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Cathedral City
City of Cathedral City
MEMORANDUM OF
UNDERSTANDING
CATHEDRAL CITY FIRE
MANAGEMENT ASSOCIATION
(CCFMA)
January 1, 2020 — December 31, 2022
Contents
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ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION 4
ARTICLE 2: SEVERABILITY 4
ARTICLE 3: STRIKES AND/OR JOB ACTIONS 5
ARTICLE 4: SUCCESSOR NEGOTIATIONS 5
ARTICLE 5: TERM 5
ARTICLE 6: GENERAL PROVISIONS 5
6.1 Equal Employment Opportunity. 5
6.2 Safety and Health. 5
6.3 Employee Activities 6
6.4 Inconsistent Employee Activities 6
6.5 Improper Use of City Equipment Prohibited 6
6.6 Political Activity 6
6.7 Criminal Conviction- Ineligibility for Employment 7
6.8 Smoking. 7
6.9 Organized Mess 7
6.10 Shift Trades. 8
ARTICLE 7: MANAGEMENT RIGHTS 9
7.1 Exclusive Control of Certain Aspects 9
7.2 Not subject to Grievance Procedure 9
ARTICLE 8: COMPENSATION 10
8.1 Salary Increases 10
8.2 Salary Advancement 10
8.3 Salary on Promotion 10
8.4 Salary on Demotion 11
8.5 Salary on Reinstatement 11
8.6 Salary on Transfer 11
8.7 Salary on Position Reclassification 11
8.8 Special Salary Adjustments 11
8.9 Overtime 12
8.10 Payment of Overtime 12
8.11 Other Compensatory Time Off 12
8.12 Call Out Pay 12
8.13 Compensation for Layoff 12
8.14 Compensation during Suspension 12
8.15 Salary on Voluntary Demotion 12
8.16 Compensation for Temporary Assignment to Higher Classification 13
8.17 Bilingual Pay 13
8.18 Compensation for Vehicle Use. 13
8.19 Correcting Errors in Salary Rate and Other Provisions 14
8.20 Paramedic Assignment Differential 14
8.21 Certification and Education Incentives 14
8.22 Management Incentive Pay 15
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ARTICLE 9: RECRUITMENT AND SELECTION 15
9.1 Physical Requirements 15
9.2 Separation 15
9.3 Voluntary Demotion 15
ARTICLE 10: PROBATION 16
10.1 Probation Period 16
10.2 Probation on Promotion or Reinstatement 16
10.3 Objective of Probationary Period 16
10.4 Satisfactory Completion of Probation Period 16
10.5 Unsuccessful Probation Period 16
10.6 Unsuccessful Reinstatement Probation 16
10.7 Probation Following Layoff 16
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES 16
11.1 Purpose for Layoffs 16
11.2 Order of Layoff 16
11.3 Abolishment of Position(s). 17
11.4 Layoff Appeal. 17
11.5 Reinstatement List. 17
11.6 Notification of Layoff 17
ARTICLE 12: ATTENDANCE AND LEAVES 18
12.1 Attendance at Work; Absence without Leave 18
12.2 Automatic Resignation. 18
12.3 Hours of Work 18
12.4 Work Week. 19
12.5 Leave of Absence; Continuation of Benefits. 19
12.6 Military Duty 19
12.7 Vacation Leave 20
12.8 Holiday Pay 21
12.9 Jury Duty. 22
12.10 Bereavement Leave. 22
12.11 Family Medical Leave 22
12.12 Sick Leave 22
12.13 Sick Leave Accrued Limit and Payoff. 23
12.14 Sick Leave Conversion 23
12.15 Effect of Absence on Sick Leave. 23
12.16 Family Illness Leave. 23
12.17 Unauthorized Leave 24
12.18 Catastrophic Leave Donation. 24
ARTICLE 13: GRIEVANCE PROCEDURE 25
13.1 Matters Subject to Grievance Procedures. 25
13.2 Informal Grievance Procedure. 25
13.3 Formal Grievance Procedure. 25
13.4 Appeal to the City Manager 26
13.5 Extension of Time Limitations. 26
13.6 Administrative Appeal Procedure. 26
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS 26
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14.1 Personnel File. 26
14.2 Disclosure of Information. 26
ARTICLE 15: EDUCATION INCENTIVES 26
15.1 Education Incentives 26
15.2 Paramedic Recertification. 27
ARTICLE 16: HEALTH BENEFITS 27
16.1 Employee Health Benefits 27
16.2 Retirement Health Benefits 28
16.3 Public Employees' Retirement System. 31
ARTICLE 17: FRINGE BENEFITS 32
17.1 Uniform/Equipment Allowances 32
17.2 Deferred Compensation. 32
17.3 Long Term Disability Income, Accidental Death and Dismemberment 32
17.4 Wellness Program 32
17.5 Life Insurance 32
17.6 Additional Retirement Benefit 32
17.7 PERS 1959 Survivor Benefit. 32
ARTICLE 18:AGREEMENT ALL INCLUSIVE 33
CCFMA MOU I January 1, 2020—December 31, 2022 Wage
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CATHEDRAL CITY AND THE CATHEDRAL
CITY FIRE MANAGEMENT ASSOCIATION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Fire Management Association is recognized under the provisions of the
Meyers-Milias-Brown Act of the State of California as the majority representative of the following
employees:
All full-time sworn employees of the Cathedral City Fire Department of the rank of Fire Captain
and above, except the Fire Chief.
B. Representatives of the Cathedral City Fire Management Association (hereinafter sometimes
referred to as "CCFMA")and the City of Cathedral City(hereinafter sometimes referred to as the
"City") have met and conferred in good faith on wages, hours, and other terms and conditions of
employment for the employees represented by CCFMA in the bargaining unit listed above and
have reached agreements which are set forth in this Memorandum of Understanding(hereinafter
sometimes referred to as the "MOU" or "Agreement"). The parties have fully discharged their
obligations to each other pursuant to the Meyers-Milias-Brown Act ("MMBA," Gov. Code § 3500
et.seq.)for all matters within the scope of representation for the term of this MOU.
C. This Memorandum of Understanding is established in accordance with the provisions of the
Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), effective only upon
ratification by the City Council of the City of Cathedral City and by majority vote of the bargaining
unit of employees represented by CCFMA.
Subject to the foregoing limitations, CCFMA and the City agree as follows:
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR
DECERTIFICATION
The Association will maintain records of employee authorizations for dues deductions, and shall provide
the City with information regarding the amount of dues deductions and the list of Association members
who have authorized dues deductions.To the extent required by the Government Code,the City shall rely
on the information provided by the CCFMA and deduct those authorized.
The employee's earnings must be sufficient after other legal and required deductions are made to cover
the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction
will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of
the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made.
In this circumstance, all other legal and required deductions (including health care deductions) have
priority over Association dues.
CCFMA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and
employees,from all liabilities and/or damages of any nature arising from the application of this section.
ARTICLE 2: SEVERABILITY
It is understood and agreed by the parties that this MOU is subject to all present and future applicable
Federal and State laws and regulations,and the provisions hereof shall be effective and implemented only
to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to
CCFMA MOU I January 1, 2020—December 31, 2022 4 I F c
some provisions which are covered by the Fair Labor Standards Act, and,to the extent that the Fair Labor
Standards Act permits employers and employee groups to contract for modification of the procedures
otherwise utilized under the Fair Labor Standards Act, and to the extent that such modification is
authorized by Federal law,the parties intend that this contract shall take precedence over the provisions
of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent
with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or
unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and
the provisions of the applicable laws and regulations shall prevail; in such event, however,the remainder
of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 3: STRIKES AND/OR JOB ACTIONS
CCFMA, on behalf of all of its members,agrees that neither CCFMA, nor its representatives, nor members
of the CCFMA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind
during the term of this Agreement.
ARTICLE 4: SUCCESSOR NEGOTIATIONS
Representatives of the City and CCFMA shall commence negotiations for a successor Agreement within a
reasonable period of time prior to the expiration of this Agreement. The parties shall also make a good
faith effort to conclude said negotiations prior to the expiration of this Agreement.
ARTICLE 5: TERM
The term of this Agreement shall be from January 1, 2020 through December 31, 2022. This Agreement
shall not be re-openable for any purpose except by mutual agreement of the parties.
ARTICLE 6: GENERAL PROVISIONS
6.1 Equal Employment Opportunity. Appointments and promotions of individuals shall be made on
the basis of job-related standards of education, training, experience, merit and ability. No
appointment to or removal from a position in the City's personnel system shall be affected or
influenced by any consideration of race, color, or national origin, religious creed, ancestry, age,
sex, marital status, physical disability, mental disability, medical condition, pregnancy, child birth
or related medical condition, sexual orientation, domestic partnership status or religious opinion
or affiliation, and and/or other legally protected status.
6.2 Safety and Health. Each employee shall comply with CAL/OSHA safety laws,rules and regulations.
All employees shall follow safe practices, use personal protective equipment as required, render
every possible aid to safe operations, and report all unsafe conditions or practices. Special
equipment, if it is required,shall be provided by the City.
6.2.1 Intoxicating Substances. Employees should avoid using intoxicating substances at least
six (6) hours prior to reporting to the scheduled work shift and at any time during the
work day, including lunch or dinner breaks, except when necessary to conduct an
approved investigation. Employees shall not have in their possession any intoxicating
substances while on duty, unless the possession of such substances is in the course of
their duties. No employee shall be on duty while impaired for the performance of duty
or under the influence of alcohol, any unlawful drug or any controlled substances, or
otherwise be in violation of the department's drug and alcohol policy.
CCFMA MOU I January 1, 2020—December 31, 2022 5 I P
6.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA regulations
shall be provided and replaced by the City.
6.3 Employee Activities. During the employee's work day, he or she is expected to devote his or her
full-time in the performance of his or her assigned duties as a City employee. No employee shall
engage in any outside employment, enterprise, or remunerated activity without the prior
approval of his or her department head or appointing power. At no time shall any such outside
employment or activity be conducted on City time. No employee shall engage in any employment,
outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes
with his or her ability to perform the duties, functions or responsibilities of his or her position as
a City employee, nor shall he or she engage in any outside activity which will directly or indirectly
contribute to the lessening of his or her effectiveness as a City employee. No employee shall
engage in any type of activity relating to an employee organization during such time as employee
is on duty,except as expressly permitted by the City Manager or designee,State and Federal laws,
MOU, or Council resolution.
6.4 Inconsistent Employee Activities. In making a determination as to the consistency or
inconsistency of outside activities, the department head or appointing power shall consider,
among other pertinent factors, whether the activity:
a) Involves receipt or acceptance by the employee of any money or other consideration from
anyone other than the City for the performance of an act which the employee, if not
performing such act, would be required or expected to render in the regular course of his or
her City employment as a part of his or her duties as a City employee; or,
b) Involves conditions or factors which would be incompatible or in conflict with the duties,
functions or responsibilities of the employee in his or her regular City employment; or,
c) Involves the performance of an act in other than his or her capacity as a local agency officer
or employee which act may later be subject directly or indirectly to the control, inspection,
review, audit, or enforcement of any other officer or employee or the agency by which he or
she is employed; or,
d) Involves such time demands as would render performance of his or her duties as a local
agency officer or employee less efficient; or,
e) Involves the use for private gain or advantage of City time,facilities,equipment and supplies,
prestige, influence,or confidential information of one's City office or employment; or,
f) Involves the solicitation of future employment with a business having business transactions
with the City over which the employee has some control or influence in his or her official
capacity at the time of the transaction.
6.5 Improper Use of City Equipment Prohibited. No City-owned equipment, autos, trucks,
instruments,tools, supplies, machines, badges, identification cards, or other items which are the
property of the City shall be used by an employee except upon prior approval of the employee's
department head or appointing power or designee duly authorized to give such approval.
6.6 Political Activity. Except as necessary to meet requirements, if any,of Federal law, no restrictions
shall be placed on the political activities of any officer or employee of the City of Cathedral City
other than the following:
CCFMA MOU I January 1, 2020—December 31, 2022 Wage
a) Use of office, authority or influence to obtain change in position or compensation. No
employee shall, directly or indirectly, use, promise, threaten or attempt to use his or her
office, authority or influence, to secure, or to obstruct or prevent another person from
securing, any position, nomination, confirmation, promotion, or change in compensation or
position within the City, upon the condition that his or her vote or another's vote, influence
or action shall be given or used on behalf of,or withheld from,any candidate,officer,or party,
or upon any other corrupt condition or consideration. (Government Code Section 3204.)
b) Soliciting political funds or contributions from other officers or employees. No employee shall
directly or indirectly solicit political funds or contributions from other employees of the City.
The employee, however, is not prohibited from communicating through the mail or by other
means, requests for political funds or contributions to a significant segment of the public
which may include officers or employees of the City. (Government Code Section 3205.)
c) No employee shall engage in political activity during working hours nor engage in political
activities at any time on City premises. (Government Code Section 3207.)
d) No employee of the City may engage, during his or her working hours, in the solicitation or
receipt of political funds or contributions to promote the passage or defeat of a ballot
measure which would affect the rate of pay, hours of work, retirement, civil service or other
working conditions of the employees of the City; nor shall entry be permitted into the
workplace during working hours for those purposes. (Government Code Section 3209.)
e) Employees, the City and CCFMA shall in all other respects comply with the provisions of
Government Code sections 3201-3209.
6.7 Criminal Conviction—Ineligibility for Employment. The parties agree that the City Manager has
hiring and firing discretion with respect to individuals convicted of a felony, or of a misdemeanor
involving moral turpitude, subject to an employee's rights outlined in the disciplinary appeals
process and the FBOR.
The City Manager and his or her authorized designees are hereby authorized to have access to
the "State Summary Criminal History Information" as provided for in Section 11105 of the
California Penal Code, in order to enable the City Manager to fulfill his or her duties in the
employment, supervision and termination of City employees.
6.8 Smoking. City employees are encouraged not to smoke as it is a proven detriment to health,
safety and productivity. Smoking is not allowed in City buildings; employees must smoke out-of-
doors. Smoking is not permitted while on duty if prohibited by existing department rules.
Smoking is not permitted in City vehicles or other City equipment.
6.9 Organized Mess. All members assigned to a fire station shall participate in an organized mess for
the consumption of meals while on duty. Participation shall be at a charge equal to the value of
the meal irrespective of whether the employee chooses to eat the meal. Members may be
exempted for medical, religious or weight reduction reasons. Otherwise, participation is
mandatory.
The City shall not be responsible financially or otherwise for the cost, preparation thereof or the
collection of any funds of an organized mess. The City shall not be responsible for maintaining
any records or providing administration regarding this MOU provision.
CCFMA MOU I January 1, 2020—December 31, 2022 7 I f,
6.10 Shift Trades. City and employees of CCFMA agree to allow shift trades, not to exceed more
than 576 hours per year for any one employee when approved by the fire chief, effective
January 1, 2021. In addition, City and employees of CCFMA agree to comply with all
requirements of FLSA section 7(p)(3)and regulation section 29 CFR section 553.31 as follows:
1. FLSA provision: 29 USC section 207(p)(3):
(p) Special detail work for fire protection and law enforcement employees; occasional or
sporadic employment; substitution (3) If an individual who is employed in any capacity by a
public agency which is a State, political subdivision of a State, or an interstate governmental
agency, agrees, with the approval of the public agency and solely at the option of such
individual,to substitute during scheduled work hours for another individual who is employed
by such agency in the same capacity, the hours such employee worked as a substitute shall
be excluded by the public agency in the calculation of the hours for which the employee is
entitled to overtime compensation under this section.
The US Dept. of Labor regulation, 29 CFR section 553.31:
Sec. 553.31 Substitution--section 7(p) (3).
a) Section 7(p)(3) of the FLSA provides that two individuals employed in any occupation by
the same public agency may agree, solely at their option and with the approval of the
publicagency,to substitute for one another during scheduled work hours in performance
of work in the same capacity.The hours worked shall be excluded by the employer in the
calculation of the hours for which the substituting employee would otherwise be entitled
to overtime compensation under the Act. Where one employee substitutes for another,
each employee will be credited as if he or she had worked his or her normal work
schedule for that shift.
b) The provisions of section 7(p)(3) apply only if employees' decisions to substitute for one
another are made freely and without coercion, direct or implied. An employer may
suggest that an employee substitute or"trade time" with another employee working in
the same capacity during regularly scheduled hours, but each employee must be free to
refuse to perform such work without sanction and without being required to explain or
justify the decision.An employee's decision to substitute will be considered to have been
made at his/her sole option when it has been made(i)without fear of reprisal or promise
of reward by the employer, and (ii) exclusively for the employee's own convenience.
c) A public agency which employs individuals who substitute or "trade time" under this
subsection is not required to keep a record of the hours of the substitute work. In order
to qualify under section 7(p)(3),an agreement between individuals employed by a public
agency to substitute for one another at their own option must be approved by the Fire
Chief.This requires that the agency be aware of the arrangement prior to the work being
done, i.e.,the employer must know what work is being done, by whom it is being done,
and where and when it is being done. Approval is manifest when the employer is aware
of the substitution and indicates approval in whatever manner is customary.
CCFMA MOU I January 1, 2020—December 31, 2022 8 I P a g e
ARTICLE 7: MANAGEMENT RIGHTS
7.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights and
authority under State law, and expressly and exclusively retains its management rights and to
exercise its management rights without the obligation to meet and confer over the decision to
exercise any retained management rights,which include, but not be limited to:
a. the exclusive right to determine the mission of its constituent departments,commissions,
and boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions;
d. direct its employees;
e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack of
work or other lawful reasons;
g• maintain the efficiency of governmental operations;
h. determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted;
determine the content and intent of job classifications;
j• determine methods of financing;
k. determine style and/or types of City-issued wearing apparel,equipment or technology to
be used;
determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work by
which the City operations are to be conducted;
m. determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions including, but not
limited to,the right to contract for or subcontract any work or operations of the City;
n. assign work to and schedule employees in accordance with requirements as determined
by the City and to establish and change work schedules and assignments upon reasonable
notice;
o. establish and modify productivity and performance programs and standards;
P. discharge, suspend, demote, reprimand, withhold salary increases and benefits, or
otherwise discipline employees in accordance with applicable law;
q. establish employee performance standards including, but not limited to, quality and
quantity standards, and to require compliance therewith; take all necessary actions to
carry out its mission in emergencies; and
r. exercise complete control and discretion over its organization and the technology of
performing its work.
7.2 Not subject to Grievance Procedure. The exercise by the City through its Council and
management representatives of its management rights as set forth above shall not in any way,
directly or indirectly, be subject to the grievance procedure. The City shall, on request of CCFMA,
meet and confer on the impact, if any, of the exercise of any management rights. This, however,
will not in any manner limit the City's prerogative to exercise any retained management right.
CCFMA MOU I January 1, 2020—December 31, 2022 9 I I
ARTICLE 8: COMPENSATION
8.1 Salary Increases. The City and CCFMA agree to the following schedule of salary increases to be
effective with the start of the pay period following the designated dates:
A. 2.0%effective after ratification
B. 2.5%effective January 1, 2021
C. 2.5%effective January 1, 2022
8.2 Salary Advancement_Full-time Employees. Except as otherwise provided in this Article,full-time
employees may be considered for an increase in salary according to the following rules:
a) Advancement to a next higher merit increase step may be made after a twelve (12) month
interval from the hire date or from the effective date of the employee's last increase, and for
continued satisfactory service. A merit increase based on educational or chief officer
certification shall not change the otherwise effective merit review date.
b) At the time of each employee's next merit review,as extended,advancement to a next higher
merit increase step may be made. Thereafter, advance to a next higher merit step increase
may be made after a twelve (12) month interval from the hire date or the date of the last
merit increase,whichever is most recent,for continued satisfactory service.
c) Except for the extension of the merit review date as specified in subparagraph a,
advancement to the next higher merit increase step shall not be automatic. Such salary
increase or denial of salary increase shall require the specific recommendation, through a
performance evaluation, of the employee's department head and the approval of the
Personnel Director. When an employee is denied an increase, he or she may be reconsidered
for such advancement at any subsequent time with a satisfactory performance evaluation.
d) Except for the extension of the merit review date as specified in subparagraph a,
advancement to merit steps 6 and above may occur after two(2)years satisfactory service in
the next preceding step in the respective salary range. Any such advancement shall be
granted only as a result of a written evaluation of continued meritorious and efficient service
and continued improvement by the employee in the effective performance of the duties of
his or her position.
e) For employees hired prior to January 7,2015 only,a 7.5%longevity pay adjustment shall occur
after fifteen (15) years of City employment; an additional 5% longevity pay adjustment shall
occur after twenty (20) years; and an additional 2.5% longevity pay adjustment shall occur
after twenty-five(25)years of City employment. Employees hired on or after January 7, 2015
are not eligible.
8.3 Salary on Promotion. Any employee who is promoted to an open position in a class with a higher
salary range shall be placed on Step A in the new higher range or placed at the step which provides
at least a minimum 5%salary increase for the employee, not to exceed the highest merit/longevity
increase step of the new range. The employee's merit review date shall change to the effective
date of the promotion for consideration in subsequent years.
When economic conditions, unusual employment conditions or exceptional qualifications of a
candidate for promotion indicate that a higher merit increase step would be in the City's best
CCFMA MOU I January 1, 2020—December 31, 2022 10 ( I
interests, upon written recommendation of the department head, the City Manager may
authorize payment of salary at a higher merit/longevity increase step in the salary range.
8.4 Salary on Demotion. Any employee who is demoted may be placed at a lower step, or may be
placed at a step in a lower range or may be placed at step "Y" which is equal to the employee's
current salary step. The employee's merit review date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is
assigned to a salary range in which the last step is equivalent to or higher than the Step "Y", at
which time the employee shall be placed in the next highest step. Such employee shall not receive
salary adjustments until such time as Step "Y" is equivalent to or less than the highest merit
increase step of the salary range of the employee's position.
8.5 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year
of such resignation and upon recommendation of the department head and approval of the City
Manager, be reinstated in a position in the class in which the employee had previously served,
subject to an available budgeted position. Upon such reinstatement, the employee shall not
receive a salary higher than the step in the salary range the employee previously received prior
to the employee's separation. The employee shall be given a new merit review date, as if a new
hire.
8.6 Salary on Transfer. Any employee who is transferred from one position to another position in
the same class, or to another position in a classification having the same salary range, shall be
compensated at the same step in the salary range as the employee previously received. The
employee's merit review date shall not change.
8.7 Salary on Position Reclassification. When an employee in the classified service is reclassified to
a lower classification,the employee shall retain his or her rate of pay and his or her merit review
date or shall be placed in the step of the lower salary range closest to the employee's salary rate.
If the last step of the salary range of the lower job class is lower than the employee's salary rate,
the current salary step shall be identified as Step"Y" because of a downward reclassification, and
the employee shall remain in the Step "Y" until such time as his or her job is assigned to a salary
range in which the highest step is equivalent to or higher than the Step "Y", at which time the
employee shall be placed in the next higher step. Such employee shall not receive annual or other
periodic salary adjustments until such time as Step "Y" is equivalent to or less than the highest
step of the salary range of the employee's reclassified position. When an employee is reclassified
to an equivalent classification, the employee shall retain his or her salary rate and merit review
date. When an employee is reclassified to a higher classification, the employee shall be placed
on Step A in the new higher range or placed at the step which is a minimum 5% salary increase
for the employee,not to exceed the highest merit increase step of the new range. The employee's
merit review date shall change to the effective date of the reclassification for consideration in
subsequent years.
8.8 Special Salary Adjustments. A department head may recommend in writing, to raise an
employee's salary step to a higher merit/longevity increase step prior to the eligibility times
specified in this article so as to recognize meritorious service,advanced educational achievements
or other extraordinary attributes related to the employee's public service. Such increased
compensation is subject to the approval of the City Manager and the availability of budgeted
funds. The employee's merit review date shall change to the effective date of the special increase.
CCFMA MOU I January 1, 2020—December 31, 2022 11 I P a g e
8.9 Overtime. A department head may require an employee to work beyond the employee's regular
hours of employment. Any overtime hours worked by Fire Captains, Fire Battalion Chiefs and
Division Chiefs will be paid for at the usual time and one-half rate.
As a 24-hour shift employee, a regular schedule includes eight (8) 24-hour shifts during a 24-day
work cycle for a total of 192 hours. Of the 192 hours, 10 hours shall be paid at the overtime rate
of pay. All hours are to be considered "hours worked" with the exception of sick leave, banked
holiday hours and floating holiday hours, for the purpose of calculating overtime rate of pay, for
hours in excess of a regular schedule.
8.10 Payment of Overtime. All overtime hours worked during the standard 14-day pay period shall be
paid at straight time on the regular biweekly pay schedule. Upon completion of the 24-day work
cycle, the balance of payment for overtime worked during that cycle shall be paid as "true-up"
subject to sick leave provisions defined in Article 8.9.
8.11 Other Compensatory Time Off. The City Manager may grant compensatory time off to any City
employee in unique situations where actions of the employee, over and above the call of duty,
clearly merit such consideration.
8.12 Call Out Pay. For Fire Battalion and Division Chiefs only,the City shall pay for any call out during
any weekend or after hours call out if the employee had been released from work on a normal
business day.
8.13 Compensation for Layoff. An employee who is terminated from the classified service of the City
as a result of a layoff shall be paid for accrued vacation and accrued overtime. Payment shall also
be made under the provisions of Section 12.13, if a laid off employee has three (3) or more years
of employment with the City. Accrued sick leave shall be restored to an employee if the employee
is re-employed within one (1) year. Should an employee be re-employed in the formerly held
position, the employee shall be placed at the same salary step as when the layoff occurred. No
credit shall be received toward a step increase or seniority during the period of layoff.
For those members of the Association who are laid off,the City shall provide severance pay in an
amount equal to three (3) months' base salary.
Employees who have attained regular status at the time of layoff and who are re-employed within
a period of one (1) year shall retain their assigned merit review dates. Regular employees who
are re-employed after a period of one (1) year will be assigned a new merit review date.
8.14 Compensation during Suspension. An employee who is suspended with pay under the
disciplinary procedures shall be paid normal salary at that salary rate that the employee was
entitled to prior to the suspension. An employee who is suspended without pay under the
disciplinary procedures shall not be paid for those specific days of suspension. Additionally, an
employee suspended without pay shall not accrue sick leave,vacation,seniority or other benefits
during a suspension of more than fifteen (15) working days, except that health and life insurance
benefits will be maintained.
8.15 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects
to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower
range or may be placed at Step "Y" which is equal to the employee's current salary step. The
employee's merit review date shall not change.
CCFMA MOU I January 1, 2020—December 31, 2022 12 I i
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is
assigned to a salary range in which the highest merit increase step is equivalent to or higher than
the Step "Y" at which time the employee shall be placed in the next higher merit increase step.
Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent to or
less than the highest step of the salary range of the employee's position.
8.16 Compensation for Temporary Assignment to Higher Classification. An employee shall receive
adjusted compensation of five percent (5%) of their base rate of salary for working in an
assignment in a higher classification. Working at a higher classification shall mean that the
employee is performing a significant part of the duties of a position in a higher salary range.
Employees will begin to receive the adjusted compensation on the first day they work in the
higher classification.
Employees may not be assigned to work in a higher classification for longer than six (6) months.
An extension of this time may be approved in writing with the concurrence of the Fire Chief and
the Human Resources Manager for up to an additional six (6) months, for a total term of twelve
(12) months. However,when an appointment is made under this section due to a position that is
vacant and is scheduled to be filled following the completion of a recruitment process, the
temporary out-of-class assignment is limited to 960 hours in a fiscal year.
Employees who are assigned to work in a higher classification under this section will be notified
that this placement is temporary, and that after the assignment, they will be returned to their
regular position.At the end of the term of assignment to a higher classification,the employee will
be returned to the rate of pay in the classification and step they would have achieved if they were
never assigned to the out of class position.
The parties agree that, to the extent permitted by law (2 CCR section 571), compensation for
working at a higher assignment shall be reported to CaIPERS as a special compensation for Classic
CaIPERS members.
8.17 Bilingual Pay. Employees who have the ability to fluently converse in a second language may be
designated as a bilingual employee required to use their skills as a part of their City employment.
This designation must be made by the Fire Chief or designee and approved by the City Manager
or designee in writing. Designated employees shall receive a lump sum payment in the amount
of$100.00 per pay period.
Eligible employees must successfully complete an initial assessment and subsequent annual
assessments to receive such designation.
Employees on any form of leave time in excess of 30 consecutive calendar days shall be deemed
not to be using their bilingual skills on a regular basis and shall be ineligible to receive bilingual
pay until the employee returns to duty.
The parties agree that,to the extent permitted by law(2 CCR section 571 and 2 CCR section 571.1),
bilingual pay shall be reported to CaIPERS as special compensation or pensionable compensation.
8.18 Compensation for Vehicle Use. An employee shall be compensated for use of the employee's
personal vehicle on City business under rules set forth by the City Manager and at the rate set by
City Council resolution.
CCFMA MOU I January 1, 2020—December 31, 2022 13
8.19 Correcting Errors in Salary Rate and Other Provisions. Should an employee be paid on the basis
of a higher step in the salary range for his or her class than that for which he or she was
recommended,or receive additional salary than that authorized,or accrue leaves or receive other
benefits through error, such error shall be corrected immediately following its discovery.
Reimbursement to the City by the employee of the overpayment caused by said error shall be
made by one of the following methods or a combination thereof:
a) Application of accrued equivalent time off for overtime service;
b) Application of equivalent time off for overtime service earned during the time
immediately following the date of the discovery of said error;
c) Application of the increase in the employee's salary following his or her next merit or
longevity merit salary increase; or
d) Any other method mutually agreed to.
Determination of which one or combination of the above methods of reimbursement should be
used shall be made by the department head in consultation with the affected employee, subject
to the approval of the City Manager, subject to the grievance procedures of Article 13. Should
the employee terminate before full reimbursement to the City has been made the money
required to complete reimbursement shall be deducted from his or her last paycheck, if
authorized by law. Reimbursement shall not be sought for payments made more than one (1)
year prior to discovery, unless the error was caused by the affected employee.
8.20 Paramedic Assignment Differential. Any Fire Captain whose regular work assignment is not a
primary paramedic on a fire unit, shall receive a 5% stipend when required to serve as a primary
paramedic. To be eligible for the paramedic stipend, the employee must possess a current
paramedic certificate.The employee will be eligible to receive the paramedic stipend after serving
as a primary paramedic for five (5) consecutive shifts. Any Fire Captain who is fully qualified and
licensed as a paramedic, but not regularly assigned to such duties, shall receive a monthly
differential of$100 for maintaining his or her certification and for occasionally filling in as needed,
and must serve as needed as a paramedic until the certification expires.
8.21 Certification and Education Incentives.
a) Fire Captains. Fire Captains who possess a California Community College Associate Degree
(any major), or an equivalent degree from an accredited post-secondary institution, or have
earned an equivalent number of units (i.e., sixty (60) semester units or ninety (90) quarter
units in fire service and/or public safety courses) at an accredited post-secondary institution,
have completed at least two (2) classes of the State Fire Marshall educational requirements
offered by State Fire Training for Chief Officer certification shall be compensated five percent
(5%)of base salary.
Fire Captains hired prior to November 25, 2012 who possess a Bachelor of Arts or Bachelor of
Science degree or a Chief Officer certificate shall be compensated five percent (5%) of base
salary. Members hired on or after November 25, 2012 and those not already holding a Chief
Officer certificate must meet State Fire Marshall educational and experience requirements
for Chief Officer as most recently published by the State Fire Marshall at the time of
submission (January 2015, Associate Degree or higher, and having two (2) years' experience
at the officer level).
In no case shall these incentives exceed a total of ten percent (10%) of base salary.
CCFMA MOU I January 1, 2020—December 31, 2022 14
b) Battalion Chiefs and Division Chiefs. Battalion Chiefs and Division Chiefs who possess a Fire
Chief designation as identified by the State Fire Marshall's Office shall be compensated five
percent (5%) of base salary. In addition, Battalion Chiefs and Division Chiefs who possess a
Master's degree shall be compensated five percent (5%) of base salary.
When an employee who is receiving an educational degree incentive under this provision is
promoted to an open position in a class with a higher salary range in which an educational
degree is required, the employee's educational degree incentive is taken into consideration
when determining step placement within the higher range under section 8.3 of this MOU.
8.22 Management Incentive Pay. The City shall pay Fire Division Chiefs 3.85 hours per pay period of
additional compensation as management incentive pay. The management incentive pay for Fire
Division Chiefs shall not exceed one hundred (100) hours per year.
The City shall pay Fire Battalion Chiefs 1.55 hours per pay period of additional compensation as
management incentive pay. The management incentive pay for Fire Battalion Chiefs shall not
exceed forty(40) hours per year.
ARTICLE 9: RECRUITMENT AND SELECTION
9.1 Physical Requirements. The City Manager may require that each applicant and employee be in
such physical and mental condition as reasonably necessary to properly perform the duties of his
or her job and may require a medical or psychological evaluation at City's expense at any time on
a showing of good cause. No employee shall hold any position in a classification in which he or
she cannot physically or mentally perform all the duties of the job adequately or without hazard
to himself/herself or others. Within the limitations indicated, the City's policy shall be to make
such efforts as are consistent with the provisions of this Agreement to place physically disabled
employees in such positions as are available in the City service for which they are qualified,where
their disabilities will not substantially interfere with their performance of duties. The employee's
qualifications, length of service, nature of past performance and the availability of openings may
be considered in placing disabled employees. The City shall make reasonable accommodations
for disability, as required by law.
9.2 Separation. An employee in the classified service may be separated from employment with the
City through retirement, for mental or physical inability to perform the duties of the job,
resignation,probationary failure,death,dismissal,or layoff. An employee choosing to resign shall
file with the employee's supervisor a written resignation stating the effective date. Such
resignation shall be presented at least two (2) weeks before leaving the service. (Failure to
present the resignation in advance as specified shall justify a decision by the Human Resources
Manager to note on the personnel file that the employee is not eligible for rehire.) The resignation
shall be immediately reported to the Human Resources Manager. The other forms of separation
described above are explained elsewhere in this MOU. Prior to separation, an employee must
return all City items issued to him/her in order to receive final compensation, failing which the
City may withhold from final compensation,to the extent permitted by law,the reasonable value
of unreturned property.
9.3 Voluntary Demotion. An employee may request a voluntary demotion under the disciplinary
procedures, in lieu of other discipline, or for reasons stated in a special request to the City
Manager. The City Manager shall have full discretion in determining whether to approve such
request.
CCFMA MOU I January 1, 2020—December 31, 2022 15 If' f
ARTICLE 10: PROBATION
10.1 Probation Period. The initial probationary period for full-time employees of the City covered by
this Agreement is twelve (12) months or 2912 hours,whichever is greater.
10.2 Probation on Promotion or Reinstatement. Except as otherwise provided in a written
agreement, a promoted or reinstated employee serves a total probationary period of twelve(12)
months or 2912 hours, whichever is greater. Promotions on reinstatements will not be
permanent until the successful completion of this probationary period.
10.3 Objective of Probationary Period. The work and conduct of probationary employees shall be
subject to close scrutiny and evaluation. The probationary period shall be regarded as a part of
the training and examination process and shall be used for securing the most effective adjustment
of a new employee to a position.
10.4 Satisfactory Completion of Probation Period. If a probationary employee's probation period has
been satisfactory, and advancement to regular status is warranted,the department head shall so
recommend on a Personnel Action Form together with a performance evaluation submitted to
the Human Resources Manager. The City Manager, upon receipt of these documents, may
authorize the end of the employee's probationary period by the execution of a Personnel Action
Form. The employee shall only then be advanced to regular status upon completion of the
probationary period.
10.5 Unsuccessful Probation Period. If a probationary employee's initial probation period has not
been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing
the Personnel Action Form,may authorize the release of the employee without cause and without
the right of appeal or grievance, unless otherwise required by law, except that a probationary
promotional employee shall be returned to the position from which he or she had been promoted.
Notification of failure of probation or other action shall be in writing and shall be given to the
probationary employee prior to release from employment for any initial probationary employee,
or return to the former position for a promotional probationary employee.
10.6 Unsuccessful Reinstatement Probation. If a probationary employee's performance following
reinstatement has not been satisfactory, it shall be so stated in a performance evaluation. In
cases involving reinstatement,the City Manager, upon receipt of a performance evaluation, may
authorize the release of the employee under the provisions of Section 10.5.
10.7 Probation Following Layoff_ Employees laid off while on probation must serve a new
probationary period following re-employment.
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES
11.1 Purpose for Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the
public, reductions or curtailments of the City services may be required. Whenever, in the
judgment of the City Council, it becomes necessary,the City Council may abolish any position or
employment and the employee holding such position or employment may be laid off.
11.2 Order of Layoff. (Applicable to all employees.) In the event of a layoff, the following order shall
be followed:
CCFMA MOU I January 1, 2020—December 31, 2022 16 I I'
a) Temporary, interim and probationary employees within the unit shall be laid off prior to
the layoff of any regular employee in the same classification.
b) There shall be "bumping" rights within the CCFMA and CCPFA membership such that
individuals in higher-ranking positions, if meeting Bona Fide Occupational Qualifications
(BFOQ) for that class, may "bump" into a lower rank if layoffs occur. The individual
bumping must have previously held a position in the lower rank with the Cathedral City
Fire Department. If any member is bumped into a lower position and had not completed
probation, then that member must complete the probation for that rank; however, the
employee is still considered a permanent employee for purposes of bumping.
c) Seniority in a member's "bumped" class shall consist of time in rank from the previous
class, plus time in class from the last previously held class. (Example: Engineer with five
years in class plus five years in class as Captain brings ten years of seniority to the bumped
class.) The member"bumping" back must meet the BFOQ for the class into which he/she
is bumping.
d) Any member who is "bumped" down will have the first right to "bump back" to the
original position they were "bumped" from, regardless of any current promotional lists
established. The member"bumping back" must meet the BFOQ for the class into which
he/she is bumping.
11.3 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a list of
those positions to be abolished in each department. For each affected department, the City
Manager shall assemble a list of those employees within the classification designated for position
abolishment. Such list shall be forwarded to the department head. The department head shall
prepare a list establishing the order of employee layoffs within a classification.
11.4 Layoff Appeal. A regular employee shall have the right to request review on appeal. Such request
must be made in writing to the City Manager within five (5)working days after receipt of a layoff
notice. The City Manager shall prepare and deliver a decision on the appeal within five(5)working
days after receipt of the appeal.
The scope of the appeal shall not include such issues as the need for layoff,the reasons for layoff,
the extent of layoff,the classifications selected for layoff,or the exercise of other City prerogatives
involved in layoff. The issues of such appeal shall be limited only to whether or not there was
substantial compliance with the procedures for layoffs and the established order of departmental
layoff within a classification.
11.5 Reinstatement List. In the event of layoff of permanent employees,the employee shall be carried
for up to one (1) year on a reinstatement list and the City shall be obliged to return them to the
classification from which they were laid off if an opening in that classification should occur within
one (1) year of the effective date of the layoff and the laid off employee is next on the
reinstatement list for that classification. Further, the employee shall be entitled to re-
employment consideration for any position for which he or she is qualified. Placement on such
list does not assure re-employment for any particular vacancy, other than the class from which
the employee was laid off, but does assure eligibility for consideration. Any reinstated employee
shall serve an initial probationary period as specified in Section 10.1.
11.6 Notification of Layoff. When a layoff is to occur, the City will notify the employee and the
designated bargaining unit representative at least sixty (60) calendar days prior to the effective
date of layoff.It is understood that,during this period,bargaining unit representatives may submit
recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay
increases or other similar programs which will result in reduction of the City's labor costs.
CCFMA MOU I January 1, 2020—December 31, 2022 17 I F' a g e
The notice provided to the bargaining unit representative shall contain reason(s) for the
reduction, the specific job classifications and numbers within each classification that shall be
reduced, and opportunities for placement of affected employees.
The bargaining unit representative shall respond to the City within fifteen (15) calendar days
following the notice.
ARTICLE 12: ATTENDANCE AND LEAVES
12.1 Attendance at Work;Absence without Leave. Employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and leaves. All departments shall
keep daily attendance records of employees, which shall be reported to the Administrative
Services Director, or his or her designee, in the form and on the dates they shall specify.
12.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary, for five (5)
consecutive working days, is an automatic resignation from City employment, as of the last date
on which the employee worked. Any employee who fails to report for work within forty-eight
(48) hours after delivery of a certified letter delivered by the U.S. mail to the employee's last
known address, who by the expiration of the forty-eight(48) hours has missed or will have missed
five (5) or more consecutive working days, shall also be deemed to have resigned from City
employment, as of the last date on which the employee worked. Upon a determination by the
department head or Human Resources Manager that such an absence has occurred, and that the
employee has resigned, notice of the deemed automatic resignation and of the employee's right
to request reinstatement for good cause upon timely request therefor, shall be sent by ordinary
first class mail, postage prepaid thereon, or by certified mail, or both, to the employee at his or
her last known address. An employee who has been deemed to have automatically resigned in
accordance with the terms of this Section shall have fifteen (15) days after the date of mailing of
such notice within which to request reinstatement. Any request for reinstatement must be made
in writing and must be received by the City within fifteen (15) days of the date of mailing of the
notice. Request for reinstatement may be made within ninety (90) days after the effective date
of the deemed resignation if the notice specified above was not sent to the employee in the
manner specified in this Section. Reinstatement shall be granted only if the employee makes a
satisfactory explanation to the department head as to the cause of his or her absence and as to
the reason for his or her failure to obtain leave therefor. Evidence that the employee reasonably
believed leave had been granted shall justify reinstatement. The department head, in order for
reinstatement to occur, shall find that the employee is ready, able and willing to resume the
performance of the duties of the employee's former position or, if not then able to immediately
resume such duties,the department head may consent to a leave of absence to commence upon
reinstatement. An employee so reinstated shall not be paid salary for the period of his or her
absence or separation or any portion thereof. Denial of reinstatement shall be subject to appeal
. In determining the employee's rights under all the circumstances, the City shall have the burden
to establish that the absence was in fact unauthorized and that the department head reasonably
believed the employee had abandoned his or her employment.
12.3 Hours of Work. Daily hours of work(or shifts)for employees within departments shall be assigned
by department heads as required to meet the operational requirements of said department. Any
foreseeable absence or deviation from regularly scheduled working hours desired by an employee
shall, in advance, be cleared through the employee's department head, and such absences shall
be noted on the employee's time sheet.
CCFMA MOU I January 1, 2020—December 31, 2022 18 I I'
Unless otherwise authorized by the City Manager, the City offices shall be kept open for regular
business on all days of the year except Saturday, Sunday and holidays approved by Council.
Employees for whom necessity requires a different regular work schedule than that generally
applied,shall work according to a work schedule approved by the employee's department head.
12.3.1 Work Period: The work period, under the Fair Labor Standards Act's 7k exemption, is
based on a cycle providing for consecutive work periods of twenty-four(24)days each.
12.3.2 Work Schedule. The work schedule is a "48/96" schedule under which employees will
work forty-eight(48)consecutive hours,followed by ninety-six(96)consecutive hours off
from work.
12.4 Work Week. For employees not subject to the 24-day work cycle described above,the work week
begins as 12:01 am Sunday and ends at Midnight the following Saturday (seven [7] consecutive
days)
12.5 Leave of Absence; Continuation of Benefits. The City Manager, with the concurrence of the
affected department head, may grant a regular employee a leave of absence for a period not to
exceed one year. No such leave shall be granted except upon written request of the employee
setting forth the reason for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position held at
the time leave was granted, subject to the conditions of the leave or as provided by State and/or
Federal laws. Failure on the part of an employee on leave to report promptly at its expiration
shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the
employee's last known place of address shall be reasonable notice of dismissal for failure to return
to work.
Such a leave shall generally be without pay, provided that the City Manager shall have discretion
to grant pay for the first fifteen (15)consecutive work days. Any employee on an approved leave
of absence shall accrue no vacation and no sick leave after fifteen (15) consecutive work days.
City contributions to retirement and medical plans shall be suspended until the employee is
reinstated. An employee who is on leave of absence shall be responsible for reimbursing the City
for any payroll deductions that the employee has authorized. An employee reinstated after a
leave of absence shall receive the same step in the salary range the employee received when the
leave of absence began. Time spent on such leave shall not count towards service for increases
within the salary range or benefit accruals. The employee's anniversary shall be set forward in
time one month for each thirty (30) consecutive calendar days taken. The employee shall retain
accumulated vacation credits, sick leave credits, and other similar credits; however, such credits
or seniority shall not accrue to a person granted such leave during the period of absence. When
an employee is granted a leave of absence without pay, the City shall discontinue payment of
medical and other similar insurance premiums for the employee and dependents. At the time the
employee requests a leave of absence, the employee may pre-pay the insurance premiums by
depositing funds with the Finance Department prior to the expiration of coverage, provided that
such a continuation of coverage is authorized by the City's contract for medical insurance.
12.6 Military Duty. Military leave of absence shall be granted in accordance with State and Federal
law, and resulting administrative provisions developed by the City.
CCFMA MOU I January 1, 2020—December 31, 2022 19 I
12.7 Vacation Leave.
12.7.1 Vacations. All employees (except Fire Captains who work twenty-four (24) hour shifts)
shall accrue vacation credits according to the following schedule:
Hrs./Pay Period Hrs./Yr.
Less than 2 years employment 3.69 96
2 years to 5 years 4.62 120
6 to 9 years 5.54 144
10 to 14 years 6.46 168
15 years or more 8.31 216
Fire Captains who work twenty-four(24) hour shifts shall accrue vacation credits on the
same basis as firefighters,to wit:
Hrs./Pay Period Hrs. /Yr.
Less than 2 years employment 5.54 144
2 years to 5 years 6.92 180
6 to 9 years 8.31 216
10 to 14 years 9.69 252
15 years or more 12.46 324
For deduction purposes, one shift off equals twenty-four(24) hours.
12.7.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use their
accrued vacation time annually and will be allowed to use their accrued vacation
regardless of any impact on overtime. Earned vacation credits shall be accumulated.
Employees may, however, carry over unused vacation credits to succeeding calendar
years. Except upon written approval by the City Manager, accumulated vacation credits
shall not exceed the employee's two (2) year maximum rate of accrual. Accumulated
vacation time which exceeds the two (2) year accrual maximum, and is not carried by
approval, must be paid as time worked.
Upon a four(4)week prior written request,one(1)time per calendar year,each employee
may receive pay for unused vacation time; provided, however,that a minimum of at least
once in the preceding twelve (12) months, forty eight (48) hours of vacation time or
vacation time combined with credited holiday leave is taken off in a block which
guarantees a minimum of one (1)full work week off at one time. The City Manager may
waive this condition if he or she is satisfied adequate vacation will be taken in the
immediate future.
12.7.3 Holidays or Illness within Vacation Period. Holidays falling within the vacation period shall
not be considered as part of the employee's vacation and shall not be charged against
vacation credits. Illness during a vacation period shall not be considered as sick leave,
unless confirmed by a physician's statement and approved by the City Manager.
12.7.4 Vacation Credits when Employment Terminates. Upon termination of employment, an
employee shall be paid for unused vacation credits.
12.7.5 Effect of Absence on Vacation Crediting. Absence due to sick leave or other approved
leave of absence will not affect computations for vacation credits unless such absences
CCFMA MOU I January 1, 2020—December 31, 2022 20 I P f
exceed one month, in which case the time of said absence (unless such absence is for
vacation being used) shall be excluded from computation.
12.7.6 Fire Department Vacation Policy. All fire department bargaining unit members may, in a
particular year, utilize an amount of accrued vacation time equal to the number of hours
he/she will earn during that particular year. Utilization of such vacation time shall not be
dependent upon the Department's need to fill overtime. If, however, a Fire Captain
wishes to use an amount of vacation time greater than the total number of hours
accruable in a given year, the Department's need to use overtime to cover his/her
position may be considered.
12.8 Holiday Pay
a) Holidays - Extra Pay for Working on a Holiday. Employees regularly scheduled to work on a
holiday by a supervisor in order to maintain City services shall be paid their regular straight
time pay, plus extra compensation of time and one half at the employees' regular rate of pay
for the hours worked on the holiday(therefore,total compensation for an employee working
on a holiday will be 2.5 times the employee's regular rate of pay). A holiday consists of 12
hours.This is broken down as follows:
24-hour shift worked
12 hours Regular Pay PERSABLE
12 Hours Holiday Pay PERSABLE
12 Hours at time and a half(18 Hours) PERSABLE
TOTAL HOURS PAID 42-Hours
b) Holiday Bank—The City recognizes the following Holidays:
a) January 1 (New Year's Day)
b) Third Monday in January(Martin Luther King,Jr. Day)
c) Third Monday in February (Washington's Birthday)
d) February 12 (Lincoln's Birthday)
e) Last Monday in May(Memorial Day)
f) July 4 (Independence Day)
g) First Monday in September(Labor Day)
h) November 11 (Veterans Day)
i) Fourth Thursday in November (Thanksgiving Day)
j) Friday following Thanksgiving Day
k) December 25 (Christmas Day)
I) Any day declared to be a holiday by proclamation of the
Mayor.
When a holiday falls on an employee's regularly scheduled day off, the employee will accrue 12
hours in their Holiday Bank. Employees will have the option of using these hours throughout the
year or cashing out. The cash out must be done at least annually (July 1 -June 30) and reported
in the period the holiday was earned. Upon requesting a cash-out, the employee must identify
the holiday he/she is cashing out on the appropriate form approved by finance. These hours shall
be reported pursuant to the policies, rules and requirements outlined by CaIPERS.These hours do
not count as time worked for the purpose of calculating overtime.
CCFMA MOU I January 1, 2020—December 31, 2022 21 I F' -3
c) In addition,employees shall be credited with one (1) Floating Holiday of twelve(12) hours per
year. Employees will have the option of using these hours throughout the year or cashing out
all hours before July 1 of each year. Floating holidays do not count as time worked for the
purpose of calculating overtime.The hours shall be placed in the employees' Float Bank in the
following manner:
i. Twelve (12) hours on August 1st
12.9 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the
Summons to the department head. The employee may be absent from duty with pay for time
required to be away from the employee's regularly scheduled work hours. An employee who is
released by the court from jury duty on any regularly scheduled work day shall return to work to
complete any remaining portion of regularly scheduled work hours unless otherwise excused by
the department head. The employee shall be entitled to retain juror fees as reimbursement for
expenses associated with jury duty.
12.10 Bereavement Leave. Bereavement leave with pay, not to exceed three(3) days per year,shall be
allowed for full-time employees, except Fire Captains, Battalion Chiefs and Division Chiefs who
work twenty-four(24) hour shifts, at the discretion of the City Manager. Bereavement leave with
pay for Fire Captains, Battalion Chiefs and Division Chiefs who work twenty-four(24) hour shifts,
not exceeding seventy-two (72) hours, shall be granted, at the discretion of the City Manager. If
the employee needs additional time off due to the death of a member of the employee's
immediate family, said time off shall be taken from the employee's accrued sick leave.
Leave shall be based on demonstrated need and shall be limited to death within the immediate
family. The immediate family is defined as the employee's mother, father, brother, sister,
spouse/domestic partner, children, grandparents, and legal guardians, or any in-law bearing one
of those relationships to the employee's spouse/domestic partner.
12.11 Family Medical Leave. Family-related medical leave shall be granted in accordance with Federal
and State law, and resulting administrative provisions developed by the City.
12.12 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical
incapacity of the employee due to illness or injury, or for physical examinations, including eyes,
dentist appointments or other commonly accepted health related matters. Employees shall be
eligible to use sick leave to attend to a seriously ill parent, child, spouse or domestic partner to
the extent allowed by Labor Code section 233.
All regular full-time employees working a 40-hour week shall be credited with 3.69 hours of sick
leave per pay period,or major fraction thereof. Fire Captains, Battalion Chiefs and Division Chiefs
working twenty-four(24) hour shift assignments shall be credited with 7.38 hours per pay period
or major fraction thereof. Accrued sick leave may be used for illness of the employee or physical
incapacity of the employee,or for physical examinations, including eyes, dentist appointments or
other commonly accepted health related matters.
If an absence because of illness or disability extends beyond two (2)consecutive scheduled work
days or the employee has used more than four(4)sick days in a calendar year,the employee may
be required to submit a physician's written certification to the department head before the
employee is eligible to receive sick leave pay.
Observed holidays occurring during sick leave shall not be charged against an employee's accrued
sick leave.
CCFMA MOU I January 1, 2020—December 31, 2022 22
An employee may be required to take physical examinations at periodic intervals while on sick
leave from a physician designated and paid for by the City.
In the event that an employee uses all the sick leave he/she has accrued, he/she then shall have
the vacation days he/she has accrued deducted for each day he/she is absent due to illness.
Vacation days shall continue to be deducted until the employee either returns to work or all of
accrued vacation days are used. The employee may apply to receive a leave of absence without
pay if the employee does not have any accrued vacation or sick days.
For purposes of this section, relating to employees working twenty-four (24) hour shift
assignments,one (1) day of sick leave equals twenty-four(24) hours.
12.13 Sick Leave Accrued Limit and Payoff.
24 Hour Shift Employees. Any unused portion of accumulated sick leave may be carried over into
the next calendar year provided, however,an employee's accumulated sick leave may not exceed
1440 hours unused sick leave; sick leave over the maximum will be paid out in November of each
year. However,to encourage attendance at work and discourage the frivolous use of excess sick
leave, employees with continuous employment of five (5)years or more may receive a payment
in cash of 25%of unused sick leave when they resign or retire.
Employees with continuous employment over nine (9) years may receive in cash 50% of the
unused sick leave when they resign or retire. This compensation in cash shall be at base salary
rate.
Upon four(4)weeks advance notice, one (1)time in any fiscal year, an employee is entitled upon
request to payment for accumulated sick leave in excess of four hundred twenty eight(428)hours;
payment shall be base salary rate.
Employees hired on or after November 25, 2012 may accrue sick leave without limit, but may not
cash out unused sick leave. Instead, sick leave may be converted to PERS service credit upon
retirement.
12.14 Sick Leave Conversion. Employees hired prior to November 25, 2012 with at least three (3)years
employment with the City may at their option convert accrued sick leave in excess of one hundred
twenty(120)hours(one hundred eighty[180]for members of the Association on twenty-four(24)
hour shift work)to be vacation days in accordance with the following schedule:
Employees with more than three (3) Two (2) hours of sick leave to one (1)
year's employment with the City hour of vacation
12.15 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of absence
will not affect computations of sick leave unless such absence exceeds one (1) month, in which
case,the time over the month of said absence, shall be excluded from computation and no leave
will be accrued.
12.16 Family Illness Leave. If an employee requests to be absent from duty because of illness in the
employee's immediate family,which requires the employee's attendance,the City Manager may
approve use of the employee's accrued sick leave not to exceed the equivalent of one half of the
employee's annual sick leave accrual amount. The immediate family is defined as mother,father,
brother, sister, spouse, domestic partner, children, grandparents, in-laws and legal guardians.
CCFMA MOU 1 January 1, 2020—December 31, 2022 23 1 Page
Where the employee and reason for leave qualify, the employee will be eligible for leave under
FMLA and the California Family Rights Act(CFRA)and be subject to all of the rights and obligations
under both FMLA and CFRA.
12.17 Unauthorized Leave. Any employee who is absent from work without approved leave shall be
subject to termination.
12.18 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee's
immediate family may suffer an unforeseen event, which may have a catastrophic effect on the
employee and/or the employee's family. Under such a circumstance the employee may request
leave donation from fellow employees under the following procedures:
12.18.1 Employee's Own Personal Extended Illness. An employee who is suffering from a serious
illness or a serious accident may have sick leave donated to cover the cost for the City-
provided health insurance upon expiration of family medical leave. This leave donation
shall only cover the cost of any insurance plan offered by the City and shall not be used
for salary.
12.18.2 Serious Illness or Injury of a Member of the Employee's Immediate Family. An employee
whose immediate family member is suffering from a serious illness or injury may have
leave donated to provide him/her time off from work to care for that family member.
12.18.3 Leave Donation Eligibility Procedures.
12.19.3.1 The employee seeking leave donation must have exhausted all available leave,
sick leave,vacation leave and compensatory leave.
12.19.3.2 The employee must submit a request for leave donation to the Human
Resources Office for review and approval of the City Manager or designee.The
employee will be required to provide medical documentation for the need of
this leave donation.
12.18.4 Leave Donation Procedure.
12.18.4.1 The donation of leave is voluntary and is irrevocable once donated.
12.18.4.2 Employees wishing to donate leave will submit to the Human Resources Office
an authorization for transfer of leave form.
12.18.4.3 Employees may donate accrued sick leave in excess of 96 hours with a
maximum donation of eight (8) hours of sick leave. Employees assigned to a
24-hour shift may donate accrued sick leave in excess of 144 hours with a
maximum donation of twelve (12) hours of sick leave, if said sick leave is
donated to an employee who works a 24-hour shift. Sick leave donated to an
employee who works an eight (8) hour day may not exceed eight (8) hours.
Sick leave donated to an employee who works a 24-hour shift may not exceed
twelve(12) hours.
12.18.4.4 Employee may donate a maximum of eight(8) hours of accrued vacation leave
(24 hours for employees working a 24-hour shift if leave is donated to another
employee working a 24-hour shift).
CCFMA MOU I January 1, 2020—December 31, 2022 24 I E' ,i
12.18.4.5 The donated leave will be put into a"Catastrophic Leave"account and can only
be used to care for the immediate family member or to pay for the cost of
insurance offered by the City for those persons suffering from a personal
illness for which the leave was donated.
12.18.4.6 Donated leave will be credited to the "Catastrophic Leave" account on an
hour-for-hour basis. In no case shall the total amount of leave exceed eight
(8) hours of sick leave and eight (8) hours vacation leave per donor(24 hours
for 24-hour shift personnel).
12.18.4.7 Any time remaining in the employees "Catastrophic Leave" account upon
return to work will be transferred to a "Catastrophic Leave Bank" for use by
other employees who qualify under the provisions of this Article. The
"Catastrophic Leave Bank" will have a cap of 320 hours. Any remaining leave
in excess of 320 hours will be converted to a cash value and placed in a fund
for an employee program to be determined at a later date.
12.18.4.8 In no case will an employee be able to convert the donated leave to cash or be
paid for any remaining balance of donated leave.
12.18.4.9 All donations will be maintained as confidential information.
ARTICLE 13: GRIEVANCE PROCEDURE
13.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee that the
employee has been adversely affected due to a misinterpretation or misapplication of this MOU,
or, where a grievance is specifically authorized in this Agreement, that the action grieved is
excessive, unduly harsh or unjustified.
13.2 Informal Grievance Procedure. Every effort shall be made to resolve a grievance through
discussion between the employee and/or the employee's designated representative, and the
employee's immediate supervisor. If, after such discussion, the employee does not feel that the
grievance has been satisfactorily resolved,the employee shall have the right to discuss the matter
with the supervisor's superior, if any, within the department organization. Otherwise, the
employee shall have the right to discuss the matter with the department head by proceeding to
the formal grievance procedure.
13.3 Formal Grievance Procedure. Step 1. If the employee is not in agreement with the decision
rendered in the informal grievance procedure, an employee shall have the right to present a
formal grievance in writing, using the designated grievance form, to the department head within
ten (10) calendar days from the date when the decision is rendered in the informal grievance
procedure. In the event that no decision has been rendered in the informal procedure, the
employee may proceed to the Formal Grievance Procedure no later than ten (10) calendar days
after the decision was due to be rendered in the Informal Grievance Meeting. The department
head shall meet with the employee and/or the employee's designated representative within ten
(10)calendar days after the department head's receipt of the written grievance. The department
head shall review the grievance and render a decision in writing and return it to the employee
and/or the employee's designated representative within ten (10) calendar days after meeting
with the employee. In the event that no decision is rendered within ten (10) calendar days after
meeting with the employee,the employee may proceed directly to step 2.
CCFMA MOU I January 1, 2020—December 31, 2022 25 I I
13.4 Appeal to the City Manager. Step 2. If the employee does not agree with the decision reached
by the department head, the employee may present an appeal in writing to the City Manager
within ten(10)calendar days after the employee's receipt of the department head's decision. The
appeal shall be signed and delivered to the Human Resources Manager who shall set a meeting
with the City Manager and the employee and/or the employee's representative to discuss the
grievance within ten (10) calendar days. Within ten (10) calendar days from the date of the
meeting, the City Manager shall deliver a copy of the decision to the employee and/or the
employee's representative and the department head. The decision of the City Manager shall be
final, and no further appeal may be had. Nothing in this section should be interpreted to
limit the employee's right to further administrative or judicial process outside of the City's
internal process.
13.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may
be extended by mutual written agreement between the City and the employee and/or the
employee's representative.
13.6 Administrative Appeal Procedure. CCFMA members of the Fire Department are subject to
administrative appeal procedures as provided by the Firefighters Procedural Bill of Rights Act.
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS
14.1 Personnel File. The Human Resources Manager shall maintain, or cause to be maintained, a
personnel file for each employee of the City. Employees have the right to inspect the contents of
their respective personnel files during a scheduled appointment.
14.2 Disclosure of Information. No information shall be disclosed from the personnel file of a current
or former employee other than the employee's job title, work location, work phone number,
salary verification (with written employee authorization only) and departmental assignment, to
any person other than the City Manager, City Attorney or their designated representatives. The
City Manager or City Attorney may authorize release of other information under subpoena or
under requests based upon the Public Records Act, upon determining that such request should
be honored. An employee or former employee may authorize the disclosure of information from
their file only when written permission is provided. Nothing herein shall preclude nor specifically
deny the use of any information in Personnel files in any phase of a disciplinary or probationary
action, nor when disclosure is required by any court or administrative tribunal.
ARTICLE 15: EDUCATION INCENTIVES
15.1 Education Incentives. The City shall adopt procedures under which an employee shall qualify for
educational assistance in an amount not to exceed $4,000 in any one fiscal year, on a
reimbursement basis,with a lifetime total accumulation of such assistance not to exceed$12,000.
Reimbursement shall be based upon the City reimbursing to the employee 80%of the reasonably
incurred cost of education, including tuition,fees and books. Employees seeking reimbursement
under this provision are required to receive advance authorization of the City Manager or
designee.
Education covered by this provision must be job related and taken at a licensed public or private
school or college, or a recognized training program leading to a job or professional certification,
and shall include both academic and professional certification programs. Post-graduate programs
(Master's degree programs or higher) are not covered without a determination that the program
has a relationship to the job performed by the employee, or preparation for a promotional
CCFMA MOU I January 1, 2020—December 31, 2022 26 I
opportunity within the City's employment. Reimbursement shall be made at the conclusion of a
course, upon presentation of evidence of satisfactory completion thereof (grade "C" or better),
department head review and approval of the City Manager or designee.
If an employee voluntary resigns his/her employment with the City or is terminated for
disciplinary reasons within six (6) months after receiving reimbursement under these provisions,
employee shall reimburse the City for all monies paid him/her for educational reimbursement
received dating back six (6) months from his/her termination date.
15.2 Paramedic Recertification. Upon presentation to the Fire Chief or designee of a paramedic
certification,the City shall pay to the employee a flat amount of$2,300.00 as full reimbursement
for paramedic certification. The employee has the responsibility of attending all required
certification courses and paying the required fees. There will not be any compensation for
attending certification courses during non-work times except for the pay specified above.
ARTICLE 16: HEALTH BENEFITS
16.1 Employee Health Benefits
16.1.1 Public Employees' Medical and Hospital Care Act. The City provides health
insurance benefits through the CaIPERS Health Program pursuant to the Public
Employees' Medical and Hospital Care Act (PEMHCA). The City provides dental
and vision benefits through plans outside of the CaIPERS Health Program.
16.1.2 PEMHCA Minimum Contribution. The City will pay the minimum employer
contribution amount for employees enrolled in one of the City's PEMHCA plans,
as set forth by CaIPERS and pursuant to Government Code Section 22892.
a) The minimum employer contribution amount for the 2020 calendar year is
$139.00.
b) The minimum employer contribution amount for the 2021 calendar year will
be the amount established by CaIPERS.
16.1.3 Cafeteria Plan. The City shall offer a cafeteria plan for medical, dental,vision,and
short-term disability.
16.1.4 City's Contribution Amount. Effective August 1,2020,the City's monthly cafeteria
plan contribution, inclusive of the PEMHCA minimum monthly contribution,shall
be as follows:
Flat Dollar amount Effective August 1, 2020
Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84
Flat Dollar amount Effective January 1,2021
Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71
CCFMA MOU I January 1, 2020—December 31, 2022 27 1 Page
Flat Dollar amount Effective January 1,2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34
An employee electing a medical plan less expensive than the City's contribution amount
may use the remaining balance to pay for dental, vision and/or short-term disability
insurance premiums. Any amount remaining stays with the City. An employee electing a
plan or plans that cost more than the City's contribution amount shall be responsible for
paying the difference in cost.
16.1.5 HRA Contribution—Employees Hired After August 1, 2020. For employees hired
after August 1, 2020, the City shall also contribute $100.00 per month to the
employee's Health Reimbursement Arrangement (HRA) plan, and associated
fixed dollar cost of administration. This HRA contribution is for employees only
and shall cease upon separation from City employment.
16.2 Retirement Health Benefits
16.2.1 Public Employees' Medical and Hospital Care Act. The City provides retirement
health insurance benefits through the CaIPERS Health Program pursuant to the
Public Employees' Medical and Hospital Care Act (PEMHCA). To participate, an
employee must retire with CaIPERS within 120 days of separation from the City,
or as otherwise provided by PEMHCA requirements. Participating retirees shall
comply with all applicable PEMHCA laws, regulations and rules, including but not
limited to the requirement to enroll in Medicare when eligible. The City will not
pay for the cost of Medicare enrollment.
16.2.2 Level 1 Retirees—Hired before November 24, 2012. For employees hired before
November 24, 2012 who retire from the City and who are enrolled as a retiree in
a PEMHCA plan ("Level 1 Retirees"), the City will pay the PEMHCA minimum
contribution as set forth by CaIPERS and pursuant to Government Code Section
22892. Additionally, Level 1 Retirees shall have a vested right to retirement
health benefits consisting of a supplemental City-paid contribution (inclusive of
the PEMHCA minimum contribution), as follows:
Flat Dollar amount Effective August 1, 2020
Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84
Flat Dollar amount Effective January 1,2021
Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71
CCFMA MOU I January 1, 2020—December 31, 2022 28 I i' a
Flat Dollar amount Effective January 1,2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34
For example, for a Level 1 Retiree enrolled in a Retiree only plan during the year
2020, the City will pay $139 per month as the PEMHCA minimum contribution,
and will provide up to an additional $763 per month as the supplemental City-
paid contribution directly to the retiree.
It is the intent of the parties that "vested rights" shall have the meaning as is
generally associated with that term under the law. The City has agreed to grant
vested rights in exchange for the Union's agreement to establish Level 3 Retirees.
In the event that a Level 1 Retiree's selected medical plan cost is less than the
maximum City contribution for any given month, the unused value of the City's
maximum contribution for that month may be applied toward the cost of any
vision and/or dental plan, and any remaining amounts shall be automatically
forfeited. In the event that a Level 1 Retiree's selected medical plan cost is
greater than the maximum City contribution for any given month,the retiree shall
be responsible for paying the resulting difference in cost.
In the event that a future action by the State and/or Federal government creates
a health care program that replaces the group health insurance provided by the
City, then the City's total maximum contribution as otherwise provided by this
section shall not be permitted to exceed the Level 1 Retiree's actual monthly cost,
if any, of participation in such replacement health care program.
Level 1 Retirees may continue to participate in the City's dental and/or vision plan
subject to plan terms and conditions.
The City will continue the supplemental City-paid contribution upon death of the
Level 1 Retiree as long as surviving spouses, domestic partners, or other
dependents continue to be eligible to participate in the medical plan subject to
all applicable PEMHCA requirements and plan terms and conditions. Dental and
vision plan participation shall cease upon the death of the Level 1 Retiree, but
surviving spouses, domestic partners, or other dependents can continue under
COBRA guidelines.
16.2.3 Level 2 Retirees — Hired between November 25, 2012 and July 31, 2020. After
five years of continuous service with the City, employees hired between
November 25, 2012 and July 31, 2020 who retire from the City and who are
enrolled as a retiree in a PEMHCA plan ("Level 2 Retirees"), the City will pay the
PEMHCA minimum contribution as set forth by CaIPERS and pursuant to
Government Code Section 22892. Additionally, Level 2 Retirees shall have a
vested right to retirement health benefits consisting of a supplemental City-paid
contribution (inclusive of the PEMHCA minimum contribution), based on their
total years of service with CaIPERS as follows:
CCFMA MOU I January 1, 2020—December 31, 2022 29
Credit Years of CaIPERS Service Percentage of City Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65% _
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%
The City-paid contribution will be calculated as a percentage of the following
amounts:
Flat Dollar amount Effective August 1, 2020
Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84
Flat Dollar amount Effective January 1, 2021
Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71
Flat Dollar amount Effective January 1,2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34
For example, for a Level 2 Retiree enrolled in a Retiree only plan during the year
2020 with 10 years of CaIPERS service, the Retiree would be entitled to 50%
contribution, or $451.32. The City will pay $139 per month as the PEMHCA
minimum contribution, and will provide up to an additional $312.32 (50% of
$451.32 per month as the supplemental City-paid contribution directly to the
retiree.
It is the intent of the parties that "vested rights" shall have the meaning as is
generally associated with that term under the law. The City has agreed to grant
vested rights in exchange for the Union's agreement to establish Level 3 Retirees.
The City will continue the supplemental City-paid contribution upon death of the
Level 2 Retiree as long as surviving spouses, domestic partners, or other
CCFMA MOU I January 1, 2020—December 31, 2022 30
dependents continue to be eligible to participate in the medical plan subject to
all applicable PEMHCA requirements and plan terms and conditions.
In the event that a future action by the State and/or Federal government creates
a health care program that replaces the group health insurance provided by the
City, then the City's total maximum contribution as otherwise provided by this
section shall not be permitted to exceed the Level 2 Retiree's actual monthly cost,
if any, of participation in such replacement health care program.
Level 2 Retirees may participate in the City's dental and/or vision plan(s)entirely
at their own expense and subject to plan terms and conditions. Dental and vision
plan participation shall cease upon the death of the Level 2 Retiree, but surviving
spouses, domestic partners, or other dependents can continue under COBRA
guidelines.
16.2.4 Level 3 Retirees— Hired on or after August 1, 2020. For employees hired on or
after August 1, 2020 who retire from the City and who are enrolled as a retiree in
a PEMHCA plan ("Level 3 Retirees"),the City will pay only the PEMHCA minimum
contribution as set forth by CaIPERS and pursuant to Government Code Section
22892. There shall be no supplemental City contribution for Level 3 Retirees.
Level 3 Retirees may participate in the City's dental and/or vision plan(s) entirely
at their own expense and subject to plan terms and conditions.
16.3 Public Employees' Retirement System.
a) All regular employees of the City who work at least twenty (20) hours per week or an
average of 87 hours per month are automatically covered by the City's contract with the
California Public Employees' Retirement System (CaIPERS). Membership shall commence
immediately upon employment.
b) First Level: The City provides the 3% @ 55 retirement benefit formula with single highest
year compensation consideration for all unit members hired prior to November 25, 2012.
Employees shall make their full member contribution.
c) Second Level: Unit members hired on or after November 25, 2012 and on or before
December 31, 2012, and new employees hired as "Classic" members: The City provides
the 2% @ 55 retirement benefit formula with three-year average compensation
consideration for all unit members hired between November 25, 2012 and December 31,
2012,
Employees shall make their full member contribution upon hire, plus any
additional PERS contributions negotiated for Tier One employees.
d) PEPRA New Members: The California Public Employees' Pension Reform Act of 2013
(PEPRA) establishes a new retirement plan for employees hired on or after January 1,
2013. All employees hired on or after that date shall be subject to those provisions,
consistent with PEPRA.
CCFMA MOU I January 1, 2020—December 31, 2022 31 I f' ,, p e
ARTICLE 17: FRINGE BENEFITS
17.1 Uniform/Equipment Allowances. The City shall provide a standard $140.00 per month uniform
allowance.
17.2 Deferred Compensation. The City provides a deferred compensation plan for members of the
Association under which the City shall match the employee's contribution up to $55 per pay
period.
401 (a) contribution. The City will make available an additional retirement plan through ICMA
called a 401(a) to be funded through employee contributions. The 401a plan chosen by the
Association will allow members to choose their own individual fixed percentage ranging from 1-
20%. 100%of the bargaining unit must participate for the 401a to be initiated. Once an employee
makes their decision it cannot be changed.
17.3 Long Term Disability Income,Accidental Death and Dismemberment. All employees covered by
this Agreement shall be included in the City's long-term disability program providing partial
coverage for disabling injuries and illnesses non-industrial in nature (not covered by workers'
compensation), and including accidental death and dismemberment benefits.
17.4 Wellness Program. Employees covered by this Agreement shall be permitted to participate in a
Wellness Program intended to reduce job-related stress and improve general physical and mental
health. The Wellness Program shall consist of, but not be limited to, the periodic physical
examination provided for elsewhere, a life-style evaluation, and a personal diet and exercise
program. The exercise program shall be structured to allow the employee to choose the type of
activity, and to provide the City participation in the cost of the program on a 75/25 basis (75%for
the City and 25%for the employee), but the City's participation in the exercise program shall not
exceed $300 per year.
The City acknowledges the side letter agreement dated Nov 1, 2016 in regard to the Wellness
program.
17.5 Life Insurance. The City shall provide, through an insurer or on a self-insured basis, life
insurance for each employee covered by this Agreement in an amount twice the annual base
salary of each employee covered by this Agreement.
17.6 Additional Retirement Benefit. The City will pay and report the value of any employer paid
member contributions ("EPMC") to PERS as individual compensation for all employees covered
by this Agreement.The City shall contribute seven (7)percent of the EPMC for all classic members
of the CCFMA. Classic members of the CCFMA agree to a cost-sharing arrangement in which the
members in said group cost-share an additional twelve (12) percent towards the employer
cost/rate. These additional contributions shall be reported on a pre-tax basis.
17.7 PERS 1959 Survivor Benefit. The City shall maintain in effect the PERS 4th level 1959 survivor
benefit for all employees covered by this Agreement.
CCFMA MOU I January 1, 2020—December 31, 2022 32 I F a e
ARTICLE 18: AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues
either party has desired to have included in this Memorandum of Understanding. The parties recognize
that, in the give and take of bargaining, some items sought by the employer have not been agreed upon,
and some items sought by the employee association have not been agreed upon. This agreement
constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of
Understanding is all-inclusive and that no other agreements, undertakings or understandings have been
made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of
employment of the employees covered by this Agreement, with the exception of duly negotiated and
mutually agreed upon Letter(s) of Agreement. Except by mutual agreement, this Memorandum of
Understanding is not subject to reopening for any purpose. All of the agreements of the parties are
evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement
was reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has
had every opportunity during the course of these negotiations to bring up any new or additional topics it
desired to have considered as part of this Agreement, and, for the duration of this Agreement, no
additional topics shall be added thereto,except upon specific mutual agreement of the parties evidenced
in writing.
CCFMA MOU I January 1, 2020—December 31, 2022 33 I P a g e
DocuSign Envelope ID:978C19B9-76E5-48E9-ABA5-1 EB667F515B1
APPROVED BY THE CITY COUNCIL
Executed this 2.0/day of AA t Vk_- ,2020.
ATTEST:
Tracey Maez,City Clerk
CITY OF CATHEDRAL CITY CATHEDRAL CITY FIRE MANAGEMENT
ASSOCIATION
,—DocuSigned by:
PIL !L�� �
Charles P.McClendon,City Manager Craig Sanborn,President
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&pito' C...J LLL,_2_ 1104'
Eugeniorres,Human Resources Manager 3tetiNiffirite°
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Annh,1arie Quintanilla,Human Resources Specialist Ro BD er �"fl�Dis E5n461
,—DocuSigned by:
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McCanclish,Association Representative
CCFMA MOU I January 1,2020—December 31,2022 34 ' Page
CATHEDRAL CITY
CCFMA GRIEVANCE FORM
Instructions: To submit a formal grievance, employees must: complete all items in section PART I -GRIEVANCE
INFORMATION and then submit this form to the department head within the time outlined in the Cathedral City
Fire Management Association ("CCFMA") Memorandum of Understanding ("MOU"), Article 13 ("Grievance
Procedure").1 Employees are responsible for appealing each level of the grievance. Failure to follow the
MOU's grievance procedures may result in grievance forfeiture. Please note that failure to provide all
information re•uested below ma result in a •rievance-•rocessin• dela .
PART I - GRIEVANCE INFORMATION
Grievant's Name: Classification/Title:
Date Giving Rise to Grievance:
Date Employee Became Aware of Grievance:
Immediate Supervisor:
Location of Event Giving Rise to
Grievance:
Statement of Grievance(please provide details of the event causing the grievance -attach pages as needed):
1 Article 13 of the CCFMA MOU's grievance procedure(s) do not apply to disciplinary actions or to the appeal of
same.
Page 1 of 3
CITY OF CATHEDRAL CCFMA GRIEVANCE FORM
Provision of the CCFMA MOU Alleged to Have Been Violated:
Relief Sought by Grievant:
Potential Witnesses:
Have you discussed this ❑ Yes
grievance with your Immediate ❑ No Date and location
Supervisor? of discussion:
If no, please explain why:
If yes, what was your Immediate Supervisor's response?Attach any written response from the immediate
supervisor, or the immediate supervisor can include a response directly on this form.
Have you discussed this ❑ Yes
grievance with your Division ❑ No Date and location
Commander? of discussion:
If no, please explain why:
❑ I will represent OR ❑ My representative will be:
myself
Employee's Signature: Date:
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CITY OF CATHEDRAL CCFMA GRIEVANCE FORM
PART II —APPEALS PROCEDURE—CITY MANAGER
Name of City Manager:
SUBMIT TO THE HUMAN RESOURCES MANAGER FOR COORDINATION
Was this appeal submitted within ten (10)calendar days of the Department Head's ❑ Yes
decision? ❑ No
Does the Department Head concur with the summary of his/her decision provided by the ❑ Yes
Grievant? ❑ No
Date of Meeting with Grievant(if applicable):
Date of City Manager's Written Decision:
Summary of City Manager's Decision (attach full written decision to this form and provide a copy to the Grievant):
City Manager's Signature: Date:
IMPORTANT— PLEASE READ
NOTHING IN SECTION II SHOULD BE INTERPRETED AS LIMITING EMPLOYEE'S RIGHT TO FURTHER
ADMINISTRATIVE OR JUDICIAL PROCESSES OUTSIDE THE CITY'S INTERNAL PROCESS
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