HomeMy WebLinkAboutReso 52-17 MBFFA MOU 2017-20_fully executedA RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725,
FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2020
THE CITY COUNCIL
Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to recognize, the Morro
Bay Fire Fighters Association, IAFF Local 3725 ("MBFFA"), as the sole exclusive bargaining
agent for the City's fire fighting employees, for all matters concerning wages, hours and working
conditions; and
WHEREAS, the current Memorandum of Understanding between the City and MBFFA,
which was duly approved by the City Council on August 23, 2016, was set to expire on June 30,
2017; and
WHEREAS, prior to the June 30, 2017 expiration of the MBFFA MOU 2016-2017, the
City and MBFFA reached an agreement extending the term of the MBFFA MOU 2016-2017 by
one year and providing a 2% cost of living adjustment ("COLA") for Fiscal Year 2017-18, and
thereafter jointly prepared and executed an Amendment No. 1 to the MBFFA MOU 2016-2017
("First Amendment"), which was ratified by the MBFFA on June 16, 2017 and approved by the
City Council by Resolution No. 35-17 on June 27, 2017, and which extended the MBFFA MOU
2016-2017 to June 30, 2018; and
WHEREAS, the City and MBFFA subsequently met and conferred to negotiate the work
schedule and leave accrual rates with respect to the Fire Marshal position, and prepared a
Revised and Restated Amendment No. 1 to the MBFFA MOU 2016-2017 ("Revised First
Amendment"), which superseded and replaced the First Amendment; and
WHEREAS, the Revised First Amendment was ratified by the MBFFA on July 15, 2017
and adopted by the City Council by Resolution No. 43-17 on August 8, 2017; and
WHEREAS, the City and MBFFA have continued to negotiate athree-year agreement for
the period of July 1, 2017 through June 30, 2020, with two percentCOLAs each year
contingent upon the City meeting specified revenue thresholds; and
WHEREAS, the City labor relations representatives and MBFFA representatives
successfully met and conferred to negotiate the three-year MOU between the parties, pursuant
to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's
Employer -Employee Relations Resolution, Resolution No. 08-17, and have jointly prepared and
executed the attached successor MOU between the City and MBFFA, for the period July 1,
2017 through, and including, June 30, 2020 ("MBFFA MOU 2017-2020), which was ratified by
the MBFFA on August 20, 2017; and
WHEREAS, the MBFFA MOU 2017-2020 is subject to City Council acceptance and
approval, which is made a part hereof by this reference; and
WHEREAS,' once approved by the City Council, the MBFFA MOU 2017-2020 shall
become a binding agreement between the City and MBFFA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, AS FOLLOWS:
Section 1. City Council Resolution No. 35-17, adopting the First Amendment, and
Resolution No. 43-17, adopting the Revised First Amendment, are hereby rescinded and
replaced by this resolution.
Section 2. The City Council approves the successor MOU between the City and MBFFA
for the period of July 1, 2017 through, and including, June 30, 20203 a copy of which is attached
hereto as Exhibit 1.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 26th day of September 2017, by the following vote:
AYES: Irons, Davis, Headding, Makowetski, McPherson
NOES: None
ABSENT: None
ABSTAIN: None
f9
JAM L. IRONS, Mayor
ATTEST:
2L si13 ►'.)
NA SWANSON, City Clerk
01181.0026/407796.1
Table of Contents
ARTICLE1 PURPOSE................................................................................................................ 1
ARTICLE2 MANAGEMENT..................................................................................................... 1
ARTICLE3 MBFFA RECOGNITION........................................................................................ 3
ARTICLE4 MBFFA BUSINESS................................................................................................9 4
ARTICLE 5 AUTHORIZED AGENTS........................................................................................ 5
ARTICLE7 TERM....................................................................................................................... 6
ARTICLE8 RENEGOTIATIONS................................................................................................ 6
ARTICLE 9 ANTI—DISCRIMINATION...................................................................................... 6
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 29) ..................... 6
ARTICLE 11 VACATIONS AND HOLIDAYS............................................................................ 8
ARTICLE12 SICK LEAVE........................................................................................................... 9
ARTICLE I3 RETIREMENT BENEFITS................................................................................... 10
ARTICLE14 HEALTH BENEFITS............................................................................................ 11
ARTICLE15 UNIFORM ALLOWANCE................................................................................... 12
ARTICLE16 SALARIES............................................................................................................. 13
ARTICLE 17 SPECIAL PAY PRACTICES................................................................................ 16
ARTICLE 18 HEALTH AND SAFETY ARTICLE.................................................................... 18
ARTICLE 19 MIN
IMUMSTAFFING......................................................................................... 19
ARTICLE 20 PERSONNEL RULES........................................................................................... 19
ARTICLE21 LAYOFFS. 0 6 0 0 & 0 0 * 0 a * 9 v a 0 0 0 0 0 0 0 0 . 6 0 0 4 0 0 9 9 0 * a a 0 0 0 9 % 6 0 4 a 4 6 4 t 0 9 9 0 a a * 0 a 6 6 a * * 4 6 0 0 0 9 0 0 0 0 4 a 0 0 0 1 6 9 6 6 0 0 a 0 0 1 9 a m 0 a 0 0 6 6 0 * a 0 0 4 0 0 . a * 0
20
ARTICLE 22 PROCESSING OF FORMAL GRIEVANCES. . 0 e 4 9 0 5 9 0 & a 0 % 6 8 & 6 4 6 4 & 0 1
20
ARTICLE 23 ELIMINATION OF FIRE SERVICE. . * 6 6 9 & 0 0 6 4 0 4 9 0 0 0 a 0 0 a w 6 a a 6 0 0 a 4 0 0 0 0 9 0 0 0 * 6 a 4 & a & 6 0 0 4 * 0 * 0 a 0 A 0 6 8 * 6 0 6009401
21
ARTICLE 24 NO STRIKE, NO LOCK—OUT. . 6 a * * & 6 0 0 4 0 9 4 t 9 0 9 a 0 a 0 * a 6 6 0 & a & 6 4 a 9 e * * a a 6 a 6 6 a 6 0 1 6 4 0 0 4 w 0 0 0 0 0 6 a a 6 a 6 0 21
ARTICLE 25 FULL UNDERSTANDING, MODIFICATION, WAIVER .................................. 21
ARTICLE26 SEVERABILITY................................................................................................... 22
ARTICLE 27 JOIN
TDRAFTING........................................................................21
ARTICLE 28 CITY COUNCIL APPROVAL............................................................21
ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL............................................................................22
0/181.0026/d07796.1 i
LLorro Bay Firefighters Association 2017 - 20201LIOU
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725
AND THE CITY OF MORRO BAY
2017 - 2020
ARTICLE I PURPOSE
WHEREAS, the City of Morro Baymunicipal corporation, existing under the laws %J the State
of California as a general law city (hereinafter referred to as the "CITY"); and
WHEREAS, the CITY Bay is limited, insofar as funds are concerned, because of a fixed tax rate,
and in structure because it is a public entity, rather than a profit-making business; and
WHEREAS, the Morro Bay Fire Fighters Association (hereinafter referred to as the "MBFFA") is
an unincorporated association under the laws of the State of California, and is affiliated with the
International Association of Fire Fighters (IAFF) as IAFF Local 3725; and
WHEREAS, the CITY and the MBFFA recognize that the mission and the purpose of the CITY are
to provide high-quality and economical municipal services and facilities to the residents of the City
A Morro Bay.
THEREFORE, this Memorandum of Understanding (hereinafter referred to as the "MOU") is
entered into as of July 1, 2017, between the CITY and the MBFFA.
It is the intent and purpose of this MOU to assure sound and mutually -beneficial working and
economic relations and conditions between the parties hereto, to provide for an orderly and peaceable
method and manner of resolving any differences, which may arise, and to negotiate any
misunderstanding, which could arise, and to set forth, herein, the basic and full agreement between
the parties, concerning the pay, wages, hours of employment, and other terms and conditions of
N
mployment.
ARTICLE 2 MANAGEMENT
2.1 In order to ensure that the CITY shall continue to carry out its public safety functions,
programs, and responsties to the public, imposed by law, and to maintain efficient public
safety service for the citizens of Morro Bay, the CITY continues to reserve and retain solely
and exclusively all management rights, regardless of the frequency of use, including those
rights and responsibilities set forth by law, and those CITY rights set forth in the CITY's
Personnel Rules and Regulations and including, but not limited to, the following:
2.1.1 To manage the Fire Depart
ment, and determine policies and procedures and the right
to manage the affairs of the Department.
2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the
management decision, in compliance with State law.
01181.0026/407796.1 Dlo�•�•o Bay Firefighters Associatio�� 201 7 - 202011IOU
2.1.3 To determine the necessity, organization, implementation, and termination of any
service or activity conducted by the CITY or other government jurisdiction, and to
expand or diminish fire services.
2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline,
discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases
and benefits for disciplinary reasons, or otherwise discipline employees, in
accordance with Department or CITY Rules, Regulations, or Ordinances.
2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality,
technology, standard, and level of fire services to be provided to the public.
2.1.6 To require performance of other public safety services not specifically stated herein,
in the event of emergency or disaster, as deemed necessary by the CITY.
2.1.7 To lay off employees of the Fire Department because of lack of work or funds or
under conditions where continued work would be inefficient or nonproductive or not
cost effective, as determined by the CITY.
2.1.8 To determine and/or change the fire facilities, methods, technology, equipment,
operations to be performed, organization structure, and allocate or assign work by
which the CITY fire operations and services are to be conducted.
2.1.9 To determine method of financing.
2.1.10 To plan, determine, and manage Department's budget, which includes, but is not
limited to, changes in the number of locations and types of operations, processes, and
materials to be used in carrying out all Fire Department functions and the right to
contract or subcontract any work or operations of the Fire Department.
2.1.11 To determine the size and composition of the Fire Department work force, assign
work to employees of the Fire Department, in accordance with requirements
determined by the Fire Department, and to establish and require compliance to work
hours and changes to work hours, work schedules, including call back, standby, and
overtime, and other work assignments, except as otherwise limited by this MOU, or
subsequent MOUS.
2.1.12 To establish and modify goals and objectives related to productivity and performance
programs and standards, including, but not limited to, quality and quantity, and
required compliance therewith.
2.1.13 To determine qualifi
cations, skills, abilities, knowledge, selection procedures and
standards, job classification, job specifications, and to reallocate and reclassify
employees, in accordance with division and/or CITY Rules and Regulations.
0/181.002 6/4 0 7 79 6.1 111o�•ro Bay Firefrghters Association 2017 - 2020 MOU
2.1.14 To determine the issues of public policy, and the overall goals and objectives of the
Fire Department, and to take necessary action to achieve the goals and objectives of
the Fire Department,
2.1.15 To hire, transfer (intra- or inter- Department), promote, reduce in rank, demote,
reallocate, terminate and take other personnel action for non -disciplinary reasons, in
accordance with Department and/or CITY Rules, Regulations and Ordinances.
2. 1.16 To determine policies, procedures and standards for recruiting, selecting, training,
and promoting employees.
.1. 17 To establish, implement, and/or modify rules and regulations, policies, and
procedures, related to productivity, performance, efficiency, personal appearance
standards, code of ethics and conduct, safety, health, and order, and to require
compliance therewith.
2.1.18 To maintain order and efficiency in Fire facilities and operation.
2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set
forth in this MOU.
2.1.20 To take any, and all, necessary steps and actions to carry out the service requirements
and mission of the CITY in emergencies or any other time deemed necessary by the
CITY, and not specified above.
2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code.
2.3 Nothing herein is meant to diminish employee rights as provided by the Government Code,
including the right to meet and confer on changes in standards for promotion.
ARTICLE 3 MBFFA RECOGNITION
3.1 Pursuant to Resolution No. 08-17, the Employer -Employee Relations Resolution of the City
of Morro Bay and applicable state law, the MBFFA was designated by the CITY as the
representative of CITY fire fighting employees. The term "employee" or "employees" as
used herein is comprised of the following classifications:
Captain/Paramedic
Captain
Engineer/Paramedic
Engineer
Fire Marshal
Firefighter/Paramedic
Firefighter
01181.0026/407796.1 Morro Bny Firefrghters Association 2017 - 2020 �110U
3.2 Employees working on a regular basis in a classified position, but less than full-time, shall
receive vacation and sick leave accruals on a pro -rated basis, commensurate with hours
worked. All benefits for new hires, including insurance benefits, will be allocated on a pro-
rated basis, commensurate with hours worked.
3.3 FIRE ENGINEER RATING
3.3.1 Itis recognized, in principle, as long as the full-time MBFFA personnel complement
of the Morro Bay Fire Department remains at ten (10) or less, that efficient operation
of the Department requires an increase in the authorized number of Fire Engineers.
Accordingly, CITY agrees to promote to Fire Engineer all personnel classified as Fire
Fighter hired after the effective date of this MOU provided that they have served for
eighteen (18) months with the CITY in the Fire Fighter classification; that at the
completion of eighteen months of employment, they have been recommended by the
Fire Chief for promotion and have demonstrated, through successful completion of
written and practical examinations that they have successfully completed six semester
units of Fire Science courses at an institution approved by the Fire Chief. The CITY
shall make every effort to schedule the examination to be completed prior to the
expiration of eighteen months. The content and passing grade of the written and
practical examinations will be determined by the Fire Chief subject to the approval of
the City Manager,
3.3.2 An individual recommended for promotion, and failing to attain a passing grade in
either the written or practical examination, shall not be eligible for reexamination
until six (6) months after the date of failure.
ARTICLE 4 MBFFA BUSINESS
4.1 Employee representatives, designated by the MBFFA, shall be granted time off, without loss
V f pay, to attend "meet and confer" sessions with y Manager, and/or his/her
designee(s), on subjects within the scope of representation, when such meetings are
scheduled during regular working hours. Should such meeting extend beyond an employee
representative's regular working hours, the employee representative shall be paid for only the
regular working hours.
4.2 It is understood that this time -off provision shall only apply to a maximum of two employees
attending any one meeting between CITY and MBFFA; where exceptional circumstances
warrant, the City Manager may approve the attendance, at such meetings, of additional
employee representatives. The MBFFA shall, whenever practicable, submit the names of all
employee representatives to the City Manager, or his/her designee(s), at least two working
days in advance of such meetings. Provided further: 1) no employee representative shall
leave his or her duty or work station or assignment without specific approval of the
department head or other authorized CITY management official; and 2) any such meeting is
subject to scheduling by CITY management, in a manner consistent with operational needs
and work schedules.
01181.0026/407796.1 blori•o Bay Firefrglzters Association 2017 - 2020 �lIOU
4.3 Off-duty employees will not be paid for attending meet and confer sessions, nor will over-
time be paid for same. The parties agree to consider the shift schedules of team members in
scheduling meetings.
4.4 MBFFA may hold unit meetings at the Fire Station, 715 Harbor Street, after 1700 hours, with
two days' prior notice to Fire Chief. The Fire Chief has the authority to deny and/or cancel
said meeting, if it conflicts with official CITY activities for MBFFA duties.
ARTICLE 5 AUTHORIZED AGENTS
For the express purpose of administering the teams and provisions of this MOUa
5.1 Management's principal authorized agent shall be the City Manager, or his/her duly
authorized representative(s), (address: 595 Harbor Street, Morro Bay, CA 93442; telephone
(805) 772-6201), except where a particular management representative is specifically
designated in the MOU.
5.2 The MBFFA principal authorized representative shall be the shop steward of the unit, or
his/her duly authorized representative(s) (address 715 Harbor St., Morro Bay, CA 93442).
ARTICLE 6 WITHHOLDING OF MBFFA DUES AND INSURANCE
6.1 It is agreed that CITY will withhold MBFFA dues and MBFFA group insurance premiums
from the monthly pay of each regular CITY employee, who is a member of the MBFFA.
MBFFA agrees to provide CITY with individual MBFFA member authorizations signed by
the individual MBFFA member, authorizing CITY to make agreed deductions, specifying the
amount of each deduction, and authorizing CITY to issue a check, payable to MBFFA, for
the collective amount of the individual deductions. CITY does not accept responsibility for
computing the amounts of deductions or for meeting payment dates, which may not coincide
with established pay periods. CITY will issue a single check to the MBFFA for the total
amount of deductions withheld from the individual employees' pay. The MBFFA will be
responsible for the accounting and disbursing of all such funds received from CITY. MBFFA
will be responsible for properly notifying CITY of any changes in deductions, and will be the
sole agent, through which CITY will act, in explaining, initiating, executing, or terminating
the provisions of this Article. Such notification must be received by the CITY at least two
weeks prior to the effective date of the change. Also, such change notice must include a copy
of the notice sent to the employees officially, telling them of the change.
6.2 MBFFA shall indemnify and hold harmless the CITY, its officers, agents, and employees
from any and all claims, demands, damages, costs, expenses, or liability arising out of this
Article.
6.3 It is agreed that CITY will deposit payroll deductions made payable to aCITY-approved
Credit Union, providing the MBFFA makes arrangements for such services that are
acceptable to both members and CITY.
01181.0026/t07796J AIo�•�•o Bay Firefrghters Association 2017 - 2020 MOU
ARTICLE 7 TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from July 1, 2017,
through June 30, 2020.
ARTICLE 8 RENEGOTIATIONS
8.1 In the event either party wants to renegotiate a successor MOU, such party shall serve upon
the other, during the period of December 1, 2019 to January 31, 2020, its written request to
begin negotiations, as well as its full and entire written proposals amending this MOU.
Negotiations shall commence no later than March 15, 2020.
8.2 The parties agree that, except by mutual agreement, no new subjects maybe introduced into
the process after the third (3`d) negotiations meeting.
8.3 Should the parties be unable to reach agreement on a new contract before the current contract
expires, all applicable provisions of this MOU shall remain in full force and effect until such
time as a new MOU is reached, or September 30, 2020, whichever first occurs.
ARTICLE 9 ANTI -DISCRIMINATION
The CITY and MBFFA mutually agree they will not discriminate against employees for the exercise
Atheir rights under the State of California Government Code Section 3502.
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 29)
This article is intended to define the normal hours of work, and shall not be construed as a guarantee
of work per day or work per week or of days of work- per week.
10.1 WORKDAY
The normal workday shall be a twenty-four (24) consecutive hour period, except in cases of
emergency or for reasons of attendance at extended training opportunities, or temporary duty
assignments while on light duty, when other shifts may be assigned by the Chief, provided
there is mutual agreement between the parties.
10.2 WORKSHIFT
Employees shall be scheduled to work- on regular work shifts having regular starting and
quitting times. Except for emergencies, employees' work shifts shall not be changed without
four days (96 hours) prior written notice to the employee. Call out or overtime does not
constitute a change in work shift.
10.3 WORKWEEK
The normal work -week- shall average fifty-six (56) hours of work- in a seven (7) consecutive
day period, except in cases of emergency.
01181.0026/407796.1 Morro Bay Firefighters �lssocintio�� 2017 - 2020 �IlOU
1U614 OVERTIME
10.4.1 Overtime is defined as all hours worked in excess of 106 hours worked in a 14 -day
work period. For those assigned to an 8 -hour day, overtime shall be defined as all
hours worked in excess of forty hours per week. Vacation time and compensatory
time off shall be treated as hours worked.
10.4.2 All overtime, as defined above, shall be paid at one and one-half (1.5) times the
employee's regular rate of pay. Compensatory time off earned, pursuant to 10.4.4
below, will accrue at one and one-half (1.5) times hours worked.
10.4.3 Employees, required to return to work on a scheduled vacation day, shall be paid at
the rate of 1.5 times their regular rate of pay for the hours actually worked.
10.4.4 Employees may elect compensatory time off (CTO) in lieu of paid overtime, subject
to the following provisions.
10.4.4.1 CTO may be elected for overtime incurred due to training time only.
10.4.4.2 Maximum CTO accrual will be 140 hours. All overtime earned after CTO
is accrued to the 140 -hour maximum will be paid in cash.
10.4.4.3 Accrued CTO maybe cashed out upon the request of the employee and the
approval of the department. CTO accrued at time of separation will be
paid off.
10.4.4.4 CTO may be taken off upon employee request and department approval.
CTO will not be approved if it will require overtime.
10.4.4.5 Other overtime provisions notwithstanding, employees forced to hold over
for 12 hours or more will receive time and one-half compensation for the
hours worked on that day.
10.5 EMERGENCIES
it)
.5.1 Nothing herein shall be construed to limit or restrict the authority of management to
make temporary assignments to different or additional locations, shifts, or duties for
the purpose of meeting an emergency.
10.5.2 Such emergency assignments shall not extend beyond the period of said emergency.
10.5.3 Short
—staffing, caused solely by absences due to employees taking approved paid
leave, shall not be considered an emergency.
01181.0 02 6/4 0 7 79 61 �ltorro Bny Firefighters Association 2017 - 2020 MOU
ARTICLE 11 VACATIONS AND HOLIDAYS
11.1 CITY and MBFFA agree that difficulties exist in equating the work schedules of fire fighters
to the work schedule of non -shift personnel, i.e., shift periods compared to hours and days
worked by other CITY employees. Therefore, a formula is agreed to for computing the
vacations and holiday periods for fire fighters. Such formula is agreed to be a ratio as
follows: Fire Fighter's total available shifts per year is to the general employees' total
available work days per year (260) as X is to the number of authorized vacation and holidays
days of the general employees, when X equals the amount of shifts off for Fire Fighters
comparing Fire Fighters to employees of equal tenure.
11.2 Pursuant to Section 11.1, the following lists the vacation and holiday annual accrual schedule
for members of the MBFFA assigned to shift work:
SERVICE VACATION HOLIDAY TOTAL ANNUAL SHIFTS/
YEARS ACCRUAL ACCRUAL ENTITLEMENT YEAR
0 thru 2 112.0 hrs. 146.96 lrrs. 258.96 hrs. 10.792
3 thru 4 123.2 hrs. 146.96 hrs. 270.16 hrs. 11.257
5 thru 6 134.4 lues. 146.96 hrs. 281.36 hrs. 11.723
7 thru 8 145.6 hrs. 146.96 hrs. 292.52 hrs. 12.19
9 thru 10 156.8 hrs. 146.96 lrrs. 303.76 hrs. 12.657
11 thru 12 168.0 hrs. 146.96 hrs. 314.96 hrs. 13.123
13 thru 14 179.2 hrs. 146.96 hrs. 326.16 hrs. 13.59
15 thru 16 190.4 hrs. 146.96 hrs. 337.36 hrs. 14.057
17 thru 18 201.6 hrs. 146.96 hrs. 348.56 hrs. 14.523
19 thru 20 212.8 hrs. 146.96 hrs. 359.76 hrs. 14.99
21 + 224.0 hrs. 146.96 hrs. 370.96 hrs. 15.547
11.3 MAXIMUM ACCUMULATION
It is recognized long-standing accumulations of vacation/holiday time exist for some
employees. In order to compensate employees for this unused time, CITY and MBFFA agree
on the following policy:
11.3.1 Unused vacation/holiday leave may be carried over into the following year to a
maximum of two times an employee's annual accumulation of vacation time plus one
year of holiday time. Employees exceeding the maximum, as of the pay period
containing November 1 of each year, will be paid off for time exceeding the
maximum. The CITY shall make said payment with the pay period containing
December 1 of each year. Payment shall be computed, based upon the employee's
base hourly rate of pay as of June 30 of the same calendar year.
11.3.2 Employees separating from the CITY are entitled to pay for the accumulated vacation
based upon employee's base hourly rate of pay at separation.
01181.0026/407796.1 Mo�•r•o Bny Fi�efrghters dssociation 2017 - 2020 n10U
1I .3.3 A member of the MBFFA may exercise an option to convert into cash a maximum of
one hundred twelve (112) hours of accrued vacation leave each fiscal year. Such
conversion shall be computed at the employee's current base hourly rate, on an hour -
per -hour basis.
11.4 The following holidays are used in Section 11.2 above, to determine total annual entitlement.
Employees may be scheduled to work on holidays. All employees, except those assigned to
8 -hour shifts, shall be compensated for holidays as provided in 11.2 above.
New Year's Day .................................
Martin Luther King, Jr., Day, .
Lincoln's Birthday, ............................
President's Day ..................................
MemorialDay, ..................................
Independence Day. .............................
LaborDay........... 9 0 0 0 .........................
Veteran's Day, ...0094 ...........................
Thanksgiving Day, ..............................
Day after Thanksgiving Day... ...............
Christmas Day, ..................................
Floating Holiday. ...............................
Floating Holiday. ...............................
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
July 4
1St Monday in September
November 11
4th Thursday in November
4tl' Friday in November
December 25
Varies
Varies
11.5 For any additional holiday proclaimed by the Mayor, shift employees shall be paid (not
banked) for 11.2 hours of work, and employees assigned to eight-hour duty shall receive the
holiday off. Employees may be scheduled to work on such holidays.
ARTICLE 12 SICK LEAVE
12.1 It is agreed that the firefighters will earn sick leave per month at the same ratio that their
assigned shift schedule compares to other full-time employees (1.4:1) for our shift
workers or (1.0:1) for eight-hour shift employees. There shall be no maximum number of
sick leave hours that a member of MBFFA may accrue.
12.2 All use of sick leave shall be charged on an hour -for -hour basis.
12.3 At termination, accumulated in the sick leave accrual is not compensable; however, upon
retirement, sick leave accrual maybe converted to additional time, as provided by California
Public Employees Retirement System (CalPERS) unused sick leave credit.
12.4 Any use of sick leave, covering a period beyond seven calendar days, may require approval
by a qualified medical authority for release to resume regular duties.
01 /8[.0026/407796.1 Dlorro Bay Fi�•efrghters Association 2017 - 2020 AIOU
12.5 Recognizing Section 12.1 above requires a transition from the method of accruing and
charging sick leave contained in earlier Memoranda of Understanding, the following
conversion of previously accrued sick leave shall be made:
12.5.1 For shift workers, all Sick Leave hours accrued, but unused, as of December 31,
2002, shall be multiplied by a factor of three (3) and shall become the employee's
Sick Leave Accrual account, until utilized on an hour for hour basis.
12.5.2 Credits added to the Sick Leave Accrual account for full-time employees, after the
date above, shall be 11.2 hours per month, or 0.046154 hours, for each regular hour
worked for part-time employees on shift work or eight (8) hours per month for
employees assigned to an eight-hour day.
12.6 Based on individual utilization of paid sick leave in the preceding calendar year, employee
may convert unused accumulated sick leave into paid vacation leave once per calendar year,
pursuant to the formula below:
Sick Leave Utilization
0 hours
25 to 8 hours
8.25 to 16 hours
16.25 to 25 hours
Over 25 hours
Maximum Conversion
Sick Leave To Vacation Leave
96 hours 48 hours
72 hours
48 36 hours
hours
24 hours
0 hours
24 hours
12 hours
0 hours
At least 160 accrued hours must remain in employee's sick leave bank for any employee to
be eligible for conversion, or for any conversion to be authorized. In addition, the right to
convert does not carry over or rollover from calendar year to calendar year; failure to request
conversion, in the current calendar year, eliminates the right to do so for that calendar year,
and does not permit employees to aggregate conversion hours in any other calendar year.
ARTICLE 13 RETIREMENT BENEFITS
13.1 It is the employee's obligation to contribute the employee's contribution to Ca1PERS. The
employee shall pay his/her own contribution by payroll deduction, consistent with the
provisions of 414 (h) 2 of the Internal Revenue Code (9% Ca1PERS Safety for classic
members; 50% of the expected normal cost, which is currently 23% (employee pays 11.5%),
for nera� members).
13.2 The CITY agrees to continue to provide MBFFA, hired prior to March 19, 2011, with a
retirement benefit program through the Ca1PERS as follows:
13.2.1 3% @ 50 formula (Section 21362.2)
13.2.2 Unused Sick Leave Credit (Section 20965)
13.2.3 Military Service Credit (Section 21023.5, 21024 & 21027)
01181.0026/407796.1 Morro Bay Firefighters Associatio» 201 7 - 202011I0U
13 .2.4 Final Compensation 1 year (Section 20042)
13.2.5 1959 Survivor Benefit Level 4 (Section 21574)
13.2.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 2155 1)
13.2.7 Retired Death Benefit $500 (Section 21620)
13.2.8 Prior Service (Section 20055)
13.2.9 Public Service Credit for Periods of Layoff (Section 21022)
13.3 All employees, hired on or after March 19, 2011, but before January 1, 2013, and those hired
on or after January 1, 2013, who meet the definition of classic member, pursuant to the
California Public Employee's Pension Reform Act of 2013 (PEPRA), in the regular, full-
time classifications listed in Article 3.1 of this MOU between the CITY and the MBFFA,
shall be provided with the following CalPERS retirement benefits:
13.3.1 3% @ 55 formula (Section 21363.1)
13.3.2 Unused Sick Leave Credit (Section 20965)
13.3.3 Military Service Credit (Section 21023.5, 21024 & 21027)
13.3.4 Final compensation 3 Year (Section 20037)
13.3.5 1959 Survivor Benefit Level 4 (Section 21574)
13.3.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551)
13.3.7 Retired Death Benefit $500 (Section 21620)
13.3.8 Prior Service (Section 20055)
13.3.9 Public Service Credit for Periods of Layoff (Section 21022)
13.4 Pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA),
effective January 1, 2013, Sworn employees hired, who meet the definition of netir> rnember
under PEPRA and are not eligible for reciprocity, will be provided the following Ca1PERS
benefits:
13.4.1 2.7% @ 57 formula (Section 7522.25(d))
13. 4.2 Unused Sick Leave Credit (Section 20965)
13.4.3 Military Service Credit (Sections 21023.5, 21024 & 21027)
13.4.4 Final compensation 3 Year (Section 20037)
13.4.5 1959 Survivor Benefit Level 4 (Section 21574)
13.4.6 Pre -Retirement Death Benefits (Section 21548 Option 2W and 2155 1)
13.4.7 Retired Death Benefit $500 (Section 21620)
13.4.8 Prior Service (Section 20055)
13.4.9 Public Service Credit for Periods of Layoff (Section 21022)
13.5 CITY and MBFFA to jointly explore the establishment of an employee -funded Retirement
Health Savings Account.
ARTICLE 14 HEALTH BENEFITS
14.1 CITY shall pay, to each active employee by each pay period, the monthly sum of the health
plan selected by the employee, and dental/life and vision plans. CITY and MBFFA agree
that CITY payment of this lump sum is to be used to provide medical care coverage for the
0l 181.0026/9077961 Alo�ro Bay Firefrghters Association 2017 - 2020 MOU
employee and/or employees dependents, and that the employees hold harmless the CITY, its
officers and agents, including, but not limited to, liability arising out of this MOU.
Employees will be supplied with the current division of payment for medical, dental/life, and
vision insurance between CITY and each employee in MBFFA, as changes occur during this
MOU.
14.2 HEALTH INSURANCE
14.2.1 For 2017, MBFFA shall receive a cafeteria plan contribution, including the minimum
contribution amount required by CalPERS, as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $1,109/month or cost of insurance, whichever is less
Employee + family - up to $1,421/month or cost of insurance, whichever is less
14.2.2 For 2018, MBFFA shall receive a cafeteria plan contribution, including the minimum
contribution amount required by CalPERS, as follows:
Employee only - up to $715/month or cost of insurance, whichever is less
Employee + 1 — up to $1,135/month or cost of insurance, whichever is less
Employee + family - up to $1,460/month or cost of insurance, whichever is less
14.3 DENTAL/LIFE AND VISION INSURANCE
Life Insurance is provided at $50,000 per employee. The following rates were effective
January 1, 2017:
Vision Dental Life Totals Cit�pays EE pays
Employee only $ 8.86 $ 55.47 $8.15 $ 72.48 $ 69.50 $ 2.93
Employee + 1 $ 16.59 $143.09 $8.15 $ 167.83 $ 156.08 $11.75
Employee + 2+ $ 22.59 $143.09 $8.15 $ 173.83 $ 161.62 $12.21
CITY will pay the remaining premium for dental, life and vision.
14.4 The provisions of this ARTICLE shall be binding on the parties through the remainder of this
MOU, and for the term of the MOU, which will be effective upon City Council approval.
The parties agree herewith to re -open discussion with respect to this ARTICLE, for any
changes to the 2019 and 2020 health rates.
ARTICLE 15 UNIFORM ALLOWANCE
The uniform for the Fire Depart
ment is a two-piece work uniform and two T-shirts, of a style,
material and manufacture determined by the Fire Chief. Two (2) complete uniforms will be provided
upon initial employment with the Fire Department, and replacements provided are on an "as needed
basis," as determined by the Fire Chief. The CITY will provide safety footgear of a type, style, and
01181.0026/407796.1 illwro Bay Firefrglaters Association 2017 - 2020 AIOU
manufacture, as recommended by the Fire Chief. CITY is responsible for normal upkeep, i.e., heels
and soles, with replacement as determined by the Fire Chief.
ARTICLE 16 SALARIES
16.1 Effective July 1, 20175 the CITY shall provide a COLA increase to base salaries for all Unit
classifications in the amount of two percent (2%).
16.2 Any and all education/ special pay incentives will be added to base salary.
16.3 Electronic Deposit. All employees hired after January 1, 2003, shall receive their pay by
electronic methods. New hires must present account information for a checking or a savings
account, with an ACH member financial institution.
16.4 CITY conducted a salary survey for informational purposes for successor negotiations as
previously agreed in the MBFFA MOU 2016-2017. The salary surveys exchanged used the
survey cities of Arroyo Grande, Atascadero, CDF, Cambria, Paso Robles, and San Luis
Obispo,
16.5 Contingent upon satisfaction of the following financial terms and conditions, the CITY shall
provide a COLA increase to be effective July 1, 2018 to base salaries for all Unit
classifications in the amount of two percent (2%) for the 2018-2019 fiscal year:
o Total major General Fund Revenues (Property Tax, Sales Tax and Transient
Occupancy Tax) meet or exceed the combined forecasted amount of $9,406,194
(matches FYI 7/18 budget adopted by Council). This figure shall be based on current
tax rates (currently 1 % Property Tax, 1.0% CITY Sales Tax, 10% TOT). In the event
of increased tax rates, such increased rates would not count towards increased
revenue receipts for this purpose.
o The Ca1PERS investment rate of return (i.e. "Discount Rate") to take effect in FYl 8-
19 does not drop below the rates announced by CAPERS on December 21, 2016,
causing the CITY's contribution to Ca1PERS to increase more than $100,000 beyond
the current budgeted amounts for the General Fund.
o The CITY does not become responsible, during FY17-18, for any state/federally
imposed unfunded mandates from any external sources) that require significant
unplanned/ un -forecasted General Fund expenditure(s) of more than $300,000 in a
fiscal year, including significant natural disasters affecting the CITY. Any such
expenditure(s), cumulatively totaling $300,000 in a fiscal year or more, will be
counted as a reduction in the combined revenue amount discussed in this section on
which the various conditions are based, resulting either in a lower employee bonus or
reduction in the intended COLA increase to I% or 0%.
01181.0 02 6/4 0 7 79 6.1 Mor�•o Bay Firefighters Association 2017 - 2020 MOU
16.5.1 Contingencies in the event of a revenue shortfall for FY 2017-18:
o If total major General Fund Revenues are less than $71,000 below the forecasted
amount (i.e. more than $9,335,194), then the COLA will be 2%, effective July 1,
2018.
o If total major General Fund Revenues are between $71,000 and $141,999 below the
forecasted amount (i.e. between $9,264,195 - $9,335,193), then the COLA will be
1%, effective July 1, 2018.
o If total major General Fund Revenues are $142,000 or more below the forecasted
amount (i.e. less than $9,264,194), there will be no COLA effective July 1, 2018.
16.5.2 Timing of July 1, 2018 COLA, if any:
o If the CITY determines, based on revenues received as of June 1, 2018, that it is
reasonable to assume the combined receipts will meet or exceed the General Fund
revenue threshold, then the COLA will be effective as of July 1, 2018.
o If meeting the General Fund revenue threshold is not a reasonable assumption as of
June 1, 2018, then the parties agree to wait for actual receipts to be posted, which the
CITY anticipates will occur by the end of August. If the threshold is met at the time
actual receipts are received, the CITY agrees to implement the COLA retroactive to
July 1, 2018.
16.5.3 Potential One -Time Lump Sum Payment in the event of revenue surplus for FY
2017/18
o If the conditions described in Section 16.5 are satisfied, and total major General Fund
Revenues for FY 2017/18 are above forecast, then m addition to the 2%COLA, 20%
of the amount above the forecast amount will be divided equally by the number of
full-time equivalent (FTE) employees and such amount shall be distributed to
MBFFA-represented Employees in the form of a one-time lump sum payment.
16.6 Contingent upon satisfaction of the following financial terms and conditions, the CITY shall
provide a COLA increase effective July 1, 2019 to base salaries for all Unit classifications in
the amount of two percent (2%) for the 2019-2020 fiscal year:
o Total major General Fund Revenues (Property Tax, Sales Tax and Transient
Occupancy Tax) meet or exceed the combined forecasted amount of $9,395,906
(matches 10 -year forecast). This figure shall be based on current tax rates (currently
1% Property Tax, 1.0% City Sales Tax, 10% TOT). In the event of increased tax
0!181.002 6/4 0 7 79 61 Morro Bcry Firefrghters Association 2017 - 2020 MOU
rates, such increased rates would not count towards increased revenue receipts for
this purpose.
o The CaERS investment rate of return (i.e. "Discount Rate") to take effect in FYI 9-
20 does not drop below the rates announced by CalPERS on December 21, 2016,
causing the CITY's contribution to CalPERS to increase more than $100,000 beyond
the current budgeted amounts for the General Fund.
o The CITY does not become responsible, during FY18-19, for any state/federally
imposed unfunded mandates from any external source(s) that require significant
unplanned/ un -forecasted General Fund expenditure(s) of more than $300,000 in a
fiscal year, including significant natural disasters affecting the CITY. Any such
expenditure(s), cumulatively totaling $300,000 in a fiscal year or more, will be
counted as a reduction in the combined revenue amount discussed in this section on
which the various conditions are based, resulting either in a lower employee bonus or
reduction in the intended COLA increase to 1% or 0%.
16.6.1 Contingencies in the event of a revenue shortfall for FY 2018-19:
o If total major General Fund Revenues are less than $71,000 below the forecasted
amount (i.e. more than $9,322,906), then the COLA will be 2%, effective July 1,
2019.
o If total major General Fund Revenues are between $71,000 and $141,999 below the
forecasted amount (i.e. between $9,253,907 - $9,335,194), then the COLA will be
1%, effective July 1, 2019.
o If total major General Fund Revenues are $142,000 or more below the forecasted
amount (i.e. less than $9,253,906), there will be no COLA effective July 1, 2019,
16.6.2 Timing of July 1, 2019 COLA, if any:
o If the CITY determines, based on revenues received as of June 1, 2019, that it is
reasonable to assume the combined receipts will meet or exceed the General Fund
revenue threshold, then the COLA adjustment will be effective as of July 1, 2019.
o If meeting the General Fund revenue threshold is not a reasonable assumption as of
June 1, 2019, then the parties agree to wait for actual receipts to be posted, which the
CITY anticipates will occur by the end of August. If the threshold is met at the time
actual receipts are received, the CITY agrees to implement the COLA retroactive to
July 1, 2019.
01181.0026/407796.1 nlorro Bay Firefrg/Iters Association 2017 - 2020 nIOU
o In the event of a 0% COLA in FY 2019/20, the parties agree to retain the option to
re -open discussion regarding COLAs for FY 2019/20.
16.6.3 Potential One -Time Lump Sum Payment in the event of revenue surplus for FY
2018/19
If the conditions described in Section 16.6 are satisfied, and total maj or General Fund
Revenues for FY 2018/19 are above forecast, then in addition to the 2% COLA, 20%
of the amount above the forecast amount will be divided equally by the number of
full-time equivalent (FTE) employees and such amount shall be distributed to
4131717A -represented Employees in the form of a one-time lump sum payment.
16.7 The threshold amounts for the COLA contemplated in Section 16.5, potentially occurring in
the 2018-2019 fiscal year, will be based on the CITY's adopted 2017-2018 fiscal year
budget. The threshold amounts for the COLA contemplated in Section 16.6, potentially
occurring in the 2019-2020 fiscal year, will be based on the CITY's 10 -year budget forecast
presented to City Council on Feb 28, 2017. The threshold amounts referenced in this Article
16 are based on the following calculations:
COLA Year Affected
FY18-19
FY19-20
Combined Receipts Forecast
FY1748 Budget
FY18-19 Forecast
Property Tax
Property Tax In -Lieu (VLFAA)
Subtotal Property Tax
2,944,306
1,004,328
35948,634
35034,754
1,037,401
45072,155
Sales Tax (local & triple -flip)
1,777,664
1,7455439
Sales Tax (Prop 172 -Safety)
127,345
1239525
Subtotal Sales Tax
1,9055009
1,8685964
Transient Occupancy Tax
3,552,551
35454,787
Combined Total Threshold
$95406,194
$95395,906
ARTICLE 17 SPECIAL PAY PRACTICES
17.1 MEDIC DIFFERENTIAL
17.1.1 An employee, certified as an EMT -P (Paramedic), shall receive an annual incentive
of $6,088.68. This incentive is calculated as 9% of a Step 5 firefighter's salary
($67,652 x 9%). The incentive will be paid on a bi-weekly payroll in the amount of
$234.18.
17
.1.2 The CITY may require any employee to attend EMT -P training.
01187.0026/4077961 Morro Bay Firefighters Association 2017 - 2020 MOU
17.2 CALL -OUT PAY
17.2.1 It is agreed that the CITY will guarantee a minimum of three (3) hours pay, computed
at straight hourly rates, for any MBFFA member called back to duty from an off-duty
status.
17.2.2 If an employee is called to return to duty, such call -out shall not be canceled until the
employee reports to the Fire Station. To be eligible to receive the minimum, the
employee must report to the Fire Station,
17.2.3 If an employee is on -duty and held beyond the end of the work period, time worked
will be paid as actual hours worked, under Section 10.4 of this MOU. Such holdover
shall not qualify for Call -out Pay,
17.3 WORKING OUT -OF -CLASS
Employees maybe worked on an out -of --class assignment only as provided in the Personnel
Rules and Regulations of the CITY, except as provided herein below:
17.3.1 Employees shall receive an additional 5%compensation for out -of --class assignments
that last 24 consecutive hours. Such additional 5% pay shall start on the 25th hour,
retroactive to the first hour of the out -of -class assignment. Such additional
compensation shall be paid during the first six (6) months of the out -of -class
assignment.
17.3.2 If the assignment is extended by six (6) months, then starting on the first day of the
extension:
17.3.2.1 The employee shall continue to receive the 5%compensation, if the out -
of -class assignment is required to fill an absence due to an employee who
is out on 4850 leave.
17.3.2.2 The employee shall receive an additional 5% for a total of 10%additional
compensation, if the out -of --class assignment is required to fill a vacant
position.
17.3.3 An employee placed in an out -of --class assignment will not be taken off that
assignment for the sole purpose of avoiding the payment provided above.
17.3.4 Whenever possible, CITY intends to fi
ll vacancies with qualified employees.
17.3.5 Short-term out -of --class assignments (such as acting captain) will be paid on an hour -
for -hour basis.
01181.002 6/4 0 7 79 6.1 Morro Bcry Firefighters Association 2017 - 2020 D�fOU
17.4 STANDBY PAY
Compensation for standby duty for acting Fire Chief position, when not called back to duty,
shall be paid two (2) hours of overtime pay (acting rate) per full 24-hour shift.
17.5 SPECIAL ASSIGNMENT PAY
17.5.1 Unit members, possessing the appropriate certification as determined by the City, and
assigned to work as part of the Rescue Water Craft program operating specialized
equipment, shall receive additional compensation of two percent (2%) of base pay.
This incentive is limited to a maximum of six (6) designated employees, starting
upon approval of this MOU, but may be expanded to eight (8) designated employees,
upon approval of City Manager and City Council approval of the additional budgeted
funds. City makes no representations as to whether this special pay may be included
in a Unit member's "compensation earnable" for purposes of determining the Unit
member's Ca1PERS retirement allowance.
17.5.2 Unit Members, possessing the appropriate certification as determined by the City,
and assigned to work as part of the San Luis Obispo County Hazardous Materials
Team shall receive additional compensation of two percent (2%) of base pay. This
incentive is limited to a maximum of two (2) designated employees, starting upon
approval of this MOU.
ARTICLE 18 HEALTH AND SAFETY ARTICLE
18.1 Management shall provide and maintain safe and healthy work facilities and equipment.
18.2 Safety and health conditions in employment in the CITY are subject to the provisions of
State and Federal legislation, which regulates the health environment and safety conditions of
the work place.
18.3 A Citywide Safety/Loss Control Committee shall be established, and shall review accidents,
review alleged safety deficiencies, and recommend safety training and safety equipment. The
MBFFA may appoint one Unit representative to serve on the committee. If the committee
meets, during the designated employee's normal working hours, the employee shall receive
paid release time to attend the meeting.
18.4 If an employee becomes alerted to an unsafe condition or health hazard, he/she shall report
such condition to his/her immediate supervisor. If such conditions cannot be satisfactorily
remedied by the immediate supervisor, an employee has the right to submit the matter either
personally, or through the steward, to his/her Department Head, or designated safety
representative. On any matter of safety not resolved, after proceeding through the above
process, consultation will take place between management and the MBFFA, if requested.
18.5 A first aid kit shall be furnished and maintained at work facilities readily and conveniently
accessible to MBFFA employees.
01181.0026/407796.1 �l�lo��•o Bay Firefrghters Association 2017 - 2020 A
10U
l 8.6 Management agrees to provide to employees, who are exposed to potentially toxic agents or
toxic materials, the appropriate medical services at no cost to the employee.
18.7 Any safety equipment required by the CITY shall be furnished by the CITY.
ARTICLE 19 MINIMUM STAFFING
19.1 CITY agrees to provide minimum staffing of three full-time personnel except in cases of
emergency as determined by the Fire Chief.
a. Exception: For brief transitional periods lasting 10 hours or less, minimum staffing may
be allowed to drop to a minimum of two with the Chiefs approval.
19.2 Prior City Strategic Plans have recommended the CITY provide 4 -person daily staffing in the
Fire Department.
a. The CITY and MBFFA agree that 4 -person full-time minimum staffing will be provided
in the MOU, when a second fire station or second company is staffed and operational.
The 4 -person minimum refers to the total on -duty staffing of full-time firefighters in the
CITY.
b. The CITY currently staffs a single, two-piece suppression company consisting of an
engine and a rescue. This response configuration is not affected by item a. above.
19.3 The CITY agrees to cap the total number of part-time, unrepresented firefighters to one per
scheduled 24-hour shift.
a. Exception: In an emergency, and for mutual aid response coverage, the CITY may have
more than one reserve firefighter working 244hour shifts, provided the CITY is meeting
its minimum staffing requirements.
19.3.1 The Fire Chief may assign the least senior qualified Engineer as a floater to fill shifts
when other Unit members are off on leave, training, or otherwise unable to cover
their assigned shifts. There may also be some situations whereby it may be a benefit
to both parties wherein the Fire Chief may assign a represented member who may
need to flex their schedule as the floater upon the agreement of both the Fire Chief
and the member.
19.3.2 The CITY will post a work schedule every 30 days for the vacation relief position,
and provide 96 hours notice prior to making schedule changes. There will be no more
than two schedule changes within each 30 -day schedule.
01181.0026/d07796.1 Dlo�ro Bcry FirefrgJ7ters flssocintiwz 2017 - 2020 �tIOU
ARTICLE 20 PERSONNEL RULES
Parties recognize the applicability and agreement with the Personnel Rules utilized by the CITY for
all employees. From time to time, the Personnel Rules may be amended, and the CITY will offer the
opportunity to meet and confer on those items, within the scope of bargaining. Nothing in this article
shall make the CITY's Personnel Rules subject to the Grievance Procedure.
ARTICLE 21 LAYOFFS
The parties agree to use the layoff procedure as set forth in 2.32.120 of the CITY's Municipal Code
along with the CITY Layoff Policy.
For purposes of workforce reductions, as outlined by the CITY's Personnel Rules and Regulations,
shifts worked by part-time, unrepresented employees will be eliminated prior to a reduction in full-
time MOU-represented personnel.
ARTICLE 22 PROCESSING OF FORMAL GRIEVANCES
22.1 The MBFFA agrees that whenever investigation or processing of a grievance is to be
transacted during working hours, only the amount of time necessary to bring about a prompt
disposition of the matter will be utilized. It is further agreed that the time spent on an
investigation and processing of grievances will not interfere with the normal operation of the
department. CITY agrees to provide a reasonable amount of time for the investigation and
the processing of a grievance, but by so agreeing does not imply that the processing or
investigation of a grievance shall take priority over normal functions of the department.
22.2 CITY further agrees that any payment of overtime arising because of MBFFA personnel's
involvement in grievance investigation or processing shall not be authorized. Time spent on
the investigation and processing of grievances will be recorded on a form provided by CITY.
Stewards will be permitted reasonable time -off with pay for the investigation and processing
of grievances provided, however, stewards shall first obtain permission from the department
head and/or his/her designee and inform him/her of the nature of his/her business. CITY
shall grant such permission promptly unless such absence would cause an undue interruption
of work or would require the CITY to pay overtime in order to maintain the normal operation
of the department.
22.3 Upon entering the work location, the steward shall inform the depart
ment head and
supervisor of the nature of his/her business. Permission to leave a job will be granted to the
employee involved unless such absence would cause an interruption of work. If the
employee cannot be made available, the steward will seek an alternate time for employee
availability with the department head or supervisor.
22.4 It is agreed that in some instances the investigation and processing of a grievance may be
accomplished on the employee's time. This MOU is in recognition of the mutual sharing of
costs involved in the handling of employee -initiated actions.
01181.002 6/4 0 7 79 6.1 A�Iorro Bay Firefighters Association 2017 - 2020 MOU
22.5 Procedures shall be in accordance with Resolution No. 46-74 and any amendments thereto.
ARTICLE 23 ELIMINATION OF FIRE SERVICE
If the fire service function %J the CITY is merged into another agency, or if another agency assumes
said function, then prior to such action, the CITY shall meet and confer with MBFFA concerning the
effects of such action.
ARTICLE 24 NO STRIKE, NO LOCK -OUT
24.1 During the life of this MOU, the CITY will not lock out any employees nor will the MBFFA
cause, authorize, advise or encourage any interruption of work or any other concerted refusal
to render services or to work, including overtime or any other curtailment or restriction of
work at any time during the term of this MOU. The term "interruption of work" shall mean
any work stoppage or strike (including economic and unfair labor practice strikes) or any
intentional slow down of work.
24.2 There shall be no refusal to work on, handle or produce any materials or equipment because
of a labor dispute.
24.3 Any employee engaging in any action prohibited by this Article shall be subject to immediate
discharge or such other discipline as the CITY may assess. Such discharge or discipline shall
not be reviewable through the Grievance Procedure,
ARTICLE ZS FULL UNDERSTANDING, MODIFICATION, WAIVER
25.1 This MOU sets forth the full and entire understanding of the parties, regarding the matters set
foI h herein, and any other prior or existing understanding or MOUs by the parties, whether
formal or informal, regarding any such matters are hereby superseded or terminated in their
entirety.
25.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its
right to negotiate, and agrees that the other party shall not be required to negotiate, with
respect to any matter covered herein.
25.3 No agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall in any manner be binding upon the parties hereto
unless made and executed in writing by all parties hereto, and if required, approved by the
CITY and ratified by the membership of the MBFFA.
25.4 The waiver of any breach of any term, or condition of this MOU by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
01181.0026/407796. / �llo��o Bay Firefrghters Association 2017 - 2020 MOU
ARTICLE 26 SEVERABILITY
If any provisions) are held to be contrary to law by a court of competent jurisdiction, such
provisions will not be deemed valid and subsisting except to the extent permitted by law, but all
other provisions will continue in full force and effect.
ARTICLE 27 —JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal
construction or interpretation to be made of this MOU, the same shall not be construed against any
party.
ARTICLE 28 —CITY COUNCIL APPROVAL
The CITY's labor relations representatives and the MBFFA's representatives have met and conferred
in good faith on wages, hours and other terms and conditions of employment for the unit members
represented by the MBFFA and have reached agreements which are set forth in this MOU. This
MOU when executed by the CITY's labor relations representatives and the MBFFA's representatives
constitutes a joint recommendation therefrom, after ratification of the MBFFA's membership, to be
submitted to the City Council for its determination and approval by resolution, as the City Council
may deem fit and proper. This Memorandum of Understanding is of no force or effect unless or until
approved and adopted by a resolution of the City Council.
ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL
The foregoing sections in this Article 29 shall apply only to the position of Fire Marshal. The Fire
Marshal's work schedule, and entitlement to overtime, compensatory time off, vacation leave, and
holiday leave shall only be as provided in this Article 29.
29.1 Work Schedule.
Workday. The normal workday shall be eight hours of work in a 24 -consecutive hour
period, except incases of emergencies. That work schedule may be altered to conduct
inspections during special CITY events and is subject to call back for emergencies.
In no case shall the Fire Marshal cover 24-hour shifts.
29.1.2. Work Shift. The Fire Marshal shall be scheduled to work on regular work shift
s
having regular starting and quitting times.
29.1.3. Work Week. The normal workweek shall be five workdays and two consecutive
days of rest in a seven-day period, beginning Saturday, 12:00 a.m., and ending seven
days later on Friday night at 11:59 p.m., except in cases of special CITY events or
emergencies, or at the specific request of the Fire Marshal and approval of the fire
chief.
01181.0026/407796.1 ATorro Bny Firefighters Association 2017 - 2020 MOU
29.1.4. Overtime Compensation. Overtime for the Fire Marshal is defined as all work
required by the CITY, and actually performed beyond 40 hours worked in a
workweek, as defined by FLSA, and shall be compensated at one and one-half times
the employee's regular rate of pay, as defined by FLSA. The Fire Marshal shall not
be eligible for daily overtime. Vacation time and compensatory time off shall be
treated as hours worked. The Fire Marshal shall not be entitled to a premium rate of
pay for work on Saturdays, Sundays, holidays, or regular days of rest, provided
he/she does not work beyond 40 hours in a workweek. (For example, if due to a
special CITY event, the Fire Marshal works five, eight-hour work days from
Wednesday through Sunday, he/she will not be entitled to any premium rate of pay.)
29.1.5 Compensator. The Fire Marshal shall be eligible to elect for compensatory
time off (CTO) in lieu of paid overtime, subject to the foregoing requirements and
restrictions. Compensatory time off earned will accrue at one and one-half (1.5)
times hours worked. CTO may be elected for overtime incurred due to professional
training time only. Maximum CTO accrual will be 100 hours. All overtime earned
after CTO is accrued to the 100 -hour maximum will be paid in cash. Accrued CTO
may be cashed out upon the request of the Fire Marshal and the approval of the
department. CTO accrued at time of separation will be paid off. CTO may be taken
off upon Fire Marshal request and department approval. CTO will not be approved if
it will require overtime.
29.2. Vacation Leave. All leave time (vacation, sick leave, holiday, etc.) must be taken on an
hour4or4hour basis, equaling actual time off, regardless of accumulation rates.
During the term of this AGREEMENT, paid vacation leave for the Fire Marshal position
shall be earned at the following rate:
SERVICE YEARS
1 thru 2
3 thru 4
5 thru 6
7 thru 8
9 thru 10
11 thru 12
13 thru 14
15 thru 16
17 thru 18
19 thru 20
21 or more
ENTITLEMENT IN DAYS
10
11
12
13
14
15
16
17
18
19
20
The standard for vacation time is eight (8) hours equals one (1) day.
01181.0026/107796.1 Dtorro bay Fi�•efrghlers Association 2017 - 2020 MOU
The Fire Marshal may exercise an option to convert into cash a maximum of forty (40) hours
of accrued vacation leave each fiscal year. Such conversion shall be computed at the
employee's current base hourly rate, on an hour -per -hour basis.
Unused vacation leave may be carried over, into the following year, to a maximum of two
hundred twenty (220) hours. In the event the Fire Marshal exceeds the 220 -hour maximum as
of the pay period containing November 1 of each year, he/she will have the following options
related to the excess hours:
a. Cash out;
b. Convert hours to sick leave on an hour -for -hour basis; and/or
c. Paid to deferred compensation.
The CITY shall take said actions) with the pay period containing December 1 of each year.
Payment shall be computed, based upon the employee's base hourly rate of pay as of June 30
of the same calendar year.
In the event of separation from the CITY, the Fire Marshal shall be entitled to pay for
accumulated vacation, prior to separation, at his/her current base hourly rate of pay.
29.3 Holiday Leave. For the purpose of this AGREEMENT, the following days are the holidays
for the employee in the Fire Marshal position:
Independence Day ..............................
LaborDay. * 0 0 * 6 6 a & 0 0 4 * a 4 a 6 6 6 0 6 0 0 9 9 1 * 0 0 6 0 * 0 0 0 0 a a a 0
Veteran's Day. . 4 0 & 4 9 0 M 0 0 & 0 * a 8 0 9 4 0 0 M 0 0 W * 0 . 0 * 4 0 a 0 a
Thanksgiving Day. . 9 0 a 0 a 6 1 a 6 * 6 4 * 4 * 0 0 0 a 6 * & a t 0 * 0 0 0
Day after Thanksgiving Day. .................
Christmas Day ...................................
New Year's Day. .
Martin Luther King, Jr., Day. .....................
Lincoln's Birthday .............................
President's Day. .................................
Memorial Day. ..................................
Floating Holiday. . 0 a
Floating Holiday. . 6 6
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
Varies
Varies
Holidays falling on Saturday shall be observed on the preceding Friday and holidays falling
on Sunday shall be observed on the following Monday. Such observed holidays shall be
considered designated holidays for purposes of overtime.
One holiday equals eight (8) hours. It is agreed that when a holiday is proclaimed by the
Mayor of the CITY, the Fire Marshal shall be granted time -off in the same number of
equivalent work hours. Such time -off shall authorized by the Fire Chief.
01181.0026/407796.1 Adorro Bay Firefrghters Association 2017 - 2020 AIOU
The Fire Marshal may accumulate up to a maximum of forty-eight (48) hours of holiday
time. Hours of holiday time, accumulated over 48 hours will be paid off. When the Fire
Marshal terminates employment with the CITY, he/she shall receive pay for his/her current
holiday balance, up to a maximum of 48 hours, at his/her current base hourly rate.
CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
The first payroll including July 1, the Fire Marshal's leave bank will be credited with 16
hours floating holiday.
29.4 One-year Review. The CITY and MBFFA agree to review the Fire Marshal position and job
description in one year to ensure the positioning is functioning as expected.
MORRO BAY FIRE FIGHTERS ASSN,
IAFF LOCAL 3725
Michael Hoese
CITY OF MORRO BAY
Colin Tanner, Deputy City Attorney/Lead
Negotiator
13ana Swanson, City Clerk
Laurie Goforth,
Resources Analyst
01181.0026/407796.1 Morro Bay Firefighters Association 2017 - 2020 MOU
The Fire Marshal may accumulate up to a maximum of forty-eight (48) hours of holiday
time. Hours of holiday time, accumulated over 48 hours will be paid off. When the Fire
Marshal terminates employment with the CITY, he/she shall receive pay for his/her current
holiday balance, up to a maximum of 48 hours, at his/her current base hourly rate.
CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
The first payroll including July 1, the Fire Marshal's leave bank will be credited with 16
hours floating holiday.
29.4 One-year Review. The CITY and MBFFA agree to review the Fire Marshal position and job
description in one year to ensure the positioning is functioning as expected.
MORRO BAY FIRE riIGHTCRS ASSN CITY OF MORRO BAY
IAFF LOCAL 3725
Xz f/Z91 /,"/
Michael Hoese
. AV��
Grant Brady
City Manager
Colin Tarnier, Deputy City Attorney/Lead
Negotiator
'15ana Swanson, City Clerk
&a,6 �- A&jk
Laurie Goforth, H an Resources Analyst
01181.00261407796. / Morro Bay Firefighters Associalion 2017 - 2020 jVOU
FY 17/18 MBFFA SALARY SCHEDULE
TITLE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
FIREFIGHTER
569771
595610
625590
65,720
69,006
FIRE ENGINEER
625066
655169
683428
715849
75,442
FIRE CAPTAIN
715345
745912
785658
82,591
86,720
FIRE MARSHAL
84,693
885927
933374
98,042
102,944
01181.0026/407796.1 4lor�•o Bay Firefrghters Association 201 7 - 2020 4100