HomeMy WebLinkAboutUnit 10 - Amended MOU - IAFF Fire-ManagementAMENDED
BETWEEN AND FOR THE
CITY OF FRESNO
AND
FRESNO CITY FIREFIGHTERS ASSOCIATION
LOCAL No. 202
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
A.F.L. - C.I.O.
(Fire Management - Unit 10)
DECEMBER 9, 2021 TO JUNE 30, 2024
TABLE OF CONTENTS
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page i
ARTICLE I – PREAMBLE ........................................................................................................... 1
A. PURPOSE ......................................................................................................................... 1
B. DEFINITIONS ................................................................................................................... 1
C. GOVERNING LAWS ........................................................................................................ 1
ARTICLE II – EMPLOYEE RIGHTS .......................................................................................... 2
A. GENERAL ......................................................................................................................... 2
B. EMPLOYEE RESPONSIBILITIES ................................................................................. 2
C. NONDISCRIMINATION................................................................................................... 2
ARTICLE III – CITY RIGHTS ..................................................................................................... 3
A. GENERAL ......................................................................................................................... 3
ARTICLE IV – RECOGNITION .................................................................................................. 4
A. ASSOCIATION RECOGNITION .................................................................................... 4
B. RECOGNITION OF UNIT DESCRIPTION ................................................................... 4
C. CITY RECOGNITION ...................................................................................................... 4
D. RECOGNITION OF MUTUAL OBLIGATION............................................................... 4
E. INFORMATION TO ASSOCIATION ............................................................................. 4
F. LOCKOUT AND STRIKE ................................................................................................ 5
G. UNILATERAL ACTION .................................................................................................... 5
H. NEW EMPLOYEE ORIENTATION ................................................................................ 5
I. EMPLOYEE INFORMATION ......................................................................................... 6
J. LEAVE FOR ASSOCIATION BUSINESS BY UNION OFFICERS........................... 6
ARTICLE V – SCOPE OF REPRESENTATION ..................................................................... 7
A. GENERAL ......................................................................................................................... 7
B. GRIEVANCE PROCEDURE .......................................................................................... 7
ARTICLE VI – DUES DEDUCTION ........................................................................................ 10
A. GENERAL ....................................................................................................................... 10
B. DUES CHECK-OFF ....................................................................................................... 10
C. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION ................................... 10
D. DUES DEDUCTION....................................................................................................... 10
ARTICLE VII – COMPENSATION AND BENEFITS ............................................................ 11
A. GENERAL ....................................................................................................................... 11
B. SALARIES AND PENSION CONTRIBUTION ........................................................... 11
C. LIFE INSURANCE AND DISABILITY COVERAGE ................................................. 14
D. HEALTH AND WELFARE ............................................................................................. 14
E. UNIFORM ALLOWANCE .............................................................................................. 15
F. PREMIUM PAY............................................................................................................... 15
1. Working Additional Full or Partial Shifts .................................................. 15
2. Education Incentive ................................................................................ 16
3. Mutual Aid Agreements/Overhead Replacement Pay ............................ 16
4. Staff Position Assignments ..................................................................... 17
5. Bilingual Certification Program ............................................................... 17
G. LEAVES ........................................................................................................................... 18
1. Holiday Leave ......................................................................................... 18
2. Vacation Leave ....................................................................................... 19
TABLE OF CONTENTS
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page ii
3. Management Leave ................................................................................ 19
4. Management Time Off ............................................................................ 20
5. Sick Leave .............................................................................................. 20
6. Compensation for Unused Leave ........................................................... 20
7. Protected Sick Leave .............................................................................. 21
8. Bereavement Leave ............................................................................... 21
H. SICK LEAVE BENEFIT AT THE TIME OF ELECTION TO ENTER THE
DEFERRED RETIREMENT OPTION (DROP) OR AT RETIREMENT ................. 21
I. RETIREMENT ATTENDANCE/HEALTH INCENTIVE ............................................. 22
J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA) .......................................... 22
K. JURY DUTY AND COURT APPEARANCES ............................................................ 23
L. ABSENT WITH RELIEF (AWR) ................................................................................... 24
M. WORKERS' COMPENSATION.................................................................................... 24
N. SUPPRESSION SERVICE DELIVERY ...................................................................... 25
O. AMERICANS WITH DISABILITIES ACT (ADA), FAMILY MEDICAL LEAVE ACT
(FMLA), CALIFORNIA FAMILY RIGHTS ACT (CFRA) AND WORKPLACE
VIOLENCE ...................................................................................................................... 25
P. TOBACCO POLICY AND DRUG/ALCOHOL TESTING PROCEDURES ............ 26
Q. HOURS OF WORK AND SCHEDULES ..................................................................... 26
R. DEPUTY FIRE CHIEF STATUS .................................................................................. 27
ARTICLE VIII – HEADINGS/REFERENCES/CITATIONS .................................................. 28
A. HEADINGS ...................................................................................................................... 28
B. REFERENCES/CITATIONS ......................................................................................... 28
ARTICLE IX – SAVING CLAUSE/FULL UNDERSTANDING ............................................. 29
A. SAVING CLAUSE .......................................................................................................... 29
B. FULL UNDERSTANDING ............................................................................................. 29
ARTICLE X – TERMINATION .................................................................................................. 30
EXHIBIT I - SALARIES .............................................................................................................. 32
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more
sections/subsections
deleted bold type = new language
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding, hereinafter MOU, entered into between the
City of Fresno, hereinafter referred to as the City, and Fresno City Firefighters
Association Local 202 International Association of Fire Fighters, AFL-CIO, (Fire
Management - Unit 10) hereinafter referred to as the Association, has as its
purpose: To establish wages, hours, and other terms and conditions of
employment for the members of this Unit.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and except to
the extent that a particular word or phrase is otherwise specifically defined in this
MOU, the definitions and provisions contained in Sections 3-101, 3-201, 3-301,
3-401 and 3-603 of the Fresno Municipal Code (hereinafter FMC) shall govern
the construction, meaning, and application of words and phrases used herein.
The definition of each word or phrase shall constitute, to the extent applicable,
the definition of each word or phrase which is derivative from it, or which it is a
derivative, as the case may be.
C. GOVERNING LAWS
The legal relationship between the City and its employees and the City and the
Association is governed by Chapter 10 of Division 4 of Title I of the Government
Code (Section 3500 et seq., commonly known as the Meyers-Milias-Brown Act),
Chapter 4 of Part 7 of Division 2 of the California Labor Code (Sections 1960,
1961, 1962, and 1963), as may be amended from time to time, and Article 6 of
Chapter 3 of the FMC. In the event of any conflict between said laws and this
MOU, or in the event of conflicts in interpretation, said laws shall govern.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 2
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees, except as expressly modified herein, are as set forth in
FMC Section 3-604. Execution of this MOU by the Association shall not be
deemed a waiver of any Association or employee right unless the right is clearly
or explicitly modified or restricted herein.
B. EMPLOYEE RESPONSIBILITIES
All employees in the Fire Management Unit, hereinafter Unit, acknowledge that
the City shall consider the positions and proposals of the Association as the meet
and confer positions and proposals of all employees, individually and collectively,
in said Unit.
C. NONDISCRIMINATION
The provisions of this MOU shall apply equally to and be exercised by, all
employees consistent with state and federal nondiscrimination statutes. City
practices and policies will be consistent with the requirements mandated by
applicable federal and state nondiscrimination statutes.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 3
ARTICLE III
CITY RIGHTS
A. GENERAL
1. The rights of the City include those rights enumerated in FMC Section 3-
605, as the same may be amended from time to time.
2. All other rights formerly or presently enjoyed by or vested in the City on
the effective date of this MOU and not mentioned in paragraph 1 are
retained by and reserved to the City unless explicitly waived by the City by
resolution of the Council or by Council approved MOU.
3. Nothing in this MOU shall be construed as delegating to others the
authority conferred by law on the City, or in any way abridging or reducing
such authority.
4. This MOU is not intended to restrict consultation in good faith with the
Association regarding matters within the right of the City to determine.
5. This MOU shall be construed as requiring the City to follow its provisions
in the exercise of the authority conferred upon the City by law, except that
this clause shall not be deemed to be a grant of authority to sue any
person, including the Association, not otherwise existing.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 4
ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
The City acknowledges the Association as the recognized employee organization
representing the Unit, and therefore, shall comply with all provisions of the
Meyers-Milias-Brown Act (Government Code §3500 et. seq.) including, but not
limited to meeting and conferring in good faith promptly upon request by either
party and continue for a reasonable period of time in order to exchange freely
information, opinions, and proposals, and to endeavor to reach agreement on
matters within the scope of representation. In order to ensure that the meet and
confer process on a successor MOU includes adequate time for full consideration
of the proposals of both parties and for the resolution of any impasse, MOU
negotiations may be initiated at the request of either party as early as six (6)
months preceding expiration of the MOU, but in any case, shall commence no
later than four (4) months preceding expiration of the MOU. Nothing in this
provision is intended to supersede provisions of Article X, Section C.
B. RECOGNITION OF UNIT DESCRIPTION
The Fire Management Unit consists of all employees holding a permanent
position, as defined in FMC Section 3-202(p)(4), in one of the following classes,
as such Unit may be modified from time to time pursuant to the provisions of the
FMC:
Fire Battalion Chief
Fire Deputy Chief
C. CITY RECOGNITION
The Association recognizes the City Manager of the City, or such other person as
may be designated in writing, as the designated representative of the City
pursuant to FMC Section 3-615, and shall meet and confer in good faith promptly
upon request by the City and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals.
D. RECOGNITION OF MUTUAL OBLIGATION
The Association and the City recognize and acknowledge their mutual obligation
and responsibility to effectuate the purposes set forth in, and to adhere to the
conditions and clauses set forth in this MOU.
E. INFORMATION TO ASSOCIATION
1. The City shall provide to the Association:
(a) Changes to the Salary Resolution that affect employees in this Unit.
(b) Changes to Job Specifications for classes in this Unit.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 5
(c) Changes to the Administrative Order Manual that affect employees
in this Unit.
(d) Changes to the Fire Department organizational structure that affect
employees in this Unit.
(e) Additions or deletions of classes that affect this Unit.
2. The Fire Department shall provide:
(a) Copies of written departmental policies, rules and regulations prior
to implementation, on matters which directly affect employees in
this Unit, except in an urgent situation, in which case the City shall
discuss the issue with the Association as soon as possible
thereafter.
(b) An opportunity to discuss matters of interest to employees in this
Unit, directly with the Association or through committees or
advisory bodies created for that purpose.
F. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City during the term of
this MOU.
2. Nothing contained in this section is intended to waive or infringe upon any
rights guaranteed to any party or entity under the Meyers-Milias-Brown Act
(MMBA), Government Code §§ 3500, et seq., or any other applicable
State or Federal law.
3. Participation by an employee in an unlawful strike or work stoppage shall
subject the employee to disciplinary action, up to and including removal
from City service. Participation by an employee in a lawful strike or work
stoppage is governed by Labor Code Section 1962.
G. UNILATERAL ACTION
In the event the meet and confer process for a successor MOU results in an
impasse, as defined in the FMC, the City shall not take unilateral action regarding
wages, hours, and other terms and conditions of employment prior to the
completion of the impasse procedures outlined in the FMC.
H. NEW EMPLOYEE ORIENTATION
The Fire Department will provide an opportunity for IAFF to address new hires
during department training/orientation. IAFF will be provided a minimum of a two
hour block of time in the program. The Fire Department will notify IAFF at least
10 days’ in advance of a scheduled orientation.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 6
I. EMPLOYEE INFORMATION
The City will provide the employee information it has on file in compliance with
California Government Code Section 3558 for all new hires in the bargaining unit
within 30 days of hire, as well as all employees represented by IAFF at least
once per quarter.
Pursuant to Government Code Section 3558, employees may opt out of
releasing the following information to the union: home address, home and
personal cellular telephone numbers, and personal email addresses. The City of
Fresno’s Dues Deduction Authorization shall be modified to include the
opportunity for the employee to opt out of releasing the above information, and
notification that the City will furnish IAFF required information pursuant to AB
119.
J. LEAVE FOR ASSOCIATION BUSINESS BY UNION OFFICERS
1. During the term of this Agreement, the Department will permit up to a
maximum of 1,000 hours of time off per year for Association Executive
Board members to participate in employee organization activities, subject
to the following:
a. The Department shall invoice the Association on or before September
20, December 31, March 31, and June 30 of each year for actual time
used.
b. The Association shall reimburse the Department within 15 days of
receiving the invoices.
c. The amount reimbursed shall be for the actual cost of the employee(s)’
hourly rate while on leave for Association Business.
2. In addition to the above paragraph (number1), the Association President,
Vice-President, and/or Secretary-Treasurer may use CTO, vacation or
holiday, for Association business.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 7
ARTICLE V
SCOPE OF REPRESENTATION
A. GENERAL
"Scope of representation" shall be as defined in FMC Section 3-603 (w), as
follows:
"Scope of representation" means all matters relating to employer-
employee relations, including, but not limited to, wages, hours, and
other terms and conditions of employment. Employee rights, as set
forth in FMC Section 3-604, and City rights as set forth in FMC
Section 3-605(a), are excluded from the scope of representation.
B. GRIEVANCE PROCEDURE
1. A grievance is a dispute concerning the interpretation or application of any
existing City rule or regulation governing personnel practices or working
conditions, including this MOU. A grievance involves the claimed
misapplication or misinterpretation of a rule or regulation relating to an
existing right or duty; it does not relate to the establishment or abolition of
a right or duty. This procedure shall not apply to any dispute for which
there is another established resolution procedure, including but not limited
to, appeal to the Civil Service Board, Retirement Board, State of California
Office of Administrative Hearings, or unfair employer-employee relations
charge fact-finding procedure.
2. A written grievance must set forth the rule or regulation claimed to have
been violated, describe the specific incident or circumstances of the
alleged violation, and specify the remedy sought. Any dispute between the
parties as to the grievability of an issue or as to whether the requirements
of this procedure have been met shall be presented to the Grievance
Advisory Committee. The Committee shall rule on the dispute before
proceeding with the hearing.
3. The Association may represent employees covered by this MOU on a
grievance under the grievance procedure.
4. An Association Officer designated by the Association in writing shall be
excused from regular duties without loss of compensation for such time as
is necessary to attend and represent the grievant at a grievance hearing,
beginning at the first level of supervision.
5. The procedure and sequence in filing and processing a grievance shall be
as follows:
(a) The grievant and/or Association representative shall discuss the
grievance with the grievant’s immediate supervisor before a written
grievance may be filed.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 8
(1) If the grievance is not settled through this discussion, it
either may be discussed with the next higher supervisor or a
written grievance may be filed with the grievant’s immediate
supervisor. A written grievance must be filed within twenty-
one (21) calendar days from the time the grievant becomes
aware or should have become aware of the issue or incident
giving rise to the problem. Copies of correspondence shall
be sent to Labor Relations.
(2) Upon receipt of a written grievance, the immediate
supervisor shall give the grievant a written reply, with a copy
sent to Labor Relations, within nine (9) calendar days.
(3) Prior to moving to the next level, the grievance shall be
referred to the Association for review and recommendations.
(b) Should the grievant not be satisfied with the answer received from
the immediate supervisor, the grievant may within nine (9) calendar
days file an appeal to the Fire Chief. The Fire Chief shall have
twenty-one (21) calendar days after receipt of the appeal to review
the matter, investigate and provide a written answer to the appeal,
explaining clearly the decision or proposed action and reasons
thereof. The grievant and/or representative shall have the
opportunity, if desired, to present to the Fire Chief the position
regarding the grievance. Copies of correspondence shall be sent to
Labor Relations.
(c) The City and Association may mutually agree to waive steps 1 and
2 and proceed directly to hearing by the Committee when the issue
is one over which the grievant’s supervisor or Fire Chief has no
jurisdiction.
(1) If the grievant is not satisfied with the decision of the Fire
Chief, the grievant may within nine (9) calendar days after
receipt of the written reply, file a request for a review of the
Fire Chief’s decision to the Grievance Advisory Committee,
with a copy sent to Labor Relations.
(2) The City and the Association may agree to seek resolution of
the grievance through mediation using the services of the
State Conciliation Service, prior to hearing by the Grievance
Advisory Committee. Time limits for processing of grievance
are automatically extended for so long as mediation is in
process. The fees and expenses of the mediator shall be
paid half by the City and half by the grievant and/or
Association.
(3) From the date a grievance, otherwise meeting all criteria for
the filing and processing of a grievance, reaches the Labor
Relations Division, the Grievance Advisory Committee will
attempt to convene within thirty (30) calendar days in order
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 9
to hear the grievance.
(4) The Grievance Advisory Committee shall conduct a hearing
and make a recommendation to the City Manager within
thirty (30) calendar days of their last meeting. Any fees and
expenses for the GAC shall be paid half by the City, and half
by the grievant and/or Association.
The Grievance Advisory Committee shall be bound by the
language of the MOU, City Administrative Orders,
ordinances, rules and regulations, and department rules and
regulations consistent therewith in considering any issue
properly before them. The Grievance Advisory Committee
shall be expressly confined to the precise issues submitted
and shall have no authority to consider any other issue not
so submitted. The Grievance Advisory Committee may not
recommend changes in established wages or benefits, nor
recommend the payment of back wages or benefits to a date
prior to the date of the incident.
(5) The Grievance Advisory Committee shall be composed of
three members, one selected by the Association, one
selected by the City and one member mutually agreed to by
the parties.
(d) The City Manager shall review the decision of the Fire Chief and
recommendations of the Grievance Advisory Committee and shall
render a final written decision to the grievant within twenty-one (21)
calendar days after receipt from the Grievance Advisory
Committee.
(e) Failure of the grievant to file the grievance or an appeal within the
specified time limit for any step of the procedure shall constitute an
abandonment of the grievance.
Failure of the responsible supervisor or official of the City to render
a decision within the specified time limit established by this
procedure shall automatically move the grievance to the next higher
level for action, without action required of the grievant. All time
limits herein may be extended by mutual agreement of the parties.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 10
ARTICLE VI
DUES DEDUCTION
A. GENERAL
Except as expressly modified herein, the procedures governing dues deductions,
agency shop, hold harmless obligations, religious and conscientious
objections, and financial reporting requirements, shall be as provided in
Government Code Section 3550 et seq. and California Government Code
section 1153, as may be amended from time to time.
B. DUES CHECK-OFF
1. The City shall deduct the dues or benefit premiums, or both, following
receipt of notice from the Association that authorization has been provided
to the Association by members in the Unit. The City shall stop dues or
benefit premiums, or both, upon receipt of notice from the Association that
authorization has been provided to the Association by members in the
Unit. Should there be a dispute regarding the deduction of dues, the
Association shall provide the City with a copy of the authorization(s)
signed by the employee.
A dues deduction authorization may be revoked by a member of the Unit,
and dues or benefit cancelled by representation to the Association.
2. Upon written authorization by a retired member of the Association, the City
shall deduct Association deductions, credit union deductions and benefit
fund deductions from the retirement check of such retired member and
forward such deductions as designated, within 14 days.
C. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION
1. The Association member's earnings must be sufficient after other legal
and required deductions are made to cover the amount of the dues
deduction authorized. When a member is a non-pay status for an entire
pay period, no dues deduction shall be made from future earnings to cover
that pay period, nor will the member be required to deposit the amount
which would have been deducted if the member had been in a pay status
during the pay period. In the case of a member who is a non-pay status
during only a part of the pay period and whose salary is insufficient to
cover other legal and required deductions, no dues deduction or deposit
shall be made.
D. DUES DEDUCTION
1. Dues deductions covering all such deductions shall be transmitted by
electronic funds transfer to an account designated by Fresno City
Firefighters Association Local No. 202.
2. Dues deductions shall be transmitted no later than 14 days from the date
of deduction.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 11
ARTICLE VII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits, provided by Council ordinance or formal Council resolution
and not otherwise clearly and explicitly modified or restricted in this MOU, shall
be continued without alteration during the term of this MOU.
B. SALARIES AND PENSION CONTRIBUTION
1. Salaries
a. Retroactively effective * * * June 21, 2021, salaries * * * were
increased by three percent (3%) as reflected in Exhibit I attached
hereto and incorporated by reference.
* * * Each active employee * * * received a one-time lump
pensionable sum payment equivalent to three percent (3%) of
actual base wages earned by the employee in Fiscal Year 2021
from July 1, 2020 through June 30, 2021 * * *. Employees will
be compensated the retroactive wage increase from June 21,
2021 through June 30, 2021, less the lump sum wage increase
already provided to employees from June 21, 2021 through
June 30, 2021.
For Tier I COLA purposes only, this one-time lump sum payment
will be in lieu of and implemented like a 3% salary increase
effective upon ratification and sun setting 6/30/2022.
For Tier II, this one-time lump sum payment shall modify the
definition of Compensation and for Average Compensation
purposes, shall be divided by 36-consecutive-months like holiday
pay downs and other pensionable leave cash-outs.
b. Effective * * * June 21, 2022, salaries will be increased by three
percent (3%), as reflected in Exhibit I, Table II, attached hereto
and incorporated by this reference.
c. Effective June 20, 2022, an “H” Step will be added to the
salary range, as reflected in Exhibit I, Table II, attached hereto
and incorporated by this reference. The “H” Step represents a
five percent (5%) increase above the “G” Step. Employees are
required to serve one (1) year at the “G” Step prior to
progressing to the “H” Step, pursuant to Section 2 of the
Salary Resolution.
d. Effective * * * June 19, 2023, salaries will be increased by three
percent (3%), as reflected in Exhibit I, Table III, attached hereto
and incorporated by this reference.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 12
e. Effective September 25, 2023, an “I” Step will be added to the
salary range, as reflected in Exhibit I, Table IV, attached
hereto and incorporated by this reference. The “I” Step
represents a five percent (5%) increase above the “H” Step.
Employees are required to serve one (1) year at the “H” Step
prior to progressing to the “I” Step, pursuant to Section 2 of
the Salary Resolution.
f. COLA Adjustments for Career Rank Average Method DROP
Members and Retirees
Effective September 30, 2019, any future cost of living adjustments
(“COLA adjustments”) for Career-Rank Average Method Deferred
Retirement Option Program (“DROP”) members and retirees who
entered DROP or retired (not having entered DROP) from positions
in this unit under FMC Section 3301(a)(9) prior to September 30,
2019, and whose COLA adjustments are calculated using the “F”
Step of their respective rank, shall have their COLA adjustments
calculated under FMC Section 3301 (a)(9) using the “G” Step salary
in lieu of their “F” Step salary to determine average compensation.
g. COLA Adjustments for Final Three Year Average Method DROP
Members and Retirees
Effective September 30, 2019, any future COLA adjustments for
Final Three Year Average Method DROP members and retirees
shall be calculated pursuant to FMC Section 3-302(g).
h. Promotion
Employees who are promoted from the Basic Unit (Unit 5) to the
Management Unit (Unit 10) will be promoted to a step which is not
less than three and one half percent (3.5%) above their
compensation at their lower classification to include all premium
pays actually received at the time of promotion, but excluding any
overtime payments, or, fifteen percent (15%) above top step Fire
Captain, whichever is greater.
2. Pension Contribution
The following applies to employee’s pension contributions:
a. Employees in Unit 10 shall make an additional contribution equal to
one percent (1%) of their pensionable compensation to the City of
Fresno Fire and Police Retirement System, reducing the City
normal contribution by a corresponding amount. In accordance with
Internal Revenue Code Section 414(h)(2) and related guidance, the
City shall pick-up and pay the contribution by salary reduction to the
City of Fresno Fire and Police Retirement System. The employee
shall have no option to receive the 1% contribution in cash. The 1%
contribution paid by the employee will not be credited to an
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 13
employee’s accumulated contribution account nor will it be
deposited into a member’s Deferred Retirement Option Program
(“DROP”) account.
b. All members who were hired into a permanent City position on or
after July 1, 2014 shall make an additional contribution equal to
three percent (3%) of their pensionable compensation to the City
of Fresno Fire and Police Retirement System, reducing the City
contribution by a corresponding amount. In accordance with
Internal Revenue Code Section 414(h)(2) and related guidance,
the City shall pick-up and pay the contribution by salary reduction
in accordance with this provision to the City of Fresno Fire and
Police Retirement System. The employee shall have no option to
receive the three percent (3%) contribution in cash. The three
percent (3%) contribution paid by the employee will not be
credited to an employee’s accumulated contribution account nor
will it be deposited into a member’s Deferred Retirement Option
Program (“DROP”) account.
c. Employees who separate City employment regardless of reason
and withdraw their employee contributions from the Fire and
Police Retirement System between July 1, 2014, and the effective
date of a Fresno Municipal Code amendment pursuant to the
provisions in paragraph “d” will have an amount refunded by the
City equal to the additional amount contributed in accordance with
paragraph “a” and “b” above.
d. With the support of the Association, the City will make efforts to
amend the FMC to allow the additional contribution amounts
above in paragraphs “a” and “b” to become part of the Member
Normal Contribution Rate. When the Municipal Code is so
amended, the City and the Association agree that, on the first pay
period following the date the new FMC provision goes into effect,
all of the following will apply:
1. Active members in Tier 2 who were hired before July 1,
2014, shall have their Normal Contribution Rate increased
from nine percent (9%) to ten percent (10%).
2. Active members in Tier 2 who were hired on or after July 1,
2014, shall have their Normal Contribution Rate increased
from nine percent (9%) to twelve percent (12%).
3. Members of Tier 1 shall have their Member Normal
Contribution Rate increased by an additional one percent
(1%) which will be added to their existing Entry Age Normal
Contribution Rate effective with the change in the FMC in
accordance with this Section.
4. Members who entered DROP prior to March 7, 2011 are
not required to make Member Normal Contributions in
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 14
accordance with the provisions in the Fresno Municipal
Code.
5. Members who enter DROP on or after March 7, 2011 are
required to make Member Normal Contributions, and their
Member Normal Contributions shall continue to be
deposited into the member’s DROP account.
e. There will be a limited reopener of the MOU to negotiate solely on
amending FMC Sections on Pension regarding “Dissolution or Legal
Separation.” Any change to the FMC in this regard would proceed
only if there is no adverse impact to either the City of Fresno Fire and
Police Retirement System (Tiers 1 and 2) or the City of Fresno’s
employer contribution rates (e.g., it will be cost-neutral to Tiers 1 and
2 and the City of Fresno, and will not jeopardize in any way the
Systems’ tax-qualified status under the Internal Revenue Code).
C. LIFE INSURANCE AND DISABILITY COVERAGE
The City shall provide Life Insurance and Long Term Disability Insurance for
members of this Unit in the amounts and formulas currently provided.
D. HEALTH AND WELFARE
The City and the Association agree that the Fresno City Employees Health and
Welfare Trust has the sole authority to determine the benefits that will be
provided during the term of this MOU. The sole responsibility of the City under
this clause is to provide a set dollar amount to be contributed to the Trust on
behalf of the employees represented by the Association. Effective August 1,
2014, the City will contribute seventy-five percent (75%) of the premium
established by the Fresno City Employees Health and Welfare Trust Board, and
the employee may opt to contribute the amount necessary to make up the
difference of the premium established by the Fresno City Employees Health and
Welfare Trust Board, through payroll deductions, or accept a reduced coverage
option.
After August 1, 2014, the cost of any future increases in the health and welfare
premium will be shared on a fifty percent (50%) basis by the City and employees,
except that employees will be required to pay no more than thirty percent (30%)
of the premium established by the Fresno City Employees Health and Welfare
Trust Board. At such time as the employee share is set at 30%, the City shall pay
70%.
Should any other represented bargaining unit in the City negotiate a successor
MOU, or extend the period of an MOU, or have terms imposed resulting in a
greater contribution by the City (including maintenance of percentage
contributions) the City, upon the Association’s request, will match that benefit.
The City and the Association shall meet and confer on proposed modifications to
the Health and Welfare Trust; and proposed alternative health plans. The
process may include other represented bargaining units. It is understood that the
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 15
continuation of the Side Letter on the Health & Welfare Trust dated February 24,
2009 shall be included in this process.
The parties also agree to work collectively in conjunction with their Board
representatives to research and recommend potential cost-saving measures for
the Health & Welfare Trust, which may include a choice of health program
options based on individual need or preference, including a reduced option
equivalent to the City’s premium contribution, a separate rate for single
employees with no dependents, or other flex plan programs; mandatory generic
mail order drug maintenance for employees who require prescription drug
therapy for any period of 90 days or more; or other measures that may be
identified as this work progresses.
E. UNIFORM ALLOWANCE
Employees who are promoted from the Basic Unit (Unit 5) to the Management
Unit (Unit 10) shall receive a one-time non-pensionable $500 stipend for the
purchase of the appropriate service uniform required for the higher classification.
Employees shall receive one thousand five hundred dollars ($1,500) per year pro
rated for uniform purchases and maintenance allowance, paid in semi-annual
installments on the last pay period in December and June. The service uniform
allowance provided above shall be pensionable compensation for the purposes
of calculating pension benefits.
F. PREMIUM PAY
1. Working Additional Full or Partial Shifts
(a) Employees occupying the class of Fire Battalion Chief who work a
full or partial 24-hour shift, in addition to any shift which is a part of
the employee's normal work schedule, shall be paid premium pay in
an amount equivalent to one and one-half (1.5) times the hourly
rate of D Step of the employee’s rank for each hour worked for a
shift which is greater than one (1) hour in length. Excluded from
such compensation are the following assignments.
(1) Attendance at staff meetings.
(2) Appearances at disciplinary appeal hearings.
(3) Court appearances.
(4) Appearances at grievance hearings or Skelly meetings.
(5) Administrative duties performed while off duty as defined in
Administrative Manual 101.1 Administrative Assignments, as
may be modified by mutual agreement of the parties.
(b) Excluding those assignments enumerated in Section F., 1. (a)
above, Battalion Chiefs on a 56-hour work schedule may also work,
in addition to their normal work schedule and on a voluntary basis,
other duties as assigned in addition to their normal work schedule
to be determined on a case-by-case basis. Compensation shall be
at the premium pay rate prorated on an hour per hour basis.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 16
(c) A Fire Battalion Chief on a 56-hour schedule assigned to a 40-hour
work week schedule for emergency fire suppression duties or other
special assignments on a temporary basis shall be paid at the
applicable base hourly rate for each hour worked in such
assignment in excess of forty (40) hours. Excluded from such
compensation are the following assignments.
(1) Attendance at staff meetings.
(2) Appearances at disciplinary appeal hearings.
(3) Court appearances.
(4) Appearances at grievance hearings or Skelly meetings.
(5) Administrative duties performed outside the temporary
assignment as defined in as defined in Administrative
Manual 101.1 Administrative Assignments, as may be
modified by mutual agreement of the parties.
(d) A Fire Battalion Chief permanently assigned to a forty (40) hour
work week shall be entitled to Premium Pay under Section F., 1. (a)
or (b) for working full or partial 24-hours shifts in addition to his/her
normal work schedule. If recalled to be a part of the Incident
Command Team on an emergency basis compensation will be paid
at the applicable forty (40) hour base hourly rate for each hour
worked in such assignment.
2. Education Incentive
A member who has successfully completed all the requirements for the
Chief Officer Certificate through the California State Fire Marshal as
evidenced by the Fire Chief approval of the packet certifying completion
and submission to the California State Fire Marshal shall be compensated
at a rate of nine percent (9%) of the member’s base rate of pay. If the
California Fire Marshal rejects the application, the premium pay will be
discontinued until such time as the Chief Officer Certificate through the
California State Fire Marshal has been awarded to the member.
A member who has satisfactorily attained a Chief Officer Designation
through the Commission on Professional Credentialing, or an Executive
Fire Officer Certificate through the National Fire Academy, shall be
compensated at a rate of nine percent (9%) above the member’s base
rate of pay.
The total education incentive a member may receive at one time is 9% of
the member’s base rate of pay, and it shall be pensionable compensation
for the purposes of calculating pension benefits.
3. Mutual Aid Agreements/Overhead Replacement Pay
Battalion Chiefs temporarily assigned to another agency through a
Mutual Aid Agreement, contract or Memorandum of Agreement with
the State shall receive Overhead Replacement (OHR) Premium Pay
calculated based on Premium Pay Section F 1 of this MOU. OHR
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 17
Premium Pay shall be equal to, but not greater than, the amount
requested for reimbursement by the City of Fresno for wage
replacement costs for time worked beyond the member’s normally
scheduled hours. The members shall receive the OHR Premium Pay in
the paycheck following the hours worked.
Deputy Chiefs temporarily assigned to another agency through a
Mutual aid Agreement contract or Memorandum of Agreement with the
State shall receive OHR Premium Pay calculated based on the rates of
the most recent salary survey of record used by the City for
reimbursements from the State, which is determined by taking the
average hourly rate of all personnel holding the position of Deputy
Chief. OHR Premium Pay shall be equal to, but not greater than, the
amount requested for reimbursement by the City of Fresno for wage
replacement costs for time worked beyond the member’s normally
scheduled hours. The members shall receive the OHR Premium Pay in
the paycheck following the hours worked.
A member who is assigned to replace a temporarily assigned member
noted in the paragraphs above to substitute for the member’s normally
scheduled work hours shall receive the OHR Premium Pay calculated
based on Premium Pay Section F.1. of this MOU and/or the applicable
salary survey of record for that time period. The members shall receive
the OHR Premium Pay in the paycheck following the hours worked.
4. Staff Position Assignments
Employees who accept a special administrative staff assignment, as
defined by the Chief or designee shall receive ten percent (10%) of base
pay for the class of Battalion Chief on a monthly basis prorated and paid
to those employees who are assigned to an administrative staff
assignment. This premium pay is pensionable.
The administrative staff assignments will be assigned to a forty (40) hour
work week. No more than two (2) employees will be given such
assignment at any given time, unless the Chief, in consultation with the
Director of Personnel, determines there is a need for an additional special
staff assignment.
An employee who accepts a special administrative staff assignment is
required to do so for a minimum of two years. An employee who leaves
the assignment in less than two years by determination of the Fire Chief,
or who accepts a new position with another agency shall retain the
premium pay already earned but shall not earn any additional pay.
5. Bilingual Certification Program
The bilingual certification program consists of a City administered
examination process whereby employees may apply for a bilingual
examination, and if certified by the examiner, receive bilingual premium
pay for interpreting and translating.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 18
(a) Bilingual certification examinations will be conducted on an as
needed basis. Examination applications will be available at the
Personnel Services Department, and City department personnel
units.
(b) Bilingual certification examinations are conducted for languages as
outlined in the Salary Resolution.
(c) Certified employees shall be recertified every five (5) years in order
to maintain certification.
(d) The bilingual premium pay rate for certified permanent employees
is one hundred dollars ($100) per month, regardless of how many
languages for which an employee is certified.
(1) Certified employees shall interpret/translate for departments/
divisions they are not assigned to, provided the requesting
department/division has a demonstrated customer service
related need, and has obtained approval from the certified
employee’s supervisor.
(2) Certified employees shall not refuse to interpret/translate
while on paid status. Refusal shall result in appropriate
disciplinary action. Certified employees may be assigned to
any incident or investigation requiring their bilingual skills
and may be required to prepare written reports related to the
incident or investigation. The objective of this policy will be
to utilize department resources in the most efficient way
possible.
(3) Except in the event of an emergency, bilingual employees
who are not certified shall not be required to
interpret/translate.
G. LEAVES
1. Holiday Leave
(a) Employees shall accrue, at the 56 hour rate, thirteen (13) hours per
month (this is equal to six and one half (6.5) 24 hour working shifts)
as holiday leave in lieu of the Holidays recognized in FMC Section
3-116.
If January 1, July 4, November 11 or December 25 falls upon a
Sunday, the Monday following will be observed as the Holiday in
lieu of Sunday.
(b) Employees at the rank of Battalion Chief shall be allowed to draw
vacation and holiday time in any configuration of hours or shifts, by
rank, by departmental seniority subject to the provisions of FMC
Section 3-108.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 19
(c) Employees may request payment for any holiday leave balance.
2. Vacation Leave
(a) Employees shall accrue twenty-four (24) hours of vacation leave for
each completed calendar month of employment (The accumulation
of unused vacation leave shall not exceed 576 hours, which
amounts to vacation accrued in a two year period of time.)
(b) No employee’s vacation accumulation shall cease due to refusal by
the City to grant vacation leave prior to the employee reaching the
vacation accumulation limit applicable to the employee’s position
and length of service. In the event an employee requests in writing
vacation leave one (1) month prior to the month in which the limit
would be reached, and such request is refused, the Fire Chief or
designee shall extend the employee’s accumulation limit for ninety
(90) days during which time the employee shall be scheduled for
vacation leave sufficient to reduce the employee’s balance below
the accumulation limit.
3. Management Leave
Battalion Chiefs shall receive ninety (90) hours Management Leave
effective July 1 of each fiscal year. Upon their employment by the City,
newly appointed employees shall be credited with seven and one half
(7.5) hours of Management Leave for each full calendar month remaining
in the fiscal year. Employees provisionally appointed shall receive seven
and one half (7.5) hours of Management Leave for each full month of such
provisional appointment. Employees may receive payment during the
fiscal year only for the ninety (90) hours of base Management Leave not
taken. Any Management Leave not taken at the end of the fiscal year shall
not carry over to the next fiscal year.
Deputy Chiefs shall receive one hundred eight (108) hours of
Management Leave effective July 1 of each fiscal year. Upon their
employment by the City, newly appointed Deputy Chiefs shall be credited
with nine (9) hours of Management Leave for each full calendar month
remaining in the fiscal year. Deputy Chiefs provisionally appointed shall
receive nine (9) hours of Management Leave for each full month of such
provisional appointment. Deputy Chiefs may receive payment during the
fiscal year only for the one hundred eight (108) of base Management
Leave not taken. Any Management Leave not taken at the end of the fiscal
year shall not carry over to the next fiscal year.
The Fire Chief may grant up to an additional thirty-two (32) hours
Management Leave to Fire Deputy Chiefs and Fire Battalion Chiefs based
on an annual job performance evaluation, as outlined in Article VII,
Section N. The determination by the Fire Chief to grant Management
Leave shall be made at the time the annual performance evaluation is
completed, and credited to the employee the following July 1st. The
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 20
additional thirty-two (32) hours Management Leave shall be credited
during July of the fiscal year in which it must be taken. In determining the
number of additional hours to be awarded, the Fire Chief shall also
consider the employee’s extended work hours and attendance.
(a) The additional Management Leave granted cannot be cashed in by
employees.
(b) At the employee’s option, up to thirty-two hours (32) of the
additional Management Leave per fiscal year may be
transferred to a Special HRA Bank to be credited to an HRA
account for eligible employees upon service retirement at
eighty percent (80%) of the employee’s current hourly base
rate of pay at the time of retirement. Hours in the Special HRA
bank may not be used as leave time and cannot be cashed out.
There will be no cash out or transfer of hours in the Special
HRA bank for employees who are not eligible to participate in
the HRA upon retirement.
(c) Employees not otherwise eligible for Management Leave who are
provisionally appointed to permanent positions in classes eligible
for Management Leave, and new employees, shall not be granted
any part of this Management Leave.
4. Management Time Off
At the sole discretion and approval of the Chief, Management Time Off
(this would be over and above the Management Leave and Supplemental
Management Leave) may be granted if service delivery and the
performance of job functions will not be impaired due to the employee’s
absence. Such time off shall not be calculated on an hour for hour basis in
relation to total hours worked and it will not be deducted from any existing
time banks.
5. Sick Leave
Employees shall accrue sick leave at the rate of twelve (12) hours for each
completed calendar month of employment, with unlimited accumulation.
Unless otherwise modified, Administrative Manual 101.2, Constant
Staffing Policy, shall apply as well as the FMC, City administrative orders,
policies, procedures, rules and regulations concerning sick leave usage
and administration. In the event of any conflict, Departmental policies and
Instruction No. 34 shall apply.
6. Compensation for Unused Leave
Employees eligible to receive payment for any unused leave balances
(i.e., holiday, administrative, sick and vacation) shall be compensated for
such accumulated leave balances based on accumulations calculated on
a fifty-six (56) hour (24-hour shift) basis.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 21
7. Protected Sick Leave
Employees shall be allowed to use up to six (6) months of accrued sick
leave per fiscal year for Protected Sick Leave Protected Leave may be
used only for those purposes defined in the California Labor Code Section
233. The first three days shall also be considered leave taken under
California Labor Code section 246.5 (i.e., AB 1522, Healthy Workplace
Healthy Family Act of 2014). Use of Protected Sick Leave shall be
authorized and recorded by a department head or designee.
Employees who separate City employment and return within one (1) year
of such separation will be entitled to reinstatement of their sick leave
balance at the time of termination from City employment, up to a total of
forty-eight (48) hours.
8. Bereavement Leave
Upon the death of a member of an employee's immediate family, the
employee shall be allowed use of sick leave not to exceed forty-eight (48)
hours. Use of sick leave to attend the funeral of a person other than a
member of the immediate family may be granted to an employee by the
Fire Chief or designee. The Fire Chief or designee shall notify the
Personnel Director when any employee is granted such leave. Immediate
family, as used in this subsection, shall include parent, spouse or
registered domestic partner, natural or legally adopted child, brother,
sister, mother-in-law and father-in-law.
H. SICK LEAVE BENEFIT AT THE TIME OF ELECTION TO ENTER THE
DEFERRED RETIREMENT OPTION (DROP) OR AT RETIREMENT
An employee who meets the criteria as outlined below, will receive only one of
the following benefits based on whether or not the employee enters the DROP
program before retiring from City employment.
1. For an employee who has reached the minimum retirement age and who
has elected to enter the DROP Program, the calculation of the employee’s
monthly DROP amount shall include an amount equal to fifty percent
(50%) of the employee’s unused sick leave balance as of the DROP entry
date, with the sum calculated by multiplying fifty percent (50%) of the
hours of unused sick leave by the hourly base rate of pay for the
employee in effect as of the DROP entry date. The employee’s pension
contribution on this amount will be calculated as of the date of DROP entry
by multiplying the lump sum described above in this subparagraph 1. by
the employee’s pension contribution rate and that amount will be deducted
from the employee’s DROP account. The City will also be required to
make a corresponding pension contribution to the retirement system
based on the additional pensionable compensation created by the Sick
Leave Benefit.
2. For the employee who has reached the minimum retirement age and
retires from the City without entering DROP, an amount equal to fifty
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 22
percent (50%) of the employee’s unused sick leave balance shall be
included in the computation of the employee’s retirement allowance as if it
were a one-time payment at the hourly base rate of pay for the employee
in effect at the date of retirement. The employee and the City will make a
corresponding pension contribution to the retirement system based on the
additional pensionable compensation created by the Sick Leave Benefit.
The employee’s retirement contribution will be calculated as of the date of
retirement by multiplying the lump sum described above in this
subparagraph 2. by the employee’s pension contribution rate and the
employee agrees to have this amount withheld from the employee’s first
retirement benefit payment from the Retirement System as the employee’s
retirement contribution for this additional amount of pensionable
compensation. This provision shall not apply to employees who retire prior
to age 50 due to a disability or to former employees that have separated
from City service prior to reaching the minimum retirement age and have
elected a Deferred Vested status in the City of Fresno Fire & Police
Retirement System.
3. The parties agree to reopen the meet and confer process upon request by
the Association to discuss Retirement Enhancement Options if the City
and Unit 4, Non-Management Police, or Unit 5, Non-Management Fire, or
Unit 9 Management Police, agree to retirement enhancement options. The
development and implementation of such options shall require mutual
agreement by the Association and the City.
I. RETIREMENT ATTENDANCE/HEALTH INCENTIVE
At service retirement employees working 40 hour work weeks who have used
one hundred twelve (112) hours or less of sick leave and employees working 56
hour work weeks who have used one hundred sixty-eight (168) hours or less of
Sick Leave (excluding hours used for Workers’ Compensation benefits,
Bereavement Leave, and/or protected leaves such as Family & Medical Leave
and Protected Sick Leave in the 24 months preceding their date of retirement will
be credited for all unused sick leave at eighty percent (80%) of the employee’s
then current base rate of pay, to be used solely to pay premiums for medical
insurance as well as other qualified medical expenses pursuant to the City’s
Health Reimbursement Arrangement as set forth in Section J below.
J. HEALTH REIMBURSEMENT ARRANGEMENT (HRA)
The City currently maintains a Health Reimbursement Arrangement (HRA) that
qualifies as a “health reimbursement arrangement” as described in Internal
Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS
regarding an HRA. The City agrees to maintain the HRA such that it will continue
to qualify as a health reimbursement arrangement.
At separation from permanent employment with the City of Fresno by service
retirement or at disability retirement if the employee is otherwise eligible for
service retirement, the value of the employee's accumulated sick leave shall be
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 23
credited to an account for the employee under the Health Reimbursement
Arrangement (HRA). Such "value" shall be determined as follows:
The total number of all accumulated sick leave hours at the time of
retirement multiplied by eighty percent 80% of the employee’s then
current hourly base rate of pay pursuant to the eligibility criteria as
set forth in the Retirement/Attendance Health Incentive provision in
Section I.
The total number of all accumulated Special HRA bank hours
at the time of retirement multiplied by eighty percent 80% of
the employee’s then current hourly base rate of pay pursuant
to the eligibility criteria as set forth in the
Retirement/Attendance Health Incentive provision in Section I.
• Hourly base rate of pay for 40 hour work week employees shall be
the equivalent of the base monthly salary for an employee as
provided in this MOU, multiplied by twelve (12) months then divided
by 2,080 hours.
For the purpose of this benefit, the hourly base rate of pay for 56
hour work week employees shall be the equivalent of the base
monthly salary for an employee as provided in this MOU, multiplied
by twelve (12) months then divided by 2,912 hours.
At the employer’s option, the accounts may be book accounts only – no actual
trust account shall be established for any employee. Each HRA book account
shall be credited on a monthly basis with a rate of earnings equal to the yield on
the City's Investment Portfolio (provided that such yield is positive) but not to be
below zero.
The HRA accounts shall be used solely to pay premiums for medical insurance
(including COBRA premiums) covering the participant, the participant's spouse
(or surviving spouse in the event of the death of the participant), and the
participant's dependents as well as other qualified medical expenses as defined
in Internal Revenue Code Section 213(d), and further detailed in Internal
Revenue Service Publication 502. Once a participant's account under the HRA
has been reduced to $0, no further benefits shall be payable by the HRA. If the
participant, the participant's spouse, and the participant's dependents die before
the participant's account under the HRA has been reduced to $0, no death
benefit shall be payable to any person by the HRA.
K. JURY DUTY AND COURT APPEARANCES
Jury Duty - With the permission of the Fire Chief or designee, an employee who
is required to report for and does report for jury duty may not be required to
report for regular duty prior to jury service if such report is impractical or would
cause the employee to be late for jury duty. If the employee is required to report
for jury duty on the day following a duty shift, the employee may be released up
to one hour prior to the shift’s end, if necessary, to assure timely attendance at
jury duty. Employees in this Unit shall not be required to refund to the City any
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 24
mileage reimbursement received as a result of jury duty.
Court Appearances - The payment of Court time/appearances shall be in
accordance with FMC Section 3-109.
L. ABSENT WITH RELIEF (AWR)
1. With the approval of the Fire Chief or designee, an employee may attend
to Association or other personal matters by providing the City an off-duty
employee of like rank to work for such absent employee. The City shall
incur no additional liability due to such replacement nor shall the City
assume any responsibility regarding "pay back" of such time. It shall be
the duty of the employee to arrange for replacement and secure required
approval not less than ten hours in advance of the requested absence. In
cases of tardiness, the ten hour notice requirement will be waived. In the
event of an emergency, the ten hour notice may be waived with approval
of the Fire Chief or designee. Should an employee become ill while
working an AWR, as outlined by Department policy, the employee shall
make a diligent attempt to secure a replacement with an AWR. An ill
employee becoming ill while working an AWR is eligible to use earned
holiday or vacation leave to replace the AWR. Use of accumulated
vacation and/or holiday leave, when an employee's sick leave is
exhausted, is prohibited unless approved by the Fire Chief. An employee
becoming ill between 2000 and 0800 hours is eligible use earned sick
leave to replace the AWR. Such approval shall not be unreasonably
withheld. An employee requesting approval of an AWR shall submit a
document by which the substitute employee assigns to the City an amount
of the employee’s salary equal to the salary which will accrue to the
requesting employee during the absence. Such assignment shall be
executed by the City solely for that portion of the requesting employee's
shift which the substitute employee fails to work for any reason. In such
event, the failure by the replacement employee to report or remain for duty
shall not result in any loss of compensation to the requesting employee.
No loss of compensation shall occur if the replacement provides a
substitute employee of like rank during the absence. Approved AWR's
shall not be revoked by the City.
2. No employee shall take an AWR for the purpose of other employment,
self-employment included.
3. AWR's are governed by Fresno Fire Department Administrative Manual
101.2, Constant Staffing Policy, and may be modified by mutual
agreement of the parties.
M. WORKERS' COMPENSATION
1. Notwithstanding the provisions of FMC Section 3-118, an employee who
suffers an injury/illness in the course and scope of City employment shall
receive 100% percent of the employee’s full wages or salary in
accordance with Labor Code 4850.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 25
2. If the employee is placed on Sick, Vacation, or Holiday leave pending
determination as to whether the injury or illness is industrial, and the injury
or illness is determined to be industrial, the leave category used above
shall be restored within thirty (30) calendar days of such determination
provided that the employee has submitted all necessary documents
relevant to their workers’ compensation claim, and the employee placed
on work related injury/illness leave as provided herein.
3. If the employee is placed on Sick Vacation, or Holiday leave pending
determination as to whether the injury or illness is industrial, and the injury
or illness is determined not to be industrial, the leave category used above
shall not be restored.
4. Retirement benefits shall not be reduced as a result of compensation paid
at the 100 percent rate level of compensation established herein.
Changes in contribution by the City and employee shall be in accordance
with the applicable FMC retirement code sections in the City’s Fire and
Police Retirement System.
5. Taxes shall not be withheld on compensation at the 100 percent rate
which is paid due to an injury or illness sustained in the course and scope
of employment with the City. In the event Federal tax regulations are
amended to include compensation received while absent due to injury or
illness suffered in the course and scope of employment as taxable
income, the parties agree to meet and confer over the effect of such
change. The parties agree that such meet and confer is limited to the
provisions of Article VII, Section M and that it does not constitute a
reopener of the entire MOU.
6. Notwithstanding the provisions of the FMC, for the first sixty (60) days of
absence in any fiscal year, benefits, including but not limited to holiday
leave accumulation and uniform allowance, shall continue to accrue.
N. SUPPRESSION SERVICE DELIVERY
The City intends for the members of this Unit to be the management providers of
fire suppression to the City of Fresno. This does not preclude instant aid
agreements, reciprocal or non-reciprocal aid agreements, or other interim
measures to accomplish this intent, nor is it intended to restrict the ability of the
City to determine the mission of its Fire Department.
Nothing herein is intended to restrict consultation in good faith with the
Association regarding matters within the right of the City to determine.
O. AMERICANS WITH DISABILITIES ACT (ADA), FAMILY MEDICAL LEAVE ACT
(FMLA), CALIFORNIA FAMILY RIGHTS ACT (CFRA) AND WORKPLACE
VIOLENCE
The requirements mandated by these statutes have been established in City
policies (Administrative Order manual and Injury and Illness Prevention Program
handbook) and the Family Medical Leave Act Handbook.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 26
P. TOBACCO POLICY AND DRUG/ALCOHOL TESTING PROCEDURES
Tobacco, and drug and alcohol testing procedures have been established in
departmental operational policies, and may be modified by mutual agreement of
the parties.
Q. HOURS OF WORK AND SCHEDULES
1. The workweek for the City begins on Monday at 12:01 a.m. and ends the
following Sunday at midnight. The comparison of hours between a 5/8,
9/80 and/or 4/10 with that of a twenty-four (24) hour schedule, or vice
versa, utilizes a conversion factor of 1.4.
2. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour
shift and one day off per 14-day period broken down into two 40-hour per
week Fair Labor Standards Act (FLSA) work weeks. All employees
working a 9/80 work schedule shall have an FLSA work week which
begins four hours after the start time of the day of the week which
constitutes the employee’s alternating day off. This shall be an 8-hour
shift. The work week shall end exactly 168 hours later.
Scheduling of days off is determined by management, but must be on a
Monday or Friday.
3. Workweek schedules are established by the department/divisions based
upon the need to provide service to the public/other city departments.
4. For 5/8, 9/80 and/or 4/10 schedules, position assignments by
classification, staffing levels, workweek schedules, and days off are
determined solely by management, and are subject to change based on
varying workload, the addition of authorized staffing, and department
operational and service needs.
(a) Employees temporarily/permanently assigned to perform
administrative tours of duty are assigned by management to a 5/8,
9/80 or 4/10 workweek schedule, or combination thereof. (Light
duty is not considered a temporary/permanent administrative tour of
duty.) Based on the needs of the service, an employee’s work
schedule may be modified with at least five calendar days written
notice to the affected employees. In the event of an emergency,
such work schedule may be modified with less notice.
As determined by the Chief or designee, employees assigned to
assist with Firefighter Recruit Academy or School will be placed on
a 5/8 schedule during this special training period of time.
(b) The hours for a 5/8 workweek consist of five, eight hour days with
two consecutive days off. The hours for a 4/10 workweek consist of
four, ten hour days with three days off, of which two of the days off
will be consecutive. Scheduling of days off is determined by
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 27
management.
(c) Leave requests for all time off are processed utilizing a conversion
factor of 1.4.
5. The 2/4 schedule shall be the normal work schedule for employees on a
56 hour work week. The 2/4 schedule will consist of two 24-hour worked
back to back, with four shifts off (e.g. AABBCCAABBCC). All transfers and
movement of relief personnel in such manner as to avoid having
employees work greater than 72 consecutive hours.
R. DEPUTY FIRE CHIEF STATUS
An employee holding the position of Fire Deputy Chief who is removed for
reasons other than malfeasance or misconduct may return to a position in the
previous class held. For example, if the Fire Deputy Chief has previously held
status as a Fire Battalion Chief, the employee has return rights to a position in
the class of Fire Battalion Chief. The Fire Chief or designee has the prerogative
of assigning the former Fire Deputy Chief as necessary for the good of the
service. Time spent in the Fire Deputy Chief position will be considered in
determining seniority in the last previous job class held. No other employee in
this Unit shall be demoted (bumped) to a position in a lower class as a result of
this action.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 28
ARTICLE VIII
HEADINGS/REFERENCES/CITATIONS
A. HEADINGS
MOU article, provision, and paragraph headings (includes exhibits, addendums,
attachments and side letters) contained herein are solely for the purpose of
convenience, and shall not affect the construction or interpretation of any of the
language of this MOU.
B. REFERENCES/CITATIONS
References/citations in this MOU (includes exhibits, addendums, attachments,
and side letters) to any existing federal, state, or city ordinances, rules,
regulations, policies, Administrative Order Manual, Personnel Manual sections
and subsections thereof, Salary Resolution sections and subsection thereof, and
side letters in no way incorporates said references/citations into this MOU, unless
so noted.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 29
ARTICLE IX
SAVING CLAUSE/FULL UNDERSTANDING
A. SAVING CLAUSE
In the event any article, section or portion of this MOU should be held invalid and
unenforceable in any court of competent jurisdiction, such decision shall apply
only to the specific article, section or portion thereof specified in the court's
decision, and upon issuance of such a decision, the City and the Association
agree to immediately meet and confer upon a substitute for the invalidated
article, section, or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the
parties, and any previous understanding or agreements by the parties regarding
all such matters are hereby superseded and terminated in their entirety. With
respect to side letter agreements, any not attached to this MOU are hereby
terminated in their entirety. Those side letter agreements attached to this MOU
shall continue in force subject to the terms and conditions set forth within each
side letter. In the absence of any specified term in any such side letter, they shall
terminate upon the expiration of this MOU. Any side letter agreement entered
into during the term of this MOU shall continue in force subject to the terms and
conditions set forth in the side letter. This paragraph is not intended to prevent
either party from relying on discussions which occurred during the meet and
confer process for the purpose of clarifying the meaning of this MOU.
C. Nothing in this Article shall be interpreted to mean that the parties waive any
rights under the Meyers-Milias-Brown Act, Government Code Section 3500,
et. seq.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 30
ARTICLE X
TERMINATION
This MOU shall be in full force and effect from December 9, 2021, through June 30,
2024, subject to Sections A., B., and C. below.
A. This MOU shall be effective only after ratification by the members of the
Association, followed by City Council approval and the expiration of the waiting
period for the Mayor’s action provided in Charter sections 605 and 609, and shall
remain in full force and effect through June 30, 2024.
B. During the term of this MOU, should either party desire to modify its terms or to
meet and confer as to matters within the scope of representation which are not
addressed in this MOU, the party requesting such modification shall request in
writing to meet and confer on the item(s), which item(s) shall be specified in
writing.
C. During the term of this MOU, either party may refuse such request by the other to
meet and confer without explanation if (1) the item is directly considered and
specifically addressed herein; or (2) is directly considered and specifically
addressed in any FMC section, charter section or provision, or resolution section,
which section specifically establishes wages, hours, or other terms and
conditions of employment; or (3) the specific item was included in an initial
written proposal from the party making the request during the meet and confer
process which led to this MOU. It is further agreed, however, that this Article shall
not prohibit the parties from requesting to meet and confer on changes to federal
or state statutes or regulations, or binding case law changes regarding statutes
or regulations after exhaustion of the appeal process, referred to or cited in this
MOU, in which case the request to meet and confer shall not be refused.
D. Notwithstanding the foregoing, the parties agree to meet and confer over the
following items during the term of this MOU.
Proposed changes to the Personnel and Civil Service provisions of the
FMC during the term of this MOU. If the Unit wishes to meet regarding
any proposed changes, a meeting or meetings to discuss the proposed
changes will not be unreasonably delayed.
E. Should any other represented Public Safety bargaining unit in the City negotiate
a successor MOU for dates that are covered by this MOU or have terms imposed
resulting in an across the board increase to base wage greater than is provided
in this MOU or a greater percentage value of accumulated sick leave for
contribution to the Health Reimbursement Arrangement, the City, upon the
Association’s written request, will match that benefit.
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 31
IN WITNESS WHEREOF, the parties hereto have set their hands this
________day of ________________________, 2022.
FOR THE INTERNATIONAL FOR THE CITY OF FRESNO:
ASSOCIATION OF FIREFIGHTERS:
______________________________ ______________________________
DEAN SANDERS TJ MILLER
President Assistant City Manager
______________________________ ______________________________
KATHLEEN N. MASTAGNI STORM, ESQ. JONATHAN V. HOLTZMAN, ESQ.
Attorney at Law Special Counsel
______________________________
STEPHEN D. LEONESIO
Labor Relations Consultant
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: ____________________
Supervising Deputy City Attorney
MOU: City and Fire Management 12/9/2021 – 6/30/2024 Page 32
EXHIBIT I - SALARIES
TABLE I
Salaries Effective June 21, 2021
STEP A B C D E F G
Fire Battalion Chief 9013 9466 9937 10432 10955 11501 12077
Fire Deputy Chief 11427 11999 12600 13231 13892 14589 15320
TABLE II
Salaries Effective June 20, 2022
STEP A B C D E F G H
Fire Battalion
Chief 9284 9750 10236 10745 11284 11847 12440 13062
Fire Deputy Chief 11770 12359 12978 13628 14309 15027 15780 16569
TABLE III
Salaries Effective June 19, 2023
STEP A B C D E F G H
Fire Battalion
Chief 9563 10043 10544 11068 11623 12203 12814 13454
Fire Deputy Chief 12124 12730 13368 14037 14739 15478 16254 17067
TABLE IV
Salaries Effective September 25, 2023
STEP A B C D E F G H I
Fire
Battalion
Chief
9563 10043 10544 11068 11623 12203 12814 13454 14127
Fire Deputy
Chief 12124 12730 13368 14037 14739 15478 16254 17067 17921