HomeMy WebLinkAboutContract 1876 0-184,
Cathedral City
City of Cathedral City
MEMORANDUM OF
UNDERSTANDING
CATHEDRAL CITY PROFESSIONAL
FIREFIGHTERS ASSOCIATION
(CCPFA)
JANUARY 1, 2020 -DECEMBER 31, 2022
Contents
ARTICLE 1: SEVERABILITY 5
ARTICLE 1.1: MAINTENANCE OF MEMBERSHIP 6
ARTICLE 2:STRIKES AND/OR JOB ACTIONS 6
ARTICLE 3:TERM 6
ARTICLE 4:SALARY INCREASES 6
4.1 Salary Increase. 6
ARTICLE 5:WORK PERIOD AND WORK SCHEDULE 6
5.1 Work Period 6
5.2 Work Schedule 7
ARTICLE 6: GENERAL PROVISIONS 7
6.1 Equal Employment Opportunity 7
6.2 Safety and Health 7
6.3 Employee Activities 7
6.4 Inconsistent Employee Activities 7
6.5 Improper Use of City Equipment Prohibited. 8
6.6 Political Activity. 8
6.7 Criminal Conviction -Ineligibility for Employment 8
6.8 Smoking 9
6.9 Shift Trades. 9
6.10 Organized Mess. 10
ARTICLE 7: MANAGEMENT RIGHTS 10
7.1 Exclusive Control of Certain Aspects. 10
7.2 Not Subject to Grievance Procedure 11
ARTICLE 8:COMPENSATION 11
8.1 Salary Advancement-Full-time Employees. 11
8.2 Salary on Promotion. 11
8.3 Salary on Demotion. 12
8.4 Salary on Reinstatement. 12
8.5 Special Salary Adjustments 12
8.6 Overtime. 12
8.7 Payment of Overtime 12
8.8 Other Compensatory Time Off. 13
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8.9 Compensation for Temporary Assignment to Higher Classification. 13
8.10 Compensation for Layoff. 13
8.11 Compensation during Suspension. 14
8.12 Salary on Voluntary Demotion. 14
8.13 Bilingual Pay 14
8.14 Compensation for Vehicle Use. 14
8.15 Correcting Errors in Salary Rate and Other Provisions. 14
8.16 Paramedic Assignment Differential. 15
8.17 D.M.V. Instructor Differential. 15
ARTICLE 9: RECRUITMENT AND SELECTION 15
9.1 Physical Requirements 15
9.2 Separation 16
ARTICLE 10: PROBATION 16
10.1 Firefighting Employees. 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 of Promotion Probation. 17
10.7 Probation Following Layoff 17
10.8 Voluntary Probation. 17
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES 17
11.1 Purpose of Layoffs. 17
11.2 Abolishment of Position(s). 17
11.3 Notification of Layoff. 17
11.4 Order of Layoff 18
11.5 Layoff Appeal. 18
ARTICLE 12: CONDUCT AND DISCIPLINE 19
12.1 Standards of Conduct. 19
12.2 Improper Employee Conduct 19
12.3 Disciplinary Action. 20
12.4 Hearings, Appeals and Grievances. 22
ARTICLE 13:ATTENDANCE AND LEAVES 25
13.1 Attendance at Work;Absence without Leave. 25
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13.2 Hours of Work 25
13.3 Leave of Absence. 25
13.4 Military Duty. 26
13.5 Vacation Leave 26
13.6 Holiday Pay 27
13.7 Jury Duty. 28
13.8 Bereavement Leave. 28
13.9 Family Medical Leave 29
13.10 Sick Leave 29
13.11 Sick Leave; Limit on Accrual; Payoff. 29
13.12 Sick Leave Conversion 30
13.13 Effect of Absence on Sick Leave. 30
13.14 Family Illness Leave. 30
13.15 Unauthorized Leave. 30
13.16 Catastrophic Leave Donation. 30
ARTICLE 14: GRIEVANCE PROCEDURES 32
14.1 Matters Subject to Grievance Procedures 32
14.2 Informal Grievance Procedure. 32
14.3 Formal Grievance Procedure. Step 1 32
14.4 Appeal to the City Manager. Step 2 32
14.5 Extension of Time Limitations. 33
ARTICLE 15: EMPLOYEE REPORTS AND RECORDS 33
15.1 Personnel File. 33
15.2 Disclosure of Information. 33
ARTICLE 16: EDUCATIONAL INCENTIVE 33
16.1 Educational Incentives 33
16.2 Paramedic Recertification. 33
16.3 Certificate and Degree Incentive. 34
ARTICLE 17: HEALTH BENEFITS 34
17.1 Employee Health Benefits 34
17.2 Retirement Health Benefits 35
ARTICLE 18: FRINGE BENEFITS 39
18.1. Public Employees' Retirement System. 39
18.2 CaIPERS Member Contributions 39
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18.3 Uniform and Equipment Allowances 39
18.4 Deferred Compensation. 40
18.5 Short Term and Long Term Disability. 40
18.6 Training. 40
18.7 PERS 1959 Plan Survivor Benefits 40
18.8 Wellness Benefit. 40
ARTICLE 19: AGREEMENT ALL INCLUSIVE 40
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Memorandum of Understanding between the City of Cathedral City and the Cathedral City Professional
Firefighters Association, (CCPFA) Relating to Firefighting Employees. (January 1, 2020to December 31,
2022).
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Firefighters 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 sworn Firefighters, Firefighter/Paramedics and Fire Engineers of the City of Cathedral
Citybelow the rank of Captain.
B. The Cathedral City Professional Firefighters Association (hereinafter sometimes referred to as
"CCPFA"), and representatives of 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 CCPFA 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").
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.
Subject to the foregoing limitations, CCPFA and the City of Cathedral City agree as follows:
ARTICLE 1: 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
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.
CCPFA MOU I January 1, 2020—December 31, 2022 5 I P a g e
ARTICLE 1.1: MAINTENANCE OF MEMBERSHIP
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 CCPFA and deduct those authorized dues.
The employee's earnings must be sufficient after other legal and required deductions are made to cover
the amount of dues.When an employee is 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 the 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.
CCPFA 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: STRIKES AND/OR JOB ACTIONS
CCPFA, on behalf of all of its members, agrees that neither CCPFA, nor its representatives, nor members
of the CCPFA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind
during the term of this Agreement.
ARTICLE 3: 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 other purpose except by mutual agreement of the parties.
ARTICLE 4: SALARY INCREASES
4.1 Salary Increase. The City and CCPFA 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 following January 1, 2021
C. 2.5%effective following Januaryl, 2022
ARTICLE 5: WORK PERIOD AND WORK SCHEDULE
5.1 Work Period.The work period for firefighters,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.
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l
5.2 Work Schedule. The work schedule for firefighters shall be a "48/96" schedule under which
firefighters will work forty-eight (48) consecutive hours, followed by ninety-six (96) consecutive
hours off from work.
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, ethnic or national origin, age, sex, marital status,
handicap, sexual orientation, domestic partnership or political or religious opinion or affiliation,
ancestry, or any other protected classification established by federal or California law.
6.2 Safety and Health. Each employee shall comply with the City's workplace safety policies,
practices, 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 shall avoid consuming or using any alcohol or
intoxicating substances at least eight (8) hours prior to reporting to work and at any time
during the work day including lunch or dinner breaks; and employees shall not have in
their possession any alcohol or intoxicating substances, unlawful drugs or controlled
substances during work, unless the possession of such substance is in the course of their
duties. No employee shall be on duty while impaired.
6.2.2 Safety Equipment.Any safety equipment required by the City or by OSHA regulations shall
be provided and replaced by the City;an employee will be responsible for replacement of
equipment damaged through abuse.
6.3 Employee Activities. During the employee's workday, he/she is expected to devote his/her full
time in the performance of his/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/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/her ability
to perform the duties,functions or responsibilities of his/her position as a City employee, nor shall
he/she engage in any outside activity which will directly or indirectly contribute to the lessening
of his/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:
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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/her
City employment as a part of his/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/her regular City employment; or
c) Involves the performance of an act in other than his/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/she
is employed;or
d) Involves such time demands as would render performance of his/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/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 for personal use 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 Federal, State and local law requirements, no
restrictions shall be placed on the political activities of any officer or employee of the City of
Cathedral City. All employees shall comply in full with the provisions of Government Code
sections 3200-3209 regarding political activity.
6.7 Criminal Conviction -Ineligibility for Employment. Except as otherwise hereinafter provided, no
person convicted of a felony, or of a misdemeanor involving moral turpitude, shall be eligible for
employment in the service of the City; provided, however, that the City Manager may disregard
such conviction, if he/she finds and determines that mitigating circumstances exist, such as, but
not limited to,evidence of rehabilitation, length of time elapsed since such conviction,the age of
the person at the time of conviction, or the fact that the employee's work would be totally
unaffected by the conviction.
The City Manager and his/her authorized designees are hereby authorized to have access to the
"State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code
of the State of California, in order to enable the City Manager to fulfill his/her duties in the
employment, supervision and termination of City employees.
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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.
6.9 Shift Trades. City and employees of CCPFA 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 CCPFA 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 public
agency,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
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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.
6.10 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 provision.
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 to act unilaterally and without the obligation to meet and confer,
subject to impact bargaining, and expressly and exclusively retains its management rights, which
include, but are not limited to:
a. the exclusive right to determine the mission of its constituent departments, commissions,
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;
i. determine to create or abolish job classifications and to determine the content and intent of
job classifications, subject to impact bargaining;
j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or technology to be
used;
I. 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;
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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.
ARTICLE 8: COMPENSATION
8.1 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 the date of the last merit increase, whichever is most recent,
for continued overall satisfactory service.
b) 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 Human
Resources Manager. When an employee is denied an increase, specific recommendations
shall be provided to assist the employee to attain an overall satisfactory level of performance.
Periodic (at least quarterly) performance evaluations, shall be provided until an overall
satisfactory performance is attained.
c) Advancement to merit steps6, 7 and 8may occur after two (2) years of overall 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/ her position.
d) For employees hired prior to January 7, 2015, a longevity increase of 7.5% of base pay shall
occur after fifteen (15)years of service to the City, 5%after twenty(20)years of service, and
2.5%after twenty-five (25)years of service. Employees hired on or after January 7, 2015 are
not eligible for the longevity provisions described in this section.
8.2 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 increase
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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
interests, upon written recommendation of the department head, the City Manager may
authorize payment of salary at a higher merit increase step in the salary range.
8.3 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.
8.4 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.
8.5 Special Salary Adjustments. A department head may recommend in writing to raising an
employee's salary step to a higher merit 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 not change.
8.6 Overtime.A department head may require an employee to work beyond the employee's regular
hours of employment.As a 24-hour 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. If an employee works in excess of 192 hours during the 24-day work
cycle, such employee shall be paid the overtime rate of pay.
For the purpose of calculating overtime pay, all hours are to be considered "hours worked" with
the exception of sick leave, banked holiday hours and floating holiday hours, for hours in excess
of a regular schedule.
8.7 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
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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 8.6.
8.8 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.
8.9 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 a 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.
Compensation for temporary assignment to a higher classification does not extend cash outs.
8.10 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.
Accrued sick leave shall be restored to an employee if the employee is reemployed within one(1)
year. Should an employee be reemployed 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.
Employees who have attained regular status at the time of layoff and who are reemployed within
a period of one(1)year shall retain their assigned merit review dates. Regular employees who are
reemployed after a period of one (1)year will be assigned a new merit review date.
CCPFA MOU I January 1, 2020—December 31, 2022 13 I P a g e
For employees hired on or after November 25, 2012, in lieu of the ability to convert sick leave to
vacation leave, the City shall provide severance pay equivalent to one (1) week base salary for
every one (1) year of service with the City up to a maximum of twelve (12) weeks of severance
pay. No severance will be paid to those employees offered employment resulting from
government reorganization. For example, should the City choose to participate in a Fire District,
Joint Powers Authority, or offer services by any other means whereby the City facilitates the
continued employment of existing employees, no severance will be paid.
8.11 Compensation during Suspension.An employee who is suspended with pay under the disciplinary
procedures of Article 12shall be paid that salary the employee was entitled to prior to the
suspension. An employee who is suspended without pay under the disciplinary procedures of
Article 12 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 nine (9) shifts, except that health and life insurance benefits will be
maintained.
8.12 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.
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.
8.13 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. The basis for qualifying for such bonus compensation and the procedures
for the granting of the same shall be in accordance with administrative regulations. 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.
8.14 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.
8.15 Correcting Errors in Salary Rate and Other Provisions. Should an employee be advanced to a
higher step in the salary range for his/her class than that for which he/she was recommended, or
receive additional salary than that authorized, or accrue leaves or receive other benefits through
CCPFA MOU I January 1, 2020—December 31, 2022 14 I P a g e
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/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 subject to the approval of the City Manager. Should
the employee terminate before full reimbursement to the City has been made the money
required to complete reimbursement shall be deducted from his/her last paycheck, if authorized
by law. However, the City shall not collect for any period earlier than an overpayment for the
preceding twelve (12) months from discovery. Other salary overpayments shall be reimbursable
under the procedures and guidelines set forth in this Section.
8.16 Paramedic Assignment Differential. Any engineer who is fully qualified and licensed as a
paramedic shall be paid 5%of the applicable engineer pay range to which the employee is entitled
when actually assigned to serve as a paramedic.
8.17 D.M.V. Instructor Differential. firefighter, firefighter/paramedic or engineer who is certified by
the California Department of Motor Vehicles to provide class A and/or B driver's license
instruction and is directed to provide such instruction to other City employees shall receive a five
percent (5%) stipend during the period of time he or she is assigned to provide such instruction.
ARTICLE 9: RECRUITMENT AND SELECTION
9.1 Physical Requirements. The City Manager may require that all applicants and employees be in
such physical and mental condition as reasonably necessary to perform the essential duties of
their job,with or without reasonable accommodation,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/she cannot physically or mentally perform all the essential
duties of the job adequately or without creating unreasonable risk of injury to himself/herself or
others with or without reasonable accommodation. 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 or mentally disabled employees in such positions as are available in the City
service for which they are qualified to perform the essential functions,with or without reasonable
accommodation,and will not create unreasonable risk to the health and safety of themselves and
others.
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9.2 Separation. An employee in the classified service may be separated from employment with the
City through retirement, mental or physical inability to perform the duties of the job, resignation,
probationary failure, death, dismissal or layoff. An employee wishing 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. 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.
ARTICLE 10: PROBATION
10.1 Firefighting Employees. The first eighteen (18) months or 4200working hours, whichever is
greater, after a classified service full-time employee has been appointed shall be a probationary
period. For Fire Engineer, an employee serves a probationary period of one (1) year or 2400
working hours, whichever is greater.
10.2 Probation on Promotion or Reinstatement. Except as otherwise provided, on accepting a
reinstatement or an appointment to a different classification, an employee serves a new
probationary period -based on provisions of Article 10.1 for his/her job classification. Promotions
or 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. Individuals employed under City public employment programs,
specially funded programs or contracts shall be subject to the probationary provisions of these
Rules should they be appointed to a position in the classified service. A probationary employee
may be released at any time at the discretion of the City.
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 dismissal of the employee. A probationary employee
may be dismissed at any time without cause and without the right of appeal or grievance unless
CCPFA MOU I January 1, 2020—December 31, 2022 16 IP a
otherwise required by law. Notification of dismissal shall be in writing and shall be given to the
probationary employee prior to the dismissal unless otherwise required by law.
10.6 Unsuccessful Reinstatement of Promotion Probation. If an employee's performance following
reinstatement or promotion 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 dismissal of the employee under the provisions of Section 11. In
cases including unsuccessful probation, the employee shall be returned to his/her prior position
provided the position is vacant. If no vacancy exists in the employee's prior position, the
employee will be returned to the first available vacant position for which he/she is qualified.
10.7 Probation Following Layoff. Employees laid off while on probation must serve a new probationary
period following reemployment. (See Article 10.2.)
10.8 Voluntary Probation. By mutual written agreement between the City and the employee,
approved by CCPFA in writing, a new or additional probationary period may be established for
any employee. Such agreement shall not be effective without CCPFA approval.
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES
11.1 Purpose of 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 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 a
position abolishment. Such list shall be forwarded to the appropriate department head. The
department head shall prepare a list establishing the order of employee layoffs within a
classification.
11.3 Notification of Layoff. When a layoff is to occur, the City will notify the employee and the
designated bargaining unit representative at least thirty (30) 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 a reduction of the City's labor costs.
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) days following
notice.
CCPFA MOU I January 1, 2020—December 31, 2022 17 I P a g e
11.4 Order of Layoff.
11.4.1 Temporary, interim and probationary employees within the unit shall be laid off prior to
the layoff of any regular employee within the unit.
11.4.2 There shall be "bumping rights" within the CCFMA and CCPFA membership such that an
individual in a higher ranking position, if meeting bona fide occupational qualifications
(BFOQ) for that class, may "bump" into a lower rank if layoffs occur, per seniority order
on the reemployment list. The individual must have held a position in the lower rank
within the Cathedral City Fire Department. If any member is bumped into a lower position
and had not completed probation, then that member must complete probation for that
rank; however, the employee is still considered a regular/permanent employee for the
purposes of bumping rights. (For example,a Firefighter/Paramedic promotes to Engineer
and completes three months of the 12-month probation. He is then promoted to Fire
Captain, but subsequently bumps back to Engineer as a result of layoff. That employee
would need to complete the remaining nine months of probation for Engineer.)
11.4.3 For those members of the Association who are laid off,the City shall be obliged to return
them to the classification from which they were laid off, per seniority order on the
reemployment list, if an opening in that classification should occur within one (1) year of
the effective date of the layoff. Any reinstated employee shall serve an initial
probationary period as specified in Section 10.2. At the discretion of the Fire Chief and
subject to analysis of a satisfactory performance review, a reinstated employee may be
placed in the salary schedule they would have received if they were never laid off.
11.4.4 Seniority in a member's "bumped" class shall consist of time in rank from their previous
class, plus time in class from their last previously held classification. (Example: five (5)
years as an Engineer plus five (5) years as Captain equals ten (10) years of seniority
brought to the "bumped" class.) The member"bumping" back must meet the BFOQ for
the class into which he/she is bumping.
11.4.5 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 to which
he/she is bumping.
11.5 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) City Hall business days after receipt
of a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five
(5) City Hall business 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
CCPFA MOU I January 1, 2020—December 31, 2022 18 I P a g e
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.
The City Manager's decision shall be final.
ARTICLE 12: CONDUCT AND DISCIPLINE
12.1 Standards of Conduct. It is expected that all City employees shall render the best possible service
and reflect credit on the City, and therefore high standards of conduct are essential.
12.2 Improper Employee Conduct. Improper conduct may be caused for disciplinary action up to and
including termination of employment. The term "improper conduct" means not only any
improper action by an employee in the employee's official capacity, but also conduct by an
employee not connected with the employee's official duties that affects the employee's ability to
perform official duties, and any improper use of the position as an employee for personal
advantage. In addition, improper conduct includes, but is not limited to, the following:
12.2.1 Violation of any Federal,State,or local law directly impacting the employee's fitness for
employment.
12.2.2 Using, possessing, dealing, distributing, or being under the influence of alcohol or
intoxicating substances„ prescribed medication which impairs the employee's ability to
perform his/her work, unprescribed medication, narcotics or unlawful drugs, or
controlled substances while on duty or at work locations, or reporting to work or
operating City vehicles, equipment or performing his/her duties under the influence of
alcohol or intoxicating substances, any unlawful or unprescribed drug or controlled
substance.
12.2.3 Unauthorized sleeping while on duty.
12.2.4 Disorderly conduct: fighting,threatening,attempting to inflict bodily injury on another;
engaging in dangerous horseplay.
12.2.5 Failure or refusal to comply with a lawful order or to accept a reasonable and proper
assignment from an authorized supervisor or City management official.
12.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of duties.
12.2.7 Sexual harassment or other unlawful harassment of another employee.
12.2.8 Chronic or excessive absenteeism or inconsistent attendance.
12.2.9 Rude or discourteous treatment of other employees or the public.
12.2.10 Dishonesty.
12.2.11 Political activity in violation of the law.
12.2.12 Gambling or promotion of gambling on City premises or while on duty.
12.2.13 Endangering the safety or causing injury to any employee including himself/herself or
the public.
12.2.14 Unauthorized disclosure of confidential information as defined by law or by written
directive of the City or respective department.
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12.2.15 Using the position for financial gain; using the position to solicit work for private
business or personal acquaintance or solicitation of work for private business or
personal acquaintance while on duty or in uniform.
12.2.16 Failure to perform duties; insubordination.
12.2.17 Inattention to duty, tardiness, carelessness or negligence in the care and handling of
City property.
12.2.18 Loss or misuse of City funds.
12.2.19 Covering up or attempting to conceal defective work, removing or destroying same
without permission.
12.2.20 Improper or unauthorized use of City vehicles or equipment or misappropriation of
supplies.
12.2.21 Damage to public property or waste of public supplies through misconduct or
negligence.
12.2.22 Misuse of sick leave, including using sick leave under false pretenses.
12.2.23 Furnishing false information to secure appointment, or falsification of time cards or
other records and reports.
12.2.24 Absence from duty without authorized leave, failure to report after leave of absence
has expired or after such leave of absence has been disapproved, revoked,or canceled.
12.2.25 Violation of the provisions of these rules and regulations, departmental rules and
policies,or any written policies that may be prescribed by the City.
12.2.26 Acceptance by an employee of any bribe,gratuity, kickback,or other item of value when
such is given by or on behalf of a donor with a motivation of receiving preferential
treatment.
12.2.27 Outside work that creates a conflict of interest with City work, or detracts from the
efficiency of the employee in the effective performance of City functions.
12.2.28 Failure to obtain or maintain necessary qualification, certificate, or license, which is
required as a condition of employment.
12.2.29 Possession of an unsafe driving record for those employees required to operate City
vehicles.
12.2.30 Conduct which discredits the City or City personnel.
12.2.31 Or other just cause.
12.3 Disciplinary Action. The purpose of disciplinary action is to correct deficiencies in employee
performance,to seek improvement to meet appropriate standards,and/or to correct for violation
of City policies. The disciplinary process outlined below has been established to provide general
guidelines for a fair method for disciplining employees.
Discipline may be initiated for various reasons, including, but not limited to,violations of City work
rules, insubordination or poor job performance. The severity of the action depends on the nature
of the offense and an employee's record, and may range from verbal counseling to immediate
dismissal.
12.3.1 The normal progressive discipline procedure consists of:
CCPFA MOU I January 1, 2020—December 31, 2022 20 I F'
12.3.1.1 Verbal Counseling: An opportunity to communicate in a non-disciplinary
fashion that a problem is perceived and that the supervisor is available to
help solve it. (Not appealable)
12.3.1.2 Verbal Reprimand: To communicate to the employee that a repeat action
may result in more serious disciplinary action. A written record of a verbal
reprimand is not considered a written reprimand. (Not appealable)
12.3.1.3 Written Reprimand: A written communication to the employee that the
same or related offense has been committed. A copy of this warning is
given to the employee and one copy is filed in the employee's personnel
file. Employee may submit a written response within thirty (30) calendar
days per the Firefighters Procedural Bill of Rights. The employee's response
will be attached to the written reprimand
12.3.1.4 Suspension:Temporary removal of an employee from his/her duties without
pay for cause. Employees may be suspended on the spot by their immediate
supervisor when there is a clear threat to the safety of other employees or
the public. (Managers must notify the Human Resources Manager when
instituting an on-the-spot suspension as soon as it is practical.)
12.3.1.5 Demotion:This step involves either the reduction in pay step or reduction in
class.
12.3.1.6 Dismissal:The final step in the disciplinary process.
12.3.2 Although one or more of these steps may be taken in connection with a particular
employee, no formal order or system is necessary. The City reserves the right to deviate
from this policy when it feels that circumstances are so severe that such a deviation is
warranted. The City Manager or designee is vested with the authority to determine the
appropriate course of action.
12.3.3 Further steps in the discipline process involving suspension,demotion or dismissal should
not be taken without consulting the department head and the Human Resources
Manager.
12.3.4 Those employees covered by the Firefighters Procedural Bill of Rights will be treated
accordingly.
12.3.5 Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals Procedures
specified in Section 12.4.2,the City may:
12.3.5.1 Impose a suspension without pay upon an employee when, in his/her
judgment, such action will best serve the interests of the City. Such suspension
shall, however, not exceed a period of thirty (30) working days except that if
the suspension is imposed because of an employee's trial by a court of law,the
suspension may extend to such time as that court has rendered its decision.
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12.3.5.1.1 Brief Suspension without Pay. When, in the opinion of the
department head, circumstances warrant, a suspension of thirty-
six (36) working hours or less may be imposed informally, without
complying with the formal procedures commonly referred to as
"Skelly Procedures." Prior to the imposition of such discipline, the
department head shall explain appropriate department standards
and policies, employee performance expected in the future, and
consequences for failure to correct performance or behavior. A
written record of the discipline, including a full, accurate and
factual statement of the reason therefore, shall be sent to the
Human Resources Manager to be placed in the employee's
personnel folder.Within thirty(30)calendar days after the date the
discipline is imposed, the employee may respond in writing and
have such response placed in the employee's personnel folder. The
employee may appeal the suspension to the City Manager or
designee within ten (10) City Hall business days of the notice of
suspension. The City Manager will render a decision within thirty
(30) calendar days and said decision shall be final.
12.3.5.1.2 Longer Suspension without Pay. When the employee's conduct has
been continuous or repeated, and lesser penalties are inadequate
or have proved ineffective, the department head may impose
suspension without pay in excess of thirty-six (36) hours. Such
longer term suspension shall occur only after the notice procedures
specified in Section 12.3.5.1.1 and shall be subject to appeal in
accordance with Section 12.4.2.
12.3.5.2 Demote a regular employee to a position in a lower class with an appropriate
reduction in pay or a reduction in pay step, for reasons including, but not
limited to, unsatisfactory performance.
12.3.5.3 Dismiss for cause any regular employee.
12.3.5.4 Only discipline involving suspension, demotion, or dismissal is subject to an
appeal (except those employees covered by the Public Safety Officers
Procedural Bill of Rights).
12.4 Hearings,Appeals and Grievances.
12.4.1 Pre-Discipline Meeting Procedures.
12.4.1.1 Prior to undertaking any of the personnel actions set forth in Section12.3 at or
greater than the level of reprimand, the department head, or designee shall
first provide the employee with a written specification of reasons for the
proposed action and all documents relied on to support the action being taken.
CCPFA MOU I January 1, 2020—December 31, 2022 22 I F' .
The statement shall either be delivered personally to the employee or sent by
Certified Mail, Return Receipt Requested, and shall notify the employee of
his/her right to request a meeting with the department head. The employee
may, accordingly, request a meeting to determine if there is cause for the
proposed personnel action. A request for a meeting must be in writing and
must be delivered to the department head on or before five (5) City Hall
business days after the employee's receipt of notice of intended action.
12.4.1.2 Upon receipt of the Request for Meeting,the department head shall notify the
employee of the time and place for a meeting to be held not later than ten (10)
working days after receipt of the request therefore. The employee shall be
entitled to be present at such meeting together with an attorney and/or
designated representative.The meeting is to be conducted by the department
head or designee and shall provide the employee with the opportunity to
refute, explain, or otherwise address the proposed statement of charges. All
decisions of the department head or designee shall be rendered within ten (10)
working days after conclusion of the meeting, and shall be final unless timely
appealed by the employee as provided in the section entitled, "Appeals
Procedures."
12.4.2 Appeals Procedures.
12.4.2.1 Any regular employee subjected to any disciplinary action set forth herein
(suspension, demotion, or dismissal) may appeal any decision of the
department head or designee by filing a written Notice of Appeal with the City
Manager or designee within five (5) working days after his/her receipt of the
decision. The employee's appeal shall be heard by an impartial hearing officer
selected in a manner mutually agreeable to the City Manager and the
employee;if no agreement is reached the hearing officer shall be selected from
a list of advisory arbitrators from the California State Mediation Conciliation
Service or from a list agreed to between the City Manager and the employee.
The hearing officer shall be selected from such a list of an odd number of names
by alternate striking until only one name appears.
12.4.2.2 The employee may be represented by his/her Association/Union
representative, any other regular employee of the City, or his/her attorney.
12.4.2.3 The Hearing Officer shall issue subpoenas to compel the attendance of
witnesses, if such be necessary at the request of either party.
12.4.2.4 The hearing shall be recorded by a certified shorthand reporter. Expenses for
such recording services shall be borne equally by the City and theAssociation
when the Association supports the merits of the cause in writing; provided,
however, that each party shall be responsible for any specialized or
extraordinary services they might individually request.
CCPFA MOU I January 1, 2020—December 31, 2022 23
12.4.2.5 The expenses for the hearing officer shall be borne equally by the City and
theAssociation when the Association supports the merits of the cause in
writing, and each party shall be responsible for expenses they incur.
12.4.2.6 After the close of the hearing the Hearing Officer shall prepare written findings
of fact and conclusions of law based on the evidence presented at the hearing,
and shall present his/her findings to the City Manager and the employee within
thirty (30) calendar days. In rendering a recommendation, the Hearing Officer
shall be limited to the express terms of this document and shall not have the
power to modify, amend, or delete any terms or provisions of this document.
Failure of either party to insist upon compliance with any provision of this
document at any given time or times under any given set or sets of
circumstances shall not operate to waive or modify such provision, or in any
manner whatsoever to render it unenforceable, as to any other time or times
or as to any other occurrence or occurrences, whether the circumstances are,
or are not,the same.
12.4.2.7 At the hearing, both the appealing employee and the City shall have the right
to be heard and to present evidence.
12.4.2.8 Oral evidence shall be taken only on oath or affirmation.
12.4.2.9 Each party shall have the right to call and examine witnesses, to introduce
exhibits, to cross-examine opposing witnesses on any matter relevant to the
issue even though the matter was not covered in the direct examination, to
impeach any witness regardless of which party first called him/her to testify,
and to rebut the evidence against him/her. If the respondent does not testify
in his/her own behalf, he/she may be called and examined as if under cross-
examination.
12.4.2.10 The hearing need not be conducted according to technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort
of evidence on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any common law or
statutory rules that might make improper the admission of such evidence over
objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence. The rules of privilege shall be
effective to the same extent that they are now or hereafter may be recognized
in civil actions, and irrelevant and unduly repetitious evidence shall be
excluded.
12.4.2.11 The City Manager or designee may, if he/she deems appropriate, review the
Hearing Officer's recommendation but shall not be bound thereby. If the City
Manager makes a decision not to follow the Hearing Officer's recommendation,
the City Manager shall notify the employee in writing of that decision, and the
employee shall have the right to schedule a meeting with the City Manager to
persuade the City Manager to follow the Hearing Officer's recommendations.
The employee must submit a written request to meet with the City Manager
within five(5)working days of receipt of the Hearing Officer's recommendation.
The City Manager shall render a decision in writing within ten (10)working days
of the meeting or ten (10) working days of the opportunity to meet. The City
CCPFA MOU I January 1, 2020—December 31, 2022 24 ' Page
Manager's decision shall be final and binding, subject only to review by the
courts under the procedures set forth in Code of Civil Procedure Section 1094.5
(writ of mandate), subject to the 90-day limit for filing such petitions pursuant
to section 1094.6 of Civil Code.
If any provision of Sections 12.4.1 and 12.4.2 are inconsistent with the employee rights set forth
in the Firefighter Procedural Bill of Rights, the rights set forth in the Firefighter Procedural Bill of
Right shall prevail.
ARTICLE 13: ATTENDANCE AND LEAVES
13.1 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/her designee in the form and on the dates they shall specify.
Failure on the part of an employee, who is absent without leave, to return to duty within forty-
eight (48) hours after a due notice to return to work has been delivered shall be cause for
immediate dismissal. A certified letter delivered by the U.S. mail to the employee's last known
address shall be reasonable notice.
13.2 Hours of Work. Daily hours of work (or shifts) for employees within the department shall be
assigned by the department head 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 be cleared in advance through the department head, and such
absences shall be noted on the employee's time sheet.
13.3 Leave of Absence.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 15 consecutive work days. Any employee on an approved leave of
absence shall receive no vacation and no sick leave after fifteen (15) consecutive work days. City
CCPFA MOU I January 1, 2020—December 31, 2022 25 I P a g e
contributions to retirement, health 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 merit review date 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, health 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.
Any employee who separates from employment for reasons other than layoff may request
reinstatement within one (1)year of separation and be entitled to consideration for any position
for which he or she is qualified. Consideration does not assure reemployment for any particular
vacancy, but does assure eligibility for consideration. Any reinstated employee shall serve an
initial probationary period as specified in Section 10.2.
13.4 Military Duty. Military leave of absence shall be granted in accordance with the provisions of
State and Federal law and resulting administrative provisions.
13.5 Vacation Leave. Fire Department Vacation Policy has been developed and agreed to by CCFMA,
CCPFA and Fire Department Administration as part of the Fire Department Policy Manual and is
attached for reference (effective 04.16.07).
13.5.1 Vacations. All employees shall accrue vacation credits according to the following
schedule:
Hrs/Pay Period Hrs/Year
Less than 2 years employment 5.54 144
2 years up to 6 years 6.92 180
6 years up to 10 years 8.31 216
10 years or more 9.69 252
13.5.2 Vacation Accumulation. Employees are encouraged to use their accrued vacation time
annually. 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 in excess of the two year
accrual maximum,and is not carried by approval, will be cashed out in November of each
year.
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Upon a four(4)week prior written request,one(1)time per calendar year,each employee
may receive pay for all of the employee's accrued, but unused vacation time; provided,
however, that a minimum of at least once per calendar year, forty-eight (48) hours of
vacation time is taken off in a block which guarantees a minimum of one work week off.
Such time may be used in conjunction with holidays.
For the purpose of this Section one day of vacation equals twenty-four(24) hours.
13.5.3 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 Human Resources
Manager.
13.5.4 Vacation Credits When Employment Terminates. Upon termination of employment, an
employee shall be paid for unused vacation credits.
13.5.5 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
exceed one (1) month, in which case the time of said absence (unless such absence is for
vacation being used) shall be excluded from computation.
13.5.6 Additional Vacation Days. In addition to the annual vacation sign-up procedure, any
employee covered by this Agreement may request at any time, upon 72 hours' notice,
additional days off for vacation leave. Employees may request days which are otherwise
available and shall be responsible for obtaining a qualified replacement based on current
department policy.
13.6 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
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b. Holiday Bank—The City recognizes the following Holidays:
a) January 1 (New Year'sDay)
b) Third Monday in January(Martin Luther King,Jr. Day)
c) Third Monday in February(Washington'sBirthday)
d) February 12 (Lincoln'sBirthday)
e) Last Monday in May(MemorialDay)
f) July 4 (IndependenceDay)
g) First Monday in September(LaborDay)
h) November 11 (VeteransDay)
i) Fourth Thursday in November(ThanksgivingDay)
j) Friday following ThanksgivingDay
k) December 25 (ChristmasDay)
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.
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
13.7 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.
13.8 Bereavement Leave. Bereavement leave with pay, not to exceed seventy-two (72) hours per
calendar year shall be granted. Leave shall be based on demonstrated need and shall be limited
to death within the immediate family. All hours for additional bereavement shall be deducted
from sick leave, if any, on the basis of 12 hours per 24-hour shift. Subsequent business related
issues shall be deducted from vacation or time off without pay. The immediate family is defined
as the employee's mother, father, brother, sister, spouse/registered domestic partner, children,
step parents,step children,grandparents,and legal guardians, or any in-law bearing one of those
CCPFA MOU I January 1, 2020—December 31, 2022 28 I P a g e
relationships to the employee's spouse or registered domestic partner. The employee may be
asked to provide validation of the family relationship.
13.9 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.
13.10 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical
incapacity of the employee due to non-work related illness or non-work related injury, or for
physical examinations, including eyes, dentist appointments or other commonly accepted health
related matters.
All regular full-time employees shall be credited with 7.38 hours per pay period or major fraction
thereof. 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 (release to return to
work) 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.
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 the purpose of this Section one day of sick leave equals twenty-four(24) hours.
13.11 Sick Leave; Limit on Accrual; Payoff.
a) Employees hired prior to November 25, 2012: 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; further accumulation
shall not be allowed. 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
shall receive a payment in cash of 25%of unused sick leave when they resign or retire.
Employees with continuous employment over nine (9) years shall receive in cash 50%of the
unused sick leave when they resign or retire.This compensation shall be at straight time 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 at base salary rate.
b) Employees hired on or after November 25, 2012: Any unused portion of accumulated sick
leave shall remain in the employee's sick leave bank without limit and without the ability to
CCPFA MOU I January 1, 2020—December 31, 2022 29 I P a g e
cash out or otherwise convert to vacation or other leave bank(s). All accrued and unused sick
leave may be converted to CaIPERS service credit upon retirement.
13.12 Sick Leave Conversion.Tier 1 employees with at least three(3)years of employment with the City
may at their option convert accrued sick leave in excess of one hundred eighty (180) hours (one
hundred twenty(120) hours for employees assigned to a 40 hour work week)to be vacation hours
in accordance with the following schedule:
Employees with more than three(3)years but Four(4) hours of sick leave to one(1) hour of
less than seven (7) years of employment with vacation
the City
Employees with more than seven (7) years of Two (2) hours of sick leave to one (1) hour of
employment with the City vacation
13.13 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 that month or more, shall be excluded from computation.
13.14 Family Illness Leave. If any employee requests leave 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 unused 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, registered domestic partner, children, step parents, step
children, grandparents, in laws and legal guardians. 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 FM LA and CFRA.
13.15 Unauthorized Leave. Any employee who is absent from work without approved leave shall be
subject to discipline, or may be deemed to have automatically resigned if the absence is for two
(2)or more consecutive scheduled work shifts.
13.16 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:
13.16.1 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.
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13.16.2 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.
13.16.3 Leave Donation Eligibility Procedures.
13.16.3.1 The employee seeking leave donation must have exhausted all available
leave, sick leave,vacation leave and compensatory leave.
13.16.3.2 The employee must submit a request for leave donation to the Personnel
Department for review and approval of the Assistant City Manager and the
City Manager. The employee will be required to provide medical
documentation for the need of this leave donation.
13.16.4 Leave Donation Procedure.
13.16.4.1 The donation of leave is voluntary and is irrevocable once donated.
13.16.4.2 Employees wishing to donate leave will submit to the Personnel
Department an authorization for transfer of leave form.
13.16.4.3 Employees may donate accrued sick leave in excess of 144 hours with a
maximum donation of twelve (12) hours of sick leave.
13.16.4.4 Employee may donate a maximum of 24 hours of vacation leave.
13.16.4.5 The donated leave will be put in to 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.
13.16.4.6 Donated leave will be credited to the "Catastrophic Leave" account on an
hour-for-hour basis (i.e., 10 hours donated becomes 10 hours of sick leave
at the receiving employee's rate of pay). In no case shall the total amount
of donated leave exceed twelve (12) hours of sick leave and twenty-four
(24) hours vacation leave per donor.
13.16.4.7 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. Human
Resources will provide a quarterly report to CCPFA with number of hours in
the bank.
13.16.4.8 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.
13.16.4.9 All donations will be maintained as confidential information.
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ARTICLE 14: GRIEVANCE PROCEDURES
14.1 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.
Any such complaint may be reviewed in accordance with this Article.
14.2 Informal Grievance Procedure. The employee shall initiate the grievance process by an informal
meeting and discussion with his or her supervisor. 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.
14.3 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.
14.4 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 within
ten (10) calendar days with the City Manager and the employee and/or the employee's
representative to discuss the grievance. 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 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.
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14.5 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.
ARTICLE 15: EMPLOYEE REPORTS AND RECORDS
15.1 Personnel File.The Human Resources Manager shall maintain 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.
15.2 Disclosure of Information. No information shall be disclosed from the personnel file of an
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. An
employee may request or authorize the disclosure of other information from his or her file by
written authorization. Nothing herein shall preclude the use of any information in an employee's
personnel file in any phase of a disciplinary or probationary action.The City shall not be prevented
from releasing other information under subpoena nor under the Public Records Act when a proper
request therefore is submitted, if the City Attorney advises that the requested information must
be released.
ARTICLE 16: EDUCATIONAL INCENTIVE
16.1 Educational Incentives. The City shall adopt procedures under which an employee shall qualify
for educational assistance in an amount not to exceed $500 in any one (1) fiscal year;
reimbursement shall be based upon the City reimbursing to the employee 50% of reasonably
incurred costs of education, including tuition, fees, and books. However, for any employee
pursuing an AA or BA degree in fire science, reimbursement shall be at the rate of 80% up to a
maximum of $800 in any one (1) fiscal year. The procedures to be adopted shall not require
advance approval by the City of any specific undergraduate course. Education covered by this
provision must be in a licensed public or private school or college, or a recognized training
program leading to job or professional certification (except for paramedic recertification), and
shall include both academic and professional certification programs. Reimbursement shall be
made only for pursuit of one (1) degree. Post-graduate programs (Master's degree programs or
higher) are not covered without a determination that the program has some reasonable
relationship to the job performed by the employee, or to preparation for a promotional
opportunity within the City's employment. No reimbursement shall be made for education
beyond a Master's degree. 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 City Manager or designee approval.
16.2 Paramedic Recertification. Upon presentation to the Fire Chief or designee of a paramedic
certification,the City shall pay to the employee an amount of$2300.00 as full reimbursement for
CCPFA MOU I January 1, 2020—December 31, 2022 33 I P a g e
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. This
benefit applies once every two(2) years.
16.3 Certificate and Degree Incentive. Any unit member receiving a Firefighter II or Fire Officer
Certificate from the State of California will be provided with a Certificate Pay differential for each
separate Certificate held equal to five percent (5%) of base salary.
Unit members who possess a California Community College Associate Degree, an equivalent
AS/AA degree or a Bachelor's Degree (BA/BS) from an accredited post-secondary institution
whereas the degree is appropriate to the Fire Service and/or Public Administration and have
completed at least two (2) of the courses required for a Company Officer certification shall be
compensated five percent (5%) of base salary.
ARTICLE 17: HEALTH BENEFITS
17.1 Employee Health Benefits
17.1.1 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.
17.1.2 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.
The minimum employer contribution amount for the 2020 calendar year is $139.00.
The minimum employer contribution amount for the 2021 calendar year will be the
amount established by CaIPERS.
17.1.3 Cafeteria Plan. The City shall offer a cafeteria plan for medical, dental,vision, and short-
term disability.
17.1.4 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
CCPFA MOU I January 1, 2020—December 31, 2022 34 IP <; e
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
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.
17.1.5 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.
17.2 Retirement Health Benefits
17.2.1 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.
17.2.2 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:
CCPFA MOU I January 1, 2020—December 31, 2022 35 I F t_
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 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.
CCPFA MOU I January 1, 2020—December 31, 2022 36 I P a g e
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.
17.2.3 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:
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
CCPFA MOU I January 1, 2020—December 31, 2022 37
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
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.
17.2.4 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
CCPFA MOU I January 1, 2020—December 31, 2022 38
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.
ARTICLE 18: FRINGE BENEFITS
18.1. 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 Employees: 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.
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 as new PERS members between November 25, 2012 and December 31,2012;
or as "classic" employees from November 25, 2012 forward or until changed by law. (Classic
— those employees meeting eligibility criteria set forth by AB 340 to "transfer" PERS
membership from one PERS entity to another PERS entity.)
d) PEPRA NEW: 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 the provisions of PEPRA.
18.2 CaIPERS Member Contributions. Commencing January 6, 2013,all members of the Cathedral City
Professional Firefighters Association shall pay their full CaIPERS member contribution, plus any
additional PERS contribution as may be negotiated.
18.3 Uniform and Equipment Allowances. Employees covered by this agreement shall receive one
hundred and forty dollars ($140) per month.
If the department requires an additional uniform, i.e.a dress uniform,the department will provide
the initial issue.
Newly hired Firefighters will be provided the initial issue of uniforms consisting of two complete
sets(shirts and pants) by the department and the employee will not be eligible to be paid uniform .
CCPFA MOU I January 1, 2020—December 31, 2022 39 I P a g e
allowance until 12 months after hire date,at which time the employee will be given two additional
complete sets (shirt and pants), including department uniform jacket.
A black leather station-wear safety boot will be provided in the future as required safety
equipment by the department.
18.4 Deferred Compensation.All employees covered by this Agreement shall be eligible to participate
in the City's deferred compensation program,upon request.The City shall match up to$55.00 per
pay period for an equal employee 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.
18.5 Short Term and Long Term Disability.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). Employees may use
their benefit credit or purchase short-term disability insurance offered by the City as an optional
benefit. (See Article 17.1.)
18.6 Training. Training required for the EMT-1A certification will be provided when personnel are on
duty.
18.7 PERS 1959 Plan Survivor Benefits. Under the City's PERS contract for Fire Department employees,
PERS1959 Plan survivor benefits are provided at level 4.
18.8 Wellness Benefit. The City acknowledges the side letter agreement dated Nov 1, 2016 in regards
to the Wellness Program.
ARTICLE 19: 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 MOU.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 MOU 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 MOU 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
CCPFA MOU I January 1, 2020—December 31, 2022 40 I P a g e
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.
Pursuant to Government Code Section 3505.1,this MOU has been jointly prepared by the representatives
of the City of Cathedral City and of CCPFA who agree that it shall be presented to the City Council of the
City of Cathedral City for its consideration. We recognize that this MOU is not binding unless and until it
has been approved by the City Council of the City of Cathedral City.
CCPFA MOU I January 1, 2020—December 31, 2022 41 I P a g e
DocuSign Envelope ID:9CE49BD1-1 D7B-4BD8-9F60-BCF18989D8D2
APPROVED BY THE CITY COUNCIL
Executed th47_1.0'day of,lAnC. , 2020.
ATTEST:
Tracey Mez,City Clerk
CITY OF CATHEDRAL CITY CATHEDRAL CITY
PROFESSIONAL FIREFIGHTERS'ASSOCIATION
IAFF Local 3654
7� ` �—DocuSigned by;
//
,z� [ / (C17
'--0(.11F2914bI841i8...
Charles P. McClendon, City Manager Corey Goddard, President
DocuSigned by:
Q7ECF3C1C 004 9..
Eugen a Torres, Human Resources Manager Justin Vonc�riska, Secretary
_ -
AnnMarie Quintanilla, Human Resources Specialist
CCPFA MOU I January 1, 2020—December 31, 2022 42 I P a g e
CATHEDRAL CITY
CCPFA 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
Professional Firefighters Association ("CCPFA") Memorandum of Understanding ("MOU"), Article 14 ("Grievance
Procedure").' 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):
' Article 14 of the CCPFA MOU's grievance procedure(s)do not apply to disciplinary actions or to the appeal of same.
Page 1 of 3
CITY OF CATHEDRAL CCPFA GRIEVANCE FORM
Provision of the CCPFA 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:
Page 2 of 3
CITY OF CATHEDRAL CCPFA 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 NTERPRETED AS LIMITING EMPLOYEE'S RIGHT TO FURTHER
ADMINISTRATIVE OR JUDICIAL PROCESSES OUTSIDE THE CITY'S INTERNAL PROCESS
Page 3 of 3