rules
currenth• in effect. Tt�e effecti��e date of e�ceptional merit increases shall be the beginnine of the
pa��period followine approval.
The dassifications shall be subl�t to a fi��e(�) step salarv ranee.
IR. Effecti��e Dates -All other payroll and w�aee chanees, such as regulaz merit increases, shall be
made effective at the beginnine of the regulaz bi��eekl��pa��roll period closest to the employee's
acmal qualif}•ing date.
I\'. Rate of Paq Follo�vine Promotion - \�'hen a represented employee is promoted, the new rate of
pay will be the lowest step in the new salan�range which will result in the emplo}�ee recei��ine at
least �%more than the acrual base rate of the old classification.
ARTICLE 2.02 OVERTL\'IE
I. \�'hene��er emplo}�ees are ordered, because of an emereency or in the interest of the efficienc��of
the department,to render o��ertime service as defined belo«�, the}� shall be eranted o��ertime pa} at
the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "reeular rate," or compensator}�
time off at 1-]/2 times the o��ertime hours worked (subject to the Compensaton�Time pro��isions
in Article 2.03 belo�t�).
.A. Fue Suppression personnel U�ill receive o��ertime pa}�or compensaton�time off at 1'/time for
hours ���orked in e�cess of 1 S2 hours in a 24-day work period. Authorized paid time off(e.e.
vacation, compensaton�time, and sick lea��e) will be counted as time���orked for purposes of
calcula[ine o��ertime.
For Fire Suppression personnel. pa}�ment for o��ertime eamed in a eiven 24-da}��i�ork period
�vill be made no later than �vith the pa}� �varrant covering the biweekly pa�• period durine
���hich the���ork period ended.
B. Non-Suppression personnel will receive o��ertime pa} or compensator} time off at one and
one-half times hours �t�orked in escess of 40 hours in a i-da}�work period. .4uthorized paid
time off(e.e. vacation, compensaton�time; and sick leave) will be counted as time �rorked
for purposes of calculatine o��ettime for non-Suppression personnel.
For non-Suppression personneL pa��ment for ovettime shall be made �i�ith the pa}� �;�arrant
co��ering the pay period in �vhich the o��ertime ���as earned.
C. [IC-9 Hander Pay] Emplo}�ees who are designated Dog Handlers�vill recei��e three and a half
(3 %) hours paid overtime cash compensation per w�eek.
Resolution No. 2014-226
Page No. 12
II. Emereenc} Holdovers - Employees «�ho are held over more than fifreen minutes be}�ond the
scheduled termination of their work shifr due to fire or other emergency calls. shall be paid on a
1 '/• time basis afrer fifreen minutes co the nearest half hour for all such time worked. `' Time
H�orked" shall include staff s preparation of incident reports and such personal or equipment
clean-up as is necessan�and required by the Fire Chief.
III. NomEmereency Holdo��ers - Employees required to remain on duty more than fifreen minutes
bevond the scheduled termination of their shifi for other than emereenc�� calls shall be paid on a
]Y time basis afrer fifteen minutes to the nearest half hour for all such time worked. 'Time
«�orked" shall indude suc:: pe;scaa] or equipment clean-up as is necessar�� and required by the
fire Chief up to a maximum of 30 minures of clean-up time.
IV. The practice of'`acting down"and pro��isions set forth in paragraph 3 of the June 16; 2009 Side
Letter ofAgreement regarding'`working down" are eliminated. However, fire personnel
(Engineers and aboee)���ho are certified as a paramedic may"N�ork do���n"to a firefighter-
paramedic assienment. ln addition,the Fire Chief or their designee may authorize '`working
down" under the folbwine circumstances, as determined to exist by the Fire Chief or their
desienee: (1) during an emergenc}�, such as a large fire or incident requiring a Counq�wide
response; (2) unplanned need for staffing, such as an employee having a family emersency and
has the immediate need to leave the���orkplace; or(3) when attempts to contact replacement
staff of the same rank have been made, but result in no same rank staff beine available to���ork
o��ertime and continuine attempts to contact replacement staff of the same rank would be futile
or not permit a timely f]line of an unfilled position and to prevent a force hire. Ho���ever;this
paragraph does not preclude the Cin-from being able to force hire as an option.
ARTICLE 2.03 CODIPENSATORY TIME
1. Compensation for ovenime(`CTO'') N�ith compensatory time in lieu of overtime pay N�ill be at the option
of the supen�isor and the Fire Chief. based on the emplo}�ee's request tifiile recognizing the overall staffine
requiremencs of the department. Approval of such requests shall not be unreasonably withheld.A record of
compensatory time eamed and utitized shall be maintained on the biweekh� pay records. Use of
compensatoq�time will be subject to the same procedures as vacation leave requests i.e. appro��al of
compensa[on�time off if the employee calls in b�� 6 a.m. on the day of the shifr and no more than eigh[ (S)
hours off usine annual leave or e-compensatory time that shift e�;cept that requests for vacation lea��e ���ill
ha��e prioriry o��er requests for compensaton�leave. In the first pa�� period in September each year,
employees shall be paid for am�accumulated compensaton�time at their regular rate of pay then in effect.
2. 7he Cin�expects to smd��CTO and prepare a report. The Cit}� will provide IAFF a copy of that report.
The Cin�may reopen the 1�40U b�� providine�vritten notice to IAFF bet��een September 1, 2015 and
December 31. 2015 and reneaotiate this Ar[icle.
3. IAFF members shall be perznitted co accrue up to 4S0 total hours of compensatory time off("CTO") per
September to September period. Once IAFF members have reached 4S0 hours durine this period the��will
be paid solely via overtime cash until the accrued 4S0 hours is reduced. ]n addition to the September
CTO cash out in September of each��ear (as currentl��provided for in the n10U), CTO may be cashed out
at any time at the employee's request.
Resolution No. 2014-226
Paee No. 13
.ARTICLE 2.04 C�L.LBACKS
A. Emplo}�ees��ho are called back to�rork before the scheduled start of their next rewlaz shift afrer
havins lefr their w�ork site or at the conclusion of their prior scheduled shift, shall be paid for the
actual o��er[ime���orked to the nearest half houc with tu�o (2)hours beine the minimum amount
paid. The na�o(2)hour minimum shall not ho�ti�e��er. appl} under any of the follo�vine situations:
(1) The emplo}�ee is held o�•er be}ond the scheduled termination of his or her���ork shifr (see
Ar[icle 2.02. Il and III.
(2) The emplo��ee retums co .��ork �a ithin t��o (2) hours of the stan of his/her neat regulaz
shifr.
B. The amount of overtime worked shall not include tra��el time from the emplo��ee's home(or other
non-���ork Iocation �vhere he/she �ias notified of the callback)to the emplo�ee's�rork station or
incident scene,whiche��er location the employee is required to repon to first. Similarl}�, ovettime
shall not include tra��el time after the emplo}ee leaves his/her work station or incident scene,
whichever location the employee reports to lazt.
�RI'ICLE 2A5 SI"RIkE TE�iT4 C011�IPE\'S�1TI0\
1. LAFF represented employees�vho are assiened to continuous non-relief strike team assienments '
(includina overhead assignments or such other out-of-county assisnmenu for which the Cin�
receives reunbursement from Cal OES) outside San Diego County shall recei��e their reeulaz rate
of pa��on davs thev are ordinaril}�scheduled to u�ork and, on days the��are not resularh�
scheduled worl:,they shall receive premium overtime compensation of one and one-half times the
emplo��ees reeular rate oFpa��. EliQibilin� for strike team compensation shall begin�jhen the}�
report for dun�until thev rerum to the fire station.
2. In addition to the compensation provided for in Paraaraph L those emplo}'ees�vho are assigned to
continuous non-relief strike team assignments(includina o��erhead assianment or such other out-of-
counn� assisnments for«�hich the Cin�receives reimbursement from Cal OES) outside of San Die�o
Counn�, shall receive a fifn dollaz(S?0) stipend for each full: consecuti��e, and complete 24 hour
period in «�hich the}°are on the strike team. There shall be no stipend for partial hours or
incomplete 24 hour periods.
:1RTICLE ?.06 ST�1�B1'
I. Definition - Standby dun� is defined as that period of tune assigned b��the Fire Chief. Depun�
Chief or Battalion Chief in addition to the emplo}�ee's normal ti�ork�veek assienment, durine
�vhich the emplo��ee must remain at all times���here he or she can be contacted b��telephone
or beeper. read}� for callback to perform an essential sen�ice.
II. .Application in Suppression - In addition to hislher regular salaz��. Suppression personnel shall !
be compensated ���ith an additional S�0 per each 24-hr shifr assigned to standby duties. If a
Suppression emplo}�ee���orks less than a full shifr of standb��, he or she shall be compensated
52.08 per hour assiened to standb��duties.
Resolution No. 2014-226
Page No. 14
IIL Any callbacl;s that occur w�hile an employee is on standby duti�shall not reduce the amou�t of
standby pa��the employee would have earned had there not been a callback. .4n� overtime or
callback pay shall thus be in addition to the standby pay. In terms of FLS.A requirements, the
parties agree that standby time shall not be counted as hours���orked.
IV Fire Investieation Stand-by-pay—In addition to his/her regular salary,represented
emplo}�ees assiened to Fire In��esti2ation shall be compensated ��ith an additiona] $50 per
each 24-hr shifr assiened to standb}�duties. If a Suppression employee works ]ess than a
full shifr of standb��, he or she shal] be compensated $2.08 per hour assigned to standby
duties.
ARTICLE 2.07 OtiT-OF-CLASS ASSIGIVMENT
I. Emplo}�ees assiened duh�as a�Acting Fire Eneineer,Acting Fire Captai� or Actine Battalion
Chief for a period of at least one ful] reoularl�' scheduled, continuous work shifr (24-hour
period) shall receive compensation at a rate of five percent (5%) above his orher base pay.
Pa��ment �3�i11 be revoacti��e to the beginnin� of the first regularlp scheduled shift of the
out-of-dass assienment and��•ill continue unti]the out-of-class assignment ends, provided the
above full-shifr minimum is met.
II. The assienment of.Actine Fire Engineer, Acting Fire Captain, Actine Battalion Chief, or shall
be made in «�riting and shall indicate the date and time the assiPnment be�ins. If an��part of
an hour is ���orked as an out-of-class assignment, the entire hour will be considered an
out-of-class assienme�t
ARTICLE 2.08 SPECIAL PROJECT PAY
Local 2180 represented emplo}�ees ma}� be eligible to receive a maximum of 15% abo��e base pa}� ���hen
assiened by the City n4anager to a '` Special Projecf' .
ARTICLE 2.09 BILLNGtiAL PAY
Those emplo}�ees who, upon verification by the Fire Chief and the Director of Human Resources; and���ho
successfull��complete a Bilinaua] Performance Examination for the follo���ing languages: American Sign
Languaee (`.aSL") Spanish, Tagalog: Viemamese, and Japanese, ��-ho use their bilinoual skills�vill be
elieible for bilineual pa��as follo���s.
1. If an employee passes an examination showing a basic ]evel of proficiency the� shall receive�12� per .
month in addition to their reeular pay. .4n IAFF Local 21 SO member in Fire Suppression. ���ho is at a
basic le��e]of proficienc}�, shall have the skills to sufficie�tly and competently obtain and communicate
(speak) basic informatio� relatine to EMT BLS skills. EMT BLS skills will be based on the current
CV'FD BLS EbTT'`Medical or Trauma Assessmenr` skill sheets. An I.AFF Local 2180 member in Fire
Pre��ention. tiho is at a basic level of proficiency. shall have the skills to sufficiently and competently
obtain and communicate (speak)basic information relating to basic fire inspection skills. Fire
Inspection skills will be based on the current CVFD FCIP fom�s. ln order to continue receiving
bilinaual pav at this level, employees must successfully complete a Bilingua] Performance Eaamination
once even�three (3) years. The Human Resources Deparunent, in conjunction with lAFF Local 2180.
shall de��elop and administer testine based on the skills above to determine i£an employee is at a basic
Resolution?�'o. 2014-226
. Paee T'o. 1�
proficienc��level. There u�ill be one LAFF Local ?1 SO member as a representative on each tw�o-member
panel on all LAFF L,ocal 21 fi0 member exams. Candidates N�ho have failed an exam ma�•retest once
� e��en s�z months.
2. If an emplo}�ee passes aci e�:amination shou�ing an advariced level of proficiency thev shall receive S22?
per month in addition to their rewlar pa��. .4n emplo�•ee Hfio is at advanced le��el of proficienc}� shall
have the skills to read, ��rite, and speal:in anv of the abo��e laneuaees at abo��e a hieh school Ie��eL
includins demonstratins the abilin�to use medical. lesal. and/or technical terminolo��. The
communication should be of such a nature that the communication is at a more detailed and comple�
leveL��ith linle to no difficulty in communication durin� medical aids, inspections, or investieations.
The Human Resources Departmert >::al: dcvelop and administer testine to determine if an employee is
at an advanced proficiency le��el. Afrer an emplo��ee passes the Cin�administered e�amination
showing an advanced level of proficienc}�then no further re-testin� is required.
3. A. Grandfather Clause. All LAFF members recei��ine 5200 per month for bilingual pa�•, as of.4pril 1�,
201�. shall continue to recei��e. ���ithout retestine, S200 per month in bilinwal pa}�until the end ofthe
term of this convact; at��hich time the S200 will cease to be paid and the}����ill be required to retest
under paraaraphs 1 and 2 to continue receivine bi-lineual pay as set forth in those paraeraphs. A
'`arandfathered'L�FF member ma��voluntaril}�choose to retest prior the end of the contract, but H�ill be
subject to paraeraphs 1 and 2. If the L4F'F member, tests into the.4dvanced Proficienc}•Le��el.the��
�j�ill recei��e S?2� per month as stated in paraeraph 2. Ho��ever; if the}�test into the Basic Proficiency
Level. the��will receive 512�, as stated paragraph l. Once retested, the LAFF member shall lose the
S200.
�RTICLE 2.10 DIFFERE1TLaL.PAI'
I. Suppression Division emplo}�ees assigned to the Training Divisions or other 40-hour
administrative assienment will receive 1�% additional compensation o��er their base wa�e;
effecti��e the first da}�of the pa}�-period thev assume their assignment.
II. Represented employees undereoing Fire .Academ�� (initial) ttaining, shall not recei��e the
compensation set fonh in para�raph 1 of this P.rticle.
:1RTICLE 2.11 �ZD.EAGE REI�IBU�RSEI7ENT
Emplo��ees shall be subject to the Cin•' s?�4ileaee Reimbursement Pro2ram when required to use their
personal vehicle for authorized Cin�business. The reimbursement rate will be equal to the current ma�imum
IRS rate.
ARZ'ICLE 2.12 LT`IFOR�IS
I. The Cirv shall during the term of this D90U furnish. repair or replace for unit employees, as
detertnined b��the Fire Chief, Class A—Class D uniforms.
Il. All represented employees shall recei��e S200 per calendar ��eaz for the cleanine and
maintenance of uniforms. Pa��ment will be made the first pa��day follo���ing \'o��ember 1.
annually, and will be prorated for indi��iduals not emplo��ed for the entire calendar year.
Resolution No. 2014-226
Page No. 16 .
ARTICLE 2.13 PROFESSIONAL ENRICHI�IENT
Employees represented b��Local 21 SO are elisible to participate in the City' s Professional Enrichment �
Proeram. To qualifi as a reimbursable e�:pense, the emplo}�ee must demonstrate a nexus to their current
job or career path. The supen�isor and employee will endeavor to identifi�trainine needs/requests in the
emplo��ee`s performance goals. Hoti�ever; identification in the employee's performance eoals shall not be
a pre-requisite for appro��al of Professional Enrichment. Requests for professional enrichment must be
appro��ed b��their immediate supen�isor, desisnated vaini�e officer; Fire Chief or his desi�nee (designated
Depup�Chie�, and HR director or their desi:nee, prior ro any eapense beina incurred, and under the
folloN�ins[erms:
• The trainine is to impro��e current skills or help in career advancement; and
• The Emplo��ee is to repon ouUfollow-up after the trainine, as requested b}�their Supervisor. Prior to
the trainine, the emplo��ee and supervisor shall meet and discuss if and how the employee will report
oudfollow-up. If the emplo��ee and supen�isor do not aaree on how to report out,their Battalion Chief
shall decide and such decision shall be final. T��pes of reponing ouUfollow-up may include,but are
not limited to; ���ritin� a'`H�hite paper"on the subject or subjects taught; presentine a presentation to
their crew: or discussine the course with their supen�isor.
The Professional Enrichment Fund allotment for Local 21 SO is $�9,000 each fiscal year. Emplo}�ees are
elieible to receive up to 51,000 per fscal year for Professional Enrichment. Funds may be used at any
time durine the fiscal }�ear. Fiscal vear reimbursement under the Cin�' s Professional Enrichment Plan will
be closed the second Thursda�� in June. Employees may request professional enrichment espenses in
accordance wi[h state and federal law. Reimbursements are on a first come, first serve basis until the
annual allotment of funds has been e�hausted.
Professional Enrichment may be used for Professional Enrichment dues, including dues for California
Professional Firefighters('`CPF") and Califomia State Firefighters Association (CSFA). Eligible
Professional Associations shall be determined b��mumal agreement and placed on an authorized list. If
there is am�disagreement; the final decision shall be rraade by the Human Resources Directoc HoH�e��er,
IAFF dues shall not be elieible for reimbursement.
ARTICLE 2.14 EDliCATION INCEI�'TIVE PAY
I. Employees represented b��Loca] 2180 shall be entitled to education incenti��e pa}� as detailed
below:
A. Upon ��erification that a represented employee has completed course work for and received an
Associates degree; or completes 30 units of fire science courses or any administrative or
technical (i.e. computer, writing) courses in support of the fire service and has five (�) years
eaperience; the employee shall recei��e $200 per mo�th in education incentive pay.
B. Upon ��erification that a represented employee has completed course�rork for and received a
' Bachelors deeree, or completes 30 units of fire science courses or any administrative or
technical (i.e. computer; ���riting) courses in support ofthe fire service and has ten (]0)years
experience_ the employee shall receiJe ^�300 per month in education incenti��e pa�-.
C. Upon verification that a represented employee has completed course «�ork for and recei��ed a
�4asters deeree,the employee shall receive $400 per month in education incentive pa}�.
D. The amount of educational incentive pay will not be cumulative.
Resolution No. 2014-226
Pa¢e No. 17
SECTIO\' II COD�ENSATIO\
SL-BSECTI01 B BE\'EFITS
�RTICLE ?.15 EA�L01'EE BE��FITS
1. Health. Dental and Vision Insurance
The Cit�� will provide the follo���ine benefits to each represented
emplo��ee:
I Healr6 Insmance I Dencal Insunuce
annual baiser �on-baiser �on-baiser Pre-Paid Deural
Cozt I �t0's PPO Dental PPO
Emplo��ee Cr�Pai> Emplo�•te ?z1; Cc:Pa}'saa C-�?a}s Cin�Pa:s:.n
Onh� iD0°�of Si0 nc \fea-:L; .�o::v;Equalto � i���°�of .4moun: =qi:a1 so �
P:e�s�:m Cin�Pa�.s che Ci�`s Shzre o= A�u:s c�e ?remiu.-n for
3alznce of \°o��isc F�AfO ir P�r?ziE
� Praniu9 Premssim Pl� �k:ee
F�lo�ee :�espom-ible fn:
�rsxrsibte;o: 3_Lace
3aL-.sce
. Fmplocc� Cir; Pa�s Eirvlo�':e ?xjs Ci'�'Pa�za� C^�Pa�3 Ci.-:Pa:san
-1 !'v�°�of Si0 per\fezt_*� ?.mw�Equalco ?DO°�of .�oum=q-�:al LL�
P�e�n:s Cin�Pa:s �he Cin�s Sh,-se o: P:e��� t�r Pr��.�a fer
3alaace e= \�o�_uisc?i\f0 eie P:e-?v.:
Ptewfi�v Pra:iu:m Pl� �pic_:ze
Fr�p}e:et �tspoasi�ble fa�
ysx+u�ble:o: 3alzvice
3alz..�cr
Empbcee Ci;; Pa�s Euyto��te Pa.�s Cli:Pa�sz C��Pa:s Cir:Paj3..0
=Famih� e0"v°�of S�G per\Ica•�: .amo�t Equal co ?O�J°�of Asx+wt =qc;1 te
P.-zcsse¢ Cit��Pa-.s the Ci;�`s Shzrz e= P:es.n.s the Premiuy fir
3alznce o' \�on=�;aisr. I-LhSO the P:;?zic
Ptemuu� Premv:cL Pba -aplo��rr
E.c�plo�ee Respons�ble fo*
tiesxasibk;o: 3a1-:ace -
3alzsce
Represented employees�vho are married ro another represented emplo}�ee have the option of
beine covered as an Emplo�'ee Only or as a dependent under their spouse' s Employee= One
or Emplo}�ee+Famil}�coverage le��el.
A. Enrollment:
I. Health —Each eli¢ible emplo�•ee�ti�ill be co��ered under the City offered health plan of their
choice effecti��e from employee' s date of hire in that eligible position. For employees
enrolline in Kaiser, the Ciq����ill pay the full cost of the premium. For emplo}�ees enrollina in
a non-Kaiser HA90. the Cit�� ti�ill pay the cost of the prem;um less S�0 per mcnth. For
emplo}�ees enrolled in a non-haiser PPO, the City will pa�� an amount equal to the City` s
share of the non-Kaiser HD90 premium. Am� difference bet���een the Cin` s share of the
health premium and the full premium cost will be paid b}� che emplo��ee throueh pa��roll
deductions. Employees ���ho fail to submit required benefit election forms�ti ithin �0 da�•s of
the date of elieibilin�or during open enrollment will automaticalh be enrolled in the Kaiser-
Emplo�•ee Onl��plan.
Resolution No. 2014-226
Page No. 18
2. Dental —Represented emplo��ees ��ill be elieible to participate in a�}� City sponsored eroup
dental plan effective tbe first of the month following the emplo��ee' s date of hire. The Cir�
will pay an amount equal to the pre-paid dental plan premium for employees who enroll i� a
dental plan within 30 days of their date of eligibilip� or during open enrollment. .4n��
difference betu�een the pre-paid dental plari premium and the PPO dental plan premium ti�ill
be paid b� the employee throu�h payrol] deductions. Emplm�ees ma��only chan_e their health or
dental coverage levels at open enrollment or upon a qualifi ing event (marriaee, divorce, birth,
adoption. etc.).
3. Emplo}�ee Paid D4edical and Dental Premiums Taken as Pre-Tar Pa��roll Deductions
It is the intent of the parties that pareicipating employees recei��e the maa:imum benefit
allowable in accordance with ]RS regulations. ]n those cases ��here the employee pa��s a
portion of the cost premiums will be deducted from the employee' s paycheck on a pre-tax
basis as allowed under Sections ]25. 105, and 213 of the Internal Revenue Code. If an
emplo��ee prefers to have the deductions taken on a post-ta�basis, he or she must present the
request for such chanee in writing to the Human Resources Department. If the City does not
meet IRS requirements, or if IRS re�ulations change for any reason, this benefit may be
discontinued.
4. Vision—Optional
Represented emplo}�ees «�ill be eligible to voluntarily participate in a City sponsored eroup
vision plan. The premium for the selected plan ti ill be paid by the employee throueh pa��roll
deductions. �
�. Insurance Coveraoe �l'hile on Lea��e of Absence Without Pa��
Represented employees on lea��e ti�ithout pay for any reason may continue, at their o�v❑
espense, their group insurance co��eraee by pa��ing the full cost of their premium plus a 2%
administrative fee.
tipon an emplo}�ee` s retum from lea��e���ithout pay; the employee' s benefits���ill be reinstated
to the same benefit le��el in effect prior to the be�inning of the leave ti�ithout pay status,
provided the emplo��ee is elieible to receive Ciq�benefits. An emplo��ee��fio pa}�s for the cost
of his or her insurance���hile on leave of absence and �+�ho returns to ti�ork prior to the 1� �of
the month; �i�ill not be required to pay their insurance premiums for that month.
6. Termination of Benefits Upon Separation of Employment
An emplo}�ee s coveraee under the Cih�` s eroup medical; dentaL and eroup term life
insurance plans is effecti��e throu�h the last day of the month in which the emplo��ee` s
termination is effecti��e. Emplo��ees may continue their co��erage beyond that date. at his or her
own expense, inaccordance with the federal COBRA la���. The cost of COBRA co��erase is
his or her premium cost plus a 2% administrative fee.
11. Flexible Spendine Accounts(FSAs)-Health Care and Dependent Care
Represented employees ���ill be eligible to participate in the h��o Fleaible Spendine Account
(FSA)options offered by the Ciq�. These accounts are allowed b�� Sections 125;10�,129; and
213 of the Intemal Revenue Code. Employees may elect to set aside a portion of their salan�;
on a pre-tax basis; to fund eligible health care and dependent care expenses. If the City does
not meet IRS reeulations; or if the IRS regulations change for am�reason, this benefit may be
discontinued.
Resolution No. 2014-226
Paee No. 19
The maximum amounts an emplo��ee mav set aside aze:
52.�00 for Health Care .
5�.000 for Dependent Care
These accounts ma}�onl��be established durine the Benefits Open Enrollment period or�rithin
30 da}�s of a qualifi�ing char�ee in famih scarus as defined b��the IRS.
Salary deductions��ill be taken 2� pa��periods per year, bi-weekly eacept for those monchs
���ith three pa}�period;:::here dzductions will onlv be taken n��o times.
Reimbursements ��ill be made on a schedule to be determined bv the Ciry. Requests for
reimbursement must be made on forms pro��ided b�•the Ciq�. Anv monies not used b��the end
of the plan }�ear �•ill be forfeited. Specific details of the plan are pro��ided in che Cit��' s
Summan�of Benefiu publication aeailable from Human Resources.
The Cin resen�es the rieht to contract with a Third Pam�Administrator for administration of
FSAs. The Ciry will pa}� the stan-up costs associated «•ith third parn� adminisvation.
Participating emplo��ees will pay am� fees (monthl��, per employee, or per vansaction). '
?,RTICLE 2.16 GROUP TERn1 LIFE L\SV12_��CE
The Cin agrees to pay the premium for 5�0,000 of group term life insurance for each represented emplo}�ee.
Represented emplo��ees ma}�apply for themsel��es and their elieible dependents to purchase from 5�0,000 to
S300,000 of supptemental �roup term life insurance in 510,000 increments through the Cin's eroup
insurance plan��ith emplo}ees pa}�in�the additional cost throueh paproll deductions.
.�1RTICLE 2.17 RETIREn'IENT
The Cin will provide to represented members retirement benefits via contract �vith the Califomia Public
Emplo}�ees Retirement Svstem (Ca1PERS) as set fotth in the Califomia Go��ernment Code.
1. TIER I. For emplo��ees hired on or before the effecti��e date of the Januarv 14, 2011 MOA, the Cin� �•ill
provide the 3% at �0 Retirement Plan for Local Safen� I�lembers as pro��ided for under the Califomia
Public Emplo}ees' Retirement System (CaIPERS). Employees in Tier 1 shall make contributions. that
shall be applied to the Cin�`s (emplo��er share) convibution to CaIPERS under Go��emment Code section
20�16 for optional benefu, in the total amount of nine percent (9%) for Emplo��ees in the "Local
Firefighters-` CaIPERS member cateeory. The aforementioned contributions will be made on a pre-ta�:
basis to the e�tent permitted b}' Intemat Re��enue Code section 414(h)(2).
The Cin�will provide che follo��ine CaIPERS contract opcions:
.4. One-Year Final Compensation
B. Post-Retirement Survivor Allo�+�ance
C. Credit for Unused Sick Lea��e
D. �th Le�•el 19�9 Sun�i��or Benefit.
E. ?�4ilitan' Service Credit as Prior Sen�ice
F. Cost of Livino.411o�vance(2%)
G. Post-Retirement Survivor.Allo���ance Continuance
Resolution No. 2014-226
Page No. 20
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit ��.000
J. Prior Service Credit
IC. Emplo}�er Paid A4ember Contribution
2. TIER D. For Emplo}�ees hired after the effective date of the January 14. Z011 I�40A a�d �aho do not
qualifi as'`ne�3�members" as defined b��PEPRA (see Gov't Code section 7522.04(f1(I)-(3)) and CaIPERS,
the CaIPERS Retirement Plan benefits for Employees in the "Local Firefighters" Ca1PERS member
cateeory are (1) che 3% @ » retirement formula; (2) that the Employees make the starutor�� emplo��ee
(emplo��ee share) contribution to Ca1PERS which is 9%; (.i) that there be no fi�a] year concession of said
pa�•ments to compensation for CaIPERS bc;�efit calculaTion purposes; and (4)the use of an averaee highest
three consecutive years calculation to determine final compensation. Furthermore. the Cih� will no longer
provide a blended health caze rate for Employees hired under the Second Tier Ca1PERS Retirement Plan.
The Cip�ti�ill provide the following Ca1PERS contract options:
A. Post-Retirement Sun�ivor Allovwance
B. Credit for Unused Sick Lea��e
C. 4th Le��el 19�9 Survi��or Benefit.
D. r4ilitan� Service Gedit as Prior Sen�ice
E. Cost ofLi��in2 Allowance(2%)
F. Post-Retirement Survivor Allowance Continuance
G. Pre-Retirement Death Benefit for Spouse
H. Retired Death Benefit$�.000
] Prior Sen�ice Credit
3. "I ier III. [PEPRA] For Emplo}�ees hired on or afrer January 1, 20li and determined to be "new members`
as defined b�� PEPRA (see Go��'t Code section 7522.04(�(1)-(3) and Ca1PERS, the follo�i�ine shall appl}�:
(1) a ZJ% @ �7 retirement formula; (2) no EMPC: (3) the use of an averaee hiehest three consecutive
years calculation to determine final compensation_ (4) employees shal] pa�' �0%of the total normal cost of
their pension. as set forth in PEPRA and determined by Ca1PERS; (�) pension capped as set fonh i❑
PEPILI (Go��`t Code section 7�22.10(c)(2)); and (6) no blended health care rate for Employees under this
Tier.
The City���ill pro��ide the follo�3�ing Ca1PERS contract options:
A. Post-Retirement Sumivor Allo�+�ance
B. Credit for Unused Sick Lea��e
C. 4th Level 19�9 Sun�ivor Benefit.
D. Alilitarv Sen�ice Credit as Prior Sen�ice
E. Cost of Livine Allowance (2%)
F. Post-Retirement Sur��ivor Allo���ance Continuance
G. Pre-Retirement Death Bene£t for Spouse
H. Retired Death Benefit 5�.000
1 Prior Ser��ice Credit
ARTICLE 2.18 DEFERRED COD'IPENSATION
IAFF members shall be elieible to participare in the Cit}�s approved deferred compensation plans offered b}�
the Cin�.
Resolution \�0.2014-226
' Paee I�'o. 21
AItITCLE 2.19 RETIItET'fE\T HE�iTH S:��TGS �CCOLITS
This Aricle lefr Blanl:.
SECTIO\III HOL-RS
�RI"ICLE 3.01 �1'ORK PERIOD
I. Fire Suppression - !�9emoers of represented clazsifications assigned to[his di��ision shall �j�ork
on a �6-hour week. three platoon basis. The duty schedule shall indude eieht (S) 24-hour
shifts (totaline 192 hours) in a rn�enn�-four(24)da}�dun�c�•cle. Each 24-hour shift will beein
and end at 7:30 a.m. The Cin� has enacted the 7K e�emption for Fire Suppression personnel
as permined under the Fair Labor Standards.Act. This includes a 24-day�ti�ork period u�hich
coincides with the 24-dav dun�cycle described in the previous paraeraph.
U. ?�on-Fire Suppression—?�lembers of represented classifications which are assi�ned to the
Trainine Division, Pre��ention Di��ision, and other 40-hour�i�ork week assignments shall ���ork
40 hours per�ti�eek.
The �j�ork period(week) for non-Suppression personnel is a fi�ed and re�ular recurring period
of 16S consecuti��e hours (7 consecutive 24-hour periods). The work ���eek for non-
Suppression personnel beeins at 12:01 a.m. on Frida�� momine and ends at 12:01 a.m. the
followine Fridav mornino.
Represented members in\ron-Fire Suppression assi�nments mav request[o���ork':Altemati��e
\�'ork Schedules"as pro��ide for in Human Resources Polic}�912.
III. Fire Im�estieator Rest and Recoven� Period—lt is the purpose and intent to provide euidelines to
Fire Investisators and their supen�isors to ensure that Fire In��estieators receive an adequate rest period
before work shifrs in order ro perform their work duties in a safe and efficient manner. This section is a
"�j�ork in pro�ress" and this section ma�� be modified at any time b�•the Cirv upon wriaen notice from
the Cin�to L4FF as part of a mee[and confer process. It is the intent of the Cin�and LAFF to allo���Fire
Im estisators to have se��en(i) total consecuti��e hours for rest and recoven�prior to retuming ro ���ork.
If a Fire Investieator has worked [heir normal shift (]0 hours) in any ei��en 2=3-hour shifr period and is
called back to�t�ork before the start of their next normal shifr and H�orks no less than four(4)
consecuti��e hours after midnisht: or if a Fire Investieator is called into work outside of their normal
���ork shifr, and as part of that workine period. the Fire Im�estigator does not have at least seven (i)
consecutive hours of rest(midnight to 0700) prior to the beeinning of the'v normal ��ork shift then the •
Fire Im�estieator has the option to take up to seven (i)consecuti��e hours off for rest. The Cirv will
provide administrative leave, hour-for-hour up co a ma�imum of four(4)hours; for rest period hours
that esrend into the emplo}�ee's normal work shifr. The emplo��ee ma��take leave for[he remainine rest
period hours that also extend into the emplo��ee`s normal H�ork shifr hours. This proposal does not
allow a Fire Investieator to��oluntaril��lea�•e an acti��e fire im�estigation scene for rest without
supen�isor approval or to miss a coun appearance.
The aforementioned se��en consecutive hours the Fire Im�estigator may take will begin�vhen the Fire
Investisator has completed their im�estieation for the evenine and has transmitted their o��ertime report
��ia email to their supervisor prior to leaving. as is the practice. The employee shall also inform their
Resolution No. 2014-226
Pa�e No. 22
supen�isor of the rest and reco��en�time the� ti�ill be takine off. Section lII applies onl� to the
folloti�ine work periods: startine at 12:00 am on the first regularly scheduled day of work and endine
at �:00 pm on the last re�ularl��scheduled da��of work. For e�;ample, if an emplo��ee works four (ten
hour) da��s Monda��throueh Thursday,then the employee would be eligible for rest and reco��en time
for hours worked stanino Monda��at 12:00 am and would not be eligible afrer Thursday at �:00 pm.
Thus, if the emplo��ee is called back any time between Thursday at �:00 pm and Sunda�� 1]:�9, they
would not eet rest and reco��en�time. Section III does not apph�to hard holidays, which the emplo}�ee
has off. starting at 12:00 am of'the hard holida��and endine 24 hours later.
ARTICLE 3.02 VACATION
I. D4iscellaneous
A. Definition - for the purpose of this section the fo1loN�ing definitions shall apply:
1. "Continuous service" means City sen�ice uninterrupted by separation.
Z. "Intermittent ser��ice" means City service interrupted by separation.
3. " Time H�orked" includes actual time worked, holidays with pa}�, and leave of absence
without pa�� (not to exceed one year) for which worker's compensation is paid. It shall
also include Saturdays, Sundays or other regular days off which aze immediately preceded
or immediatelv followed b�� other time worked.
4. "Acti��e ser��ice" includes time ���orked; lea��es oF absence w�ithout pay not to exceed 14
calendar da��s and lea��e of absence not to e�ceed one (1) year for which workers'
compensation is paid.
B. Amount of\racation and Sick Leave Use -Employees assigned to Fire Suppression must take
a minimum of two (2) hours of vacation; compensator�� time; or sick lea��e at one time. This
t��o (2) hour minimum shall not apply if the time off occurs ti�ithin the first t���o (2)hours or
]ast t��o (2) hours of the emploti�ee's regular shift. During this first t��o (2) hours or last t�+�o
(2) hours of the reeular shifi; the employee���ill be chareed for the acmal time taken off.
D. VACAT]OIQ
A. Vacation Accrual - Continuous Service: Each employee paid at a bi���eekl}� rate who has had
continuous ful6time acti��e ser��ice shall be entitled to ��acation H�ith pa}�. The followina
provisions shall appl��:
l. The ��acation lea��e accrual rates shall be as follows:
Years of #of Hrs.of Hrs.of Hrs. of Non- Hrs. Non-
Service Weeks Supp. Supp. Supp. Accrual Supp.
Accrual Accrual Bi-Weekly Accrual �
Bi-Week Yearly Yearly
0-4 2 . 4.30 112 3.07 80 '
S-9 3 6.44 168 4.60 120
10-14 4 8.62 224 6.14 160
15+ 5 11.08 288 7.�0 200
Resolution No. 2014-226
Paae No. 23
2. Maa;imum \%acation_�ccrual—
at no time ma��an emplo}�ee have more than t��o vears of��acatio� leave accumulated (i.e. t��ice the
number of hours accrued annualh�). No��acation credits shall be accrued above this limit.
B. Pa��ment upon Separation
At the.time an emplo��ee is sepazated from Cir�� sen�ice. �vhether voluntarilv or im�oluntaril��. he
or she shall be granted aii of tne unused ��acation ]eave to which he/she is entitled based upon his
or her active service in prior ��ears, and in addition. he or she shall be oranted ��acation lea��e
based upon the len�th of his/her acti��e sen�ice during the��ear in u�hich the sepazation occurs and
computed on the basis set fotth in Section (.A). Pa��ment shall be made hour for hour���ith am•
portion of an hour being considered a full hour.
C. \'acation Use
Vacation lea��e balances shall be reduced b} the actual time not�l�orked to the neazest quarter hour.
.Absence ma�'not be char�ed to vacation. no[ alread��accumulated.
D. �'acation Leave Sell Back
�Il members of represented classifications �ti�ho ha��e completed at least four years of sen�ice shall
ha��e the option of selling one ���eek (�6 hours for emplo��ees assigned to Fire Suppression and �0
hours for emplo��ees assiened to other divisions) of accrued ��acation lea��e back to the Cit}�
annuallv. The accumulated ��acation ]ea��e balance will be reduced accordinely. Pa}�nent of
vacation lea��e hours�+�ill be made the first pa}�day of an}� month provided that the Pinance
Depar[ment has received ten«�orkine da}�s advance notice of the request prior to pa}�da}�.
ARTICLE 3.03 SICK LEAVE
A. Accumulated paid sick lea��e credit is to be used for the sole purpose of protecting the emplo��ee's
waQes in the e��ent absence is made necessan•because of disabilirv due to non-industrial injury or
illness of[he emplo��ee, or illness of the emplo��ee's immediate famil��. For the purposes of this
artide; immediate famil�� is defined pursuant to the Famih•and Dledical Lea��e Act. Sick Lea��e
mav not be used for absences due to an industrial injun� or illness escept as follows: in the event
an employee sustains an indusvial injur��or illness that requires an absence beyond the one year of
paid lea��e afforded b��Labor Code 48�0 and it appears; based on the medical evidence; that the��
���ill be able to retum to full duw �rithin a reasonable time frame, they may be eranted an
exemption to the non-industrial causation requirement of this section. This determination u�ill be
made bv the Cirv D4anaeer on the advice of the Fire Chief, Director of Human Resources, and the
Risk Manager, based on the medical evidence. If this esemption is granted and the employee fails
to return to full dun� for ar�v reason other than the disabline condition,thev may be required to pa��
back to the Cit�� all salar�� and benefits pro��ided and accrued durin2 the esemption period if it is
determined that the employee is intentionally attempting to defer their retirement beyond the one
}�ear of paid lea��e afforded by Labor Code Section 48�0. \l'hen an emplo��ee is on sick leave, anv
t��pe of outside emplo��ment ���ill not be permitted. The clear intent of this section is to prevent
(e�cept in ven� unusual cases) an emplo}�ee from deferring his or her retirement be��ond the one
year of paid leave afforded by Labor Code �18�0.
Resolution No. 2014-226
Page No. 24
B. Members of represented classifications assigned to the Fire Suppression Di��ision will accumulate
sick leave at the rate of 5.15 workin� hours for each bi��eekly pa�� period of sen�ice.
C. Members of represented classifications assigned to divisions other than Fire Suppression w•ill
accumulate sick lea��e at the rate of 3.68 working hours for each biweekl�� pa�� period of sen�ice
(96 hours annuall��).
D. Unused sick lea��e ma�� be accumulated in an unlimited amount but the Cih� shall ha��e no financial
obli2ation to pay fbr such accumulated and unused sick leave upon termination from the Cin� for
any reason provided, ho��ever, this subsection does not abroeate the emplo��ee's ri�ht to have all
unused accumulated sick ]ea��e credited ro his/her sen�ice credits under PERS upon retirement or
any riehts pro��ided under Section ? below. In calculating the number of days of ser��ice credits
under PERS, unused accumulated sick lea��e hours will be divided b�� 8.0.
E. Sick Leave Reimbursement
(1) Employees shall ha��e the option of converting 50%of their accumulated unused sick lea��e
for the fiscal year to pay. In calculating the number of hours that could be conJerted to pay,
all computations shall be rounded to the nearest ti�hole hour and the fiscal ��ear �vill be
considered to start and end with the first pay period commencins in July of each_year.
(2) lf the pa}• option is selected, the paid sick lea��e hours shall be subtracted from the
emplo��ee's accumulated yearl��sick leave balance. The remaining sick leave hours shall be
carzied o��er and accumulated.
(3) Payment for sick lea��e the previous fiscal ;�ear will be made durine the month of July of
each year. Pa}� ���ill be computed based on the employee's base salan�rate on June 1�.
(4) An employee ���ill not be elieible for sick lea��e reimbursement under this plan if it would
result in the emplo}�ee having an accumulated sick leave balance of less than the amount
that the employee �aould earn during a two-year period. This restriction shall not appl}�to
subsections(�) and (6) belo���.
(�) Permanent emplo��ees who retire during the fiscal year may be compensated in a prorated
manner under this plan based on their formal retirement dare. Prorated payment mav also be
made under this plan to an emplo��ee ���ho temiinates during the fiscal year.
(6) In the event of the death of a represented employee���hile employed by the City, 100%of the
emplo}�ee's total unused accumulated sick leave; afrer consideration for any reductions
allo�ved under PERS Sick Lea��e Conversion/Service Credit Polic��. will be paid to the
appropriate beneficiar}�.
F. Sick leave balances shall be reduced b}� the actual time not �a�orked to the nearest quarter hour.
Absences for illness ma�•not be charged to sick leave not accumulated.
G. Sick Leave Verification -The Ciq� ma��, in its discretion, require a doctor's certificate or personal
s���orn affidavit ��erifi�ing that the emplo��ee is unable to perform the duties ofhis or herjob and
the nature of the limitations and restrictions due to the disabilin� injuq� or illness of the emplo��ee
or illness or injury of immediate family members in order to determine eli;ibility for use of sick
Ieave.
H. The Cih� and Local 2180 agree that Sick Leave is a benefit and not a right.
Resolution No. 2014-226
Paee I�'o. 2�
I. Emplo��ees mav choose to donate am� accrued. but unused, sick lea��e to another Cin employee
who has exhausted his or her accrued leave due to a disabilin�caused b��proloneed illness or
injun�of the employee or a member of his/her immediate family, subject to and in the manner
set fonh in Human Resources Polic}�and Procedures, Policy 61�, eacept as modified herein.
Sick leave donations �ti�ill be made in hourl�� increments. In order for emplo��ees to donate
accrued unused sick lea��e as stated herein, [he donatine emplo�ee must have a minimum 80
hours of banl:ed unused sick lea��e for themselves. The donated sick lea��e mav not cause the
donating emplo��ee to fall below the minimum hours required to be banked as stated herein and
the donatine emplo��ee ma}�not donate more than a total of i2 hours of unused sick leave in an��
fiscal veaz.
J. ?.n emplo��ee, �vho has eiven birth, or at termination of their pregnanc}�, and is out on leave. ma}�
elect to either be on a�0-hour schedule or�6-hour schedule while out on said lea��e. The
employee shall �otif}�their Supen�isor of their decision as to which work schedule will be used
during their leave, the pa��period prior to bein� out on lea��e or, if unable to do so because of
uneapected medical reasons, as soon as possible. Any chanee in schedule shall be effectuated to
begin in a complete pa��period. There shall be no changes during ponions of pa��periods. In the
absence of an emplo��ee election, the emplo��ee shall be on a�6 hours schedule.
:�RTICLE 3.03 BERE.4VE�4E\T LEA�'E .
�l•�hen an emplo}�ee �ti�ith permanent status is compelled to be absent from «�ork because of the death of an
immediate famil�� member, an immediate famil�� member ofthe emplo��ee's spouse. or an�• other person
defined b}�the Intemal Revenue Sen�ice as a dependent; and afrer such employee makes wriaen request and
recei��es�vritten approeal from the Fire Chief the emplo}�ee ma}�be allowed the privilege to be absent from
�rork with pa}� for am�scheduled work durine a period of up to five (�)calendar davs, plus reasonable travel
time. Tra��el time will be actual time used not to e�ceed three (3)calendar da��s. Paid absence for the death of
a famil}� member shall be charged to sick lea��e. For purposes of berea��ement lea��e; immediate famih•
includes husband, wife, child, stepchild, brother, stepbrothec sister; stepsister. parent, step-parent or an}�
other person sen�ing as parent, erandmother, grandfather, or an��other person li��ing in the same household as
the emplo�•ee.
ARTICLE 3.0� HOLIDAI'S
I. Scheduled Holida��s
A. Emplo}�ees assiened to the Fire Suppression Di��ision �vill recei��e one hundred t���enn� (120)
hours holida}•pa�� at straieht time ( ]0 hours for each of the 12 holida}�s described belo«�) each
fiscal year. Holida�� pa}� shall consist of appro�imatelv 4.60 hours per pa}� period for each
emplo��ee in the bar�ainine unit. Pro-rated
adlustments ���ill be made for employees of represenred classifications enterin2 or lea��in�the
Fire Suppression Di��ision of the Depanment.
B. Emplo}�ees assigned to di��isions other than Fire Suppression shall accrue 8 hours of holida}�
time for each of three (3) floatin� holida��s and ]0 hours of holida��time for each of ten (]0)
hard holida��s, onl�� if they ���ork a �-10 workweek (four ten-hour days). If said employees
���ork a �-S work w�eek (five eieht-hour davs), they shall accrue 8 hours of holidav time for
each of[he ten (]0) hard holida��s. Compensation will be administered as desienated in the
Resolution No. 2014-226
Page No. 26
Civi] Ser��ice Rules, Chapter 2.00; Section 2.01 (D). (Hard holida}�s are: New Pear's Da��,
Martin Luther Kine s Birthda��; Cesar Cha��ez Day; Memorial Day; Indepe�de�ce Dav. Labor
Da}�, \%eterans Day, Thanksgiving Day; Day Afier Thanksgiving. and Christmas Da�; floating
holidays are: Lincoln's Birthda��. Washington's Birthday; and .4dmission Day.
II. Unscheduled Holidavs
]�9embers of the Fire Department from Fire Fighter throueh the rank of Battalion Chief shall work
unscheduled holida}�s (i.e.; special holidays declared by the President or Go��ernor) at their
regular hourl�� rate of pa}�. lf employees ha��e that da}� off, the�� �+�ill not receive estra
compensation for the uns:,;eduled holiday.
III. Lieht Dun�Davs
The City agrees to designate all hard holidays as `light dun�da��s' for suppression personnel.
t�o mandaton�trainins or meetin2s will be scheduled or conducted on desienated li�ht dun�da}�s.
\'oluntar� trainine or meetines are permissible.
ARTICLE 3.06 ,TLiRI'DUT1'/COURT LEAVE
I. Permanent and probationan�emplo}�ees ti�ho are called to serve on jury duty for any county, state or federal
court shall be entitled to paid lea��e under the follo�+�ing circumstances:
A. The emplo��ee must present to his or her super��isor the cour[ order to appear for jury dury at
]east three weeks prior to the date to report.
B. The emplo��ee must submit a dail�� court authorized stamped time card accounting for all
hours of required service ordered by the court.
C. Ifjun�ser��ice and travel time from court to work is less than five hours (7 hours for person on
a 4/10 plan) in a work day. the employee is expected to remm to work unless a justification
for not retumine to�i�ork is provided and approved, or pre-authorized lea��e is approved.
D. Employees who are required to serve on jury duty on their scheduled da}�s off will not be
compensated for this time and may keep any fees paid by the cou�t.
E. If the emplo��ee is not required to report for jur�� duty on any particular day(s) he or she is then
espected to be at���ork as per the nomial schedule.
F. It is the emplo��ee' s responsibility to inform his or her supervisor on a daily basis if he or she
is required to report forjury duty the follo���ing day. This may include calling the super��isor
afrer or before normal workins hours.
G. Absence due to jun� duq�will be submitted on the Cih� leave form.
H. An employee ���hose work ���eek is other than A4onday through Friday(8:00 a.m. to �:00 p.m.)
may ha��e jur}�duty���ork day adjustments made by his or her supervisor.
IL Court leave is paid Iea��e eranted by the City to enable an employee to fulfill his or her duty as a citizen to
serve as a N�imess in a court action to �vhich the employee is not a party, before a federaL superioc or
municipal court located �vithin San Diego Counp�.
Resolution No. 201�-226
Pase T�'o. 27
Court leave shall be limited to:
A. Required attendance before federal. superioc municipal, and justice couns located��ithin San
Dieeo Counn.
B. Time in aaendance at court toeether ti�ith reasonable tra��el time benveen coutt and work if
attendance is for less than a full da��and the emplo}�ee can reasonably be e�pected to retum to
�'or{:.
C. Coun leave shall not be _;u:,ted��hen the emplo��ee is paid an e�pen wimess fee.
D. The employee must submit to the Cin� an�� pa}�ment recei��ed except travel and subsistence
pa�� for such dun�.
E. Coun lea��e w�ill onl}�be granted [o emplo}�ees ��'ho are not litiganu in a ci��il case nor related
to litisants in a ci��il case or defendants in a criminal case.
F. The Emplo�•ee shall pro�•ide his or her supen�isor ��•ith a cop�� of the lesal subpoena and
pro��ide other documentan�e��idence of service.
G. �l'�hen emplo�•ees are subpoenaed in the line of dutt�they shall be guaranteed a minimum of
nvo hours for each sepazate coun appearance; including travel time.
ARTICLE 3.0 i RELEASE TInIE
l. [Release Time] The Cin�agrees to pro��ide Release Time as set forth in Go��erriment Code section 3�03.3,
but only to the esten[required b�� its terms unless othenvise stated herein. The Cin�resen�es any and all
riehu to challenee or object to for am�reason in any forum or venue anv aspect or term of Government
Code section 3�03.3 and not to apply it as the Cin�; in iu discretion, determines it is not applicable or
lawful.
2. [Procedure] The Release Time Lea��e set forth above shall be subject to the followine. Release Time shall
be pro��ided onl�� for actual time spent in"formal" meetings and for a reasonable period of time. Both
parties must aeree that the meetina is a"formal='meetine prior to such meetins to be eligible for Release
Time. The term '`formal meetines" shall not include informal meetinss or discussions wherein items
within the scope of representation are or ma��be discussed, includine�but not limited to, working groups
or meetines�rhere the parties do not aeree that the meetine is a'`formal meetine." A "formal"meetine
shall mean a meetins required under the D114B.4 to'`meet and confer in eood faith." The term "within the
scope of representation' shall ha�•e the same meanin�as set forth in Go��emment Code section 3�0�. The
tertn "meetine and conferrine in eood faith"shall ha��e the meanin2 set forth in Govemment Code section
3�0�. Release 7ime���ill not be pro��ided for da��s L4FF representatives are not reeularl}�scheduled to
���ork and/or for da��s the��are workine overtime. Release 7 ime shall be calculated in base pa��and shall
not be on an o��ertime basis. In addition, Release Time pro��ided herein ma�� not be banked. Also,
included �ti�ithin `'meetine and conferrine`' is time actuall}�spent meeting �rith the Cin�r4anager(as the
Municipal Emplo��ee Relations Officer) pursuam to section ]4(A) of Emplo��ee-Emplo}�er Labor Relations
Polic��(if said meeting is required) and actual time spent in mediation «�ith the Cit}� (if there�+•as a mutual
Resolution No. 2014-226
Page No. 28 .
aereement to participate in mediation). Release Time shall not encompass Fact-Findine under the MAdBA
(if Fact-Findine is required). The Fire Department ma��remove the requireme�t that a]eave slip is
required and provide for altemace noticins and tracking of Release Time. 1AFF shall proeide reasonable
❑otice of its request for Release Time, ��ith IAFF endeavoring to provide 40 hour advance notice For non-
suppression personnel and 48 hour advance notice for suppression personnel that Release Time H�ill be
requested and identifi�the person(s) who«�ill be tal:ing the Release Time. Only a reasonable number of
designated IAFF representati��es wil] be permitted; generall��up to sis(6) IAFF members constitutins
IAFF's "neeotiating team"on a successor D90U (to the MOU that is set to e�pire on June 30, 2017) and
up to two(2)IAFF members in other circumstances will be considered a"reasonable number." The
number of desienated I.AFF representatives ma��be increased b��mumal Agreement b}�the Cin�and IAFF.
The Human Resources Director shall make determinations if Release Time is required under this Section
and said determination shall be final.
3. The Cin�may permit one hour of additional release time(to be used for IAFF preparation) if a meetin�
under this Section is eapected to last more than four(4) hours. IAFF must request the additional hour with
its required ad��ance notice ofrequest for Release Time. The Human Resources Director shall make
determinations ifthe additional hour ma}�be authorized under this para�raph and said determination shall
be final.
4. ln addition to the activities for���hich Release Time is authorized under Go��emment Code section 3�03.3,
the Fire Chief ma��permit up to nvo (2) hours of Release Time fbr IAFF representatives to attend the
monthly°Labor-D4anaeement D9eetine"with the Fire Chief or their designee. Release Time,pursuant to
this paragraph,���ill be provided in such a manner so that impacts to Fire Department operations are
minimized and ma}�be denied or limited; if the Fire Department determines that Fire Department
operations may be neeatively impacted. IAFF shall work with the Fire Department to minimize impacts to
Fire Department operations, includine but not limited to, being"on cal]" durin�the"Labor-n4anaeement
Meeting" or reducing the number of IAFF representati��es presen[ at the"Labor Mana�ement Meetine."
For purposes of this para�raph. "Labor-A9anaeement Meeting" shall mean that one time per month meeting
���ith the Fire Chief or their desi¢nee that has traditionally been held e��eq�third Tuesda}�of the month
lasting for about 2 hours. lt does not mean or include any other meeting with the Fire Chief or their
desienee, including. but not limited to. informal meetings or other discussions N�herein items���ithin the
scope of representation are or may be discussed.
ARTICLE 3.08 SHIFT E3CI�ANGE
The City agrees to continue to allow the practice of shifr eschanges; subject to the pro��isions of the Fair
Labor Standards Act.
Subject to the Battalion Chiefs appro��al; emplo��ees shall ha��e the right to ��oluntaril;� exchange shifrs or
parts of shifts �vhen che chanee does not interfere ���ith the operation of the Fire Departme�t. In addition to
eachange rank for rank. personnel of a lo���er classification but of qualified rank ma}� be permitted to
exchange shifts. "Pa��backs" of shift trades are the obligation of the employees im�olved in the trade. Pa}�backs
should be completed ���ithin one calendar year of the date of the initial shifr trade. Any dispute as to paybacks is to
be resolved b}�the invoh�ed employees. The Cih� is not responsible in any manner for hours owed to emplo;�ees
b��other emplo��ees who lea��e the employment of the Cit��or are assi�ned other duties.
Resolution No. 2014-226
Pa�e No. 29
.4RTICLE 3.09 Cn�II SER�7CE RL1ES
I. For purpose of this MOli. the Civil Service Rules are incorporated as reference as thoueh set out in full in
this anicle.
II. The Cin� agrees to maintain a current elieibilin�list for Battalion Chief Captain. and Fire Enaineer. The Fire
Department shall, in its sole discretion, deteanine the manner to keep an eligibilin� list current -- either by
promulgatine a new list or b�� extending a current list. Should an eli�ibilin�list espire, the remedy shall be the
expeditious promulgation of a neu� eligibilirv list.
SECTION IV �1'ORhZ�G COi�ui i'iGNS
:1RI'ICLE 4.01 PROHIBITED PR4CTICES
I. Local 21 SO pledges it shall not cause, condone or counsel represented emplo}�ees or am• of them co
strike, fail to full}� and faithfull}�perform duties, slo���down, disrupt, impede or othenvise impair the
normal functions and procedures of the Cin�.
II. Should am�unit emplo}�ees breach the oblieations of Paraeraph 1 durino the term of this D10U, the City
D4anaser or his or her designee shall immediateh�notifi�Local 21 SO that an alleeed prohibited action is
in proeress.
III. Local 2180 shall as soon as possible, and in an��event, ���i[hin eieht«orkine hours disa��o�3� am� strike
or other alleeed prohibited action, shall ad��ise its employees oralh� and in �+•ritine to immediatel}�
retum to work and/or cease the prohibited activin� and provide the City r4anaeer�ti�ith a copy of its
advisement or, alternativel�•, accept the responsibilit�� for the stril:e or other prohibited activin�.
IV. If Local 2180 disavo���s the prohibited activity and takes all positi��e actions set forth in this MOU in
eood faith, the Citv shall not hold Loca] 2180 financiall�� or otherN�ise responsible. The City may
impose penalties or sanctions as the Cin� ma�•appropriatel�� assess against the participants.
V. Should Local Z 1 SO breach its oblieations or any of them under this sec[ion during the term of this
?�40U. it is aereed that the Cin• shall pursue all leeal and administrative remedies a��ailable to the Cin•
that in its discretion it may elect to pursue.
\'I. There shall be no lockout b��the Cin�durine the term of this?�40li.
�1RI'ICLE �.02 EQL�11E\T RESPO\SIBII.IT 1' :�1-D PROPERTI'REPLACE�IE\'T
I. The Cin�«�ill hold emplo}�ees harmless for equipment damaoed or lost, except for acts of neglieence,
��andalism. intoaication or other substance abuse.
II. Anv represented emplo��ee ��•ho, in the normal course of his/her emplo��ment; sujjers damage or
destruction as a resuh thereof [o his/her prescription �lasses or u�nst watch, shall be entitled to
replacement or repair thereof upon in��estieation and recommendation b}' such emplo}�ee's department
head, and approval by the City Alanager, provided such darnase or destruction did not occur as a result
of such emplo}�ee's neelieence. Said reimbursement shall not exceed che reasonable ��alue of functional .
replacement or repair�An employee w�ill be reimbursed up to 52�0 or actual cost �vhichever is
less, for prescription elasses and up to ��0 or acmal cost. u�hichever is less. for �i�atches which are
damased or destro�ed�
Resolution No. 2014-226
Paee No. 30
ARTICLE 4.03 DRI�1T'G ELIGIBILITY
I. ��'hene��er ar� employee drives a��ehicle for Cin� business he or she shall have a valid Califomia Drivers
License. In order to ascertain the validin�of the emplo��ee's licenses, employees must present their drivers
license to their supen�isor upon request The Cin�reserves the rieht to check at any time ti•ith the
Department of D4otor Vehides to determine ifthe license is��alid. ]f an employee's drivers ]icense is
revoked. suspended or othenvise made im�alid che employee must inform his or her super�isor. Failure to
notifi�[he supervisor may result in immediate disciplinary action. An emplo��ee��ho does not posses a
valid Califomia drivers license ���ill be considered for a non-dri��ing position. if one is available in[he
employee's dassification. The non-dri��ing assienment���ill continue for a masimum of sis months if there
is a reasonable expectation the employee will ha��e a valid Califomia dri��ers license at the e�piration of that
time. Estensions to the si.�-month limit�rill be considered on a case-bv-case basis. hoH�e��er. in no case
shall an employee recei��e more than one non-dri��ing assienment in anp three-��ear period. ll'hen no non-
drivin2 assignment is a��ailable; employees must request a leave of absence N�ithout pa}' for sis months or
such time as their license is once aeain��alid. ���hichever is shorter. -
In order to assure that non-dri��ine assienments are pro��ided on a fair and equitable basis.the follo«�ino
procedures shall be observed:
A. Each department���il] determine whether or not it has an}�nomdrivine assianments that can
be filled b}�emplo}�ees ti�ho���ould otherwise have driving assignments.
B. Non-dri��ine assignments will be given on a first come, first served basis. For e�ample, if
two employees in a department have non-ealid dri��ers licenses and there is o�ly one non-driving
assienment, the first emplo��ee H�ho comes forward will be eiven the non-drivine assienment. The
other emplo��ee ma��appl�� for a leave of absence as described above.
IL The follo«�ine shall also apply:
A. Al]Fire Department personnel shall possess, at a minimum, at all times a��alid and current Class C
driver`s license.
B. Firefighters ma��on occasion be required to operate fire apparatus in the course of their duties. In
such circumstances, firefiehters shall be required to possess the appropriate/minimum license required
by DD4V while they operate such fire apparatus, �+�hich currentl}� is a Class C driver`s ]icense «•ith a
firefishter endorsement.
C. Fire engineers aze required to operate fire apparatus in the course of their duties. As such, fire
enaineers shall be required to ha��e and maintain at all times a currendvalid and appropriate/minunum
]icense required b}�Dn9V for the operation of fire apparatus; which currentl}� is a Class C dri��er s
license���i[h a firefishter endorsement.
D. L�FF members shall successfull}�complete all the required DA4VNehicle Code steps, induding
testine and physicals, to obtain the appropriate DMV license for the operation of fire apparams. The
Cin shall pa�� for the costs of the aforementioned ph��sicals. Employees���ith current Firefiehter
Restricted Class B dri��er's licenses are not required to doti�ngrade to a Class C dri��er's license with a
firefiehter endorsement. Howe��er, the}�may do so��oluntari]}�; but in such circumstances the}� shall
bear the costs of such a�•oluntar��, pre-espiration change. includine the cost of required Dn�'
physicals.
Resolution No. 2014-226
Paae No. 31
E. To operate fire appazacus, L4FF members shall also be required to successfullv complete all the
Depaztment required vainine. The Fire Department shal] pro��ide the aforementioned trainine.
F. A$er successful completion of the required D?��' steps to obtain the appropriate license and
required DD4V and/or Department ttaining, the Depattment shall immediatelv and �rithout delav
complete an endorsement if required b��the DI��' to cause the appropriate Dn�R' license for operation
of fue apparams to be issued bp D�4V.
G. F'ue Depanment personnel shall repon am� license suspension or any action���hich impacts the
validin�of their driver's license w t�e;r scpen�isor within 24 hours of such suspension or action or
prior to their neat work shifr, whiche��er is sooner.
H If an IAFF member suffers a license suspension, revocation; or restriction, the Fire Department will
place said member in a non-dri�ing position for the first 30 davs of the suspension, revocation,or
restriction. The 30 day time period ma}�be eatended an additional 30 davs, if the emplo}�ee is
continuing to address the license suspension. re��ocation, or restriction at the related underl��ine��enues,
including but not limited to, criminal proceedine. ci��il proceeding, or adminisvati��e proceeding.
Thereafrer, the provisions ofAnicle 4.03. Section 1, �t�ill appl��.
1. Parasraph H ��ill not preclude.the City from imposing discipline for suspensions; revocations,or
restrictions of more than 30 da��s, or 60 da��s if e�7ended, afrer compliance«�ith Anide�.03, Section I.
In addition. Paragraph H will not preclude the Cin from imposing discipline at an��time for the
underh ing conduct that lead or is related to the license suspension, revocation; or restriction.
aRITCLE �.04 FIT\�SS FOR DUT1' •
The parties agree that ph��sical and mental fimess of Cin•emplo��ees are reasonable requirements to perform
the duties of the job and instill public confidence. Recognizing these important factors, the parties agree that
durine the term of this A40U, the Cit}� ��ith reasonable cause, ma�� require medical and ps}�choloeical
assessments of employees pro��ided the Cit��pa}�s for the assessment and provides time off without loss of
pa} for such assessments. All such assessments shall be done b}� appropriately qualified health caze
professionals. It is understood that the assessment reeimen performed b��the healthcaze professionals shall be
reasonabl��related to the requirements and duties of the job. Any treatmem or remedial action recommended as a
result of[he assessment shall be the full responsibilin�of the emplo��ee; e�cept as othenvise pro��ided b}� Ia�v or as
mav be pro��ided throueh the City` s Emplo��ee Assistance Proeram (E.4P).
�1RTICLE 4.05 CONSIAi\-7'nII,1Z�fU�1 STAF'FL\G LE�'ELS
The City and 14FF Local 21 SO belie��e [hat the current staffine model of Constant�4inimum Staffing
sa��es the Cin�mone��.
I. Constant Dlinimum Staffins (CD1S1
A. Definitions:
Constant Dlinimum StafSng model: The Depanment provides the minimum number of needed
personnel to co��er all seat positions staffed b} the Department. An}� lea��e ��acanc}�that occurs is �
co��ered N�ith o��ertime from those personnel that are off dun�.
Resolution No. 2014-226
Paee No. 32
SupplementaVOvervStaffing model: The Department pro�ides the needed personnel to co��er all
seat positions staffed b��the Depattment. ofien called minimum staffing; but also has additional
personnel on shifr or within a floater pool to cover]eave vacancies.
Minimum Staffing model: The Department provides the needed personnel to cover all seat
positions staffed b��the Department, but does not fill any��acancies. The�•acant position Nill remain
unstaffed until the normall�� assigned employee remrns. This mode] pertains to 40-hour emplo��ees
onlv.
B. Suppression Constant n4inimum Staffine:
The Cip�a2rees to utilize the Constant Mimmum Staffing mode] for staffing a]I Fire Suppression
positions: consistent with the Fire Faciliti�Master Plan. Howevec the Cih and IAFF Loca] 2180
agree[hat there ma��be rare instances�+�here Over Staffine ���ill be needed on a temporan�basis. In
such instances; the Ciq�ma}�backfill via Overstaffine or means other than overtime ���hen the Fire
Chief and lAFF Local 2180 (or their designees)mumally agree. The Parties shall act in good faith in
seeking mutual agreement.
Effective with ratification of this MOU b}� IAFF Local 21 SO and the Cirv Council, the constant
minimum staffine for IAFF Local 2180 represented Fire Suppression employees shall consist of. 38
emplo;�ees per da}�, consistin�of(2) Opera[ional Battalion Chiefs, (I1)Captains, (11)Eneineers,
and (14) Firefighters (including those in the Firefiehter classification and those Firefighters assigned
as paramedics). The above sta�ng shal]be (1) Captain; (1) Engineer, and(1) Firefiehter on
Engines; (1) Captain, (1) Enoineer; and (2)Firefiehters on Trucks; and (1) Captain; (1)Engineer,
and (2) Firefiahters on US.4Rs. If the Cirv decides to place an additional Firefighter to an Engine
due to a erant, it shall raise the constant minimum staffine per day accordinely until che erant is
terminated or the Cih�no longer receives funding for staff.
Constant minimum staffing of apparatus shall be (2) Battalion Chiefs at 1.0; (8)Eneines at 3.0, (Z)
Trucks at 4.0; and (1) USAR at 4.0. The Cih�agrees not to cross-staff an}�combination of Eneines,
Trucks, or USARs; but may cross staffthe follo���ing apparatus���ith an Eneine, Truck, or liSAR:
• "Iype [II Brush Apparatus
• OES T��pe I Engine
• OES Type II USAR Trailer
• MCA ]03 MCI Truck/Trailer.
Any additional apparatus acquired durine the term of this D40U;«�hich is not considered an Eneine,
Truck, or USAR. and N�hich the Citv intends to cross staff ti�ith an Eneine. Truck, or USAR. will
require Meet and Confer ben+�een the Cin�and IAFF Local 2180.
II. Trainine and Pre�•ention Divisions
A. Current Staffine Levels:
i. Trainine Division consists of n��o (2) Fire Captains
ii. Pre��ention Division consists of one (1)Fire Prevention Engineer/Im�estieator: one Q) Senior
Fire Inspectodlnvestieators; and six(6) Fire Inspector/Im�estigator I`s, 11`s, or combination
thereof of Fire Inspector/Im�estisator I or II's. Over the course of the ne�t si�(6)months;
the Fire Department agrees to e��aluate Prevention Di��ision staffing for the positions of Fire
Prevention Eneineedlm�estieator and Senior Fire Inspectodlm�estieator and meet and confer
with IAFF on am� proposed chanees as required under the D��IBA and completion of the
applicable impasse procedures.
Resolution I�'o. 2014-226
Pase No. 33
B. The Cin shall not lavoff L4FF Local 21 SO represented emplo��ees in the Trainine and
Pre��e�tio�Di��isions if it�ill reduce the filled staffma le��els set forth in para�raph.4 durine
the term of the MOU.
C. Paraaraph B shall not appl��and the Cirv ma� effectuate layoffs. if the Cin determines that a
Fiscal Emergenc}�esists and the Cin'Council dedares a Fiscal Emereenc}'. There is no
requirement to bacl:fill vacant positions. If a vacancv occurs, the Cin� shall determine when
and ho�r to fill such ��acancv.
E. This section(Section II) shall not pre��ent the Ciry from increasine the current staffing
levels in Prevencion and Training as set forth in para2raphs A i cE ii abo��e. Pazaoraph B shall
not appl} to increase staffing levels under chis pazagraph and such increased staffmg levels
above those set forth in paraaraphs A i R ii abo��e ma� be reduced at an}�time and for any
reason
ARTICLE �.06 SIATI01 1L.�L�TE1��'CE :�\-D REP�IR
Emplo}�ees represented b��Local 21 SO agree to perform normal fire station mainrenance and repair. '` \ormal
fire station maintenance and repair" shall not indude major construction or reno��ation projects that are
determined bv the Fire Chief to be bevond the capabilitc of the represented emplo�•ees or are projects that
�j�ould seriousl}' interfere «�ith the abilin� of represented emplo��ees to respond to emereencies. The Cin•
asrees to pro��ide materials and equipment necessarv to perform the normal fire station maintenance and
repairs as provided b� this article. The fire station maintenance and repair duties will be performed ben��een
OTO and 1630.
:1RI'ICLE 4.07 SL-BSI',1NCE �BtiSE POLICY
Represented emplo.�ees are subject to the Cin's current Substance Abuse Polic�'.
:1RTICLE �.08 DII2ECT DEPOSII
All represented emplo}ees Hill be required to provide written authorization to the Cin�` s Director ofFinance
to electronicalh deposit their paychecl-s to a financial instimtion of their choice.
ARIICLE 4.09 GRIEV.�NCE PROCEDIIRE
This grie��ance procedure shall be in effect durins the full term of this�4emorandum of Understandin�.
Section 1. PURPOSE. The purposes and objecti��es of the Grie��ance Procedure are to:
(1) Resoh�e disputes arisine from the interpretation, application or enforcement of specific terms
of this �40U.
(2) Encourage the settlement of disagreements informall}�at the emplo��ee-supervisor level and
provide an orderl} procedure to handie grievances through the several supen�isor�• levels
u here necessarv.
Resolution No. 2014-226
Page No. i4
(3) Resolve erievances as quickh• as possible and correct; if possible, the causes of erievances
thereb} reducine the number of grievances and future similar disputes.
Section 3. DEFINITIONS. For the purpose of this grie��ance procedure the followine definitions shall
appl��:
(1) D4anager: The Cin�ManaRer or his/her authorized representative.
(2) Da}�: A calendar day. e�cluding Saturda��s; Sunda��s and hard holidays as described by this
MOli.
(3) Department Head or head of department Chief eaecutive officer of a depar[ment.
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Pase No. 3�
(4) Director of Human Resources: The Director of Human Resources or his/her authorized
representative.
(�) Emplo}�ze: .�n�� officer or regular (not temporan) emplo}�ee of the Cit�, e�cept an elected
official.
(6) Emplo}�ee representative: An indi��idual who speal;s on behalf of the emplo}�ee.
(7) Grievance: A complaint of an employee or eroup of employees arisine out of the application
or interpretation of a specific clause in this r90U.
(8) Immediate super�•isor: The indi��idual �vho assigns, re��iew�s, or d'uects the H�ork of an
emplo}�ee.
(9) Superior: The indi��idual to whom an immediate supervisor repotts.
Section ;. RE\%IE�\'ABLE A\'D NON-REVIE��'ABLE GRIEV,�\�CES.
Q) To be reviewable under this procedure a grievance must:
(a) Concem matters or incidents that ha��e occurred in alleeed �iolation of a specific
clause in this�10li: and
(b) Specif��the relief soueht, �ti�hich relief must be��ithin the po���er of the Cirv to erant in
���hole or in part.
(2) A erie�ance is not re��ie�rable under this procedure if it is a matter which:
(a) Is subject to those resen�ed Cip ?�lanaeement Ri�hts as stipulated under Section �i of
the Emplo��er-Emplo}�ee Relations Polic�� for the Cirv of Chula Vista or under
manaoement rights as specified in this D90U.
(b) Is recie���able under some other administrati��e procedure and/or rules of the Ci��il
Sen�ice Commission such as:
1. .Applications for changes in title,job classification or salan�.
2. .4ppeals from formal disciplinar��proceedin�.
3. ,�ppeals arisina out of Civil Seraice ezaminations.
4. Appeals from work performance evaluations.
�. Appeals that ha��e.4ffirmative Action or ci��il riehts remed�'.
(c) General complaints not directly related to specific clauses of this D90U.
(d) \�'ould require the modification of a polic��established by the City Council or b�� law.
Resolution No. 2014-226
Page No. =6
(e) Relates to am� C�rv eroup insurance or retirement progams.
Section 4. GE?��ERaI PROVISIOi�' OF THE GRIEVANCE PROCEDLTRE.
(1) Grievances may be initiated onh b�� the employee or employees concerned and ma�� not be
pursued without his/her or their consent.
(2) Procedure for Presentation. In presenting his/her grievance; the employee shall fotlo�' the
sequence and the procedure outlined in Section 5.
(3) Prompt Presentation. The emplo}�ee shall discuss his/her erievance with his/her immediate
super��isor withi� fifreen (15) business days after the act or omission of manaeement causi�e the
erie��ance, or ���ithi� fifreen (1�) business days of ��hen the employee. �rith the exercise of
reasonable dilieence, should have discovered the act or omission being erieved.
(4) Prescribed Form. The ���ritten grievance shall be submitted on a form prescribed b}� the
Director of Personne] for this purpose.
(�) Sta2ement of Grievance. The grievance shall contain a statement oE
(a) The specific siwation; act or acts complained of as an MOU violation;
(b) The inequity or dama�e suffered by the emplo�ee; and
(c) The relief sou�ht.
(6) Emplo��ee Representative. The employee may choose someone to represent him/her at an}�
step in the procedure. No person hearine a grievance need recognize more than one
representati��e for an}�employee at any one time, unless he/she so desires.
(7) Handled During \4'orkine Hours. V�'henever possible, grie��ances���ill be handled during the
reeularly scheduled���orking hours of the parties invoh�ed.
(S) Extension of Time. The time limits��ithin which action must be taken or a decision made as
specified in this procedure may be e�tended by mumal written consent of the parties invol��ed.
A statement of the duration of such estension of time must be signed by both parties i�volved
at the step to be e�tended.
(9) Consolidation of Grievances. If the grievance involves a group of employees or if a number
of emplo}�ees file separate erievances on the same matter, the grievances shall, whenever '
possible, be handled as a single grievance.
(10) Settlement. M��complai�t shall be considered settled �rithout prejudice at[he completion of
an}� step if all parties are satisfied or if neither party presents the matter to a hieher authorin-
H�ithi�the prescribed period of time.
(11) Reprisal. The erievance procedure is intended to assure a erievine employee the risht to
present his/her erie��ance���ithout fear of disciplinazy action or reprisal by his/her supervisoc
Resolution\'o. 2014-226
Pase No. 37
superior or depamnent head, pro��ided helshe observes the provisions of this grievance
procedure.
(12) Back pa�. The resolution of a srie��ance shall not include pro��isions for back pa}•retroactive
funher than nvenn� (20) business da��s prior to the date the �rievance is filed. Ho���e��er, if w�ith
the e�ercise of reasonable dilieence the act or omission beine erieved w�as not discovered
within ]0 business da��s of its occurrence, and the srievance is subsequentl�� timelv filed
pursuant to Section IV (3); then the resolution of the grie��ance ma�• include provision for
back pa}� for a macimum period of one��eaz from the date the grievance��as filed.
Section �. GRIEV.4\'CE PROCEDliRE STEPS. The follo��ine procedure shall be follo�j'ed b�� an
emplo}�ee submitting a erie��ance pursuant to polic}:
Step 1 Discussion��ith Supen�isor.
The employee shall discuss his/her erievance H•ith his/her immediate supen�isor
informallv. R'ithin three (3)business da}�s, the supervisor shall eive his/her decision
to the emplo�•ee orall��.
Step 2 \1'ritten Grievance to Superior.
If the emplo��ee and supervisor cannot reach an agreement as to a solution of the
erievance or the emplo��ee has not received a decision ���ithin the three (3) business
days' limit, the emplo��ee ma��within seven (7)business davs present his/her erievance
in �i�ritin2 to his/her supen�isor ��ho shall endorse his/her comments thereon and ,
present it to his/her superior within se��en (i) business da��s. The superior shall hear
the arie��ance and gi��e his/her ���ritten decision to the employee ���ithin se��en (i)
business days after recei��ing the grie��ance.
Step 3 Grie��ance ro Depamnent Head.
If the employee and superior cannot reach an aereement as to a solution of the
erievance or the emplo��ee has not recei��ed a ���ritten decision �rithin the seeen (7)
business da��s' limit the employee ma�• within se��en (7) business da��s present hislher
erie��ance in n�ritine to his/her department head. The depanment head shall heaz the
orie��ance and �ive his/her u�ritten decision to the emplo��ee within seven (7) business
davs afrer recei��ine the erievance.
Step � Grie��ance to Direc[or and Alanaeer.
If the erievance is not settled at the depanment head le��el, it ma��be submitted b��the
Association Representati��e �rithin nvenn'(20)business da}�s to the Personnel Director.
��ho shall in��estieate and repon his/her findinss and recommendations to the Cin
�4anager within ten (10) business da}�s. The Cin D9anager shall provide his/her
ans�i�er within ten(10) additional business da��s. The times indicated ma}�be eatended
bv mumal asreement. Am� Emplo}�ee erievance will be filed ���ith the .Association
Representati��e at Step 4.
Follo«•ine the submission of the Citv A9anaeer's ans�;�ec and before goine to Section 6,
Ad��ison�Arbitration. matters���hich are unresoh�ed shall be discussed at a meeting ben��een
the parties during �rhich all pertinent facts and information will be re��ie�ved in an effon to
resol��e[he maner throuoh conciliation.
Resolution No. 2014-226
Page No. 38
Section 6. 4DVISORI' .ARBITR4TIOI�i.
.An�� dispute or grie��ance which has not been resol��ed b�� the Grievance Procedure may be
submitted to adcison� arbitration by the.4ssociation Representative or the Citv���ithout the
consent ofthe other pam�pro��idine it is submitted within ten (10) business days_ followine its
termination in the Grievance Procedure. The followine Advison�Arbitration procedures shall
be followed:
(1) The requesting pam �rill notifi�the other pam� in writing ofthe matter to be arbivated and the
contract provision(s) allegedh� ��iolated. \�'ithin five (�) business da��s of the receipt of this
❑otice. the parties mar aeree upon an arbitrator, or a panel of three arbitrators trained in
conductine srie��ance hearines.
If asreement on an arbivator cannot be reached the State Department of Industrial Relations
shall be requested b�� either or both parties to pro��ide a list of fi��e arbitrators. Both the Cit�
and the Association shall ha��e the rieht to strike two names from the list. The pam�
requesting the arbitration shall strike the first name;the other party shall then strike one name.
The process will be repeated and the remaining person shall be the arbitrator.
(2) The arbitrator shall hear the case within hvenh� (20) business days afier the arbivator has been
selected. The arbitrator may make a���ritten report of their findings to the Association and the
Cih� ���ithin fifreen (1�) business da�s after the hearing is concluded. The arbitrator shall
make rules of procedure. The decision of the arbitrator shall be advisoq�to the Cin�D4ana�er
who shall render a final decision���ithin ten (10)business days.
The arbitrator shall have no authorim to amend, alter or modify this n�OU or its terms and
shall ]imit recommendations solely to the interpretation and application of this MOU. The
above time limits of this provision may be eatended by mutual agreemen[.
(3) Each erie��ance or dispute �a�ill be submitted to a separately convened arbitration proceedino
except���hen the City and the Association mutually agree to ha��e more than one erievance or
dispute submitted to the same arbitrator.
(4) The City and the Association shall share the espense of arbitrators and w�itnesses and shall
share equall�� any other expenses, including those of a stenographer, if required b�� either
pam. If either part}�elects not to folloN�the advison� decision rendered by the arbitratoc that
pam� shall pay the entire cost of the arbitration process, including the eapense of the
arbitrator. �vimesses and/or stenographer.
(Sienamre paee to follo���.)
Resolution No. 2014-226
Paee I�'o. 39
SIG\ATLZtE PAGE TO?�40li BET�3"EEN TEff CITI` OF CHL1.:� �7S7 A A\"D LOC.4L 2180. LAFF..4FL-CIO.
?�O��ENIBER 18.2014 TO JL'T� 30.ZOl i
Fo;the Cin: For L�FF:
Garv Halber� John Hess.
Cin'�9anaeer President L�FF Local 21SO
Cin�Of Chula Vista Chief�eeotiator
Kelle�� Ii. Bacon.
Depun�Cip�r4anaeer
Chief Neeotiator
Cirv Of Chula\'is�a