HomeMy WebLinkAbout2021-029 MOU Atas. Professional FirefightersCITY OF ATASCADERO
CONTRACT NUMBER:
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO PROFESSIONAL FIREFIGHTERS
LOCAL 3600
AND
CITY OF ATASCADERO
JULY 1, 2021 — June 30, 2024
Firefighters' MOO 2021-2024 Nage 1
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
This Memorandum of Understanding is made and entered into between the City of Atascadero,
hereinafter referred to as the "City" and the Atascadero Professional Firefighters Local 3600,
hereinafter referred to as the "Association" pursuant to California Government Code Section 3500,
et seq. and the City's Employer - Employee Relations Policy. The purpose of this Memorandum
of Understanding (MOU) is the establishment of wages, hours and other terms and conditions of
employment.
The City and Association agree that the provisions of this MOU shall be applied equally to all
employees covered herein without favor or discrimination because of race, creed, color, sex, age,
national origin, political or religious affiliations or association memberships. Whenever the
masculine gender is used in this MOU, it shall be understood to include the feminine gender.
SECTION 1.2 RECOGNITION
a. The City of Atascadero recognizes the Association as the recognized and exclusive
representative for the following positions:
Firefighter Classification
• Firefighter
• Firefighter/ Specialist I
• Firefighter/ Specialist II
• Firefighter/ FEO
• Firefighter/ FEO/ Specialist I
• Firefighter/ FEO/ Specialist II
• Firefighter/ Paramedic
• Firefighter/ Paramedic/ Specialist I
• Firefighter/ Paramedic/Specialist II
• Firefighter/ FEO/ Paramedic
• Firefighter/ FEO/ Paramedic/ Specialist I
• Firefighter/ FEO/ Paramedic/Specialist II
Fire Engineer Classification
• Fire Engineer
• Fire Engineer/ Specialist I
• Fire Engineer/ Specialist II
• Fire Engineer/ OIC
• Fire Engineer/ OIC/ Specialist I
• Fire Engineer/ OIC/ Specialist II
• Fire Engineer/ Paramedic
• Fire Engineer/ Paramedic/ Specialist I
• Fire Engineer/ Paramedic/ Specialist II
• Fire Engineer/ OIC/ Paramedic
Firefighters' MOU 2021-2024 Page 2
• Fire Engineer/ OIC/ Paramedic/ Specialist I
• Fire Engineer/ OIC/ Paramedic/ Specialist II
Fire Captain Classification
• Fire Captain
• Fire Captain/ Specialist I
• Fire Captain/Specialist II
• Fire Captain/Paramedic
• Fire Captain/Paramedic/ Specialist I
• Fire Captain/Paramedic/ Specialist II
For purposes of this MOU, positions with a FEO, OIC, Paramedic and/or Specialist designation
are hereinafter included in any reference to Firefighter, Fire Engineer, and Fire Captain.
b. This recognition is exclusive of management employees and temporary employees.
c. The City agrees to meet and confer and otherwise deal exclusively with the Association on all
matters relating to the scope of representation under the Meyers-Milias-Brown Act
(Government Code Section 3500, et seq.), and as provided under the City's Employer -
Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found invalid, unconstitutional, unlawful, or
unenforceable by reason of any existing or subsequently enacted constitutional or legislative
provision shall be severed, and all other provisions of the Agreement shall remain in full force
and effect for the duration of the Agreement.
b. In the event that any provision of the MOU should be found invalid, unconstitutional, unlawful
or unenforceable, the City and the Association agree to meet and confer in a timely manner in
an attempt to negotiate a substitute provision. Such negotiations shall apply only to the severed
provision of the Agreement and shall not in any way modify or impact the remaining provisions
of the existing MOU.
SECTION 1.4 SOLE AGREEMENT
a. The City and the Association agree that to the extent that any provision addressing wages,
hours, and terms and conditions of employment negotiable under the Meyers-Milias-Brown
Act found outside this MOU and are in conflict thereof, this MOU shall prevail.
b. If, during the term of the MOU, the parties should mutually agree to modify, amend, or alter
the provisions of this MOU in any respect, any such change shall be effective only if and when
reduced to writing and executed by the authorized representatives of the City and the
Association. Any such changes validly made shall become part of this MOU and subject to its
terms.
Firefighters' MOU 2021-2024 Page 3
SECTION 1.5 FULL FORCE AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of
bargaining under the Meyers-Milias-Brown Act, including those set in this MOU, shall remain
in full force and effect during the term of this MOU unless changed by mutual agreement.
b. The City will abide by the Meyers-Milias-Brown Act where and when it applies to the
Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 ASSOCIATION RIGHTS
The Association shall have the following rights and responsibilities:
a. Reasonable advance notice of any City ordinance, rule, resolution, or regulation directly
relating to matters within the scope of representation proposed to be adopted by the City
Council.
b. Reasonable use of one bulletin board at all Fire Department stations.
c. The right to payroll deductions made for payments or organization dues and for City approved
programs.
d. The use of City facilities for regular, normal and lawful Association activities, providing that
approval of the City Manager or his/her designee has been obtained.
e. Reasonable access to employee work locations for officers of the Association and their
officially designated representatives for the purpose of processing grievances or contacting
members of the organization concerning business within the scope of representation. Access
shall be restricted so as not to interfere with the normal operations of any department or with
established safety or security requirements.
SECTION 2.2 CITY RIGHTS
a. The authority of the City includes, but is not limited to, the exclusive right to determine the
standards of service; determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause'; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, staffing and personnel by which
governmental operations are to be conducted; determine the content of job classifications; take
all necessary actions to cavy out its mission in emergencies; exercise complete control and
discretion over its organizations and the technology of performing its work provided, however,
that the exercise and retention of such rights does not preclude employees or their
representatives from consulting or raising grievances over the consequences or impact that
decisions on these matters may have on wage, hours and other terms of employment.
Firefighters' MOU 2021-2024 Page 4
SECTION 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize and acknowledge that the services performed by the City
employees covered by this Agreement are essential to the public health, safety and general
welfare of the residents of the City of Atascadero. Association agrees that under no
circumstances will the Association recommend, encourage, cause or promote its members to
initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-
down, stay -in, sick-out, slow -down, or picketing (hereinafter collectively referred to as "work -
stoppage") in any office or department of the City, nor to curtail any work or restrict any
production, or interfere with any operation of the City. In the event of any such work stoppage
by any member of the bargaining unit, the City shall not be required to negotiate on the merits
of any dispute which may have risen to such work stoppage until said work stoppage has
ceased.
b. In the event of any work stoppage, during the term of this MOU, whether by the Association
or by any member of the bargaining unit, the Association by its officers, shall immediately
declare in writing and publicize that such work stoppage is illegal and unauthorized, and further
direct its members in writing to cease the said conduct and resume work. Copies of such
written notices shall be served upon the City. If, in the event of any work stoppage, the
Association promptly and in good faith performs the obligations of this paragraph, and
providing the Association has not otherwise authorized, permitted or encouraged such work
stoppage, the Association shall not be liable for any damages caused by the violation of this
provision. However, the City shall have the right to discipline, up to and including discharge,
any employee who instigates, participates in, or gives leadership to, any work stoppage activity
herein prohibited, and the City shall also have the right to seek full legal redress, including
damages, against any such employees.
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
twenty-eight (28) days for all full-time permanent sworn safety positions. All hours worked in
excess of the employee's regularly recurring work schedule shall be paid at the overtime rate
of one and one-half of the employee's regular rate of pay.
b. Definition of Shift Employees
Shift employees are assigned to positions which duties are performed on a twenty-four (24)
hour day, seven (7) days a week basis, and include:
Firefighter
Fire Engineer
Fire Captain
Firefighters' MOU 2021-2024 Page 5
SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay.
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime
credit computed at time and one-half at the mutual convenience of the Fire Department and the
employee. Employees may accumulate up to six (6) shifts (144 hours) of Compensatory Time.
d. Scheduling Compensatory Time Off (CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing
levels.
e. Compensatory Time (CT) Payoff
CT may be paid off at the option of the employee. The payoff shall be included in the next
regularly scheduled bi-weekly payroll period following the request.
SECTION 3.3 CALLBACK PAY
Employees who are called to duty at a time they are not working shall be compensated a minimum
compensation of two (2) hours at time and one-half rate of pay.
SECTION 3.4 STANDBY TIME
a. Employees assigned standby duty shall receive twenty-five dollars ($25.00) for each day of
standby duty. A day is defined as a 24-hour period.
b. Employees responding to work from standby shall receive time and one-half pay with a
minimum of one hour and twenty minutes once called back. Employees responding to work
as a result of an emergency callback request shall receive time and one-half pay with a
minimum of two hours pay.
c. Employees on standby status shall monitor both radio and alpha numeric pages at all times;
and be able to respond to the predetermined duty assignment within twenty minutes from the
time of notification.
SECTION 3.5 ON THE JOB MEDICAL TREATMENT
Employees shall make reasonable efforts to schedule all medical treatment related to the on-the-
job injuries during non-scheduled work hours. For medical treatment related to on-the-job
injuries scheduled during work hours, the employee shall be required to use sick leave or other
paid leave time to cover any time absent from the scheduled work except in the following
circumstances:
When required to be paid 4850 time in accordance with workers compensation law; or
Firefighters' MOU 2021-2024 Page 6
When working a light duty shift, such that scheduling medical treatment during non-
scheduled work hours is not practical (i.e. Monday through Friday 40/hr. week), absences
related to medical treatment for on-the-job injuries that are required during scheduled
work hours shall be paid time; or
When an employee is required, by a supervisor or by the Human Resources Official, to
receive medical treatment or evaluation during scheduled work hours, that time shall be
paid time.
Medical appointments during normal scheduled work hours should be coordinated with the
employee's supervisor so the best interests of the department are maintained.
Any paid time for an absence related to medical treatment related to an on-the-job injury should
be noted on the employee's time card. At no point will the employee be compensated for
medical appointments that are not during his/her normal work shift; nor will employees receive
overtime for attending medical appointments.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This three (3) year agreement shall provide salary increases according to the following formula
and schedule:
Firefighters' MOU 2021-2024 Page 7
Year 1- Effective July 1, 2021 all employees covered under this MOU shall receive a 5.0% (five
point zero percent) salary increase to base pay. The following monthly salaries become effective
July 1, 2021:
MONTHLY SALARY
Effective July 1, 2021
CLASSIFICATION
STEP A I
STEP n
STEP C
STEP D I
STEP E
Firefighter
5,782.50
6,071.63
6,375.21
6,693.97
7,028.67
FirefighterSpecialist 1
5,840.33
6,132.35
6,438.97
6,760.92
7,098.97
Firefighter Secialist 11
5,898.15
6,193.06
6,502.71
6,827.85
7,169.24
Firefi hter/FEO
5,898.15
6,193.06
6,502.71
6,827.85
7,169.24
Firefi hter/FFA/S ecialist 1
5,955.98
6,253.78
6,566.47
6,894.79
7,239.53
Firefi hter/FFO/S ecialist II
6,013.80
6,314.49
6,630.21
6,961.72
7,309.81
Firefighter/Paramedic
6,360.75
6,678.79
7,012.73
7,363.37
7,731.54
Firefighter/Paramedic/Specialist 1
6,418.58
6,739.51
7,076.49
7,430.31
7,801.83
Firefi hter/Pammedic/S ecialist ll
6,476.40
6,800.22
7,40.23
7,497.24
7,872.10
Firefihter/Paramedic/FEO
6,476.40
6,800.22
7,40.23
7,497.24
7,872.10
Firefihter/Paamdic/FEO/S ecialist 1
6,534.23
6,860.94
7,203.99
7,564.19
7,942.40
Firefihter/Pammdic/FEO/S ecialist II
6,592.05
6,921.65
7,267.73
7,631.12
8,012.68
Engineer
6,223.41
6,534.58
7,204.38
7,564.60
Fire Engineer Specialist 1
6,285.64
6,599.92
9Fire
6,929.92
7276.42
7,640.24
Fire Fn ineer Specialist 11
6,347.88
6,665.27
6,998.53
7,348.46
7,715.88
Fire Engineer/OIC
6,347.88
6,665.27
6,998.53
7,348.46
7,715.88
Fire En ineer/OIC/S ecialist I
6,410.11
6,730.62
7,067.15
7,420.51
7,791.54
Fire En ineer/OIC/S ecialist n
6,472.35
6,795.97
7,135.77
7,492.56
7,867.19
Fire Engineer/Paramedic
6,845.75
7,188.04
7,547.44
7,924.81
8,321.05
Fire En ineer/Paramedic/S ecialist I
6,907.99
7,253.39
7,616.06
7,996.86
8,396.70
Fire En ineer/Paramedic/S ecialist It
6,970.22
7,318.73
7,684.67
8,068.90
8,472.35
Fire Engineer/Paramedic/OIC
6,970.22
7,318.73
7,684.671
8,068.90
8,472.35
Fire Engineer/Paramedic/OIC/Specialist I
7,032.45
7,384.07
7,753.27
8,140.93
8,547.98
Fire En ineer/Paramedic/OILS ecialist 11
7,094.69
7,449.42
7,821.89
8,212.98
8,623.63
Fire Captain
7,380.10
7,749.11
8,136.57
8,543.40
8,970.57
Fire Captain Specialist I
7,453.90
7,826.60
8,217.93
8,628.83
9,060.27
FireCa tain Specialist u
7,527.70
7,904.09
8,299.29
8,714.25
9,149.96
Fire Captain/Paramedic
8,118.11
8,524.02
8,950.22
9,397.73
9,867.62
Fire Ca tain/Pammedic/S ecialist I
8,191.91
8,601.51
9,031.59
9,483.17
9,957.33
Fire Ca tain/Pammedic/S ecialist II
8,265.71 1
8,679.00
9,112.95 1
9,568.60
10,047.03
Firefighters' MOU 2021-2024 Page S
Year 2 - Effective July 1, 2022, all positions covered under this MOU shall receive a 4.0% (four
point zero percent) salary increase to base pay. The following monthly salaries become effective
July 1, 2022:
MONTHLY SALARY
Effective July 1, 2022
CLASSIFICATION
STEP A
STEP B
STEP C
STET' U
STEP E
Firefighter
6,013.80
6,314.49
6,630.21
6,961.72
7,309.81
Firefighter Specialist I
6,073.94
6,377.64
6,696.52
7,031.35
7,382.92
FirefighterSpecialist 11
6,134.08
6,440.78
6,762.82
7100.96
7,456.01
Fhefihter/FEO
6,134.08
6,440.78
6,762.82
7,100.96
7,456.01
Firefihter/FFA/S ecialist 1
6,194.21
6,503.92
6,829.12
7,170.58
7,529.11
Firefi hter/FFA/S ecialist 11
6,254.35
6,567.07
6,895.42
7,240.19
7,602.20
Firefighter/Paramedic
6,615.18
6,945.94
7,293.24
7,657.90
8,040.80
Firefi hter/Paramedic/S ecialist 1
6,675.32
7,009.09
7,359.54
7,727.52
8,113.90
Firefihter/Paramedic/S ecialist 11
6,735.46
7,072.23
7,425.84
7,797.13
8,186.99
Firefighter/Paramedic/FFA
6,735.46
7,072.23
7,425.84
7,797.13
8,186.99
Firefi hter/Paramedic/FEO/S ecialist1
6,795.59
7,135.37
7,492.14
7966.75
8,260.09
Firefi hter/Paramedic/FEO/S ecialist Il
6,855.73
7,198.52
7,558.45
7,936.37
8,333.19
Fire Engineer
6,472.36
6,795.98
7,135.78
7,492.57
7,867.20
Fire Engineer Specialist I
6,537.08
6,863.93
7,207.13
7,567.49
7,945.86
Fire Engineer Specialist B
6,601.81
6,931.90
7,278.50
7,642.43
8,024.55
Fire Engineer/OIC
6,601.81
6,931.90
7,278.50
7,642.43
8,024.55
Fire En ineer/OIC/S ecialist 1
6,666.53
6,999.86
7,349.85
7,717.34
8,103.21
Fire En ineer/OIC/S ecialist II
6,731.25
7,067.81
7,421.20
7,792.26
8,181.87
Fire Engineer/Paramedic
7,119.60
7,475.58
7,849.36
8,241.83
8,653.92
Fire En ineer/Paramedic/S ecialist I
7,184.32
7,543.54
7,920.72
8,316.76
8,732.60
Fire En ineer/Paramedic/S ecialist 11
7,249.04
7,611.49
7,992.06
8,391.66
8,811.24
Fire Engineer/Paramedic/OIC
7,249.04
7,611.49
7,992.06
8,391.66
8,811.24
Fire Fn ineer/Paramedic/OIC/S ecialist 1
7,313.77
7,679.46
8,063.43
8,466.60
8,889.93
Fire En ineer/Paramedic/OILS ecialist II
7,378.49
7,747.41
8,134.78
8,541.52
8,968.60
Fire Captain
7,675.30
8,059.07
8,462.02
8,885.12
9,329.38
Fire Captain Specialist I
7,752.05
8,139.65
8,546.63
8,973.96
9422.66
FireCa tain Specialist 11
7,828.81
8,220.25
8,631.26
9,062.82
9,515.96
Fire Captain/Paramedic
8,442.83
8,864.97
9.308.22
9,773.63
10,262.31
Fire Ca tain/Paramedic/S ecialist 1
8,519.58
8,945.56
9,392.84
9,862.48
10,355.60
Fire Captain/Paramedic/Specialist II
8,596.34
9,026.16
9,477.471
9,951.34 1
10,448.91
Firefighters' MOU 2021-2024 Page 9
Year 3 - Effective July 1, 2023, all positions covered under this MOU shall receive a 3.5% (three
point five percent) salary increase to base pay. The following monthly salaries become effective
July 1, 2023:
MONTHLYSALARY
Effective July 1, 2023
CLASSIFICATION
STEP A
STEP B
STEP C
STEP D
STEP E
Firefighter
6,224.28
6,535.49
6,862.26
7,205.37
7,565.64
Firefighter Specialist I
6,286.52
6,600.85
6,930.89
7,277.43
7,641.30
Firefighter Secialist 11
6,348.77
6,666.21
6,999.52
7,349.50
7,716.98
Firefi hter/FEO
6,348.77
6,666.21
6,999.52
7,349.50
7,716.98
F refi hter/FFA/S ecialist I
6,411.01
6,731.56
7,068.14
7421.55
7,792.63
Firefi hter/FFA/S ecialist 11
6,473.25
6,796.91
7,136.76
7,493.60
7,868.28
Firefighter/Paramedic
6,846.71
7,189.05
7,548.50
7,925.93
8,322.23
Firefighter/Paramedic/Specialist I
6,908.95
7,254.40
7,617.12
7,997.98
8,397.88
Firefi hter/Paramedic/S ecialist 11
6,971.19
7,319.75
7,685.74
8,070.03
8,473.53
Firef hter/Paramedic/FEO
6,971.19
7,319.75
7,685.74
8,070.03
8,473.53
Firefi hter/Pamniedic/FEO/S ecialist 1
7,033.44
7,385.11
7,754.37
8,142.09
8,549.19
Firefihter/Paramedic/FEO/S ecialist II
7,095.68
7,450.46
7,822.98
8,214.13
8,624.84
Fire Engineer
6,698.88
7,033.82
7,385.51
7,754.79
8,142.53
Fire Engineer Specialist I
6,765.87
7,104.16
7,459.37
7,832.34
8,223.96
Fire Engineer Specialist Il
6,832.86
7,174.50
7,533.23
7,909.89
8,305.38
Fire Fn weer/OIC
6,832.86
7,174.50
7,533.23
7,909.89
8,305.38
Fire Fn ineer/01OS ecialist 1
6,899.85
7,244.84
7,607.08
7,987.43
8,386.80
Fire En ineer/OILS ecialist Il
6,966.84
7,315.18
7,680.94
8,064.99
8,468.24
Fire Engineer/Paramedic
7,368.77
7,737.21
8,124.07
8,530.27
8,956.78
Fire En ineer/Paramedic/S ecialist 1
7435.76
7,807.55
8,197.93
8,607.83
9,038.22
Fire Engineer/Paramedic/Specialist 11
7,502.75
7,877.89
8,271.78
8,685.37
9,119.64
Fire Engineer/Paramedic/OIC
7,502.75
7,877.89
8,271.78
8,685.37
9,119.64
Fire En ineer/Paramedic/OIC/S ecialist I
7,569.73
7,948.22
8,345.63
8,762.91
9201.06
Fire En ineer/Paramedic/01C/S ecialist II
7,636.72
8,018.56
81419.49
8840.46
9282.48
Fire Captain
7,943.92
8,341.12
8,758.18
9,196.09
9,655.89
Fire Captain Specialist I
8,023.36
8,424.53
8,845.76
9,288.05
FireCa tam Specialist 11
8,102.80
8,507.94
8,933.34
9,380.019,849.01
Fire Ca tam/Paramedic
8,738.31
9,175.23
9,633.99
10,115.6910,621.47
Fire Ca tain/Paramedic/S ecialist 1
8,817.75
9,258.64
9,721.57
10,207.6510,718.03
Fie Ca tain/Paamedic/S ecialist ❑
8,897.19
9,342.0
9,809.15
10,299.61
10,814.59
a. Steps B, C, D, and E may be paid upon completion of twelve months of employment at the
preceding step where the employee has demonstrated at least satisfactory job progress and
normally increasing productivity, and upon recommendation of the Department Head and
approval of the City Manager.
b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties
shall receive ten percent (10%) more in base salary than those positions within the same
classification without paramedic duties.
Firefighters' MOU 2021-2024 Page 10
c. Employees who are assigned to Fire Equipment Operator (FEO) duty (as outlined in Section 6.4
below) shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as FEO.
d. Employees who are assigned to Officer in Charge (OIC) duty (as outlined in Section 6.5 below)
shall receive two percent (2%) more in base salary than those positions within the same
classification which are not appointed as OIC.
e. Employees who are assigned to Specialist I duty (as outlined in Section 6.6 below) shall receive
one percent (10/6) more in base salary than those positions within the same classification which
are not appointed as a Specialist L
f. Employees who are assigned to Specialist II duty (as outlined in Section 6.6 below) shall receive
two percent (2%) more in base salary than those positions within the same classification which
are not appointed as a Specialist II.
SECTION 4.2 EDUCATION INCENTIVE PAY
Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related
educational expenses for attending college or other professional training, providing the coursework
is job-related and the employee received a passing grade.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees
Retirement System (CalPERS).
CLASSIC MEMBERS TIER 1
Sworn Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50 Benefit
Formula (Government Code Section 21362.2), Final Compensation 1 Year (G.C. Section
20042) and Unused Sick Leave Credit (G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member employees will pay the employee
contribution of 9% (nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
CLASSIC MEMBERS TIER 2
Sworn Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired between July 14, 2012 and December 31, 2012, and Sworn Safety Member
Firefighters' MOU 2021-2024 Page 11
employees hired on or after January 1, 2013 who meet the definition of a Classic Member
under CalPERS, are provided benefits pursuant to the 3% @ 55 Benefit Formula (G.C.
Section 21363.1), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick
Leave Credit (G.C. Section 20965).
The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution
of 9% (nine percent). Sworn Safety Member employees the employee contribution of 9%
(nine percent).
Sworn Safety Members shall also contribute an additional 3% (three percent) of cost
sharing toward the employer rate pursuant to Section 20516. These contributions are
credited to each member's account as normal contributions. The contributions are made
on a pre-tax basis as allowed under Internal Revenue Service Code Section 414 (h) (2) or
as otherwise permitted by law.
NEW MEMBERS TIER 3
Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA),
Swom Safety Member employees including Firefighters, Fire Engineers, and Fire Captains
hired on or after January 1, 2013 who meet the definition of a CalPERS new member under
PEPRA are provided benefits pursuant to the 2.7% @ 57 Benefit Formula (G.C. Section
7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037). The Swom Safety
Member employee will pay a member contribution rate of 50% (fifty percent) of the
expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level
Four (4) of the 1959 Survivor's Benefit. The employees shall pay the monthly cost of the
benefit.
c. Qualifying employee contributions shall be contributed to CalPERS on a pre-tax basis to the
extent permitted by law.
d. The City shall provide the Military Service Credit as Public Service(Section 21024 of the
Government Code) and Military Service Credit for Retired Persons (Section 21027 of the
government Code), provided there is no direct cost to the City.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero
Personnel System Rules. It is agreed that nothing herein shall be construed as providing any
vested right, monetary or otherwise, to any unused sick leave existing at time of discharge or
voluntary separation from City service, except at time of retirement in accordance with the City's
Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the
accumulation.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without
Firefighters' MOU 2021-2024 Page 12
explanation. These hours are not intended as vacation time and may not be used to extend
vacations.
d. Employees with 576.16 or more hours of accumulated sick leave shall be eligible for the Stay
Well Bonus. The Stay Well Bonus will be implemented as follows:
1. The sick leave pay-off will occur during fifty-two (52) week period beginning the first day
after the second pay period in October and ending on the last day of the second pay period
in October of the following year after an employee has accumulated and maintained 576.16
hours of sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 144.04 hours).
3. Checks will be prepared by December 15 of each year.
SECTION 4.5 LONGEVITY EXCLUSIVELY AS SECTION 457 CONTRIBUTION
a. For those active employees that have attained 10 years of continuous full time employment,
the City, consistent with sections (b) through (f) below, shall deposit funds into a separate
deferred compensation plan Section 457 account for each employee in the following
amounts:
i. Fiscal Year 2021-2022: $50 for each whole year of continuous full-time
employment with the City
ii. After July 1, 2022: $100 per year for each whole year of continuous full-time
employment with the City
b. Only employees who have received an overall rating of "satisfactory" or better on their last
evaluation on file will be eligible for the longevity 457 contribution.
c. Whole years of full time employment shall be determined on September I" of each year
for each active employee.
d. Fractions of a year will be rounded down to the nearest whole year.
e. For Fiscal Year 2021-2022, deposit into the deferred compensation account shall be made
in one lump sum no later than 60 days after execution of this MOU. Thereafter, deposit
into the deferred compensation account shall be made in one lump sum annually no later
than the second pay period in September.
f. Based on title 2 of the California Code of Regulations Section 571, the annual City deferred
contribution for longevity into the separate deferred compensation plan, will not be
considered special compensation, will not be reported to CalPERS as compensation and
will not be considered as compensation when calculating an employee's retirement
benefits. In the event that Ca1PERS at some time in the future determines that the longevity
Section 457 Contribution meets the definition of "Special Compensation", both parties
agree to reopen negotiations related to the financial impacts and implementation of this
issue.
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SECTION 4.6VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows:
Years of Service
Less than 3 years
3 years completed
5 years completed
7 years completed
9 years completed
11 years completed
15 years completed
20 years completed
Accrual Rate
5.00 shifts/yr or 4.61 hrs/pp
5.60 shifts/yr or 5.17 hrs/pp
6.53 shifts/yr or 6.03 hrs/pp
7.59 shifts/yr or 7.01 hrs/pp
8.40 shifts/yr or 7.75 hrs/pp
9.33 shifts/yr or 8.61 hrs/pp
10.26 shifts/yr or 9.47 hrs/pp
11.20 shifts/yr or 10.34 hrs/pp
The above schedule is based on frill -time employment.
b. Employees shall be entitled to vacation leave consistent with the City Personnel System
Rules.
c. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire
Chief subject to the needs of the City.
SECTION 4.7 HOLIDAYS
a. Employees shall receive five and 6/10 (5.6) shifts annually or 5.17 hours bi-weekly. Said
holidays shall be credited in accordance with procedures established by the Personnel Officer.
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee
with the approval of the Fire Chief.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System
Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non -Fire
suppression personnel or two (2) shifts of bereavement leave for Fire suppression personnel for
bereavement purposes. Bereavement purposes include (1) the death of a member of the employee's
immediate family, and (2) the critical illness of a member of the employee's immediate family
where death appears to be imminent. The amount of bereavement leave provided under this section
is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, "immediate family" means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
Firefighters' MOU 2021-2024 Page 14
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other. Twenty-four (24) hours or two (2) shifts of the paid absence shall be considered
"bereavement leave", and any remaining time shall be from other paid time off available to the
employee.
When an employee has exhausted the bereavement leave provided in this section, the employee
may submit a request to his/her Department Head and request additional time off work. If
approved, the employee must use their other accrued paid leave. The employee may elect which
accrued paid leave he/she shall use during the additional leave. However, the employee may not
use more than forty-eight (48) hours or two (2) shifts of accrued sick leave for bereavement
purposes. If the additional leave approved by the Department Head is longer than forty-eight (48)
hours or two (2) shifts, the employee is required to use accrued paid leave other than sick leave.
SECTION 4.9 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. All
employees entitled to military leave shall give the appointing power an opportunity within the
limits of military regulations to determine when such leave shall be taken.
SECTION 4.10 COMMON MESS ARRANGMENT
Unit employees under a common mess arrangement, agree to contribute to congregate meals at
the station house in the amount required to cover the cost of those meals, irrespective of whether
the employee chooses to eat the meal.
SECTION 4.11 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of
the top two non-English languages as defined by the U.S. Census. A testing mechanism mutually
agreed to by both parties will be created to assess language abilities before qualifying for the
incentive.
ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. Effective January 1, 2021, for unit members who elect to have "Family" coverage, the City
shall pay an amount not to exceed $2,029.34 per month for employees electing Family
coverage.. The City contribution shall go toward the cost of all medical, dental, vision and life
insurance benefit premiums for the unit member employee and dependents. City shall pay for
increased costs to medical, dental, vision and life insurance premiums for the employee and
fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
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b. Effective January 1, 2021 for unit members who elect to have `Employee +1" coverage, the
City shall pay a an amount not to exceed $1,507.65 per month for employees electing
Employee +1 coverage and. The City contribution shall go toward the cost of all medical,
dental, vision and life insurance benefit premiums for the unit member employee and
dependent. City shall pay for increased costs to medical, dental, vision and life insurance
premiums for the employee and fifty percent (50%) of increased costs for the dependent based
upon HMO plan costs.
c. Effective January 1, 2021, for unit members who elect to have "Employee Only" coverage, the
City shall pay an amount not to exceed $1,149.57 per month for employees electing Employee
Only coverage. The City contribution shall go toward the cost of all medical, dental, vision
and life insurance benefit premiums for the unit member employee. City shall pay for increased
costs to medical, dental, vision and life insurance premiums for the employee based upon HMO
plan costs.
For unit members who elect to have "Employee Only" coverage, available funds remaining
from the City's contribution toward insurance coverage shall be paid to an employee hired on
or before September 1, 2000 as additional compensation. This amount shall not exceed
$319.53 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of
fifteen thousand dollars ($15,000) from July 1, 2021 through December 31, 2021. The City
shall provide term life insurance coverage for each employee in a total amount of fifty thousand
dollars ($50,000) beginning January 1, 2022 and through the remaining term of this agreement.
e. The City shall provide a term life insurance policy for each eligible dependent enrolled in
health coverage in a total amount of one thousand dollars ($1,000) per dependent during the
term of this agreement.
f. The Medical Insurance Committee shall be comprised of one representative from each of the
bargaining units (as designated by the bargaining unit) and one from the City. The Committee
shall regularly review the health plan and study health insurance issues including, but not
limited to, Health Maintenance Organizations (HMO's), cost containment, etc., and make
recommendations to the City Manager.
g. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in
compliance with applicable Internal Revenue Code provisions. The plan will enable an
employee to, on a voluntary basis, cover additional out of pocket premium expenses for
insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance and cleaning
of uniform clothing, including t -shirts and hats.
a. The City shall provide an annual uniform allowance of nine hundred fifteen dollars ($915)
for each Association employee.
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b. The City will make an up -front lump -sum payment of the current calendar year's uniform
allowance no later than the second pay day in January.
c. Upon initial hire the employee will receive a prorated amount based upon the number of
days remaining until January 1. The City would at the same time advance the new employee
an amount that, when added to his initial uniform allowance, would equal $915. The
amount advanced upon hire would then be deducted from the employee's first full uniform
allowance check received the following January. (Example: If an employee worked six
months in the first calendar year, he/she would receive $915 in that first year and $457.50
in the second calendar year. All subsequent years the employee would receive the full
$915 until separation from the City.)
When an employee separates from the City, the uniform allowance will be prorated based
upon the number of days employed in the then current calendar year and any amounts owed
to the City will be deducted from his/her final check.
SECTION 5.3 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the
City and the Association for the purpose of developing a physical fitness program that will be
implemented in the Fire Department for all employees in the unit. The committee will meet as needed
to develop recommendations for the Fire Chief. The physical fitness program will include the
following elements: 1) Mandatory participation, 2) Established standards, and 3) City -provided
physicals.
SECTION 5.4 HEALTH AND WELLNESS EXAMS
The City shall include in the Fire Department budget three hundred seventy-five dollars ($375) per
full-time employee for health and wellness exams according to the following schedule:
• Annually for Fire Department safety personnel aged 40 and over
• Every other year for Fire Department safety personnel aged 30-39
• Every three years for Fire Department safety personnel aged 20-29
The total amount budgeted will be coordinated in cooperation with the City. This amount will be
paid directly to the health care professional or medical group and not to the employee.
SECTION 5.5 — RETIREE MEDICAL EXPENSE REIMBURSEMENT PLAN
The City will administer employee payroll deductions that are directed to a Medical Expense
Reimbursement Plan selected by the Association, with City approval, which lawfully permits
employee contributions by payroll deductions (e.g., Retiree Medical Trust, Retiree Health
Savings Account). The City shall not incur or be liable for any costs or contributions associated
with such a plan. The City will only administer payroll deductions toward a qualifying employee
benefit plan under the Internal Revenue Code.
Firefighters' MOU 2021-2024 Page 17
The Association shall indemnify, defend and hold harmless the City from any claim, complaint,
assessment, penalty, or damages asserted by any person or entity, including any state or federal
authority, arising out of Association participation in such a plan, including, but not limited to
fines, fees, or penalties issued by a state or federal taxing authority against the City due to
employee payroll deductions or compensation payouts that are directed to the plan.
ARTICLE VI — OTHER
SECTION 6.1 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance
with Rule 9 of July 2012 City of Atascadero Personnel System Rules. Each original and promotional
appointment made to a position in the competitive service shall be subject to a probationary period.
The length of the original and promotional probationary period shall each be at least 12 month of
service in the position for all employees. At the discretion of the Department Head and with the
approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet
successfully completed his/her probationary period.
SECTION 6.2 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter
will be provided an opportunity to be examined and promoted to the classification of Fire Engineer
provided there is a vacancy. There shall be a maximum of ten (10) Fire Engineer positions funded.
SECTION 6.3 CELL PHONE REIMBURSEMENT
The City agrees to reimburse each full-time employee a flat rate of twenty dollars ($20.00) per
month for the use of their personal cell phone for City business. This amount will be paid once
per year in a lump sum amount. Where applicable, the months will be pro -rated.
SECTION 6.4 FIRE EQUIPMENT OPERATOR (FEO) ASSIGNMENT
There will be a maximum of one (1) FEO position compensated at any one time. Based on current
staffing, departmental needs, and budgetary constraints, the Fire Chief, with written approval of
the City Manager, may appoint additional FEO positions to be compensated.
Selection will be based on completion of department FEO qualification process and appointment
will solely be the decision of the Fire Chief.
In order to be eligible for the FEO assignment, employees must meet the following minimum
qualifications.
1. Employee must have completed Firefighter Probation
Firefighters' MOU 2021-2024 Page IS
2. Employee must have completed AFD Driver/Operator and Ladder Truck modules
3. Employee must have completed CSFM Driver/Operator Certification or equivalent as
approved by Fire Chief
4. Employee must have passed the Fire Engineer Promotional Test or FEO Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
5. Employee must have obtained a FEO Qualification - approved by Fire Chief
6. Every two years, employees must re -qualify by:
a. Completing a Fire Engineer Promotional Test with a passing score; or
b. At the Fire Chief s discretion, either completing an FEO equivalency test with a
passing score or completing Fire Chief required FEO training.
Failure to re -qualify every two years will result in revocation of assignment.
SECTION 6.5 OFFICER IN CHARGE (OIC) ASSIGNMENT
There will be a maximum of four (4) OIC positions compensated at any one time. Selection will
be based on completion of department OIC qualification process and appointment will solely be
the decision of the Fire Chief.
In order to be eligible for the OIC assignment, employees must meet the following minimum
qualifications:
1. Employee must meet minimum qualifications listed for Engine Company Officer per SLO
County Fire Services Mutual Aid Plan. Including requirements for SLO County Incidents
and Strike Team assignments
2. Employee must have completed Atascadero Fire & Emergency OIC Taskbook
3. Employee must have obtained OIC Trainee Qualification- Approved by Fire Chief
4. Employee must have passed the Fire Captain Promotional Test or OIC Equivalency Test
(Minimum 80% cumulative, minimum 70% on any individual section)
5. Employee must have completed 3 months of OIC Trainee Training in the presence of a
Fire Captain
6. Employee must have obtained an OIC Qualification- Approved by Fire Chief
Every two years, employees must re -qualify by completing:
a. A Fire Captain Promotional Test with a passing score; or
b. At the Fire Chief s discretion, either completing an OIC equivalency test with a
passing score or completing Fire Chief required OIC training.
Failure to re -qualify every two years will result in revocation of assignment.
SECTION 6.6 SPECIALIST ASSIGNMENT
a. Employees may serve in a specialist assignment.
b. Specialist assignments shall include only the following:
Firefighters' MOU 2021-2024 Page 19
• San Luis Obispo Hazardous Response Team (SLOHIRT)
• San Luis Obispo Fire Investigation Strike Team (SLOFIST)
• Technical Rescue Team (TRT)
• Field Training Officer (FTO)
c. Employees serving in one specialist assignment shall be entitled to receive Specialist I pay
as outlined in Section 4.1
d. Employees serving in more than one specialist assignment shall be entitled to receive
Specialist II pay as outlined in Section 4.1
e. The number of employees serving in a specialist assignment shall be limited as follows:
• San Luis Obispo Hazardous Response Team (SLOHIRT)- up to a maximum of
three (3) employees assigned
• San Luis Obispo Fire Investigation Strike Team (SLOFIST)- up to a maximum of
three (3) employees assigned
• Technical Rescue Team (TRT)- up to a maximum of eight (8) employees assigned
• Field Training Officer (FTO)- up to a maximum of three (3) employees assigned
• In rare instances, based on the needs of the department and availability of funding,
the Fire Chief, with the written approval of the City Manager, may assign an
additional employee to a specialty assignment.
f. Quarterly, the association shall submit to Human Resources a list of all employees serving
in a specialist assignment, including effective dates of each assignment.
SECTION 6.7 LICENSE REIMBURSEMENT
City agrees to either pay directly on behalf of or reimburse (receipts required) each full-time
employee for the following fees, costs and licenses required for their position and job
responsibilities:
1. DMV physicals and lab -tests from a provider approved by the City
2. DMV license renewal
3. EMT -Paramedic license renewal
4. EMT- Basic license renewal
5. Haz-Mat physicals and lab -tests from a provider approved by the City
ARTICLE VII — OTHER
SECTION 7.1 COMPARISON JURISDICTIONS
a. The Association and the City recognize that the Memorandums of Understanding in the
years since 1998 have been incremental steps in correcting salary inequities between
Atascadero employees and the comparisons within San Luis Obispo County. It is further
recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to
Firefighters' MOU 2021-2024 Page 20
the mean with the surveyed cities following the initial inequity adjustment, and may be
subject to change in future negotiations.
b. The City recognizes that the Association would like the City to consider comparisons with
cities outside the County including the City of Salinas, the City of Hollister and the City of
Santa Maria. The City recognizes that with existing fire schedule, fire personnel may work
at a jurisdiction some distance away and continue to live in the Atascadero area. The
Association may submit salary and benefit information from jurisdictions outside the
County and that information will be reviewed and discussed by the City during
negotiations.
ARTICLE VIII - CLOSING PROVISIONS
SECTION 8.1 TERM
The term of this MOU shall commence on the first full pay period following ratification and
approval by the City Council, and expire on June 30, 2024.
SECTION 8.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following
representatives:
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CITY OF ATASCADERO
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Heather Moreno, Mayor Date Ra helle Rickard, City Manager Date
Firefighters' MOU 2021-2024 Page 21