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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CATHEDRAL CITY
AND
CATHEDRAL CITY PROFESSIONAL FIREFIGHTERS ASSOCIATION
(CCPFA)
January 1, 2015 —December 31, 2019
TABLE OF CONTENTS
CCPFA MOU
2015-2019
ARTICLE 1 SEVERABILITY 1
ARTICLE 2 STRIKES AND/OR JOB ACTIONS 2
ARTICLE 3 TERM 2
ARTICLE 4 SALARY INCREASES 2
ARTICLE 5 WORK PERIOD AND WORK SCHEDULE 2
ARTICLE 6 GENERAL PROVISIONS 2
6.1 Equal Employment Opportunity 2
6.2 Safety and Health 3
6.2.1 Intoxicants 3
6.2.2 Safety Equipment 3
6.3 Employee Activities 3
6.4 Inconsistent Employee Activities 3
6.5 Improper Use of City Equipment Prohibited 4
6.6 Political Activity 4
6.7 Criminal Conviction-Ineligibility for Employment 4
6.8 Smoking 4
6.9 Shift Trades 4
6.10 Organized Mess 5
ARTICLE 7 MANAGEMENT RIGHTS 5
7.1 Exclusive Control of Certain Aspects 5
7.2 Not Subject to Grievance Procedure 6
ARTICLE 8 COMPENSATION 6
8.1 Salary Advancement-Full-Time Employees 6
8.2 Salary on Promotion 7
8.3 Salary on Demotion 7
8.4 Salary on Reinstatement 7
8.5 Special Salary Adjustments 7
8.6 Overtime 7
8.7 Payment of Overtime 8
8.8 Other Compensatory Time Off 8
8.9 Acting Appointments 8
8.10 Compensation for Layoff 8
8.11 Compensation During Suspension 9
8.12 Salary on Voluntary Demotion 9
8.13 Bilingual Pay 9
8.14 Compensation for Vehicle Use 9
8.15 Restitution 9
8.16 Correcting Errors in Salary Rate and Other Provisions 9
8.17 Paramedic Assignment Differential ...10
8.18 DMV Instructor Differential 10
ARTICLE 9 RECRUITMENT AND SELECTION 10
9.1 Physical Requirements 10
9.2 Separation 10
ARTICLE 10 PROBATION 11
10.1 Firefighting Employees 11
CCPFA MOU 2015-2019
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CCPFA MOU
2015-2019
10.2 Probation on Promotion or Reinstatement 11
10.3 Objective of Probationary Period 11
10.4 Satisfactory Completion of Probation Period 11
10.5 Unsuccessful Probation Period 11
10.6 Unsuccessful Reinstatement of Promotion Probation 11
10.7 Probation Following Layoff 11
10.8 Voluntary Probation 12
ARTICLE 11 EMPLOYEE LAYOFF PROCEDURES 12
11.1 Purpose For Layoffs 12
11.2 Abolishment of Positions 12
11.3 Notification of Layoff 12
11.4 Order of Layoff 12
11.5 Layoff Appeal 13
ARTICLE 12 CONDUCT AND DISCIPLINE 13
12.1 Standards of Conduct 13
12.2 Improper Employee Conduct 13
12.3 Disciplinary Action 15
12.3.1.1 Verbal Counseling ..15
12.3.1.2 Verbal Reprimand 15
12.3.1.3 Written Reprimand 15
12.3.1.4 Suspension 15
12.3.1.5 Demotion 15
12.3.1.6 Dismissal 15
12.3.5 Suspension, Demotion,Dismissal 15
12.3.5.1.1 Brief Suspension Without Pay 16
12.3.5.2.1 Longer Suspension Without Pay 16
12.4 Hearings,Appeals and Grievances 16
12.4.1 Pre-Discipline Meeting Procedures 16
12.4.2 Appeals Procedures 17
ARTICLE 13 ATTENDANCE AND LEAVES 19
13.1 Attendance at Work;Absence without Leave 19
13.2 Hours of Work 19
13.3 Leave of Absence 19
13.4 Military Duty 20
13.5 Vacation Leave 20
13.5.1 Vacations 20
13.5.2 Vacation Accumulation 20
13.5.3 Holidays or Illness Within Vacation Period 20
13.5.4 Vacation Credits When Employment Terminates 20
13.5.5 Effect of Absence on Vacation Crediting 20
13.5.6 Additional Vacation Days 21
13.6 Holidays 21
13.6.1 Holidays on Weekend Days 21
13.6.2 Holidays—Extra Pay—Generally 21
13.7 Jury Duty 21
13.8 Bereavement Leave 21
13.9 Family Medical Leave 22
CCPFA MOU 2015-2019 ii
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CCPFA MOU
2015-2019
13.10 Sick Leave 22
13.11 Sick Leave; Limit on Accrual; Payoff 22
13.12 Sick Leave Conversion 23
13.13 Effect of Absence on Sick Leave..... 23
13.14 Family Illness Leave 23
13.15 Unauthorized Leave 23
13.16 Catastrophic Leave Donation 23
13.16.1 Employee's Own Personal Extended Illness 23
13.16.2 Serious Illness or Injury of a Member of the Employee's
Immediate Family 23
13.16.3 Leave Donation Eligibility Procedures 24
13.16.4 Leave Donation Procedure 24
ARTICLE 14 GRIEVANCE PROCEDURE 24
14.1 Matters Subject to Grievance Procedures 24
14.2 Informal Grievance Procedure 24
14.3 Formal Grievance Procedure 25
14.4 Appeal to the City Manager 25
14.5 Extension of Time Limitations 25
ARTICLE 15 EMPLOYEE REPORTS AND RECORDS 25
15.1 Personnel File 25
15.2 Disclosure of Information 25
ARTICLE 16 EDUCATION INCENTIVES 26
16.1 Education Incentives 26
16.2 Paramedic Recertification 26
16.3 Certificate and Degree Incentive 26
ARTICLE 17 FRINGE BENEFITS 26
17.1 Enrollment in Group Insurance Plans 26
17.2 Public Employees' Retirement System 27
17.2.1 Ca1PERS Member Contribution 27
17.3 Uniform/Equipment Allowances 27
17.4 Deferred Compensation 28
17.5 Short Term and Long Term Disability 28
17.6 Training 28
17.7 Group Health Plan Continuation upon Retirement 28
17.8 PERS 1959 Survivor Benefits 29
17.9 Wellness Benefit 29
ARTICLE 18 AGREEMENT ALL INCLUSIVE 29
FAMILY CARE AND MEDICAL LEAVE POLICY
CCPFA MOU 2015 -2019 iii
Memorandum of Understanding between the City of Cathedral City and the Cathedral City Professional
Firefighters Association, (CCPFA) Relating to Firefighting Employees. (January 1, 2015 to December 31,
2019).
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 City below
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.
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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, 2015 through December 31, 2019. This Agreement shall
only be reopenable for the purpose to meet and confer regarding binding grievance arbitration at mid-term of the
contract. Further, this agreement shall not be reopenable for any other purpose except by mutual agreement of
the parties.
ARTICLE 4
SALARY INCREASES
4.1 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. 2.5%effective following 01/01/2015
B. 4.5%effective following 07/01/2015
C. 4.0%effective following 01/01/2016
D. For increases following 01/01/2017 and 01/01/2018,Consumer Price Index(CPI)* not less than
1.0% and not greater than 4.0% as published for the 12-month period concluding October 2016
and 2017,respectively.
*CPI for all Urban Wage Earners for the Los Angeles-Riverside-Orange County area
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.
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
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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 Intoxicants. Employees shall avoid consuming or using any alcohol or controlled 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, unlawful
drugs or controlled substances.
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 work day, 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:
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
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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.
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 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,
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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 agency. This requires that the agency
be aware of the arrangement prior to the work being done, i.e., the employer must know what
work is being done,by whom it is being done,and where and when it is being done. Approval is
manifest when the employer is aware of the substitution and indicates approval in whatever
manner is customary.
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;
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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;
1. determine and/or change the facilities, methods, technology, means, organizational structure and
size and composition of the work force and allocate and assign work by which the City operations
are to be conducted;
m. determine and change the number of locations, relocations and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to
contract for or subcontract any work or operations of the City;
n. assign work to and schedule employees in accordance with requirements as determined by the City
and to establish and change work schedules and assignments upon reasonable notice;
o. establish and modify productivity and performance programs and standards;
p. discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise
discipline employees in accordance with applicable law;
q. establish employee performance standards including, but not limited to, quality and quantity
standards, and to require compliance therewith; take all necessary actions to carry out its mission in
emergencies; and
r. exercise complete control and discretion over its organization and the technology of performing its
work.
7.2 Not Subject to Grievance Procedure. The exercise by the City through its Council and management
representatives of its management rights as set forth above shall not in any way, directly or indirectly,
be subject to the grievance procedure.
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
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 a satisfactory level of performance. Periodic (at least quarterly) performance
evaluations,shall be provided until satisfactory performance is attained.
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c. Advancement to merit steps 6, 7 and 8 may occur after two(2)years satisfactory service in the next
preceding step in the respective salary range. Any such advancement shall be granted only as a
result of a written evaluation of continued meritorious and efficient service and continued
improvement by the employee in the effective performance of the duties of his/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 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
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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. All hours are to be considered "hours worked"with sick leave being
the only exception, for the purpose of calculating overtime rate of pay, 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 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 Acting Appointments. Firefighters, who are department-certified drivers, shall be compensated five
(5%) during those periods while serving working out of class as the designated Fire Engineer. The
working out of class pay will not apply to those members that have not completed their probationary
period.
The City may, at its discretion, appoint a qualified employee to serve as acting Captain which is vacant
due to separation, extended illness or leave without pay. To be eligible for acting pay, the employee
must be qualified to perform the duties in the higher classification.
Employees assigned to acting appointments will be placed on Step A of the salary range established for
the position in which they are serving. If Step A does not provide the employee with additional
compensation, the employee will be placed on a step that provides no less than a five percent (5%)
increase in compensation, but shall not exceed the maximum salary range level established for the
position in which they are serving.
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.
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.
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8.11 Compensation during Suspension. An employee who is suspended with pay under the disciplinary
procedures of Article 12 shall 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. Designated employees shall receive a lump sum payment in the amount of$208.00 on or
before July 1 of each year. In addition, such employees shall receive bilingual compensation of$0.50
per hour unless or until said compensation is voluntarily eliminated by the employee. The basis for
qualifying for such bonus compensation and the procedures for the granting of the same shall be in
accordance with administrative regulations. Eligible employees must successfully pass an initial
certification and an annual recertification test to receive such designation on or about July of each year.
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 Restitution. An employee may be required in a manner approved by the City Manager under the
provisions of Section 8.15 to provide restitution to the City for willful, reckless, wanton or malicious
destruction of City property.
8.16 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 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;
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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.
8.17 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.
8.18 D.M.V. Instructor Differential. Any 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.
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.
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ARTICLE 10
PROBATION
10.1 Firefighting Employees. The first eighteen (18) months or 4200 working 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 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.)
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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.
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.)
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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.
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
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 alcoholic beverages,
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
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or at work locations,or reporting to work or operating City vehicles,equipment or performing
his/her duties under the influence of alcohol or 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.
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.
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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:
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:
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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.
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 Section 12.3 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
16
documents relied on to support the action being taken. 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 the Association 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.
12.4.2.5 The expenses for the hearing officer shall be borne equally by the City and the
Association 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
17
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 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.
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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.
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 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
19
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. All employees entitled to military leave shall give the department head an opportunity,
within the limits of military regulations,to determine when such leave shall be taken. Compensation for
such purposes shall not exceed thirty(30)days in any one(1)fiscal year.
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.
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 leaves
of absences will not affect computations for vacation credits unless such absences exceed one
(1)month, in which case the time of any unpaid absence shall be excluded from computation.
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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 Holidays.The following holidays-in-lieu are observed by the City:
a. January 1 (New Year's Day)
b. Third Monday in January(Martin Luther King,Jr. Day)
c. Third Monday in February(Washington's Birthday)
d. Last Monday in May(Memorial Day)
e. July 4(Independence Day)
f. First Monday in September(Labor Day)
g. September 9(Admission Day)
h. November 11 (Veterans Day)
i. Fourth Thursday in November(Thanksgiving Day)
j. Friday following Thanksgiving Day
k. December 25 (Christmas Day)
1. In addition, employees shall be credited with 1 floating holiday ordinarily the employee's
birthday. The floating holiday may be taken on the employee's birthday with consent of the
department head or anytime thereafter within six(6)months.
m. Any day declared to be a holiday by proclamation of the Mayor.
13.6.1 Holidays on Weekend Days. Holidays falling on Sunday will be observed on the following
Monday. Holidays falling on Saturday shall be observed on the preceding Friday.
13.6.2 Holidays - Extra Pay - Generally. In lieu of taking the holidays listed in Section 13.6 above,
holiday hours shall be paid at a rate of 5.54 hours per pay period.
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 relationships to the employee's spouse or
registered domestic partner. The employee may be asked to provide validation of the family
relationship.
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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. The City's current
Family/Medical Leave policy is attached to this Agreement.
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 5.54 hours per pay period or major fraction
thereof. An employee who is absent because of illness may be required to file a written statement
describing the employee's illness or reason for the absence which then must have the approval of the
City Manager before the employee is eligible to receive sick leave pay. 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 twelve(12)hours.
13.11 Sick Leave; Limit on Accrual; Payoff.
a) Tier 1 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 in cash 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 three hundred eighty (380) hours;
payment shall be at base salary rate.
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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 cash out or
otherwise convert to vacation or other leave bank(s). All accrued and unused sick leave may be
converted to Ca1PERS 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
less than seven (7) years of employment with of vacation
the City
Employees with more than seven (7) years of Two (2) hours of sick leave to one (1) hour
employment with the City of 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 FMLA 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.
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.
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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.
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
24
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.
14.3 Formal Grievance Procedure. 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
to the department head within ten (10) City Hall business days after the occurrence of the incident
giving rise to the grievance. The department head shall meet with the employee and/or the employee's
designated representative within five working 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 five working days after meeting
with the employee.
14.4 Appeal to the City Manager. 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)
City Hall business days after the employee's receipt of the department head's decision. The appeal shall
be signed and delivered to the City Clerk who shall set a meeting within ten(10)working days with the
City Manager and the employee and/or the employee's representative to discuss the grievance. Within
seven working days 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
shall not be appealable to the City Council.
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. Failure to act within any
time limit set forth in the grievance procedure shall result in the grievance being advanced to the next
step in the process.
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.
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ARTICLE 16
EDUCATIONAL INCENTIVE
16.1 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 Assistant City Manager approval.
16.2 Paramedic Recertification. Upon presentation to the Fire Chief or designee of a paramedic certification,
the City shall pay to the employee a flat 48 hours for coursework (as State required) at the rate of time
and one-half at top step (step 5) of 56-hour work week of Firefighter/Paramedic salary range as full
reimbursement for paramedic certification. The employee has the responsibility of attending all
required certification courses and paying the required fees. There will not be any compensation for
attending certification courses during non-work times except for the pay specified above. 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 and have served at least two (2)years of
City employment shall be compensated five percent(5%)of base salary.
ARTICLE 17
FRINGE BENEFITS
17.1 Enrollment in Group Insurance Plans. Effective,January 1, 2013,the City shall provide a cafeteria-type
benefit program. The City shall bear the cost of the employee's choice of employee-only medical
insurance. The City shall bear the cost of medical insurance for an employee with one dependent and
employee with more than one dependent coverage so long as an employee's dependents are eligible
under the terms of the policy or policies authorized from time to time by the City Council (to the same
extent as the City bears the cost of coverage for the employee). The City's cost for medical insurance
26
for employee plus dependent(s) shall be capped at the second most expensive medical coverage
available equitable to the Ca1PERS PEMCHA plans available for the region that includes Cathedral
City. In the event an employee selects the most expensive coverage, he or she shall be responsible for
paying the difference between the cost of the most expensive coverage and the cost of the second most
expensive coverage.
The City shall offer dental, vision, short-term disability and other coverage that the employee may
voluntarily purchase through payroll deduction. An employee may choose a medical plan less
expensive than the second-highest plan (or highest plan for employee-only) and use the remaining
balance (benefit credit) to pay for dental, vision and/or short-term disability. Any unused funds shall
remain with the City.
17.2. Public Employees' Retirement System. All full-time firefighting employees of the City are
automatically covered by the City's contract with the Public Employees Retirement System.
Membership shall commence immediately upon employment.
a) Tier One 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.
b) "Classic" Employees Hired on or after November 25, 2012: 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.)
c) Employees Hired as New Ca1PERS Members: The California Public Employees' Pension
Reform Act of 2013 (PEPRA)establishes a new retirement plan for employees hired on or after
January 1, 2013. All employees hired on or after that date shall be subject to the provisions of
PEPRA.
17.2.1 Ca1PERS Member Contributions. Commencing January 6, 2013, all members of the Cathedral
City Professional Firefighters Association shall pay their full Ca1PERS member contribution,
plus any additional PERS contribution as may be negotiated.
17.3 Uniform and Equipment Allowances. Employees covered by this agreement shall receive one hundred
and twenty dollars($120)per month to be paid biweekly at a rate of$55.38.
If the department requires an additional uniform, i.e. a dress uniform, the department will provide the
initial issue. Per existing policy, a loan may be made available for employee purchase of Class A
uniform.
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 allowance
until successful completion of probation, at which time the employee will be given two additional
complete sets(shirt and pants), including department uniform jacket.
27
A black leather station-wear safety boot will be provided in the future as required safety equipment by
the department.
17.4 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 $46.16 per pay period
or$1,200 per year for an equal employee contribution.
17.5 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.)
17.6 Training. Training required for the EMT-1A certification will be provided when personnel are on duty.
17.7 Group Health Plan Continuation upon Retirement. Employees covered by this Agreement retiring from
City employment who are taking a qualified retirement under the PERS system may elect within 120
days after separation to participate in such group health insurance policies as are provided by the City
under the following conditions:
a) Employees hired prior to November 25, 2012: All unit members shall be eligible for a City-paid
contribution equivalent to the current amount given to active unit members.
b) Employees Hired on or after November 25,2012: The percentage of employer contribution payable
for retirement health benefits shall be based on criteria negotiated between the City and the
Association according to the following table:
Credit Years of Service
with Cathedral City Percentage of Employer Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
c) As permitted by law, the City's health insurance policy shall become secondary to any applicable
federal or state government health programs as soon as the retired employee becomes eligible for
such program or at age 65,whichever comes first.
28
d) If the employee's/retiree's survivor is entitled to a monthly benefit and continued coverage under
the Public Employees' Medical and Hospital Care Act,as administered by Ca1PERS,the enrollment
shall be continuous.
17.8 PERS 1959 Plan Survivor Benefits. Under the City's PERS contract for Fire Department employees,
PERS 1959 Plan survivor benefits are provided at level 4.
17.9 Wellness Benefit—4%. The City shall provide a physical fitness program for all employees covered by
this Agreement. The physical fitness program consists of a yearly health screening and an approved
physical fitness evaluation. Employees covered by this Agreement who meet the physical standards and
are approved by the City in the fitness evaluation will receive a four(4%) salary differential above base
pay. The salary differential will begin on the first day of the pay period following submission of a
qualifying fitness program report to the Human Resource Division. Employees must re-qualify on a
yearly basis to continue to receive a fitness program salary differential. Employees who do not re-
qualify will no longer receive the salary differential, but may reapply to re-qualify at the next annual
qualification period. The program shall be subject to the procedures developed and in place with the
Cathedral City Police Management and Fire Management Associations.
ARTICLE 18
AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either
party has desired to have included in this 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 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.
29
APPROVED BY THE CITY COUNCIL
Executed this fl—day of aLfAt , 2015. �1,vkrt d,GOcti t',' y D
ATTEST: /
/Th
Y 1 / .iJ1
Gary Howell,0S ty Clerk
CITY OF CATHEDRAL CITY CATHEDRAL CITY PROFESSIONAL
FIREFIGHTERS' ASSOCIATION
IAFF Local 3654
it . /It ,
- le . .. (..-01(1-4---
Charles P. i cClendon,City Manager Corey Goddard,Pre ident
Tami :. Scott,Administrative Services Director Rick West,Vice President
— / GP- / � .. �-
Sy . A. Zelnys,Hu� ,n Reso1 rces Manager Brent Poist
M. Eug is Torres,Human Resources Coordinator
1
City of Cathedral City
1
( i1 ' ;At (1 1'
Family Care and Medical Leave Policy
STATEMENT OF POLICY
To the extent not already provided for under current leave policies and provisions, the City of Cathedral
City will provide family and medical care leave for eligible employees as required by state and federal law.
The following provisions set forth certain of the rights and obligations with respect to such leave. Rights
and obligations which are not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), Pregnancy
Disability Leave (PDL)and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise
provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA, PDL, and
CFRA.
II. DEFINITIONS
A. "12-Month Period"—means a rolling 12-month period measured backward from the date leave is taken
and continuous with each additional leave day taken.
B. "Child"—means a child under the age of 18 years of age, or 18 years of age or older who is incapable
of self-care because of mental or physical disability. An employee's child is one for whom the
employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or
stepchild.
C. "Parent" — means the biological parent of an employee or an individual who stands or stood in loco
parentis (in place of a parent) to an employee when the employee was a child. This term does not
include parents-in-law.
D. "Spouse"—means a husband or wife as defined or recognized under California State law for purposes
of marriage.
E. "Domestic partner."— as defined by Family Code §§ 297 and 299.2, shall have the same meaning as
"Spouse"for purposes of CFRA Leave.
F. "Serious health condition" — means an illness, injury impairment, or physical or mental condition that
involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility,
including any period of incapacity (i.e., inability to work, or perform other regular daily activities
due to the serious health condition, treatment involved,or recovery there from);or
2. Continuing treatment by a health care provider: A serious health condition involving continuing
treatment by a health care provider includes any one or more of the following:
a) A period of incapacity (i.e., inability to work, or perform other regular daily activities )due to a
serious health condition of more than three consecutive calendar days, and any subsequent
treatment or period of incapacity relating to the same condition,that also involves:
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i) Treatment two or more times by a health care provider, by a nurse or physician's assistant
under direct supervision by a health care provider, or by a provider of health care services
(e.g.,a physical therapist)under orders of, or on referral by a health care provider; or
ii) Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider. This includes for
example, a course of prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over the counter, and can be
initiated without a visit to a health care provider, it does not constitute a regimen of
continuing treatment.
b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to
FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy
is entitled to pregnancy disability leave.)
c) Any period of incapacity or treatment for such incapacity due to a chronic serious health
condition. A chronic serious health condition is one which:
i. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's
assistant under direct supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single
underlying condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc). Absences for such incapacity qualify for leave even if the absence lasts only
one day.
d) A period of incapacity which is permanent or long term due to a condition for which treatment
may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care provider.
e) Any period of absence to receive multiple treatments (including any period of recovery there
from) by a health care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or treatment.
G. "Health Care Provider" means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State
of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another
state or jurisdiction, including another country, who directly treats or supervises treatment of a
serious health condition;
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment
consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray
to exist) authorized to practice in California and performing within the scope of their practice as
defined under California State Law;
4. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice
under California State law and who are performing within the scope of their practice as defined
under California state law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts; and
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6. Any health care provider from whom an employer or group health plan's benefits manager will
accept certification of the existence of a serious health condition to substantiate a claim for
benefits.
H. "Active Duty" means a duty under a call to order of active, retired, reserves, or national guard
members of the united States Armed Forces by law or any other provision of law during a war or
national emergency declared by the President or Congress.
I. "Contingency Operation" — means a military operation that (1) is designated by the Secretary of
Defense as an operation in which members of the United States Armed Forces are or may become
involved in military actions, operations, or hostilities against an enemy of the United States or against
an opposing military force;or(2) results in the call to order of active duty members of the Untied Sates
Armed Forces by law or any other provision of law during a war or national emergency declared by the
President or Congress.
J. "Covered Service member" — means a member of the United States Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or
therapy, in otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a
serious injury or illness.
K. "Outpatient Status" means the status of a member of the United States Armed Forces assigned to: (1)
a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of
providing command and control of members of the Armed Forces receiving medical care as
outpatients.
L. "Next of Kin"—means the nearest blood relative of an injured service member.
M. "Serious Injury or Illness" means an injury or illness incurred by a member of the Armed Forces in the
line of duty on active duty that may render the member medically unfit to perform the duties of the
member's office, grade, rank,or rating.
III. REASON FOR LEAVE
Leave is only permitted for the following reasons:
A. The birth of a child or to care for a newborn of an employee;
B. The placement of a child with an employee in connection with the adoption or foster care of a child;
C. Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition;
D. Leave because of a serious health condition that makes the employee unable to perform the functions
of his/her position.
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E. Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son,
daughter, or parent is on active military duty or has been notified of an impending call or order to
active duty in support of a contingency operation involving the United States Armed Forces;or
F. Leave to care for a spouse, son, daughter, parent, or"next of kin" service member of the Untied States
Armed Forces who has a serious injury or illness incurred in the line of duty while on active military
duty(this leave can run up to 26 weeks of unpaid leave during an employer's 12-month period).
IV. EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; and
B. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the
commencement of the leave.
V. AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for an injured service
member)of leave during any 12-month period.
A. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave
must be concluded within one year of the birth or placement of the child. In addition, the basic
minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of
these purposes (e.g., bonding with a newborn)for at least one day, but less than two weeks duration
on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious
health condition, there is no minimum amount of leave that must be taken. However, the notice and
medical certification provisions of this policy must be complied with.
B. Spouses Both Employed By The City of Cathedral City
In any case in which a husband and wife both employed the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12
workweeks during any 12-month period if leave is taken for the birth or placement for adoption or
foster care of the employees'child (i.e., bonding leave).
In any case in which a husband and wife both employed by the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26
workweeks during any 12-month period if leave is taken to care for an injured service member.
Except as noted above,this limitation does not apply to any other type of leave under this policy.
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VI. EMPLOYEE BENEFITS WHILE ON LEAVE
Leave under this policy may be paid or unpaid. While on leave, employees will continue to be covered by
the City of Cathedral City's group health insurance to the same extent that coverage is provided while the
employee is on the job.
If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the
City of Cathedral City shall have the right to recover its share of health plan premiums for the entire leave
period, unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or his/her family member which would entitle the employee to leave, or
because of circumstances beyond the employee's control. The City of Cathedral City shall have the right
to recover premiums through deduction from any sums due the city of Cathedral City (e.g. unpaid wages,
vacation pay, etc.).
VII. SUBSTITUTION OF PAID ACCRUED LEAVES
While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid
accrued leave. Similarly, the City of Cathedral City may require an employee to concurrently use paid
accrued leave after requesting FMLA and/or CFRA leave, and may also require an employee to use family
and medical care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
A. Employee's Right To Use Paid Accrued Leaves Concurrently With Family Leave
Where an employee has earned or accrued paid vacation, compensatory time, or personal or sick
leave, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this
policy.
As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
1. The leave is for the employee's own serious health condition;or
2. The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health
condition, and would be permitted as sick leave under the City of Cathedral City's sick leave
policy.
B. City of Cathedral City's Right to Require An Employee To Use Paid Leave When Using FMLA/CFRA
Leave
1. Employees are not required to use accrued compensatory time earned in lieu of overtime
earned pursuant to the Fair Labor Standards Act; and
2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the
leave is for the employee's own serious health condition.
C. City of Cathedral City's Right To Require An Employee To Exhaust FMLA/CFRA Leave Concurrently
With Other Leaves
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If an employee takes a leave of absence for any reason which is FMLA/CFRA-qualifying, the City of
Cathedral City may designate that non-FMLA/CFRA leave as running concurrently with the
employee's 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers and
firefighters who are on leave pursuant to Labor Code §4850.
D. City of Cathedral City's and Employee's Rights If An Employee Requests Accrued Leave Without
Mentioning Either the FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without
reference to a FMLA/CFRA-qualifying purpose, the City of Cathedral City may not ask the employee if
the leave is for a FMLA/CFRA-qualifying purpose. However, if the City of Cathedral City denies the
employee's request and the employee provides information that the requested time off is for a
FMLA/CFRA-qualifying purpose, the City of Cathedral City may inquire further into the reason for the
absence. If the reason is FMLA/CFRA-qualifying, the City of Cathedral City may require the employee
to use accrued leave as described above.
VIII. MEDICAL CERTIFICATION
Employees who request leave for their own serious health condition or to care for a child, parent or spouse
who has a serious health condition must provide written certification from the health care provider of the
individual requiring care if requested by the City of Cathedral City.
If the leave is requested because of the employee's own serious health condition, the certification must
include a statement that the employee is unable to work at all or is unable to perform the essential
functions of his/her position.
Employees who request leave to care for an injured service member who is a child, spouse, parent, or
"next of kin" of the employee must provide written certification from a health care provider regarding the
injured service member's serious injury or illness.
A. Time To Provide A Certification
When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical
certification is requested, the employee must provide it before the leave begins. When this is not
possible, the employee must provide the requested certification to the City of Cathedral City within the
time frame requested by the City of Cathedral City (which must allow at least 15 calendar days after
the employer's request), unless it is not practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
B. Consequences For Failure To Provide An Adequate Or Timely Certification
If an employee provides an incomplete medical certification the employee will be given a reasonable
opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by
this policy, the City of Cathedral City may delay the taking of FMLA/CFRA leave until the required
certification is provided.
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C. Recertification
If the City of Cathedral City has reason to doubt the validity of a certification, the City of Cathedral City
may require a medical opinion of a second health care provider chosen and paid for by the City of
Cathedral City. If the second opinion is different from the first, the City of Cathedral City may require
the opinion of a third provider jointly approved by the City of Cathedral City and the employee, but paid
for by the City of Cathedral City. The opinion of the third provider will be binding. An employee may
request a copy of the health care provider's opinions when there is a recertification.
D. Intermittent Leave Or Leave On A Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave
schedule to care for an immediate family member with a serious health condition {"serious health
condition"}, the employee must provide medical certification that such leave is medically necessary.
"Medically necessary" means there must be a medical need for the leave and that the leave can best
be accomplished through an intermittent or reduced leave schedule.
IX. EMPLOYEE NOTICE OF LEAVE
Although the City of Cathedral City recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 day's notice is required. In addition, if an employee knows that
he/she will need leave in the future, but does not know the exact date(s)(e.g. for the birth of a child or take
care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will
be needed. Such notice may be orally given. If the City of Cathedral City determines that an employee's
notice is inadequate or the employee knew about the requested leave in advance of the request, the City
of Cathedral City may delay the granting of the leave until it can, in its discretion, adequately cover the
position with a substitute.
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right To Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held
when the leave commenced, or to an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the employee had been continuously employed
during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee
will be reinstated on the date agreed upon. If the reinstatement date differs from the original
agreement of the employee and City of Cathedral City, the employee will be reinstated within two
business days, where feasible, after the employee notifies the employer of his/her readiness to return.
B. Employee's Obligation To Periodically Report On His/Her Condition
Employees may be required to periodically report on their status and intent to return to work. This will
avoid any delays to reinstatement when the employee is ready to return.
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C. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee's own serious
health condition, which made the employee unable to perform his/her, job, the employee must obtain
and present a fitness-for-duty certification from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of reinstatement.
D. Reinstatement of"Key Employees"
The City of Cathedral City may deny reinstatement to a "key" employee (i.e., an employee who is
amongst the highest paid 10 percent of all employed by the City of Cathedral City within 75 miles of
the work site) if such denial is necessary to prevent substantial and grievous economic injury to the
operations of the City of Cathedral City, and the employee is notified of the City of Cathedral City's
intent to deny reinstatement on such basis at the time the employer determines that such injury would
occur.
XI. REQUIRMENTS
Provide your Department Head and Human Resources with sufficient time of your need to take FMLA.
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