HomeMy WebLinkAbout2005-029 Atascadero MOU Firefighters Assoc. 1918 I G t97g
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The City of Atascadero and the Atascadero Firefighter's Association agree to the
following additional language to the Memorandum of Understanding between the
City of Atascadero and the Atascadero Firefighter's Association:
The City of Atascadero agrees to reimburse each full time Fire Department employee a
flat rate of$9.00 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.
This language shall be in effect beginning October 1, 2004.
For the Atascadero Firefighter's Association: *stant
of Atascadero:
date wis date
AFA President4j gryso,2 y Manager
b' '1TY�O�F/�AT y DERO t
COI V 1 RACT4i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO FIREFIGHTERS
BARGAINING UNIT
AND
CITY OF ATASCADERO
JULY 15 2005 TO JUNE 30, 2007
Firefighters' MOU 2005-2007 Page 9
MEMORANDUM OF UNDERSTANDING
ATASCADERO FIREFIGHTERS' BARGAINING UNIT AND CITY OF ATASCADERO
JULY 1, 2005 THROUGH JUNE 30,2007
TABLE OF CONTENTS
ARTICLE I-GENERAL PROVISIONS.....................................................................................I
SECTION1.1 PREAMBLE...................................................................................................................................I
SECTION1.2 RECOGNITION.............................................................................................................................1
SECTION1.3 SEVERANCE.................................................................................................................................I
SECTION1.4 SOLE AGREEMENT.....................................................................................................................I
SECTION 1.5 FULL FORCE AND EFFECT........................................................................................................2
ARTICLE II-RESPECTIVE RIGHTS........................................................................................2
SECTION 2.1 ASSOCIATION RIGHTS...............................................................................................................2
SECTION2.2 CITY RIGHTS................................................................................................................................2
SECTION 2.3 PEACEFUL PERFORMANCE..............................................................................2
ARTICLE IH-HOURS OF WORK AND OVERTIME....................................................................3
SECTION3.1 HOURS OF WORK........................................................................................................................3
SECTION3.2 OVERTIME....................................................................................................................................3
SECTION3.3 CALLBACK PAY..........................................................................................................................4
SECTION3.4 STANDBY TIME...........................................................................................................................4
ARTICLE IV-PAY PROVISIONS.............................................................................................4
SECTION 4.1 SALARY....................... ...................4
...............................................................................................
SECTION4.2 RETIREMENT...............................................................................................................................5
SECTION 4.3 SICK LEAVE/STAY WELL PLAN...........................................................................
...................5
SECTION4.4 VACATION LEAVE......................................................................................................................5
SECTION4.5 HOLIDAYS....................................................................................................................................5
SECTION 4.6 BEREAVEMENT LEAVE.............................................................................................................6
SECTION4.7 MILITARY LEAVE.......................................................................................................................6
SECTION4.8 PARAMEDIC PAY........................................................................................................................6
SECTION 4.9 COMMON MESS ARRANGEMENT...........................................................................................6
SECTION4.10 BILINGUAL PAY........................................................................................................................6
ARTICLE V-HEALTH AND WELFARE.................................................................................7
SECTION 5.1 HEALTH INSURANCE COVERAGE......................................................................
...................7
SECTION 5.2 PROBATION..............: """"""""".'7
..............................................................................................
SECTION 5.3 PROMOTIONAL OPPORTUNTIES ........................................................................
SECTION 5.4 PHYSICAL FITNESS.........................................................................................8
ARTICLE VI-CLOSING PROVISIONS....................................................................................8
SECTION6.1 TERM.............................................................................................................................................8
SECTION6.2 SIGNATURES................................................................................................................................8
Firefighters'MOU 2005-2007 Page 10
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 Firefighters' Bargaining Unit, 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
classifications:
• Firefighter
• Fire Engineer
• Fire Captain
• Fire Marshal/Code Compliance Officer
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 2005-2007 Page 1
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.
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
Firefighters'MOU 2005-2007 Page 2
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.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.
The normal work period for the Fire Marshal/Code Enforcement Officer shall be seven(7)days with a maximum
non-overtime of forty(40)hours.
b. Definition of Shift Employees
Shift employees(excluding administrative assignments)are assigned to positions which duties are performed on a
twenty-four(24)hour day,seven(7)days a week basis,and include:
Firefighters Fire Engineers Fire Captain
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.
Firefighters'MOU 2005-2007 Page 3
d. Scheduling Compensatory Time Off(CT)
Requests to use CT shall be granted with due regard for operational necessity such as staffing levels.
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.
ARTICLE IV-PAY PROVISIONS
SECTION 4.1 SALARY
This two(2)year agreement shall provide pay increases according to the following formula and schedule:
Year 1 (effective July,2005)—4%COLA,plus an additional inequity adjustment of 2.5%for Fire Fighter,Fire Engineer,
Fire Marshall and Fire Captain
Year 2(effective July 2006)—3%COLA,plus an additional inequity adjustment of 2.5%for Fire Fighter,Fire Engineer,
Fire Marshall and Fire Captain
The following monthly salaries become effective July 1,2005.
CLASSIFICATION RANGE A B C D E
Firefighter 25 3,730.86 3,917.40 4,113.27 4,318.94 4,534.89
Fire Engineer 28 4,015.34 4,216.11 4,426.91 4,648.26 4,880.67
Fire Captain 35 4,761.63 4,999.71 5,249.70 5,512.18 5,787.79
Fire Marshall/Code Compliance 35 4,761.63 4,999.71 5,249.70 5,512.18 5,787.79
Officer
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. 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
Firefighters'MOU 2005-2007 Page 4
negotiations. The City will provide the Association with a report regarding revenues/expenses and a salary survey
in April 2007.
SECTION 4.2 RETIREMENT
a. Employees will be provided retirement benefits through the California Public Employees Retirement System
(Ca1PERS). Firefighters,Fire Engineers and Fire Captains will be provided benefits pursuant to the 3% @ 50 Full
formula(Section 21362.2 of the Government Code)for Sworn Safety Members(as defined by CaIPERS)and the
City will pay the employee contribution of nine(9%)percent.
b. The CalPERS retirement for Sworn Safety Members(as defined by Ca1PERS)includes Level Four(4)of the 1959
Survivor's Benefit. The employees shall pay the monthly cost of the benefit.
c. The City shall implement the Military Service Credit(Section 20930.3 of the Government Code)provided there is
no direct cost to the City. The City shall provide Sick Leave Credit and Single Highest Year.
SECTION 4.3 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and
Regulations.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. 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 4.4 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations.
b. 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 4.5 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.
Firefighters' MOU 2005-2007 Page 5
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 4.6 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death
of his/her spouse,significant other,child,stepchild,parent,grandparent,grandchild,son-in-law,daughter-in-law,mother-
in-law,father-in-law,brother,sister,brother-in-law,and sister-in-law.
SECTION 4.7 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 4.8 PARAMEDIC PAY
The City shall pay four hundred dollars($400.00)per month to those employees who are trained,qualified and assigned by
the Fire Chief to E.M.T.Paramedic duties.
SECTION 4.9 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 4.10 BILINGUAL PAY
The City shall pay an additional 1% 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.
Firefighters' MOU 2005-2007 Page 6
ARTICLE V-HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have"Family"coverage,the City shall pay a total of $843.96 per month toward the
cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and dependents
for the term of this agreement. 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. For unit members who elect to have `Employee +1" coverage, the City shall pay a total of $761.12 per month
toward the cost of all medical,dental,vision and life insurance benefit premiums for the unit member employee and
dependent for the term of this agreement. 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.
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.
c. For unit members who elect to have"Employee Only"coverage,the City shall pay an amount not to exceed$666.26
per month toward the cost of all medical,dental, vision and life insurance benefit premiums for the unit member
employee for the term of this agreement. City shall pay for increased costs to medical, dental, vision and life
insurance premiums for the employee based upon HMO plan costs.
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.
d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand
($15,000)dollars during the 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. Flexible Benefits Plan. 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 PROBATION
The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months. The probationary
period for employees promoted to Fire Engineers or Fire Captain shall be twelve months.
SECTION 5.3 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.
Firefighters'MOU 2005-2007 Page 7
SECTION 5.4 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.
ARTICLE VI-CLOSING PROVISIONS
SECTION 6.1 TERM
The term of this MOU shall commence on July 1,2005,and expire on June 30,2007.
SECTION 6.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following representatives:
�f
(p/affil c� �o Zf Lo�'
Asso tion Date Associa n Date
CITY OF ATASCADERO
vityManager
Ma r D Date
Ci6�A t ney Date
Firefighters' MOU 2005-2007 Page 8
Atascadero City Fire, IAFF Local 3600
MEMBERSHIP DEPT.
FEB 22005
LOCAL UNION CONSTITUTION & BY-LAWS
This constitution and By-Laws was approved by the membership prior to
its submission to the IAFF, as required by Article 13 of the IAFF
Constitution.
Date of Membership Approval:
Authorized Officer:
International Association of Fire Fighters
AFL-CIO,SLG
APPROVED
IAFF,General Presidential -13-0 Date
Atascadero City Fire, IAFF Local 3600
LOCAL UNION CONSTITUTION & BY-LAWS
ARTICLE 1
Name
Section 1. The number and name of this organization shall be Local Number: 3600
NAME: Atascadero City International Association of Fire Fighters.
Section 2. References in this Constitution and By-Laws to "local or "local union" shall
refer to the Local as set forth in Section 1 above, and references to "Association" or
"International" shall refer to The International Association of Fire Fighters.
Section 3. This Local Union, its officers, representatives and members, shall recognize,
observe and be bound by the provisions of the Constitution and By-Laws of the
International Association and the interpretations rendered by the International General
President, the resolutions, decisions and directives of the Executive Board or officers of
the Association when made in conformity with the authority granted by the Constitution
and By-Laws of the Association, and the resolutions adopted and policies established by
the delegates at conventions. Article 13 of the Constitution and By-Laws of the
Association is recognized as providing the basic rules governing this local.
ARTICLE 2
Jurisdiction
"Jurisdiction shall be as follows; all full-time paid employees engaged in fire fighting,
emergency medical or rescue service, or related services."
ARTICLE 3
Membership
Section 1.Active-Any person of good moral character who at the time of making
application is engaged in service within the jurisdiction of this local, as given in Article
2, will be eligible for active membership.
Anyone eligible for membership in this local shall not be refused membership or, upon
acceptance, be discriminated against because of race, color, gender, sexual orientation,
creed, national origin, or by reason of being handicapped.
Section 2.Honorary-For meritorious service to this Local or for distinguished public
service, persons may be elected honorary members by majority vote. Honorary members
shall not pay initiation fees, dues or other charges and shall have no voice or vote in the
Local. Such membership may be revoked for cause.
Section 3.Maintenance of Good Standing - Membership in good standing includes any
person who has fulfilled the requirements for membership in this Local and who has not
voluntarily withdrawn, become ineligible for continued membership, or been suspended
or expelled as provided in the Constitution and By-Laws of the International Association
of Fire Fighters, or the Constitution of this Local.
Section 4. Separation-When any member in good standing is separated from the fire
service, the local union may allow said member to retain active membership or in lieu
thereof, upon request of said member, shall issue a withdrawal card. This local union may
issue withdrawal cards only to those members who leave the fire service or EMS in good
standing or who are precluded by law or local ordinance or contractually from
maintaining union membership by virtue of their fire department position. A former
member holding a valid withdrawal card will not be charged a reinstatement fee upon
reentry into the organization. A member who is duly elected as an officer of the
International Association of Fire Fighters, or elected or appointed as representative of or
to an affiliated labor organization, shall retain his/her active membership in this local.
Section 5. Delinquent Members-Members who fail to pay their monthly dues or
assessments by the fifteenth (15th) day following the month such dues are payable, shall
be notified by the Local officer whose duty it is, that they are delinquent and will be
automatically suspended and lose their good standing if payment is not made within sixty
(60) days following such notification. Delinquent and suspended members are not
entitled to voice or vote in the Local or in the affairs of the International.
ARTICLE 4
Meetings
Section 1. Regular meetings of the Local shall be held on the first Friday of each month,
with an agenda to be posted seven days prior to the meeting.
Section 2. Special meetings may be called by vote of a majority of the Executive Board.
All members in good standing shall be notified in writing of such special meeting at least
seven days prior to the same. The notice shall state the business to be considered at such
meeting, and no other business than that stated shall be in order at such meeting.
Section 3. Quorum. The quorum for any meeting of this Local, either regular or special,
shall be 1/a of the members in good standing.
Section 4. Rights of members. Every member in good standing shall have the right to
attend any meeting and to participate in such meeting in accordance with the rules as set
forth in the manual of parliamentary procedure adopted by this Local. Members shall
conduct themselves in such a manner as not to interfere with contractual obligations of
the International or of this Local.
Section 5. Rules for meetings. The rules contained in Atwood's Rules for Meetings shall
govern the meetings of this Local in all cases not in conflict with this Constitution and
By-Laws, or the Constitution and By-Laws of the International, or interpretations of these
documents.
ARTICLE 5
Officers and Elections
Section 1. The officers of this Local shall consist of a President, Vice President,
Secretary, Treasurer. The Executive Board shall consist of the officers of this Local, and
six elected Union members. These officials shall be nominated, elected, and take office as
hereinafter provided. The terms of office and election shall be as follows:
1. The President shall serve two-year term and be elected in odd-numbered years.
2. The Vice President shall serve a two-year term and be elected in even-numbered years.
3. The Secretary shall serve a two-year term and be elected in even-numbered years.
4. The Treasurer shall serve a two-year term and be elected in odd-numbered years.
The same individual may hold the offices of Secretary and Treasurer. In this event
election of this office will be held in even-numbered years.
The six Executive Board members shall hold office for one year, and be elected annually.
All shall hold their respective offices until the election and installation of their successors
unless removed from office as provided in the Constitution and By-Laws of the
International or this Constitution and By-Laws.
Section 2. Eligibility for Office Any member in good standing shall be eligible to be a
candidate for office in this Local.
members in good
Section 3. Rights of Candidates. Every candidate for office sha,lAave the right to request
distribution of campaign literature, by mail or otherwise, to all standing,at the candidates'
own personal expense. "A candidate for office" includes a candidate for membership on
the Executive Board. There shall be no discrimination in favor of or against any
candidate with regard to the use of membership lists.
Section 4. Use of funds Prohibited in Elections. No funds received by this Local through
initiation fees, dues, or assessments or otherwise, shall be contributed or applied to
promote the candidacy of any person in election of officers. This section does not prevent
the expenditure from Local funds for notices, factual statements of issues and other
necessary expenses to conduct elections so long as they do not involve promotion of any
candidate.
Section 5. Method Of Nomination and Election. All members in good standing shall be
given at least fifteen days advance notice, in writing, of the date, time and place at which
nomination shall be made. Any member in good standing may nominate eligible
members for office. Election shall be by secret ballot; Write-in voting shall not be
Atrio y< permitted. If there is only one candidate for a given office, such candidate shall be
declared elected. There shall be no voting by proxy in the election of Local officers. The
candidate receiving a majority of the ballots cast shall be declared elected. If no candidate
receives a majority of the ballots cast, there shall be a run-off election between the two
candidates who received the most votes.
Effective 2001, nominations shall be made in October and November at the regular
meetings. Elections shall be held in December. The elected candidates shall take office in
January.
Section 6. Elections Committee. The President shall appoint an Elections Committee,
which shall be responsible for distributing and tabulating the ballots. The Elections
Committee will notify all members in good standing of the time, date, manner, and
method of distribution and tabulation of ballots. Each candidate for office shall be
entitled to appoint one observer who shall be permitted to witness the manner of
distribution and casting of ballots and attend the meeting of the Elections Committee at
which the votes are tabulated.
Section 7. Ballots preserved. The Secretary shall preserve all ballots and other records of
an election for one year following such election.
Section 8. Vacancies in Office. When an office becomes vacant by reason of the death,
resignation, or removal of the incumbent, the Executive Board shall elect a successor by
majority vote, no later than thirty days from the date the office is vacated.
ARTICLE 6
Duties of Officers.
Section 1. It shall be the duty of the President to preside at all meetings of the Local; and
at meetings of the Executive Board. He shall be the executive head of the Local. He shall
be a member ex-officio of all committees. He shall appoint such committees as may be
provided for in this Constitution and By-Laws, and such special committees as may be
authorized by the Local. Together with the Treasurer, he shall sign all orders and checks
lawfully and properly drawn. He shall enforce strict observance of the Constitution and
By-Laws of the International as this document relates to the Local, and the Constitution
and By-Laws of the Local. He shall have general supervision of the activities of the other
officers and chairmen of committees.
The President shall discharge on behalf of the Local such duties as may be imposed upon
him by applicable law including the execution and filing of any reports to Federal or
State authorities, and he shall cause to be maintained by the Local such records as the law
requires to be kept in support of reports filed by it.
The President, by virtue of his election, shall be a delegate of this local to the convention
of the International.
Section 2. The Vice President shall assist the President in such a manner as the President
may determine. In the absence of the President, he shall preside at meetings of the Local
and of the Executive Board. If the office of President becomes vacant, the Vice President
shall be acting President until the office of President is filled by election by the Executive
Board.
Section 3. The Secretary shall have custody of all documents; records, books and papers
belong to the local, except as may be otherwise provided by this Constitution and By-
Laws. He shall keep an accurate record of the meetings of the local and of the Executive
Board, of which he shall be, the Secretary. He shall attest all official documents with his
signature and the seal of the Local. He shall conduct the correspondence of the Local
promptly. He shall maintain the official list of members in good standing, which shall be
kept accurately and on a current basis.
The Secretary shall discharge on behalf of the Local such duties as may be imposed upon
him by applicable law including the execution and filing of any reports to Federal or
State authorities, and he shall cause to be maintained by the Local such records as the law
requires to be kept in support of reports filed by it.
Section 4. The Treasurer shall receive all money due the Local, from whatsoever source,
and shall disburse the same only by voucher signed by the President in conformity with a
vote of the Local. Such disbursement shall be by check, which shall also be signed by the
President. He shall maintain and keep current a record of members with their dues
payments, assessments and all financial transactions promptly and accurately entered. He
shall be prepared to exhibit receipts and vouchers upon the audit of his books. He shall
forward the annual audit of the Local to the International General Secretary-Treasurer,
over the seal of the Local.
Section 5. The Executive Board shall consist of the President, Vice President, Secretary
and Treasurer, and 6 elected Union members, who shall be elected as provided for in
Article 5, Section 1. It shall be the duty of the Executive Board to exercise general
supervision and control of the invested funds and property of the Local. It shall have the
authority to act in the name of the Local during intervals between meetings, such acts
being subject to confirmation by the membership at the next regular meeting of the Local.
It shall provide for an annual audit of the treasurer's books. It shall meet at the call of the
President or on call signed by a majority of its members. A majority shall constitute a
quorum.
Section 6. All officers and employees of the Local who handle funds or property of the
Local shall be bonded in such amounts as may be required by the Board of Trustees and
the International General Secretary-Treasurer, in compliance with applicable law. The
expense of the first $5,000 of Bond shall be borne by the International. If additional bond
is necessary, the Local shall pay the additional premium. The Local shall have sufficient
bond to cover at least 10% percent of its current liquid assets.
ARTICLE 7
Delegates and Alternates to International Conventions
Section 1. If in accordance with Article 4, Section 2 of the International Constitution and
By-Laws, this Local in entitled to Delegates in addition to the President, they shall be
elected by secret ballot of the members in good standing.
Section 2. Alternates to conventions shall be elected by secret ballot of the members in
good standing. The credentials of delegates and alternates must certify to this method of
election.
ARTICLE 8
Initiation Fees, Dues and Assessments
Section 1. Initiation fees shall be paid in the amount of$ 10.00.
Section 2. Dues shall be $50.00 each month.
Section 3. Assessments may be made only in the following manner: Each member in
good standing shall be notified in writing at least thirty days in advance of the date on
which the vote for an assessment is to occur The proposed assessment shall become
effective upon a majority vote of the members in good standing, by secret ballot, at a
regular or special meeting.
Section 4. Increases in rates of initiation fees, reinstatement fees, dues or assessments
shall require notice of such proposed increase to be given to the members in good
standing at least thirty days in advance of the date on which the vote for such increase is
to occur. The proposed increase shall be come effective upon a majority vote of the
members in good standing, by secret ballot, at a regular or special meeting.
Section 5. Reinstatement fees shall be $10.00.
ARTICLE 9
Misconduct, Trials and Appeals
Section 1. Any member charged with misconduct as defined in Article XV of the
International Constitution and By-Laws shall be served with written specific charges as
required in Article XVI of the Association Constitution and be given a reasonable time to
prepare his defense and afforded a hearing as provided in Article XVII of the Association
Constitution.
Section 2. Appeals may be made in accordance with Article XVIIrof the International
Constitution and By-Laws; such appeal must be filed with the General President of this
Association within 30 days of the action to be appealed.
ARTICLE 10
Audit
The books and accounts of this Local shall be audited annually, and the last such report
of audit shall be forwarded to the International General Secretary-Treasurer with the seal
of the local within one hundred eighty (180) days of the close of the Local's fiscal year,
and shall include an accurate accounting of all employees within the Local Union's fire
Department.
ARTICLE 11
Amendments
Section 1. This Constitution and By-Laws made under its provisions, may be amended
by a two-thirds vote, (except for changes in dues and assessments, and initiation and
reinstatement fees, which shall require a majority vote,as provided in Article 8, sections 3
and 4 at a regular meeting, provided that each member in good standing is notified in
writing of the proposed amendment at least fifteen days in advance of the meeting at
which the vote will be taken.
Section 2. A proposed amendment to this Constitution, or any By-Laws made under its
provisions, shall be submitted for approval to the International General President prior to
its printing, or issuance, after it has first been adopted by the membership.
SHIFT MEETINGS
Shift meetings should be regarded as generally undesirable if any other method can be
used to achieve the desired results. This is because of the fundamental difficulty in this
type of meeting: that is, the necessity for agreement between the two meetings as to final
action. When shift meetings are determined to be necessary, it is essential that the
following procedures be followed.
1. Both shift meetings should be held, if possible, within 24 hours. It is always desirable
to complete action as soon as it can be done. This is true of any group decision and
especially true of shift meetings.
Both meetings are considered as constituting one meeting as far as total votes are
concerned and also the final results that are to be determined.
2. In order to establish the results of action taken in shift meetings, the total votes cast for
and against the motion are added together. For example, let us assume that Meeting A
votes for a motion and Meeting B votes against it. Meeting A--40 for, 20 against;
Meeting B--30 for, 40 against. The total vote is 70 for and 60 against, 130 votes. A
majority is necessary to adopt any main motion, in this case 66 votes. So the motion is
adopted.
If Meeting A adopts a motion and Meeting B amends it and sends it back to Meeting A,
and Meeting A defeats the amendment, the total number of votes in both meetings
determines whether the amendment is adopted.
For Against
Meeting B 80 50
Meeting A 50 55
130105
The total vote is 235. Vote necessary for adoption of the amendment is 118, 50 the
amendment is adopted.
3. The announcement of a vote must be made only after final action by the last meeting to
vote. It is essential that NO announcement be made until the final vote.
4. If a motion is made at one meeting and later, in the same meeting, it is indefinitely
postponed; the motion is killed and does not go to the other meeting.
5. If an amendment is offered at Meeting A and this amendment is defeated at that
meeting, and later the same amendment is offered at Meeting B and adopted, it is
necessary for the motion as amended, to be returned to Meeting A for final vote.
6. If a motion is made and adopted at Meeting A, it is not in order for Meeting B to table
it. Meeting B must take some action on the motion, whether amendment, reference to
committee, or something else.
7. If Meeting A defeats a motion, it does not go to Meeting B. However, can originate
another motion, the same as that defeated in Meeting A. As a practical matter, this would
only be done when the proponents of the motion have believe that there have been
changes of viewpoint toward the motion, or combination of votes in the two meetings in
favor would be enough to adopt the motion.
8. If Meeting A adopts a motion and it is considered by Meeting B which proposes
amendments and adopts them, and then adopts the motion as amended, the motion as
amended must be voted on by Meeting A.
9. If a motion is passed by Meeting A and Meeting B votes to refer it to a committee, this
has to be referred back to Meeting A for a final vote on referring to a committee; the
combined votes of both meetings determine whether it goes to committee.
10. Meeting A adopts a motion, which is sent to Meeting B. Meeting B votes to
"indefinitely postpone." This kills the motion and it goes no further.
11. If Meeting A, when considering a motion that originated at that meeting, votes to
table it, the motion does not go to Meeting B. Meeting B, however, may originate the
same or a similar motion and, if adopted, send it to Meeting A.
12. If Meeting A votes to postpone a motion to a definite time, the motion and the
postponement to a definite time will both be considered by Meeting B. The total votes
cast for the postponement will determine whether this is done.
13. If Meeting A adopts a motion and Meeting B votes to postpone it to a definite time,
the motion for postponement is to be considered by Meeting A.
14. The Minutes of Meeting A are to be read only at the next session of Meeting A, not at
Meeting B. Each Minutes require action for adoption by the meeting where they originate
and no action by the other meeting.
15. When the action by one meeting makes it necessary to consider a motion at a later
meeting where some of the members, because of a shift change, also change their
meeting attendance, roll-call vote should always be taken. Unless this is done, there is no
way to prevent complete confusion as to when and how a member has already voted. As
this situation of change of shift is a part of the two-shift procedure, the practice of roll
call voting should be followed in shift meetings.
Roll-call lists have to be prepared in advance by the Local Union Secretary. The names of
all members in good standing are listed, in strictly alphabetical order, on the left of each
page; to the right are three columns headed, 'Yes', 'No' and "Present."
The Secretary calls each name and the member responds by saying "Yes' or 'No or
"Present." The Secretary in the proper column records this response.
Members have a right to change their votes from "yes' to 'no" or from "no" to "yes" or
from present to yes or from present to no, at any time before the result is
announced. They cannot change their vote from "yes" or "no' to "present." After the vote
has been announced, there can be no changes.
16. Having the vote taken by written ballot is not to be done in shift meetings, except, of
course, in elections. The object of the roll-call vote is to assure that members vote only
once, even though their shift has changed.
17. Because of the fact that, if there are three shifts, two-thirds of the members will be off
duty at a given time; there is no need for three-shift meetings. There are too many
possible complications in running three-shift meetings, all of which for some purposes
would have to be regarded as one meeting. There could be almost endless adopting of
amendments to motions and delaying tactics of various kinds. A determined minority in
these meetings could effectively prevent action through tactics to be found in any manual
of parliamentary law.
The object of Local Union meetings includes the consideration of subjects properly
presented to the membership, and to take action by majority vote. Under the
circumstances which would prevail in the three-meeting procedures, it would be
extremely difficult to either adequately consider subjects or to take final action upon
them.
Responsible union leadership is properly concerned with providing the maximum
practical protection for member's rights in meetings. The three-shift meeting procedure,
by its very structure, offers many opportunities for the curtailment of these rights. It is for
these reasons that such meetings should not be held.
As the local plans and conducts two-shift meetings, it should keep in mind the basic
principles which apply to the conduct of all meetings; the minority have the right to
express their views and to offer any proper motion; eventually, the majority make the
decision. Once the decision has been made, it is the duty of all members to abide by the
result until another decision is reached. This is the essence of democracy.
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SECRETARY OF STATE . ¢�
11 BILL JONES, Secretary of State of the State of California,
hereby certify:
That the attached transcript of __ I page(s) was
prepared by and in this office from the record on file, of
which it purports to be a copy, and that it is full, true
and correct.
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
� the State of California this day of
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.1 Secretary of State
Sec-State Farm Cc-1 08 rec.6 961
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ARTICLES OF INCORPORATION
OF
ATASCADERO VOLUNTEERS
A CALIFORNIA NONPROW PUBLIC MENT CORPORATION
ONE:71n nn of this Corporation is Atascad-zo,Vclunoers.
TWO:lbs oorporation is a noop vM public beaefn wqwatim and is nat oWsized for the private yan of
any pawn. It is organized under the Nonp fit Public Benefit Caporation,Low for charitabie purposes.
TEME:Tare specaftc purpose of this corporation is to aid the Atascadero City Fine Department and
promote good will and betterment to the community of Atastadero.It is orgnized for all mambers of the
Amscadero Fine Dqwunent,whedw they are W Resesve,or Volunim.
FOUR:nm name and addms in the State of Califorma of this eorporadws initial agent for service of
PR's is:
Casey Bryson
14500 San Antonio Road,Atasmder,o,CA 93422
FIVE: This Corporation is organized and operated exduw.Fdy for social welfane proposes within the
•meaning of IRC Section 501(cY4).
SIX: 'Ihe property of this eorpaataan is irrievopibay dedicated to excn pt parpoeex and no pari of the rw-f
: . inPome orassets of this corporation dt#ll ever inane to the benefit of aa�dir+actar,or5oer or member thereof
'dr'to-the bendit"of any private paw&
EVIr Ir: Upon the dissolution or winding up the corporation,its assets at"PYMCK or
Wmision'for pa Tftt,of all debts and habikl a of this corporation shall be dioftrted to a noep &fiord,
. r•foandadw or eorpors 00 whKh is orpawd and operated exdnd%*for social waft parposea and
which has established its tax-exempt status under IRC Section 501(cx4).
Date:hrnorry 19,1000
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Casey D.Bryson
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