HomeMy WebLinkAbout2024-008 A1 MOU Atas. Professional FirefightersSide Letter of Agreement
City of Atascadero
And
Atascadero Professional Firefighters Local 3600
August 11, 2026
Pursuant to the provisions of the Meyers-Milias-Brown Act (“MMBA”), and Sections 1.4.b and
6.2 of the Memorandum of Understanding (“MOU”) between the City of Atascadero (“City”)
and the Atascadero Professional Firefighters Local 3600 (“Association”) effective July 1, 2024
through June 30, 2027 (“MOU”), this Side Letter of Agreement (“Side Letter Agreement”) is
entered into on August 11, 2026, between the City and the Association as an amendment to the
MOU. The Association and the City are collectively referred to herein as the “parties.” It is
understood and agreed that the specific provisions contained in this Side Letter Agreement shall
supersede any previous agreements, whether oral and written, regarding the matters contained
herein. Except as provided herein, all wages, hours and other terms and conditions of
employment presently enjoyed by the Association in the MOU shall remain in full force and
effect.
The City and Association have met and conferred in good faith concerning the terms and
conditions of this Side Letter Agreement and its implementation and agree to the following:
ARTICLE III - - HOURS OF WORK AND OVERTIME
SECTION 3.1 HOURS OF WORK
a. Work Period
The normal work period, pursuant to Section 207 (k) of the Fair Labor Standards Act, shall be
twenty-eight (28) days for all full-time permanent sworn safety positions.
The normal work period for Fire Captains assigned to the role of Fire Marshal shall be seven
(7) days with a maximum non-overtime of forty (40) hours.
All hours worked in excess of the employee’s regularly recurring work schedule shall be paid
at the overtime rate of one and one-half of the employee’s regular rate of pay.
b. Definition of Shift Employees
Shift employees are assigned to positions which duties are performed on a twenty-four (24)
hour day, seven (7) days a week basis, and include:
• Firefighter
• Fire Engineer
• Fire Captain
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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.
Fire Captains assigned to the role of Fire Marshal may accumulate up to 120 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 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. Fire Captains assigned to the
role of Fire Marshal accumulates at a rate of 3.69 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. Fire Captains assigned to the role of Fire Marshal with 384 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
(or 384 for Fire Captains assigned to the role of Fire Marshal) hours of sick leave.
2. Once the eligibility requirements have been met, an employee may opt to receive a pay-off
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equal to one-third (1/3) of the unused annual allotment of sick leave. (The annual allotment
is 144.04 hours or 95.94 for Fire Captains assigned to the role of Fire Marshall).
3. Checks will be prepared by December 15 of each year.
SECTION 4.6 VACATION LEAVE
a. Paid vacation leave accrues from the date of hire on a bi-weekly basis and increases after
completion of the required years of service as follows:
Years of Service Accrual Rate
Less than 3 years 5.00 shifts/yr or 4.61 hrs/pp
3 years completed 5.60 shifts/yr or 5.17 hrs/pp
5 years completed 6.53 shifts/yr or 6.03 hrs/pp
7 years completed 7.59 shifts/yr or 7.01 hrs/pp
9 years completed 8.40 shifts/yr or 7.75 hrs/pp
11 years completed 9.33 shifts/yr or 8.61 hrs/pp
15 years completed 10.26 shifts/yr or 9.47 hrs/pp
20 years completed 11.20 shifts/yr or 10.34 hrs/pp
Fire Captains assigned to the role of Fire Marshall shall accrue as follows:
Years of Service Accrual Rate
Less than 3 years 10 days/yr or 3.08 hrs/pp
3 years completed 12 days/yr or 3.69 hrs/pp
5 years completed 14 days/yr or 4.31 hrs/pp
7 years completed 16 days/yr or 4.92 hrs/pp
9 years completed 18 days/yr or 5.54 hrs/pp
11 years completed 20 days/yr or 6.15 hrs/pp
15 years completed 22 days/yr or 6.77 hrs/pp
20 years completed 24 days/yr or 7.385 hrs/pp
The above schedule is based on full-time employment.
b. Employees shall be entitled to vacation leave consistent with the City Personnel System
Rules.
c. It is agreed and understood that the taking of vacation shall be as scheduled by the Fire
Chief subject to the needs of the City.
SECTION 4.7 HOLIDAYS
a. Employees shall receive five and 6/10 (5.6) shifts annually or 5.17 hours bi-weekly. Said
holidays shall be credited in accordance with procedures established by the Personnel Officer.
b. Holiday time may be used as either paid time off or paid in cash at the option of the employee
with the approval of the Fire Chief.
c. Fire Captains assigned to the roll of Fire Marshal shall observe City holidays. The City shall
recognize the following days as official City holidays.
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Holiday Day Observed
New Year's Day January 1
Martin Luther King, Jr. Birthday 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veteran's Day November 11
Thanksgiving Day 4th Thursday in November
Day After Thanksgiving Friday after Thanksgiving
Christmas Eve Day December 24
Christmas Day December 25
"Floating" Holiday Off As Scheduled; Accrues January 1
Fire Captains assigned to roll of Fire Marshal employed by the City as of January 1st of each year
shall be eligible for one floating holiday (8 hours). Floating holidays must have prior department
approval and shall be consistent with the efficient operation of the department. The floating holiday
may be used between January 1 and December 31 of each year.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City Personnel System
Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for non-Fire
suppression personnel (including Fire Captains assigned to the roll of Fire Marshal) or two (2)
shifts of bereavement leave for Fire suppression personnel for bereavement purposes.
Bereavement purposes include (1) the death of a member of the employee’s immediate family, (2)
the critical illness of a member of the employee’s immediate family where death appears to be
imminent, and (3) reproductive loss. The amount of bereavement leave provided under this section
is twenty four (24) hours or two (2) shifts per family member.
The employee may be required to submit proof of a relative's death or critical illness before final
approval of leave is granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent
(including biological, foster, or adoptive parent, a stepparent, or a legal guardian), grandparent,
grandchild, child (including biological, foster, or adopted child, a stepchild, a legal ward, a child
of a domestic partner, or a child of a person standing in loco parentis), brother, sister, aunt, uncle,
son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law or
significant other.
Reproductive loss includes miscarriage, stillbirth, failed adoption, failed surrogacy or unsuccessful
assisted reproduction. Reproductive loss leave time in excess of 20 days within a 12-month period
will require additional Department Head approval.
Twenty-four (24) hours for non-Fire suppression personnel or forty-eight (48) hours, two (2) shifts,
for Fire suppression personnel of the paid absence shall be considered "bereavement leave", and
any remaining time shall be from other paid time off available to the employee. However, the
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employee may not use more than forty (40) hours of accrued sick leave for non-Fire suppression
personnel (including Fire Captains assigned to the roll of Fire Marshal) or forty-eight (48) hours
of accrued sick leave for Fire suppression personnel for bereavement purposes.
Bereavement leave longer than forty (40) hours for non-Fire suppression personnel and forty-eight
(48) hours for Fire suppression personnel will require Department Head approval.
This language shall be in effect beginning August 11, 2026.
For the City of Atascadero: For AFFA:
______________________________ __________________________
James R Lewis Date Date
City Manager
_______________________
Date
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8/26/2026
8/26/2026 8/26/2026