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Home My WebLink AboutReso 50-23 approving MBFFA Side Letter Agr Eng probationRESOLUTION NO. 50-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725 CHANGING FIREFIGHTER PROBATION REQUIREMENTS AND DURATION 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 ("MBFFA MOU 2022-2024") was duly approved by the City Council and is in effect from July 1, 2022 through June 30, 2024; and WHEREAS, the City's labor relations representatives and MBFFA representatives have participated in ongoing good faith meet and confer labor negotiations over the terms of an amendment to the MBFFA MOU 2022-2024 ("Amendment No. I") regarding probation requirements and duration; and WHEREAS, the City and MBFFA have agreed, contingent on City Council approval to an Amendment No. 1 whereby the probationary period for Fire Fighters would be shortened from eighteen (18) months to twelve (12) months; and WHEREAS, the City and MBFFA have also agreed to remove the requirement to meet the Engineer requirements as part of the entry level Firefighter probation; and WHEREAS, this Amendment No. 1 was ratified by the MBFFA on June 20, 2023; and WHEREAS, this Amendment No. 1 is subject to City Council acceptance and approval, which is made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AS FOLLOWS: The City Council hereby approves Amendment No. 1 to the MBFFA MOU 2022-2024, a copy of which is attached hereto as Exhibit 1, effective beginning August 9, 2023. Amendment No. 1 shall not be in full force and effect until approved by resolution of the City Council and fully executed. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 8rh day of August 2023, by the following vote: AYES: Wixom, Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSED: None CARLA WIXOM, Mayor ATTEST: 2i& ftANA SW SON, City Clerk EXHIBIT 1 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725 JULY 15 2022 — JUNE 305 2024 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 ("MBFFA MOU 2022-2024") was duly approved by the City Council and is in effect from July 1, 2022 through June 30, 2024; and WHEREAS, the City's labor relations representatives and MBFFA representatives have participated in ongoing good faith labor negotiations over the terms of an amendment to the MBFFA MOU 2022-2024 regarding probation requirements and duration; and WHEREAS, the City and MBFFA have agreed, contingent upon City Council approval to an amendment to the MBFFA MOU 2022-2024, that the probationary period for Fire Fighters be shortened from eighteen (18) months to twelve (12) months; and WHEREAS, the City and MBFFA have also agreed to remove the requirement to meet the Engineer requirements as part of the entry level Fire Fighter probation; and WHEREAS, the City's labor relations representatives and MBFAA representatives desire to memorialize this agreement by means of a first amendment to the MBFFA MOU 2022-2024 ("Amendment No. I"), pursuant to the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511); and WHEREAS, the representatives of the City and MBFFA have jointly prepared this Amendment No.l, which was ratified by MBFFA on June 20, 2023, and is presented to City Council of the City of Morro Bay for its consideration; and WHEREAS, this Amendment No. 1 shall not be in full force and effect until adopted by resolution by the City Council of the City; and WHEREAS, except as provided in this Amendment No. 1 to the MBFFA MOU 2022-2024, all other provisions of the MBFFA MOU 2022-2024 shall remain in full force and effect. NOW, THEREFORE, it is hereby agreed that the MBFFA MOU 2022-2024 is amended in the following particulars only: 01181.0026/911693.1 Section 1. Article 3, Section 3.3 of the MBFFA MU 2022-2024 shall be amended to read as follows (deletions in stfiketIff,,,,gb., additions in bold italics): eemplement of the, Meffe Bay Fire Depaftmefft femains at ten (10) of less, effieiepA opefation of the \- pefsap,fiel elassified as Fire Fightef hired aftef the effeetive date. of this M pfovided #iat they have sefved for- eighteen (18) mei#hs v4th the CITY in the Fire they have been feeommended by the Fire Chief fef promotion and ha that they h&ve sueeessfdlly eampleted six semesterm units of Fire Setenee eourses tatf an institution appr-eved by the Fife Chief The CITY shall make evefy efP9ft ta will be detefmined by the Fire Chief subjeet to the appfeyal of the G4Y of Fife Engineeras, Aeeor-diflgly, CITY agrees to pr-ofnete to Fife Engineer - When vacancies are identified in the ranks of Fire Engineer, Fire Captain, these vacancies shall be filled by a competitive testing process. This process may be done as an internal recruitment or an open testing process based on the number of qualified internal candidates as determined by the Fire Chief The current number of fullAime Fire Engineer positions is nine (9) and the number of Captains is three 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 sb(6) three (3) months after the date of failure. 3.3.3 The probationary period for new -hire employees and employees promoted to a new rank or position shall be twelve (12) months. There shall be a job position task book for the positions of Firefighter, Fire Engineer and Fire Captain that must be completed prior to the end of the probationary period. The probationary period may be extended an additional three (3) years to allow for completion of Paramedic training for employees hired with the requirement of obtaining a Paramedic certification. Successful completion of a probationary period includes receiving passing scores on all written and manipulative tests, satisfactory evaluations, completion of "capstone testing" if required by the position, and successfully obtaining any required certifications for the position. Internal candidates may be promoted prior to completing all required certifications for the position and will have the duration of the probationary period to complete and obtain all required certifications." Section 2. Except as expressly provided for in this Amendment No. 1 to the MBFFA MOU 2022-2024, all other provisions of the MBFFA MOU 2022-2024 shall remain in full force and effect. 01181.0026/911693.1 Section 3. Furthermore, this Amendment No. 1 to the MBFFA MOU 202M024 shall not be in full force and effect until approved by resolution of the City Council of the City of Morro Bay and fully executed. IT IS SO AGREED: CITY OF MORRO BAY BY: City Manager Human Resources Manager MORRO BAY FIREFIGHTERS ASSOCIATION Travis Hasch President BY: its 01181.0026/911693.1