HomeMy WebLinkAboutReso 40-24 approving 3-year MOU with MBFFA (FY24-25 - FY26-27)RESOLUTION NO. 40-24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING THE TENTATIVE AGREEMENT FOR AND 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, 2024 THROUGH JUNE 30, 2027
THE CITY COUNCIL
City of 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 covering the period July 1, 2022 through June 30, 2024 was duly approved by the City
Council on August 9, 2022 ("MBFFA MOU 2022-2024"); and
WHEREAS, the City and MBFFA entered into negotiations for a successor MOU covering
the period of July 1, 2024 through June 30, 2027; and
WHEREAS, the City's labor relations representatives and the MBFFA representatives
successfully met and conferred to negotiate both a Tentative Agreement for the successor MOU
and also the 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 Tentative
Agreement ("MBFFA MOU 2024-2027 Tentative Agreement"), and the successor MOU between
the City and MBFFA, for the period July 1, 2024 through, and including, June 30, 2027 ("MBFFA
MOU 2024-2027"), both of which were ratified by MBFFA on or about June 13, 2024; and
WHEREAS, the MBFFA MOU 2024-2027 Tentative Agreement and MBFFA MOU 2024-27
are both subject to City Council acceptance and approval; and
WHEREAS, the MMBA requires pursuant to Government Code Section 3505.1 as follows:
"If a tentative agreement is reached by the authorized representatives of the public agency
and a recognized employee organization or recognized employee organizations, the
governing body shall vote to accept or reject the tentative agreement within 30 days of the
date it is first considered at a duly noticed public meeting. A decision by the governing
body to reject the tentative agreement shall not bar the filing of a charge of unfair practice
for failure to meet and confer in good faith. If the governing body adopts the tentative
agreement, the parties shall jointly prepare a written memorandum of understanding."
WHEREAS, once approved by the City Council the MBFFA MOU 2024-27 Tentative
Agreement and the MBFFA MOU 2024-27 shall become binding agreements between the City
and MBFFA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, AS FOLLOWS:
01181.0026n99029.1
Section 1. The above recitals are true and correct.
Section 2. The City Council approves the MBFFA MOU 2024-2027 Tentative Agreement
between the City and MBFFA for the period of July 1, 2024 through, and including, June 30, 2027,
a copy of which is attached hereto as Exhibit 1.
Section 3. The City Council approves the MBFFA MOU 2024-2027 as the successor
MOU between the City and MBFFA for the period of July 1, 2024 through, and including, June
30, 2027, a copy of which is attached hereto as Exhibit 2.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
Section 5. This resolution shall be effective immediately upon its passage and adoption.
PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular
meeting thereof held on the 25th day of June 2024, by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
1
CARLA XOM, Mayor
ATTEST:
NA SWANSON, City Clerk
Morro Bay Firefighters Association Local 3725
2024 Negotiation Proposal #3
June 12, 2024
1.
Contract Length
3 years
Agreed
2.
Wages - COLA
3% increase each contract year
Agreed
3.
Wages — Market
5% - year 1
Agreed
adjustment
3% - year 2
3% - year 3
4.
Paid Leave
All paid hours to count as actual hours
Agreed
worked
5.
Vacation accrual
Increase vacation accrual for all service
Awaiting city's response
years to median level with comparable
City agrees 6/12/24
cities
6.
Longevity Pay
20 years —1 %
Agreed
25 years — 2%
30 years — 3%
7_
Insurances
MedicaVDentaWision (city's current
Agreed
proposal)
&
Incentives -
$40/pay period BA
To clarify city's proposal of $1000 — BA per year and $2000 MA
Education
$80/pay period MA
per year City agrees 6/12/24
9.
Incentives—
$75/month written Spanish
Agreed
Bilingual Pay
$75/month spoken Spanish
The parties agree to this Tentative Agreement dated June 12, 2024.
�1icGcaeG fC. 7aG�tar�g�
Michael K. Talmadge (Jun 13, 202413:49 T)
Michael Talmadge, Fire Captain
Je � pson (Jun 13, 2024 15:52 PDT)
Jeff Simpson, Fire Captain
lCerri/y �
Kevin Hames (Jun 13, 202416:09 PDT)
Kevin Hames, Fire Engineer
Rachael Hendricks, HR/Risk Manager
Emily Conrad un 14, 202410:53 PD7)
Emily Conrad, Finance Director
� a � � � � • �
AND
� � •
Table of Contents
ARTICLE1 PURPOSE...............................................................................................................................................................1
ARTICLE2 MANAGEMENT, . 6 4 6 4 0 0 6 f 4 6 4 9 * 4 0 9 0 4 0 4 f 4 9 * a p a p I a b a 9 a * a b a 0 6 F 0 F a 6 a v 0 a 6 0 a 6 a 0 6 4 a 6 0 v 6 a 0 4 0 0 4 0 1 0 0 0 04 1 0 4 0 4 0 9 0 4 0 4 0 9 0 4 4 4 0 4 9 4 9 1 4 v 1 4 4 0 0 4 4 0 4 14 0 1 0 4 0 9 R a R a 9 a 9 a B 9 6 6 6 a v 0 * a 6 a 6 4 a 1 6 a 6
ARTICLE 3 MBFFA RECOGNITION...............................................................................................................................14
ARTICLE4 MBFFA BUSINESS. . a m a 0 6 9 m 4 6 6 a m I A a 6 4 0 4 0 0 0 4 4 0 6 4 4 9 * 4 0 9 # 4 1 0 0 4 m R 4 9 4 a p a R 9 1 a a a 0 1 a 9 a 9 0 a 6 v 6 4 6 9 0 0 v 1 0 p v 0 v k v 6 a 6 a 6 a 6 1 v a 6 6 a 0 a 6 a 6 0 6 0 t 1 0 6 6 0 0 * 4 9 t 0 0 4 0 4 1 0 4 0 t 4 p 0 4 4 B 4 9 1 m a 9 a 5
ARTICLE5 AUTHORIZED AGENTS................................................................................................................................6
ARTICLE 6 WITHHOLDING OF MBFFA DUES AND INSURANCE..............................................................6
ARTICLE7 TERM.......................................................................................................................................................................7
ARTICLE8 RENEGOTIATIONS. . a a a a 0 & a & a 0 0 6 a 9 a 6 4 a 4 a 6 a 0 B 0 * a 4 4 4 4 0 6 1 m t m * a m a m b a m s m m * a m a m 9 * a a a m * a 6 a 6 0 0 4 1 a & a 4 a 4 6 0 6 4 a 6 1 6 6 6 a & 1 0 a 6 a 6 6 1 6 a 6 v 6 4 t 6 a 6 6 a 6 a 6 4 4 a 4 0 s 4 6 4 * 6 4 m a m m 4 4 m a a b a a b a 7
ARTICLE 9 ANTI—DISCRIMINATION...............................................................................................................................7
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 30)..............................................7
ARTICLE 11 VACATIONS AND HOLIDAYS..................................................................................................................9
ARTICLE12 SICK LEAVE. . 4 4 # 4 q 6 4 0 4 a 4 4 m a a h 6 d m a m s a a m 4 a 6 a m a m * 0 9 a 9 * 0 9 a a 0 * 0 a 0 a 0 q 0 0 4 0 4 4 0 4 0 0 4 4 m 4 6 4 4 0 * m 6 4 0 6 d 0 a d d m m & a 0 m a b a a a m a m 6 m & m 4 m 4 m & m & a m a d g a 4 & a m a 0 4 m a m * a a 9 a m b a B a 1 0 A 0 4 v 0 4 0 m 4 v 0 4 m A 4 0 6 11
ARTICLE 13 RETIREMENT BENEFITS. . a 6 4 0 b 6 * a 6 a 6 4 6 & 6 B 6 4 6 A 6 4 6 6 4 6 * 6 # a 4 * 4 6 6 4 4 4 0 # B 4 A & m a 4 a m a & a s m m 4 a a m a m & m s m * a 0 1 a m * a & a m a a 4 a s i b a m A a 9 a a a a a 6 4 6 a 1 6 0 4 a 6 a 6 6 6 4 4 0 4 6 4 4 6 4 6 4 4 4 612
ARTICLE 14 HEALTH BENEFITS..................................................................................................................................14
ARTICLE 15 UNIFORM ALLOWANCE..........................................................................................................................15
ARTICLE16 SALARIES............................................................................................................................................................15
ARTICLE 17 SPECIAL PAY PRACTICES. . a 4 a a B a 0 0 0 a 4 m 0 4 & m 0 9 0 4 m 4 m 6 a 0 * m h # * h * 0 6 A d 0 m d 6 a 0 a m & a & m * h a m a a m & a a m * a 0 & m a 0 a 0 a m a a 6 a m a 9 & 0 s s m b 0 0 B 9 a 4 a B a 4 a 0 4 9 a 0 q 0 a 4 a 6 6 4 0 0 4 m * 0 & p * 15
ARTICLE18 HEALTH AND SAFETY..............................................................................................................................18
ARTICLE19 MINIMUM STAFFING..................................................................................................................................18
ARTICLE20 PERSONNEL RULES. . a B a * a * a s a 0 a a a 0 s 0 4 a 0 4 0 4 0 4 6 6 6 4 m 4 4 * 4 0 4 0 # 4 * * Ed 4 4 m & d m * m m a m * a & m m a b a & m a b a 4 a s a b a m a 0 & 0 a a a 0 * a 0 a 0 6 0 t 0 1 a 4 & a B a 9 a 4 a a 9 4 0 0 a 0 0 4 4 4 4 6 4 6 6 0 0 A 4 m 0 d A * 4 19
ARTICLE21 LAYOFFS............... a 4 4 6 6 & 1 4 6 a 6 a 6 4 a 6 6 4 6 6 0 4 * 6 4 4 4 0 # 4 0 4 6 0 A 4 0 0 # 4 # a 0 a m * a m 4 m * a a 9 a a 4 1 9 * a 0 & 1 9 a 0 4 6 6 a a 6 so a 6 0 0 6 6 a 6 0 4 A 6 a 0 # 6 A 6 a 6 B a 6 a 6 # 0 4 6 4 6 1 6 a 6 * 6 4 6 4 4 6 # 4 6 4 4 4 0 4 & 4 0 & a 0 4 m 0 a a & a 9 4 19
ARTICLE 22 PROCESSING OF FORMAL GRIEVANCES..................................................................................20
ARTICLE 23 ELIMINATION OF FIRE SERVICE. . d & m 6 m m & m * a m 4 m 0 4 a m 4 m b & a m a 9 * a a a 9 0 0 0 a F 0 1 4 a B 0 * 0 b a s 0 0 a 0 a 9 a 4 a 0 a 0 0 0 0 a 9 0 4 4 4 0 * 0 0 a 9 20
ARTICLE24 NO STRIKE, NO LOCK -OUT. . 4 0 6 0 * I * 0 * t # I * 0 4 0 0 4 0 4 4 0 B 4 0 4 4 9 f a 9 4 0 p a p 4 0 9 a 9 a 9 0 0 1 a a a 6 1 0 a 9 a 0 0 a * a & 0 b a t m 0 a 9 a 0 9 0 0 m I m a 0 a 9 a 6 & 6 1 6 6 * a 6 1 6 a 6 * 0 4 0 * 4 0 4 0 0 $ 4 0 4 p 0 0 4 2 1
ARTICLE 25 FULL UNDERSTANDING, MODIFICATION, WAIVER. . 0 0 m B m * 6 F a F a 9 a 0 a 6 a & 4 a t m t 6 a 6 a * * 6 1 6 * * a 6 a 6 9 6 4 9 4 0 * 4 0 4 4 4 4 a pmp*eeo 21
ARTICLE 26 SEVERABILITY...............................................................................................................................................21
ARTICLE 28 CITY COUNCIL APPROVAL,. 6 4 me a 6 4 6 4 6 0 4 6 4 me 4 4 4 0 so 0 & 4 a 0 9 0 BE a 0 0 a 9 * me a a 4 a 0 a 9 0 1 4 a 0 4 6 0 * 4 0 6 * 6 4 0 0 6 1 0 me 6 a 0 0 0 6 a 1 6 0 6 a 0 a 6 me 4 6 * B 4 6 a 6 4 6 0 4 4 6 * 4 * 4 0 0 me B6640425
ARTICLE 29 WORK AND LEAVE PROVISIONS FOR FIRE
MARSHAL., ... 0*4 44 4 4*4 00*44 Ohba SEE 9040044044 00 404 64 6*04 04 40 As BE 04 m as 6*4 BOB 064 to 6*4 stood ate voted B*44seso*d 9040 be 9041 me 044 Be W04 Be Be 00044*tq 44 6*4 40*06d as seem At bee 425
Morro Bny Ftr•efrgltters Association 2024 - 2027 MOU
Page I
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725
AND THE CITY OF MORRO BAY 2024 - 2027
ARTICLE 1 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, ratherthan 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; a n d
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 August 9, 2022 pursuant to Resolution No. 74-22 and covered the
period July 1, 2022 through June 30, 2024 ("MBFFA MOU 2022-24"); and
WHEREAS, the CITY and MBFFA now desire to enter into a successor MOU to the
M B F FA M O U 2024-202 7.
THEREFORE, this Memorandum of Understanding (hereinafter referred to as the
"MOU") is entered into as ofJuly 1, 2024, 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 bylaw, 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
Morro Bay Firefighters Association 2024 - 2027 hIOU
Page 1
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:
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, offacts 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 bywhich the CITYfire 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 anywork
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
Ma•ro Bay Firefighters Association 2024 - 2027 MOU
Page 2
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 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 (intea- 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.
Morro Bay Firefighters Association 2024 - 2027 MOU
Page 3
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
It or "employees" as used herein is comprised of the following
classifications:
Captain/Paramedic
Capta i n
Engineer/Paramedic
Engineer
Fire Marshal
Firefighter/Paramedic
Firefighter
3.2 Employees working on a regular basis in a classified position, but less than 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 PROMOTION PROCESS AND PROBATIONARY PERIOD
3.3.1 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 qualified full-time
Fire Engineer positions is nine (9) and the number of Captains is three
(3).
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 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
Morro Bay Firefighters Association 2024 - 2027 MOU
Page 4
all required certifications/or the position and will have the duration ofthe
probationary period to complete and obtain all required certifications.
ARTICLE 4 MBFFA BUSINESS
4.1 Employee representatives, designated bythe 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 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.
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, with prior
notice to the Fire Chief. The Fire Chief has the authority to deny and/or cancel
said meeting, if it conflicts with official CITY activities or MBFFD duties.
4.5 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 MBFFAwith 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.
Morro Bay Firefigltters Association 2024 - 2027 h10U
Page 5
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:
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 President or their
designee 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 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.
Morro Bay Firefighters Association 2024 - 20271LIOU
Page 6
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.
13 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
July1, 2024through June 30, 2027.
ARTICLE 8 RENEGOTIATIONS
8.1 In the event either party wants to renegotiate a successor MOU, such party shall
serve upon the other, prior to January 31, 2027, 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, 2027.
8.2 The parties agree that, except by mutual agreement, no new subjects may be
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,
2027, 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
3S02.
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL. SEE ARTICLE 30)
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 atwenty-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
Morro Bay FireTghters Association 2024 - 2027 MOU
Page 7
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,
10.4.2 All paid leave, including vacation time, bereavement, sick time, and
compensatory time off shall be treated as hours worked for the purposes
of calculating overtime.
10.4.3 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.
10.4.4 Employees, required to return to work on an approved vacation day, shall
be paid at the rate of 1.5 times their regular rate of pay for the hours
actually worked.
10.4.5 Employees may elect compensatory time off (CTO) in lieu of paid
overtime, subject to the following provisions.
10.4.5.1 CTO may be elected for overtime incurred due to training time
only.
10.4.5.2 Maximum CTO accrual will be 140 hours. All overtime earned
after CTO is accrued to the 140-hour maximum will be paid in
cash.
10.4.5.3 Accrued CTO may be cashed out upon the request of the
employee and the approval ofthe department. CTO accrued at
time of separation will be paid off.
10.4.5.4 CTO may betaken off upon employee request and department
approval.
Morro Btry Firergltters Association 2029 - 2027 DIOU
Page 8
10.4.5.5 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
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 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 workdays
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
YEARS
VACATION
ACCRUAL HOURS
HOLIDAY
ACCRUAL HOURS
TOTAL ANNUAL
ENTITLEMENT HOURS
SHIFTS/
YEAR
0 thru 2
112.0
146.96
258.96
10.790
3 thru 4
127.7
146.96
274.66
11.444
5 thru 6
143.4
146.96
290.36
12.098
7 thru 8
159.1
146.96
306.06
12.753
9 thru 10
174.8
146.96
321.76
13.407
11 thru 12
190.5
146.96
337.46
14.061
13 thru 14
206.2
146.96
353.16
14.715
15 thru 16
221.9
146.96
368.86
15.369
17 thru 18
237.6
146.96
384.56
16.023
19 thru 20
253.3
146.96
400.26
16.678
21+
269.0
146.96
415.96
17.332
Morro Bay Fir•eftghters Association 2024 - 2027 MOU
Page 9
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.
11.3.3 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.
11.3.4 To be eligible for cash out of accrued vacation leave pursuant to Section
11.3.4, an MBFFA employee must pre -elect the number ofvacation hours
they will cash out, up to a maximum of one hundred twelve (112) hours,
by December 15 of the preceding calendar year. 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 outvacation 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 consistentwith the amountthe MBFFAemployee pre -designated,
then forward to payroll to complete the cash out request. If the full
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
automaticallycash out the pre -designated amount in a paycheck
Morro Bay Firefghter•s Association 2029 - 2027 MOU
Page 10
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 who do not pre -designate vacation leave cash
out hours or who decline the cash opt option by the December 15
deadline will be deemed to have waived 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 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
Lincoln's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Floating Holiday
Floating Holiday
January lst
3rd Monday in January
February12t"
3'd Monday in February
Last Monday in May
July4t"
15t Monday in September
November llt"
4t" Thursday in November
4t" Friday in November
December 251"
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 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
Morro Bay FireTglrters tlssociation 2024 - 2027 NfOU
Page 11
time, as provided by California Public Employees Retirement System (CaIPERS)
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 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 calendaryear,
an 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 Vacation Leave
96 hours 48 hours
72 hours 36 hours
48 hours 24 hours
24 hours
0
12 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 calendaryear,
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
CaIPERS. 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 first full payroll period
including July 1, 2022. Pursuant to Government Code section 20516(f), all
MBFFA members will contribute an additional 2% to CaIPERS as cost
sharing for a total CaIPERS 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 CaIPERS Contract Amendment
pursuant to Government Code section 20516. Following implementation
of the CaIPERS Contract Amendment, the 2% contribution will be pre -
Morro Bay Fireftghters Association 2024 - 2027 A11OU
Page 92
tax. It is expressly understood and agreed that the City has no authority
or jurisdiction by which to bind CaIPERS, 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 liabilityto any
individual unit employee or the collective bargaining unit should any of
the aforementioned Entities reject the treatment of said contributions
as pre-tax.
13.1.2 Effective no sooner than the pay period including July 1, 2023, CaIPERS
Classic Member Tier 1 & 2 MBFFA members shall make an additional 1%
cost -sharing contribution to the employer's contribution to CaIPERS for
a total CalPERS contribution of12%.
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)
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
CaIPERS 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 CalPERS benefits:
Morro Bay Firefighters Association 2024 - 2027 t410U
Page 13
13.4.1 2.77o ka 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 Deferred Compensation: Effective the pay period including Julyl, 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. 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 calendar years 2024, 2025, 2026, and through the end of fiscal year
2026/2027, MBFFA shall receive a cafeteria plan contribution (including the
minimum contribution amount required by CaIPERS) as follows:
CITY to pay an amount equal to 100% of the Employee only premium, 90% of the
Employee + 1 premium, and 89% of the Employee + 2 or more premium for the
lowest cost PPO plan offered through CaIPERS.
14.3 DENTAL, LIFE, AND VISION INSURANCE
For calendar years 2024 and 2025 CITY will contribute 100% of the dental and
vision premiums for Employees and their dependents.
CITY will pay up to a 5%increase in premiums for calendar year 2026 and up to
a 5% increase for 2027 through the end of the 2026/2027 fiscal year, June 30,
2027. Employees will pay for any increase beyond 5%.
Life insurance is provided at $50,000 per employee.
Morro Bay FirefigJtters Association 2029 - 2027 hIOU
Page 14
14.4 The provisions of this ARTICLE shall
remainder of the term of this MOU,
approval.
ARTICLE 15 UNIFORM ALLOWANCE
be binding on the parties through the
which will be effective upon City Council
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 at the beginning of the pay period that contains Julylsteach year, the
CITY shall implement an across-the-board cost of living adjustment ("COLA")
base salary increase, as follows:
• July 1, 2024..........3%
• J u ly 1, 2025........4.3%
• J u ly 11 2026.0606.0403%
16.2 In addition to the annual COLA, above, the CITY shall provide an additional
across-the-board equity adjustment base salary increase for each unit
classification effective at the beginning of the pay period that contains July 1
each year, as follows:
• July 1, 2024..........5%
• Julyl, 2025..........3%
• J u ly 11 2026.4404..4.03%
16.3 Any and all education/ special pay incentives will be added to base salary.
16.4 Electronic Deposit. All employees hired after Januaryl, 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 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.
Ma•ro Bay Firefighters Association 2024 - 2027 NIOU
Page 15
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
be I ow:
17.3.1 For long-term out of class assignments more than six (6) months, then
starting on the first day of the extension:
17.3.2 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.
17.3.3 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.
17.3.4 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
a Bove.
17.3.5 Whenever possible, CITY intends to fill vacancies with qualified
employees.
17.3.6 Short-term out -of -class assignments (such as acting captain) will be paid
on an hour -for -hour basis at 5% of base salary.
17.4 STANDBY PAY
Compensation for standby duty for acting Fire Chief position, when not called
back to duty, shall be paid three (3) hours of overtime pay (acting rate) per full
24-hour shift.
17.5 SPECIAL ASSIGNMENT PAY
Morro Bay Fireftgltters Association 2024 - 2027 MOU
Page 16
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, 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 CalPERS 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.
17.6 CELL PHONE STIPEND
CITYwil) provide a monthlystipend of$50.00to MBFFA represented employees
required to use their personal cell phone for CITY business. This provision shall
not applyto employees who have been issued a CITY -owned cell phone ortable
that serves the same business purpose.
17.7 BILLINGUAL PAY (SPANISH)
Unit members may earn $75 per month for speaking Spanish, and $75 per
month for writing in Spanish, for a total possible of $150 per month. Members
receiving Bilingual Pay are expected to use this skill to support their own City
department functions and other departments, when needed, to effectively
communicate with the public.
A testis required; Human Resources, or their designee, will administer the test.
Effective July 1, 2024, employees shall be eligible for an educational incentive
for the following degrees:
• Bachelor's Degree - $1000 per year, $38.46 per pay period
• Master's Degree - $2000 per year, $76.92 per pay period
17.9 LONGEVITY INCENTIVE PAY
Effective July 1, 2024, employees shall be eligible for Longevity Incentive Pay for
the following years of service with the City of Morro Bay:
• 20 years of service —1% of base salary
Morro Bay Firefighters Association 2024 - 2027 NIOU
Page 17
• 25 years of service - 2% of base salary
• 30 years of service - 3% of base salary
Longevity incentives are not stackable or cumulative. Employees receive pay
for the highest years of service for which they qualify.
ARTICLE 18 HEALTH AND SAFETY
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 workplace.
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.
Morro Bcry Firefighters Association 2024 - 2027 MOU
Page 18
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 two apparatus. 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.
Morro Bay Firefighters Association 2024 - 2027 MOU
Page 19
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. Stewardswill 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.
hdorro Brry Firefighters Association 2024 - 2027 MOU
Page 20
ARTICLE 24 NO STRIKE NO LOCK -OUT
24.1 During the life ofthis 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 25 FULL UNDERSTANDING. MODIFICATION. WAIVER
25.1 This MOU sets forth the full 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 ofthis MOU. Hence, in any
Ma•ro Bay Firefighters Association 2024 - 2027 MOU
Page 21
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 FOR FIRE MARSHAL
The foregoing sections in this Article 30 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 30,
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 aseven-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 theydo 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
Morro Bay Firefighters Association 2024 - 2027 MOU
Page 22
Wednesday through Sunday, they will not be entitled Loany 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 req u i rements a nd restrictions. Com pensatory ti me off ea rned
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 betaken
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
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.
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 ofthe pay period containing November] of
each year, they will have the following options related to the excess hours:
a. Cash out;
Morro Bay FireTgltters Association 2024 - 2027 MOU
Page 23
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 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:
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
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
Floating Holiday
July 4
1st Monday in September
November 11
4th Thursday in November
4th Friday in November
December 25
January 1
3rd Monday in January
February12
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,
The Fire Marshal may accumulate up to amaximum offorty-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.
Morro Bay Firefighters Dissociation 2024 - 2027 NtOU
Page 24
The first payroll including July 1, the Fire Marshal's leave bank will be credited
with 16 hours floating holiday.
--SIGNATURES ON NEXT PAGE --
Morro Bay Firefighters Associatia: 2024 - 2027 MOU
Page 25
MORRO BAY FIRE FIGHTERS ASS'N,
IAFF LOCAL 3725
MichaelR Talm ,202408:10 PDT)
Michael Talmadge
Jeff Si on Jun 18, 202417:01 PDT)
Jeff Simpson
ICE vi fawes
Nevin Hames (Jun 19, 202408:16 PDT)
Kevin Names
Ma•r•o Bay Fir•eTghters Associatio» 2024 - 2027 MOU
CITY OF MORRO BAY
�l.NIllbd /IHxOQQEG
Yvonne Kimball, City Manager
Rachael Hendricks, HR/Risk Manager
Aj
Emily
Conrad
nun 18, 202418:31
PDT)
Emily Conrad, Finance Director
Page 26
EXHIBIT A
MBFFA PAY SCHEDULE
EFFECTIVE DULY 1, 2024
TITLE
STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
FIREFIGHTER
25.83
27.13
28448
29491
31441
FIREFIGHTER/PARAMEDIC
28441
29484
31033
32.90
34.54
FIRE ENGINEER
28.24
29.66
31614
32.69
34933
FIRE ENGINEER/PARAMEDIC
31.07
32.63
34026
35496
37977
FIRE CAPTAIN
32048
34.08
3539
37.58
39.46
FIRE CAPTAIN/PARAMEDIC
3532
37.50
39.38
41.34
43.42
FIRE MARSHAL
38.55
40.47
42049
44561
46.85
Morro Bay Firefrghters Association 2024 - 2027 MOU
Page 27
EFFECTIVE DULY 1, 2025
TITLE
STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
FIREFIGHTER
27438
28076
30.19
31.70
33929
FIREFIGHTER/PARAMEDIC
30.11
31,63
33421
34.87
36.61
FIRE ENGINEER
29.93
31444
33.01
34.65
36.39
FIRE ENGINEER/PARAMEDIC
32,93
3459
36.32
38,12
40004
FIRE CAPTAIN
34443
36.12
37.94
39.83
41.83
FIRE CAPTAIN/PARAMEDIC
37.86
39075
41474
43.82
46403
FIRE MARSHAL
40686
42690
45.04
47029
49,66
Morro Bay Firefighters Association 2024 - 2027 MOU
Page 28
EXHIBIT C
MBFFA PAY SCHEDULE
EFFECTIVE DULY 1, 2026
TITLE
STEP
1
STEP
2
STEP
3
STEP
4
STEP
5
FIREFIGHTER
29.02
30.49
32.00
33.60
35.29
FIREFIGHTER/PARAMEDIC
31.92
33.53
35.20
36.96
38.81
FIRE ENGINEER
31.73
33.33
34.99
36.73
38.57
FIRE ENGINEER/PARAMEDIC
34.91
36.67
38.50
40.41
42.44
FIRE CAPTAIN
36.50
38.29
40.22
42.22
44.34
FIRE CAPTAIN/PARAMEDIC
40.13
42.14
44.24
46.45
48.79
FIRE MARSHAL
43.31
45.47
47.74
50.13
52.64
Morro Bay Fir•efghters Association: 2024 - 2027 MOU
Page 29