HomeMy WebLinkAbout2018-014 APF MOUMEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO PROFESSIONAL FIREFIGHTERS
LOCAL 3600
m
CITY OF ATASCADERO
JULY 1, 2018 — June 30, 2020
Firelighters' MOU 2018 - 24120 Page I
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/Paramedic
• Firefighter/HazMat Specialist
• Firefighter/Paramedic/HazMat Specialist
• Firefighter/FEO
• Firefighter/FEO/HazMat Specialist
• Firefighter/FEO/Paramedic
• Firefighter/FEO/Paramedic/HazMat Specialist
Fire Engineer Classification
• Fire Engineer
• Fire Engineer/Paramedic
• Fire Engineer/HazMat Specialist
• Fire Engineer/Paramedic/HazMat Specialist
• Fire Engineer/OIC
• Fire Engineer/OIC/HazMat Specialist
• Fire Engineer/OIC/Paramedic
• Fire Engineer/OIC/Paramedic/HazMat Specialist
Fire Captain Classification
• Fire Captain
• Fire Captain/Paramedic
• Fire Captain/HazMat Specialist
• Fire Captain/Paramedic/HazMat Specialist
Fire Marshal Classification
• Fire Marshal
For purposes of this MOU, positions with a FEO, OIC, Paramedic and/or HazMat 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.
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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.
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 11- 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.
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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 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 111 - - 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 with the exception of the Fire Marshal/Code
Enforcement Officer. 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 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
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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.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This two (2) year agreement shall provide salary increases according to the following formula and schedule:
Year I- Effective July I, 2018, all employees covered under this MOU shall receive a 2.8% (two point eight
percent) salary increase.
The following monthly salaries become effective July I, 2018.
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MONTHLY SALARY
Effective July 1, 2018
CLASSIFICATION I STEP A I STEP B I STEP C I STEPID I STEP E
Firefighter
$ 5,292.78
$ 5,557.42
$ 5,835.29
$ 6,127.05
$ 6,433.40
Firefighter/FEO
$ 5,398.64
$ 5,668.57
$ 5,952.00
$ 6,249.60
$ 6,562.08
Firefighter/ Haz Mat Specialist
$ 5,398.64
$ 5,668.57
$ 5,952.00
$ 6,249.60
$ 6,562.08
Firefighter/FEO/Haz Mat Specialist
$ 5,506.61
$ 5,781.94
$ 6,071.04
$ 6,374.59
$ 6,693.32
Firefighter/Paramedic
$ 5,822.06
$ 6,113.16
$ 6,418.82
$ 6,739.76
$ 7,076.75
Firefighter/FEO/Paramedic
$ 5,938.50
$ 6,235.43
$ 6,547.20
$ 6,874.56
$ 7,218.29
Firefighter/Paramedic/HazMat Spec.
$ 5,927.91
$ 6,224.31
$ 6,535.53
$ 6,862.31
$ 7,205.43
Firefighter/FED/Paramedic/HazWet Spec.
$ 6,046.47
$ 6,348.79
$ 6,666.23
$ 6,999.54
$ 7,349.52
Fire Engineer
$ 5,692.97
$ 5,977.62
$ 6,276.50
$ 6,590.33
$ 6,919.85
Fire Engineer/OIC
$ 5,806.83
$ 6,097.17
$ 6,402.03
$ 6,722.13
$ 7,058.24
Fire Engineer/ Haz Mat Specialist
$ 5,806.83
$ 6,097.17
$ 6,402.03
$ 6,722.13
$ 7,058.24
Fire Engineer/OIC/Haz Mat Specialist
$ 5,922.97
$ 6,219.12
$ 6,530.08
$ 6,856.58
$ 7,199.41
Fire Engineer/Paramedic
$ 6,262.27
$ 6,575.38
$ 6,904.15
$ 7,249.36
$ 7,611.83
Fire Engineer/OIGPararredic
$ 6,387.52
$ 6,706.90
$ 7,042.25
$ 7,394.36
$ 7,764.08
Fire Engineer/Paramedic/HazMat Spec.
$ 6,376.13
$ 6,694.94
$ 7,029.69
$ 7,381.17
$ 7,750.23
Fire Engineer/OIC/Paramedic/HazMat Spec.
$ 6,503.65
$ 6,828.83
$ 7,170.27
$ 7,528.78
$ 7,905.22
Fire Captain
$ 6,755.07
$ 7,092.82
$ 7,447.46
$ 7,819.83
$ 8,210.82
Fre Marshal
$ 6,755.07
$ 7,092.82
$ 7,447.46
$ 7,819.83
$ 8,210.82
Fire Captain/ Haz Mat Specialist
$ 6,890.17
$ 7,234.68
$ 7,596.41
$ 7,976.23
$ 8,375.04
Fire Marshal / Haz Mat Specialist
$ 6,890.17
$ 7,234.68
$ 7,596.41
$ 7,976.23
$ 8,375.04
Fire Captain/Paramedic
$ 7,430.58
$ 7,802.11
$ 8,192.22
$ 8,601.83
$ 9,031.92
Fire Captain/Paramedic/HazMat Spec.
$ 7,565.68
$ 7,943.96
1 $ 8,341.16
$ 8,758.22
1 $ 9,196.13
Year 2- Effective June 22, 2019, or as soon thereafter as administratively possible, Classic Association members in
Tier 1 and Tier 2 CaIPERS will begin paying additional employee contributions to CalPERS in accordance with
Section 4.3 below. Effective the date of implementation of the increased employee CalPERS contribution as
outlined in Section 4.3 below, a0 positions covered under this MOU shall receive a 4.05% (four point zero five
percent) salary increase. In the event that the increased CaIPERS employee contribution is not implemented by July
6, 2019, the Association members shall receive a 2.5% (two point five percent) salary increase from July I, 2019
until the date of implementation.
The following monthly salaries become effective upon implementation of the increased employee CaIPERS
contribution as outlined in Section 4.3 below (estimated to be June 22, 2019).
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MONTHLY SALARY
Effective Upon Implementation of Increased Employee CaIPERS Contributions as
Outlined in Section 4.3 (Estimated to be June 22, 2019)
I CLASSIFICATION I STEP A I STEP B I STEP C I STEP D I STEP E I
Firefighter
$ 5,507.14
$ 5,782.50
$ 6,071.63
$ 6,375.21
$ 6,693.97
Firefighter/FEO
$ 5,617.28
$ 5,898.14
$ 6,193.05
$ 6,502.70
$ 6,827.84
Firefighter/ Haz Mat Specialist
$ 5,617.28
$ 5,898.14
$ 6,193.05
$ 6,502.70
$ 6,827.84
Firefighter/FEO/Haz Mat Specialist
$ 5,729.63
$ 6,016.11
$ 6,316.92
$ 6,632.77
$ 6,964.41
Firefighter/Paramedic
$ 6,057.85
$ 6,360.74
$ 6,678.78
$ 7,012.72
$ 7,363.36
Firefighter/FED/Paramedic
$ 6,179.01
$ 6,487.96
$ 6,812.36
$ 7,152.98
$ 7,510.63
Firefighter/Paramedic/Haz Mat Spec.
$ 6,168.00
$ 6,476.40
$ 6,800.22
$ 7,140.23
$ 7,497.24
Firefighter/FEO/Paramedic/HazMat Spec.
$ 6,291.36
$ 6,605.93
$ 6,936.23
$ 7,283.04
$ 7,647.19
Fire Engineer
$ 5,923.54
$ 6,219.72
$ 6,530.71
$ 6,857.25
$ 7,200.11
Fre Engineer/OIC
$ 6,042.01
$ 6,344.11
$ 6,661.32
$ 6,994.39
$ 7,344.11
Fire Engineer/ Haz Mat Specialist
$ 6,042.01
$ 6,344.11
$ 6,661.32
$ 6,994.39
$ 7,344.11
Fire Engineer/OIC/Haz Mat Specialist
$ 6,162.85
$ 6,470.99
$ 6,794.54
$ 7,134.27
$ 7,490.98
Fire Engineer/Paramedic
$ 6,515.89
$ 6,841.68
$ 7,183.76
$ 7,542.95
$ 7,920.10
Fire Engineer/OIC/Paramedic
$ 6,646.21
$ 6,978.52
$ 7,327.45
$ 7,693.82
$ 8,078.51
Fre Engineer/Paramedic/HazMat Spec.
$ 6,634.36
$ 6,966.08
$ 7,314.38
$ 7,680.10
$ 8,064.11
Fire Engineer/DIC/Paramedic/HazMat Spec.
$ 6,767.05
$ 7,105.40
$ 7,460.67
$ 7,833.70
$ 8,225.39
Fire Captain
$ 7,028.67
$ 7,380.10
$ 7,749.11
$ 8,136.57
$ 8,543.40
Fire Marshal
$ 7,028.67
$ 7,380.10
$ 7,749.11
$ 8,136.57
$ 8,543.40
Fire Captain/ Haz Mat Specialist
$ 7,169.24
$ 7,527.70
$ 7,904.09
$ 8,299.29
$ 8,714.25
Fire Marshal / Haz Mat Specialist
$ 7,169.24
$ 7,527.70
$ 7,904.09
$ 8,299.29
$ 8,714.25
Fre Captain/Pararredic
$ 7,731.54
$ 8,118.12
$ 8,524.03
$ 8,950.23
$ 9,397.74
Fre Captain/Pararredic/HazMat Spec.
$ 7,872.11
$ 8,265.72
$ 8,679.01
$ 9,112.96
$ 9,568.61
a. Steps B, C, D, and E may be paid upon completion of twelve months of employment at the preceding step
where the employee has demonstrated at least satisfactory job progress and normally increasing productivity,
and upon recommendation of the Department Head and approval of the City Manager.
b. Employees who are trained, qualified and assigned by the Fire Chief to E.M.T. Paramedic duties shall receive ten
percent (10%) more in base salary than those positions within the same classification without paramedic duties.
c. Employees who serve on the San Luis Obispo County Hazardous Incident Response Team (SLOHIRT) shall
receive two percent (2%) more in base salary than those positions within the same classification which do not serve
on SLOHIRT.
d. 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.
e. 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.
f 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.
SECTION 4.2 EDUCATION INCENTIVE PAY
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Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related educational expenses for
attending college or other professional training, providing the coursework is job-related and the employee received a
passing grade.
SECTION 4.3 RETIREMENT
a. Employees are provided retirement benefits through the California Public Employees Retirement System
(CalPERS).
CLASSIC MEMBERS TIER I
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire Marshal/Code Enforcement
Officer and Fire Captains hired on or before July 14, 2012 are provided benefits pursuant to the 3% @ 50
Benefit Formula (Government Code Section 21362.2), Final Compensation I 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).
In early 2019, City shall initiate a CalPERS contract amendment, providing for Sworn Safety Members in
the Classic Tier 1 level to participate in an additional three percent (3%) of cost sharing toward the
employer rate, pursuant to Section 20516. This cost sharing will become effective June 22, 2019, or as
soon thereafter as administratively possible. Following adoption of Resolution of Intention for the contract
amendment with CalPERS, employees shall hold secret ballot election as required by CalPERS to approve
the CalPERS contract change. If the employees approve the contract amendment, effective June 22, 2019,
or as soon thereafter as administratively possible, employees will begin paying the additional cost sharing
amount of three percent (3%) toward the employer's rate, and the increased contributions will be credited
to each member's account as normal contributions. The contributions will be made on a pre-tax basis as
allowed under Internal Revenue Service Code Section 414 (h) (2) or as otherwise permitted by law.
In the event employees do not approve the CalPERS contract amendment, effective June 22, 2019, or as
soon thereafter as administratively possible, Sworn Safety Members in the Classic Member Tier I level
will begin paying the additional cost sharing contribution amount of three percent (3%) toward the
employers' rate, however, the additional cost sharing contribution amount of three percent (3%) will not be
credited to each member's account and will not be made on a pre-tax basis as provided by law.
CLASSIC MEMBERS TIER 2
Sworn Safety Member employees including Firefighters, Fire Engineers, Fire Marshal/Code Enforcement
Officer 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).
In early 2019, City shall initiate a Ca1PERS contract amendment, providing for Sworn Safety Members in
the Classic Tier 2 level to participate in an additional three percent (3%) of cost sharing toward the
employer rate, pursuant to Section 20516. This cost sharing will become effective June 22 2019, or as
soon thereafter as administratively possible. Following adoption of Resolution of Intention for the contract
amendment with CalPERS, employees shall hold secret ballot election as required by CalPERS to approve
the CaIPERS contract change. If the employees approve the contract amendment, effective June 22, 2019,
or as soon thereafter as administratively possible, employees will begin paying the additional cost sharing
amount of three percent (3%) toward the employer's rate, and the increased contributions will be credited
to each member's account as normal contributions. The contributions will be made on a pre-tax basis as
allowed under Internal Revenue Service Code Section 414 (h) (2) or as otherwise permitted by law.
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In the event employees do not approve the CalPERS contract amendment, effective June 22, 2019, or as
soon thereafter as administratively possible, Sworn Safety Members in the Classic Member Tier 2 level
will begin paying the additional cost sharing contribution amount of three percent (3%) toward the
employer's rate, however, the additional cost sharing contribution amount of three percent (3%) will not be
credited to each member's account and will not be made on a pre-tax basis as provided 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, Fire Marshal/Code Enforcement Officer and
Fire Captains hired on or after January 1, 2013 who meet the definition of a CaIPERS 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 CaIPERS) includes Level Four (4) of the
1959 Survivor's Benefit. The employees shall pay the monthly cost of the benefit.
c. Qualifying employee contributions shall be contributed to CalPERS on a pre-tax basis to the extent permitted by
law.
d. The City shall provide the Military Service Credit as Public Service(Section 21024 of the Government Code)
and Military Service Credit for Retired Persons (Section 21027 of the government Code), provided there is no
direct cost to the City.
SECTION 4.4 SICK LEAVE/STAY WELL PLAN
a. Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Personnel
System Rules. It is agreed that nothing herein shall be construed as providing any vested right, monetary or
otherwise, to any unused sick leave existing at time of discharge or voluntary separation from City service, except at
time of retirement in accordance with the City's Public Employees Retirement System contract.
b. Sick leave accumulates at a rate of 5.54 hours per pay period. There is no limit to the accumulation.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without 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 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City Personnel System Rules.
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.
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SECTION 4.6 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 maybe used as either paid time off or paid in cash at the option of the employee with the approval
of the Fire Chief.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System Rules
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non -Fire suppression personnel or
two (2) shifts of bereavement leave for Fire suppression personnel for bereavement purposes. Bereavement purposes
include (1) the death of a member of the employee's immediate family, and (2) the critical illness of a member of
the employee's immediate family where death appears to be imminent. The amount of bereavement leave provided
under this section is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is
granted.
For purposes of this section, "immediate family" means: spouse or domestic partner, parent (including biological,
foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child (including biological,
foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in
loco parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law,
sister-in-law or significant other. Twenty-four (24) hours or two (2) shifts of the paid absence shall be considered
"bereavement leave", and any remaining time shall be from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee may submit a
request to his/her Department Head and request additional time off work. If approved, the employee must use their
other accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional
leave. However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement
purposes. If the additional leave approved by the Department Head is longer than forty (40) hours, the employee is
required to use accrued paid leave other than sick leave.
SECTION 4.8 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 4.90 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 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.
Firefighters' MOU 2018 - 2020 Page 10
ARTICLE V - HEALTH AND WELFARE
SECTION 5.1 HEALTH INSURANCE COVERAGE
a. Effective January 1, 2018, for unit members who elect to have "Family" coverage, the City shall pay an amount
not to exceed $1,758.44 per month for employees electing Family coverage.. The City contribution shall go
toward the cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee
and dependents. City shall pay for increased costs to medical, dental, vision and life insurance premiums for the
employee and fifty percent (50%) of increased costs for dependents based upon HMO plan costs.
b. Effective January 1, 2018, for unit members who elect to have `Employee +1" coverage, the City shall pay a an
amount not to exceed $1,297.55 per month for employees electing Employee +I 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, 2018, for unit members who elect to have "Employee Only" coverage, the City shall pay an
amount not to exceed $1,014.11 per month for employees electing Employee Only coverage. The City
contribution shall go toward the cost of all medical, dental, vision and life insurance benefit premiums for the
unit member employee. City shall pay for increased costs to medical, dental, vision and life insurance premiums
for the employee based upon HMO plan costs.
For unit members who elect to have "Employee Only" coverage, available funds remaining from the City's
contribution toward insurance coverage shall be paid to an employee hired on or before September I, 2000 as
additional compensation. This amount shall not exceed $319.53 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand
dollars ($15,000) 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. The City shall make available to employees covered by this MOU a Flexible Benefit Plan, in compliance with
applicable Internal Revenue Code provisions. The plan will enable an employee to, on a voluntary basis, cover
additional out of pocket premium expenses for insurance through pretax payroll dollars.
SECTION 5.2 UNIFORM ALLOWANCE
The purpose of the uniform allowance is for the purchase, replacement, maintenance and cleaning of uniform
clothing, including t -shirts and hats.
a. The City shall provide an annual uniform allowance of nine hundred fifteen dollars ($915) for each
Association employee.
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
Firefighters' MOU 2018 - 2020 Page 11
his initial uniform allowance, would equal $915. The amount advanced upon hire would then be deducted
from the employee's first full uniform allowance check received the following January. (Example: If an
employee worked six months in the first calendar year, he/she would receive $915 in that first year and
$457.50 in the second calendar year. All subsequent years the employee would receive the full $915 until
separation from the City.)
When an employee separates from the City, the uniform allowance will be prorated based upon the number
of days employed in the then current calendar year and any amounts owed to the City will be deducted
from his/her final check.
SECTION 5.3 PHYSICAL FITNESS
The parties agree to establish a committee consisting of an equal number of representatives from the City and the
Association for the purpose of developing a physical fitness program that will be implemented in the Fire Department for
all employees in the unit. The committee will meet as needed to develop recommendations for the Fire Chief. The
physical fitness program will include the following elements: 1) Mandatory participation, 2) Established standards, and
3) City -provided physicals.
SECTION 5.4 HEALTH AND WELLNESS EXAMS
The City shall add to the Fire Department budget three hundred seventy-five dollars ($375) per full-time employee for
health and wellness exams according to the following schedule:
• Annually for Fire Department safety personnel aged 40 and over
• Every other year for Fire Department safety personnel aged 30-39
• Every three years for Fire Department safety personnel aged 20-29
The total amount budgeted will be coordinated in cooperation with the City. This amount will be paid directly to the
health care professional or medical group and not to the employee.
ARTICLE VI—OTHER
SECTION 6.1 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance with Rule 9 of July
2012 City of Atascadero Personnel System Rules. Each original and promotional appointment made to a position in the
competitive service shall be subject to a probationary period. The length of the original and promotional probationary
period shall each be at least 12 month of service in the position for all employees. At the discretion of the Department
Head and with the approval of the City Manager, the probationary period may be extended for a maximum of six
additional months when the Department Head has determined that the employee has not yet successfully completed
his/her probationary period.
SECTION 6.2 PROMOTIONAL OPPORTUNITIES
Upon completion of the probationary period, qualified employees in the classification of Firefighter will be provided an
opportunity to be examined and promoted to the classification of Fire Engineer provided there is a vacancy. There shall
be a maximum of ten (10) Fire Engineer positions funded.
SECTION 6.3 CELL PHONE REIMBURSEMENT
For fiscal year 2018-2019 the City agrees to reimburse each full-time employee a flat rate of nine dollars ($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.
Firefighters' MOU 2018 - 2020 Page 12
Effective July I, 2019. the City agrees to reimburse each full-time employee a flat rate of nine dollars ($20.00) per
month for the use of their personal cell phone for City business. This amount will be paid once per year in a lump
sum amount. Where applicable, the months will be pro -rated.
SECTION 6.4 FIRE EQUIPMENT OFFICER (FEO) ASSIGNMENT
There will be a maximum of one (1) FEO position compensated at any one time. 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.
I. Employee must have completed Firefighter Probation
2. Employee must have completed AFD Driver/Operator and Ladder Truck modules
3. Employee must have complete dCSFM Driver/Operator Certification
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 Chiefs discretion, either completing an FEO equivalency test with a passing score or
completing Fire Chief required FEO training.
Failure to re -qualify every two years will result in revocation of assignment.
SECTION 6.5 OFFICER IN CHARGE (OIC) ASSIGNMENT
There will be a maximum of four (4) OIC positions compensated at any one time. Selection will be based on
completion of department OIC qualification process and appointment will solely be the decision of the Fire Chief.
In order to be eligible for the OIC assignment, employees must meet the following minimum qualifications:
I. Employee must have completed County Company Officer Taskbook
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 Chiefs discretion, either completing an OIC equivalency test with a passing score or
completing Fire Chief required OIC training.
Failure to re -qualify every two years will result in revocation of assignment.
SECTION 6.6 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
Firefighters' MOU 2018 - 2020 Page 13
ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 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, 2020.
SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommegionthewing re resentatives:
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Mayor Dae City Manager Date
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