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and prepared a Revised and Restated Amendment No. 1 to the MBFFA MOU 2016-2017 ("Revised First Amendment"), which superseded and replaced the First Amendment; and WHEREAS, the Revised First Amendment was ratified by the MBFFA on July 15, 2017 and adopted by the City Council by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