CITY OF FAIRFIELD
&
FAIRFIELD GENERAL
MANAGEMENT
ASSOCIATION
July 01, 2022 2025 - June 30,
20252027
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE 1. RECOGNITION ................................................................................................................ 1 NO DISCRIMINATION ..................................................................................................... 1 ARTICLE 2. MOU CONTROLLING ...................................................................................................... 1 ARTICLE 3. TERM .............................................................................................................................. 2 DUES CHECKOFF ............................................................................................................. 2 ARTICLE 4. MANAGEMENT & EMPLOYEE RIGHTS: ........................................................................... 2 ARTICLE 5. COMPENSATION/WAGES ............................................................................................... 5 A. Wage Increases ................................................................................................................................ 5 B. Compensation Adjustments ............................................................................................................ 6 C. Process for Market Compensation Adjustments ............................................................................. 6 D. Bilingual Pay ..................................................................................................................................... 7 E. Pro-rata/Part-time Employment ...................................................................................................... 7 ARTICLE 6. PROBATIONARY PERIOD AND MERIT REVIEW ............................................................... 7 A. Probationary Period ......................................................................................................................... 7 B. Promotion/Demotion/Flexible Staffing ........................................................................................... 7 ARTICLE 7. LEAVE ............................................................................................................................. 8 A. Holidays ............................................................................................................................................ 8 B. Flexible Scheduling ........................................................................................................................... 9 C. Personal Leave ............................................................................................................................... 10 D. Vacation ......................................................................................................................................... 12 E. Sick Leave: ...................................................................................................................................... 13 F. Sick Leave Accrual Cap/Annual Distribution .................................................................................. 15 G. Bereavement Leave ....................................................................................................................... 16 ARTICLE 8. HEALTH / LIFE INSURANCE / FRINGE BENEFITS ........................................................... 17 A. Medical/Dental Program ............................................................................................................... 17
B. Cafeteria Plan ................................................................................................................................. 17 C. Vision Care ..................................................................................................................................... 17 D. Life Insurance ................................................................................................................................. 18 E. Employees’ Deferred Savings Accounts ......................................................................................... 18 F. Retiree Medical .............................................................................................................................. 19 G. Short Term Disability Insurance ..................................................................................................... 19 H. Long Term Disability ....................................................................................................................... 20 I. Medicare ........................................................................................................................................ 20 J. Direct Deposit ................................................................................................................................ 20 K. Financial Consulting Service ........................................................................................................... 20 L. Retiree Medical Expense Program ................................................................................................. 20 ARTICLE 9. UNIFORM ALLOWANCE/BOOT REIMBURSEMENT/TOOL ALLOWANCE ....................... 20 A. Uniforms ........................................................................................................................................ 20 B. Boots .............................................................................................................................................. 21 C. Car Allowance ................................................................................................................................ 21 D. Tool Allowance ............................................................................................................................... 21 ARTICLE 10. TUITION REIMBURSEMENT .......................................................................................... 21 ARTICLE 11. CERTIFICATION/LICENSE FEE ........................................................................................ 22 ARTICLE 12. RETIREMENT/PERS ....................................................................................................... 22 ARTICLE 13. LIGHT DUTY .................................................................................................................. 24 ARTICLE 14. GRIEVANCE PROCEDURE .............................................................................................. 25 A. Definition of Grievance .................................................................................................................. 25 B. Purpose .......................................................................................................................................... 25 C. Process ........................................................................................................................................... 25 D. General Provisions ......................................................................................................................... 26 ARTICLE 15. DISCIPLINE PROCEDURES ............................................................................................. 27 ARTICLE 16. LAYOFF ......................................................................................................................... 30 A. Statement of Intent ....................................................................................................................... 30 B. Notification .................................................................................................................................... 30 C. Vacancy and Demotion .................................................................................................................. 30 D. Seniority ......................................................................................................................................... 30 E. Employment Status ........................................................................................................................ 31 F. Re-employment List ....................................................................................................................... 31
G. Duration of Re-employment List .................................................................................................... 31 ARTICLE 17. NO STRIKE .................................................................................................................... 31 ARTICLE 18. REASONABLE SUSPICION DRUG TESTING .................................................................... 32 ARTICLE 19. SEPARABILITY AND INTEGRATION ............................................................................... 32 ARTICLE 20. OUT OF CLASS PAY ....................................................................................................... 32 ARTICLE 21. EMERGENCY DUTY PAY ................................................................................................ 33 ARTICLE 22. DISPATCH SHIFT COVERAGE PAY ................................................................................. 34 SIGNATURE PAGE ............................................................................................................... ...................... 35
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FAIRFIELD AND
THE FAIRFIELD GENERAL MANAGEMENT ASSOCIATION
WHEREAS, the Fairfield General Management Association ("FGMA" or the “Association") represents all general management positions excluding executive management; and
WHEREAS, the authorized representatives of the City and the authorized representatives of the Association have met and conferred pursuant to California Government Code Section 3500 et seq., and the City's Resolution No. 2001-185, in order to reach an agreement concerning wages, hours, and working conditions within the scope of representation; and
WHEREAS, the Association and the City hereby acknowledge that the provisions of this agreement are not intended to abrogate the authority and responsibility of the City Government provided for under the laws of the State of California or the ordinances and resolutions of the City Council; and
NOW THEREFORE, the City and the Association agree to this MOU as follows:
ARTICLE 1. RECOGNITION
The Association is recognized by the City as the exclusive representative of General Management Employees. As such, the Association has the exclusive right to serve as the negotiating representative for all such employees, on matters within the scope of representation as defined by California Government Code section 3504.
This MOU covers full-time and pro-rata general management unit employees who work more than 1,000 hours in a fiscal year. Pro-rata employees who work a minimum of 1,000 hours per year and an average of twenty hours or more per week over twelve months, will receive benefits on a pro-rated basis that corresponds to the number of hours they are regularly scheduled to work.
NO DISCRIMINATION
In the administration of this agreement, no person covered by this MOU shall be discriminated against because of race, national origin, religion, sex, sexual orientation, disability, age, marital status or on the basis of membership or non-membership in the Association, or participation of the activities of the Association.
ARTICLE 2. MOU CONTROLLING
The City's Employee Relations Resolution shall govern City employment, unless the MOU conflicts, in which case the MOU shall control.
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ARTICLE 3. TERM
The terms of this agreement shall commence from July 1, 2022 2025 and end on June 30, 20252027.
This MOU shall be administered and applied in a manner that complies with provisions of the federal, state and local disability and anti-discrimination statutes. The City reserves the right to administer and interpret the agreement to ensure compliance with such laws. This MOU provision shall not be interpreted to grant rights in addition to those conferred by federal, state and local laws.
DUES CHECKOFF
The City and the Association acknowledge that a dues checkoff procedure may be adopted pursuant to City Resolution No. 2001-185.
ARTICLE 4. MANAGEMENT & EMPLOYEE RIGHTS:
A. Management Rights
The Association recognizes that the City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of and the manner in which the City's activities are conducted, managed, and administered, and the Association recognizes the exclusive rights of the City to establish and maintain City and Departmental rules and procedures for the administration of its Departments during the term of this Agreement provided that such rules and procedures do not violate any of the specified express provisions herein.
The City retains the exclusive right and authority to schedule work as required in the manner most advantageous to the City.
It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described, nevertheless, it is intended that all such duties shall be performed by the employee.
The City reserves the right to discipline or discharge employees for cause, subject to the City's discipline procedures. The City reserves the right to lay off personnel in accordance with the City's procedures, and as established in this MOU.
The City shall determine work assignments, and establish methods and processes by which assignments are performed.
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The City shall have the right to transfer or reassign in a manner most advantageous to the City.
Except as otherwise specifically provided in this Agreement, the City retains unqualifiedly all rights and authority to which by law the City is entitled. The City shall have the authority to affect reorganization of its Departments. The Association recognizes that the City has rights and obligations in contracting for matters related to municipal operations. The right of contracting or subcontracting is vested exclusively in the City.
The Association pledges cooperation to increasing City efficiency and effectiveness. Any and all rights concerning the management, organization, and direction of the City shall be exclusively the right of the City unless otherwise provided by the express terms of this Agreement as permitted by law.
B. Employee and Association Rights
The Association and covered employees shall have those rights conferred by the Meyers-Milias-Brown Act, Government Code section 3500, et seq. Employees shall not have any formal punitive personnel action taken which will result in any loss of pay or benefits, unless the employee is notified in writing as to the reason or reasons thereof and given reasonable opportunity to respond. Nothing in this clause shall prevent the City from rejecting without cause an employee during probationary status.
Formally recognized employee organizations may select not more than two (2) employee members of such organizations to attend scheduled meetings with the Municipal Employee Relations Officer or other management officials on subjects within the scope or representation during regular work hours without loss of compensation.
Where circumstances warrant, the Municipal Employee Relations Officer may approve the attendance of additional employee representatives with or without the loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee’s representatives to the Municipal Employee Relations Officer at least three (3) calendar days in advance of such meetings. Provided further:
1. That no organization representative, who is a City employee, shall leave his or her duty or work station without specific approval of the Department Head or other authorized City Management official;
2. That any such meeting is subject to scheduling by City management in a manner consistent with operations and work schedules.
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from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. No compensation shall be paid City employees for any meetings or related work conducted out of the normal working hours.
Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location during normal work hours without the consent of the Department Head or the Municipal Employees Relations Officer. Such consent shall not be unreasonably withheld. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during normal work hours.
Recognized employee organizations may, with prior approval of the Municipal Employee Relations Officer, be granted use of the City facilities during off-duty hours for meetings of City employees provided such space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs and blackboards, is strictly prohibited, the presence of such other equipment in approved City facilities notwithstanding.
Recognized employee organizations may use portions of City bulletin boards under the following conditions:
1. Prior to posting, all materials must receive the approval of the Department or Division head in charge of the departmental bulletin board. Should the department head not approve any item for posting, and if after discussing the matter with the employee organization representative a disagreement still remains, then the matter shall be referred to the Municipal Employee Relations Officer for determination.
2. All materials must be dated and must identify the organization that published same.
3. Unless special arrangements are made, materials posted must be removed thirty- one (31) days after publication date.
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4. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations’ material.
5. An employee organization that does not abide by these rules shall forfeit its right to have materials posted on city bulletin boards.
The parties recognize that a substantial body of statutory and case law has developed relative to the rights and obligations of an employer and the employees pursuant to the Meyers-Milias Brown Act. It is agreed by both parties that each will be bound by applicable statutory and case law. It is also agreed in the interest of maintaining improved employer/employee relations, that each part will make a good faith effort to respect the rights of the other party at all times during the life of the Agreement.
ARTICLE 5. COMPENSATION/WAGES
A. Wage Increases
There will be no wage increases during the term of this agreement.
Each employee in the FGMA bargaining unit at the time of adoption of this Agreement will receive a benefit equal to 1.5% of their annual base wage in each year of the contract. An election period will be announced, during which each employee must elect one of the following options:
A single lump-sum cash payment each year equal to 1.5% of the employee’s annual base wage, exclusive of any premiums or incentives. The lump-sum payment is not reportable to CalPERS as compensation.
OR
31.2 hours (1.5% of 2080 hours) of paid time off each year in a separate bank. These hours will have no cash value, will not be available for cash-out at any time, and any remaining unused hours at the end of the contract term or upon separation will be forfeited.
For the first year of this Agreement, the selected benefit (cash payment or paid time off hours) will be provided to the employees within two (2) pay periods following the close of the election period. For the second year of this Agreement, the selected benefit will be issued during the first full pay period in July 2026.
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If an employee fails to complete and return the election form before the end of the election period, they will be deemed to have elected Option 2 (paid time off hours).Upon City Council approval of this MOU, FGMA represented employees shall receive the
following cost of living adjustments:
5% increase in base wages in the first full pay period in July 2022
3% increase in base wages in the first full pay period in July 2023
5.5% increase in base wages in the first full pay period in July 2024
B. Compensation Adjustments
The process for market comparison compensation adjustments ended with the final negotiated adjustment in 2007. The parties agree that the process for market comparison compensation adjustments, as described below, expired June 30, 2008, and will not be implemented during the term of this MOU. The parties agree to leave in language from the expired MOU to describe the process for market comparison compensation adjustments, in the event the parties negotiate such compensation adjustments in a subsequent MOU. Retaining a reference to language for market comparison compensation adjustments is not grievable and does not obligate the City to implement such adjustments absent an explicit future agreement.
C. Process for Market Compensation Adjustments
The City will gather compensation data (base salary less any employee PERS contribution not picked up by the employer) for the benchmark positions represented by FGMA, from each of the thirteen survey cities, as identified in the policy adopted by the Fairfield City Council in Resolution No. 2000-156. The internal salary relationships specified in Resolution No. 2000- 156 will be used in analyzing compensation for the FGMA represented classifications. In March 2014, the City will initiate a compensation study with FGMA. The results of the study will be shared with the FGMA Board, but no adjustments will be made during the term of this contract.
If, as of March 31st of the year in which compensation is analyzed, the base salary compensation is below the mean of the survey cities, an adjustment will be made to the FGMA represented benchmark positions and the related positions based on the internal salary relationship guidelines as established in Resolution No. 2000-156. The City will inform the FGMA on or between March 1st and May 31st which positions will be affected and the reason therefore. This base salary compensation adjustment will be effective the first full pay period of July of the year in which the adjustment is made.
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D. Bilingual Pay
Each employee who meets the City’s certification and eligibility requirement will be compensated an additional $100 per month beginning the pay period following testing and certification. The city will meet with FGMA to choose the qualifying languages for bilingual pay.
E. Pro-rata/Part-time Employment
Pro-rata (also referred to as part-time) employees’ benefits and fixed dollar premiums, such as bilingual pay, uniform allowance, etc. will be adjusted proportionally to their percentage of full-time employment and shall be entitled to dues check-off and union representation.
Pro-rata status will not impact salary anniversary dates, merit increase eligibility, or dates used for purposes of calculating seniority or longevity.
ARTICLE 6. PROBATIONARY PERIOD AND MERIT REVIEW
A. Probationary Period
General Management shall serve a probationary period of twelve months.
1. Merit/Review: If appointed at (or promoted to) Step 1, employees are eligible for a merit review six months after the date the action becomes effective. If appointed above Step 1, the merit review will be twelve months from the effective date.
B. Promotion/Demotion/Flexible Staffing
When changing an employee’s status, the following guidelines and definitions will apply:
1. Promotion
Upon promotion the employee will receive the salary step of the new classification closest to 5% without going under 5%.
A promotion is defined as moving from one classification to another classification where the top step salary of the new classification exceeds the top step salary of the previous classification. Employees who are promoted will serve a 6-month probationary period.
2. Demotion
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Upon demotion, the employee will go to the same step as they had in their previous classification prior to the promotion. Employees who are being demoted and have not held a previous classification with the City will be placed at the same step in the new classification as that held in the previous classification.
A demotion is defined as moving from one classification to another where the top step salary of the new classification is less than the top step salary of the previous classification.
3. Flexible Staffing
An employee who moves from a level I to a level II position, will receive the salary step of the new classification closest to 5% without going under 5%.
A flexibly staffed position is defused by a classification series that contains a I and II; for example, Management Analyst I and Management Analyst II.
Employees move from a I to a II designation upon completing the minimum qualifications of the II classification and upon recommendation of management.
4. Merit Date
The annual review date will change to correspond to the effective date of the promotion, demotion or flexing of the position.
ARTICLE 7. LEAVE
A. Holidays
Those scheduled for a forty (40) hour work week receive the following paid holidays:
New Year’s Day ● Columbus Day
Martin Luther King Day ● Veteran’s Day
President’s Day ● Thanksgiving Day
Memorial Day ● Day After Thanksgiving
Juneteenth (observed June 19) ● Christmas Eve
Independence Day ● Christmas Day
Labor Day ● New Year’s Eve
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Holidays that fall on Saturday shall be observed on the previous Friday and holidays that fall on Sunday shall be observed on a succeeding Monday. Sequential holidays falling on a Friday/Saturday or a Sunday/Monday shall be celebrated on a Friday and Monday.
1. Paid Holidays
To be eligible for holiday compensation (including in-lieu holiday credit), a new hire must be in a paid status on the regularly scheduled workday immediately preceding the observed holiday. Employees who are required to work on holidays accrue holidays as cash payment. The accrual rate is 48 hours per year. (1.847 hrs/pay period.)
2. Vacation In-Lieu or Holiday
Employees are eligible to take vacation in lieu of holidays as they are accrued. Classifications of Water Treatment Manager, Water Treatment Supervisor I & II, who are required to report to work on holidays, accrue vacation in- lieu of holiday at an accrual rate of 64 hours per year (2.46 hrs/pay period). The maximum accrual rate is 64 hours per year.
B. Flexible Scheduling
Flexible scheduling will be employed to mitigate the impact of excessive work required to be performed on weekends or during evenings that cannot be undertaken during weekdays, and required attendance at evening commission or neighborhood meetings.
With department head approval, a manager may start a workday later, or end it earlier, or take one or more workdays off, in recognition of such extraordinary work demands.
For payroll purposes, such hours not worked due to approved flexible scheduling shall be counted as “regular hours.”
Flexible scheduling is not intended to give compensating time off to managers who work beyond normal office hours, or who take work home, in the completion of their normal job duties, because managers are expected to work additional hours from time-to-time as necessary to complete projects on a timely basis, and to meet the level of quality sought by his/her department head and which the manager asks of him/herself.
However, flexible scheduling may be employed at the discretion of the department head in recognition of a prolonged and sustained period of excessive work hours involving nights and weekends which was required to complete a major project, or in the case of a significant commitment of additional work hours in response to a City emergency or disaster situation.
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Flexible scheduling is intended as a reasonable accommodation to extraordinary work demands, and not as an hour leave per extra hour worked. The timing and amount of any time off is at the discretion of the manager’s department head. If a manager feels that flexible scheduling has not been used to adequately address extraordinary work hours required of that manager, he/she may request that the Human Resources Director review the situation with the manager and/or manager’s department head to achieve a satisfactory resolution.
In the event a manager is assigned to work on a City holiday, the manager may earn additional compensation in the form of time off for the number of hours worked, in lieu of flexible scheduling.
C. Personal Leave
Employees hired or promoted into FGMA prior to the adoption of this Agreement:
1. Accrual Rate: Effective the first pay period after adoption of this Agreement, the annual personal leave accrual rate will be 100 hours (accrued at 3.85 hours per pay period).
2. Accrual Cap: The maximum personal leave hours that may be accrued are 300 hours (3.0 times the annual accrual rate). Any hours accrued in excess of this limit will be forfeited.
3. Excess Leave Bank: For any employee with personal leave balances in excess of 300 hours at the time of adoption of this Agreement, the personal leave hours in excess of the 300 hours maximum will be placed in an excess leave bank. Employees must elect one of the following options for excess leave hours:
a. Excess personal leave hours will be converted to cash at 100% of the current value at the time of adoption of this agreement. Employees may then elect one of the following options for receiving the cash value of these hours:
(i) Receive a cash payout either in a single payment or over multiple years.
(ii) Transfer the balance into the employee’s deferred
compensation account (457 plan), subject to IRS limits and plan Administrator approval, either in a single payment or over multiple years.
(iii) Transfer the balance into the employee’s Retirement Health Savings account, subject to IRS limits and plan Administrator approval.
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(iv) Any combination of the above.
b. Excess personal leave hours will remain available to use as time off for six (6) months following the adoption of this Agreement. Any excess personal leave hours remaining unused after this deadline will be converted to cash at 100% of the value of those hours at the time of adoption of this Agreement and be subjected to the payout options above.
4. Differential Pay: For employees hired or promoted into FGMA before the adoption of this agreement, the difference of 44.86 hours between the previous annual accrual amount (144.86 hours) and the new annual accrual amount (100 hours) will be converted to a differential pay in the amount of
2.16%. An election period will be established during which the employee may elect to apply the 2.16% differential pay to the City’s portion of the 401(a) plan contribution, per IRS guidelines. This differential pay will not be reportable to CalPERS as compensation. If the employee does not complete their election, they will receive the differential pay instead of the 401(a) contribution.
5. Use and Cash-Out: All employees are eligible to use personal leave as it is accrued, subject to Department Head discretion. The amount of personal leave available for cash out upon request is 100% of the accrued hours. Upon separation from the City, employees shall be paid for any unused personal leave. All accruals and limits as set forth above apply on a calendar year basis.
Employees hired or promoted into FGMA on or after adoption of this Agreement:
1. Accrual Rate: Effective the first pay period after adoption of this Agreement, the annual personal leave accrual rate will be 100 hours (accrued at 3.85 hours per pay period).
2. Accrual Cap: The maximum personal leave hours that may be accrued are 200 hours (2.0 times the annual accrual rate). Any hours accrued in excess of this limit will be forfeited.
1.3. Use and Cash-Out: All employees are eligible to use personal leave as it is accrued, subject to Department Head discretion. The amount of personal leave available for cash out upon request is 100% of the accrued hours. Upon separation from the City, employees shall be paid for any unused personal leave. All accruals and limits as set forth above apply on a calendar year basis.Employees are eligible to use as it is accrued, subject to Department Head discretion. The annual amount available is 144.86 hours (accrues at 5.57 hours per pay period).
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The amount of personal leave available for cash out upon request is 100% of the accrued hours. Upon separation from the City, employee is paid for any unused personal leave. All accruals and limits apply on a calendar year basis.
D. Vacation
1. For employees hired or promoted into FGMA prior to the adoption of this Agreement, Vvacation leave with pay shall accrue on the following basis:
Years of Service Vacation Accrual per Year
From date of hire through 3rd 3.08 hours per pay period (10 days per year)
Beginning 4th through 10th 4.62 hours per pay period (15 days per year)
Beginning 11th through 15th 6.15 hours per pay period (20 days per year)
Beginning 16th and over 7.69 hours per pay period (25 days per year)
DepartmentsEmployees are responsible for ensuring that maximum vacation hours that may be accrued are 2.0 times the employee’s current annual rate. Any hours accrued in excess of this limit will be forfeited.
2. For employees hired or promoted into FGMA on or after the adoption of this Agreement, vacation leave with pay shall accrue on the following basis:
Years of Service Vacation Accrual per Year
From date of hire through 5th 3.08 hours per pay period (10 days per year)
Beginning 6th through 14th 4.62 hours per pay period (15 days per year)
Beginning 15th and over 6.15 hours per pay period (20 days per year)
Employees are responsible for ensuring that maximum vacation hours that may be accrued are 2.0 times the employee’s current annual rate. Any hours accrued in excess of this limit will be forfeited.
1. Years of Service Number of Vacation Days Per Year From date of hire through 3rd 3.08 hours per pay period ( t e n ( 1 0 ) d a y s p e r y e a r )
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Beginning 4th through 10th 4.62 hours per pay period ( f i f t e e n ( 1 5 ) d a y s p e r y e a r )
Beginning 11th through 15th 6.15 hours per pay period ( t w e n t y ( 2 0 ) d a y s p e r y e a r )
Beginning the 16th and over 7.69 hours per pay period ( t w e n t y - f i v e ( 2 5 ) d a y s p e r y e a r )
3. 2. Vacation Cash-Out
FGMA represented employees may cash out up to 100 hours of their vacation balance each calendar year; provided, however, that employees exercising their option to cash out must maintain a combined minimum balance of 80 hours between vacation, comp time and vacation in lieu after the cash out. If deferring into 457 plan, the 100-hour maximum is not applicable, but FGMA members must keep 80 hours of combined accruals. FGMA members can elect to cash out any allowable accruals and transfer to their deferred compensation plan if they do not violate IRS law.
During the first six (6) months of employment, no vacation may be taken. Upon completion of six (6) months of continuous full-time service, vacation accrued during the previous six (6) month period may be taken. Vacation credits are earned during each anniversary year at the rate indicated above.
Upon separation from the City, employees shall be paid for any unused vacation credit.
Departments are responsible for ensuring that maximum vacation hours that may be accrued are 2.0 times the employee’s current annual rate.
3.4. Reciprocity
With the City Manager’s approval, any new employees hired after July 1st 2022, shallmay have reciprocity for years served at other public agencies for vacation accrual.
E. Sick Leave:
1. Accrual and Use
Employees shall receive twelve (12) working days of sick leave with pay for each full year, accrued biweekly at a rate of 3.70 hours per pay period. Employees are Return to Table of Contents 14
eligible to use sick leave as it is accrued. There shall be no limit on the amount of accumulated sick leave.
Sick leave shall be allowed and used solely for cases of actual personal sickness or disability, medical or dental treatment, or as authorized for other necessary health reasons and may be used by the employee for attendance upon a member of his/her immediate family who is seriously ill and requiring the care and attention by the employee. An employee intending to use sick leave for medical/dental appointments shall notify his/ her immediate supervisor in advance of the appointment.
For purposes of this section immediate family is defined as mother, father, step-mother, step-father, mother-in-law, father-in-law, spouse, domestic partner, son, daughter, step child, brother, sister, grandparent, grandchild, foster parent, foster child, or a child for whom the employee is a legal guardian.
2. Yearly Payoff
Except as herein provided, all employees may be paid annually on the first regular paycheck in December, twenty-five percent (25%) of the unused sick leave earned during the previous twelve (12) month period, ending the last pay period in November.
Employees leaving City service at their own request shall be compensated for twenty-five percent (25%) of unused sick leave earned between the end of the past pay period the previous November and the date of termination. If an employee dies while in City service, his/her beneficiary shall be entitled to the same. Employees discharged from City service shall not be eligible for benefits outlined in this paragraph.
3. Payoff with Death
If any employee dies after completing five (5) full years of employment, his/her beneficiary shall be entitled to payment for fifty percent (50%) of his/her accumulated sick leave.
4. Payoff with Duties Related to Death
If an employee dies due to a duty-related death, his/her beneficiary shall be entitled to payment for one hundred percent (100%) of accumulated unused sick leave.
5. Payoff upon resignation or termination
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Upon resignation or termination after 15 continuous years of employment, an employee shall receive 3% per year of all unused sick leave for each year of employment up to a maximum of 75% (or 25 years of service) of their total sick leave bank deposited into the Retiree Health Savings (RHS) account or 457 at their rate of pay upon separation. No other conversions or uses are permitted.
6.5. Payoff upon retirement
Upon retirement, the employee’s unused sick leave is treated as follows:
Employees hired prior to the adoption of this Agreement:
Upon retirement, the employee’s final sick leave balance will be apportioned into a qualified balance and a remaining balance. The qualified balance will be equal to 7% of the employee’s final sick leave balance for each full year of service with the City, up to a maximum of 75%. The remaining sick leave balance will be converted to PERS service credit.
The employee must elect one of the following options for their qualified sick leave balance:
a. 50% of qualified sick leave balance deposited into Retiree Health Savings or 457 account. The other 50% will be converted to PERS service credit. b. 75% of qualified sick leave balance deposited into Retiree Health Savings or 457 account. The other 25% will be converted to PERS service credit. c. 100% of qualified sick leave balance deposited into Retiree Health Savings or 457 account.
d. 100% of qualified sick leave balance converted to PERS service credit.
Employees hired on or after the adoption of this Agreement:
Upon retirement, the employee must elect one of the following options for their entire sick leave balance:
a. 50% of sick leave balance deposited into Retiree Health Savings or 457 account. The other 50% will be forfeited.
b. 100% of sick leave balance converted to PERS service credit.
The retiring employee shall receive 3% per year of employment of all unused remaining sick leave up to a maximum of 75% (or 25 years of service) deposited into the Retiree Health Savings account or 457. The remaining balance of unused sick leave shall be converted to PERS service credit. No other conversions or uses are permitted.
F. Sick Leave Accrual Cap/Annual Distribution
In December of each year, for sick leave hours accrued above 500, employees must elect to receive a distribution of sick leave hours by contribution to a qualifying 457 Return to Table of Contents 16
program, the Retiree Health Savings account, or other qualifying account (including post tax) in accordance with IRS and plan document rules.
If contribution to a qualifying 457 program, the RHS, or other qualifying account is elected, employee will receive 100% of the value of those hours at their corresponding hourly base rate of pay.
G. Bereavement Leave
The Department Head may grant his/her employees up to a maximum of five (5) days of bereavement leave in the event of death or serious traumatic injury to the employee’s family. Family is defined as mother, step-mother, mother-in-law, father, step-father, father-in-law, spouse, domestic partner, son, daughter, step-child, brother, sister, grandparent, grandchild, foster parent, foster child, or a child for whom the employee is legal guardian. The City Manager may grant City employees up to a total often (10) days of bereavement leave. All bereavement leave requests in excess of five (5) days must be approved by the City Manager. The number of authorizations that may be made to any employee are not limited.
A “serious traumatic injury or illness” is defined as a sudden and unexpected event which requires prompt and immediate attention from the employee without delay. It may also include attending to the need of an immediate family member who is expected to die in the immediate future. Bereavement leave shall be taken immediately in conjunction with the event of death or serious traumatic injury or illness.
City employees eligible for bereavement leave include those who have been employed for at least 30 days prior to taking leave.are probationary, full-time employees, permanent full-time employees, pro-rata employees, and career part-time employees.
An employee wishing to receive more than three five (35) days bereavement leave must submit an employee absence form and a memo to his/her supervisor or department head for approval. The employee’s supervisor or department head submits a memo to the Director of Human Resources explaining the purpose of the request, along with the approved absence request from indicating bereavement leave. The Director of Human Resources writes a memo to the City Manager requesting authorization to grant the bereavement leave.
If a city paid holiday falls within the time period that an employee is receiving bereavement leave benefits, the holiday does not count as a day for purpose of calculating the bereavement leave.
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Bereavement leave shall be completed within three (3) months of the event of death or serious traumatic injury or illness and need not be taken consecutively.
ARTICLE 8. HEALTH / LIFE INSURANCE / FRINGE BENEFITS
A. Medical/Dental Program
Full-time employees are eligible for health and dental coverage beginning the first day of the first month after date of hire.
Effective in the first full pay period after City Council approval, the employee contribution for health and dental insurance shall be adjusted to the equivalent currently paid by confidential managers. Future contributions will be adjusted based on a 50/50 split of the increase or decrease in premium for the Kaiser $35 copay plan and the Delta Dental HMO plan. This 50/50 sharing between the City and the employee for changes in premium to medical and dental plans will continue in the 2023, 2024 and 2025 plan years.
The City shall not automatically assume responsibility for the increase in employee medical and dental premiums after the expiration of this Agreement.
The City will advise the bargaining unit of healthcare premium renewals and will schedule a meeting with the City’s Broker of Record to allow the unit to ask questions about the rates and plans.
B. Cafeteria Plan
Any unused balance under the “Cafeteria Plan” will be paid out with regular salary or may be used for additional medical or dependent care. Employees providing proof of other coverage may drop health/dental coverage and receive taxable income, of $518 per month. Employees electing dental only receive $518 per month less the cost of the premium for the dental plan in which they have enrolled. Employees electing medical only do not receive any payments.
The City’s Cafeteria Plan provides tax deferral of out-of-pocket health/dental premiums.
Medical and dependent care expenses can be paid on a non-taxable basis. Allocation amounts must be determined at the beginning of the plan period. Services must be received during the plan period and any unused allocation will be lost. Coverage is extended to IRS approved medical and/or dependent care expenses.
C. Vision Care
The City health plans may provide for a vision rider. The cost of the rider shall be included in the total premium for such plans. The total premium may be offset by the Return to Table of Contents 18
contribution amount specified in Section B. Employees enrolled in a health plan without a vision rider may be reimbursed up to a maximum of $435 total per calendar year for the employee and his/her immediate family for eye exam and prescription glasses/contacts, upon presentation of appropriate receipts. Amounts not used in any year cannot be carried forward to future years. Employees not enrolled in a city health plan are not eligible for the vision reimbursement program.
D. Life Insurance
For basic life insurance, employees covered by this MOU will be eligible the first day of the first month after date of hire. The City will pay in full an amount equal to 1.5 times the annual salary rounded to the next $1,000 for a Life and Accidental Death/Dismemberment insurance policy to a maximum of $150,000.
For supplemental life insurance, employees covered by this MOU will be able to purchase coverage equal to six times their annual salary. Health questionnaires are required for the purchase of the Supplemental Life Insurance.
E. Employees’ Deferred Savings Accounts
The City of Fairfield and the Fairfield General Managers Association (FGMA) were parties to a Memorandum of Understanding (MOU) that was extended from June 30, 2021 to June 30, 2022. The parties agreed to amend Section 8.E (Employees Deferred Savings Account) that increased the contribution from 8.24% to 9.49% to 401(a) or 457 plans to pursuant to the eligibility criteria described in the section after the first full pay period following the adoption of the side letter approved by City Council on 08-17-21 (Resolution #2021-196).
Effective July 29, 2022:
401(a): All FGMA employees are required to participate in the 401(a) plan.
For employees hired or promoted into FGMA prior to the adoption of this Agreement, the minimum participation level will be a City contribution of 11.0% and an employee minimum contribution of 4.1%. For employees who elected to receive the differential pay in lieu of personal leave as described in Article 7 of this Agreement as an increase to their 401(a) contributions, the City contribution will be 13.16%.
For employees hired or promoted into FGMA on or after the adoption of this Agreement, the minimum participation level will be a City contribution of 10.0% and an employee minimum contribution of 4.0%. City contributions to 401(a) for employees hired on or after the adoption of this Agreement will vest after the employee reaches five (5) years of City service. Employee contributions vest immediately.
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The City contribution will be 10.40% and the employee will contribute 4.1% to total
14.5%. Total contributions are limited to the amount specified by Federal law.
Enrollment in the 401(a) plan is irrevocable.
457: Employees will be eligible to participate effective their date of hire. The City will not provide a contribution to the 457, and the employee contribution will be optional.
Total contributions are limited to the amount specified by Federal law. Changes in employee’s deferred savings account may be authorized monthly.
The City will endeavor to implement a 457 Roth plan as an option for employee contributions.
F. Retiree Medical
Employees may continue enrollment in City retiree health plans at their option, and at their cost, upon retirement. Employees will be allowed a one-time irrevocable election at the time of retirement to elect retiree coverage. Retirees may be enrolled in either the health or dental plans, or both. Retirement shall mean employees who retired from the City of Fairfield with a PERS retirement at the time of separation and who remain continuously retired under PERS.
Retirees are responsible for paying the full cost of the premium by the due date set by the City. If payment is not timely received, the retiree and any spouse or dependent, shall be terminated from the program without right to re-enroll at a later date.
Retirees must enroll in a Medicare-supplement plan when they become eligible for Medicare, presently at age 65. Failure to enroll in a Medicare-supplement plan will result in termination from the program. The Medicare premium is the responsibility of the retiree.
In the event of a death of a retired employee, the surviving spouse and dependents who are participating in the city plan at the time of death of the retired employee, may continue on the City health insurance plan at his/her own cost under COBRA regulations only, subject to plan restrictions and conditions.
For all retirees, once health and dental coverage is terminated, it cannot be later reinstated.
G. Short Term Disability Insurance
The City administers the self-funded Short-Term Disability (STD) plan. The STD benefit schedule shall match the State Disability Insurance (SDI) benefit schedule. The benefit Return to Table of Contents 20
commences after a 7-day waiting period, or immediately, if hospitalized. Coverage is for non-industrial injuries for a maximum of 180 days. The current premium is $6.00/month paid on an after-tax basis by the employee which may be adjusted annually based on an actuarial study. An employee is eligible the first of the month after three (3) months continuous employment. STD payments received are non-taxable, as permitted by law.
H. Long Term Disability
Employees will be eligible the first day of the first month after date of hire. There will be a 180-day waiting period after the date of the injury or illness causing the disability before employees are eligible for benefits. The maximum benefit will be equal to 60% of salary, subject to the benefit maximum. The City reserves the right to change insurers at its discretion.
I. Medicare
All employees hired on or after April 1, 1986 shall contribute a portion of their gross salary (1.45%) for Medicare coverage as determined by federal regulations.
J. Direct Deposit
Upon written request from an employee, their paycheck shall be directly deposited in an approved bank, savings and loan or credit union.
K. Financial Consulting Service
Optional enrollment; enrollment irrevocable while employed with the City; current service provided through the Association with Benefits Communication Network (BCN); employee pays $24/yr.
L. Retiree Medical Expense Program
The City provides a Retiree Medical Expense Program via ICMA VantageCare. The Retiree Medical Expense Program shall have the following attributes: tax-free treatment of health benefits, tax-deferred treatment of earnings and payments, ability to charge any health premiums and unreimbursed health costs (not just City health plans), assets remaining after employee’s death go to spouse/dependents. The City shall contribute $50.00 per month per employee toward this program.
ARTICLE 9. UNIFORM ALLOWANC E/BOOT REIMBURSEMENT/TOOL
ALLOWANCE
A. Uniforms
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The City shall provide a uniform allowance to those employees who have been required by their Department Head to wear a Department approved uniform. The annual allowance is as follows:
Dispatch Shift Supervisor - $800
Fire Prevention Supervisor - $650
Police Support Supervisor assigned to Code Enforcement - $800
Subject to the discretion of the Department Head or designee, employees receiving a uniform allowance shall be required to wear their uniform while at work.
Should the City establish a new FGMA classification whose subordinates receive a uniform allowance, the parties agree to discuss whether to provide a uniform allowance for the new classification based on the above paragraph.
The allowance shall be paid in two equal installments. The dates for these payments shall be the first pay date in June and the first pay date in December. The uniform allowance shall be reported to PERS as special compensation pursuant to PERS regulations.
B. Boots
The City shall provide an annual boot reimbursement for any member in the bargaining unit who is required to wear specialized footwear in a portion of their normal duties in an amount not to exceed $150 per calendar year. This amount will increase in January 1, 2010 to $175 per calendar year. The boots purchased must have the following attributes: oil resistant, leather uppers, ankle height or above, and any other specific requirements as stipulated by management.
C. Car Allowance
At the discretion of the City Manager, a car allowance is provided to employees in lieu of a mileage reimbursement. The City Manager will consider those employees whose Department Heads have requested they receive the Car Allowance. The decision of the City Manager is final and is not subject to a grievance.
D. Tool Allowance
Vehicle Maintenance Supervisors will receive a $400 tool allowance to repair or replace their personal tools which are used in the workplace. The allowance will be paid on the first pay date in June and will commence in June 2013.
ARTICLE 10. TUITION REIMBURSEMENT
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The City will provide a tuition and books reimbursement program to non-probationary employees for educational activities which are directly job- related and approved in advance by the Department Head, subject to reimbursement guidelines established by the City’s Director of Human Resources. The annual tuition reimbursement amount available per employee, per calendar year, is $4,000.
ARTICLE 11. CERTIFICATION/LICENSE FEE
Employees who are required by the City as a condition of employment, continued employment, or as a standard in the employee’s profession to obtain state certification or licensing in the field in which they are employed by the City shall be reimbursed by the City, upon successful completion of such certificate or license, for the actual cost of such certificate or license.
ARTICLE 12. RETIREMENT/PERS
A. The City has a two-tier retirement system for CalPERS Classic members. For e
Tier 1. Employees hired by the City before the effective date of the PERS contract that modifies the formula for new hires as described below, the City’s contract with the Public Employee’s Retirement System (PERS)prior to 8/26/2012 shall provide forreceive the following benefits to the extent provided by the Public Employee’s Retirement Law (PERL):
2.7% @ 55 retirement formula, (GC § 21354.5)
Death benefits - Basic Level (GC § 21532)
1959 survivor’s benefits (Level IV) (GC § 21574)
Continuation of Pre-Retirement Death Benefits After Remarriage of Survivor (GC § 21551)
Industrial Disability Retirement for Miscellaneous Members (GC § 21151) PERS unused sick leave credit option (GC § 20965)
Single highest year coverage (GC § 20042)
Military service credit as public service (GC § 21024) Employee Sharing Cost of Additional Benefits (GC § 20516)
Upon approval of the City Council the City shall adopt a two tier retirement system which shall apply to all eTier 2. Classic membersmployees hired after the effective date (8/26/2012) and subject to PERL. The benefits of the second tier are as follows shall receive the following benefits to the extent provided by the Public Employee’s Retirement Law (PERL):
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2.5% @ 55 retirement plan formula (GC § 21354.4)
Death benefits — Basic Level (GC § 21532)
1959 survivor’s benefit (Level IV) (GC § 21574)
Continuation of Pre-Retirement Death Benefits After Remarriage of Survivor (GC § 21551)
Industrial Disability Retirement for Miscellaneous Members (GC § 21151) PERS unused sick leave credit option (GC § 20965)
Three yearThree-year highest average for final compensation (GC § 2047520037)
Military service credit as public service (GC § 21024) Employee Sharing Cost of Additional Benefits (GC § 20516)
B. Currently, Classic Member FGMA employees pay 8% of salary toward PERS costs. This is comprised of the employee paying 5.5% (of a total 8.0%) of the Employee rate, plus
2.5% of the Employer rate. Classic Member FGMA employees will begin to pay an additional 1.25% of Employer PERS cost the first full pay period following City Council adoption of the successor MOU. Employees will begin to pay a further 1.25% of Employer PERS cost the first full pay period in July, 2018. Total Employee PERS contributions after these two increases will be 5.5% of the Employee PERS cost and 5.0% of the Employer PERS cost.
B. The City will continue to maintain the 2.5% EPMC for FGMA Classic miscellaneous members hired or promoted into FGMA prior to the adoption of this Agreement. FGMA Classic miscellaneous members have agreed to share 2.75% towards the City of Fairfield’s CalPERS cost pursuant to Government Code 20516. The total employee contribution is 10.75% (8.0% + 2.75% cost share).
FGMA Classic miscellaneous members hired or promoted into FGMA on or after the adoption of this Agreement will share 2.5% towards the City of Fairfield CalPERS cost pursuant to Government Code 20516 and will not receive EPMC. The total employee contribution is 10.5% (8.0% + 2.5% cost share). at full City cost through the end of fiscal year 2020-21. Classic Member FGMA employees will begin to pay 0.25% of the Employer PERS cost to help fund the 2.5% EPMC the first full pay period in July, 2020. Total Employee PERS contributions after this increase will be 5.5% of the Employee PERS cost and 5.25% of the Employer PERS cost.
C. Employer paid member contribution (EPMC) is reported to PERS as salary for PERS retirement purposes only.
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D. Employees may purchase service credit through pre-tax payroll deduction. (IRS Section 414 (h) (2)
E. Effective January 1, 2013, employees who are hired and are for purposes of PERS considered new employees as defined by PERL are eligible for 2% @ 62 with a three- year average for final compensation. Employees in this group will only pay 50% of the total normal cost as determined by PERS.
ARTICLE 13. LIGHT DUTY
Light duty may be provided for employees who are unable to work due to injury or illness from either industrial or non-industrial causation. Further, workers’ compensation law and disability plans provide that an employee is not entitled to temporary disability benefits if suitable light duty work is available. The basic principles are as follows:
The employee is temporarily not able to resume full duty, but is capable of performing some work duties.
The employer may develop a light duty work assignment commensurate with the employee’s temporary work restriction.
If the employer is unable to offer light duty work, the employee is entitled to continued temporary disability benefits until the employee is able to resume normal duties, or is permanent and stationary, whichever is earlier. If the employee declines suitable light duty work, the employee is no longer entitled to temporary disability benefits.
It is the City’s policy to temporarily provide light or modified duty work assignments, when possible to all injured employees until they can return to full work status. However, the City is under no obligation to provide light or modified duty if there is none available.
A physician may return an injured employee to duty with work restrictions prior to releasing the employee to his/her regular full work duties. It is important that the treating physician understand the physical job demands of the injured worker in order to prescribe the proper work restrictions. The City must communicate with the treating physician the essential functions of the job classification is that necessary work restrictions may be determined. Risk Management consults with the physicians to provide this information on an as needed basis.
A “light duty” assignment is made when an employee’s work restriction (s) can be temporarily accommodated within his/her normal duties. A “modified duty” assignment is made when an employee’s work restrictions(s) is considered to be permanent and their position duties are accommodated to allow for the work restriction.
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Under this policy, Supervisors have the added responsibility to ensure that any and all work restrictions specified by the treating physician are rigidly adhered to and enforced during the period of light or modified duty assignment, and employees are required to adhere to the work restrictions.
Light and/or modified duty assignments shall be considered flexible and adaptable to meeting the particular needs of both the disabled employee and the department. This may include assignments of less than eight (8) hours a day, frequent breaks, the use of modified work stations, and so forth. Each situation will be evaluated on an as-needed basis. The assignment of a light or modified duty position shall not be considered a permanent job placement.
If an employee is released by his or her treating physician to light or modified duty, Human Resources follows up with the department to determine whether the employee can be returned to work in a light duty mode. If the department does not have a light or modified duty assignment for the employee, the employee receives temporary disability payments for industrial injury or illness, and may be eligible for short term disability benefits for non- industrial injury. The City may assign employees to light duty work in other departments or divisions provided that the work duties are appropriate for the skills of the employee and the work restrictions.
ARTICLE 14. GRIEVANCE PROCEDURE
A. Definition of Grievance
A grievance is defined as an allegation by the Association or an individual covered by the Memorandum of Understanding (MOU) that the City has violated: (a) an express term of the MOU; (b) a written personnel rule or regulation in the City; or (c) an established City policy governing personnel practices or working conditions.
B. Purpose
It is the intent of the parties to deal with and settle grievances informally, promptly and fairly, and at the nearest practical organizational level.
C. Process
In any instance of a grievance, the employee or employees concerned shall first make efforts to resolve such grievance informally with their immediate supervisor within twenty (20) calendar days following the occurrence of the events on which the grievance is based.
1. First Step
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If a mutually satisfactory solution of a grievance is not reached after informal discussion with the immediate supervisor then the aggrieved party shall submit a formal written grievance to the immediate supervisor within five (5) working days. The immediate supervisor must submit a written response within five (5) working days.
2. Second Step
If the grievant is not satisfied with the supervisor’s response, the grievant(s) may advance the grievance to the second level supervisor within five (5) working days. The second level supervisor shall consider the matter and submit a written response within five (5) working days after receiving the grievance.
3. Third Step
If the grievant is not satisfied with the second level supervisor’s response, the grievant may advance the grievance to the Department Head within five (5) working days after receiving the second level supervisor’s response. The Department Head shall consider the matter and submit a written response within five (5) working days after receiving the grievance.
4. Fourth Step
If the grievant is not satisfied with the Department Head’s response the grievant may advance the grievance to the City Manager within five (5) working days after receiving the Department Head’s response. The City Manager (or designate) shall consider the matter, and may hold a hearing at his/her discretion and submit a written response within ten (10) days after receiving the grievance. The decision of the City Manager shall be final.
D. General Provisions
1. Consolidation of Grievances
In order to avoid the necessity of processing numerous similar grievances, a single “class grievance” may be filed by employees who are within a single department. The City also reserves the right to consolidate responses to such grievances.
2. Requirements for Written Grievances
Grievances must contain the following information in order to be considered:
a. the grievant’s name, signature and classification;
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b. a list of those specific policies or MOU provisions alleged to have been violated
c. a statement of the facts and circumstances supporting the grievances;
d. a description of all relief requested; and
e. the address where the grievant wishes the grievance to be postmarked.
3. Receipt of Grievance
A grievance shall be considered “received” within five (5) days of being postmarked to the address specified by the grievant.
4. Time Limitations
If a grievant fails to advance the grievance to the next step, as specified in this procedure, the grievance shall be considered withdrawn. If the City fails to respond within the time specified in this procedure, the grievance shall be considered advanced to the next step. Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived or modified upon the written consent of all parties involved.
5. Scheduling
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance. Whenever reasonably feasible, grievances shall be handled during the regularly scheduled working day hours of the parties involved, and at a mutually convenient time for all affected parties.
6. Advances
With the written consent of the City, grievances may be submitted directly at Step 3 or 4 of the grievance procedure.
ARTICLE 15. DISCIPLINE PROCEDURES
The City will follow Department of Labor (DOL) regulations pertaining to FLSA in implementing disciplinary deductions. As used in this section, working day shall refer to the employee’s working day of the party involved (employee, supervisor, Department Head, City Manager and/or their designees), depending upon whose response or action is pending.
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A. For suspensions of three (3) days or less, steps 1-7 shall be followed. Written reprimands are not appealable.
1. The immediate supervisor may meet with an employee to discuss proposed discipline actions after notifying the employee in writing that such a meeting is being held for the purposes of ascertaining whether disciplinary action is appropriate.
2. After any meeting or meeting held under paragraph A.1, the supervisor shall notify the employee of the proposed discipline action by written notice containing the following:
a. A description of the action taken and its effective dates;
b. A clear and concise statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based;
c. A statement advising the employee of the right to respond, either verbally or in writing, to the authority proposing the action prior to its effective date;
d. A statement that a copy of the materials upon which the action is based is attached or available for inspection upon request; and
e. A statement advising the employee of the method and right to appeal and the time within which the appeal must be made.
3. If the employee disagrees with the proposed disciplinary action, he or shall within five (5) working days of the written notice request a meeting with the supervisor recommending discipline to attempt to resolve the issue.
4. The supervisor shall confirm the results of the meeting in a memorandum to the employee. If the employee disagrees with the results, the employee may submit the matter to the employee’s second level supervisor for discussion within five (5) working days from the date of the memorandum.
5. The second level supervisor shall meet with the employee within 10 working days from the date of the appeal. The supervisor shall issue his/her decision in writing within 10 days of the meeting. If the employee disagrees with the supervisor’s decision, the employee may appeal the decision to their Department Head within five (5) working days of the date of the written response from the second level supervisor.
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6. The Department Head shall meet with the employee within 10 working days from the date of the appeal. The Department Head shall issue his/her decision in writing within 10 working days of the meeting. If the employee disagrees with the Department Head’s decision, the employee may appeal the decision to the City Manager within five (5) working days of the date of the written response from the Department Head.
7. The City Manager shall meet with the employee within 10 working days from the date of the appeal. The review at the City Manager’s level is not a full evidentiary hearing. The City Manager (or designate) shall consider the matter, may hold a hearing in his/her discretion, and will submit a written response within ten (10) working days after the hearing is held. If a hearing is not held, the response shall be issued within 10 working days of receiving the appeal.
B. For suspensions for more than three (3) days, demotions or terminations, Steps 1-7 under paragraph A shall be followed, along with the additional steps below:
1. An employee who has been suspended for more than three (3) days, demoted or terminated may appeal the decision of the City Manager, within five (5) working days of receiving the City Manager’s decision. The City Manager shall appoint a hearing officer from State Mediation and Conciliation Service or other such organization whose purpose is to provide a qualified hearing officers who shall conduct an administrative hearing. The City Manager or designee shall consult with the employee’s representative prior to making the appointment. The hearing officer shall be a neutral party from outside the organization.
2. The fees and expenses of the hearing officer and court reporter shall be borne equally by the parties. Other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other;
3. A party requesting a transcript to the hearing shall bear the cost thereof;
4. The hearing officer shall hold a hearing and make a recommendation to the City Manager to sustain, modify, or reverse the disciplinary decision. A copy of the recommendation will be forwarded to the employee. The City Manager or designee will then issue a final decision within ten (10) working days of receiving the recommendation and may, but is not required, to accept the hearing officer’s recommendation.
5. This procedure does not constitute a waiver by the employee’s representative of its Return to Table of Contents 30
right to request a review of the City’s decision in a court of law pursuant to Code of Civil Procedure § 1094.5.
ARTICLE 16. LAYOFF
The City will consult with FGMA on furloughs, voluntary time off (VTO) and/or alternative working schedules as an option to mitigate budget reductions.
A. Statement of Intent
If it becomes necessary for the City to abolish any position, the employee holding such position or employment may be laid off or demoted for purposes such as shortage of funds or shortage of work Such layoffs shall not be considered disciplinary actions for appeal purposes.
B. Notification
Employee to be laid off or demoted shall be given, whenever possible, at least thirty (30) calendar days prior written notice. In lieu of the thirty days written notice, the City may choose to give the laid off employee up to one month’s severance pay. Upon written request of the employee, the department head or designee will approve up to one month’s severance pay for the laid off employee.
C. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee is qualified. All persons so demoted shall have their names placed on the re- employment list.
When the Director of Human Resources believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills and fitness for the work, the Director of Human Resources may prepare a written request to the City Manager to grant an exception to the order of layoff after consultation with representatives of the recognized employee association.
An employee affected by the layoff shall have retreat rights to displace an employee in the same department who has less seniority in a lower class in the same class series or in a lower classification in which the affected employee once had permanent status.
Employees may displace only those employees who have less seniority in the same classification within the City.
D. Seniority
In order to retreat to a lower class an employee must request displacement action in Return to Table of Contents 31
writing to the Human Resources Department within five (5) working days of receipt of the notice of layoff.
Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class.
E. Employment Status
In each of the positions, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary, and permanent.
Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more permanent employees in the class from which the layoff is to be made shall be laid off in inverse order of seniority in City service.
F. Re-employment List
The names of persons laid off or demoted in accordance with these rules shall be Entered upon are-employment list. Such a list shall be used by the appointing authority when a vacancy arises in the same or lower class position before certification is made from the eligible list.
G. Duration of Re-employment List
Names of persons laid off shall be carried on a re- employment list for two (2) years, except that person appointed to permanent position of the same level as that which laid off, shall, upon such appointments, be dropped from the list. Persons who refuse re- employment shall be dropped from the list. Persons re- employed in a lower class shall be continued on the list for a higher position for two (2) years. All persons re-employed after one (1) year shall be required to serve a new probationary period.
ARTICLE 17. NO STRIKE
The Association, on its own behalf and on behalf of the unit employees it represents, agrees that during the term of this MOU, and throughout all periods when there is any effort or procedure underway to arrive at a successor Agreement, and during any period when the Return to Table of Contents 32
law prohibits strike activity, there will be no strike, work stoppage, concerted unauthorized absences slow-down, or refusal to cross picket lines of any sort, and that the Association will not directly or indirectly encourage or condone such actions by unit employees.
Any bargaining unit member violating this provision shall be subject to disciplinary action, up to and including termination of employment.
This provision may be specifically enforced in any court of competent jurisdiction.
ARTICLE 18. REASONABLE SUSPICION DRUG TESTING
In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all FGMA employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion testing procedure in the City of Fairfield Substance Abuse Policy.
ARTICLE 19. SEPARABILITY AND INTEGRATION
Except as specifically provided herein, if any article or provision of this Agreement, or any portion thereof is in conflict or inconsistent with applicable laws, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such article or provisions, or portion thereof shall be suspended and superseded by such applicable law and the remainder of such article, provision, or portion thereof of the Agreement shall not be affected thereby.
ARTICLE 20. OUT OF CLASS PAY
Employees assigned to work out-of-class shall receive a temporary salary upgrade of 5% (calculated on their base rate of pay) on the following conditions:
1. The assignment is made to a higher class that has a 5% or greater pay differential;
2. The assignment requires the employee to perform duties included in the job description for the higher class due to either a temporary vacancy or specific short-term work;
3. The assignment is approved by the affected Department Head, or designee; and,
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4. The 5% increase will take effect following the 14th consecutive calendar day of the out- of-class assignment.
Such temporary assignments are entirely discretionary on the part of the City; no property or other rights may be asserted by grievance or otherwise concerning the City's assignment, reassignment or refusal to assign or reassign employees to an out-of-class position.
The entire period of assignment at the higher acting classification, including the initial work demonstration period, may not exceed 60 working days, except by mutual agreement of the City and the employee. Extensions beyond 60 working days also require pre-approval of the City Manager or his/her designee.
Employees, who are members of FGMA and are given a higher classification acting duty assignment in a classification in another bargaining unit, will continue to have all pay and benefits determined by this MOU.
The City will not circumvent the intent of this section by using a rotation of various employees in two-week increments. Time served when receiving out of class pay does not count towards the employee's probationary period for the higher classification should the employee be subsequently appointed in to that position.
The City of Fairfield and the Fairfield General Managers Association (FGMA) Agree to continue to meet and confer to address FGMA’s concerns regarding long term acting/out of class assignments for its represented employees. The parties further agree to start the meet and confer process as soon as the MOU is adopted by the City Council.
ARTICLE 21. EMERGENCY DUTY PAY
Additional compensation to be paid to FGMA represented employees as follows: to provide compensation for employees who work in the Emergency Operations Center (“EOC”) subject to the conditions described herein to work in the EOC either during a declared Emergency or during annual EOC activations will receive hour-for-hour straight time pay.
The straight time pay will be based on the hourly equivalent of each employee’s annual base salary.
The City agrees to provide compensation for employees who work in the Emergency Operations Center (EOC) anytime an employee is assigned to work in the EOC outside of their normal shift. The compensation will be hour-per-hour Pay, or CTO at the straight time rate. FGMA members can elect CTO or PAY at straight time rate. Employee may cash-out CTO upon request.
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If the employee is subject to call outs and must be onsite to participate in emergencies or special projects, and this time exceeds two (2) hours the employee will be paid straight time overtime until job is completed, or the employee is relieved from duty.
If an employee is assigned for any type of mutual aid for other agencies and are deployed, they will be paid at straight time overtime for the duration of the assignment.
The parties further agree to reconvene in July 2023 and meet and confer on the cost implications of this provision to make sure of its long-term feasibility.
ARTICLE 22. DISPATCH SHIFT COVERAGE PAY
Effective December 8, 2017, Dispatch Supervisors shall be paid at time and one-half at their current step base pay for hours worked in excess of a 40-hour FLSA work week when covering a shift in the Dispatch Center.
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SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
REACHED BETWEEN
THE REPRESENTATIVES OF THE CITY AND
THE FAIRFIELD GENERAL MANAGEMENT ASSOCIATION
City of Fairfield Fairfield General Management Association
_______________________________ ___ ___________________________ David J. Gassaway George ShimboffNigel Browne
Interim City Manager FGMA President
_______________________________ ___ ___________________________ Date Date