HomeMy WebLinkAboutReso 74-22 approving MBFFA MOU 2022-24RESOLUTION NO. 74-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE SUCCESSOR MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725
FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2024
THE CITY COUNCIL
Morro Bay, California
WHEREAS, the City of Morro Bay ("City") has, and continues to, recognize the Morro Bay
Firefighters Association, IAFF Local 3725 ("MBFFA"), as the sole exclusive employee
organization representing the City's fire fighting employees as defined by the parties in their labor
agreements, for all matters concerning wages, hours and other terms and conditions of
employment; and
WHEREAS, the current Memorandum of Understanding ("MOU") between the City and
MBFFA ("MBFFA MOU 2020-2022"), which was duly approved by the City Council on June 22,
2021, expired June 30, 2022; and
WHEREAS, the City and MBFFA entered into negotiations for a successor MOU covering
the period of July 1, 2022 through June 30, 2024; and
WHEREAS, the City's labor relations representatives and the MBFFA representatives
successfully met and conferred to negotiate a successor 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, 2022
through, and including, June 30, 2024 ("MBFFA MOU 2022-2024"), which was ratified by MBFFA
on or about August 2, 2022; and
WHEREAS, the MBFFA MOU 2022-24 is subject to City Council acceptance and approval,
which are made a part hereof by this reference; and
WHEREAS, once approved by the City Council, the MBFFA MOU 2022-24 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. The above recitals are true and correct.
Section 2. The City Council approves the MBFFA MOU 2022-2024 as the successor
MOU between the City and MBFFA for the period of July 1, 2022 through, and including, June
30, 2024, a copy of which is attached hereto as Exhibit 1.
Section 3. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
Section 4. This resolution shall be effective immediately upon its passage and adoption.
01181.0026/799029.1
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 9th day of August 2022, by the following vote:
AYES:
Headding, Addis, Barton, Ford, Heller
NOES:
None
ABSENT:
None
ABSTAIN:
None
JOHN F,EADPING, Mayo
ATTEST:
ANA S A SON, City Clerk
BETWEEN
FIREFIGHTERS ASSOCIATION,
IAFF LOCAL 3725
THE CITY OF MORRO BAY
JULY 19 2022 - JUNE 30, 2024
Table of Contents
ARTICLE1 PURPOSE.............................................................................................................I
ARTICLE2 MANAGEMENT..................................................................................................
I
ARTICLE 3 MBFFA RECOGNITION.....................................................................................3
ARTICLE 4 MBFFA BUSINESS.............................................................................................4
ARTICLE 5 AUTHORIZED AGENTS.....................................................................................5
ARTICLE 6 WITHHOLDING OF MBFFA DUES AND INSURANCE ...................................
6
ARTICLE 7 TERM...................................................................................................................
6
ARTICLE 8 RENEGOTIATIONS............................................................................................7
ARTICLE 9 ANTI-DISCRIMINATION...................................................................................
7
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 29).....................7
ARTICLE 11 VACATIONS AND HOLIDAYS.........................................................................8
ARTICLE 12 SICK LEAVE.....................................................................................................
I I
ARTICLE 13 RETIREMENT BENEFITS................................................................................12
ARTICLE 14 HEALTH BENEFITS.........................................................................................13
ARTICLE 15 UNIFORM ALLOWANCE................................................................................14
ARTICLE 16 SALARIES.........................................................................................................14
ARTICLE 17 SPECIAL PAY PRACTICES.............................................................................15
ARTICLE 18 HEALTH AND SAFETY ARTICLE..................................................................17
ARTICLE 19 MINIMUM STAFFING......................................................................................17
ARTICLE 20 PERSONNEL RULES........................................................................................18
ARTICLE 21 LAYOFFS..........................................................................................................18
ARTICLE 22 PROCESSING OF FORMAL GRIEVANCES....................................................19
ARTICLE 23 ELIMINATION OF FIRE SERVICE..................................................................19
ARTICLE 24 NO STRIKE, NO LOCK-OUT...........................................................................19
ARTICLE 25 FULL UNDERSTANDING, MODIFICATION, WAIVER................................20
ARTICLE 26 SEVERABILITY................................................................................................20
ARTICLE 27 JOINT DRAFTING........................................................................21
ARTICLE 28 CITY COUNCIL APPROVAL............................................................21
ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL............................................................................22
Morro Bay Firefighters Association 2022 - 2024 1IOU Page i
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725
AND THE CITY OF MORRO BAY 2022 - 2024
ARTICLE I PURPOSE
WHEREAS, the City of Morro Bay is a municipal corporation, existing under the laws of the State
of California as a general law city (hereinafter referred to as the "CITY"); and
WHEREAS, the CITY 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
of Morro Bay; and
WHEREAS, the prior Memorandum of Understanding between the CITY and MBFFA, which was
approved June 22, 2021 pursuant to Resolution No. 33-21 and covered the period July 1, 2020
through June 30, 2022 ("MBFFA MOU 2020-22") expired by its own terms on June 30, 2022; and
WHEREAS, the CITY and MBFFA now desire to enter into a successor MOU to the MBFFA
MOU 2022-2024.
THEREFORE, this Memorandum of Understanding (hereinafter referred to as the "MOU") is
entered into as of July 1, 2022, 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
employment.
ARTICLE 2 MANAGEMENT
2.1 In order to ensure that the CITY shall continue to carry out its public safety functions,
programs, and responsibilities 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:
Morro Bay Firefighters Association 2022 - 2024 AIOU Page 1
2.1.1 To manage the Fire Department, 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.
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.
Morro Bay Firefighters Association 2022 - 2024 hIOU Page 2
2.1.13 To determine qualifications, 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.
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.
2.1.17 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
Morro Bay Firefighters Association 2022 - 2024 N10U Page 3
Fire Marshal
Firefighter/Paramedic
Firefighter
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 It is 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
of pay, to attend "meet and confer" sessions with the City Manager, and/or their 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 their 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
tllorro Bay Firefighters Association 2022 - 2024 MOU Page 4
or other authorized CITY management official; and 2) any such meeting is subject to
scheduling by CITY management, in a mamler consistent with operational needs and work
schedules.
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.
4.5 New Hire Information and Orientation per AB 119. The CITY will notify MBFFA's
designated representative in writing or via email regarding all new hires at least ten (10) days
prior to the employee's orientation unless there is an urgent need that was not reasonably
foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay
period of the month following the hire of each newly hired employee, the CITY will provide
the MBFFA's designated representative with the new employee's name, job title,
department, work location, home mailing address, personal email, and work, home and
personal cell phone numbers.
The new hire will receive a copy of this MOU with their new employee orientation packet.
MBFFA shall be permitted one (1) hour for each orientation session to talk to new Unit
members to explain the rights and benefits under this MOU.
The CITY will provide MBFFA's designated representative a quarterly list of all employees
in the represented bargaining unit, including the employee's name, job title, department,
work location, home mailing address, personal email, and work, home and personal cell
phone numbers.
Notwithstanding the foregoing, the CITY will not provide MBFFA with the home address,
home telephone number, personal cellular telephone number, or personal email address or
date of birth of any employee who has made a written request to the CITY regarding non-
disclosure of said information.
The parties will mutually agree on a form to use to track said employee information and
whether any employee requests that such information not be disclosed.
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.
ARTICLE 5 AUTHORIZED AGENTS
For the express purpose of administering the terms and provisions of this MOU:
Morro Bay Firefighters Association 2022 - 2024 MOU Page 5
5.1 Management's principal authorized agent shall be the City Manager, or their 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
their duly authorized representative(s) (address 715 Harbor St., Morro Bay, CA 93442).
ARTICLE 6 WITHHOLDING OF MBFFA DUES AND INSURANCE
6.1 As the recognized majority and/or exclusive employee organization, the MBFFA requests
that the CITY deduct membership dues, initiation fees, and general assessments, as well as
payment of any other membership benefit program sponsored by the MBFFA, from the
wages and salaries of members of the MBFFA. The MBFFA hereby certifies that it has and
shall maintain all such deduction authorizations signed by the individual from whose salary
or wages the deduction is to be made and shall not be required to provide a copy of an
individual authorization to the CITY unless a dispute arises about the existence or terms of
the authorization. The MBFFA membership dues shall be deducted each pay period in
accordance with CITY procedures and provisions of applicable law from the salary of each
employee whose name is provided by the MBFFA. 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 fiom 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 a CITY -approved
Credit Union, providing the MBFFA makes arrangements for such services that are
acceptable to both members and CITY.
ARTICLE 7 TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from July 1, 2022
through June 30, 2024.
Iforro Bay Firefighters Association 2022 - 2024 11OU Page 6
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, 2023 to January 31, 2024, 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, 2024.
8.2 The parties agree that, except by mutual agreement, no new subjects may be introduced into
the process after the third (3rd) 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, 2024, whichever first occurs.
ARTICLE 9 ANTI -DISCRIMINATION
The CITY and MBFFA mutually agree they will not discriminate against employees for the exercise
of their 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 workweek shall average fifty-six (56) hours of work in a seven (7) consecutive
day period, except in cases of emergency.
10.4 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.
Alorro Bay Firefighters Association 2022 - 2024 MOU Page 7
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 may be 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.
10.4.4.5 Other overtime provisions notwithstanding, employees forced to holdover
for 12 hours or more will receive time and one-half compensation for the
hours worked on that day.
10.5 EMERGENCIES
10.5.1 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.
ARTICLE I I VACATIONS AND HOLIDAYS
11.1 CITY and MBFFA agree that difficulties exist in equating the work schedules of fie 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.
Morro Bay Firefighters Association 2022 - 2024 MOU Page 8
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 his.
258.96 hrs.
10.792
3 thru 4
123.2 his.
146.96 hrs.
270.16 hrs.
11.257
5 thru 6
134.4 hrs.
146.96 his.
281.36 his.
11.723
7 thru 8
145.6 his.
146.96 hrs.
292.52 hrs.
12.19
9 thru 10
156.8 his.
146.96 his.
303.76 his.
12.657
11 thru 12
168.0 hrs.
146.96 hrs.
314.96 his.
13.123
13 thru 14
179.2 hrs.
146.96 hrs.
326.16 his.
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 thm 20
212.8 hrs.
146.96 hrs.
359.76 hrs.
14.99
21 +
224.0 hrs.
146.96 his.
370.96 his.
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 ofvacation 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.
11.3.3 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. This provision shall expire on December 31, 2022 with the
implementation of Section 11.3.4.
11.3.4 Effective January 1, 2023, employees will be provided an option to convert up to one
hundred twelve (112) hours of accrued vacation into compensation per calendar year,
subject to meeting the requirements of Section 11.3.4.1.
11.3.4.1 To be eligible for cash out of accrued vacation leave pursuant to
Morro Bay Firefighters Association 2022 - 2024 MOU Page 9
Section 11.3.4, an MBFFA employee must pre -elect the number of vacation
hours they will cash out, up to a maximurn of one hundred twelve (112)
hours, by December 15 of the preceding calendar year (tivith December 15,
2022 being the election deadline for cash out in 2023). The election will
apply only to vacation hours to be accrued in the next calendar year. The
election to cash out vacation hours in each designated year is irrevocable
once made. MBFFA employees who elect to cash out vacation leave hours
must cash out the number of accrued hours pre -designated on the irrevocable
election form provided by the City. MBFFA employees who pre -designate
cash out vacation leave hours may request a cash out at any time in the
designated calendar year by submitting a cash out request at least 30 days in
advance to Human Resources. Human Resources will confirm the cash out
vacation hours have been accrued and is consistent with the amount the
MBFFA employee pre -designated, then forward to payroll to complete the
cash out request. If the frill amount of vacation leave hours designated for
cash out is not available at the time of cash out request, the maximum
available will be paid, but the remaining pre -designated vacation leave hours
will have to be cashed out before year end.
For MBFFA employees who have not requested payment of the elected cash out
amount by November 1 of each year, payroll will automatically cash out the pre -
designated amount in a paycheck issued on or after the payroll date including
November 1. Additionally, the City may, prior to the end of the calendar year,
automatically cash out the vacation leave accrued each pay period by a MBFFA
employee such that the vacation leave cash out is consistent with the employee's pre -
elected number of vacation leave cash out hours for that year.
MBFFA employees iMo do not pre -designate vacation leave cash out hours or r-vho
decline the cash opt option by the December 15 deadline tivill be deemed to have
ivaived the right and will not be eligible to cash out any vacation leave in that year.
11.4 The following holidays are used in Section 11.2 above, to determine total amlual 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 ..................................
Memorial Day ...................................
Independence Day ..............................
LaborDay ........................................
Veteran's Day ...................................
Thanksgiving Day ...............................
Day after Thanksgiving Day ..................
January 1
3rd Monday in January
February 12
3rd Monday in February
Last Monday in May
July 4
1st Monday in September
November 11
4t1i Thursday in November
4t1i Friday in November
Morro Bay Firefighters Association 2022 - 2024 MOU Page 10
Christmas Day ................................... December 25
Floating Holiday ................................ Varies
Floating Holiday ................................ 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 24-hour 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 may be converted to additional time, as provided by California
Public Employees Retirement System (Ca1PERS) 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.
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
Maximum Conversion
Sick Leave To
96 hours
72 hours
48 hours
Vacation Leave
48 hours
36 hours
24 hours
Morro Bay Firefighters Association 2022 - 2024 At10U Page 11
16.25 to 25 hours 24 hours 12 hours
Over 25 hours 0 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 CalPERS. The
employee shall pay their own contribution by payroll deduction, consistent with the
provisions of 414 (h) 2 of the Internal Revenue Code.
13.1.1 Following City Council approval of the MBFFA MOU 2022-24, the CITY will
implement cost sharing retroactive to the fist full payroll period including July 1, 2022.
Pursuant to Government Code section 20516(f), all MBFFA members will contribute an
additional 2% to CalPERS as cost sharing for a total CalPERS Classic Tier 1 & Tier 2
contribution of 11% and PEPRA Members (Tier 3) paying the statutorily mandated
employee contribution rate of one half of the total normal cost plus 2% of the employer cost.
The 2% contribution will be pre-tax pending approval by City Council and implementation a
CalPERS Contract Amendment pursuant to Government Code section 20516. Following
implementation of the CalPERS Contract Amendment, the 2% contribution will be pre-tax.
It is expressly understood and agreed that the City has no authority or jurisdiction by which
to bind CalPERS, the Internal Revenue Service (IRS), the Franchise Tax Board or any other
agency (collective "Entities) to a determination that such contributions are indeed pre-tax.
Thus the parties acknowledge and agree that the City shall have no liability to any individual
unit employee or the collective bargaining unit should any of the aforementioned Entities
reject treatment of said contributions as pre-tax
13.1.2 Effective no sooner than the pay period including July 1, 2023, CalPERS Classic
Member Tier 1 & 2 MBFFA members shall make an additional 1 % cost sharing contribution
to the employer's contribution to CalPERS for a total CalPERS contribution of 12%.
13.2 The CITY agrees to continue to provide MBFFA, hired prior to March 19, 2011, with a
retirement benefit program through the CalPERS 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)
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 & 21551)
13.2.7 Retired Death Benefit $500 (Section 21620)
13.2.8 Prior Service (Section 20055)
Dlorro Bay Firefighters Association 2022 - 2024 dIOU Page 12
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 Ca1PERS 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 new member
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 21551)
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.
13.6 Effective the pay period including July 1, 2022, the CITY will contribute, on a 2:1 basis (i.e.,
employee contributes $2, and CITY contributes $1) with CITY maximum of $1,200.00 per
employee in any calendar year, to an employee's deferred compensation 457 plan.
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
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.
Morro Bay Firefighters Association 2022 - 2024 MOU Page 13
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
For 2022, MBFFA shall receive a cafeteria plan contribution, including the minimum
contribution amount required by Ca1PERS, as follows:
Employee only - up to $767/month or cost of insurance, whichever is less
Employee + 1 — up to $1,232hizonth or cost of insurance, whichever is less
Employee + family - up to $1,589/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, 2022 and continue through June 30, 2024 unless other renegotiated between the
parties by means of a re -opener:
Vision
Dental
Life
Totals
Ci1y pays
EE pays
Employee only $ 8.29
$ 57.81
$8.70
$ 74.80
$ 71.87
$ 2.93
Employee + 1 $ 15.58
$159.98
$8.70
$ 184.26
$ 172.51
$11.75
Employee + 2+ $ 22.17
$159.98
$8.70
$ 190.85
$ 178.64
$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 the
term of this 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 2024
health rates.
ARTICLE 15 UNIFORM ALLOWANCE
The uniform for the Fire Department 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 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 the pay period including July 1, 2022, the CITY shall provide a Cost of Living
Adjustment (COLA) increase to base salaries for all MBFFA represented members of eight
percent (8.00%) contingent upon the implementation and commencement of payment of the
Alorro Bay Firefighters Association 2022 - 2024 MOU Page 14
2% cost sharing contribution by all MBFFA represented employees to the employer's
contribution to CalPBRS as provided in Section 13.1.1 (see Exhibit A).
16.2 Effective the pay period including July 1, 2023, the CITY shall provide a COLA increase to
base salaries for all MBFFA members of four percent (4.00%) contingent upon the
implementation and commencement of payment of an additional 1% cost sharing
contribution to the employer's contribution to Ca1PERS by Ca1PERS Classic Tier 1 & 2
MBFFA members as provided in Section 13.1.2 (see Exhibit B).
16.3 Any and all education/ special pay incentives will be added to base salary.
16.4 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.
ARTICLE 17 SPECIAL PAY PRACTICES
17.1 MEDIC DIFFERENTIAL
17.1.1 Effective the pay period including July 1, 2022, an employee, certified as an EMT-P
(Paramedic), shall receive Paramedic Incentive Pay calculated as 10% of base salary
to be paid on a bi-weekly basis.
17.1.2 The CITY may require any employee to attend EMT-P training.
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 may be 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,
Morro Bay Firefighters Association 2022 - 2024 A10U Page 15
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
assigmnent.
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 assigmnent 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
assigmnent for the sole purpose of avoiding the payment provided above.
17.3.4 Whenever possible, CITY intends to fill 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.
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 frill 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.
Morro Bay Firefighters Association 2022 - 2024 MOU Page 16
17.6 CELL PHONE STIPEND
Effective July 1, 2022, CITY will provide a monthly stipend of $50.00 to MBFFA
represented employees required to use their personal cell phone for CITY business. This
provision shall not apply to employees who have been issued a CITY -owned cell phone or
table that serves the same business purpose.
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, they shall report
such condition to their 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 their 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.
18.6 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.
Morro Bay Firefighters Association 2022 - 2024 D110U Page 17
a. The CITY and MBFFA agree that 4-person frill -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 fitll-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 24-hour 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.
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
and the CITY's Personnel Rules.
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.
dforro Bay Firefighters Association 2022 - 2024 MOU Page 18
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 their designee and inform him/her of the nature of their 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 department head and
supervisor of the nature of their 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.
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 of 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.
Morro Bay Firefighters Association 2022 - 2024 MOU Page 19
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 25 FULL UNDERSTANDING, MODIFICATION, WAIVER
25.1 This MOU sets forth the fill and entire understanding of the parties, regarding the matters set
forth 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.
ARTICLE 26 SEVERABILITY
If any provision(s) 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
Morro Bay Firefighters Association 2022 - 2024 A1OU Page 20
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.
29.1.1. Workday. The normal workday shall be eight hours of work in a 24-consecutive
hour period, except in cases 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 shifts
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.
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 they
do 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, they will not be entitled to any premium rate of pay.)
29.1.5 Compensatory Time. 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
Morro Bay Firefighters Association 2022 - 2024 MOU Page 21
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
hour -for -hour 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
ENTITLEMENT IN DAYS
1 thru 2
10
3 thru 4
11
5 thru 6
12
7 thru 8
13
9 thru 10
14
11 thru 12
15
13 thru 14
16
15 thru 16
17
17 thru 18
18
19 thru 20
19
21 or more
20
The standard for vacation time is eight (8) hours equals one (1) day.
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, they 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 action(s) 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 their 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:
Morro Bay Firefighters Association 2022 - 2024 MOU Page 22
Independence Day ................... I.......... July 4
Labor Day ........................................ 1 st Monday in September
Veteran's Day ................................... November 11
Thanksgiving Day ............................... 4th Thursday in November
Day after Thanksgiving Day .................. 4th Friday in November
Christmas Day ................................... December 25
New Year's Day ................................. January 1
Martin Luther King, Jr., Day ...................... 3rd Monday in January
Lincoln's Birthday ............................. February 12
President's Day .................................. 3rd Monday in February
Memorial Day ................................... Last Monday in May
Floating Holiday ................................ Varies
Floating Holiday ................................ 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.
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, they shall receive pay for their current
holiday balance, up to a maximum of 48 hours, at their 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.
--SIGNATURES ON NEXT PAGE--
Dllorro Bay Firefighters Association 2022 - 2024 D110U Page 23
MORRO BAY FIREFIGHTERS ASS' V,
. z Ai��-
-A- 56
Mic 1ae1 elly
CITY Ole IV ORRO 13AY
Colin Tanner, Deputy City Attorney/Lead
Negotiator
11, na Swanson, City Clerk
Laurie Goforth, II11111a -sources Analyst
Horro Boy Rrefighlers Assodalion 2022 - 2024 AIOU Page 24
EXHIBIT A
CITY OF MORRO BAY
FY 22/23 MBFFA SALARY SCHEDULE
Retroactive to pay period including July 1, 2022
TITLE
STEP I
STEP 2
STEP 3
STEP 4
STEP 5
Firefighter
66,979
70,328
73,845
77,537
81,414
Fire Engineer
73,226
76,887
80,732
84,768
89,007
Firefighter/Paramedic
73,677
77,361
81,229
85,291
89,555
Fire
Engineer/Paramedic
80,549
84,576
88,805
93,245
97,908
Fire Captain
84,173
88,382
92,801
97,441
102,313
Fire
Captain/Paramedic
92,590
97,220
102,081
107,185
112,544
Fire Marshal
99,922
104,918
110,164
115,672
1 121,455
Morro Bay Firefighters Association 2022 - 2024 AIOU Page 25
1�i�i�1i i
CITY OF MORRO BAY
FY 23/24 MBFFA SALARY SCHEDULE
TITLE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
Firefighter
69,658
73,141
76,798
80,638
84,670
Fire Engineer
76,155
79,963
83,961
88,159
92,567
Firefighter/Paramedic
76,624
80,455
84,478
88,702
93,137
Fire
Engineer/Paramedic
83,771
87,959
92,357
96,975
101,824
Fire Captain
87,540
91,917
96,513
101,338
106,405
Fire
Captain/Paramedic
96,294
101,109
106,164
111,472
117,046
Fire Marshal
103,919
109,115
114,571
120,299
126,314
Morro Bay Firefighters Association 2022 - 2024 hIOU Page 26