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HomeMy WebLinkAbout2024-008 MOU Atas. Professional Firefighters Firefighters’ MOU 2024-2027 Page 2 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 2024-2027 Page 3 • 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 2024-2027 Page 4 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 carry 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 2024-2027 Page 5 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 2024-2027 Page 6 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 2024-2027 Page 7 • 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 2024-2027 Page 8 Year 1- Effective July 1, 2024, all employees covered under this MOU shall receive a 2.0% (two point zero percent) salary increase to base pay. The following monthly salaries become effective July 1, 2024: CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Fire Captain 8,337.68 8,754.56 9,192.29 9,651.90 10,134.50 Fire Captain Specialist I 8,504.43 8,929.65 9,376.13 9,844.94 10,337.19 Fire Captain Specialist II 8,671.19 9,104.75 9,559.99 10,037.99 10,539.89 Fire Captain/Paramedic 9,338.20 9,805.11 10,295.37 10,810.14 11,350.65 Fire Captain/Paramedic/Specialist I 9,504.96 9,980.21 10,479.22 11,003.18 11,553.34 Fire Captain/Paramedic/Specialist II 9,671.71 10,155.30 10,663.07 11,196.22 11,756.03 Fire Engineer 7,030.93 7,382.48 7,751.60 8,139.18 8,546.14 Fire Engineer Specialist I 7,171.55 7,530.13 7,906.64 8,301.97 8,717.07 Fire Engineer Specialist II 7,312.17 7,677.78 8,061.67 8,464.75 8,887.99 Fire Engineer/OIC 7,171.55 7,530.13 7,906.64 8,301.97 8,717.07 Fire Engineer/OIC/Specialist I 7,312.17 7,677.78 8,061.67 8,464.75 8,887.99 Fire Engineer/OIC/Specialist II 7,452.79 7,825.43 8,216.70 8,627.54 9,058.92 Fire Engineer/Paramedic 7,874.64 8,268.37 8,681.79 9,115.88 9,571.67 Fire Engineer/Paramedic/OIC 8,015.26 8,416.02 8,836.82 9,278.66 9,742.59 Fire Engineer/Paramedic/OIC/Specialist I 8,155.88 8,563.67 8,991.85 9,441.44 9,913.51 Fire Engineer/Paramedic/OIC/Specialist II 8,296.50 8,711.33 9,146.90 9,604.25 10,084.46 Fire Engineer/Paramedic/Specialist I 8,015.26 8,416.02 8,836.82 9,278.66 9,742.59 Fire Engineer/Paramedic/Specialist II 8,155.88 8,563.67 8,991.85 9,441.44 9,913.51 Firefighter 6,532.79 6,859.43 7,202.40 7,562.52 7,940.65 Firefighter Specialist I 6,663.45 6,996.62 7,346.45 7,713.77 8,099.46 Firefighter Specialist II 6,794.10 7,133.81 7,490.50 7,865.03 8,258.28 Firefighter/FEO 6,663.45 6,996.62 7,346.45 7,713.77 8,099.46 Firefighter/FEO/Specialist I 6,794.10 7,133.81 7,490.50 7,865.03 8,258.28 Firefighter/FEO/Specialist II 6,924.76 7,271.00 7,634.55 8,016.28 8,417.09 Firefighter/Paramedic 7,316.72 7,682.56 8,066.69 8,470.02 8,893.52 Firefighter/Paramedic/FEO 7,447.38 7,819.75 8,210.74 8,621.28 9,052.34 Firefighter/Paramedic/FEO/Specialist I 7,578.04 7,956.94 8,354.79 8,772.53 9,211.16 Firefighter/Paramedic/FEO/Specialist II 7,708.69 8,094.12 8,498.83 8,923.77 9,369.96 Firefighter/Paramedic/Specialist I 7,447.38 7,819.75 8,210.74 8,621.28 9,052.34 Firefighter/Paramedic/Specialist II 7,578.04 7,956.94 8,354.79 8,772.53 9,211.16 SALARY WORKSHEET MONTHLY SALARY Effective July 1, 2024 Firefighters’ MOU 2024-2027 Page 9 Year 2 - Effective July 1, 2025, all positions covered under this MOU shall receive a 3.0% (three point zero percent) salary increase to base pay. The following monthly salaries become effective July 1, 2025: CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Fire Captain 8,587.80 9,017.19 9,468.05 9,941.45 10,438.52 Fire Captain Specialist I 8,759.56 9,197.54 9,657.42 10,140.29 10,647.30 Fire Captain Specialist II 8,931.31 9,377.88 9,846.77 10,339.11 10,856.07 Fire Captain/Paramedic 9,618.34 10,099.26 10,604.22 11,134.43 11,691.15 Fire Captain/Paramedic/Specialist I 9,790.09 10,279.59 10,793.57 11,333.25 11,899.91 Fire Captain/Paramedic/Specialist II 9,961.85 10,459.94 10,982.94 11,532.09 12,108.69 Fire Engineer 7,241.85 7,603.94 7,984.14 8,383.35 8,802.52 Fire Engineer Specialist I 7,386.69 7,756.02 8,143.82 8,551.01 8,978.56 Fire Engineer Specialist II 7,531.52 7,908.10 8,303.51 8,718.69 9,154.62 Fire Engineer/OIC 7,386.69 7,756.02 8,143.82 8,551.01 8,978.56 Fire Engineer/OIC/Specialist I 7,531.52 7,908.10 8,303.51 8,718.69 9,154.62 Fire Engineer/OIC/Specialist II 7,676.36 8,060.18 8,463.19 8,886.35 9,330.67 Fire Engineer/Paramedic 8,110.87 8,516.41 8,942.23 9,389.34 9,858.81 Fire Engineer/Paramedic/OIC 8,255.71 8,668.50 9,101.93 9,557.03 10,034.88 Fire Engineer/Paramedic/OIC/Specialist I 8,400.55 8,820.58 9,261.61 9,724.69 10,210.92 Fire Engineer/Paramedic/OIC/Specialist II 8,545.38 8,972.65 9,421.28 9,892.34 10,386.96 Fire Engineer/Paramedic/Specialist I 8,255.71 8,668.50 9,101.93 9,557.03 10,034.88 Fire Engineer/Paramedic/Specialist II 8,400.55 8,820.58 9,261.61 9,724.69 10,210.92 Firefighter 6,728.77 7,065.21 7,418.47 7,789.39 8,178.86 Firefighter Specialist I 6,863.35 7,206.52 7,566.85 7,945.19 8,342.45 Firefighter Specialist II 6,997.92 7,347.82 7,715.21 8,100.97 8,506.02 Firefighter/FEO 6,863.35 7,206.52 7,566.85 7,945.19 8,342.45 Firefighter/FEO/Specialist I 6,997.92 7,347.82 7,715.21 8,100.97 8,506.02 Firefighter/FEO/Specialist II 7,132.50 7,489.13 7,863.59 8,256.77 8,669.61 Firefighter/Paramedic 7,536.22 7,913.03 8,308.68 8,724.11 9,160.32 Firefighter/Paramedic/FEO 7,670.80 8,054.34 8,457.06 8,879.91 9,323.91 Firefighter/Paramedic/FEO/Specialist I 7,805.37 8,195.64 8,605.42 9,035.69 9,487.47 Firefighter/Paramedic/FEO/Specialist II 7,939.95 8,336.95 8,753.80 9,191.49 9,651.06 Firefighter/Paramedic/Specialist I 7,670.80 8,054.34 8,457.06 8,879.91 9,323.91 Firefighter/Paramedic/Specialist II 7,805.37 8,195.64 8,605.42 9,035.69 9,487.47 Effective July 1, 2025 SALARY WORKSHEET MONTHLY SALARY Firefighters’ MOU 2024-2027 Page 10 Year 3 - Effective July 1, 2026, all positions covered under this MOU shall receive a 3.0% (three point zero percent) salary increase to base pay. The following monthly salaries become effective July 1, 2026: CLASSIFICATION STEP A STEP B STEP C STEP D STEP E Fire Captain 8,845.43 9,287.70 9,752.09 10,239.69 10,751.67 Fire Captain Specialist I 9,022.34 9,473.46 9,947.13 10,444.49 10,966.71 Fire Captain Specialist II 9,199.25 9,659.21 10,142.17 10,649.28 11,181.74 Fire Captain/Paramedic 9,906.88 10,402.22 10,922.33 11,468.45 12,041.87 Fire Captain/Paramedic/Specialist I 10,083.79 10,587.98 11,117.38 11,673.25 12,256.91 Fire Captain/Paramedic/Specialist II 10,260.70 10,773.74 11,312.43 11,878.05 12,471.95 Fire Engineer 7,459.11 7,832.07 8,223.67 8,634.85 9,066.59 Fire Engineer Specialist I 7,608.29 7,988.70 8,388.14 8,807.55 9,247.93 Fire Engineer Specialist II 7,757.47 8,145.34 8,552.61 8,980.24 9,429.25 Fire Engineer/OIC 7,608.29 7,988.70 8,388.14 8,807.55 9,247.93 Fire Engineer/OIC/Specialist I 7,757.47 8,145.34 8,552.61 8,980.24 9,429.25 Fire Engineer/OIC/Specialist II 7,906.66 8,301.99 8,717.09 9,152.94 9,610.59 Fire Engineer/Paramedic 8,354.20 8,771.91 9,210.51 9,671.04 10,154.59 Fire Engineer/Paramedic/OIC 8,503.39 8,928.56 9,374.99 9,843.74 10,335.93 Fire Engineer/Paramedic/OIC/Specialist I 8,652.57 9,085.20 9,539.46 10,016.43 10,517.25 Fire Engineer/Paramedic/OIC/Specialist II 8,801.75 9,241.84 9,703.93 10,189.13 10,698.59 Fire Engineer/Paramedic/Specialist I 8,503.39 8,928.56 9,374.99 9,843.74 10,335.93 Fire Engineer/Paramedic/Specialist II 8,652.57 9,085.20 9,539.46 10,016.43 10,517.25 Firefighter 6,930.63 7,277.16 7,641.02 8,023.07 8,424.22 Firefighter Specialist I 7,069.24 7,422.70 7,793.84 8,183.53 8,592.71 Firefighter Specialist II 7,207.86 7,568.25 7,946.66 8,343.99 8,761.19 Firefighter/FEO 7,069.24 7,422.70 7,793.84 8,183.53 8,592.71 Firefighter/FEO/Specialist I 7,207.86 7,568.25 7,946.66 8,343.99 8,761.19 Firefighter/FEO/Specialist II 7,346.47 7,713.79 8,099.48 8,504.45 8,929.67 Firefighter/Paramedic 7,762.31 8,150.43 8,557.95 8,985.85 9,435.14 Firefighter/Paramedic/FEO 7,900.92 8,295.97 8,710.77 9,146.31 9,603.63 Firefighter/Paramedic/FEO/Specialist I 8,039.53 8,441.51 8,863.59 9,306.77 9,772.11 Firefighter/Paramedic/FEO/Specialist II 8,178.14 8,587.05 9,016.40 9,467.22 9,940.58 Firefighter/Paramedic/Specialist I 7,900.92 8,295.97 8,710.77 9,146.31 9,603.63 Firefighter/Paramedic/Specialist II 8,039.53 8,441.51 8,863.59 9,306.77 9,772.11 SALARY WORKSHEET MONTHLY SALARY Effective July 1, 2026 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. Firefighters’ MOU 2024-2027 Page 11 b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties shall receive twelve percent (12%) more in base salary than those positions within the same classification without paramedic duties. 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 working at the request of the Fire Chief in the capacity of Fire Equipment Operator (FEO), Officer in Charge (OIC) or Duty Officer (DO) when not assigned to that position and where all qualifications for the position have been met, will receive the following daily stipend while working in this capacity: FEO Stipend - $25 per day OIC Stipend - $50 per day DO Stipend - $75 per day This daily stipend is subject to City operational needs when job classification cannot be filled by those appointed to the job classification (first priority) or during an emergency. The stipend may be stopped or denied at the discretion of the Fire Chief. f. Employees who are assigned to Specialist I 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 I. g. Employees who are assigned to Specialist II duty (as outlined in Section 6.6 below) shall receive four percent (4%) 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, including hotel, mileage or travel related expenses, for attending college or other professional training, providing the coursework is job-related and the employee received a passing grade. All reimbursements must follow the restrictions outlined in the Purchasing Policy. 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 Firefighters’ MOU 2024-2027 Page 12 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 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), Sworn 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 Sworn 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. Firefighters’ MOU 2024-2027 Page 13 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 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. 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 1st of each year for each active employee. d. Fractions of a year will be rounded down to the nearest whole year. Firefighters’ MOU 2024-2027 Page 14 e. 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 CalPERS 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. SECTION 4.6 VACATION 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 Accrual Rate Less than 3 years 5.00 shifts/yr or 4.61 hrs/pp 3 years completed 5.60 shifts/yr or 5.17 hrs/pp 5 years completed 6.53 shifts/yr or 6.03 hrs/pp 7 years completed 7.59 shifts/yr or 7.01 hrs/pp 9 years completed 8.40 shifts/yr or 7.75 hrs/pp 11 years completed 9.33 shifts/yr or 8.61 hrs/pp 15 years completed 10.26 shifts/yr or 9.47 hrs/pp 20 years completed 11.20 shifts/yr or 10.34 hrs/pp The above schedule is based on full-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. Firefighters’ MOU 2024-2027 Page 15 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, (2) the critical illness of a member of the employee’s immediate family where death appears to be imminent, and (3) reproductive loss. 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 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. Reproductive loss includes miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful assisted reproduction. Reproductive loss leave time in excess of 20 days within a 12-month period will require additional Department Head approval. Twenty-four (24) hours for non-Fire suppression personnel or forty-eight (48) hours, two (2) shifts, for Fire suppression personnel of the paid absence shall be considered "bereavement leave", and any remaining time shall be from other paid time off available to the employee. However, the employee may not use more than forty (40) hours of accrued sick leave for non-Fire suppression personnel or forty-eight (48) hours of accrued sick leave for Fire suppression personnel for bereavement purposes. Bereavement leave longer than forty (40) hours for non-Fire suppression personnel and forty-eight (48) hours for Fire suppression personnel will require Department Head approval. 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. Firefighters’ MOU 2024-2027 Page 16 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, 2024, for unit members who elect to have “Family” coverage, the City shall pay an amount not to exceed $2,230.55per 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. b. Effective January 1, 2024 for unit members who elect to have ‘Employee +1” coverage, the City shall pay a an amount not to exceed $1,570.33 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, 2024, for unit members who elect to have “Employee Only” coverage, the City shall pay an amount not to exceed $933.18per 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 fifty thousand dollars ($50,000). 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 Firefighters’ MOU 2024-2027 Page 17 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. h. State Disability Insurance – The City will work with the employees in this bargaining unit and the State of California to implement a payroll deduction for all classifications of employees covered under this agreement if eligible. The City will work diligently to have the payroll deduction in place by July 1, 2025. 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. 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. Firefighters’ MOU 2024-2027 Page 18 SECTION 5.4 HEALTH AND WELLNESS EXAMS The City shall include in the Fire Department budget for full-time employee 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. 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. SECTION 5.6 MUTUAL AID REST PERIOD In the event an employee or crew has been on assignment for 14 days or greater, the Duty Officer may allow the shift employees to take the remainder of the shift off, up to a maximum of 48 hours. Shift employees have the option to utilize up to 24 hours of sick leave for rehabilitation and mental health awareness or any other form of personnel accrued time. Shift employees have the option to rehab on duty for the remainder of the shift cycle with the exception of emergency response. A request will not be granted if it would create mandatory overtime for another shift employee. 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 Firefighters’ MOU 2024-2027 Page 19 additional months when the Department Head has determined that the employee has not yet successfully completed his/her probationary period. Upon completion of the probationary period, qualified employees will be provided an opportunity to be examined and promoted to the next classification provided there is a vacancy. SECTION 6.2 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 6.3 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 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 6.4 OFFICER IN CHARGE (OIC) ASSIGNMENT There will be a maximum of four (4) OIC positions 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 OIC positions to be compensated. Selection will be based on completion of department OIC qualification process and appointment will solely be the decision of the Fire Chief. Firefighters’ MOU 2024-2027 Page 20 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 7. 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 6.5 DUTY OFFICER Fire Captains who have completed the below requirements maybe eligible for stipend pay for duty officer when assigned by the Fire Chief. Selection will be based on the completion of the department Duty Officer qualification process and appointment will solely be at the decision of the Fire Chief. In order to be eligible for the Duty Officer assignment, employees must meet the following minimum qualifications: • Employee must be a Fire Captain and completed 4 years in rank • Employee must have completed the following qualifications: o CSFM Company Officer o NWCG Single Resource Boss/Engine Boss • San Luis Obispo County Company Officer • Employee must have completed the following classes: o ICS-400, Advanced ICS Command and General Staff o NIMS IS700 o NIMS IS800 o All the required classes in the Fire Department Fire Captain Career Development Guide • Employee must have completed the Atascadero Fire & Emergency Services Duty Officer Taskbook • Employee must have obtained Duty Officer Qualification – Approved by the Fire Chief Firefighters’ MOU 2024-2027 Page 21 o Every two years, employees must re-qualify by completing: o A minimum of four 24-hour shifts as Duty Officer; or At the Fire Chief’s discretion, completing a prescribed training assignment that includes review of administrative and operational knowledge, and emergency simulations. Failure to re-qualify every two years will result in revocation of eligibility for stipend pay. SECTION 6.6 SPECIALIST ASSIGNMENT a. Employees may serve in a specialist assignment. b. Specialist assignments shall include only the following members associated with: • San Luis Obispo Hazardous Response Team (SLOHIRT) • San Luis Obispo Fire Investigation Strike Team (SLOFIST) • North County Urban Search and Rescue Team (NCUSAR) • San Luis Obispo Critical Incident Stress Management Team (SLOCISM) • Field Training Officer (FTO): Paramedic members assigned to provide skills, training and recertification to interns, paramedics and EMT’s. Provide department representations to the SLOEMSA to assist in implementing policies and procedures associated with emergency medicine. 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 • North County Urban Search and Rescue Team (NCUSAR)- up to a maximum of eight (8) employees assigned • San Luis Obispo Critical Incident Stress Management Team (SLOCISM)- up to a maximum of two (2) 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. Firefighters’ MOU 2024-2027 Page 22 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 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, 2027.