HomeMy WebLinkAboutReso 33-21 approving FY 21-22 MBFFA MOU (cjt)RESOLUTION NO. 33-21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING A TENTATIVE AGREEMENT AND SUCCESSOR
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, 2020 THROUGH JUNE 30, 2022
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 exclusive employee organization
representing the City's fire fighting employees as defined in 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 between the City and MBFFA,
which was duly approved by the City Council on September 26 2017, expired by its own terms
on June 30, 2020, and
WHEREAS, the City and MBFFA subsequently met and conferred to negotiate a Side
Letter Agreement to the MBFFA MOU 2017-2020 implementing a temporary salary reduction in
light of the COVID-19 pandemic and thereafter jointly prepared and executed the Side Letter
Agreement to the MBFFA MOU 2017-2020 (Side Letter Agreement), which was ratified by MBFFA
on September 23, 2020 and approved by the City Council by Resolution No. 85-20 on September
24, 2020, and
WHEREAS, the City and MBFFA have continued to negotiate a two-year agreement for the
period of July 1, 2020 through June 30, 2022, with a five percent (5%) base salary increase cost
of living adjustment for FY 21-22 and, in recognition for the financial and overall sacrifices made
during the COVID-19 health emergency, also includes a potential one-time lump sum payment
contingent upon satisfaction of specified financial terms and conditions; and
WHEREAS, the City's labor relations representatives and MBFFA representatives
successfully met and conferred to negotiate the two-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 both the attached Tentative Agreement ("MBFFA MOU 2020-2022 Tentative
Agreement') and successor MOU between the City and MBFFA, for the period July 1, 2020
through, and including, June 30, 2022 ("MBFFA MOU 2020-2022"), which was ratified by the
MBFFA; and
WHEREAS, both the MBFFA MOU 2020-2022 Tentative Agreement and MBFFA MOU
2020-2022 are 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 2020-2022 shall
become a binding agreement between the City and MBFFA.
S OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MORRO BAY, CALIFORNIA, AS FOLLOWS:
S ection 1. The above recitals are true and correct.
S ection 2. The City Council approves, adopts and implements the MBFFA MOU 2020-
2022 Tentative Agreement between the City and MBFFA for the period of July 1, 2020 through,
and including, June 30, 2022, a copy of which is attached hereto as Exhibit 1.
S ection 3. The City Council approves, adopts and implements the successor MOU
between the City and MBFFA for the period of July 1, 2020 through, and including, June 30, 2022,
a copy of which is attached hereto as Exhibit 2.
S ection 4. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
S ection 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 22nd day of June 2021, by the following vote:
AYES' Headding, Addis, Barton, Davis, Heller
NOES' None
ABSENT: None
ABSTAIN: None
ATTEST:
Cia4A.
(FIAS91--
DANA SWANSON, City Clerk
TENTATIVE AGREEMENT BETWEEN THE CITY OF MORRO BAY AND THE
MORRO BAY FIREFIGHTERS ASSOCIATION, IAFF LOCAL 3725
FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING
APRIL 12, 2021
The current Memorandum of Understanding (MOU) between the City of Morro Bay (City) and
the Morro Bay Firefighters Association, IAFF Local 3725 (MBFFA or Association), Resolution
No. 52-17, approved September 26, 2017, covering the period July 1, 2017 through June 30, 2020
(MBFFA MOU 2017-20), expired by its own terms on June 30, 2020. The MBFFA represents 12
total City employees, including 1 Firefighter, 1 Fire Marshal, 7 Engineer/Paramedics, and 3 Fire
Captain/Paramedics. Pursuant to the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Sections
3500 - 3511), the City and the Association have been in negotiations for a successor MOU since
June of 2020 to present. During that negotiation time period, the parties negotiated, ratified and
signed a Side Letter that was subsequently approved by City Council as Resolution No. 85-20
providing for a 5% salary reduction for represented employees commencing October 2020 and
which continued through December 31, 2020.
The City and the Association have reached a Tentative Agreement on the deal terms for a successor
MOU, which is represented by this document. The following deal terms have been ratified by the
Association, but remains subject to formal approval/adoption by the City Council per California
Government Code Section 3505.1, which provides:
"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 fling 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."
All terms and conditions of the prior MBFFA MOU 2017--20 and Resolution No. 85 shall be
maintained unless expressly modified or changed herein until the successor MOU is jointly
prepared by the parties, ratified by the Association and accepted, approved and adopted by City
Council, which shall then supersede and replace this Tentative Agreement.
01181.0001 /706162.2 1
TENTATIVE AGREEMENT DEAL POINTS
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New
Information
and
per
Orientation
AB
Hire
119
NEW
new
prior
orientation
urgent
reasonably
the
the
period
hire
employee,
the
representative
employee's
department
and
phone
The
the
The
designated
writing
mailing
earlier
date
MBFFA's
work,
new
MOU
CITY
hires
of
for
to
of
need
each
or
the
of
address,
under
shall
each
department,
email,
the
hire
new
to
list
the
home
via
at
of
the
home
with
orientation
will
representative
unless
foreseeable.
hit
will
representative
employee
name
least
that
newly
work
explain
thirty
email
notify
or
personal
and
was
permitted
phone
ten
location,
receive
there
by
(30)
hired
regarding
following
personal
(10)
not
the
will
packet.
work
s
title,
MBFFA's
new
is
new
rights
address,
days
MBFFA's
numbers.
Within
first
provide
session
unit
in
an
email,
a
days
home
copy
one
after
pay
all
the
of
e
month
will
designated
be
bargaining
the
CITY
with
his/her
provide
mailing
and
job
MOU.
employees
the
the
work
numbers.
to
cell
and
in
(1)
all
bargaining
of
cell
orientation
employee's
including
job
location,
employee
hour
to
benefits
The
designated
quai
the
personal
and
MBFFA
members
talk
CITY
a
unit,
name,
home
represented
title,
terly
personal
01181.0001/706162.2
2
Notwithstanding
the
with
telephone
cellular
personal
birth
form
CITY
information.
pasties
such
all
of
the
of
a
regal
expenses,
this
to
telephone
any
written
and
claims,
home
any
email
will
number
employee
ding
will
employees
employee
to
CITY,
not
address,
indemnify
address
request
demands,
non
mutually
track
or
the
provide
number,
personal
liability
-disclosure
its
foregoing
said
who
and
not
home
or
to
requests
officers,
fiom
and
damages,
MBFFA
arising
of
of
on
any
hold
date
the
agree
be
or
has
use
CITY
said
The
a
employee
whether
that
disclosed.
harmless
agents,
and
costs,
out
made
MBFFA
information
shall
the
information
Article.
6., 6.1
MBFFA
[New
Checkoff
piovisions
SB
866]
Dues
Dues
per
It
withhold
and
insurance
the
regular
who
to
individual
signed
authorizing
agreed
specifying
each
authorizing
a
MBFFA.
member
MBFFA
MBFFA
is
check,
provide
agreed
monthly
is
MBFFA
deduction,
MBFFA
premiums
that
MBFFA
CITY
MBFFA
the
pay
CITY
CITY
the
group
employee,
individual
amount
CITY
of
and
to
collective
of
with
dues
to
to
from
issue
make
will
of
exclusive
the
deduct
initiation
assessments,
of
program
salaries
has
salary
to
As
MBFFA,
The
deduction
by
be
authorization
dispute
of
MBFFA
deducted
any
the
the
made
MBFFA
and
MBFFA
recognized
employee
authorizations
a
members
the
requests
as
membership
and
the
authorization.
pay
well
the
the
from
not
of
majority
general
wages
period
by
deduction
organization,
dues,
of
CITY
the
that
as
certifies
an
be
the
the
all
payment
whose
individual
existence
the
benefit
and
such
signed
required
in
and/or
CITY
that
to
it
a
be
unless
MBFFA.
shall
a
by
deductions,
other
individual
membership
of
shall
CITY
sponsored
and
of
fees,
from
wages
agrees
each
the
authorizations
member
the
is
The
provide
terms
copy
hereby
shall
to
maintain
about
payable
member,
for
or
arises
dues
membership
each
01181.0001 /706162.2
3
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 foi the
accounting and disbursing
of all such fiords 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 ieceived 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.
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 foi 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 ieceived 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.
01181.0001/706162.2
4
7
2017
shall
as
the
through
otherwise
term
be
provided
from
of
June
this
July
30,
Except
provided
MOU
through
shall
as
June
herein,
otherwise
be
30,
from
the
2022
July
specifically
tern
of
1, 2020,
this
Term
Except
specifically
herein,
1
2020.
MOU
8., 8.1
Renegotiations
In
wants
successor
party
other,
December
January
wiitten
negotiations,
full
proposals
MOU.
commence
March
the
and
shall
event
to
during
15,
request
Negotiations
renegotiate
31,
entire
serve
1,
no
2020.
either
2020,
the
2019
as
later
to
written
such
upon
period
well
its
begin
party
to
than
a
this
as
shall
the
its
of
In
renegotiate
such
other
December
2022
negotiations,
entire
amending
shall
the
party
commence
event
during
its
wiitten
15,
shall
1,
2022.
a
either
successor
the
2021
MOU.
serve
well
period
request
no
party
to
later
January
upon
Negotiations
MOU,
its
wants
of
to
than
full
the
begin
31,
to
and
written
this
MOU,
amending
as
proposals
as
March
8., 8.3
Renegotiations
Should
unable
on
the
expires,
provisions
shall
and
as
or
whichever
a
a
September
current
effect
new
new
remain
to
the
all
reach
contract
MOU
until
parties
contract
applicable
of
in
full
such
is
agreement
occurs
reached,
2020,
be
before
MOU
force
time
Should
reach
contract
contract
provisions
remain
such
reached,
whichever
time
agreement
the
in
before
expires
or
full
as
parties
force
new
the
occurs.
on
be
MOU
a
current
applicable
and
MOU
unable
new
30,
shall
effect
is
2022,
to
until
this
30,
of
September
first
this
a
all
first
12
Sick
Leave
12.5.2
Credits
Leave
-time
date
hours
added
Accrual
above,
employees,
per
to
account
shall
the
Sick
after
be
....
for
Increase
for
Sick
by
upon
of
and
2
full-time
31,
tentative
hours
expiring/sunsetting
Leave
credit
employees
Accrual
Council
agreement
per
MOU
City
Credits
month
effective
approval
or
December
2021.
frill
the
11.2
month
14.,
14.2
Health
Insurance
For
receive
contribution,
2017,
a
required
cafeteria
MBFFA
contribution
as
including
follows:
by
shall
plan
the
For
receive
contribution,
minimum
required
2020
a
and
cafeteria
conhrbution
by
including
Ca1PERS,
2021
plan
MBFFA
the
follows:
shall
amount
as
minimum
amount
Ca1PERS,
0118I.0001/706162.2
5
insurance,
2018,
contribution
only
whichever
or
1
family
-
cost
up
up
up
cost
cost
by
up
cost
cost
plan
to
shall
to
-
to
of
-
to
of
is
of
is
up
of
is
is
of
is
up
of
is
the
to
to
Employee
or
less
cost
cost
of
of
insurance,
insurance,
only
1
family
-
— up
or
less
up
cost
to
-
to
whichever
$1,135/month
whichever
up
of
$715/rnonth
to
insurance,
Employee
$715/month
insurance,
less
Employee
$1,109/month
insurance,
less
Employee
or
less
+
whichevei
+
—
or
or
-
cost
Employee
$1,460/month
whichever
+
is
Employee
$1,421/month
insurance,
less
For
receive
contribution,
minimum
amount
Ca1PERS,
Employee
$715/month
insurance,
less
Employee
$1,135/month
insurance,
less
Employee
$1,460/month
less
+
MBFFA
as
only
whichever
whichever
a
required
cafeteria
or
1—
including
follows:
+
whichever
+
or
family
or
whichevei
14.,
Dental/Life
&
See existing
language
and
2020
and
2021
rates
are shown
as
14.3
Vision
rates
from
2017
below.
updated
MOU
language
below.
Insurance
14.,
Health
Benefits
The
provisions of
this
The
provisions
of
this
Article
shall
14.4
ARTICLE
binding
through.
this
term
will
be
MOU,
of
the
effective
on
the
shall
the
and
remainder
MOU,
parties
for
be
upon
the
which
of
be
the
the
effective
approval.
herewith
binding
remainder
tern
of
upon
to
The
on
the
re
-open
the
of
City
parties
MOU,
this
parties
MOU
agree
which
through
and
will
for
be
Council
discussion
01181.0001/706162.2
6
City
The
to
respect
for
2019
rates.
ie-open
any
Council
parties
and
to
changes
this
2020
discussion
agiee
approval.
ARTICLE
health
to
herewith
the
with
with
any
rates.
respect
changes
to
to
this
the
Article,
2022
for
health
16.1
16.,
Salaries
shall
increase
for
of
July
two
provide
all
1,
in
Unit
percent
to
2017,
the
base
a
the
Salary
Reduction
End
Date
The
the
Living
the
period
base
as
to
a
Effective
CITY
COLA
salaries
classifications
amount
(2%).
reduction
represented
implemented
The
Side
No.
day
successor
original
21
agreed
during
already
salary
successor
5%
and
parties
December
reference
to
salary
occurred,
for
a
effective
MOU
MOU
ceased
employees
adopted
salary
period
being
Year
through
Association
tables
the
31
which
with
attached
Exhibit
by
the
for
the
the
2020.
state
5%
the
to
Resolution
end
Year
The
attached
parties'
FY
parties
has
employees
their
salary
current
of
the
to
MOU.
of
A.
2020-
updated
85-20
on
Letter
this
table
shall
that
as
reduction
COLA
Two
Association
shall
Adjustment
salary
including
salary
Exhibit
Lump
receive
effective
schedule
Sum
B
July
to
represented
increase
the
Payment
a
5%
1,
Cost
be
payroll
the
successor
2021.
to
Two
In
overall
COVID-19
contingent
following
conditions,
one-time
all
with
the
December
the
recognition
members
penod
financial
the
sacrifices
lump
City
financial
31
health
upon
the
October
of
of
2020
CITY
sum
satisfaction
the
MBFFA
made
emergency,
Mono
3,
terms
equal
(duration
financial
shall
2020
during
Bay
and
to
employed
provide
through
$500
of
during
of
and
the
the
of
concessions
by
01 1 81.0001 /706162.2
7
MBFFA) and who is still employed
when the lump -sum payments are
issued by the City (anticipated to
be around October 1, 2021):
A. Total of three major General
Fund Revenues (Property Tax,
Sales Tax and Transient
Occupancy Tax) meet or exceed
the combined Fiscal Year 2020/21
forecasted amount of $7,757,301
adopted by Council on June 23,
2020 This figure shall be based on
curl ent tax rates (curl ently 1 %
Property Tax 1.0% CITY Sales
Tax, 10% TOT). In the event of
increased tax sates, such
increased rates would not count
towards increased revenue
receipts for this purpose. Sales tax
shall exclude any consideration of
Measure Q, Measure E and
Cannabis Tax that that is collected
at any time during Fiscal Year
2020-21.
B. The CITY does not become
responsible for any state /
federally imposed unfunded
mandates from any external
souice(s) that require significant
unplanned/un-forecasted General
Fund expenditure(s) of more than
$125,000 above the projected use
of General Fund unassigned
Reserves equal to $1,248,000 in
the Adopted FY 2020-21 budget
(page A-11). This shall include but
is not be limited to significant
natural disaster(s), worsening
financial conditions related to the
COVID-19 pandemic or a human -
made disaster affecting the CITY.
Any such expenditure(s)
cumulatively totaling $125,000 in
a fiscal year or more, will be
01181.0001/706162.2
8
counted
combined
discussed
the
resulting
sum
C.
different
pre
sum
agrees
difference
This
the
payment
SEIU
MBFFA
MOU
payment
payment
solely
provision
of
to
in
members.
financial
re
provided
POA
as
revenue
in
conditions
no
SEIU
-open
in
of
this
on
financial
a
being
then
the
members.
one-time
for
shall
the
section
reduction
or
the
lump
amount
triggers
their
are
City
triggers.
lump
sum
lump
apply
on
to
negotiate
of
based,
or
which
the
in
-
to
to
the
-conditions
various
Should
amount
awarded
POA
not
successor
either
the
issue
16.,
16.5-7
Salaries
2018-2019
COLAs
Delete
21
Layoffs
The
the
forth
CITY's
along
Layoff
layoff
parties
in
with
Policy.
2.32.120
Municipal
procedure
the
agree
CITY
of
to
Code
use
the
as
set
The
procedure
of
the
the
City
parties
CITY's
s
agree
as
Personnel
set
Municipal
forth
to
use
Rules.
in
the
2.32
Code
layoff
120
and
A
FY
Schedule
20/21
Salary
FY 17/18
Salary
Schedule
Update
schedule
for
COLA
represented
FY
for
2021-22
MOU
and
the
employee.
with
with
fiscal
effectuating
salary
current
year
schedule
for
salary
a
5%
Exh.
each
14.3 Existing Language
Life Insurance is provided at $50,000 per employee. The following rates were effective
January 1, 2017:
Vision Dental Life Totals City 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
01181.0001/706162.2 9
14,3 Proposed Replacement Language
Life Insurance is provided at $50,000 per employee. The following rates were effective
January I, 2020 and continue through June 30, 2022 unless other renegotiated between the
parties by means of a re -opener:
Vision Dental Life Totals City pays EE pays
Employee only $8,73 $56,68 $8.70 $74.11 $71.18 $2.93
Employee + 1 $16.40 $15 6. 84 $8.70 $ 181.94 $170.19 $11.75
Employee + 2+ $23.34 $156.84 $8.70 $188.88 $176.67 $12.21
This Tentative Agreement is dated April 12, 2021 and shall be effective only upon adoption by the
City Council of the City of Morro Bay. Subject to the foregoing, this Tentative Agreement is
hereby executed by the authorized representatives of the City and the Association.
City of Morro Bay
Scot `olli is, City Manager
�,-
�S-
Darla Swanson, City Clerlc/HR Mngr,
CA:
100)40,4401
Colin J. Tanner, Deputy City Attorney
01 181.0001 /706162.2
10
Morro Bay Firefighter Assn, IAFF
LOCAL 37
Michael Hoese
EXHIBIT A
CITY OF MORRO BAY
FY 20/21 MBFFA SALARY SCHEDULE
TITLE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
FIREFIGHTER
59,065
62,018
65,119
68,375
71,794
FIRE
ENGINEER
64,573
67,802
71,192
74,751
78,489
FIRE
CAPTAIN
74,227
77,938
81,835
85,927
90,223
FIRE
MARSHAL
88,114
92,520
97,146
102,003
107,103
01181.0001/706162.2
11
F,XHIB IT B
CITY OF MORRO BAY
FY 21/22 MBFFA SALARY SCHEDULE
TITLE
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
FIREFIGHTER
62,018
65,119
68,375
71,794
75,384
FIRE
ENGINEER
67,802
71,192
74,751
78,489
82,413
FIRE
CAPTAIN
77,938
81,835
85,927
90,223
94,735
FIRE
MARSHAL
92,520
97,146
102,003
107,103
112,458
Oi I81,0001/706162.2
12
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE MORRO BAY
FIREFIGHTERS ASSOCIATION,
IAFF LOCAL 3725
AND
THE CITY OF MORRO BAY
JULY 1, 2020 - JUNE 30, 2022
01181.0026/708071.4
Table of Contents
ARTICLE 1 PURPOSE 1
ARTICLE 2 MANAGEMENT 1
ARTICLE 3 MBFFA RECOGNITION 3
ARTICLE 4 MBFFA BUSINESS 4
ARTICLE 5 AUTHORIZED AGENTS 5
ARTICLE 6 WITHHOLDING OF MBFFA DUES AND INSURANCE 5
ARTICLE 7 TERM 6
ARTICLE 8 RENEGOTIATIONS 6
ARTICLE 9 ANTI -DISCRIMINATION 6
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 29) 6
ARTICLE 11 VACATIONS AND HOLIDAYS 8
ARTICLE 12 SICK LEAVE 9
ARTICLE 13 RETIREMENT BENEFITS 10
ARTICLE 14 HEALTH BENEFITS 11
ARTICLE 15 UNIFORM ALLOWANCE 12
ARTICLE 16 SALARIES 13
ARTICLE 17 SPECIAL PAY PRACTICES 16
ARTICLE 18 HEALTH AND SAFETY ARTICLE 18
ARTICLE 19 MINIMUM STAFFING 19
ARTICLE 20 PERSONNEL RULES 19
ARTICLE 21 LAYOFFS 20
ARTICLE 22 PROCESSING OF FORMAL GRIEVANCES 20
ARTICLE 23 ELIMINATION OF FIRE SERVICE 21
ARTICLE 24 NO STRIKE, NO LOCK -OUT 21
ARTICLE 25 FULL UNDERSTANDING, MODIFICATION, WAIVER 21
ARTICLE 26 SEVERABILITY 22
ARTICLE 27 JOINT DRAFTING 21
ARTICLE 28 CITY COUNCIL APPROVAL .21
ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL 22
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
MEMORANDUM OF UNDERSTANDING
BETWEEN THE MORRO BAY FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 3725
AND THE CITY OF MORRO BAY 2020 - 2022
ARTICLE I PURPOSE
WHEREAS, the City of Morro Bay is a municipal corporation, existing under the laws of the
State of California as a general law city (hereinafter referred to as the "CITY") and
WHEREAS, the CITY is limited, insofar as funds are concerned, because of a fixed tax rate, and
in structure because it is a public entity, rather than a profit -making business; and
WHEREAS, the Morro Bay Fire Fighters Association (hereinafter referred to as the "MBFFA")
is an unincorporated association under the laws of the State of California, and is affiliated with
the International Association of Fire Fighters (IAFF) as IAFF Local 3725; and
WHEREAS, the CITY and the MBFFA recognize that the mission and the purpose of the CITY
are to provide high -quality and economical municipal services and facilities to the residents of
the City of Morro Bay; and
WHEREAS, the prior Memorandum of Understanding between the CITY and MBFFA, which
was approved September 26 2017 pursuant to Resolution No. 52-17 and covered the period of
July 1, 2017 through June 30, 2020 (MBFFA MOU 2017-20), expired by its own terms on June
30, 2020; and
WHEREAS, the CITY and MBFFA entered into a temporary side letter agreement, which was
adopted by the City Council on September 24, 2020 by Resolution No. 85-20, whereby MBFFA
agreed to a five percent (5%) salary reduction for all MBFFA represented employees from
October 3, 2020 until a tentative agreement was reached on a successor MOU; and
WHEREAS, the CITY and MBFFA now desire to enter into a successor MOU to the MBFFA
MOU 2017-2020.
THEREFORE, this Memorandum of Understanding (hereinafter referred to as the "MOU") is
entered into as of July 1, 2020, 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 frill agreement
between the parties, concerning the pay, wages, hours of employment, and other terms and
conditions of employment.
ARTICLE 2 MANAGEMENT
01181.0026/708071.4 Morro Bay Firefighters Association
2020 - 2022 MOU
2,1 In order to ensure that the CITY shall continue to carry out its public safety functions,
programs and responsibilities to the public, imposed by law, and to maintain efficient
public safety service for the citizens of Morro Bay, the CITY continues to reserve an.d
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 Department, and determine policies and procedures and the
light to manage the affairs of the Department.
2.1,2 To determine the existence, or nonexistence, of facts which are the basis of the
management decision, in compliance with State law.
2.1.3 To determine the necessity, organization, implementation, and termination of any
service or activity conducted by the CITY or other govermnent 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 ate 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
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 qualifications, skills, abilities, knowledge, selection procedures and
standards, job classification, job specifications, and to reallocate and reclassify
employees, in accordance with division and/or CITY Rules and Regulations.
2.1.14 To determine the issues of public policy, and the overall goals and objectives of
the Fire Department, and to take necessary action to achieve the goals and
objectives of the Fire Department
2.1.15 To hire, transfer (intra- or inter- Department), promote, reduce in rank, demote,
reallocate, terminate and take other personnel action for non -disciplinary reasons,
in accordance with Department and/or CITY Rules, Regulations and Ordinances.
2.1.16 To determine policies, procedures and standards for recruiting, selecting, training,
and promoting employees.
2.1.17 To establish, implement, and/or modify rules and regulations, policies, and
procedures, related to productivity, performance, efficiency, personal appearance
standards, code of ethics and conduct, safety, health, and order, and to require
compliance therewith
2.1.18 To maintain order and efficiency in Fire facilities and operation.
2.1.19 To restrict the activity of an employee organization on CITY facilities, except as
set forth in this MOU.
2.1.20 To take any, and all, necessary steps and actions to carry out the service
requirements and mission of the CITY in emergencies or any other time deemed
necessary by the CITY, and not specified above
2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code.
2.3 Nothing herein is meant to diminish employee rights as provided by the Government
Code, including the right to meet and confer on changes in standards for promotion
ARTICLE 3 MBFFA RECOGNITION
3.1 Pursuant to Resolution No. 08-17, the Employer -Employee Relations Resolution of the
City of Mono Bay and applicable state law, the MBFFA was designated by the CITY as
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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
3.2 Employees working on a regular basis in a classified position, but less than full -tune,
shall receive vacation and sick leave accruals on a pio-rated basis, commensurate with
hours worked. All benefits for new hires, including insurance benefits, will be allocated
on a pro -rated basis commensurate with hours worked.
3.3 FIRE ENGINEER RATING
3,3.1 It is recognized, in principle, as long as the fitll-time MBFFA personnel
complement of the Moiro 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 reconunended by the Fire Chief for promotion and have
demonstrated, through successful completion of written and practical
examinations that they have successfully completed six semester units of Fire
Science courses at an institution approved by the Fire Chief. The CITY shall
make every effort to schedule the examination to be completed prior to the
expiration of eighteen months The content and passing grade of the written and
practical examinations will be determined by the Fire Chief subject to the
approval of the City Manager.
3.3.2 An individual recommended for promotion, and failing to attain a passing grade
in either the written or practical examination, shall not be eligible for
reexamination until six (6) months after the date of failure.
ARTICLE 4 MBFFA BUSINESS
4.1 Employee representatives, designated by the MBFFA, shall be granted time off without
loss of pay, to attend "meet and confer' sessions with the City Manager, and/or their
designee(s), on subjects within the scope of representation, when such meetings are
scheduled during regular working hours. Should such meeting extend beyond an
employee representative's regular working hours, the employee representative shall be
paid for only the regular working hours
01181.0026/708071.4Moiro Bay Firefighters Association 2020 - 2022 MOU
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 pasties agree to consider the shift schedules of team
members in scheduling meetings.
4.4 MBFFA may hold unit meetings at the Fire Station, 715 Harbor Street, after 1700 hours,
with two days prior notice to Fire Chief. The Fire Chief has the authority to deny and/or
cancel said meeting, if it conflicts with official CITY activities for MBFFA duties.
4.5 New Hire Information and Orientation per AB 119. The CITY will notify MBFFA's
designated representative in writing or via email regarding all new hires at least ten (10)
days prior to the employee's orientation unless there is an urgent need that was not
reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by
the first pay period of the month following the hire of each newly hired employee, the
CITY will provide the MBFFA's designated representative with the new employee's
name, job title, department work location, home mailing address, personal email, and
work, home and personal cell phone numbers
The new hire will receive a copy of this MOU with their new employee orientation
packet. MBFFA shall be permitted one (1) hour for each orientation session to talk to
new Unit members to explain the rights and benefits under this MOU.
The CITY will provide MBFFA's designated representative a quarterly list of all
employees in the represented bargaining unit including the employee s name, job title,
department work location home mailing address, personal email, and work, home and
personal cell phone numbers.
Notwithstanding the foregoing, the CITY will not provide MBFFA with the home
address, home telephone number, personal cellular telephone number, or personal email
address or date of birth of any employee who has made a written request to the CITY
regarding non -disclosure of said information.
The parties will mutually agree on a form to use to track said employee information and
whether any employee requests that such information not be disclosed
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
MBFFA shall indemnify and hold harmless the CITY, its officers, agents, and employees
fi•om 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 shop steward of the unit, or
their duly authorized representative(s) (address 715 Harbor St., Mono 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.
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.
01181.0026/708071.4Morro Bay Firefighters Association 2020 - 2022 MOU
6.3 It is agreed that CITY will deposit payroll deductions made payable to a CITY -approved
Credit Union providing the MBFFA makes arrangements for such services that are
acceptable to both members and CITY.
ARTICLE 7 TERM
Except as otherwise specifically provided herein, the term of this MOU shall be from July 1,
2020 through June 30, 2022.
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, 2021 to January 31, 2022, 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, 2022.
8.2 The parties agiee that, except by mutual agreement, no new subjects may be introduced
into the process after the third (3rd) negotiations meeting.
8.3 Should the parties be unable to reach agreement on a new contract before the current
contract expires, all applicable provisions of this MOU shall remain in full force and
effect until such time as a new MOU is reached, or September 30, 2022, whichever first
occurs.
ARTICLE 9 ANTI -DISCRIMINATION
The CITY and MBFFA mutually agree they will not discriminate against employees for the
exercise of their rights under the State of California Government Code Section 3502.
ARTICLE 10 WORK SCHEDULE (FOR FIRE MARSHAL, SEE ARTICLE 29)
This article is intended to define the normal hours of work, and shall not be construed as a
guarantee of work per day or work per week or of days of work per week.
10.1 WORKDAY
The normal workday shall be a twenty-four (24) consecutive hour period except in cases
of emergency or for reasons of attendance at extended training opportunities, or
temporary duty assignments while on light duty, when other shifts may be assigned by
the Chief, provided there is mutual agreement between the parties.
10.2 WORKSHIFT
Employees shall be scheduled to work on regular work shifts having regular starting and
quitting times. Except for emergencies, employees work shifts shall not be changed
without four days (96 hours) prior written notice to the employee. Call out or overtime
does not constitute a change in work shift.
10.3 WORKWEEK
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 20221VJOU
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 OVFRTIMF
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 late of pay. Compensatory time off earned pursuant to 10.4.4
below, will accrue at one and one-half (1.5) times hours worked.
10.4.3 Employees, required to return to work on a scheduled vacation day, shall be paid
at the rate of 1.5 times their regular rate of pay for the hours actually worked
10.4.4 Employees may elect compensatory time off (CTO) in lieu of paid overtime,
subject to the following provisions.
10.4.4,1 CTO may be elected for overtime incurred due to training time only.
10.4.4.2 Maximum CTO accrual will be 140 hours All overtime earned after
CTO is accrued to the 140-hour maximum will be paid in cash.
10.4.4.3 Accrued CTO may be cashed out upon the request of the employee and
the approval of the department. CTO accrued at time of separation will
be paid off.
10.4.4.4 CTO may be taken off upon employee request and department
approval. 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
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.
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 ?vIOU
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 file 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 woilc days pei year (260) as X is to the numbei of authorized
vacation and holidays days of the general employees, when X equals the amount of shifts
off for Fire Fighters comparing File 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
3 thru 4
5 thru 6
7 thiu 8
9 thru 10
11 thru 12
13 thru 14
15 thru 16
17 that 18
19 thru 20
21+
112.0 hrs.
123.2 hrs.
134.4 hrs.
145.6 hrs.
156.8 hrs.
168.0 hrs.
179.2 hrs
190.4 hrs
201.6 hrs.
212.8 hrs
224.0 hrs.
11.3 MAXIMUM ACCUMULATION
146,96 hrs.
146.96 hrs.
146.96 hrs.
146.96 hrs
146.96 hrs
146.96 his
146.96 hrs.
146.96 hrs
146.96 hrs
146.96 hrs.
146.96 hrs
258.96 hrs.
270.16 hrs.
281.36 hrs.
292.52 hrs.
303.76 hrs.
314.96 hrs.
326.16 hrs.
337.36 hrs.
348.56 hrs
359.76 hrs.
370.96 hrs.
10.792
11.257
11,723
12.19
12.657
13.123
13.59
14.057
14.523
14.99
15.547
It is recognized long-standing accumulations of vacation/holiday time exist foi some
employees. In ordei 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.
01 J81.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
11.3.3 A member of the MBFFA may exercise an option to convert into cash a maximum
of one hundred twelve (112) hours of accrued vacation leave each fiscal year.
Such conversion shall be computed at the employee's current base hourly rate, on
an hour -per -hour basis
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 foi holidays as piovided in 11 2
above.
New Year's Day
Martin Luther King, Jr., Day
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 1
3" Monday in January
February 12
3'd Monday in February
Last Monday in May
July 4
1$' Monday in September
November 11
4" Thursday in November
4"' 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 24-hour shift
workers or (1.0:1) for eight -hour shift employees. There shall be no maximum number of
sick leave hours that a member of MBFFA may accrue.
12,2 All use of sick leave shall be charged on an hour -for -hour basis.
12.3 At termination, accumulated in the sick leave accrual is not compensable; however, upon
retirement, sick leave accrual may be converted to additional time as provided by
California Public Employees Retirement System (Ca1PERS) unused sick leave credit.
12.4 Any use of sick leave, covering a period beyond seven calendar days, may require
approval by a qualified medical authority for release to resume regular duties.
01181.0026/708071.41vtorro Bay Firefighters Association 2020 - 2022 MOU
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. Effective upon City
Council approval of this MOU until December 31, 2021 sick leave accrual
credits shall be increased by 2 hours credit per month foi full-time employees.
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:
Maximum Conversion
Sick Leave Utilization
0 hours
.25 to 8 hours
8.25 to 16 hours
16 25 to 25 hours
Over 25 hours
Sick Leave
96 hours
72 hours
48 hours
24 hours
0 hours
To Vacation Leave
48 hours
36 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 their 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 new 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)
01181,0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 foi 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 (PF,PRA), in the regular,
fill -time classifications listed in Article 3.1 of this MOU between the CITY and the
MBFFA, shall be provided with the following Ca1PERS retirement benefits:
13.3.1 3% a, 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 (PFPRA),
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
Ca1PhRS benefits:
13.4.1 2.7% c 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 (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 foi 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
01181.0026/708071.4 Marra Bay Firefighters Association
2020 - 2022 MOU
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 2020 and 2021, MBFFA shall receive a cafeteria plan contribution, including the
minimum contribution amount required by Ca1PERS, 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 DFNTAL/LIFE AND VISION INSURANCE
Life Insurance is provided at $50,000 per employee. The following rates were effective
January 1, 2020 and continue through June 30, 2022 unless other renegotiated between
the parties by means of a re -opener:
Employee only
Employee + 1
Employee + 2+
Vision
$ 8.73
$ 16.40
$ 23.34
Dental
$ 56.68
$156.84
$156.84
Life
$8.70
$8.70
$8.70
Totals
$ 74.11
$ 181.94
$ 188.88
City pays
$ 71.18
$ 170.19
$ 176.67
RF pays
$ 293
$11.75
$12.21
CITY will pay the remaining premium for dental, life and vision.
14.4 The provisions of this ARTICLE shall be binding on the parties through the remainder of
the term of this MOU, which will be effective upon City Council approval. The parties
agree herewith to re -open discussion with respect to this ARTICLE, for any changes to
the 2022 health rates.
ARTICLE 15 UNIFORM ALLOWANCE
The uniform for the Fire Department is a two-piece work uniform and two T-shirts, of a style,
material and manufacture determined by the Fire Chief Two (2) complete uniforms will be
provided upon initial employment with the Fire Department, and replacements provided are on
an "as needed basis,' as determined by the Fire Chief. The CITY will provide safety footgear of
a type style, and manufacture, as recommended by the Fire Chief. CITY is responsible for
normal upkeep, i.e., heels and soles, with replacement as determined by the Fire Chief
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
ARTICLE 16 SALARIES
16,1 The base salaries in effect as of June 30 2020 through October 2, 2020 and effective
January 1, 2021 shall be as shown in Exhibit A. (The CITY and MBFFA agreed through
a side letter to a five percent (5%) salary reduction for Unit members for the period of
October 3, 2020 through December 31, 2020.) Effective July 1, 2021, the CITY shall
provide a cost of living adjustment ( `COLA") inciease to base salaries foi all Unit
classifications in the amount of five percent (5%), as shown in Exhibit B.
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 Lump Sum Payment Year Two In recognition of the financial and overall sacrifices
made during the COVID-19 health emergency contingent upon satisfaction of the
following financial terms and conditions, the CITY will provide a one-time lump sum
equal to $500 to all Unit members employed with the CITY during the period October 3,
2020 through December 31, 2020 (dutation of the financial concessions by MBFFA) and
who ate still employed when the lump -sum payments are issued by the CITY (anticipated
to be around October 1, 2021)
A, Total of three major General Fund Revenues (Property Tax, Sales Tax and
Transient Occupancy Tax) meet or exceed the combined Fiscal Year 2020/21
forecasted amount of $7,757,301 adopted by Council on June 23, 2020. 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 foi this purpose. Sales tax
shall exclude any consideration of Measure Q, Measure E and Cannabis Tax that
that is collected at any time during Fiscal Year 2020-21.
B. The CITY does not become responsible for any state / federally imposed
unfunded mandates from any external sour ce(s) that require significant
unplanned/un-forecasted General Fund expenditure(s) of more than $125,000
above the projected use of General Fund unassigned Reserves equal to $1,248,000
rn the Adopted FY 2020-21 budget (page A-11). This shall include but is not
limited to significant natural disaster(s), worsening financial conditions related to
the COVID-19 pandemic or a human -made disaster affecting the CITY, Any
such expenditure(s), cumulatively totaling $125,000 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 in no one-time lump -
sum payment being awarded to Unit members.
C. Should SEIU or POA negotiate different financial triggers or pre -conditions for
their lump sum payment, then the CITY agrees to re -open this MOU solely on the
01181.0026/708071.4Mom) Bay Firefighters Association 2020 - 2022 k[OU
issue of the difference in financial triggers. This provision shall not apply to the
amount of the lump sum payment provided either to SEIU or POA members.
ARTICLE 17 SPECIAL PAY PRACTICES
17.1 MFDIC DIFFERENTIAL
17.1.1 An employee, certified as an FMT-P (Paramedic), shall receive an annual
incentive of $6,088 68. This incentive is calculated as 9% of a Step 5 firefightei'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.
17.2 CALL -OUT PAY
17.2,1 It is agreed that the CITY will guarantee a minimum of three (3) hours pay,
computed at straight hourly rates, for any MBFFA member called back to duty
from an off -duty status.
17.2.2 If an employee is called to return to duty, such call -out shall not be canceled until
the employee reports to the Fire Station. To be eligible to receive the minimum
the employee must report to the Fire Station.
17.2.3 If an employee is on -duty and held beyond the end of the work period, time
worked will be paid as actual hours worked, under Section 10.4 of this MOU.
Such holdover shall not qualify for Call -out Pay.
17.3 WORKING OUT -OF -CLASS
Employees may be worked on an out -of -class assignment only as provided in the
Personnel Rules and Regulations of the CITY, except as provided herein below:
17.3.1 Employees shall receive an additional 5% compensation for out -of -class
assignments that last 24 consecutive hours. Such additional 5% pay shall start on
the 25th hour, 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.
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 fill vacancies with qualified employees.
17.3,5 Short-term out -of -class assignments (such as acting captain) will be paid on an
hour -for -hour basis.
17.4 STANDBY PAY
Compensation for standby duty for acting Fine 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 pait 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, stalling
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.
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 ]IOU
If the committee meets, during the designated employee's normal working hours, the
employee shall receive paid release time to attend the meeting.
18.4 If an employee becomes alerted to an unsafe condition or health hazard, they shall report
such condition to their immediate supervisor. If such conditions cannot be satisfactorily
remedied by the immediate supervisor, an employee has the right to submit the matter
either personally, or through the steward, to their Department Head, or designated safety
representative. On any matter of safety not resolved after proceeding through the above
process, consultation will take place between management and the MBFFA, if requested.
18.5 A first aid kit shall be furnished and maintained at work facilities readily and
conveniently accessible to MBFFA employees.
18.6 Management agrees to provide to employees, who are exposed to potentially toxic agents
or toxic materials, the appropriate medical services at no cost to the employee.
18.7 Any safety equipment required by the CITY shall be furnished by the CITY.
ARTICLE 19 MINIMUM STAFFING
19.1 CITY agrees to provide minimum staffing of three full-time personnel except in cases of
emergency as determined by the Fire Chief.
a. Exception: For brief transitional periods lasting 10 hours or less, minimum staffing
may be allowed to drop to a minimum of two with the Chiefs approval.
19.2 Prior City Strategic Plans have recommended the CITY provide 4-person daily staffing in
the Fire Department
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.
The CITY currently staffs a single, two-piece suppression company consisting of an
engine and a rescue. This response configuration is not affected by item a. above.
19.3 The CITY agrees to cap the total number of part-time, unrepresented firefighters to one
per scheduled 24-hour shift.
a Exception: In an emergency, and for mutual aid response coverage, the CITY may
have more than one reserve firefighter working 24-hour shifts, provided the CITY is
meeting its minimum staffing requirements
19.3.1 The Fire Chief may assign the least senior qualified Engineer as a floater to fill
shifts when other Unit members are off on leave, training, or otherwise unable to
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 mole 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 231120 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.
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 piocessing or investigation of a grievance shall take priority over normal fiinctions 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 author ized. 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
piocessing 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 giant 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.
01181.0026/70807L9Morro Bay Firefighters Association 2020 - 2022 MOU
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 world. 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 fimction, 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 world' 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.
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 shalt not
constitute a precedent in the future enforcement of all its terms and provisions.
ARTICLE 26 SEVERABILITY
If any provision(s) are held to be contrary to law by a court of competent jurisdiction such
provisions will not be deemed valid and subsisting except to the extent permitted by law, but all
other provisions will continue in full force and effect.
ARTICLE 27 JOINT DRAFTING
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal
construction or interpretation to be made of this MOU, the same shall not be construed against
any party.
ARTICLE 28 — CITY COUNCIL APPROVAL
The CITY 's labor relations representatives and the MBFFA's representatives have met and
conferred in good faith on wages, hours and other terms and conditions of employment for the
unit members represented by the MBFFA and have reached agreements which are set forth in
this MOU. This MOU when executed by the CITY's labor relations representatives and the
MBFFA s representatives constitutes a joint recommendation therefrom, after ratification of the
MBFFA s membership, to be submitted to the City Council for its determination and approval by
resolution, as the City Council may deem fit and proper. This Memorandum of Understanding is
of no force or effect unless or until approved and adopted by a resolution of the City Council.
ARTICLE 29 WORK SCHEDULE AND LEAVE PROVISIONS SPECIFIC TO THE
POSITION OF FIRE MARSHAL
The foregoing sections in this Article 29 shall apply only to the position of Fire Marshal. The
Fire Marshal's work schedule, and entitlement to overtime, compensatory time off, vacation
leave, and holiday leave shall only be as provided in this Article 29.
29.1 Work Schedule.
29.1.1. Workday. The normal workday shall be eight hours of work in a 24-consecutive
hour period except in cases of emergencies That work schedule may be altered
to conduct inspections during special CITY events and is subject to call back for
emergencies. In no case shall the Fire Marshal cover 24-hour shifts.
01181.0026/708071.4 Morro Bay Firefighters Associal ion 2020 - 2022 MOU
2912. Work Shift. The Fire Marshal shall be scheduled to work on regular work shifts
having iegulai 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 11159 p.m., except m 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 pei formed 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 over time. Vacation time and compensatory time off
shall be treated as hours worked The Fire Marshal shall not be entitled to a
premium rate of pay for work on Saturdays, Sundays, holidays, or regular days of
rest, provided they do not work beyond 40 hours in a workweek. (For example, if
due to a special CITY event, the Fire Marshal works five, eight -hour work days
from Wednesday through Sunday, they will not be entitled to any premium rate of
pay.)
29.1.5 Compensatory Time. The Fire Marshal shall be eligible to elect for compensatory
time off (CTO) in lieu of paid overtime, subject to the foregoing requirements and
restrictions. Compensatory time off earned will accrue at one and one-half (1.5)
times hours worked. CTO may be elected for overtime incurred due to
professional training time only. Maximum CTO accrual will be 100 hours. All
overtime earned after CTO is accrued to the 100-hour maximum will be paid in
cash Accrued CTO may be cashed out upon the request of the Fire Marshal and
the approval of the department. CTO accrued at time of separation will be paid
off. CTO may be taken off upon Fire Marshal request and department approval
CTO will not be approved if it will require overtime.
29.2. Vacation Leave. All leave time (vacation sick leave, holiday, etc.) must be taken on an
hour -for -hour basis, equaling actual time off, regardless of accumulation rates.
Dui ing the term of this AGRFEMENT, paid vacation leave for the Fire Marshal position
shall be earned at the following rate:
SERVICE YEARS ENTITLEMENT IN DAYS
1 thru 2 10
3 thru 4 11
5 thru 6 12
7 thru 8 13
9 thru 10 14
11 thru 12 15
13 thru 14 16
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
15 thru 16
17 thru 18
19 thru 20
21 or more
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 of the pay period containing November 1 of each year, they will have the
following options related to the excess hours:
a,
b.
c.
Cash out;
Convert hours to sick leave on an hour -for -hour basis; and/or
Paid to deferred compensation.
The CITY shalt take said action(s) with the pay period containing December 1 of each
year. Payment shall be computed, based upon the employee s base hourly rate of pay as
of June 30 of the same calendar year.
In the event of separation from the CITY, the Fire Marshal shall be entitled to pay for
accumulated vacation, prior to separation, at their current base hourly rate of pay.
29.3 Holiday Leave. For the purpose of this AGREEMFNT, 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
February 12
3rd Monday in February
Last Monday in May
Varies
Varies
01 /81.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
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 times -off shall authorized by the Fite Chief.
The Fire Marshal may accumulate up to a maximum of forty --eight (48) hours of holiday
time. Hours of holiday time, accumulated over 48 hours will be paid off. When the Fire
Marshal terminates employment with the CITY, they shall receive pay for their current
holiday balance, up to a maximum of 48 hours, at their current base hourly rate.
CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
The first payroll including July 1, the Fire Marshal's leave bank will be credited with 16
hours floating holiday.
MORRO BAY FIRE FIGHTERS ASS'N, CITY OF MORRO BAY
IAFF LOCAL 3725
Michael IIo_ese
Tra
Ilasch
`Stott Subler
Scott tollins, City Manager
Crk
Colin Tanner, Deputy City Attorney/Lead
Negotiator
L 01. 444
Dana Swanson, City Cleric
♦411fi
curie ofortl HunResources Analyst
01181.0026/708071.4 Morro Bay I i►'cfiglitem Association 2020 - 2022 h1OU
Holidays falling on Saturday shall be observed on the preceding Friday and holidays
failing 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 salve number of
equivalent work hours. Such time -off shall authorized by the Fire Chief.
The Fire Marshal may accumulate up to a maximum of forty-eight (48) hours of holiday
time. Hours of holiday time, accumulated over 48 hours will be paid off. When the Fire
Marshal terminates employment with the CITY, they shall receive pay for their current
holiday balance, up to a maximum of 48 hours, at their current base hourly rate.
CITY's denial of requested holiday time off shall be neither arbitrary nor capricious.
The first payroll including July 1, the Fire Marshal's leave bank will be credited with 16
hours floating holiday.
MORRO BAY FIRE FIGHTERS ASS'N, CITY OF MORRO BAY
IAFF LOCAL 3725
Michael Ho se
N.,....,
Tra' Hasch
ott Subler
Scott Collins, City Manager
Colin Tanner, Deputy City Attorney/Lead
Negotiator
Dana Swanson, City Clerk
Laurie Goforth, Human Resources Analyst
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
EXHIBIT A
CITY OF MORRO BAY
FY 20/21 MBFFA SALARY SCHEDULE
Effective July 1, 2020 through Octobei 2, 2020 and January 1, 2021
through June 30, 2021
TITLE
STEP
1
STEP
2
STEP 3
STEP
4
STEP 5
FIREFIGHTER
59,065
62,018
65,119
68,375
71,794
FIRE
ENGINEER
64,573
67,802
71,192
74,751
78,489
FIRE
CAPTAIN
74,227
77,938
81,835
85,927
90,223
FIRE
MARSHAL
88,114
92,520
97,146
102,003
107,103
Note: The parties agreed to a 5% salary reduction for Unit members for the period of October 3
2020 through December 31, 2020 pursuant to the Side Letter Agreement between the CITY and
MBFFA Regarding Successor MOU Negotiations and Temporary Salary Negotiations. The 5%
salary reduction for Unit members ceased on December 31, 2020.
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU
I-4,XHIBIT B
CITY OF MORRO BAY
FY 21/22 MBFFA SALARY SCHEDULE
Effective July 1, 2021
TITLE
STEP
1
STEP 2
STEP
3
STEP
4
STEP
5
FIREFIGHTER
62,018
65,119
68,375
71,794
75,384
FIRE
ENGINEER
67,802
71,192
74,751
78,489
82,413
FIRE
CAPTAIN
77,938
81,835
85,927
90,223
94,735
FIRE
MARSHAL
92,520
97,146
102,003
107,103
112,458
01181.0026/708071.4 Morro Bay Firefighters Association 2020 - 2022 MOU